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TDC Agenda 02/18/2025COLLIER COUNTY Tourist Development Council AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 February 18, 2025 9:00 AM Commissioner Chris Hall, Chair Clark Hill, Vice -Chair Susan Becker Laura Radler Nancy Kerns Michael McComas Edward (Ski) Olesky Council Member Bill Kramer Councillor Darrin Palumbo All interested parties are invited to attend and to register to speak and to submit their objections, if any, in writing to the Council prior to the meeting if applicable. For more information, please contact Jay Tusa at (239) 252-4040. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. About the public meeting: Two or more members of the Board of County Commissioners, Coastal Advisory Committee, City of Naples City Council, and City of Marco Island City Council may be present and participate at the meeting. The subject matter of this meeting may be an item for discussion and action at future meetings of these Boards. Page 1 of 502 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Agenda and Minutes Approval of today's Regular, Consent, and Summary agenda as amended (ex-parte disclosure provided by Commission members for Consent agenda.) 4.A. Previous TDC Meeting Minutes (2025-549) 5. Tourism Director Report 5.A. Tourism Director Updates & TDT Tax Reports (2025-366) 6. Consent Agenda All Matters listed under this agenda item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Council, that item will be moved from the Consent Agenda and considered separately under New Business or Old Business. 7. New Business 7.A. Recommendation to approve Change Order No. 2 for contract No. 24-8292 with Earth Tech Enterprises, Inc., for the Park Shore Beach Renourishment, increasing the contract amount by $2,739,153, applying the Allowance of $254,000 and adding 30 days to the contract time; approve necessary budget amendments; and make a finding that this item promotes tourism (Project 50320 & 90067). (2025-658) 7.13. Recommendation to award Invitation to Bid ("ITB") No. 24-8323, in the amount of $1,178,500, to Earth Tech Enterprises, Inc., for the Collier County South Naples Emergency Berm truck haul & construction project, approve all necessary budget amendments, authorize the Chairman to sign the attached Agreement, and make a finding that this item promotes tourism. (Project 50280) (2025-661) 7.C. Recommendation to approve Change Order No. 1, adding $33,702.40 and 137 days to the Work Order under library contract 18-7432-CZ with APTIM Environmental & Infrastructure, LLC for the Park Shore Beach Renourishment; and make a finding that this item promotes tourism (Project 50320 & 90067). (2025-666) 8. Old Business 8.A. Recommendation to accept the report from the City of Naples Tourism Impact Study for the Stormwater Outfall Pipe Removal and Water Quality Project and make a Page 2 of 502 finding that this project promotes tourism. (2025-387) 9. Ten Minute Break 10. Presentations There are no public comments for these items. Presentations are scheduled by request of a Board member or as directed by the County Manager. Presenters are limited to ten (10) minutes unless extended by the Chair. (Resolution 98-167) 10.A. Downs & St. Germain presentation (2025-396) 10.B. Paradise Advertising Presentation (2025-603) 11. Agency Partner Reports 11.A. Agency Partner Reports (2025-379) 12. Tourism Staff Reports 12.A. Tourism Staff Reports (2025-530) 13. Council Member Discussion 14. Next Meeting Date 14.A. Next Meeting Date - March 18, 2025 (2025-367) 15. Adjourn Page 3 of 502 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING BOARD OF COUNTY COMMISSION CHAMBERS Naples, FL — Jan. 21, 2025 LET IT BE REMEMBERED the Collier County Tourist Development Council, in and for the County of Collier, having conducted business herein, met on this date 9:00 a.m. in REGULAR SESSION at 33299 Tamiami Trail East, 3rd floor, Naples, FL 34112 with the following members present: Commissioner Chris Hall, Chair Clark Hill, Vice Chair City Council Member Darrin Palumbo Susan Becker Laura Radler Nancy Kerns City Council Member Michael McComas Council Member Bill Kramer Edward (Ski) Olesky (excused) ALSO PRESENT: Jay Tusa, CVB, Tourism Director Sandra Rios, CVB, PR and Communications Manager Colleen Greene, Collier County Attorney Office, Managing Assistant County Attorney Buzzy Ford, CVB, Digital and Social Media Coordinator Andy Miller, Coastal Zone Manager Amanda Townsend, Museum Director Jennifer Reynolds, Assistant Director of Corporate Financial & Management Services Marissa Baker, Manager Paradise Sports Complex Mackenzie Comerer, VP Lou Hammond Ashley Cannon, Paradise Advertising ZOOM Kristen Murphy, VP Client Services & Partner Development, Paradise Advertising ZOOM Joseph St. Germain, President, Downs & St. Germain Enriqueta Balandra, Sr. Project Manager, Miles Partnership Any person who decides to appeal a decision of the Tourist Development Council will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, Neither Collier County nor the Tourist Development Council shall be responsible for providing this record. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE Page 4 of 502 2. ROLL CALL 4. AGENDA Clark Hill motioned to approve the Agenda Nancy Kerns seconded Motion passed unanimously 8-0 4a. APPROVAL OF MINUTES DEC. 17, 2024, MEETING Darrin Palumbo motioned to approve the Minutes Chris Hall seconded Motion passed unanimously 8-0 5. TOURISM DIRECTOR REPORT Jay Tusa, CVB, Tourism Director • The Tourist Development Tax revenue for November 2024 was $2,137,562 bringing year to date total to the same amount. • For visitor data,. Occupancy increased by 3.9% year over year to 61.5%. The average daily rate decreased 0.4% year over resulting in Revenue Per Available Room (RevPar) of $177.61 • Direct spending by visitors and total economic impact of tour tourism rose by 6.2% and 5.7% respectively. • More visitors traveled to the area for a vacation or leisure increasing from 55 to 59%. The share of visitors staying in hotels, motels, or resorts grew from 31% to 36%. The median household income of visitors increased by 12.2% year over year. • The median household income of visitors increased by 12.2%, year over year, rising from 148,000 to 166,000. 6. CONSENT AGENDA None 7. NEW BUSINESS 7a. Recommendation to approve a work order with Humiston & Moore Engineers to provide professional support services for the application of a modification to USACE Permit No. AJ- 2004-07621 (IP-MJD) to allow dredged sand to be placed on Delnor Wiggins State Park Beach, under the current library services contract 18-7432-CZ, for time and material estimated at $21,245, and make a finding that this item promotes tourism. Andy Miller, Coastal Zone Manager • This item you mayor may not remember. It was actually started in 2021. We have an executive summary that shows that the TDC approved the initial effort on June 28th, 2021. • The underlying effort for this item is getting some flexibility in how we dredge and place the dredge spoils for Wiggins Pass. We've got two components permitting wise FDEP and Army Page 5 of 502 Corps of Engineers FDEP pass with flying colors. We got that approved back in 2022. Army Corps has been a little more difficult. We've got several projects with the Army Corps that are, in my words, languishing. • This work order is in need head because the initial work order expired. The task is the same. It's the Army Corps permitting effort that Humiston & Moore will do essentially for the same amount of money that they proposed to do in 2021. Hopefully this time we'll be able to get it finished. Susan Becker Can You explain library services contract? Andy Miller The library services contract is the procurement process. We advertise for various consultants in the community to give us proposals and to be on call. In this case we call it a library of three different consultants that are all qualified in coastal engineering. Instead of putting out an RPS, which is a lengthy process, in order to get a consultant on board, we just handpick the consultants that we have in the library contract to do a work order and/or consulting for us. Susan Becker motioned to approve the recommendation Clark Hill seconded Motion passed unanimously 8-0 7b. Recommendation to approve a one-year renewal of Agreement No. 22-7979 "Tourism International Representation — UK and Ireland Market' with OMMAC Ltd. For Flat Annual Fixed Price of $120,000 ($10,000 per month), and Reimbursable Expenses for Travel, Registrations and Miscellaneous for up to $80,000 totaling $200,000 annually and make a finding that this action promotes tourism. Clark Hill motioned to approve the recommendation Nancy Kerns seconded Motion passed unanimously 8-0 7c. Recommendation to approve a one-year renewal of Agreement No 22-7980 "Tourism International Representation — Germany Market" with Diamonde E.K. for Flat Annual Fixed Price of $120,000 ($10,000 per month), and Reimbursable Expenses of Travel, Registrations and Miscellaneous for up to $60,000, totaling $180,000 annually, and make a finding that this action promoted tourism. Susan Becker motioned to approve the recommendation Nancy Kerns seconded Motion passed unanimously 8-0 3 Page 6 of 502 7d. Recommendation to approve the expenditure of Tourism Development Tax (TDT) Promotion funds to support the upcoming 2025 Naples Spring Shootout Event up to $3,000 to Kickoff Soccer and make the finding that these expenditures promote tourism. Marissa Baker, Manager, Paradise Coast Sports Complex • Naples Spring Shootout is a youth soccer tournament. What you'll find interesting about this event specifically is that it's run by a Collier based business. Not only that, but they partner with Missouri Storm, which is a local not -for -profit youth soccer organization to put on this event. • They have been putting on events in Collier County since 2015, bringing in over 2000 room nights to the destination. Now their biggest event was in 2020 where they had about 700 teams and I believe because of the pandemic they had to take a pause for the 2021 and 2022 and restarted their event in 2023. The last couple years have really been about rebuilding to that 700 teams that they had in 2020. • Currently they're expecting about 150 teams this tournament and over 250 room nights, which is the minimum requirement for funding. • We anticipate that they're gonna bring in about $4,500 in the TDT and they will be spending at least $7,600 in a facility rental. We do see a return on that investment with that staff. Susan Becker moved to approve the recommendation Clark Hill seconded Motion passed unanimously 8-0 8. OLD BUSINESS 8a. Request the TDC review the Expenditures of Tourist Development Tax supported fund for the first quarter of Fiscal Year 2025 and the final report for Fiscal Year 2024. Jennifer Reynolds, Assistant Director of Corporate Financial & Management Services • At the end of the year, we had committed approximately $4,000 and we actually spent $28 million and received $60 million in revenue. We ended the year with a surplus, which would've then moved into the reserves as an unaudited balance. • For 2025 We have committed 25 million and these are total TDT funds. As of Nov. 8th> we spent $4 million, and we received $3.9 million in revenue so far and still have $138 million available to spend and 165 million projected revenues. Susan Becker motioned to accept the report Clark Hill seconded Motion passed unanimously 8-0 9. Ten Minute Break n Page 7 of 502 10. PRESENTATIONS 10a. Joseph St. Germain, President, Downs & St. Germain • I want to five you a walkthrough on how we collect at least 200 surveys each month. The surveyors are conducting interviews every week at hotels, events, attractions, airport, with the art & culture team and sports team. • The population in this sense is every visitor to the area. With research and statistics, our goal is to estimate what is representative of the entire population from a statistical perspective. • We've introduced also we online data collection, like I said, allows us to get more data with, without increasing the cost. • 22% of your visitors had a household income of over $250,000. So that luxury visitor that I know has been an opportunity for this team, this Board, Paradise, for November at least, that seemed to be moving in that direction. • One area of concern. We asked them a question about value for your travel dollar. They rated that an 8.8 out of 10, that's not a bad number. And to give you a comparison to previous years 8.5. So, it went up. 10b. Ashley Canon & Kristen Murphy, VP Client Services & Partner Development, Paradise Advertising (via Zoom) • This is our marketing activity for the month of December and it's really impressive. You'll see here our impressions were over 7.7 million with over 440,000 clicks. We were able to track our website visits to nearly 21,000. • An overview of December: Advertising drove 133 room nights which resulted in almost 240,000 gross bookings. • For airline tickets, almost 1500 book primarily from that New York market. Our booking patterns, you'll see here 43.5% of travelers are booking between a 7-to-13-day window and then an average of 5 days, which is great economic impact. Measuring and driving these measurable revenues during December was really impressive. • The campaign for disaster recovery started Dec. 9th through the 31St and just a snapshot of what we are working on. 11. AGENCY PARTNER REPORTS 11a. McKenzie Comerer, VP Lou Hammond • Overall, in November we had over 13 million immediate compressions and 129,000 in media value. • Featured in Travel & Leisure was the Ritz Carlton and Tiburon celebrating the holidays with your family. • In another travel outlet, Family Vacationist, they highlighted the J.W. Marriott, Marco Island and the adults only tower at that property. • Another piece touched on the Great Wolf Lodge. • All of these included links to the website. 5 Page 8 of 502 • Atlanta Journal Constitution highlighted culinary destinations and touched on the Winter Wine Festival. • We are talking to the stone crabbers and getting insights into what's unique about this 55t" annual Everglades Seafood Festival. • Sails Restaurant was in Open Table and one of the top 100 restaurants of 2024. • Good Housekeeping Family Travel Awards included several properties. llb. Enriqueta Balandra, Senior Project Manager, Miles Partnership by Zoom Jay Tusa • Last year the website contract with Miles Partnership was set to expire in August. • The TDC and CVB team had worked with Procurement and putting out an RFP. We had received several quotes back, proposals back from several firms. At the same time the County was working with Resource X to improve operational efficiencies within County government. • Through that process it was decided the tourism website would transition under the County's IT infrastructure using Granicus. So, Granicus is who the County presently uses and that's the County's provider. A contract with Granicus was finalized in October by the County. Over the past couple of months, the tourism team has been working with Granicus and Paradise Advertising to develop a new tourism website, which is on track to launch midsummer. • Our website is still maintained by Miles but that agreement will expire the end of March. Chairman Hall • We want proof, we want to be stewards of public money, whether it's TDT money or whether it's general fund money. And the way that I look at it and don't take this negatively, I said in my opening comment that I'm looking forward to doing the creative thinking and maybe doing things differently than we've ever done them in a creative manner. • My priority with TDT is our infrastructure. It's our beaches, our bathrooms, our showers, it's our facilities, the things that draw people to Naples. Getting them world -class is my priority with that money. Clark Hill • I'm concerned now that we're not showing any progress with the website. There are some ROIs in, digital marketing that weren't very favorable. I think we need to really take a hard look at that and make sure that we're in the right places and spending the right amount with the right efforts. Enriqueta Balandra, Senior Project Manager, Miles Partnership by Zoom • We had over 92,000 sessions and over 130,000 views. Our engagement rate was around 38 seconds. Our traffic numbers are up year over year. • The top pages are Beaches, Snow Fest at Paradise Sports Complex, and our homepage. llc. Amanda Townsend, Director, Collier County Museums • Last year in January, we started opening the tavern car, the silver train car, and the caboose whenever the Lionel Train Museum was open at the Naples Depot. We're not advertising that L. Page 9 of 502 specifically because there's not a DA compliance associated with that and, and not a DA compliant restroom associated with that • About 30% of our visitors come from the local community, either full-time residents or part- time residents. And we get a nice mix of folks from around the State, Country and Internationally. • The Lionel Museum is open Saturdays and Sundays, October through March. 12. TOURISM STAFF REPORTS 13. COUNCIL MEMBER DISCUSSION 14. NEXT MEETING DATE February 18, 2025 15. ADJOURNED There being no further business for the good of The County, the Tourist Development Council meeting was adjourned at 10:43 a.m. COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL The Minutes were approved by Date: as presented Chairman Chris Hall or amended VA Page 10 of 502 r- O Q O V U H 0 N O N L E C� 0 O o L \ O O� cu CN a0 Cl >, N O Ln 0) NM (0 N _0N N >, C co O O N E � Q +� _ O L Er a O N U) f(n O O fn L c0 N t - O C6 co N O N UO O > � LO CO O 't U) N .0 tq i a) co"_ m a)M Z O -0 EfiE O L 9 O L U i c� o � O "- a� >' c N O o (, U) U N cn O NN m i N m m m Q O O O > a) 0-N �. N LL GO O U E O L O O -O O U U N (0 E (6 >+ o E - N U O 0 o L O O7 O (0 U �+ O O -0 O _0 _0 a)O 00 ch O N M O m j N O > "o U N O � 0)C c N N O -0 O C O U L O L 0 O O r N Q a D) U=3 C NO 70 > > > > 0- C O 40 > >, 1 :3 O U 0 O O c i C CB 0 N C _O 0-> `� O O CD Cl) O PN U O O N .L L .� U N �+ O yam-+ o i Q) O QQ H LL.N t� d N O Ln O N N ca FISCAL YEAR (OCTOBER THRU SEPTEMBER) TOTALS JANUARY 2025 FOR THE MONTH OF DECEMBER 2024 VENDOR TAX COLLECTIONS BREAKDOWN FISCAL 2023-2024 FISCAL 2024-2025 DIFFERENCE % OVERALL COLLECTIONS (includes minor categories not shown below) Current Month $3,274,362 $3,465,341 $190,979 %5.83 Year to Date $7,946,429 $7,583,264 - $363,165 -%4.57 HOTEL / MOTEL Current Month $2,107,416 $2,401,054 $293,638 %13.93 Year to Date $5,000,012 $4,896,809 - $103,203 -%2.06 REALTORS Current Month $190,572 $102,413 - $88,159 - %46.26 Year to Date $335,930 $195,935 - $ 139,995 - %41.67 INDIVIDUALS (APTS/CONDOS S F HOMES) Current Month $932,482 $927,939 - $4,543 - %0.49 Year to Date $2,500,724 $2,417,906 - $82,818 - %3.31 Page 13 of 502 Collier County Tourist Development Tax Revenue FY 25 TDT Collections Report 31-Dec-2024 Fund Reporting Fund Adopted Budget Updated Annual Forecast Budgeted YTD YTD Actual Variance to Budgeted YTD Beach Park Facilities 1100 1101 1103 1104 1105 1106 1107 1108 1,357,700 1,409,148 149,137 200,599 51,462 TDC Promotion 13,643,700 14,236,493 1,498,695 1,880,784 382,088 Non -County Museums 724,300 751,746 79,561 106,920 27,359 TDCAdmin - 0 - Beach Renourishment 14,782,800 15,342,971 1,623,820 2,183,914 560,695 Disaster Recovery - - 0 - - County Museums 2,000,000 2,000,000 219,690 430,414 210,723 TDC Capital 5,415,500 5,620,712 594,867 800,210 205,343 Gross Budget 37,924,000 39,361,069 4,165,770 5,602,840 1,437,070 Less 5%Rev Res (1,896,200) 3.79% 1 % Over/(Under) Bud 34.5% Net Budget 36,027,800 Collections Month Reported Actual Cum YTD % Budget Collected to Date % Variance FY24 Collections % Variance FY23 Collections % Variance FY22 Collections Nov 2,137,562 2,137,562 5.64% -16.720/6 -9.200/6 -5.030/6 Dec 3,465,278 5,602,840 14.77% 5.830/6 30.930/6 19.13% Jan - 5,602,840 14.779/6 n/a n/a n/a Feb 5,602,840 14.779/6 n/a n/a n/a Mar 5,602,840 14.779/6 n/a n/a n/a Apr 5,602,840 14.779/6 n/a n/a n/a May 5,602,840 14.779/6 n/a n/a n/a June 5,602,840 14.779/6 n/a n/a n/a July 5,602,840 14.77"/e n/a n/a n/a Aug 5,602,840 14.77"/e n/a n/a n/a Sept 5,602,840 14.77"/e n/a n/a n/a Oct 5,602,840 14.77% n/a n/a n/a Total 5,602,840 5,602,846 YTD -4.08% 12.04% 8.59% 39.361,069 Budget Comparison 5 Yr History -Cum 5 Yr History- Monthly Budgeted Collections Actual Collections Budget to Actual Variance Updated Forecast Nov 4.8% 4.8% 1,827,211 2,137,562 310,352 2,137,562 Dec 11.0% 6.2% 2,338,559 3,465,278 1,126,719 3,465,278 Jan 20.2% 9.2% 3,502,227 - - 3,502,227 Feb 33.1% 12.8% 4,869,752 4,869,752 Mar 47.3% 14.2% 5,397,019 5,397,019 Apr 64.3% 17.0% 6,460,316 6,460,316 May 73.0% 8.7% 3,303,306 3,303,306 June 79.1% 6.1% 2,299,023 2,299,023 July 84.7% 5.6% 2,134,934 2,134,934 Aug 90.7% 6.0% 2,277,930 2,277,930 Sept 95.5% 4.8% 1,816,973 1,816,973 Oct 100.0% 4.5% 1,696,749 1,696,749 Total 1 100.0% 100.0%1 37,924,000 1 5,602,840 1 1,437,070 1 39,361,070 % oved(under) budget 34.5% 3.79% $9,000,000 Tourist Development Tax Collection Curve $8,000,000 $7,000,000 $6,000,000 -aage<aa cull«ries $5,000,000 �ARual Collections $4'000,000 $3,000,000 $2,000,000 $1,000,000 o z u Q Q N O Month Reported Page 14 of 502 M:\Revenue Report\TDC Revenue\TDC Update Report\2025\TDT Tax Collector Reports\02-TDC Updates December.xlsx N � `� N O� 000 O LO M ' O' r- It M O co coN V-O LO N� 00 N O CO CDLo O r- M t= tU 0 o o e c y M LO (V Nle C1 ++ co co w C w C w C w C w C w C w C m C m C m C O LO y 41 CA tm ` C 00 > >Q m 0 O � O C ' �_ ' �_ _O CDN It LL LOA CA N cl ttl LL t= 7 0 0 0 O— M O O N m V o 0 \ 0 \ V Q N 000 _ qt 000 ttoo o V O N M CA m m m m m LO c m m m m O � N L!) � �� 75 O C C C C C C—C C—C C—C C—C C N C— ('M O > C) 0 0 ti Ln — 0 0 0 0r- O (C Lf � ( 04 ocl ti N O) 00 O M O LL C o 'O a)ti N O — N C� L() too N O 0 �+ N \ M m m m m m m f0 f0 m ca o o0 CV � O a)y R a0 C C C C C C C C C C 0 _ Ln Q j > Q Nai m C\l in IC � CA � ti O tOD w a 0 (N C y p O N 0 0 ty o 0 0 0 0 0 0 0 0 0 �' � Q O 'IT M N LL) r-- qT M O O N t0 �+O o \ \ o \ 0 \ 0 \ 0 \ 0 \ 0 \ 0 \ 0 \ 0 \ 0 0 \ 0 V 0) CO M � N 70 V LL) N LO CD P'- C M m ram+ LO qt 0 LL \ d — — — — — — — — — — — U C o v N 0 0 0 O O O O O CDN 0 0 qt 0 qt 0 qt 0 qt 0 qt 0 qt 0 qt 0 qt 0 qt 0 It 0 qT Q M to I,- r- M ' 0 ' O lf) CD O CDO N O 0 w w w w w w w co co co 00 00 LO 3 L j N ONO O r O N f1 N N N N N N N N N N N CV N m M _ (O 1- 1- O CM M O M �((C� O O O (C� O (C� O (C� O (C� O (Cmmmcotfl O O O O O ` O cli N ti M E N LO LO LO LO LO LO LO LO LO LO m LO >- M `' U- V O Q � _ O n N CD LL) O 't3 O M"T m 0 ti co a0i 'O LC co CO O 0 C O O O O O O O O m Of 7 7—? 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CL 0- CL IL?? k 0 S Of/\§ w m CO m}/% 0§» 2 �� Q o\ a q 2/18/2025 Item # TA ID# 2025-658 Executive Summary Recommendation to approve Change Order No. 2 for contract No. 24-8292 with Earth Tech Enterprises, Inc., for the Park Shore Beach Renourishment, increasing the contract amount by $2,739,153, applying the Allowance of $254,000 and adding 30 days to the contract time; approve necessary budget amendments; and make a finding that this item promotes tourism (Project 50320 & 90067). OBJECTIVE: To process a change order for construction contract 24-8292 for the 2024 truck haul beach renourishment project at Park Shore, increasing the contract amount by $2,739,153, applying the Allowance of $254,000.00 and adding 30 days. CONSIDERATIONS: On December 10, 2024 (Item 16.B.14), the Board approved contract 24-8292 Park Shore Beach Renourishment with Earth Tech Enterprises, Inc., in the amount of $3,817,530. Over the summer /fall of 2024, Hurricanes Debby, Helene, and Milton caused extensive erosion, significantly changing the existing conditions from those used for the design and bidding of the project. The initial contract plans called for 167,700 tons of sand to fill Park Shore Beach. Surveys conducted just prior to the start of construction indicated that an additional 144,300 tons of sand, totaling 312,000 tons, would be needed to meet the County design standards. After sand hauling had begun on January 6, 2025, staff immediately met with the contractor and sand supplier and verified that the additional sand would be available for placement and that the contractor could perform the extra work with additional time to the contract time. A Work Directive was issued in the field and followed up in writing on January 9, 2025, so the contractor could continue the project uninterrupted while incorporating the volume change to the design beach fill section for the project. The contractor agreed to import and place the additional sand at the original unit price bid for the project. Other lump sum work items affected by the increased time and work are increased on a pro-rata per/ton basis at a ratio of 312/167.7, or 1.86. These work items are tasks that are performed on a daily basis as long as sand hauling continues and until all 312,000 tons are delivered. The contract includes an Allowance of $254,000 which will be used to partially cover the additional expenses. A summary of the changes identified in the work directive is shown below: Modify the bid quantity for item 2, "Horizon Way Access: Transport, Fill Placement, Grading, and Sand" from 167,700 Tons to 312,000 Tons Adjust price for item 2 based on the adjusted volume at the original unit price of $18.90/TN, or 312,000 X $18.90 = $5,896,800 Adjust Lump Sum price for items 3, 4, and 5 on a pro-rata basis at a ratio of (312,000 / 167,700) Item # Unit Unit Cost Quantity Original Contract Amount Revised Quantity Revised Contract Amount Increase 2 Horizon Way TN $18.90 167,700 $3,169,530 312,000 $5,896,800 $2,727,270 Access: Transport, Fill Placement, Grading, and Sand Analysis 3 Turbidity LS j $22,000 j 1 j $22,000 j Pro-rata j $40,930 j $18,930 Page 23 of 502 2/18/2025 Item # TA ID# 2025-658 Monitoring 312/167.7 4 Surveys LS $175,000 1 $175,000 Pro-rata $325,581 $150,581 312/167.7 5 Maintenance of LS $112,000 1 $112,000 Pro-rata $208,372 $96,372 Traffic (MOT) 312/167.7 and Weight Ticket Tracking Total $2,993,153 Not included in the above contract costs is the cost for the additional volume of sand from Stewart Materials. At $11.00 per ton, the additional sand cost is $1,587,300. This item is consistent with the Quality of Place Objectives of the County's Strategic Plan. ADVISORY COMMITTEE RECOMMENDATIONS: This item was recommended for approval by the Coastal Advisory Committee (CAC) on February 13, 2025, and will be reviewed by the Tourist Development Council (TDC) on February 18, 2025. FISCAL IMPACT: Change Order 92 increases the overall contract by $2,739,153 and utilized the contractual $254,000 allowance. Additionally, the incremental sand is estimated at $1,587,300. A budget amendment is required to reallocate necessary funding from reserves within TDC Beach Renourishment Fund (1105) to Hurricane Milton Project (50320) and Parkshore Beach Maintenance Project (90067). The source of funding is Tourist Development Tax. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. — CMG RECOMMENDATIONS: To approve Change Order No. 2 for contract No. 24-8292 with Earth Tech Enterprises, Inc. for the Park Shore Beach Renourishment, increasing the contract amount by $2,739,153, applying the Allowance of $254,000 and adding 30 days to the contract time, approve necessary budget amendments; and make a finding that this item promotes tourism (Project 50320 & 90067). PREPARED BY: Andrew Miller, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENTS: 1. Change Order 2 Earth Tech Park Shore AFFIDAVIT -Earth Tech Enterprises Page 24 of 502 Coder Gouli7r�,y Procurement Services Change Order Farm Contract# 24-8292 CO# 2 PO# 4500236559 Project #: 90067 Project Name: 2024 Park Shore Renoudshment Contractor[consultant Name: Earth Tech Enterprises, Inc. Select One: E] Contract Modification (Construction or Project Specitic) ❑ Work Order Modification Project Manager Name: I Andrew Miller Division Name: Transportation Engineering Original Contract/Work Order Amount $3.817.530.00 1201012024 16.B.14 Original BCC Approval Date; Agenda Item # Current BCC Approved Amount s3,e17,530.001211WON 16.B.14 last BCC Approval Date; Agenda Item # Current CantracVWork Order Amount $3,617,530.cc *sMoaeas SAP Contract Expiration Date (MASTER) Dollar Amount of this Change $2.739,153 00 7- 75% Total % Change from Original Amount _Revised ContractlWork Order Total s65a6,683.00 71.75% % Change from Current BCC Approved Amount Total Cumulative Changes $2.739,153.00 71.75% % Change from Current Amount Notice to Proceed 1/212025 Original NTP 75 Original Final 311812025 Last Final 412/2025 Date # of Days Completion Date I I Approved Date # of Da s Added Revised Final Date Current Substantial Com letion Date y 30 (includes this change) 512�025 (if applicable) p 3/3/2025 Provide responses after each question in box below (Responses should be brief and specific). Attach additional information and/or documentation from the Design Professional and/or Contractor. if needed, with your submission of this Change Order and complete summary on next page. Check all that apply to this Change Order request: 0 Add Time; Il Add funds; ❑ Use of Allowance; ❑ Modify/Delete existing Task(s); ❑ Add new Task(s); ❑ Reallocate funds; ❑ Other (must be explained in detail below) 1.) This Change Order will add 30 days and $2.,739,153.00 as well as using the Allowance of $254,000.00 to address increased sand quantity needed to replace sand lost due to erosion of the beach by Hurricanes Debby, Helene, and Milton. 2.) NIA 3.) This change was not included in the contract because the storms occurred during the summer while design documents were being prepared based on surveys from January 2024. 4.) If the change is not processed, the public beach will not be renourished adequately to meet the County design standard, placing the upland structures at risk for future storms and erosion Page t of 4 Change Order Form (2023_ver.1) [' y Page 25 of 502 CAr County Procurement Services Change Order Form Contract# 24-8292 CO# 2 Po# 4500236559 Project #: 90067 Project Name: 2024 Park Shore Renourishment Contractor/Consultant Name: Earth Tech Enterprises, Inc. r..._..._ _.. _ .... _.... __..._.- _ Change OrderlAmendment Summary (If additional spaces needed, attached a separate Summary page to this amendment request) COST TIME CO* AMD# Description Additive Deductive Days Total New Justification +; Added Time add additional time project sand volume to continue 15 90 increased due to previous renourishment storm season add additional time, Increased volume is 2 additional funding and the use of the allowance funds of 254,000 $2,739,15300 30 120 necessary to provide County design standard beach width 1 � i P ❑ Check here if additional summary pagels are attached to this Change Order Page 2 of 4 Change Order Form (2023_ver.1) C ! l Page 26 of 502 �,CrMJAY Procurement Services Change Order Form Contract# 24-8292 Co# 2 PO# 4500236559 Project #: 90067 Project Name: 2024 Park Shore Renourishment Contractor/Consultant Name, Earth Tech Enterprises, Inc. Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated In this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor/ Vendor/ Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Contractor/Consultant/Design Professional signature below must be from an authorized person/officer/director of the Company or listed as the qualified licensed Professional "Project Coordinator" or Design/Engineer Professional under the agreement. Signature authority of person signing will be verified through the contract OR through the Florida Department of State, Division of Corporations (Sunbiz) website(htU)s://dos,myflorida.com%sunbiz/search:). If the person signing is not listed, we will require signature authority by one of the listed officers/directors of the company giving that person signature authority. Prepared by: Accepted by Accepted by: oimleuy speed 1aa ncrew MillerAndrewD.,, 025D Oale� 2025,0271 12'.38:30 -05'00' Signature -Division Project Manager Printed Name Dilaally sipred 5y Ni=* Sharp Nicole Sharp Date 202502.11 10; IS 14 -05W Signature- Design/Engineer Professional (if applicable) signature- Contractor+Consulta Date: Date: Date: . 4k Approved by: Date: Signature -Division Manager or Designee (Optional) Printed Name Oigllally ygned by AhmadJay Ahmad aycale2o25o2.1; Approved by 133853-05.W Date: Signature -Division Director or Designee (Optional) Printed Name Approved by: Date: Signature -Division Administrator or Designee (Optional) Printed Name Page 3 of 4 Change order Form (2023_ver.1 ) Page 27 of 502 Procurement Services Change Order Form Contract# 24-8292 Co# 2 PO# 4500236559 Project #: 90067 Project Name: 2024 Park Shore Renourishment Contractor/Consultant Name: Earth Tech Enterprises, Inc_ f FOR PROCURMENT USE ONLY FY _ CHO Request # Approved by: Signature -Procurement Professional SignaturefDate Approved by Signature -Procurement Manager/Director (OPTIONAL) APPROVAL TYPE: ❑ Administrative ❑ Administrative -BCC Report ❑ 13CC Stand -Alone ES (BCC Approval Required) — — -- BCC APPROVAL ------- _ - E ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: Dated: (SEAL) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Date: Agenda # Approved as to Form and Legality: Deputy County Attorney Print Name Page 4 of 4 Change Order Form (2023_ver.1) Chairman Page 28 of 502 Christine Arnold From: Andrew Miller Sent: Thursday, February 6, 2025 4:55 PM To: Christopher Darco; Christine Arnold; Maria Becerra Cc: Jay Ahmad Subject: FW: Explanation of lump sum item increase Here's ET's explanation of the cost increase associated with the Lump Sum items for survey, turbidity monitoring, and maintenance of traffic. I agree with their logic. Andrew Miller P.E. Manager - Coastal Management Program Transportation Engineering Ofice:239-252-2922 Andrew. Miller(cDcolliercountyfl.gov -C Collier Count r (1(010(00 From: Chris Gehring <cg@ea rthtechenterprises.com> Sent: Thursday, February 6, 2025 4:49 PM To: Andrew Miller <Andrew.Miller@colliercountyfl.gov> Cc: Christopher Darco <Christopher.Darco@coiiiercountyfl.gov>; Ben Figley <Ben@earthtechenterprises.com> Subject: Explanation of lump sum item increase EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Gentlemen. All bid tab items for the additional sand volume on park Shore Beach project Have been increased proportionately with the sand volume increase. These lump sum items are all tasks that are performed daily. The import sand is limited to a 4500 ton per day average. Therefore, there is no opportunity to increase production and shorten the contract time. All items and days are directly tied to the tonnage import of 4500 per day. For example, if the sand volume increases 50%the survey item and M.O.T item will increase 50% along with all other bid tab items. Excluding Mobilization which remained at the original price since we are already on the project. If you need additional explanation, feel free to reach out directly to me Thank you, Chris Gehring President Page 29 of 502 AI&N 1�� EARTH TECH ENTERPRISES 6180 Federal Court Fort Myers, Florida cg@earthtechenterprises.com EarthTechEnterprises.com Under Florida Law. e-mail addresses are public records. I- ;cu j'o notwant your e-mail address released in response to a public records request, do not send electronic mail to this entity Instead, contact this office by telephone or in writing. Page 30 of 502 Transportation Management Services WORK DIRECTIVE CHANGE CONTRACT 4 /PROJECT NAME: 24-8292 Park Shore Renourishment CHANGE # 1 DATE OF ISSUANCE: January 9, 2025 EFFECTIVE DATE: January 9, 2025 OWNER: Collier County Board of Commissioners PROJECT#: 90067 CONTRACTOR: Earth Tech Enterprises, Inc. ENGINEERIDESIGN PROFESSIONAL: APTIM Environmental and Infrastructure, LLC. You are directed to proceed promptly with the fallowing change(s): Description: • Modify the bid quantity for item 2, "Horizon Way Access: Transport, Fill Placement, Grading, and Sand" from 167,700 Tons to 312,000 Tons • Adjust price for item 2 based on the adjusted volume at the original unit price of unit price of $18,90lTN, or 312,000 X $18.90 = $5,896,800 • Adjust Lump Sum price for items 3, 4, and 5 on a pro-rata basis at a ratio of (312,000 / 167,700) 3.Turbidity Monitoring: $40,930 4.Surveys: $325,581 5.Maintenance of Traffic (MOT) and Weight Ticket Tracking: $208,372 Total new contract amount: $6,556,683 • Adjust contract time for days to substantial completion to 90 days, or April 2, 2025. Purpose of Work Directive Change: Sand volume increase is due to significant erosion from Hurricanes Debby, Helene, and Milton during the summer of 2024. Attachments: APTIM pre -construction vs. design volume table If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract Price: Method of determining change in Contract Times: ® Unit Prices ❑ Contractor's records ® Lump Sum ❑ Engineer's record ❑ Other ® Other based on sand supply rate from mine Estimated increase (decrease) in Contract Price $ 2,993,153.00 faXK1)M111►11] 111� Digitally signed by Sharp, Sharp, Nicole Date. 025.01.10 By: 09 13:23 -06ar Engineer Estimated change in Contract Time: Increase by 45 calendar days. AUTHORIZED: Digitally signed by Millel-Andrew""'l. 202a�" Pate 025.01.30 By • 11 05 45 -05'W Owner's Representative Page 31 of 502 COLLIER COUNTY - 2024 PARK SHORE RENOURiSHMENT PRE -CONSTRUCTION VOLUME UPDATE January 2025 PROFILE NUMBER EFFECTIVE LENGTH PT(Cy) ORIGINAL DESIGN VOLUME ORIGINAL DESIGN TONNAGE TONSICY) PRE -CONSTRUCTION VOLUME PRE -CONSTRUCTION TONNAGE TONS R-43+600 (Taper) 400 1.700 2.550 5.000 7,500 R-44 521 4,500 6,750 13,000 19.500 RA5 1,078 15,200 22,800 33,900 50,850 R-46 1.040 14,800 22,200 15,700 23,550 RA7 953 2,800 4,200 7,300 10,950 R-48 996 3.700 5.550 10,000 15,000 R-49 1,077 7,600 11,400 13,100 19,650 T-50 1.208 3,600 5,400 18,700 28,050 R-51 1,108 8,500 12,750 16,700 25,050 R-52 967 33.300 49.950 39,300 58,950 R-53 1.060 13,900 20,850 30,100 45,150 R-54 535 1,600 2,400 3,800 5,700 R-54+400 (Taper) 400 600 900 1.400 2,100 TOTAL 11,342 111,800 167,700 209,000 312,000 Page 32 of 502 AFFIDAVIT REGARDING LABOR AND SERVICES Effective July 1, 2024, pursuant to § 787.06(13), Florida Statutes, when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services. Nongovernmental Entity's Name: Flig-ril —1-6GN CN ;Ef_ RTS C S _�- rl L Address: %t$D fOiRj p 2'S FaRl- /AJUSr-L 3 a5 Phone Number: 2 3 _ rj 4 _f 3 Authorized Representative's Name: W ILLX-AIV\ G_ VP -VCE JR Authorized Representative's Title: =Rcc 1-b Email Address: CG CA R-rKrG c A C(4 -re rLPiz -C S S C d f'1 ►_ a 910k,Pl I I 1, W ltc s n (, Qr, t-c Jr (Name of Authorized Representative), as authorized representative attest that T-AUH T6"A 4.ti -;Ef1 P Irs5 C E•.( Ime of Nongovernmental Entity) does not use coercion for labor or services as defined in § 787.06, Florida Statutes. Under penalty f perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true. IX it o20dS ( gnatu(a of authorized representative) Date STATE OF V l-ufkSol- COUNTY OF L F 1G Sworn to (or affirmed) and subscribed before me, by means of 9 physical presence or ❑ online notarization this 1 day of , 20-2,.r by L1,'I/,x,., Tr (Name of Affiant), who produced their as identification or are personally known to me. Ncdary Pubic Commission Expires Personally Known ® OR Produced Identification 0 Type of Identification Produced: Ko }OHN J ECKERLE lil PublicState of Floridammission N HH 604425 mm•Expires 6rc 2t, 2023ough National Notary ssn. CONTRACT, RENEWAL, OR EXTENSION REQUEST FORM Version: 2025.1 Page 33 of 502 2/18/2025 Item # 7.13 ID# 2025-661 Executive Summary Recommendation to award Invitation to Bid ("ITB") No. 24-8323, in the amount of $1,178,500, to Earth Tech Enterprises, Inc., for the Collier County South Naples Emergency Berm truck haul & construction project, approve all necessary budget amendments, authorize the Chairman to sign the attached Agreement, and make a finding that this item promotes tourism. (Project 50280) OBJECTIVE: To move forward with the completion of the final reach of County's emergency berm construction in South Naples. CONSIDERATIONS: On September 28, 2022, Hurricane Ian and its associated storm surge caused major damage to Collier County beaches, destroying much of the dunes and vegetation at the landward edge of the beach. The loss of the dunes left already damaged beachfront properties vulnerable to flooding from future tropical storms and winter cold fronts. The last remaining 1.8 miles of the nearly 14 miles of the Collier Emergency Berm project in South Naples is scheduled to be constructed in April of 2025. On December 13, 2024, the Procurement Services Division issued ITB No. 24-8323, "Collier 2024 South Naples Emergency Berm Truck Haul & Construction" Project, to two thousand five hundred eighty-five (2,585) vendors. The County posted the bid for thirty-one days and received two bids by the January 13, 2025, deadline as summarized below. RESPONDENTS: Company Name City County ST Base Bid Responsive/ Responsible Earth Tech Enterprises, Inc. Fort Myers Lee FL $1,178,500.00 Yes/Yes Capling Leveling, Inc. Labelle Hendry FL $1,391,916.58 Yes/Yes Staff reviewed both bids and found the bidders responsive and responsible, with Earth Tech Enterprises, Inc. ("Earth Tech") being the lowest responsive and responsible bidder. Earth Tech has been doing business in Florida since 2000 and has worked successfully on many County projects. Staff and the engineering consultant, Aptim Environmental & Infrastructure, LLC ("APTIM"), determined Earth Tech's low bid is fair and reasonable and recommends awarding Earth Tech the attached Agreement. APTIM evaluated references and found them acceptable to determine Earth Tech's experience on work of a similar magnitude judged within the last five years, its skill and business standing, and its ability to conduct the work as completely and timely as required under the terms of the Agreement. Earth Tech's bid is approximately 38% below APTIM's $1,886,892.20 opinion of probable cost. Staff concluded that bidding was competitive and representative of market conditions. The bid tabulation, engineer's letter of recommendation ("DELORA"), the Notice of Recommended Award ("NORA"), and Agreement are attached. This item is consistent with the Infrastructure and Asset Management element of Collier County's Strategic Plan by preparing for the impacts of natural disasters on our critical infrastructure and natural resources. ADVISORY COMMITTEE RECOMMENDATIONS: This item was approved by the Coastal Advisory Committee on February 13, 2025, and will be reviewed by the Tourist Development Council ("TDC") on February 18, 2025. FISCAL IMPACT: Funding, in the amount of $1,178,500, is available in TDC Beach Renourishment Fund (1105) within Hurricane Ian Project (50280), with potential for reimbursement from FEMA. The County will seek FEMA reimbursement of 90% of the costs associated with the construction of the emergency berm, plus an additional 5% share from the State of Florida Emergency Management Services. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board Page 34 of 502 2/18/2025 Item # 7.13 ID# 2025-661 approval. —SRT RECOMMENDATIONS: To award ITB No. 24-8323, in the amount of $1,178,500.00, to Earth Tech Enterprises, Inc., for the Collier County South Naples Emergency Berm truck haul & construction project, approve all necessary budget amendments, authorize the Chairman to sign the attached Agreement, and make a finding that this item promotes tourism. (Project 50280) PREPARED BY: Larry Humphries Project Manager II., Coastal Zone Management, Capital Project Planning, Impact Fees, and Program Management Division ATTACHMENTS: 3. 24-8323_ contract_ Earth Tech Enterprises AFFIDAVIT -Earth Tech Enterprises Page 35 of 502 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("County" or "Owner") hereby contracts with Earth Tech Enterprises, Inc. ("Contractor") of 6180 Federal Court, Fort Myers, Florida, 33905, a Florida Profit Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Collier 2024 South Naples Emergency Berm Truck Haul & Construction, Invitation to Bid No. #24-8323 ("Project'), as said Work is set forth in the Plans and Specifications prepared by Aptim Environmental & Infrastructure, LLC, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders, and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: One Million, One Hundred Seventy -Eight Thousand, Five Hundred Dollars ($1,178,500.00). The amount of X-Amount of Allowanne described in Words (AllowanGe Owner'samount on numbeFS) has been al'IDGated as an the QWReF and memorialized by the PaFties OR WFitiRg, via GhaRge Order, shall Ret be eligible f9f- reirnbursementipayment by the Owner as part ef a Payment AppliGat!GR submitted by t4a GGRtFa Gtty1- 1 Construction Services Agreement: [2025_ver.1] Page 36 of 502 Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, plus any approved allowance as provided in Section 3, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at https://fiscal.treasury.gov/surety-bonds/list-certified-companies.htm1. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liauidated Damaaes. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within Thirty (30) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended, as more particularly defined herein at Section 16, Defined Terms. Contractor shall achieve Final Completion within Thirty (30) calendar days after the date the Punch List is delivered to the Contractor. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Department Administrator or Division Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One Thousand, Six Hundred Eighty -Five Dollars ($1,685.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess, and Contractor shall be liable for all actual damages incurred by Owner as 2 Construction Services Agreement: [2025_ver.1] Page 37 of 502 a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date specified by the Project Manager (or at his/her direction, the Design Professional) as memorialized in the Certificate of Substantial Completion issued pursuant to the terms hereof, and as more particularly defined herein at Section 16, Defined Terms. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, or legal holiday. D. Determination of Number of Days of Default. For all contracts, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work, as more particularly defined herein at Section 16, Defined Terms. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. 3 Construction Services Agreement: [2025_ver.1] Page 38 of 502 Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto, and made a part of this Agreement for Solicitation #24-8323 Collier 2024 South Naples Emergency Berm Truck Haul & Construction. Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Assigned to the Project Exhibit B-1: Payment Bond Form ❑ Not Applicable Exhibit B-2: Performance Bond Form ❑ Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D-1: Contractor Application for Payment Form Exhibit D-2: Schedule of Values Exhibit D-3: Stored Materials Record Exhibit E-1: Change Order Form Exhibit E-2 Work Directive Form Exhibit F-1: Certificate of Substantial Completion Form Exhibit F-2: Certificate of Final Completion Exhibit F-3: Punch List Form Exhibit G-1: Final Payment Checklist Exhibit G-2: Warranty Exhibit H: General Terms and Conditions Exhibit 1-1: Supplemental Terms and Conditions ® Applicable ❑ Not Applicable Exhibit 1-2: Affidavit Regarding Labor and Services The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #24-8323 Collier 2024 South Naples Emergency Berm Truck Haul & Construction. The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications ❑Exhibit K: Permits ❑Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by: Aptim Environment & Infrastructure, LLC ®Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail or E-mail, addressed to the following: 4 Construction Services Agreement: [2025_ver.1] Page 39 of 502 Collier County Board of County Commissioners, FL c/o Transportation Engineering Division 2885 Horseshoe Drive South Naples, FL 34104 Attn: Larry Humphries, Project Manager II Phone: 239-252-4245 Email: Larry.Humphries@colliercountyfl.gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, or E-mail, addressed to the following: Earth Tech Enterprises, Inc. 6180 Federal Court Fort Myers, FL 33905 Attn: Benjamin M. Figley Phone: 239-774-1223 Email: cg@earthtechenterprises.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under, and its performance governed by the laws of the State of Florida. 5 Construction Services Agreement: [2025_ver.1] Page 40 of 502 Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated, and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Procurement Ordinance, as amended, and the terms of the Contract Documents. Section 16. Construction. (i) Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. (ii) Defined Terms: The following Defined Terms used in the Agreement shall be understood to be defined as expressly set forth below. Other terms referenced in the Agreement shall be understood as they may separately be defined herein or if not so defined shall be understood consistent with their natural and ordinary meaning. (a) "Application for Payment" shall mean the form provided by the Owner that is to be used by the Contractor in requesting a progress or final payment and which is to include such supporting documentation as is required by the Contract Documents. (b) "Construction Project" shall mean a Project, funded by Owner funds that involves the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any real property owned or under the control of the Owner, which Work is being performed under a Construction Contract. (c) "Construction Services" shall mean all labor and materials to be provided by Contractor in connection with the construction, alteration, repair, demolition, reconstruction, or any other improvements to real property. Construction Services also means Work. 6 Construction Services Agreement: [2025_ver.1] Page 41 of 502 (d) "Contract" or "Contract Documents" shall refer to those documents described in Section 1, subsection A of the Agreement. (e) "Defective" shall mean an adjective which, when modifying the Work, refers to Work that is unsatisfactory, faulty, deficient or otherwise does not conform to the Contract Documents. (f) "Department" shall mean the Department or Division initiating and managing the Project on behalf of the Owner. (g) "Director" shall mean the Director or Administrator of the Department or Division initiating and managing the Project on behalf of the Owner. (h) "Final Acceptance" shall mean acceptance of the Work by the Owner as evidenced by the signature of the Project Manager or Design Professional upon the Certificate of Final Completion form, Exhibit F-2. Final Acceptance shall be deemed to have taken place only if and when such signature is affixed to such certificate. The Certificate of Final Completion shall be signed only after the Project Manager has assurance by tests, inspection, or otherwise that all of the provisions of the Contract Documents have been carried out, including completion of the Punch List form, Exhibit F-3. (i) "Professional" or "Design Professional" shall mean the professional architectural/engineering firm designated to perform the design, Construction Engineering and Inspection ("CEI") services, by an existing agreement, or resident in-house Owner engineering services for the Work. At times, Owner staff may perform the design for the Work in-house and shall be considered the Professional in relation to the Work or a particular portion of the Work. Q) "Project" shall mean the total construction, of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents. (k) "Project Manager" shall mean an individual employed by the Owner and assigned to manage and administer the Project which is the subject of the Contract Documents. (1) "Proper Invoice" shall mean an invoice that conforms with all statutory requirements and all requirements specified in the Contract Documents. (m)"Punch List" shall mean the approved list of incomplete and/or deficient Work that shall be completed by the Contractor after Substantial Completion but before the Final Acceptance can be certified by the Project Manager. The Punch List enumerates the items required to render complete, satisfactory and acceptable all Work by the Contractor. The Punch List is developed by the Contractor, Owner and Professional (if any) in accordance with the provisions of the Contract and within the time frames required therein. The Punch List essentially includes items of a minor nature; major items must be completed before Substantial Completion and cannot be considered to be Punch List work. Construction Services Agreement: [2025_ver.1] Page 42 of 502 (n) "Schedule of Values" shall mean a schedule showing all activities of the Work subdivided into component parts in sufficient detail to serve as the basis for measuring quantities in place and/or calculating amounts for progress payments during construction. The Schedule of Values shall be satisfactory in form and substance to the Project Manager. (o) "Substantial Completion" shall mean the status of completion of the Work which, in the opinion of the Project Manager as evidenced by a definitive Certificate of Substantial Completion, is complete in accordance with the Contract Documents, except for minor outstanding items listed on the Punch List. Substantial Completion includes, but is not limited to, the following occurring: (1) the Work can be safely utilized for the purposes for which it was intended; (2) all regulatory agency requirements are satisfied, including occupancy permits, operating certificates and similar releases, (3) all operational testing has successfully occurred; (4) all required training has successfully occurred; (5) all close-out documents (such as as -built drawings, certifications, warranties, guaranties, test reports, test logs, operational manuals, etc.) have been provided by the Contractor and accepted by the Owner, and permit acceptance by permitting agencies, if applicable, see Exhibit F-1. (p) "Work" shall mean the Work to be performed under this Agreement and shall consist of furnishing all tools, equipment, materials, supplies, and manufactured articles and for furnishing all transportation and services, including fuel, power, water, and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the Agreement in strict accordance with the Specifications, schedules, Drawings, and other Contract Documents as herein defined, all of which are made a part hereof, and including such detailed sketches as may be furnished by the Professional from time to time during construction in explanation of said Contract Documents. The Work shall be complete, and all work, materials, and services not expressly shown or called for in the Contract Documents, which may be necessary for the complete and proper construction of the Work in good faith, shall be performed, furnished, and installed by the Contractor as though originally so specified or shown, at no increase in cost to the Owner. (q) "Written Directive" shall mean a written directive and also referred to as work directive, as required by in Exhibit H, Section 10.1, in the form that appears in Exhibit E-2 that is issued to a Contractor from Owner in instances where the parties cannot agree on price and/or costs associated with work arising from differing, unforeseen or emergency site conditions and the work in question is part of the "critical path" of the contract schedule. A written directive should ultimately be followed up with an agreed upon Change Order. A verbal Work Directive may only be issued in extraordinary emergencies when necessary to protect and promote the public interest, which shall be followed up with a written Work Directive within five (5) business days. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the s Construction Services Agreement: [2025_ver.1] Page 43 of 502 General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 9 Construction Services Agreement: [2025_ver.1] Page 44 of 502 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: FIRST WITNESS Print Name SECOND WITNESS Print Name ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller MA Date: Approved as to Form and Legality: County Attorney Print Name CONTRACTOR: Earth Tech Enterprises, Inc. By: Print Name and Title Date: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA LIM Burt L. Saunders , Chairman 10 Construction Services Agreement: [2025_ver.1] Page 45 of 502 EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) Construction Services Agreement: [2025_ver.1] Page 46 of 502 Collier 2024 South Naples Emergency Berm Truck Haul & Construction Construction ITB #24-8323 Bid Schedule Bid Description: Transport, placement and grading of pre -purchased beach fill material from Stewart's Immokalee Sand mine to South Naples Beach, and associated construction tasks. Bids will be awarded to the lowest responsive and responsible bidder. ITEM DESCRIPTION Units Quantity Unit Price Total NO. 1 Mobilization/ Demobilization LS 1 $42,000.00 $42,000.00 2 Haul Road Asphalt Pavement Repairs SF 3000 $5.00 $15,000.00 3 33rd Avenue South Access: Transport, Fill Placement, Grading, and Sand Analysis Tons 45000 $22.50 $1,012,500.00 4 Maintenance of Traffic (MOT) and Weight Ticket Tracking LS 1 $85,000.00 $85,000.00 5 Set Up and Repair of Access Points. LS 1 $14,000.00 $14,000.00 6 Additional off -duty officer* (see note below) Days 10 $1,000.00 $10,000.00 Total Bid: $1,178,500.00 *One off -duty officer is included in the price bid for item 4, MOT and Weight Ticket Tracking. Page 47 of 502 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 12 Construction Services Agreement: [2025_ver.1] Page 48 of 502 FORM 1- BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Collier 2024 South Naples Emergency Berm Truck Haul & Construction BID NO.24-8323 Full Name of Bidder Earth Tech Enterprises, Inc. Main Business Address 6180 Federal Court, Fort Myers, Florida 33905 Place of Business Fort Myers, Florida Telephone No. 239-774-1223 State Contractor's License # CGC1526166 Fax State of Florida Certificate of Authority Document Number P00000098390 Federal Tax Identification Number 59-3679652 DUNS # 171511137 CCR# Cage Code 4YD47 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractors Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall he provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the Construction Solicitation Doc rev 04152022 Page 49 of 502 event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within Thirty (30) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within Thirty (30) consecutive calendar days after the date the Punch List is delivered to the Contractor, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent Signature: r —57 Benjamin M. Figley Title: MiE-6" resident Date: 01-13-2025 Construction Solicitation Doc rev 04152022 Page 50 of 502 FORM 6 - TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE. Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure uanti Cost (Description) L( F.SY) 1. Benching LF $5.00 2. 3. 4. 5. TOTAL $ Company: Earth Tec�a Enterprises, Inc. ram M. Figley - Vice President Construction Solicitation Doc rev 04152022 Date: 01-13-2025 Page 51 of 502 F'O1t11,1:? - ]JIMBOND --- — �� THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONISBLE KNOW ALL MEN BY THESE PRESENTS, that we Earth Tech Enterprises, Inc. (herein after called the Principal) and Homo National Insurance Company, (herein called the Surety), a corporation chartered and existing under the laws of the State of 1111nols with its principal offices In the city of Ralelgh, NC and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Board of County Commissioners (hereinafter called the Owner), in the full and just sum of Five Percent.of the Total Amount Bid****—*--- """" dollars ($ 5% )good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well. and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for f u-nishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid No. 24-8323 Collier 2024 South Naples Emergency Berm Truck Raul & Construction. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithfulperformonce oftho Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of:the Wiwi of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shalt pay to the OBLIGEE the fixed sum of $ 5% of Total Bid noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then thin obligation shall be null and void, otherwise to retrain in full force and effect. IN TESTIMONY Thereof; the Principal and Surety have caused those presents to be duly signed and sealed this 13th day of January .,:20 25 Principal (Seal) Surety (Seal) Appointed Producing Agent for .Hsrco National Insurance Company Page 52 of 502 1r STATE OF NEW JERSEY STATE OF ILLINOIS SIAL't County of Essex 4V County of Cook 1004 r•r lE Michael F. Zurcher Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company POWER OF ATTORNEY Bond# ETE1263 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively In the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint GREGORY J. RISNYCHOK, LAUREN WHITNEY BRUZEK King of Prussia, PA their true and lawful attomey(s)-in-fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of Indemnity and other writings obligatory In the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, Contract or otherwise, and the execution of such Instrument(s) In pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all Intents and purposes, as If the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and Is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vlce President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -In -Fact or agents with power and authority as defined or limited In their respective powers of attorney, and to execute on behalf of the Corporation and affix the CorporaUon's seal thereto, bonds, undertakings, recognizences, contracts of Indemnity and other written obligations In the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of Joint -control custodians, agents for acceptance of process, and Attomeys-In-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of Indemnity or other written obligation In the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed.* IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2024„f,• ,•� 1N8Uq�, M. SEAL f g . P: On this 31 st day of December, 2024 , before me came the Individual who executed the preceding Instrument, to me personally known, and, being by me duly swom, said he Is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said Instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. "'"SHY C •• •, �o'sAgY•: u'�;• jOUBI-�G 'i OP Na* J�Q IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION 0 Cathy Cruz a Notary Public of New Jersey My Commission Expires April 16, 2029 I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth In said Power of Attorney, with the originals on file In the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and Is now In full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, January13, 2025 A00289 Irene Martins, Assistant Secretary Page 53 of 502 L11 ANCE CONSENT OF SURETY The __ Harco National Insurance Company a corporation organized and existing under the laws of the State of Illinois, hereby guarantees the proposal of Earth Tech Enterprises, Inc. to Collier County Board of County Commissioners for #24-8323 Collier 2024 South Naples Emergency Berm Truck Haul & Construction and further guarantees that if the contract Is awarded to the said Earth Tech Enterprises, Inc. that the said Earth Tech Enterprises, Inc. will execute said contract within the period of time required after its delivery for that purpose; and further guarantees that if the contract Is so awarded to the said Earth Tech Enterprises, Inc. - that it will become surety on bond guaranteeing the faithful performance of said contract. In Witness Whereof, the said Harco National Insurance Company has caused this agreement to be signed by proper officers and Its corporate seal to be hereunto affixed, this _ 13th day of January ,20 25 Harco National Insurance Company By; . RI Chok, Attomey-in+act Bond No. ETE1263 - 4200 Six Forks Road, Sufte 1400; Relelgh,'NC 27669 Page 54 of 502 STATE OF NEW JERSEY STATE OF ILLINOIS County of Essex County of Cook Michael F. Zurcher i Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company POWER OF ATTORNEY Bond# ETE1263 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of [AT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, INC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively In the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint GREGORY J. RISNYCHOK, LAUREN WHITNEY BRUZEK King of Prussia, PA their true and lawful attomey(s)-In-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of Indemnity and other writings obligatory In the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such Instrument(s) In pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as If the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney Is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and Is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 201 S. 'RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attomeys-In-Fact or agents with power and authority as defined or limited In their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizences, contracts of Indemnity and other written obligations In the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of Joint -control custodians, agents for acceptance of process, and Attorneys -In -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of Indemnity or other written obligation In the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the some force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31at day of December, 2024 I„$$,�y, ,. ANSI '•. On this 31at day of December, 2024 , before me came the individual who executed the preceding Instrument, to me personally known, and, being by me duly sworn, said he Is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seats affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. �K Y 0 IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, n, New Jersey the day and year first above written. <<FOF-40 5, 0Cathy Cruz a Notary Public of New Jersey " CERTIFICATION My Commission Expires April 18, 2029 1, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth In said Power of Attorney, with the originals on file In the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and Is now In full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, January13, 2025 A00289 Irene Martins, Assistant Secretary Page 55 of 502 HARCO NATIONAL INSURANCE COWANY 1701 GOLF ROAD, SUITE 1-600, ROLLING MEADOWS, IL 60008 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT DECEMBER 31, 2023 ASSETS Bonds (Amortized Value),..,.... .$128,504,641 Stocks (Preferred Stocks) , .. 6,530,129 Stocks (Common Stacks) ... .. ..... _ . 928,601,943 Cash, Bank Deposits & Short -Term Investments, .:... ......... . .. 36,972,198 Other Invested Assets ...... ..... . .... . .................... 0 Unpaid Premiums & Assumed Balances ...... , , , ..... 161,876,881 Deferred Premiums, Agents Balances & Installments booked . ,; ....... 12,594,152 Reinsurance Recoverable from Reinsurers ............... 167,607,854 Reinsurance - Funds Held by or deposited with reinsured companies .. 10,193,247 Current Federal & Foreign Income Tax Recoverable & Interest .......1 0 Investment Income Due and Accrued .... .. .,. ............ 1,750,941 Receivables from Parent Subsidiaries & Affiliates .. , , ... , 9,354,321 Other Assets .... .. . .. . ............... .... ..... , . 1,294,111 TOTAL ASSETS ......................... . ....... J1 11,4BILITIES, SURPLUS & OT"ER FUNDS Losses (Reported Losses Net as to Reinsurance Ceded and Incurred But Not Reported Losses) .. .... ............... • _ .. $2D8,245,433 Reinsurance payable on paid losses & loss adjustment expense .... , .. '. , 9,146,173 Loss Adjustment Expenses ....... .. ... .................. 44,566,466 Commissions Payable, Contingent Commissions & Other Similar Charges 1,568,736 Other Expenses (Excluding Taxes, Licenses and Fees) ...... ,..... ,,, . 0 Taxes, Licenses & Fees (Excluding Federal Income Tax) :...::... 3,784,674 Current federal and foreign Income taxes ... . . ..... . ............ . 496,806 Net Deferred Tax Liability ......... ...................... 9,048,374 Unearned Premiums ...... . ....................... , ........ 155,713,778 Advance Premium ...... . . . ................... ........... , 391,769 Ceded Reinsurance Premiums Payable :.................. ... .. 95,106,803 Funds held by Company under reinsurance treaties .. .. .... .. , . 18,MZ649 Amounts Withheld by Company for Account of Others ......... 53,8M,412 Payable to Parent Subsidiaries & Affiliates ... . , , _ ., . 3,771,943 Other Liabilities .......... .............. . ...... ....... 4,754,724 TOTAL LIABILITIES ..... 5608.791.740 Common Capital Stock ........ .. , :. ....... ..:.....,..... , . $3,500,004 Gross Paid -in & Contributed Surplus ,...... ..... . ............ 670,781,&M Unassigned Funds (Surplus) ............ ............... • . 181,196,834 Surplus as Regards Policyholders ................ $855,478.672 TOTAL LIABILITIES, SURPLUS & OTHER FUNDS . , • �v1A54,270 I, John Mruk, Treasurer of HARCO NATIONAL INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets, Liabilities, Surplus and Other Funds of this Company, atthe close of business, December 31, 2023, as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of Illinois. IN TESTIMONY WHEREOF, I have set my hand and affixed the $eal QL i1.n f^ , .,. ... aLi �ti aL a .. i 1 R — L MMA HAIL, SIGNED AND SWO N to before me on this jf day NOTARY PUBLIC, STATE OF Ale r Ht ed rdid li Page 56 of 502 State of Florida Department ofState I certify from the records of this office that HARCO NATIONAL INSURANCE COMPANY is an Illinois corporation authorized to transact business in the State of Florida, qualified on May 19, 1958. The document number of this corporation is 812794. I fiirther certify that said corporation has paid all fees due this office through December 31, 2019, that its most recent annual report/uniform business report was filed on May 1, 2019, 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 YWenty-seventh day ofAugust, 2019 Secretary of State Tracking Number: 2760207S76CU To authenticate this certiticate,visit the following site,enter this number, and then follow the instructions displayed. https://services.suabiz.org/Filings/CertiilcateOfStatus/CertiticateAuthentication Page 57 of 502 9125124, 2:12 PM My Company Profile i E-Verify ! An official welosite of the United States government Here's hoA yQ np�yr E-Verify My Company Profile Company Information Company Name Earth Tech Enterprises Inc. Company ID 322056 Employer Identification Number (EIN) 593679652 DUNS Number NAICS Code 238 Subsector Specialty Trade Contractors Edit Company Information Employer Category Doing Business As (DBA) Name Enrollment Date Apr 26, 2010 Unique Entity Identifier (UEI) Total Number of Employees 100 to 499 Sector Construction Menu = hftps:lieverify.uscis.gov/account/company/profile 1!3 Page 58 of 502 9125124, 2:12 PM Employer Category My Company Profile I E-Verify None of these categories apply Edit Employer Category Company Addresses Physical Address 6180 Federal Court Fort Myers, FL 33905 Mailing Address Same as Physical Address Edit Company Addresses Hiring Sites Number of Sites 1 Edit Hiring Sites Company Access and MOU My Company is configured to: Verify Its Own Employees Memorandum of Understanding View Current MOU U.S. Department of Homeland Security. U.S. Citizenship and Immigration Services Accessibility Plug -ins Site Map https:l'everify.uscis.goviaccounticompanyiprofile 2 3 Page 59 of 502 9/25124. 2:12 PM My Company Profile I E-Verify 'y, b E rl! K PO L- S t S-I N C https://everify.uscis.gov/aoc,ounticompanylprofile 3/3 Page 60 of 502 1/13/25, 7:10 AM Detail by Entity Name DIVISION OF CORPORATIONS �ON Js v�lDrl OJ u►i offlrial 5iwe of Florida swebsile Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation EARTH TECH ENTERPRISES, INC. Filing Information Document Number P00000098390 FEI/EIN Number 59-3679652 Date Filed 10/18/2000 State FL Status ACTIVE Principal Address 6180 Federal Court Ft Myers, FL 33905 Changed: 01 /02/2018 Mailing Address 6180 Federal Court Ft Myers, FL 33905 Changed: 01 /02/2018 Registered Agent Name & Address Price, Matthew C 9921 Interstate Commerce Drive Fort Myers, FL 33913 Name Changed: 02/28/2022 Address Changed: 02/28/2022 Officer/Director Detail Name & Address Title President GEHRING, CHRISTOPHER L 6180 Federal Court Fort Myers, FL 33905 Title VP, Director https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=Er%WI•of 6& 1 /13/25 , 7:10AM Detail by Entity Name Price, William G, Jr. 9921 Interstate Commerce Drive Fort Myers, FL 33913 Title VP, Secretary, Treasurer, Director Price, Matthew C 9921 Interstate Commerce Drive Fort Myers, FL 33913 Title VP, Director Nulf, James A, Jr. 9921 Interstate Commerce Drive Fort Myers, FL 33913 Title VP Figley, Benjamin M. 9921 Interstate Commerce Drive Fort Myers, FL 33913 Annual Reports Report Year Filed Date 2022 02/28/2022 2023 04/27/2023 2024 04/11 /2024 Document Images 04/11/2024 -- ANNUAL REPORT View image in PDF format 04/27/2023 --ANNUAL REPORT View image in PDF format 02/28/2022 --ANNUAL REPORT View image in PDF format 03/15/2021 --ANNUAL REPORT View image in PDF format 07/09/2020 --AMENDED ANNUAL REPORT View image in PDF format 01/15/2020 --ANNUAL REPORT View image in PDF format 12/02/2019 --AMENDED ANNUAL REPORT View image in PDF format 01/22/2019 --ANNUAL REPORT View image in PDF format 01/02/2018 --ANNUAL REPORT View image in PDF format 03/01/2017 --ANNUAL REPORT View image in PDF format 02/11/2016 --ANNUAL REPORT View image in PDF format 01/15/2015 --ANNUAL REPORT View image in PDF format 02/26/2014 --ANNUAL REPORT View image in PDF format 01/17/2013 --ANNUAL REPORT View image in PDF format 03/13/2012 --ANNUAL REPORT View image in PDF format 03/14/2011 --ANNUAL REPORT View image in PDF format 02/16/2010 --ANNUAL REPORT View image in PDF format 07/22/2009 --ANNUAL REPORT View image in PDF format 03/23/2009 --ANNUAL REPORT View image in PDF format https:Hsearch.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=EO%WT 2 of 9k 1 /13/25, 7:10 AM Detail by Entity Name 04/30/2008 --ANNUAL REPORT 04/11/2007 --ANNUAL REPORT 04/26/2006 --ANNUAL REPORT 04/30/2005 --ANNUAL REPORT 04/28/2004 --ANNUAL REPORT 05/02/2003 --ANNUAL REPORT 03/28/2002 --ANNUAL REPORT 04/02/2001 --ANNUAL REPORT 10/18/2000 -- Domestic Profit 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 https:Hsearch.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=EO%W3 Of 5& / A� " CERTIFICATE OF LIABILITY INSURANCE/2025 M/DDI YYYY) DATE (M1/7M/DD1 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 AWA Insurance Agency 13700 Six Mile Cypress Pkwy Suite 1 CONTACT NAME: LOUrdeS GOnZa12Z PHONE FAX AIC No Ext : 239-418-1100 AIC No): 239-418-1164 ADDRESS: lourdes@awainsurance.com INSURER(S) AFFORDING COVERAGE NAIC# Fort Myers FL 33912 INSURER A: Travelers Property Casualty Company of America 25674 INSURED EARTTEC-01 Earth Tech Enterprises Inc, MCIN Bell, LLC Seagate Mine LLC and Bell Mine LLC INSURER B : Valley Fore Insurance Company 20508 INSURERC: Continental Ins Co-CNA 35289 INSURER D : Continental Casualty Company 20443 6180 Federal Ct INSURERE: Evanston Insurance Co 90993 Fort Myers FL 33905 INSURER F: Transportation Insurance Company 20494 COVERAGES CERTIFICATE NUMBER:416610728 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/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS F X COMMERCIAL GENERAL LIABILITY Y Y 7039884527 10/1/2024 10/1/2025 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR PREMISES (Ea occur DAMAGE TO ante $ 100,000 X MED EXP (Any one person) $ 15,000 25,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PE� LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: F AUTOMOBILE LIABILITY Y Y 7039884494 10/1/2024 10/1/2025 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PIP BASIC $ 10,000 C A X UMBRELLA LIAB X OCCUR 7039884513 ZOX-41N43760-24-ND 10/1/2024 10/1/2024 10/1/2025 10/1/2025 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ In nnn $ g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC 7 39884530 10/1/2024 10/1/2025 X STATUTE ERH LONGSHORE/HARB ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D INLAND MARINE 7040407695 10/1/2024 10/1/2025 IM: Rented/ Leased 1,000,000 E A POLLUTION HULL AND P&I CPLMOL113311 ZOH-71 N44196-24-ND 10/1/2023 10/1/2024 10/1/2025 10/1/2025 POLL: Occ/Gen Agg P&I: Each Occurrence 1000000/2000000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project : Collier Beach Berm and Truck Haul Bid 24-8323 Collier County Board if County Commissioners are included as additional Insured under the captioned commercial General Liability and automobile liability policies on a primary and non contributory basis if and to the extent required by written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Commission Purchasing ACCORDANCE WITH THE POLICY PROVISIONS. Dept AUTHORIZE)) REPRESENTATIVE 3327 Tamiami Trail East Naples FL FL 34112 f ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 64 of 502 2b EARTH TECH &4TERPRIISES Beach and Marine Client References Collier County, Florida Andy Miller — Principal Project Manager Coastal Zone Management 2800 South Horseshoe Drive Naples, Florida 34014 239-252-2922 anuiew.iviuier LcolliercountyfLgov Citrus County, Florida Francine Noble -Director Parks and Recreation 2804 West Marc Knighton Court Lecanto, Florida 34461 352-527-7540 francine.noblesowcitrusbocc.com City of Key West, Florida Public Works Department 633 Palm Ave Key West, Florida 33040 305-809-3867 City of Sanibel Lee County Florida Department of Natural Resources Steve Boutelle -Manager Public Works Department 1500 Monroe Street Fort Myers, Florida 33901 239-533-8128 sbouteile@lee.gov Leonardo Arms Beach Club Association Timothy Baggett, Manager 7400 Estero Blvd Fort Myers Beach, Florida 34228 239-878-3010 timothyabaggett@gmail.com Page 65 of 502 EARTH TECH Eh Tr--RPAI5FS Town of Fort Myers Beach Chadd Chustz-Environmental Project Manager 2731 Oak Street Fort Myers Beach ,Florida 33931 239-462-8127 ibrownman@ longboatkey.orp Town of Long Boat Key Isac Brownman, Director Public Works Department 600 General Harris Street Long Boat Key, Florida 34228 941-361-1988 iuf uwi I IlaI i lW 1ui`ikuUd tKey.ui g Page 66 of 502 FORM 12 - BIDDERS CHECKLIST IMPORTANT: No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. Please read carefully, sign in the spaces indicated and return with your Bid. FAILURE TO PROVIDED THE BID DOCUMENTS MAY BE GROUNDS TO DEEM YOU NON-RESPONSIVE/NON- RESPONSIBLE. Bidder should check off each of the following items as the necessary action is completed: ✓1. The Bid has been signed. ✓2. The Bid prices offered have been reviewed. The price extensions and totals have been checked. ✓4. Bid Schedule has been completed and attached. `f5. Any required drawings, descriptive literature, etc. have been included. ,A6. Any delivery information required is included. V/7. The following on-line standard documents have been reviewed and accepted in BidSync: ✓,. Construction bid instructions form ✓ Construction services agreement c. Purchase order terms and conditions V/8. All of the following bid forms have been completed and signed: r/a. Bid Form (Form 1) ✓b. Contractors Key Personnel (Form 2) v/c. Material Manufacturers (Form 3) List of Major Subcontractors (Form 4) \,,6- Statement of Experience (Form 5) ✓f. Trench Safety Act (Form 6) ✓g. Bid Bond Form (Form 7) ✓h. Insurance and Bonding Requirements (Form 8) Vi. Conflict of Interest Affidavit (Form 9) Vendor Declaration Statement (Form 10) Vc. Immigration Law Affidavit Certification (Form 11) MUST be signed and attached with your submittal. Signed Grant Provisions and Assurances package in its entirety, if applicable, are executed and � should be included with your submittal. 11/9. Copies of required information have been attached ,l Business tax Receipt (Collier County Businesses Only) ✓b. Company's E-Verify profile page or memorandum of understanding ✓c. Certificate of Authority to Conduct Business in State of Florida (sunbiz.org) ✓d. Any required professional licenses — valid and current (myfloridalicense.com) (ie: General Contractors license, Underground Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested and/or required.) ✓e. Vendor W-9 Form \/I 0. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been submitted. 11. Any addenda have been signed and acknowledgement form attached and included. VII2. The Bid will be uploaded in time to be received no later than the specified opening date and time, otherwise the Bid cannot be considered. Page 67 of 502 Collier 2024 South Naples Emergency Berm Truck Haul & Construction Construction ITB #24-8323 Bid Schedule Bid Description: Transport, placement and grading of pre -purchased beach fill material from Stewart's Immokalee Sand mine to South Naples Beach, and associated construction tasks. Bids will be awarded to the lowest responsive and responsible bidder. ITEM DESCRIPTION Units Quantity Unit Price Total NO. 1 Mobilization/ Demobilization LS 1 $42,000.00 $42,000.00 2 Haul Road Asphalt Pavement Repairs SF 3000 $S.00 $1S,000.00 3 33rd Avenue South Access: Transport, Fill Placement, Grading, and Sand Analysis Tons 45000 $22.50 $1,012,500.00 4 Maintenance of Traffic (MOT) and Weight Ticket Tracking LS 1 $85,000.00 $85,000.00 5 Set Up and Repair of Access Points. LS 1 $14,000.00 $14,000.00 6 Additional off -duty officer* (see note below) Days 10 $1,000.00 $10,000.00 Total Bid: $1,178,500.00 *One off -duty officer is included in the price bid for item 4, MOT and Weight Ticket Tracking. Page 68 of 502 FORM 1- BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Collier 2024 South Naples Emergency Berm Truck Haul & Construction BID NO.24-8323 Full Name of Bidder Earth Tech Enterprises, Inc. Main Business Address 6180 Federal Court, Fort Myers, Florida 33905 Place of Business Fort Myers, Florida Telephone No. 239-774-1223 State Contractor's License # CGC1526166 Fax State of Florida Certificate of Authority Document Number P00000098390 Federal Tax Identification Number 59-3679652 DUNS # 171511137 CCR# Cage Code 4YD47 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractors Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall he provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the Construction Solicitation Doc rev 04152022 Page 69 of 502 event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within Thirty (30) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within Thirty (30) consecutive calendar days after the date the Punch List is delivered to the Contractor, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent Signature: r —57 Benjamin M. Figley Title: MiE-6" resident Date: 01-13-2025 Construction Solicitation Doc rev 04152022 Page 70 of 502 FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Collier 2024 South Naples Emergency Berm Truck Haul & Construction Bid No. 24-8323 Name Christopher Gehring Sophie Luyckx Construction Solicitation Doc rev 04152022 Personnel Category Construction Superintendent Project Manager Page 71 of 502 FORM 3 - MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Earth Tech Enterprises, Inc. Signature: Section B (Exception requested to Bid specifications manufacturers and materials) Date: 01-13-2025 EXCEPTION MATERIAL EXCEPTION MANUFACTURER Please insert additional pages as necessary. Company: Signature: Date Construction Solicitation Doc rev 04152022 Page 72 of 502 FORM 4 - LIST OF MAJOR SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non -compliant or non -qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non -compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical N/A 2. Mechanical N/A 3. Plumbing N/A 4. Site Work Self -Perform 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: Earth Tech Enterprises, Inc. Signature: Construction Solicitation Doc rev 04152022 Date: 01-13-2025 Page 73 of 502 FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. SEE ATTACHED PROJECT PROFILES The Bidder is required to provide five (5) project references, stated below, of what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. I. EXHIBITS 1-14 (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project start/completion dates) (contract value) (phone) (email) 2. 0 (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project start/completion dates) (contract value) (phone) (email) (project name) (project location) (project description) (project owner) (Owner's address) (Owner's contact person) (project start/completion dates) (contract value) (phone) (email) Construction Solicitation Doc rev 04152022 (title) Page 74 of 502 FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER 4. 5. (project name) (project location) (project description) (project completion date) (contract value) (project name) (project location) (project description) (project completion date) (contract value) Company: Earth Tech Enterprises, Inc. Signature: en n M. Figley -Vice President Construction Solicitation Doc rev 04152022 (project owner) (Owner's address) (Owner's contact person) (title) (phone) (email) (project owner) (Owner's address) (Owner's contact person) (title) (phone) (email) Date: 01-13-2025 Page 75 of 502 EARTH TECH ENTERPRISES Earth Tech Enterprises Beach Proiect Experience Estero Island Truck Haul ( completed June 2024) Fort Myers Beach, Florida Contract: $ 3,881,430 Owner Contact The Town of Fort Myers Beach Chadd Chustz- Environmental Projects Manager 2731 Oak Street Fort Myers Beach, FI 33931 239-462-8127 �,duu+y..iina�ay.earn Earth Tech was awarded a contract to The scope of the project called for the truck in- haul of approximately 165,000 tons of FDEP approved beach sand from Stewart Materials Mine located in Immokalee, Florida. The scope was to restore public beach access points, improve public beach accesses with ADA guideline access slopes, construct new emergency berm, construct emergency berm segments to connect emergency berm previously constructed by others, repair emergency berm segments previously constructed by others, fill Newton Park, and fill scour holes to offset the impacts caused by Hurricanes Ian and Nicole This project was in very active high- end residential area. The work was completed during the height of the winter tourist season. 60,000 tons of sand had to be placed with in an extremely tight environmental window to beat the shore bird nesting season. The owner and stakeholders were highly sensitive to any impact to this popular beach and resorts surrounding the area. Extensive coordination was done with law enforcement to minimize the negative impacts of a large truck in haul. At the Southern end of the beach sand was transport directly on to the beach. On the Northern end of the beach off road haul trucks were used to transport sand to beach. The criteria called for placement to create an upland beach and to add sand areas washed out from Hurricane Ian. Sand was also placed to restore (3) public beach areas and (40) public beach access points. Due to sensitivity of the schedule the contract required Earth Tech to maintain production at both sites and work 6 days a week. The scope of the nourishment contract requirement included beach transport with escorts, placement of sand, surveying, turbidity observation, dune restoration and compliance with permits Issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and Marine Fish and Wildlife Sanctuary EXHIBIT 1 Page 76 of 502 EARTH TECH ENTERPRISES Sanibel island Post Hurricane Ian Emergency Berm / Beach Recovery Project (completed May 20241 Sanibel Islands, Florida Cost $75,200 Owner Contact: City of Sanibel c/o Humiston & Moore Engineers Brett Moore, P.E. President 5676 Strand Court Naples, Florida 34110 239-594-2021 bdm Cd,hu minstonandmoore.com This project was located within Sanibel Island's Gulf -Front Shoreline. The work consists of construction of a beach and dune post storm emergency berm and recovery project involving the placement of beach quality sand to restore the beach and dune areas along Sanibel Island's Gulf -Front shoreline. Earth Tech opted to use a hydraulic excavator to dig 8,500 cubic yards of sand of "over wash" from a upland lagoon. With no land access to the equipment had to be taken down and active beach and to avoid daytime closure of the public beach access area. EXHIBIT 2 Page 77 of 502 EARTH TECH ENTERPRISES Beach Sand Restoration -Various County Parks_ Punta Gorda, Florida Cost $132,667 Owner Contact Charlotte County Board of County Commissioners Jennifer Henderson- Parks and Recreation Project Mangager 2804 West Marc Knighton Court Lecanto,FL 34461 352-527-7540 Francine_noblestWcirtusbocc.com Citrus County Florida contracted with Earth Tech Enterprises to supply and transport approximately 6,200 tons of FDEP approved beach sand from Cemex Materials Mine in Davenport, Florida. The work has to be in compliance with permits issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and Marine Fish and Wildlife Sanctuary This was a truck haul only. EXHIBIT 3 Page 78 of 502 EARTH TECH ENTERPRISES; Fort Island Beach Sand Re -nourishment Completed February 2020 Crystal River, Florida Cost $272,80D Owner Contact Citrus County Board of County Commissioners Francine Nobles -Director Parks and Recreation 2804 West Marc Knighton Court Lecanto, FL 34461 352-527-7540 Citrus County Florida contracted with Earth Tech Enterprises to supply and transport approximately 6,200 tons of FDEP approved beach sand from Cemex Materials Mine in Davenport, Florida. The work has to be in compliance with permits issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and Marine Fish and Wildlife Sanctuary This was a truck haul only. The sand was placed on the beach by county forces The project took approximately 5 days to complete. EXHIBIT 4 Page 79 of 502 EARTH TECH ENTERPRISES Earth Tech Enterprises Beach Proiect Experience Clam Pass, North Park Shore Beach Re -Nourishment Proiect Completed November 2019 Naples, Florida Contract: $ 3,579,500 Owner Contact Collier County Board of County Commissioners Gary McAlpin P.E. Coastal Zone Manager 2800 North Horseshoe Drive Naples, FL 34104 239-252-5342 _jarvMcNlpinI&colherk ov.net This was a repeat project for Collier County's' Coastal Zone Management Department. The award to Earth Tech this contract to Re -Nourish three areas of beach in Northern Collier County. The scope of the project called for the truck In- haul of approximately 165,000 tons of FDEP approved beach sand from Stewart Materials Mine located in Immokalee, Florida. This project was in very active high- end residential area tourist season. The owner and stakeholders were highly sensitive to any impact to this popular beach and resorts surrounding the area. Extensive coordination was done with law enforcement to minimize the negative impacts of a large truck in haul. At the Southern end of the beach sand was transport directly on to the beach. On the Northern end of the beach overland conveyors were used to transport sand to beach. The criteria called for (2) dump/placement sites operating and once. Due to sensitivity of the schedule the contract required Earth Tech to maintain production at both sites and work 7 days a week. The scope of the nourishment contract requirement included beach transport with escorts, placement of sand, surveying, turbidity observation, dune restoration and compliance with permits issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and Marine Fish and Wildlife Sanctuary EXHIBIT 5 Page 80 of 502 EARTH TECH ENTERPRISE' s Smathers Beach Nourishment (truck in haul & placement) Completed June 2019 Key West, Florida Contract: $ 1,236,160 Start Date: Required Completion: Actual Completion: Contractor: Manager: Engineer: Owner Contact City of Key West Florida The City of West awarded Earth Tech this contract to Re -Nourish their main beach Smather's Beach and three smaller beaches along the Atlantic Ocean. The scope of the project called for the truck In- haul of approximately 20,760 tons of FDEP approved beach sand from Vulcan Materials Witherspoon Mine located in Moorehaven, Florida. Earth Tech assisted the City of Key West with the direct materials purchase program allowing the City to directly purchase the sand materials. Earth Tech was responsible to truck the materials to the jobsite. The contract required Earth Tech to work with City's staff to conduct individual truck QC sampling and recording of tonnages (by truck ticket). This project was started at the height of the winter tourist season. The owner and stakeholders were highly sensitive to any impact to this popular beach and resorts surrounding the area. Earth Tech set up a large staging area for trucks in the right away directly across from the beach. With the ability to stage a significant number of sand trucks, the daily placement of sand was greatly accelerated without taking away parking for beach goers. Temporary fencing, way finder signs and groundmen were used to route beach goers around the work sites The scope of the nourishment contract requirement included beach transport with escorts, placement of sand, surveying, turbidity observation, dune restoration and compliance with permits issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and Marine Fish and Wildlife Sanctuary Earth Tech began work on May 21,2019 and has completed all work by June 6, 2019. The total duration of 16 days well ahead of the 45 days allowed. EXHIBIT 6 Page 81 of 502 EARTH TECH eNTERPRISES Central Marco Island Beach re -grade (dredize and placement) Completed April 2019 Marco Island, Florida Cost $ 1,153,100 Owner Contact Collier County Board of County Commissioners Gary McAlpin P.E. Coastal Zone Manager 2800 North Horseshoe Drive Naples, FL 34104 239-252-5342 GaryMcAilpin,ad)collieri:ov.net The regrading involved relocating approximately 175,000 cubic yards of sand from the swash zone (above -5.0 feet NAVD) landward creating a gradual slope from the dune area at approximately +6.5 feet NAVD (+0.5/-0.0 feet) at the most landward point to existing grade along the beach upland of the area of excavation. Earth Tech accomplished the work using a series of hydraulic excavators, off road haul trucks and dozers. This project was started at the height of the winter tourist season. The owner and stakeholders were highly sensitive to any the negative fall out if the project encumbered on residents or visitors to the beach. To ensure that there was minimal impact to beach use, the project area work area was broken up and constructed in three segments. Each segment was completed to design intent before moving on to the next segment. Extensive temporary fencing, way finder signs and groundmen were used to route beach goers around the work sites. Additional challenges occurred when active gopher tortoise and burrowing owl habitats were discovered inside the work zone. In conjunction with Collier County environmental staff, state and federal agencies, Earth Tech modified their work plan to coordinate hauling and sand placement to avoid any impact to the required protective zones. The scope of the nourishment contract requirement included beach transport with escorts, placement of sand, surveying, turbidity monitoring, dune restoration and compliance with permits issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and FEMA. Earth Tech began work on February 2,2019 and finished on April 15, 2019 for at total of 70 days. This was 5 days ahead of the contract duration. EXH I BIT 7 Page 82 of 502 EARTH TECH Et TE RPRISE S North End Interim Beach Nourishment (truck in haul & placement) Completed September 2018 Longboat Key, Florida Cost $1,109,5o0 Owner Contact Town of Long Boat Key, Florida Isac Brownman, Public Works Director 600 General Harris Street Longboat Key, Florida 34228 (941) 361-1988 ibrownman(, .onpboatkey.org This was the third project Earth Tech completed for The Town of Long Boat Key. This was an emergency award to take care of some badly eroded sections of public beach at the Northern end of Long Boat Key. The scope of the project called for the truck in -haul of approximately 30,000 tons of FDEP approved beach sand from Cemex Materials Mine in Davenport, Florida. A particular challenge was the limited access to beach and adequate staging for the sand trucks. The truck staging was along residential streets. This required a very detailed MOT plan and extensive coordination with town staff and public safety officials. In order to get on to the beach existing fence and beach berms/dunes were removed. Upon completion new berms where constructed and native dune vegetation was planted. An existing concrete T groin was in the center of the beach fill area and Earth Tech was required to construct a structural sound ramp system to allow transport of the sand over the Tgroin to avoid damage. The contract requirements included beach transport with escorts, placement of sand, surveying, turbidity monitoring, dune restoration and compliance with permits issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and FEMA. Earth Tech also completed the post construction surveys including required as built survey. Due to unusual red tide events, this beach was closed to the public throughout the duration of the project. This greatly assisted the schedule. The work was completed in 20 days a full 10 days under the 30 day time window established by the Town of Long Boat Key. EXHIBIT 8 Page 83 of 502 EARTH TECH ENTERPRISES 2016 Beach Nourishment (truck in haul & placement) Completed December 2016 Naples, Florida Cost $1,923,100 Owner Contact Collier County Board of County Commissioners Gary McAlpin P.E. Coastal Zone Manager 2800 North Horseshoe Drive Naples, FL 34104 239-252-5342 Ga-tym-0 in@collier ov.net This was the second consecutive time Earth Tech was awarded the contract for Collier County's Beach Nourishment program. The scope of the project called for the truck in- haul of approximately 116,000 tons of beach sand from Stewart Materials Mine in Immokalee, Florida. Collier County purchased the sand materials direct under contract with the sand mine. Earth Tech was responsible to truck the materials to the jobsite. The contract required Earth Tech to work with Collier County staff to conduct individual truck QC sampling and recording of tonnages (by truck ticket). The area this beach nourishment was lined with high end residential condominiums and beach front resorts including the Naples Ritz Carlton. The work was done during the height of the winter tourism season. Access to the two beach segments was limited to only a single access at each location. To accelerate the schedule, Earth Tech duplicated operations and worked both segments of the beach at the same time. This effort required extensive maintenance of traffic, daily construction of temporary routes for the public to get on and off the beach, 2 way radio communication with the offsite staging to move trucks in and out without shutting down roads or disrupting normal traffic patterns and daily communication with law enforcement agencies as it relates maintaining the approved truck travel routes The nourishment contract requirements included beach transport with escorts, placement of sand, tilling, surveying, turbidity monitoring, dune restoration and compliance with permits issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and FEMA. Earth Tech also completed the post construction surveys including required as built survey. No beach activities were permitted the Thursday, Friday, Saturday, and Sunday of Thanksgiving Beach nourishment activities began November 2, 2016. The contract called for substantial completion of all work by January 3, 2017. Earth Tech had the project completed and fully accepted in December 10, 2016, which was approximately 3 full weeks ahead of schedule. EXHIBIT 9 Page 84 of 502 A1 : EARTH TECH ENTERPRISES 2016 South End Emergency Beach Nourishment (truck in haul & placements Completed October 2016 Longboat Key, Florida Cost $1,813,100 941- Duration: 9 days Owner Contact Town of tong Boat Key, Florida Juan Florensa, Public Works Director 600 General Harris Street Longboat Key, Florida 34228 (941) 361-6411 ext. 2210 fi larensa(�lan�boatkey_or After the successful completion of the Central Key Beach re -nourishment, the Town of Long Boat Key award Earth Tech Enterprises an emergency in haul truck sand placement project in front of the Resort at Longboat Key Club. This was to start upon completion of the town's 210,000 cubic yard off shore dredging project. The contract called for Earth Tech to mobilize to the site on Monday September 19, 2016 to ensure that the work would be completed by mid -October to minimize the impact to the resort's seasonal bookings. On September 2, 2016 Hurricane Herminie passed off the coast of Longboat Key, which delayed the de -mobilization of Norfolk Dredging. Earth Tech was able adjust their mobilization operations and made the required man power adjustments to allow Norfolk Dredging to simultaneously de -mobilize through our project at the South end beach therefore, eliminating schedule impacts to both projects. This project called for the truck in- haul of approximately 50,000 tons of beach sand from Stewart Materials Mine in Immokalee, Florida. Access to the beach was between the Resort at Longboat Key Club and New Pass. Earth Tech provided extensive maintenance of traffic and coordination to avoid disruption to the resort's guests, staff and daily beach activities. Earth Tech constructed a truck access corridor directly off the resort's main parking area and between two of the resort's guestroom buildings, which remained active during the project. Due to the lack of beachfront Earth Tech had to first construct a pad out into the Gulf of Mexico to build a pad for the beach mats required for stockpiling of sand and area to load off road haul trucks. Scope of work for Earth Tech Enterprises included truck haul of sand, beach transport with escorts, placement of sand, tilling, surveying, turbidity monitoring, and compliance with permits issued by FDEP, Army Corp of Engineers, LID Fish and Wildlife and FEMA. This project was done during one of most active Sea Turtle nesting seasons in history and Earth Tech's on -site personnel worked extremely close with Mote Marine's turtle nest monitoring staff to ensure that beach hauls and sand placement did not impact numerous active sea turtle nests. As with most beach nourishment projects Earth Tech's operations were Monday through Saturday 6:30 a.m. to 7:30 p.m. averaging 4,500 tons of in haul materials each day. Earth Tech completed the project in 9 days, despite the significant challenge of allowing another contractor to de -mobilize through our work area and avoided distribution to normal working operations of the resort and activities of the guests. EXHIBIT 10 Page 85 of 502 EARTH TECH ENTERPRISES Central Key Beach Nourishment Project (truck in haul & placement) Completed July 2016 Longboat Key, Florida Cost $10,966,375 Duration: 100 days Owner Contact: Town of Longboat Key Florida Juan Florensa, Public Works Director 600 General Harris Street Longboat Key, Florida 34228 (941) 361-6411 ext. 2210 iflorensa @Iongboatkey-ora In March of 2016 Earth Tech Enterprises, Inc. was awarded a contract with the Town of Longboat Key, Florida for a truck haul and placement of 307,000 tons of sand for the Central Key Beach Nourishment. The project area covered approximately 8.0 miles of beach. Earth Tech selected sand from Stuart Materials in Immokalee, Florida. The truck haul routes were through downtown Sarasota and St. Armand's Circle. Once on to Longboat Key, trucks were limited to using the two lane Gulf of Mexico Drive. This required above normal maintenance of traffic planning and daily communication with the town and public safety agencies. The nourishment contract requirements included truck haul of sand, beach transport with escorts, placement of sand, tilling, surveying, turbidity monitoring, dune restoration and compliance with permits issues by FDEP, Army Corp of Engineers, UD Fish and Wildlife and FEMA. Earth Tech also completed the pre and post construction surveys including required as built survey. The project was broken into three segments each with an .access corridor on to the beach. These corridors had limited space and during peak periods of truck traffic, Earth Tech was staging trucks at various locations on Longboat Key because the contract would not allow staging of trucks along Gulf of Mexico Drive. Another particular challenge was the requirement that work was limited to one segment at a time. Upon completion of each segment Earth Tech was required to demobilize restore the area and them mobilize to the next segment. Additionally, the project was underway during an extremely active Sea Turtle Nesting and Shorebird Nesting season Earth Tech worked closely with the regulatory agencies including early morning meetings with Mote Marine's Sea Turtle Nest monitoring team and the Shore bird monitoring consultant for clearance prior to the start of beach haul activities. The Town of Longboat Key's contract called for October 19, 2018 Substantial completion and Earth Tech was substantially complete on July 13, 2016. During the (100) days on site Earth Tech hauled in and placed on average 3,070 tons of sand, which was well above the contractual minimum of 2,000 tons sand. Earth Tech was able to achieve this schedule despite losing production days due to Tropical Storm Colin and mandatory shut downs over Memorial Day and July 411 weekends. EXHIBIT 11 Page 86 of 502 EARTH TECH ENTERPRISES Naples Beach Re -nourishment (sand placement) Completed November 2014 Naples, Florida Cost $ 748,000 Owner Contact Collier County Board of County Commissioners Gary McAlpin P.E. Coastal Zone Manager 2800 North Horseshoe Drive Naples, FL 34104 239-252-5342 GarvMcAlpin colliergov.net The Collier County Board of County Commissioners contracted with Earth Tech Enterprises to place, grade and transport approximately 90,000 tons of beach quality sand on Naples Beach to repair damages as a result of Tropical Storm Debby. This was a truck haul project with sand provided from the Stewart Mine in Immokalee, Florida. The county had a contract with another vendor to supply and deliver the sand. Scope of work for Earth Tech Enterprises included beach transport, placement of sand, tilling, surveying, turbidity monitoring, and compliance with permits issues by FDEP, Army Corp of Engineers, UD Fish and Wildlife and FEMA. Beach nourishment activities began November 10, 2014. The contract called for substantial completion of all work in (34) consecutive calendar days and fully completed to the point of final acceptance by the owner within seven (7) consecutive calendar days after Substantial Completion. No beach activities were permitted the Thursday, Friday, Saturday, and Sunday of Thanksgiving. The project was completed and fully accepted in December 15, 2014. EXHIBIT 12 Page 87 of 502 EARTH TECH RMTERPRISES Clam Pass — Emergency Beach Repairs (dredging and upland sand placement) Completed April 2013 Naples, Florida Cost $ 206,000 Owner Contact: Collier County Florida c/o Humiston & Moore Engineers Brett Moore, P.E. President 5676 Strand Court Naples, Florida 34110 239-594-2021 bdmPhuminstonandmoore.com This project involved Earth Tech completing emergency repairs at Clam Pass, the inlet between Clam Bay and the Gulf of Mexico. Since January 2013 Clam Pass had been closed off from the Gulf of Mexico due to the accumulation of sand that had migrated into the channel, cutting off tidal exchange and jeopardizing the health of the Clam Bay estuary system. The U.S. Army Corp of Engineers issued Collier County a Nationwide Permit 3 for "emergency" one time dredging of the inlet. Special conditions were added to the permit to protect manatees and sea turtles. The permit also specified that dredging had to be performed from the bay side toward the Gulf of Mexico, with the final cut reconnecting Clam Bay done at low tide. Earth Tech opted to use a series of track backhoes cut 25,000 cubic yards of sand from the inlet to open water flow into the pass. With no land access to the upland dump sites, the materials were transported on the beach. Grading and placement of the sand had to be done at night to avoid daytime closure of the beachfront areas used by the Pelican Bay Community to South and Naples Grande Hotel to the North. EXHIBIT 13 Page 88 of 502 EARTH TECH ENTi`RPRISES Doctors Pass — Emergency Beach Berm Nourishment (haul in with convevors) Completed July 2010 Naples, Florida Cost $90,000 Owner Contact Collier County Board of County Commissioners Gary McAlpin , Coastal Zone Manager 2800 North Horseshoe Drive Naples, FL 34104 239-252-5342 GaryMcAlpin Pcollieraov.net Collier County officials declared a state of emergency to fix an eroded dune that had left two condominiums south of Doctors Pass in Naples vulnerable to hurricanes. Collier County hired Earth Tech because of their previous experience with beach nourishment projects. This was a 10,000 ton truck haul project with sand provided from the Stewart Mine in Immokalee, Florida. Access to the beach work area was severely restricted and sand placement to the work area was done using a series of conveyors. Additional challenges Earth Tech overcame include working through daily summer storms, protection of existing dune vegetation and coordination of work with regulatory agencies to avoid disruption to active sea turtle nests that were with in projection area. EXHIBIT 14 Page 89 of 502 FORM 6 - TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE. Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure uanti Cost (Description) L( F.SY) 1. Benching LF $5.00 2. 3. 4. 5. TOTAL $ Company: Earth Tec�a Enterprises, Inc. ram M. Figley - Vice President Construction Solicitation Doc rev 04152022 Date: 01-13-2025 Page 90 of 502 alld c gin% c� _ Of the U�t 57,_ princi Co Sta��s and Pal end r1y by th,e,&0— egWPmes the princi 24'8313 Collle202r, — — — — . , rHE1tEF �, anIQd the toed Agee 0 . YS ts $, tears of � ent wi — — — ---- -- — - og.Doc Bid, — failure the Prom t or C`ors ofthe p P Payer certificate 1 QpAr— t r2 as liquidate ofrnsuran d ce, rf'tl� void � T, othe�s�rgm$ � �n 13thESTjM�� daY of�� Faith r Appointed r'Oducing Ag 012 /*i for _ Page 91 of 502 Page 92 of 502 7. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 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. GG — 12/10/2024 Page 93 of 502 -e Collier County FORM 9 — CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the pastor currently being worked on for the above - mentioned project; and, 2. Indicate if the infortation 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 furn (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. Earth Tech Enterprises, Inc. Company Name Signature Benjamin M. Figley - Vice President Print Name and Title State of County of t- Er' The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization, this q tc day of (month), 2-023 (year), by 8�„ �_ .,n,; , /37 , y�� (name of person acknowledging } ' �►RY P"' -, JOHN J ECKERLEttI =Qy —Notary Public - State of Florida igna re of Notary Public -State of Florida) Personally Kno%f -� - Commission # HH 604425° orf -,P My. Comm. Expires Dec 21, 202E 34nded through National Notary Assn Type, or Stamp Commissioned Name of Notary Public) Type of Identification Produced Page 94 of 502 Collier County FORM 10 —VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub - vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 13th day of January 2025 in the County of Lee , in the State of Florida Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Earth Tech Enterprises, Inc. 6180 Federal Court Fort Myers, Florida 33905 P00000098390 59-3679652 4YD47 Telephone: 239-774-1223 Email: cg@earthtechenterprises.com Signature by: Benjamin M. Figley (Typed and written) Page 95 of 502 Title: Vice President Additional Contact Information Send payments to: Earth Tech Enterprises, Inc. (required if different Company name used as payee from above) Contact name: Richard Bieller Title: Controller Address: 9921 Interstate Commercre Drive City, State, ZIP Fort Myers, Florida 33913 Telephone: 239-774-1223 Email: richard@earthtechenterprises.com Office servicing Collier (same as above) County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Secondary Contact for this Solicitation: Email: Phone: Page 96 of 502 Z) Collier County r FORM 11- IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. Acceptable evidence consists of a copy of the properly completed 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 bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) that it is aware of and in compliance with the requirements set forth in Florida Statutes W8.095. and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal bid. Earth Tech EntegOses, Inc. Company Name Signature Benjamin M. Figley - Vice President Print Name and Title State of FL County of Ltf The foregoing instrument was acknowledged before me by means of K physical presence or ❑ online notarization, this I "- day of (month), 9-025� (year), by 3Q2av min (name of person acknowledging). AY a JQHN J ECKERLE 111 AY A(�4c-. Notary Public -State of Florida L ,, �pCommission # HH 604425 �aFfy.1.11. My Comm. Expires Dec 21, 2028 Banded through Nad ersonally Known OR Produced Identification Type of Identification Produced ZZZ2_e (Sign re of Notary Public - State of Florida) Type, or Stamp Commissioned Name of Notary Public) Page 97 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. a 2 G.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.G. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 Page 98 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements 200.322 As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 Page 99 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 Page 100 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: Comprehensive Procurement Guideline (CPG) Program I US EPA The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and, Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 Page 101 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained underthis provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 Page 102 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 Page 103 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 Page 104 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES STATE OF FLORIDA PROVISIONS DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSITANCE PROGRAM Applicable Laws - The County and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The County shall include this provision in all contracts issued. Data Collection: The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: Project Monitoring (floridadep.gov) In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest and to be consistent with Section 287.057(17)(a)(1), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitoring contractor to the Florida Department of Environmental Protection/County/permittee/engineering consultant. The County's engineering consultant must provide an adequate mitigation plan, consistent with Section 287.057(17)(a)(1), F.S., including a description of organizational, physical, and electronic barriers to be used by the County's engineering consultant, that addresses conflicts of interest when contracting multi -disciplinary firms for Project engineering and post -construction environmental monitoring services, or when the Project engineering consultant firm subcontracts for post -construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and mangrove resources. Equal Employment Opportunity: No person on the ground of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, otherwise subjected to discrimination. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. Local Preference: Pursuant to Section 255.0991, F.S. local vendor preference is not applicable Physical Access and Inspection: Grantor personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. The County shall provide access to any location or facility on which County is performing work, or storing or staging equipment, materials or documents. ii. The County shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. The County shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. Record Retention: A. The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is EXHIBIT I - 8 Page 105 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES made and shall allow the County, the State, or its authorized representatives access to such records for audit purposes upon request. Statutory Notices Relating to Unauthorized Employment: The County shall consider the employment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement Statutory Notices Relating to Subcontracts: Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may notsubmit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. EXHIBIT I - 9 Page 106 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Earth Tech Enterprises, Inc. Date 01-13-2025 Authorized Signature Benjamin M. Figley - Vice President EXHIBIT I -10 Page 107 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Benjamin M. Figley Name SAM.gov Unique Entity ID (UEI) Number Vice President 4YD47 Title CAGE Number Earth Tech Enterprises, Inc. Firm 6180 Federal Court, Fort Myers, Florida 33905 Street Address, City, State, Zip 4iiaenjamin M. Flgley _ Vice President EXHIBIT I - 11 Page 108 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COWER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Staun will be verified. Ur wwifable statuses will require the PRIME to either proiWe. a revised statement or provide source dDmff*ntadDn that validates a "US. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FEW NU IBER CONTRACT DOLLAR AMAOUtTT Earth Tech Enterprises, Inc. 56-3679652 TBD ISTHE PRIME A R DRIDA#R7tHED DISADVANTAGED, VETERAN Y N ✓ IS THE ACfiVITV OF THIS COHTRACC_ MINORITY CM WOMEN BUSINESS ENTERPRISE? DBE? Y N CONS S wcrION ? Y✓ N (DBE/MSE/WBE) OR HAVE A SMAtL DISADVANTAGED BUSINESS SA CERTIFICATION FROM THE SMALL BUSINESS MBE? Y N✓ CONSULTATION? Y N✓ ADMINISTRATION; ASERIOCEDISABLED VETERAN 2 WISE? Y N✓ OTHER? Y N�/ Is OR E,. Y N✓ ISTNSSUBMISSION AREVIS1ON? Y N✓ F+ES.RE,'SICNNUNISEP n/a B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OFVVORK OR ETHNICITY COIDE SUSfSUPPLIER PERCENT OF CCOMACT VETERAN NAME SPECIALTY Isee Bela o DOLLAR AMOUNT DOUARS WBE Gulfshore Trucking Hauling 0 TBD TBD TOTALS C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBaATTTER DATE TITLE OF SU'BMtrm Earth Tech Enterprises, Inc. 01-13-2025 Vice President EM A,ILADDRESSOFPRIME{SUBMTITERI TELEPHONE NUMBER FAXNUMBER cg@earthtechenterprises.com 239-774-1223 NOTE: This information is used to track and report anticipated DBE or MBE participation in federal"rided coaaacts_ The anticipated DBE or MBE amount is volurrtary and will not become part of the contractual terms. This form mast be submitted at time of rewnnse to a sa icitation_ If and when awarded a Countf contract, the prime will be asked to update the information for the grant comp`iance files. ETHN It ITV CODE e'ack�tne�tanl B� ffispanicAmerkan HA Hatve Arne -:Lin tr:. Subcorn.Asian Amerkan SAA Asia-Fa:7fc A rne. scan _Pr Non-Kinoriip Women wr" rat =ant ath4-grc-ir. i Red lI D. SECTION TO BE COMPLETED BY COWER COUNTY DEPARTIMENTHAME I OD1.Lt'ERcoNTRACT# ntmP.,polREG GRANT PROGRW/CONTRACT ACCEPTEQ BY. DATE EXHIBIT I - 12 Page 109 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person .for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Earth Tech Enterprises, Inc. Contractor (Firm Name) of Contractor's Authorized Official Benjamin M,`Figley - Vice President Name and Title of Contractor's Authorized Official 01-13-2025 Date EXHIBIT I - 13 Page 110 of 502 FORM 8 - INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self - insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverageLss,) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverageLss,) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. Page 111 of 502 Collier County Florida 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 hM2s://apps.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 $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury current ISO form Liability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ® Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ 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 $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence Page 112 of 502 7. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 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. GG — 12/10/2024 Page 113 of 502 pq Q O LL LL 0 LLI V) v/ I z O F— r� V W ..J Q z O 75 V) LL O a a z Q Ln z 7A m LL LO i z `W L Q W n LU Q w 0 0 m Z 75 LL Z CC W w V_ v �.. Z f� w p a o Z Z O Z i o V J F- w Z w 0 O w V F- M� G I N O N \ rl ui O 0 (A N M 2 0 w 4-0 G U 0 Ln L L 0 c U O V) L W cn O W Ln u v L w c L O OJ c 0 A c L 0 v VI Q) U L 0 a Ln t H ❑� FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Collier 2024 South Naples Emergency Berm Truck Haul & Construction Bid No. 24-8323 Name Christopher Gehring Sophie Luyckx Construction Solicitation Doc rev 04152022 Personnel Category Construction Superintendent Project Manager Page 115 of 502 FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Collier 2024 South Naples Emergency Berm Truck Haul & Construction Bid No. 24-8323 Name Christopher Gehring Sophie Luyckx Construction Solicitation Doc rev 04152022 Personnel Category Construction Superintendent Project Manager Page 116 of 502 FORM 3 - MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Earth Tech Enterprises, Inc. Signature: Section B (Exception requested to Bid specifications manufacturers and materials) Date: 01-13-2025 EXCEPTION MATERIAL EXCEPTION MANUFACTURER Please insert additional pages as necessary. Company: Signature: Date Construction Solicitation Doc rev 04152022 Page 117 of 502 FORM 4 - LIST OF MAJOR SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non -compliant or non -qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non -compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical N/A 2. Mechanical N/A 3. Plumbing N/A 4. Site Work Self -Perform 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: Earth Tech Enterprises, Inc. Signature: Construction Solicitation Doc rev 04152022 Date: 01-13-2025 Page 118 of 502 EARTH TECH ENTERPRISES Earth Tech Enterprises Beach Proiect Experience Estero Island Truck Haul ( completed June 2024) Fort Myers Beach, Florida Contract: $ 3,881,430 Owner Contact The Town of Fort Myers Beach Chadd Chustz- Environmental Projects Manager 2731 Oak Street Fort Myers Beach, FI 33931 239-462-8127 �,duu+y..iina�ay.earn Earth Tech was awarded a contract to The scope of the project called for the truck in- haul of approximately 165,000 tons of FDEP approved beach sand from Stewart Materials Mine located in Immokalee, Florida. The scope was to restore public beach access points, improve public beach accesses with ADA guideline access slopes, construct new emergency berm, construct emergency berm segments to connect emergency berm previously constructed by others, repair emergency berm segments previously constructed by others, fill Newton Park, and fill scour holes to offset the impacts caused by Hurricanes Ian and Nicole This project was in very active high- end residential area. The work was completed during the height of the winter tourist season. 60,000 tons of sand had to be placed with in an extremely tight environmental window to beat the shore bird nesting season. The owner and stakeholders were highly sensitive to any impact to this popular beach and resorts surrounding the area. Extensive coordination was done with law enforcement to minimize the negative impacts of a large truck in haul. At the Southern end of the beach sand was transport directly on to the beach. On the Northern end of the beach off road haul trucks were used to transport sand to beach. The criteria called for placement to create an upland beach and to add sand areas washed out from Hurricane Ian. Sand was also placed to restore (3) public beach areas and (40) public beach access points. Due to sensitivity of the schedule the contract required Earth Tech to maintain production at both sites and work 6 days a week. The scope of the nourishment contract requirement included beach transport with escorts, placement of sand, surveying, turbidity observation, dune restoration and compliance with permits Issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and Marine Fish and Wildlife Sanctuary EXHIBIT 1 Page 119 of 502 EARTH TECH ENTERPRISES Sanibel island Post Hurricane Ian Emergency Berm / Beach Recovery Project (completed May 20241 Sanibel Islands, Florida Cost $75,200 Owner Contact: City of Sanibel c/o Humiston & Moore Engineers Brett Moore, P.E. President 5676 Strand Court Naples, Florida 34110 239-594-2021 bdm Cd,hu minstonandmoore.com This project was located within Sanibel Island's Gulf -Front Shoreline. The work consists of construction of a beach and dune post storm emergency berm and recovery project involving the placement of beach quality sand to restore the beach and dune areas along Sanibel Island's Gulf -Front shoreline. Earth Tech opted to use a hydraulic excavator to dig 8,500 cubic yards of sand of "over wash" from a upland lagoon. With no land access to the equipment had to be taken down and active beach and to avoid daytime closure of the public beach access area. EXHIBIT 2 Page 120 of 502 EARTH TECH ENTERPRISES Beach Sand Restoration -Various County Parks_ Punta Gorda, Florida Cost $132,667 Owner Contact Charlotte County Board of County Commissioners Jennifer Henderson- Parks and Recreation Project Mangager 2804 West Marc Knighton Court Lecanto,FL 34461 352-527-7540 Francine_noblestWcirtusbocc.com Citrus County Florida contracted with Earth Tech Enterprises to supply and transport approximately 6,200 tons of FDEP approved beach sand from Cemex Materials Mine in Davenport, Florida. The work has to be in compliance with permits issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and Marine Fish and Wildlife Sanctuary This was a truck haul only. EXHIBIT 3 Page 121 of 502 EARTH TECH ENTERPRISES; Fort Island Beach Sand Re -nourishment Completed February 2020 Crystal River, Florida Cost $272,80D Owner Contact Citrus County Board of County Commissioners Francine Nobles -Director Parks and Recreation 2804 West Marc Knighton Court Lecanto, FL 34461 352-527-7540 Citrus County Florida contracted with Earth Tech Enterprises to supply and transport approximately 6,200 tons of FDEP approved beach sand from Cemex Materials Mine in Davenport, Florida. The work has to be in compliance with permits issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and Marine Fish and Wildlife Sanctuary This was a truck haul only. The sand was placed on the beach by county forces The project took approximately 5 days to complete. EXHIBIT 4 Page 122 of 502 EARTH TECH ENTERPRISES Earth Tech Enterprises Beach Proiect Experience Clam Pass, North Park Shore Beach Re -Nourishment Proiect Completed November 2019 Naples, Florida Contract: $ 3,579,500 Owner Contact Collier County Board of County Commissioners Gary McAlpin P.E. Coastal Zone Manager 2800 North Horseshoe Drive Naples, FL 34104 239-252-5342 _jarvMcNlpinI&colherk ov.net This was a repeat project for Collier County's' Coastal Zone Management Department. The award to Earth Tech this contract to Re -Nourish three areas of beach in Northern Collier County. The scope of the project called for the truck In- haul of approximately 165,000 tons of FDEP approved beach sand from Stewart Materials Mine located in Immokalee, Florida. This project was in very active high- end residential area tourist season. The owner and stakeholders were highly sensitive to any impact to this popular beach and resorts surrounding the area. Extensive coordination was done with law enforcement to minimize the negative impacts of a large truck in haul. At the Southern end of the beach sand was transport directly on to the beach. On the Northern end of the beach overland conveyors were used to transport sand to beach. The criteria called for (2) dump/placement sites operating and once. Due to sensitivity of the schedule the contract required Earth Tech to maintain production at both sites and work 7 days a week. The scope of the nourishment contract requirement included beach transport with escorts, placement of sand, surveying, turbidity observation, dune restoration and compliance with permits issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and Marine Fish and Wildlife Sanctuary EXHIBIT 5 Page 123 of 502 EARTH TECH ENTERPRISE' s Smathers Beach Nourishment (truck in haul & placement) Completed June 2019 Key West, Florida Contract: $ 1,236,160 Start Date: Required Completion: Actual Completion: Contractor: Manager: Engineer: Owner Contact City of Key West Florida The City of West awarded Earth Tech this contract to Re -Nourish their main beach Smather's Beach and three smaller beaches along the Atlantic Ocean. The scope of the project called for the truck In- haul of approximately 20,760 tons of FDEP approved beach sand from Vulcan Materials Witherspoon Mine located in Moorehaven, Florida. Earth Tech assisted the City of Key West with the direct materials purchase program allowing the City to directly purchase the sand materials. Earth Tech was responsible to truck the materials to the jobsite. The contract required Earth Tech to work with City's staff to conduct individual truck QC sampling and recording of tonnages (by truck ticket). This project was started at the height of the winter tourist season. The owner and stakeholders were highly sensitive to any impact to this popular beach and resorts surrounding the area. Earth Tech set up a large staging area for trucks in the right away directly across from the beach. With the ability to stage a significant number of sand trucks, the daily placement of sand was greatly accelerated without taking away parking for beach goers. Temporary fencing, way finder signs and groundmen were used to route beach goers around the work sites The scope of the nourishment contract requirement included beach transport with escorts, placement of sand, surveying, turbidity observation, dune restoration and compliance with permits issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and Marine Fish and Wildlife Sanctuary Earth Tech began work on May 21,2019 and has completed all work by June 6, 2019. The total duration of 16 days well ahead of the 45 days allowed. EXHIBIT 6 Page 124 of 502 EARTH TECH eNTERPRISES Central Marco Island Beach re -grade (dredize and placement) Completed April 2019 Marco Island, Florida Cost $ 1,153,100 Owner Contact Collier County Board of County Commissioners Gary McAlpin P.E. Coastal Zone Manager 2800 North Horseshoe Drive Naples, FL 34104 239-252-5342 GaryMcAilpin,ad)collieri:ov.net The regrading involved relocating approximately 175,000 cubic yards of sand from the swash zone (above -5.0 feet NAVD) landward creating a gradual slope from the dune area at approximately +6.5 feet NAVD (+0.5/-0.0 feet) at the most landward point to existing grade along the beach upland of the area of excavation. Earth Tech accomplished the work using a series of hydraulic excavators, off road haul trucks and dozers. This project was started at the height of the winter tourist season. The owner and stakeholders were highly sensitive to any the negative fall out if the project encumbered on residents or visitors to the beach. To ensure that there was minimal impact to beach use, the project area work area was broken up and constructed in three segments. Each segment was completed to design intent before moving on to the next segment. Extensive temporary fencing, way finder signs and groundmen were used to route beach goers around the work sites. Additional challenges occurred when active gopher tortoise and burrowing owl habitats were discovered inside the work zone. In conjunction with Collier County environmental staff, state and federal agencies, Earth Tech modified their work plan to coordinate hauling and sand placement to avoid any impact to the required protective zones. The scope of the nourishment contract requirement included beach transport with escorts, placement of sand, surveying, turbidity monitoring, dune restoration and compliance with permits issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and FEMA. Earth Tech began work on February 2,2019 and finished on April 15, 2019 for at total of 70 days. This was 5 days ahead of the contract duration. EXH I BIT 7 Page 125 of 502 EARTH TECH Et TE RPRISE S North End Interim Beach Nourishment (truck in haul & placement) Completed September 2018 Longboat Key, Florida Cost $1,109,5o0 Owner Contact Town of Long Boat Key, Florida Isac Brownman, Public Works Director 600 General Harris Street Longboat Key, Florida 34228 (941) 361-1988 ibrownman(, .onpboatkey.org This was the third project Earth Tech completed for The Town of Long Boat Key. This was an emergency award to take care of some badly eroded sections of public beach at the Northern end of Long Boat Key. The scope of the project called for the truck in -haul of approximately 30,000 tons of FDEP approved beach sand from Cemex Materials Mine in Davenport, Florida. A particular challenge was the limited access to beach and adequate staging for the sand trucks. The truck staging was along residential streets. This required a very detailed MOT plan and extensive coordination with town staff and public safety officials. In order to get on to the beach existing fence and beach berms/dunes were removed. Upon completion new berms where constructed and native dune vegetation was planted. An existing concrete T groin was in the center of the beach fill area and Earth Tech was required to construct a structural sound ramp system to allow transport of the sand over the Tgroin to avoid damage. The contract requirements included beach transport with escorts, placement of sand, surveying, turbidity monitoring, dune restoration and compliance with permits issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and FEMA. Earth Tech also completed the post construction surveys including required as built survey. Due to unusual red tide events, this beach was closed to the public throughout the duration of the project. This greatly assisted the schedule. The work was completed in 20 days a full 10 days under the 30 day time window established by the Town of Long Boat Key. EXHIBIT 8 Page 126 of 502 EARTH TECH ENTERPRISES 2016 Beach Nourishment (truck in haul & placement) Completed December 2016 Naples, Florida Cost $1,923,100 Owner Contact Collier County Board of County Commissioners Gary McAlpin P.E. Coastal Zone Manager 2800 North Horseshoe Drive Naples, FL 34104 239-252-5342 Ga-tym-0 in@collier ov.net This was the second consecutive time Earth Tech was awarded the contract for Collier County's Beach Nourishment program. The scope of the project called for the truck in- haul of approximately 116,000 tons of beach sand from Stewart Materials Mine in Immokalee, Florida. Collier County purchased the sand materials direct under contract with the sand mine. Earth Tech was responsible to truck the materials to the jobsite. The contract required Earth Tech to work with Collier County staff to conduct individual truck QC sampling and recording of tonnages (by truck ticket). The area this beach nourishment was lined with high end residential condominiums and beach front resorts including the Naples Ritz Carlton. The work was done during the height of the winter tourism season. Access to the two beach segments was limited to only a single access at each location. To accelerate the schedule, Earth Tech duplicated operations and worked both segments of the beach at the same time. This effort required extensive maintenance of traffic, daily construction of temporary routes for the public to get on and off the beach, 2 way radio communication with the offsite staging to move trucks in and out without shutting down roads or disrupting normal traffic patterns and daily communication with law enforcement agencies as it relates maintaining the approved truck travel routes The nourishment contract requirements included beach transport with escorts, placement of sand, tilling, surveying, turbidity monitoring, dune restoration and compliance with permits issues by FDEP, Army Corp of Engineers, US Fish and Wildlife and FEMA. Earth Tech also completed the post construction surveys including required as built survey. No beach activities were permitted the Thursday, Friday, Saturday, and Sunday of Thanksgiving Beach nourishment activities began November 2, 2016. The contract called for substantial completion of all work by January 3, 2017. Earth Tech had the project completed and fully accepted in December 10, 2016, which was approximately 3 full weeks ahead of schedule. EXHIBIT 9 Page 127 of 502 A1 : EARTH TECH ENTERPRISES 2016 South End Emergency Beach Nourishment (truck in haul & placements Completed October 2016 Longboat Key, Florida Cost $1,813,100 941- Duration: 9 days Owner Contact Town of tong Boat Key, Florida Juan Florensa, Public Works Director 600 General Harris Street Longboat Key, Florida 34228 (941) 361-6411 ext. 2210 fi larensa(�lan�boatkey_or After the successful completion of the Central Key Beach re -nourishment, the Town of Long Boat Key award Earth Tech Enterprises an emergency in haul truck sand placement project in front of the Resort at Longboat Key Club. This was to start upon completion of the town's 210,000 cubic yard off shore dredging project. The contract called for Earth Tech to mobilize to the site on Monday September 19, 2016 to ensure that the work would be completed by mid -October to minimize the impact to the resort's seasonal bookings. On September 2, 2016 Hurricane Herminie passed off the coast of Longboat Key, which delayed the de -mobilization of Norfolk Dredging. Earth Tech was able adjust their mobilization operations and made the required man power adjustments to allow Norfolk Dredging to simultaneously de -mobilize through our project at the South end beach therefore, eliminating schedule impacts to both projects. This project called for the truck in- haul of approximately 50,000 tons of beach sand from Stewart Materials Mine in Immokalee, Florida. Access to the beach was between the Resort at Longboat Key Club and New Pass. Earth Tech provided extensive maintenance of traffic and coordination to avoid disruption to the resort's guests, staff and daily beach activities. Earth Tech constructed a truck access corridor directly off the resort's main parking area and between two of the resort's guestroom buildings, which remained active during the project. Due to the lack of beachfront Earth Tech had to first construct a pad out into the Gulf of Mexico to build a pad for the beach mats required for stockpiling of sand and area to load off road haul trucks. Scope of work for Earth Tech Enterprises included truck haul of sand, beach transport with escorts, placement of sand, tilling, surveying, turbidity monitoring, and compliance with permits issued by FDEP, Army Corp of Engineers, LID Fish and Wildlife and FEMA. This project was done during one of most active Sea Turtle nesting seasons in history and Earth Tech's on -site personnel worked extremely close with Mote Marine's turtle nest monitoring staff to ensure that beach hauls and sand placement did not impact numerous active sea turtle nests. As with most beach nourishment projects Earth Tech's operations were Monday through Saturday 6:30 a.m. to 7:30 p.m. averaging 4,500 tons of in haul materials each day. Earth Tech completed the project in 9 days, despite the significant challenge of allowing another contractor to de -mobilize through our work area and avoided distribution to normal working operations of the resort and activities of the guests. EXHIBIT 10 Page 128 of 502 EARTH TECH ENTERPRISES Central Key Beach Nourishment Project (truck in haul & placement) Completed July 2016 Longboat Key, Florida Cost $10,966,375 Duration: 100 days Owner Contact: Town of Longboat Key Florida Juan Florensa, Public Works Director 600 General Harris Street Longboat Key, Florida 34228 (941) 361-6411 ext. 2210 iflorensa @Iongboatkey-ora In March of 2016 Earth Tech Enterprises, Inc. was awarded a contract with the Town of Longboat Key, Florida for a truck haul and placement of 307,000 tons of sand for the Central Key Beach Nourishment. The project area covered approximately 8.0 miles of beach. Earth Tech selected sand from Stuart Materials in Immokalee, Florida. The truck haul routes were through downtown Sarasota and St. Armand's Circle. Once on to Longboat Key, trucks were limited to using the two lane Gulf of Mexico Drive. This required above normal maintenance of traffic planning and daily communication with the town and public safety agencies. The nourishment contract requirements included truck haul of sand, beach transport with escorts, placement of sand, tilling, surveying, turbidity monitoring, dune restoration and compliance with permits issues by FDEP, Army Corp of Engineers, UD Fish and Wildlife and FEMA. Earth Tech also completed the pre and post construction surveys including required as built survey. The project was broken into three segments each with an .access corridor on to the beach. These corridors had limited space and during peak periods of truck traffic, Earth Tech was staging trucks at various locations on Longboat Key because the contract would not allow staging of trucks along Gulf of Mexico Drive. Another particular challenge was the requirement that work was limited to one segment at a time. Upon completion of each segment Earth Tech was required to demobilize restore the area and them mobilize to the next segment. Additionally, the project was underway during an extremely active Sea Turtle Nesting and Shorebird Nesting season Earth Tech worked closely with the regulatory agencies including early morning meetings with Mote Marine's Sea Turtle Nest monitoring team and the Shore bird monitoring consultant for clearance prior to the start of beach haul activities. The Town of Longboat Key's contract called for October 19, 2018 Substantial completion and Earth Tech was substantially complete on July 13, 2016. During the (100) days on site Earth Tech hauled in and placed on average 3,070 tons of sand, which was well above the contractual minimum of 2,000 tons sand. Earth Tech was able to achieve this schedule despite losing production days due to Tropical Storm Colin and mandatory shut downs over Memorial Day and July 411 weekends. EXHIBIT 11 Page 129 of 502 EARTH TECH ENTERPRISES Naples Beach Re -nourishment (sand placement) Completed November 2014 Naples, Florida Cost $ 748,000 Owner Contact Collier County Board of County Commissioners Gary McAlpin P.E. Coastal Zone Manager 2800 North Horseshoe Drive Naples, FL 34104 239-252-5342 GarvMcAlpin colliergov.net The Collier County Board of County Commissioners contracted with Earth Tech Enterprises to place, grade and transport approximately 90,000 tons of beach quality sand on Naples Beach to repair damages as a result of Tropical Storm Debby. This was a truck haul project with sand provided from the Stewart Mine in Immokalee, Florida. The county had a contract with another vendor to supply and deliver the sand. Scope of work for Earth Tech Enterprises included beach transport, placement of sand, tilling, surveying, turbidity monitoring, and compliance with permits issues by FDEP, Army Corp of Engineers, UD Fish and Wildlife and FEMA. Beach nourishment activities began November 10, 2014. The contract called for substantial completion of all work in (34) consecutive calendar days and fully completed to the point of final acceptance by the owner within seven (7) consecutive calendar days after Substantial Completion. No beach activities were permitted the Thursday, Friday, Saturday, and Sunday of Thanksgiving. The project was completed and fully accepted in December 15, 2014. EXHIBIT 12 Page 130 of 502 EARTH TECH RMTERPRISES Clam Pass — Emergency Beach Repairs (dredging and upland sand placement) Completed April 2013 Naples, Florida Cost $ 206,000 Owner Contact: Collier County Florida c/o Humiston & Moore Engineers Brett Moore, P.E. President 5676 Strand Court Naples, Florida 34110 239-594-2021 bdmPhuminstonandmoore.com This project involved Earth Tech completing emergency repairs at Clam Pass, the inlet between Clam Bay and the Gulf of Mexico. Since January 2013 Clam Pass had been closed off from the Gulf of Mexico due to the accumulation of sand that had migrated into the channel, cutting off tidal exchange and jeopardizing the health of the Clam Bay estuary system. The U.S. Army Corp of Engineers issued Collier County a Nationwide Permit 3 for "emergency" one time dredging of the inlet. Special conditions were added to the permit to protect manatees and sea turtles. The permit also specified that dredging had to be performed from the bay side toward the Gulf of Mexico, with the final cut reconnecting Clam Bay done at low tide. Earth Tech opted to use a series of track backhoes cut 25,000 cubic yards of sand from the inlet to open water flow into the pass. With no land access to the upland dump sites, the materials were transported on the beach. Grading and placement of the sand had to be done at night to avoid daytime closure of the beachfront areas used by the Pelican Bay Community to South and Naples Grande Hotel to the North. EXHIBIT 13 Page 131 of 502 EARTH TECH ENTi`RPRISES Doctors Pass — Emergency Beach Berm Nourishment (haul in with convevors) Completed July 2010 Naples, Florida Cost $90,000 Owner Contact Collier County Board of County Commissioners Gary McAlpin , Coastal Zone Manager 2800 North Horseshoe Drive Naples, FL 34104 239-252-5342 GaryMcAlpin Pcollieraov.net Collier County officials declared a state of emergency to fix an eroded dune that had left two condominiums south of Doctors Pass in Naples vulnerable to hurricanes. Collier County hired Earth Tech because of their previous experience with beach nourishment projects. This was a 10,000 ton truck haul project with sand provided from the Stewart Mine in Immokalee, Florida. Access to the beach work area was severely restricted and sand placement to the work area was done using a series of conveyors. Additional challenges Earth Tech overcame include working through daily summer storms, protection of existing dune vegetation and coordination of work with regulatory agencies to avoid disruption to active sea turtle nests that were with in projection area. EXHIBIT 14 Page 132 of 502 FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. SEE ATTACHED PROJECT PROFILES The Bidder is required to provide five (5) project references, stated below, of what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. I. EXHIBITS 1-14 (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project start/completion dates) (contract value) (phone) (email) 2. (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project start/completion dates) (contract value) (phone) (email) 0 (project name) (project location) (project description) (project start/completion dates) (contract value) Construction Solicitation Doc rev 04152022 (project owner) (Owner's address) (Owner's contact person) (phone) (email) (title) Page 133 of 502 FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER 4. 5. (project name) (project location) (project description) (project completion date) (contract value) (project name) (project location) (project description) (project completion date) (contract value) Company: Earth Tech Enterprises, Inc. Signature: en n M. Figley -Vice President Construction Solicitation Doc rev 04152022 (project owner) (Owner's address) (Owner's contact person) (title) (phone) (email) (project owner) (Owner's address) (Owner's contact person) (title) (phone) (email) Date: 01-13-2025 Page 134 of 502 -e Collier County FORM 9 — CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the pastor currently being worked on for the above - mentioned project; and, 2. Indicate if the infortation 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 furn (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. Earth Tech Enterprises, Inc. Company Name Signature Benjamin M. Figley - Vice President Print Name and Title State of County of t- Er' The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization, this q tc day of (month), 2-023 (year), by 8�„ �_ .,n,; , /37 , y�� (name of person acknowledging } ' �►RY P"' -, JOHN J ECKERLEttI =Qy —Notary Public - State of Florida igna re of Notary Public -State of Florida) Personally Kno%f -� - Commission # HH 604425° orf -,P My. Comm. Expires Dec 21, 202E 34nded through National Notary Assn Type, or Stamp Commissioned Name of Notary Public) Type of Identification Produced Page 135 of 502 Collier County FORM 10 —VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub - vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 13th day of January 2025 in the County of Lee , in the State of Florida Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Earth Tech Enterprises, Inc. 6180 Federal Court Fort Myers, Florida 33905 P00000098390 59-3679652 4YD47 Telephone: 239-774-1223 Email: cg@earthtechenterprises.com Signature by: Benjamin M. Figley (Typed and written) Page 136 of 502 Title: Vice President Additional Contact Information Send payments to: Earth Tech Enterprises, Inc. (required if different Company name used as payee from above) Contact name: Richard Bieller Title: Controller Address: 9921 Interstate Commercre Drive City, State, ZIP Fort Myers, Florida 33913 Telephone: 239-774-1223 Email: richard@earthtechenterprises.com Office servicing Collier (same as above) County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Secondary Contact for this Solicitation: Email: Phone: Page 137 of 502 Form 11Y -9 Request for Taxpayer Give form to the (Rev. March 2024) Identification Number and Certification requester. Do not Department of the Treasury Send to the IRS. Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information. Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form. below. 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner's name online 1, and enter the business/disregarded entity's name on line 2.) Earth Tech Enterprises, Inc 2 Business name/disregarded entity name, If different from above. m 3a Check the appropriate box for federal tax classification of the entit Andividual whose name is entered on line 1. Check y 4 Exemptions {codes apply only to 01 m only one of the following seven boxes. certain entities, not individuals; ci C:❑ Individual/sole proprietor ❑ C corporation ❑✓ S corporation ❑ Partnership ❑ Trust/estate see instructions on page 3}: 0 ti C ❑ LLC. Enter the tax classification {C = C corporation, S = S corporation, P = Partnership) . . . . Exempt payee code (if any) CNote: Check the "LLC" box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity, A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax o Z to box for the tax classification of its owner. Compliance Act (FATCA) reporting ❑ Other (see instructions) code (if any) a u 3b If on line 3a you checked "Partnership" or "Trust/estate," or checked "LLC" and entered "P" as its tax classification, ti and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check (Applies to accounts maintained rn4 this box if you have any foreign partners, owners, or beneficiaries. See instructions . . . . . . ❑ outside the United States.) 5 Address (number, street, and apt. or suite no.}. See instructions. Requester's name and address (optional) 9921 Interstate Commerce Dr fi City, state, and ZIP code Fort Myers, FL 33913 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 Social security number backup withholding. For individuals, this is generally your social security number (. Forever, for later. _ m - resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, laterr. For other entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a Or TIN, later. Employer identification number Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter. 5 9 - 3 1 6 1 7 1 9 1 6 F5 2 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 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 are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signature of Here I J.S. person �Q—_ Date J `� D General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. What's New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the "LLC" box and enter its appropriate tax classification. New line 3b has been added to this form. A flow -through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow -through entity in which it has an ownership interest. This change is intended to provide a flow -through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024) Page 138 of 502 Cc Tax Cnllectm N00110 BrannIng EARTH TECH ENTERPRISES INC EARTH TECH ENTERPRISES INC 9921 Interstate Commerce Dr FT MYERS, FL 33913 Dear Business Owner: Local Business Tax Receipt Your 2024 - 2025 Lee County Local Business Tax Receipt is attached below for account number! receipt: number: 1002795 / 0201444 If there is.a change in one of the following, refcr 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. 1 hope you have a successful. year. Sincerely, I'm L14 5 "K. 144uu Lee County Tax Collector _-_---------------------------------_--------------------_---------------------------------------------- 2024-2025 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1002795 Receipt Number: 0201444 State License Number: CGC1532665 LocRUM 6186 Federal Court FortMyers, FL 33905 EARTH TECH ENTERPRISES INC Matthew C Price 6180 Federal Court Fork Myers, FL 33905 Account Expires: September 30, 2025 GENERAL CONTRACTOR -CERTIFIED THIS LOCAL BUSINEM TAX RECEIPT IS NON Payment Information: PAID INT-00-02505895 08/0212024 $ 50.00 Page 139 of 502 F'O1t11,1:? - ]JIMBOND --- — �� THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONISBLE KNOW ALL MEN BY THESE PRESENTS, that we Earth Tech Enterprises, Inc. (herein after called the Principal) and Homo National Insurance Company, (herein called the Surety), a corporation chartered and existing under the laws of the State of 1111nols with its principal offices In the city of Ralelgh, NC and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Board of County Commissioners (hereinafter called the Owner), in the full and just sum of Five Percent.of the Total Amount Bid****—*--- """" dollars ($ 5% )good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well. and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for f u-nishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid No. 24-8323 Collier 2024 South Naples Emergency Berm Truck Raul & Construction. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithfulperformonce oftho Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of:the Wiwi of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shalt pay to the OBLIGEE the fixed sum of $ 5% of Total Bid noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then thin obligation shall be null and void, otherwise to retrain in full force and effect. IN TESTIMONY Thereof; the Principal and Surety have caused those presents to be duly signed and sealed this 13th day of January .,:20 25 Principal (Seal) Surety (Seal) Appointed Producing Agent for .Hsrco National Insurance Company Page 140 of 502 1r STATE OF NEW JERSEY STATE OF ILLINOIS SIAL't County of Essex 4V County of Cook 1004 r•r lE Michael F. Zurcher Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company POWER OF ATTORNEY Bond# ETE1263 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively In the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint GREGORY J. RISNYCHOK, LAUREN WHITNEY BRUZEK King of Prussia, PA their true and lawful attomey(s)-in-fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of Indemnity and other writings obligatory In the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, Contract or otherwise, and the execution of such Instrument(s) In pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all Intents and purposes, as If the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and Is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vlce President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -In -Fact or agents with power and authority as defined or limited In their respective powers of attorney, and to execute on behalf of the Corporation and affix the CorporaUon's seal thereto, bonds, undertakings, recognizences, contracts of Indemnity and other written obligations In the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of Joint -control custodians, agents for acceptance of process, and Attomeys-In-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of Indemnity or other written obligation In the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed.* IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2024„f,• ,•� 1N8Uq�, M. SEAL f g . P: On this 31 st day of December, 2024 , before me came the Individual who executed the preceding Instrument, to me personally known, and, being by me duly swom, said he Is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said Instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. "'"SHY C •• •, �o'sAgY•: u'�;• jOUBI-�G 'i OP Na* J�Q IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION 0 Cathy Cruz a Notary Public of New Jersey My Commission Expires April 16, 2029 I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth In said Power of Attorney, with the originals on file In the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and Is now In full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, January13, 2025 A00289 Irene Martins, Assistant Secretary Page 141 of 502 L11 ANCE CONSENT OF SURETY The __ Harco National Insurance Company a corporation organized and existing under the laws of the State of Illinois, hereby guarantees the proposal of Earth Tech Enterprises, Inc. to Collier County Board of County Commissioners for #24-8323 Collier 2024 South Naples Emergency Berm Truck Haul & Construction and further guarantees that if the contract Is awarded to the said Earth Tech Enterprises, Inc. that the said Earth Tech Enterprises, Inc. will execute said contract within the period of time required after its delivery for that purpose; and further guarantees that If the contract Is so awarded to the said Earth Tech Enterprises, Inc. - that it will become surety on bond guaranteeing the faithful performance of said contract. In Witness Whereof, the said Harco National Insurance Company has caused this agreement to be signed by proper officers and Its corporate seal to be hereunto affixed, this _ 13th day of January ,20 25 Harco National Insurance Company By; . RI Chok, Attomey-in+act Bond No. ETE1263 - 4200 Six Forks Road, Sufte 1400; Relelgh,'NC 27669 Page 142 of 502 STATE OF NEW JERSEY STATE OF ILLINOIS County of Essex County of Cook Michael F. Zurcher i Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company POWER OF ATTORNEY Bond# ETE1263 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of [AT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, INC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively In the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint GREGORY J. RISNYCHOK, LAUREN WHITNEY BRUZEK King of Prussia, PA their true and lawful attomey(s)-In-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of Indemnity and other writings obligatory In the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such Instrument(s) In pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as If the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney Is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and Is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 201 S. 'RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attomeys-In-Fact or agents with power and authority as defined or limited In their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizences, contracts of Indemnity and other written obligations In the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of Joint -control custodians, agents for acceptance of process, and Attorneys -In -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of Indemnity or other written obligation In the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the some force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31at day of December, 2024 I„$$,�y, ,. ANSI '•. On this 31at day of December, 2024 , before me came the individual who executed the preceding Instrument, to me personally known, and, being by me duly sworn, said he Is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seats affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. �K Y 0 IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, n, New Jersey the day and year first above written. <<FOF-40 5, 0Cathy Cruz a Notary Public of New Jersey " CERTIFICATION My Commission Expires April 18, 2029 1, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth In said Power of Attorney, with the originals on file In the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and Is now In full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, January13, 2025 A00289 Irene Martins, Assistant Secretary Page 143 of 502 HARCO NATIONAL INSURANCE COWANY 1701 GOLF ROAD, SUITE 1-600, ROLLING MEADOWS, IL 60008 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT DECEMBER 31, 2023 ASSETS Bonds (Amortized Value),..,.... .$128,504,641 Stocks (Preferred Stocks) , .. 6,530,129 Stocks (Common Stacks) ... .. ..... _ . 928,601,943 Cash, Bank Deposits & Short -Term Investments, .:... ......... . .. 36,972,198 Other Invested Assets ...... ..... . .... . .................... 0 Unpaid Premiums & Assumed Balances ...... , , , ..... 161,876,881 Deferred Premiums, Agents Balances & Installments booked . ,; ....... 12,594,152 Reinsurance Recoverable from Reinsurers ............... 167,607,854 Reinsurance - Funds Held by or deposited with reinsured companies .. 10,193,247 Current Federal & Foreign Income Tax Recoverable & Interest .......1 0 Investment Income Due and Accrued .... .. .,. ............ 1,750,941 Receivables from Parent Subsidiaries & Affiliates .. , , ... , 9,354,321 Other Assets .... .. . .. . ............... .... ..... , . 1,294,111 TOTAL ASSETS ......................... . ....... J1 11,4BILITIES, SURPLUS & OT"ER FUNDS Losses (Reported Losses Net as to Reinsurance Ceded and Incurred But Not Reported Losses) .. .... ............... • _ .. $2D8,245,433 Reinsurance payable on paid losses & loss adjustment expense .... , .. '. , 9,146,173 Loss Adjustment Expenses ....... .. ... .................. 44,566,466 Commissions Payable, Contingent Commissions & Other Similar Charges 1,568,736 Other Expenses (Excluding Taxes, Licenses and Fees) ...... ,..... ,,, . 0 Taxes, Licenses & Fees (Excluding Federal Income Tax) :...::... 3,784,674 Current federal and foreign Income taxes ... . . ..... . ............ . 496,806 Net Deferred Tax Liability ......... ...................... 9,048,374 Unearned Premiums ...... . ....................... , ........ 155,713,778 Advance Premium ...... . . . ................... ........... , 391,769 Ceded Reinsurance Premiums Payable :.................. ... .. 95,106,803 Funds held by Company under reinsurance treaties .. .. .... .. , . 18,MZ649 Amounts Withheld by Company for Account of Others ......... 53,8M,412 Payable to Parent Subsidiaries & Affiliates ... . , , _ ., . 3,771,943 Other Liabilities .......... .............. . ...... ....... 4,754,724 TOTAL LIABILITIES ..... 5608.791.740 Common Capital Stock ........ .. , :. ....... ..:.....,..... , . $3,500,004 Gross Paid -in & Contributed Surplus ,...... ..... . ............ 670,781,&M Unassigned Funds (Surplus) ............ ............... • . 181,196,834 Surplus as Regards Policyholders ................ $855,478.672 TOTAL LIABILITIES, SURPLUS & OTHER FUNDS . , • �v1A54,270 I, John Mruk, Treasurer of HARCO NATIONAL INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets, Liabilities, Surplus and Other Funds of this Company, atthe close of business, December 31, 2023, as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of Illinois. IN TESTIMONY WHEREOF, I have set my hand and affixed the $eal QL i1.n f^ , .,. ... aLi �ti aL a .. i 1 R — L MMA HAIL, SIGNED AND SWO N to before me on this jf day NOTARY PUBLIC, STATE OF Ale r Ht ed rdid li Page 144 of 502 State of Florida Department ofState I certify from the records of this office that HARCO NATIONAL INSURANCE COMPANY is an Illinois corporation authorized to transact business in the State of Florida, qualified on May 19, 1958. The document number of this corporation is 812794. I fiirther certify that said corporation has paid all fees due this office through December 31, 2019, that its most recent annual report/uniform business report was filed on May 1, 2019, 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 YWenty-seventh day ofAugust, 2019 Secretary of State Tracking Number: 2760207S76CU To authenticate this certiticate,visit the following site,enter this number, and then follow the instructions displayed. https://services.suabiz.org/Filings/CertiilcateOfStatus/CertiticateAuthentication Page 145 of 502 FORM 8 - INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self - insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverageLss,) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverageLss,) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. Page 146 of 502 Collier County Florida 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 hM2s://apps.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 $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury current ISO form Liability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ® Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ 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 $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence Page 147 of 502 7. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 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. GG — 12/10/2024 Page 148 of 502 EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Christopher Gehring Sophie Luyckx Personnel Category Construction Superintendent Project Manager 13 Construction Services Agreement: [2025_ver.1] Page 149 of 502 EXHIBIT B-1: PUBLIC PAYMENT BOND (Following This Page) 14 Construction Services Agreement: [2025_ver.1] Page 150 of 502 EXHIBIT B — 1: PUBLIC PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: That Contract No. as Principal/Contractor, and , as Surety, located at (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Oblige in the sum of ($ ), this includes allowance for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors, and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of , 20 with Oblige for (Project) in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is 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 day of , 20_, the name of undersigned representative, pursuant to authority of its governing body. [2024_ver.1 ] Page 151 of 502 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 or a 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.: (Printed Name) (Business Address) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me by means of _ physical presence or online notarization, this _ day of 20_ by as to me OR has produced not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) of a 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.: OR POWER OF ATTORNEY IN FACT [2024_ver.1 ] Page 152 of 502 As Attorney in Fact Signature (Attach Power of Attorney (Printed Name) (Business Address) STATE OF _ COUNTY OF The foregoing instrument was acknowledgec online notarization, this day of as to me OR has produced not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) before me by means of 20 by of physical presence or a corporation, on behalf of the corporation. He/She is personally known identification and did (did (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: Page 15Wt 50'H EXHIBIT B-2: PUBLIC PERFORMANCE BOND (Following This Page) 15 Construction Services Agreement: [2025_ver.1] Page 154 of 502 EXHIBIT B — 2: PUBLIC PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: That as Principal/Contractor, and located at Contract No. as Surety, (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Oblige in the sum of ($ ), 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. I�ageeil-gb of 502 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 of a corporation, on behalf of the corporation. He/She is personally known to me OR has produced identification and did (did not) take an oath. My Commission Expires (Signature of Notary) (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, State of Commission No.: SURETY: Authorized Signature (Printed Name) (Business Address) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me by means of _ physical presence or online notarization, this day of 20 by , as to me OR has produced not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) of a _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.: PJW24_4t.91 502 EXHIBIT B-3: INSURANCE REQUIREMENTS (Following This Page) 17 Construction Services Agreement: [2025_ver.1] Page 157 of 502 EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth herein. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth herein with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Contractor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. [2024_ver.1 ] Page 158 of 502 Collier County Florida 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 hM2s: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 $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury current ISO form Liability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ® Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ 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 $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence Page 159 of 502 7. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 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. GG — 12/10/2024 Page 160 of 502 EXHIBIT C RELEASE AND AFFIDAVIT FORM (Template Form Following This Pape) 18 Construction Services Agreement: [2025_ver.1] Page 161 of 502 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF ( ) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: who after (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and its subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated , 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Contractor's Signature Name and Title STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of this day of 20 by of a corporation. He/She is personally known to me OR identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) has produced physical presence or online notarization, _, as (Signature of Notary) (Legibly Printed) Notary Public, State of Commission No.: corporation, on behalf of the Page 1524W�6W EXHIBIT D-1 CONTRACTOR APPLICATION FOR PAYMENT FORM (Template Form Following This Pape) 19 Construction Services Agreement: [2025_ver.1] Page 163 of 502 EXHIBIT D-1 FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners the OWNER or Collier County Water -Sewer Owner's Project Manager's Name: Bid No. Project No. Count 's Division Name Purchase Order No. Submitted by Contractor Representative: Name Application Date: Contractor's Name & Address: Payment Application No. Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & Stored to Date: $ Retainage @5% through [Insert Date] $ Retainage @ 5% through [Insert date] $ Retainage @ % after [Insert date] $ Less Retainage $ Total Earned Less Retainage $ Less previous payment(s) Percent Work Completed to Date: % AMOUNT DUE THIS APPLICATION: $ Percent Contract Time Completed to Date: % Liquidated Damages to Be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: 12Paee g194 of 502 EXHIBIT D-2 SCHEDULE OF VALUES (Template Form Following This Pape) 20 Construction Services Agreement: [2025_ver.1] Page 165 of 502 LU w m 2 D z o H F U O W O W 0- Q W a p m W p J LU F z 2 2 W F 0! W N (9 m z a o L w � 0 Q o z N Q H W W S U V1 z z J W OQO � F w z W W � a W IL O U 0O 0 F OF a O G O CO U p J W Q O W y Q M O_ _ w F W IL 0 W F W J w y 2O F O G U Q W Y O U z a y CO W 0 Q Oo >> W S a F Jw W w J W Q 2 � U y z O F a a U LU W p LU w w w m H � z a c .y N E U N f6 o c_ m c c d ca m L O U C � o y U U -gyp C N N o o d oa N c m d N C' d N L m y to f6 N L c m ' 3 m �N am 0 N U N U C m E U� U N � r @ p c � � U C C O (0 N E£ `o c c o N f0 _m U O" (p N a� -0 cc � m T .L. d � N c L l6 3 c w .@o a m E p o 2 c r- F c o E L � F O x U Page 166 of 502 EXHIBIT D-3 STORED MATERIALS (Template Form Following This Pape) 21 Construction Services Agreement: [2025_ver.1] Page 167 of 502 z p ULU ~ 0 O O H R w Q W a c a 0 U d M � � y r+ � y X cc W m L 0 rt+ lil Q z F- L) w O w IL oW w J U J aCO Qz m T W Q .wi O J w w a. co � U co a D w O J >a w CO a z N � m co w > w W w U a W Of Ja =) W OG w O W U G. w w m z W U_ O z w J 0- 0. z O F- a a U U) LU 0 W H Q >I N 0 N Page 168 of 502 EXHIBIT E-1: CHANGE ORDER (Template Form Following This Pape) 22 Construction Services Agreement: [2025_ver.1] Page 169 of 502 CACT CAX4nty Procurement Services Change Order Form Contract# CO# PO# Project #: Project Name: Contractor/Consultant Name: Select One: ❑ Contract Modification (Construction or Project Specific) ❑ Work Order Modification Project Manager Name: Division Name: Original ContractlWork Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (MASTER) Dollar Amount of this Change 0.00% Total % Change from Original Amount Revised Contract/Work Order Total $0.00 0.00% % Change from Current BCC Approved Amount Total Cumulative Changes $0.00 0.00% % Change from Current Amount Notice to Proceed Original NTP � Original Final � Last Final Date # of Days Completion Date Approved Date # of Days Added Revised Final Date Current Substantial Completion Date (includes this change) (if applicable) Provide responses after each question in box below (Responses should be brief and specific). Attach additional information and/or documentation from the Design Professional and/or Contractor, if needed, with your submission of this Change Order and complete summary on next page. Check all that apply to this Change Order request: ❑ Add Time; ❑ Add funds; ❑ Use of Allowance; ❑ Modify/Delete existing Task(s); ❑ Add new Task(s); ❑ Reallocate funds; ❑ Other (must be explained in detail below) 1.) Detail of change/s to be made through this Change Order. 2.) If this Change Order is currently under a Stop Work, please identify the date issued and number of days remaining or "N/A" if not applicable. 3.) Explain why this change was not included in the original contract/Work Order. 4.) Describe the impact if this change is not processed. Page 1 of 4 Change Order Form (2024_ver.1) Page 170 of 502 COVICr C014 ty Procurement Services Change Order Form Contract# CO# PO# Project #: Project Name: Contractor/Consultant Name: Change Order/Amendment Summary (If additional spaces needed, attached a separate Summary page to this amendment request) COST TIME CO# AMD# Description Justification Additive Deductive Days Total New H (-) Added Time ❑ Check here if additional summary page/s are attached to this Change Order Page 2 of 4 Change Order Form (2023_ver.1) Page 171 of 502 Goiter County Procurement Services Change Order Form Contract# CO# PO# Project #: Project Name: Contractor/Consultant Name: Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor/ Vendor/ Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Contractor/Consultant/Design Professional signature below must be from an authorized person/officer/director of the Company or listed as the qualified licensed Professional "Project Coordinator" or Design/Engineer Professional under the agreement. Signature authority of person signing will be verified through the contract OR through the Florida Department of State, Division of Corporations (Sunbiz) website (https.Ildos.myflorida.comisunbiz/search/). If the person signing is not listed, we will require signature authority by one of the listed officers/directors of the company giving that person signature authority. Prepared by: Accepted by: Accepted by: Approved by: Approved by: Approved by: Signature -Division Project Manager Printed Name Signature- Design/Engineer Professional (if applicable) Printed Name/Title/Company Name Signature- Contractor/Consultant/Vendor Printed Name/Title/ Company Name Signature -Division Manager or Designee (Optional) Printed Name Signature -Division Director or Designee (Optional) Printed Name Signature -Division Administrator or Designee (Optional) Printed Name Date: Date: Date: Date: Date: Date: Page 3 of 4 Change Order Form (2024_ver.1) Page 172 of 502 Goiter County Procurement Services Change Order Form Contract# CO# PO# Project #: Project Name: Contractor/Consultant Name: FY CHO Request # Approved by: FOR PROCURMENT USE ONLY Signature -Procurement Professional Signature/Date Approved by: Signature -Procurement Manager/Director (OPTIONAL) APPROVALTYPE: ❑ Administrative ❑ Administrative -BCC Report ❑ BCC Stand -Alone ES (BCC Approval Required) ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: Dated: (SEAL) BCC APPROVAL BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chairman Date: Agenda # Approved as to Form and Legality: Deputy County Attorney Print Name Page 4 of 4 Change Order Form (2024_ver.1) Page 173 of 502 EXHIBIT E-2: WORK DIRECTIVE FORM (Template Form Followin_g This Pape) 23 Construction Services Agreement: [2025_ver.1] Page 174 of 502 EXHIBIT E-2 WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners PROJECT#: CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments: If a claim is made that the above change(s) have affected Contract amount or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract amount: Method of determining change in Contract Times: ❑ Unit Prices ❑ CONTRACTOR's records ❑ Lump Sum ❑ Engineer's record ❑ Other ❑ Other A not -to -exceed itemized estimated increase Estimated change in Contract Time: (decrease) in Contract amount: $ Increase or decrease by calendar days. RECOMMENDED: AUTHORIZED: By: By: Engineer/Design Professional Owner's Representative PR8V-11b1bf 502 EXHIBIT F-1 CERTIFICATE OF SUBSTANTIAL COMPLETION FORM (Template Form Followin_g This Pape) 24 Construction Services Agreement: [2025_ver.1] Page 176 of 502 OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT F-1 CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION PagR+0ft"6f-tIO2 This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the final punch list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion and Contractor shall provide Owner with written notice that all punch list items have been completed. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance, and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: I1T following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Signature of Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ and will submit within five calendar days, an approved pay application to bccapclerk(a)_collierclerk.com. The pay application will include regular schedule of value scope work to be billed and all work to be billed for all change orders. Signature of Contractor Type Name and Title OWNER accepts this Certificate of Substantial Completion on Signature of Owner Type Name and Title , 20 Page2W vver`IQ2 EXHIBIT F-2 CERTIFICATE OF FINAL COMPLETION FORM (Template Form Followin_g This Pape) 25 Construction Services Agreement: [2025_ver.1] Page 179 of 502 OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date FXHIRIT F-9 CERTIFICATE OF FINAL COMPLETION Design Professional Project No. This Certificate of Final completion applies to all Work under the Contract documents. The warranty in Exhibit G-2 is attached to and made a part of this Certificate. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page2Weoefb2 Executed by Design Professional on Intentionally left blank ,20 Signature of Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Substantial on this Signature of Contractor Type Name and Title OWNER accepts this Certificate of Final Substantial on this Signature of Owner Type Name and Title 20 , 20 Pageo1$1vo#-§02 EXHIBIT F-3 PUNCH LIST FORM (Template Form Following This Pape) 26 Construction Services Agreement: [2025_ver.1] Page 182 of 502 EXHIBIT F-3 PUNCH LIST FORM Item No. Description Value Completion Date Dated Approved by Owner Subtotal x 150% IRWIt-11of 502 EXHIBIT G-1 FINAL PAYMENT CHECKLIST (Template Form Following This Pape) 27 Construction Services Agreement: [2025_ver.1] Page 184 of 502 EXHIBIT G-1: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Contractor: PO No. Date: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Commencement Date: Final Contract Amount: Substantial Completion Time as set forth in the Agreement Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Actual Final Completion Date: YES 0 0 u u 0 I• NO 0 1 2 3 0 4 a 0 5 0 6 7 0 8. 9. 0 0 10 0 11 0 12 0 0 Calendar Days. Calendar Days. All Punch List items completed on Warranties and Guarantees assigned to Owner (attach to this form). Effective date of General one year warranty from Contractor is: 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). As -Built drawings obtained and dated: Owner personnel trained on system and equipment operation. Certificate of Occupancy No.: issued on (attach to this form). Certificate of Substantial Completion issued on Final Payment Application and Affidavits received from Contractor on: Consent of Surety received on Operating Department personnel notified Project is in operating phase. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: Executed by Design Professional on , 20 Signature of Design Professional Type Name and Title Executed by Contractor on , 20 Signature of Contractor Executed by Owner on Signature of Owner 20 Type Name and Title Type Name and Title Pagaojgq ,91.r 12 EXHIBIT G-2 WARRANTY (Template Form Followin_g This Pape) 28 Construction Services Agreement: [2025_ver.1] Page 186 of 502 EXHIBIT G-2 N%10 ZT-11 LI 1111 W1 In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Substantial Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF SUBSTANTIAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. CONTRACTOR: WITNESS: Signature Signature Name Printed and Title Name Printed Pag&Qff-�6f-5D2 EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization, or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 29 Construction Services Agreement: [2025_ver.1] Page 188 of 502 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting, and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after the Board's award of the Agreement, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 30 Construction Services Agreement: [2025_ver.1] Page 189 of 502 limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 At least ten (10) days prior to submitting the monthly Application for Payment, the Contractor shall submit to the Project Manager a final Schedule of Values. The Schedule of Values shall be satisfactory in form and substance to the Project Manager and shall subdivide the Work into component parts in sufficient detail to serve as the basis for measuring quantities in place and calculating amounts for the Contractor's monthly progress payments during construction. Further, it shall include the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. Unsupported or unreasonable allocation of the Contract Price to any one activity shall be justification for rejection of the Schedule of Values. The Contractor shall not submit an unbalanced Schedule of Values which provides for overpayment to the Contractor on activities that would be performed first. The Schedule of Values shall be revised and resubmitted until acceptable to the Project Manager. Once the schedule has been accepted by the Project Manager, the Owner reserves the right (at its option) throughout the Contract to require that the Contractor honor a particular price contained in the Schedule of Values, if the activity pertaining to it is being deleted or modified. Upon approval of the Schedule of Values by the Project Manager, it shall be incorporated into the form of Application for Payment attached to the Agreement as Exhibit D and shall be used as the basis for the Contractor's monthly Applications for Payment. The schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative. 4.2 The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date, and monthly thereafter, but not more often than once a month or prior to substantial completion being met. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the Owner in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record form attached hereto and made a part hereof as Exhibit D-3. 31 Construction Services Agreement: [2025_ver.1] Page 190 of 502 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). Within twenty (20) business days after the date of each Application for Payment is stamped as received, and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefor; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices shall be processed in accordance with Section 218.735, F.S. and the terms of the Contract Documents. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re -submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes. The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor, or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- 32 Construction Services Agreement: [2025_ver.1] Page 191 of 502 payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The Owner may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The Owner may not accept any additional surcharges (credit card transaction fees) as a result of using the Owner's credit card for transactions relating to this agreement. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the Contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 5.4 If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 6. FINAL PAYMENT. 6.1 Owner shall make Final Payment to Contractor in accordance with Section 218.735, F.S. and the terms of the Contract Documents after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to Final Payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit form attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to Final Payment and such other 33 Construction Services Agreement: [2025_ver.1] Page 192 of 502 documentation that may be required by the Contract Documents and the Owner. Prior to release of Final Payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Acceptance and Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice to Proceed is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 34 Construction Services Agreement: [2025_ver.1] Page 193 of 502 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel; 8.1.4 The number of Contractor's and Sub -Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. 35 Construction Services Agreement: [2025_ver.1] Page 194 of 502 The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit, and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean, and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(.a-)colliercountVfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 36 Construction Services Agreement: [2025_ver.1] Page 195 of 502 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner in the form of a Work Directive, Exhibit E-2, and Owner shall not be liable to the Contractor for any increased compensation without such 37 Construction Services Agreement: [2025_ver.1] Page 196 of 502 written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be affected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Procurement Ordinance, as amended and the terms of the Contract Documents in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and 38 Construction Services Agreement: [2025_ver.1] Page 197 of 502 matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit, or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify, and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses 39 Construction Services Agreement: [2025_ver.1] Page 198 of 502 and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner, and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding Requirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, including the requirements set forth in Florida Statute, §448.095. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. 40 Construction Services Agreement: [2025_ver.1] Page 199 of 502 Contractors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's / Contractor's proposal may be deemed non- responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 41 Construction Services Agreement: [2025_ver.1] Page 200 of 502 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess 42 Construction Services Agreement: [2025_ver.1] Page 201 of 502 shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 43 Construction Services Agreement: [2025_ver.1] Page 202 of 502 20. COM LETION. Substantial Completion and Development of the Punch List 20.1 Substantial Completion is as defined in the Defined Terms section of this Agreement. When the Contractor believes Substantial Completion has been achieved, it shall certify in writing to the Project Manager that the Project is Substantially Complete in accordance with the Contract Documents and request the Project Manager to inspect the Work and to issue a Certificate of Substantial Completion. Prior to making such a request the Contractor must: a) Complete all Work necessary for the safe, proper and complete use or operation of the Project as intended, including: all regulatory agency requirements are satisfied, including occupancy permits; operating certificates and similar releases; all operational testing has successfully occurred; all required training has successfully occurred; all close-out documents (such as as -built drawings, certifications, warranties, guaranties, test reports test logs, operational manuals, etc.) have been provided by Contractor and accepted by Owner. b) Prepare a Contractor -generated punch list (i.e., a list of all items required to render the Project complete, satisfactory, and acceptable, for submission with the request for inspection and issuance of a certificate of Substantial Completion), which shall include and list separately the estimated cost to complete each remaining unfinished item included on the list with an explanation as to the basis for those costs, substantiated by the Schedule of Values, subject to the Owner's final review and approval as stated below. c) Upon receipt of the request from the Contractor, the Project Manager, assisted by the Professional, if any, and other Owner personnel, as appropriate, shall review the request, the Work and the Contractor -generated Punch List to determine whether the Work is ready for Substantial Completion inspection. If this review fails to support Substantial Completion inspection, the Project Manager shall so notify the Contractor citing the reasons for rejection. If the Project Manager and Professional (if any) determine the Work is ready for Substantial Completion inspection, the following procedures will be followed: The Project Manager will, within a reasonable time, schedule, and conduct inspection(s) of the Work with the Professional (if any), other Owner personnel as required, and the Contractor for the purpose of formally reviewing the status of completion of the Work, the readiness of the Project for use and the Contractor -generated Punch List. A copy of the Contractor - generated punch list will be provided to all participants and any additional items noted during the inspection will be added to the list. The Project Manager, the Professional, their representatives and other Owner representatives will review the Work and the Contractor -generated punch list to assure all deficiencies are noted on a final document (Exhibit F-3 Punch List Form). The Punch List must include all items required to render the Project complete, satisfactory and acceptable. If Project Manager and Contractor disagree on whether an item belongs on the Punch List, the Project Manager has the final say on whether the item is included or not. The Punch List shall be finalized and issued to the Contractor by the Owner within the time frames indicated below. 44 Construction Services Agreement: [2025_ver.1] Page 203 of 502 2. If upon completion of the inspection(s) the Owner does not consider the Project Substantially Complete, the Project Manager will notify the Contractor in writing giving reasons why the Project is not Substantially Complete. 3. If, upon completion of the inspection(s), the Owner considers the Project Substantially Complete, the Project Manager shall prepare a Certificate of Substantial Completion to establish the date for Substantial Completion as the date of the completed inspection(s). The Certificate of Substantial Completion shall be approved by the Owner upon the signature of both the Project Manager and the Professional and shall be issued to the Contractor. The Certificate shall fix the date of Substantial Completion. 4. Substantial Completion cannot occur until all conditions necessary for safe and proper use, occupancy, maintenance, and operations are in place. 20.2 Time Frames for Issuance of the Punch List (a) The Owner shall issue the Punch List to the Contractor within the time frames described below, provided that the Contractor has completed its obligations in providing a proper contractor -generated Punch List prior to the Substantial Completion inspection. (b) For construction estimated to cost less than ten million dollars ($10,000,000.00), the Punch List must be finalized within thirty (30) Days after the Substantial Completion date. (c) For construction projects estimated to cost more than ten million dollars ($10,000,000.00), the Punch List must be finalized and issued within forty-five (45) Days after the Substantial Completion date. (d) For construction projects involving more than one building or structure or multiple phases, the Punch List must be prepared for each building, structure or phase within thirty (30) Days of the Substantial Completion date of a particular building, structure or phase if it is estimated to cost less than ten million dollars ($10,000,000.00) or within forty-five (45) Days if it is estimated to cost more than ten million dollars ($10,000,000.00). (e) If the development of the Punch List takes the full amount of time designated (or a portion thereof) and includes a tentative punch -list based upon the above dollar amount thresholds, the delivery of the Punch List of items shall be delivered by the Owner no later than five (5) business days thereafter. Within twenty (20) business days after the delivery of the Punch List to the Contractor, the Owner must pay the Contractor the remaining contract balance owed, that includes all retainage previously withheld by Owner less an amount equal to 150 percent (150%) of the estimated cost to complete the items on the Punch List. At the same time the Owner delivers the Punch List Contractor shall submit a payment application requesting that Owner pay the Contractor the remaining contract balance owed including all retainage previously held by Owner less an 45 Construction Services Agreement: [2025_ver.1] Page 204 of 502 amount equal to 150 percent (150%) of the estimated cost to complete the items on the Punch List. (f) The failure to include any corrective work or pending items not yet completed on the Punch List does not alter the responsibility of Contractor to complete all the construction services purchased pursuant to the Contract Documents. (g) Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the Punch List. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.3 Completion of Punch List Work and Release of Remaining Contract Balance (a) Upon completion of the Punch List Work, the Contractor shall certify in writing to the Project Manager that all Punch List Work has been completed in accordance with the Contract Documents and request the Project Manager to inspect the Work and to approve Punch List completion. If, in the Project Manager's opinion, the Work is not ready for such inspection, the Project Manager will so inform the Contractor, giving reasons for such opinion. If the Project Manager is satisfied that an inspection is warranted, the Project Manager will, within a reasonable time, schedule and conduct inspection(s) of the facility with representatives of the Owner's user department, the Professional (if any), and the Contractor, for the purpose of formally reviewing the completion of Punch List Work. If the Project Manager and the Contractor disagree on whether an item remains incomplete, the Project Manager has the final say on whether the item is complete or not. (b) If, upon completion of the inspection(s) the Owner does not consider the Punch List Work complete, the Project Manager will notify the Contractor in writing giving specific reasons why the Punch List Work is not complete. (c) Upon completion of all items on the Punch List, the Contractor may submit a Payment Request for the remaining amount withheld by the Owner. If a good - faith dispute exists as to whether one or more items identified on the list have been completed pursuant to the Contract Documents, the Owner may continue to withhold an amount not to exceed one hundred and fifty percent (150%) of the total costs to complete such items. This remaining balance of retainage may be requested by the Contractor in its Application for Final Payment after Final Acceptance of the Work by Owner (Exhibit F-2 Certificate of Final Completion). (d) All items that require correction under the Contract Documents and that are identified after the preparation and delivery of the Punch List shall remain the obligation of the Contractor. (e) Warranty Items may not affect the Final Payment of retainage pursuant to Section 218.735(7)(f), Florida Statutes. 46 Construction Services Agreement: [2025_ver.1] Page 205 of 502 (f) If the Owner fails to comply with its responsibilities to assist in developing the Punch List within the time frame applicable to the Project (as described above), the Contractor may submit a request for all remaining retainage withheld by the Owner. The Owner need not pay or process any payment request for retainage if Contractor has, in whole or part, failed to cooperate with the Owner in development of the Punch List or failed to perform its contractual responsibilities with regard to development of the Punch List. Additionally, the Owner does not have to pay or release any amounts that are the subject of a good -faith dispute, the subject of a claim brought pursuant to Section 255.05, Florida Statutes, or otherwise the subject of a claim or demand by the Owner or Contractor. 20.4 Final Completion (a) Upon written notice from the Contractor that the Project is complete, the Project Manager shall schedule a final inspection with the Contractor, the Design Professional, and any other personnel requested by the Project Manager. The Project Manager shall notify the Contractor in writing of any Work this inspection reveals to be defective, or otherwise not in accordance with the Contract Documents. The Contractor shall immediately take such action as may be necessary to remedy such defects and bring the Project into full compliance with the Contract Documents and then request another inspection. (b) Final Completion of the Work shall be achieved by the Contractor when all the Work required under the Contract Documents has been satisfactorily completed, including all Punch List work, and specifically as noted in the Specifications section. (c) After the Project Manager has determined that all Work has been completed, the Project Manager will issue a Certificate of Final Completion Exhibit F-2 for the Work. 20.5 Application for Final Payment After the Certificate of Final Completion, Exhibit F-2 for the Work has been issued by the Project Manager, the Contractor may make Application for Final Payment following the procedure for progress payments. As an explicit condition precedent to the accrual of Contractor's right to Final Payment, Contractor shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit form attached as Exhibit C, as well as a duly executed copy of the Surety's consent to Final Payment and such other documentation that may be required by the Contract Documents, including but not limited to: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to Final Payment. (4) Receipt of the Final Payment Check list, Exhibit G-1. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. 47 Construction Services Agreement: [2025_ver.1] Page 206 of 502 Prior to release of Final Payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G-1. 20.6 Approval of Final Payment (a) If, on the basis of the Project Manager's observations and review of Work during Construction, final inspection, and review of the Application for Final Payment (all as required by the Contract Documents), the Project Manager is satisfied that the Work has been completed and the Contractor has fulfilled all of its obligations under the Contract Documents, the Project Manager will, within ten (10) days after receipt of the Application for Final Payment, indicate in writing that the entire remaining balance is found to be due and payable to the Contractor and approve payment. Otherwise, the Project Manager will return the Application to the Contractor, indicating in writing the reason for refusing to approve for Final Payment, in which case the Contractor will make the necessary corrections and resubmit the Application. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. (b) Contractor's acceptance of Final Payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. (c) The Contractor's obligation to perform the Work and complete the Project in accordance with the Contract Documents shall be absolute. Neither approval of any progress or Final Payment, the issuance of a Certificate of Substantial Completion, any payment by the Owner to the Contractor under the Contract Documents, any use or occupancy of the Project or any part thereof by the Owner, the issuance of a Final Completion, any act of acceptance by the Owner, any failure to do so, nor any correction of defective Work by the Owner shall constitute an acceptance of Work not in accordance with the Contract Documents. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract 48 Construction Services Agreement: [2025_ver.1] Page 207 of 502 Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22 TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to the extent such re -inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation, and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday, or holidays. 49 Construction Services Agreement: [2025_ver.1] Page 208 of 502 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect, and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys, and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect, and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys, and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect, and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to Final Payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents, and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after Final Payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event 50 Construction Services Agreement: [2025_ver.1] Page 209 of 502 of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect, and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect, and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-3 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever Contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 51 Construction Services Agreement: [2025_ver.1] Page 210 of 502 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents, or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 52 Construction Services Agreement: [2025_ver.1] Page 211 of 502 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation, or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules, and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full-time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct 53 Construction Services Agreement: [2025_ver.1] Page 212 of 502 and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute, or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with the Project Manager, Design Professional, and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. 54 Construction Services Agreement: [2025_ver.1] Page 213 of 502 All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice to Proceed. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below. 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sales tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying, or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and 55 Construction Services Agreement: [2025_ver.1] Page 214 of 502 shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 56 Construction Services Agreement: [2025_ver.1] Page 215 of 502 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost -Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 57 Construction Services Agreement: [2025_ver.1] Page 216 of 502 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(D-colliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. 58 Construction Services Agreement: [2025_ver.1] Page 217 of 502 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. A. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to 59 Construction Services Agreement: [2025_ver.1] Page 218 of 502 submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 60 Construction Services Agreement: [2025_ver.1] Page 219 of 502 EXHIBIT I-1: SUPPLEMENTAL TERMS AND CONDITIONS ® Attached hereto, following this page ❑ Not Applicable 61 Construction Services Agreement: [2025_ver.1] Page 220 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 0 The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities 0 FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 Page 221 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements 200.322 As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 Page 222 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 Page 223 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: Comprehensive Procurement Guideline (CPG) Program I US EPA The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 Page 224 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 Page 225 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 Page 226 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretaryof Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 Page 227 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES STATE OF FLORIDA PROVISIONS DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FILING ASSITANCE PRO AM Applicable Laws - The County and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The County shall include this provision in all contracts issued. Data Collection: The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: Project Monitoring (floridadep.gov) In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest and to be consistent with Section 287.057(17)(a)(1), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitoring contractor to the Florida Department of Environmental Protection/County/permittee/engineering consultant. The County's engineering consultant must provide an adequate mitigation plan, consistent with Section 287.057(17)(a)(1), F.S., including a description of organizational, physical, and electronic barriers to be used by the County's engineering consultant, that addresses conflicts of interest when contracting multi -disciplinary firms for Project engineering and post -construction environmental monitoring services, or when the Project engineering consultant firm subcontracts for post -construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and mangrove resources. Equal Employment Opportunity: No person on the ground of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, otherwise subjected to discrimination. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. Local Preference: Pursuant to Section 255.0991, F.S. local vendor preference is not applicable Physical Access and Inspection: Grantor personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. The County shall provide access to any location or facility on which County is performing work, or storing or staging equipment, materials or documents. ii. The County shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. The County shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. Record Retention: A. The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is EXHIBIT I - 8 Page 228 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES made and shall allow the County, the State, or its authorized representatives access to such records for audit purposes upon request. Statutory Notices Relating to Unauthorized Employment: The County shall consider the employment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement Statutory Notices Relating to Subcontracts: Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. EXHIBIT I - 9 Page 229 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Date Authorized Signature EXHIBIT I - 10 Page 230 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name Title Firm Street Address, City, State, Zip Signature SAM.gov Unique Entity ID (UEI) Number CAGE Number EXHIBIT I - 11 Page 231 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES C.OLUER COUNTY ANTIC31RATED DISADVANTAGED, MINORITY, VVDMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. umieolable statuses will require She PR6mE to either praivde a revised statement crr pravJde source documentation t1m va lidar _s s catus. A. PRMIE VEND OR/(ONTRA{TOR INFORMATION PRIME NAME PRIME FED NUMBER CON RaCT DOLLAR. AANIOUPFT 15THE PRIME A RfIRIDA-CERTIRED DISADVANTAGED, VETTA q Y N rs THEACTIVTTY OFTElISCdRTRACT.- MINORTTYOPWOVEN BUSINESSENTEAPR!SE? DBE? Y Al €ONsrRu rTON? r N rDBEjPABVf,'BEI OR HAkE ASMALL e71SADVAh7AGED BUSINESS SA CERTIFICATION FROM THE SMALL BUSINESS MELE? V N €ONSULTATEOhI? +' N ADMINISTRATION? A SERVICE DWWLEDVETERAN- WBE? Y N OTHER? r N SD8 8A? Y N IS ?I SSLIB611SSSOK A REVISION? Y N )F YES, RE'.&5ION P4UMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A EFSAOVANTAGED MINORITY, WOMEN -OWNED, SMALL SLISINESS CONC ERN 0R SERVICE DISABLED VETERAN, PFUME IS TO CON1PLETE THIS NEXT SECTION 613E MVWSE SURCONTRA€TOR OR SUPPHER TYPE OF WORK OR ETFWICETY CODE SUBr SUPPLIER PER€EN7 OF CONTRACT VE-rERAN NAM-E SPECIALTY {See Bek-j 004-AR AMOUNT DC�LLAR5 L5 C, SECT3ON TO BE COMPLETED BY PRIME VfND0RICONTRACTOR NAME OF SUBMITTER vsTE TrTLE10F 5U6MTTTfR EMAIL ADDRESS 0PPRIME {SU5MrrTERj TEt£PHONE4UMBER FAXNLUTABfA NOTE: This information is cued to trark and report anticipated DBE or MBE participation in fedesall)�-FurAed contracts- The antidparted 0'-E M BE amount is voluntary and will not become part of the contractual terms. This farm mint be submitted at time -of response to a Soli[ixation. !f and when awarded aCnuntp corrtaad, the prime will be asked to apdatetkw information for the graraiomoance r'es D. SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME 06LLIER ODNTRA€Tr F3;'RFP or POr'REO'. 6RAPFr PROGRAM wwmA€T ACCEPTED BY. DATE ET3iNIC1TY CODE slackAmeri[an BA Hispanic American HA Ifativeliineei[an NA. Subcant.,3siarrAmezi[an - A.sianrPadEcktlteri[an APfi� lion-Mlnorlr; 14omen N.•-'.a'a Other. not �f arty at_heF grc+.lp Irsted - EXHIBIT I - 12 Page 232 of 502 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Contractor (Firm Name) Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date EXHIBIT I - 13 Page 233 of 502 EXHIBIT 1-2: AFFIDAVIT REGARDING LABOR AND SERVICES (Followin_a This Pape) 62 Construction Services Agreement: [2025_ver.1] Page 234 of 502 AFFIDAVIT REGARDING LABOR AND SERVICES Effective July 1, 2024, pursuant to § 787.06(13), Florida Statutes, when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services. Nongovernmental Entity's Name: Address: Phone Number: Authorized Representative's Name: Authorized Representative's Title: Email Address: AFFIDAVIT I, (Name of Authorized Representative), as authorized representative attest that (Name of Nongovernmental Entity) does not use coercion for labor or services as defined in § 787.06, Florida Statutes. Under penalty of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true. (Signature of authorized representative) Date STATE OF COUNTY OF Sworn to (or affirmed) and subscribed before me, by means of ❑ physical presence or ❑ online notarization this day of , 20_, by (Name of Affiant), who produced their as identification or are personally known to me. Notary Public Commission Expires Personally Known ❑ OR Produced Identification 13 Type of Identification Produced: CONTRACT, RENEWAL, OR EXTENSION REQUEST FORM Version: 2025.1 Page 235 of 502 AFFIDAVIT REGARDING LABOR AND SERVICES Effective July 1, 2024, pursuant to § 787.06(13), Florida Statutes, when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services. Nongovernmental Entity's Name: Flig-ril —1-6GN CN ;Ef_ RTS C S _�- rl L Address: %t$D fOiRj p 2'S FaRl- /AJUSr-L 3 a5 Phone Number: 2 3 _ rj 4 _f 3 Authorized Representative's Name: W ILLX-AIV\ G_ VP -VCE JR Authorized Representative's Title: =Rcc 1-b Email Address: CG CA R-rKrG c A C(4 -re rLPiz -C S S C d f'1 ►_ a 910k,Pl I I 1, W ltc s n (, Qr, t-c Jr (Name of Authorized Representative), as authorized representative attest that T-AUH T6"A 4.ti -;Ef1 P Irs5 C E•.( Ime of Nongovernmental Entity) does not use coercion for labor or services as defined in § 787.06, Florida Statutes. Under penalty f perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true. IX it o20dS ( gnatu(a of authorized representative) Date STATE OF V l-ufkSol- COUNTY OF L F 1G Sworn to (or affirmed) and subscribed before me, by means of 9 physical presence or ❑ online notarization this 1 day of , 20-2,.r by L1,'I/,x,., Tr (Name of Affiant), who produced their as identification or are personally known to me. Ncdary Pubic Commission Expires Personally Known ® OR Produced Identification 0 Type of Identification Produced: Ko }OHN J ECKERLE lil PublicState of Floridammission N HH 604425 mm•Expires 6rc 2t, 2023ough National Notary ssn. CONTRACT, RENEWAL, OR EXTENSION REQUEST FORM Version: 2025.1 Page 236 of 502 2/18/2025 Item # TC ID# 2025-666 Executive Summary Recommendation to approve Change Order No. 1, adding $33,702.40 and 137 days to the Work Order under library contract 18-7432-CZ with APTIM Environmental & Infrastructure, LLC for the Park Shore Beach Renourishment; and make a finding that this item promotes tourism (Project 50320 & 90067). OBJECTIVE: To process a change order for additional design and construction observation for the 2024 truck haul beach renourishment project at Park Shore, increasing the Work Order from $102,117.70 to $135,820.10 and from 270 days to 407 days. CONSIDERATIONS: On May 14, 2024 (Item 16.B.2), the Board approved a Work Order under library contract 18- 7432-CZ with APTIM Environmental & Infrastructure, LLC (APTIM) for the Park Shore Beach Renourishment in the amount of $102,117.70. Over the summer / fall of 2024, Hurricanes Debby, Helene, and Milton caused extensive erosion, significantly changing the existing conditions from that used for design and bidding of the project. The initial contract plans called for the importing of 167,700 tons of sand to fill Park Shore beach. Surveys conducted just prior to the start of construction indicated that an additional 144,300 tons of sand, totaling 312,000 tons, would be needed to meet the County design standards. APTIM is required to re -design the project based on the modified existing conditions and must remain on the project as Engineer of Record throughout the additional hauling period for the increased volume of sand hauling and placement. The original intent for APTIM's work was to begin hauling and placement at the beginning of November 2024. Since hauling and placement started in January 2025, the extra 137 days will provide enough time for APTIM to certify and close-out the project. This item is consistent with the Quality of Place Objectives of the County's Strategic Plan. ADVISORY COMMITTEE RECOMMENDATIONS: This item was approved by the Coastal Advisory Committee (CAC) on February 13, 2025, and will be reviewed by the Tourist Development Council (TDC) on February 18, 2025. FISCAL IMPACT: Change Order #1 extends the time and the overall amount of the work order by $33,702.40. The additional funding is available with the TDC Beach Renourishment Fund (1105), Project 50320 and Project 90067. The source of funding is tourist development taxes. FDEP cost -share funding will be requested if eligible at a future date to reimburse Collier County for a portion of the completed work. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. — CMG RECOMMENDATIONS: To approve Change Order No. 1 adding $33,702.40 and 137 days to the Work Order under library contract 18-7432-CZ with APTIM Environmental & Infrastructure, LLC for the Park Shore Beach Renourishment; and make a finding that this item promotes tourism (Project 50320 & 90067). PREPARED BY: Andrew Miller, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENTS: 2. CZM - APTIM CO #1- Combined APTIM Affidavit Regarding Labor and Services - Revised 1.15 Page 237 of 502 COOT C X4 ty Procurement Services Change Order Form Contract# 18-7432-CZ Co# 1 Po# 4500231654 Project #: 90067.1 Project Name: 2024 Park Shore Renourishment Contractor/Consultant Name: APTIM Environmental & Infrastructure, LLC Select One: ❑ Contract Modification (Construction or Project Specific) 0 Work Order Modification Project Manager Name: �Andrew Miller Division Name: Coastal Zone Mgmt Original ContractlWork Order Amount $102,117.70 5/14/24; 16.B.2 Original BCC Approval Date; Agenda Item # Current BCC Approved Amount $102,117.70 5/14/24; 16.B.2 Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount $102,117.70 3/9/26 SAP Contract Expiration Date (MASTER) Dollar Amount of this Change $33,702.40 33.00% Total % Change from Original Amount Revised Contract/Work Order Total $135,820.10 33.00% % Change from Current BCC Approved Amount Total Cumulative Changes $33,702.40 33.00% % Change from Current Amount Notice to Proceed 5/30/2024 Original NTP 270 Original Final 2/24/25 Last Final 2/24/25 Date I I # of Days I Completion Date Approved Date # of Days Added 137 Revised Final Date 7/11/2025 Current Substantial Completion Date N/A (includes this change) (if applicable) Provide responses after each question in box below (Responses should be brief and specific). Attach additional information and/or documentation from the Design Professional and/or Contractor, if needed, with your submission of this Change Order and complete summary on next page. Check all that apply to this Change Order request: [D Add Time; 0 Add funds; ❑ Use of Allowance; 0 Modify/Delete existing Task(s); ❑ Add new Task(s); ❑ Reallocate funds; ❑ Other (must be explained in detail below) 1.) This change is to add $33,702.40 and 137 days to the design Work Order in order to accomodate the significant increase in sand volume required to adequately fill the beach which eroded over the summer of 2024 from Hurricanes Debby, Helene, and Milton. 2.) N/A 3.) The change was not included in the original Work Order because sand volumes designed for the project were calculated from existing conditions surveys conducted in January / February 2024, well before erosion occurred from hurricanes during the summer of 2024. 4.) If this change is not processed, the designer will not be available to perform Engineer of Record construction observation and closeout required by the County's FDEP and USACE permits. Page 1 of 4 Change Order Form (2023_ver.1) Page 238 of 502 Gayer Coj4nty Procurement Services Change Order Form Contract# 18-7432-CZ CO# 1 PO# 4500231654 Project #: 90067.1 Project Name: 2024 Park Shore Renourishment Contractor/Consultant Name: APTIM Environmental & Infrastructure, LLC Change Order/Amendment Summary (If additional spaces needed, attached a separate Summary page to this amendment request) COST TIME CO# AMD# Description Justification Additive Deductive Days Total New H (-) Added Time Time and cost Engineer of Record services related to increased required until the construction 1 volume of sand due $33,702.40 137 407 of the project is completed to hurricanes of 2024 ❑ Check here if additional summary page/s are attached to this Change Order Page 2 of 4 Change Order Form (2023_ver.1) Page 239 of 502 Gayer Coj4nty Procurement Services Change Order Form Contract# 18-7432-CZ CO# 1 PO# 4500231654 Project #: 90067.1 Project Name: 2024 Park Shore Renourishment Contractor/Consultant Name: APTIM Environmental & Infrastructure, LLC Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor/ Vendor/ Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Contractor/Consultant/Design Professional signature below must be from an authorized person/officer/director of the Company or listed as the qualified licensed Professional "Project Coordinator" or Design/Engineer Professional under the agreement. Signature authority of person signing will be verified through the contract OR through the Florida Department of State, Division of Corporations (Sunbiz) website (https.Ildos.myflorida.comisunbiz/search/). If the person signing is not listed, we will require signature authority by one of the listed officers/directors of the company giving that person signature authority. Prepared by: Accepted by: Accepted by: Signature -Division Project Manager Printed Name Signature- Design/Engineer Professional (if applicable) Printed Name/Title/Company Name Signature- Contractor/Consultant/Vendor Printed Name/Title/ Company Name Date: Date: Date: Approved by: Date: Signature -Division Manager or Designee (Optional) Printed Name Approved by: Date: Signature -Division Director or Designee (Optional) Printed Name Approved by: Date: Signature -Division Administrator or Designee (Optional) Printed Name Page 3 of 4 Change Order Form (2023_ver.1) Page 240 of 502 Gayer Coj4nty Procurement Services Change Order Form Contract# 18-7432-CZ CO# 1 PO# 4500231654 Project #: 90067.1 Project Name: 2024 Park Shore Renourishment Contractor/Consultant Name: APTIM Environmental & Infrastructure, LLC FY CHO Request # Approved by: FOR PROCURMENT USE ONLY Signature -Procurement Professional Signature/Date Approved by: Signature -Procurement Manager/Director (OPTIONAL) APPROVALTYPE: ❑ Administrative ❑ Administrative -BCC Report ❑ BCC Stand -Alone ES (BCC Approval Required) ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: Dated: (SEAL) BCC APPROVAL BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Date: Agenda # Approved as to Form and Legality: Deputy County Attorney Print Name Chairman Page 4 of 4 Change Order Form (2023_ver.1) Page 241 of 502 APTIM 6401 Congress Avenue, Suite 140 Boca Raton, FL 33487 Tel: +1 561 391 8102 www.aptim.com APTIM January 22, 2025 Andy Miller Collier County Coastal Zone Management 2685 S. Horseshoe Drive, Unit 103 Naples, FL 34104 Re: Engineering Services for Park Shore Renourishment (Contract No. 18-7432-CZ) — Change Order No. 1 Dear Andy: This letter is in response to Collier County's (County) request for a change order to the proposal for Aptim Environmental & Infrastructure, LLC (APTIM) to support the County in conducting beach renourishment activities on Park Shore (R44-T54) beaches. This change order allows APTIM to continue to perform professional services as the Engineer of Record for the construction event due to the increase in volume required due to the passage of Hurricanes Helene and Milton, which has doubled the construction schedule. Included as Exhibits are: the Scope of Work (Exhibit A), Fee Proposal (Exhibit B), and the Rate Schedule (Exhibit C). APTIM proposes to provide these services on a lump sum basis with a cost of $33,702.40 under the terms and conditions of the existing Contract No. 18-7432-CZ and as amended May 7, 2020. Barring any unforeseen circumstances, all work will now be completed within 407 days of receiving the Notice to Proceed. Sincerely, Nicole S. Sharp, P.E. Director, Coastal Sciences Engineering Aptim Environmental & Infr structure, LLC cc: James Austin, P.E., APTIM Steve Keehn, P.E., APTIM Page 242 of 502 APTIM Exhibit A Scope of Work Page 243 of 502 EXHIBIT A SCOPE OF WORK PARK SHORE RENOURISHMENT COLLIER COUNTY, FL JANUARY 2025 Introduction This is a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM) to provide the engineering services described below to support the County for conducting a truck haul beach renourishment project on Park Shore (R44-R54) beaches as additional work then what was originally proposed in the original scope of work. Due to impacts from Hurricanes Helene and Milton, additional volume was required to address erosion within the fill template. The work will require an extension of the end date for an additional 42 days in order to allow for the construction of the additional volume. 3. Engineer of Record As the Engineer of Record, APTIM will conduct pre-, during- and post -construction tasks necessary for certification of the project. An APTIM engineer will attend the pre -construction conference and update the construction profiles using the Contractor's pre -placement surveys. During construction, APTIM will support the County's inspection efforts and perform weekly site visits to inspect the work and attend weekly construction meetings. It is assumed that there will be up to 16 weeks of active hauling during construction. APTIM will prepare a QA/QC check list, delineating the County, contractor, inspector and APTIM duties as a guideline for during construction coordination. APTIM will prepare a post -construction certification to meet permit requirements, based largely on surveys, weight tickets, daily reports and observations made by the contractor and County inspectors. APTIM will also provide a construction and as -built summary based on the contractor's as -built drawings. It is assumed that the annual physical monitoring survey and engineering report will be contracted by the County under separate work order. The third party's annual monitoring report will serve as the post -construction report and may include APTIM's as -built summary as an appendix. APTIM will review the contractor's pay applications, reconcile and/or review the pay volumes/tonnage based on mine records, weights tickets collected at the beach and physical surveys. Summary This work will be performed on a lump sum (LS) basis with an additonal cost of $33,702.40 as outlined in the attached fee spreadsheet. The overall time of the contract to complete design, construction administration, and Engineer of Record signoff will now be within 407 days of receipt of the Notice to Proceed. Assumptions • Dune restoration and dune vegetation are not part of this work assignment. Aptim Environmental & Infrastructure, LLC Page 244 of 502 County inspectors will collect weight tickets, observe delivered sand quality and beach construction, and reconcile sand mine records with weight tickets collected at the beach. • The County or a third party will perform and prepare reports on the following tasks: o 2024 Physical Monitoring o Turbidity Monitoring o Biological Monitoring and Hardbottom Edge Surveys o Submerged Aquatic Vegetation Surveys o Marine Turtle Monitoring and Related FWC Coordination o Shorebird Monitoring Aptim Environmental & Infrastructure, LLC Page 245 of 502 ,> APTIM Exhibit B Fee Proposal Page 246 of 502 to °§j _ 0 CD_ LU - B Cl) CN �6"/ z. { _ - A\ « � ® a$ |)/ _ CO) L) k �\ r §§ _ §2 _® o n ¥; !t co°\\ \/2 tea/ U) f CD )\ 0 \en \ e Cl) 0 F- _ _ J -a k ) j§, !( \$� ' APTIM Exhibit C Rate Schedule Page 248 of 502 DocuSign Envelope ID: 80B82885-B471-4CCC-BC63-021FDAD6CE8B SCHEDULE B-ATTACHMENT 1 RATE SCHEDULE Title Hourly Rate Principal $231 Senior Project Manager $203 Project Manager $160 Senior Engineer $177 Engineer $130 Senior Inspector $126 Inspector $93 Senior Planner $150 Planner $120 Senior Designer $140 Designer $105 Environmental Specialist $120 Senior Environmental Specialist $167 Scientist/Geologist $115 Senior Scientist/Geologist $153 Marine Biolo ist/H dro eolo ist $120 Senior Marine Biolo ist/H dro eolo ist $145 Senior GIS Specialist $155 GIS Specialist $115 Clerical/Administrative $73 Senior Technician $103 Technician $83 Surveyor and Mapper $125 CADD Technician $107 Survey Crew - 2 man $145 Survey Crew - 3 man $180 Survey Crew - 4 man $215 Senior Architect $160 Architect $125 The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Hourly rates for additional categories required to provide particular project services shall be mutually agreed upon by the County and firm, in writing, on a project by project basis, as needed, and will be set forth in the Work Order agreed upon by the parties. ® Grant Funded: The above rates are for purposes of providing estimate(s), as required by the grantor agency. Page 2 of 3 First Amendment to Agreement # 18-7432-CZ Aptim Environmental & Infrastructure, LLCL Page 249 of 502 AFFIDAVIT REGARDING LABOR AND SERVICES Effective July 1, 2024, pursuant to § 787.06(13), Florida Statutes, when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services. Nongovernmental Entity's Name: Aptim Environmental & Infrastructure, LLC Address: 6401 Congress Avenue, Suite 140, Boca Raton, FL 33487 Phone Number: 561.361.3150 Authorized Representative's Name: Nicole Sharp Authorized Representative's Title: Director, Coastal Business Development Email Address: I nicole.sharp@aptim.com AFFIDAVIT Nicole Sharp (Name of Authorized Representative), as authorized representative attest that Aptim Environmental & Infrastructure, LLC (Name of Nongovernmental Entity) does not use coercion for labor or services as defined in § 787.06, Florida Statutes. UK Pena y of perju , I d lare that I have read the foregoing Affidavit and that the facts stated in it are true. 02/12/2025 (Signature of authorized presentative) Date STATE OF Florida COUNTY OF Palm Beach Sworn to (or affirmed) and subscribed before me, by means of 0 physical presence or ❑ online notarization this 12th day of Februm, 20 A by Nicole Sharp (Name of Affiant), who produced their as identification or are personally known to me. Tracie H. McCauley Lw GL" Notary Public Notary Public State of Florida 8/19/2026 TMy Commissionuley illl 8H 272308 ' Commission Expires Exp. 811912026 Personally Known 1! OR Produced Identification G Type of Identification Produced: CONTRACT, RENEWAL, OR EXTENSION REQUEST FORM Version: 2025.1 Page 250 of 502 2/18/2025 Item # 8.A ID# 2025-387 Executive Summary Recommendation to accept the report from the City of Naples Tourism Impact Study for the Stormwater Outfall Pipe Removal and Water Quality Project and make a finding that this project promotes tourism. OBJECTIVE: To accept a report pursuant to Section 125.0104(5)(a)6.e Fla Stat. regarding the City of Naples Tourism Impact Study for the Stormwater Outfall Pipe Removal and Water Quality Project and the finding that this project provides a positive impact on tourist activities. CONSIDERATIONS: The Tourist Development Council (TDC) provides recommendations on the usage of TDT funds, including Beach Renourishment Projects (Fund 1105). For capital improvement projects Section 125.0104(5)(a)6.e Fla Stat. requires that "an independent professional analysis, performed at the expense of the county tourist development council, demonstrates the positive impact of the infrastructure project on tourist -related businesses in the county." At the May 21, 2024, TDC meeting (Agenda item 7.A.1.) the TDC approved a grant request from the City of Naples for professional services provided by Adept Public Relations, LLC., to conduct a Tourism Impact Study for the Naples Gulf of Mexico Beach Stormwater Outfall Pipe Removal and Water Quality (Stormwater) Project in the amount of $44,879. At the July 9, 2024, BCC meeting (Agenda item 16.B.5), the Board approved the reimbursement request of $44,879 for the study by Adept Public Relations. The study notes that the Stormwater Project has perceived economic, environmental, and tourism benefits by improving water quality, aesthetics of the beaches, and the area drainage basin. These elements are important to the businesses in the area that rely on tourism traffic as well as the rental properties and hotels in the vicinity. This project complements other projects in the area that will attract and support tourism such as the Miracle Mile Project, Naples Pier Renovation, and the Naples Beach Club, A Four Seasons Resort redevelopment. This study was completed independently of the County and the Tourist Development Council. The City of Naples is presenting the findings from the study by Adept Public Relations, LLC. The City of Naples will return at a subsequent meeting with a detailed project funding request. ADVISORY BOARD RECOMMENDATION: The Coastal Advisory Committee approved this item at its meeting on February 13, 2025. FISCAL IMPACT: There is no additional fiscal impact with this item. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. — CMG RECOMMENDATIONS: To accept the report from the City of Naples Tourism Impact Study for the Stormwater Outfall Pipe Removal and Water Quality Project and make a finding that this project promotes tourism. PREPARED BY: John Melleky, Arts and Culture Manager, Tourism ATTACHMENTS: Independent Tourism Impact Study Naples Beach Restoration Water Quality Improvements Project Final 052024 Optimized FINAL City Council Presentation 12-17-2024_R4 No Date —Board Page 251 of 502 WIN ON THE 4 GULF Prepared for: City of Naples, Florida 295 Riverside Circle I Naples, FL 34102 7 t 4 Independent Tourism Impact Study Naples Beach Restoration & Water Quality Improvements Project PO: 02400576 Prepared by: A D E PT Strategy & Public Relations Page 253 of 502 Independent Tourism Impact Study Naples Beach Restoration & Water Quality Improvements Project P.O.: 02400576 Prepared for: City of Naples, Florida 295 Riverside Circle I Naples, FL 34102 //iJV4W♦ ` �FA 0 'k i �1 ;,� • ON THE GULF / �•— o �b,� J go ••...•� Prepared by: ADEPT PUBLIC RELATIO , LLC 19 A-L--J D P-f Strategy & Public Relations City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 1 of 56 Page 254 of 502 TABLE OF CONTENTS TABLE OF CONTENTS EXECUTIVE SUMMARY TOURISM IMPACT STUDY FOR THE NAPLES BEACH RESTORATIO & WATER QUALITY IMPROVEMENTS PROJECT INTRODUCTION PREFACE PROJECT BACKGROUND AND HISTORY STUDY METHO OGY PROJECT LOCATION AND EXISTING PROJECT CONDITIONS FINISHED PROJECT AND FUTURE ACTIVITIES/ AMENITIES SITE VISITS, CO NICATIO AND INTERVIEWS FUTURE PLANS ALO NAPLES BEACH NEAR THE PROJECT AREA LOCAL BUSINESSES IN THE PROJECT AREA PARKING AT NAPLES BEACH (PROJECT AREA) PLANNED CO TRUCTIO SPENDING AT PROJECT SITE ECONO C IMPACTS OF CO TRUCTIO SPENDING ADDITIO L IMPACTS INFRASTRUCTURE SPENDING EMPLOYMENT AND PERSO L SPENDING BY NO RESIDENT LABOR WALK SCORE AND BIKE SCORE CONCLUSION AND RECOMMENDATIONS POSITIVE IMPACT O TOURIST ACTIVITIES APPENDIX A - NAPLES CITY COUNCIL PRESENTATION, APRIL 3, 2024 APPENDIX B - COLLIER COUNTY TDC CATEGORY "A" GRANT APPLICATION APPENDIX C - BEACH OUTFALL PS MODIFICATIONS - OCTOBER 2022 - R2 APPENDIX D - NAPLES BEACH OUTFALL & PROJECT AREA FLOODING PHOTOS APPENDIX E - COMMUNICATIONS - SUPPORT FROM COMMUNITY STAKEHOLDERS APPENDIX F - THE NAPLES MIRACLE MILE ARTICLE City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 2 3 3 4 4 5 D07 8 10 12 14 19 25 2NS MI 27 NA27 27 27 28 30 30 32 39 42 43 49 56 2 of 56 NG I Page 255 of 502 EXECUTIVE SUMMARY TOURISM IMPACT STUDY FOR THE NAPLES BEACH RESTORATION & WATER QUALITY IMPROVEMENTS PROJECT This Independent Professional Tourism Impact Study analyzes how the Naples Beach Restoration & Water Quality Improvements Project and its North and South Basin Outfalls removal process will drastically enhance the beach aesthetically along the entire project area, increase water quality along the beach shoreline, and reduce flooding, with a particular focus on positive impacts on tourism -related business stemming from the project. This study is a requirement of Florida Statute 125.014(5)(a)(6)(e) for Grant Agreements between the Collier County Tourist Development Council (TDC) and the City of Naples. The Collier County TDC is a nine member council that meets monthly to make recommendations to the Collier County Board of County Commissioners regarding a proposed plan of uses for tourist development tax revenues, for the effective operation of the special projects or uses of the tourist development tax revenues, and to review all expenditures of revenues from the tourist development trust fund. Segment #1 of the Naples Beach Restoration & Water Quality Improvements Project includes the materials, equipment, and labor required to perform an independent professional tourism impact study, which will be completed in May 2024. It is our understanding that Segment #2 will move forward if the independent professional tourism impact analysis (Segment #1) shows that the project would have a positive impact on tourism -related businesses. This report serves as proof that the aforementioned independent analysis of the impacts of this project on tourist related businesses has been conducted, with our professional opinion being that the Naples Beach Restoration & Quality Improvements Project and its North and South Basin Outfalls removal process would have a positive impact on tourism -related business in Naples, Florida. Sincerely, ADEPT Public Relations, LLC Dana Pollitt President Stephanie Rosendorf-Diaz, Esq. Senior Strategist City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 3 of 56 Page 256 of 502 INTRODUCTION PREFACE There have been long-standing concerns from the State of Florida's regulatory agencies, City of Naples officials and staff, environmental ATTEN'TION:BFACHUSERS 51 groups, property owners, residents and visitors that outfalls at - PROTECT SEA TIWLEIS? FE.i Naples Beach adversely impact beach erosion, lateral beach access, v� � Sea t.irlle nesting andhatching season sea turtle nesting habitats, water quality and beach aesthetics. In May i—October 31 addition, the City has experienced significant flooding of Gulf Shore Blvd and other locations within the project area during high hle 6nm iM aflS hah��.ma e.n.,d.gM1e., M1d.og owitignu..n d weaM, till frequency rainfall events."_""""'"`�_`�` In order to address these concerns, the Naples City Council voted to move forward with the Beach Restoration and Water Quality r Improvement Project, also referred to as the Naples Beach Outfalls MO ' Project. This project is a critical step for comprehensive water quality planning for the Naples community. Stormwater is currently collected and routed, untreated, through aging infrastructure and discharges to the Gulf of Mexico through 10 outfalls along the beach. In 2005, the Florida Department of Environmental Protection (FDEP) instructed Collier County and the City of Naples to address the beach outfalls, and the City has worked for over a decade to get to this point. The project would consolidate the system and re-route stormwater for much -needed treatment before discharging offshore to the Gulf through north and south pump stations. The Beach Outfalls Project is essential to ensuring the continued protection of regional water resources, the coastal environment, and wildlife, along with the area's residents and visitors by providing the City of Naples with a comprehensive approach to address pollutant sources before that water reaches the stormwater system and the Gulf. City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 4 of 56 Page 257 of 502 PROJECT BACKGROUND AND HISTORY In October of 2009, City of Naples staff began working with Collier County and the Florida Department of Environmental Protection (FDEP) to develop and identify funding sources fora mandated long-range management plan to remove the Beach° Outfalls. On January 18, 2012, the City's Master Plan was amended to satisfy the FDEP permit condition requiring the Naples Bay Restoration and Water Quality Improvements Project Earns Award for removal of the Beach Outfalls. Sustainable Infrastructure The City selected the consulting engineering firm AECOM to evaluate and develop management alternatives for the Beach _ _ __-_ - Outfalls on May 16, 2012, followed by the selection of Erickson Consulting Engineers (hereinafter "ECE") on August 19, 2015 to provide professional engineering services associated with improving flooding, water quality, and erosion for the Beach Outfall project. The City Council approved a first Amendment with ECE on November 16, 2016 to conduct a Technical Analysis assessing the feasibility of and provide a 30% Design to consolidate the (9) outfalls to a stormwater pump station, following by approval of the 2nd Amendment on June 12, 2019 with ECE to provide a Feasibility/Alternative Assessment from SGD to 2nd Ave. S. and 60% Design Review for the North/South Drainage and Treatment Train. Further, the Naples City Council approved the third Amendment on June 17, 2020 with ECE to provide a supplemental report to evaluate the project structure to consolidate and discharge stormwater flow from sub -basins 2-10 and Water Quality Report. Finally, Amendment 4 was approved on November 4, 2020 in order to provide project structure alternatives for the North/South Drainage and Treatment Systems. Approval of Amendment 5 on November 19, 2021 allowed consultants (ECE to provide site layout and generator for access and Infrastructure for both PS/HDD. City Council approved Amendment 6 on December 15, 2021, for ECE to amend scope and provide preliminary engineering and seek alternative site layouts for NIPS, generator, and HDD. t! City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 5 of 56 Page 258 of 502 On February 16, 2022, the Naples City Council approved Amendment 7-A for ECE to shift the SPS components and drive aisles to modify and develop a different alternative. The City Council then approved the agreement with DBE Utility Services on February 28, 2022 to perform the Horizontal Directional Drill (HDD) off 3rd Ave. N. Amendment 7-13 was approved by the City Council on February 28, 2022 for ECE to provide CEI Services for the HDD with DBE Utility Services. Moreover, on June 15, 2022, the City Council approved Amendment 8 for ECE to move the NPS from Oleander Dr. to 8th Ave. N. with modifications to permit tlAVe applications and SPS to develop a back-up generator at Alligator Lake (AL). The City of Naples has also received $5 million in grant funding from the Florida Department of Environmental Protection (FDEP) on July 1, 2022 and later received an additional $10 million from FDEP on July 1, 2023. Currently, the City of Naples Drainage Basin II system collects stormwater and discharges through ten (10) beach outfalls located within the intertidal beach "swash" zone. These outfalls serve a drainage area of approximately 395 acres. The City has undertaken a proactive stormwater management program to implement projects and sustainable programs to improve water quality, flooding, and coastal resiliency. In 2007, the City updated its Stormwater Master Plan to establish numerous goals and objectives and identified over $70-million in projects and programs aimed at managing stormwater as a resource, maximizing the treatment of water prior to discharge and improving flooding. In 2012, the City of Naples amended their stormwater master plan to require the removal of the City's stormwater beach outfalls. These actions were taken in response to a Florida Department of Environmental Protection (FDEP) mandate to remove the outfalls as a condition of the County's beach renourishment projects. In 2013, an assessment was conducted to identify alternatives to reduce the impacts of the outfalls on the beach while maintaining the same level of service as compared to the existing conditions. These alternatives included the following: • Integration of beach outfalls with planned beach renourishment City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 6 of 56 Page 259 of 502 • Integration of beach outfalls with Aquifer Storage and Recovery (ASR) system • Consolidation of beach outfall pipes with discharge through two beach outfalls • Redirection of beach outfall flows via pump station to the Bay • Consolidation and extension of beach outfalls deeper and further into the Gulf of Mexico (subaqueous outfalls) Based on a combination of design, permitting and environmental considerations, and in consideration of nearby Sarasota County's recent success in the treatment of water quality and reduction in flooding by consolidating, treating and conveying stormwater discharge offshore through a pump station to an 18-inch offshore pipeline (Erickson, 2015), the Naples City Council directed staff to pursue the subaqueous, Gulf outfall alternative. STUDY METHODOLOGY This Tourism Impact Study was conducted as required by Florida Statute 125.014(5)(a)(6)(e). Relevant sections of the statute are included here, as follows:: 6. To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or finance public facilities within the boundaries of the county or subcounty special taxing district in which the tax is levied, if the public facilities are needed to increase tourist -related business activities in the county or subcounty special district and are recommended by the county tourist development council created pursuant to paragraph (4)(e). Tax revenues may be used for any related land acquisition, land improvement, design and engineering costs, and all CITY OF NAPLES TEMPORARY PARKING other professional and related costs required to bring the public facilities into service. As used in this subparagraph, the term "public facilities" means major capital improvements that have a life expectancy of 5 or more years, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, and pedestrian facilities. Tax revenues may be used for these purposes only if the following conditions are satisfied: a. In the county fiscal year immediately preceding the fiscal year in which the tax revenues were initially used for such purposes, at least $10 million in tourist development tax revenue was received; b. The county governing board approves the use for the proposed public facilities by a vote of at least two-thirds of its membership; c. No more than 70 percent of the cost of the proposed public facilities will be paid for with tourist development tax revenues, and sources of funding for the remaining cost are identified and confirmed by the countygoverning board; d. At least 40 percent of all tourist development tax revenues collected in the county are spent to promote and advertise tourism as provided by this subsection; and City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 7of56 Page 260 of 502 e. An independent professional analysis, performed at the expense of the county tourist development council, demonstrates the positive impact of the infrastructure project on tourist -related businesses in the county. As part of this study, two site visits were conducted, the initial site visit for this study took place on May 6, 2024, with an additional site visit on May 14, 2024. In addition, numerous telephone interviews were conducted and email communications were sent and received beginning in April 2024 and taking place throughout May 2024 to engage project stakeholders and community activists to gauge the project's impacts on tourism and tourism related businesses. For example, our first in -person interview was conducted with the City of Naples Public Works Project Manager, Miguel Flores, at the City of Naples Public Works Department offices located at 295 Riverside Circle, Naples, FL 34102, and by telephone and email communication on multiple occasions during the months of April and May 2024. Mr. Flores has worked for the City of Naples on this project for over two years. Additional interview information may be found in the Communications/ Interviews sections of this study. We met and surveyed visitors from various states across the United States including Kansas, Missouri, Illinois, New York, Massachusetts, Louisiana, and California. Our stakeholders' interviews brought forth that many foreign tourists visit Naples Beach from countries like Italy, Germany, England, and Ireland, among others. All tourists interviewed stated that they believed the project would promote further tourism business and that they were happy to hear that water quality would be improved. Several indicated that awareness of this project was helpful for their future plans to return to Naples for vacation. Photos were taken within the entire project area. Additionally, we reviewed numerous reports, studies, plans, schematics, historic photos, community engagement and association -related documents in order to evaluate past project and site characteristics and resident and tourist sentiment, among other variables. We also evaluated estimates of direct and indirect economic impacts resulting from the project. Finally, we evaluated the existing conditions while considering the benefits of the project for the project area and the greater community when making final conclusions for this study. PROJECT LOCATION AND EXISTING PROJECT CONDITIONS Located at roughly 26.1566334 N and-81.8082898 W, the center point of the project area lies within the beach located adjacent to the Naples Golf and Beach Club, a Four Seasons Resort. City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 8 of 56 Page 261 of 502 As part of Florida's Paradise Coast, the City of Naples has a coastline that spans nearly nine miles.' With an impressive 40 beach accesses, a prominent highlight is the historic Naples Pier (located south of the project area), an iconic landmark that juts out 1,000-feet into the Gulf of Mexico. It not only offers a prime fishing spot but also serves as a gathering place to watch sunsets and soak in the beautiful atmosphere. Additionally, the City of Naples is blessed with two notable passes: Doctors Pass and Gordon Pass, which provide opportunities for boating, kayaking, and exploring fascinating marine life that thrives in these waters. Whether one is seeking relaxation, adventure, or a mix of both, the beaches of the City of Naples are a true treasure for residents and visitors. Specific to this project is the City of Naples North and South Drainage Basin system. These systems collect stormwater and discharges through ten (10) beach outfalls located within the intertidal beach itswash" zone. These outfalls serve the project drainage area of approximately 395 acres, as seen in the following image. Stormwater Outfalls on Naples Beach •M0.E9 - CENIEA ••$ waec O0.FE ^n ltp eEncN aw I• PVC Unfortunately, Hurricane Ian caused significant destruction within and South of the project area to the beloved Naples Pier and numerous beach accesses, including Lowdermilk Park located in the project area. The aftermath required dedicated crews of City of Naples employees to work tirelessly to clean up and repair the damages at several beach accesses.' With Collier County, Florida experiencing a 20% decline in visitors in March 2023 compared to March 2022, there are ample opportunities to increase tourism numbers, and the completion of the Naples Beach Restoration & Water Quality Improvements Project, the Naples Pier Redesign and Construction, the Miracle Mile Project and the new Naples Beach Club, a Four Seasons Resort, will help contribute 1 Naples Beach, httos://www.r)aradisecoast.com/beaches/nar)les-beach 2 City of Naples, Florida, httos://Naoles2ov.com City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 9 of 56 Page 262 of 502 to that objective and to the TDC's mission of promoting distinctive world class vacation and group meeting experiences, which result in positive economic growth and stability for Collier County.' FINISHED PROJECT AND FUTURE ACTIVITIES/ AMENITIES The project consists of the Beach Outfall Stormwater project that �II improves water quality, flood protection, and the City's resilience to climate change. After significant planning, design, and engineering work the City's beach outfall removal project is planned to begin in weCOTeOueTyNap1ea6B8c^ 2024. Stormwater quality will be improved beyond the State's e� minimum standards through a state-of-the-art stormwater treatment train. Clean stormwater will then be pumped 1,000 feet offshore via new pump stations. ® The Beach Outfall project will replace the existing gravity flow system with a mechanical pumping system that will include two (2) •L pump stations with water quality features and backup emergency generators that will pump treated stormwater 1,500 feet into the Gulf of Mexico thereby eliminating the need for the eight (8) existing beach outfall pipes. This project exceeds FDEP's directive to improve stormwater quality, reduce beach erosion, protect environmental species, and remove large, unsightly, and obstructive stormwater pipes from the beautiful beaches of Naples. The project area is situated along Naples Beach. The existing outfalls show signs of deteriorating and unsafe infrastructure, poor water quality and extreme flooding during rain events at numerous points within the project area. In addition to the outfalls being unappealing to tourists, residents and the general public, the existing conditions may be considered unsafe or hazardous for visiting pedestrians. The proposed Naples Beach Restoration & Water Quality Improvements Project would complement Naples Beach providing an upgraded natural pedestrian amenity for visiting tourists and local residents alike.' Please see Appendix A for details on the City of Naples Beach Restoration and Water Quality Improvement Project (Beach Outfall Removal) project updates presented to the Naples City Council on April 3, 2024. Once completed, the Naples Beach Restoration & Water Quality Improvements Project would complement the nearby Naples Pier redesign and construction project, the Miracle Mile project and Naples Beach Club/a Four Seasons Resort development projects and improvements. These 3 Tourist Development Council, https://www.colliercountvfl.2ov/government/advisory-boards-and-authorities/tourist-development-council ' City of Naples, Collier County Tourist Development Council Category "A" Grant Application City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 10 of 56 Page 263 of 502 improvements offer tourists, residents and members of the general public with improved water quality, flood mitigation, safe, visually appealing, and a charming natural beachfront. Naples Beach offers a wide variety of activities that are fun for the whole family, like shelling and birdwatching, kayaking, swimming, cycling, tours, among many other activities. In addition to outdoor activities, Naples Beach is close to the popular upscale 5th Avenue shopping, entertainment and dining establishments as well as the Coastland Center Shopping Mall and the Naples Zoo.. The tourism industry is responsible for over 38,500 jobs in Collier County, with over two million visitors in 2018 spent over $1.5 billion dollars, resulting in a total economic impact of over $2.1 billion to Collier County.' These improvements will have a positive impact on visitation, resulting in a boost to the local economy from additional tourism spending. The improvements from the Naples Beach Restoration & Water Quality Improvements Project will make the area a more attractive and desirable vacation destination, thus boosting visitors and generating additional revenue for the community. With recent data showing a 15% increase in year -over -year visitation and direct spending in November 2023 compared to November 2022, Collier County tourism is bouncing back from the negative impacts of Hurricane Ian, and these project improvements will increase the overall marketability of Naples, in turn increasing tourism and tourist -related business. With ample opportunities to continue to increase tourism numbers, the completion of the Naples Beach Restoration & Water Quality Improvements Project, the Naples Pier Redesign and Construction, the Miracle Mile Project and the new Naples Beach Club, a Four Seasons Resort, will help contribute to that objective and to the TDC's mission of promoting distinctive world class vacation and group meeting experiences, which result in positive economic growth and stability for Collier County.' Local residents benefit from the tourism industry through enhanced amenities in the community and through tax savings. Specifically, tourist development taxes pay for extensive beach renourishment, inlet management and beach park facilities programs in Collier County, among other important programs. Additionally, foot traffic should not present any negative impacts during the short construction schedule, nor should construction negatively impact tourism or commercial bookings in an adverse way. Stormwater Project Benefits Include: 4 Collier County Tourist Development Council, httr)s://www.coII iercountvfl.2ov/eovernment/advisory-boards-and-authorities/tourist-development-council s https://www.colIiercountvfl.gov/eovernment/advisory-boards-and-authorities/tourist-development-council City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 11 of 56 Page 264 of 502 • Removing all (8) City Stormwater Beach Outfall Pipes from the Naples Beaches o North Basin Outfalls (To be Removed): ■ #2 (2) 30" PVC at 122 LF located directly east of the NBC (To be removed by the NBC noted in the Infrastructure Agreement) ■ #3 (1) 18" PVC LF not disclosed located off 8th Ave. N. ■ #4 (1) 24" PVC at 150 LF located off 7th Ave N. o South Basin Outfalls (To be Removed): ■ #6 (2) 30" PVC at 179 LF located between 525/455 GSBN. (Alligator Lake Outfall/Rebuild Only) ■ #7 (1) 24" PVC at 165 LF located off 3rd Ave. N. ■ #8 (1) 30" PVC at 193 LF located off 1st Ave. N. ■ #9 (1) 18" PVC at 173 LF located off 1st Ave. S. ■ #10 (1) 18" PVC at 168 LF located off 2nd Ave. S. • Improve Water Quality that exceeds the State's Minimum Standards • Provide Flood Protection • Increase the City's Resilience to Climate Change within the work area of GSBN • Increase the Storm Event level of Service from a 5-year storm event to a 25-year storm event SITE VISITS, COMMUNICATIC® AN INTERVIEWS Site visits, email communications and telephone and in -person interviews were conducted throughout April and May, 2024. Communications and/or interviews were conducted with community and project stakeholders. Communications and/or interviews were made with, but not limited to, the following individuals: 1. Miguel Flores Project Manager, Public Works Department, City of Naples Interview and/or Communications: April 16, 17, 18, and 30, 2024; May 3, 5, 6, and 7, 8, 9, 10, 13, 14, 15, 16, 17, 2024 2. Mary Hayes Committee Chair, The Naples Miracle Mile Project Interview and/or Communications: May 7, 10, 13, 2024 3. Laura Radler General Manager, Edgewater Beach Hotel and Downtown Capri Hotel Interview and/or Communications: May 7, 8, 14, 2024 City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 12of56 Page 265 of 502 4. Jay Newman Chief Operating Officer, Athens Development, Naples Beach Club/a Four Seasons Resort Interview and/or Communications: May 7, 9, 13, 14, 2024 5. Michael Stratton Director of Construction, Athens Development, Naples Beach Club/a Four Seasons Resort Interview and/or Communications: May 7, 9, 13, 14, 2024 6. Sloan Nagy Director, Business & Economic Research, Greater Naples Chamber Interview and/or Communications: May 3, 7, 8, 13, 14, 2024 7. James Bono Owner/Concessionaire, Flip Flops Beach Grill and Concessions at Lowdermilk Park Interview and/or Communications: May 8, 13, 2024 8. Robin King Director of Community Relations/Communications/Naples Airport Authority Interview and/or Communications: May 10, 2024 9. Brandon & Kyle Trike Tours USA Interview and/or Communications: May 10, 2024 10. Chad Merritt Director, City of Naples Parks, Recreation & Facilities Department Interview and/or Communications: May 13, 15, 16, 2024 11. Lisa M. Douglass City of Naples, Billing and Collections Manager, Parking & Finance Department Interview and/or Communications: May 10, 13, 14, 2024 12. Stefan Massol Deputy Finance Director, Finance Department, City of Naples Interview and/or Communications: May 13, 15, 16, 2024 13. Brandon Williamson Lowdermilk Park Beach Concessions Interview and/or Communications: May 14, 2024 14. Corbin Cartwright Lowdermilk Park Beach Concessions Interview and/or Communications: May 14, 2024 City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 13 of 56 Page 266 of 502 15. Mark Flint Beach Patrol, City of Naples Interview and/or Communications: May 14, 2024 16. Maegan Evans President, Coquina Sands Association Interview and/or Communications: May 13, 2024 17. Sarah Harrington Program Manager, Collier County Economic Development Office Interview and/or Communications: May 8, 15, 16, 2024 18. Kristina Park CEO, Naples Chamber of Commerce Interview and/or Communications: May 8, 10, 13, 14, 15, 2024 19. Doug Stewart President, Gulf Shore Property Owners Association Interview and/or Communications: May 10, 16, 2024 20. Tim Tetzlaff Naples Zoo, Director of Conservation Interview and/or Communications: May 10, 2024 21. Courtney Jolly Naples Zoo, Director of Marketing and Public Relations Interview and/or Communications: May 10, 16, 17, 18 2024 22. Coastland Center Public Relations Team for BP Retail Interview and/or Communications: May 18, 2024 City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 14 of 56 Page 267 of 502 FUTURE PLANS ALONG NAPLES BEACH NEAR THE PROJECT AREA NAPLES PIER REDESIGN & CONSTRUCTION PROJECT (Located South of Project Basin Areas) The Naples Pier (located immediately South of the project area) is an iconic landmark in Naples that was originally built in 1888. Since this time, the pier has been rebuilt after hurricanes in 1910, 1926, 1944, and 1960. In 2015 the pier was reconstructed, and then soon after in 2017 Hurricane Irma damaged the structure. and baggage in the early 1900's, Part of Ilie Since then, the City of Naples has been st"c"rc as well as the POst Office located on the plin, was razed bly fire In 1922. Rebullt working to extend the life of the pilings by by hurrIcarLes in after damage and ..the installing modern pile jackets. The current area's history. pilings have been in place since the 90's and are showing signs of age. The Naples Pier is visited by over one million visitors annually. Visitors come to fish, socialize, view wildlife, use the concession, exercise, and a variety of other activities. Before the recent damage, the l� City of Naples was testing a pilot program that prohibited fishing on Sundays in efforts to reduce Brown Pelican injuries and to allow a chance for non -fishermen to use the pier without conflicting fishing activities. M - In September 2022, Hurricane Ian caused catastrophic damage to the Naples Pier. Approximately 460 feet of the pier was damaged significantly, with about 140 feet of the end sitting at the bottom of the Gulf. The shelter at the end of the pier and over 30+ pilings make up the 140 feet of pier that is missing, with the concession, shelter, and storage structures located at the midpoint of the pier being completely "gutted" by the waves. Additionally, wave energy lifted the framing and decking at the public shower area. 1VH "l NOVA CFukn Al TERRKJUhUi To that end, the City of Naples has decided to replace the pier with a new pier structure based on modern insights and practices meeting the current federal, state, and local standards and criteria for design and construction. The project's scope of work includes a conceptual design process with analysis of alternatives. Steps shall be taken during the design development process of the replacement structure to minimize the effect of the new pier structure to the adjacent shorelines by reducing the number of piles and increasing the spacing between piles. City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 15 of 56 Page 268 of 502 The Naples Pier is anticipated to continue to be a landmark structure with unique architectural features that gives it an iconic flare. During this rebuild, the City of Naples is seeking to pursue mitigation opportunities with the design and provide an improved structure that has more versatility regarding its users. Current timeline of project: • September 28, 2022 - Hurricane Ian caused catastrophic damage to the Naples Pier. 30+ pilings collapsed, approximately 50% of the pier is missing, and all but 100ft is unusable. • October 18, 2022 - Engineers assessed the damage to the Naples Pier and started putting together a report to present. They also worked to determine how much of the pier we could open to the public. • November 9, 2022 - Naples Pier reopened, limited to the area approved by the engineer. Engineers provided a letter approving the current portion open, to open. • November 30, 2022 - Received the Army Corps Engineers permit. • December 7, 2023 - Damage assessment presented to City Council, with options. Rebuild was determined to be the best option. • January 9, 2023 - RFP was posted/advertised for the Naples Pier Design. • February 3, 2023 - RFP due date, which resulted in 3 companies submitting. • February 28, 2023 - Evaluation Committee met; it was determined to proceed to presentations due to the high quality of the submissions. • March 13, 2023 - Presentations were made by 2 of 3 firms, the other firm withdrew. The Evaluation Committee selected THA as the firm to recommend to the City Council. • April 19, 2023 - City Council approved to pursue a contract with Turrell, Hall & Associates (THA) for the Naples Pier Design. • June 7, 2023 - The Naples Pier conceptual (30% Plans) was presented to City Council, and City Council selected Option 1 for the design of the pier. • August 16, 2023 - Naples Pier Update to City Council. Due to Federal and State permitting guidelines, it was determined Option 2 was the only attainable design. • October 16, 2023 - The Naples Pier 90% Design Plans were approved by City Council. • March 5, 2024 - The Naples Pier Project opened for construction bids and remained open for 60 days, with the next step being selection of a construction firm for the construction phase of the project. City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 16of56 Page 269 of 502 THE NAPLES MIRACLE MILE PROJECT The Miracle Mile project is a resident -led initiative started a year ago after the destruction of Hurricane Ian. It is a collaboration of residents and developers along the boulevard, Lowdermilk Park, neighborhood community associations, the Edgewater Hotel, and the Naples Beach Club, the future home of the Four i +• ��, Ni Or 6 OWN, 1 O 1 �r IIIease Seasons Hotel. It is the stretch of Gulf Shore Boulevard North (GSBN) that runs from the Naples Beach Club to the Mooring Line Drive Bridge. This stretch of GSBN serves as a gateway to the entire city where many residents and tourists bike and walk along our beautiful beaches. The mission of the Miracle Mile project is to engage stakeholders in a collaborative approach to redevelop a key area in the city in a thoughtful and coordinated manner. The plan is to create and implement a streetscape that includes the following: 1. Retains and builds upon the unique character of Naples. 2. Implements improvements to resiliency/stormwater and underground utilities while remaining environmentally responsible. 3. Creates a cohesive and beautiful landscape in the public realm that residents value while enhancing the neighborhood and city. More Than 90% of residents ranked the following as the ten most important features:6 • Underground utilities • Sidewalks • Traffic density • Low building heights • Lush landscaping on private property • Stormwater flooding on the road • Views to the gulf and bay • Building setbacks • Pedestrian crosswalks • Green space • Verdant landscaping on public property NAPLES BEACH CLUB, A FOUR SEASONS RESORT The Naples Beach Club, A Four Seasons Resort is a world class resort that consists of 216 hotel rooms, 4 food and beverage outlets and campus of amenities. Construction is estimated to generate over 500 direct and indirect jobs including prime and subcontractors, trades, suppliers and vendors. Upon 6 Source: Mary Hayes City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 17 of 56 Page 270 of 502 completion of the resort it is estimated that the Beach Club will generate in excess of 500 full time employees. Total construction and development costs are estimated at $1.5 - 2.0 Billion Dollars. Planning, a Commitment to the Watkins Legacy Through extensive research - including numerous meetings with the Watkins family, neighbors, and stakeholders in the Naples community - The Athens Group (the Developer of Naples Beach Club, a Four Seasons Resort) embraced a number of the existing resort's beloved features as the foundational core of its proposed plan, including: • Maintaining the family's tradition of hospitality by the inclusion of a 216-room luxury hotel; • Preserving in perpetuity 104 acres of the property's 125 acres as recreation and open space; and • Maintaining the tradition of the Sunset Beach Bar and HB's on the Gulf as gathering places for guests of all ages throughout the year. Environmental Planning and Sustainability According to the Naples Beach Club website the Athens Group has a history of environmentally responsible and sustainable development practices. Bringing their award -winning approach to the Naples Beach Club, a Four Seasons Resort, Athens intends to create a resort that embraces the natural attributes of this unique beachfront setting. As part of this history, Athens will grant a restrictive easement on 104 acres of the property that requires this area to remain recreation and open space in perpetuity. In addition, 70 acres of the 104 acres of recreation and open space will remain as permeable open space in order for the entire City to receive preferential flood insurance premiums. Gulf Shore Garden The Gulf Shore Garden plan will transform the section of Gulf Shore Boulevard North that bisects the property into a lushly landscaped corridor that will further beautify this section of the City. In addition City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 18 of 56 Page 271 of 502 to landscaping and sidewalks, the plan preserves existing bike lanes and enhances the street to improve pedestrian safety, including a reduction in crossing points, a landscaped center pedestrian median, and an improved pedestrian "Coconut Connector" crossing with added safety features, including lighting. Project Entitlements The Athens Group has received the required City of Naples discretionary entitlements from the Planning Advisory Board and the City Council for the development of the Naples Beach Club, a Four Seasons Resort. The Athens Group continues to process the required development and building permits to ensure the property's responsible development. The City of Naples has a multi -step review and approval process that includes City planning staff and many City departments, such as Streets and Stormwater, FEMA and Naples Fire -Rescue, as well as the Design Review Board, the Planning Advisory Board, and the Naples City Council. In addition, key components of the project have _ been and will be thoroughly reviewed and approved by the state, such as its stormwater runoff and water quality plans. i There is a tremendous amount of project activity in the basin areas. Each of the aforementioned projects and their associated businesses will attract tourism to the Beach Restoration & Water Quality Improvements Project area and associated North and South Basins. The completion of these projects that are currently underway should enhance the marketability of the beach, the City of Naples and the region. Each of these projects appear to be compatible and complementary to each other, sure to drive revenue to the local economy while attracting additional tourism and associated business to the area. LOCAL BUSINESSES IN THE PROJECT AREA LOWDERMILK PARK Lowdermilk Park is one of Naples' premier beachfront parks. Lowdermilk park has parking spaces, sand volleyball courts, one children's playground, two gazebos, picnic tables, benches, restroom and shower facilities, two gazebos for rent, and ADA beach access mats. Lowdermilk park offers event rental including corporate events, birthdays, weddings and family reunions, among others. Lowdermilk has 213 paid revenue generating parking spaces. Lowdermilk park has recently City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 19of56 Page 272 of 502 undergone tremendous renovations following Hurricane Ian. Construction and repairs included but not limited to new decking, walls, equipment, electrical, HVAC system, showers, restrooms and the concession areas. In addition the City Naples Lowdermilk Park Landscaping, Irrigation and Median Restoration Project which has an estimated construction cost of $318,459.09 and the FEMA-reimbursable repair costs from Hurricane Ian renovations total roughly $212,000. As part of this study we interviewed the City of Naples Parks Department and the Committee Chair for The Naples Miracle Mile Project who both verified the vast number of tourists that use the Lowdermilk park, parking and concessions amenities. Both were supportive of the project and felt strongly that the outfall removal project, associated water quality improvements and flood control aspects would enhance and promote tourism in the project area. FLIP FLOPS BEACH GRILL The Flip Flops Beach Grill and Lowdermilk Park concession stand is located beach side in the middle of the park. Service sausage, includes: hamburgers, hot dogs, e, sandwiches, salads, ILL - coffee, g g g sodas, and sundries. Beach umbrellas, kayaks, chairs, cabanas, wheelchairs and other items are also available for rental at the concession stand. In our discussion with the Owner/Concessionaire and staff members of Flip Flop Beach Grill and Concessions they indicated that they felt the Beach YSr�q-ppms Outfall project would benefit the area businesses with increased tourists and the overall marketability of Naples Beach. In our discussion with the City of Naples Parks Department the concessions area at Lowdermilk recently underwent renovations post Hurricane Ian. Repairs and improvements included decking, walls, equipment, electrical, HVAC system, showers, restrooms and the concession areas. To date the City of Naples has identified FEMA-reimbursable repair costs from Hurricane Ian totaling roughly $212,000. This number does not include costs related to landscaping and irrigation repairs for the park. As mentioned previously the total cost for the landscaping, irrigation and median restoration at Lowdermilk has an estimated construction cost of $318,459.09. NAPLES PIER (Located South of Project Basin Areas) The historic Naples Pier is located on the Gulf of Mexico at the west end of 12th Avenue South. While the pier is not located within the basin area it is located in the immediate project vicinity. The Naples Pier is a favorite location for visiting tourists and sightseers. The Pier features restrooms, showers, City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 20 of 56 Page 273 of 502 ADA beach access mat, and a concession stand with covered eating area and beach supplies. Due to damage from Hurricane Ian, only a portion of the pier is open to the public, and no fishing is currently allowed on the pier at this time. The Concession area is also currently closed, though the Naples Pier itself is open daily 24 hours, 7 days a week, 365 days per year. Parking at the Pier: Parking for beach access in the City of Naples requires the resident or visitor to have a beach parking permit or pay -by -space. This is enforced year round pm - 5:00 am.' . The pier parking lot is closed from 11:00 During our site visit to the Naples Pier and along the beach we interviewed several visiting tourists who indicated that they were pleased to hear that the Outfalls were being removed and that they felt positive about the opportunity to return to Naples Beach in the future knowing that water quality would be improved and the large diameter pipes would be removed. We witnessed more than one tour group located at the Pier and the parking facilities across the street from the pier. NAPLES BEACH CLUB, A FOUR SEASONS RESORT Open for nearly 75 years, the Naples Beach Hotel & Golf Club guests enjoyed the Gulf of. Mexico's morning breezes and majestic,,,, •. �� ; sunsets along an expansive white sand ► stretch of beachfront in the heart of Naples.;" ;� •i` The Athens Group, a world -class developer max: k ..: ° #o • �• . and curator of authentic destination resorts GO L 5 DE REST DENCES. •`4 ::�i' ::i .✓♦ -:` and residences, has envisioned a IESIIEIIES MARKET �' ' • ` : _ �._«' soaRE' ,.,r•,. redevelopment plan that continues the property's hospitality tradition and improvesjob the resort's golf course and beach bar, while .t=� thoughtfully planning the future of this INaples Beach Club ova]lSilt Plan (xoWASP Oemberwais,nnssroNARTNo special place for generations to come. As part of Athens' redevelopment of this storied property, the resort will be renamed the Naples Beach Club, a Four Seasons Resort. This coveted address of approximately 150 residences within a 125-acre walkable coastal village: • 1,000+ feet of beachfront • 216-room Four Seasons Hotel • Private Residents' Club and amenities ' Source: naplesgov.com City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 21 of 56 Page 274 of 502 • 18-hole Fazio -designed golf course • Market Square town center • Spa and wellbeing center • Racquet sports • Destination dining Market Square at the Beach Club will boast a vibrant town center, which will be open to owners, hotel guests and local residents.' • General Store boutique market with beer & wine, grab -and -go foods and sundries • Market Square Bar & Grill with game room & 3-lane bowling alley • "Kids For All Seasons" kids' club • Indoor movie screenings • Gathering spaces with firepits • Lawn recreation EDGEWATER BEACH HOTEL The Edgewater Beach Hotel is an all -suite beachfront hotel featuring over 100 elegantly appointed accommodations. Each of the Hotels spacious suites blend resort -style amenities with the comforts of home. The hotel's accommodations boast beautiful views of the sugar -white sand beach and the Gulf of Mexico or the City of Naples. The Edgewater Hotel boasts an average of about 70,000 guests per year. The hotel has approximately 120 employees and hosts an estimated thirty (30) events throughout the year; ranging from a combination of weddings, meetings, and business conferences. As part of this Tourism Impact Study we spoke with leadership from the Edgewater Hotel who expressed their support for the project stating that water quality and ■F r'�"'—' flooding were their personal priorities as oa • _ m 1.�'1?'�s..�i related to the overall project. They stated further that hotel employees have experienced first hand issues during rain and storm events and their ability to access work due to stormwater flooding in the project �—� v area. Finally, from a personal level the Hotel representative stated that when they take their family to the beach they avoid the outfall areas due to water quality issues and simply not knowing what is coming from the large diameter outfalls located along the beach. Photo Credit:httos://www.opoicollection.com/ s Source: https://naplesbeachclub.com/ City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 22 of 56 Page 275 of 502 VACATION RENTALS There are dozens of vacation rentals 550° m Sea, hwhe°'m°°emaP + within the entire project area as can be seen in the images below. These properties generate millions of dollars in annual revenue to private landowners c �" who pay property tax within the City of Naples and Collier County. These heads in beds are visiting tourists that use the beaches, restaurants, grocery stores and other amenities that can be N - --- --- found in the Naples Beach area within and near the project limits. Vacation rentals attract tourists and visitors, generating direct revenue for the City and County as well as drive traffic to the beaches and revenue for local businesses when tourists spend money at local retail, shops, and institutions. Short-term rentals bring in tourism dollars that support natural amenities like parks and beaches, local businesses such as restaurants, shops, and activity providers. They also create jobs for cleaning crews, property managers, landscapers and other service providers in the area. The following is an abbreviated list of how vacation rentals benefit local communities: • Driving economic and tax benefits. • Helping homeowners earn extra income. • Creating and supporting good jobs. • Supporting and increasing traffic to small businesses. • Spread the benefits of tourism. As part of this Independent Study we identified numerous vacation rental providers whose listings contained descriptions of proximity to Naples Beach as part of their advertising of the property. The beach improvements from the Naples Beach Restoration & Water Quality Improvements Project are likely to lead to additional tourists visiting the beach area. With this additional tourist activity will come additional revenue for resident homeowners renting their properties, as well as the City of Naples and Collier County, Florida.' City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 23 of 56 Page 276 of 502 PRIVATE TOURS & TOUR COMPANIES Regular tours can be seen taking place daily along Naples Beach. From Segways to bicycles, trikes, electric mopeds, scooters and more. These tours appear to be a perfect way for tourists to tour the city for riders of all ages. The customizable tours seem to be a comfortable way for both kids and adults to enjoy the tours making it a true family friendly activity. These tours appear to be a fun way for people of all ages to try something new while getting to tour the city accompanied by one of the tour company's local guides. The local tour company's pride themselves on knowledgeable local guides who are experts on the area and are sure to give tourists the best tour of the city. These local guides have a proven track record of providing tourists a glimpse of the hidden gems amongst the iconic sights the city has to offer. Ask questions, get recommendations, and truly get a feel for what the City of Naples has to offer. As part of this study we spoke with one tour company who favored the Beach Outfall Removal Project and indicated the project would be a benefit to their tourism related business. Because this project will help alleviate flooding in the area, the local tour company and other local businesses could be able to operate more hours and days and provide more services that they would otherwise be unable to do without the flood mitigation that will result from the project's completion. Overall, tourism will be positively impacted because visitors will have increased access to the area and anticipated revenue generated based on these activities. REGIONAL ECONOMIC ENGINE NAPLES MUNICIPAL AIRPORT (Located Outside of Project Area) Connecting people to the Paradise Coast of Naples Beach, Marco Island and the Everglades through an exceptional airport experience, Naples Airport (APF) accommodates more than 100,000 general aviation takeoffs and landings each year. Minutes from the Gulf of Mexico, downtown Naples, Naples Beach and 1-75, the airport provides friendly services focused on the needs of pilots and passengers, including U.S. Customs clearing for international arrivals. The airport is also home to sightseeing tours, air charter operators, flight schools and other businesses here to meet the needs of its clientele. Information obtained from the Naples Airport Authority shows that while overall travel activity has only grown modestly, the Naples Airport has seen an increase in jet activity, particularly since the onset of the COVID-19 pandemic. The COVID-19 pandemic caused a worldwide increase in the demand for private air travel. This change in consumer patterns coupled with Naples' demographics, City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 24 of 56 Page 277 of 502 high end development and the airline's struggles in recovering from the pandemic is expected to drive demand for private air travel for the foreseeable future. Over 360 aircraft call the airport home. 80% of the clientele of NAA own homes in Naples signifying that roughly 20% of travel through Naples Airport Authority could potentially be from business and tourism related travel to the region. An interview was conducted with leadership from the Naples Airport Authority and follow up communications were received from the Authority indicating that since the Naples Airport isn't involved in promoting tourism - and that the majority of their clientele are homeowners - the Authority doesn't have a strong statement on behalf of tourism. The Airport Authority was kind enough to provide details of their operation, certain statistics, and their most recent annual report and other FAQs. As part of this Independent Tourism Impact Study we appreciated the opportunity to speak with leadership from the Airport. We recognize that the Airport is one of the region's economic engines and a gateway for visitors entering Naples, its beaches, neighborhoods and Greater Collier County and Southwest Florida. PARKING AT NAPLES BEACH (PROJECT AREA) The City of Naples currently has approximately 1,039 parking spaces within the project area. Of those spaces approximately 642 are Visitor Paid revenue generating parking spots and 397 are Resident Only spots. The two paid, revenue generating parking areas within the project basin areas and the past twelve months of revenue from 5/13/2023 to 5/13/2024 are as follows: • 81h Ave N- $35,589.67 • Lowdermilk Park- $892,537.84 Nearly $1M in annual non-resident visitor paid revenue generating parking spots was created in the past twelve months. Reduction in flooding should contribute to more non resident visitor paid revenue in the future due to accessibility alone. Increased use of non resident visitor paid parking based on Improved water quality and marketability of outfall free beaches could be anticipated. Below is a list of the Beach Parking Visitor Paid and Resident Only parking spaces by Street within the project basin areas: Visitor Paid /Resident Visitor Paid Visitor Paid Visitor Paid Visitor Paid Visitor Paid Visitor Paid Visitor Paid Beach End/Location # of Parking Spaces Seagate 26 Horizon Way 38 Vedado 39 Via Miramar 41 Lowdermilk 213 8th Ave N 21 Sth Ave S 20 City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 25 of 56 Page 278 of 502 Visitor Paid Visitor Paid Visitor Paid Visitor Paid Visitor Paid Visitor Paid Visitor Paid Resident Only Resident Only Resident Only Resident Only Resident Only Resident Only Resident Only Resident Only Resident Only Resident Only Resident Only Resident Only Resident Only Resident Only Resident Only Resident Only Resident Only Resident Only Resident Only Resident Only Resident Only Resident Only Resident Only Resident Only 8th Ave S 12 Broad Ave-100 Block 29 Broad Ave 200 Block 26 The Pier 117 13th Ave S 21 13th Ave S-100 Block 9 14th Ave S 30 7th Ave N 13 North Lake Dr 39 6th Ave North 10 4th Ave N 15 3 rd Ave N 14 2nd Ave N 16 1st Ave N 17 Central Ave 12 1st Ave S 15 2nd Ave S 11 3 rd Ave S 14 4th Ave S 15 6th Ave S 12 7th Ave S 16 9th Ave S 15 10th Ave S 15 11th Ave S 13 Broad Ave S 21 15th Ave S 17 16th Ave S 30 17th Ave S 10 18th Ave S 25 33rd Ave S 17 32nd Ave S 15 1039 PLANNED CONSTRUCTION SPENDING AT PROJECT SITE City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 26 of 56 Page 279 of 502 On June 21, 2023, the City entered into a Construction Manager at Risk (CMAR) agreement with a contractor to provide an initial phase of the CMAR to provide a Guaranteed Maximum Price (GMP) then move to the construction phase. The GPM came back at $86 million which does not include the $11 million expenditures made to date including $4.4 million directly attributable to the beach outfall removal, beach protection, and water quality aspect of the project. The $4.4 spent to date coupled with $28.2 included in the pending GMP results in an estimated $32.6 million applicable to the beach outfall removal, beach protection, and water quality aspect of the project. The City of Naples has obtained $25 million from the State Legislature during the 2024 legislative session as a Line -Item Appropriation awaiting the Governor's approval. If the portion of the State's funding to this portion of the overall project was prorated, it could result in an allocation of the State's pending $25 million award of 38% or $9.5 million for the applicable portion of the project consistent with this TDC request. ECONOMIC IMPACTS OF CONSTRUCTION SPENDING It is estimated that the Naples Beach Restoration and Water Quality Improvement Project is anticipated to employ and create forty-five (45) direct (prime contractor and staff) construction jobs and over sixty (60) indirect (subs, trades, suppliers) construction jobs. The bidding of this work will take place using standard City contracts and procurement methods. ADDITIONAL IMPACTS Projects such as the Naples Beach Restoration and Water Quality Improvement Project can produce additional economic impacts, as well as broader social and community benefits. In addition to the positive economic impacts of project construction, further revenue may be generated from spending by both residents and visitors. INFRASTRUCTURE SPENDING Infrastructure spending includes expenditures associated with construction facilities, materials, labor, and equipment. It is important to note that the economic impacts that arise from infrastructure spending can be significant. EMPLOYMENT AND PERSONAL SPENDING BY NON-RESIDENT LABOR While working in Naples Beach, non-residents may spend a portion of their salaries and wages while working on the project. This spending may include meals, lodging, fuel, entertainment, hardware, supplies, recreational activities or other personal purchases. City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 27 of 56 Page 280 of 502 It is worth noting that construction projects can also generate additional economic, community and social benefits. These may include the creation of opportunities for trainees or interns, the development of business partnerships, the creation of spin-off projects and contributions to the overall aesthetics, safety, security and walkability to an area. The Naples Beach Restoration & Water Quality Improvements Project is anticipated to employ and create forty-five (45) direct (prime contractor and staff) construction jobs and over sixty (60) indirect (subs, trades, suppliers) construction jobs. The project is estimated to have a duration of approximately 24 months. WALK SCORE AND BIKE SCORE An area's Walk Score or Walkability measures the walkability of an address based on the distance to nearby places and pedestrian friendliness. Factors influencing walkability include the presence and/ or absence in quality of footpaths, sidewalks or other pedestrian right-of-ways. Walk Score for the City of Naples: The Naples Beach Restoration & Water Quality Improvements Project Site is located in the City of Naples, Florida, which has an average Walk Score of 35 out of 100 and has 19,537 residents.10 Photo Credit: Exporenaples.com Similarly, an area's Bike Score measures the suitability of an area for biking based on bike lanes and trails, hills, road connectivity, and destinations. Accordingly, Naples has an average Bike Score of 45 out of 100. Photo Credit: Naplesnews.com Existing beach outfall structures have been determined to have an impact on lateral beach access. As a result of the beach outfall removal project it could be determined that walk scores may be positively impacted. Furthermore, with the ongoing projects in the area like the Miracle Mile project, the Naples Pier and the Naples Beach Club, once completed the entire basin should be more walkable and bikeable for residents and visitors alike, given the improved conditions and alleviation of flooding that will result from the project. " Living in Naples, https://www.walkscore.com/FL/Naples City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 28 of 56 Page 281 of 502 ENVIRONMENTAL IMPACT Stormwater project environmental benefits include the removal of eight (8) City Stormwater Beach OutFall Pipes from the Naples Beaches, which will improve water quality that exceeds the state's minimum standards, provide flood protection, increase the City's resilience to climate change within the work area of GSBN, and increase the Storm Event Level of Service from a 5-year storm event to a 25-year storm event. Furthermore, it has been stated that the existing beach outFalls adversely impact beach erosion, lateral beach access, sea turtle nesting habitats, water quality and beach aesthetics. In addition, the City has experienced significant flooding of streets and other public and private infrastructure during high frequency rainfall events. City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 29 of 56 Page 282 of 502 CONCLUSION AND RECOMMENDATIONS POSITIVE IMPACT ON TOURIST ACTIVITIES The Naples Beach Restoration & Water Quality Improvement Project is anticipated to generate positive economic activity for the City of Naples. These improvements will have a positive impact on visitation to the project area, beaches and parks within the City of Naples and Collier County, Florida. We anticipate that this project along with the other projects mentioned in this study that are currently taking place as well as those planned will be complementary to each other and the entire project area resulting in a boost to the local Naples economy from additional tourism spending. Existing pedestrian traffic should not present any negative impacts during the construction schedule, nor will construction activities affect tourism or commercial bookings (lodging, vacation rentals, tours or events) in an adverse way. Once completed the water quality, flood control and resiliency project is anticipated to promote the marketability of the area and attract more foot traffic to City Beaches, parks, roads and sidewalks within the project area. The construction phase of the Beach Outfall Removal project is expected to have minimal impact on tourism. Maintenance of Traffic (MOT) plans along with sequencing and phasing will take place during construction to minimize any impacts on residential traffic and local businesses. In our discussions with stakeholders, of utmost importance was the water quality issue associated with stormwater, followed by flooding during rain and hurricanes and the aesthetics of the unsightly, unsafe and deteriorating outfalls. Many surveyed indicated that they do not take their families to sit near the outfalls along the beach because they do not know what is coming out of the outfalls. The removal of the outfalls will indeed remedy that concern and should attract more beach goers within the project area. Furthermore, lateral beach access and turtle nesting impacts have also come up in discussions with stakeholders, and that issue will also be addressed by the beach outfall removal. Our findings support that improving water quality, providing flood protection, and increased resiliency will promote tourism in the future. Each of these factors was found to also have the potential to dramatically increase the marketability of Naples and Collier County for future visitors seeking a clean, safe and aesthetically pleasing Naples Beach. Each and every stakeholder or individual we communicated with on behalf of this independent study was in support of improved water quality and flood protection and each expressed support and concurred that these would be a benefit to tourism related business in the area. City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 30 of 56 Page 283 of 502 Moreover, with the most recent data11 showing record tourism numbers in Florida for the first quarter of 2024, the completion of the Naples Beach Restoration & Water Quality Improvements Project is anticipated to help contribute to tourism -related business and positive economic growth and stability for Collier County as more and more visitors come to the region. The City of Naples has repeatedly advocated for improving water quality and preventing flooding during heavy rain events. We strongly concur that pristine and safe beaches are critical to the economy of Collier County, as is clean water. Furthermore, Red Tide are events that the City of Naples anticipates the Naples Beach Restoration & Water Quality Project will help to minimize in the future, leading to a more robust tourism economy and appreciating property values which are so critical to funding high -quality services provided by the City and County to its residents. In conclusion, it is our professional opinion that the Naples Beach Restoration & Water Quality Improvements Project will have a positive impact on tourism and tourist related business activities in the City of Naples and Collier County, Florida. " Governor Ron DeSantis announces record breaking tourism numbers. (2024, May 16). httr)s://www.flgov.com/2024/05/16/governor-ron-desantis-announces-record-breaking-tourism-numbers/#:—:text=The%20total%20visitatio n%20for%200 La nd%20CEO%20of%20V I SIT%20F LORI DA. City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 31 of 56 Page 284 of 502 City of Naples Beach Restoration and Water Quality Improvement Project (Beach Outfall Removal) City Council Meeting April 3, 2024 14 4aE�w J.Fii` ;ram d% i I. r Project Overview 0 Pro 'ect Inception October 19, 2009: City staff be n working with C.I�ler County and FDEP to develop and identify funding sources for a mandated long-range management plan to remove the Beach Outfalls. 0 A Resolutlon (12-13028) was made amending the Clty's Master Plan to satls the FDEP permlt condl[ian requldng the removal of the Beach Outfa Is on January IS, 2012. 0 The City selected AECOM to evaluate and develop management alternatives for the Beach Outfalls on May 16, 2012. 0 The City selected Erickson Consulting Engineers IECE) to provide professional engineering services associated witfftt improvinHg flooding, water quality erosion and environmental for the Beach Outfall project on August 1 , 2015. 0 Approved a 1'� Amendment with ECE on November 16 2016to conduct a Technical Analysis assessinggthe feasibility of and provide a 30% Design to Dnsolidate the (9) outfalls to a stormwater pump station. 0 Approved the 2"d Amendment on June 12, 2019 wjth ECE to provide a Feasibility/Alternative Assessment from SGD to 2 Ave. S. and 60% Design Rewew for the North/South Drainage and Treatment Train. 0 City Council approved the 31 Amendment on June 17o12020 with ECE to provide a supplemental report to evaluate the project structure to consolidate and discharge stormwater flow from sub -basins 2-10 and Water Quality Report. 0 Amendment 4 was approved on November4, 2020to provide project structure alternatives for the North/South Drainage and Treatment Systems. U Overview (Continue) D Amendment 5 was approved on November 19°h 2021 for ECE to provide site layout/generator for access and Infrastructure for ' both PS/HDD. U City Council approved Amendment 6 on December 15' 2021 for ECE to amend scope and provide preliminary engineering and � seek alternative site layouts for NP5, generator, and HDD. , 0 On February 16th 2022 City Council approved Amendment 7-A for ECE to shift the SPS components and drive aisles to modify and develop a different alternative. 0 City Council approved the agreement with DBE Utility Services on February 28th 2022 to perform the Horizontal Directional Drill (HDD) off 311 Ave. N. 0 Amendment 7-B was approved by City Council on February 28th 2022 for ECE to provide C E I Services for the H D D with DBE Utility Services. 0 On June 151h 2022 City Council approved Amendment 8 for ECE l� j to move the NPS from Oleander Dr. to a Ave. N. with modifications to permit applications and SPS to develop backup k'y> ° - generator at Alligator Lake (AL). - - 0 The City received $5 million in grant funding from FDEP on July 1, 2022 and later received an additional $10 million from FDEP on July 1, 2023.Jr Stormwater Project Benefits Include: 0 Removing all (8) City Stormwater Beach Outfall Pipes from the Naples Beaches 0 Improve Water Quality that exceeds the State's Minimum Standards 0 Provide Flood Protection 0 Increase the City's Resiliency to Climate Change within the work area of GSBN 0 Increase the Storm Event level of Service from a 5-year storm event to a 25-year storm event 3rd St. N. 'I South Golf Dr. — ^_nd AVC. S. I � _ 1 7th Ave. N_ Centz'al Ave_ 6th Ave_ N_ 1st Ave. N. 1st Ave. S. 3rd Ave. N. Option A - Original Scope Stormwater Outfalls on Naples Beach Cfyl9'7IN1D �IL TAN+1� Tom" MAPL€5 SHOPPING CENTER < r., eEAacLUS y� 6LwN }-�.--- �AILes t_ ..... .. .. OIJTFALL M7 NDorargs env SINGLE OUTFALL 402 NORTH / �—TFAI.L-NORTH OVTFALL MY €10"1 E — PVG / DOUSLP 3w PVC91NOLE 241 PVC 0VTFALL-3' / OUTPALL H'� Low 0 SINGLE Ie'PVG 5nGLE la" BINQLE IA'PVO Pvc GULF OF AMOOO City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 'OVTFALL 7 14 61N Ar IA' PVC OUTFALL • e SINGLE I6" P (FALL R 6 34 of 56 Page 287 of 502 1� N IF Sth Ave. N. Pump Station UFO-] El (NPS) PUMP STATION OVERALL PLAN STATION ISOMETRIC vwoozara� �a000 wrre ne _ - IeE�,.e.a w.w,oeeJ taE-va;www lueq r�000 zo�.� olrrEcrlo.w. oRlu .� - - _ '„ 6 r STH AVE. N L �I z i � I I � m � a x 1 I I 1 ` � � I I � —_—_—_ --- --- --- --- - -- aUll-pp CJ1T .-LES aw�w.Owlhp�P� 4eov.w,w.in4%t IIW --_ City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 35 of 56 Page 288 of 502 i 77 T-0 AVENUE NCRi-1 wJ• ..• < O - rN. .ea..i. nip c 215 GUU SNGRE Mw ... (PRIVATE NESIOENGE� � I M m ✓.e.=.n.nwwce�P.c.cnma EIGEWALR GRApING ENLANCEb Af p07ATED VIE'N JLd� Jtd ��$ �•• YN AVE N. PUMP SrAr1ON Stantec --- --- .ems ..wn.rwurr.w.w iNpe.�nrn mpn CAM 0 City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 36 of 56 Page 289 of 502 Naples Beach Club Infrastructure Agreement Sped a I City Cc urd Meeting March 20, 2023(Follow-up from the Fehruary 27, 7W3 lv1eeting) J As part oft h Is MOU, NBC would construct at its sole cost and expense a temporary bypass road IBvi Roadl from South Golf Drive to Oleander Drive that will be parallel to GSBN in orderto provide forvehicular, bicycle and pedestrian access during the performance of the infrastructure work. 0 NBC will design and install a temporary storm water outfall line that functions at the existing level of service, at its cost, to facilitate the gravity flow of storm waterfrom GSBN to an existing outfall into Gulf of Mexico until such time as the Cil North Outfall Pump Station becomes operational. 0 The construction work set forth in this MOU is contemplated to commence no later than July 2023 and is contemplated to be completed no later than January 2024 but, in all events, this work will need to be completed prior to the contemplated opening of the NBC hotel in the first quarter of 2025. 2b`SWi-Y sEw[R GSBNETem orar By -Pass Road p Y Y NAPLES BEACH CLUB RESIDENCES �` raj? , ... _•� J`C9� 2 v� CONSTRUCTION ACCESS GATES a — — — — — — - 2WIDE SHOULDER WITH 6' HT. FUT`RE NAPLES BEACH SO I FENCE ON BOTH SIDE CwaHo uSEa MARKET SouARF u " VEHICULAR TRAVEL LANES r? l »lyll, (2 LANES, EACH t1' WIDE) J 1 a r GULF SHORE BLVD NORTH BYPASS ROgp .1 ' _ GULF SHORE BLVD NORTH ! uN CI HTH-rIL.I�CFI�F!�T a 6 fTEMPORAR,Ly EL OSEp) PEDESTRIAN SIDEWALK IS WIDE) I CONCRETE TRAFFIC SEPARATOR IT WIDE) - I G50UTH ENLARG EMENT _ _ _ j 'f .-,. FUTURE NAPLES BEACH CLUB 11011^O� RESIDENCES �'fT`� ... M•� FUTURE .1 �1 I[I[, ) Jf NAPLE5H0 ELH CLUB [M. _ '� I � if City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 37 of 56 Page 290 of 502 Kiewit Infrastructure South Co. — Construction 1k. Manager at Risk (CMAR) _ On March 8, 2C23, the City of Naples Evaluation Committee ranked Kiewit Infrastructure South Co. asthe highest-ranking firm from a Requestfor Qualifications advertisement that was sent out November 18, 2022. d On June 21, 2023, City Council approved the CMAR agreement resulting in a fee of $1,566,468 for Pre -construction Phase Services and a 12% Guaranteed Maximum Price (GMP)that would be delivered December 2023. 0 As part of the Pre -construction phase of the CMAR, Kiewit reviewed the — - - Beach Outfall design and provided an evaluation of the Water Quality -- __ - improvements expected from the design of the new system. "'- 0 City staff received a revised GMP of approximately$86,202,407 in January -- 2024 from Kiewit that significantlyexceeded the Engineer's Opinion of Probable Cost (OPC) of $32 million. 0 On January 16, 2024, staff presented three (3) options for the construction of the stormwaterbeach outfall project. During discussions with City Council, it was recommended to obtain pricing fora fourth option that _ provides the construction of the South phase. - - - -• 0 At the re bruery 20, 2024, Council Meeting Kiewit presented a fourth - option along with Constructab ility Analysis, Value Engineering, and Water Qua l ity assess me nt. City staff reviewed the financial impact and investigating additional/alternative funding possibilities. City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 38 of 56 Page 291 of 502 APPENDIX B - COLLIER COUNTY TDC CATEGORY "A" GRANT APPLICATION COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Naples Gull• of Mexico 13eaeh 5torurwater• Outrall Nine Removal S Water Quality Project 1. Name and Address of Project Sponsor Organization: City of Naples 735 8rh Street South Naples, Florida 34102 2. Contact Person, Title and Phone Number: Name: Bob Middleton, Public Works Director Address: 295 Riverside Circle Naples, Florida 34102 Phone: 239,213.5003 3. Organization's Chief Official and I itle: Jay Boodheshwar, City Manager 4. Details of Project- Description and Location: In accordance with FDEP's directive to remove stormwater outfall pipes from the Naples beaches, the City has designed, permitted, and awarded a Contract Manager at Risk (CMAR) contract for the Beach Outfall Stormwater project that improves water quality, flood protection, and the City's resiliency to climate change. After significant planning, design, and engineering, work on the City's beach outfall removal project is planned to begin in 2024, Stormwater duality will be improved beyond the State's minimum standards through a state-of-the-art stormwater treatment train. Clean stormwater will then be pumped 1,000 feet offshore via new pump stations. The Beach Outfall project will replace the existing gravity flow system with a mechanical pumping system that will include two (2) pump stations with water quality features and backup emergency generators that will pump treated stormwater 1,500 feet into the Gulf of Mexico thereby eliminating the need for the eight (8) existing beach outfall pipes. This project exceeds FDFP's directive to improve stormwater quality, reduce beach erosion, protect environmental species, and remove large, unsightly, and obstructive Stormwater pipes from the beautiful beaches of Naples. On June 21, 2023, the City entered into a Construction Manager at Risk (CMAR) agreement with a contractor to provide an initial phase of the CMAR to provide a Guaranteed Maximum Price (GMP) then move to the construction phase. The GPM came back at $86 million which does not include the $11 million expenditures made to date including $4.4 million directly attributable to the beach outfall removal, beach protection, and water quality aspect of the project. The City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 39 of 56 Page 292 of 502 $4.4 spent to date coupled with $28.2 included in the pending GMP results in an estimated $32.6 million applicable to the beach outfall removal, beach protection, and water quality aspect of the project. The City has obtained $25 million from the State Legislature during the 2024 legislative session as a Line -Item Appropriation awaiting the Governor's approval. It would be reasonable to prorate the portion of the State's funding to this portion of the overall project, resulting in an allocation of the State's pending $25 million award of 38% or $9.5 million for the applicable portion of the project consistent with this TDC request. The project budget below includes only the portions of the project that are required to remove the eight (8) existing beach outfall pipes, as directed by the FDEP. They are the north and south pump stations and emergency generators, the horizontal directional drilled outfall pipes from the pump stations that are 1,500 into the Gulf, and the removal of the eight (8) beach outfall pipes. The City respectfully requests consideration for $10 million in TDC funding for this portion of the overall project. As you know, pristine and safe beaches are critical to the economy of Collier County, as is clean water. The recent incidents with Red Tide are events we hope this project will help to minimize in the future, leading to a more robust tourism economy and appreciating, property values which are so critical to funding high -quality services provided by the City and County to our residents. Documents available are the Executive Summaries of the Consultant's Water Quality reports, Location: Gulf Shore Boulevard North between 2nd Avenue South and Oleander Drive located in the city limits of Naples. 5. Estimated project start date: July 1, 2024 6. Estimated project duration: 24 Months 7. Total TDC Tax Funds Requested: $10,000,000 S. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes() No(X) City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 40 of 56 Page 293 of 502 Collier County Tourist Development Council Category "A" Grant Application (Page 2) Naples Gulf of Mexico Bench Stormwater Outfall Pine Removal & Water Quality Progect PROTECT BUDGET PROGRAM ELEMENT TDC Funds Requested City/Taxing District Share State of Florida Share Federal Share TOTAL AMOUNT S 10.000,000 S 13.122.945 (this portion of project) 9_500,000 (prorated) $ 0 S 32,622,945 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, -Monitoring etc) North and South Pump Stations & Generators S 22,482,984 Removal of 8 existing beach outfall pipes S 223,805 [directional Drill new Outfall des S 9,916,15fi S TOTAL S 32,622,945 1 have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and crileria. Jay Bood heshwa r Digitally signed by Jay Boodheshwar Date: 2024.03.20 17:37:34-04'00' Signature of Sponsor Organization's Chief Official Date City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 41 of 56 Page 294 of 502 APPENDIX C - BEACH OUTFALL PS MODIFICATIONS - OCTOBER 2022 - R2 4 ® 0 0 0 � .� 11fi.7ft 88.1 ft - Reduced 28.6 ft or 25 /o Increased Ingress 7.1 ft a It .- o . • >.�rN61�...-. bb.7 ft or 2,492 sgft - Overall reduction by 50 ft or 2,709 sqft total I -�! _ ,. .:�--:�::.. � _ - ---• i ICE 20.5 ZD ft 41w, 1 b - ..u. ir. F. 50JGft - I City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 42 of 56 Page 295 of 502 APPENDIX D - NAPLES BEACH OUTFALL & PROJECT AREA FLOODING PHOTOS City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 43 of 56 Page 296 of 502 IMO.7w+Rni nine...■ City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 44 of 56 Page 297 of 502 s _- City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 45 of 56 Page 298 of 502 City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 46 of 56 Page 299 of 502 Ei City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 47 of 56 Page 300 of 502 si M i-! i A k.0 City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 48 of 56 Page 301 of 502 APPENDIX E - COMMUNICATIONS - SUPPORT FROM COMMUNITY STAKEHOLDERS Coquina Sands Good morning: Thank you for reaching out. Coquina Sands welcomes hundreds of people into our neighborhood weekly as Lowdermilk Park is in our geography. Personally, I think anything that enhances the beach's aesthetics is a benefit to our city. But more importantly, this initiative is a big plus because it will improve water quality and flooding issues. One of the biggest deterrents to tourism is red tide and algae issues. We can't control water releases from northern counties that impact our water quality and algae, but the Beach Outfall Project will help the city with more local control. As we all adjust to Naples being the "it" destination for quality of life, we need to ensure our beautiful beaches and water remain two of the main drivers for increased tourism. Clearly, flood control, resiliency and clean water will also have a big impact on keeping the real estate market active and sustainable and ultimately, people safer. Regards, Maegan Evans President Coquina Sands City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 49 of 56 Page 302 of 502 L® Edgewater Beach Hotel From: Laura Radler <Laura.Radler@ophotels.com> Date: Thu, May 16, 2024 at 8:19 AM Subject: City of Naples Beach Outfall Project To: Dana Pollitt <dana@adept.co> Good morning Dana, Nice speaking with you last Friday and I appreciate you providing the additional information on the Outfall Project specifically as it relates to improved water quality. Without a doubt, the beautiful beaches of Naples are a number one driver of tourism for the area. Therefore, I would support this project as it would improve water quality along our beaches. While I understand that this is a City of Naples project, media coverage regarding red tide and bacteria in the water creates a negative for all of the tourism community in Collier County. Additionally the improvement of storm water drainage as well as decreased beach erosion make this project even more attractive. Best regards, Laura Radler General Manager I Edgewater Beach Hotel 1901 Gulf Shore Boulevard North I Naples, FL 34102 Ph. 239.403.2000 1 Direct 239.403.2156 1 Fax 239.403.2100 www.EdgewaterNaples.com City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 50 of 56 Page 303 of 502 L® Greater Naples Chamber of Commerce From: Kristina Park <Kristina@napleschamber.org> Date: Thu, May 16, 2024 at 9:32 AM Subject: Re: City of Naples - Tourist Impact Study To: Dana Pollitt <dana@adept.co>, Sloan Nagy <sloan@napleschamber.org> Cc: Jay Boodheshwar <jboodheshwar@naplesgov.com>, Miguel Flores <mflores@naplesgov.com> Dana, Thank you for your patience in connecting during this unusually busy week. Below is the message of support from the Greater Naples Chamber. Please let me know if you have any further questions. Recognizing the interconnectedness of our economy and our ecology, we are grateful that the leaders within the City of Naples are seeking opportunities to invest in beach restoration and water quality. We believe that this initiative holds immense promise in enhancing the environmental quality, safety and attractiveness of our community, thereby benefiting both residents and visitors alike. Visitors seeking a clean, safe, and aesthetically pleasing beach experience will undoubtedly find Naples Beach to be an irresistible destination, thereby fueling the growth of our tourism sector and benefiting the local economy. We believe that the successful execution of this project will play a pivotal role in promoting tourism and enhancing the marketability of Naples and Collier County as premier destinations for visitors seeking pristine beaches, secure surroundings, and aesthetic allure. The allure of Naples Beach is a cornerstone of our local tourism industry, and ensuring its cleanliness, safety, and visual appeal is paramount in attracting discerning travelers from across the globe. As the premier advocate for the business community, water quality and resiliency sit as one of the top priorities for the Greater Naples Chamber. By elevating the water quality standards, providing flood protection measures, and bolstering our resilience to climatic fluctuations, we are not only safeguarding our natural heritage but also enhancing the economic vitality of our region. Employers within our hospitality based economy depend on these dollars to support their business and its ability to grow and thrive in Naples. Worm wishes, Kristina Park President & CEO Greater Naples Chamber E: KristinaPnapleschamber.org City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 51 of 56 Page 304 of 502 2150 Goodlette-Frank Road N. Suite 101, Naples, FL 34102 www.NaplesChamber.org Facebook I Instagram Event Calendar Gulf Shore Property Owners Association From: gspoanaples@gmail.com Date: May 16, 2024 at 6:11:18 PM EDT To: Mary Hayes <maryscalahayes@gmail.com>, clifford holland <ceholland22@gmail.com>, Maegan Evans <mae@fallsrivergroup.com> Cc: Dana Pollitt <dana@adept.co>, Miguel Flores <mflores@naplesgov.com>, Beth Petrunoff <bpetrunoff@naplesgov.com> Subject: RE: City of Naples Tourist Impact Study Mary - unless I am mistaken, Beach Outflows is a priority for the City of Naples for many reasons, including beautification of beaches to make out Gulf Shoreline more attractive for property owners and tourists alike. Here is the link to the discussion at the May 3rd presentation. https://Iegistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/2527738/City C ouncil Presentation 04-03-2024 03-26-2024 2 .pdf Naturally, Gulf Shore Property Owners are very supportive of the efforts, I have copied all on this email. GSPOA is emphatically supporting removal of Beach Outflow pipes. We have been speaking in favor of outflow pipe removal. Doug Stewart President, Gulf Shore Property Owners Association GSPOAnaples@gmail.com Mobile +1.708.267.6527 City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 52 of 56 Page 305 of 502 Mary Hayes - Naples Miracle Mile Project From: Mary Hayes <maryscalahayes@gmail.com> Date: May 13, 2024 at 6:43:41 AM EDT To: Dana Pollittl <dana@adept.co> Cc: Beth Petrunoff <bpetrunoff@naplesgov.com>, Bob Middleton <RMiddleton@naplesgov.com>, Miguel Flores <mflores@naplesgov.com> Subject: Re: City of Naples Tourist Impact Study Good morning Dana. Nice to speak to you this past Friday regarding the City of Naples stormwater outfall project. As you read in the attached article below the Miracle Mile project is a resident led initiative that collaborates with the developers, City of Naples staff, neighborhood community associations, the Edgewater Hotel and the Naples Beach Club; the future home of the Four Seasons Hotel. As stakeholders, our entire focus is on the streetscape on the public realm to develop a safe, structurally sound and cohesively aesthetic boulevard between the Naples Beach Club and Doctor's Pass/Mooring Line Bridge. The Miracle Mile boulevard is the scenic gateway to the City. It serves as a venue for many residents and tourists that visit the Edgewater Hotel and the future Four Seasons Hotel on the Miracle Mile as they run, walk and bike down the boulevard. It is also the street in which they enter the City's crown jewel of full service beach parks, Lowdermilk Park. The storm ter outfall project would really benefit the Miracle Mile. Reducing street flooding as a result of afternoon rains or rain storm events as well as improving water quality and reducing beach erosion will be very important to our residents and the thousands of tourists that help support our local economy. Dana, please let me know if I can provide you with further input. Mary Mary Hayes, Chair Naples Miracle Mile Project 516-375-7011 City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 53 of 56 Page 306 of 502 L® Naples Airport Authority From: Robin King <Rking@flynaples.com> Date: Fri, May 10, 2024 at 5:43 PM Subject: City of Naples Beach Restoration To: Dana Pollitt <dana@adept.co> Hi Dana, I shared with our leadership here the work you're doing with the City, and we are in agreement that since the Naples Airport isn't involved in promoting tourism - and that the majority of our clientele are homeowners - we don't have a strong statement on behalf of tourism. I hope the annual report and other FAQ material can provide you with the information needed for your study. All the best, Robin King I Director of Community Relations/Communications (239) 643-0733 160 Aviation Drive North Naples, FL 34104 flynaples.com City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 54 of 56 Page 307 of 502 Sara Harrington - Collier County Office of Economic Development From: Sarah Harrington <Sarah.Harrington@colIiercountyfl.gov> Date: Thu, May 16, 2024 at 10:46 AM Subject: RE: Naples Beach Restoration & Water Quality Improvements Project To: Dana Pollitt <dana@adept.co>, Miguel Flores <mflores@naplesgov.com> Hi Dana, Appreciate your reaching out and taking the time to speak with me this morning. The below letter from the Greater Naples Chamber (GNC) echoes the positive connection between reducing the visual obstructions on the beach line, increased aesthetics of the Naples beaches, and environmental benefits such as improved water quality and enhancing the coastal resiliency all of which contribute to greater marketability of the beaches and promotion of tourism in the proposed Naples Beach Restoration & Water Quality Improvements Project. Please let me know if I may be of further assistance. Hope you have a nice day. Thank you! Sarah Harrington Manager - Planning Economic Development & Housing City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study ADEPT Public Relations, LLC 55 of 56 Page 308 of 502 APPENDIX F - THE NAPLES MIRACLE MILE ARTICLE Tlie Miracle Mile project is a resident led initiative started a ,year ago after the destruction of Hurricane IanAt is a collaboration of residents and developers along the boulevard, LowdermAk Park, neighborhood community associations, the Edgewater Hotel, and the Naples Beach Club, the nature home of the Four Seasons Hotel. It is the stretch of Gulf Shore Boulevard North (GSBN) that runs from the Naples Beach Club to the Mooring Line Drive Bridge_ This stretch of GSBN serves as a gateway to the entire city where many residents and tourists bike and walk along our beautiful beaches. the mission of the Miracle Mile project is to engage stakeholders in a collaborative approach to redevelop a key area in the city in a thoughtful and coordinated manner. 'Ihe plan is to create and implement a streetscape that includes the following: 1. Retains and builds upon the unique character of Naples. 2. Implements improvements to resiliency/stormwater and underground utilities while retraining environmentally responsible. 3. Creates a cohesive and beautifitl landscape in the public realm that residents value while enhancing the neighborhood and city. In case you missed the N,7ples Daily News articles and WINK News stories on the Miracle Mile project, on Fobniary / at the regular city council meeting over 140 Nliracle Mile residents and all 38 developments on the Miracle Mile were represented. "The Coquina Sands and the Moorings residents made their presence very clear that they are frilly engaged about what is going to happen to the boulevard in their neighborbood.The decision was made that day for the approval of the funding for consultants, Agnoli, Barber & Brundage recently purchased by LJA, which is another fiill- service local engineering consultancy firm, to move forward. L_JAs task is to create a conceptual master plan for the above -ground MARY HAYES Committee Chair The Maples Miracle Mile Project Ma€y5calaHayes@gmaiLcom 42 i Old Naples News streetscape on the public right of way. The committee has already started meeting with the consultant and looks forward to sharing their progress thus far with residents. Right now, the consultant is working on developing a right-of-way base map of the boulevard and creating the Naples Miracle Mile website. A big part of our project is comrr€unity engagement, lVe want to hear from our residents. The committee completed a survey last summer that was emailed out to residents by the Gulf Shore Property Owners, Moorings, and Coquina Sands Associations. There were 864 responses. Residents were asked what features are most ianport,.mt to them along the Miracle Mile. MORE THAN 90% OF RESIDENTS RANKED THE FOLLOWING AS THE TEN MOST IMPORTANT FEATURES: underground utilities sidewalks traffic density low building heights green space lush landscaping on private property stormwater flooding an the road views to the gulf and bay • building setbacks pedestrian crosswalks green space verdant landscaping on public property The committee has met with residents and presented at neighborhood association meetings several times over the last year. They also plan on doing another survev in the future as well as creating additional in -person opportunities for residents to provide us with their further input about how they envision the future of the Miracle Mile. The reason why this neighborhood project has been so successful thus far is that all the stakeholders have been collaborative. Current long-time residents, developers, future residents of these new luxury developments, the city of Naples, and the many tourists that will visit our two hotels will all benefit from a more structurally sound, safer, and aesthetically cohesive Miracle Mile. City of Naples I Naples Beach Restoration & Water Quality Improvements Project Independent Tourism Impact Study MayfJune/July 2024 ADEPT Public Relations, LLC 56 of 56 Page 309 of 502 Page 310 of 502 ADEPT Strategy 8&, Public Relations i7. t 06 O E U C6 � N m N ui Ou _Q U .O CL G ; Z 0 _O O ( cr > Ln v E v V z L,n � � m (1) ca 7! � CL m z r. 0 (A 4 � � s��_ | _ §A -N� ■ �_� -�.. 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E o 0 U 0 n k 1 � T ii s y � � 0 M M (6 0 I co �LL 0 m E "r w It r O cn 0 -f-j cn CN cn 0 a) Co U- � 00 0) (10 TDC Collier County - Meeting date: Feb 18, 2025 STAFF REPORTS The following is a report encapsulating the staff activity for the time period Dec 1-31, 2024. This detailed report contains activities, actions, recaps and actionable learning by focus disciplines. Page 479 of 502 TABLE OF CONTENTS 1. Staff Topline activities -- 2. Arts & Culture -- 3. Group Meetings -- 4. Midwest Sales -- 5. Specialty Markets -- 6. PR & Communications -- 7. Social & Digital Media -- 8. Global Travel Trade -- 9. International Sales UK & Ireland-- 10. International Sales Germany -- 11. Sports Complex -- Page(s) 3-4 5-6 7-8 9-10 11-12 13-14 15 16-18 19-20 21-23 24 2 Page 480 of 502 STAFF TOPLINE ACTIVITIES ARTS & CULTURE Continued work to obtain purchase orders for the FY 2024-2025 grant recipients. Filmed Dia de los Muertos events for future iARTE VIVA! marketing. GROUP MEETINGS 1. Attended Smart Meetings' Incentive Experience December 8-10, 2024, in Phoenix, AZ. 2. Recovery Messaging to clients to ensure they are aware that we are open for business. MID -WEST SALES 1. 3 meetings totaling 696 Room Nights were booked at the Ritz -Carlton Naples. 2. Present at holiday networking events from coast to coast (FL, Chicago, California). SPECIALTY MARKETS 1. Increased EIC Potential and Room Nights: Despite having the same number of RFP leads as the previous year (4), the 2024 reporting period showed a significant increase in EIC potential, rising from $155,021.61 to $292,934.35, with total room nights nearly doubling from 315 to 563. 2. Successful Lead Generation at RCMA Emerge: The CVB successfully connected with religious planners at the RCMA Emerge Conference, generating leads for significant future bookings, including a regional women's ministry retreat, a religious film project, and a national faith - based leadership conference. PR & COMMUNICATIONS 1. Earned media efforts for December 2024 resulted in 52,550,055 media impressions with a Media Value of $91,496. 2. Media highlights include placements in Forbes, Southern Living, Miami Herald and AFAR magazines. SOCIAL & DIGITAL MEDIA CVB Website transition to Granicus project. Assisting Naples FC with photo shoot permits. LEISURE SALES 1. Tour operators are increasingly focusing on catering to the growing demand for luxury travel experiences, even expanding their organizations by adding dedicated luxury branches to better serve this market. UK & IRELAND 1. Final preparation and compiling yearend report and market update for ongoing activity and reference with further CVB planning. Highlights include Florida's Paradise Coast is pacing strongly within Florida, reclaiming a top position among beach destinations, in 2024, across leading tour operators we ranked fourth or fifth behind the international gateways of Orlando, Miami, St. Pete/Tampa. For 2025, with one leading tour operator, we are Page 481 of 502 currently ranked third —behind only Orlando and Miami —a powerful achievement. Within USA overall the UK remains the #1 overseas market for inbound travel to the USA, reflecting a +3.9% YOY increase; Ireland recorded +8.9% increase reaching 94.2% of 2019 levels. France ranks V in Europe after the UK&I and Germany. Prepared Newsletter with destination updates including new properties opening for both media and trade distribution in early January, forwarded to CVB for approval. DIAMONDE 1. Confirmation of our participation at B2C/B2B Florida luxury campaign of new German tour operator "CRD Select" in collaboration with Palm Beaches and the Keys. 2. Participation at Visit USA Christmas Media Event in Munich on Dec. 11. SPORTS COMPLEX 1. PCSC presented their annual business plan to the TDC in December and it will go to the BCC in January. This discusses the prior year + the strategy for the upcoming year. 2. FC Naples to start play in March of 2025. 4 Page 482 of 502 ARTS AND CULTURE John Melleky, Arts and Culture Manager Reporting Period: December 1-31, 2024 Overview • Developed strategy for calls for artists for notecard giveaways and the Tourism Star Awards. TDT Arts and Culture Grants • Worked with the Office of Management and Budget and completed purchase orders for the FY 2024-2025 grant recipients. • Met with Lee County Tourist grants administrator about their grant program and ways for both of us to manage the process. General CVB Projects • Visit Florida: Participated in meetings to prepare information for the VCC agenda item to approve the Visit Florida waiver for spending. • Stormwater Project: Worked with the City of Naples to prepare materials for the Tourist Development Council about the Tourist Impact Study on this project. • Call for Artists: Finalized and implemented the Call to Artists for the Tourism Star Awards trophies and notecards. • Potential New Products: Attended meetings and demos on possible new tools as part of the expansion of our marketing. • Website: Attended meetings with Granicus on the new website project. • Budget and expenses: Responded to general questions from the Office of Management and Budget on bills, invoices, and grants. iARTE VIVA! — Hispanic Art Festival • Planned meeting for early January to review 2024-2025 season thus far and begin 2025-2026 planning. • Attended events — see outreach section Outreach to Arts and Culture Organizations Outreach to organizations includes meetings, introductions, and attending various arts and cultural activities throughout the month. December 4: Naples Design District Holiday event December 5: Met with Collier employee and artist Mariana St. Surin about the arts organizations December 5: Naples Botanical Garden —Johnsonville Night Lights December 6: Conservancy of SW Florida — met with their new Marketing Director December 6: Artis Naples, The Baker Museum — Rafael Lozano -Hemmer exhibition opening (iARTE VIVA! event) December 9: United Arts Collier — Exhibition event December 13: The Naples Players —Tour of Sugden Theater for CVB team to view December 18: Gulfshore Playhouse — Tour of new facility for CVB team to view December 18: Naples Airport — Exhibition opening December 23: Allison Geller — Meeting about a movie she is creating December 28: Artis Naples — Some Like it Hot Page 483 of 502 Upcoming Strategic Initiatives • Create FY 2024-2025 financial reimbursement reports for grants. • Implement the review of the first two Calls for Artists. • Hold !ARTE VIVA! meeting for January and plan the Call for Artists for FY 2025-2026 poster. M Page 484 of 502 GROUP MEETINGS SALES Lisa Chamberlain, CMP, Group Sales Manager Reporting Period: December 1-31, 2024 2024 2023 Number of Meeting Planner Contacts 57 (vs.44 in Nov; 47 in Oct; 77 in Dec 2023 52 in Sept; 67 in Aug; 88 in July) Number of RFP leads sent to hotel 12 leads sent (16 in Nov; 41 12 leads sent partners in Oct; 23 in Sept; 30 in Aug; 47 in July) Number of Shows Attended 1 in Dec (vs. 0 in Nov.; 0 in 0 in Dec; 1 in Nov; 1 in Oct; 0 Oct; 0 in Sept; 1 in Aug; 2 in in Sept; 1 in Aug; 1 in July July) 2023 Events Attended / Sales Activity • Strategic Planning Meeting with Outlyr — Sandy Diamond re: Chubb Classic • Registrations/preparation for Northstar Meeting Group's IPEC 2025 Jan 26 — 28, 2025 in Atlantic City, NJ • Finalizing plans for Visit Florida's FLORIDA ENCOUNTER Feb 2-4, 2025 Ocala, FL • Naples Trolley Tour NT&T December 3, 2024 • SW Florida Concierge and Guest Services Association Meeting Alamo Cinema December 3, 2024 • Naples Design District Holiday Stroll December 4, 2024 • Sponsorship and Marketing Opportunities with ConferenceDirect December 5, 2024 • Smart Meetings' Incentive Experience Phoenix, AZ December 8-10, 2024 • Meeting eScapes Call with Paradise Advertising December 13, 2024 • Tour of new Sugden Theatre Complex — The Naples Players December 13, 2024 • Tourist Development Council Meeting December 17, 2024 • Year End Strategic Planning Meeting with team December 17, 2024 • Gulfshore Playhouse Tour December 18, 2024 • Approval and payment for IRF Invitational in June 2025 December 23, 2024 • Coastlines article submission Upcoming Strategic Initiatives • Recovery Messaging to clients to ensure they are aware that we are open for business. • Follow up from recent Smart Meetings Incentive Experience December 8-10, 2024. • Compiling our FY24/25 Travel Calendar, outlining upcoming shows and events that are valuable to attend. • Planning content for monthly Meeting Escapes email to planners with Paradise Advertising. • Working with Paradise Advertising on new group sales document content — requesting updated contacts; specific capacities; and new images for our collateral sales piece. • We continue to work with Paradise Advertising on social media content for Linkedln posts to highlight relevant educational content in my monthly posting. 7 Page 485 of 502 Looking Forward • January 26-28, 2025: Northstar Meeting Groups' Independent Planners' Education Community IPEC 2025 Conference Atlantic City, NJ • February 2-6, 2025: Visit Florida's Florida Encounter 2025 Ocala, FL Smart Meetings Incentive Experience, Phoenix, AZ, December 8-11. 0 Page 486 of 502 Synergy -Connect - Midwest Reps Reporting Period: December 1-31, 2024 Subject December 2024 December 2023 Number of Meeting Planner Contacts 325 400 Number of RFP leads sent 13 12 Number of Shows Attended 5 4 UPS Event Name Organization Contact State Dates Room Nights February 20-21, Stamford Max Growth Event HelmsBriscoe Theresa Sajnaj IL 2025 175 February 23-27, DMSCA 2026 Accelerate HelmsBriscoe Christine Cayko MN 2026 280 NCM Associates -2005-April 2026 Maritz Tami Mazzolla MO April 17-22, 2026 79 Panera Franchise Meeting March March 10-13, 2025 HelmsBriscoe Becky Rockett MO 2025 142 2025 Commercial Academy October 15-20, Diamond Inner Circle HelmsBriscoe Lori Stickley' OH 2O25 387 February 22-27, NADA Feb 2026 Maritz Amy Braun MO 2026 90 Teleperformance Meeting May 2025 Maritz Select Elaine Kady CA May 12-15, 2025 376 Jan Tolle February 4-7, MeclCM360 Live Team Meeting HelmsBriscoe MacDonald MN 2025 39 March 10-13, South Area VP Council Maritz Steve Lafferty MO 2025 59 March 30-April 1, Q1 Big East LT Meeting Maritz Giovina Price MO 2025 40 NE Best Buy EM Summit Two Week Option HelmsBriscoe Lisa Heim MN April 14-17, 2025 2250 February 4-7, 2026 ESICA Board Meeting HelmsBriscoe Tanya Baker OH 2O26 68 2025 Excellence Roundtable HelmsBriscoe Amelia Roper IL April 7-13, 2025 527 Solventum 2026 Flight of the March 21-27, Eagles Incentive HelmsBriscoe Amy Rosenberg MN 2026 149 *New definites in red Page 487 of 502 Prospecting and Other Activities • Contacted all incoming leads for updates and recommendations. • Followed up with open leads. • Barb attended SITE Chicago New Member Reception (60pp). • Barb attended SITE Chicago Holly Trolley (150pp). • Barb Attended (2) SITE Committee Meetings (Holly Trolley and Sponsorship). • Barb attended Maritz Unwrap Holiday Event Chicago. • Maura attended the SITE Florida Holiday Event in Tampa. • Melissa attended the SITE Northern California Holiday Event in San Francisco. Looking Forward (Trade Shows) • January 13 - 15, 2025 - KANDA Travel Advisor Virtual Tradeshow • January 28, 2025 - SITE Chicago AGM - Naples is event sponsor • January 30 - 31, 2025 - Retreats Resources Sunshine State Roadshow (Orlando, Tampa) • February 11, 2025 - American Hospital Association/CVB Partner Meeting • February 12, 2025 - SITE FL Theater Night Client Event, Tampa • February 20, 2025 - Synergy Client Event San Francisco • February 25, 2025 - GPS Global Events Minneapolis • February 26, 2025 - GPS Global Events Chicago • February 27, 2025 - GPS Global Events Milwaukee • March 24-27, 2025 - M&I Events, Lake Louise, Canada 10 Page 488 of 502 SPECIALTY MARKETS SALES Michelle Pirre, Sales Assistant Reporting Period: December 1-31, 2024 Key Takeaways • Upcoming Engagement Opportunities: The team is actively preparing for strategic initiatives in 2025, including the NY Travel Adventure Show and several specialized meetings conferences, to continue expanding their reach in specialty markets and build on the successes of the past year. 2023 2024 Number of Meeting Planner Contacts 4 8 Number of Travel Agents Met 0 25 Number of RFP leads sent to hotel 4 Leads sent with 4 Leads Sent with $155,021.61 partners $292,934.35 EIC EIC Potential 315 total room Potential and 563 nights room nights Number of Leads Turned Definite 1 lead turned definite 1 lead turned definite with with $13,259.93 EIC $43,666.16 EIC and 83 total room and 23 total room nights nights Meetings & Events December 5: Valentine's Day Meeting with Clerk of Courts Committee to discuss the annual Clerk of Courts Valentine's Day group wedding and vow renewal event. December 5: Group sales team meeting with Conference Direct to discuss sponsorship opportunities for the CVB. December 5: CVENT training meeting for planner navigation on the application the CVB uses to submit RFPs to partners. December 10: RCMA Emerge first time attendees' meeting/orientation for the tradeshow. December 11: Specialty Needs Call Center quarterly training. December 13: Tour of the newly updated Sugden Theatre with the CVB Team. December 17: Year-end strategic planning meeting with the CVB team for FY2025. December 19: Valentine's Day Meeting with Clerk of Courts Committee to discuss the annual Clerk of Courts Valentine's Day group wedding and vow renewal event. RCMA Emerge! Recap Specialty Markets recently returned from the RCMA Emerge Conference, designed for planners organizing religious events, retreats, and conferences. This event provided an excellent opportunity to connect with religious meeting planners and showcase our destination as a premier choice for faith - based events. At the expo, we engaged with planners from various denominations, fostering potential partnerships for retreats, conferences, and regional meetings. The CVB highlighted the unique attributes of Naples, Marco Island, and the Everglades, including diverse venues, family -friendly attractions, and tranquil spaces for reflection. Planners showed strong interest in medium to large venues and offsite options for banquets and worship services, appreciating our ability to customize experiences. 11 Page 489 of 502 The CVB secured leads for 2026 bookings, including a regional women's ministry retreat, a religious film project, and a national faith -based leadership conference, with more leads expected. A two -night resort stay giveaway drew significant booth traffic, emphasizing our local hospitality. The RCMA Emerge Conference reaffirmed the demand for destinations that cater to the unique needs of religious planners, positioning us as a top choice for faith -based gatherings. Upcoming Strategic Initiatives Continue to build relationships with planners met at RCMA Emerge with follow up with all leads within the next two weeks, providing detailed information and customized itineraries. As part of upcoming initiatives, preparations are underway for attending the NY Travel Adventure Show, scheduled for January 25-26, 2025. This event presents a valuable opportunity to connect with consumers in one of our largest target markets. In addition, at this event there will be a travel trade day which will give us an opportunity to meet hundreds of travel agents. Efforts will focus on curating engaging booth displays, highlighting the unique offerings of Florida's Paradise Coast for group meetings and events. Marketing materials, including brochures and promotional items, will emphasize the destination's offsite venues, group dining experiences, and natural attractions. Looking Forward • Travel Adventure Show Jan 25-26, 2025 • Small Market Meetings Summit (Group Travel Family) April 30 - May 1, 2025 • Small & Boutique Meetings - SPRING (NorthStar) June 1-3, 2025 • Going on Faith (Group Travel Family) August 6-8, 2025 • Connect Specialty August 25-27, 2025 12 Page 490 of 502 PUBLIC RELATIONS & COMMUNICATIONS Sandra Rios, PR & Communications Manager/Maria Power, PR Assistant Reporting Period: December 1-31, 2024 Media Updates • Set up itinerary for Viktor Block and Fyllis Hockman, a husband -and -wife team of travel journalists who write for numerous newspaper outlets and website. • Continued discussions to host two freelance writers in conjunction with Sails restaurant: o Eric Barton of Flamingo Magazine to cover what's New in Naples. o Gwen Pratesi who writes for Garden & Gun for an article on luxury Communications • Drafted and distributed December Coastlines. (40.8% Open Rate / • Next phase of 2025 Visitor Guide project. • Drafted Consumer and meetings Escapes newsletters • Edited Elegant Resorts newsletter (UK) and updated UK boilerplate • Prepared updates for new TDC Chairman • Preparations and research for WGN/Chicago On The Map radio interview —January 31 • Attended monthly BOD meeting for Press Club of SWFL • Attended monthly BOD meeting FRLA, Collier County Chapter • Interview with Gulfshore Business re: 5-year anniversary — post-covid changes • Attended Naples Botanical Garden Partner Appreciation Event • Participated in Collier County Monthly PIO call Marketing • Completed multiple requests for assets for media and marketing purposes. • Reviewed / approved Winter Campaign marketing collateral and campaign estimates. • Started research and planning for Granicus website transfer of all business listings and event listings. • DISCOVER airlines marketing campaign — continued revisions through Phase 2 of the project • Fulfilled FC Naples sponsorship and promotional elements • Ported 1-800 numbers from Faneuil to CVB phone system • Implemented "All is Perfect" marketing campaign elements (Recovery campaign) • Promotional and sponsorship fulfillment for Chubb Classic • Reviewed RIPE proposal • Approved Florida Golf Alliance copy points for editorial selection • Initial discussions with Garden & Gun re: 2025 advertising campaign • Submitted Collier County Annual Report for Tourism Division • Reviewed International PR campaign proposals • Attended Grant Thornton Invitational and fulfilled sponsorship and promotional elements • Preparations for IMM (International Media Market) • Review Official Group Meetings Planning guides • Imagine Solutions sponsorship discussion / agreement • Review Advertising and Public Relations RFP's 13 Page 491 of 502 News, Articles, Press Releases • Southern Living (UVM: 18,174,865), titled, "The 20 Best Family -Friendly Beach Hotels In Florida," spotlighting JW Marriott Marco Island. • Inn on Fifth was included the Forbes (UVM: 5,771,961) article titled, "9 Hotel Packages We Wish We Got For Christmas." • Everglades National Park is highlighted in the article, "These Are The Best US National Parks To Visit In The Winter If You Love Wildlife," by TheTravel (UVM: 2,091,076). • Naples and the Everglades are recommended to readers of Central Florida Lifestyle Magazine (UVM: 6,475) in the article titled, "Exploring Sober -Friendly Travel Destinations in Florida." • Great Wolf Lodge promoted its recent Naples opening in the segment titled, "Great Wolf Lodge in South Florida," on the Tampa morning show ABC Morning Blend(UVM: 886,962L • BizBash (UVM: 70,348), article "What's Your Biggest Hope for the Event Industry in 2025?" which quotes Doug Corbett, Director of Sales & Marketing at JW Marriott Marco Island. • Southern Living (UVM: 18,174,865), article titled, "20 Secret Places In Florida That Only Locals Know," which includes three direct links to the websites of destination partners. 14 Page 492 of 502 DIGITAL, SOCIAL AND FILM Buzzy Ford - Film Liaison, Digital & Social Media Coordinator December 1— 31, 2024 NOV SOCIAL MEDIA 2024 2023 Linkedln Linkedln Post Sent: 09 Linkedln Post Sent: 5 Engagements: 118 Engagements: 379 Followers Gained: 08 Followers Gained: 18 Impressions: 1,598 Impressions: 1,798 Facebook Facebook Posts Sent: 35 Facebook Posts Sent: 13 Engagements: 3,612 Engagements: 33,514 Link Clicks: 1,245 Link Clicks: 15,738 New Fans: 81 New Fans: 247 Impressions: 3,879,438 Impressions: 1,428,820 Instagram Instagram Media Sent: 36 Instagram Media Sent: 21 Engagements: 1,439 Engagements: 2,125 Followers Gained: 144 Followers Gained: 134 Instagram Impressions: 219,200 Instagram Impressions: 2,378,517 CrowdRiff 5.3k interactions and 21k views 7.7k interactions and 33k views ThresHold360 Engagement: 61.07 Engagement: 38.04 Google Views: 78,011 Google Views: 484,110 Clicks: 2,692 Clicks: 613 Tasks • Continuing the transition of CVB website to the Granicus platform • Conduct various Facebook & Instagram Live broadcast • Update partner listings & website articles. • Provide visitor guide request • Social Media Monitoring / Content Meeting • Film permitting • Update website media center with various PR & publication initiatives. • Generate UGC content • Gather media assets from various events • Write monthly Coastline article. • Generate TDC Monthly Meeting Agenda • Update the "In the News" section, highlighting various destination coverage. • Update PR section of the website. 15 Page 493 of 502 TRAVEL TRADE SALES Claudia Wood, Global Sales Manager Reporting Period: December 1-31, 2024 Subject 2024 2023 Number of Travel Advisor/TO Contacts 45 35 Number of FAM/Site Visits 1 1 Number of Trade Shows Attended 2 0 Monthly Activities December 2: Big Rocks weekly meeting December 3: TDC Report submitted December 4-7: Escorted German Tour Operator FAM December 9: Coastlines article submitted December 10: Diamonde monthly zoom meeting December 10: Attended Botanical Garden Sponsorship Event December 11: Unleashing the Potential of Al for Travel Agents webinar December 11-13: Attended the USTOA conference December 11: Sponsored welcome reception at the USTOA conference December 12: Met with Chris Alestra to discuss Signature Tavel Network partnership December 16: Big Rocks weekly meeting December 17: TDC Meeting December 18: Q1 Travel discussion with Lisa and Jay December 19: 2025 TravPro meeting with Kim Uno December 20: OMMAC Monthly zoom meeting International Representation • Ongoing review all activity summaries and approval of projects that are in line with our strategic marketing for the international market. • Working on several coop marketing initiatives and approvals for both UK and German Markets. • ITB confirmed for March. We have two partners attending the trade show in Berlin. • Gathered all necessary back up for the UK/Ireland and German Representation Contract renewal for TDC and BCC meetings. 16 Page 494 of 502 Florida's Paradise Coast Pro Stats through December 31, 2024 81 49 971 TOTAL PARTNER HANDOFFS TOTAL RETENTION SESSIONS TOTAL COLLATERAL VIEWS 78 11 245 TOTAL SHARES TOTAL DOWNLOADS TOTAL FAVORITES O Upcoming Strategic Initiatives • New York Travel & Adventure Show • Travel Trade Marketing plan • Luxury German Tour Operator planning for June German Tour Operator FAM Group from L to R Olivia Baettig — Go2travel Gennadi Burau —AMERICA Unlimited Claudia Wood — Naples Marco Island Everglades CVB 17 Page 495 of 502 Don Walters — Postmaster at the Ochoppe, FL post office Olivia Lensing — CANUSA Touristik Julie Meisenburg — CRD Touristik im Page 496 of 502 UK & IRELAND MONTHLY REPORT OM MAC Activities Reporting Period: December 1-31, 2024 Strategic Highlights • Final preparation and compiling yearend report and market update for ongoing activity and reference with further CVB planning. Highlights include Florida's Paradise Coast is pacing strongly within Florida, reclaiming a top position among beach destinations, in 2024, across leading tour operators we ranked fourth or fifth behind the international gateways of Orlando, Miami, St. Pete/Tampa. For 2025, with one leading tour operator, we are currently ranked third —behind only Orlando and Miami —a powerful achievement. Within USA overall the UK remains the #1 overseas market for inbound travel to the USA, reflecting a +3.9% YOY increase; Ireland recorded +8.9% increase reaching 94.2% of 2019 levels. France ranks 3rd in Europe after the UK&I and Germany. • Prepared Newsletter with destination updates including new properties opening for both media and trade distribution in early January, forwarded to CVB for approval. UK and Ireland Market Update • Around 1.1 billion tourists travelled internationally in the first nine months of 2024, as the global tourism sector recovered to 98% of pre -pandemic levels. The Americas recovered 97% of its pre - pandemic arrivals (-3% over 2019). • Data recently released by the US National Travel and Tourism Office (NTTO) show that in September 2024, International visitor arrivals to the US totalled over six million - a YoY increase of 6.8%. • The UK economy flatlined in the last quarter of 2024, with little growth reported between July and September. Marketing, Sales, and Promotional Activity Trade Overview • Spend at travel agencies outperformed other sectors in November according to new figures from Barclays which reflected a 15.6% year -on -year growth, the highest of all sectors. • A survey by Epsilon found that agents and tour operators are the second top source of travel inspiration for UK travellers (20%) as well as TripAdvisor (20%), with recommendations from friends and family (46%) the top source. (Indicating the importance of PR coverage). • Airfares fell by 19.3% in November in the steepest plunge for the month in more than 20 years. The reduction compared with a fall of 13.9% a year ago, according to figures from the Office for National Statistics. • According to the Advantage Travel Partnership, long -haul travel is continuing to show 'robust performances', with the US, Dubai and Thailand being the most sought-after spots. Trade Activity • ILTM, France, 2-5 December 2024. Attended at NO COST to CVB this leading flagship luxury travel industry event. Within a networking and observation capacity we can provide the destination with accurate market intelligence regarding the luxury market trends. We aim to select one luxury partner for co-op activity into 2025. • Visit USA Meet the Media in January - preparations for attending this showcase USA event. 19 Page 497 of 502 • Aer Lingus trade Roadshow — in discussion to participate with this leading event in February. • Tour America, Ireland — aim to participate with their luxury co-op activity in late January. • If ONLY — high -end tour operator. Final approval of additional copy to ensure the destination is reflected across all aspects and offerings across many touch points to the trade. • Followed up with Brand USA, regarding market update and research. • Reached out to Visit Florida HQ regarding research data. • In discussion with US NTTO regarding market updates and research. • In discussion with CVB research team at Downs and St. Germain regarding data for our markets. • Updates — industry updates included within our CVB weekly zoom meeting for planning. Public Relations and Communications Activity • Key trends this month included winter wellness and ski holidays, and festive city getaways. • Five (5) media pitches were distributed, themed around 2025 travel news and family travel. • The team met with three (3) media this month including editors from Runner's World and The Wedding Edition, as well as freelance journalist Doug Loynes. DATE PUBLICATION MEDIA TYPE JOURNALIST HEADLINE REACH EAV ($) 10.04.24 Lonely Planet Online Jesse Scott 7 best road trips in Florida 3,760,000 $31,843 04.05.24 MSN UK Online Ella Buchan 57 Beautiful North American Attractions That 6,996,420 $59,236 Will Take Your Breath Away 07.05.24 MSN UK Online Ella Buchan Ranked: the best bucket list experiences in the 6,996,420 $59,236 US 10.06.24 MSN UK Online Frances Carruthers Ranked: Florida's most BEAUTIFUL small 6,996,420$59,236 towns and cities 02.07.24 MSN UK Online Nick Dauk Florida's best beaches, revealed 6,996,420 $59,236 17.08.24 Solo Lux Online Editorial Team New UNESCO World Heritage Site 260,000 $7,020 Designations 28.08.24 Solo Lux Online Editorial Team 12 Destinations Worth Adding to Your 260,000 $7,020 Autumn Travel List 19.11.24 IoveEXPLORIN G Online Nick Dauk Florida's finest beaches revealed 216,200 $5,837 15.11.24 IoveEXPLORIN G Online Ella Buchan The best road trips in Florida, ranked 216,200 $5,837 03.12.24 Family Traveller Online Katie Bowman Where to go for really warm sun on family 400,000 $10,800 winter sun holidays 10.12.24 IoveEXPLORIN G Online Peter Moore Then vs now: how Florida's attractions have 216,200 $5,837 changed 20.12.24 IoveEXPLORIN G Online Jacqui Agate 101 beautiful things we love about America 216,200 $5,837 20 TOTAL 33,530,480 $316,975 Page 498 of 502 DACH & BeNeLux Markets Monthly Sales & Marketing Activities Reporting period: December 1-31, 2024 Prepared by DiaMonde e.K., Annette Eckhardt, Senior Account Manager Summary of Achievements • Confirmation of our participation with brochure distribution through German tour operator. "Fairflight" at five consumer travel shows in Germany and Austria from Nov 2024 to Jan 2025. • Execution of our participation with brochure distribution at Belgian 132C show "Joker Reisebeurs USA & Canada on Oct 20. • Execution of our attendance at Visit USA Halloween Event on Oct 26 and at USA Canada Experience in Zeist (Netherlands), from Oct. 31 to Nov. 1, 2024. • Preparation for our attendance at Discover Airlines Afterwork Event on Nov. 27 in Frankfurt. • Final preparations for our tour operator fam trip to Naples, Marco Island & Everglades from Dec. 3- 7. Sales Activities — 13213 & 132C • America Unlimited GmbH, Alexander Kohlenberg, Marketing Manager, Germany o Followed -up with Alexander to check on their room nights 2023 vs. 2024. He reported for following numbers: 2023: 210 pax / 205 room nights and 2024: 230 pax / 255 room nights. o We prepared the content for our new Naples microsite site and approved it after having received the acknowledgement of Claudia Wood. The new Naples microsite is online: under https://www.amerikareisen.at/traumziel/naples. Additionally, we proof-read the new travel offer which will include 2 nights in Naples and will be online shortly. By having a new Florida travel package online and because of our upcoming campaign we expect a positive development for the numbers of Amerikareisen.at under the company flag of America Unlimited. Knecht Reisen AG, Anja Meier, Product Manager North America, Switzerland o Anja contacted us regarding imagery for her Florida presentation which will be presented at the annual 132C travel show of Knecht Reisen mid of November. We provided the material and followed up with her also on the room nights to Naples, Marco Island & the Everglades. o For Naples and Marco Island they have registered a total of 210 room nights f2024,024 and they have lost the family travel segment due to the high prices in Florida. It is not just the hotel rates, but also all additional costs in destination such as food, tickets and excursions. o The families to Florida in the summer month have been a key market for them in the past and numbers have not recovered to 2019 level. DiaMonde will set up a conference call with Anja later in November to find out more details and to showcase options to stimulate business for 2025. DER Touristik GmbH, Katja Wagner, Product Manager & Team Leader Hotels USA, Germany o DiaMonde contact Katja to check on their room nights and business development for 2024. 21 Page 499 of 502 o Overall, their numbers have recovered very well compared to last year and they have already booked 2,500 room nights for our region. Compared to 1,850 in 2023 this is a fantastic result and the outlook for 2025 is looking very positive. We gave her an update on the situation in destination after Hurricane Milton DiaMonde has set-up a personal meeting with her for Nov. 13. America Unlimited GmbH, Timo Kohlenberg, Owner, Germany o Contacted Timo to follow-up their room nights for 2023 and he reported 1,310 room nights to our destination. Compared to 1200 room nights in 2024 this this a decent increase. o To further increase sales for 2025 we are currently working on campaign ideas for Q1 2025. As soon as we have more detailed information available, we will share it with the CVB. Marketing Activities - Highlights • CRD Touristik, Nora Kutsche, Marketing Manager, Germany o We received the proposal for our planned luxury B2C/B2B campaign for newly founded luxury tour operator "CRD Select". We will collaborate with Palm Beaches and the Keys. o The campaign includes the following activities: inclusion at Secret Escapes newsletter, page print advertorial "Reise & Erholung" by MerkurTZ, inclusion at CRD Select newsletter with promotion of the new luxury travel package to Naples, Marco Island & Everglades, The Palm Beaches and Florida Keys and virtual staff training of the CRD staff. Partner Buy -In: USD 17,000 and timing for the campaign is Q4 2024 and Q1 2025. We confirmed this opportunity to CRD Select after receiving the acknowledgement of Claudia Wood on Oct 30. Media / PR / Communications Activities — Hieh Lari Lara — Zwischen Alltag & Fernweh, Isabel Lotz o Isabel Lotz of family and travel blog Lari Lara contacted us regarding a planned press trip to Florida in summer 2025. She plans to write an article focusing on travelling with teenagers in Florida. DiaMonde has also connected her to Visit Florida to see if they can support flights and car rental. She is interested to visit MIA, the Keys, Space Coast, Punta Gorda and St. Pete/Clearwater. The article will be published on Insta, and she has 22 k followers. DiaMonde will follow up again in a few weeks. o Paradise Coast has been allocated a series of 7 x Facebook activity posts on the German Paradise Coast Facebook Page (16,1k Followers). Overall reach for August is 2,405. Please see screenshots of the posts in the clipping report. Events Annette Eckhardt attended on behalf of Naples, Marco Island and Everglades CVB at the following events: o Visit USA Halloween Event, Frankfurt, Oct 261h: over 100 travel agents attended the event o USA Germany's Members Meeting, Frankfurt, Oct 25th o "USA Canada Experience 2024" in Zeist, Netherlands from Oct 31 to Nov 1, 2024: 14 one-to- 22 Page 500 of 502 one meeting w. Dutch tour operators and media, 70 travel agents attended the trainings sessions on day 2 . Naples, Marco Island & Everglades participated with brochure distribution through Belgian tour operator "Joker Reizen" at 132C travel show "Reisebeurs 2024" on Oct 20 in Melchelen. Over 1,600 North America interested consumers attended the 1 day show and our brochures were distributed through the Florida booth of Joker Reizen. Addendum • DiaMonde Clipping Report October 2024 23 Page 501 of 502 PARADISE COAST SPORTS COMPLEX (PCSC) — STAFF REPORT Marissa Baker, Sports Complex Manager with Collier County Reporting Period: November (Financials) & January - February 2025 Events PCSC General • The Month of January: Legends Concert Series, Florida Fast Pitch Convention, True Lacrosse All Region Games, Paradise Cup, XPO Lacrosse, Lacrosse and Soccer Masters, and NXT Lacrosse! • The Month of February: Legends Concert Series, Big Ten Officiating Clinic, National Scouting Combine, 2025 Wolf Stock, Weston Cup, SWFL Shootout, and various local programming groups during the week! PCSC November 2024 Financials None mbe r 2024 % of Actual Budget over Budget Budget Revenue $330,278 $ 538.575 $ (208,297) 61% Cast of Goods Sold $ 98,946 $ 231.292 S �132,346j 43% Gross Profit $231,332 $ 307,283 $ (75,951) 75% Expenses $138,032 $ 199,414 S (61,382) 69% Net Operating Income S 93,300 $ 107.869 S �14,569) -14% YfD 2024 % of Actual Budget over Budget Budget Revenue $ 4.97,510 $ 932,925 $ (345,415) 59% Cast of Goods Sold $ 172,444 $ 381.709 $ (209,265) 45% Gross Profit $ 315,066 $ 451,216 $ (136,150) 70% Expenses $ 241,302 $ 363,798 $ (122,486) 66% Net Operating Income S 73,764 $ 87,428 $ �13,664] -1691. PCSC Marketing strategy - 2025 • Mix of paid marketing strategies and community involvement. • Paid local marketing to drive revenue for The Cove, Factory, Custom Threads and Events. • Attendance at major sporting conventions to enhance our presence on a national scale. PCSC Maintenance The two most requested amenities at the Paradise Coast Sports Complex continue to be a playground and additional shade. • Great Wolf Lodge has provided payment consistent with terms for amenity at PCSC. • The inclusion of a pavilion structure providing shade is considered for future development. We have some projects/purchases that are in process: • FPL Sports Lighting for sand volleyball courts • Post Storm Fence/Shade Repairs in process. • Installation of sport lockers in stadium locker rooms completed. 24 Page 502 of 502