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Agenda 11/12/2024 Item #16B 7 (Award Invitationn to Bid #24-8259 Asphalt Maintenance and related Services to "Preferred Materials, Inc.)
11/12/2024 Item # 16.13.7 ID# 2024-1605 Executive Summary Recommendation to award Invitation to Bid No. 24-8259, "Asphalt Maintenance and Related Services" to Preferred Materials, Inc., and authorize the Chairman to sign the attached Agreement. OBJECTIVE: To award a countywide contract for asphalt maintenance, materials, and services as needed, including but not limited to, roadway milling, resurfacing, limerock road conversions, pothole repairs, spot repairs, grading, overlays, tack coat placements, and material deliveries for County roadways, right-of-way, and properties. CONSIDERATIONS: On May 13, 2024, the Procurement Services Division released Invitation to Bid ("ITB") No. 24- 8259, "Asphalt Maintenance and Related Services." The County received two bids by the June 12, 2024, submission deadline as shown below. )any Name City County State Bid Amount Responsive/Responsible rred Materials, Inc. Tampa / Hillsborough / FL $9,878.50 Yes/Yes Ft. Myers Lee Paving Industries of Ft. Myers Lee FL $60,205.35 Yes/Yes la LLC Staff reviewed both bids and found them responsive and responsible with minor irregularities. Staff recommends awarding to Preferred Materials, Inc. ("Preferred") based on its lowest total bid. Staff has determined awarding a Secondary vendor is not in the County's best interest. Staff conducted a price analysis comparing Preferred's and Ajax Materials, Inc. ("Ajax") bid prices. The analysis shows Ajax's prices were 33 to 358 percent more than Preferred's bid prices. Another comparison was done utilizing Lee County Government Agreement No. B220257ACN, Russ Berner Construction, and Preferred's bid prices. The Lee County Agreement had percentage differences ranging from 28 to 91 percent higher (see attached Price Analysis 24- 8259). Preferred is a Florida corporation that has been doing business with the County for sixteen years. The attached proposed Agreement No. 24-8259 provides an initial three-year term with two additional one-year renewal options. This item is consistent with the Collier County Strategic Plan to plan and build public infrastructure and facilities to meet the needs of our community effectively, efficiently, and sustainably. FISCAL IMPACT: The Division budgets for these expenditures annually, estimated at $10,000,000. The sources of funding are general and unincorporated general funds and gas tax. Other County Divisions will provide funding from their respective budgets. These expenditures may not be indicative of future spending patterns and may increase or decrease in future fiscal years. GROWTH MANAGEMENT IMPACT: This impact is consistent with Collier County Strategic Plan 2024 for Infrastructure and Asset Management's objective to optimize the useful life of all public infrastructure and resources through proper planning and preventative maintenance. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. —SRT RECOMMENDATIONS: To award ITB No. 24-8259, "Asphalt Maintenance and Related Services," to Preferred Materials, Inc., and authorize the Chairman to sign the attached Agreement. 11/12/2024 Item # 16.13.7 ID# 2024-1605 PREPARED BY: Melissa Pearson, Contract Administration Specialist, Transportation Management Services Department ATTACHMENTS: 1. 24-8259 NORA 2. 24-8259 Bid Tabulation 3. 24-8259_Preferred Materials —Bid Submittal —combined 4. 24-8259 Price Analysis 5. 24-8259 VendorSigned_Preferred Materiasl 6. 24-8259 COI Package_ Preferred Materials 7. 24-8259 Solicitation Docusign Envelope ID: 78CD3CB4-B335-4ACE-9EAB-OB7DE99B4B74 Cotr Count y Procurement Services Division Notice of Recommended Award Solicitation: 24-8259 Title: Asphalt Maintenance and Related Service Due Date and Time: June 12, 2024, at 3:00 PM EST Respondents: Company Name City County State Bid Amount Responsive/Responsible Preferred Materials, Inc. Tampa / Ft. Myers Hillsborough / Lee FL $9,878.50 Yes/Yes Ajax Paving Industries of Florida LLC Ft. Myers Lee FL $60,205.35 Yes/Yes Utilized Local Vendor Preference: Yes 0 No - Recommended Vendors) For Award: On May 13, 2024, the Procurement Services Division released Invitation to Bid ("ITB") No. 24-8259, "Asphalt Maintenance and Related Service", to one thousand eight hundred seventy-eight (1,878) vendors. Three hundred and forty-nine (349) bid packages were viewed and two (2) bids were received by the June 12, 2024, submission deadline. Staff reviewed the bids received. Both bidders were found to be responsive and responsible with minor irregularities, as shown above. Award has been established based on lowest total bid to a Primary vendor. Staff has determined it to be in the best interest of the County not to award to a Secondary vendor. Award is being recommended to Preferred Materials, Inc., the lowest responsive and responsible bidder. Contract Driven = Purchase Order Driven 0 Project Manager: Docusfgneaby: Required Signatures by: Procurement Strategistk >VPuA4 ff""" Crort, 8/19/2024 6;MGg6Rglt Services Director: Sandra Srnka 8/19/2024 Date Project Manager: Melissa Pearson Procurement Strategist: Sarah Hamilton Notifications Sent: 1,878 Bid Packages Viewed: 349 Bids Received: 2 BID TABULATION ITB NO.24-8259 "ASPHALT MAINTENANCE AND RELATED SERVICES" Preferred Materials, Ajax Paving Industries of Florida Inc. LLC MILLING: Unit price includes traffic control plan, supervision, labor, materials, equipment, mobilization/demobilization, MOT/TTC, sweeping, and disposal. Item Description Qty UOM Unit Price Unit Price 1 MILLING PROJECTS 0 - 2500 SY $ 15.00 $ 40.00 2 MILLING PROJECTS 2501-10,000 SY $ 6.00 $ 25.00 3 MILLING PROJECTS 10,001 - 25,000 SY $ 6.00 $ 10.00 4 MILLING PROJECTS 25,001 & ABOVE SY $ 6.00 $ 8.00 5 1MILLING PORTLAND CEMENT CONCRETE 1 0 - 50 1 SY 1 $ 20.00 1 $ 550.00 1 GRINDING: Unit price includes traffic control plan, supervision, labor, materials, equipment, mobilization/demobilization, MOT/TTC, sweeping, and disposal. Item Description Qty UOM 6 CONCRETE GRINDING 0 - 100 SF 7 CONCRETE GRINDING 101 - 500 SF 8 CONCRETE GRINDING 501 & ABOVE SF CLASS I ASPHALT (RESURFACING PROJECTS): Unit price information refer to the solicitation document, I. Work Specifications, Section 3. , subsection 3.1. SMALL PROJECTS AND SPOT REPAIRS Item Description Qty UOM 9 SP 9.5 / HOT MIX INSTALLED 1 - 199 TN 10 SP 12.5 / HOT MIX INSTALLED 1 - 199 TN 11 FC 5 / HOT MIX INSTALLED 1 - 199 TN 12 FC 9.5 / HOT MIX INSTALLED 1 - 199 TN 13 FC 12.5 / HOT MIX INSTALLED 1 - 199 TN MEDIUM PROJECTS Item Description Qty UOM 14 SP 9.5 / HOT MIX INSTALLED 200 - 399 TN 15 SP 12.5 / HOT MIX INSTALLED 200 - 399 TN 16 FC 5 / HOT MIX INSTALLED 200 - 399 TN 17 FC 9.5 / HOT MIX INSTALLED 200 - 399 TN 18 FC 12.5 / HOT MIX INSTALLED 200 - 399 TN Unit Price $ 100.00 $ $ 65.00 $ $ 33.00 $ Unit Price $ 198.00 $ $ 196.00 $ $ 217.00 $ $ 246.00 $ $ 239.00 $ Unit Price $ 121.00 $ $ 120.00 $ $ 190.00 $ $ 170.00 $ $ 163.00 $ Unit Price 750.00 650.00 250.00 Unit Price 750.00 750.00 1,000.00 900.00 900.00 Unit Price 550.00 550.00 750.00 600.00 600.00 Page 1 of 6 Project Manager: Melissa Pearson Procurement Strategist: Sarah Hamilton Notifications Sent: 1,878 Bid Packages Viewed: 349 Bids Received: 2 LARGE PROJECTS WITHOUT COMPACTION MONITORING Item Description Qty UOM 19 SP 9.5 / HOT MIX INSTALLED 400 & ABOVE TN 20 SP 12.5 / HOT MIX INSTALLED 400 & ABOVE TN 21 FC 5 / HOT MIX INSTALLED 400 & ABOVE TN 22 FC 9.5 / HOT MIX INSTALLED 400 & ABOVE TN 23 FC 12.5 / HOT MIX INSTALLED 400 & ABOVE TN LARGE PROJECTS WITH COMPACTION MONITORING Item Description Qty UOM 24 SP 9.5 / HOT MIX INSTALLED 400 & ABOVE TN 25 SP 12.5 / HOT MIX INSTALLED 400 & ABOVE TN 26 FC 5 / HOT MIX INSTALLED 400 & ABOVE TN 27 FC 9.5 / HOT MIX INSTALLED 400 & ABOVE TN 28 FC 12.5 / HOT MIX INSTALLED 400 & ABOVE TN CLASS II ASPHALT (PAVING OVER PREPARED SURFACES): Unit price information refer to the solicitation document, I. Work Specifications, Section 3, subsection 3.2. SMALL PROJECTS AND SPOT REPAIRS Item Description 29 SP 9.5 / HOT MIX INSTALLED 30 SP 12.5 / HOT MIX INSTALLED MEDIUM PROJECTS Item Description 31 SP 9.5 / HOT MIX INSTALLED 32 SP 12.5 / HOT MIX INSTALLED LARGE PROJECTS W/O COMPACTION MONITORING Item Description 33 SP 9.5 / HOT MIX INSTALLED 34 SP 12.5 / HOT MIX INSTALLED LARGE PROJECTS W/ COMPACTION MONITORING Item Description 35 SP 9.5 / HOT MIX INSTALLED 36 SP 12.5 / HOT MIX INSTALLED Unit Price $ 118.00 $ $ 116.00 $ $ 186.00 $ $ 167.00 $ $ 160.00 $ Unit Price $ 120.00 $ $ 119.00 $ $ 188.00 $ $ 169.00 $ $ 161.00 $ Unit Price 275.00 275.00 400.00 350.00 350.00 Unit Price 300.00 300.00 500.00 450.00 450.00 Qty UOM Unit Price Unit Price 1 - 99 TN $ 250.00 $ 750.00 1 - 99 TN $ 250.00 $ 750.00 Qty UOM Unit Price 100 - 399 TN $ 140.00 $ 100 - 399 TN $ 138.00 $ Qty UOM Unit Price 400 & ABOVE TN $ 118.00 $ 400 & ABOVE TN $ 116.00 $ Qty UOM Unit Price 400 & ABOVE TN $ 120.00 $ 400 & ABOVE TN $ 118.00 $ Unit Price 500.00 500.00 Unit Price 450.00 450.00 Unit Price 475.00 475.00 Page 2 of 6 Project Manager: Melissa Pearson Procurement Strategist: Sarah Hamilton Notifications Sent: 1,878 Bid Packages Viewed: 349 Bids Received: 2 CLASS III ASPHALT (SIDEWALKS, BIKE PATHS, PARKING LOTS, ALLEYWAY, PAVED DITCH, MISC. PAVING): Unit price information refer to the solicitation document, I. Work Specifications, Section 3. , subsection 3.3. SMALL PROJECTS AND SPOT REPAIRS Item Description Qty UOM 37 SP 9.5 / HOT MIX INSTALLED 1 - 49 TN 38 SP 12.5 / HOT MIX INSTALLED 1 - 49 TN MEDIUM PROJECTS Item Description Qty UOM 39 SP 9.5 / HOT MIX INSTALLED 50 - 199 TN 40 SP 12.5 / HOT MIX INSTALLED 50 - 199 TN LARGE PROJECTS Item Description Qty UOM 41 SP 9.5 / HOT MIX INSTALLED 200 & ABOVE TN 42 SP 12.5 / HOT MIX INSTALLED 200 & ABOVE TN OTHER PAVEMENT RELATED WORK: Unit price includes traffic control plan, Temporary Traffic Control, Mobilization, Demobilization, supervision, labor, materials, equipment, and disposal. LIMEROCK CONVERSION PREPARATION Item Description Qty UOM 43 FINE GRADE, COMPACT AND PREPARE SURFACE FOR PRIME AND SANDING 1 - 3500 SY 44 FINE GRADE, COMPACT AND PREPARE SURFACE FOR PRIME AND SANDING 3501 - 10,000 SY 45 FINE GRADE, COMPACT AND PREPARE SURFACE FOR PRIME AND SANDING 10,000 & UP SY 46 LIMEROCK AND DELIVERY (Project related) 20 TN PRIME & SAND MIX Unit Price $ 250.00 $ $ 250.00 $ Unit Price $ 208.00 $ $ 206.00 $ Unit Price $ 148.00 $ $ 146.00 $ Unit Price $ 9.00 1 $ $ 9.00 1 $ $ 9.00 1 $ $ 31.70 1 $ Unit Price 1,000.00 1,000.00 Unit Price 850.00 850.00 Unit Price 450.00 450.00 Unit Price 50.00 45.00 40.00 1,500.00 Item I Description Qty UOM Unit Price Unit Price 47 SMALL PROJECTS 0 - 3500 SY $ 3.50 $ 2.50 48 MEDIUM PROJECTS 3501 - 10,000 SY $ 3.50 $ 1.00 49 LARGE PROJECTS 10,000 & ABOVE SY $ 3.50 $ 0.85 Page 3 of 6 Project Manager: Melissa Pearson Procurement Strategist: Sarah Hamilton Notifications Sent: 1,878 Bid Packages Viewed: 349 Bids Received: 2 SHOULDER TRIMMING AND REGRADING Item Description 50 SHOULDER TRIMMING & REGRADING 51 SHOULDER TRIMMING & REGRADING GEOTEXTILE INTERLAYER Item Description 52 SMALL PROJECTS 53 MEDIUM PROJECTS 54 LARGE PROJECTS SWALE REWORK Item Description 55 SIX FEET (6') WIDE UP TO ONE FOOT (F) 56 I SIX FEET (6') WIDE X ONE FOOT (F) PLUS BASE WORK PREPARATION Item Description 57 FOUR INCH (4") COMPACTED DEPTH 58 SIX INCH (6") COMPACTED DEPTH 59 EIGHT INCH (8") COMPACTED DEPTH 60 TWELVE INCH (12") COMPACTED DEPTH SHOULDER WIDENING Item Description 61 EIGHT INCH (8") COMPACTED DEPTH 62 TWELVE INCH (12") COMPACTED DEPTH SHOULDER BACKUP W/ AGGREGATE Item Description 63 SHOULDER BACKUP 64 SHOULDER BACKUP Qty UOM 1-10,000 LF $ 10,001 & ABOVE LF $ Qty UOM 0 - 3500 SY $ 3501 - 10,000 SY $ 10,000 & ABOVE SY $ Unit Price 4.00 $ 4.00 $ Unit Price 5.75 $ 5.35 $ 5.20 $ Unit Price 500.00 95.00 Unit Price 750.00 700.00 150.00 Qty UOM Unit Price Unit Price 1 LF $ 10.00 $ 40.00 1 I LF 1$ 10.00 1$ 40.00 1 Qty UOM Unit Price Unit Price 1 SY $ 40.00 $ 50.00 1 SY $ 45.00 $ 60.00 1 SY $ 50.00 $ 80.00 1 SY $ 55.00 1 $ 100.00 Qty UOM 1 SY $ 1 SY $ Qty UOM 1 - 500 TN $ 501 & ABOVE TN $ Unit Price 85.00 $ 98.00 $ Unit Price 35.00 $ 35.00 $ Unit Price 150.00 200.00 Unit Price 150.00 75.00 Page 4 of 6 Project Manager: Melissa Pearson Procurement Strategist: Sarah Hamilton Notifications Sent: 1,878 Bid Packages Viewed: 349 Bids Received: 2 SOD WITH INSTALLATION Item Description Qty UOM Unit Price Unit Price 65 BAHIA 1 SF $ 5.00 $ 25.00 66 FLORATAM 1 SF $ 5.00 $ 35.00 67 ZOYSIA 1 SF $ 5.00 $ 75.00 SPEED TABLE INSTALLATION F68 I TRAFFIC CALMING DEVICE 1 EA $ 1,500.00 $ 30,000.00 SURFACE PROTECTION Item Description Qty UOM Unit Price Unit Price 69 SAND 1 CY $ 15.00 $ 25.00 71 BOARDS 1 SY $ 10.00 $ 150.00 ASPHALT CURB Item Description Qty UOM Unit Price Unit Price 71 ASPHALT CURB 1 LF J$ 100.00 $ 200.00 MISCELLANEOUS SERVICES AND LABOR Item Description Qty UOM Unit Price Unit Price 72 WATER TRUCK W/OPERATOR & WATER 1 HR $ 80.00 $ 175.00 73 SWEEPER W/OPERATOR 1 HR $ 175.00 $ 175.00 74 DISTRIBUTOR TRUCK W/ OPERATOR 1 HR $ 130.00 $ 300.00 75 DUMP TRUCK W/OPERATOR 1 HR $ 95.00 $ 300.00 76 LIGHTING PLANT PER DAY 1 EA $ 60.00 $ 250.00 77 IP,O YTABLE VARIABLE MESSAGE SIGN PER 1 EA $ 25.00 $ 150.00 78 OFF DUTY LAW ENFORCEMENT OFFICER W/MARKED VEHICLE 1 HR $ 95.00 $ 95.00 79 SUPERINTENDENT 1 HR $ 93.00 $ 100.00 80 FOREMAN 1 HR $ 75.00 $ 85.00 81 OPERATOR 1 I HR $ 47.00 1 $ 75.00 82 LABORER 1 1 HR 1 $ 37.00 1 $ 65.00 Page 5 of 6 Project Manager: Melissa Pearson Procurement Strategist: Sarah Hamilton Notifications Sent: 1,878 Bid Packages Viewed: 349 Bids Received: 2 MATERIALS: Collier County to pickup materials - the pickup location must be within the borders of Collier County. Item Description Qty UOM Unit Price Unit Price 83 ASPHALT COLD PATCH 1 TN $ 150.00 No Bid 84 SP 9.5 / ASPHALT HOT MIX 1 TN $ 72.00 $ 115.00 85 SP 12.5 /ASPHALT HOT MIX 1 TN $ 71.00 $ 115.00 86 FC 5 / ASPHALT HOT MIX 1 TN $ 144.00 $ 225.00 87 FC 9.5 / ASPHALT HOT MIX 1 TN $ 122.00 $ 225.00 88 FC 12.5 / ASPHALT HOT MIX 1 TN $ 114.00 $ 225.00 89 LIMEROCK - COUNTY PICKUP 20 TN $ 20.00 No Bid 90 TRACKLESS TRACK 1 GAL $ 4.00 $ 8.00 TOTAL BID $ 9,878.50 $ 60,205.35 Material Markup not to exceed 15% Equipment Markup not to exceed 10% Subcontractor Markup not to exceed 15% REQUIRED DOCUMENTS YES/NO YES/NO Bid Schedule YES YES Form 1: Vendor Declaration Statement YES YES Form 2: Conflict of Interest Certification Affidavit YES YES Form 3: Immigration Affidavit Certification YES YES Form 4: Local Vendor Preference YES YES Form 5: References YES YES Business Tax Receipt YES YES W-9 YES YES Sun Biz YES YES E-Verify YES* YES Addendum (1) YES YES Letter of Bondability YES* NO* Licenses/Certifications YES YES *Minor Irregularity Opened on: June 12, 2024 at 3:00 PM EST Opened by: Matthew Webster Witnessed by: Leeann Charles Page 6 of 6 Coffier Co1.nty County of Collier, FL Procurement 3299 Tamiami Trail, East Naples, FL 34112 [PREFERRED MATERIALS] RESPONSE DOCUMENT REPORT GEN No. 24-8259 Asphalt Maintenance and Related Services RESPONSE DEADLINE: June 12, 2024 at 3:00 pm Report Generated: Wednesday, June 12, 2024 Preferred Materials Response CONTACT INFORMATION Company: Preferred Materials Email: craig.ketron@preferredmaterials.com Contact: Craig Ketron Address: 5701 E. Hillsborough Avenue Suite 1122 Tampa, FL 33610 Phone: N/A Website: N/A Submission Date: Jun 11, 2024 3:24 PM [PREFERRED MATERIALS] RESPONSE DOCUMENT REPORT GEN No. 24-8259 Asphalt Maintenance and Related Services Addendum #1 Confirmed Jun 11, 2024 7:19 AM by Craig Ketron ADDENDA CONFIRMATION QUESTIONNAIRE 1. 1. 1 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. 2. General Bid Instructions has been acknowledged and accepted.* Confirmed 3. 3. Collier County Purchase Order Terms and Conditions have been acknowledged and accepted.* Confirmed 4. 4. County Required Forms 4.1. BID SCHEDULE* Please upload completed Bid Schedule in Microsoft Excel format. 4.1 - 24-8259 Bid Schedule Preferred Materials.xlsx 4.2. VENDOR DECLARATION STATEMENT (FORM 1)* 4.2= _Vendor_Declaration_Statement.pdf 4.3. CONFLICT OF INTEREST CERTIFICATION AFFIDAVIT (FORM 2)* [PREFERRED MATERIALS] RESPONSE DOCUMENT REPORT undefined - Asphalt Maintenance and Related Services Page 2 [PREFERRED MATERIALS] RESPONSE DOCUMENT REPORT GEN No. 24-8259 Asphalt Maintenance and Related Services 4.3= _ConfIict_of Interest_Certification.pdf 4.4. PROOF OF STATUS FROM DIVISION OF CORPORATIONS - FLORIDA DEPARTMENT OF STATE (IF WORK PERFORMED IN THE STATE) - HTTP:HDOS.MYFLORIDA.COM/SUNBIZ/ SHOULD BE ATTACHED WITH YOUR SUBMITTAL* 4.4= _2024= _State_of_FL_Certificate_of_Good_P25882_2023.pdf 2024= _Certificate_of Good_Standing.pdf 4.5. IMMIGRATION AFFIDAVIT CERTIFICATION (FORM 3)* 4.5= _Immigration_Affidavit_Certification.pdf 4.6. E-VERIFY MEMORANDUM OF UNDERSTANDING OR COMPANY PROFILE PAGE* 4.6= _E-Verify_Memo_of Understanding_Signature_Page_(AMAT).pdf 4.7. CERTIFICATION FOR CLAIMING STATUS AS A LOCAL BUSINESS (FORM 4) IF APPLICABLE AND CLAIMING LOCAL VENDOR STATUS. 4.7= _Certification_of Claiming_Status_Completed.pdf 4.8. BUSINESS TAX RECEIPT Required if claiming Local Vendor Status. 4.8= _2024_Collier_County_Business_Tax_Receipt.pdf 4.8= _2024_Lee_County_Business_Tax_Receipt_Alico_Rd.pdf 4.8= _2024_Lee_County_Business_Tax_Receipt_Green_Meadow_Rd.pdf 4.9. REFERENCE QUESTIONNAIRES (FORM 5)* Completed reference forms. 4.9= _Ref_1_-_Sarasota_County_Reference.pdf 4.9= _Ref_2_-_Marco.pdf 4.9= _Ref_3_-_North_Port_Reference.pdf 4.9= _Ref 4_-_Reference_Form= _Charlotte_County.pdf [PREFERRED MATERIALS] RESPONSE DOCUMENT REPORT undefined - Asphalt Maintenance and Related Services Page 3 [PREFERRED MATERIALS] RESPONSE DOCUMENT REPORT GEN No. 24-8259 Asphalt Maintenance and Related Services 4.9= _Ref 5= _Reference_Form= _Lee_County.pdf 4.10. VENDOR W-9 FORM* 4.10= _W9_updated_8.29.23.pdf 4.11. VENDOR ACKNOWLEDGES INSURANCE REQUIREMENTS AND IS PREPARED TO PRODUCE THE REQUIRED INSURANCE CERTIFICATE(S) WITHIN FIVE (5) DAYS OF THE COUNTY'S ISSUANCE OF A NOTICE OF RECOMMEND AWARD.* Confirmed 4.12. LICENSES AND/OR CERTIFICATIONS* Refer to Solicitation documents for required licenses/certifications. 4.12= _St_of FL_Attorney_General_Letter_-_FTBA_2023.pdf 4.13. ALL SIGNED ADDENDA, IF APPLICABLE. 4.13= _Addendum_1_Signed.pdf 4.14. ALL OTHER REQUIRED DOCUMENTATION, AS APPLICABLE. 4.14= _AII_other_required_documentation.pdf PRICE TABLES TOTAL BID AMOUNT Submit line -item pricing via Bid Schedule in Microsoft Excel format. [PREFERRED MATERIALS] RESPONSE DOCUMENT REPORT undefined - Asphalt Maintenance and Related Services Page 4 [PREFERRED MATERIALS] RESPONSE DOCUMENT REPORT GEN No. 24-8259 Asphalt Maintenance and Related Services [PREFERRED MATERIALS] RESPONSE DOCUMENT REPORT undefined - Asphalt Maintenance and Related Services Page 5 co ,eY co1.14ty Procurement Services Division Form 1: 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 by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. 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 work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 12th day of June 2024 in the County of Hillsborough , in the State of Florida Firm's Legal Name: Preferred Materials, Inc. Address: 5701 E. Hillsborough Ave. Suite 1122 City, State, Zip Code: Tampa, FL 33610 Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded P25884 58-1401468 CCRID 299019 Cage Code 7EK24 Telephone: 813-612-5740 Email: Signature by: (Typed and written) Title: Craig Ketron, Authorized Employee Co per County Procurement Services Division Form 2: Conflict of Interest Certification 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. Preferred Materials, Inc. Co pan Name Signature Craig Ketron, Authorized Employee Print Name and Title State of Florida County of Hillsborough The foregoing instrument was acknowledged before me by means of ® physical presence or 0 online notarization, this 12th day of June (month), 2024 (year), by Crai Ketron, Authorized Em to ee (name of person acknow gang). ersonally Known OR Produced Identification N/A Type of Identification Produced otary Public) Marizabed R. Perez de L gstreet H W (Print, Type, or Stamp Co i i Name of Notary Public) - �`�: MARIZABED R. PCRE4 LONGSTREET *: • *: MY COMMISSION # HH 2299N a °d EXPIRES: Apdf.11, 2026 State of Florida Department of State I certify from the records of this office that PREFERRED MATERIALS, INC. is a Georgia corporation authorized to transact business in the State of Florida, qualified on September 1, 1989. The document number of this corporation is P25884. I further certify that said corporation has paid all fees due this office through December 31, 2021, that its most recent annual report/uniform business report was filed on April 27, 2021, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-sixth day of August, 2021 S creliny o `State Tracking Number: 6023606901CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https:llservices.sunbiz.org/FilingsICertificateOfStatus/C ertificateAuthentication State of Florida Department of State I certify from the records of this office that PREFERRED MATERIALS, INC. is a Georgia corporation authorized to transact business in the State of Florida, qualified on September 1, 1989. The document number of this corporation is P25884. I further certify that said corporation has paid all fees due this office through December 31, 2024, that its most recent annual report/uniform business report was filed on March 27, 2024, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-ninth day of April, 2024 Sew reptal y Itf S tate Tracking Number: 4004166230CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https:llservices.sunbiz.org/FilingsICertificateOfStatus/C ertificateAuthentication Col ,err C01411ty Procurement Services DMsion Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, 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 (hDs•//www.e-verify.govn, at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal 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'S AS 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 proposaVbid. "r Preferred Materials, Inc. "�ft<, ompany Name State of Florida' Signature Craig Ketron, Authorized Employee Print Name and Title County of Hillsborough The foregoing instrument was acknowledged before me by means of ER physical presence or ❑ online notarization, this 12th day of June (month), 24 (year), by Crai-Ketron. uthorized lov (name of acknowledging). E onally Kno OR Produced Identification N/A Type of Identification Produced of Notary Public) _ Marizabed R. Perez de on street 2299uu (Print, Type, or Stamp Co ed Name of Notary Public) WIZA3EDR.PEREZI4NGSTREET A. o, MYG.OMMISSION#HH229900 EXPIRES: April 11, 2026 F-Veri OEM. ' �.L. SEC Company ID Number:11815 (AMAT / CRH) Client Company ID Number:1453256 (PMI) Employer Preferred Materials, Inc Name (Please Type or Print) Title Jonathan Walker Signature Date Electronically Signed October 02, 2019 E-Verify Employer Agent Form 1-9 Compliance, LLC Name (Please Type or Print) Title Andre Gorash Signature Date Electronically Signed October 02, 2019 Department of Homeland Security - Verification Division Name Title USCIS Verification Division Signature Date Electronically Signed October 02, 2019 Page 1 of 11 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 r=-Veri Company ID Number:19959 Client Company ID Number:833181 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS USING A WEB SERVICES E-VERIFY EMPLOYER AGENT ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS), the Oldcastle Materials (Employer), and the Web Services E-Verify Employer Agent. The purpose of this agreement is to set forth terms and conditions which the Employer and the Web Services E-Verify Employer Agent will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the E-Verify Employer Agent, the Social Security Administration (SSA), and DHS. References in this MOU to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. For purposes of this MOU, the E-Verify browser refers to the website that provides direct access to the E-Verify system: https://e-verify.uscis.gov/emp. You may access E-Verify directly free of charge via the E-Verify browser. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. Section 1324a 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. RESPONSIBILITIES OF THE EMPLOYER 1. For purposes of this MOU, references to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. 2. By enrolling in E-Verify and signing the applicable MOU, the Employer asserts that it is a legitimate company which intends to use E-Verify for legitimate purposes only and in accordance with the laws, regulations and DHS policies and procedures relating to the use of E-Verify. 3. The Employer agrees to display the following notices supplied by DHS (though the Web Services E-Verify Employer Agent) in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: A. Notice of E-Verify Participation B. Notice of Right to Work 4. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the 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. 5. The Employer agrees to become familiar with and comply with the most recent version of theE-Verify User Manual. The Employer will obtain the E-Verify User Manual from the Web Services E-Verify Employer Agent, and will be notified by the Web Services E-Verify Employer Agent when a new version of the E-Verify User Manual becomes available. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: A. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" 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 Page 1 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 r=-Veri Company ID Number:19959 Client Company ID Number:833181 requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. B. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 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 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. B. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E- Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify (through its Web Services E-Verify Employer Agent) for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.13 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 111.13 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 Page 2 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 r=-Veri Company ID Number:19959 Client Company ID Number:833181 Employer obtains knowledge (as defined in 8 C.F.R. Section 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil 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 (through its Web Services E- Verify Employer Agent) 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 Personal Identification Numbers and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this 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@dhs.gov. Please use "Privacy Incident - Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA through its Web ServicesE-Verify Employer Agent is governed by the Privacy Act (5 U.S.C. Section 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this 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 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 Page 3 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 r=-Veri Company ID Number:19959 Client Company ID Number:833181 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 THE WEB SERVICES E-VERIFY EMPLOYER AGENT 1. The Web Services E-Verify Employer Agent agrees to complete its Web Services interface no later than six months after the date the Web Services User signs this MOU. E-Verify considers your interface to be complete once it has been built pursuant to the Interface Control Agreement (ICA), submitted to E-Verify for testing, and approved for system access. 2. The Web Services E-Verify Employer Agent agrees to perform sufficient maintenance on the Web Services interface in accordance with the requirements listed in the ICA. These requirements include, but are not limited to, updating the Web Services interface to ensure that any updates or enhancements are incorporated no later than six months after the issuance of an ICA. Web Services E-Verify Employer Agents should be aware that this will require the investment of time and resources. Compliance with the requirements of the ICA must be carried out to the satisfaction of DHS and or its assignees. 3. The Web Services E-Verify Employer Agent agrees to provide to SSA and/or DHS the names, titles, addresses, e-mail addresses, and telephone numbers of the Web Services E-Verify Employer Agent representative who will access information, as well as ensure cooperation, communication, and coordination with E-Verify. In addition, Web Services E-Verify Employer Agents must provide to SSA and/or DHS the names, titles, addresses, and telephone numbers of its clients and their staff who will access information through E-Verify. Web Services E-Verify Employer Agents must ensure the contact information is updated with SSA and DHS whenever the points of contact change. 4. The Web Services E-Verify Employer Agent agrees to become familiar with and comply with theE-Verify User Manual and provide a copy of the most current version of the manual to the Employer so that the Employer can become familiar with and comply with E-Verify policy and procedures. The Web Services E-Verify Employer Agent agrees to obtain a revised E-Verify User Manual as it becomes available and to provide a copy of the revised version to the Employer no later than 30 days after the manual becomes available. 5. The Web Services E-Verify Employer Agent agrees that any person accessing E-Verify on its behalf is trained on the most recent E-Verify policy and procedures. 6. The Web Services E-Verify Employer Agent agrees that any of its representatives who will perform employment verification cases will complete the E-Verify Tutorial before that individual initiates any cases. A. The Web Services E-Verify Employer Agent agrees that all of its representatives will take the refresher tutorials initiated by E-Verify as a condition of continued use of E-Verify, including any tutorials for Federal contractors, if any of the Employers represented by the Web Services E-Verify Employer Agent is a Federal contractor. B. Failure to complete a refresher tutorial will prevent the Web Services E-Verify Employer Agent and Employer from continued use of E-Verify. 7. The Web Services E-Verify Employer Agent agrees to grant E-Verify access only to current employees who need E-Verify access. The Web Services E-Verify Employer Agent must promptly terminate an employee's E- Verify access if the employee is separated from the company or no longer needs access to E-Verify. 8. The Web Services E-Verify Employer Agent agrees to obtain the necessary equipment to use E- Verify as required by the E-Verify rules and regulations as modified from time to time. 9. The Web Services E-Verify Employer Agent agrees to, consistent with applicable laws, regulations, and policies, commit sufficient personnel and resources to meet the requirements of this MOU. 10. The Web Services E-Verify Employer Agent agrees to provide its clients with training on E-Verify processes, policies, and procedures. The E-Verify Employer Agent also agrees to provide its clients with ongoing E- Verify training as needed. E-Verify is not responsible for providing training to clients of E-Verify Employer Agents. 11. The Web Services E-Verify Employer Agent agrees to provide the Employer with the notices described in Article II.B.2 below. 12. The Web Services E-Verify Employer Agent agrees to create E-Verify cases for the Employer it represents in accordance with the E-Verify Manual, the E-Verify Web -Based Tutorial and all other published E-Verify rules and procedures. The Web Services E-Verify Employer Agent will createE-Verify cases using information provided by the Employer and will immediately communicate the response back to the Employer. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Web Services E-Verify Employer Agent's attempting, in good faith, to make inquiries on behalf of the Employer during the period of unavailability. If, however, the Web Services interface is unavailable due to no fault of E-Verify, then the three-day time period is not extended. In such a case, the Web Services E-Verify Employer Agent must use the E-Verify browser during the outage. Page 4 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 r=-Veri Company ID Number:19959 Client Company ID Number:833181 13. The Web Services E-Verify Employer Agent agrees to ensure that all notices, referral letters and any other materials otherwise including instructions regarding tentative nonconfirmations, will be consistent with the most current E-Verify tentative nonconfirmation notices and referral letters, which are available on E-Verify's website. 14. The Web Services E-Verify Employer Agent agrees that any system or interface it develops will follow the steps for creating E-Verify cases and processing tentative nonconfirmations, as laid out in the ICA, this MOU and the User Manual, including but not limited to allowing an employer to close an invalid case where appropriate, allowing an employer to refer a tentative nonconfirmation only when an employee chooses to contest a tentative nonconfirmation (no automatic referrals), and referring a tentative nonconfirmation to the appropriate agency at the time the employer prints the referral letter and provides the letter to the employee. The Web Services E-Verify Employer Agent understands that any failure to make its system or interface consistent with proper E-Verify procedures can result in DHS terminating the Web Services E-Verify Employer Agent's agreement and access with or without notice. 15. When the Web Services E-Verify Employer Agent receives notice from a client company that it has received a contract with the FAR clause, then the Web Services E-Verify Employer Agent must update the company's E-Verify profile within 30 days of the contract award date. 16. If data is transmitted between the Web Services E-Verify Employer Agent and its client, then the Web Services E-Verify Employer Agent agrees to protect personally identifiable information during transmission to and from the Web Services E-Verify Employer Agent. 17. The Web Services E-Verify Employer Agent agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access toE-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at . Please use "Privacy Incident - Password" in the subject line of your email when sending a breach report to E- Verify. 18. The Web Services E-Verify Employer Agent agrees to fully cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms 1-9, employment records, and all records pertaining to the Web Services E-Verify Employer Agent's use of E-Verify, and to interview it and its employees regarding the use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. A. The Web Services E-Verify Employer Agent agrees to cooperate with DHS if DHS requests information about the Web Services E-Verify Employer Agent's interface, including requests by DHS to view the actual interface operated by the Web Services E-Verify Employer Agent as well as related business documents. The Web Services E-Verify Employer Agent agrees to demonstrate for DHS the functionality of its interface to E-Verify upon request. B. The Web Services E-Verify Employer Agent agrees to demonstrate, if requested by DHS, that it has provided training to its clients that meets E-Verify standards. Training programs must provide a focused study of the topics covered in the E-Verify User Manual and pertinent Supplemental Guides. Furthermore, training programs and materials must be updated as E-Verify changes occur. The Web Services E-Verify Employer Agent is encouraged to incorporate information from existing E-Verify materials, including the Enrollment Quick Reference Guide, the E-Verify Employer Agent Client Handbook (formerly known as the Designated Agent Client Handbook), and existing tutorials and manuals into their training program. E-Verify also encourages the Web Services E-Verify Employer Agent to supervise first-time use of the E-Verify browser or Web Services interface by its staff and Employer clients as part of any training program. The Web Services E-Verify Employer Agent agrees to submit its training program materials to DHS for review upon request. Failure to provide adequate training could, in some instances, lead to penalties as described in Article V.F.1. of this MOU. 19. The Web Services E-Verify Employer Agent shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Web Services E-Verify Employer Agent shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your Web Services E- Verify Employer Agent services and any claim to that effect is false. 20. The Web Services E-Verify Employer Agent shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Web Services E-Verify Employer Agent agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see ) and, other than pursuant to the specific terms of such license, may not Page 5 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 r=-Veri Company ID Number:19959 Client Company ID Number:833181 be used in any manner that might imply that the Web Services E-Verify Employer Agent's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E- Verify. 22. The Web Services E-Verify Employer Agent understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Web Services E-Verify Employer Agent may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. C. RESPONSIBILITIES OF FEDERAL CONTRACTORS The Web Services E-Verify Employer Agent shall ensure that the Web Services E-Verify Employer Agent and the Employers it represents carry out the following responsibilities if the Employer is a Federal contractor or becomes a federal contractor. The Web Services E-Verify Employer Agent should instruct the client to keep the Web Services E- Verify Employer Agent informed about any changes or updates related to federal contracts. It is the Web Services E- Verify Employer Agent's responsibility to ensure that its clients are in compliance with all E-Verify policies and procedures. 1. If the Employer is a Federal contractor with the FAR E-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 reverify the employee through E-Verify. A. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E- Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. 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 Page 6 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 r=-Veri Company ID Number:19959 Client Company ID Number:833181 iii. The Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). F. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, 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 Article II.C.5, but reflects documentation (such as a U.S. passport or Form I- 551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E- Verify User Manual. G. The Employer agrees not to require a second 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. D. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer (through the E-Verify Employer Agent) against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent) through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E- Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. Section 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 E-Verify Employer Agent. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the E-Verify Employer Agent. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. E. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer (through the E-Verify Employer Agent) to conduct, to the extent authorized by this MOU: A. Automated verification checks on alien employees by electronic means, and B. Photo verification checks (when available) on employees. 2. DHS agrees to assist the E-Verify Employer Agent with operational problems associated with its participation in E-Verify. DHS agrees to provide the E-Verify Employer Agent names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the E-Verify Employer Agent with access to E-Verify training materials as well as Page 7 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 r=-Veri Company ID Number:19959 Client Company ID Number:833181 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 E-Verify Employer Agents on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require E-Verify Employer Agents to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer (through the E-Verify Employer Agent) a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of justice. 6. DHS agrees to issue each of the E-Verify Employer Agent's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent), and to limit access to such information to individuals responsible for the verification process, for evaluation of E- 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. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-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 Page 8 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 r=-Veri Company ID Number:19959 Client Company ID Number:833181 contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 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 or the Web Services E-Verify Employer Agent for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V SYSTEM SECURITY AND MAINTENANCE A. DEVELOPMENT REQUIREMENTS 1. Software developed by Web Services E-Verify Employer Agents must comply with federally -mandated information security policies and industry security standards to include but not limited to: 2. Public Law 107-347, "E-Government Act of 2002, Title III, Federal Information Security Management Act (FISMA)," December 2002. 3. Office of Management and Budget (OMB) Memorandum (M-10-15), "FY 2010 Reporting Instructions for the Federal Information Security Management Act and Agency Privacy Management," April 2010. 4. National Institute of Standards and Technology (NIST) Special Publication (SP) and Federal Information Processing Standards Publication (FIPS). 5. International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 27002, Information Technology - Security Techniques - Code of Practice for Information Security Management. 6. The Web Services E-Verify Employer Agent agrees to update its Web Services interface to reflect system enhancements within six months from the date DHS notifies the Web Services User of the system update. The Web Services User will receive notice from DHS in the form of an Interface Control Agreement (ICA). The Web Services E-Verify Employer Agent agrees to institute changes to its interface as identified in the ICA, including all functionality identified and all data elements detailed therein. 7. The Web Services E-Verify Employer Agent agrees to demonstrate progress of its efforts to update its Web Services interface if and when DHS requests such progress reports. Page 9 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 r=-Veri Company ID Number:19959 Client Company ID Number:833181 8. The Web Services E-Verify Employer Agent acknowledges that if its system enhancements are not completed to the satisfaction of DHS or its assignees within six months from the date DHS notifies the Web Services User of the system update, then the Web Services User's E-Verify account may be suspended, and support for previous releases of E-Verify may no longer be available to the Web Services User. The Web Services E-Verify Employer Agent also acknowledges that DHS may suspend the Web Services User's account after the six-month period has elapsed. 9. The Web Services E-Verify Employer Agent agrees to incorporate error handling logic into its development or software to accommodate and act in a timely fashion should an error code be returned. 10. The Web Services E-Verify Employer Agent agrees to complete the technical requirements testing which is confirmed upon receiving approval of test data and connectivity between the Web Services E-Verify Employer Agent and DHS. 11. DHS will not reimburse any Web Services E-Verify Employer Agent or software developer who has expended resources in the development or maintenance of a Web Services interface if that party is unable, or becomes unable, to meet any of the requirements set forth in this MOU. 12. Housing, development, infrastructure, maintenance, and testing of the Web Services applications may take place outside the United States and its territories, but testing must be conducted to ensure that the code is correct and secure. 13. If the Web Services E-Verify Employer Agent includes an electronic Form 1-9 as part of its interface, then it must comply with the standards for electronic retention of Form 1-9 found in 8 CFR 274a.2(e). B. INFORMATION SECURITY REQUIREMENTS Web Services E-Verify Employer Agents performing verification services under this MOU must ensure that information that is shared between the Web Services E-Verify Employer Agent and DHS is appropriately protected comparable to the protection provided when the information is within the DHS environment [OMB Circular A-130 Appendix III]. To achieve this level of information security, the Web Services E-Verify Employer Agent agrees to institute the following procedures: 1. Conduct periodic assessments of risk, including the magnitude of harm that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of information and information systems that support the operations and assets of the DHS, SSA, and the Web ServicesE-Verify Employer Agent and its clients; 2. Develop policies and procedures that are based on risk assessments, cost-effectively reduce information security risks to an acceptable level, and ensure that information security is addressed throughout the life cycle of each organizational information system; 3. Implement subordinate plans for providing adequate information security for networks, facilities, information systems, or groups of information systems, as appropriate; 4. Conduct security awareness training to inform the Web Services E-Verify Employer Agent's personnel (including contractors and other users of information systems that support the operations and assets of the organization) of the information security risks associated with their activities and their responsibilities in complying with organizational policies and procedures designed to reduce these risks; 5. Develop periodic testing and evaluation of the effectiveness of information security policies, procedures, practices, and security controls to be performed with a frequency depending on risk, but no less than once per year; 6. Develop a process for planning, implementing, evaluating, and documenting remedial actions to address any deficiencies in the information security policies, procedures, and practices of the organization; 7. Implement procedures for detecting, reporting, and responding to security incidents; 8. Create plans and procedures to ensure continuity of operations for information systems that support the operations and assets of the organization; 9. In information -sharing environments, the information owner is responsible for establishing the rules for appropriate use and protection of the subject information and retains that responsibility even when the information is shared with or provided to other organizations [NIST SP 800-37]. 10. DHS reserves the right to restrict Web Services calls from certain IP addresses. 11. DHS reserves the right to audit the Web Services E-Verify Employer Agent's application. 12. Web Services E-Verify Employer Agents and Software Developers agree to cooperate willingly with the DHS assessment of information security and privacy practices used by the company to develop and maintain the Page 10 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 r=-Veri Company ID Number:19959 Client Company ID Number:833181 software. C. DATA PROTECTION AND PRIVACY REQUIREMENTS 1. Web Services E-Verify Employer Agents must practice proper Internet security; this means using HTTP over SSL/TLS (also known as HTTPS) when accessing DHS information resources such as E-Verify [NIST SP 800- 951. Internet security practices like this are necessary because Simple Object Access Protocol (SOAP), which provides a basic messaging framework on which Web Services can be built, allows messages to be viewed or modified by attackers as messages traverse the Internet and is not independently designed with all the necessary security protocols for E-Verify use. 2. In accordance with DHS standards, the Web Services E-Verify Employer Agent agrees to maintain physical, electronic, and procedural safeguards to appropriately protect the information shared under this MOU against loss, theft, misuse, unauthorized access, and improper disclosure, copying use, modification or deletion. 3. Any data transmission requiring encryption shall comply with the following standards: A. Products using FIPS 197 Advanced Encryption Standard (AES) algorithms with at least 256-bit encryption that has been validated under FIPS 140-2. B. NSA Type 2 or Type 1 encryption. 4. User ID Management (Set Standard): All information exchanged between the parties under this MOU will be done only through authorized Web Services E-Verify Employer Agent representatives identified above. 5. The Web Services E-Verify Employer Agent agrees to use the E-Verify browser instead of its own interface if it has not yet upgraded its interface to comply with the Federal Acquisition Regulation (FAR) system changes. In addition, Web Services E-Verify Employer Agents whose interfaces do not support the Form 1-9 from 2/2/2009 or 8/7/2009 should also use the E-Verify browser until the system upgrade is completed. 6. The Web Services E-Verify Employer Agent agrees to use the E-Verify browser instead of its own interface if it has not completed updates to its system within six months from the date DHS notifies the Web Services E- Verify Employer Agent of the system update. The Web Services E-Verify Employer Agent can resume use of its interface once it is up-to-date, unless the Web Services E-Verify Employer Agent has been suspended or terminated from continued use of the system. D. COMMUNICATIONS 1. Web Services E-Verify Employer Agents and Software Developers agree to develop an electronic system that is not subject to any agreement that would restrict access to and use of by an agency of the United States. 2. The Web Services E-Verify Employer Agent agrees to develop effective controls to ensure the integrity, accuracy and reliability of its electronic system. 3. The Web Services E-Verify Employer Agent agrees to develop an inspection and quality assurance program that regularly, at least once per year, evaluates the electronic system, and includes periodic checks of electronically stored information. The Web Services E-Verify Employer Agent agrees to share the results of its regular inspection and quality assurance program with DHS upon request. 4. The Web Services E-Verify Employer Agent agrees to develop an electronic system with the ability to produce legible copies of applicable notices, letters, etc. 5. All information exchanged between the parties under this MOU will be in accordance with applicable laws, regulations, and policies, including but not limited to, information security guidelines of the sending party with respect to any information that is deemed Personally Identifiable Information (PII), including but not limited to the employee or applicant's Social Security number, alien number, date of birth, or other information that may be used to identify the individual. 6. Suspected and confirmed information security breaches must be reported to DHS according to Article II.A.17. Reporting such breaches does not relieve the Web Services E-Verify Employer Agent from further requirements as directed by state and local law. The Web Services E-Verify Employer Agent is subject to applicable state laws regarding data protection and incident reporting in addition to the requirements herein. E. SOFTWARE DEVELOPER RESTRICTIONS 1. The Web Services E-Verify Employer Agent agrees that if it develops a Web Services interface and sells such interface, then it can be held liable for any misuse by the company that purchases the interface. It is the responsibility of the Web Services E-Verify Employer Agent to ensure that its interface is used in accordance with E-Verify policies and procedures. Page 11 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 r=-Veri Company ID Number:19959 Client Company ID Number:833181 2. The Web Services E-Verify Employer Agent agrees to provide software updates to each client who purchases its software. Because of the frequency Web Services updates, an ongoing relationship between the software developer and the client is necessary. 3. DHS reserves the right to terminate the access of any software developer with or without notice who creates or uses an interface that does not comply with E-Verify procedures. 4. Web Services Software Developers pursuing software development independent of serving clients as a Web Services E-Verify Employer Agent are not eligible to receive an ICA. At this time, E-Verify does not permit Web Services software development without also being a Web Services E-Verify Employer Agent or Web Services Employer. F. PENALTIES 1. The Web Services E-Verify Employer Agent agrees that any failure on its part to comply with the terms of the MOU may result in account suspension, termination, or other adverse action. 2. DHS is not liable for any financial losses to Web Services E-Verify Employer Agent, its clients, or any other party as a result of your account suspension or termination. ARTICLE VI 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. B. TERMINATION 1. The Web Services E-Verify Employer Agent may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. In addition, any Employer represented by the Web Services E-Verify Employer Agent may voluntarily terminate its MOU upon giving DHS 30 days' written notice. The Web Services E-Verify Employer Agent may not refuse to terminate the Employer based upon an outstanding bill for verification services. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Web Services E-Verify Employer Agent's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Web Services E-Verify Employer Agent or Employer, or a failure on the part of either party to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this 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. A Web Services E-Verify Employer Agent for an Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Web Services E-Verify Employer Agent must provide written notice to DHS. If the Web Services E- Verify Employer Agent fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Web Services E-Verify Employer Agent agrees that E-Verify is not liable for any losses, financial or otherwise, if the Web Services E-Verify Employer Agent or the Employer is terminated from E-Verify. ARTICLE VII PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Web Services E-Verify Employer Agent, its agents, officers, or employees. Page 12 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 r=-Veri Company ID Number:19959 Client Company ID Number:833181 C. The Web Services E-Verify Employer Agent may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of 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 Web Services E-Verify Employer Agent or the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Web Services E-Verify Employer Agent or the Employer. E. The Web Services E-Verify Employer Agent understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, 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, the Web Services E-Verify Employer Agent and DHS respectively. The Web Services E-Verify Employer Agent understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Web Services E-Verify Employer Agent, as the case may be, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 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, the Employer, and the E-Verify Employer Agent. Oldcastle Materials (Employer) hereby designates and appoints Jeremy Bateman (E- Verify Employer Agent), including its officers and employees, as the E-Verify Employer Agent for the purpose of carrying out (Employer) responsibilities under the MOU between the Employer, the E-Verify Employer Agent, and DHS. Page 13 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 F-Veri Company ID Number:19959 Client Company ID Number:833181 If you have any questions, contact E-Verify at 1-888-464-4218. Approved by: Employer Name (Please Type or Print) Title Signature Date E-Verify Employer Agent TALX Corporation Name (Please Type or Print) Jeremy Bateman Title Signature Electronically Signed Date February 08, 2019 Department of Homeland Security - Verification Division Name Title Signature Date Page 14 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 F-Veri Company ID Number:19959 Client Company ID Number:833181 Information Required for the E-Verify Program Information relating to your Company: Company Name Oldcastle Materials Company Facility Address 900 Ashwood Parkway Atlanta, GA 30338 Company Alternate Address County or Parish Fulton Employer Identification Number 22-1729463 North American Industry Classification Systems Code Administrative And Support Services (561) Parent Company Number of Employees 100 to 499 Number of Sites Verified for 0 Page 15 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 E-Veri Company ID Number:19959 Client Company ID Number:833181 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: Page 16 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 E-Veri Company ID Number:19959 Client Company ID Number:833181 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Stephanie Jordan Phone Number (770) 392-5397 Fax Number Email Address Stephanie.jordan@oldcastlematerials.com Page 17 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Go ter COUnty Procurement Services Division Form 4: Vendor Submittal — Local Vendor Preference Certification (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business) x❑ Collier County 0 Lee County Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section Fifteen of the Collier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non -permanent structure such as a construction trailer, storage shed, or other non -permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in ❑ Collier County or ❑x Lee County: 1989 Number of Employees (Including Owner(s) or Corporate Officers): 72 Number of Employees Living in ❑ Collier County or ❑x Lee (Including Owner(s) or Corporate Officers): 21 in Lee County If requested by the County, Vendor will be required to provide documentation substantiating the information given in this certification. Failure to do so will result in vendor's submission being deemed not applicable. Sign and Date Certification: Under penalties ofperjurv. I certi that the in ormation shown on this form is correct tom knowled e. Company Name: Preferred Materials, Inc. Date: 6/12/2024 Address in Collier o ee County. 18080 Green Meadow Road, Ft Myers, FL 33913 Signature: Title: Authorized Employee COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 745172 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104.(239) 252.2477 VISIT OUR WEBSITE AT: www.colliertaxcolleetor.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2024 DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. LOCATION: 911 5TH ST SW FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS, ZONED: PUD BUSINESS PHONE: 813-355-7178 LEGAL FORM PREFERRED MATERIALS, INC STATE OR COUNTY LIC #: Corporation PREFFERED MATERIALS, INC ATTN: MARIA 5701 E HILLSBOROUGH AVE #1122 TAMPA, FL 33610 1-10 EMPLOYEES CLASSIFICATION: PAVING PRODUCTS MFG/NO INSTALLATION -THIS TAX IS NON -REFUNDABLE - CLASSIFICATION CODE: 03002201 DATE 08/03/2023 AMOUNT 30.00 This document is a business tax only. This is not certification that licensee is qualified. RECEIPT WWW-24-00084735 It does not permit the licensee to violate any existing regulatory zoning laws of the state county, or cities nor does it exempt the licensee from any other taxes or permits that may be required by law. e, wee C42 Tax Collector 1Y00110 -mrartning PREFERRED MATERIALS INC PREFERRED MATERIALS INC 18080 GREEN MEADOW RD FT MYERS, FL 33913 Dear Business Owner: Local Business Tax Receipt Your 2023 - 2024 Lee County Local Business Tax Receipt is attached below for account number / receipt: number: 1007399 / 0600046 If there is a change in one of the following, refer to the instructions on the back of this receipt. • Business name • Ownership • Physical location • Business closed This is not a bill. Detach the bottom portion and display in a public location. I hope you have a successful year. Sincerely, Lee County Tax Collector --�----------------------------------------------------------------------------------------------- 2023-2024 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1007399 Receipt Number: 0600046 State License Number: Location: 14299 ALICO RD FT MYERS, FL 33913 PREFERRED MATERIALS INC PREFERRED MATERIALS INC 14299 ALICO RD FT MYERS, FL 33913 Account Expires: September 30, 2024 May engage in the business of - BUSINESS SERVICE THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY Payment Information: PAID DP-00-01382403 08/01/2023 $ 50.00 Local Business Tax Receipt PREFERRED MATERIALS, INC. PREFERRED MATERIALS, INC. 17900 GREEN MEADOW RD FORT MYERS, FL 33913-8293 Dear Business Owner: Your 2023 - 2024 Lee County Local Business Tax Receipt is attached below for account number / receipt: number: 1086327 / 2402670 If there is a change in one of the following, refer to the instructions on the back of this receipt. ® Business name Ownership ® Physical location ® Business closed This is not a bill. Detach the bottom portion and display in a public location. I hope you have a successful year Sincerely, AAA Lee County Tax Collector ----`------------------------------------------------------------------------------- 2023-2024 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1086327 Receipt Number: 2402670 State License Number: Location: 17900 GREEN MEADOW RD FORT MYERS, FL 33913-8293 PREFERRED MATERIALS, INC. PREFERRED MATERIALS, INC. 17900 GREEN MEADOW RD FORT MYERS, FL 33913-8293 Account Expires: September 30, 2024 in the MANUFACTURING MISC THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY Payment Information: PAID W-00-02173340 03/20/2024 $ 50.00 COleT C014"ty Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: Preferred Materials (Name of Company Requesting Reference Information) Michael Drew (Name of Individuals Requesting Reference Information) Name: Robbin Levar (Evaluator completing reference questionnaire) Email: rievar@scgov.net FAX: Company: Sarasota County (Evaluator's Company completing reference) • 941-650-9815 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of I to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and I representing that you were very unsatisfied (and would never hire the firmlindivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Resurfacing FY 22 Inc 1 Project Budget: $6,929,534 Completion Date: 8123123 Project Number of Days: 165 Item Criteria Score must be completed 1 Ability to manage the project costs (minimize change orders to scope). !.0 2 Ability to maintain project schedule (complete on -time or early). �} 3 Quality of work. 4 Quality of consultative advice provided on the project. Q 5 Professionalism and ability to manage personnel. ld 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) / 0 7 Ability to verbally communicate and document information clearly and succinctly. /O 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. !0 10 Overall comfort level with hiring the company in the future (customer satisfaction). �b TOTAL SCORE OF ALL ITEMS Co per County Procurement Services Division Form 5 Reference Questionnaire r USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 24-8259 Asphalt Maintenance & Related Services Reference Questionnaire for: Preferred Materials. Inc. (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: M1Chde-1 �AW/115L— Company: a/// bF MA/Zca I SIAW'D (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Milling, Resurfacing, Pavement Project Description: Markings, Project Budget: _$1, 341, 983 Completion Date: September 2023 Project Number of Days: 110 Item Criteria Score must be completed). 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. %0 5 Professionalism and ability to manage personnel. /0 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) �o 7 Ability to verbally communicate and document information clearly and succinctly. to 8 Abiltity to manage risks and unexpected project circumstances. / 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. d 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Co ter County Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 24-8259 Asphalt Maintenance & Related Services Reference Questionnaire for: Preferred Materials. Inc. (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Namc:-�TAkV,� Vtl�_ j " Company: C : Y (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) � Emailc 1I�L1 — 8a : ���.�5 ,� /l��i� pvR�iL�y�AX: �-� _ _- --- Telephone: � - Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Milling, Resurfacing, Concrete Project Description: Repair, Pavement_ Markings, Completion Date: August 2025 Project Budget: $8,151,512.68 Project Number of Days: 570 Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). � U 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) } U 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. , 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). , Q TOTAL SCORE OF ALL ITEMS Co ler County Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Email: FAX: Company: (Evaluator's Company completing reference) T Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Project Budget: Completion Date: Project Number of Days: Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 CoMew County Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: Preferred Materials (Name of Company Requesting Reference Information) Michael Drew (Name of Individuals Requesting Reference Information) Name: Frank Laco (Evaluator completing reference questionnaire) Email: flaco@leegov.com FAX: Company: Lee County (Evaluator's Company completing reference) Telephone: 239-533-9300 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: FY2024C Lehigh Local Roads Project Budget: $1,512,826 Completion Date: 4/21 /24 Project Number of Days: 45 Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 ! Request for Taxpayer Give Form to the Form (Rev. October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov/F6rmW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Preferred Materials, Inc 2 Business nameldisregarded entity name, if different from above c) 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not individuals; see a o ❑ Individual/sole proprietor or ❑✓ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): single -member LLC Exempt payee code (if any) ao C 2 ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► `p r Note; Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting m LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax Otherwise, LLC code if an ( y) a purposes. a single -member that is disregarded from the owner should check the appropriate box for the tax classification of its owner. d ❑ Other (see instructions) ► (MPues to accounts maintained outside the U.S.) y 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) n 4636 Scarborough Drive 6 City, state, and ZIP code Lutz, FL 33559 7 List account number(s) here (optional) - Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Certification L $ocial security number or Employer Identification number 5 8ff - 1 4 0 1 1 4 16 1 8 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. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (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 arnot required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. .LL! Sign Signature of Here I U.S. person ► P_� Date ► 01 /13/2023 General Instructions • Form 1099-DIV (dividends, including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise e Form 1099-MISC (various types of income, prizes, awards, or gross noted. proceeds) Future developments. For the latest information about developments • Form 1099-B (stock or mutual fund sales and certain other related to Form W-9 and its instructions, such as legislation enacted transactions by brokers) after they were published, go to www.irs.gov/FormW9. • Form 1099-S (proceeds from real estate transactions) Purpose of Form • Form 1099-K (merchant card and third party network transactions) An individual or entity (Form W-9 requester) who is required to file an • Form 1098 (home mortgage interest), 1098-E (student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T (tuition) identification number (TIN) which may be your social security number • Form 1099-C (canceled debt) (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number .Form 1099-A (acquisition or abandonment of secured property) (EIN), to report on an information return the amount paid to you, or other Use Form W-9 only if you are a U.S. person (including a resident amount reportable on an information return. Examples of information alien), to provide your correct TIN. returns include, but are not limited to, the following. If you do not return Form W-9 to the requester with a TIN, you might • Form 1099-INT (interest earned or paid) be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-V (Rev. 10-2018) la FLORIDA TRANSPORTATION BUILDERS' ASSOCIATION, Inc. AWY Addition to Florida's Procurement Code — Section 287.05705, Florida Statutes OFFICERS HENRY MAYFIELD This concerns a new provision of Florida's Procurement Code that applies to competitive Chairman KEITH WAUGH procurements b local governments. Section 287.05705 was created during the 2021 legislative p Y g g g Chairman -Elect session, and provides: SCOTT PITTMAN Secretary -Treasurer A.J. DE MOYA 287.05705 Procurement of road, bridge and, other specified public Immediate Past Chairman construction services. ANANTH PRAsAD President (1) With respect to competitive solicitations for the procurement of contractual services that are limited to the classes of work for which the DIRECTORS Department of Transportation issues certificates of qualification pursuant to s. and which services do not involve the construction, remodeling, repair, JoE337.14, BiL BACHANDES H III BILL BACHSCHMIDT or improvement of an building, a governmental entityprocuring such services p Y g p g JoE BEAIRD may not prohibit a response from a vendor possessing a valid certificate of RUSTY BIRcHALI, JACK CALANDROS qualification under s. 337.14 or license under chapter 489 corresponding to the q p p g Tom CRAFT contractual services being procured. Jtm DAvIs, JR. BOB FLowEas SCOTT FOWLER. (2) This section applies to all competitive solicitations issued by DANIEL HALLEY a governmental entity on or after October 1, 2021. KEVIN HICKS JOHN HOOPER Under this statute, a governmental entity (including local governments) may not prohibit a bid, RICK KONTOS DoNALD LONG response, or reply from a FDOT prequalified contractor or Florida licensed contractor for projects JOHN MEAGHER limited to road, bridge, or other public construction that do not involve building construction. Stated BOBBY NAIK MATT PERSING differently, contractors holding a FDOT certificate of qualification or a Florida contractor license in DYELAN PHILLIPS the classes of work subject of the procurement are prequalified to bid. Local governments may not ENRIQUE TOMEII CARRIE WEEKLEY KAMINsKI impose their own prequalification or licensure requirements on such contractors. JARRED WILLIFORD Section 287.05705 supplements a similar prohibition in an existing statute. Section 255.20(1)(a), DISTRICT COMMITTEE Florida Statutes, provides that a contractor that is FDOT-qualified in a given work class is CHAIRMEN presumptively qualified to perform the same type of work for local governments and restricts District No. 1 application of local government prequalification requirements to only those bidders that are not Tom BAuERs District No. 2 FDOT-qualified: Todd Vencil District No. 3 A prequalified contractor considered eligible by the Department of CHUCK TIHBETS District Na. 4 Transportation to bid to perform the e of work described under the contract P p � PAUL STELLJES is presumed to be qualified to perform the work described.... District No. 5 PHic INo. 6 District No. 6 For contractors who are not prequalified b the Department of Transportation, p q Y p p DAVID ERKELENS the governmental entity shall publish prequalification criteria and procedures District LAR 7 BOB CLARK prior to advertisement or notice of solicitation.... MEMBER AT -LARGE Tommy BALL Both prequalification under Chapter 337 and licensure under Chapter 489 are robust regulatory MEMBER AT -LARGE MIKE SHEA processes. g As contractors holding a FDOT certificate or state license have been vetted, other government -imposed qualification hurdles to bidding (such as local licenses or certifications) for 1007 E. DeSoto Park Drive road and bridge projects are disallowed. TALLAHASSEE, FL 32301 We commend the statutes to your procurement, contract administration, and legal staffs. TELEPHONE (850) 942-1404 Ananth Prasad, President FAX Florida Transportation Builder's Association, Inc. (850) 942-5632 08/27/2021 WEBSITE www.ftba.com F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED HB 735 1 2021 Legislature 2 An act relating to preemption of local occupational 3 licensing; creating s. 163.211, F.S.; providing 4 definitions; preempting licensing of occupations to 5 the state; providing exceptions; prohibiting local 6 governments from imposing additional licensing 7 requirements or modifying licensing unless specified 8 conditions are met; specifying that certain local 9 licensing that does not meet specified criteria does 10 not apply and may not be enforced; amending s. 11 489.117, F.S.; specifying that certain specialty 12 contractors are not required to register with the 13 Construction Industry Licensing Board; prohibiting 14 local governments from requiring certain specialty 15 contractors to obtain a license under specified 16 circumstances; specifying job scopes for which a local 17 government may not require a license; amending ss. 18 489.1455 and 489.5335, F.S.; authorizing counties and 19 municipalities to issue certain journeyman licenses; 20 providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 163.211, Florida Statutes, is created 25 to read: Page 1 of 6 CODING: Words see are deletions; words underlined are additions. hb0735-01-er F L 0 R I D A H O U S E 0 F R E P R E S E N T A T I V E S ENROLLED HB 735 2021 Legislature 26 163.211 Licensing of occupations preempted to state.- 27 (1) DEFINITIONS. -As used in this section: 28 (a) "Licensing" means any training, education, test, 29 certification, registration, or license that is required for a 30 person to perform an occupation in addition to any associated 31 fee. 32 (b) "Local government" means a county, municipality, 33 special district, or political subdivision of the state. 34 (c) "Occupation" means a paid job, profession, work, line 35 of work, trade, employment, position, post, career, field, 36 vocation, or craft. 37 (2) PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE. -The 38 licensing of occupations is expressly preempted to the state and 39 this section supersedes any local government licensing 40 requirement of occupations with the exception of the following: 41 (a) Any local government that imposed licenses on 42 occupations before January 1, 2021. However, any such local 43 government licensing of occupations expires on July 1, 2023. 44 (b) Any local government licensing of occupations 45 authorized by general law. 46 (3) EXISTING LICENSING LIMIT. -A local government that 47 licenses occupations and retains such licensing as set forth in 48 paragraph (2)(a) may not impose additional licensing 49 requirements on that occupation or modify such licensing. 50 (4) LOCAL LICENSING NOT AUTHORIZED. —Local licensing of an Page 2 of 6 CODING: Words see are deletions; words underlined are additions. hb0735-01-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED HB 735 2021 Legislature 51 occupation that is not authorized under this section or 52 otherwise authorized by general law does not apply and may not 53 be enforced. 54 Section 2. Paragraph (a) of subsection (4) of section 55 489.117, Florida Statutes, is amended to read: 56 489.117 Registration; specialty contractors.- 57 (4) (a) A person helding a le^llieense whose job scope 58 does not substantially correspond to either the job scope of one 59 of the contractor categories defined in s. 489.105(3)(a)-(o), or 60 the job scope of one of the certified specialty contractor 61 categories established by board rule, is not required to 62 register with the board tepeEferm eentEaeting aetiv4:4�4:es }h;„ 63 the seelae ef sdeh sleeelalty 11eense. A local government, as 64 defined in s. 163.211, may not require a person to obtain a 65 license for a job scope which does not substantially correspond 66 to the job scope of one of the contractor categories defined in 67 s. 489.105 (3) (a) - (o) and (q) or authorized in s. 489.1455 (1) . 68 For purposes of this section, job scopes for which a local 69 government may not require a license include, but are not 70 limited to, painting; flooring; cabinetry; interior remodeling; 71 driveway or tennis court installation; handyman services; 72 decorative stone, tile, marble, granite, or terrazzo 73 installation; plastering; stuccoing; caulking; and canvas awning 74 and ornamental iron installation. 75 Section 3. Section 489.1455, Florida Statutes, is amended Page 3 of 6 CODING: Words see are deletions; words underlined are additions. hb0735-01-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED HB 735 2021 Legislature 76 to read: 77 489.1455 Journeyman; reciprocity; standards.- 78 (1) Counties and municipalities are authorized to issue 79 journeyman licenses in the plumbing, pipe fitting, mechanical, 80 or HVAC trades. 81 (2)+1} An individual who holds a valid, active journeyman 82 license in the plumbing, pipe fitting plidfftbing,!Pipefitting, 83 mechanical, or HVAC trades issued by any county or municipality 84 in this state may work as a journeyman in the trade in which he 85 or she is licensed in any county or municipality of this state 86 without taking an additional examination or paying an additional 87 license fee, if he or she: 88 (a) Has scored at least 70 percent, or after October 1, 89 1997, at least 75 percent, on a proctored journeyman Block and 90 Associates examination or other proctored examination approved 91 by the board for the trade in which he or she is licensed; 92 (b) Has completed an apprenticeship program registered 93 with a registration agency defined in 29 C.F.R. s. 29.2 and 94 demonstrates 4 years' verifiable practical experience in the 95 trade for which he or she is licensed, or demonstrates 6 years' 96 verifiable practical experience in the trade for which he or she 97 is licensed; 98 (c) Has satisfactorily completed specialized and advanced 99 module coursework approved by the Florida Building Commission, 100 as part of the building code training program established in s. Page 4 of 6 CODING: Words see are deletions; words underlined are additions. hb0735-01-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED HB 735 2021 Legislature 101 553.841, specific to the discipline or, pursuant to 102 authorization by the certifying authority, provides proof of 103 completion of such coursework within 6 months after such 104 certification; and 105 (d) Has not had a license suspended or revoked within the 106 last 5 years. 107 (3)+2+ A local government may charge a registration fee 108 for reciprocity, not to exceed $25. 109 Section 4. Section 489.5335, Florida Statutes, is amended 110 to read: 111 489.5335 Journeyman; reciprocity; standards.- 112 (1) Counties and municipalities are authorized to issue 113 journeyman licenses in the electrical and alarm system trades. 114 (2)+l+ An individual who holds a valid, active journeyman 115 license in the electrical or alarm system trade issued by any 116 county or municipality in this state may work as a journeyman in 117 the trade in which he or she is licensed in any other county or 118 municipality of this state without taking an additional 119 examination or paying an additional license fee, if he or she: 120 (a) Has scored at least 70 percent, or after October 1, 121 1997, at least 75 percent, on a proctored journeyman Block and 122 Associates examination or other proctored examination approved 123 by the board for the eleetici , trade in which he or she is 124 licensed; 125 (b) Has completed an apprenticeship program registered Page 5 of 6 CODING: Words see are deletions; words underlined are additions. hb0735-01-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED HB 735 2021 Legislature 126 with a registration agency defined in 29 C.F.R. s. 29.2 and 127 demonstrates 4 years' verifiable practical experience in the 128 eleetiAeal trade for which he or she is licensed, or 129 demonstrates 6 years' verifiable practical experience in the 130 eleetiAeal trade for which he or she is licensed; 131 (c) Has satisfactorily completed specialized and advanced 132 module coursework approved by the Florida Building Commission, 133 as part of the building code training program established in s. 134 553.841, specific to the discipline,— or, pursuant to 135 authorization by the certifying authority, provides proof of 136 completion of such curriculum or coursework within 6 months 137 after such certification; and 138 (d) Has not had a license suspended or revoked within the 139 last 5 years. 140 (3)+2+ A local government may charge a registration fee 141 for reciprocity, not to exceed $25. 142 Section 5. This act shall take effect July 1, 2021. Page 6 of 6 CODING: Words see are deletions; words underlined are additions. hb0735-01-er Co�r Count procurement Services [division Addendum #1 Email: Sarah.Hamilton colliercoun fl. ov Telephone: (239) 252-8987 Date: May 28, 2024 From: Sarah Hamilton, Assistant Division Director, Procurement Services To: Interested Bidders Subject: Addendum #1: 24-8259 "Asphalt Maintenance and Related Services" The following clarifications are issued as an addendum: Bid Schedule Category, Speed Tables, Line -Item No. 68, Traffic Calming Device: The below plans have been uploaded to OpenGov to review the speed table installation and Maintenance of Traffic (MOT) details. ■ Details _MOT Speed Table (Traffic Calming Device) ■ Details_Speed Table (Traffic Calming Device) The following additional documents have been uploaded to OpenGov for reference only: ■ Bid Tabulation for existing Agreement #18-7488 -Asphalt Maintenance & Related Roadway Services If you require additional information, please post a question on our OpenGov (https://procurement.opengov.com/) bidding platform under the solicitation for this project. Please sign below and return a copy- of this Addendum with your submittal for the above referenced solicitation. (Signature) Preferred Materials, Inc. (Naive of Firm) 6/12/2024 D,,�, e Co ler County Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted electronically through BidSync. Vendor should checkoff each of the following items. Failure to provide the applicable documents may deem you non-responsive/non-responsible. T1 General Bid Instructions has been acknowledged and accepted. x❑ Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. x❑ Form 1: Vendor Declaration Statement x❑ Form 2: Conflict of Interest Certification x❑ Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.myflorida.com/sunbiz/ should be attached with your submittal. x❑ Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal. II E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. II Form 4: Certification for Claiming Status as a Local Business, if applicable, has been executed and returned. Collier or Lee County Business Tax Receipt should be attached with your submittal to be considered. II Form 5: Reference Questionnaire form must be utilized for each requested reference and included with your submittal, if applicable to the solicitation. Form 6: Grant Provisions and Assurances package in its entirety, , if applicable, are executed and should be included with your submittal. x❑ Vendor W-9 Form. 0 Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. 0 The Bid Schedule has been completed and attached with your submittal, applicable to bids. x❑ Copies of all requested licenses and/or certifications to complete the requirements of the project. x❑ All addenda have been signed and attached. 0 County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. ® Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. Additional Contact Information Send payments to: Preferred Materials, Inc. (required if different from Company name used as payee above) Contact name: Rick Jarvis Title: Construction Controller Address: 5701 E. Hillsborough Ave. Suite 1122 City, State, ZIP Tampa, Florida 33610 Telephone: 813-612-5740 Email: rick.jarvis@preferredmaterials.com Office servicing Collier same as above County to place orders (required if different from above) Contact name: Jerry Fletcher Title: Area Manager Address: 18080 Green Meadow Road City, State, ZIP Fort Myers, FL 33913 Telephone: 239-318-5007 Email: jerry.fletcher@prefet-redmaterials.com DocuSign Envelope ID: 82E8FDC9-566B-4F83-97C2-970199902977 ACTION BY WRITTEN CONSENT IN LIEU OF AN ANNUAL MEETING OF THE BOARD OF DIRECTORS OF PREFERRED MATERIALS, INC. The undersigned, being all of the members of the Board of Directors of Preferred Materials, Inc., a Georgia corporation (the "Corporation"), do hereby, pursuant to applicable Georgia statute, give this written consent (a) to the dispensation of an annual meeting of the Board of Directors of the Corporation and (b) to the taking of the following actions, such actions to have the same force and effect had a meeting been duly called and held: I. ELECTION OF OFFICERS RESOLVED, that effective May 5, 2022, all previous elections of officers are terminated, and the following persons be, and hereby are, elected to serve as officers of the Corporation (each individually, an "Officer" and collectively, the "Officers' in the capacities set forth opposite their respective names until such time as their successors shall be elected and qualified: David Church President/Chief Executive Officer John Rothering Secretary & Treasurer Brian Morton Vice President & Assistant Secretary Terrance Turner Vice President & Assistant Secretary Gary Yelvington Vice President & Assistant Secretary John R. Hooper Vice President & Assistant Secretary John W. Taylor Vice President & Assistant Secretary Carl Edward Ladd Vice President & Assistant Secretary Kenneth C. Laing Vice President & Assistant Secretary Lonnie Schaub Vice President & Assistant Secretary Lothar Alomia Vice President & Assistant Secretary Mark S. Marine Vice President & Assistant Secretary Nicholas B. Wear Vice President & Assistant Secretary Robert Spillman Vice President & Assistant Secretary Travis Raitt Vice President & Assistant Secretary Miguel Alvarez Vice President & Assistant Secretary David M. Toolan Admin. Vice President and Assistant Secretary FURTHER RESOLVED, that the Officers be, and each of them hereby is, authorized to execute and deliver agreements, contracts, documents, certificates, and other instruments, under the seal of the Corporation if required, for the purpose of conducting the Corporation's business, including without limitation, selling products and securing construction work, and to take such other action, as they may deem necessary, advisable, convenient, or appropriate to carry out and fully perform duties incident to the office or offices so appointed, and such other duties as may be prescribed by the Board of Directors from time to time; DocuSign Envelope ID: 82E8FDC9-566B-4F83-97C2-970199902977 FURTHER RESOLVED, that the following persons are hereby designated Officers solely for the purpose of attesting signatures of other Officers signing on behalf of the Corporation, and for executing and attesting various corporate documents, tax returns, affidavits, and other instruments as may be necessary from time to time: Bethany Casimir Assistant Secretary & Assistant Treasurer Carmen Sutton Assistant Secretary & Assistant Treasurer Deborah Lynn Idleman Assistant Secretary & Assistant Treasurer Carmen Hess Assistant Secretary & Assistant Treasurer Tracy Kinney Assistant Secretary & Assistant Treasurer Vashti Moore Assistant Secretary & Assistant Treasurer Ashley Losier Assistant Secretary Cheryl Kitzis Assistant Secretary David C. Lewis Assistant Secretary Tim George Assistant Secretary Marizabed R. Perez de Longstreet Assistant Secretary Michael F. Deaton Assistant Secretary Rick Jarvis Assistant Secretary Sylvia Rocek Assistant Secretary Tamara A. Albright Assistant Secretary William P. Jones Assistant Secretary Zachary Puralewski Assistant Secretary II. APPOINTMENT OF AUTHORIZED EMPLOYEES RESOLVED, that effective May 5, 2022, all previous appointments of authorized employees are terminated, and that the following persons be and each of them hereby is appointed to serve as an authorized employee of the Corporation, which persons shall be authorized to execute and deliver such agreements, contracts, documents, certificates and other instruments, under the seal of the Corporation if required, for the purpose of conducting the Corporation's business including, without limitation, selling products and securing construction work: FURTHER RESOLVED, that the President of the Corporation may, from time to time, without further action by the Board of Directors, appoint other persons to serve as authorized employees, or remove any individuals from this capacity, and to direct those appointed to take such action, as he may deem necessary, advisable, convenient or appropriate to carry out and fully perform the duties incident to the office of President. Bobbie Reilly Kevin Price Carl J. Thompson Kevin Williams Craig Ketron Logan Miller David Cerniglia Matthew Saenz DocuSign Envelope ID: 82E8FDC9-566B-4F83-97C2-970199902977 Michael Vickrey Nicholas Brown Patrick Read Roberto Perera, Jr. Jeremy Minnillo Tara Sutton Tony DiPietro W. Charles Molloy Michael DiBurro G. Michael Johnson Jacob Unger James Bass Jennifer K. Edwards Jerry Fletcher Joe Liakos Joseph F. Donaruma Kenneth Dalton III. AUTHORIZATION OF TRADE NAMES RESOLVED, that the activities and operations of the Corporation may be carried on in any of the following manners or styles as may from time -to -time be deemed necessary or appropriate: Conrad Yelvington Distributors Prestige Gunite FURTHER RESOLVED, that the President of the Corporation may, from time to time, without further action by the Board of Directors, authorize the use of additional trade names, and to deem unauthorized any trade name previously authorized, as he may deem necessary, advisable, convenient or appropriate. IV. MISCELLANEOUS RESOLVED, that all actions previously taken by any Officer of the Corporation appointed hereunder in his/her capacity as such Officer be, and each of them hereby is, adopted, ratified, confirmed and approved in all respects as the authorized acts and deeds of the Corporation; FURTHER RESOLVED, that each undersigned agrees that electronic signatures, whether digital or encrypted, of the Board of Directors are intended to authenticate this consent and to have the same force and effect as manual signatures. As used in the previous sentence, the term "electronic signatures" means any electronic sound, symbol or process attached to or logically associated with this consent and executed and adopted by a member of the Board of Directors with the intent to sign such consent, including, but not limited to, e-mail electronic signatures executed through DocuSign Services; and DocuSign Envelope ID: 82E8FDC9-566B-4F83-97C2-970199902977 FURTHER RESOLVED, that this Consent, following execution by all of the members of the Board of Directors, be filed in appropriate order in the minute book of the Corporation. Erv) ocuSignee y�:: DocuSigned by:��� l/`i`niN � D �IAN1� vua 9q3 A9 D6164 3. 6D 0 9D4Q4EA... Davi urc John eating / A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 8/14/2023 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 Liberty Mutual Insurance Co. National Insurance East 500 N 3rd St, Suite 300 Wausau, WI 54403 CONTACT NAME: Valerie Reece PHONE FAX A/C No Ext : 513-867-3822 A/C No), E-MAIL ADDRESS: Oldcastle.CertS Libert Mutual.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Liberty Mutual Fire Insurance Company 23035 www.LibertyMutual.com INSURED Preferred Materials, Inc. (216-TAM) 5701 E. Hillsborough Avenue, Suite 1122 Tampa FL 33610 INSURERB: Liberty Insurance Corporation 42404 INSURERC: INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 75733929 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 ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A ✓ COMMERCIAL GENERAL LIABILITY TB2-C81-004095-113 9/1/2023 9/1/2024 EACH OCCURRENCE $2,000,000 CLAIMS -MADE ✓ OCCUR Primary/Non-Contributory XCU Coverage Included DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 ✓ MED EXP (Any one person) $ 50,000 ✓ Separation of Insured PERSONAL &ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY Z JE� LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY AS2-C81-004095-123 9/1/2023 9/1/2024 Ea a.d.nlSINGLE LIMIT $2,000,000 ✓ BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY AS2-C81-054502-523 Physical Damage only:PROPERTY y gPer Comprehensive Ded $10,000 9/1/2023 9/1/2024 BODILY INJURY (Per accident) $ DAMAGE accident) ccident $ $ Collision Ded $10,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N N/A WA7-C8D-004095-023 All except OH, ND, WA, WY 9/1/2023 9/1/2024 STATUTE ER E.L. EACH ACCIDENT $ 1 ,000,000 B (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below WC7-C81-004095-013 WI, MN 9/1/2023 9/1/2024 E.L. DISEASE - EA EMPLOYEE $ 1 000 000 E.L. DISEASE - POLICY LIMIT $ 1 ,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Evidence of Coverage. CERTIFICATE HOLDER CANCELLATION Evidence of Coverage. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Valerie Reece ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 75733929 1 8-004095 1 09.23-09.24 Standard 10-2 Excess $13M AUTO I Erin Celing 1 8/14/2023 6:19:43 PM (CST) I Page 1 of 1 A� " CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE DATE 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 MARSH USA, LLC. TWO ALLIANCE CENTER 3560 LENOX ROAD, SUITE 2400 ATLANTA, GA 30326 CONTACT NAME: PHC NNo Ext : A No): E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: LibertySurplus Insurance Co 10725 CN103150008--Prof-23-24 INSURED (TAM-216) PREFERRED MATERIALS, INC. INSURER B : INSURER C : 5701 E. HILLSBOROUGH AVE. SUITE 1122 TAMPA, FL 33610 INSURER D INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: ATL-004238470-24 REVISION NUMBER: 10 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 ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDDNYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence)$ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ AGGREGATE LIMIT APPLIES PER: POLICY PRO ❑ LOC JECT GENERAL AGGREGATE $ GEN'L PRODUCTS-COMP/OPAGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N STATUTE ER E.L. EACH ACCIDENT $ ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? FN N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Professional Liability SAE5N700147015 09/01/2023 09101/2024 Each Occurrence 5,000,000 Deductible - $750,000 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) EVIDENCE OF COVERAGE ONLY CERTIFICATE HOLDER CANCELLATION PREFERRED MATERIALS, INC. 5701 E. HILLSBOROUGH AVE., SUITE 1122 TAMPA, FL 33610 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988.2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD FDOT Florida Department of Transportation RON DESANTIS 605 Suwannee Street JARED W. PERDUE, P.E. GOVERNOR Tallahassee, FL 32399-0450 SECRETARY PREFERRED MATERIALS INC. 11482 COLUMBIA PARK DR W JACKSONVILLE, FLORIDA 32258 April 16,2024 RE: CERTIFICATE OF QUALIFICATION The Department of Transportation has qualified your company for the type of work indicated below. FDOT APPROVED WORK CLASSES: DEBRIS REMOVAL (EMERGENCY), DRAINAGE, ELECTRICAL WORK, FENCING, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING, GUARDRAIL, HOT PLANT -MIXED BITUM. COURSES, INTERMEDIATE BRIDGES, MINOR BRIDGES, PORTLAND CEMENT CONCRETE ROADWAY PAVING, ROADWAY SIGNING, SIDEWALK, MILLING, REHABILITATION OF CONCRETE PAVEMENT, CONCRETE SLAB REPLACEMENT, CURB AND GUTTER, DRIVEWAYS, REINFORECED EARTH WALLS, SLIP FORM BARRIER WALL, TRAFFIC SEPARATORS, ATTENUATORS, UNDERGROUND UTILITIES (WATER & SEWER), FORCE MAIN, LIFT STATION, LEACHATE AND GAS PIPING. 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 Maximum Capacity Rating will not take effect until after the expiration of the current certificate of prequalification (if applicable). In accordance with Section 337.14(1), 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 Prequalification Application System via the following link: HTTPS://fdotwpl.dot.state.fl.us/ContractorPreQualification 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 14-22.0041(3), Florida Administrative Code (F.A.C.), by accessing the most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that the company has performed such work. Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov Preferred Materials, Inc. 4/16/2024 Page Two All prequalified contractors are required by Section 14-22.006(3), F.A.C., 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, �/��/� ��� `Y`Y James E. Taylor II, Prequalification Supervisor Contracts Administration Office JTII DIVISION OF CORPORATIONS qf ws offirW .iwte of film kiv 4veb-%ire Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Profit Corporation PREFERRED MATERIALS, INC. Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 4636 Scarborough Drive Lutz, FL 33559 Changed: 04/17/2019 Mailing Address 4636 Scarborough Drive Lutz, FL 33559 P25884 58-1401468 09/01 /1989 GA ACTIVE NAME CHANGE AMENDMENT 02/03/2014 NONE Changed: 04/17/2019 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 Name Changed: 02/01/2013 Address Changed: 02/01/2013 Officer/Director Detail Name & Address Title President, CEO, Director Church, David M. 13101 Telecom Drive Suite 101 Tampa, FL 33637 Title Secretary Rothering, John 900 Ashwood Pkwy Suite 600 Atlanta, GA 30338 Title Admin Vice President & Assistant Secretary Toolan, David M. 900 Ashwood Parkway Suite 600 Atlanta, GA 30338 Title Director Keating, John J. 14 Monument Square Suite 302 Leominster, MA 01453 Title VP, Asst. Secretary Wear, Nicholas B. 4636 Scarborough Drive Lutz, FL 33559 Title VP, Asst. Secretary Yelvington, Gary 4636 Scarborough Drive Lutz, FL 33559 Title VP, Asst. Secretary Hooper, John R. 4636 Scarborough Drive Lutz, FL 33559 Title VP, Asst. Secretary Taylor, John W. 4636 Scarborough Drive Lutz, FL 33559 Title VP, Asst. Secretary Laing, Kenneth C. 4636 Scarborough Drive Lutz, FL 33559 Title VP, Asst. Secretary Marine, Mark S. 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary Perez de Longstreet, Marizabed R. 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary Albright, Tamara A. 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary Jarvis, Rick E. 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary Kitzis, Cheryl J. 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary, Asst. Treasurer Casimir, Bethany 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary, Asst. Treasurer Kinney, Tracy 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary, Asst. Treasurer Sutton, Carmen 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary Rocek, Sylvia 4636 Scarborough Drive Lutz, FL 33559 Title VP, Asst. Secretary Morton, Brian 4636 Scarborough Drive Lutz, FL 33559 Title VP, Asst. Secretary Spillman, Robert 4636 Scarborough Drive Lutz, FL 33559 Title VP, Asst. Secretary Alomia, Lothar 4636 Scarborough Drive Lutz, FL 33559 Title VP, Assistant Secretary Alvarez, Miguel 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary Losier, Ashley 4636 Scarborough Drive Lutz, FL 33559 Title VP, Asst. Secretary Ladd, Carl Edward 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary, Asst. Treasurer Hess, Carmen 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary Johnson, Davona 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary, Asst. Treasurer Idleman, Deborah Lynn 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary Edwards, Jennifer K. 4636 Scarborough Drive Lutz, FL 33559 Title VP, Asst. Secretary Price, Kevin 4636 Scarborough Drive Lutz, FL 33559 Title CFO, Treasurer Dinkins, Robert 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary, Asst. Treasurer Sutton, Tara 4636 Scarborough Drive Lutz, FL 33559 Title VP, Asst. Secretary Turner, Terrance 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary George, Tim 900 Ashwood Parkway Suite 600 Atlanta, GA 30338 Title Asst. Secretary Puralewski, Zachary 4636 Scarborough Drive Lutz, FL 33559 Annual Reports Report Year Filed Date 2022 04/24/2022 2023 04/19/2023 2024 03/27/2024 Document Images 03/27/2024 --ANNUAL REPORT View image in PDF format 04/19/2023 --ANNUAL REPORT View image in PDF format 04/24/2022 --ANNUAL REPORT View image in PDF format 04/27/2021 --ANNUAL REPORT View image in PDF format 05/01/2020 --ANNUAL REPORT View image in PDF format 04/17/2019 --ANNUAL REPORT View image in PDF format 10/23/2018 --AMENDED ANNUAL REPORT View image in PDF format 09/06/2018 --AMENDED ANNUAL REPORT View image in PDF format 05/07/2018 --AMENDED ANNUAL REPORT View image in PDF format 04/18/2018 --ANNUAL REPORT View image in PDF format 07/31/2017 --AMENDED ANNUAL REPORT View image in PDF format 04/18/2017 --ANNUAL REPORT View image in PDF format 01/29/2016 --ANNUAL REPORT View image in PDF format 04/23/2015 --ANNUAL REPORT View image in PDF format 10/28/2014 --AMENDED ANNUAL REPORT View image in PDF format 04/22/2014 --ANNUAL REPORT View image in PDF format 02/03/2014 -- Name Change View image in PDF format 12/05/2013 -- Name Change View image in PDF format 11/19/2013 -- Name Change View image in PDF format 04/23/2013 --ANNUAL REPORT View image in PDF format 03/07/2012 --ANNUAL REPORT View image in PDF format 02/11/2012 -- ANNUAL REPORT View image in PDF format 01/23/2012 --ANNUAL REPORT View image in PDF format 06/21/2011 --ANNUAL REPORT View image in PDF format 06/07/2011 --ANNUAL REPORT View image in PDF format 04/11/2011 --ANNUAL REPORT View image in PDF format 01/06/2011 -- Name Change View image in PDF format 12/21/2010 -- Merger View image in PDF format 02/18/2010 --ANNUAL REPORT View image in PDF format 05/29/2009 --ANNUAL REPORT View image in PDF format 03/23/2009 --ANNUAL REPORT View image in PDF format 09/03/2008 --ANNUAL REPORT View image in PDF format 04/18/2008 --ANNUAL REPORT View image in PDF format 03/26/2007 --ANNUAL REPORT View image in PDF format 09/14/2006 -- Reg. Agent Change View image in PDF format 09/14/2006 -- Reg. Agent Change View image in PDF format 01/03/2006 --ANNUAL REPORT 11/30/2005 -- Reg. Agent Change 05/05/2005 -- Reg. Agent Change 01/10/2005 --ANNUAL REPORT 01/21/2004 --ANNUAL REPORT 09/30/2003 --ANNUAL REPORT 08/11/2003 -- ANNUAL REPORT 04/03/2003 -- Name Change 03/05/2003 --ANNUAL REPORT 03/05/2002 --ANNUAL REPORT 03/01/2001 --ANNUAL REPORT 02/26/2000 --ANNUAL REPORT 03/03/1999 --ANNUAL REPORT 02/16/1998 --ANNUAL REPORT 02/03/1997 --ANNUAL REPORT 02/09/1996 --ANNUAL REPORT 04/18/1995 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations CHUBB' June 6, 2024 Collier County Board of County Commissioners 3299 Tamiami Trail East Naples, FL 34112 Re: Preferred Materials, Inc. - Contractor Pre -Qualification Letter To Whom It May Concern: FEDERAL INSURANCE COMPANY, a corporation under the laws of the State of Indiana with an office and place of business located at 202B Halls Mill Road, Whitehouse Station, NJ 08889, represents PREFERRED MATERIALS, INC. for its surety bonding needs. As of the date of this writing, PREFERRED MATERIALS, INC. remains in good standing with FEDERAL INSURANCE COMPANY, which is affording continued surety credit for bonded obligations with single project sizes up to $100,000,000 within an aggregate bonded surety program of $1,000,000,000 for any and all types of highway projects. The letter is not to be construed as an agreement to provide surety bonds for any particular project, but is offered as an indication of FEDERAL INSURANCE COMPANY'S past experience and confidence in the firm. We reserve the right to review terms and conditions of any proposals, contract documents, bond forms, financial arrangements and other underwriting considerations at the time the contract is awarded. If you have any questions or need any additional information, please do not hesitate to contact me. Sincerely, Carolyn E. Wheeler Attorney -In -Fact for Federal Insurance Company Rated A++ by A.M. Best Financial Size Category XV CHUBB° Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Carolyn E. Wheeler each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 10& day of March, 2020. �C�-ILr r-1r�. N ,cam vi,� 4,L_� Davin M-Chltxos. A,s,v l: ll S, �: rulary STATE OF NEW JERSEY County of Hunterdon ss. Stephen ]I. Hnney.1 i,c Prc ideni *(O(QTW (0 On this 10th day of March, 2020 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, tome known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal "4 F N=.fir k J.BLICO YPURINE NELAAR NOTARY PUBLIC OF NEW JERSEY JE �lfBt.16 y�'JERg`� No. 2316685 Cotrimisslon Expires Duty 16, 2024 Notary Publlr. CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney -in -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney - in -fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this June 6, 2024 Dawn X1.Ch1cxas Assisian[ IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19) SURETY BOND CORPORATE SEAL NOTICE AND ADDENDUM In an effort to facilitate the use of our respective corporate seals during the COVID-19 pandemic, FEDERAL INSURANCE COMPANY ("FEDERAL") has authorized its respective Attorneys -in -Fact to affix FEDERAL'S corporate seal to any surety bond executed on behalf of FEDERAL by any such Attorney -in -Fact by attaching this Notice and Addendum to said bond. To the extent this Notice and Addendum is attached to a surety bond that is executed on behalf of FEDERAL by its Attorney -in -Fact, FEDERAL hereby agrees that the corporate seal below for FEDERAL shall be deemed affixed to said bond to the same extent as if its raised corporate seal was physically affixed to the face of the bond. Dated this 30th day of March, 2020. FEDERAL INSURANCE COMPANY By: Stephen M. Haney, Vice President ITB NO.24-8259 ASPHALT PAVING AND RELATED SERVICES BID SCHEDULE MILLING: Unit price includes traffic control plan, supervision, labor, materials, equipment, mobilization/demobilization, MOT/TTC, sweeping, and disposal. Item Description Qty UOM Unit Price 1 MILLING PROJECTS 0 - 2500 SY $ 15.00 2 MILLING PROJECTS 2501-10,000 SY $ 6.00 3 MILLING PROJECTS 10,001 - 25,000 SY $ 6.00 4 MILLING PROJECTS 251001 & ABOVE SY $ 6.00 5 MILLING PORTLAND CEMENT CONCRETE 0 - 50 SY $ 20.00 GRINDING: Unit price includes traffic control plan, supervision, labor, materials, equipment, mobilization/demobilization, MOT/TTC, sweeping, and disposal. Item Description Qty UOM Unit Price 6 CONCRETE GRINDING 0 - 100 SF $ 100.00 7 CONCRETE GRINDING 101 - 500 SF $ 65.00 8 CONCRETE GRINDING 501 & ABOVE SF $ 33.00 CLASS I ASPHALT (RESURFACING PROJECTS): Unit price information refer to the solicitation document, I. Work Specifications, Section 3. , subsection 3.1. SMALL PROJECTS AND SPOT REPAIRS Item Description Qty UOM Unit Price 9 SP 9.5 / HOT MIX INSTALLED 1 - 199 TN $ 198.00 10 SP 12.5 / HOT MIX INSTALLED 1 - 199 TN $ 196.00 11 FC 5 / HOT MIX INSTALLED 1 - 199 TN $ 217.00 12 FC 9.5 / HOT MIX INSTALLED 1 - 199 TN $ 246.00 13 FC 12.5 / HOT MIX INSTALLED 1 - 199 TN $ 239.00 MEDIUM PROJECTS Item Description Qty UOM Unit Price 14 SP 9.5 / HOT MIX INSTALLED 200 - 399 TN $ 121.00 15 SP 12.5 / HOT MIX INSTALLED 200 - 399 TN $ 120.00 16 FC 5 / HOT MIX INSTALLED 200 - 399 TN $ 190.00 17 FC 9.5 / HOT MIX INSTALLED 200 - 399 TN $ 170.00 18 FC 12.5 / HOT MIX INSTALLED 200 - 399 TN $ 163.00 LARGE PROJECTS WITHOUT COMPACTION MONITORING Item Description Qty UOM Unit Price 19 SP 9.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 118.00 20 SP 12.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 116.00 21 FC 5 / HOT MIX INSTALLED 400 & ABOVE TN $ 186.00 Page 1 of 5 Item Description Qty UOM Unit Price 22 FC 9.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 167.00 23 FC 12.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 160.00 LARGE PROJECTS WITH COMPACTION MONITORING Item Description Qty UOM Unit Price 24 SP 9.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 120.00 25 SP 12.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 119.00 26 FC 5 / HOT MIX INSTALLED 400 & ABOVE TN $ 188.00 27 FC 9.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 169.00 28 FC 12.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 161.00 CLASS II ASPHALT (PAVING OVER PREPARED SURFACES): Unit price information refer to the solicitation document, I. Work Specifications, Section 3, subsection 3.2. SMALL PROJECTS AND SPOT REPAIRS Item Description Qty UOM Unit Price 29 SP 9.5 / HOT MIX INSTALLED 1 - 99 TN $ 250.00 30 SP 12.5 / HOT MIX INSTALLED 1 - 99 TN $ 250.00 MEDIUM PROJECTS Item Description Qty UOM Unit Price 31 SP 9.5 / HOT MIX INSTALLED 100 - 399 TN $ 140.00 32 SP 12.5 / HOT MIX INSTALLED 100 - 399 TN $ 138.00 LARGE PROJECTS W/O COMPACTION MONITORING Item Description Qty UOM Unit Price 33 SP 9.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 118.00 34 SP 12.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 116.00 LARGE PROJECTS W/ COMPACTION MONITORING Item Description Qty UOM Unit Price 35 SP 9.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 120.00 36 SP 12.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 118.00 CLASS III ASPHALT (SIDEWALKS, BIKE PATHS, PARKING LOTS, ALLEYWAY, PAVED DITCH, MISC. PAVING): Unit price information refer to the solicitation document, I. Work Specifications, Section 3. , subsection 3.3. SMALL PROJECTS AND SPOT REPAIRS Item Description Qty UOM Unit Price 37 SP 9.5 / HOT MIX INSTALLED 1 - 49 TN $ 250.00 38 SP 12.5 / HOT MIX INSTALLED 1 - 49 TN $ 250.00 MEDIUM PROJECTS Item Description Qty UOM Unit Price 39 SP 9.5 / HOT MIX INSTALLED 50 - 199 TN $ 208.00 Page 2 of 5 Item Description Qty UOM Unit Price 40 SP 12.5 / HOT MIX INSTALLED 50 - 199 TN $ 206.00 LARGE PROJECTS Item Description Qty UOM Unit Price 41 SP 9.5 / HOT MIX INSTALLED 200 & ABOVE TN $ 148.00 42 SP 12.5 / HOT MIX INSTALLED 200 & ABOVE TN $ 146.00 OTHER PAVEMENT RELATED WORK: Unit price includes traffic control plan, Temporary Traffic Control, Mobilization, Demobilization, supervision, labor, materials, equipment, and disposal. LIMEROCK CONVERSION PREPARATION Item Description Qty UOM Unit Price 43 FINE GRADE, COMPACT AND PREPARE SURFACE FOR PRIME AND SANDING 1 - 3500 SY $ 9.00 44 FINE GRADE, COMPACT AND PREPARE SURFACE FOR PRIME AND SANDING 3501 - 10,000 SY $ 9.00 45 FINE GRADE, COMPACT AND PREPARE SURFACE FOR PRIME AND SANDING 10,000 & UP SY $ 9.00 46 LIMEROCK AND DELIVERY (Project related) 20 TN $ 31.70 PRIME & SAND MIX Item Description Qty UOM Unit Price 47 SMALL PROJECTS 0 - 3500 SY $ 3.50 48 MEDIUM PROJECTS 3501 - 10,000 SY $ 3.50 49 LARGE PROJECTS 10,000 & ABOVE SY $ 3.50 SHOULDER TRIMMING AND REGRADING Item Description Qty UOM Unit Price 50 SHOULDER TRIMMING & REGRADING 1 - 10,000 LF $ 4.00 51 SHOULDER TRIMMING & REGRADING 10,001 & ABOVE LF $ 4.00 GEOTEXTILEINTERLAYER Item Description Qty UOM Unit Price 52 SMALL PROJECTS 0 - 3500 SY $ 5.75 53 MEDIUM PROJECTS 3501 - 10,000 SY $ 5.35 54 LARGE PROJECTS 10,000 & ABOVE SY $ 5.20 SWALE REWORK Item Description Qty UOM Unit Price 55 SIX FEET (6') WIDE UP TO ONE FOOT (P) DEEP 1 LF $ 10.00 56 SIX FEET (6) WIDE X ONE FOOT (F) PLUS 1 LF $ 10.00 BASE WORK PREPARATION Item Description Qty UOM Unit Price 57 FOUR INCH (4") COMPACTED DEPTH 1 SY $ 40.00 Item Description Qty UOM Unit Price 58 SIX INCH (6") COMPACTED DEPTH 1 SY $ 45.00 59 EIGHT INCH (8") COMPACTED DEPTH l SY $ 50.00 60 TWELVE INCH (12") COMPACTED DEPTH l SY $ 55.00 SHOULDER WIDENING Item Description Qty UOM Unit Price 61 EIGHT INCH (8") COMPACTED DEPTH 1 SY $ 85.00 62 TWELVE INCH (12") COMPACTED DEPTH 1 SY $ 98.00 SHOULDER BACKUP W/ AGGREGATE Item Description Qty UOM Unit Price 63 SHOULDER BACKUP 1 - 500 TN $ 35.00 64 SHOULDER BACKUP 501 & ABOVE TN $ 35.00 SOD WITH INSTALLATION Item Description Qty UOM Unit Price 65 BAHIA 1 SF $ 5.00 66 FLORATAM 1 SF $ 5.00 67 ZOYSIA 1 j SF j $ 5.00 SPEED TABLE INSTALLATION 68 TRAFFIC CALMING DEVICE I EA $ 1,500.00 SURFACE PROTECTION Item Description Qty UOM Unit Price 69 SAND 1 CY $ 15.00 71 BOARDS 1 SY $ 10.00 ASPHALT CURB Item Description Qty UOM Unit Price 71 ASPHALT CURB 1 LF $ 100.00 MISCELLANEOUS SERVICES AND LABOR Item Description Qty UOM Unit Price 72 WATER TRUCK W/OPERATOR & WATER 1 HR $ 80.00 73 SWEEPER W/OPERATOR 1 HR $ 175.00 74 DISTRIBUTOR TRUCK W/ OPERATOR I HR $ 130.00 75 DUMP TRUCK W/OPERATOR 1 HR $ 95.00 76 LIGHTING PLANT PER DAY 1 EA $ 60.00 77 PORTABLE VARIABLE MESSAGE SIGN PER DAY 1 EA $ 25.00 78 OFF DUTY LAW ENFORCEMENT OFFICER W/MARKED VEHICLE 1 HR $ 95.00 79 SUPERINTENDENT 1 HR $ 93.00 rage 40IJ Item Description Qty UOM Unit Price 80 FOREMAN I HR $ 75.00 81 OPERATOR 1 HR $ 47.00 82 LABORER 1 I HR $ 37.00 MATERIALS: Collier County to pickup materials - the pickup location must be within the borders of Collier County. Item Description Qty UOM Unit Price 83 ASPHALT COLD PATCH 1 TN $ 150.00 84 SP 9.5 / ASPHALT HOT MIX 1 TN $ 72.00 85 SP 12.5 /ASPHALT HOT MIX 1 TN $ 71.00 86 FC 5 / ASPHALT HOT MIX 1 TN $ 144.00 87 FC 9.5 / ASPHALT HOT MIX 1 TN $ 122.00 88 FC 12.5 / ASPHALT HOT MIX 1 TN $ 114.00 89 LIMEROCK - COUNTY PICKUP 20 TN $ 20.00 90 TRACKLESS TRACK 1 GAL $ 4.00 TOTAL BID $ 9,878.50 Material Markup not to exceed 15% Equipment Markup not to exceed 10% Subcontractor Markup not to exceed 15% Page 5 of 5 Price Analysis 24-8259 "Asphalt Maintenance and Related Services" ITB 24-8259 Preferred Materials, Inc. NORA ITB 24-8259 Ajax Materials No Award Preferred vs. Ajax B220257ACN Lee County Gov Agreement (Russ Berner) Preferred vs. Russ Berner MILLING Item Description Qty UOM Unit Price Unit Price % Difference Unit Price % Difference 1 MILLING PROJECTS 0 - 2500 SY $ 15.00 $ 40.00 166.7 $ 25.00 66.7 2 MILLING PROJECTS 2501-10,000 SY $ 6.00 $ 25.00 316.7 $ 25.00 316.7 3 MILLING PROJECTS 10,001 - 25,000 SY $ 6.00 $ 10.00 66.7 $ 25.00 316.7 4 MILLING PROJECTS 25,001 & ABOVE SY $ 6.00 $ 8.00 33.3 $ 25.00 316.7 CLASS I ASPHALT (RESURFACING PROJECTS) SMALL PROJECTS AND SPOT REPAIRS Item Description Qty UOM Unit Price Unit Price % Difference Unit Price % Difference 9 SP 9.5 / HOT MIX INSTALLED 1 - 199 TN $ 198.00 $ 750.00 278.8 $ 375.00 89.4 10 SP 12.5 / HOT MIX INSTALLED 1 - 199 TN $ 196.00 $ 750.00 282.7 $ 375.00 91.3 12 FC 9.5 / HOT MIX INSTALLED 1 - 199 TN $ 246.00 $ 900.00 265.9 $ 415.00 68.7 13 j FC 12.5 / HOT MIX INSTALLED 1 - 199 TN $ 239.00 $ 900.00 276.6 $ 425.00 77.8 MEDIUM PROJECTS Item Description Qty UOM Unit Price Unit Price % Difference Unit Price % Difference 14 SP 9.5 / HOT MIX INSTALLED 200 - 399 TN $ 121.00 $ 550.00 354.5 $ 195.00 61.2 15 SP 12.5 / HOT MIX INSTALLED 200 - 399 TN $ 120.00 $ 550.00 358.3 $ 190.00 58.3 17 FC 9.5 / HOT MIX INSTALLED 200 - 399 TN $ 170.00 $ 600.00 252.9 $ 235.00 38.2 18 FC 12.5 / HOT MIX INSTALLED 200 - 399 TN $ 163.00 $ 600.00 268.1 $ 220.00 35.0 LARGE PROJECTS WITHOUT COMPACTION MONITORING Item Description Qty UOM Unit Price Unit Price % Difference Unit Price % Difference 19 SP 9.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 118.00 $ 275.00 133.1 $ 185.00 56.8 20 SP 12.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 116.00 $ 275.00 137.1 $ 185.00 59.5 22 FC 9.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 167.00 $ 350.00 109.6 $ 225.00 34.7 23 FC 12.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 160.00 $ 350.00 118.8 $ 205.00 28.1 LARGE PROJECTS WITH COMPACTION MONITORING Item Description Qty UOM Unit Price Unit Price % Difference Unit Price % Difference 24 SP 9.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 120.00 $ 300.00 150.0 $ 195.00 62.5 25 SP 12.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 119.00 $ 300.00 152.1 $ 185.00 55.5 27 FC 9.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 169.00 $ 450.00 166.3 $ 245.00 45.0 28 C2.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 161.00 $ 450.00 179.5 $ 235.00 46.0 Page 1 of 1 FIXED TERM SERVICE AGREEMENT # 24-8259 foI "Asphalt Maintenance and Related Services" THIS AGREEMENT, made and entered into on this day of 20 , by and between Preferred Materials, Inc. authorized to do business in the State of Florida, whose business address is 4636 Scarborough Drive, Lutz, FL 33559 (the 'Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 )year period, commencing ❑■ upon the date of Board approval; er -o and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( I ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑■ Purchase Order @-Nettee-to-Praeeed- 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of �--Reques#-for-P-P-roposat-(-Ft-F-R) ❑■ Invitation to Bid (ITB) D-Othe, # 24-8259 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑� The Contractor shall also provide services in accordance with Exhibit A —Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement [2024_ver.3] 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B= Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): 8—Lamp�ttm-(•Fr-xed-P�iee-}=A-fir-rn-€t-xed-tflt-al-p�iee-e€#er-ing-#er-e-prc�jeet; ttie-risk-Slat=e WE WEER ENINEEN map W74 or is-au#f�©r+zed- � Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. � Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 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 the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 17 Fixed Term Service Agreement [2024 ver.3] 4.4 The County, 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. o-\cI jeek-if-appltc--able} r-ravel-arad-Reir bur-�able-I✓xperases:---Travel-and Reimbu sable- Expenses-rntts-t-be- agpreved-irradv-aase4nr writinoy—the-Gounty: Travel e*peeses- IIaI1-be-re+r s . I,e�bttr-se�ents-slia ll--be-at-tkte-feNowieg-rates-: ae �-WIMIM MEWAFFMA. 'MUM eMeM*ZeIg11 �� i :e a- o rMUKHO Film.0. Q F�eit�bt�r-sable-ite�rs-etk�er-t�a�-t-ravel-e-xpet�ses-shalt-be-li r-rafted-tie-#eltowtng=telepl�ene tengAisl nee-eharges-an"estage—, eiffibaf-s-abte items-will�be-paid-ei4y-a#ter-GentFaeter- s-previded-all-reeeipts—Gentfaeter-skta4l-be responsible.4or-a"ther-c6osts-and-expeeses-associated-w+th--aGtM ies-an&soHeitatiefvs uwdertake►a-pereoaR"(- -this-4greeme-nt. 5. SALES TAX. 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. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Preferred Materials, Inc. Address: 5701 E. Hillsborough Ave. Suite 1122 Tampa, FL 33610 Authorized Agent: Attention Name &Title Craig Ketron Craig.ketron@preferredmaterials.com Page 3 of 17 Fixed Term Service Agreement [2024_ver.3] All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Name: Division Director: Address: Administrative Agent/PM Telephone: E-Mail(s): Road Maintenance Divsion Marshall Miller 4800 Davis Blvd Naples, FL 34104 Melissa Pearson 239-252-5591 MelissaPearson@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County, All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during Page 4 of 17 Fixed Term Service Agreement [2024 ver.3] the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or Florida law, 12. INSURANCE. The Contractor shall provide insurance as follows: A. ❑■ Commercial General Liabilitv: Coverage shall have minimum limits of $ 21000,000400 Per Occurrence, $ 3,000,000.00 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B.❑ Business Auto Liabilitv: Coverage shall have minimum limits of $ 1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee NoneeeOwnership. C. ❑� Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $ 1,000,000.00 for each accident. D� =Pm a o a- -a a - e e a -• - -a. a - WIN 41NM all Non Men am a WAMMEN NE& 160 MIL OF • - • •• p • a hil • e .,ee ae� - eee bew-Liabtfit -vet'-age-shall-iave-mir=it�fn-I+r-n+ts-e# $ per claim- Page5of17 Fixed Term Service Agreement [2024_ver.3] Mw IS • • ww ww reTA " sKalHlave-+�i +r�attt��-I++ +ts of Q per-c4afM/9ssurTen e. r� 'overage shall love-44: air-num4imit-s-o# per-elai�fOeeurrenee. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "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 Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions, Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, 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. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6 of 17 Fixed Term Service Agreement [2024_ver.3] 13.1 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, County 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 County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road Maintenance Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), 0■ Exhibit A Scope of Services, Exhibit B Fee Schedule, ©-RFP/ 0 ITB/8-9tber #24-8259 including Exhibits, Attachments and Addenda/Addendum, Dsubsegbett quotes, and FE] Other Exhibit/Attachment: Payment & Performance Bonds 17. APPLICABILITY. Sections corresponding to any checked box (■)expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners, 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c, immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Agreement [2024_ver.3] located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statute, §448,095; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD 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: PublicRecordReg uestpcolIiercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public 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. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws Page 8 of 17 Fixed Term Service Agreement [2024_ver.3] referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling 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. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 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 Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. ❑� CLEAN UP. 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. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. Page 9 of 17 Fixed Term Service Agreement [2024 ver.3] 25. ❑q WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final 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 the County. 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. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. 0■ TESTS AND INSPECTIONS. 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 to the County 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 County. 27. ❑� PROTECTION OF WORK. A. 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 anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. I3. 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. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. Page 10 of 17 Fixed Term Service Agreement [2024_ver.3] 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County 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 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 modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures, 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County 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 County's staff person who would make the presentation of any settlement reached at mediation to County'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. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. :04 a - o o- -00 - -:a- Q Page 11 of 17 Fixed Term Service Agreement [2024_ver.3] o• o^ .o-o - - - -a -• -_- - stirsofty4w too e e e- -• - - e 011P.Mle 11MMAZEW.Miff a .a 0 ao 0 : -: AN 0 •a- �-- a a a a- a11 11 e eae ce ce - er-sennel. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. 0 ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County 's Board approved Executive Summary, the Contract Documents shall take precedence. 36, ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County'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 the County. 37, 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 Page 12 of 17 Fixed Term Service Agreement [2024_ver.3] 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. Collier County Sheriff's Office (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. 38. �■ SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property, Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Term Service Agreement [2024 ver.3] IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller ey: Dated: (SEAL) Contractor's Witnesses: Contractor's First Witness Lakelia Drummond TType/print witness na eT Contractor's cond Witness Craig Ketron TType/print witness nameT Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chris Hall . Chairman Preferred Materials, Inc. Contractor Robert Spillman, Vice President Page 14 of 17 signature and title Fixed Term Service Agreement [2024 ver.3] Exhibit A Scope of Services ❑■ following this page (containing 9 pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement [2024_ver.3] CPO Invitation to Bid (ITB) No. 24-8259 "Asphalt Maintenance and Related Services" Exhibit A Scope of Services DETAILED SCOPE OF WORK The scope of services under this agreement includes but is not limited to milling, paving, limer•ock road conversions, potholes and spot repairs, grading, overlays, tack coat placement with plant mix asphaltic concrete compacted, and all other services related to asphalt repair and maintenance projects in Collier County right -of --way and county -owned or managed properties throughout Collier County. ■ The County Project Manager shall request work on an as -needed basis. ■ Work requests valued at $200,000 or greater require the Contractor to submit public performance and payment bonds. ■ Bid Schedule - Unit of Measure [UOM] glossary: Cubic Yard = CY, Each = EA; Gallon = GAL; Hourly Rate = HR; Linear Foot/Feet = LF; Lump Sum = LS; Mile = Mile; Square Feet = SF; Square Yard = SQ YD; Ton = Ton; Temporary Traffic Control/Maintenance of Traffic (MOT/TTC). I. WORK SPECIFICATIONS: Unless directed by the County Project Manager, the governing standards for work under the agreement are as follows. ■ State of Florida Department of Transportation [FDOT], Standard Plans for Roadway and Bridge Construction, current edition. • Standard Specifications Libras (y fdot.gov) ■ FDOT Temporary Traffic Control/Maintenance of Traffic, current index. • Temporary Traffic Control (Maintenance of Traffic) (fdot.gov) ■ U.S. Department of Transportation, Federal Highway Administration, Manual of Uniform Traffic Control Devices [MUTCD], current edition. • Manual on Uniform Traffic Control Devices (MUTCD) - FHWA (dot.gov) 1. Milliner The unit price includes traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization, MOT/TTC, sweeping, and disposal. I.I. Milling of Existing Asphalt Pavement jFDOT 3271: The average milling cut depth to remove an asphalt layer• shall be approximately 1 to 3 inches. The County Project Manager• will determine the milling depth; the Contractor may need to obtain bore samples throughout the project area randomly or as directed by the County Project Manager, at no additional cost to the County. I.I.I. When milling to remove a layer of asphalt material, remove the existing pavement to the average depth specified in the plan or work order in a manner that will restore the pavement surface to a uniform cross-section and longitudinal profile. 1.1.2. Remove existing reflective pavement markers ["RPM"]. 1.1.3. No additional payment beyond the milled area will be paid for removing existing asphalt speed `l tables. 1.1.4. Damage to the milled surface by traffic shall be repaired at the Contractor's expense. 1.1.5. County Project Manager, at their discretion, may request ►•etainage of up to 25% of the millings generated. The retained millings shall be hauled and delivered to a designated location by the County Project Manager. The cost for loading and hauling millings is the dump truck with operator hourly rate. 1.1.6. Milling is measured in square yards. 1.2. RebateBump Milling: Work may require large or small machine milling to create a smooth transition with existing asphalt or other surrounding structures for the smooth transition from existing to newly placed asphalt when only an overlay is done. 1.2.1. The Cont►•acto►• shall mill a ►•ebate to provide a smooth transition with the existing pavement by varying the milling depth at 1" per 30' of longitudinal distance. 1.2.2. Rebate/Bump milling is not a separate pay line item; it shall be considered part of the hot mix asphalt ["HMA"] per -ton pay item. 1.3. Additional milling information: Pave milled areas befo►•e opening the ►•oadway to t►•affic; unless permitted by the County Project Manager. At the Contractor's request and the County Project Manager's authorization, allowing traffic on milled surface areas before paving may be permissible for up to 3 days. Any damages or additional surface cleaning on milled areas before paving is at the Contractor's expense to repair or clean before paving; at no additional cost to the County. 1.3.1. "G►•oove Pavement" and "Uneven Lanes" signage is ►•equired to wa►•n motorists. 1.3.2. Any transverse drop-off greater than 1 inch shall be shimmed with not and/or cold mix to provide a smooth transition for traffic. The cost to replace and remove is included in the milling line item. 2. Grinding: The unit prices FDOT Standard Plan Index 352 Grinding Concrete Pavement. This item is intended for g►•inding concrete pavement, concrete bridge approaches, and concrete decks to allow for the placement of a specified layer of asphalt concrete. 2.1. When milling concrete, an ave►•age depth of cut shall be between zero and 2 inches. The County Project Manager will determine the depth of the milling fo►• the p►•oject. 2.2. Grinding is measured in square feet. 3. Asphalt Project Class Types: Class I through Class III Asphalt includes the following categories: small projects and spot ►•epairs, medium projects, large projects, large projects without compaction monito►•ing, and large projects with compaction monitoring. There are no bituminous adjustments for asphalt for spot repairs. 3.1. Class I Asphalt (Resurfacing Projects): The unit prices include traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization, MOT/'fTC, g►•ading back the pavement edge, milling the existing surface when required (an additional pay item), sweeping the existing pavement surface, providing the asphalt tack material and tacking the existing pavement, providing the asphalt hot mix and laying the asphalt in place, and rolling the asphalt surface with both a steel wheel compactor and a rubbe►• tire roller leaving a smooth defect -free surface. 3.2. Class II Asphalt (Paving over Prepared Surfaces): The unit prices include traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization, MOT/TTC, sweeping the surface as directed by the County Project Manage►•, providing the not asphalt mix, laying the asphalt in place, and roiling the asphalt surface with a steel wheel compactor and a rubber -tire roller, leaving a smooth, defect -free surface for each roadway that has been primed and sanded/lean mixed. 3.3. Class III Asphalt (Sidewalks Bike Paths Parking Lots AlleywayPaved Ditch, Miscellaneous Paving): The unit prices include traffic control plan, supervision, labor, materials, equipment, mobilization, 2 demobilization, MOT/TTC, grading back pavement edge, milling the existing surface when required under another unit price, sweeping the existing paving surface or primed and sanded area, providing the asphalt tack materials, tacking the existing surface, providing the asphalt hot mix, laying the asphalt in place, rolling the asphalt surface with both a steel wheel compactor and a rubber4ire roller leaving a smooth defect -free surface. 4. Asphalt Installations: The asphalt concrete materials installed under this Contract shall conform to FDOT specifications, including the plant and methods of operation for preparing plant -mixed hot bituminous mixtures of asphaltic concrete and the requirements for the equipment being used and the placement. Reference is made to FDOT § 3205 330, 334, 337, and 339; unless otherwise stated, payment shall be per ton of material placed and accepted. The unit prices include traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization, MOT/TTC, sweeping, and disposal, as required. 4.1. The County Project Manager may request the Contractor to fill in asphalt cracks and holes for surfaces not being milled and apply a tack coat on the surfaces being patched and/or repaired. Payment method: Class I through III Asphalt for small projects and spot repairs. 4.2. Asphalt overlays typically range from 1/2-inch to 3-inch courses. 4.3. Posted speeds of 35 MPH or greater, with an Annual Average Daily Traffic "AADT" greater than 3,500, will require friction courses for pavements. 4.4. The Contractor shall control the compaction of the asphalt in the following manner. The placement of the asphalt mixture, including the construction of the test section, shall not begin unless a density gauge and a certified operator are present. 4.4.1. Test Section: The Contractor shall place and compact a test section on the mainline with a maximum of 1,500 linear feet in one lane to establish the Project Target Density (PTD) using the "peak" method. The County Project Manager will approve the location of the test section on the first day of paving. Include the cost in the various HMA line items. 4.4.1.1. The Contractor shall use the same equipment and procedures to construct the remainder of the course. The first 300 feet of the test section shall stabilize the paving operation. Initially, the mixture shall be compacted with a breakdown roller. The County Project Manager will divide the remaining section of the test strip into thirds, randomly select a location from each section, and mark the sites so that subsequent density testing can be done at the same locations. 4.4.1.2. The Contractor shall make necessary vibratory and static passes to "peak" the pavement density such that the density gauge reading shall yield a density of at least 93% of the Mixtures Maximum Theoretical Density (MMTD). The producer of the material will provide the MMTD. 4.4.1.3. The Contractor shall provide the County Project Manager with two loose samples from an independent laboratory for verification testing. The Contractor shall take density readings at the three selected sites after every additional machine passes until a "peak" density is achieved. A "peak" density is achieved when the increase in density is less than 2 lbs./ft3, and it typically occurs when the pavement is compacted at 175°F or less. The Contractor shall stop further compaction if the pavement shows signs of distress. 4.4.1.4. The PTD is the average of the highest density readings from each random location. The calculated PTD shall be used to monitor the pavement density. The County Project Manager may request pavement cores to verify the PTD. The Contractor shall take four randomly located samples and provide them to the County Project Manager for testing at a laboratory designated by the County Project Manager. After collecting the test samples, the Contractor shall fill the core holes with HMA. 4.4.1.5. The Contractor shall begin routine paving only after the PTD has been established. Density readings shall be taken every 200 feet along the length of the pavement for each paver pass at locations randomly selected by the County Project Manager. Record the readings on the project form based on the type of gauge used. The minimum density reading shall be at least 97% of the PTD at a single test location and 98% of the PTD calculated as a moving K3 ICAO average of the last 10 test locations. 4.4.1.6. If density gauge readings over two consecutive locations fall below 97% of the PTD or the moving average of the last 10 density gauge readings falls below 98% of the PTD. Stop routine paving operations and construct a new test section. 4.4.1.7. The Contractor shall utilize the same compaction effort on the shoulders, ramps, widening, and crossovers to achieve the PTD. Density will be monitored but will not be required for payment purposes. Record the density readings on the project form. If the shoulder subbase is structurally insufficient to sustain the level of compaction and shows signs of distress, the Contractor shall decrease the compaction to prevent damage to the shoulder or subbase. 4.4.1.8. In the following situations, the County Project Manager may request pavement samples from the Contractor at no cost to the County for asphalt placement density verification. 4.4.1.8.1. Insufficient density readings were not recorded or at the specific location required frequency. 4.4.1.8.2. Paving was completed after the only density gauge on -site broke down. 4.4.1.8.3. Gauge readings do not accurately represent the asphalt pavement density. 4.5. Apply a tack coat on all surfaces fo►• overlay [FOOT Section 300. Prime and Tack Coats]. The cost is included in the unit price of hot mixed asphalt items. 4.6. A truing and leveling (T&L) course may require several courses before correcting pavement geometry. The Contractor shall apply tack coats between lifts. The cost is included in the hot mixed asphalt unit price. 4.7. Basic paving operations include cleaning/sweeping the surface, applying a tack coat, supplying asphalt hot mix, laying the hot mix in place, and rolling the asphalt surface with a steel wheel compactor and a rubber - tire roller for a smooth, defect -free surface. The cost is included in the hot mixed asphalt unit price. 4.8. The Contractor shall provide termination rebates at the ends of the roadway segment and all side road intersections described in Rebate/Bump Milling for a project not requiring overall milling and inlaying. The cost is included in the unit price of hot mix asphalt items. 5. Other Pavement Related Work 5.1. Limerock Conversion Preparation; The unit price includes t►•affic control plan, supervision, labor, materials, equipment, mobilization, demobilization, MOT/TTC, sweeping, and disposal. The Contractor shall grade and reshape designated sections of the roadway with a limerock surface in preparation for asphalt concrete paving. 5.1.1. The Contractor shall provide a survey and stakeout, producing line and grade fora roadway with two 10-foot lanes with a normal crown (2%-2%) geometry. 5.1.2. Grading operations are to extend one foot beyond the expected edge of the pavement. The Contractor shall scarify the existing limerock base and add/remove limerock as necessary to meet the desired grade. The finish grade shall be compacted and smooth with no defects. The finished grade will be within %<" of the true grade. 5.1.3. Upon acceptance by the County Project Manager, the Contractor shall prime and sand the prepared surface. 5.1.4. The Contractor shall pave the prepared area with a 2" lift of SP12.5 HMA w/o compaction monitoring. 5.1.5. After paving is completed, the Contractor shall back up any drop-offs at the edge of the pavement. 5.1.6. The unit of measure is square yard (SY). 5.2. Prime &Sand Mix: The unit price includes a traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization, MOT/TTC, sweeping, and disposal. Prime and sand an a►•ea after the base material has been prepared to protect the surface before the asphalt is laid in place. 5.2.1. All work shall conform to FOOT specifications unless directed by the County Project Manager. 5.2.2. This item may be used to apply other surface treatments as ►requested by the division. 5.2.3. The unit of measure is square ya►ds (SY). 5.3. Shoulder Trimming; and Re rag ding: The unit price includes a traffic control plan, supervision, labor, materials, equipment, mobilization/demobilization, MOT/TTC, sweeping, and disposal. When specified, the Contractor shall cut, regrade, and remove excess shoulder material to restore positive drainage from the edge of the pavement/shoulder to the roadside swale. 5.3.1. Wo►k includes segments containing guardrails. 5.3.2. All disturbed areas shall be seeded and mulched. 5.3.3. The unit of measure is linear feet (LF), 5.4. Geotextile Interlayer: The unit price includes a traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization, MOT/TTC, sweeping, and disposal. As requested, the Contractor will provide and install a geotextile interlayer that meets non -woven polypropylene or polyester fiber material requirements. 5.4.1. The material shall have a minimum tensile strength of 90 lbs. and an asphalt retention minimum of 0.18 gallons/square yard (SY). Submit the manufacturer's specification sheet to the County Project Manager for review and approval. 5.4.2. Install in accordance with the manufacturer's recommendations. 5.4.3. Any damages to the geotextile before paving will be at the Contractor's expense to repair the damages at no cost to the County. 5.4.4. The unit of measure is square yards (SY) of the covered area with no additional fees for overlaps. 5.5. Swale Rework: The unit price includes a ri•affic cont►•ol plan, supervision, labor, materials, equipment, mobilization, demobilization, MOT/TIC, sweeping, and disposal. The unit of measure is linear feet (LF). 5.6. Base Work P►•eparation and Shoulder Widening: The unit price includes a traffic control plan, supervision, labor, materials, equipment, mobilization/demobilization, MOT/TTC, sweeping, and disposal of excess spoils. The Contractor excavates and places new base material to the specified depth. 5.6.1. The Conhactor may use Class II HMA, Class III HMA, or limerock as new base material. 5.6.2. After excavation and before placement of the new base, the Contractor shall seal and roll the surface. The material will be placed and compacted. 5.6.3. The unit of measure is square yards (SY). 5.7. Shoulder Backup w/Aggregate: The unit price includes a traffic control plan, supervision, labor, materials, equipment, mobilization/demobilization, MOT/TTC, sweeping, and disposal. The Contractor shall address all pavement edges with a drop-off of 1" or more before paving is completed. 5.7.1. The Contractor shall place and compact an aggregate material approved by the County Project Manager. 5.7.2. The material shall be placed as a wedge at a rate of 1" per 1' of width. 5.7.3. The unit of measure for aggregate material is by ton (TN). 5.8. Sod with Installation: The unit price includes sod, a traffic control plan, mobilization, demobilization, MOT/TTC, supervision, materials, labor, and equipment to prepare and grade the area with suitable fill, install sod, initial watering, and disposal. The unit of measure is square feet (SF). 5.9. Speed Table Installation: The unit price for traffic calming devices includes a traffic control plan, supervision, labo►•, materials, equipment, mobilization, demobilization, MOT/TTC, sweeping, and disposal. Install asphalt speed tables per the specifications provided. The unit of measure is each 5.10. Surface Protection: The unit price for traffic calming devices includes a traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization, MOT/TTC, sweeping, and disposal. The 5 Contractor shall protect pavers, brick, decorative stone, stencils, etc., in areas such as, but not limited to, crosswalks, entrances, and driveways, as requested by the County Project Manager. The protection will prevent damage by distributing the weight and providing a buffer from heavy equipment and machinery traveling over them. The Contractor is responsible for any damages, and the repairs are at no cost to the County. Boards: The unit of measure is squa►e yards (SY). The unit price includes delive►y to thejob site, installation, and removal. 5.10.2. Sand: Install a minimum sand layer of 2 inches. The unit of measure is a cubic yard (CY). The unit price includes sand delivery, installation, and removal by sweeping sand from the site, and haul - away. 5.11. Asphalt Curb; The unit price includes a traffic control plan, supervision, labo►•, materials, equipment, mobilization, demobilization, MOT/TTC, sweeping, and disposal. The unit of measure is linear foot (LF) 5.12. Miscellaneous Services and Labor: These line items are for additional services not included in the bid unit prices. The unit of measures are each (EA) or hourly (HR). 5.13. Materials: Collier County will pick up materials. The pickup location must be within the County's borders. The unit of measures are ton (TN) or gallon (GAL). 5.14. Markups: There is no markup on tax and freight. Markups a►•e for• other work not listed on the bid schedule. 5.14.1. Material Markup: Material markup is 15 percent. The Contractor shall provide receipts with the invoice for reimbursement for materials exceeding $500.00. 5.14.2. Equipment Markup: Equipment markup is 10 percent. The Contractor shall email the County Project Manager the rental equipment estimate for approval. 5.14.3. Subcontractor Markup: Subcontractor services markup is 15 percent. The Contractor shall email the estimate to the County Project Manager for approval to use subcontractor services. II. GENERAL INFORMATION Work Commencement: The �vor•k shall commence with the issuance of a purchase o►•der•. 2. Work Hours: The County Project Manager may require the Contractor to work different hours as requested. There is no additional compensation for wo►•king on weekends, holidays, or evening hours. 2.1. Monday through Friday from 7:00 a.m. to 5:00 p.m. 2.2. Evening hours are 8:00 p.m. to 6:00 a.m. Due to t►•affic volumes, local ordinances, and ext►•eme weather, the County Project Manager may require work to be done in the evening. 3. Night Work: The Division may require work to be progressed at night due to traffic volumes, local ordinances, and extreme weather. 3.1. The Contractor shall submit alighting plan to the County Project Manager for review and approval five (5) business days befo►•e the work starts. The plan must illuminate the work area with a minimum intensity of 5 (five) ft-cd (54 Ix). Illumination sources may be from portable floodlights, existing streetlights, equipment lighting, or other allowed sources. 3.2. Supplemental lighting must be arranged to prevent interference with traffic or produce undue glare to property owners. Should the TTC/MOT plan require flaggers to control traffic, the flagging station shall be illuminated at 10 ft-cd, so the flagger is visible to traffic. 3.3. The Contractor shall provide a light meter to monitor illumination levels. The Contractor shall furnish, place, and maintain portable variable message signs ["PVMS"] to alert approaching motorists of lighted construction zones ahead. All equipment shall be fitted with amber flashing lights or LED strobes. To maintain project MOT, the Contractor shall ensure an ATSSA Certified Worksite Supervisor is always on - site during nighttime operations. 3.4. The cost of nighttime operations is included in the various bid item unit prices. 3.5. Additional costs are authorized for the lighting plant as a per -day item [Miscellaneous Services and Labor]. The unit is each (EA). 3.6. Additional costs are authorized for PVMS as a per -day item [Miscellaneous Services and Labor]. The unit is each (EA). 4. Work Requests: County Project Managers will request work from the Primary Contractor. If the Primary declines the work in writing, the County Project Manager may request work from the Secondary Contractor, and if the Secondary Contractor declines the work in writing, the County Project Manager will request work from the Tertiary Contractor. Contractors' Agreements may be subject to termination if they continually decline work requests. During any notice of termination, default, breach, or suspension, the County shall have the full authority to utilize the Secondary Contractor as the Primary Contractor and the same for the Tertiary Contractor, 5. Lane Closures: Lane closures are not permitted between 7:00 a.m. and 9:00 a.m. and 3:30 p.m. and 6:30 p.m. on weekdays. Lane closures require TTC with proper placement of lane -closed signs, pre -warning signs, arrow boards, traffic cones, etc. 6. Road Alert (Mandatoi�quirementl: Any lane closures require the Contractor to submit the Road Alert Notification Form for Lane Closures and Road Closures via email to Collier County Transportation Management Services Department. Link to Download the Road Alert form: https•//www colIiercountLgov/government/transportation-management-sewices/services/construction-and- maintenance-public-information/road-alerts 7. Utilities: The ConU•actor shall exercise precautions while working near utilities. Before digging, the Contractor must call Sunshine 811 at 811 or 8 00=43 24 / 10, Monday through Friday, from 7:00 a.m. to 5:00 p.m. Sunshine 811 needs two (2) full business days' notice. Any damage to utilities is the Contractor's sole responsibility and at no cost to the County. 8. Work Delays: If work is delayed, notify the County Project Manager immediately and follow up with an email stating the cause of the delay within 48 hours. 9. Damaees: The Contractor is responsible for exercising care at the project site. If the Contractor causes damage, they will be required to repair them at no cost to the County. The Contractor shall repair damages within 10 calendar days from the date of damage or as agreed upon by the County Project Manager. It shall be at the Division's discretion to withhold estimated damage costs from an invoice until the repairs are completed and accepted. 10. Inspections: Onsite inspections may occur to monitor work progress and when the work is completed. The Contractor is to contact (by phone or email) the County Project Manage►• and Inspector when the project is completed. 10.1. The County Inspector will notify the Contractor when the finished work fails to comply with the specifications. 10.2. The Contractor shall immediately cure the deficient work, ensuring it complies with the specifications. 10.3. The Contractor shall notify the County Inspector when deficient work is ready for re -inspection. 10A. The County may perform a final inspection of the work or request photographic evidence. The County will inform the Contractor of any necessary repair work not completed. 10.5. The Contractor shall immediately complete all incomplete work and arrange another re -inspection. 10.6. There will be no cost to the County for the Contractor to correct deficient work. 11. Bituminous Adjustments: Bituminous adjustments apply under the Contract. A primary cost factor of this bid is baseA on the price of petroleum, and the conditions in this market are highly unstable and beyond the Contractor's ri control. Therefore, the prices bid for asphalt may be adjusted each month based on the increased or decreased cost of liquid asphalt. 11.1. FDOT Specifications for Road and Bridge Construction, latest edition, Section 9-2.1.2 ($ Adjustment = (Index Difference) (Gallons)). FDOT Asphalt Price Index will determine the adjustment. Bituminous adjustments will be made only when the current API (CAPI) varies by more than 5% of the API prevailing in the month when bids were received (BAPI) and only on the portion that exceeds 5%. 11.2.1. Adjustments are based on liquid asphalt content at 6.25%per ton, equal to 125 pounds. Assuming liquid asphalt weighs 8.58 pounds per gallon, which equals 14.57 gallons of liquid asphalt per ton of asphalt. 14.57 is multiplied by the FDOT asphalt Price Index difference, and that calculation will then be added or subtracted from the original bid price to make the adjusted asphalt price for that month. 11.2.2. Each increase or decrease shall be sent to the County Project Manager, showing the price changes and substantiating the change with a copy of the current month's FDOT Asphalt Price Index (API). 11.2.3. The Asphalt Index Price for this Contract is April 2024. 12. Meetines; Either party may request meetings throughout the contract term, requiring mandatory attendance. The County does not incur additional costs for meetings. 13. Maintenance of Traffic (MOT)lTemporaty Traffic Control (TTC): The Contractor is responsible for setting up MOT/TTC with the right equipment and proper placement of lane closed signs, pre -warning signs, arrow boards, traffic cones, message boards, warning devices, barriers, or flagmen. 13.1. The Contractor is responsible for maintaining MOT/TTC while performing services in the right -of --way and roadways. 13.2. MOT/TTC is a requirement for the safety and protection of the Contractor's employees and motorists during service performance. 13.3. It is the Contractor's sole responsibility for safety in the work zone. 13.4. The Contractor must conform to the latest edition of the FDOT, Design Standards, 600 series, and The Manual on Uniform Traffic Control Devices (MUTCD). 13.5. The Contractor is responsible for the MOT/TTC plan, equipment, and setup. 13.6. The certified MOT/TTC employee will meet the County Project Manager or designee within twenty (20) minutes of the initial contact to address work zone safety issues. 13.7. MOT/TTC setup that does not comply, the County will cease operations until MOT/TTC is corrected per the FDOT standards and MUTCD. 14. Work Zone Safety: The Contractor shall use caution while working on County Right -of --Way (ROW) (i.e., roads, sidewalks, bike paths, etc.), roadway medians, in or around County -owned or operated facilities. 14.1. American National Standards Institute/International Safety Equipment Association (ANSI/ISEA) Class 2 or 3 Vests, T-shirts, or similarly labeled garments depending on the time of day. 14.2. Appropriate work zone signage, cones, barricades or barrels, arrow panels, flagging personnel, and stop/slow paddles. 14.3. An applicable work zone TTC plan based on FDOT and/or MUTCD designs on site. 14.4. The Contractor will maintain access for residents and commercial properties with minimal delays to the traveling public. 15. Licensing /Certifications: Submit valid licenses and certifications with bid submittal, or prior to Notice of Recommended Award. 15.1. Submit one of the following licenses: State of Florida Certified General Contractor, Collier County General Contractor, State of Florida Certified Building Contractor, Collier County Building Contractor, or Collier County Paving Contractor. 15.2. FDOT Prequalified Contractor for Work Classes: Flexible Paving and Hot Plant -Mixed Bituminous E:3 Courses. 15.3. Temporary Traffic Control (TTC) or Maintenance of Traffic (MOT), Intermediate Level Certification. 16. Payment and Performance Bonds: Any project valued at $200,000 or greater requires public performance and payment bonds covering the full project costs. Bonds must include the following information: Project Costs; Contact Number; Project Title; Departmental Work Order Number (if applicable); and Purchase Order Number. 16.2. The Contractor shall file the bonds with the Clerk of Courts, Records & Minutes Department, then email them to the County Project Manager. No services to start without filed bonds. 16.3. The Contractor must submit receipts for bonds and recording fees for reimbursement. Payment is for the actual amount paid that is shown on the receipts. 17. Price Modifications: Price increase requests may be submitted annually (365 days from the agreement anniversary date). 17.1. Submit price increase requests in writing by email to the County's Contract Administrator no less than 30 days before the annual contract anniversary date for consideration. 17.2. Price increase requests review may take over 60 days to complete. 17.3. Retroactive price adjustments are not authorized. 17.4. The Contractor shall provide supporting documentation justifying price increases (examples: Bureau of Labor Statistics, supplier material agreements, fuel increases, etc.). If there is no documented proof, price increases will not be considered. 17.5. The Contract Administrator shall analyze prices to determine whether increases are fair and reasonable using the following methods: price competition (reviewing competitive bids or offers), market prices, historical prices, or independent estimates. 17.6. During the review process, the Contractor shall continue to fill all purchase orders received at the current agreement prices. 17.7. The Procurement Director has the authority to approve price adjustments in accordance with the Procurement Ordinance, as amended. The bid tabulation shall be modified with the price increases, or an amendment processed, as required, and uploaded into the County's Finance system. 17.8. Price increase requests are not guaranteed. If approved, the Procurement Director or designee will notify the Contractor in writing with the effective date of any approved price increases. Exhibit B Fee Schedule following this page (containing 5 pages) Page 16 of 17 Fixed Term Service Agreement [2024 ver.3] ITB NO.24-8259 ASPHALT PAVING AND RELATED SERVICES Exhibit B FEESCHEDULE MILLING: Unit price includes traffic control plan, supervision, labor, materials, equipment, mobilization/demobilization, MOT/TTC, sweeping, and disposal. Item Description Qty UOM Unit Price 1 MILLING PROJECTS 0 - 2500 SY $ 15.00 2 MILLING PROJECTS 2501-105000 SY $ 6.00 3 MILLING PROJECTS 10,001 255000 SY $ 6.00 4 MILLING PROJECTS 255001 & ABOVE SY $ 6.00 5 MILLING PORTLAND CEMENT CONCRETE 0 - 50 SY $ 20.00 GRINDING: Unit price includes traffic control plan, supervision, labor, materials, equipment, mobilization/demobilization, MOT/TTC, sweeping, and disposal. Item Description Qty UOM Unit Price 6 CONCRETE GRINDING 0 - 100 SF $ 100.00 7 CONCRETE GRINDING 101 - 500 SF $ 65.00 8 CONCRETE GRINDING 501 & ABOVE SF $ 33.00 CLASS I ASPHALT (RESURFACING PROJECTS): Unit price information refer to the solicitation document, I. Work Specifications, Section 3. , subsection 3.1. SMALL PROJECTS AND SPOT REPAIRS Item Description Qty UOM Unit Price 9 SP 9.5 / HOT MIX INSTALLED 1 - 199 TN $ 198.00 10 SP 12.5 / HOT MIX INSTALLED 1 - 199 TN $ 196.00 11 FC 5 / HOT MIX INSTALLED 1 - 199 TN $ 217.00 12 FC 9.5 / HOT MIX INSTALLED 1 - 199 TN $ 246.00 13 FC 12.5 / HOT MIX INSTALLED 1 - 199 TN $ 239.00 MEDIUM PROJECTS r1514 Description Qty UOM Unit Price SP 9.5 / HOT MIX INSTALLED 200 - 399 TN $ 121.00 SP 1205 / HOT MIX INSTALLED 200 - 399 TN $ 120.00 16 FC 5 / HOT MIX INSTALLED 200 - 399 TN $ 190.00 17 FC 9.5 / HOT MIX INSTALLED 200 - 399 TN $ 170.00 18 FC 12.5 / HOT MIX INSTALLED 200 - 399 TN $ 163.00 LARGE PROJECTS WITHOUT COMPACTION MONITORING Item Description Qty UOM Unit Price 19 SP 9.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 118.00 20 SP 12.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 116.00 21 FC 5 / HOT MIX INSTALLED 400 & ABOVE TN $ 186.00 ��L Item Description Qty UOM Unit Price 22 FC 9.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 167.00 23 FC 12.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 160.00 LARGE PROJECTS WITH COMPACTION MONITORING Item Description Qty UOM Unit Price 24 SP 9.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 120.00 25 SP 12.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 119.00 26 FC 5 / HOT MIX INSTALLED 400 & ABOVE TN $ 188.00 27 FC 9.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 169.00 28 FC 12.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 161.00 CLASS II ASPHALT (PAVING OVER PREPARED SURFACES): Unit price information refer to the solicitation document, 1. Work Specifications, Section 3, subsection 3.2. SMALL PROJECTS AND SPOT REPAIRS Item Description Qty UOM Unit Price 29 SP 9.5 / HOT MIX INSTALLED I - 99 TN $ 250.00 30 SP 1265 / HOT MIX INSTALLED 1 - 99 TN $ 250.00 MEDIUM PROJECTS Item Description Qty UOM Unit Price 31 SP 9.5 / HOT MIX INSTALLED 100 - 399 TN $ 140.00 32 SP 1205 / HOT MIX INSTALLED 100 - 399 TN $ 138.00 LARGE PROJECTS W/O COMPACTION MONITORING Item Description Qty UOM Unit Price 33 SP 9.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 118.00 34 SP 12.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 116.00 LARGE PROJECTS W/ COMPACTION MONITORING Item Description Qty UOM Unit Price 35 SP 9.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 120.00 36 SP 12.5 / HOT MIX INSTALLED 400 & ABOVE TN $ 118.00 CLASS III ASPHALT (SIDEWALKS, BIKE PATHS, PARKING LOTS, ALLEYWAY, PAVED DITCH, MISC. PAVING): Unit price information refer to the solicitation document, I. Work Specifications, Section 3. , subsection 3.3. SMALL PROJECTS AND SPOT REPAIRS Item Description Qty UOM Unit Price 37 SP 9.5 / HOT MIX INSTALLED 1 - 49 TN $ 250.00 38 SP 12.5 / HOT MIX INSTALLED 1 - 49 TN $ 250.00 MEDIUM PROJECTS Item Description Qty UOM Unit Price 39 SP 9.5 / HOT MIX INSTALLED 50 - 199 TN $ 208.00 Page 2 of 5 Item Description Qty UOM Unit Price 40 SP 115 / HOT MIX INSTALLED 50 - 199 TN $ 206.00 LARGE PROJECTS Item Description Qty UOM Unit Price 41 SP 905 / HOT MIX INSTALLED 200 & ABOVE TN $ 148.00 42 SP 115 / HOT MIX INSTALLED 200 & ABOVE TN $ 146000 OTHER PAVEMENT RELATED WORK: Unit price includes traffic control plan, Temporary Traffic Control, Mobilization, Demobilization, supervision, labor, materials, equipment, and disposal. LIMEROCI{ CONVERSION PREPARATION Item Description Qty UOM Unit Price 43 FINE GRADE, COMPACT AND PREPARE SURFACE FOR PRIME AND SANDING 1 - 3500 SY $ 9.00 44 FINE GRADE, COMPACT AND PREPARE SURFACE FOR PRIME AND SANDING 3501 - 105000 SY $ 9400 45 FINE GRADE, COMPACT AND PREPARE SURFACE FOR PRIME AND SANDING 103000 & UP SY $ 9600 46 LIMEROCK AND DELIVERY (Project related) 20 TN $ 31.70 PRIME & SAND MIX Item Description Qty UOM Unit Price 47 SMALL PROJECTS 0 - 3500 SY $ 3650 48 MEDIUM PROJECTS 3501 - 105000 SY $ 3.50 49 ILARGE PROJECTS 103000 & ABOVE SY $ 3050 SHOULDER TRIMMING AND REGRADING Item Description Qty UOM Unit Price 50 SHOULDER TRIMMING & REGRADING 1 - 105000 LF $ 4000 51 SHOULDER TRIMMING & REGRADING 10,001 & ABOVE LF $ 4800 GEOTEXTILE INTERLAYER Item Description Qty UOM Unit Price 52 SMALL PROJECTS 0 - 3500 SY $ 535 53 MEDIUM PROJECTS 3501 - 10,000 SY $ 5.35 54 ILARGE PROJECTS 10,000 & ABOVE SY $ 5020 SWALE REWORK Item Description Qty UOM Unit Price 55 SIX FEET (61) WIDE UP TO ONE FOOT (11) DEEP 1 LF $ 10000 56 SIX FEET (61) WIDE X ONE FOOT (F) PLUS 1 LF $ 10,00 BASE WORK PREPARATION Item Description Qty UOM_j Unit Price 57 FOUR INCH (411) COMPACTED DEPTH I SY $ 40.00 Item Description Qty UOM Unit Price 58 SIX INCH (611) COMPACTED DEPTH I SY $ 45.00 59 EIGHT INCH (811) COMPACTED DEPTH 1 SY $ 50.00 60 TWELVE INCH (1211) COMPACTED DEPTH 1 SY $ 55.00 SHOULDER WIDENING Item Description Qty UOM Unit Price 61 EIGHT INCH (811) COMPACTED DEPTH 1 SY $ 85.00 62 TWELVE INCH (1211) COMPACTED DEPTH I SY $ 98.00 SHOULDER BACKUP W/ AGGREGATE Item Description Qty UOM Unit Price 63 SHOULDER BACKUP 1 - 500 TN $ 35.00 64 SHOULDER BACKUP 501 & ABOVE TN $ 35.00 SOD WITH INSTALLATION t65 Description Qty UOM Unit Price BAHIA 1SF $ 5.00 FLORATAM 1 SF $ 5.00 67 ZOYSIA 1 SF $ 5.00 SPEED TABLE INSTALLATION 68 TRAFFIC CALMING DEVICE 1 EA $ 19500600 SURFACE PROTECTION Item Description Qty UOM Unit Price 69 SAND 1 CY $ 15.00 71 BOARDS 1 SY $ 10.00 ASPHALT CURB Item Description Qty UOM Unit Price 71 ASPHALT CURB 1 LF $ 100.00 MISCELLANEOUS SERVICES AND LABOR Item Description Qty UOM Unit Price 72 WATER TRUCK W/OPERATOR & WATER 1 HR $ 80.00 73 SWEEPER W/OPERATOR 1 HR $ 175.00 74 DISTRIBUTOR TRUCK W/ OPERATOR 1 HR $ 130.00 75 DUMP TRUCK W/OPERATOR 1 HR $ 95.00 76 LIGHTING PLANT PER DAY 1 EA $ 60.00 77 PORTABLE VARIABLE MESSAGE SIGN PER 1 EA $ 25.00 DAY 78 OFF DUTY LAW ENFORCEMENT 1 HR $ 95.00 OFFICER W/MARKED VEHICLE 79 SUPERINTENDENT 1 HR $ 93.00 Item I Description Qty UOM Unit Price 80 FOREMAN 1 HR $ 75.00 81 OPERATOR 1 HR $ 47.00 82 LABORER 1 HR $ 37.00 MATERIALS: Collier County to pickup materials - the pickup location must be within the borders of Collier County. Item Description Qty UOM Unit Price 83 ASPHALT COLD PATCH 1 TN $ 150.00 84 SP 9.5 / ASPHALT HOT MIX 1 TN $ 72.00 85 SP 12.5 /ASPHALT HOT MIX I TN $ 71.00 86 FC 5 / ASPHALT HOT MIX 1 TN $ 144.00 87 FC 9.5 / ASPHALT HOT MIX 1 TN $ 122.00 88 FC 12.5 / ASPHALT HOT MIX 1 TN $ 114.00 89 LIMEROCK - COUNTY PICKUP 20 TN $ 20.00 90 TRACKLESS TRACK 1 GAL $ 4.00 Material Markup not to exceed 15% Equipment Markup not to exceed 10% Subcontractor Markup not to exceed 15% *Markups are only applicable as identified in Section 5.14 of Scope Page 5 of 5 Description: Other Exhibit/Attachment Payment and Performance Bonds ❑0 following this page (containing 6 pages) ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement [2024_ver.3] BONDS When a construction project !Sin excess of $200,000, the ContraCtOr(s) shall be required to provide Payment and Performance Bonds. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractorto any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished usingthe forms prescribed in Exhibit "BI " and Exhibit"B-2", attached hereafter. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. EXHIBIT B — I a PUBLIC PAYMENT BOND Bond No, Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal/Contractor, and located at as Surety, (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Oblige in the sum of (s 24-8259 ) this includes allowance for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors, and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _day of with Oblige for (Pr(Yect) in 20_ accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is 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 its governing body. day of 20_, the name of undersigned representative, pursuant to authority of [2024_ver,1 ] Signed, sealed and delivered in the presence of: PRINCIPAL/CONTRACTOR: 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 to me OR has produced not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) SURETY: Authorized Signature (Printed Name) STATE OF _ COUNTY OF of corporation, on behalf of the corporation (Signature of Notary) (Legibly Printed) Notary Public, State of Commission No.: He/She is personally known identification and did (did 5701 E. Hillsborough Ave. Suite 1122 Tampa, FL 33610 (Business Address) The foregoing instrument was acknowledged before me by means of _physical presence or _online notarization, this _day of 20_ by , as tme OR has produced not) take an oath. o My Commission Expires: AFFIX OFFICIAL SEAL) ( of 0 corporation, on behalf of the corporation. He/She is personally known identification and did (did (Signature of Notary) (Legibly Printed) Notary Public, State of Commission No.: YIN FACT OR POWER OF ATTORNE [2024_ver.1 ] As Attorney in Fact Signature (Attach Power of Attorney (Printed Name) Craig Ketron 813-612-5740 (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 to me OR has produced My Commission Expires: (AFFIX OFFICIAL SEAL) corporation, on behalf of the corporation. He/She is personally known (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: [2024_ver.1 ] EXHIBIT B — 2: PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal/Contractor, and located at as Surety, (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Oblige in the sum of ($ 24-8259 ), in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs, and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise, it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 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 I Signed, sealed and delivered in the presence of: PRINCIPAL/CONTRACTOR: 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 to me OR has produced not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) SURETY: Authorized Signature (Printed Name) STATE OF COUNTY OF Preferred M of corporation, on behalf of the corporation (Signature of Notary) (Legibly Printed) Notary Public, State of Commission No.: 0 He/She is personally known _ identification and did (did 5701 E. Hillsborough Ave. Suite 1122 Tampa, FL 33610 (Business Address) The foregoing instrument was acknowledgec online notarization, this _day of as before me by means of _physical presence or of corporation, on behalf of the corporation to me OR has produced not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) (Legibly Printed) Notary Public, State of _ Commission NO.: E� He/She is personally known _ identification and did (did [2024_ver.1 ] / A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) g/23/2024 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 Liberty Mutual Insurance Co. National Insurance East 500 N 3rd St, Suite 300 Wausau, WI 54403 CONTACT NAME: Valerie Reece PHONE FAX A/C No Ext : 513-867-3822 A/C No), E-MAIL ADDRESS: Oldcastle.certs Libert Mutual.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Liberty Mutual Fire Insurance Company 23035 www.LibertyMutual.com INSURED Preferred Materials, Inc. (216-TAM) 5701 E. Hillsborough Avenue, Suite 1122 INSURERB: Liberty Insurance Corporation 42404 INSURERC: INSURERD: Tampa FL 33610 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 82021771 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 ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A ✓ COMMERCIAL GENERAL LIABILITY ✓ ✓ TB2-C81-004095-114 9/1/2024 9/1/2025 EACH OCCURRENCE $2,000,000 CLAIMS -MADE ✓ OCCUR Primary/Non-Contributory XCU Coverage Included DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 ✓ MED EXP (Any one person) $ 50,000 ✓ Separation of Insured PERSONAL &ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ✓� JE� LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY ✓ ✓ AS2-C81-004095-124 9/1/2024 9/1/2025 Co aBcdeDtSINGLE LIMIT $2,000,000 ✓ BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY AS2-C81-054502-524 Physical Damage only:PROPERTY y 9Per Comprehensive Ded $10,000 9/1/2024 9/1/2025 BODILY INJURY (Per accident) $ DAMAGE accident) ccident $ $ Collision Ded $10,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N N/A ✓ WA7-C8D-004095-024 All except OH, ND, WA, WY 9/1/2024 9/1/2025 ,/ SPER TATUTE OERH E.L. EACH ACCIDENT $ 1 ,000,000 B (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below WC7-C81-004095-014 WI, MN 9/1/2024 9/1/2025 E.L. DISEASE - EA EMPLOYEE $ 1 000 000 E.L. DISEASE - POLICY LIMIT $ 1 ,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: #24-8259 Asphalt Maintenance and Related Services Collier County. Collier County Board of County Commissioners, Collier County, it's Commissioners, officers, agents, employees and volunteers are listed as additional insured with regards to the general liability and automobile liability policies, on a primary and non-contributory basis, where required by written contract. Wai 30-day Notice of Cancellation. Liberty Mutual Insurance: A Excellent - A.M. Best Rating. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiaml Trail E. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Naples FL 34112 AUTHORIZED REPRESENTATIVE Valerie Reece ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 82021771 1 8-004095 1 09.24-09.25 Standard 10-2 Excess AUTO I Connie Myszka 1 9/23/2024 7:03:40 PM (CDT) I Page 1 of 1 -C Collier County INSURANCE REQUIREMENTS COVERSHEET Project Name "Asphalt Maintenance and Related Services" Vendor Name Preferred Materials,lnc. Solicitation/Contract No. 24-8259 Attachments Risk Approved Insurance Requirements ❑ Risk Approved Insurance Certificate(s) Comments Attachments Approved by Risk Management Division Approval: INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. ® 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:Hgpps.fldfs.com/bocexempt/ 2. ® Employer's Liability $_1,000,000_ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $_2,000,000_single limit per occurrence, $3,000,000 aggregate for Bodily Injury 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 ContractorNendor 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 noted: ❑ Watercraft $ Per Occurrence 7. ❑ Bid bond ❑ 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 ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution ❑ Professional Liability ❑ Project Professional Liability $ ❑ Valuable Papers Insurance ❑ Cyber Liability ❑ Technology Errors & Omissions Per Occurrence Per claim & in the aggregate Per Occurrence Per Occurrence Per Occurrence Per Occurrence ....................................................................................................................................................................................................................................................... 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 Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed 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 County 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 — 4/25/24 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. Coi[.ier Count y Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR ASPHALT MAINTENANCE AND RELATED SERVICES SOLICITATION NO.: 24-8259 SARAH HAMILTON, ASSISTANT DIVISION DIRECTOR PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-4270 Sarah.Hamiltonkcolliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Bidder may be grounds for rejection of the bid, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 24-8259 PROJECT TITLE: ASPHALT MAINTENANCE AND RELATED SERVICES DUE DATE: WEDNESDAY, JUNE 12, 2024 at 3:00 PM EST PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: http s://procurement. opengov. com/portal/collier-count INTRODUCTION As requested by the Road, Bridge, & Stormwater Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. The Division utilizes contractual services and in-house crews for asphalt maintenance services. Historically, County departments have spent approximately $38,730,000 from 2018 through 2024; however, this may not be indicative of future buying patterns. BACKGROUND The Division utilizes in-house labor and contractual services to maintain roads, bridges, sidewalks, roadside ditches, drainage culverts, storm drain system curb inlets, curbs, and gutters throughout Collier County. TERM OF CONTRACT The contract term, if an award(s) is/are made, is intended to be for three (3) years, with two (2) one (1) year renewal options. Prices shall remain firm for the first 365 days of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. AWARD CRITERIA ITB award criteria are as follows: ➢ The County's Procurement Services Division reserves the right to clarify a vendor's submittal prior to the award of the solicitation. ➢ It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value to the County. ➢ For the purposes of determining the winning bidder, the County will select the vendor with the lowest price as outlined below: • Lowest Total Bid ➢ Collier County reserves the right to select one, or more than one suppliers, award on a line item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: Page 1 of 9 • Identify Primary, Secondary, and Tertiary Awardees ➢ The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. DETAILED SCOPE OF WORK The scope of services under this agreement includes but is not limited to milling, paving, limerock road conversions, potholes and spot repairs, grading, overlays, tack coat placement with plant mix asphaltic concrete compacted, and all other services related to asphalt repair and maintenance projects in Collier County right-of-way and county -owned or managed properties throughout Collier County. The County Project Manager shall request work on an as -needed basis. Work requests valued at $200,000 or greater require the Contractor to submit public performance and payment bonds. Bid Schedule - Unit of Measure [UOM] glossary: Cubic Yard = CY; Each = EA; Gallon = GAL; Hourly Rate = HR; Linear Foot/Feet = LF; Lump Sum = LS; Mile = Mile; Square Feet = SF; Square Yard = SQ YD; Ton = Ton; Temporary Traffic Control/Maintenance of Traffic (MOT/TTC). I. WORK SPECIFICATIONS: Unless directed by the County Project Manager, the governing standards for work under the agreement are as follows. ■ State of Florida Department of Transportation [FDOT], Standard Plans for Roadway and Bridge Construction, current edition. • Standard Specifications Librga (fdot.gov) ■ FDOT Temporary Traffic Control/Maintenance of Traffic, current index. • Temporary Traffic Control (Maintenance of Traffic) (fdot.gov) ■ U.S. Department of Transportation, Federal Highway Administration, Manual of Uniform Traffic Control Devices [MUTCD], current edition. • Manual on Uniform Traffic Control Devices (MUTCD) - FHWA (dot.gov) Milling: The unit price includes traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization, MOT/TTC, sweeping, and disposal. 1.1. Milling of Existing Asphalt Pavement [FDOT 3271: The average milling cut depth to remove an asphalt layer shall be approximately 1 to 3 inches. The County Project Manager will determine the milling depth; the Contractor may need to obtain bore samples throughout the project area randomly or as directed by the County Project Manager, at no additional cost to the County. 1.1.1. When milling to remove a layer of asphalt material, remove the existing pavement to the average depth specified in the plan or work order in a manner that will restore the pavement surface to a uniform cross-section and longitudinal profile. 1.1.2. Remove existing reflective pavement markers ["RPM"]. 1.1.3. No additional payment beyond the milled area will be paid for removing existing asphalt speed tables. 1.1.4. Damage to the milled surface by traffic shall be repaired at the Contractor's expense. 1.1.5. County Project Manager, at their discretion, may request retainage of up to 25% of the millings generated. The retained millings shall be hauled and delivered to a designated location by the County Project Manager. The cost for loading and hauling millings is the dump truck with operator hourly rate. 1.1.6. Milling is measured in square yards. 1.2. Rebate/Bump Milling: Work may require large or small machine milling to create a smooth transition with existing asphalt or other surrounding structures for the smooth transition from existing to newly placed asphalt when only an overlay is done. 1.2.1. The Contractor shall mill a rebate to provide a smooth transition with the existing pavement by varying the milling depth at 1" per 30' of longitudinal distance. 1.2.2. Rebate/Bump milling is not a separate pay line item; it shall be considered part of the hot mix asphalt ["HMA"] per - ton pay item. 1.3. Additional milling information: Pave milled areas before opening the roadway to traffic; unless permitted by the County Project Manager. At the Contractor's request and the County Project Manager's authorization, allowing traffic on milled surface areas before paving may be permissible for up to 3 days. Any damages or additional surface cleaning on milled areas before paving is at the Contractor's expense to repair or clean before paving; at no additional cost to the County. 1.3.1. "Groove Pavement" and "Uneven Lanes" signage is required to warn motorists. 1.3.2. Any transverse drop-off greater than 1 inch shall be shimmed with hot and/or cold mix to provide a smooth transition Page 2 of 9 for traffic. The cost to replace and remove is included in the milling line item. 2. Grinding: The unit prices FDOT Standard Plan Index 352 Grinding Concrete Pavement. This item is intended for grinding concrete pavement, concrete bridge approaches, and concrete decks to allow for the placement of a specified layer of asphalt concrete. 2.1. When milling concrete, an average depth of cut shall be between zero and 2 inches. The County Project Manager will determine the depth of the milling for the project. 2.2. Grinding is measured in square feet. 3. Asphalt Project Class Types: Class I through Class III Asphalt includes the following categories: small projects and spot repairs, medium projects, large projects, large projects without compaction monitoring, and large projects with compaction monitoring. There are no bituminous adjustments for asphalt for spot repairs. 3.1. Class I Asphalt (Resurfacing Projects): The unit prices include traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization, MOT/TTC, grading back the pavement edge, milling the existing surface when required (an additional pay item), sweeping the existing pavement surface, providing the asphalt tack material and tacking the existing pavement, providing the asphalt hot mix and laying the asphalt in place, and rolling the asphalt surface with both a steel wheel compactor and a rubber -tire roller leaving a smooth defect -free surface. 3.2. Class II Asphalt (Paving over Prepared Surfaces): The unit prices include traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization, MOT/TTC, sweeping the surface as directed by the County Project Manager, providing the hot asphalt mix, laying the asphalt in place, and rolling the asphalt surface with a steel wheel compactor and a rubber -tire roller, leaving a smooth, defect -free surface for each roadway that has been primed and sanded/lean mixed. 3.3. Class III Asphalt (Sidewalks, Bike Paths, Parking Lots, Alleyway, Paved Ditch, Miscellaneous Paving): The unit prices include traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization, MOT/TTC, grading back pavement edge, milling the existing surface when required under another unit price, sweeping the existing paving surface or primed and sanded area, providing the asphalt tack materials, tacking the existing surface, providing the asphalt hot mix, laying the asphalt in place, rolling the asphalt surface with both a steel wheel compactor and a rubber -tire roller leaving a smooth defect -free surface. 4. Asphalt Installations: The asphalt concrete materials installed under this Contract shall conform to FDOT specifications, including the plant and methods of operation for preparing plant -mixed hot bituminous mixtures of asphaltic concrete and the requirements for the equipment being used and the placement. Reference is made to FDOT § 320, 330, 334, 337, and 339; unless otherwise stated, payment shall be per ton of material placed and accepted. The unit prices include traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization, MOT/TTC, sweeping, and disposal, as required. 4.1. The County Project Manager may request the Contractor to fill in asphalt cracks and holes for surfaces not being milled and apply a tack coat on the surfaces being patched and/or repaired. Payment method: Class I through III Asphalt for small projects and spot repairs. 4.2. Asphalt overlays typically range from 1/2-inch to 3-inch courses. 4.3. Posted speeds of 35 MPH or greater, with an Annual Average Daily Traffic "AADT" greater than 3,500, will require friction courses for pavements. 4.4. The Contractor shall control the compaction of the asphalt in the following manner. The placement of the asphalt mixture, including the construction of the test section, shall not begin unless a density gauge and a certified operator are present. 4.4.1. Test Section: The Contractor shall place and compact a test section on the mainline with a maximum of 1,500 linear feet in one lane to establish the Project Target Density (PTD) using the "peak" method. The County Project Manager will approve the location of the test section on the first day of paving. Include the cost in the various HMA line items. 4.4.1.1. The Contractor shall use the same equipment and procedures to construct the remainder of the course. The first 300 feet of the test section shall stabilize the paving operation. Initially, the mixture shall be compacted with a breakdown roller. The County Project Manager will divide the remaining section of the test strip into thirds, randomly select a location from each section, and mark the sites so that subsequent density testing can be done at the same locations. 4.4.1.2. The Contractor shall make necessary vibratory and static passes to "peak" the pavement density such that the density gauge reading shall yield a density of at least 93% of the Mixtures Maximum Theoretical Density (MMTD). The producer of the material will provide the MMTD. 4.4.1.3. The Contractor shall provide the County Project Manager with two loose samples from an independent laboratory for verification testing. The Contractor shall take density readings at the three selected sites after every additional machine passes until a "peak" density is achieved. A "peak" density is achieved when the increase in density is less than 2 lbs./ft3, and it typically occurs when the pavement is compacted at 175°F or Page 3 of 9 less. The Contractor shall stop further compaction if the pavement shows signs of distress. 4.4.1.4. The PTD is the average of the highest density readings from each random location. The calculated PTD shall be used to monitor the pavement density. The County Project Manager may request pavement cores to verify the PTD. The Contractor shall take four randomly located samples and provide them to the County Project Manager for testing at a laboratory designated by the County Project Manager. After collecting the test samples, the Contractor shall fill the core holes with HMA. 4.4.1.5. The Contractor shall begin routine paving only after the PTD has been established. Density readings shall be taken every 200 feet along the length of the pavement for each paver pass at locations randomly selected by the County Project Manager. Record the readings on the project form based on the type of gauge used. The minimum density reading shall be at least 97% of the PTD at a single test location and 98% of the PTD calculated as a moving average of the last 10 test locations. 4.4.1.6. If density gauge readings over two consecutive locations fall below 97% of the PTD or the moving average of the last 10 density gauge readings falls below 98% of the PTD. Stop routine paving operations and construct a new test section. 4.4.1.7. The Contractor shall utilize the same compaction effort on the shoulders, ramps, widening, and crossovers to achieve the PTD. Density will be monitored but will not be required for payment purposes. Record the density readings on the project form. If the shoulder subbase is structurally insufficient to sustain the level of compaction and shows signs of distress, the Contractor shall decrease the compaction to prevent damage to the shoulder or subbase. 4.4.1.8. In the following situations, the County Project Manager may request pavement samples from the Contractor at no cost to the County for asphalt placement density verification. 4.4.1.8.1. Insufficient density readings were not recorded or at the specific location required frequency. 4.4.1.8.2. Paving was completed after the only density gauge on -site broke down. 4.4.1.8.3. Gauge readings do not accurately represent the asphalt pavement density. 4.5. Apply a tack coat on all surfaces for overlay [FDOT Section 300. Prime and Tack Coats]. The cost is included in the unit price of hot mixed asphalt items. 4.6. A truing and leveling (T&L) course may require several courses before correcting pavement geometry. The Contractor shall apply tack coats between lifts. The cost is included in the hot mixed asphalt unit price. 4.7. Basic paving operations include cleaning/sweeping the surface, applying a tack coat, supplying asphalt hot mix, laying the hot mix in place, and rolling the asphalt surface with a steel wheel compactor and a rubber -tire roller for a smooth, defect -free surface. The cost is included in the hot mixed asphalt unit price. 4.8. The Contractor shall provide termination rebates at the ends of the roadway segment and all side road intersections described in Rebate/Bump Milling for a project not requiring overall milling and inlaying. The cost is included in the unit price of hot mix asphalt items. 5. Other Pavement Related Work 5.1. Limerock Conversion Preparation: The unit price includes traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization, MOT/TTC, sweeping, and disposal. The Contractor shall grade and reshape designated sections of the roadway with a limerock surface in preparation for asphalt concrete paving. 5.1.1. The Contractor shall provide a survey and stakeout, producing line and grade for a roadway with two 10-foot lanes with a normal crown (2%-2%) geometry. 5.1.2. Grading operations are to extend one foot beyond the expected edge of the pavement. The Contractor shall scarify the existing limerock base and add/remove limerock as necessary to meet the desired grade. The finish grade shall be compacted and smooth with no defects. The finished grade will be within 1/4" of the true grade. 5.1.3. Upon acceptance by the County Project Manager, the Contractor shall prime and sand the prepared surface. 5.1.4. The Contractor shall pave the prepared area with a 2" lift of SP12.5 HMA w/o compaction monitoring. 5.1.5. After paving is completed, the Contractor shall back up any drop-offs at the edge of the pavement. 5.1.6. The unit of measure is square yard (SY). 5.2. Prime & Sand Mix: The unit price includes a traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization, MOT/TTC, sweeping, and disposal. Prime and sand an area after the base material has been prepared to protect the surface before the asphalt is laid in place. 5.2.1. All work shall conform to FDOT specifications unless directed by the County Project Manager. 5.2.2. This item may be used to apply other surface treatments as requested by the division. 5.2.3. The unit of measure is square yards (SY). 5.3. Shoulder Trimming and Regrading: The unit price includes a traffic control plan, supervision, labor, materials, equipment, Page 4 of 9 mobilization/demobilization, MOT/TTC, sweeping, and disposal. When specified, the Contractor shall cut, regrade, and remove excess shoulder material to restore positive drainage from the edge of the pavement/shoulder to the roadside swale. 5.3.1. Work includes segments containing guardrails. 5.3.2. All disturbed areas shall be seeded and mulched. 5.3.3. The unit of measure is linear feet (LF). 5.4. Geotextile InterlUer: The unit price includes a traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization, MOT/TTC, sweeping, and disposal. As requested, the Contractor will provide and install a geotextile interlayer that meets non -woven polypropylene or polyester fiber material requirements. 5.4.1. The material shall have a minimum tensile strength of 90 lbs. and an asphalt retention minimum of 0.18 gallons/square yard (SY). Submit the manufacturer's specification sheet to the County Project Manager for review and approval. 5.4.2. Install in accordance with the manufacturer's recommendations. 5.4.3. Any damages to the geotextile before paving will be at the Contractor's expense to repair the damages at no cost to the County. 5.4.4. The unit of measure is square yards (SY) of the covered area with no additional fees for overlaps. 5.5. Swale Rework: The unit price includes a traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization, MOT/TTC, sweeping, and disposal. The unit of measure is linear feet (LF). 5.6. Base Work Preparation and Shoulder Widening: The unit price includes a traffic control plan, supervision, labor, materials, equipment, mobilization/demobilization, MOT/TTC, sweeping, and disposal of excess spoils. The Contractor excavates and places new base material to the specified depth. 5.6.1. The Contractor may use Class II HMA, Class III HMA, or limerock as new base material. 5.6.2. After excavation and before placement of the new base, the Contractor shall seal and roll the surface. The material will be placed and compacted. 5.6.3. The unit of measure is square yards (SY). 5.7. Shoulder Backup w/ Aggregate: The unit price includes a traffic control plan, supervision, labor, materials, equipment, mobilization/demobilization, MOT/TTC, sweeping, and disposal. The Contractor shall address all pavement edges with a drop-off of 1" or more before paving is completed. 5.7.1. The Contractor shall place and compact an aggregate material approved by the County Project Manager. 5.7.2. The material shall be placed as a wedge at a rate of 1" per 1' of width. 5.7.3. The unit of measure for aggregate material is by ton (TN). 5.8. Sod with Installation: The unit price includes sod, a traffic control plan, mobilization, demobilization, MOT/TTC, supervision, materials, labor, and equipment to prepare and grade the area with suitable fill, install sod, initial watering, and disposal. The unit of measure is square feet (SF). 5.9. Speed Table Installation: The unit price for traffic calming devices includes a traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization, MOT/TTC, sweeping, and disposal. Install asphalt speed tables per the specifications provided. The unit of measure is each (EA). 5.10. Surface Protection: The unit price for traffic calming devices includes a traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization, MOT/TTC, sweeping, and disposal. The Contractor shall protect pavers, brick, decorative stone, stencils, etc., in areas such as, but not limited to, crosswalks, entrances, and driveways, as requested by the County Project Manager. The protection will prevent damage by distributing the weight and providing a buffer from heavy equipment and machinery traveling over them. The Contractor is responsible for any damages, and the repairs are at no cost to the County. 5.10.1. Boards: The unit of measure is square yards (SY). The unit price includes delivery to the job site, installation, and removal. 5.10.2. Sand: Install a minimum sand layer of 2 inches. The unit of measure is a cubic yard (CY). The unit price includes sand delivery, installation, and removal by sweeping sand from the site, and haul -away. 5.11. Asphalt Curb: The unit price includes a traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization, MOT/TTC, sweeping, and disposal. The unit of measure is linear foot (LF). 5.12. Miscellaneous Services and Labor: These line items are for additional services not included in the bid unit prices. The unit Page 5 of 9 of measures are each (EA) or hourly (HR). 5.13. Materials: Collier County will pick up materials. The pickup location must be within the County's borders. The unit of measures are ton (TN) or gallon (GAL). 5.14. Markups: There is no markup on tax and freight. Markups are for other work not listed on the bid schedule. 5.14.1. Material Markup: Material markup is 15 percent. The Contractor shall provide receipts with the invoice for reimbursement for materials exceeding $500.00. 5.14.2. Equipment Markup: Equipment markup is 10 percent. The Contractor shall email the County Project Manager the rental equipment estimate for approval. 5.14.3. Subcontractor Markup: Subcontractor services markup is 15 percent. The Contractor shall email the estimate to the County Project Manager for approval to use subcontractor services. II. GENERAL INFORMATION 1. Work Commencement: The work shall commence with the issuance of a purchase order. 2. Work Hours: The County Project Manager may require the Contractor to work different hours as requested. There is no additional compensation for working on weekends, holidays, or evening hours. 2.1. Monday through Friday from 7:00 a.m. to 5:00 p.m. 2.2. Evening hours are 8:00 p.m. to 6:00 a.m. Due to traffic volumes, local ordinances, and extreme weather, the County Project Manager may require work to be done in the evening. 3. Night Work: The Division may require work to be progressed at night due to traffic volumes, local ordinances, and extreme weather. 3.1. The Contractor shall submit a lighting plan to the County Project Manager for review and approval five (5) business days before the work starts. The plan must illuminate the work area with a minimum intensity of 5 (five) ft-cd (541x). Illumination sources may be from portable floodlights, existing streetlights, equipment lighting, or other allowed sources. 3.2. Supplemental lighting must be arranged to prevent interference with traffic or produce undue glare to property owners. Should the TTC/MOT plan require flaggers to control traffic, the flagging station shall be illuminated at 10 ft-cd, so the flagger is visible to traffic. 3.3. The Contractor shall provide a light meter to monitor illumination levels. The Contractor shall furnish, place, and maintain portable variable message signs ["PVMS"] to alert approaching motorists of lighted construction zones ahead. All equipment shall be fitted with amber flashing lights or LED strobes. To maintain project MOT, the Contractor shall ensure an ATSSA Certified Worksite Supervisor is always on -site during nighttime operations. 3.4. The cost of nighttime operations is included in the various bid item unit prices. 3.5. Additional costs are authorized for the lighting plant as a per -day item [Miscellaneous Services and Labor]. The unit is each (EA). 3.6. Additional costs are authorized for PVMS as a per -day item [Miscellaneous Services and Labor]. The unit is each (EA). 4. Work Requests: County Project Managers will request work from the Primary Contractor. If the Primary declines the work in writing, the County Project Manager may request work from the Secondary Contractor, and if the Secondary Contractor declines the work in writing, the County Project Manager will request work from the Tertiary Contractor. Contractors' Agreements may be subject to termination if they continually decline work requests. During any notice of termination, default, breach, or suspension, the County shall have the full authority to utilize the Secondary Contractor as the Primary Contractor and the same for the Tertiary Contractor. 5. Lane Closures: Lane closures are not permitted between 7:00 a.m. and 9:00 a.m. and 3:30 p.m. and 6:30 p.m. on weekdays. Lane closures require TTC with proper placement of lane -closed signs, pre -warning signs, arrow boards, traffic cones, etc. 6. Road Alert (Mandatory Requirement): Any lane closures require the Contractor to submit the Road Alert Notification Form for Lane Closures and Road Closures via email to Collier County Transportation Management Services Department. Link to Download the Road Alert form: hLtps://www.colliercountyfl.gov/,govemment/transportation-management-services/services/construction-and- maintenance-public-information/road-alerts 7. Utilities: The Contractor shall exercise precautions while working near utilities. Before digging, the Contractor must call Sunshine 811 at 811 or 800-432-4770, Monday through Friday, from 7:00 a.m. to 5:00 p.m. Sunshine 811 needs two (2) full business days' notice. Any damage to utilities is the Contractor's sole responsibility and at no cost to the County. Page 6 of 9 8. Work Delays: If work is delayed, notify the County Project Manager immediately and follow up with an email stating the cause of the delay within 48 hours. 9. Damaaes: The Contractor is responsible for exercising care at the project site. If the Contractor causes damage, they will be required to repair them at no cost to the County. The Contractor shall repair damages within 10 calendar days from the date of damage or as agreed upon by the County Project Manager. It shall be at the Division's discretion to withhold estimated damage costs from an invoice until the repairs are completed and accepted. 10. Inspections: Onsite inspections may occur to monitor work progress and when the work is completed. The Contractor is to contact (by phone or email) the County Project Manager and Inspector when the project is completed. 10.1. The County Inspector will notify the Contractor when the finished work fails to comply with the specifications. 10.2. The Contractor shall immediately cure the deficient work, ensuring it complies with the specifications. 10.3. The Contractor shall notify the County Inspector when deficient work is ready for re -inspection. 10.4. The County may perform a final inspection of the work or request photographic evidence. The County will inform the Contractor of any necessary repair work not completed. 10.5. The Contractor shall immediately complete all incomplete work and arrange another re -inspection. 10.6. There will be no cost to the County for the Contractor to correct deficient work. 11. Bituminous Adjustments: Bituminous adjustments apply under the Contract. A primary cost factor of this bid is based on the price of petroleum, and the conditions in this market are highly unstable and beyond the Contractor's control. Therefore, the prices bid for asphalt may be adjusted each month based on the increased or decreased cost of liquid asphalt. 11.1. FDOT Specifications for Road and Bridge Construction, latest edition, Section 9-2.1.2 ($ Adjustment = (Index Difference) (Gallons)). FDOT Asphalt Price Index will determine the adjustment. 11.2. Bituminous adjustments will be made only when the current API (CAPI) varies by more than 5% of the API prevailing in the month when bids were received (BAPI) and only on the portion that exceeds 5%. 11.2.1. Adjustments are based on liquid asphalt content at 6.25% per ton, equal to 125 pounds. Assuming liquid asphalt weighs 8.58 pounds per gallon, which equals 14.57 gallons of liquid asphalt per ton of asphalt. 14.57 is multiplied by the FDOT asphalt Price Index difference, and that calculation will then be added or subtracted from the original bid price to make the adjusted asphalt price for that month. 11.2.2. Each increase or decrease shall be sent to the County Project Manager, showing the price changes and substantiating the change with a copy of the current month's FDOT Asphalt Price Index (API). 11.2.3. The Asphalt Index Price for this Contract is April 2024. 12. Meetings: Either party may request meetings throughout the contract term, requiring mandatory attendance. The County does not incur additional costs for meetings. 13. Maintenance of Traffic (MOT/Temporary Traffic Control (TTC): The Contractor is responsible for setting up MOT/TTC with the right equipment and proper placement of lane closed signs, pre -warning signs, arrow boards, traffic cones, message boards, warning devices, barriers, or flagmen. 13.1. The Contractor is responsible for maintaining MOT/TTC while performing services in the right-of-way and roadways. 13.2. MOT/TTC is a requirement for the safety and protection of the Contractor's employees and motorists during service performance. 13.3. It is the Contractor's sole responsibility for safety in the work zone. 13.4. The Contractor must conform to the latest edition of the FDOT, Design Standards, 600 series, and The Manual on Uniform Traffic Control Devices (MUTCD). 13.5. The Contractor is responsible for the MOT/TTC plan, equipment, and setup. 13.6. The certified MOT/TTC employee will meet the County Project Manager or designee within twenty (20) minutes of the initial contact to address work zone safety issues. 13.7. MOT/TTC setup that does not comply, the County will cease operations until MOT/TTC is corrected per the FDOT standards and MUTCD. 14. Work Zone Safety: The Contractor shall use caution while working on County Right -of -Way (ROW) (i.e., roads, sidewalks, bike paths, etc.), roadway medians, in or around County -owned or operated facilities. 14.1. American National Standards Institute/International Safety Equipment Association (ANSI/ISEA) Class 2 or 3 Vests, T-shirts, or similarly labeled garments depending on the time of day. 14.2. Appropriate work zone signage, cones, barricades or barrels, arrow panels, flagging personnel, and stop/slow paddles. Page 7 of 9 14.3. An applicable work zone TTC plan based on FDOT and/or MUTCD designs on site. 14.4. The Contractor will maintain access for residents and commercial properties with minimal delays to the traveling public. 15. Licensing / Certifications: Submit valid licenses and certifications with bid submittal, or prior to Notice of Recommended Award. 15.1. Submit one of the following licenses: State of Florida Certified General Contractor, Collier County General Contractor, State of Florida Certified Building Contractor, Collier County Building Contractor, or Collier County Paving Contractor. 15.2. FDOT Prequalified Contractor for Work Classes: Flexible Paving and Hot Plant -Mixed Bituminous Courses. 15.3. Temporary Traffic Control (TTC) or Maintenance of Traffic (MOT), Intermediate Level Certification. 16. Letter of Bondability: The Contractor is to submit a Letter of Bondability from the Surety Company (not the surety agent) showing the bonding capacity of $200,000.00 and more. The Letter of Bondability must be submitted with bid submittal, or prior to Notice of Recommended Award. 16.1. Any issuer of a Letter of Bondability must be licensed to transact fidelity and surety business in Florida and have an A.M. Best rating of A -(Excellent) or better. 16.2. If the surety agent is named on the Surety's Power of Attorney as a true and lawful Attorney -in -Fact to make, execute, seal, and deliver said letter, then a letter from the surety's agent will be allowed if a copy of the Surety's Power of Attorney documenting said appointment is included with the Letter of Bondability. 17. Payment and Performance Bonds: Any project valued at $200,000 or greater requires public performance and payment bonds covering the full project costs. 17.1. Bonds must include the following information: Project Costs; Contract Number; Project Title; Departmental Work Order Number (if applicable); and Purchase Order Number. 17.2. The Contractor shall file the bonds with the Clerk of Courts, Records & Minutes Department, then email them to the County Project Manager. No services to start without filed bonds. 17.3. The Contractor must submit receipts for bonds and recording fees for reimbursement. Payment is for the actual amount paid that is shown on the receipts. 18. Price Modifications: Price increase requests may be submitted annually (365 days from the agreement anniversary date). 18.1. Submit price increase requests in writing by email to the County's Contract Administrator no less than 30 days before the annual contract anniversary date for consideration. 18.2. Price increase requests review may take over 60 days to complete. 18.3. Retroactive price adjustments are not authorized. 18.4. The Contractor shall provide supporting documentation justifying price increases (examples: Bureau of Labor Statistics, supplier material agreements, fuel increases, etc.). If there is no documented proof, price increases will not be considered. 18.5. The Contract Administrator shall analyze prices to determine whether increases are fair and reasonable using the following methods: price competition (reviewing competitive bids or offers), market prices, historical prices, or independent estimates. 18.6. During the review process, the Contractor shall continue to fill all purchase orders received at the current agreement prices. 18.7. The Procurement Director has the authority to approve price adjustments in accordance with the Procurement Ordinance, as amended. The bid tabulation shall be modified with the price increases, or an amendment processed, as required, and uploaded into the County's Finance system. 18.8. Price increase requests are not guaranteed. If approved, the Procurement Director or designee will notify the Contractor in writing with the effective date of any approved price increases. VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** The County requests that the vendor submit a minimum of five (5) completed reference forms from clients for projects within the last five years. Projects to be similar to this solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent projects of similar size, scope and complexity of this project using Form 5 provided in OpenGov as part of the Required Forms. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. Page 8 of 9