The URL can be used to link to this page

Backup Documents 07/08/2025 Item #16C 1 ORIGINAL DOCUMENTS.CHECKLIST & ROUTING SLIP 1 g C 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 2. County Attorney Office County Attorney Office )2'. 71/ 4. BCC Office Board of County Commissioners 4. Minutes and Records Clerk of Courts Office /451: ,�� 95 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Cole Chandler/Procurement ✓ Contact Information 239-252-8407 Contact/Department Agenda Date Item was July 8,2025 Agenda Item Number 16.C.1 Approved by the BCC Type of Document Agreement Number of Original Attached Documents Attached PO number or account N/A 24-8279R,H2O H2O Innovation USA, number if document is Innovation USA,INC INC to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be CC signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CC document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on July 8,2025,and all changes made N/A is not during the meeting have been incorporated in the attached document. The County x`lieh an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the I N/A is not BCC, all changes directed by the BCC have been made,and the document is ready for the ,g11,40 an option for rm Chaian's signature. this line. 16C1 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("County" or "Owner") hereby contracts with H2O Innovation USA, Inc. ("Contractor") of 8900 109 Avenue North, Suite 1000, Champlin, Minnesota, 55316, a Foreign Profit Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with NCRWTP Nanofiltration System Upgrades, Invitation to Bid No. 24-8279R ("Project"), as said Work is set forth in the Plans and Specifications prepared by Jacobs Engineering Group, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders, and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: One Million, One Hundred and Forty-Two Thousand, Seven Hundred and Seventy-Eight Dollars ($1,142,778.00). The amount of Fifty Thousand Dollars ($50,000.00) has been allocated as an Owner's Allowance. Any allowance dollar amount that has been included in the Contractor's Bid Schedule amount is not a guaranteed portion of the aforementioned Contract Amount but rather is only eligible for reimbursement by the Owner if and subject to whether a specific dollar amount of the allowance is expressly authorized by the Owner and formally agreed upon and memorialized by the Parties in writing (the "Owner's Allowance"). Any dollar portion of an Owner's Allowance that is not authorized by the Owner and memorialized by the Parties in writing, via Change Order, shall not be eligible for reimbursement/payment by the Owner as part of a Payment Application submitted by the Contractor. 1 Construction Services Agreement:[2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 Notwithstanding anything to the contrary, the' Contract Amount is subject to escalation/de- escalation to reflect price variations of parts, components, raw materials or transportation attributable to or resulting from: (1) Owner's request to extend originally agreed upon delivery dates or to delay purchase of parts, components or raw materials, and (2) changes due to tariffs, trade policies, laws or regulations. The Owner will only reimburse the Contractor for tariffs directly applicable to the parts, components, raw materials or transportation identified under the Agreement when such costs are unavoidable. No mark-ups are allowed on tariffs. To be eligible for reimbursement, the Contractor must notify the Owner in advance of purchasing the parts, components or raw materials or transportation, and must provide official documentation demonstrating the impact of the tariff, such as commercial invoices, bills of lading/shipping documents, and/or other equivalent backup documentation. If equivalent domestic non-tariff impacted parts, components, raw materials or transportation are available, the Contractor must present those equivalent goods for the Owner's consideration as to whether such substitute goods are acceptable. If the Owner fails to respond to the Contractor as to the acceptability of such non-tariff impacted goods within five (5) of receipt of the Contractor's request to review the substitute goods, the Contractor can proceed with the purchase of the tariff-impacted goods. If any parts, components or raw materials are no longer subject to escalated prices due to tariffs, trade policies, laws or regulations, from the date that the tariff, trade policies, law or regulation is no longer applicable, the Contractor's originally bid price for such goods shall revert as the invoice price on such goods acquired from that point forward. 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.html. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. 2 Construction Services Agreement:[2025_ver.1] Section 3, Section 5(subsection E), and Exhibit H(Article 19.3)have been revised by1 16C1 Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within Three Hundred and Thirty-Five (335) 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, Five Hundred and Sixty-Eight ($568.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess, and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date 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. 3 Construction Services Agreement: [2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 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. Notwithstanding anything to the contrary, the Contractor's liability shall in no event exceed 100% of the Contract Amount(plus any actual amount of the Allowance that is incorporated into the project), and neither party shall be held liable for consequential, indirect or special damages, unless attributable to gross negligence, bodily harm or third-party claims." F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work, as more particularly defined herein at Section 16, Defined Terms. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto, and made a part of this Agreement for Solicitation #24-8279R NCRWTP Nanofiltration System Upgrades. 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 n Not Applicable Exhibit B-2: Performance Bond Form ❑ Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form 4 Construction Services Agreement:[2025_ver.1] Section 3, Section 5(subsection E), and Exhibit H(Article 19.3)have been revised 16C1 Exhibit D-1: Contractor Application for Payment Form Exhibit D-2: Schedule of Values Exhibit D-3: Stored Materials Record Exhibit E-1: Change Order Form Exhibit E-2 Work Directive Form Exhibit F-1: Certificate of Substantial Completion Form Exhibit F-2: Certificate of Final Completion Exhibit F-3: Punch List Form Exhibit G-1: Final Payment Checklist Exhibit G-2: Warranty Exhibit H: General Terms and Conditions Exhibit I-1: Supplemental Terms and Conditions U 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 24-8279R NCRWTP Nanofiltration System Upgrades. 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 (1Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by: Jacobs Engineering Group, Inc. ®Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail or E-mail, addressed to the following: Collier County Board of County Commissioners, FL do Engineering and Project Management Division 3339 Tamiami Trail East Naples, Florida, 34112 Attn: Tom Sivert— Project Manager III Phone: 239-252-5376 Email: Tom.Sivert@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: H2O Innovation USA, Inc. 8227 Bunker Lake Blvd., Suite 500 Ramsey, Minnesota, 55303 Attn: Gregory Sato 5 Construction Services Agreement: [2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised J 16C1 Phone: 760-305-2171 Email: Gregory.Sato@h2oinnovation.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under, and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated, and superseded by the Agreement. 6 Construction Services Agreement:[2025_ver.1] Section 3, Section 5(subsection E), and Exhibit H(Article 19.3)have been revised 16C1 Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Procurement Ordinance, as amended, and the terms of the Contract Documents. Section 16. Construction. (i) Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. (ii) Defined Terms: The following Defined Terms used in the Agreement shall be understood to be defined as expressly set forth below. Other terms referenced in the Agreement shall be understood as they may separately be defined herein or if not so defined shall be understood consistent with their natural and ordinary meaning. (a) "Application for Payment" shall mean the form provided by the Owner that is to be used by the Contractor in requesting a progress or final payment and which is to include such supporting documentation as is required by the Contract Documents. (b) "Construction Project" shall mean a Project, funded by Owner funds that involves the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any real property owned or under the control of the Owner, which Work is being performed under a Construction Contract. (c) "Construction Services" shall mean all labor and materials to be provided by Contractor in connection with the construction, alteration, repair, demolition, reconstruction, or any other improvements to real property. Construction Services also means Work. (d) "Contract" or "Contract Documents" shall refer to those documents described in Section 1, subsection A of the Agreement. (e) "Defective" shall mean an adjective which, when modifying the Work, refers to Work that is unsatisfactory, faulty, deficient or otherwise does not conform to the Contract Documents. (f) "Department" shall mean the Department or Division initiating and managing the Project on behalf of the Owner. (g) "Director" shall mean the Director or Administrator of the Department or Division initiating and managing the Project on behalf of the Owner. 7 Construction Services Agreement. [2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised CAO 16C1 (h) "Final Acceptance" shall mean acceptance of the Work by the Owner as evidenced by the signature of the Project Manager or Design Professional upon the Certificate of Final Completion form, Exhibit F-2. Final Acceptance shall be deemed to have taken place only if and when such signature is affixed to such certificate. The Certificate of Final Completion shall be signed only after the Project Manager has assurance by tests, inspection, or otherwise that all of the provisions of the Contract Documents have been carried out, including completion of the Punch List form, Exhibit F-3. (i) "Professional" or "Design Professional" shall mean the professional architectural/engineering firm designated to perform the design, Construction Engineering and Inspection ("CEI") services, by an existing agreement, or resident in-house Owner engineering services for the Work. At times, Owner staff may perform the design for the Work in-house and shall be considered the Professional in relation to the Work or a particular portion of the Work. (j) "Project" shall mean the total construction, of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents. (k) "Project Manager" shall mean an individual employed by the Owner and assigned to manage and administer the Project which is the subject of the Contract Documents. (I) "Proper Invoice" shall mean an invoice that conforms with all statutory requirements and all requirements specified in the Contract Documents. (m)"Punch List" shall mean the approved list of incomplete and/or deficient Work that shall be completed by the Contractor after Substantial Completion but before the Final Acceptance can be certified by the Project Manager. The Punch List enumerates the items required to render complete, satisfactory and acceptable all Work by the Contractor. The Punch List is developed by the Contractor, Owner and Professional (if any) in accordance with the provisions of the Contract and within the time frames required therein. The Punch List essentially includes items of a minor nature; major items must be completed before Substantial Completion and cannot be considered to be Punch List work. (n) "Schedule of Values" shall mean a schedule showing all activities of the Work subdivided into component parts in sufficient detail to serve as the basis for measuring quantities in place and/or calculating amounts for progress payments during construction. The Schedule of Values shall be satisfactory in form and substance to the Project Manager. (o) "Substantial Completion" shall mean the status of completion of the Work which, in the opinion of the Project Manager as evidenced by a definitive Certificate of Substantial Completion, is complete in accordance with the Contract Documents, except for minor outstanding items listed on the Punch List. Substantial Completion includes, but is not limited to, the following occurring: (1) the Work can be safely utilized for the purposes for which it was intended; (2) all regulatory agency requirements are satisfied, including occupancy permits, operating certificates and similar releases, (3) all operational testing has successfully 8 Construction Services Agreement:[2025_ver.1] Section 3,Section 5(subsection E), and Exhibit H(Article 19.3)have been revised CAO 1 6 C 1 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 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] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised CAO 16C1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: H2O Innovation USA, Inc. FIRST WITNESS il-r) '.r`i J MAn By: ..,..57;;•-~<,;,z-- rintN C �',�.vv� l-c :ncr;)C CLC S IMCV24�Cv' Print Name'and Title NESS 1`k- t• iZ*/ L, /t1A P ev Date: q ?Z. a C Print Name ATTEST: OWNER: Crystal K. Kinzel,-Clerk of Courts BOARD OF COUNTY COMMISSIONERS & Comptroller ... OF COLLIER COUNTY FLORIDA 1 . BY: BY: Attest as to Chairman's u L. Saunders , Chairman signature only Date: q i6 Z26 ite oved as to F m and Legality: County Attorney &,-/-/-- R 7—e-,4 G L._ Print Name <6)rr..- 1• Construction Services Agreement:[2025 ver.1] 16C1 EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 11 Construction Services Agreement: [2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised t+f 1 6C North County Regional Water Treatment Plant Nanofiltration System Upgrades Construction ITB Solicitation Number 24-8279R Bid Schedule Item DESCRIPTION UNIT QTY UNIT COST TOTAL COST No. 1 8-inch diameter by 40-inch long, spiral- EA 1,158 487 $ 563,946.00 wound membrane elements 2 Sample Panels with Valves, Fittings and EA 6 10,000 $ 60,000.00 Tubing 3 Installation, Warranty and Startup EA 6 86,472 $ 518,832.00 Supervision Total Bid Amount $ 1,142,778.00 *Staff has allocated$50,000.00 in Owner's Allowance-for Owners Use as Directed.This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the Owner.Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance.Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change. Proposed membrane element type (manufacturer/ model): Toray/TMH2OA-400C 24-8279R__Bid_Schedule Page 1 of 1 1 6C 1 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 12 Construction Services Agreement: [2025_ver.1] Section 3, Section 5(subsection E), and Exhibit H(Article 19.3)have been revised 16C1 FORM 1 BID RESPONSE FORM j BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA North County Regional Water Treatment Plant Nanafiltratlon System Upgrades BID NO.24-8279 Full Name of Bidder H2O Innovation USA, Inc Main Business Address8227 Bunker Lake Blvd, Suite 500, Ramsey, MN, 55303 Place ofl3nsiness 8227 Bunker Lake Blvd, Suite 500, Ramsey, MN, 55303 Telephone No. (763) 566 8961 Fax No. State Contractor's License# State of Florida Certificate of Authority Document NumberF07000002161 Federal Tax Identification Number 20-5584930 DUNS rt! 06-326-1412 ccc N/A Cage Code N/A 'to: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA (hereinafter called the Owner) The undersigned,as Bidder declares that the only person or parties interested in this Bid as principals are those named herein,that this Bid is submitted without collusion with any other person, firm or corporation;that it has carefully examined the location of the proposed Work,the proposed form of Agreement and all other Contract Documents and Bonds,and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary ,machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth,furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract,and to do all other things required of the Contractor by the Contract Documents,and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points,and in the case where further decimal points are Inadvertently provided,rounding to two decimal points will be conducted by Procurement Services Division sta ff. 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 arc 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 Succesaf'ul 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 Birder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder, The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the Constwcflon Solicitation Doc rev 04152022 CAO 16C1 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 three hundred and thirty- five(335)consecutive calendar days,computed by excluding the commencement date and including the last day of such period,and to be fully completed to the point of final acceptance by the Owner within thirty(30)consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent Signature: �i�''�.P ?G '----- _..__... Title: Inside Sales Manager Date: 02/27/2025 Construction Solicitation Doc rev 04 152022 CAO 16C1 FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO Ti I E PROJECT North County Regional Water Treatment Plant Nanoflttration System Upgrades Rid No.24-8279 Name Pummel Cartcs oa Shawn Eastman-shawn.eastman@h2olnnovation.com Construction Superintendent Aftermarket Manager-Service Gregory Sato-Gregory.sato@h2oinnovation.com Project Manager Inside Sales Manager Construction Saticilotion Doc my 04152022 CAC 1 6 C 1 FORM 3-MATERIAL MANUFACTURERS 1 THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature tlhal they will provide the manufacturers and materials outlined iii this[lid 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 arc 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 minted 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}aid specifications. Company: H2O Innovation USA, Inc Signature: Clete: 02/27/2025 Section B(Exception requested to Bid specifications manufacturers and materials) EXCEPTION MAT l•'h I A I. EXCEPTION MANUFACTURER 2. 3. 4. S. Please insert additional pages as necessary. Company: - Signature: Date Construction Solicitation Doc rev 04152022 cop, 1 6C 1 FORM 4-LIST OF MAJOR SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR Bli)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 ur:knowledges its responsibility fur ensuring that the Subcontractors for the major categories listed herein are"qualified"(as defined in Ordinance 2017-08 and Section 1S 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 NIA 4. Site Work N/A 5. Identify other subcontractors that represent more than 10% I N/A of price or that affect the critical path of the schedule company: H2O Innovation USA, Inc Signature: Date:_02/27/2025 Construction Solicitation Doc rev 04 152022 16C1 FORM 5-STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSI ULE. The Bidder is required provide five(5)project references,stated below,of what work of similar magnitude completed within the last five(5)years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. City of Delaware Water Treatment Plant City of Delaware (project name) (project owner) 3080 US Highway 23 North, Ohio Delaware, Ohio 43015 (project location) (Owner's address) 700 membranes, 5.1 MGD Thomas P. Hinson Water Plant Manager (project description) (Owner's contact person) (title) Aug - Oct 2023 $� 740-203-1926 thinson cz delawareohio,net (project start/completion dates) (contract value) (phone) (email) 2. Reynolds Groundwater Desalination Facility Sweetwater Authority (project name) (project owner) San Diego, CA 505 Garrett Ave, Chula Vista, CA 91910 (project location) (Owner's address) 1000 membranes, 10 MGD Justin Brazil Director of Water Quality (project description) (Owner's contact person) (title) March 23 - October 24 $ 619-409-6802 ibrazil@sweetwater.org (project start/completion dates) (contract value) (phone) (email) El Paso Water CDM Smith (project name) (project owner) Texas, USA 800 Canal Rd, El Paso, TX 79901 (project location) (Owner's address) NF 504 & RO 1958, 27.7 MGD Isaac Campos Flores PhD, PE, Principal Engineer (project description) (Owner's contact person) (title) March 19 - Feb 20 $ 9515416221 camposfloresi©cdmsmith.com (project start/completion dates) (contract value) (phone) (email) Construction Solicitation Doc rev 04152022 CAD 1 6 C 1 FORMS-STATEMENT OF EXPERIENCE OF BIDDER ` Cooper City Cooper City (project name) (project owner) Cooper City, FL 11791 Southwest 49th Street (project location) (Owner's address) 1204 RO membrane, 7.0 MGD Ryan Webster Maintenance Manager (project description) (Owner's contact person) — (title) January 2025 $ 1,099,480 RWebsteracoopercity.gov (project completion date) (contract value) (phone) (email) 5. City of Sherman City of Sherman (project name) (project owner) Texas, USA 243 La Cima Rd, Sherman, TX 75092 (project location) (Owner's address) 476 RO membrane, 3 MGD Lori Sanders (project description) (Owner's contact person) (title) Oct 2023 $ 2.2 Million (903)-892-2222 (project completion date) (contract value) (phone) (email) Company: H2O Innovation USA, Inc Signature: Date: 02/27./2025 Construction Solicitation Doc rev 04152022 CAD 1 6 C 1 I FORM 6-TRENCH SAFETY ACT Tills 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 Ad(90-96,Laws of Florida)effective October I, 1990.The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure (Quantity) Cost (Description) iLF.SY) N/A N/A N/A N/A N/A 2. N/A _ . - _ 3. N/A - - _ 4. N/A _ - 5. N/A _ _ _ TOTAL $ H20 Innovation USA, Inc Company: Signature: 4 ----91(0------ Date: 02/27/2025 — Construction Solicitation Doc rev 04152022 CNO 16C1 I FORM 7-BID BOND THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSiVE(NON- RESPON1SBLE #BDTO.470002-025-005 KNOW ALL MEN BY THESE PRESENTS, that we H20 INNOVATION USA,INC, (herein after called the Principal) and LIBERTY MUTUAL INSURANCE COMPANY , (herein called the Surety), a corporation chartered and existing under the laws of the State of a inssncuuasETTs with its principal offices in the city of BOSTON and authorized to do business in the State of FLORIDA are held and firmly bound unto the BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY,FLORIDA(hereinafter called the Owner),in the full and just sum of FIVE PERCENT OF THE TOTAL BID PRICE dollars($ 5% _ )good and lawful money of the United States of America,to he paid upon demand of the Owner,to which payment well and truly to he made,the Principal and the Surety bind themselves,their heirs,and executors,administrators,and assigns,jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor,materials, equipment and incidentals necessary to furnish,install,and fully complete the Work on the Project known as Bid No. 24-S279R North County Regional Water Treatment Plant Nanofiltration System Upgrades. 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 o such Bid,and give such bond or bonds in an amount of 100Vit the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor,materials and supplies furnished in the prosecution thereof or,in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds,and deliver to Owner the required rtVE RCE Off certificates of insurance,if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$TOTrtPEt BiD pNTmtc.siTHE noted above as liquidated damages,and not as a penalty,as provided in the Bidding Documents,then this obligation shall be null and void,otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 1901 day of February ,2025 H20iNNOVATION USA,INC. Principal BY (Seal) LIBE MUTUAL INSURANCE COMPANY Surety By. 4. C t I k A _ .ti • u INBUR Lisa bane torney-In-Fact / Countrsign 912 o Appointed Producing Agent for ss4eHUS` 1a� Seal No,5089 16C1 This Power of Attorney lints the acts of those named herein,and they have no aitUiorfty to 7 bind the Company except in the manner and to the extent herein stated, ^ Liberty Liberty Mutual Insurance Company Certificate No:sz1D551-8tifl099 l .utua,LL The Ohio Casualty Insurance Company _.,.-.. _. West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS EY THESE PRESENTS:Thal The Ohio Casualty Insurance Company Is a corporation duly organized under the laws of the Stele of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company Is a corporation duly organized under the laws of the State of Indiana(herein collectively calted the"Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, l,isn Helancer,Deena Merle Rorie,Alison Chambers,David W.Gates:,Robert J.Garese,Maria I antcla Duran Rufino,A.Catherine Skeen,Brooke A.Skeen all of the city of Sacramento state of CA each Individually if there be more than one named,its true end lawful atiorneyin-lact to make, execute,seal,acknow sage and deliver,for and on Its behalf as surety and silts eel and dead,any and all undertakings,bonds,recugnizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their awn proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto Unis I Ali day of Febrnan , 2025 - Liberty Mutual insurance Company nt+su� �i'r wwe& a 1NSUp� The Ohio Casually Insurance Company i$o,-ooR,"by�m yd'��7ore,,tat, �4 ooaPor� C+ West American Insurance Company r t m 6- S' t 3 t o 1912 , 0 � s1919W - a 1991 n 44.4:-:). .y /' O /O ~`� �P �0��•N�ws��4 D4 ' ,r' �NOIAN�f L '. , '�.rQJ 48 �r1 r# dad ''yl*Ps- ��M*s"�a Sy'__.. _ --•Q•Tc David M.Carey,Assistant Secretary c5 p State ofPENNSYLVANIA E e County of MONTGOMERY SS o a ra 5'On this Kith day of Fehruara 2025 before me personally appeared David M,Carey.who acknowledged himself to be the Assistant Secretary of Liberty Mutual insurance 8 o o i Company,The Ohio Casually Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing Instrument for the purposes ea 6 - therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 5 CC Qr (13_ IN WITNESS WHEREOF,I have hereunto subscribed my name and aft xed my notarial seal at Plymouth Meeting.Pennsylvania,on the day and year first above written. `a u t'fN Nisi, R.8 its yy. l• _._._._._ (� 4' Comrcromveaga of Po.nayNani,.Notary Seal ,/.,,w ` r�?o ,ONW�*i (C Teresa Paakna,Notary Pubis •! E E -p I r-.,t, Q.> Monigomsn'County it', V`f% 1 ,(/(e,pC,J- o , l Of I By: ./',i.t,'-i 4 Alr comnistron expires Mardi 2a 2025 - Cep .,•� 4, • Commission number 51t8W4 _,... .......__ .._.......... =+Q ryNyT —___ __. -- -w-- toresa Paelella,Notary Public [al e aaa. 01:-- M nip,,,a m'0,10 s Asxecr0IAM or N•Nnw CO ,,C13 $t This Pourer of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual z Eg• insurance Company,and West American Insurance Company which resolutions are now In full force and effect reeving as follows: p. 4- ARTICLE IV-OFFICERS:Section 12.Power of Attorney. o 2 Any officer or other official of the Corporation authorized for teat purpose in writing by the Chairmen or the President,and subject to such limitation as the Chairman or the ea o a a President may prase-Me.shell appoint such attorneys-in-fact,as may be necessary to act In behalf of the Corporation to make,execute,seal,acknowledge and deliver as surely • rc any and ail undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall n chi -•L have lull power to h.nd the Corporation by their signature and execution of arty such Instruments and to attach thereto ilia seal of the Corporation,When so executed,such n`ion z v Instruments shaft bees binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any represerntakve or attorney-ln-tact under tine O. at provisions of this article may be revoked al any tine by the Board,the Chairman,the President or by the officer or officers granting such power or authority. LL ARTICLE XIII-Execution oh Contracts:Section:a Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to ad in behalf of the Company Ie make,execute,seal,acknowledge and deliver as surely any and all undertakings, -..--- bonds,recognizances and other surety obligations,Such attorneys-in-tact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind ere Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company.When so executed such insinrnents shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary toappolnl suchatlorneys-in- fac as may be necessary:o act on behalf of the Company to make,execute,seal,acknowledge and deliver as surely any and all undertakings.bonds,recognizanoes and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company Consents that farsirnilo or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed, i,Renee C.Llewellyn,the undersigned.Assistant Secretary,The Ohio Casualty Insurance Company,Liberty MtAuei insurance Company,and West American Insurance Company do hereby eertity that the original power of attorney of which the foregoing Is a foil,true and correct copy of the Power of Attorney executed by said Companies,is In full force and effect and has riot been revoked, iN TESTIMONY WHEREOF,I have hereunto set my hand and attixed the seals of said Companies this 14rli day of February , 2025 v 1Nerai PySY 1Nso,p� � tVISU4, ,Jp'doarontr1+0 yJ oofoorti),:9y, tit'oo Zr>F r 2 �o tr ' 6 w k o t4- !c/� ' 1912 0 0 4 1919 0 6 1991 o y: raea1'aSnc,NSE ab* i0�'aA O- Ay �s 41'nr ne.aa� Renee .L.ewe lyn,Assistant Secretary 0 * yta 1 r I,tx .ay r, LMS-12873 LMIC OCIC WAIC Multi Co 02Th ' t ) 16C1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy, or validity of that document. State of California Sacramento County of } V\\A� Donna Marie Bode, Notary Public On 1 �,t(.'��';1 �� '�QZ.�jbefore me, '1 (insert name and title of the officer) personally appeared Lisa Betancur who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DONNA MANE BOR,AA WITNESS my hand and official seal. COMMISSION*2430459 Noramovocktrotr MY COMMISSON EXPIRES DECEMBER 12,2Q26 , r_ Sea! Signaturgw• .. CAO 16C1 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 sltal 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 wider 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 ofIhsurance 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(sj,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 pan 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 coverageal required herein,the County may terminate the ( Agreement or at its sole discretion shall he authorized to purchase such coveragc(s)and charge the Vendor for such coverages,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 coverages]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. CAO 16C1 Collier County Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits ® 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 Stale 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 ltaps://au,s.fldfs.com/bocexempt/ 2. ►./ Employer's Liability $_1,000,000__single limit per occurrence 3, w:/ 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 current ISO form Injury Liability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 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. S. ®Automobile Liability $_1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired;Automobile Included 6. 0 Other insurance as 0 Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and ilarborworker'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 oldie Services under this Agreement. $ ,Per Occurrence [ ❑Pollution $ Per Occurrence ( ❑Professional Liability $ Per claim&in the aggreg,ate ❑ Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence ❑Cyber Liability $ Per Occurrence ❑Technology Errors&Omissions $ Per Occurrence Cp,O 16C1 7, 0 Bid bond Shall be submitted with proposal response in the form of certified fields, cashiers' check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or proposal bond in a suns 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. ®Performance and For projects in excess of S200,000, 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 1003S, 9. 1.1 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. tsi Collier County must he named as'ADDITIONAL INSURED"or.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. 1� 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 arid all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must rend: Collier County Board of Commissioners, 3295 Tamiami Trail East,Naples,FL 34112 t3. 0 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 he endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk insurance will be addressed by the Collier County Risk Management Division. GG—6/11/24 Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications,agrees to maintain these coverages through the duration of the agreement and/or work performance period,and that the evidence of insurability may he required within five(5)days of notification of recommended award of this solicitation. CAO Client#: 301281 N2INNOV ACORD„, CERTIFICATE OF LIABILITY INSURANCE DATE(MM(DU/YVYY)11r14r2024 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 any rights to the certificate holder In lieu of such endorsement(s). PRODUCER Mir' Tracy Graham Edgewood Partners Ins.Center PHONE 770 232 0202 rax INC,No Extl__— ... SA1C249)... 2405 Satellite Boulevard EMAIL Trac Graham c icbrokers.com Duluth,GA 30096 ADDREssL y._._.-.._._ ....'� __.. Duluth, th,G 232-0202 INSURERS)AFFORDING COVERAGE .NAICP 770INSURER A:XL Insurance America,Inc. 24554 INSURED INSURER e:Travelers Property Casualty Co of Amer 25674 H2O Innovation Operation INSURER C Scottsdale Insurance Company 41297 &Maintenance LLC INSURER O The Travelers Indemnity Company of CT 25682 1710 23rd Avenue - - —_ Gulfport,MS 39501 INS ..F _ i INSURER F: COVERAGES CERTIFICATE NUMBER: 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_.... _. _.._ ._.. ............ _`.AODLSUBRT POLICY EFF POLICYEXP ._... LIMITS.. . .. TYPE OF INSURANCE mm !NM WVO POLICY NUMBER (MMIDONYTYLLMMMIDEPYYYY) A X COMMERCIAL GENERAL LIABILITY X X US00011386L124A 05101/2024 05/01/2025 EACH OCCURRENCE $1 D00 000 _- AM t� r ..W —. t .. I CLAIMS-MADE XI OCCUPi _FREMFS ,6�E o��u mnce]. $100 00 Ml D EXP (Any one per ear) $10,000 _ PERSONAL&ADV INJURY $1,000,000 GFN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $1,000 000 X. POLICY[.._i JEC [__i LOC PRODUCtS-COMP/OPAGC* S1,000 000 UTHErt' $doMrtwFoslnl�tt LtMlr ......... .....__ --_._ ....._. . ..........._ ......__.._—__�._ _._ ,.. D AUTOMOBILE LIABILITY X X HC2ECAP3X459717TCT 11/15/2024 11/15/202 LEe accident)___— 2,000,000 B X ANYAUTO TJBAP3X459729TIL24 11/15/2024 11/15/202 BODILY INJURY(Per person} S OWNED SCHEDULED BODILY INJURY(Per accident) $,^ AUTOS ONLY AU(US HIRED NON-OWN PROPERTY DAMAGE q X AUTOS ONLY X AUTOS ONLYED Per Ka/Ong— _. ._....._.. ..,.._,...„.. $ UMBRELLA LIAR OCCUR EACIT OCCURRENCE $ I CLAIMS-MADE EXCESS-1 AGGREGATE — $ DED I 1 RETENTION$ B WORKERS COMPENSATION X UBA138980324NCT 11/15/2024 11/15/202 X [Mum ii ir'al AND EMPLOYERS'LIABILITY . B ANY PROPRIF TOR/PARTNER/EXECUTIVE—Y f N X UBA138799924NCR 11/15/2024 11/15/202 •r l EACH ACCIDENT $1�0001000 OFFICER/MEMBER EXCLUnE07 I N 1 NIA - ........ (Mandatory In NH) FI DISEASE FA EMPL OYEE $1,Q000 IT yes,describe under ..-- . ...-._ _.__... ,00__ DESCRIPTION OF OFERAI'IONS below E L DISEASE POLICY LIMI I S1.,000,000 C Contractors Poll. VRS0007429 05/01/2024 05/01/2021 $5,000,000 Ea,Poll,Cond Contractors Poll. VRS0007429 05/01/2024 05101/2025 $5,000,000'Aggregate Deductible I $50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more apace is required) First Supplemental Name applies to all policies-H2O Innovation Operation&Maintenance,LLC H2O Innovation USA Holding,Inc. Professional Water Technologies, LLC Piedmont Pacific Corporation Environmental Consultants LLC (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION "Evidence of Insurance" THE ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1 T 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD #S7022310/M7022212 TKIO2 CAO 16C1 DESCRIPTIONS (Continued from Page 1) H2O Innovation USA,Inc. JCO, Inc. Hays Utility South Corporation Gulf Utility Service,Inc. Utility Partners, LLC Automobile Policy: Waiver of Transfer of Rights of Recovery Against Others To Us(Waiver of Subrogation)-Blanket CA T3 40 02 15 Additional Insured Lessor-Additional Insured and Loss Payee-Blanket CA 20 01 10 13 Workers Compensation Policy: Longshore/Harbor Workers Compensation Act WC 04 01 01,WC 00 01 06&WC 99 01 01. Waiver of our Right to Recover WC00 03 13 04 84 Applies to All states and U.S.territories except monopolistic states,Puerto Rico,the U.S.Virgin Islands General Liability Policy: Blanket Additional Insured Owners Lessees or Contractors CG 20 10(12 19) As required by a written contract or written agreement Blanket Additional Insured-Designated Person or Organization CG 20 26(12 19)-As required by a written contract or agreement Blanket Additional Insured UB-A1387999.24-NC-R Owners,lessees or Contractors Schedule Person or Organization Products and Completed Operations CO 20 37(12 19) As required by a written contract or agreement Additional insured Owner,Lessees or Contractors Automatic Status for Other Parties when required in Written Contract CG 20 38(12 19) Primary and Non-Contributing Clause XIL 424(06 05)applies to the policies referenced on the COl when required by written contract Stop Gap Employers Liability Coverage Endorsement-Washington CG 04 42(11 03) Stop Gap Employers Liability Coverage Endorsement Ohio CG 04 41 (03 14) Waiver of Rights of Recovery Against Others to Us CG 24 04(12 19) As required by a written contract. SAGITTA 25,3(2016103) 2 of 2 #S70223101M7022212 16C1 200-5700 Soul.des Galeries,Quebec,QC G2K OHS T 41II 659 41346/1.800 463-2830-.F 4 t8 6.59.2936 E R CERTIFICATE OF INSURANCE Certificate No 219 This certificate is issued as a matter of information only and,unless otherwise set forth herein,grants no right upon the certificate holder. This certificate does not amend,extend nor modify in any way the coverage afforded by the policies below. In the event of conflict between this certificate and the terms and conditions of the insurance policies it evidences,the latter shall prevail. CERTIFICATE HOLDER NAMED INSURED Evidence of coverage H2O Innovation Inc. and/or any subsidiary company, including H2O Innovation USA, Inc. (from time to time dba Professional Water Technologies), Professional Water Technologies,LLC and Piedmont Pacific Corporation 340-330 rue Saint-Valuer Est. Quebec,Q:GIK 9C5 This is to certify that the policies of insurance listed below have been issued to the above Named Insured 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. TYPE OF INSURANCE INSURANCE LIMITS INSURER(S) POLICY(IES)No:. PERIOD (MM/DD/YYYY) Comprehensive General Liability (X)Occurrence basis ( )Claims made basis Per occurrence 2 000 000 USD General aggregate 2 000 000 USD XL Insurance From:05/01/2024 Products/completed operations,aggregate 2 000 000 USD Company SE CA000017191121A To: 05/01/2025 Personal injury and adverlasing liability 2 000 000 USD Tenant's legal liability 2 000 000 USD Medical Expenses 25 000 USD Non-owned automobile Q.P.F.N°6 2 000 000 USD Excess Liability FOLLOW FORM (X)Excess of automobile Iiahility Axis Reinsurance From:Oti/01/7024 (X)Excess of Comprehensive General Liability Company L`fX/67363f3/01/202r4 To: 05/01/2025 (X)Excess of Employers Liability Per occurrence 3 000 000 USD General aggregate 3 000 000 USD NATURE AND PURPOSE OF THE CERTIFICATE ,.n.`. ' ....r m ,..._. ; „.,. , >! w , n,T- H..x, All premises and operations of the insured. SREV,M unw3 5�� 'A, Ei � .... - ::.. r=. i�::i'. b�Y CANCELLATION Should any of the above described policies be cancelled before the expiration date thereof,the insurer(s)will endeavor to mail --days written notice to the Certificate Holder,but failure to in ail such notice shall impose no obligation or Ilabilily of an y kind upon lther the insurer(s). Annie Fournier Date; 23/04/2024 Authorized Representative EgROO1(v0_10/16) CAO 16C1 Co K3r County 1'rrx30r11n tti aetrviva!^ l);Ir,iutt roRm 9—CONFLICT T OF L\'TEREST AFFIDAVIT The Vendor certifies that,to the best of its knowledge and belief,the past and current work on any Co"flies County project affiliated with this solicitation does not pose an organizational conflict as described by one of the thee categories below: Biased ground inlet—The firs has not net the"ground rues' for atTiliated past or current Collier Contr.(' project identified above (erg., 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 fun. Impaired objectirirr—The fum has tot performed work on an affiliated past or current Collier County project identified above to evaluate_proposals 'part peifon nance of itself or a competitor.which calls into question the contractors ability to sender impartial advice to the government. Unequal access to information —The fins has not had access to nonpublic information as part of its perfornnance of a Collier C runty project identified above which may have provided the contractor for as affiliate)with an unfair competitive advantage in current or future solicitations and contacts. In addition to this signed affidavit,the contractor!vendor must provide the following: I. All documents produced as a result of the work completed in the past or currently being worked on for the above- mentioned project,and. 2. Indicate if the information produced was obtained as a matter of public record(in the"sunshine”I or through non- public(not in the"sunshine')conversation(s).meeting(s),docunrent(s)andlor other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified,may remit in the disqualification for future solicitations affiliated with the above referenced proje,ct(s). By the signature below,the firm(employees,officers and/or agents)certifies,and hereby discloses,that,to the best of their knowledge and belief, all relevant facts concerning past, pie sent, 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, H2O Innovation USA, Inc Company Name n1•„e1.4•: Q.:f ' v Signatue Gregory Sato, Inside Sales Manager Print Narne and Title State of Florida County.of Hillsborough The foregoing in:trmentwas acktow edged before me by means of physical presence or!V online norarazation. this 2(ltli day of AUgUSt (month), 2024 (year),bi•_.. Gregory Saar to (name of person acknowledging). k at),c 4-fl . F JttL t'_Crnt..t4. (Signature of Notar}•Public-State of Florida) Katherine Pena Roneu (Print.Type,or Stamp Commissioned Name of Norms(Public) Personally Known OR Produced Identification nira"zeamtrr tt na as so-uoca ms'r nssaroo driver's license Type of Identification Produced : ,t'' r"`+i 4 tom,-nor r'cnr Rom ru Y�; �� ) `s tirotn.nlr'ui uy t'rtI[WI( 4 Jt ,I,rtrtit(I;,e, VII I Il intro ortrotashAt inton:nto...010,! IAtS ('A() 16C1 • Coil ter Graiti1 V Pr(: ii •n,xd St!tvi{ri FORM 10-VENDOR DECLARATION STATE\[ENT BOARD OF COUNTY COMMISSIONERS C°olaer County Governancnt Complex Naples,Florida 34)12 Dear Commissioners: The undersigned,as Vendor declare;that this respotue i made writ::out connection or arrangement with any other person and this proposal is in erey respect fair and made in good faith without c allus:on or fraud. The Vendor hereby declares the instructions,purchase order term,and conditions,seq;z:reuaents,and specification?:cope of work of this- solicitation have beer,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 refrainment to which the solicitation pertains. The Vendor states that the submitted is based upon the document; listed by the above referenced Solicitation. Further,the vendor agrees that if asrtrded a contract for these goods author services,the vendor wilt 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 WHF-REOF.WE have hereunto subscribed our names on this 27th day of February ,2025 the County of Anoka .in the State of Minnesota Film':Legal H2O Innovation USA, Inc Name: Address: 8227 Bunker Lake Blvd, Suite 500 City.State,Zip Ramsey, MN, 55303 Code: Florida F07000002'161 Certi5 cat.of Authority Document .:umber Federal Tax 20-5584930 Identifica5on Number 'CC:R 4 or CAGE Code 'Only if Grant Funded Telephone: (763)56G-8961 E as gregory.satto@h2oinnovation.com signature by: / i:.s... S vc{� (Typed and written) Title: Inside Sales Manager 1 6 C 1 Additional Contact Information Send payments to: H20 Innovation LISA, Inc (required tf diffinent COMPnly name uteri z payee from above) Contact name: Melissa Schleif Title: Customer Service Representative Addre : 8227 Bunker Lake Blvd, Suite 500 City,State,ZIP Ramsey, MN, 55303 Telephone: (763)566-8961 Email: Melissa.Schleif(a)112oinnovation.com Office servicing Collier H20 innovaton USA, Inc County to place orders (requited if different from above) Contact name: Gregory Sato Title: Inside Sales Manager Addrels: 8227 Bunker Lake Blvd, Suite 500 City.State, Ramsey, MN, 55303 ZIP Tlephone: 760 305 2171 e gregory_satoAh2oinnovation.com Secondary Contact for Jerry Tegels this Solicitation: Email. gerald.tegels@h2oinnovaVon.com Phone.: (515)249-9637 16C1 Cofer Comity Procurement Services Division FORM I l-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 lime 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 hid 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(c)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[NA 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 fi448,495,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, H2O Innovation USA, Inc Company Name o S ignature Gregory Sato, Inside Sales Manager Print Name and Title State of Florida County of Hillsborough_ / The foregoing instrument was acknowledged before me by means of 0 physical presence or i$J online notarization, this_20th day of_august (month), 2024 (year),by Gregory Sato (name of person acknowledging). C1 g� t/11414tt Pt4I.t1- kvrrn a, (Signature of Notary Public-State of Florida) Katherine Pena Romeu (Print,Type,or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Notarized online using audio-video communication driver's license Type of Identification Produced pN'G h T^tRy"'., Katherine Pena Romeu M. ' c Electronic Notary Public =U _.J • a State of Florida 'w Commission#; HH 391267 `,` '•Qr,`�Commission Expires: 04/26/2027 'OF F1.�,,/ CAO 16C1 Additional Contact information Send payments to: H2O Innovation USA, Inc (required if different Company name used as payee from above) Contact name: Melissa Schleif Title: Customer Service Representative Address: 8227 Bunker Lake Blvd, Suite 500 City,State,ZIP Ramsey, MN, 55303 Telephone: (763) 566-8961 Email: Melissa.Schleif@h2oinnovation.com Office servicing Collier H2O Innovation USA, Inc County to place orders (required ifdifferent from above) Contact name: Gregory Sato Title: Inside Sales Manager Address: 8227 Bunker Lake Blvd, Suite 500 City,State,ZIP Ramsey, MN, 55303 Telephone: 760 305 2171 Email: gregory.sato@h2oinnovation.corn Secondary Contact for Jerry Tegels this Solicitation: Email: gerald.tegels@h2oinnovation.com Phone: (515) 249 - 9637 16C1 lilllli VerifyFAP Ae +'��yhtRH , JYINIFV IF A IFAVICF OF ONIANO SSA Company ID Number: 1215852 Client Company ID Number: 1753245 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS USING A WEB SERVICES E-VERIFY EMPLOYER AGENT ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security(DHS),the H2O Innovation USA Inc (Employer),and the Web Services E-Verify Employer Agent. The purpose of this agreement is to set forth terms and conditions which the Employer and the Web Services[-Verify Employer Agent will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9,Employment Eligibility Verification (Form I-9).This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the E-Verify Employer Agent,the Social Security Administration (SSA),and DHS. References in this MOU to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. For purposes of this MOU,the E-Verify browser refers to the website that provides direct access to the E-Verify system: https://E-Verifv.uscis.govlemp/. You may access E-Verify directly free of charge via the E-Verify browser, Authority for the E-Verify program is found in Title IV,Subtitle A,of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996(IIR►`?A),Pub. L. 104-208,110 Stat.3009, as amended(8 U.S.C.§1324a note).The Federal Acquisition Regulation (FAR)Subpart 22.18,"Employment Eligibility Verification"and Executive Order 12989,as amended,provide authority for Federal cor tractors and subcontractors (Federal contractor)to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER For purposes of this MOU,references to the Employer include the Web Services[-Verify Employer Agent when acting on behalf of the Employer. 1. By enrolling in E-Verify and signing the applicable MOU,the Employer asserts that it is a legitimate company which Intends to use E-Verify for legitimate pur poses only and in accordance with the laws,regulations and DHS policies and procedures relating to the use of[-Verify. Page 1 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent Revision Date 06/01/13 16C1 wr ate', l e s� r. xt/r4r 11�+ �vl'1<�C Ati k-VVRIFY I SI DIAS'fCS Of MO AND SSA Company ID Number: 1215852 Client Company ID Number: 1753245 2. The Employer agrees to display the following notices supplied by OHS(though the Web Services E-Verify Employer Agent)In a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation h, Notice of Right to Work 3. The Employer agrees to provide to the SSA and DHS the names,titles,addresses,and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and OHS whenever the representatives'contact information changes. 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual,The Employer will obtain the E-Vcrify User Manual from the Web Services E-Verify Employer Agent,and wilt be notified by the Web Services E-Verify Employer Agent when a new version of the[-Verify User Manual becomes available. 5. The Employer agrees to comply with current Form 1-9 procedures,with two exceptions: a. If an employee presents a "List B" identity document,the Employer agrees to only accept"List B" documents that contain a photo. (List B documents identified in 8 C.F.R.274a,2(b)(1)(B))can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons,the Employer should contact E-Verify at 888-464-4218, b. If an employee presents a DHS Form I-551(Permanent Resident Card),Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9,the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9.The Employer will use the photocopy to verify the photo and to assist OHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph,employees still retain the right to present any List A,or List B and List C,document(s)to complete the Form 1-9. 6. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 7. The Employer agrees that,although it participates in E-Verify,the Employer has a responsibility to complete,retain,and make available for inspection Forms 1-9 that relate to its employees,or from other requirements of applicable regulations or laws,including the obligation to comply with the antidiscrimination requirements of section 274E of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA; (1) List B identity documents must have photos,as described in paragraph 6 above;(2)When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures,the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of Page 2 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent Revision Date 06/01/13 4( i. 16C1 E-Verily }3 '"fv,t �}{ INCAIFV it A AFRWI{i A{MIS AMU SSA Company ID Number: 1215£352 Client Company ID Number:1753245 the Immigration and Nationality Act(INA)with respect to the hiring of that employee;(3) If the Employer receives a final nonconfirmation for an employee,but continues to employ that person,the Employer must notify DHS and the Employer is subject to a civil money penalty between$550 and$1,100 for each failure to notify DI IS of continued employment following a final nonconfirmation;(4)If the Employer continues to employ an employee after receiving a final nonconfirmation,then the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A);and(5)no[-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections,as well as any other enforcement or compliance activity authorized by law,including site visits,to ensure proper use of F.-Verify. 8. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired(after both Sections 1 and 2 of Form 1-9 have been completed),and to complete as many steps o4 the E-Verify process as are necessary according to the E-Verify User Manual.if EVcrify is temporarily unavailable,the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting,in good faith,to make inquiries during the period of unavailability. 9. The Employer agrees not to use E-Verify for pre-employment screening of job applicants,in support of any unlawful employment practice,or for any other use that this MOU or the[-Verify User Manual does not authorize. 10.The Employer must use L Verify(through its Web Services C-Verify Employer Agent)for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU, Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article li.i3 of this MOU. 11.The Employer agrees to follow appropriate procedures(see Article lli below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency La employees, The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding,and not take adverse action against employees if they choose to contest the finding,while their case is still pending.Further,when employees contest a tentative nonconfirmation based upon a photo mismatch,the Employer must take additional steps (see Article 111.13 below)to contact DI IS with information necessary to resolve the challenge. 12.The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge(as defined in a C.F.R.§274a.1(l))that the employee is not work authorized.The Employer understands that an initial inability of the SSA or DHS automated Page 3 of 25 E-Verily MOU(or Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 CAO 16C1 [•VC IIFV ISR 3[R Vtrt Or 01131111p 3tR Company ID Number: 1215852 Client Company ID Number: 1753245 verification system to verify work authorization,a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case),or the finding of a photo mismatch,does not establish,and should not be interpreted as,evidence that the employee is not work authorized.In any of such cases,the employee must be provided a full and fair opportunity to contest the finding,and if he or she does so,the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying,reducing,or extending work hours,delaying or preventing training,requiring an employee to work in poorer conditions,withholding pay,refusing to assign the employee to a Federal contract or other assignment,or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued.If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued,then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218(customer service)or 1-888-897-7781(worker hotline). 13. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring,firing,employment eligibility verification,or recruitment or referral practices because of his or her national origin or citizenship status,or by committing discriminatory documentary practices.The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part 0 below,or discharging or refusing to hire employees because they appear or sound "foreign"or have received tentative nonconfirmations.The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274E of the INA could subject the Employer to civil penalties, back pay awards,and other sanctions,and violations of Title VII could subject the Employer to back pay awards,compensatory and punitive damages.Violations of either section 2.74E of the INA or Title Vil may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision,it should contact OSC at 1-800-255-8155 or 1-800-237-2515(TOD). 14. The Employer agrees that it will use the information it receives from E-Verify(through its Web Services E-Verify Employer Agent) only to confirm the employment eligibility of employees as authorized by this MOU,The Employer agrees that it will safeguard this information,and means of access to it(such as Personal Identification Numbers and passwords),to ensure that it is not used for any other purpose and as necessary to protect its confidentiality,including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU,except for such dissemination as may be authorized in advance by SSA or OHS for legitimate purposes. 15, The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data.All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verifvruscis.dhs,€ov. Please use"Frivacy Incident-Password" in the subject line of your email when sending a breach report to E-Verify. 1.6. The Employer acknowledges that the information it receives from SSA through its Web Services Page 4 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 CAO 16C1 t,Vt Mr,1, SLMVI<i Gt CM AUV SSA Company ID Number: 1215852 Client Company ID Number: 1753245 E-Verify Employer Agent is governed by the Privacy Act(5 U.S.C.§552a(i)(1) and (3)) and the Social Security Act(42 U.S.C.1306(a)),Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may he subject to criminal penalties. 17. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify,which includes permitting OHS, SSA,their contractors and other agents,upon reasonable notice,to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify,and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 18, The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website,in advertising materials,or other media. The Employer shall not describe its services as federally-approved,federally-certified,or federally-recognized,or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 19. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by OHS, USCIS or the Verification Division,without first obtaining the prior written consent of OHS. 20, The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/ USCIS(see M-795(Web)) and,other than pursuant to the specific terms of such license,may not be used in any manner that might imply that the Employer's services,products,websites,or publications are sponsored by,endorsed by,licensed by,or affiliated with OHS, USCiS,or E-Verify. 21. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU,the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU, B. RESPONSIBILITIES OF THE WEB SERVICES E-VERIFY EMPLOYER AGENT 1. The Web Services E-Verify Employer Agent agrees to complete its Web Services interface no later than six months after the date the Web Services User signs this MOU. E-Verify considers your interface to be complete once it has been built pursuant to the Interface Control.Agreement(ICA),submitted to E-Verify for testing, and approved for system access, 2. The Web Services E-Verify Employer Agent agrees to perform sufficient maintenance on the Web Services interface in accordance with the requirements listed in the ICA. These requirements include,but are not limited to,updating the Web Services interface to ensure that any updates or enhancements are incorporated no later than six months after the issuance of an ICA. Web Services E-Verify Employer Agents should be aware that this will require the investment of time and resources.Compliance with the requirements of the ICA must be carried out to the satisfaction of OHS and or its assignees, 3, The Web Services E-Verify Employer Agent agrees to provide to SSA and/or OHS the names,titles,addresses, e-mail addresses,and telephone numbers of the Web Services E-Verify Employer Agent representative who will access information,as well as ensure cooperation,communication,and coordination with E-Verify. Page 5 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent f Revision Date 06/01/13 1`1\ 16C1 l L YtN IAY If A tERYldt Of OM AND INA Company ID Number: 1215852 Client Company ID Number: 1753245 In addition,Web Services E-Verify Employer Agents must provide to SSA and/or DHS the names,titles, addresses, and telephone numbers of its clients and their staff who wi.l access information through E- Verify.Web Services E-Verify Employer Agents must ensure the contact information is updated with SSA and DHS whenever the points of contact change. 4. The Web Services E-Verify Employer Agent agrees to become familiar with and comply with the E-Verify User Manual and provide a copy of the most current version of the manual to the Employer so that the Employer can become familiar with and comply with E-Verify policy and procedures.The Web Services E-Verify Employer Agent agrees to obtain a revised E-Verify User Manual as it becomes available and to provide a copy of the revised version to the Employer no later than 30 days after the manual becomes available. 5. The Web Services E-Verify Employer Agent agrees that any person accessing E-Verify on its behalf is trained on the most recent E-Verify policy and procedures. 6. The Web Services E-Verify Employer Agent agrees that any of its representatives who will perform employment verification cases will complete the E-Verify Tutorial before that individual initiates any cases. a. The Web Services E-Verify Employer Agent agrees that all of its representatives wilt take the refresher tutorials initiated by E-Verify as a condition of continued use of t-Verify,including any tutorials for Federal contractors,if any of the Employers represented by the Web Services E-Verify Employer Agent is a Federal contractor. b. Failure to complete a refresher tutorial will prevent the Web Services E-Verify Employer Agent and Employer from continued use of E-Verify. 7. The Web Services E-Verify Employer Agent agrees to grant E-Verify access only to current employees who need E-Verify access. The Web Services E-Verify Employer Agent must promptly terminate an employee's E-Verify access if the employee is separated from the company or no longer needs access to E-Verify, 8, The Web Services E-Verify Employer Agent agrees to obtain the necessary equipment to use E-Verify as required by the E-Verify rules and regulations as modified from time to time. 9. The Web Services E-Verify Employer Agent agrees to,consistent with applicable laws,regulations,and policies,commit sufficient personnel and resources to meet the requirements of this MOU. 10. The Web Services E-Verify Employer Agent agrees to provide its clients with training on E-Verify processes, policies,and procedures. The E-Verify Employer Agent also agrees to provide its clients with ongoing E-Verify training as needed. E-Verify is not responsible for providing training to clients of E-Verify Employer Agents. 11. The Web Services E-Verify Employer Agent agrees to provide the Employer with the notices described in Article 1I.13.2 below, 12. The Web Services E-Verify Employer Agent agrees to create E-Verify cases for the Employer it represents in accordance with the E-Verify Manual, the E-Verify Web-Based Tutorial and all other published E-Verify Page 6 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 16C1 SfS{D _verify ts, . iihir o`} �AgstP�4� t•VtHIPV$A}t NYICS Of RIPS*Nh Sth Company ID Number: 1215852 Client Company ID Number: 1753245 rules and procedures. The Web Services[-Verify Employer Agent will create[-Verify cases using information provided by the Employer and will immediately communicate the response back to the Employer. if E-Verify is temporarily unavailable,the three-day time period will be extended until it is again operational in order to accommodate the Web Services E-Verify Employer Agent's attempting,in good faith,to make inquiries on behalf of the Employer during the period of unavailability. If,however,the Web Services interface is unavailable due to no fault of E-Verify,then the three-day time period is not extended, In such a case,the Web Services E-Verify Employer Agent must use the E-Verify browser during the outage. 13. The Web Services E-Verify Employer Agent agrees to ensure that all notices, referral letters and any other materials otherwise including instructions regarding tentative nonconfirmations,will be consistent with the most current E-Verify tentative nonconfirmation notices and referral letters,which are available on E-Verify's website. 14. The Web Services E-Verify Employer Agent agrees that any system or interface it develops will follow the steps for creating E-Verify cases and processing tentative nonconfirmations,as laid out in the ICA,this MOU and the User Manual,including but not limited to allowing an employer to close an invalid case where appropriate,allowing an employer to refer a tentative nonconfirmation only when an employee chooses to contest a tentative nonconfirmation (no automatic referrals, and referring a tentative nonconfirmation to the appropriate agency at the time the employer prints the referral letter and provides the letter to the employee.The Web Services[-Verify Employer Agent understands that any failure to make its system or interface consistent with proper E-Verify procedures can result in DHS terminating the Web Services E-Verify Employer Agent's agreement and access with or without notice. 15. When the Web Services E-Verify Employer Agent receives notice from a client company that It has received a contract with the FAR clause,then the Web Services E-Verify Employer Agent must update the company's E-Verify profile within 30 days of the contract award date, 16, if data is transmitted between the Web Services E-Verify Employer Agent and its client,then the Web Services E-Verify Employer Agent agrees to protect personally identifiable information during transmission to and from the Web Services E-Verify Employer Agent. 17. The Web Services E-Verify Employer Agent agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data.All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-VerifyPuscis.dhs,gov. Please use"Privacy Incident-Password"in the subject line of your email when sending a breach report to E-Verify. 18. The Web Services E-Verify Employer Agent agrees to fully cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including permitting OHS,SSA, their contractors and other agents, upon reasonable notice,to review Forms 1-9, employment records, and all records pertaining to the Web Services E-Verify Employer Agent's use of E-Verify, and to interview it and its employees regarding the use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. a. The Web Services [-Verify Employer Agent agrees to cooperate with OHS if DHS requests Page 1 of 25[-Verify MOU for Employers Using a Web Services[-Verity Employer Agent! Revision Date O6/01.,4 f 16C1 ! Verify �\r,,f t-�Y �� lll111 � t VtrllrY If A 114YiCt OOHS(NO 11A Company ID Number: 1215A52 Client Company ID Number: 1753245 information about the Web Services E-Verify Employer Agent's interface,including requests by DHS to view the actual interface operated by the Web Services E-Verify Employer Agent as well as related business documents. The Web Services E-Verify Employer Agent agrees to demonstrate for DHS the functionality of its interface to E-Verify upon request. b. The Web Services E-Verify Employer Agent agrees to demonstrate,if requested by DHS,that it has provided training to its clients that meets E-Verify standards. Training programs must provide a focused study of the topics covered in the E-Verify User Manual and pertinent Supplemental Guides. Furthermore, training programs and materials must be updated as E-Verify changes occur.The Web Services E-Verify Employer Agent is encouraged to incorporate information from existing E-Verify materials,including the Enrollment Quick Reference Guide,the E-Verify Employer Agent Client Handbook(formerly known as the Designated Agent Client Handbook),and existing tutorials and manuals into their training program. E-Verify also encourages the Web Services E-Verify Employer Agent to supervise first-time use of the E-Verify browser or Web Services interface by its staff and Employer clients as part of any training program. The Web Services E-Verify Employer Agent agrees to submit its training program materials to DHS for review upon request. Failure to provide adequate training could, in some instances,lead to penalties as described in Article VT.1. of this MOU. 19. The Web Services E-Verify Employer Agent shall not make any false or unauthorized claims or references about its participation in E-Verify on its website,in advertising materials,or other media.The Web.Services E-Verify Employer Agent shall not describe its services as federally-approved,federally-certified,or federally- recognized,or use language with a similar intent on its website or other materials provided to the public, Entering into this MOU does not mean that E-Verify endorses or autho•izes your Web Services E-Verify Employer Agent services and any claim to that effect is false. 20. The Web Services E-Verify Employer Agent shall not state in its website or other public documents that any language used therein has been provided or approved by DHS,USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21, The Web Services E-Verify Employer Agent agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS(see M-795(Webl)and,other than pursuant to the specific terms of such license,may not be used in any manner that might imply that the Web Services E-Verify Employer Agent's services,products,websites,or publications are sponsored by,endorsed by,licensed by,or affiliated with OHS, USCIS,or E-Verify. 22. The Web Services E-Verify Employer Agent understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU,the Web Services E-Verify Employer Agent may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. C. RESPONSIBILITIES OF FEDERAL CONTRACTORS The Web Services E-Verify Employer Agent shall ensure that the Web Services E-Verify Employer Agent and the Employers it represents carry out the following responsibilities if the Employer is a Federal contractor or becomes a federal contractor. The Web Services E-Verify Employer Agent should instruct the client to keep the Web Services E-Verify Employer Agent informed about any changes or updates related to federal contracts. It is the Web Services E-Verify Employer Agent's responsibility to ensure that its clients are in compliance Page 8 of 25 F.-Verify MOU for Employers Using a Web Services F-Verify Employer Agent M Revision Date 0E/01/13 16C1 E-Ver.Fy { Y �1111! T VEIIIIY I% 3[11VIS[CI Utl,Orb$TA Company ID Number: 1215857 Client Company ID Number: 1753245 with all E-Verify policies and procedures. 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR,it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors, 2. In addition to the responsibilities of every employer outlined in this MOU,the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any"employee assigned to the contract"(as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer,the Employer may not reverify the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment,begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States,whether or not they are assigned to the contract.Once the Employer begins verifying new hires,such verification of new hires must be initiated within three business days after the hire date.Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract,whichever date is later. b, Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States,whether or not assigned to the contract,within three business days after the date of hire.If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award,the Employer must,within 90 days of enrollment,begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States,whether or not assigned to the contract.Such verification of new hires must be initiated within three business days after the date of hire,An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract,whichever is later. c. Federal contractors that are institutions of higher education(as defined at 20 U.S.C. 1001(a)),state or local governments,governments of Federally recognized Indian tribes,or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract.Such Federal contractors may, however,elect to verify all new hires,and/or all existing employees hired after November 6,1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignmentto the contract, whichever date is later. d. Upon enrollment,Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6,1986,instead of verifying only those employees assigned to a covered Federal contract.After enrollment,Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all Page 9 of 25 F-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 CAO 16C1 1111 E-Verify rfl^rvw ttrlY* Vi RIFY IiA SlPVICE CF DMsAMI iS,R Company ID Number: 1215852 Client Company ID Number: 17532.45 existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete(including the SSN)and complies with Article 10,6, ii. The employee's work authorization has not expired,and iii, The Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's Section 1,Form 1-9 attestation has not changed (including, but not limited to,a lawful permanent resident alien having become a naturalized U.S.citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II,A.6 or update the previous Form 1-9 to provide the necessary information if: I. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii The employee's basis for work authorization as attested in Section 1 has expired or changed, or III. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Article ll.C.5,but reflects documentation (such as a U.S. passport or Form I-551)that expired after completing Form 1-9,the Employer shall not require the production of additional documentation,or use the photo screening tool described in Article II.A,5,subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g, The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor,its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract,and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. D. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer(through the E-Verify Employer Agent) against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not. match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides(through the E-Verify Employer Agent) through E-Verify procedures. SSA also agrees to limit access to such information,as is appropriate by law,to individuals responsible for the verification of Social Security numbers or responsible for evaluatioi of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act(5 U.S.C.§ 552a),the Social Security Act(42 U.S.C. 1306(a)),and SSA regulations(20 CFR Part 401). Page 10 of 25 E-Verify MOIL fur Employers Using a Web Services F-Verify Employer Agent 4 Revision Dale 06/00.3 CAO 16C1 erlIFY tll • !,VERIFY f1!1[N4'IC!O!OHS AND•SS Company ID Number: 1215852 Client Company ID Number: 1753245 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the E-Verify Employer Agent. 4. SSA agrees to update SSA records as necessary it the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA,SSA agrees to update SSA records,if appropriate,within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases,SSA will provide additional instructions to the employee. if the employee does not visit SSA in the time al.owed,E-Verify may provide a final nonconfirmation to the E-Verify Employer Agent. Note: If an Employer experiences technical problems,or has a policy question,the employer should contact E-Verify at 1-888-464-4218. E. RESPONSIBILITIESOF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer (through the E-Verify Employer Agent) to conduct,to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means,and b. Photo verification checks(when available)on employees. 2. DHS agrees to assist the E-Verify Employer Agent with operational problems associated with its participation in E-Verify. DHS agrees to provide the E-Verify Employer A Agent names,titles,addresses,and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the E-Verify Employer Agent with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies,procedures,and requirements for both SSA and OHS,including restrictions on the use of E-Verify. 4. DHS agrees to train E-Verify Employer Agents on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, OHS reserves the right to require E-Verify Employer Agents to take mandatory refresher tutorials. 5. OHS agrees to provide to the Employer(through the E-Verify Employer Agent)a notice,which indicates the Employer's participation in E-verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices(OSC),Civil Rights Division,U.S. Department of Justice. 6. OHS agrees to issue each of the E-Verify Employer Agent's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. OHS agrees to safeguard the information the Employer provides(through the E-Verify Employer Agent), and to limit access to such information to individuals responsible for the verification process,for evaluation of E-Verify,or to such other persons or entities as may be authorized by applicable law.Information will be used only to verify the accuracy of Social Security numbers and employment eligibility,to enforce the INA and Federal criminal laws,and to administer Federal contracting requirements. Page 11 of 25 F-Verify MOU for Employers Using a Web Services E-Verily Employer Agent Revision Date 06/01/13 (AO 16C1 erg111111 LVLitlfY IS A St WU OF I1MS MID SSA Company ID Number: 1215852 Client Company ID Number: 1753245 8. DHS agrees to provide a means of automated verification that provides(in conjunction with SSA verification procedures)confirmation or tentative nonconfirmation of employees'employment eligibility within three Federal Government work days of the initial inquiry. 9. OHS agrees to provide a means of secondary verification(including updating DHS records)for employees who contest OHS tentative nonconfirmations and photo mismatch tentative nonconfirmations,This provides final confirmation or nonconfirmation of the employees'employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless OHS determines that more than 10 days may be necessary. In such cases, OHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA,the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding,and not take adverse action against employees if they choose to contest the finding,while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation,the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number,review the employee information submitted to E-Verify to identify any errors,and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number,or any other corrected employee information that SSA requests,to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results,the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database(the Numident)or other written verification of the SSN from the SSA. Page 12 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 CAO 1 6 C 1 E-Verily t•YCRIFY If h{t11Y1CC Af ANS ANA CtA Company ID Number: 1215852 Client Company ID Number: 1753245 B. REFERRAL TO DHS 1. if the Employer receives a tentative nonconfirmation issued by DHS,the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees.The Employer must allow employees to contest the finding,and not take adverse action against employees if they choose to contest the finding,while their case is still pending. 2, The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS,the Employer will instruct the employee to contact DHS through its toll-free hotline(as found on the referral letter)within eight Federal Government work days. 5. If the Employer finds a photo mismatch,the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations,generally. G. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch,the Employer will send a copy of the employee's Form 1-551,Form 1-766,U.S. Passport,or passport card to OHS for review by: a. Scanning and uploading the document,or b. Sending a photocopy of the document by express mail(furnished and paid for by the employer). 7, The Employer understands that if it cannot determine whether there is a photo match/mismatch,the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the OHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results,the Employer agrees to check the E-Verify system regularly for case updates. Page 13 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent Revision Date 06/01/13 16C1 V ,,ARI, , t , AI d � ',lrllMkllh^, 14AAIFI ISA I EAYICA OF DM%AND 1SA Company ID Number:1215852 Client Company ID Number: 1753245 ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer or the Web Services E-Verify Employer Agent for verification services performed under this MOU.The Employer is responsible for providing equipment needed to make inquiries.To access E-Verify,an Employer will need a personal computer with Internet access. ARTICLE V SYSTEM SECURITY AND MAINTENANCE A. DEVELOPMENT REQUIREMENTS 1. Software developed by Web Services E-Verify Employer Agents must comply with federally-mandated information security policies and industry security standards to include but not limited to: a. Public Law 107-347,"E-Government Act of 2002,Title III,Federal Information Security Management Act(FISMA),"December 2002. b, Office of Management and Budget(OMB) Memorandum(M-10-15),"FY 2010 Reporting Instructions for the Federal Information Security Management Act and Agency Privacy Management,"April 2010. c.. National Institute of Standards and Technology(NIST) Special Publication (SP) and Federal Information Processing Standards Publication (FIPS). d. International Organization for Standardization/International Electrotechnical Commission (1S0/IEC)27002,Information Technology—Security Techniques—Code of Practice for Information Security Management, 2, The Web Services E-Verify Employer Agent agrees to update its Web Services interface to reflect system enhancements within six months from the date DHS notifies the Web Services User of the system update.The Web Services User will receive notice from DHS in the form of an Interface Control Agreement(ICA;. The Web Services E-Verify Employer Agent agrees to institute changes to its interface as identified in the ICA,including all functionality identified and all data elements detailed therein. 3. The Web Services E-Verify Employer Agent agrees to demonstrate progress of its efforts to update its Web Services interface if and when DHS requests such progress reports. 4. The Web Services E-Verify Employer Agent acknowledges that if its system enhancements are not completed tc the satisfaction of DHS or its assignees within six months from the date DHS notifies the Web Services User of the system update,then the Web Services User's E-Verify account may be suspended,and support for previous releases of E-Verify may no longer be available to the Web Services User. The Web Services E-Verify Employer Agent also acknowledges that DHS may suspend the Web Services User's account after the six-month period has elapsed. 5. The Web Services E-Verify Employer Agent agrees to incorporate error handling logic into its development or software to accommodate and act in a timely fashion should an error code be returned. Page 14 of 25 E-Verify MOU for Employe!s Using d Web Services[-Verify Employer Agent I Revision Date 06/01/13 16C1 VeriFy ,a pFrr,,q' �PF SL CA 4'„" T' t[IIiI �f F.vON icy It N'KO MI I OF IMF ARO FFA Company ID Number: 1215852 Client Company ID Number: 1753245 6.The Web Services E-Verify Employer Agent agrees to complete the technical requirements testing which is confirmed upon receiving approval of test data and connectivity between the Web Services E-Verify Employer Agent and DHS. 7. DHS will not reimburse any Web Services E-Verify Employer Agent or software developer who has expended resources in the development or maintenance of a Web Services interface if that party is unable,or becomes unable,to meet any of the requirements set forth in this MOU. 8. Housing,development,infrastructure,maintenance,and testing of the Web Services applications may take place outside the United States and its territories,but testing must be conducted to ensure that the code is correct and secure. 9.if the Web Services E-Verify Employer Agent includes an electronic Form 1-9 as part of its interface,then it must comply with the standards for electronic retention of Form 1-9 found in 8 CFR 274a.2fel. B. INFORMATION SECURITY REQUIREMENTS Web Services E-Verify Employer Agents performing verification services under this MOU must ensure that information that is shared between the Web Services E-Verify Employer Agent and OHS is appropriately protected comparable to the protection provided when the information is within the OHS environment[OMB Circular A-130 Appendix Ill], To achieve this level of information security,the Web Services E-Verify Employer Agent agrees to institute the following procedures: 1. Conduct periodic assessments of risk,including the magnitude of harm that could result from the unauthorized access, use,disclosure,disruption,modification,or destruction of information and information systems that support the operations and assets of the DHS,SSA,and the Web Services E-Verify Employer Agent and its clients; 2. Develop policies and procedures that are based on risk assessments,cost-effectively reduce information security risks to an acceptable level,and ensure that information security is addressed throughout the life cycle of each organizational information system; 3. Implement subordinate plans for providing adequate information security for networks,facilities, information systems,or groups of information systems,as appropriate; 4. Conduct security awareness training to inform the Web Services E-Verify Employer Agent's personnel (including contractors and other users of information systems that support the operations and assets of the organization; of the information security risks associated with their activities and their responsibilities in complying with organizational policies and procedures designed to reduce these risks; 5. Develop periodic testing and evaluation of the effectiveness of information security policies,procedures, practices,and security controls to be performed with a frequency depending on risk, but no less than once per year; Page 15 of 25 E-Verify MOU for Employers Using a Web Services[-Verify Employer Agent I Revision Date 06/01/13 CAO 1 6 C 1 sst LaAk.5v4. ' J17 Y•iC' t•VIP1FY I%%MIVIFL VF WISM$ ff' Company ID Number: 1215852 Client Company ID Number: 1753245 6, Develop a process for planning, implementing,evaluating, and documenting remedial actions to address any deficiencies in the information security policies,procedures,and practices of the organization; 7. Implement procedures for detecting,reporting, and responding to security incidents; 8. Create plais and procedures to ensure continuity of operations for information systems that support the operations and assets of the organization; 9. In information-sharing environments,the information owner is responsible for establishing the rules for appropriate use and protection of the sub,ect information and retains that responsibility even when the information is shared with or provided to other organizations(NIST SP 800-37(. 10. OHS reserves the right to restrict Web Services calls from certair IP addresses. 11. DHS reserves the right to audit the Web Services E-Verify Employer Agent's application. 12. Web Services E-Verify Employer Agents and Software Developers agree to cooperate willingly with the OHS assessment of information security and privacy practices used by the company to develop and maintain the software. C. DATA PROTECTION AND PRIVACY REQUIREMENTS 1. Web Services E-Verify Employer Agents must practice proper Internet security;this means using HTTP over SSL/TLS(also known as HTTPS)when accessing DHS information resources such as E-Verify[NIST SP 800-95]. Internet security practices like this are necessary because Simple Object Access Protocol(SOAP),which provides a basic messaging framework on which Web Services can be built,allows messages to be viewed or modified by attackers as messages traverse the Internet and is not independently designed with all the necessary security protocols for E-Verify use. 2. In accordance with OHS standards,the Web Services E-Verify Employer Agent agrees to maintain physical, electronic,and procedural safeguards to appropriately protect the information shared under this MOU against loss,theft,misuse,unauthorized access,and improper disclosure,copying use,modification or deletion. 3. Any data transmission requiring encryption shall comply with the following standards: * Products using FIPS 197 Advanced Encryption Standard(AES) algorithms with at 1east256-bit encryption that has been validated under FIPS 140-2. • NSA Type 2 or Type 1 encryption. 4. User ID Management(Set Standard):MI information exchanged between the parties under this MOU will be done only through authorized Web Services E-Verify Employer Agent representatives identified above. 5. The Web Services E-Verify Employer Agent agrees to use the E-Verify browser instead of its own interface if it has not yet upgraded its interface to comply with the Federal Acquisition Regulation (FAR)system changes. In addition,Web Services E-Verify Employer Agents whose interfaces do not support the Form 1-9 from 2/2/2009 or 80/2009 should also use the E-Verify browser until the system upgrade is completed. Page 16 of 25 E-Verify MOU for Employers Using a Web Services E Verify Employer Agent Revision Date 06/01/13 16C1 VeriFy 111111 ^ihp tti -\'I1iNi t` t4611tYY IS A t[ANK[pi MIS Allp ACA Company ID Number: 1215852 Client Company ID Number: 1753245 6. The Web Services E-Verify Employer Agent agrees to use the E-Verify browser instead of its own interface if it has not completed updates to its system within six months from the date DHS notifies the Web Services E-Verify Employer Agent of the system update. The Web Services E-Verify Employer Agent can resume use of its interface once it is up-to-date,unless the Web Services E-Verify Employer Agent has been suspended or terminated from continued use of the system. D.COMMUNICATIONS 1. Web Services E-Verify Employer Agents and Software Developers agree to develop an electronic system that is not subject to any agreement that would restrict access to and .1 se of by an agency of the United States. 2. The Web Services E-Verify Employer Agent agrees to develop effective controls to ensure the integrity, accuracy and reliability of its electronic system. 3. The Web Services E-Verify Employer Agent agrees to develop an inspection and quality assurance program that regularly,at least once per year,evaluates the electronic system, and includes periodic checks of electronically stored information. The Web Services E-Verify Employer Agent agrees to share the results of its regular inspection and quality assurance program with DHS upon request. 4. The Web Services E-Verify Employer Agent agrees to develop an electronic system with the ability to produce legible copies of applicable notices,letters,etc. 5. All information exchanged between the parties under this MOU will be in accordance with applicable laws, regulations,and policies,including but not limited to,information security guidelines of the sending party with respect to any information that is deemed Personally Identifiable Information (PII),including but not limited to the employee or applicant's Social Security number,alien number,date of birth,or other information that may be used to identify the individual. 6. Suspected and confirmed information security breaches must be reported to DHS according to Article II.A.17. Reporting such breaches does not relieve the Web Services E-Verify Employer Agent from further requirements as directed by state and local law, The Web Services E-Verify Employer Agent is subject to applicable state laws regarding data protection and incident reporting in addition to the requirements herein, E. SOFTWARE DEVELOPER RESTRICTIONS 1. The Web Services E-Verify Employer Agent agrees that if it develops a Web Services interface and sells such interface,then it can be held liable for any misuse by the company that purchases the interface. It is the responsibility of the Web Services E-Verify Employer Agent to ensure that its interface is used in accordance with E-Verify policies and procedures. 2. The Web Services E-Verify Employer Agent agrees to provide software updates to each client who purchases its software. Because of the frequency Web Services updates,an ongoing relationship hetween the software developer and the client is necessary. Page 1 of 25[-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 i 16C1 v — •4\ ant 51..,rc•, ,. A� , �,,l�ilairn > r • 44tItIfIrifA.StAVICt PA PHSAU,SSA Company ID Number; 1215852 Client Company ID Number: 1753245 3. DHS reserves the right to terminate the access of any software developer with or without notice who creates or uses an interface that does not comply with E-Verify procedures. 4. Web Services Software Developers pursuing software development independent of serving clients as a Web Services E-Verify Employer Agent are not eligible to receive an ICA. At this time, E Verify does not permit Web Services software development without also being a Web Services E-Verify Employer Agent or Web Services Employer. F. PENALTIES 1. The Web Services E-Verify Employer Agent agrees that any failure on its part to comply with the terms of the MOU may result in account suspension,termination,or other adverse action. 2. DHS is not liable for any financial losses to Web Services E-Verify Employer Agent,its clients,or any other party as a result of your account suspension or termination. ARTICLE Vi MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and OHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA,including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures,will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. B. TERMINATION 1. The Web Services E-Verify Employer Agent may terminate this MOU and its participation in E-Vcrify at any time upon 30 days prior written notice to the other parties. In addition,any Employer represented by the Web Services E-Verify Employer Agent may voluntarily terminate its MOU upon giving DHS 30 days'written notice. The Web Services E-Verify Employer Agent may not refuse to terminate the Employer based upon an outstanding bill for verification services. 2_ Notwithstanding Article V,part A of this MOU, DHS may terminate this MOU,and thereby the Web Services E-Verify Employer Agent's participation in E-Verify,with or without notice at any time if deemed necessary because of the requirements of law or policy,or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Web Services E-Verify Employer Agent or Employer,or a failure on the part of either party to comply with established E-Verify procedures and jor legal requirements.The Employer understands that if it is a Federal contractor,termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly,the Employer understands that if it is in a state where E-Verify is mandatory,termination of this by any party MOU may negatively affect the Employer's business. Page 18 of 25 E-Verify MOU for Employers Using a Web Services E Verily Employer Agent I Revision Date O6/01/13 16C1 0, „ii„ . ION COY CI}IiY 1}R}(RYI(C Of PIS OR 114 Company ID Number: 1215852 Client Company ID Number: 1753245 3. A Web Services E-Verify Employer Agent for an Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Web Services E-Verify Employer Agent must provide written notice to DHS. If the Web Services E-Verify Employer Agent fails to provide such notice,then that Employer will remain an E-Verify participant,will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Web Services E-Verify Employer Agent agrees that E-Verify is not liable for any losses,financial or otherwise,if the Web Services E-Verify Employer Agent or the Employer is terminated from E-Verify ARTICLE VII PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s),and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with OHS,SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended,or should be construed,to create any right or benefit,substantive or procedural,enforceable at law by any third party against the United States,its agencies,officers,or employees,or against the Web Services E-Verify Employer Agent,its agents,officers,or employees. C. The Web Services E-Verify Employer Agent may not assign,directly or indirectly,whether by operation of law,change of control or merger,al►or any part of its rights or obligations under this MOU without the prior written consent of DHS,which consent shall not be unreasonably withheld or delayed.Any attempt to sublicense, assign,or transfer any of the rights,duties,or obligations herein is void. D. Each party shall he solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU,whether civil or criminal,and for any liability wherefrom,including(but not limited to) any dispute between the Web Services E-Verify Employer Agent or the Employer and any other person or entity regarding the applicability of Section 403,d)of IIRIRA to any action taken or allegedly taken by the Web Services E-Verify Employer Agent or the Employer. E. The Web Services E-Verify Employer Agent understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy,including but not limited to,Congressional oversight,E-Verify publicity and media inquiries,determinations of compliance with Federal contractual requirements,and responses to inquiries under the Freedom of Information Act(FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer,the Web Services E-Verify Employer Agent and OHS respectively.The Web Services E-Verify Employer Agent understands that any inaccurate statement,representation,data or other information provided to OHS may subject the Web Services E-Verify Employer Agent,as the case may be,its subcontractors, its employees,or its representatives to:(1)prosecution for false statements pursuant to 18 U.S.C.1001 and/or;(2) immediate termination of its MOU and/or;(3)possible debarment or suspension. Page 19 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 16C1 "Vel h y „A„,„, d�tir�k9k4^ I VERIFY FfA SSMYItk 4k tlNt Mfo iT Company ID Number: 1215852 Client Company 1D Number: 1753245 G. The foregoing constitutes the full agreement on this subject between DHS,the Employer,and the E-Verify Employer Agent. H2O Innovation USA Inc (Employer) hereby designates and appoint ADP, Inc. (E-Verify Employer Agent) including its officers and employees, as the E-Verify Employer Agent for the purpose of carrying out(Employer) responsibilities under the MOU between the Employer,the E-Verify Employer Agent,and DHS. If you have any questions,contact E-Verify at 1-888-464-4218. „fd tt Page 20 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 CAO m 6 C ~ tM Ron.��AND M Company|DNumbenl2l5V5l CUent Company 0 Number:l763245 Approved by: Enmplomer H2O Innovation USA Inc - Name(Please Type o,Print) Tide cVehfy Team VVFN Signature Date Electronically Signed 10/27/2021 E-VerifyEmmployer Agent ADP, Inc. Name(Please Type orPrint) Title, eVehfy Team WFN Signature Date Electronically Signed 10/27/2021 _ DepaxtnnemtsYHommeKmndGecuritV—VerifioaWmmDiwisiom Name(Please Type o/Print) Title U8C|8Vari5caUon Division Signature Date Electronically Signed 10/28/2021 -- � Page 2lof25E4ehk/NOUhxEmolovers Using aYVeb Services E-yeriN Employer Agent| Revision Date U6/Ol/l3 | / 16C1 f e E-Verify z i, ritlil -hU*11 \'ftiTNh L.Yf40Y7%A 33AYICl 4F 4H AN41lA Company ID Number: 1215852 Client Company ID Number: 1753245 Information Required for the E-Verify Program Information relating to your Company: H2O Innovation USA Inc Company Name 8900 109th Avenue North Champlin, MN 55316 Company Facility Address 8900 109th Avenue North Champlin, MN 55316 Company Alternate Address County or Parish HENNEPIN Employer Identification Number 205584930 North American Industry 333 Classification Systems Code Parent Company Number of Employees 500 to 999 Number of Sites Verified for 4 site(s) Page 22 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent: Revision Date 06/01/13 CAO 1 6 c 1 qq,4„ -Verily \‘`‘" ki Ako 'AJ/51,1,0' WEIMYI IKVICE RIF 01111010 Company ID Number;1215852 Client Company ID Number: 1753245 Are you verifying for more than 1 site?If yes,please provide the number of sites verified for in each State: CA Of MN VT Page 23 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Fmnloyer Agent iRevision Date 06/01/13 CAO 1k �� m �� +� " 41*1 F.-Verify °=="^"°"ore I AND °^ Company|D Number:121b8S2 Client Company|DNumnbe,/ 1753245 Information relatingtothe Program Administrator(s)foryour Company on policy questions or operational problems: womo FpdprinupSheehvueni, Phone Number ".1aomxo/ro Fax emoi( paie(mh2ninnovodon.cvm ^ Page 24o[26['Verih/MOW for Employers Using a Web Services E-Verif°Employer Agent | Revbion Date O6/Ol/13 ��K� N �m �� m E-Verif y t��°A M�1�~"°°� Company}DNum6en1z1naoo Oicnt[umpnnv|DNunnber:175324O This list re presents s atuUstedhor1hiscompeny' Page 15of2SE�er|k/WnU for Emp|nyemUsing aVVeb5emicesE4e/|h/Employer Agent |Revision Date OG/V1/}] CA�� '1 6 C 1 2024 FOREIGN.PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# F07000002161 Feb 05, 2024 Entity Name: H2O INNOVATION USA, INC. Secretary of State 6186036024CC Current Principal Place of Business: 8900 109 AVENUE NORTH SUITE 1000 CHAMPLIN, MN 55316 Current Mailing Address: 330 RUE ST-VALUER EAST 340 QUEBEC, QUEBEC G1K 9C5 CA FE1 Number: 20-5584930 Certificate of Status Desired: No Name and Address of Current Registered Agent: CORPORATION SERVICE COMPANY 1201 HAYS ST TALLAHASSEE,FL 32301 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : Title PRESIDENT,CEO,DIRECTOR Title C=O,DIRECTOR Name DUGRE,FREDERIC Name BLANCHET,MARC Address 330 RUE ST-VALLIER EAST Address 330 RUE ST-VALLIER EAST 340 340 City-State-7-ip: QUEBEC CITY QUEBEC 01K 9C5 City-State-Zip: QUEBEC CITY QUEBEC G1K 9C5 Title COO Title SECRETARY Name CLARET,GUILLAUME Name A_LAIN,EDITH Address 330 RUE ST-VALLIER EAST Address 330 RUE ST-VALLIER EAST 340 340 City-State-Zip: QUEBEC CITY QUEBEC G1K 9C5 City-State-Zip: QUEBEC CITY QUEBEC G1K 9C5 Title CHIEF COMMERCIAL OFFICER Name MADDEN,GREGORY Address 330 RUE ST-VALLIER 340 City-State-Zip: QUEBEC CITY QUEBEC G1K 9C5 I hereby certify that the Information Indicated on this report or supplemental relaxant free and eccwute and Mat my electronic sfgnalurn shall hove Pm same!aged ailed as!l made ender oath;that I am en ortmmr or dlrnctor al the corporation or the receiver or buster empowered to execute this report as required Ly Cheater 607,Florida SI mies;and that my name appears ebova,or on an attachment wen all other like empowered. SIGNATURE:EDITH ALLAIN SECRETARY 02/05/2024 Electronic Signature of Signing Officer/Director Detail Date CAO 16C1 IMP innovation' North County Regional Water Treatment Plant Nanotittration System Upgrades To whom it may concern: E-120 Innovation does not currently maintain a general contractors license in the state of Florida. Referencing Q3 from the Q&A section of the bid, it was stated that an active license was not required to submit a bid for the system upgrade. Please accept this letter as our acknowledgement and compliance with requirements to respond to all requests during the bidding process, Sincerely, Gregory Sato Inside Sales Manager H2O Innovation USA, Inc H2O Innovation 8900, 109th Ave North,Suite 1000, Champlin, MN 55316, United States Tel:763.566.8961 Fax: 763.566.8972 wwv✓h2ainnovation com infq@h2oinnovation.com CAO 16C1 Form Wsa Request for Taxpayer Give form to the (Rev.March 2024) Identification Number and Certification requester.Do not Cter nal Revenue Service send to the IRS. menl of the Treasury Go to www.irs.gov/ForreW9 for Instructions and the latest information, Inter nal Before you begin,For guidance related to the purpose of Form W-8,see Purpose of Form,below. I Name of onthytlndlvidual,An entry Is required.(For a sole proprietor or disregarded entity,enter the owner's name on One 1,and enter the business/disregarded entity's name on fine 2.) H2O Innovation USA Inc. 2 Business name/disregarded entity name,if different from above. eg 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line I.Check 4 Exemptions-(codes apply only to monly one of the following seven boxes, certain entities,not individuals; Q. see instructions on page 3): Indlvldual/sole proprietor [] C corporation ❑ S corporation ElPartnership ❑ TrusVestate h ❑ LLC.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership) Exempt payee code(t any) Note:Check the"LLC"box above and,In the entry space,enter the appropriate code(C,S,or P)for the tax i classification of the LLC,unless it la a ditrogordeo entity.A disregarded entity should(extend check the appropriate Exemption from Foreign Account Tax o as box for the tax classification of its owner. Compliance Act(FATCA)reporting C ❑ Other(see Instructions) code(if any) 3b If an lino 3a you checked"Partnership"or'Trust/estate,"or checked"LLC"and entered"P"as its tax classification, and you are providing this form to a partnership,trust,or estate in which you have on ownership interest,check (AAfi(res to accounts maintained a this box If you have any foreign partners,owners,or beneficiaries.See instructions , ❑ outside fire United States.) a Address(number,street,and apt or suite no.).See Instructions. Requester's name and address(optional) re 8227 BUNKER LAKE BLVD, SUITE 500 6 City,state.and ZIP code RAMSEY,MN,55303 7 iJst account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Social security number Enter your TIN in the appropriate box,The TIN provided must match the name given on line 1 to avoid —•--•-,; - -backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other - entities,it is your employer identification number(EIN).if you do not have a number,see How to get a or — TiN,later, _n [-Employer identification number t _ .� . . Note:If the account Is in more than one name,see the instructions for line 1.See also What Name ants Number To Give the Requester for guidelines on whose number to enter. 2 0 - 5 5 5 49 3 0 LEM Certification Under penalties of perjury,I certify that: 1.The number shown on this form Is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because(e)I ern exempt from backup withholding,or(b)i have not been notfied by the Internal Revenue Service(iRS)that I am subject to backup withholding as a result of a failure to report all Interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)Indicating that I am exempt from FATCA reporting is correct. Certification instructions,You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have felled 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 p } �_ \ _- Date 2-1 Ve Here US.person . New line 3b has been added to this form.A flow-through entity is General instructionsss required to complete this line to Indicate that It has direct or indirect Section references are to the Internal Revenue Code unless otherwise foreign partners,owners,or beneficiaries When it provides the Form W-9 noted. to another flow-through entity In which it has an ownership interest,This change Is Intended to provide a flow-through entity with Information Future developments.For the latest information about developments related to Form W-9 and its Instructions,such as legislation enacted regarding the status of its Indirect foreign partners,owners,or after they were published,go to svww.irs.gav/FormW9. beneficiaries,so that it can satisfy any applicable reporting requirements.For example,a partnership that has any Indirect foreign What's New partners may be required to complete Schedules K-2 and K-S.See the Partnership instructions for Schedules K-2 and K-3(Form 1066). Line 3a has been modilled to clarity how a disregarded entity completes this line.An LLC that is a disregarded entity should check the Purpose of Form appropriate box for the tax classification of its owner.Otherwise,it An Individual or entity(Form W-9 requester)who is required to file an should check the"LLC"box and enter its appropriate tax classification. information return with the IRS Is giving you this form because they Cat.No.10231X Form W'-9(Rev,3.2024) 1 6 C 1 TO R/Wit!,new colon by Chomloty System Overview Report ,...... _ _ ... Project 1228:Collier CO NCRWTP Stage I reload Case 4 S.11 YO 25.5C FF0.92 SPI 10 R58.3 Op 9000PM A_32 E6 TMH20A-400C PERM BP 23psi o Cale DP Is across elements only.Cale Feed pressure is al the lead face of representativel vessel in the slage.Permeate Revision BP Includes anticipated additional losses Calculation Mode Feed Water Fyne:Brackish Wall;AutoBalance Is ON Errors,Warnings,Cautions and Notices Errors:0,Warnings:0,Cautions:0,Notices:l.See Important Notes at end IE Database Inf Project Database:CALIsers\peterm 1 Documents\TorayDS2_v31App_Data1DS2.srlf(Ver12.1) o: Membrane Database(V.20164):CAUsers1peterm1Documents 1 Tara yDS2_v31Aep_Data‘TorayMernbr ana.raril. Overall Pass 1 Raw water IDS mgli 685.7 685.7 EC kb.25C/p25.50C uS 890 7/900.9 890.7/900.9 Feed Pressure psi 0.0 ,94.68 Temperature deg C 25.50 Total DP psi 7.843 7.843 Brine Pressure psI 86.84 86.84 Flow Allowance 0.00 yrs 0,923 SP%Increase(Max) .0.00 yrs 0.00% Recovery % .58.30% 58.3% Feed Flow gallmln ,1,544 1,544 Product Flow gal/min i900.0 900,0 Average Flux gfd 16.807 16.807 Concentrate Flow gal/min 643.8 643.8 Product IDS mg/I 10.252 10 25'2 Concentrate IDS mg/I 1,633 1,633 Primary HP Pump kW kilowatt 79.45 79.45 Power Consumption kWit/m^3 0.389 0.389 .......... ions Flied Net Feed Conc Product Ca mg/I 99.00 99.00 235,7 1.246 Mg 319/I 19.000 19.000 45.27 0.208 Na mg/I 52.30 52.30 124.2 0.867 _ K mg/I 5.000 5.000 11.728 0.188 Ba mg/I 0.014 0.014 0.0333 0.0002 Sr mg/I 0.600 0.600 1,428 0.0076 NH4 mg/I 0.0 0.0 0.0 0.0 Fe mg/I 0.0 0.0 0.0 0.0 HCO3 mg/I 395.0 395.0 938.7 6.546 CI mg/I 62.00 62.00 147.9 0.577 SO4 mg/I 32.00 32.00 76.67 0.0495 NO3 mg/I 0.0 0.0 0.0 0.0 F mg/I 0.300 0.300 0.707 0.0036 Br mg/I 0.0 0.0 0.0 0.0 B(Boron) mg/I 0,0 0.0 0.0 0,0 S102 mg/I 20.00 20.00 47.19 0.552 - PO4 mgll 0.0 0.0 0,0 0.0 CO3 mg/I 0.455 0,455 3.008 8.512-05 CO2 mg/I 37.08 37.08 3543 40 68 . •1 OS mg/I 685.7 ,..685.7 1,633 10.252 EC @25C/@25,50C uS 891/NV 891/901 1,946/1,968 17.4/17.6 ..: pH p11 7.200 7,200 7.560 5.421 Osmotic Press(0S1/Pitzer)psi 5,187/5.08 5,18'715.08 12.270/11,36 0.078/0.39 LSI/SDSI 0.32 70.35 0.32/0.35 1.3311.38 -4.95 f-5,09 CaSO4/Sr504% % 0.8%/OA% 0.8%/0.4% 3.5%/1.4% 0.0%/0.0% BaSO4/SIO2% % 14.1%!15.9% 14.1%115.9% 50A%137,5% Pitzer%Solubility Calcite/Doiomac 113%7175% 113%7 175% 1,146%/17,768% 1%/0% I%/0% 4%/1% Pitzer%Solubility CeSO4/SrSO4 StagelBank Data Fass1 aage 1 Lead Element Type 1MH20A-400C 'Foray TDS2:Collier CO NCRWII,Stage I.Cale DI'is across elements only.Cale Feed pressure is ai the lead thee of repre Nee I/I CA 0 16C1 Last Element Type T MH2OA-400C Total Elements 192. 192 Total Vessels 32 32 Elements par Vessel 6 Feed Flow gal/min 1,544 Product Flow gal/min 900.0 Average Flux gfd 16,807 Brine Flow gat/min 643.8 Recovery% % 58.30% Feed Pressure psi 94.68 dP Elements psi 7.843 Boost Pressure psi 0,0 Piping Loss psi 0.0 Net(Boost-dP piping) psi 0.0 Brine Pressure psi 86.84 Permeate Pressure psi 23.00 Feed TDS mg/I 685,7 Perm IDS nig/I 10.252 Lead Element Pass1 Stage 1 Feed Flow gal/min 48.24 _ Product Flaw gal/ruin 5.210 Product TDS rng/I 6.817 Flux girl 18.880 IL.ast Element Passt Stage 1 Product Flow gat/min 4.131 Product TDS mg/I 17,988 Brine/Product Ratio ratio 4,870 Brine Flow gal/min 20.12 Net Driving Pressure psi 50.88 Bela 1.224 Chemicals 100%.Disclaimer;These estimated dose rates are provided as a courtesy to Toray DS2 users and are not guaranteed. No Chemicals Added Errors warnings _ _..1 'Cautions Notices 1,Pass 1 Conc LSI=1,33 Warning-High LSI.LSI>zero,Concentrate CaCO3 greater than saturatlnn,Scate inhibitor required. Disclaimer;The program is Intended to be used by persons having technical skill,at their own discretion and risk.The projections,obtained with the program,are the expected system performance,based on the average,nominal element-performance and are not automatically guaranteed.Taray shall not ha liable tar any error or miscalculation In the program.The obtained results cannot be used to raise any claim for liability or warranty. I is the users responsibility to make provisions against fouling, scaling and chemical attacks,to account to;piping and valve pressure losses,teed pump suction pressure and permeate bnckpressure.For questions please contact us; Tom iscualrlas.Inc„Wolof 1 wdlm enl Uwision,SO Membrane Produces UsSr. 1.1,talponhasi uramochl 2rhoma,Clwo-Nu,Tokyo 1034666,Japan 1t:L.•81.3•)245.4540 FAX 41-3.3245.4913 Toray Membrane.USA.Inc. 13,135 Danielson Sr.,Poway,CA,82064,IJSA TF..L+1-858418-?390 FAX.1.858-?16-?380 Toray Alemhre no Europe AG Grabeneckoisitasse 8 P.O.Boo 832 C11-4142 Mun honswne I,Sv.I/rorten! 1EE1 e41-61-4i5.6718 FAX r41eei.4164720 1 aray Asia PIa,l td. 111 Somemet Road,etch 1,.Slogapero 238164 ILL..,856226-0525 FAX•3543225.5509 Toray Oblast/1r Membrane Co.,LW, ZOOS e,'Donau Airport Industrial Zena,anitiny 101318,China TEl•88-1040a85218 FAX+86.10-80485217 !may Membrane Middle fast I.LC P.O.hoe 2027a,Ai Knobar 31952,kingdom on Sabel Solna rf t +966.13.5684091 FAX.+858.13-568•11003 Torn Advanced Materials Horeb Inc. Kemal only RAO Centel 7.MagaMdono-ro10.08,Oangseo'rpr,Send,07)90.Republic of korea TEL.82_2.3279.7389 FAx•824.3279408H (1hLYyNy.intAsfyaet.c•7rnt Toray TDS2;C'ulticr CO NCRWTP Stage I,Cale FOP is across elements only.Cnta Feed pressure is at the lead fare of repro Page 7/5 `ANC) 16C1 DatefTime 8/2512024 8:03:26 AM Project 1228:Cotller CO NCRWTP Stage 1 reload Case: 4:ST1 YO 25.5C FF097 CP!10 R58.3 Op 900GPM A 32 ES TMH2OA 400C PERM OP 23ps1 Revision: 0:Caic OP is across elements only.Cale Feed pressure Is at the load face of representativel vessel In the slege.Permeale BP includes anticipated additional losses User name: TORAYMEMtpeterm Prepared for: Notes: Membrane Database Version Number: 20154 RoleaseDate: 1/1312023 7:00:00 PM Updaleily: YK Toray DS2 version: 2.3.3.211(1.2.8.124) Flow Diagram: palhnin Flow Units ,,value to Ca kept constant during calculation gel Pressure Units de9C Temperature Units 25.501 Temperature [�,r j�1 tj MinimumTemleraSrre `---- 41 Maximum Tomperah,re PrPict " ' assaa(Q [ •y I Ha Feed I tii [1543.74) /.. Fen le4S.74!:! Ccras^.trite Brackish Wel e4+74: Soo,Racavey -,'''.... Stream Details Stream Number Flow Pressure TDS Est us pH 20.Final Product 900.0 23.00 10.252 17.0 5.421 4,Feed Nel 1,543.74 0.0 685.7 911 7.200 10.Feed to Pass 1 1,543.74 94.68 685.7 911 7,200 30.Conc to brine 843.8 86.84 1,632.53 1,9990.5 7.560 Element Details In Pass1 _ _ Pass 1 Stage 1 Element 1 Element 2 Element 3 Element 4 Element 5 Model TMH2OA-400C TMl120A-400C TMH2OA-103C TMH2OA•400C TM1120A-400C Area nt^2/din Inch 37.30/8 37.30/8 37.30/8 37.30/8 37.3018 Age 0 0 0 0 0 SPI%/yr 10 10 10 10 10 SPI Applied 0.0 0.0 0.0 0.0 0.0 FLow Allowance 0.923 0.923 4 0.923 0.923 e.973 - I Recovery 11, 10.799 11.628 12.629 13.839 l5.29-1 _ - Feed Fiaw(gal/min) 48.24 43.03 38.03 33.23 28.63 Perm Ftow(gel/min) 5.2'10 5.004 4,803 4.598 4.379 Conc Ftow(yellmin) 43.0,3 38,03 33.23 28.63 24,25 Flux(gld) 18.680 17.942 17.220 16.487 15.702 Beta 1.183 1.189 1.196 1.204 1.213 Feed Press(psi) 94.68 92.74 91.09 89.70 88.55 DP(psi) 1.939 1.650 1.390 1.156 0.947 Conc Press(psi) 92.75 91.09 89,70 88.55 87.60 Perm Press(psl) 23.00 23.00 23.00 23.00 23.00 'Tway TDS2.Cullicr CO NCRWTP Stage 1,Calc DP is across elcumnl7 only.Cain,Feed pressure is at the lend face of repre Pal 3/I f. ( . 16C1 PI_Fee.d(psi) 5.187 5.807 6.560 7A95 11,679 PI_Merntr(psl) 13.486 7.332 8.379 9.705 11.421 PL_Conc(psi) 5.804 6.558 7.492 8.576_ 1C.214 Pl_Potm(psl) 0.0514 WW1 0.0604 0.0773 - 0.101 Net Press(psi) 64.29 61.65 59.09 56,51 53,77 Pass1 Stage 1 Element 6 Model TMH2OA-400C Area to"2 Idle Inch 37.30/8 Age 0.0 SP)%/yr 10.000 SPI Applied 0.0 Flow Allowance 0.923 Recovery`Y 17.036 _ Feed Flow(galimin) 24.25 Perm Flow(gaVrnin) 4.131 Conc Flow(gaitmin) 20.12 F)Cs(g(d) 14,811 Bela 1.224 Feed Press(psi) 87.60 DP(psi) 0.762 Cone Press(psi) 88.84 Perm Press(ps1) 23.00 Pi_Feed(psl) 10.217 Pi_Memb(psl) 13.694 Pi__Canc(psi) 12.265 PI_Pernt(psi) 0.137 Not Press(psl) 50.68 Perm mg/1 Pass 1 Stage 1 _Element 1 Elenrertl 2 Element 3 Element 4 E'.ument 5 Ca 0.810 0.829 0.958 1.235 1 635 Mg 0.135 0.138 0.160 0.206 0 272 Na 0.1364 0.578 0.667 0.860 1137 _.. K 0.123 0.125 0.145 0.186 0.246 (3 a 0.0001 0.0001 0.0001 0.0002 0.0002 Sr 0.0)40 0.005 0.0058 0,0075 0.0099 NH4 0.0 0.0 0.0 0.0 0.0 Fe 0.0 0.0 0.0 0.0 0.0 1-E0,03 4.424 4.5523 5.094 6.500 8.418 CI 0.375 0.384 0.444 0.572 0.757 SO4 0.0321 0.0329 0.038 0.049 0.0649 NO3 0.0 nA 0.0 0.0 ilk F 0.0056 0.0057 0.0066 0.0085 0.0112 Br 0.0 0.0 0.0 OD 0.0 _ B (1.0 0.0 0.0 0.0 0.0 _. 8102 0.343 0 402 0.477 0.575 C.708 PO4 0.0 0.0 0.0 0.0 C.0 CO3 4.20E-05 4.42E-05 5.64E-05 9.26E•05 C.0002 CO2 37.08 36.83 36.67 36.46 36.29 - p1-( 5.298 5.310 5.363 5.470 5.583 TOS 6.817 7.024 7.994 10.200 '13,259 Perm mg/1 Pass 1 Stage 1 Element 6 Stage 1 Ca 2.235 1.246 Mg 0.373 0.208 Na 1.554 0.867 K 0.335 0.188 Ba 0.0003 0.0002 Sr 0.0135 0.0076 , 1 NN4 0.0 0.0 ( Fe 0.0 0.0 11CO3 11.442 6.548 C1 1.035 0.577 SO4 0,0889 0.0495 NO3 0.0 0.0 I oral''CR52'Collie'CO NCRW'I'I'Slagc I,Cnlc I7('is actors Clements only.Cale Feed pressure is et the lend tan-a of repte i'nme 4 1 w 16C1 F 0.0153 0.0086 Br 0.0 0.0 B 0.0 0.0 SiO2 0.896 0.552 PO4 0.0 0.0 CO3 0.0003 0.0001 CO2 36.24 36.62 pH 5.715 5A21 T D S 17.988 10.252 Feed mg/I Pass 1 Stage 1 Element 1 Element 2 Element 3 Element 4 Element b Ca 99.00 110.9 125.4 143.4 166.2 Mg 19.000 21.28 24.07 27.52 31.91 Ne 52.30 58.56 66.19 15.67 87.68 K 5.000 5590 6.310 7.201 8.327 Ha 0.014 0.0157 0,0177 0.0203 0,0235 Sr 0.600 0.672 0.760 0.869 1,007 N144 0.0 0.0 0.0 0.0 0,0 Fe 0.0 0.0 0.0 0.0 0.0 HCO3 395.0 442.7 500.5 572.3 6523.3 Cl 62.00 69,46 78.55 89.84 104.2 SO4 32.00 35.87 40.59 46.45 53,90 NO3 0.0 0,0 0.0 0.0 0.0 . F 0.300 ,0.336 0.379 0.433 0.501 fir 0.0 0.0 0.0 0.0 03 B 0.0 0.0 0.0 0.0 0.3 6102 20.00 22.38 25.27 28,86 33.40 PO4 0.0 0.0 0.0 0.0 0.3 CO3 0.455 0.520 0.676 0.902 1.237 CO2 37.08 36.83 36.67 36.46 36.29 pH 7.200 7.248 7.300 7.357 7A20 - TDS 685.7 768.3 B68.7 993,4 1,151.65 Feed rng/I Pass 1 Stage I Element 6 Stage 1 Ca 195.9 99.00 Mg 37.62 19,000 N e 103.3 52.30 K 9.787 5.000 Be 0,0277 0,014 Sr 1.187 0.600 NH4 0.0 0.0 Fe nn 0.0 HCO3 781,4 395.0 Cl 122.9 62.00 SO4 63.62 32.00 NO3 0.0 0.0 F 0.590 0.300 Br 0,0 0.0 B 0,0 n.0 S102 39.30 20,00 PO4 0.0 0.0 CO3 1.754 0,455 CO2 36.24 37.08 pH 7.487 7.200 TDS 1,357,32 (185.7 Irrnry'11)S2 Conies CO NCRWTP Stage 1,C'a1c DI'is across elements only.Caic Feed pressuie is a the lend lane of'wpm Page 5/S CAO 16C1 ''TO R A 1 Innovallon try Chemistry System Overview Report Project 1228:Collier CO NCRWTP Stage 1 reload Case 5 ST1 Y5 25.5C FF0.80 SP!10 R58,3 Op 9000PM A_32 E6 TMH2OA•400C PERM BP 23 psi Revision o Cale DP Is across elements only.Cale Feed pressure Is at the lead face of representallvel vessel In the stage Permeate _BP is 81t11e permeate port+Includes anticipated addltIonal losses Calculation Mode vFeed Water Type:Brackish Well:AuloBalance is ON Errors,Warnings,Carillons and Notices Errors'O,Warnings:O,Caulions:O,Noltces:l.See Important Notes al end/E. Database Info: Project Database:C:1Usetslpeterrn\Docurnenls\TorayDS2_v31App_Data1DS2.sdf(Ver:2.7) Membrane Database(V.20164) C iUserslpetermADocuments\TorayDS2_v31App_Date\TorayMembrane.rndI. Overall Pass 1 Raw water T'DS mg/I 685.7 685,7 CC 4J)25C/4525.5OC us 800.7/900.9 890.7/900.0 Food Pressure psi 0.0 104.0 Temperature deg C 25.50 Total DP psi 7.870 7.870 Brine Pressure psi 96d)9 96.09 Flow Allowance 5.00 yrs 0.800 SP%Increase(Max) 5.00 yrs 61.05% Recovery % 58.3(1% 58.3% Feed Flow gal/min 1,544 1,544 Product Flow gal/min 900.0 900.0 Average Flux gfd 16.807 16.807 Concentrate Flow gal/min 643.7 643.7 Product TDS mg/I 16.517 18.517 Concentrate TDS mg/I 1,624 1,624 ' Primary HP Pump kW kilowatt 87.24 87.24 Power Consumption kWhIm"3 0.427 0,427 Ions Feed Net Feed Cone Product Ca mg/I 99,00 99,00 234.6 2.(137 Mg mg/I 19,0()0 19.000 45.09 0.340 Na mg/1 52,30 52.30 123.4 1.417 K mg/I 5.000 5.000 11.563 0.30,3 Eta mg/I 0.014 0.014 0.0332 0.0033 Sr mg/I 0.600 0.600 1,422 0.0123 NI14 ,.mg/1 0.0 0,0 0,0 0.0 Fe mg/I 0.0 0,0 0.0 0.0 t1CO3 mg/I 395.0 395,0 933.7 10A84 CI mg/I 62.00 62.00 147,4 0.944 SO4 mg/I 32.00 32.00 76.63 0.081 NO3 mg/I 0.0 0.0 0.0 0.0 F mg/I 0.300 0.300 0.700 0.014 Br erg/i 0.0 0,0 0.0 0.0 B(Boron) mg/I 0.0 0.0 0.0 0,0 Si02 mg/I 20,00 20.00 46.73 0.880 PO4 mg/I 0.0 0.0 0.0 0.0 CO3 mg/I 0.455 0.455 2.988 0.0002 CO2 mg/I 37.08 37.08 36.45 4(1.71 TDB mg/I 685.7 685.7 1,624 '16.517 EC r[A25C/c@25.50C uS 891/001 891/901 1,938/1,960 20,6 120.9 pH IpH 7.200 7.200 7.560 5.624 Osmotic Press(DS1/Pitzer)psi 5.187/E.08 5.187/5.08 12.207/11.31 0.12610A3 1.91/5051 0.32/0.35 0.32/0.35 1,3211.38 -4.331 4.43 CaSO4/SrSO4% % 0.8%/0.4% 0.8%/0.4% 3.5%11.4% 0,0%/0.0% BaSO4IS102% % 14.1%/15.9% 14.1%/15.9% 50.3%/37.1% Pireer%Solubility Calclle/Dolomite 113%1175% 113%1175% 1,136%/17,474% Pllzer%Solubility CtrSO4/Sr604 1%/0% 1%10% 4%/1% _ Stage/Bank Data Pass1 Stage 1 Lead Element Typo TMH2OA400C 'Foray T052:Collier C_'O NC P WTP Stage I,Cale D1'ra Ilef,Y.Z5 clement:only.Celc reed presstue is a.the lead face of repro Pare I/4 CAO 16C1 I.est Element Type +FMH2OA-400C Total Elements 192 192 Total Vessels 32 32 Elements per Vessel 6 Feed Flow gal/min 1,544 Product Flow gal/min 900.0 Average Flux gld 16.807 Brine Flow gal/min 643.7 Recovery% % 58.30% Feed Pressure psi 104.0 dP Elements psi 7.870 Boost Pressure psi 0.0 Piping Loss psi 0.0 Net(Boost-dP piping) psi ^0.0 Brine Pressure psi 96.09 •ermeate Pressure psi 23.00 Feed IDS mg/I 685.7 Penn IDS mg/I 16.517 Lead Element Pass1 alp 1 eed Flow gal/mmn 48.24 'roduct Flow gallmin 5.133 Product TDS frig/1 11.022 Flux gfd 18.403 Lest Element Passl Stage 1 Product Flow gal/min 4.212 Product TDS mgfI 28.77 Brine/Product Ratio ratio 4.776 Brine Flow gal/min 20.12 (A1e9 Driving Pressure psi 60.09 Beta 1.226 Chemicals 100%.Disclaimer:These estimated dose rates are provided as a courtesy to'foray DS2 users and are not guaranteed. No Chemicals Added 'Errors "77 warnings V I Cautions Notices 1,Pass 1 Conc LSI.1.32 Warning-High LSI.LSI>zero.Concentrate CaCO3 greater than saturatlon.Scale Inhibitor required. Disclaimer:The program Is intended to be used by persons having technical skill,et their own discretion and risk,The projections,rihtained with the program,are the expected system performance,based on the average,nominal element-performance and are not automatically guarenteed.Torey shall not be liable for arty error or miscalculation In the prog-am.The obtained results cannot be used to raise arry claim for liability or warranty.II is the users responsibility to make provisions against fouling, scaling and chemical attacks,to account for piping and valve pressure losses.feed pump suction pressure and permeate backpressure,For questions please contact us: Tara/rndualrlus,Inc.,Wafer Tre;lrmenr Dlvislan,RC Membrane Products Dept. NIr,onbashHnurornacol 2<hooi e,Chon•ku.Tokyo 1034689,Japan TEL r81i7.32454540 FAX.81442454013 '.. Toray Membrane USA,Int 13435 Danielson St.,Poway,CA,92064,USA TEL+1.85rl 2142360 FAX.1.858-218-2390 Toray Membrane Europe AG Grebenackerslrasso 8 P.O.Bus 632 CH-1142 MunUlonsteln 1,Swltswined TEL+41.01-41.5.8710 FAX 4 1-5 1-1 154 7 20 'Ivey Asia Pte.lid. 111 Somerset Road,014.01,SloOspme 238164 TEL+09-9226.0525 FAX+6592294500 Terns.Braemar Membrane Co.,lid, Zone a,Ttansho Al,aorl In august Zarin,SSeiined 101318,Clean 'rE1.•86.1 0-8 0 4 852 18 FAX v8&10404652E1 Toray Membrane 6MOla East LLC P,0,Got 20270,Al Khobar 31952,Kingdom of Snudr Arabia 1E1.+406.13568a0a1 FAX+066-13-568.4093 Taray Advanced Materials Korea Inc. 10019Toisy Rao COW 7,Mn5oknoos inreba,Go npse1mu.Seoul,01790,ROOubI cot Korea TEa+82-2.3279-7389 FAX+922-3279409A hitu:/h>A+P. ,Qjuy`-j r/r,'r onto "foray TDS2:Coiher CO f'lCltV I P Singe 1,Cele DP is rtcrosi ehrmentr only Cale Feed pressure Is al the lead Face of repo: Prtin 2 y S 16C1 Date/Tine: 8/25/2024 8:10:59 AM Project 1228:Collier CO NCRWTP Stage 1 reload ... Case: 5:ST1 Y5 25.60 FFO.Bn spi 1r1 R58.3 Op 900GPM A-,32 EU 1 MH2OA-400C PERM BP 23 psi _ Revision: 0:Calc OP is across elements only.Cale..Feed pressure is at the load face of representalivel vessel in the stage Permeate BP Is at the permeate port+Ilciudes anticipated additional losses User name: TORAYMEMIpeterm Prepared for: Notes Membrane Database Version Number: 20164 ReleeseDale: 1/13/2023 7:00:00 PM UpdateUy: YK Toray D52 version: 2,3.3.211(1,2.8.124) Flow Diagram; 1 gal/min Flow Units , .able to be kept constant during calcuteilon PO Pressure Units dogC Temperature Units 25.50 'Temperature 1--;„1 Minimum Temperature c_a'# 1 l Maximum TemparaUe prod,;a 300.30.•.'.1 Eil_o) Nra Fe.d il.' 4 3 114 ao;+f 58.30 t, _j Feed 1eo 74:': COr.,;afttala Brackish Well : e43.74, I i 5ye4rn Removary r4'J Stream Details - Stream Number Flow Pressure TUS Est uS pH -- 20.Final Product 900.0 23.00 18.517 272 5.624 4,Feed Net 1,543.74 0.0 685.7 911 7.200 10.Feed to Pass 1 1,543.74 104.0 685.7 911 7,200 30.Cone to brine 643.7 96.09 1,624,22 1,982.4 7,560 Element Details in Pass1 Pass 1 Stage 1 Element 1 Element 2 Element 3 Element 4 Element 5 Model TMH2OA-4000 TMH20A•400C TMH2OA-403C TMH2OA•400C TMH2OA-400C Area m"2/dla inch 37.30/8 37.307 8 37.30 7 8 37.3018 37.3018 Age 5 5 5 5 5 SPI%/yr 10 10 10 10 10 SPI Applied 61.05 61.05 61.05 61.05 61.05 t'Low Allowance 0.600 0.800 0.800 0.800 0.800 Recovery% 10.639 11.499 12.544 13.822 15.390 Feed Flow(gallmin) 48.24 43.11 38.15 33.37 28.75 Perm Fiow(gal/min) 5.133 4.957 4.786 4.612 4.425 Cone Ftow(gallmin) 43,11 38.15 33.37 28.75 24.33 Flux(gfd) 18.403 17.7'74 17.160 16.537 15.867 Beta 1.178 1.185 1.193 1.203 1.214 Feed Pross(psi) 104.0 102.11 100.4 98.97 07.81 DP(psi) 1.941 ~1.655 1.397 1.162 0.952 Coric Press(psi) 102,0 100.4 98.97 97.81 96.85 Perm Press(psl) 23.00 23.00 23.00 23.00 23.00 'I'nnry'f 1:152.Culiiei;Y>NCRW"T'P Stagy I.Cali:111'is across.dements only.Cale l"er'cl pressure is u'-the lead thee of rcprc Pope.i/S CA° 16C1 U i,_Feed(ps1) 5 187 5.793 6,5.t2 7.451 8.619 PI_Memh(psl) 6.A54 7,285 8.319 9.631 11.343 Pi_Conc(psi) 5,789 6.528 7.446 8.614 10.141 Pt_Perm(pci) 0.0837 0.0858 0.0974 0.124 0.162 Net Press(psl) 73.64 71.01 68,46 65.90 63,17 Passi Stage 1 Element Model TMH2OA.4000 Area m"21 dia inch 37.30 r 8 Age 5.000 SIF1%/yr 10.000 SPI Applied 61.05 FLow Allowance 0.800 Recovery% 17.313 Feed Flow{galtntin) 24.33 Perm Flow gallmin) 4.212 Cone F Inw(g allmin) 20,12 Flux(911) 15.102 Beta 1.226 Feed Press(psl) 96.85 DP(ps1) 0.763 Cone Press(psl) 96.09 Perm Press(psl) 23.00 Pi_F eed(psi) 10.146 PI_Memh(psi) 13.640 Pl_Conc(psl) 12,200 PI_Perm(pst) 0,219 Net Press(psl) 60.09 Perm mg/1 Pass I Stage 1 Element 1 Element 2 Element 3 Element 4 Ltemenl 5 Ca 1.348 1,375 1.571 2.010 2.639 Mg 0.225 0.229 0.262 0.335 0.440 Na 0,939 0.957 1.093 1,398 1,834 K 0,204 0.208 0.237 0.302 0,395 Be 0.0002 0.0002 0.0002 0.0003 0,0004 Sr 0.0082 0.0083 0.0005 0.0122 0.016 NH4 0.0 0.0 0.0 0.0 00 Fe 0.0 0.0 0.0 0.0 0.0 HCO3 7.051 7.192 8.088 10,310 13.478 CI 0.625 0.637 0.727 0,931 'I 222. SO4 0.0534 0.0545 0.0623 0.0798 0105 NO3 0.0 0.0 0.0 0.0 00 F 0.0093 0,0095 0.0108 0.0138 0.0181 Br 0.0 0.0 0.0 0.0 0.0 g 0,0 0.0 D.0 0,0 0.0 SiO2 0.559 0.649 0.764 0.913 1.116 PO4 0.0 0.0 ~0.0 0.0 C1.f1 CO3 0.0001 0.0001 0.0001 0.0002 0.6004 ............. CO2 37.08 36.75 36.52 36.26 36.05 pH 5.498 5.510 5.563 5.670 5.788 T t7 S 11.072 11.320 12.825 16.305 21.26 Perri moll Pass I Stage 1 Element 6 Stage 1 Ca 3.585 2,037 , Mg 0.598 0.340 Na 2.490 1.417 K 0.533 0.306 Be 0.0005 0.0003 Sr 0.0217 0,0123 NH4 0.0 0.0 Fe 0.0 0.0 1-1003 18,307 10.484 CI 1.661 0.944 SO4 0.143 0.081 NO3 0.0 .0.0 Lnrey T1)52:Collier CO NCii WTI'Stage I,("ale DI'is actors elements only ("'ale Peed pressure is trt the lend face or repre l'rrge 4/5 C.PIS,) 16Ct 1 0.0245 0.014 Car 0.0 0.0 13 0.0 0.0 6102 1.402 0.882 PO4 0.0 0.0 CO3 0.0008 0.0003 CO2 36.00 36.47 pH 5.920 5.624 T O S 28.77 16.517 Feed mgll Pass 1 Stage' Element 1 Element 2 Element 3 Element 4 Element 5 C8 99.00 110.6 124.8 142.5 165.0 Mg 19.000 21.24 23.95 27.36 31.70 Na 52.30 58.41 65.88 75.17 _ 81.01 K 5.000 5.571 6.258 7.133 8,229 Ba 0.014 0.0156 0.0177 0,0202 0.3233 Sr 0.600 0.670 0.756 0.854 I.000mm NI-14 0.0 0.0 0.0 0.0 0.0 Fe 0.0 0.0 0.0 0.0 0.3 HCO3 395.0 441.7 498.4 569.0 658.7 CI 62.00 69.31 78.23 89.35 1U3.5 SO4 32.00 35.80 40.45 A6.24 53.65 -NO3 0.0 0.0 0.0 0.0 0,0 F 0.300 0.335 0,377 0.429 0A96 Br 0.0 0.0 0.0 0.0 0.0 a U.0 0.0 0.0 0,0 0.0 S102 20.00 22.31 25.13 28.52 33.07 PO4 0.0 0.0 0.0 0.0 0.0 CO3 0.455 0.519 0.673 0,896 1.227 CO2 37.08 36.75 36.52 36.26 36.05 pH 7.200 7.248 _7.300 7.357 7420 T C1 S 685.7 766.5 86.5.0 987,6 114367 Feed mgll Pass 1 Stage 1 Element 6 Stage 1 Ca 194,6 99.00 Mg 37.39 19.0 0 Na 102.5 52,30 K 9.654 5.000 Ba 0.0275 0.014 Sr 1.179 0.600 N114 0.0 0.0 re 0.0 0.0 HCO3 775.9 395.0 CI 122,1 62.00 SO4 63.38 32.00 NO3 0.0 0.0 F 0.583 0.300 Br 0.0 0.0 B 0.0 0.0 Si02 38.88 20.00 PO4 0.0 0.0 CO3 1.739 0.455 CO2 36.00 37.08 pH 7.487 7.200 MS 1,347.91 685.7 fort} 11152.Collier CO N('RW'I'1`Stage I,Cale UP I3 nt'rn3'r elements only.Cale(Iced pressure is at the lead faec of repr. Page S/S ( .',S 16C1 'TO RAY''' Toray Membrane USA, Inc. 13435 Danielson St Poway,CA 92064 Voice: 858,218.23630 Fax: 858,218.2380 Toray Membrane USA, Inc. DRAFT 5 year prorated warranty (Rev 2: 08/01/2024) Project: Collier County— North County Regional WTP (NCRWTP) Stage 1 Membrane Element Replacement 6 Trains, Stage 1: 32 vessels, -6 elements per vessel Model TMH2OA-400C This Limited Warranty, dated as of , is provided by Toray Membrane USA, Inc. ("TMtJS"), a California corporation, with offices at 13435 Danielson Street, Poway, CA 92064, USA to with offices at ,hereinafter referred to as CLIENT. The following terms and conditions apply: 1 Definitions: As used in this Limited Warranty 1. "Claims" means all assertions of any legal, equitable, and/or admiralty causes of action (including but not limited to negligence; strict liability; other tort; express or implied warranty, irdemnity or contract; contribution; or subrogation) related to or arising out of the performance or nonperformance of this Limited Warranty. 2. "Limited Warranty"or"Warranty" is a Materials and Workmanship Warranty and a Performance Warranty. The terms and conditions of each of these limited warranties are described in the sections below. 3. "Elements"are defined as a total of'1,158 model TMH2OA-400C ultra-low pressure pressure BWRO elements installed into stage 1 of 6 trains at the Collier County FL NCRWTP facility. i. Full NCRWTP trains consist of a 32:16:8 array, concentrate staged, with 6 elements per vessel. ii. Each first stage consists of 32 vessels with 6 elements per vessel, model TMH2OA-400C. Each first stage contains 102 elements for a total of 1'152 elements iii. An additional 6 spare elements are included in this contract iv. This warranty covers replacement of stage 1 elements only. Performance of older elements provided by others which are loaded into stages 2+3 of the trains, and performance of the train as a whole, including the performance of the elements provided by others in stages 2+3, is not part of this warranty. 4. Permeate Back pressure shall be measured at the permeate port for a typical vessel in each stage. At the site measurement point on each train, the permeate back pressure is expected to be 18 psi. Higher values at the permeate ports are allowable and expected. Site measured permeate back pressure at the permeate port of the representative vessel in the stage shall be used in any warranty evaluation 5. Interstage DP loss has been assumed to be 3 psi in projections. Site measured DP shall be used ;n any warranty evaluation 6. "System Start-Up Date"shall refer to the date that first time feed water enters the elements. System Start-Up Date: (Enter Date) 16C1 Collier County NCR WTP Stage I ; ADP['NDtJM 4: 5 year prorated warranty !(EV 2 Page 2 of 12 7. "Warranty Start Date" shall refer to the date of initial operation of the train System, or 180 days after the elements are delivered to the NCRWTP facility, whichever comes first. 8. "RO Inlet pressure" means the pressure recorded at the face of the lead element located in the representative vessel in stage 1 of the train. For example, if Stage 1 consists of 7 horizontal rows of elements, the representative row would be row 4 from the bottom. The representative vessel would be in the middle of the typical row. RO Inlet pressure is what is projected by the design software. 9. "Feed pipework and fitting losses" means pressure difference due to flow through pipework and fittings and elevation differences between the Feed pressure measurement point (on inlet manifold to Stage 1, downstream of any feed water flow/control/isolation valves),and lead face of the lead element loaded in the typical row in Stage 1. It includes: i. Losses through fittings (valves/tees/bends) ii. Hydraulic losses due to pipe friction iii. Entry loss into stage 2 pressure vessel. iv. Correction for any difference in elevation. The feed pipework and fitting loss value has not been defined, and is outside of TMUS scope of supply. 10. Permeate pressure are measured individually for each stage. Stage permeate pressure as included in the software refers to the permeate pressure as measured at the permeate port for the representative vessel in the stage.For example, if Stage 1 consists of 7 horizontal rows of elements, the representative vessel for stage 1 would be in row 4 from the bottom.The representative vessel is in the middle of the representative row 11. "Permeate pipework and fitting losses" means pressure difference due to flow through pipework and fittings and elevation differences between the permeate pressure measurement point and the permeate port for a typical row(reference 9. above). It includes: i. Losses through fittings (valves(if any)/tees/bends) ii. Hydraulic losses due to pipe friction iii. Correction for any difference in elevations of the instrument from the position of the typical permeate port The permeate pipework and fitting loss value has not been defined, and is outside of TMUS scope of supply 12. TDS (Total Dissolved solids) For any warranty purposes, TDS shall be measured by evaporation to dryness at 180C 13. Elements in the Clean Condition. For the purposes of this warranty, elements are defined to be in the clean condition when they are free from reversible and irreversible fouling (from any source). Toray has no control over the exposure of the elements to foulants of any type during the operation of the plant, and does not guarantee the effectiveness of'generic"or third party proprietary cleaners to totally remove foulants which may be present on the membrane surface 14. The "Toray" software computer model Toray DS version 2.0.211 or later, is the governing software for this warranty, CAO 16C1 collier County NCRW"FP Stage 1: ADDENDIIM 4: 5 year prorated warranty RI^;V 2 Page 3 of 12. 2. CLIENT's Obligations: The Limited Warranty for Elements is contingent upon CLIENT, or others on behalf of CLIENT, installing, as well as operating and maintaining (continually throughout the duration of the Limited Warranty) the Elements as a system in accordance with each of the following: i. Performance Warranty and Conditions set forth in Appendix A ii. Plant Design Operating Conditions set forth in Appendix B iii. TMUS mandatory operating conditions as set forth in Appendix C iv. Supporting software projections set forth in Appendix 0, and v. Good engineering practices :3 Materials and Workmanship Warranty TMUS warrants that its new elements are free from defects in materials and workmanship. This limited warranty is effective for 12 months from the Warranty Start Date. CLIENT'S EXCLUSIVE REMEDY AND TMUS's (INCLUDING THOSE ENTITIES INVOLVED IN THE DISTRIBUTION AND SALE OF ELEMENTS) TOTAL LIABILITY TO CLIENT UNDER THIS MATERIALS AND WORKMANSHIP WARRANTY FOR ALL CLAIMS IS LIMITED, AT TMUS's OPTION, TO THE REPAIR OF, OR REPLACEMENT OF ANY ELEMENT WHICH IS DETERMINED BY TMUS TO BE DEFECTIVE UNDER THIS MATERIALS AND WORKMANSHIP WARRANTY During the Initial performance testing period, if failure to meet warranty is due to Material and Workmanship issues, TMUS will ship replacement elements to the NCRWTP facility at its own cost. 4. Residual Material and Workmanship Warranty plus Performance Warranty period. Residual Materials and Workmanship warranty period is defined as the period following Initial performance testing to end of the Material and Workmanship period. TMUS warrants that Elements,when operating exclusively in a train with similar other TMUS elements,will meet the Performance Parameters as set forth in Appendix A. This limited warrarty is effective for Five (5)years'rom the Warranty Start date.CLIENT'S EXCLUSIVE REMEDY AND TMUS's TOTAL LIABILITY TO CLIENT(INCLUDING THOSE ENTITIES INVOLVED IN THE DISTRIBUTION AND SALE OF ELEMENTS) UNDER THIS PERFORMANCE WARRANTY FOR ALL CLAIMS IS LIMITED, AT TMUS's OPTION, TO THE REPAIR.OF, OR PRORATED REPLACEMENT OF, ELEMENTS TO MAINTAIN SYSTEM PERFORMANCE AS REQUIRED IN ACCORDANCE WITH APPENDIX B THE PRORATED ELEMENTS WILL BE HANDLED AS FOLLOWS: TMUS's Obligation under this performance warranty is limited to replacement of elements, as may be decided by TMUS in its sole discretion, as follows: The initial element replacement price (IERP)for the duration of the warranty for model TMH2OA-400C elements is$ 500.00.Amount quoted is Ex Works Toray Membrane USA, Inc., Poway, CA 92064. The adjusted warranty element replacement price(AWERP)for membrane elentents) being replaced shall be adjusted from the Initial Element warranty Replacement price (IWERP) using the Producer Price Index— Industrial Commodities(wPUo3THRU15), published by the Bureau of Labor Statistics, United States Department of Labor, hereinafter referred to as the PPI-IC. The base point for the PFI-IC adjustment calculation shall be the published PPI-IC annual average of the of the index from the purchase year of the elements, The CAO 1 6 C 1 (`Allier County NCR WTP Stage I: ADDENDUM 4: 5 year prorated warranty REV 2 Page 4 of 12 comparison point for the PPI-IC adjustment shall be the published PPI-lC annual average of the index from the replacement purchase year of the elements. Amount paid by the client(Warranty Element Replacement Price)during the prorated warranty period call be calculated using: WERP = (TOSIyy)*(AWERP) Where: WERP=Warranty Element Replacement Price (USD) TOS=Time of service (months), calculated from the Warranty Start Date AWERP =Adjusted Warranty Element Replacement Price (USD) yy= Prorated Warranty Period (months) The Maximum liability for TMUS for this Performance Warranty cver the 5-year life of the warranty Is limited to one complete load of 1158 model TMH2OA-400C elements. 5, Miscellaneous Provisions: The "owner" will record system performance data and perform the system normalization based on field data starting after approximately 2 hours of run time and thereafter a minimum of one set of data daily. The latest version of the TMUS Membrane normalization program, TorayTRAK can be provided by TMUS and is the preferred option for use. The complete normalized data set(or as a minimum, an Excel spreadsheet containing all data necessary to normalize the site data, identified by column as to what the data points represent and units of measure) shall be electronically transmitted to TMUS in the event of any warranty claim. Failure to provide the complete data set may result in any warranty claim being disallowed, 6. DISCLAIMER OF OTHER WARRANTIES: NO WARRANTIES, EXPRESSED OR IMPLIED, ARE GIVEN EXCEPT AS EXPRESSLY PROVIDED ABOVE. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE NOT PROVIDED AND ARE EXPRESSLY DISCLAIMED AND EXCLUDED, IN NO EVENT SHALL TMUS (INCLUDING THOSE ENTITIES INVOLVED IN THE DISTRIBUTION AND SALE OF ELEMENTS) BE LIABLE, IN ANY MANNER, FOR (1)ANY CLAIMS EXCEPT AS EXPRESSLY PROVIDED HEREIN, OR (2) INCIDENTAL, CONSEQUENTIAL, SPECIAL EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, PLANT DOWNTIME, OR SUITS BY A THIRD PARTY. ALL LIMITATIONS ON LIABILITY SHALL SURVIVE THE EXPIRATION, TERMINATION OR CANCELLATION OF THIS LIMITED WARRANTY. 7 Warranty Notice: Failure or refusal to fully disclose to TMUS the use and operating parameters of Elements shall render all warranties null and void. 8. Governing Law: This Limited Warranty shall be governed by and constructed in accordance with the laws of the State of California, including the Uniform Commercial Code as in effect in California. 9. Assignment: The rights and duties of this Limited Warranty can be assigned by CLIENT to the Plant Owner upon written notification. CAO 1 6 C 1 Collier County NCRWTP Stage 1: ADDENDUM 4: 5 year prorated warranty REV 2 Page 5 of 12 IN WITNESS WHEREOF, the parties executed this Limited Warranty Agreement on the date below "foray Membrane USA, Inc. By: By: Name: Name: Title: Title Date Date: CAO 16C1 Collier County NCRWTT'T' Stage 1 : ADDENDUM 4: 5 year prorated warranty KEW 2 Page 6 of 12 APPENDIX A: Performance Warranty and Conditions Within the time period and the design temperature indicated below, and subject to all design operating and warranty conditions being met(see also below and Appendix B and C), the stage 1 permeate flow will not decline below the design value,and the defined permeate quality values will meet the following limits: TIME PERIOD 5 YEAR Design Temperature 25.5°C Stage 1 Design Recovery: 58.3% Design Train Permeate flow 900 GPM Stage 1 Average Flux <_18.9 GFD Stage 1: Individual Train Permeate quality warranty (startup acceptance test + 5 year warranty period) When stage 1 is operated at stage 1 design conditions as detailed in appendix A+8, subject to all design operating conditions as specified in Appendix A, B and C, and maintained in a clean condition, individual trains shall provide adjusted permeate water quality values meeting the following criteria for the specified feed Conditions given in Appendix"B"Table 2 Color(pcu) Note 1 <5 Total Hardness (mg/L as CaC33) _< 12 Note 1: Color warranty shall apply only to organic compounds contributing to color value of a 300 Dalton molecular weight. Note 2: No other warranty is given or implied for permeate quality except for values as listed. Elements supplied to site Individual elements Performance: Individual elements supplied to meet this contract shall have the following factory wet test results: TMH2OA-400C Permeate Flow: 11,000 gpd (+20% 1-20%) Chloride ion rejection: a 99.0% Maximum salt passage (chloride ion basis) 1.0% Minimum permeate Flowrate 8,800 gpd Lot Mean Average Performance The average of the shipment of elements provided for this project shall have the following performance: TMH2OA-400C Permeate Flow: 11,000 gpd (+10% /-5%) Chloride ion rejection: a 99.3% Stage 1 Startup Differential pressure warranty Within 24 Hours of commencement of performance testing, Differential pressure across stage 1 shalt be measured while operating at stage 1 design temperature, design flow and recovery. Differential pressure across the stage 1 elements shall not exceed 25psi It is understood by all parties that the site stage 1 differential pressure measurement may contain additional site losses due to pipeworlt, vessel entry and vessel exit losses which are not associated with the differential pressure loss across the elements themselves. In the event of any warranty 16C1 Collier ( aunty NCR WIT P Stage I : ADDI33 11)t..1M 4i: 5 year prorated warranty REV 2 Page 7 of 12 evaluation, if required, the additional site losses shall be subtracted from the measured site DP value to determine the actual differential pressure across the stage 1 elements Startup Feed Pressure warranty A "Site condition Startup" projection for stage 1 shall be made (equivalent to YO projection submitted with this bid, but incorporating measured site conditions) A startup feed analysis (including all values in Table 2 Appendix"B") shall be made. Projection shall include Startup Raw water analysis after acid addition (if added) Site Stage 1 permeate flow Site Stage 1 recovery Site water temperature Site stage 1 permeate back pressure (at the permeate port of the representative vessel in Stage 1 —as defined in Section Default software fouling factor and salt passage increase per year for well water(YO) Startup site data shall be taken within 48 hours of startup Based on the above conditions, with elements maintained in a clean condition (as defined Section 1.13)site startup RC)Inlet pressure(measurement point as defined in section 1.08)shall not exceed "Site condition Startup" projection feed pressure value by greater than 10 psi. Adjustment of site startup feed pressure for operation under different site conditions (excluding permeate Back pressure) Startup feed pressure warranty is given above, based on the actual conditions at the site at startup. And is the preferred method. This is an alternative method to"normalize"actual site data back to Design startup data conditions, including the site permeate back pressures A"Design startup" projection for stage 1 shall be made Projection shall include Design Stage 1 flow Design Stage 1 recovery Site stage 1 permeate back pressure (as measured at the permeate port for the representative vessel in the system) Design feed analysis (Appendix"B" table 2) Design water temperature Default software fouling factor and salt passage increase per year for well water, YO A second "site condition startup" projection shall be made including the following Startup Raw water analysis after acid addition(if added) Site Stage 1 permeate flow Site Stage 1 recovery Site water temperature Site stage 1 permeate back pressure(at the permeate port of the representative vessel in Stage 1 —as defined in Section Default software fouling factor and salt passage increase per year for well water(YO) • Adjusted Feed Startup Pressure calculation (using permeate Back Pressure): 16C1 Collier County NCRW'l'P Stage I : ADDENDUM 4: 5 year prorated warranty REV 2 Page 8 of 12 Adjusted Feed Startup pressure equals site measured Feed Pressure (as defined in section 1.08) multiplied by ratio of projected feed pressures from "Design startup" projection" and"site condition startup" projection. Adjusted Feed Startup value shall not exceed the"Design Startup"projection feed value by greater than 1Opsi Adjustment of startup site measured permeate quality values for operation under different site conditions Based on projections as for adjustment of Feed startup pressure Adjusted Permeate quality value equals site measured quality value multiplied by ratio of projected quality values from"Design startup Feed pressure warranty projection"and"site startup membrane performance projection" Adjustment of permeate quality values Conductivity Profile At plant startup a vessel conductivity profile shall be taken. Individual vessel conductivity in a stage shall not deviate from the average permeate conductivity for the stage by more than +1-50%. Remedy shall allow elements to be relocated within the stage as necessary. Multiple attempts at relocation shall be allowable. Further to the TMUS Mandatory Operating Conditions for Performance Warranty of Appendix C, and the agreed Plant Design Operating Conditions for this Warranty of Appendix B the following section sets out the additional project specific warranty conditions of this 3-year Limited Membrane Warranty. 1, Non-oxidant biocide(s)may be added if required for additional bio-control purposes. Refer to Appendix"C" for conditions of use. 2 Antiscalant is required. Antiscalant selection shall be per Appendix C subsection"p". Any statement of compatibility with the element shall be provided by the antiscalant vendor. 3. The TorayTrak normalization software will be provided by Toray at no cost and may be used by the plant operators to log operating data and produce normalized graphs of flow, rejection and differential pressure. These graphs will serve as one of the primary tools for judging the need for cleaning, flushing and/or membrane maintenance, 4. In case of a system performance decline (loss of product flow, increase in salt passage, and/or increase in feed/concentrate differential pressure), as measured against the baseline operating conditions, then appropriate counter-measures must he performed by the end user within a reasonable time. The baseline will be established following satisfactory plant commissioning, and at steady state operation during the "Proof of Performance Period". 5. Cleaning and/or corrective treatment for an RO train shall he performed according to current operating practices. 6. The performance of the RO trains shall be reviewed by Toray on a periodic basis to confirm that cleanings are effective in maintaining warranted performance 7. The buyer shall ensure that all RO train operating data, including any troubleshooting and maintenance performed, is routinely logged, reviewed, filed and documented in a CAO 16C1 Csollicr County N('RW"1'P Stage I : Al)DLNDI-JM 4: 5 year prorated warranty PIN 2 Page 9 of 12 systematic format from initial plant start-up. For any warranty evaluation. the data shall be forwarded to TORAY on request 8. TORAY may, at its discretion, and with a minimum of 7 days notice to the client, dispatch in-house and/or outside expert(s) for on-site examination. All records relevant to the RO operation shall be made available to such parties upon request. 9, At TMUS sole discretion, warranty claims may not be considered without submission of detailed calibration information and records for all relevant flowmeters, pressure transmitters and gauges. • Pressure gauges and pressure transmitters shall be tested directly using a dead weight tester or comparison to N1ST certified test gauges. • Flow meters shall be tested by "bucket and stopwatch" techniques if possible, or by direct comparison to portable flow meters of known accuracy, capable of measuring flows at the design flow values to+/-2% of measured value or better. • Temperature readings shall be verified by direct comparison to MIST certified test thermometers 16C1 Collier County NCR WTI) Stage I : ADDENDUM 4: 5 year prorated warranty REV 2 Page 10 of 12 APPENDIX B: Plant Design Operating Conditions Feed Source Well water (Tamiami Aquifer), cartridge filtration(5umh acid +Antiscalant addition Temperature (°c) 25.5 Stage 1 Design Permeate Flow/train (GPM) _900 Trains 6 Stage 1 Design Recovery% 58.3% Feed Water TDS See Table 2 Feed Water SDI <_3.0 100% of time Feed Water Turbidity(NTU) , s 0.5 100% of the time Maxisnum Element feed pressure psi s 365 Table 1a: Train Details Primary Train (Array) 1st 2"u 3ni stage/bank stage/bank stage/bank No.of Pressure Vessels (PV) No. of 32 16 8 Elements/PV 6 6 6 Membrane Type TMH2OA- Supplied by Supplied by 400C others others Net Inter stage Boost Pressure psi (Note 1) Design Stage Permeate Back Pressure at site s 18 s 18 s 18 measurement point (psi): Note 2 Note 1 Any interstage boost provided for stage 2+3 is dependent on the conditions of operation of elements provided by others. Warranty in this document is limited to Stage 1 only. Note 2 Projection permeate back pressure is measured at the permeate port for the typical vessel in the stage.. TMUS has no objection to operation at higher permeate back pressure values. It is recognized by all parties that additional permeate back pressure is additive to the feed pressure to the train. Site measured permeate back pressure at the permeate port for the representative vessel in Stage 1 shall he used for any warranty evaluations. CAU 16C1 Collier County NCRW"I l' Stage I: ADDENDUM 1: 5 year prorated warranty REV 2 Page I 1 of 12 Table 2: DESIGN FEED WATER QUALITY Component Ions Design Feed (as the ion unless stated otherwise) Temperature (°C) 25.5 pH 7.2 Total Hardness(mg/I as CaCo3) 326 Ca(mg/L as Ca) 99 Mg (mg/L as Mg) 19 Na (Note 1) 52.3 K 5.0 Ba 0.014 Sr 0,6 Alkalinity(mg/L as CaCO3) 324 HCO3 (mg/L as HCO3) 395 SO4 32 CI 62 F 0.3 NO3(as N) 0 Silica(reactive) mg/L 20 TDS (Note 1) 685.7 True Color(PCU) 20 Total Sulphide s 1.0 Turbidity NTU s 0.5 SDI <3,0 Note 1 TDS shall by measured for any warranty purposes as defined in section 1.14. TDS values quoted in Table B are based on sum of ions, and Na value adjusted to balance feed. Note 2 Reverse Osmosis membranes remove a percentage of feed constituents. No warranty is given or implied for expected permeate concentration of any compound other than those specifically defined in Appendix A CAO 16C1 Collier County NCRWTP Stage I : ADDENDUM 4: 5 year prorated warranty REV 2 Page 12 or 12 APPENDIX C: Mandatory Operating Conditions for Performance Warranty Toray Membrane USA, Inc. (TMUS)guarantees the performance of its Reverse Osmosis(RO)membrane elements in accordance with the conditions presented below.Please note that this bulletin is NOT a warranty. It presents only the system operating conditions on which the warranty will be based. The Performance Warranty for Toray RO elements within a system shall be null and void if any of the following conditions are not met. Conditions of Warranty a.The system array,recovery,Instrumentation,design parameters and components in which the element(s) are employed shall be consistent with sound engineering practice.TMUS reserves the right to review all system designs, b. Feed water temperature shall be less than 45•C. c. Feed water shall be less than 3.0 SDI 100%of the time,and Turbidity less than 0.5 NTU 100%of the time d.The brackish element(s)shall not be exposed to pressures greater than 365 psi. f, During continuous operation,the pH shall never be less than 2.0 and greater than 11.0. pH adjustment,if required,will be adjusted using H2SO4or NaOH or approved equivalent. g.Recovery ratio shall be consistent w th concentration of sparingly soluble salts.There shall be no irreversible membrane scaling of any type through operation under supersaturated concentration conditions including but not limited to Ca,Mg,Sr,Ba,salts and silica. h.There shall be no Irreversible membrane fouling by colloidal or precipitated solids. The feed water shall contain no colloidal sulfur. i,There shall be no membrane damage or irreversible fouling caused by chemical compounds of inorganic or organic nature(e.g., surfactants,solvents,soluble oils,free oils,lipids and high molecular weight natural polymers). j. Feed water shall contain no ozone,permanganate,or other strong oxidizing agents. k.Adequate provisions against microbiological contamination shall be incorporated into the system design, as we`l as into all operating and maintenance procedures.There shall be no irreversible fouling caused by such organisms of any type(including but not limited to algae,bacteria molds and yeasts,either viable or deceased) I. Elements must be in use for at least six hours before formaldehyde is used as a biocide. If the elements are exposed to formaldehyde before this period,severe irreversible loss in flux may result. in. Clearing shall be initiated when the normalized product flow declines by 10%to 15%. a.The element(s)shall not be exposed to a pH less than 1 or greater than 12.0 during cleaning or in shutdown periods.More specifically,maximum pH 12.0 when the cleaning temperature is less than or equal to 25°C for a maximum 4 hour exposure,and maximum pH 12.0 when cleaning temperature is less than or equal to 30°C for a maximum of 2 how.exposure, and maximum pH 11.0 when the temperature is greater than 30°C but less than or equal to 35°C. and maximum pH 10 when the temperature is greater than 35°C but less than or equal to 45°C. o.Foulants are site specific.The optimal cleaning regime usually can only be determined at the site through running cleaning trials.Toray recommends the buyer to consult with an expert membrane cleaning chemical supplier to determine the best cleaning regime.it is the responsibility of the buyer to maintain the elements in a clean condition. p.it is the responsibility of the client to satisfy themselves that all third oarty chemicals which may contact the membrane element(including,but not limited to antiscalants,pretreatment additives,non-oxidizing biocides and cleaners),are compatible with Toray membrane elements and effective for their purpose. Such information shall be supplied by the chemical vendors. q. Buyer shall be responsible for providing the user with adequate system operating and maintenance manuals,operator and supervisor training and ensuring user's ability to perform cleaning and other performance restoration and diagnostic procedures. r. Buyer shall ensure that frequent,adequate system and subsystem performance data are routinely logged, reviewed and filed in a systematic format, Such information is to be made available to TMUS on a reasonable basis in the event a claim is made against TMUS. Performance data shall include as a minimum: operating time, pH,pressure and pressure drop; feed water,permeate and brine flows and TDS;feed water temperature and antiscalant dosage. s.TMUS will have the final decision on element replacement, repair or supply of additional elements necessary to maintain output quality and quantity. Reminders 1. Permeate obtained from first hour of operation should be discharged to drain. 2.If elements need to be returned to TMUS for warranty evaluation,please obtain an RMA(Return Ma::eriai Authorization)number from TMUS before shipping. CAO 1 6 C 1 GROUP- Certificate of Compliance Certificate: 2173759 Master Contract: 246607 Project: 80200163 Date Issued: 02/14/2024 Issued to: 'Foray Membrane USA,Inc. 13435 Danielson SI Po►►ay,California 92064 United States Attention:Marcus Wada The products listed below are eligible to bear the CSA Mark shown with adjacent indicators 'C'and 'US'fur Canada and US or with adjacent indicator 'US'for US only or without either indicator for Canada only. Issued by: Teri fRahman T arif Rahman US NSF/ANSI/CAN 61 PODUCTS C686108 MECHANICAL DEVICES-NSF/ANSI/CAN 61 SECTION 8-Certifier!to NSF/ANSI/CAN 61 Material fnr use in contact with drinking water only(Cold 23oC). Reverse osnnsis ns irbrane eletrrnts Model(s) •TM720-43C,Th4720.400,TM720-370,TM720-440,TM720N-400,TM720D-400,TM720U 440,TMG20D-400,TMG20D-440,TM720D- 370,TML20D-370,TML200-400,TML20D-440,TLF-400DG,TI -440DG Certified to a nunintun daily flow of 6700 Liters or 1770 US gallons Reverse osnnsis membrane clen>rnts QD 507 Rev 2019-04-30 e)2024(;SA Gotp.All rid is rev rvat l'af 1 CAO 16C1 @gRouP Certificate:2173759 Master Contract:246607 Project:80200163 Date Issued:02/14/2024 Model(s) TMG40D-17G0 Certified to a minimun daily flow of 17300 Liters or 4600 US gallons Reverse ostrosis ltlerrbrane elements Modet(s) TM(320-430C,TMG20-400C,TMG20 440C,'rMG20N-400C,TM720C 400,TM720C-430,TM720L-400,TM020-440,TMi-120A-400, TMH2OA 440,TMI-i20A 400C,TM1120A-440C Certified to a niiirrurn daily flow of 8400 Liters or 2220 US gallons Reverse osmosis rriembrane elerrrnls Models) TMG10,TMLIOD,TMH10A,TMSIO,TM8IOF,TM710D,TM010D,TMSIOC,TM8l0M,TMSIOK and TMSIOV Certified to a rrmrfinun daily flow of 1870 Liters or 495 US gallons Reverse osmosis membrane elements Models) 1M820-370,TM82013-370,TM820C-370,TM82OM-370,TM820K-370 Certified to a nini nrm daily flow of 8230 Liters or 2175 US gallons Reverse osmosis rrenrbrane elemnts Models) TML20-400,TM820-400,TM820C-400,TM820E-400,TM820E-400,TM820V-400,TM820V-440,TM820M-400,TM820M-440,TM824K 400,TM820K 440,TSW-400LE,TSW-440LE Certified to a nininiurr daily flow of 8900 Liters or 2350 US gallons Nanafiltration Devices(CSM) Models) (Size(inches) TII:A040-70 4 x 40 QI)507 Rev 2019.04-30 u;;2024 CSA G oµi.All rights reserved. Pair 2 '� CAO 16C1 C:A CROUP,. Certificate:2173759 Master Contract:246607 Project:80200163 Date Issued:02/14/2024 N134040-90 4 x 40 Reverse Osmosis Elements(CSM) Model(s) Size(Inches) RE4040-BE 4 x 40 REI040-BLF 4 x 40 RE4040-B1.N 4 x 40 RFA040-FEN 4 x 40 APPL1CAOLEREQMI �1E1t NSF/ANS1/CAN 61-2022-Drinking Water System Components—Health Effects QD 507 Rev 2019.14-30 s?2024 CM Cto4).All riOas reserved Page 3 CAO 1 6 C 1 GROUPSA C Certificate:2173759 Master Contract:246607 Project:80200163 Date Issued:02/14t2024 Notes: QD 507 Rev 2019-04-30 (02024 CSA Clop.All rights re,eived Pdge 4 GAO 16C1 CA GROUP Supplelluint to certificate of Cnnrpli(mee Certificate:2173759 Master Contract:246607 The products listed,including the latest revision described below, ale eligible to he marked in accordance with the referenced Certificate Product Certification History Project Date Description 80200163 Febn:aty 14,2024 Add PN 6010 with arterial Splendid Seal E7001759 for products certified to NSF/ANSI/CAN 61-2022. 80190240 November 17,2023 Add Toray China Plants TBMC and TMFC as alternate suppliers for 73AC and 73UAC,and California Trading Company as alternate supplier for PN 2010,for products certified to NSF/ANSI/CAN 61-2022. 80185347 October 04,2023 Add seawater nrerebranes 84V3D(models TM810V,1M820V 400, TM820V 440)and 84M3D(models TM810M,TM820M-370,TM820M-400,TM820M-440)to NSF/ANSI/CAN 61-2022 certification. 80160525 March 14,2023 Update Report 2173759 to add alternate supplier TCK for Seawater Menlatancs 84V4D, 84R4D,84M4D and 84K4D.Update to NSF/ANSUCAN 61-2022 as per Certification Inform Drinking Water Products No.59. 80144804 October 14,2022 Scope:Addition of alternate supplier RN 20041iDPE Brine Spacer fir existing models in report 2173759. 80129153 May 26,2022 Add alternate materials/suppliers for products certified to NSF/ANSI/CAN 61-2020 80123720 April 19,2022 Add alternate suppliers for products certified to NSF/ANSI/CAN 61-2020 80118573 March 10,2022 Add alternate components to products certified to NSF/ANSUCAN 61-2020 80091322 October 29,2021 Add alternate PVC tube to RO membrane products certified to NSF/ANSI/CAN 61-2020 80070935 April 22,2021 Evaluation of alternate materials and suppliers to NSF/ANSI 61-2019. Testing ofTM820V- 400 Seawater membrane element.Update to NSF/ANSICAN 61-2020 as per Drinking Water Products Notice No.56. QD 507 Rev 2019.04-30 02024 CS4 Crag.AU 06'0 irser ed In;p 5 .A. CAC 16C1 • al/ C;SA GROUP Certificate:2173759 Master Contract:246607 Project:80200.163 Date Issued:02/14/2024 80040251 April20,2020 Update report to add alternate materials far NSF/ANSI 61 certification 8003 1819 February 04,2020 Update Report 2173759 to add inn brans UTC-73HA,UTC-74HA,UTC-70HA to NSF/ANSI/CAN 61-2018 certification 80016266 September 04,2019 Update Report 2173759 to add altenratc trateriaVsupplier for NSF/ANSI 61 certification 80002418 July 03,2019 Evaluation of TCK mnthranes UTC-70LFA,UTC-73LFA,UTC-74LFA, UTC-70LFU for use in various Reverse Osrmsis Membrane Elements certified to NSF/ANSI 61-2017 70212344 April23,2019 Evaluation of TCK nr trbranes UTC-73AC,UTC-701JAC,ITTC-73UAC, and UTC- 74UAC as well as addition of alternate materials and suppliers for use in various Reverse Osmosis Membrane Elements cuffed to NSF/ANSI 61-2017 70199440 December 14,20 t 8 Testing of TM720D-400 with membrane TCK UTC-70AC to the requirements of NSF/ANSI 6I-2016 70204298 November 22,2018 Update Report 2173759 to add Split Ring p/n 6003 to Seawater products and add UfC- 74UAC membrane to Brackish products 70201722 October 18,2018 Update Report 2173759 to add UIC-73IF membrane as an alternate membrane fbr 'IM720D-400 and M72013-440 70193295 August 02,2018 Add 3009 Tricot to TMG40D-1760 as alternate material to 3007 Tricot Add DuraPro glue (NSF approved)to CSM products Add 12233 Thatcher Ct and 12201 Thatcher Ct facilities. Remove Anaheim facility.Move products 6oln Report 70121784 to Report 2173759. 70182037 July 13,2018 Evaluate TMG40D-1760 to NSF 61 - 70089040 May23,2017 Evaluation of RO membrane elements TMI-I20A-400C/440C to NSF/ANSI 61-2015 (ERTA)based on previous testing 70053021 November 12,2015 Report report with additional model under MS F/ANSI 61-2014a(Class 6861 08) 70050064 October 21,2015 Update report with Changes to approved materials lists and new models based upon previously approved models under Section 8 of NSF/ANSI 61 70043505 August 20,2015 Class 6861 08-Update Report 2173759 to include 4 new models similar to previously certified models. QD sti Ility 2019-04-30 ©2024 GSA Onyi.All tights reserved r'i41 / CAO 16C1 CSA ► GROUP Certificate:2173759 Master Contract:246607 Project:80200163 Date Issued:02/14/2024 2620671 April 30,2013 Class 6861 08-Update report with new trodels/altenuate construction; evaluarte new men-inane backing material;no testing. 2521489 June 20,2012 Class 686108;evaluate alternate adhesive and 1M720D models using alternate n rthran c. 2503620 March 30,2012 Class 6861 08-evaluate two alternate pemrcate carnets for use in certified elen>4nts;add models TM720-440,TMG20-440,7MH2OA-400,TMI-120A-440 2468356 October 26,2011 Class 6861 08-add model TM72OC-400 based on previous testing 2312860 August 31,2010 Evaluation of Membrane Filter Elements to NSF/ANSI 61 Section 8. 2259101 May 11,2010 Evaluation of RO Membranes TM810,TM810F,7M820-370,TM820C-370,TM820-400, TM82OC-400,TM8208-400,TM820E-400 to NSF/ANSI 61 2257845 February 10,2010 Evaluation of additional r etrbtane element rnxndeis 2173759 September 16,2009 Evaluation to NSF/ANSI 61 RO membrane Models T1vt720-370,1M720-400,17072.0- 430,TMG20-400C,TMG20-430C 2173759 Scptcrrber 16,2009 Evaluation to NSF/ANSI 61 RO rrernbrane Models TM720-370,TM720-400,1 M720- 430,TMG20-400C,T1v1G20-430C Q4110507Rev2019.04-30 02024CtA Maw.Ail ri us,cyved Png7 CAC) 16C1 TMUS Installation List- Model TMH2OA-400C and Additional Florida Prolaat Namo State Country Year Installed Feed Source Permeate Use Flow x 1000 GPD Number of Trains Elmt Model Fargo ND USA 2018 Brackish well Potable _ 14700 7 TMH20A•400C., - New Bern NC USA 2016 Brackish well Potable 3000 3 TM1120A 400C_ North Springs Improvement District FL USA 2014 Brackish well Potable >5000 3 TMH2OA-400C Marco Island SW1P FL USA 2016__.._ Bracklshwall Potable 6000 0 TM720D-400� St.Lucie Wes'Services Dtetrlct FL USA 2013 Prankish well Potable 6000 4 TMG20-440C JEA Port SI Ludo FL USA 2006 Brackish welt Potable 10000 5 TMG20-430 CAD 16C1 ■ I'roctuct f9� tasheet 'T ' Innovation by Chemistry TMHA Series Ultra-Low Pressure Brackish Water Reverse Osmosis(RO) Membrane Element Toray's reverse osmosis membrane technology applies decades of R&D and precision automated manufacturing under ISO 9001 Tm for consistency in product quality. State-of-the-art cross-linked t} " fully aromatic polyamide composite membranes produce high- 44 ,,a quality permeate and robust membrane chemistry for Improved ,-`— performance and longer membrane Me. Product Specifications Unit TMHIOA TMH2OA•400C TMH2OA 440C. Size 4040 8040 8040 Membrane Area ft2(m2) 87(8) 400(37) 440(41) Nominal Salt Rejection % 99.3 99.3 99.3 Minimum Salt Rejection % 99.0 99.0 99.0 Product Flow Rate gpd(m'/d) 2,400(9.1) 11,000(41.6) 12,100(45.7) Min.Product Flow Rate gpd(mild) 1,900(7.2) 8,800(33.3) 9,700(36.7) Feed spacer thickness mil 34 34 28 Test Conditions:Feed water pressure 100 psi(0.69 MPa);Feed water temperature 77°F(25°C);Feed water concentration BOO mg& as NaCI;Recovery rate 15%;Feed water pH 7 Applications w Products manufactured at our U.S. Municipal drinking water,Industrial process water, a facility(THUS)are certified to NSFfAMSI Water reuse c us 61 for drinking water applications. Feed Water Permeate Concentrated Brine Flow direction � Figure 1:4040 elements Dimensions in.(mm) nI � .c1111 Size 4040 8040 i.--D D-401 A 4.0(101) 7.9(201) B t3 40(1,016) 40(1,016) Figure 2:8040 elements C 0.75(19) 1.125(29) D 1.05(26) I -... 1Pt2 01-MB1 03.230113 CAO 16C1 ATORArr • Product Datasheet innovation by Chemistry TMHA Series Ultra-Low Pressure Brackish Water Reverse Osmosis Membrane Element Operating Limits Unit Value Maximum operating pressure° psi(MPa) 365(2.5) Maximum feed water temperature °F("C) 113(45) Maximum feed water SDIis 5 Feed wafer chlorine concentration ppm Not detectable Continuous operation 2-11 Feed water PH range Chemical cleaning 1-12 Maximum pressure drop per element psi(MPa) 15(0.10) Maximum pressure drop per vessel psi(MPa) 50(0.34) Operating Information 1. Please consult the latest Toray technical bulletin,design guidelines,computer design foray accepts no responsibility lot results program,or call art application specialist for the recommended design range.Not strictly obtained by the application at this I foanation or following the operating limits stated In this bulletin will void and nullify the United Warranty. lire safetyatoneor i orn suicombmxtatdutytlo orfriwawith ys other Ixaducu,producteithers, 2. All RO elements are wet tested treated with a 1 percent by weight sodium bisuifite storage Users are advised to make their own tests to solution.Afterward,the R0 elements are vacuum packed in oxygen barrier trays or treated determine the satery and suitability of each with a tested feed water solution,and then vacuum sealed in oxygen barrier bags with product combination Iris their owa purposes. deoxidant inside.Toray recommends flushing Toray RO elements for 30 to 60 minutes once aft data may change without prior notice,due to every two days with sufficient quality flushing water,such as pre-treated feed water,to technical modifications or production changes. Please he slue to Inquire about the latest product prevent biological growth during system shutdown.Please refer to the Toray R0 Hartcfling ,pociprapons, Manual for suggested flushing water quality. 3. T•le presence of tree chlorine and other oxidizing agents under certain conditions,such as heavy metals that act as oxidation catalysis in the feed water,will cause unexpected oxidation of the membrane.lousy strongly recommends removing these oxidizing agents contained in feed water before operating the R0 system. 4. Permeate from the first hour of operation shall be discarded, 5. The customer Is fully responsible for the effects of chemicals that are incompatible with the elements.Their use will void the element Limited Warranty. 6. Maxtmwn operating pressure will vary depending on feed temperature.Please ask for (tetailed information born bray Ii needed. Headquarters Europe&Sub-Saharan Africa Unkedln YouTube Japan+813 3245 4540 (TMEU) Asia Pacific Switzerland +41 61 415 8710 For more info,please visit China(TBMC) +86 10 8048 5216 Middle East(TMME) Ovate r.to ray Singapore tTAS) +65 6226 0525 Saudi Arabia +966 13 568 0091 Korea(fAK) +82 2 3279 1000 U.A.E. 19/I 4 392 8811 Americas(TMUS) 2 of 2 California +i(858)218 2360 02022 Toray industries,Inc. 01-MCI-03.220113 CA° 16C1 Toray Membrane USA, Inc. 'TORAY' 13435 Danielson St., Poway, CA 92064 Toray Membrane USA, Inc. Contact Information for TMUS Installation List TMH2OA-400C and Additional Florida Brian Ward Plant Superintendent City of Fargo Membrane Water Treatment Plant PH:701-241-1469 435 14th Avenue South Fargo, ND58103 Elliott Thomas Assistant Superintendent._Water Department Craven County New Bern WTF ethcrmas c craavencountync.gov Phone:252-636-6615 280 MITI Dam Road. New Bern,NC 28560 Derek Knowles Lead Operator North Springs Improvement District r3.5:itln>nsidll.Pov_ PH;954-752-0400 9700 NW 52 Street Coral Springs,FL 33076 Pierre Vignier Capital Improvement Coordinator City of Port St.Lucie JEA WTP PVignier@citvofpsl.com Phone:772-871-5434 7599 L.T.C.Pkwy Part St.Lucie, FL 34986 Darrell Wil`iams Chief Plant Operator City of Marco Island Water and Sewer Department dwiliiams(ocityofmarcoisland.com Phone:239-394-3RR0 415 Lily Court Marco Island,FL 34145 Josh Miller Utilities Director St. Lucie West Services District jmiller@slwsd,org PH:772-340-0220 450 SW Utility Drive Port St.Lucie,FL 34986 Tel: 858-218-2360 Email innovation@toraymem.com Web: www.water,tgrav CAO 16C1 EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Shawn Eastman Construction Superintendent Gregory Sato Project Manager 13 Construction Services Agreement:[2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 EXHIBIT B-1: PUBLIC PAYMENT BOND (Following This Page) 14 Construction Services Agreement:[2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 EXHIBIT B— 1: PUBLIC PAYMENT BOND Bond No. 79B002371 Contract No. 24-8279R KNOW ALL MEN BY THESE PRESENTS: That H2O Innovation USA, Inc as Principal/Contractor, and LIBERTY MUTUAL INSURANCE COMPANY , as Surety, located at 175, Berkley Street, Boston, MA 02116 (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Oblige in the sum of ONE MILLION ONE HUNDRED NINETY TWO THOUSAND SEVEN HUNDRED SEVENTY EIGHT DOLLARS ($ 1,192,778 ), 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 g day of cl IA i , 2025 BID NO.24-827Rwith Oblige for PLANT NANOFILTRAOT ON SYSTEM UPGRADESCOUNTY REGIONALWATER TREF(TAA lroject) 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 remaiiis 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 suretiiep'c?•bligption under this Bond. The provisions of this bond are subject to the time limitations of Section n5.0592. In no event will the Surety he 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 21ST day of MAY , 20 25 , the name of undersigned representative, pursuant to authority of its governing body. [2024_ver.1] 16C1 Signed, sealed and delivered in the presence of: PRINCIPAL/CONTRACTOR: H2O INNOVATION USA, INC. d 7------4* C' t ;nc k Sn1 t) Meal e Name and Title STATE OF {-2 COUNTY OF /A .r (c1 The foregoing instrument was acknowledged before me by means of__/ physical presence or online notarization, this -`; day of 1' 2015 by t.,-� E,.--.1 5 - --' as_ Yis Sc `� .s"ak.21 j'-'-v of ''-c7 .c tx Jt-9v.c,.y 3 ,t ;A. - , n:_; a r,. s r. 4., corporation, on behalf of the corporation. He/She is personally known to me OR has produced r:,/fir:; -- •'`-.a, 2• identification and did (did not) take an oath. My Commission Expires: It !2112-6� . :_ _� (Signature of Notary) (AFFit 'IAL S &i()PASTORINO , sJ f?;k P', =;l.R, i 4 R Notary Public-Arizona • b h1 .W County (i_�,ylal, Printed)9 IS 1:77%* Co missionit677509 Notary public, State of y-+7 -'`"'.e, _-_ __ C \:912° My Comm.Expires Nov 28,2028 I Commission No: ' %:4 cs R TY' LIBERTY MUT F:LIINSiURANCE COMPANY \ . 175,Berkley Street, Boston,MA 02116P�iNst7R� k `J capoRST Au oriL i `r mi r. � �� ` `r Li a Bet ncur, orney-In-Fact 1912 ( Tinted Name) (Business Address) _ _ r��S1 s" STATE OF _ Seal No.5089 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: SEE ATTACHED CA NOTARY ACKNOWLEDGMENT (Signature of Notary) _._. (AFFIX OFFICIAL SEAL) _ --_... (Legibly Printed) Notary Public, State of Commission No.: OR POWER OF ATTORNEY IN FACT r2024_ver.1I 16C1 As Attorney in Fact Signature (Attach Power of Attorney (Printed Name) —� (Business Address) STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of 20_ _.._by as of _ a corporation, on behalf of the corporation. He/She is personally known to me OR has produced identification and did (did not) take an oath, My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: (2024_ver.11 16C1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento On MLLA , (3a before me, Lisa Betancur, Notary Public (insert name and title of the officer) personally appeared Donna Marie Borja who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that t e.foreo�ng �- .;, paragraph is true and correct. LISABEfANCUR �s Notary Public-California � Sacramento County 2 8 M Comm.Expires Aug 19,2027 Jr WITNESS my hand and official seal. \��'�y P � r I l• Signature (Seal) (1 16C11 EXHIBIT B-2: PUBLIC PERFORMANCE BOND (Following This Page) 15 Construction Services Agreement:[2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 1 6 C1 EXHIBIT B—2: PUBLIC PERFORMANCE BOND Bond No. 79B002371 Contract No. 24-8279R KNOW ALL MEN BY THESE PRESENTS: That H2O INNOVATION USA, INC as Principal/Contractor, and LIBERTY MUTUAL INSURANCE COMPANY , as Surety, located at 175, Berkley Street, Boston, MA 02116 (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Oblige in the SUM Of ONE MILLION ONE HUNDRED NINETY TWO THOUSAND SEVEN HUNDRED SEVENTY F1GHT Doi I ARS ($ 1,192,778 ), 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 forrihalities connected with the Contract or the changea do not affect Sureties obligation under ills I3ond. 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 21st day of May , 20 25 , the name of each party being affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. [2024_ver.1] 16C1 Signed, sealed and delivered in the presence of: PRINCIPAL/CONTRACTOR: H2O INNOVATION USA, INC. /4 Si jnat c TirtJc Ceutis frl& 4el- Name-and Title STATE OF 4-, ' COUNTY OF ANAA;- '.>. The foregoing instrument was acknowledged before me by means of '• physical presence or online notarization, this '.i day of t`-r 5 20-,.-4% by e;r ..+-•t -,4 e - as vn3• y,1. 5, _ - i?t:;,,-4,fCr of 4 :7 :;y,H.i)s- F; ;n ,ll.SA P. a r r 01a1, corporation, on behalf of the corporation. He/She is personally known to me OR has produced i19 y,z„- t ;.'r;.; ' identification and did (did not) take an oath, My Commission Expires: ',i 17.-yi i v-.._T_ ./ . _—:_ ''ilwardil — ` _ _ — (Signature of Notary) (AFF iN OF AL SEAiEk PAST0RIN0 I {',;;, r- "•�'% ��` g R. Notary Public-Arizona l �;r.lbl,+Printed) ' Maricopa County (- e J r 9 r' . _ Commission 677509 Notary Public, State of fir' .<,f, .,N. "12' Al ExpiresNov 28,2028 i y Comm. Commission Na.: i;777.Sd1 S LIBERTY MUTUAL INSURANCE COMPANY 175,Berkley.,street,Boston �.,MA 02,11.6 • , /oT, ORq,gtic, A horl gnatute I� ;�12 Li a Betancur, Attor y-In-Fact s t Tinted Name)) (Business Address) ; 95�="°5�„,a w F STATE OF Seal No.G089 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. Fle1She is personally known to me OR has produced _._identification and did (did not) take an oath. My Commission Expires: SEE ATTACHED_CA NOTARY ACKNOWLEDGMENT (Signature of Notary) (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, State ofCommission No.: 12024_ver.11 16C1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento On s before me, Lisa Betancur, Notary Public (insert name and title of the officer) personally appeared Donna Marie Borja who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of at the,ffore oi,ng paragraph is true and correct. ' � LISA BETANCUR r! i n\ Notary Public•California 11 `ra,,,l4�r�•:3^ Sacramento County z \ "` Commission'2459753 WITNESS my hand and official seal. \`' "�''\�y Comm.Expires Aug 19,2027 r► — a — � a r n„J-r► rrr` Signature ,� (Seal) c1 16C1 • Liberty P Mutual. SURETY RIDER SURETY To be attached to and form a part of Bond No.: 79B002371 Cross Ref: Type of Bond: PUBLIC PERFORMANCE BOND/PUBLIC PAYMENT BOND dated effective: 04/23/2025 (MONTH-DAY-YEAR) executed by: H2O INNOVATION USA, INC ,as Principal, (PRINCIPAL) and by: Liberty Mutual Insurance Company ,as Surety, in favor of: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (OBLIGEE) in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing The performance and payment Bond Amount is increase to$1,192,778 Nothing herein contained shall vary,alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective 05/23/2025 (MONTH-DAY-YEAR) Signed and Sealed 05/23/2025 (MONTH-DAY-YEAR) H2O INNOVATION USA, INC (PRINCIPAL) INS4 By: J:GORpoitt, yct� (PRINCIPAL) r 1912 y o Liberty Mutual Insurance Company (SURETY) d��sgtiu� dam By: ` f �`•)J._i _�; f dl (ATT RNEY-IN-FACT) Donna Marie BOrJB LMS-10443 08/08 16C1 This Poµer of Attorney lints te e"ts of those roared herein,arnCS they have no at-oily to a y Bind the Conpariyexce inirrenGrr'ei'arid tonneexteii herein s «•i I i berty Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Certificate No:8210551-969099 West American Insurance Company SURETY POWER OF ATTORNEY MOAN ALL PERSONS BY il-ESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Lisa Betancur,Donna Marie Bor_ja,Alison Chambers,David W.Garese,Robert J.Garese,Maria Pamela Duran Rufino,A.Catherine Skeen,Brooke A.Skeen all of the city of Sacramento state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN lAWT SS lAk•EREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of May , 2025 . Liberty Mutual Insurance Company 1Nsi.hy ivy\ iNgU x4 tNsup� The Ohio Casualty Insurance Company `J os?eRq o40 co `=e��77--.�j VG4OmnORgr�4 West American Insurance Company ii` / 7.,., 4 o P1 n 1919 1`!, 1991 2 � >1� 19 2 0 \ . GS C,> VgCHUs dal \^A�jab �FiP�v01;�t/T aav' By: -/.— ? / ,,... Q O j Fa' State of PENNSYLVANIA Fu David M.Carey,Assistant Secretary s= 2 a County of MONTGOMERY ss e a On this 23rd day of May , 2025 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance v o CO Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes`E therein contained by signing on behalf of the corporations by himself as a duly authorized officer. >a IN tRIT2rESS VIFEREOF I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. <u, co (L'iyCMWg4r C�<. Commonwealth Paulette,Notary PublicNotary Seal a_ r` OP i Montgomery County alp/. '' ,J�//� ?°—p. ,—o My commission expires March 28,2025 By: � /U✓ ,J O tV .1 v pa Commission number 1126044 {� 2 'V'4' Member,Peonsyivanie Association of Notaries Teresa Pastella,Notary Public Q 0 cp cur ,O-,c- 22 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual m 3 o•S• Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: Q ARTICLEIV—OFFICERS:Section 12.Power of Attorney. co o a,6 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the-0 7g President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety cu any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to tire limitations set forth in their respective powers of attorney,shall ti o have full power to bind tine Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such o z c0i instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the'° 2 provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Cc-rtsfrcede of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in fuii force and effect and has not been revoked. IN TEST'INI NYVN-EREOF,I have hereunto set my hand and affixed the seals of said Companies this 23rd day of May , 2025 . , ti4SUii, qY rNso 1NSUp ,. =oa42n ce(pR' q,% `Pco,ron,sr 9yn! Frn ' t,C % m 1912 o 919 � 1991 `-'— �aZ^ a By:Q '�� V` Sa �s,/olnu1` aa Renee C.Llewellyn,Assistant Secretary * ig "4xle LMS-12873 LiliC OCIC WAIC Multi Co 02/21 16C1 ....r This Power of Attorney limits the acts of those named herein,and they have no authority to r s bind the Company except in the nerner and to the extent herein stated �� ` Liberty ALiberty Mutual Insurance Company Mutual, The Ohio Casualty Insurance Company Certificate No:8210551-969099 West American Insurance Company SURETY POWER OF ATTORNEY MOAN ALL PERSONS BY TI-ESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Lisa Betancur,Donna Marie Borja,Alison Chambers,David W.Garese,Robert J.Garese,Maria Pamela Duran Rufino,A.Catherine Skeen,Brooke A.Skeen all of the city of Sacramento state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and Shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS W-EREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of May , 2025 tNs(, Liberty Mutual Insurance Company P, ,, P`.:0 INs& \NS1J The Ohio Casualty Insurance Company „ daeo�Toy� �J240ftPOR.gl�'?Q. 0 ryPOk,"14n West American Insurance Company o m �; ; 1912y0 oZ1919� 1991 ki-/,/ �� c-j ,,, CHUS,aa1� yO•c�NArnP`��:AD Y �NOIANP a f! au-•` N O c sit * y,� dy1 * ista s'4 * i•�a BY: '' ' ._ Co David M.Carey,Assistant Secretary L to State of PENNSYLVANIA 2 a, County of MONTGOMERY SS E o O > o On this 23rd day of May 2025 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance a)>c>S Company,The Ohio Casualty Company,and West American Insurance Company,and that he.as such,being authorized so to do,execute the foregoing instrument for the purposes''_ therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a`)"0 IN WITNESS WI-EREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. Q oCIS .i a0 i /Q�.�0,,,, F, Commonwealth of Pennsylvania-Notary Seal = N O rO c? 1 ' Teresa Pastella,Notary Public p //jj >—_ O E OF` Montgomery County E j My commission expires March 28,2025 By: ..4.4dyL�' L �� ,r/ Commission number 1126044 -__________ N V, �_\,.,!y`''.�;1�% Member.Pennsylvania Association of Notaries eresa Pastella,Notary Public Q 0 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3 0000 o-E Insurance Company.and West American Insurance Company which resolutions are now in full force and effect reading as follows: o cv ARTICLE IV—OFFICERS:Section 12,Power of Attorney. o-`m Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the o TIT President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety o m > any and all undertakings bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney.shall a II o '5 have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such o ax z o instruments shall be as binding as if signed by the President and attested to bythe Secretary.Any ry power or authority granted to any representative or attorney-in-fact under the-(1 2 provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. LL n ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal.acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Desigtation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds.recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in lull force and effect and has not been revoked. INTESTIMONYVN-EREOF,I have hereunto set my hand and affixed the seals of said Companies this 23rd day of May , 2025 . - ó!% Q,,spoor,,,,,, 2 vP oRPOR'°r if... __ 1912 O o Z1919 o ' 1991 0 �.44r , �a 'IS cHU5F'db So F't- MP:". �( rNOIANP tf3 By•ai) * tN �'y1 * S-M tsad Renee C.Llewellyn.Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/21 - 16C1 EXHIBIT B-3: INSURANCE REQUIREMENTS (Following This Page) 17 Construction Services Agreement:[2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 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] 16C1 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 https://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 0 Project Professional Liability $ Per Occurrence O Valuable Papers Insurance $ Per Occurrence 0 Cyber Liability $ Per Occurrence ❑ Technology Errors&Omissions $ Per Occurrence CAO 16C1 7. ® 13id bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit,a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street,New York,New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by,or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number,or Project Number,or specific Project description,or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East,Naples, FL 34112 13. ® Thirty(30)Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. GG— 1/8/2025 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. CAO 16C1 EXHIBIT C RELEASE AND AFFIDAVIT FORM (Template Form Following This Page) 18 Construction Services Agreement: [2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF ( STATE OF ( Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and its subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated , 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Contractor's Signature Name and Title STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of_physical presence or_ online notarization, this_day of 20_ by , as of a corporation, on behalf of the corporation. He/She is personally known to me OR has produced identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, State of Commission No.: [2024_ver.1] 16C1 EXHIBIT D-1 CONTRACTOR APPLICATION FOR PAYMENT FORM (Template Form Following This Page) 19 Construction Services Agreement:[2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 EXHIBIT D-1 FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners(the OWNER) or Collier County Water-Sewer Owner's Project Bid No. Manager's Name: Project No. County's Division Name Purchase Order No. Submitted by Contractor Application Date: Representative: Name Contractor's Name & Payment Application No. Address: Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & $ Stored to Date: Retainage @5% $ Retainage @ 5%through [Insert $ through [Insert Date] date] Retainage @ % $ Less Retainage $ after[Insert date] Total Earned Less Retainage $ Less previous payment(s) Percent Work Completed % AMOUNT DUE THIS $ to Date: APPLICATION: Percent Contract Time Completed to Date: Liquidated Damages to $ Remaining Contract Balance $ Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: [2024 ver.1] CAO 16C1 EXHIBIT D-2 SCHEDULE OF VALUES (Template Form Following This Page) 20 Construction Services Agreement:[2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 w ❑ < W Z p a x = W 0 > rr n a1 C N O -a u W N co U a IAZ N N Q u a' 1- o c w a c K d •Ei 15 c_ w a' 0 c ' a n o re 0 a, wx gZ o LL a ti CO 0 c w o CO ro E E 0 w `O z - F- O W Fw `c U 0 C.) d m yj O CC a aa) 0 Q w O N a ❑ a v a a m aA = ❑ O ', F ~ ❑ w — C Jw Q a, OCY a 2 ❑ a O N 0 0 0 N d E z fn o N C ❑ J m t0 O O w NZ re N EL..' L J U) Q C w N NN O U N A fn = O O 0 C N NO O_ _ x fY c 8 H w 'O C a N p `o d w N c J N w N a 0. a F- v 0 ZO ap m N 0 p w N CO U N = U U 5 m O a - 3 w m 0 N r N O ❑ .4 H cc CL ` C E, = aE U ❑ d m _ V w _ ❑ jc o ❑ J c L., w Q c C o U > m a> ti €_ CO C p To 8 8a Z O N 0 aa) a .0 = tr 'o m pm 3 C di N O 2 a, f0 E z ❑ o cc U 2 wfll = CD E O I-- = 0) K Z f-a a, . U CAO 16C1 EXHIBIT D-3 STORED MATERIALS (Template Form Following This Page) 21 Construction Services Agreement:[2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 O I-- W U J v g � N aZ CO CO E I- ❑ W ❑ J _ auJO W Z Q. >- U_ N ❑ 0 W O J W H a' N a Z N LL w (n m 2 H m z O W ❑ H F > O W U .O o 1- 2W 0- Ce D 0- " 0 g M CL J Q d ❑ N 0 co 16 a+ O ❑ t co W 0 7 W a W S 1v E d O ce m W m 2 >. Z •o W 2 U d O > o a) a N v W N J u a cn a 8 cc T J I Z N a a U W W a g w Q — Z �° I i— W c V i— o a o ❑ w a m 16C1 EXHIBIT E-1: CHANGE ORDER (Template Form Following This Page) 22 Construction Services Agreement: [2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 Cofer County Procurement Services Change Order Form Contract# CO# PO# Project#: Project Name: Contractor/Consultant Name: Select One: ❑ Contract Modification (Construction or Project Specific) ❑ Work Order Modification Project Manager Name: Division Name: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item# Current BCC Approved Amount Last BCC Approval Date;Agenda Item# Current Contract/Work Order Amount SAP Contract Expiration Date (MASTER) Dollar Amount of this Change o.00 is Total%Change from Original Amount Revised Contract/Work Order Total $o.00 o.00%o %Change from Current BCC Approved Amount Total Cumulative Changes $o.00 o.00°i %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) UAO 16C1 Co le-r County Procurement Services Change Order Form Contract# CO# PO# Project#: Project Name: Contractor/Consultant Name: Change Order/Amendment Summary (If additional spaces needed, attached a separate Summary page to this amendment request) COST TIME CO# AMD# Description Additive Deductive Days Total New Justification (+) (-) Added Time ❑ Check here if additional summary page/s are attached to this Change Order Page 2 of 4 Change Order Form (2023_ver.1) 16C1 Co it* County Procurement Services Change Order Form Contract# CO# PO# Project#: Project Name: Contractor/Consultant Name: Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same terms and conditions as contained in the contract/work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor/Vendor/Consultant/Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Contractor/Consultant/Design Professional signature below must be from an authorized person/officer/director of the Company or listed as the qualified licensed Professional "Project Coordinator"or Design/Engineer Professional under the agreement. Signature authority of person signing will be verified through the contract OR through the Florida Department of State, Division of Corporations (Sunbiz) website (https://dos.mvflorida.com%sunbiz/search/). If the person signing is not listed, we will require signature authority by one of the listed officers/directors of the company giving that person signature authority. Prepared by: Date: Signature-Division Project Manager Printed Name Accepted by: Date: Signature-Design/Engineer Professional (if applicable) Printed Name/Title/Company Name Accepted by: Date: Signature-Contractor/Consultant/Vendor Printed Name/Title/Company Name Approved by: Date: Signature-Division Manager or Designee(Optional) Printed Name Approved by: Date: Signature-Division Director or Designee (Optional) Printed Name Approved by: Date: Signature-Division Administrator or Designee (Optional) Printed Name Page 3 of 4 Change Order Form (2024_ver.1) CA.O 16C1 or County Procurement Services Change Order Form Contract# CO# PO# Project#: Project Name: Contractor/Consultant Name: FOR PROCURMENT USE ONLY FY CHO Request# Approved by: Signature-Procurement Professional Signature/Date Approved by: Signature-Procurement Manager/Director(OPTIONAL) APPROVAL TYPE: ❑ Administrative ❑ Administrative-BCC Report ❑ BCC Stand-Alone ES (BCC Approval Required) BCC APPROVAL ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court BOARD OF COUNTY COMMISSIONERS and Comptroller COLLIER COUNTY, FLORIDA By: By: , Chairman Dated: Date: (SEAL) Agenda# Approved as to Form and Legality: Deputy County Attorney Print Name Page 4 of 4 Change Order Form (2024_ver.1) 16C1 EXHIBIT E-2: WORK DIRECTIVE FORM (Template Form Following This Page) 23 Construction Services Agreement:[2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 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: n 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 CNCI [2024_ver.1] 16C1 EXHIBIT F-1 CERTIFICATE OF SUBSTANTIAL COMPLETION FORM (Template Form Following This Page) 24 Construction Services Agreement: [2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 EXHIBIT F-1 CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION CAO [2024_ver.1] 16C1 This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the final punch list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion and Contractor shall provide Owner with written notice that all punch list items have been completed. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance, and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20 . Signature of Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ and will submit within five calendar days, an approved pay application to bccapclerk(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 , 20 . Signature of Owner Type Name and Title [2024_ver.1] 16C1 EXHIBIT F-2 CERTIFICATE OF FINAL COMPLETION FORM (Template Form Following This Page) 25 Construction Services Agreement:[2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 EXHIBIT F-2 CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. Design Professional Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. The warranty in Exhibit G-2 is attached to and made a part of this Certificate. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION [2024_ver.1] 16C1 Intentionally left blank Executed by Design Professional on , 20 Signature of Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Substantial on this , 20_ Signature of Contractor Type Name and Title OWNER accepts this Certificate of Final Substantial on this , 20 Signature of Owner Type Name and Title [2024_ver.1] 16C1 EXHIBIT F-3 PUNCH LIST FORM (Template Form Following This Page) 26 Construction Services Agreement: [2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 EXHIBIT F-3 PUNCH LIST FORM Item Description Value Completion Date Dated Approved No. by Owner Subtotal x 150% [2024_ver.1] CA° 16C1 EXHIBIT G-1 FINAL PAYMENT CHECKLIST (Template Form Following This Page) 27 Construction Services Agreement: [2025_ver.1) Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 EXHIBIT G-1: FINAL PAYMENT CHECKLIST Bid No.: Project No.: PO No. Date: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO I I 1. All Punch List items completed on I I I I 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: I I 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). I I . = 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. I I L- 12. All Spare Parts or Special Tools provided to Owner: I I 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: Executed by Design Professional on , 20 Signature of Design Professional Type Name and Title Executed by Contractor on , 20 Signature of Contractor Type Name and Title Executed by Owner on , 20 Signature of Owner Type Name and Title [2024_ver.1] 16C1 EXHIBIT G-2 WARRANTY (Template Form Following This Page) • 28 Construction Services Agreement: [2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 EXHIBIT G-2 WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Substantial Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF SUBSTANTIAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. CONTRACTOR: WITNESS: Signature Signature Name Printed and Title Name Printed [2024 ver.1] 16C1 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] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 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] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 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] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 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] Section 3,Section 5(subsection E), and Exhibit H(Article 19.3)have been revised 16C1 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] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 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] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised CA'S/ 16C1 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] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised .�i 16C1 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(&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] Section 3,Section 5(subsection E), and Exhibit H(Article 19.3) have been revised 1 6 C I 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) Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 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] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised CAO 16C1 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] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 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] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 Contractors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's / Contractor's proposal may be deemed non- responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.qov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 41 Construction Services Agreement:[2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 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] Section 3,Section 5(subsection E), and Exhibit H(Article 19.3)have been revised 1 6 C 1 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] Section 3,Section 5(subsection E), and Exhibit H(Article 19.3)have been revised 1 6 C 1 19.3Notwithstanding anything to the contrary, in the event the Owner suspends the Work for more than six (6) months or terminates the Agreement at any time, by no fault of the Contractor, the Contractor shall be entitled to invoice Owner for all the costs and expenses actually incurred up through the date of suspension or termination. The cost of any goods or materials that can be verified as being ordered prior to the date of suspension or termination but not yet delivered to the Owner are reimbursable, with payment being reserved until such goods or materials are delivered to the Owner, consistent with the Local Government Prompt Payment Act terms and conditions provided in this Agreement. 20. COMPLETION. Substantial Completion and Development of the Punch List 20.1 Substantial Completion is as defined in the Defined Terms section of this Agreement. When the Contractor believes Substantial Completion has been achieved, it shall certify in writing to the Project Manager that the Project is Substantially Complete in accordance with the Contract Documents and request the Project Manager to inspect the Work and to issue a Certificate of Substantial Completion. Prior to making such a request the Contractor must: a) Complete all Work necessary for the safe, proper and complete use or operation of the Project as intended, including: all regulatory agency requirements are satisfied, including occupancy permits; operating certificates and similar releases; all operational testing has successfully occurred; all required training has successfully occurred; all close-out documents (such as as-built drawings, certifications, warranties, guaranties, test reports test logs, operational manuals, etc.) have been provided by Contractor and accepted by Owner. b) Prepare a Contractor-generated punch list(i.e., a list of all items required to render the Project complete, satisfactory, and acceptable, for submission with the request for inspection and issuance of a certificate of Substantial Completion), which shall include and list separately the estimated cost to complete each remaining unfinished item included on the list with an explanation as to the basis for those costs, substantiated by the Schedule of Values, subject to the Owner's final review and approval as stated below. c) Upon receipt of the request from the Contractor, the Project Manager, assisted by the Professional, if any, and other Owner personnel, as appropriate, shall review the request, the Work and the Contractor-generated Punch List to determine whether the Work is ready for Substantial Completion inspection. If this review fails to support Substantial Completion inspection, the Project Manager shall so notify the Contractor citing the reasons for rejection. If the Project Manager and Professional (if any) determine the Work is ready for Substantial Completion inspection, the following procedures will be followed: 1. The Project Manager will, within a reasonable time, schedule, and conduct inspection(s) of the Work with the Professional (if any), other Owner personnel as required, and the Contractor for the purpose of formally reviewing the status of completion of the Work, the readiness of the Project 44 Construction Services Agreement: [2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised CAO 16C1 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. 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). 45 Construction Services Agreement: [2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised (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 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 46 Construction Services Agreement:[2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 Final Acceptance of the Work by Owner (Exhibit F-2 Certificate of Final Completion). (d) All items that require correction under the Contract Documents and that are identified after the preparation and delivery of the Punch List shall remain the obligation of the Contractor. (e) Warranty Items may not affect the Final Payment of retainage pursuant to Section 218.735(7)(f), Florida Statutes. (f) If the Owner fails to comply with its responsibilities to assist in developing the Punch List within the time frame applicable to the Project (as described above), the Contractor may submit a request for all remaining retainage withheld by the Owner. The Owner need not pay or process any payment request for retainage if Contractor has, in whole or part, failed to cooperate with the Owner in development of the Punch List or failed to perform its contractual responsibilities with regard to development of the Punch List. Additionally, the Owner does not have to pay or release any amounts that are the subject of a good-faith dispute, the subject of a claim brought pursuant to Section 255.05, Florida Statutes, or otherwise the subject of a claim or demand by the Owner or Contractor. 20.4 Final Completion (a) Upon written notice from the Contractor that the Project is complete, the Project Manager shall schedule a final inspection with the Contractor, the Design Professional, and any other personnel requested by the Project Manager. The Project Manager shall notify the Contractor in writing of any Work this inspection reveals to be defective, or otherwise not in accordance with the Contract Documents. The Contractor shall immediately take such action as may be necessary to remedy such defects and bring the Project into full compliance with the Contract Documents and then request another inspection. (b) Final Completion of the Work shall be achieved by the Contractor when all the Work required under the Contract Documents has been satisfactorily completed, including all Punch List work, and specifically as noted in the Specifications section. (c) After the Project Manager has determined that all Work has been completed, the Project Manager will issue a Certificate of Final Completion Exhibit F-2 for the Work. 20.5 Application for Final Payment After the Certificate of Final Completion, Exhibit F-2 for the Work has been issued by the Project Manager, the Contractor may make Application for Final Payment following the procedure for progress payments. As an explicit condition precedent to the accrual of Contractor's right to Final Payment, Contractor shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit form attached as Exhibit C, as well 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: 47 Construction Services Agreement. [2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised CAO 16c1 (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. 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. 48 Construction Services Agreement: [2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's 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 49 Construction Services Agreement:[2025_ver.1) Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation, and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight(8) hour day and for any work performed on Saturday, Sunday, or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, 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 50 Construction Services Agreement: [2025_ver.1] Section 3,Section 5(subsection E), and Exhibit H(Article 19.3)have been revised CN4 16C1 such defective Work after Final Payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect, and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect, and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-3 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever Contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 51 Construction Services Agreement:[2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents, or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional 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 52 Construction Services Agreement:[2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation, or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules, and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, or replacement of their property. 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; 53 Construction Services Agreement: [2025_ver.1] Section 3,Section 5(subsection E), and Exhibit H(Article 19.3)have been revised CAO 16C1 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 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 54 Construction Services Agreement: [2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice 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 55 Construction Services Agreement: [2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying, or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. 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 56 Construction Services Agreement:[2025_ver.1] Section 3,Section 5(subsection E), and Exhibit H(Article 19.3)have been revised CAO 16C1 scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub- subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, 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 57 Construction Services Agreement: [2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised CAO 16C1 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(a�colliercountvfl.gov) whenever an employee assigned to Collier County separates from 58 Construction Services Agreement: [2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised CAO 16C1 their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of$2 million or more may be reviewed for VE at the discretion of the County. 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. 59 Construction Services Agreement: [2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised 16C1 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 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] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised CAO 16C1 EXHIBIT I-1: SUPPLEMENTAL TERMS AND CONDITIONS fI Attached hereto, following this page ® Not Applicable 61 Construction Services Agreement:[2025_ver.1] Section 3,Section 5(subsection E),and Exhibit H(Article 19.3)have been revised CAO 16C1 EXHIBIT 1-2: AFFIDAVIT REGARDING LABOR AND SERVICES (Following This Page) 62 Construction Services Agreement:[2025_ver.1] Section 3,Section 5(subsection E), and Exhibit H(Article 19.3) have been revised 16C1 AFFIDAVIT REGARDING LABOR AND SERVICES AND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED 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. Effective January 1,2024,a governmental entity may not accept a bid on,a proposal for,or a reply to,or enter into,a contract with an entity which would grant the entity access to an individual's personal identifying information unless the entity provides the government with an affidavit signed by an officer or representative under penalty of perjury attesting that the entity does not meet any of the following criteria: (a)the entity is owned by the government of a foreign country of concern;(b)the government of a foreign country of concern has a controlling interest in the entity;or(c)the entity is organized under the laws of or has its principal place of business in a foreign country of concern. Effective July I,2025,when an entity extends or renews a contract with a governmental entity which would grant the entity access to an individual's personal identifying information,the entity must provide the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in paragraphs (2)(a)-(c),§287.138,Florida Statutes. Nongovernmental Entity's Name: H2O Innovation USA, Inc Address: 8227 Bunker Lake Blvd Suite 500, Ramsey MN 55303 Phone Number: 7603052171 Authorized Representative's Name: Gregory Sato Authorized Representative's Title: Inside Sales Manager Email Address: gregory.sato a@h2oinnovation.corn I, Gregory Sato (Name of Authorized Representative), as authorized representative attest under penalty of perjury that H2O Innovation USA. Inc (Name of Nongovernmental Entity) does not: (1) use coercion for labor or services as defined in§787.06,Florida Statutes, and(2)the nongovernmental entity is not(a)owned by a government of a foreign country of concern,(b)that a foreign country of concern does not have a controlling interest in the entity,and(c)that the entity is not organized under the laws of or has its principal place of business in a foreign country of concern,all as prohibited under§287.138,Florida Statutes. Under penalty of perjury,I declare that I have read the foregoing Affidavit and that the facts stated in it are true. rot 2,c— na of prized representative) Date STATE OF COUNTY OF Sworn to(or affirmed)and subscribed before me,by means of 0 physical presence or 0 online notarization this day of ,20 ,h) (Name of Affiant),who produced his Florida Driver's License as identification. SEE NOTARY Notary Public ATTACHMENT Commission Expires Personally Known 0 OR Produced Identification. Type of Identification Produced: Pri v>(?('S LicP./ls CONTRACT RENEWAL OR EXTENSION REQUEST FORM Version:2025.1 16C1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego Subscribed and sworn to (or affirmed) before me on this i Z day of j , 2025 , by Gireocy a-fo proved to me on the basis of satisfactory evidence to be the person•(•s•)�whho appeared before me. 11 :„ KELLEN YOUNG y ,S,.-j COMM.#2500581 •t a NOTARY PUBLIC CALIFORNIA 7 r SAN DIEGO COUNTY • lay Comm.Fires September 24,2028 (Seal) Signature OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document 6ZeSa41 n-j 1- -'- Se rvttej + Cprvfra�c,#i n 1,0;4-k Title or Type of Document:ervt;+1e5 of Fore-iom Cov.Atrie-5 of- CArrLerv\ Prod b;�i Document Date: 6{ 1g/ 25 Number of Pages: 1