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Agenda 10/25/2011 Item #16A 1Agenda Changes Board of County Commissioners Meeting October 25, 2011 CONTINUE ITEM 16A1 TO THE NOVEMBER 8, 2011 BCC MEETING: RECOMMENDATION TO AWARD BID #11 -5700 FOR "DEVONSHIRE BOULEVARD LANDSCAPE & IRRIGATION REFURBISHMENT PROJECT" TO AMERI -PRIDE INC. IN THE AMOUNT $267,214.37. IMPROVEMENTS WILL BE FUNDED BY RESIDENTS OF RADIO ROAD BEAUTIFICATION MSTU. (STAFF REQUEST CONCERNING THE VENDOR) Continue Item 10C to the November 8, 2011 BCC Meetine: Recommendation to approve an Underground Facilities Conversion Agreement with Florida Power & Light Company (FP &L) for "Phase One" of the Vanderbilt Beach Municipal Service Taxing Unit (the 'MSTU') Utility Conversion Project as stipulated by Florida Public Service Commission Tariff Section 6 and to approve payment to FP &L in the amount of $1,806,091 to cover the construction cost for FP &L underground utility conversion Move Item 16A11 to Item 10G: Recommendation to approve and authorize the Chairman to sign an Amendment to Agreement for Fee Payment Assistance, between Collier County and Lucy Salon, Inc., providing for the repayment of Fee Payment Assistance funds over a five -year period. (Commissioner Hiller's request) Move Item 16113 to Item 13115: Recommendation that the Board of County Commissioners approves the transfer of administrative and management duties for the Immokalee Beautification Municipal Service Taxing Unit from Growth Management staff to Immokalee Community Redevelopment Agency (CRA) staff to become effective October 1, 2011; direct the Budget Office to discontinue the annual transfer of funds from the Immokalee Beautification MSTU (Fund 162) to the MSTD General Fund (Fund 111), and that the Collier County Board of County Commissioners, acting as Community Redevelopment Agency authorize creation of a Full Time Employee position (MSTU Project Manager) for FY12; authorize Executive Director to advertise the position; hire a qualified applicant; and approve necessary budget amendment. (Companion to 17B) (Commissioner Henning's request) Move Item 16132 to Item 10J: Recommendation to approve and authorize the Chairman to sign six (6) Subrecipient Agreements for the Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) projects previously approved for Department of Housing and Urban Development (HUD) funding in the 2011 -2012 Action Plan approved by the Board on July 26, 2011 (Staff request related to moveing Item 16D4) Move Item 16134 to Item lOH: Recommendation to acknowledge receipt of entitlement funds from the U.S. Department of Housing and Urban Development (HUD) for FY 2011 -2012 and approve the associated budget amendments. Once received, HHVS will bring the entitlement agreements and certifications to the BCC for signature. The entitlement funds include $2,114,463 for the Community Development Block Grant (CDBG), $502,126 for the HOME Investment Partnerships Program (HOME), and $94,611 for the Emergency Shelter Grant (ESG). (Commissioner Hiller's request) Move Item 16135 to Item 10I: Recommendation that the Board of County Commissioners approve a one -time exception to the State Housing Initiatives Partnership (SHIP) 2006 -2009 Local Housing Assistance Plan (LHAP) policy establishing first -time homebuyers as one of the requirements for down payment and closing cost assistance. Approval of this exception will address and correct a monitoring concern issued for the SHIP Program. (Commissioner Hiller's request) Move Item 16F1 to Item 10F: Recommendation that the Board of County Commissioners review and approve the proposed FY2011 -2012 Action Plan for Leo E. Ochs, Jr., County Manager. (Commissioner Hiller's request) w 10252011 Item 16.A.1. Aemmmendatloa a owned Bid #11.4]de for "Devotrpiro Bonhvard Landawpe & IrAP11011 RehrMehmutProlect" a Amai-Pride Lm W the amaaat of $261,21437. ImProvement will be funded by rdideob of The Radio Rand BenntiBeatbn MM. OB.IECTME: To obtain the Board's approval on awW Bid #11 -5700, " Devomhirre Boulevard Landscape & Irrigation Refmbishmep Project" to Amen -Pride Ira. CObSID RATIONS: On ]we 19, 2011, tM Pored e g DepmN m sent and ]52 maces Om Bid #11- 5]00,'Devenshire Bodevaud Landscape At ]mgmion Refurbishment PmjxY". On 3dy 20, 2011, donee (3) bids were received and opined fiom The fallowing covhecme: Consul Caverete Product, Bamala latdswpe & Initiation Inc., and Amen -Pride loc. The lowest bid per tebdatiw including selected abolition was fiom A -Pride Inc. On August 1, 2011, the Radio Road Beautification MSTO Advisory Commiux reviewed d the bids and mluestad additional vdommetion regarding Pavwus inject axPderMe for Amen -Pride Inc. became the bid sudam" doe Amen -Pride Inc. IistM prject dust were not roadway Imdscape and irrigation project. On Septmber 12, 2011, reprceatatives firm Amen -Pride Inc. amended the Radio Road Beautification MSTU Advisory Contrabass counting and pseserded previous project experience n and listed reformists to address The Advisory Commidee's concerns. After better discussion tin advisory committee motioned to awmd the contract to Amen -Pride Inc. provided they submit ddNmW letters of refuetsum firm recent client of Me work similar to the pmpo 1 Devonshire project (motion Passed 4-0). On October 10, 2011 the MSTU Advisory Commitee nab and confirmed That they wee Sla sfid with the Iodates of reli mess Thry received dean Amd -Pride. Stffrccmtmeds anarding Bid #11 -5]00 to Amen -Pride Iac. COehaulm .Base Bid Amowt BeseM +Aaemdes Amen -Pride lac. $22'1350.41 _ SM7214.3] Bandalmdstons $234,842.66 1 $278,818.46 COamal Cwaea Product $311,604.54 1 $35631342 MSCA EWACT: Radio Rod M M }Ind 158 - 162522 impovemwt general bes finds mailable for project finding. .E r. CONSIDERATIONS: This bass has hen reviewed and approved by the County Attorneys Office, is legally Suffidmt fm Bond Scow and only rttluiaes a jolty voce fu approval--SRT. GROWTH MANAGEMENT LMPACf- There t m ®rwth mmtegemem impact assccttd witathis Fxecmive Summary. Packet Page -103} 10/25/2011 Item 16.A.1. RECOMMENDATION: That the Board award Bid A11-5700 for the `Devonshire Boulevard Landscape & Irrigation Refurbishment Project' to Ameri -Pride Inc. and authorize the Chairman to execute the as ached contact after review by the County Attomcy's Office, Prepared By: Darryl Richard, RLA, Project Manager, ATM Department Attachments: (1) Bid 1f11 -5]00 Bid Tabulation; (2) Copy of Ameri -Pride Inc. bid 11 -57W submittal (3) Letter from Corporate President — Ameri -Pride Inc; (6) Letters of reference for Ameri -Pride Inc. (5) Radio Road MSTU minutes September 12, 2011 mewing (pending); (6) Copy of Contact. Packet Page -1000- 10125/2011 Item 16.A. I. COLLIER COUNTY Board of county commissioners Item Number: 16 A.1. Item Summary: Recommendation to award Bid A11-5700 for "Devonshire Boulevard Landscape S, Irrigation Refurbishment Project " to Ameri -Pride Inc. in the amount of $26),214.3]. Improvements will be fu road by residents of the Radio Road Beautification MSTD. Meaning Date: 10/25/2011 Prepared By Name: RichardDarml Tide: Project ManaggAlamame Transportation Modes g129 ,'2011 11:3'1'.30 AM Submitted by Title: Projetl Manager,Al[ttna[ive Transportation Modes ^ Name: RicbaidDan_vl 9R90011 I I'.37 31 AM Approved By Name HerreraGloria Title: Management/Budget Analyst,Tranvinomi tin Adinumsn Date: 9/302011 8A1.51 AM Name: LulichA meta Title: Manager- Landscape Operaters,Almmative Transpo Date: 9/302011 8.14 52 AM Name: BrilhanBrendi Title Purchasing Agent,Purehasing be General Semces Date: 10/32011 9:4215 AM Name AmoldMichtlte Title: Director - AltTmnsixi iott Modes,Alternanve Tr .� Date: 10/42011 10:0458 AM Packet Page -1041 Name'. BelancurNatali Title: Executive SecMaty,Transportation Engineering d C Date: 10/6/2011 8:45'.43 AM Name CarnellSteve Title '. Director- Wmhasing/Deno-al Services,Purchasing Date 10020114,44:02 PM Name: TeachScon Title: Deport Cluny AtlomeyrCoui Attorney Date: 10/10/2011 2T59:35 PM Name'. FedeNotman Title. Administrator - Cromah Management DigTransporrati Date: 10/112011 9:18'.49 AM Name: Marcella2eanne Title. Exec Seanary,Ttansp9ttation Planning Dale 10/12/201110] 42 PM Name: KlatffioAJeft Title County Annmeg Date '.10 /14/2 011 11 51'.41 AM Name: Finned Date 10 /1]2011 6:5211 PM Name: OchsLeo Title e County Manager Date'. 10/180011 8:52:55 AM Packet Page -10G2- 10/25/2011 Item 16.A.1. ds 9 q�(3 FF 16.A.1. 7 t t6 9qa i i e� �ed F£ Ncrg P iy @ qq3 L 3� 8 hi3� IGa ) a y{ -- Y a s F FF 16.A.1. 7 t t6 9qa i i e� �ed F£ L 5 A a Y 69& gas 88 8 N, I E 9 8 6 eie% gas 99 et 88 BYE &d tl 8 886 Be &`S 88 B 60® as 8 6 8 66N a4`BB Ie @:: AA � @_..... VaGkecP 10, 3Yk e@ 8 §888 98 tld a 8 B a'IB 88i a e FF 16.A.1. 7 t t6 9qa i i e� �ed F£ \(\ \.l\ !!/ } \ }) � () § {\$ ! $ |` e !! � � N 10/25/2011 Item 16.A.1 a eex:aa s airs ��- m.. - G TT u a ceeu i i s= I i :ii z gain€ ea ® e 4 H a b F k9 s ? § a 'f i a p 0/25/2011 / 5 B < "Packet Page -104 7 16 a 16.A.1. P i �3 a¢ S i 9 Sia e ® ea aG EsA S a pc eea / 5 B < "Packet Page -104 7 16 a 16.A.1. P i �3 a¢ S i 9 Sia 10/25/2011 Item 16.A.1. THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing OeparbneM SIDDERSCHECKUST IMPORTANT: Please read eanfullY, sign in the spaces mdteatad arM.eb!mwifh your Bid ge Bidder should check oR each of the folowing dress as Me necessary want is completed:. 1. The Bid has been signed 2. The Bid press offered have bean reviewed. 1 The pros extensions and tools have been checked, 4. Any required drawings, descriptive literature, etc. have been inducted. 5. Any delivery information okouirad'is iMai - - 6, Loral Vendor Preference Affidavit completed, 1. Immigration A111davb cemplaled and Me compary's E -VeMy pfa to page or memorarMum of understanding ...::£ B. Celtigcete of Authority to Conduct Business In State of Florida 9. Collier County Substitute W -9 10.If retuimd. Me amount M Bid b has been ax , and the Nd bendo T Ah ses check has been included. 11. Any addenda have been signed and included pya 12. The lading envelope has been addressed tor. 6 Purchasing County ove Collier County Goveent Purchasing nt Trail 3327 Tangent S4Trail E $� Naples FL 34112 13, The mailing envelope must to sealed and me Aed and, C Bid Number, aPmject Names, o*Opening Dan. 14, The Bid will be mailed ordeliverad in time n he recehred no later Man Me assorted - ooemno data and time odrerwise Bid cannot be mrsceied. ALL COURIER -0ELIVERED BIDS MUST HAVE THE BIDNUMEER, AND PROJECT NAME ON THE OUTSIDE OF THE COURER,PACK6f Sys _GbrTYS ems_ . owe: TPNIeessoll Packet Page VA7- ; p p: G { / •- - � / \\ \ \ \ \ E ik : w }} { : \� \ \ M § \/\ !) \ \! | / � - R,, M2 ;| §. :.Qlam I, 9\ E0 ;t0i /S :! /© j/) _ \/! \ § \\ \QU& /aM ! PaCket PBge 1048- WW F i °5 ^€S ae 0 8 d e g'IM agm a R3n2 wp €g Bps sag a $as m e IL, € T 4?e: gy °39 g am uz�8 W m o Packet Page -IM- z = s a £ v I: a §p e g .6 NNE 3 °. R E 10/252011 Item 16 A.1. me� a «egbm,e 8 8 8 8 8 8 8 a ^ SE: F a�: mfr e g'IM agm a R3n2 wp €g Bps sag a $as m e IL, € T 4?e: gy °39 g am uz�8 W m o Packet Page -IM- z = s a £ v I: a §p e g .6 NNE 3 °. R E 1 a g e _ a� xeY S egg a os 3 §3 8 a „ Zia a Sae g9 m Fd 3at.gg pia• €mg zE _m.g 53 dam ;�S'x a €as. ga ee" : `S w°Ym� J. a a neAEn r 10/25/2011 Item 16.A.1. 888 e 8 8 8 88 881886_.._° Me 8.a _ s s ° °s o t ;; a if I E me 02 a_E mg eFg ia3U M BggF• €a Eat „.s� 3mg, g;E E eEE I9 §aaaj$v 3£ a s e£ _i gsxffg �3ssE ^file 9e; £ +? BgaE_g8�a� mq� M,11 �n:::'.'.SaAA F am`. Eng "fig ¢93888S6 gn °o'u a�4 Mio'o' 3E ° €=[ e3 EFp ,y,§ °38isa aa`a ° "aysa s a-ag o "s §e& ag 1�&¢s °sF >sem$ °$i? us @z a.9 3 2q §i'ry:$ «: nF Packet Page 10/25/2011 Item 16.A.1. n llfLJ�I sum c " e i $ a gC o gl E m "zC � gl� y o 9 $ °E�Ye s $ax ea x �a �3 s� s.9g '• 2 era Fi z. $=fr LM so$ P: x fr 8B �' oaeR& e g w Packet THESE PRESENTS, that we �u Pa�Ppel mrKe9IC � OlY Of Andy bourse natl (business in1be Sbte d_Flcri Da firmly bduk unm mo Collier [ounty (nerewner tike me o,..,en A. ..,, 10/25/2011 Item 16.A.1. Omer, •tn wnbn•• V p yr mIe3IX Pmanra. lO be Pak upon Eerrylnp d MB paymemd IM1emsehI knew a dannistralars. and Insists and pre Surety bNM assathad hldtyands or had and firmly dy made presents. Wberers, the Pmci Pf d m submit, nt had sobmMed m Vu Omar, a Bid fdr jgj M in 9 ea labor, a, eO i WrbmMra BOU18vir rMa tma d l �mPlaa M, Wdfk , ka, Pse, a n w Daps 8 Irdgatlon Rafurbbfapnl Prayec{, am No. 11 -5160. NOW. THEREFORE R me U sied avers Vx SN d he PRINCIPAL and Vhe PRINCIPAL sbaB enter MW pro reWmed Agreemant wab au Omer ant Within . days af!>t me date da wrtmn NoOCe d Avmrd m a¢bltlarc¢ wim Vie Mme d such Bd. and ^ 9Na such bond or bonds M an aewuM d 100%VU mml Cpgay AnmuM � sPecYetl'he Vu L$}ding Dousreds a C tact Dovmtente wM 9ood ant mM,dent sustY br tln avi CU Agraen�emtant twof Pr ant masse lsdpedwmanoaof Psg l tr in IM aoseoRkn manse a. the 0 the Eased aft d tlu ig the PRINCPAL of W aftb m enmr glm anm Agraenxd e t eNa such h an a,m a Dom, ant de dig, s (3wlmr Hte ro9dred rendl®ms dmsuealw, dtlle PRMCIPALSbat 6 pay m 6w OBIJGEE E Vie fixed sun d S need abore as NWdamd dand ges. ant age as a �lhil then mk obligaamn shed be nut ad wed., otherwise loprcmamnmlpl and -' IN TESnMONY rnH¢M me Principalao4 -$y have faYSM t1e5e presence to ce duly sgned ant 19th 3ealetlm _ ;ypr -�JUIy z611 NY Ama a Inc __ PdnciP I _ - _ - (S aq Allied Pr art Casualty Insurance Company Surery _ L(8 s. _. Cow"oeaqPrlwd arn® (Seal) Nli tt ey In { z�mm2_.et. °�� Local ReSEent Producing Agent iur _ Packet Page -1052- 10/25/2011 Item 16.A.1. Oeoise Mplee vrvm ✓AAMT"rindwu"✓ra� di n wanwea w,"ni AAMiiim roYm,.ri.neewlvmneawmwaWHOM auwamxxa+. na rune IMMM rea®.e..e.aiw eiwnoo.w Me muunmwvz uwM 11 My eWienM�m.uMm ®.freer"lmmuvaa wen.10Add AM'"u dean n uo ca^vvM, vz M,d, mmm MANY mn prever ff Maxery I heri a nJ viducad Aneuvel W eu W mlroery.Ine Mam MG nawa. awafoww Mw ww w alnava mw curomv: If amam.e.n Nearby s, vypm..mmvulwad m Me En.n••r. amY _ LMeCoa.wpw am as a m. m' MOM wn�Ya.a. na.akiramd�®. W.aea. nv. oma ml rw era m emery drev..mmlW "ne4 nam..wnaeamm.mmre.up.mryam emm Whma.Ad, WMmmA ,a,..e,.m�ale...Eame�..namm+a. n>.m. neen Nd hOrer NOU1. � ftifif a MEN, MuN, Evardard aeadv m aer.m 'Ar If ell NeDLIECAURTHER aYn. hern au m NAME nc ro an ma e..nnr .emerom....mroam. m.ee,Iam. reM �. a..m.e. m.m..mmmmdana.mm . .... m.I Im ...,.Imailn memal.p Ml....aw.mwmam." amnnawmm.M. Th. 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Ix VdYaaS WHERECOF I h,M emewo wwme Of ri AMsW SIAMOMam Ali Of QQliOd m ANN E,m.pnta Me Ear mr d m— F (y AMMAt SrtMary Thle eaee�of grtn.ey Ekpl�m BA11 (CBIP31 Packet Page -1053- Power of Attorney .HO,v ALL MEN BY THESE mEg.rs rHgLT, Offer anmmmm� ne INAMI 4w vu C&,pr enm IFBONM I chcasnuaryan� caupii -n mpamm wMMAY, Po.bme® mavcwte I" Over mM.mm waam euvnm CrnmM anei1 ,pan Oeoise Mplee vrvm ✓AAMT"rindwu"✓ra� di n wanwea w,"ni AAMiiim roYm,.ri.neewlvmneawmwaWHOM auwamxxa+. na rune IMMM rea®.e..e.aiw eiwnoo.w Me muunmwvz uwM 11 My eWienM�m.uMm ®.freer"lmmuvaa wen.10Add AM'"u dean n uo ca^vvM, vz M,d, mmm MANY mn prever ff Maxery I heri a nJ viducad Aneuvel W eu W mlroery.Ine Mam MG nawa. awafoww Mw ww w alnava mw curomv: If amam.e.n Nearby s, vypm..mmvulwad m Me En.n••r. amY _ LMeCoa.wpw am as a m. m' MOM wn�Ya.a. na.akiramd�®. W.aea. nv. oma ml rw era m emery drev..mmlW "ne4 nam..wnaeamm.mmre.up.mryam emm Whma.Ad, WMmmA ,a,..e,.m�ale...Eame�..namm+a. n>.m. neen Nd hOrer NOU1. � ftifif a MEN, MuN, Evardard aeadv m aer.m 'Ar If ell NeDLIECAURTHER aYn. hern au m NAME nc ro an ma e..nnr .emerom....mroam. m.ee,Iam. reM �. a..m.e. m.m..mmmmdana.mm . .... m.I Im ...,.Imailn memal.p Ml....aw.mwmam." amnnawmm.M. Th. Evenntnar. �aNegvalmWMbraie ¢mW�®.YYFaHYOnnTeGan�.o amams0aroew+ee mN+��EMMalmntlneun n MeC me . �w .xE,avagreemmn�vdtivmmryhcMmf.am. evae.mospamaMarplmnmrvnni. an ` bpeawn.e.im.ErmpM IN Cwn{mry fa e..w K a�awnnm m N aNJ M dby eodm M w epraun a N eMnr tlw r 'Fli sP' ^W ' WOMAN W pw emW� Md.aaa m WniemavlwA ewIwW reg� c0uw nn Gmwry �m no.rly wen.ry m...memre...e , � m oVmVmv..m +n ro®®acicnmo.mpnpa.qm ny , NO AMR% ?SEAL BIT aaq;z�°G,°'�oaem.....e.mnam, m.rom,.,r.�alm.m.m .a �.e.,.awmam�a an a�amManY..ro..a. re eao�,.. nati�.mw..=am.Ma.udMnw Med Me a..I:r,. "ma.mw am nm'"m.a ma°mnd.'.e`m°a"u; SFJJ.. rE.ege4. Y NMMPANAN, OA I MOTION aaaini.s .ge.ce.wad,m. "Wmn ma"AAMEAMB.me.fide.""=w ".mo,rm . ev.a pa.a,dawm.yYmmw M,c,d,,elHem n .nI.B feed °a.� .n ms rea�M...fadm.dn,.M Mir",.n.Ya.. cmered Or muemlvmimreieenBE IaglmmuBDoMMi.rauyem.MMI AM,ena"maemeenmw �Wm uenMnw��md�axwean en mref.Iry mma.�amm%r'ezmlmul�warro miea. Ix VdYaaS WHERECOF I h,M emewo wwme Of ri AMsW SIAMOMam Ali Of QQliOd m ANN E,m.pnta Me Ear mr d m— F (y AMMAt SrtMary Thle eaee�of grtn.ey Ekpl�m BA11 (CBIP31 Packet Page -1053- 10/25/2011 Item 16.A.1. CAM Costal � .Ara' ®.Aesriat �e mmigmtlw Law AWOadt GNficatlpn RI114700- Devonshire Boulwand laMacape 81MgMbn ReIUMIMIIIwrt Protect The AMbevit a mpWre] and shOUW be solved, Mounted by an auNortzM gmtlpai of the fiml and submitted wM formal Iml at b Bid (ITB's) ant Request for Pmposals (RFP) submcals. buyer, Vendors l Boders are required to annul in the E-Veny platinum, and Invested acceptable evidence of their enrollment, at to fume of M¢ submersion of the vendOfsNMdets pposal. ;Mcepteble evidence decays W a copy MWe mopeny, competed E -Very Cpmpvry, Pn pgdwawpyOMeforty Men4ed E -VeMy Memorandumct Undersf MiN f°rthewmpny. Famous Include Who AM11darnit anal as Variv nroomm. won, E &OOMY Oros esal do nnnacmmne Copier County will not intendtWy awaM C Unoy cenhacks many vendor who knowingly employer weulBOrizM aI'ren wwkals, wnattoo g a vimman of the smphome` t tmision wntained'm 8 U.S C. Se can 1324 am) SeNan 274A(e) of the Imme nation and NaEonality Act TINA"), Cagier County may soMmet the amNoymac by any vendor of uneuNOMed blame a vidadan of Section 274A (a) N McINA Sutll Vdtion by Me mdpsent of Me Employment Plavelom wMailced In Section 274A(a)°fMelNq shall be gmuMs fw unietval terminaWn Mne cpntree by CNller County. Vemora1656 tat" am fully compliaMMW all applicable immigration ues(apsrim" to We 19831mmksadon Ave and subsequent Amendmen4s)) and agrees to comply win We previsions of Me MemweMUm of Understanding vAG E -VeMy ant In provide ymf of enMlment in Tna Employment Eigibiliy Nonfiction Systern(E- Venfy), operated "a UepvWvenl of Homeland Securely in pMeishe win We Social Security Admmicamben at 9ve Mme of submission M We Vendor's I Bidders praise♦s.� � A,' Comparry Name /A{-,tYPJ BPA Nf Ptlnt Name r� _ 91A1 /JY`l µyen M69 IV Tine i+f '-lSi l'1A.�- tA7/.n2 Signatuls / /qj -�'� —G� Oulu J� �e Stay,a F /�, �s pemmtt < cyOnounfyM 10eCllS Rt,`O1°B° ng .�/i/aoiP nosIL nMad9etl before urn tlda a0f UryM J/Y name) vaho has mosarcao F(n /Lay 365za /ZS/YC� /d (type of identiFgpon and nurme)my deenti6atian Notary Public SignaWre unrest Name of NOMry Pubicy.4„j iwti 0.21wEknem EE OCVOli 0a4 s °.t Navvy Connummion Numberlarom on Tina signed of We Afidevlt guvanRes, as evilenced by the seam affidavit rncuired herten, We much and a2vrery M me afiNa l n ntemoaWdee harrower m d e. Packet Page -3054- 10125/2011 Item 16.A.1. Packet Page 1055- �l 10/2512011 Item 16.A.1. crew Coway nbrerdae«Lar� n.,re AFFlWNr FOR CUInINO Sxnlua" A L EMSIKESa Bid 6:113]00 Newts Boulevard LandsnPe S Irtga RefuMdhmwi ProleU (CNECKP RCPWPIE BOFea BEI State Of ROM &(SelsG Comely R Vender is dwenti as a Local BUainesa ❑Center COunts, Nunry Vendor aBlmla Nat 0 is a kwl Wareu as defire.H me tie`— Purchasing PGicy of Me Collier Comfy BegrN of Counts Cnmmbsionrs and tla Regulations TM1erero. As Method m Section A Of lee Collier County Purchasing Pdiq,. A'kar el butarss' is defined as a business Ma[ has a valio ompenwal license issued by after Cdlier or tae County for a minimum of am (1) year Prior to e When County bid or pmFasal submos in Mas . dWhwvis tM business M Provide lee coennmdWea or services b be purchased, and a plMYsi®1 business address bmletl welim Me Greets of Cai or Lear Countess from wbiGl the Vendor operates Or ppknns business. Pmt Ceffil severe aid 1wt verifiable area shall nG be used for Me purpose of establishing said Physical address. In adtlNm b Me foal S aware and not be comedowns a "kcal business" unless it confnWles M Me we nwnic development and mall- being of either Maker or Lea County in a veriaathe and measurable wey. This may Ireh de, but W be limited to Me Mentern ant erysnsbn OF empbyment opportunMq Me support and incmam to eilnx Collier or Lee Counlys bit: eased, and rendenq Of emp eyrs and pnncituals of the business within Collier or Lr County. Vendors shall aMtm in wal Melr compliance wilt Me foregoing 0 Me time of sebmn4ng their bid or prcryraal to be eligible for confederation as a'lwal business under are recdpa ^ Vendor mustoompleb Me Moving information: Year Business Esbbembel In peollier County o�Lee County: 3 NumM of Empbyces (IndWiy Owner(s) or CoNwrale Ofi ):1 Numtrof Empbyeea Living in ❑Cattier Cpuny or �e(InGUtling Owner(s)or COrpomleOff rm):� If requaded byte COUOry, veodorwJlMmgnoN to pmvitle tlocYmmttlioosubsbntiating to imomanon given in Mis afadav6 Failure be do so on result M vrdors subnission being assurance not applicable, Ve1MprName: Am r( LUC Cara 7 r9 fl J Collier or Lee County Addrmsa: 8330 L'Ifli CJ. N)Or4. 4-04M k- �39G3 Squedure: �� TMs: u,- STATEOFFLORIOA ❑COLLIERCAUNTy 4?LEECCi Swore ro rd Subwarned Before Me, a Notary Public, for the above Sbte and County, on M5 30 jA NY of Notary Public My Commission Erpino: 03Z. 71j o/ 5 (AFFIX OFRCV . SEAL) " �� xa Packet Page 1056. m 1OJ25/2011 Item 16.A.1. MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON- RESPONSIVE All Bidders shall conhim by signature that they will provide the manWacttuers and materials outlined in this Bid specifications. Exceptions (when i%hals.aie acceptable) may be requested by completing the Material Manufacturer Exceptidi: List below. H an exception for a manufacturer ar d/or material is proposed and listed balm and is not approved by Engineer/Project Manager, Bidder shall famish Me manufacturer named in the specification. Acceptance of this farm does not constitute acceptadce of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materia s in Bid specifications) On behaH of my firm, I confirm that we will use all manufsohnem and materials as specifically outlined in the Bid specifications. a f Section B (Exception requested to Bid specifications manufaGurem and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER Please insert additional pages as necessary mwaoa211 Pack¢i Page -109- 10/25/2011 Item 16.A.1. STATEMENT OF EEPERIENCE OF BIDDER The Bidder is required to stale balm what work of similar magnitude complesdw n the last five years is a judge of his ei¢enence, skill and business standing and of he ability l conduct the work as compietaly and as rapidly as required under the terms of the Agreement Freed and Location Refgr nm t. �Sm Mt4H� �a.Pma15 -�w-al Gdv.IPL 2 (4l5'I� COI- 3el fSia 3. I/�Llac..f < Q% Si'ATP rF FL -t-�n Ct+I H'FT C7z-r) tn43 -99 z- - 4. lzzzl SLID -7s48 s. 91 z ioeanr 55natu %. �' ^i3ee`% .✓�e� D fY ,. m1010%ea3 .11 Packet Page -1058- r 10/25/2011 Item 16.A.1. LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NONRESPONSWE The undersigned across that the following a a list of the proposed subcontractors for the major cate cones outlined in the requirements of the Bid specfice)iona' The undersigned acknowledges its responsibfiity for ensuring that the Subcontractors for the major cetegonss listed herein are °qualified° (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requiremertbs applicable b and necessitated by Me Contract Documents, including,, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to dsqual'dy any Bidder who includes non -compliant or non -qualified Subcamiactors -. in He bid offer. Further, the Owner may direct Me Successful Bidder to remove /replace any Subcontractor, at no additional cost. to Owner, which is found to be non-compliant with Htla requirement either, before or after Me issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned aclmoWedges and agrees Mat pmmloW after the Award of Contract, and M accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors R intends to use on the Project The urdersgned further agrees met all Subwrroactcre subsequently identified for any portion of work on this Project must be qualified as noted above. ^ Major Category of Work SulumnlragtOu and Address 1' rz 4 e4l(T R� NIOP.N_ �t7 2 T i 3. Ill Packet Page - 1059 - rr TRENCHSAFETYACT 1025/2011 Item 16.A.1. Bidder aclmomidgea that included in the various items of the bid and in the Total Bid Price are costa for complying with the Florida Trench Safety Act (90 -90, Laws of Florda) e 1 0 ve October 1, 19W The Bidder further dentdles the cost to be summarized below: ""TT Trench Safety Units of Unit Unit Extended Measure Measure (Quantibel Cost Cost (Description) (LF. BY) 1.jglpizA� irk $ 2. = 3. 4. TOTAL $ : Failure to complete the above may result in the Bid being declared non - responsive f . ' n f' ER 1 'I� i t f rvwrvmcz.II Packet Page 1060 f' ER 1 'I� i t f rvwrvmcz.II Packet Page 1060 1 012 512 01 1 Item 16.A.1. CONSTRUCTION BID _ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Devonshire Boulevard Landscape & btigation Refurbishment Project BID NO. 11 -67M Full Name of Bidder A np A —PefoK, we Main Business Atltlress 3 f ! (�Js1S I9 A1rcmF Place of Business-4 A 3374'i Telephone No. l-rJ t- -21Qfo Fax NO. f7Z-7l wt713'8S' Stage Contractors License # 36319 State of Florida Certificate of Authority Document Number a rvr I u� C?/ Federal Taxldentification Number DI(YaN7f�fl� To BOARD OF COUNTY COMMISSIONERS OF COLLIER COU41Y ,FLORIDA (hereinafter called the Owner) The undersigned. as Bidder declares that Me only person or parties inRresled in this BM as principals are those named herein, that this Bid is suture f withok collusion . with any other person, firm or corporation; that A has carefully exarro6d Me location of Me proposed Work. Me propound far of Agreement and all other Crr act Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees ff sas Bid is accepted, Bidder wil execute iWAgreement included in the Bidding Dowments, to provide all neces'ary .machinety, foals, apparatus and other means of construction, including u fifty and lranapmtahod services necessary to do all lye Work. and furnish all the materials and egmpure'nt specified or refereed to in the Contract Documents in the merrier and time herein peaatbed and according to the requirements of the Owner as therein set forth fumish ix (contractors Bonds and Insurance specified in the General Conditions of the Conduct, anctla:do all other things required of Mme Contractor by the Contract Documents and thaENE W 11 take full payment the sums act forth in the following Bid Schedule: Unit prices shall be provided In no more than two decimal poiMS,. and In the Wce whew furgrer decimal Points are Inadvertently provided, rounding W V W dapbnal points will be conducted by Purchasing staff. NOTE: If you choose W bid, please submd am° Y c ORIGINAL and ONE COPY of your Md pages. iP,Wasay.n Packet Page -1061- 10/25/2011 Item 16.A.1. crmw ^CO^ afi:rasesamumm rinx RpuBel(l+ar Tax pCarduMr 11tlTe8n0811 csdion banner and W -8 CMdicahon In accordanchi with po ing pur R Servee f g to cor anuell County 5 inks retl b �EµfpA[yying social g for fax. errs If u m by this mUrvMu l r c mmpan es wM1 raw business vMA T& Yi[;ffia]N scrim aec Y7 minba R used by th MNitlual w mmpamJ is tan poNn9 W tlgSi ote 119 071(5) Piques that the county otty you In witing of Ne reaken Nf Wleohna Ne io�foematq ia& I be usml for no other PYrPuse than bleas almost Pikaae COTtaA a all monn h Nat Iekm �'am retimwiNro YrwlearpmWinal 1. GenemllnWmatlon(pmx Geallinf nw) c, Tat Name BM" Wma. laz BNN > i, rta. ztp 3'57(04 rxaPkom(T27�447 -71�. FM fjaj)h47 —It8S— emu rav-1 AC&'O Order9ntormaYkn R¢nYll Payni9Mlmwma5m clr_ slink_ z I Lp 2 Canpmry 5latus (checkonly onaf _Indmicall5ole Pnnui r LppoaSan PvNar" .5. .1 k.,W . -. WY _Tn Pin- meral -nmlaxmFanMM e`�ts'�1f A _ adlEy Ca'npenY S uMYIMe Y geren ue w 9e lC C— i.: wt(c) 3) P rua Nx ¢laaamupm ,I. ,x ( srenaNe — hid 3 TaapaYmltlantlllcaBOn NUmbx (M fax fi mPU'th15WTOaes only). FeE Tam Itlm4fi¢al� Numbs, min cpY9y�Ijn`r Nw+tloR Mw ao mllwW aTIN, xSp Le ulreElo prneeaaWelaau' umber nwman fpaniF{ID2mMrffi. l Sign am Daft Fer�mf cambial McIIA �/L Bre lnMnktimabounm tlu Iwm bcmMlP.ry b�Mad'g {_. is Packet Page -1062- k yay. LH nBR ..r i 91J1'�7' e`�ts'�1f A is Packet Page -1062- k yay. LH nBR ..r i 1025/2011 Item 16.A.1. Upon notification that Has Bid has bean awarded, the Succe ssful Bidder. eu4e. the Agreement font attached to the Bidding Documents within ten (10) cefenGa and. deliver the Suety Bond or Bonds and Insurance Certificates as required by the ^ 9or, pnenM The bid secuhty attached is d become the property of the Usner in the eveigl 'Agteement, Insurance Certificates and Bonds are not executed and defwered td,Owner,w t}.hm this time above set farm, as liquidated damages, for the delay and additional ee,xxppense d9�tiha Owner, It being recognized that, since time is at the essence, Owner will srrgei'1ria Ices if the Successful Bidder fads M execute and deliver to Owner the required Agream yirisurer� Certificates and Bonds within Me required time period. In the evehr of n1 " the total amount of Ownefa damages, will be difficult, if not impossible to {. in and "dafilfit?A' quantify. It is hereby agreed that it is appropriate and fair that Owner. liblu dated damages nom the Successful Bidder in the event it fails tc execute andideliv Agigament, Insurance Certificetes, and Bonds as required hereunder. The Successful der taere by expressly waives and relinquishes any right which lt may have to seek at tithe above noted li kAdated damages as a penalty, which the paNes agree rep a - and reasonable estnude of Owners actual damages at the tlma of bidding K the Stuccessiu%Bidder fails to execute and deliver Me Agreement, Insurance Cerdficaies ends. Mfal timely manner. Upon receipt of the Notice of Award, the undersigned proposes to cowmen aalFre site within five (5) calendar days from the commencement data abpulated, ce to Proceetl unless the Pro1ed Manager, in writing, subsequently notdres Me , further agrees to shhils n re of a nplde modified (later) ommenceme t date. The undersigned all work covered by this Bid within one hundred and twenty (120) cohreecrxine der days computed by excluding the commencement date and including the last day of pmod, and to be fully cornpteted to the point of final acceptance by the Owner wit -'�:. n()t (20) consecutive calendar days after Substantial Canplet on, comp u $G &pmluding commencement date and including the last day of such pen od : y f H Respectfully Submitted: Stara of Coup P n-` I- ry o f // . n Ak C AM' -t7- , being fire d deposes and says that the Bidder ant Me above Bid is organized as is statements herein made are made on behalf of such Bidder and that this dad to make Mam. %% also dopes Drawings and Specifications and has checked the same the statements containetl herein are true and correct. ♦pmiancZ,11 Packet Page 1063- 10/25/2011 Item 16.A.1. (a) Comoulton e, The Bidder is a corporation organized and existing under the laws crLl a 97ate of tg�- which operates under the legal: of wWLI -PE4W 4 w and the full names Irers are as follows: President i9.fN.101Y,F 4' NaM7 I? i Becretary (Saco \ (.rcQG� G 4e*J S� Treasurer (rzECa US ®d�) Manager born a r k 6;KO slz2— "13 , The IAwur,rm2 a authonzed to sign cons) ri bids and contracts for the company by action of As Board of -. @ taken d3: , tt p (b) Co-Parthemhio The Bidder is a c artnemhip consisting of individual partners whose full na7 ap9 bas Toth es: z '4 The co-partnership does business under the legal name of: g ny� (c) Individual i The Bidder u d r individual ehsaid full name is - ° `arM 'rf operating under a trade name, said trade name is ) ' a Packet Page -1064- 1" 1025/2011 Item 16.A.1. 1`r Complete for information contained in (a) Corporation, (b) Co-Partnershp or (c) Indivf6Gal fiorn prevwus Page. .-. STATE OF F /.' /�'d COUNTY OF wI1at rA The foregoing insvumen[ was acknowletlged before me day of r)4 fV 2011, by V Ea P.1 -fi Jl IS M. rpora of A . _a known � corporation ort behroduche mrpomhon I�eYshe� U personally known to m® or hey prod, as itlent3calion tlitl (did not) take an oath. My Commission Expires ryd7 /1 °i5 (Signature of Notary) NAME: %�, C l✓a -{ (Legibly PnMetQ (AFFIX OFFICIAL SEAL) Notary Public. Sta[e of Commission No.: E 6cgc(L yram�• zs Packet Page 1065 Amer!- Pride, Inc. 1025/2011 Item 16.A.1. xo�ve� Groonar NNnrererQ, ulawrz ra:tlna. saBesMlw un.areeeam 3sveaa psemwrdrv��aW �u Mexwsrn.m nrewrlor. nen Pryv inlF�SUpmIw�FWi NOl eenfcetl amretl lagem Ia Ln leant Gewuemps Gew Nempy r emEy e a4wam w¢FaYUnI Pobenfnnmm o611FUa os Waatle emE> nnoZqumw m= Genrye Wm�an Wtler -Ian svw enter Gew Nemker Nm r MmW Crew MpnM 1025/2011 Item 16.A.1. xo�ve� Groonar NNnrererQ, ulawrz ra:tlna. .ox�aa WlmW�; umml,eiantl.a 3sveaa wmrwe, ramnciMgaan BYdrs Gmmfr W�menangfantl ]Wrs GrowO Wlncewrce, Wtlwae.plamvQ ]Years 6wunLNYmererrs.laMSO.pe. rYnnry 3Yean GreuMx Mamunance,YMmpe, %among. Packet Page 1067- astute 10/25/2011 Item 16.A.1. Pre,nous an Lief Ned on Uel Realm To Lee No Sands No Need Nlatmy Detail by Entity Name INC. DoammsNUmbrPM0001464W C MUTHN Nrunmr 0106429es Dab Filed 10/212 Nbs a SbOO ACTH 16604 U.S.N 19N CLE RMMR FL 33: Changed 0,4062010 Moved; corded: 0400 10 On7cer /Diracbr Debil Nana s Atldeen JIM TNeVP SHE U, WKOL 16604 US,1 19 N CLFA MW RFL 33760 ap Year RW 0.b 2010 04A)MG10 201D USUM010 hvp:// www .ml6izorp/saipL4roNeLexe ?acNoo -L Packet Page - 1068- rmbec=K4 01454%kuan ... 921(2011 w sunbiz.org- Depachrl of State 10/25/2011 Item 16.A.1. ^I Plevlous an Lim Net on Lei Rehm To Lot No Events No Name HI Detail by Entity Name Florida Profit Corporation AMERI - PRIDE, INC. Filing Information oncumam boom P040D 5i95 FMIN Number 0108C2085 om Filed 1=11t0W Stab FL BpWa ACTIVE Principal Address 161 U. S. HM 15N CLEARWATER FL 331 Changed 04/051 16504US1 19N CLEARWATER FL 337% CNlged ovrfiQ010 Registered Agent Name a Address SHEHU, FATBARBH 10 U.S.H 19N CLEPRWATER FL 33764 US AdI Changed 01N6eDhO Officer /Director Detail Tee SHEHU,FATBARDH MULE s. HNV 1e N CLEARWATER FL 337U The VP SHEHLL 60KOL leaniu B.H 19N CLENNJATER FL 33764 Annual Reports Rmon Year Filed Data 2010 04vo to http: / /wwwswbizorg /scripts /cordd.exeT Packet Page 1069.4_doc number- PIM001454... 72WI 11 www.awba.org- Departroent of State 10/25/2011 Item 16.A.1. '\ 2010 08@0¢010 2011 01I20t2a11 0 -FE M 10121 2C04 - Eameashc Pm( Pew ous on osl NeO on llst Hamm To Leo EmT/wme_$eaM_ No EnMS No Name History AMM I Home I wnvc us sme.jhle o¢amvmmeis2m�� rv�ms n¢m Uf htp : / /w swbiz.or g/mr Wcodet exe ?aPacket Page ... -1070 ..- . Ldo number— P00001454. 7/292011 10/25/2011 Item 16.A.1. From:Eac Klenman(omvClearv+atermm lma to ErirKenman(AmvCleanva[er mml �. Sent: Monday, Cecembpr 13, 2010 3'.37 PM To: Tom Martin Cc: tllud mMwse r Treeearv+a[er mm Subject: ContrM for Tree Service Please note that Ame i -Pride Inc has successfully completed their contract with the City of Clearwater for-fisml year 2009/2010 and is currently providing the some serviee for fiscal"or 201012011. We are pleased with their work and enjoy working with them. FaRglldg hFA Eric Kevmtan City of Clearwater Parlor &Recreation Park Support Specialist 510 Pennsylvattia Ave. Clearwater, Fl. 33955 tel: 727- 462 -6563 ext 260 cell: 727- 224 -7578 fax: 727- 462 -6577 edckldn (@mvclearvatercom Packet Page 1071- v 10/25/2011 Item 16.A.1. From: Dwayne acwman[mallN:Dwayne.Ow an @edhckl2.fl.us] Sent: Wednesday, December 15, 2010 9:43 AM To: Tom Mahn Subject: Re: Letter of reference To Whom it may concern, Hillsborough County Public Schools has been doing business with Amer -Pride for last quarter of 2010. Amen -Pride has worked well with us, as well as followed direction and safety procedures in a workman -like manor. We will continue to count Ameri-Pride as a trusted vendor.^ If you have any further questions please feel tree to call me. Dwayne Bowman Assist. Maint Repair Supervisor 3838 North.50th Street Tampa,Flonda 33619 813-635- 1170(ofice) 813 - 426- 6996(cell) dwayne bowmarra)sc he k12 fl us (e -mail) Packet Page 1072- 10/25/2011 Item 16.A.1. SUNLAND CONSTRUCIYON, INC. December tq 2010 eestem orsmlon 5401 Kaulxm Are Tuscioma,AL35b5 Fhme'. (205)]50.2004 Fax: (20511`k21110 ..1p WM1wnHma yco^cem, sunlantl Colastrucim has been amrg business WIM Amelr Pride for three years. nmer;- om� mmwe. Pnae nas workeb Well with W. as Well We folcmecl director Wd sa(e(y Procedures In a workmanlike manor. We WWI Mlfll to min( AmerlkPntle as a husled vendor, acrd F; rssawn pmWtler otiree related servYes. p,r" F" curs a >,5"cewy D" masSW, m=laols Fes Ivesesssg ulna ^ pa 7135 VD1 Fm jse3kj �� Sincerely. FI°'°'i��n m° �- m.,aelee m etMa Project Manage /ESllmatpr ever prow jwi)M� Fx. (W® l �Fbr lmsleW4 l F. all P� �- 105519 &Nw F I%s)arsr F Nl)n v F. lame/ wmmssi on+mn pck gm as Eastam Divismn F. Packet Page -1073- 10/25/2011 Item 16.A.1. City Pf Naples Purchasing Division Re: This reference letter is for services performed by Amen-Pride, Inc September 23, 2011 Currently the City of Naples has entered into two contracts with Ameri - Pride, Inc. One contract is for Planting of Trees and Palms throughout the City of Naples (not to exceed $100,000.00) and the other project is the Crayton Road Tree Project. The planting portion of the Crayton Road Tree project (not to exceed $80,000.00) is complete. The 12 month maintenance and 1 yr warranty portion is still in process. The Planting of Trees and Palms throughout the City of Naples project is divided into four phases. The planting portion of phase one is complete. The planting portion of phase two is 80% complete. Phases three and four have not commenced at this date. There is a 12 month maintenance and a 1 yr warranty All in process for this project also. While there were a few minor problems on these projects, all of these were corrected in a timely matter. We are satisfied with the work that has been done and we would recommend this company. We would use them again for similar projects. If you have further questions concerning this matter, please contact me at 213 -7101 or by e-mail. Sincerely, Janice Vermillion, CPPB City of Naples Purchasing Division IELEPxoNE ^` ° "nnn. cv,239) t13.7I05 735 r SrcEm PaCket Page - 10]4 -ARInn 34102 10/25/2011 Item 16.A.1. From: Trader Czadner[ mall[o:TSehaiC dtl r mlamigaNens -fl.gw] Sort: Monday, September 26, 20114.42 PM To: RichardWrryl Subject. RE: My wnUtt Info br reference - AmemPrlde (Palmer Landscape) Hello Richard, Amen-Pride landscape company installed over 250 oak, mahogany and wild tamarind trees in the city's residential swales. They did an excellent job of selecting and installing the trees. They were efficient and well organized. I was well satisfied with their work on this project. Please feel free to contact me if you have any additional questions. i4+�ir Tsahai Codner Program Director Keep Miami Gardens Beautiful 1515 NW 167 Street Bldg 5 Suite 200 Miami Gardens, FL 33169 (0) 305- 622 -8009 IT) 305- 622 -8032 LS.A. Certified: FL -5768A From: Rlc haMOarryl[ mallto :WnylischarOQMdliergoe.nH] Sent Monday, September 26, 20114:24 PM To: Team Cidna Subject: My content Info for reference - Arral Price (Palmer landscape) Importance: High iashai, Please prom e a reference for Amer, Pride (Palmer comeapel for recently comp l ehtl pmjert. Thank you, Darryl Richard, au cal Forest Manager department of Alternative ignzportation Modes Growth Management m ion- Construction &Maintenance 1885 Hvawl ae drive South Naples, Florida 34104 telephone: 239 252 Fee 239252662 Cell 239253 9083 Packet Page -1075- 10/25/2011 Item 16.A.1. M�', I MOM Devonshire Boulevard Landscape & Irrigation Refurbishment Project COLLIER COUNTY BID NO 11 -5700 COLLIER COUNTY, FLORIDA Design Professional: Windham Studio, Inc. Brenda Brilhart Procurement Strategist Collier County Purchasing (239) 252 -8446 /b• Packet Page -10]6- TABLE OF CONTENTS PUBLIC NOTICE ..................... PART B - INSTRUCTIONS TO CONSTRUCTION BID ............. 10/25/2011 Item 16.A.1. MATERIAL MANUFACTURERS ............................................................... ............................... t5 LIST OF MAJOR SUBCONTRACTORS ................................................... ............................... iT STATEMENT OF EXPERIENCE OF BIDDER.............. .................................... ........ ... ...... ....... 18 TRENCH SAFETY ACT..... ..................................... ............................... 19 AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ............ ............................... 20 IMMIGRATION LAW AFFIDAVIT CERTIFICATION .................................... .............................21 INSURANCE REQUIREMENTS .............................................. .............................61 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W - 9 ........................ .............................22 EXHIBIT C: BIDDERS CHECK LIST .............................................................................. .............................2T CONSTRUCTION AGREEMENT ................................................................ .............................28 EXHIBIT 1: PUBLIC PAYMENT BOND ................................................... .............................35 EXHIBIT 2: PUBLIC PERFORMANCE BOND ......................................... .............................38 EXHIBIT B: INSURANCE REQUIREMENTS .............................................. .............................61 EXHIBIT C: RELEASE AND AFFIDAVIT FORM ......................................... .............................C5 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ........ .............................d6 EXHIBIT E: CHANGE ORDER .................................................................... .............................C9 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION .................. .............................51 EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................... .............................53 EXHIBIT H: GENERAL TERMS AND CONDITIONS .................................. .............................50 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ............ - ... ...... .............................. " EXHIBIT J: TECHNICAL SPECIFICATIONS .............................................. .............................06 EXHIBIT K: PERMITS ................................................................................. .............................06 EXHIBIT L: STANDARD DETAILS ............................................................. .............................8T EXHIBIT M: PLANS AND SPECIFICATIONS ............................................. .............................88 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT ............... 89 magi 9626M 11 Packet Page -10))- 1 10/25/2011 Item 16.A.1. mow+ od,:�reheai�aawn PUBLIC NOTICE INVITATION TO BID Devonshire Boulevard Landscape & IMgatlon Refurbishment Project COUNTY BID NO. 11 -5700 Separate sealed bids for the construction of Radio Road MSTU's Devonshire Boulevard Landscape & Irrigadon Refurbishment Project, addressed to Mr. Steve Carrell, Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 201th day of July 2011, at which time all bids will he publicly opened and mad aloud. Any bids receivetl after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A pre-bid conference will not be held for this solicitation, Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County , ^ Devonshire Boulevard Landscape & Irrigation Refurbishment Project. Bid No. 11- 5]00 an Bid Date of July 20, 2011. No bid shall be considered unless it is made on an unaltered Bid forth which is inducetl in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department E- Procurement "bate: www coll'emov nef/bid. Copies of the Bidding Documents may be obtained only from the denoted webski Bidding Documents obtained from sources other than the Collier County Purchasing Department websim may not be accurate or current. Each bid shall be accompanied by a ceNfied or cashier's check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bons and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form adached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bands, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florda. Attorneys-in-faG that sign Bid Packet Pace 1078- 1 1025/2011 Item 16.A.1. Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder Shall, as applicable, hold or obtain such contractofs and business licenses, cenications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to detennine the performance record and ability of the apparent low Bidder to perform the size and type of work Specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred and forty (140) calendar days from and after the Commencement Date specked in the Notice to Proceed. The Owner reserves the ngM to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 19th day of June 2011. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Is/ She hen Y Carrell C P M Purchasing and General Services Director Packet Page -1o]9- 1 10/25/2011 Item 16.A.1. PARTB - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The tern "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owners duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owners discretion the Project Manager may formally assign any of hisrher duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder' used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder' means the lowest, qualified, responsible crop ^ responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertinmenp these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, propedy signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 14 — 27, plus insurance fortes as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement In the forte attached hereto and incorporated herein. The Bidder shall complete the Bid In ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disWCD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Purchasing Department, 3327 Tan iami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Packet Page -1080- 10/25/2011 Item 16.A.1, Bids received at the location specified herein after the time speeifed for bid opening will be returned to the bidder unopened and shall not be considered. Secdon3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bitltler's maximum possible award (base bid plus all add altematesl (collectively referred to herein as the "Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under he laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be hew until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bw is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred hventy (120) days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 32 The Successful Bidder shall execute two (2) copies of the Agreement in the form attached and deliver same to Owner within the time penod noted above. The Owner shall execute all copies and return one fully executed copy of Me Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary . Seaford. Riahtto Re'ect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section S. Searing of Bids 51 Bids submitted by a corporation must be executed in the corporate name by the Packet Page 1081- 1 10/252011 Item 16.A.1. .—. president, a vice president, or duly authorized repreefir e. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signal and the official address of the partnership must be shown below said signature. 53 If Bidder is an individual, his or her signature shall be inscribed. 54 If signature is by an agent or other than an officer of corporal or general partner of partnership, a property notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state Me Bidders contractor license number. 5] Failure to follow the provisions of this section shall Ins grounds for rejecting the Bid as irregular or unauthorized. Section 8. Withdrawal of Bide Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, property executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the night of a Bidder to file a new Bid prior to the time specified for Bid opening. Section ]. Lam Bids No Bid shall be accepted that fails to be submitted prior to Me time specified in Me Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department at the CounDfs On Line Bidding System at hBpLbid.colliergov neVbid /, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to Me Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be issued on Me County's On Line Bidding System at htip' /Mc d.colliergov ii no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. -� 82 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. Packet Page -1082- 10/2512011 Item 16.A.1. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bell canines that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local donations that may In any manner affect performance of the Well n Become familiar with all aderal, state and local laws, ordinances, mks, and regulations affecting performance of the Work: and d. Correlated all of its observations with the requirements of the Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or diRcuhies that may he encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omssicn on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost: provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy ^ of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given In the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price hems shall be based on the actual number of units installed for the We*. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price . Any Bid net conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because If conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantifies. ^ Compensation for such additive or subtractive changes in the quan ifies shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Packet Page 1083- 1 10125/2011 Item 16.A.1. Protect Manager and the Successful Bidder shall have the discretion to re- negotiate any unit pnce(s) where the actual quantity varies by more than twenty-five percent (25 %) from the estimate at the time of bid. 11.2 Attendats Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for the rejection of the submided bid response. All bids responses received without pricing for all alternates as listed will be considered technically non - responsive and will not be considered for award. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspects) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bit opening strictly in accordance with Owners then current Purchasing Policy. 12.2 Statement of Award'. The Award of Contact shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contact in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Awartl, signed by a Procurement Specialist of the Owners Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awerdee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at hdo' /Aww colhergov net/Index.asox?page=T62. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the owning and distribution of such copies. 12.6 Certificate of Authority, to Conduct Business in the State of Florida (FL Statute 60].1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Packet Page -1084- 10/25/2011 Item 16.A.1. Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (wwwsuntumorg / search. htmll. A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the cerifcate of authority at the time of response shall W required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timefreme, the County reserves the right to award to another firm. 12.7 Local Vendor Preference: The Collier County Board of County Commissioners has adapted a Local Preference'Rlght to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County contracts. A'local business' is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes Me business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not veritable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submhfing their bid or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive, non -local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent (10 %) of the once submitted by the non -local business, then the local business with Me apparent lowest bid offer (i.e. the lowest local bidder) shall have the opportunity to submit, an offer to match the prices) offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non -local bidder and the lowest local bidder are in fact qualfied and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Section 287.087 F.S. If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non -local bidder tendered previously, then award shall be made to the local bidtler. If the lowest local bidder declines or is unable to match the lowest non local bid pnce(s), Men award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Section 287.087 F.S. and Me lowest non -local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Packet Page -1085- 1 10/25/2011 Item 16.A.1. n Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as pad of this solicitation. Failure on the part of a Bidder W submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a Period of up to one (1) year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. Section 13. Salsa Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218 80, F.S., otherwise known as "The Public Bid Disclosure Act, Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(sj. Hence, bidders shall not include these perm fifes amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to intate and complete all necessary and appropnale actions to obtain the required permits other than payment for the items identified in this section. 142 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the worc Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any carbon of the work on this Project shall be - qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractors disqualification from bidding by the Owner, or other public contrading entity within Ue past twelve months shall be considered by the Owner when determining whether the Subcontractors are 'q ualified.' 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the .-. Agreement within the time required. Owner reserves the right to disqualify a Bidder who Packet Page -1086 10/2512011 Item 16.A.1. includes Subcontractors in its bid otter which are not "qualifled° or who do not meet the legal requirements applicable to and necessitated by this Agreement 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de -certrfied for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder shall identify the subcontractogs) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified! on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owners review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shell be removed or replaced! without Owners prior written approval. Section 16. Prohibition of Gift No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part ill, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violagon of this provision may result in one or more of the following consequences. a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specked period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, end /or quotes; and, c. immediate termination of any contract had by the individual and/or fire for cause. Section 17. Lobbying All firms are hereby I d on NOTICE that the Board of County Commissioners does not wish to be lobbied either individually or collectively about a protect for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. PaCket Page -108J- 10/25/2011 Item 16.A.1. r. Section 18. Public Erl Crimea By its submitting a Bid, Bidder acknowledges and agrees to and represents d is in compliance with 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, proposal, or reply on a contract to Provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public en iry'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity 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.' Packet Page -1088- 1025/2011 Item 16.A.1. CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Devonshire Boulevard Landscape S Irrigation Refurbishmarrt project BID NO. 11-5700 Fug Name of Bidder AiMY2! — R?IGX! r IyJ [� Main Business Address I Ldn(iH l,'( Iq AL»xA- Place of Business (i Av!dZ rArt R '3371ekj Telephone No.fTT1'(� - FaxNo.b27i4f4711Y5'- dof Sial Contradors Licensed ss319 State of Florida Certificate of Authority Docum rrat Number el -o Federal Tax Identification Number OI /Yo'i Zfjl3� To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY; FLORDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or part Bid as principals are Nose named herein, Mat Has BM is submit with any other person, firm or corporation; that it has carefully exan the proposed Work, the proposetl form of Agreement and all other 1 and Bonds, and Me Contract Drawings and Speeifications. Bidder proposes, and agrees if this Bid's accepted, Bidder will exe induced in the Bidding Documents, to pmvide all necessary apparatus and other means of construction, inducing utility and he necessary to do ail the Work, and furnish all the materials and eqi referred to in the Contend Documents in the manner and Fine he according to the requirements d Me Owner as merein setforth, fun Bonds and Insurance specified in the Generaf Conditions of the Cc other things required of Me Contractor by the Contract Documents, full payment Me sums set form in Ma following Bic Schedule: Umt prime shall be provided in no more Man two claeimal poindl an where tardier decimal points are madvartantiy provided, rounding to points will be conducted by purchasing staff. NOTE: If you choose W bid, please so ORIGINAL and ONE COPY of your bid mwn ea963an Packet Page -1099- Ms ;ion l of rots cant os, cas f or and Ms i aA eke am Mal kA a l 10125/2011 p �. 92= f: ! „ :..,,,..._ - \! It (� \ \� }<! !: i \\ E »J »# \< ) 2 \\/ zi \ \} {j\ I] \/ § \ \ E \) \)j \\ §) \ \! § - � ; : ;! ;._ . „ ) \ \)) \ / \ 4| eRaimME i . . . -1090- e / e Packet Page € E 8 a m 4 4 ° _ a egagag ? r oFQ E e A m3m 'e Imo - g a?eo. eSe a5 i ;;€ s is lit I a all e Y a.m s a s aEdoI ' -E i$ csxxg xa °g€: . y §3s bg Ea sB sse$�$a Mv :.g °vixw °.� :gQ lc EgE msag OMIT Eus$ e nd gg Ea $. fa §fq sei %.a °3F w i'E gkF bp?° ale §s'e'e 'a'a rh €: w 1 o Packet Page -1091- 10/2512011 Item 16.AA I° a -- SA` ° _ a egagag ? r oFQ E e A m3m 'e Imo - g a?eo. eSe a5 i ;;€ s is lit I a all e Y a.m s a s aEdoI ' -E i$ csxxg xa °g€: . y §3s bg Ea sB sse$�$a Mv :.g °vixw °.� :gQ lc EgE msag OMIT Eus$ e nd gg Ea $. fa §fq sei %.a °3F w i'E gkF bp?° ale §s'e'e 'a'a rh €: w 1 o Packet Page -1091- n 3 e a r9 e 8 f 8 10/25/2011 Item 16.A.1. 88 8 R�� S�Sea 88 888 8 � S S 88 889 ^S °S& 88888 88 i I g G 88 v g a § 10 °af�sm p� say F.f€ 'aeg fi.E m g 3 EE P m122 333e' ° =6aa s e'.:' apl; .pt _4 _; rtl Sao s P_P4a e8�an Big �§5 ..._ maEY Eeg '$5 aR5 S. S =_e% ° Packet Page 1092- ±E�H H1 68 me:cee: xM S � 10/25/2011 Item 16.A.1 � §) ƒ{\ Ea -- §!!J` m§ °,A Qem :a ;, • /jKamDel6!! §! |\ 2 \ a- Ulm Q) §) ) \ ƒ /§ \ /q §I} { Packet Page -1M ! \ � §) ƒ{\ Ea -- §!!J` m§ °,A Qem :a ;, • /jKamDel6!! §! |\ 2 \ a- Ulm Q) §) ) \ ƒ /§ \ /q §I} { Packet Page -1M \ { \ ! \ � § (!a k \ /\ 10/25/2011 Item 16.A.1. MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON - RESPONSNE Ali Bidders shall mifinn by signature that they will provide Ihe manufacturers and materials outlined in Mis Bid specifications. Exceptims (when egm1a are acceptable) may be requested by cemplefirg the Material Manufachrrer Exception List below. If an exception fora manufacturer anNOr material is proposed and listad below and is not approved by Enginaer/Rrojed Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not mnsliMe acceptar ra of material proposed on this fist. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Ed specifications) On behalf of my fim, I ccnfinn that we will use all manufacturers, and materials as specifically outlined in the Bid specifications. pec fi Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER I 2 1 4. 5. It 10/25/2011 Item 16.A.1. LIST OF MAJOR SUBCONTRACTORS TMS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NONRESPONSIVE The undersigned slates that the following is a list of the proposed subcmRrectonfor the major categories outlined in the requirements of Me Bid apecifications.' The undersigned acknowledges Its responsibility for ensuring that the Subcontractors for the major categories listed herein am 'qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Sidders) and meal all legal requirements apprcable to and necessitated by Yre Common Coovments, including, but not houlecl to Pieper licenses, cedifications, registrations and insurance coverage. The Owner reserves the 69M to disqualify any Bidder who includes non- wmphant or nonyuabfied SubconVactors in its bid offer. Further, Me Owner may direct the Successful Bidder to mmove/repla a any Subcontractor, at no additional cost to Omer, which is found to be nw-cw Bard lelth this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional shea45 as needed). Further, the undersigned ackinmMedges and agrees Mat promptly after Me Axard of Contract, and in accordance v,iftfi his requirements of the Contract Documents, Me Successful bidder shall identify all Subcontractors it intends M use on the Project. The undersigned further agrees that all Subom"dors subsequently identified for any pedlon of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1' 4r R— ornoMf3(i �J'i tiJ /A Mkt SPX i'ii 2 3. 4. 10/25/2011 Item 16.A.1. STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state trelow what work of similar magnitude completeci within the last five years is a judge of he experience, skill and business standing . and of its ability to conduct the work as oompletely and as rapidly as required under the terms of the Agreement Pmiect and Lorabon Reference 1. Gt+v m N AH! /:a¢IAUS �tilAl !_ont.Ir;L �3os'i 622- 4cin - 2. (� a(A2 22d ( w1=, To ) 1A.N BA Ah (4 b-t) 701- 3'{ &g 3. IsticerjjS A!fl- arntr,c t1 Tin srnrrrl oq3 -44zz a. t 5. 0 t� - siaa nMeea 11 Packet Page 109& TRENCH SAFETY ACT 1025/2011 Item 16.A. 1. Bidder ac nawledges that includetl in the various items of the bid and in the TJ I BM Price are costs for complying with the Flonda Trench Safety Act (90.96, laws of Flaridal e9e tiye October 1, ^ 1990. The Bidder further identifies the cost to be summenzed below: Trench Safety Unila of Unit Unit I Extended Measure Measure (Quantity) Cost ? ,'�2 Cost (Description) tF5 1. L1,�,.1'.,% 2. Iy 3. 4. 5. TOTAL $ S\ Failure to complete Me above may result in the Bid being declared non- reePonsiva.;i. rvanvsxsvt Packet Page -109]- �S 5� 10/25/2011 Item 16.A.1. /'� 1¢'Cmvrty MaYWn$eemllYm awe "Fro rsae CUpnao starts as A Loced- BUSINE4s Bib 0:11 -UN owonsb4a Boulevard LaMSUp e a Wripton RNUNbbmem Protect. (CHECK PSaxromgre Boxts BEav) Vendor affirms Nat it is a IM al busmess as definetl by Me Purchasing Policy of No CNIME, County Board a County Commlasbrem and tle Regulators Thereto. As defined in 5a9on Xi d Me Colter County PuiPNSing Policy A'ICCaI business' Is defi+red as a business that has a valtl occupational liberal Issued by bier Career or Lee County for a minimum of one (1) year prior t0 a Collier County bb or pmpoaat submbsiont Mat Outcomes Nor buseress b prefum Me Commodities or servia s to be purchased, and a prabdejl business adaibfl bcand within be limb of ba mossumble way, this may Include, but not Ntvntled to, Me bonsai and ear th support and bonuses to aiMer comer or Lae Couml!s for base, and re . I Me business within adult or Lea County Ventlon %call affirm in writing their d as of subtracting Meer bid or prgwral M be eligible for wnbardev1 b a "laal Vanbw must Comlbats Me tdlowina mMmalbn: Year Busenass EsbM'rshed In Occulter County DAL-es County: 3Cr� Numbuof Employees (Including Camara) or CoRaata Officers) Numberof Empbyeastiringn[Calker Cwntyo3g4a(Including Owrer(s)wCwpwahsO )�+ Ifm{uu+M by We Cannot, oe i will be mryvef b provide subata Cd Me IMamatted given m the albs Failure to do so will msutt in veMOfs sudnk stun bang beemetl not appicali Vmrdor Name: Anhi — /if/A1 y 6C Data !9 ✓. boar rw Lea cwnfr a /uJress: 833o 4fi'( {cn �' I q4 LL 94M ft--�34G3 �� Title: STATEOFRORIDA: ❑COLUERCOUNTY 4KEE COUNTY Swam b vk SUbacribetl Before Me, a Notary Pudic, for Me abovie Steel and County. amnia .,O 1R Day of 2011 Notay Public My Commissitm. Express o/$ (AFFIXOFFICIALSFAL) soot","{. nffwms 1 x ap . Packet Page -1098- 10/2512011 Item 16.A.1. Immkinstan Law Mfidavn CedBCagon BFP 11E]OB- Owouhire Boulevard lendaoapa & Irrigagor BaNM6M1nwnt Protect Tms AfigaM is required and should be signed. Mdadze! by an aubooad Principal d the film and subnNW and (wmal Mahmons to BW(ITB's) all accused kr Ploppsak(PfP) suzimms. Fuller, VeMma/ Beldam are labeled b moll in Me E- Ver'dy program, and provide acceptable dybor ca of Ndremo lment tithe tme ofthe wbnissien INMe venagrdbuaera pmposaL Acceptable evidence consists Of a copy of the pmpry mmplelN E -Vedy Ccmpmly Profile page or a copy Mthe fully execvNd E -Verify Memerandum d Unbersmndly for them rids".. FaJanreto loco N rRv carearrac Bgly deem the Vandml Mohamed damoossal We W Carer Coenty will not - mrentionaly award County, commem many vendor who knowl employs ureunmr¢ea alien workers, consvWNg a violation dolor emgoyment provision wd&ned In a U.S. C, sector 1324 ale) secbom 274Va) dtlie Immgtal and Nationality Act( °INA�. Collier County may consNrrtlre cnploymbet by any vane of unauMotizeci Mons a M etlon Of Seel 274A (e) M Me Ill Seen Voterm by the recipient d do Employment Prays cre wMainad'In sedWn 27,A (a) dMe 1NA shall be gragms he unYaNre itanninaflon dMe contract by Colter Couny Vendor atleda Nat bey are NIIy, or irpent MM all applkable mmg2l cr Was (apacificdlly he me IM immigration Act and ada epuent Amendmant(s)) and agreed N comply With the peovaions of the Memorandumd UndemMnding with E- Verify and to pmvbe prod of enrollment in Tire Employment Eligibility Veiideaton Systwn (E- Verfy), operziN by the OspmMem W Normand Beommy In p score pwith Me Serial Securry Administration at the Who d SUbmiSSIm d Me Vendors f Bidders propose. Curnpany Name � �i )L Print Name -�I✓ /LJY///1''�n =mCYH7 �TMe iY[d.W- 1"�MQV_t+l9Q. signature Oee --�Ot // -- Bond F ri Cou erof 10:fe /ss ) Theforegdnginsetrumea[ IgnadaMa�glowledgedbefbreme Nis'Wdayd 4jj 2gtf, by � - kA �m�e. �("a or marenc mmand amber) a naspmauced jl �[ /3[s /[i�r�r sic (type of identFication and number) as Mendfborun. heavy Public Signal N. i e Tea r G.M<.f a d E :-11� rL os Pmt d name dNOmy Public EEOt 'of S o3 /a� /aa�s NotaM Commi%+ion Numceutsfa mon Tlw agree of this A?daA guumme aa as evidenced by Me aeon afidavd requked hersin. the. WN and acc nacyOf his aN]a+r b Nmme mmormt hereinafter made. Packet Page 1099- 10/25/2011 Item 16.A.1. F aa:reaesewarn>mn awN.e *T'lr Caagx Comm Squararww Slrearnure w _ e Repuact ro. Ta[payar laenW n Number and CaMNad y'R it. In acctxb xe W rt 1M1 Inlemal Reven Service reg lad Collier County mqu red 0 fdlm Marhadon for tag repaNng ryryeaea diAduak tl panieswn do N�reae WIM soCal sec dy m ben tt used by Ma " dWtlual pent' for tax =U pu �i 119071Y5) require Mat Me county tty you n ending d Me reason for Cdkchnp Mn in usetl for ro other purpaea Ma herein ended. Plea Vlel all infwmelpn Mel ag�Iea iti d�nC4 return yNM your quo@ or propwal. i 1. General lrNOAnMm (WOnde all ulbmlaben) pl '£L - rakgwen (T2z�447- 7,1%Fnx(7= z)u4T -N8.f emuo yxy Order lnr¢rmstlon Rmmttl Poymem ln(mmallm Lxy swa zm car _. 2. CmnpanySbtW !^�d¢nlronly olleJ _Ir�dNeud / SdB PmMamr Cwryratiur PonrersNp n �� ` _TexEmmA (ieeerN inam¢raaexenq ergly _Liminn lleEiTy company y}. 4.. onset INena Reienw SdNm auN¢I'mu IRC � t WiIq 3) ErNrtlsbs clsNfin�n. yt ) (O= OLirs4mNee Enb(y C�mrnoredve t;-yb rOtWOMp) 3. Taxpoyer MBMlfi onNumbur(/ortaxmp ngpuryv sonly) i T 4 L y 4f t FpkR4Ta[b¢dIP[e6an NmrL6r QINj ° W. aweaa.wo ep �orxe�ewnN, w;g aregiwme ropmyie¢aeooa �' narmer wa�'..reraoljF�m�+: e. Sian artlGam Fwpm��ey�m" LmMeetlan bear IhevlfinmaM1wr al�cwnMM hnn b[crl AaAMxl w : d Pel ,F a Packet Page -111M} i 10125/2011 Item 15.A.1. Upon notification that He Bid has been awarded, the SuccessfulBdtl :w9 .,Rre Me Agreement tarn attached b the Bidding Documents within ten (10) cd d'. d aid deliver the Surely Bond or Bonds and Insurance Certificates as required by C0 ments, The bid security attached is to became the Properly of ttre Owner in I n4 Insurance Certificates and Bonds are not executed and delivered to tAvm i a fine above set forts, as liquidated damages, for the the and additional net,, it being recognized Mat, since time is of the essence, Ovmer will sutRr fink If the Successful Bidder fails W execute and deliver to (honer the regaredU ° Pence Caff ones and Bonds whin the required time Period. In the evem,. b%p total amount of Owners damages, will be difficult, 0 not impossible to dell in and quantify. It is hereby agreed that it is appropriate and fan that Owner fT 'e1Qlafated damages from Me Successful Bidder in the event it fans M execute antl del re¢tnenl, Insurance Certificates, and Bonds as required hemuntler The S er hereby expresaty waives and relinquishes any right which k may have b seek Mchet? 1hC above noted liquidated damages as a penally, which Me paPhes agree [elnR sP and reasonable estimate of Owners actual damages at the time of bidding rf Hid 11 Bidder fails W execute and deliver Me Agreement, Insurance Certificates an Emu) mely manner Upon receipt of the Notice of Award, the undersigned proposes Pc within five (B) calendar days from Me commencement data stipul Proceed unless the Project Manager, in vatting, subsequently modified (later) commencement date. The undersigned further agn all work covered by this Bid within one hundred and twenty (120 computetl by excluding the commencement data and including the to be fully completed to the point of final acceptance by the consecutive calendar days after Substantial Completion, commencement date and including the last day of such period. S ate of County of ..,.�/ A., Mz .W.<s(er- — being firsts deposes and sags that the Bkddef an the above Bid is organized as it statements herein made are made on behalf of such Bidder and that this ds to make them. —/-X....,._/, A Pw, Mem,� 77-- . also depot Drawings and Specifications and has cheoketl the same the statements conserved herein are true and corr ect. mNrs 11 Packer Page -1101- (a) Corporation The Bidder is a corporation organibed and existing under the F- } which operates under the as folbws: A-0,! d -fiC4W E v , and the full President 'C- ^- aA.s3J SecrefarY (Saed� r.tw C 68nkJ The 10/25/2011 Item 16.A.1. a i IawS, e` State of legal {aa of is authorized to sign constrib rEbi(ls and of its Board of Dee" i:,,taken ,,,, aareeC&44wa �. (b) Co-Partnership The Bidder is a co-partnership consistrng of individual barters whose full near The co-partlrership does business under the legal name of: (c) Individual The Bidder is an individual whose fun name operating under a trade name, said trade narn Packet Pa ll 10/25/2011 Item 16.A.1. Complete for infunnation contained in (a) Corporation, (b) Co-Partnership or {c} k ilividual Item previous Page. GATED 7u P l e• errtl r C y legal ty BV: a k A WOE .Ra WMess Name of Bidder (Typetl). _ WM' SgnaWre A4. tsp Title h1. STATEOF F/O i/4 COUNTYOF �9nellas t The forering instmment was acknowletl es before me this _20 tla by as A _ co Crportion. she/ - is personally known to (did not) take an oath My Commission Expires'. d�d �yoi5 (AFFIX OFFICIAL SEAL) d� NAME: of / _.., 2011, Of aS (Signature of Notary) ' (Legibly Pnnted) Notary Public, State of'. Commission NO: t E 941t Packet Page 1103 10/25/2011 Item 16.A.1. BID BOND KNOW ALL er'N BY THESE PRESENTS, that we kNri -Pr ide t Clearwater, FL (harem SPET talky Me Pr iand any Allied Prpperty 8 Casual 1 L (heem muted Me Surety), a ruINMOMOn chartered and edsfug arch Me laws of the Stale a Iowa wiM its gmvipal offili in Me duty of Des Poi nos I Iowa and auMOr¢M M do business n the State on Fi on da are hed and hrrnly bound unto the _ Collier County Meebal called de ) m 1 M Live percent of amonth f bid Men dollars had (E just goad and lawful Monay ed Ma United States dAme , to be paid upon demand of the (tamer, ro whin i l payment weal am ally to be race, Me Principal and Ma Sawary bad ManseNes, Mein hands, and exewMrs, aM1niniahators, stud amigne. Minty add saverage sold Ed* by these praeems, WFaram Me prncipal n abwt ad intend, or hea submided M Me Owmr, a Bd our fanib Nli all labor. mektial WrxPrnerd add haddanfals necessary M undid, nay, and lady daneleM Be Work m the Project known as Davgashiee Boulevard Lasrdiall 8 Irngatlon Reyurbiskmanl Project, Bid No. 114M. NOW. THEREFORE, 0 Me Owner shad am¢pt Man Bad of de PRINCIPAL add Me PRINCIPAL shad anterirao and re Tuned Agreement alh Me Ovmer and wal en days ^ ail Ma data of a wrtlllen Nei ct Aw3rd in adadvanca wild da terms MsuM Bad, stud give such bond or bonds in an vncolp a fl 0 Mar dal Corlda.t' Amount as speadbed ei the Bidding DO VSnerM a CwNad Oocurnenh lath good and a ggai Sub" fa Me f li pertamanm of the Agrement and fa Me pmmt paymmd o bb,, mates and sugpes garnished in Me psdrariAm Metmf W. an Ma aVent N Me legal G gas PRINCIPAL m a bad such Agetvaynt a b gins, suOS bad el bads and degas b Owner the required zaNS ofvawalce, Rude F1iMCIPAL Stay pay W Me OBLIGEE Me hand and of $ rated above sa initialed damages. ant rq se a Penally. as MOVIdaJ ra Me Bidding DOmneata Men Mid obligation shall W nW and vma, _ IN TESTIMONY i bpd, Me principal d {s have �usM Mess, presen6 0 Cod duly sgndand aeakd try.-- _July _.2011. _ Nan a Inc Pnnup r _ BY (leap — - Allied Pr arty d Casualty %Ins ranee Company Surety _ - Denise M er ttorney p dt — (Beep Counmrsignad 7�AAMm1 li, A Loral Resident Producing Agent fw Packet Page -1104- 10/25/2011 Item 16.A. 1. nemvnx mare. ro,Mwy ea tf, n y aM mvwraly If au Tmmpnn,' wN Row noolf Rate. oomu%,N pp,M Denise Miller +.a*R doWI wfI KI lRodk wfnafxre vdhd ewee� wruna�w•vs..dr..am.weor nWoWaryme M bore. s uvc Ito a, If �lav m' ,, wuwaa'mmwe as nwfw uwwum M bad MI Cl.pany fi� ,A,namwfoa ffwtI, .w.weagrca rynhmdnuv n nv Woa.9111 daae uvw aa III, r r a� This povaI 0 Money Ina vNq au a blm4y Roof RI"Mla aY f,aqua m eRVmn d w Gryany I RESOLVED. " ub pWaarc® n aq ma Rows' e, ve vNr"I h, ararvkW na ampvwM re loh4 amr 14IRI If tivC f,,awm luffofm iMeIwh OREM awnraau WarnauaFp ma rtxwy p pamre Mx4q p .f phs,upFwy aw,.ve Mw amgv lofkv uvex, un R, 11m.ca^m,a, y Mow. sammasNvmmim,us m.wmow, w ry 99, a waYUmx pwde, taws, nvl W wtlMN ganha Malya sl in M Vry tinb Ina Aut4o" a mmr mnyauuuaua apmu m y n aw mmwvpn vy 0 wo amnerwon Raw of m, cmpvey.' RE SOLVED itff0. low vuh am M,hn sNgn bn Row, IMauerrly mar ,,o wimerR InI If awA aaama41 ana m 411 lv c Moony aq,.a m m, mmandNahWl of w p,.of mwvmwMm Wm, ma m aM. 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" ub pWaarc® n aq ma Rows' e, ve vNr"I h, ararvkW na ampvwM re loh4 amr 14IRI If tivC f,,awm luffofm iMeIwh OREM awnraau WarnauaFp ma rtxwy p pamre Mx4q p .f phs,upFwy aw,.ve Mw amgv lofkv uvex, un R, 11m.ca^m,a, y Mow. sammasNvmmim,us m.wmow, w ry 99, a waYUmx pwde, taws, nvl W wtlMN ganha Malya sl in M Vry tinb Ina Aut4o" a mmr mnyauuuaua apmu m y n aw mmwvpn vy 0 wo amnerwon Raw of m, cmpvey.' RE SOLVED itff0. low vuh am M,hn sNgn bn Row, IMauerrly mar ,,o wimerR InI If awA aaama41 ana m 411 lv c Moony aq,.a m m, mmandNahWl of w p,.of mwvmwMm Wm, ma m aM. 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THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLDER COUNTY, FLORIDA Purchasing Department BIDDERSCHECKIJBT IMPORTANT: Please read carefully, sign In the spaces indicated and v ith your Bid. Sadder should check off each of the fo0owing items as the necessary ethos iscompt eted 1. The Bid has been sgned. 2. The Bid prima offered have teen reviewed. 3. The prove exhatuon r and totals have been checked. 4. Any required drawings, cescnpMm 14ersure,etchavebeennduced- ,5. Any delivery information required a included. @. Local Vendor Prafaence Affidavit complete . 7. Immigration Mclean completed and Me canperry's E- Verify profle pate or memorandum of uMerebndilg * CertiACate ad Authority to Conduct Business in State of Florida xs 9. Other CountySUbsNUte W-9 10. 9 required, that amount a Bid cord has been checked, and the Bid bond W.: tenets check has bean intruded. n 11. Any audience fare been signed and intludal- 12. The craning envelop t has bean addressed toc u k, Purchasing Director Coln County eceemmer r Purchasing Departmert 3327 Tamiami Trail E Naples FL 34112#f 13. The mailing envelope um be sealed and marketl with: g a8N Number, Name !v1 k*Open ng Dab. 14, The Bid will be mailed cr delivered in tme b be aceirved no later than the spefied m a ousn' date and t me other we Bid cannot be wnaklered. 1... ALL COURIER -0ELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COUWER PA l/ ograoa Date: '7 T� iv!ns5aesan Packet Page -1106- 10/25/2011 Item 16.A.1. Ameri- Pride, Inc Packet Page -1108- '" aeoreesnem v�v,aMrm xorea w.nea Mrma.n.m> ra�nc is Mle vmia.,wmw wmwMV e.Mw�ie6wnc. mlm.wsen,M, s.mm.n�n,H- wwaava/imanan 3sr «a we.a.Permnme. im ne, Mm anra, mmamce,wnr- roorMmaarsxke er� am.naemmMnena.wnena xr.ars G,n.nea Mammnanae,Mna�a.ew.ore. m mbe M.We embe, 611. m mm. M bn" MemM S,w CM, mba r- )Years Gmunea Malmmaw. unemFSVYvFg ember mbc ev omb nma Ganw [m MCMar n sav¢ 3rears G,aunea Mamnrenay pyilaMhry 4NOn ber am v m y binparu Gee Membr , Me er Amene E,uR,n eiexmemM Packet Page -1108- '" 10/25/2011 Item 16.A.1. Previous on List Ned on List Realm To Let io A WmeSearth No Event Na NSng History ggsAt Detail by Entity Name Florida Profit Corporation PMERI - PRIDE, INC. Filing Information Downrent Number PWW0115096 L FEMN Number 0106i2995 oW iYeO 10212006 awe FL Statues ACTIVE 19N >eI OCM612010 Registered Anent Name 8 Address iH U, FATflARMt 10004 U.S. HWY 19 N :[FPRiski FL 31 U5 >naress Chari. OUSISCI0 Dificer /Director Detail Yame a AtlJms Foe P iHEHU. FATRARDH 1660411$. HM 19 N :LEARINAiER FL 33786 Fine 3HEHU, SONCL 16604 U. S. Hki 19N :LFARWATER FL 36161 gaol Fllod gab Mo 04,052010 20±0 082012010 ht1p1M w bizorg/scrq NcodeLCxe?ac m —C Packet Page - 1110 -nddxa p0400014549 iocc_.. 212011 w smba.org - t pamncmt of Stare 10125/2011 Item 16.A.1. PmaI an oa Nert °"LS Rwm To LH1— — Ent Dane se_a No Evenle No Nine History - _III Detail by Entity Name = lorida Profit Corporation \MERI- PRIDE, INC. =ilino Information C wmernl Number '04000145493 FEIMIN Number 010643585 DOA FIME 1Mt1Q0D4 SWW FL SM1Wa ACTIVE Principal Address IBBW U S. -NVY I9 N :LEARWATERFL33754 'MI U.S. HWV 19 N u5 Name & AOEme SHEHU FATRAROH 166 US. HM19N CLEARWRER FL 337W Take VP SHEHU, SOKOL 16834 a IS AVdY 19N CIEARWATER EL 33784 Annual Reports Report Year Filed Wb MIS MN 010 httpa /wwwswbizprp/scnpWcoNetexe? Packet Page_ 111-1-q doc moan a —P040001454... 9292011 w .smbi ocg -Dep entofSuge 10/25/2011 Item 16.A.1. �\ 2010 P9Y1L 10 2011 olnmon vnenom - :Fx 102120]0 —Domes a FM PM"OUS on List Ned on GA Rt,m T, L, b ERt NVne Sea_rt0__ I E ... W No Name History Hom I :'nW .11 ovmM.vt $ea¢nee I E 1, .a maz I Forme I �.P hrtp / /wwwsmbiz.orp/scnpWmNetexe ?Packet Page _1112 -�doc n=beF 0001454... 729/2011 EPLS search Results 10/25/2011 Item 10.A.1. Search Results Excluded By Firm, Entity, or Vessel; amen -pride as of 23- Au94011 4:52 PM EDT Your search returned no results. PackM Page-1113 „v„� -a�� tus= cmrem &geveporr -v... MM011 In 10/2512011 Item 16.A.1. CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner") hereby contracts with Ameri- Pride, Inc. ( "Contractor) of 16604 US 19 North, Clearwater, Florida 33764, a Florida corporation, authorized to do business in Me State of Florida, to perform all work ('Work ") in connection with Devonshire Boulevard Landscape 8lrrigation Refurbishment Project, Bid No. 11 -5700 ( "Project'), as said Work is set forth in the Plans and Specifications prepared by Windham Studio, 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'. Sedjonl. 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 send documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the " Agreemei and sometimes as the "Contract'). A copy of the Contract Documents shall be maintained by Contractor at the Project site at /0� 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. Seaton 3. Contract Amount In consideration of the faithful performance by Contractor of Me 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: two hundred sixty seven thousand two hundred fourteen dollars and thirty seven cants ($267,214.37). Section 4. Bonds A. Contractor shall provide Performance and Payment Bonds, in the form ^ prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be Packet Page 4114- I11 10/25/2011 Item 16.A.1. underwritten by a surety authorized to do business in the State of Flonda 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 www.firs trees oov/c5101o5]0. htmOtcertifed. Should the Contract Amount be less than $500,000, the requirements of Section 2137 0935 F.S. shall govern the rating and classification of Me surety. D. 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 Owners approval. Section 6. Contract TI d Liquidatcad D A. Time of Performance. Time is of the essence in the performance of the We* 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 Me Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within one hundred and twenty (120) calendar days horn the Commencement Date (herein "Contract Time'). The date of Substantial Completion of the Work (or designated portions thereol) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or Was the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within twenty (20) calendar days after the date of Substantial Completion. 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 end shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recogntae that, since time is of the essence for this Agreement, Owner will suffer financial loss ff 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 quantity. 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 six dollars ($566.00) for each calendar day thereafter until Substantial Completion is 29 Packet Page -1115- 11 10/25/2011 Item 16.A.1. achieved. Fuller, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at hislher direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof 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, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owners sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even W 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 Contact Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement unfit Owner achieves Substantial and Final Completion of the Work. 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 pad 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 We* 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 wRh the terms of the Contract Documents. Packet Page -1116- ITI 10125/2011 Item 16.A.1. H. Recovery of Damages Suffered by Third Parties. Contractor shall bo 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. Owners recovery of any delay related damages under this Agreement through fine 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 S. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C. Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E Change Order Fops Exhibit F. Certihrate of Substantial Completion Form Exhibit G. Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit l: Supplemental Terns and Conditions Exhibit J. Technical Specifications Exhibit K: Permits Exhibit L'. Standard Details (d applicable) Exhibit M. Plans and Specifications prepared by Windham SWdio, Inc. and Identified as follows: Devonshire Boulevard Landscape & Irrigation Refurbishment Project as shown on Plan Sheets 1 through 12. Exhibit N: Contractors List of Key Personnel Section T. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served 8 delivered by U.S. Mail, E -mail or Facsimile, addressed to the following'. Darryl Richard, Project Manager Alternative Transportation Modal fATM) Department Growth Management Division 2885 S. Horseshoe Drive Naples, Florida 34104 )239) 252 -5775 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, E- mail or Facsimile, addressed to the following: Packet Page '1117- m 10/25/2011 Item 16.A.1. Dominick Paternoster Account Manager Ameri -Pride 16604 US 19 Nortil Clearwater, Florida 337M (727) 447 -2186 (127( 447 -0185 Fax 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. 81 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 entry 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 entry 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 Suction 10. Successors and Asians. 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 is 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. Packet Page 1118- In 10/25/2011 Item 16.A.1. Section 13. Entire Agreement Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between Me parties affecting Me Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof, Section 15. Change Order Authorization. The Project Manager shall have the authority on behah of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owners Purchasing Policy and accompanying administrative procedures. Secton 16. Construction. 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'Todus contra proferemum" (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. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terns 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 Condhions 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 cannot be resolved by application of the Supplemental Conditions, tany, 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 Owners discretion. Packer Page 1119- IT 10/25/2011 Item 16.A.1. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates) indicated below. CONTRACTOR: TWO WITNESSES: Ameri- Pride, Inc. By: FIRST WITNESS Type /Print Name and Title Type/Print Name SECOND WITNESS Type/print Name Date: OWNER: ATTEST. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Dwight E. Brock, Clerk By BY Approved As To Form and Legal Sufficiency: Print Name: Scott R. Teach Deputy County Attorney Packet Page 1120- Fred W. Coyle, Chairman 10/25/2011 Item 16 A.1. EXHIBIT PU A 1: BLIC PAYMENT BOND Devonshire Boulevard Land abe &I rogation Refurblshmenl Pro)ecl Bond No Contract No. 11 -5700 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ 1 for the payment whereof vre bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 2011, with Obligee for in accordance with drawings and specifications, which contract Is incorporated by reference and made a part hereof, and is retained to herein as the Contract. THE CONDITION OF THIS BOND Is that if Principal: Promptly makes payment to all claimants as defined in Section 25505(1), Flonda Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalaries connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable In the aggregate to claimants for more than the penal sum of this Payment Bond regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 2011, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. maxssxwr Packet Page -1121- 10/25/2011 Item 1S.A.1. Signed, sealed and delivered in the presence of: 190Nrlifil BY Witnesses as to Principal NAME: ITS: STATE OF COUNTYOF The foregoing instrument was acknowledged before me this _day of 2011, by as of a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as Identification and did (did not) take an oath. My Commission Expires'. (Signature of Notary) NAME'. (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.'. ATTEST'. SURETY: Witnesses to Surety mnxi 953633 11 Packet Page 1122 Printed! Name) (Business Address (Authorized Signature) (Printed Name) 1025/2011 Item 16.A.1. As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged .before me this _ day of 2011, by as Of Surety, on behalf of Surety. He /She is personally known to me OR has produced as identifcabon and who tlitl (tlitl not) My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Packet Page -1123- 10/25/2011 Item 16.A.1. EXHIBIT A 2: PUBLIC PERFORMANCE BOND Devonshire Boulevard Landscape & Irrigadon Refurbishment Project Bond No. Contract No. 11 -5700 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to , as Obligee in the sum of ($ 1 for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2011, with Obligee for 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 1 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 fonnaldies connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and It does hereby waive notice of any such changes, extensions of time, aherations or additions to the terms of the Contract or to work or to the specifications. mAAlieman Packet Page 1124 IT 10/25/2011 Item 16 A.1. 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 subs that may be fled by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 2011, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authonly of its governing body. Signed, sealed and delivered in the presence of PRINCIPAL Witnesses as to Principal NAME: ITS STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 2011, by , as of a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: 39 Packet Page -1125- ATTEST: SURETY: (Printed Name) (Business Address) (Author¢ed Signature) Witnesses as to Surety (Printed Name) m STATE OF COUNTY OF 10/25/2011 Item 16.A.1. As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this _ day of 2011, by as of a Surety, on behalf of Surety. He/She is personally known to me OR has produced as identifwtion and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) ^ (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Tpm1953aaau Packet Page -1126- 10/25/2011 Item 16.A.1. EXHIBIT B: INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly author¢ad to do business In the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, If required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractore, 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.' The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a seveabilily 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 amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B 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 . Coveragejsl shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope m work by the County or as specified in this solicitation, whichever is longer. The Verrdor and/or Rs insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non - renewal on the pad 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 lima reinstated to the full extent permitted under such policy. mnersaevu Packet Page 1127- 10/25/2011 Item 16.A.1. Should at any time the Vendor not maintain the insurance coverageLs1 required herein, the County may terminate the Agreement or at its sole discreton shall be authorized to purchase such coverageLsl and charge the Vendor for such coverageLid 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 ti be responsible for the coveragets) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverageps) 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 Cedlficate(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 ce-ificate(s) shall be considered justification for the County to terminate any and all contracts. Packet Page -1128 - 10/252011 Item 15.A.1. Collier County Florida Insurance and Bonding Requirements insurance I Bend Type ® workers Sunni ; ... -.. +2.': ;.. Statutory I-=of FI tl Statutes, Chapter 440 and all Federal Government L Compensation Saturday Lib and Requirements 2. ® Emplayer'a Llabil2y $1 ON ON Single When per occunanw 3. ® Commercial General barely Injury and Property Damage Labllny (Occurrence permit patterned affair the current $1000000 single limit per occurrence ISO forth 4. ®IndemnPicAion To the maximum extent permitletl by Florida are, the ContractonVendor/ Consultant shall indemnify and hold Farmlers Collier County, its olficen and emdoyeea from any and all hadnities, damages, brawas and costs, including, but not imited to reasonable attomeys' fees and pareargel%kes, to the extent causeb by the negligence, reckkssness, or intentionally wrongful conduct of the ConVacha Vendpd0onsultant or anyone employed or utilized by the OonhadcriVendorlConsultent in the performance of this Agreement This indemnification obligation shall not be manacled SO negate, abridge of reduce any other rights or remMies which otherwise may Ire available to an inaamnlaed party or person descnbea in this pmagrapR This s morn does not pertain to any Incident arising from the sole neglgence of Collier County . 4. ® Automobile Liability $1 00, 0000 Each Occurrence; Bodily Inlury 8 Property Damage, Gwned /NonL adlHVed', Automobile Included 5. ❑ Other Insurance as led ❑ Pollution S per Occurrence ❑ Professional Liability f per Opponents $ 501 a@& claim and In the aggregate $t 000000 each claim and In the aggregate • $2 000000 each claim and In the aggregate ❑ Pmjecl Professional Liability $_ Per Oddunence ❑ Valuable Papers Insurance S Per Occurrence 6. Z Bid bond Street be submitted with proposal response In the form of c arbed force, cashiers check or an inevmabee letter of credit a cash bond pasted win the County Clerk, or proposal bond In a sum equal to 5% of the cost proposal. All checks shall ce made payable to the Cooler County Board Of ounty Commissioners on a bank or trust company located In the Slate Of Florida and insured by the Federal Deposit Insurance Corporation. ]. ® Performance and For projects In excess of $200800, bonds shall be submineb with the Payment Bonds executed contract by Proposers receiving award, and wren for 100% Of be Contract award amount the cosh borne by the proposer ving an ward nde The Performance and Payment Bonds shall be unwinen by a surety authorized to do business in the State of Florida and otherwise acceptaNe 0 Owner; provided, however, the surety shalt he noted as -A-' or better as fo general tegory and the amount requires shall net exceed 5 %not me reported policy 0 Packet Page .1129- 10/25/2011 Item 16.A.1. holders surplus, all as rebound in the most current Rest Key Rating Guide, published by A . Beat Company, Inc. of 75 Fulton Street New York, New York 10038. B. 0 Vendor shall ensure that all Subcontractors comply with the same Insurance reQOlremen s that hall recurren to meet. The same Vendor shall Provide County with ceMlvates of insurance meeting The required insurance previsions. 9. ® Collier County must be named as" ADDITIONAL INSURED" on the Insurance Carol for Commercial General Liability where required 10. ® 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. 11. ® Thirty (30) Days Cancellation Notice required. Vebdof E Insurance Statement We understand the Insurance requirements of these s uecifcations and that the evidence of Insurability may be required within five (5) days of the award of this solicitation. Name of Firm pate Vendor Signature Print Name Insurance Agency Agent Name Packet Page 1130- Telephone Number 10125/2011 Item 16.A.1. Packet Page -1131- 10/25/2011 Item 16.A.1. E%HIBITC: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned surreal personally appeared who after being duly swam, appears and says: (1) In accordance with the Contract Documents and In consiiderms r of S paid. (Contlanor) releases and waves for itsen and its subcontractors, materal -men, su re and assigns, all claims demands, damages, coats and expenses, whether in contract w In tor, against board of County Commissioners of Collier County. Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated 2011 for the pored from N excluding all rerainage withheld and any pending Claims or disputes as expressly spetilled as follows'. (2) COntractor cautious far dealt and Its subcontracmrs, material -men, suaMSOs and assigns, that all charges for laWr, materials, supplies, lands, licenses and other expenses far which Owner might sued or for which alien Or a demand against any Payment bond might be bkq have been lolly satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnity, defend and save harmless Owner from all demands or sulk, actions, claims Of liens Or other changes bled or assumed against me Owner arrong out of to performance by Contractor of the We* covered by His Release and Affected (d) The Release and Affidavit Is given In connection with Contactors [narthly/flnal) Approach for Payment No ^ CONTRACTOR BY ITS DATE'. STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day Of 2011, by as of :orpoafion, on behalf of the corporation. He /she Is personally known to me Or has resistant as identlbcafion and did (did nor)sake an oafb. My Commission Expires'. (Signature of Notary) NAME: (LegUIY Printed) (AFFIX OFFICIAL SEAL) salary Public. State Of Commissioner No Packet Page 1132 45 10/25/2011 Item 16.A.1. EXHIBIT Of FORM OF CONTRACT APPLICATION FOR PAYMENT (County Protect Manager) Bid No (Csun ry Department) Physic NO. Collier County Board of County Commissioners (the OWNER) or Collier County Water Sewer Dpi (the OWNER) Application Date FROM (Contrai9 Representative) Pyment Applica (C through the Data ont2Ctofs Name) a (Contractors Address) RE: (Project Name) Ort final Contract Time Original Contract Ends : $ Revised Contract Time Total Change Orders to Date S Revised Contract Amount $ Thal value of Work Completed Retinal @10% thru[ineert date] $ and stored to Date $ Retainage@ _°6 after (insert dial $ = Less Retainage $ Total Earned Lass Natural $ Less previous payment (a) s Percent Work completed to Data % AMOUNT DUE THIS Percent Control Time completed to Date as APPLICATION'. $ Liquidated Damages to be AwuM$ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION; The undersigned CONTRACTOR certifies tat (1) all previous progress payments received from OWNER on account of Work done under the Contract defended to above have been applied to discharge in full all obligations of CONTRACTOR incurred in ounnection with Work wvered by prior Applications for Payment numbered 1 trough _ Inclusive) (2) tilde to all materials and equipment incorpptated m said Work or otberaise listed in or covered by His Application for Payment will pass to OWNER at time of Payment free and clear of all liens, claims, n interests and encumbrances(except such as covered by Bond acceptable to OWNER) (3) all amounts have been paid for work which previous payments vrere issued and received from the OWNER and that current payment Is now due ; and (4) CONTRACTOR has only included amounts in the Application tar Payment props due and owing and CONTRACTOR has not included within the curve referenced amount any claims for unau donced or changed Work that has not been properly approved by Owner In wrong and In advance of such We*. By CONTRACTOR Contracors Name) (Signml DATE: (Type Name & Ti (shall be signed byaduly autbmi representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended'. By Design Professional (DP's Name) (Signature) DATE (Type Name & Title) Payment to me CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is approved'. By OWNER'S Project Manager (Signature) DATE: (Type Name and 1101 1howleson 11 Packet Page 1133 10/25/2011 Item 16.A.1. Bs' 3 o ml� I ;fs sly I iowc sll 13 a I § 111 =o mp & °a wila o° 40 �rc IT I`r!5 „X _.g 6Y1 III o � I III ry III! III 5ff cE yp 112 —_ Packet Pa -ll34- it i! I �� V I 1 151 a I I s�m�'�. 10125/2011 Item 16.A.1. Packet Page -1135- 10/25/2011 Item 16.A.1. ' EXHIBIT E: CHANGE ORDER TO: FROM: Collier County Government Project Name: Constmdion Agreement Dated Bid Nc.: Change Order No Date'. Change Order Description Channel Agreement Amount _. ... .._ _...........$ Sumof previous Change Orders Amount ........_.....______.....$ This Change Order Amount ....... _........$ Revised Agreement Amount .......... _.. _......It Original Contract Time In calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time Is Revved Contract Time in care rdar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractors acceptance of this Change Order shall constitute a mobfication to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as d the same were repeated in this acceptance. The adjustments. if any to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor sing out of or related to the change set forth herein, including claims for Impact and delay costs. Prepared by Date: Project Manager Recommended by Date'. Design Professional Accepted by Date: Contractor Approved by Date: Department Director Approved by Date: Division Administrator Approved by Date'. Purchasing Department Authorized by Date. Director (For use by Owner: Fund_ Cost Center._ Object Code: Project Number ) Twal"Uni.11 Packet Page 1136 10/25/2011 Item 16.A.1. EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Protect NO cesign Proffiest l's Project No PROJECT. CONTRACTOR Contract For Contact Date This cerlficate a Substantial Canonical al applies to all We* under the Conan Documents or N the follibi specified parts thereof To OWNER And TO Substantial Completion he the stab In Me progress of Na Work when the Work for designated Portion) is sufficiently complete in accoNance with the Contact Documents so than the Owner can occupy or utllLa the We& for his Intended use. The Work to which this Cerdifer a 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 Contact Documents on DATE OF SUBSTANTWL COMPLETION A teni list of items to be completed or conected Is attached hereto. This list may not be all-inclusive, and the failure to include an item In II aces not alter the responsibility of CONTRACTOR to complete all the Work In accordance with the COnllact Documents. The items In the shall Ilst shall be completed orconnected by CONTRACTOR when days of the above date of Substantial Completion. The responsibilities wanted OWNER and CONTRACTOR for security, opeatwn, sadly, maintenance, heal, Allies, insurance and warranties shall be as follows: Packet Page 1137- IT 10/25/2011 Item 16.A.1. RESPONSiBIkmES'. OWNER'. The following documents are altacbe l On and made a pan of this Cetllfiw@: This dentinal deep not constitute an acceptance of Went not In accordance with the Contract Documents nor is it a release Of CONTRACTOR'S obligation to complete the We* In accordance wit the Executed by Design Professional on Design Professional By Type Name and Title CONTRACTOR accepts this Comprise of Substantial Completed on 2011 CONTRACTOR BY Type Name and The OWNER acccpts Its Cemitca le of Substantial Completion on ,2011 OWNER By: Type Name and Title Packet Page 1138- 10125/2011 Item 16.A.1. EXHIBIT i FINAL PAYMENT CHECKLIST Bid No: Project No.: Date: 2011 Contractor: The following Items Have been secured by the for the Project known as and have been reviewed and fountl 10 comply with Ne requirements of the CWn U Documents. Original Contract Amount Final Compact Amount. Commencement Date. Substantial Completion Time as set forth In the Agreement Calendar Days. Actual Date of Substantial Completion'. Final Completion Time as set to" in the Agreement: Calendar Days. Acual Final Completion Date: YES NO _ 1. All Punch List game completed on _ 2. Warrandes and Guarantees assigned to Owner(ndach to and; roan). 3. Efferave date of General one year warranty from Contractor is 0. 2 copies W Operation and Maintenance nuals for equipment and system submitted (list manuals in attachment to this form). s. As Built drawing$ obtained and dated. 6. Owner Personnel theme on system and equipment operation. ]. Oedif¢We of Occupancy No spgch to this forth. _ issued on _ 8. Cambodia of Substantial Compech on )faced On 9. Final Payment Application and Affidavits revived tram Contractor on'. _ 10. Consent of Surety received on 11 Operating Department personnel notified Project Is in operating phase. 12. All Spare Pans or Special Tools provided W Owner: _ 13. FlnisM1a or Elevation CeNfrate provitled W Owner: 14. Other: If any Of the above Is not applicable, inQVte by NIA. If NO is cracked for any of the above, attach explanation. Acknowledgments. (Company Name) By comma (59naWre) (Typed Name & Title) By Design Professional Firm Name) l (Signature) Qyped Name & Title) By Owner: (Department Name) (Slgnalure) (Name & Title) Packet Page -1139- recur Rivera 11 10/25/2011 Item 16.A.1. /-` EXHIBIT H; GENERAL TERMS AND CONDITIONS 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 Commd 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 men 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 faalkies; climatic conditions and seasons; physical conditions at mW 95x3.11 Packet Page 1106 IT 10125/2011 Item 16.A.1. the work -site and the project area as a whale; 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. 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 Utililles 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 property 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 (it 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 oNinanly found to exist and generally recoi 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" 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 pad 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 Contractors receipt of Owners written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractors cost or time of perfornance, 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 receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress Packet Page -1141 IT 10/25/2011 Item 16.A.1. schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall u thane 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 Managers review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Pmject Managers 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 limited to the hours of 7:00 a.m. to 5:00 Pm., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price , listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractors monthly Applications for Payment. This 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 and attached to the Agreement as Exhibit D. 42 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager 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 Contractors Bid and any subsequently Identified Subcontractors are subject to Owners prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. 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 Contractor shall submit all Applications for Payment to Scott Windham, RLA, Windham Studio, Inc., located at 8891 Brighton Lane, Bonita Springs, Florida 34135. 44 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 Packet Page 1142- IT 10/25/2011 Item 16.A.1. the basis of materials and equipment not incorporated into the Project, but delivered and suitably statetl at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall 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 Owners interest therein, all of which shall be subject to the Owners 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 attached hereto and made a part hereof as Exhibit D. 4.5 Contractor shall submit six (6) copies of 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). After the date of each Application for Payment 6 stamped as received and within the limefernes 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 potion of the requested payment, stating In writing its reasons therefore, or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218735, IF S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. 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 retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum 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. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50 %) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractors work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the forth attached as Exhibit C, acknowledging Contractors 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 Packet Page 1143- IT 10125/2011 Item 16.A.1. 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 Fxhibk C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous months 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. Accordingly, poor to submitting its Flrst monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and apProval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding 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 of matle for services furnished, delivered, osre and accepted, upon receipt and approval of of cices submitted ti the data of services is within six he months after line Period of subtract. Any untimely submission of invoices beyond the as untimely deadline t e Ti is subject to non- payment under the legal respect of etches" as untimely submitted. Time shall gr deemed of the essence with respect to the timely submission of invoices under this agreement. F]�'Ja \91Jq: IFY4111:I:Ig4U 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 nullity 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 Owners opinion to protect it from loss because of: (a) detective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such daims, (c) failure of Contractor to make payment property 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; (1) ^ unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. Packet Page 1144 11 10/25/2011 Item 16.A.1. 52 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Connectors expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the stuation at Contractors 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 successful 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. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contactor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Courts Finance Department 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 Contractors right to final payment, shall have furnished Owner with a property executed and notarized copy of the Release and Affidavit 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 and the Owner. Prior to release of final payment and final retainage, the Contractors 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. 62 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 identiFled 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 Owners right to enforce any obligations of Contractor hereunder or to the recovery of damages for detective Work not discovered by the Design Professional or Project Manager at the time of final inspection. T. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contact Documents for all requirements for approval of materials to he 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 Contact Documents In sufficient time to prevent any delay in the delivery of such materials and the installation thereof. Z2 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. Packet Page -1145- IT 10/25/2011 Item 16.A.1. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner d 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 subs hurte 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 of Award 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 subsitute will not prejudice Contractors 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 spherical 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 reaching change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that Indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and M need be, to consult with Me Design Professional. No substitute will be ordered, Installed or utilized without the Project Manager's finch 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 Contractors 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 Managers 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 Packet Page 1146 IT 10/25/2011 Item 16.A.1. Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. B. DAILY REPORTS,AS- 9UILTS 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 formal approved by the Project Manager. The daily log shall document all activities of Contractor at the Project sae including, but not limited to the following'. 8.1 .1 Weather conditions showing the high and low temperatures during work hours, the amount of precipilallon received on the Project site, and any other weather conditions which adversely affect the Work; 8.12 Soil conditions which adversely affect the WO*, 8.1 .3 The hours of operation by Contractors and Sub - Contractors personnel; 8.1 4 The number of Contractor's and Sub - Contractors personnel present and working at the Project site by subcontract and trade; 8.15 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); BAS Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.B Materials received so the Project site; BAS A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 82 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 Packet Page -110)- 6r IT 10/25/2011 Item 16.A.1. 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. 113 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. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records end documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours . S. 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 material -men, as well as coordinating its Work with all work of others at the Project Ste, 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 Owners suppliers and contractors as set forth in Paragraph 12.2. herein. 92 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, ads of government, fires, floods, epidemic, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such tlelay, 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 Mich 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. Contractors 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 one completion. Packet Page 1148- i1 10/25/2011 Item 16.A.1. 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. 101 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, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed 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 fad 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 conceming 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 Omer 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 Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owners adjustment determination Contractor must make a claim pursuant to Section 11 of these General Conditions or else that deemed to have waived any claim on this matter d 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 Contractors 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 (100A) 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. Contractor's and Sub - Contractors bond costs associated with any change order Packet Page 1149- IT 10/25/2011 Item 16,A.1. shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the night to conduct an audit of Contractors books and records to verily, the accuracy of the Contractors claim with respect b Contractor's costs associated with any Change Omer 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 effected by Field Omer 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 Purchasing Policy and Administrative Procedures in affect at Me time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim' also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the pant making the Claim. 11.2 Claims by the Contractor shall he 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 pnced 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 Owners 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 forycight (48) hours of being notified of the other work. If Packet page 1150 17 1025/2011 Item 16.A.1. the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any tights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12 2 Contactor shall afford each utility owner and other contractor who is a parry to such a direct contrail for Owner, ff 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 propedy 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 property 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 after 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 Contactors 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 winking 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 Contractors Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of 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 parry for the matter indemnified hereunder is fully and finally bared 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 Exhibit B to Packet Page -1151- IT 10/25/2011 Item 16.A.1. the Agreement, Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set form under Exhibit B. 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, fire Trench Beefy 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 1988 as located at 8 US. C. 1324, at sert 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. 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 (ITS) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / 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 vendors /bidders Packet Page 1152 11 10125/2011 Item 16.A.1. proposal. Acceptable evidence consists of a copy of the properly completed E -Verily Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E -Verify Program. The affidavit Is attached to the solicitation documents. If the BudderNenclor dipais not comply with providing both the table E -Ver'N evidence d the tetl affidavit the bidders / vertices inxii may be deemed non- resoonsbe. Additionally, vendors shall require all subcontracted vendors to use the E -Verify system for all purchases not covered under the "Excepfions to the program' clause above. For additional Information regarding the Employment Eligibility Verification System (E- Verify) program visit the following Nitrate: hao' // cr vB- Verifv. It shall be the vendors responsibility to familiarize themselves with all miss and regulations governing this program. Vendor 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 Ad of 1986 as located at 8 U S C. 1324, at sea and regulations relating thereto, as either may be amended and with the provisions contained within this affdavil. Failure by the awarded firri 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. 152 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 Comments to be removed or altered, shall be protected by Contractor from damage dudng the prosecution of the Work. Subjed 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 Contractors 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 Packet Page -1153- IT 10/25/2011 Item 16.A. 1. 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(sl. 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 pernrts. IT2 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 performs 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 specifed 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 benefA 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 prevision of the Contract Documents. 182 Owner shall notify Contractor in writing of Contractors platitude). If Owner determines that Contractor has not remedied and cured the defaull(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, whhout releasing or waiving its rights and remedies against the Contractors 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 Contractors 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 printed 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 Packet Page -1154 IT 10/25/2011 Item 16.A.1. 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 collector,, 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 shall be paid to the Contactor. 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. 104 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 Contractors 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, that me termination will be deemed a termination for convenience and Contractors remedies against Owner shall be the same as and Iinni to those attended 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 fulfil some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cum 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 Contactor 'a intention to stop performance under the Agreement. If the Worn 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 Contactors intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractors written notice, Contactor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work pardoned 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 Packet Page 1155- IT 10/2512011 Item 16.A.1. for convenience, Contractors 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 profh on patens of the Work not performed. 19.2 Owner shall have the night 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. 20. COMPLETION 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after containing with the Design Professional, considers the Work (or designated potion) substantially complete, Project Manager shall prepare and deliver to Contractor a Candidate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or connected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project are (or designated portion theraop after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2 Upon receipt of written certRcation by Contractor that the Work is completed in accordance with the Contract Documents and Is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, If they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractors certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (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. Packet Page -1156- IT 10/2512011 Item 16.A.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. Owner reserves the right to inspect the Work and make an independent determination as to the Works acceptability, even though the Design Professional may have issued its recommendations. Unless and until Me Owner is completely satisfied, neither Me final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, eq uipment 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 dialects 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 condifioned 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 when 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 Contractors 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 station 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 fimes to the Work, whether the We* 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. Packet Page 1157- IT 10/25/2011 Item 16.A.1. 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 famish 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 Contractors expense unless Contractor has given Project Manager timely notice of Contractors Intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractors 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. 226 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractors obligations to perform the Work in accordance with fine Contract Documents. "F If 4aXNIP /iSW9:m 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be doomed defective Work. If required by Protest Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or it 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. r. 23 2 If fine Project Manager considers d 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 Managers request, Packet Page -1158- 17 10125/2011 Item 16.A.1. 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 Contact 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 Contactor 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 b 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 fight of Project Manager to slop the Work shall bs exerased, if at all solely for Owners bereft and nothing herein shall be constmed as obligating the Project Manager to exercise this right for the bereft of Design Engineer, Contractor, or any other person. 23A 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 Owners evaluation of and determination to accept detective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for is 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 detective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance wit the Contact 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 to 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 Contractors 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 to 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 Packet Page -1159- IT 10/25/2011 Item 16.A.1. 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 We*. 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 dunng its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replacetl without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractors representative at the Project site and shall have authonry 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 N 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. 242 Contractor shall have a competent superintendent on the project at all times whenever contractors 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 Contractors monthly pay estimate, sufficient moneys to account for the Owners loss of adequate project supervision, not as a penally, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors , Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. Packet Page -1160 11 10/25/2011 Item 16.A.1. 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 d. 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 Professionals benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish Me 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 night it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas Identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; Packet Page -1161- IT 10125/2011 Item 16.A.1. 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 Ions. Contractor shall area 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 Coordinaeon and Are 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. Connector shall designate a responsible representative located on a full time basis at the Project site whose duty shall be fire prevention of accidents. This person shall be Contractors 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 wham 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 identi cal on badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; -- 28.5.3 Contractor shall sell limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owners property without Owners expressed prior written consent; Packet Page -1162- Il 10/25/2011 Item 16.A.1. 28.54 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strong, prohibited from using any of Owners telephones or other office equipment, 28 5.5 All Employees shall at all times comply with the OSHA regulafions with respect to tlress and conduct at the Project site Further, all Employees shall comply with the dress, Conduct and facility regulations issued by Owners officials onsite, as said regulations may be changed from time to time; 20.5.6 All Employees shall enter and leave Owner's facilities only through Me 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 Owners property. Francs, family members or other visitors of the Employees are not Pennided on Owners property; and 28.5.9 At all times, Contractor shall adhere to Owners 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 stand 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, Me 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 contrails awarded In excess of $25,000. To this end, vendors will be evaluated on their performance upon completionhermination 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 Packet Page 1163- 17 10/252011 Item 16.A.1. Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations 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 (239) 252 -8461. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other relaletl 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 of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Worn 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 l-.. 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 fire 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 cannery, 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 ether 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 Direq 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 Contact rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. Packet Page -1169- 11 10/25/2011 Item 16.A.1. 32.3 Bidder represents and warrants Ihat it is aware of its statutory responsibilities for sale tax under Chapter 212, Flonda 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 consumption activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition he 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 sevembiliry, 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 Request for Proposal, with all affected Subcontractors and shall review the cost of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owners 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 87-25, 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 identzed in Contractor's bid that were approved by Owner, Contractor also shall dentry 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 selUperformed 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 curent and accurate throughout the entire performance of the Work. 33A Contractor shall not enter into a subcontract or purchase order with any Subcontractor, R 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 potion of the Work, as well as maintain a log of all such licenses. All subcontract and purchase orders between Contractor and it Subcontractors shall be In writing and are subject to Owner's approval. Further, unless expressly waived in venting by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Packet Page -1165- 11 10/25/2011 Item 16.A.1. ^ 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 Sm must agree to provide field (on -sm) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (Including field superintendent, foreman and schedulers at all levels) must have been employed In a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience ^ for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 333.1 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. 33SA 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 Packet Page 1166- r 10/25/2011 Item 16.A.1. 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 34.12 Subcontractor Licenses 341 .3 Shop Drawing Submittal/Approval Logs 34 .1.4 Equipment PUmhase/Dehi Logs 34.1 .5 Contract Drawings and Specifications with Addenda tol Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1 .8 Labor Costs 341 .9 Material Costs 34 .1.10 Equipment Costs 34.1.11 Cost Proposal Request 34 1.12 Payment Request Records 34 1.13 Meeting Minutes 34.1.14 Cost- Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1 17 Insurance Certificates and Bonds 341 is Contract Changes 34.1.19 Permits 341.20 Material Purchase Delivery Logs 34.111 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 Repots 34.1 26 Monthly Progress Repots 34.1.27 Correspondence Files 34.115 Transmittal Records 34 1,29 Inspection Repots 34.1.30 Punch Lists 34.131 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 Packet Page -1167 - 0IIIIIII 11 10/25/2011 Item 16.A.1. 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 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 IimRetl to, the fallowing information: Onginal contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. If required, Vendor I Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department 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. 36. VENUE. r—� Any suit or action brought by either parry 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 definetl 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 52 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. An underground 62 -761, Florida Administrative Code (F.A.C.) or aboveground 62 -762, F.A.C. regulated tank requires notification to the 'County prior to installation or closure of the tank. The Pollution Control Department (239- 252- 2502), via contract GC 690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the county' local program thirty (30) days prior to installation and again forty -eight (48) hours prior to commencement of the installation. Closure activRles require a ten (10) day notification and then a forty¢ight(48) hour Packet Page 1169 n 10/25/2011 Item 16.A.1. notification prior to commencement. The notifcation is to allow for scheduling of the inspections pertaining to the installation /dosure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor/project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62 -761, F.A.C. and 62 -762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 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 Ad, 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 Owners projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any ^ such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT 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 CONSULTANT with full decision- making authority and by OWNER'S staff person 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 Sadion 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. Packet Page 1169- 10/25/2011 Item 16.A.1. EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 1. The County may, at its discretion, use VIEAMIASTER card credit neMrork as a payment vehicle for goods and /or services purchased as a part of this contract. 7PuIa xan 11 Packet Page 1170 10/2512011 Item 16.A.1. EXHIBIT J: TECHNICAL SPECIFICATIONS Supporting documents found at: http: / /bid.colliergov.net/bid/ Tvanssaeaan Packet Page 1171- n EXHIBIT K: PERMITS 10125/2011 Item 16.A.1. Supporting documents found at: http: / /bid.colliergov.nettbidi maxi 9536.11 Packet Page -11]2- PERMIT TO P &FORM'WORK ANDIOR ANI' 0/25/2011 Item 16.A.1. IN PUBGCRIGHT -OF -WAY. GROWRI MN1K3e XWASION I ROW PEWIlmNO. WSPECT 2 NORTH HORSESNOe DRNE, , NAPLES - FLMDA%1O3 ROWSerllon TeNphone Q52-571 insveoon Tswph #e eumov Pennt 24-2017 Wpedla! TeNphons*' 9uJClg PetmR &3.8]5] A COPY OF THIS PERMR MUST BE ON THE JOBSFTE AT ALL TIMES. FAILURE TO COMPLY MAY CAUSE JOB SHUT DOWN. o^—u Department TmnsporMtlon Operaborla w9m-04Way PwnlrLNnn??r11- 0291 -E Date %suetl: gaz5 11 SDPIAR Number: FSP Number.... Sung Po rnil Number Pmjed Name: RADIO RD MSTU.REFURSSHMENT Project Acidness: DE SHIRE SI - R O RD TO SANTA BARBARA Subdvuion: Lot skxk Unt Tra[ Sen4oh: Twnvehp::. Range:, Fdo No Liefell. INSTALLATION OFI'.ANDSCAPE S IRRIGATON - Thewak l no n t aibetl eM m u ro be oanmancetl on a abom 9 // And oanplbetl no- Mermen -�Expiratlon dale For wak Awulbetl: t�1a11 Pmpsry Ova Name: C.C. ATM. Carroadoh Nano: C.C.ATM -. PmpmyD Ys MMese 2885 S. HORSESHOE DR suslnm Mdinown �26M S: HORSESHOE OR City. NAPLES Somt FL ZIP: 34104 Cily. 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II Jill ntl i1 !1 I p ll'p hllr! 2II, I il!1 &l� �I rlli P I I vl4!IL•' " It [I it y11 illi f't 11y11!e !4Il ly "iill +'!el gill Al l:u 8:1��7'N'AW 8N88S :i rl 'i II l ii; II j ql it ii ii( al;! II 1 11 r 1I (lll It It lii iil 111l!fl i11I ill iN Egli;11 1; i I � 11 It to 11111111111 i; ti 11 lit hftl lit lk tj!,li c ir�ll Ili L 111111 Ill 1l II is g l r lllllli lui 1111 HIl III!1 a• 1 .i v ii nr t ;l •e�'B:I Ii 8:1'flaa �A:19^ ii A:IQ!i li :1; �'I ii`il! Ili lhi lit it ll. 6riilli 1'i it 1i 1� !� ! �!! iii Ili it Ill �iiill i'f: Iii 111! t 11r !1'1 i Iii t jl i)si {ulii Ii� y! s 1 it 1 I Ili' till ill ;it ilnl Iitjlllljd hill l l �IV1i I(I ilt11 1:1 1 rr ill ill Ill Jill Ill �I ill] '��1lilit 111111II IF: it l!I ilill rl I lillI lit ill I Packet Page 1189- 10/25/2011 Item 16.A.1. 16604 O.S. 19 N Clearwater, FL 33764 Tel: 727- 447 -2186 Fax: 727447 -1185 August 26 2011 To whom it may content Ammar Pride, Inc. has beau m the hodwfaing industry in Florida for over 20 years. Aker being inmrporeted in 2004, we have grown to a company with amual revenue of over S19,000,000. landampe installation accounts for $4,000,000 ofmat atmual revenue, with our speeallzation in irrigation, peat connnl, and time services monitoring for the remainder. We have the rzleam" to acquire up to 52,000,00(1 bonds for a single job and have become leaders in the land and landscape planning field. With the recent acquisition of PLM we have strengthened our focus on quahry landscape inxallation. Mr. Palmer, who is new a full -time employee of actual Pride, Inc., brings ricer 16 years of expmence to our private and public secret landscape i i allmon work. We amunly hold two becomes in Collor County and have performed public work for several prominent once and counties mouml Florida. Please see our recent conmacts batmched) that fuMr validate our m51iry, to perform the rucasomy work for the Devonshire Rnulevard Landscape & Irrigation Refurbishment Project. lfyou have any further constants phase do not hesitate to contact our main office. A trims dh S don, President Packet page -1190. 10125/2011 Item 16.A.l. Packet Page 1191 \ \ \ \� ƒ, M Packet Page 1191 10/25/2011 Item 16.A.1. It if Uevmanne brN�4n Seem Yn1n ^^iwV Immlgnllon law Afgdnvs CaMfioaten RFP 11 -6/gg- gnvolubka BeuWaM LaMawpe& lnlgfulm Bafurb hl nt Prolant Th la ARgavit h mquima and should be signed, command by an auWmzd pmdpal dlhe farm and submitted won formal Immature to Bid hTB's) and Request for Proposals (RFP) euben al rubber, Vendor/ Beldam arc meamand to enroll In the E -Veafy projlam, and prowds a¢eMeLJe veterans of Heir enrollment atMe time of this submission M IM vandefsNil]aM1 Pmpared Acceptable amen corpses of a copy of tthe PeoPeay channel E -Veafy Company PmfiH page era copy airthe rutty execNea E- vaMyfMmoevqum ofuMetstanaltg ror hre company. Pallumm Include they Affidsv ft and wWHjdWb11 widencardammilimasyst In MeEVa V ndurl Bidders woboeat es non+ Sc Ml . colder Canonry will not intentionally award County contract to any vinter who koowinaly amounts unautronua mien warrant consblull a Ndatnn of 0e employment prevision confaned In B 0.S. C. Section 1324 ate) She im 2]4lye) of Ns Immigration and Nationality Act I'll. Cdliar Cwoty may consider me employment by my vender of unarthomed alien B violmon d Senior 274A (e) of the iNA Such Violation by the raYgentof Na Employment Pmlelms prepared In Section 274A (a) Mthe INA shall for grounds for submit bermllueon of Am conned by Call County . Vendor assets Pa they are City complaint with all appllcebb Immign6on ones (spetlficaly to Me I9361mmgnmon Pd and subsequent Arrenimenl(s)) and "real comply with the pmvkens of the Memorandum of Understanding ells E -Verity and to provhde polar of enrollment in The Employment EIl lly Vaificaticn Symm he Venty), opaaed by Im NotarMent of Homeland Security In paNhershlp cosh the Social Sxurry AaminiaVatlm at the fiche or aubmieann of the Vendors I Bidders tompal^� � Company Name Aw imf_l RAM kUC Prim Name 1xi-.I at t yvt DrrvirriEtr trgJaIk The fr., �w "sY�t'"A6AAAW— Bieneture / Try Dole_ Ceuntyef aa�.a / /as 2git. by gii�gM Md f all The foregoing luW4 dgo day oin k e /r artyPa name) who has Thrumi part jL (typeref idemlfiration and numbepasldentenalon. Printed supper, Public Signal ef filar li Wely - Name W hall Pudic 4-4 W01:57 vi Je�S Noery Cwmmission NumberlE yNoery Camnibaion NumbrnExp rat Tw sonar of thus Atblartl guamnheq as evidenwd by the swan of dauil mutual human, the bulh and accuracy or this affidavit to inermgatmes hemorepter made. Packet Page 1192- -- pmployerw . 10/2512011 Item 16.A.1. S. EMPloymsnr WiglbllMy VNIRCOon ` ` MUM - _...:. SMmrn"':.? 'rA .u..Kn4a Company lnfprmapPn PEEMIN s w JOa� 'eee:e DURS".1w 1171161" ercraim rwunm alnynaau: ter ar r cry :®• .. . epgra.nxm.:unx:.ne`: omxv �Emftu� 11 SEEM ue menmp.... xmer mmo.:sa :.� .....,� awe An �nadon. wmow.. HMOs CM. 238 SPECIAW TRADE COWTUNCTORS w -. - aeL>•zc emm�ar_"e�•.Fau �sr ..:.�a+-:r�::�e�sare;.�:. hops: / /e- verify. vscisgovlemp /EmployerWimrd.aspx 71192011 Packet Page 1193- 10/25/2011 Item 16.A.1. -vwft c1, ^ Commonly lO Number. d;%7f Is THE E- VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLEI PURPOSEANDAUTHORRY This Memorandum of Undarstandi ng (MOU) sew Iorth the prink of agreement belwaen the Department MHamNaM Security (OHS) and _(Employer) legislating Ma Employers paNdpetlon In the Employm Elig011tty Ventilation Pngrem (E -Ver'l This MOU explains certain features d Me E -Verify Program and enumemles specific responsiMNin of DHS, the Soclei Security Administration (SSA), and Mt Employer E- Verily is a program Nat earmcdcally confirms an employee's eligibility to work In Me UnXed SMtes after complmon of the Employment Eligibility VenfiwEon Form (Farm I -9). For covered government passe rs. E -Verify Is used to wady the empoymenl eligibility, of all newt' hired employees and all ewstirg ampreyees assigned to Federal contracts or to Overly Me antua workforce I Me contrador so chooses. AuMol for the E -Veriy program Is found In Title IV, SuMnb A, of the Illegal Immigration Reform and Immigrant Re sponsiNllty Ad of 19%(IIRIRA), Pub. L. la0.205, 110 Brat 3009, as amended (8 U.S C. § 132" rote). Authority for use of the E -VeMr program by Federal contledors and suGantadas covered by the terms d Subpad 1218, 'Employment EIigMIlny, Verification', of Me Federal Acquisition Regua lon (FAR) deleinafter ravened to in this MW as a 'Federal contactor with the FAR E -Very clausal to very Me employment dgitility of codain employees working on Federal contracts is also found In Subpad 22.18 and in Esevtive Order 1209, as amentletl. ARTICLE ll FUNCTIONS TO BE PERFORMED A RESPONSIBILITIES OF SBA P. SSA agrees to provide Me Employer WM aveilable automation ME allows the Employerto confirm Me accurery of Social SecuMy, Number: provided by a0 emp'oyead verified under this MOU and Me employment euthonza ron of US. dOZens. 2: SSA agrees to provide to Me Employer appropriate easistance wish operational problems that may anise during Me Employers participation In the E -Verity program. SSA agrees to provide the Employer w1M names btlm, addresses, and telephone numbers of SSA representations M hB contacted during the E -Vauy process. 3. SSA agrees to sa.(eguard Me information provided by the Employer through the E- Veriy program procedures, aM to limit access ro such information, as is appropriate by law, to Individuals responsible for Me wenfiration d Social Secuny Numbers and Mr evaluation of be E -Verity, program or such other persons or states who may be authorized by SSA as governed by Me Pmacy Ad (s U,S C. § 551a), the Serial Security Ad (a2 U.S.C. t308(a)), and SSA regumbons (20 CFR Pan 401). Pay, 1 mnmewwAaau rvtmawln...ePo.. mw.w wmwatm.9ovre -vmlty Packet Page -1190- — 10/25/2011 Item 16 A.1 Verify comp." iONumbar 39$'1n Ul 4. SSA agrees W provide a meet¢ of guardail venflar ion Nat is designed (in didundon with DHS's automated system B nemsaary) W provide corrfirmaton or tedatve mnmrulumaton a US, classes' employment eligibility within 3 Federal Government work clays of lore Initial inquiry. 5. SSA agrees to provda a means of Secondary wrlantlon including ea abrg SSA records as may be necessary) for employees who consist SSA tentative rcsonfltmalions .tat is assigned to povde feel confirmation or nonconfitme0on of U.S. cldders! employment eigigiity, and accuracy of BSA rents for MN cid ens antl ndnckzerrs withn 10 Federal Government work days ot Nit data of refertal M SSA. unless BSA delemenee Net more than 10 clays mry be dismal In sued roes, SSA yet prode addhoonel vetiarolion incWctions B. REBpON51BII-MES OF OHS 1. Abe BSA ve kdS the eaureW of SSA remade far employees through E- Verify, OHS agrees W prods Me Employer ecross to xleded data from OHS 'a database W xwble the Employer coMuct, to Me Went authporzed by Md MOU'. • Automated vedfimtion checks on employees by Seclmnc means, and • Photo verification cMrha (when available) on employees. 1 OHS agrees M provide M the Employer appropriate assistance with operational problems that may an" during the Employers panclFaaon in the E -Vafdy program. OHS agrees M provide the Employer names, filler, addresses, and telephone numbers 1, n OHS represenNt'rms to be mntagM during the E -Vedfy Proceed. 3. DHS agrees to make aysitada to Me Employer at the E -Verify Web seta and on Nit E. Verify Web terseness. instructional materials on E -Verify policies, procedures and requirements for bMM1 BSA and DHS, deciding restrictions on the use of E- Verify. DHS agrees to provide Mining materials on E- Verify. 4 OHS agrees W provide W the Employer a news, which indicates the Employers partdpagOn in the E -Venty program. OHS also agrees to provide to th Employer aM4 disMminaXOn notices leered by the Office of Spacial Counsel for Immigration- Related Unalr Employment Reactors (OSC). Civil Rgnts DNiamn. U.S. Department of Jusfice. 5. OHS apass to lame the Emproyar a under identification number and pesssrprd that permib the Employer to verify, In ormatim providad by amgoyeea with DHS's database. 6, OHS agrees M safeguard the information provded to DHS by the Employaq ark to limit acmes to sudr Infortnaton W indiwMads responsible for the verification of employees employment similarity and for evaludion of the E -Verify program, or to such oN% persona or Makes as may W authorized by applicable law. Infomiaton ask bit used only W verily Nit accuracy W Swial Security Numbers and employment eligibift to mrforce the Immigration and Nationality Ad (INA) and Federal criminal Isere, ark to administer Federal contracting requirements. Pate2dU V.mrncu atcr col w.i.andre mau» www.MSSGvfE -Vsmfy Packet Page 1195 -- 10/25/2011 Item 16.A.1. 19-Veri Compary IS Number. ?M(91(a T. OHS agrees to provide a msaro of automated vrlfiolion Mat is assigned (In co sOnfilion arm SSA em dedication Pmcetlyres) to provide continuation Or teMa ployem' empoyment ellSbiley wMUin 3 Federal Govemmenl work days of me initial inquiry . S. OHS agrees 0 provide a means of secondary vedficabon including urdegnp OHS records as may be necessary) for empoyees who ranted OHS tentative manconfinquagns and photo nor+r aml tents ds nonconfirmations Mat Of designed M Pmv1a final Ca0madon or raNlcon6rmefi0n of Me employees employment elgibiley Whin 10 Feei Government work days W the date of referral to OHS, unless OHS deternmes Mat moo Man 10 days may be necessary . In such d ses, OHS will provide additional verification instruction C. RESPONSIBILITIES OF THE EMPLOY" 1. TM1e Ermamp r agrees to display Me notices supplied by OHS In a Prominent place Mat is aeady visible to prospective employee; and all empby;es who are to be dom ed through me sy;iem. 2 The Employer agrees he pmvia to de SSA and OHS the maned tides, addrasaes, and telephone numbers d the Employer reprearafives M be contaded regarding 2- Verify 3. The Employer agrees b become familiar with and comply with the most recent wanton of the E -Verfy Deer Manual. 4, The Employer agrees Mat any Employer Representable who will pearm employment vedficabon queries will complete mr, E- Verify Tul l before Mat mdmdual inures any quaries. A. The Employer agrees Mat all Employer representedvm will take the refresM1er Modals initialed by the E- Verify program as a condition M continued use d E- Verfy. Bra. FziWre to complete a refresher bMrial WII prevent Me Employr from ntinuetl use of the program. 5. The Employer agrees W comply with WneM Form -9 procadaee, with two axcep ion . If an employee preama a'Let B" identity document 1M Employer a9reaa to only accept "LM B" documents Mal contain a profs, (list 8 dgCMlanta ideafieG In 8 C.F.R. § 074a.2(b)(1)(B)) can be Presented dI de Form 1 -9 process to establish idendy) If an employee Onodds W the Photo requirement for religious reasons, the Employer should coMacl E -Verify at 668464,1216. If an a ill oym prese m; a OHS Form 1,551 (Penriment Rmltlent Card) or Farm 1 -766 (Employment Aothprtrstion 00cumarm to complete the Form big, the Employer agrees t0 make a Photaropy of the document and W retain the Photocopy with the empbyee's Form 1 -8. The photocopy mud be of suFkeent quality to allow forvadhralbn telling photo and wean inbrmaan. The employx wall use the pllotocryy to veal? Me photo and to amid D'S with as review M Pye ad In l EVmryNW br5r4p® IPeNaun ow Wptme wwwdha.0ovlE�VUdy — Packet 10/25/2011 Item 16.A.1 ir�f Verify Compnry ID Number `{�t�'io l/O photo mn- malcMS Nat are command! by employees. Note Nat employees retain tiro dam present any Lis[ A. m Liat B and Ust C, documentation to complete Me Fmm 1 -9. DNS may in Me fuNre dnignam Omer comments Mat activate Me photo screening tool. fl. The Employe undeNands that pa memon in E -Verify ticee not mal the Employer from me responsibility to mmq &e, retain, and make available Mr itupedon Forms 1 -9 Mal relate to its employees . m from other requirements of applicable reguletlons m Iowa, inducing the obligation to comply with the antidiscrimination requirements of ever 274B of Me INA won respect to Form 1 -9 uncommon, except fm Ne bllowtng nodded requirements applicable by rezwn of me Empbyees partkipation in E- Verify: (t) kanNy occurrence must have photos, as Macdbed In telegraph 5 above; (2) a mouldable presumption is established Met the Employer has not violated section 274A(a)(1)(A) of too Immigration and Nationality W (INA) WO roped to this hiring of any'ndNldual if it comes confirmation of Me identify and employment eligibility of the individual in good faith complianra with the fors and condi(bns d E-Venfy; (3) the Employer must notily DNS K it continues to employ any employee after mouni a final noncomRommon, and a subject to a civil money Penalty between $55D and STIM for each f ilure to notRy DHS of wrainuW employment followiry a final nonwnfirmallon; (4) Me Employe is subject to a mouldable presumption Mal K has kmwirgly employed an unautbcrtr [I alien in violation of portion 2]4A(m(1)(A) K fire Employer construes to employ an employee after reviving a final nonwnfimmtlpn; and (5) no person or emit/ imrYapmrs; In E -Venfy is civily or cruni ally liable under any law for any action taken In good hi based on information provided MmugM1 Me confrrmabm cyan. DHS reserves Me night to conduct Form 1 -9 and E -Verify system wmplianv inspections during Na course of E- Verfy, as wall as to conduct any WM1er eMOrvment activity mumKeb by Ica. agrees to initiate E -VeMy variation procedures for new unracri r business days after shot employee has been hired (bit after the i completed), and to complete as many (but only as marry) leaps of the is am scary accmding to the E- Verify User Manual, or in tro case itlma with Me FAR E -Verity clause, the E -Vaidy User Manual for ms. Tim Employer is prohibited from ingest verification procedures vee has been hired and the Form 1 -9 completed K Me autwnated make inquires during Me period of unevailabllity. Employers may mate varmtei by mNKng the Form 1.9 in circumstances where Me employee has applied for a Soda) Sabi Number (SSN) from the SSA and is waiting to receive Me SSN, provider that Me Employer parterre an E- Verify employment vertical query using Me employee's SSN as soon as Me SSN becomes availeMe. S. The Employer agrees not to use E -Vermy procedures for p mankomerd weaning Of - job applicants, In support of any unlawful employment pectice, m for any oMer use not mis orized by tres MOU. Employers must use E -Verily far all crow employees, unless an Employer is a Federal contractor that qualas fm Me extol macribed in Article 11 D te. Except as provided in ANCIB 11 D, the Employer will root verify selectively and will mt verify employees hired before the effective date of thk MOU. The Employer nndersGMs that if the Employer uses the E -Vmfy system for any purpose other Man as Pak 4 d 13i Ei MOU rim mews, l aev.mn DvI6 aanws wwwdhagwlE -vuNy Packet Page -119)- 10/15/2011 Item 15A.1. NA, =-Verifk. �-.. cempanylouember z4btatl4 summoned by this si the Employer may be subject M appropriate legal action and satchellm Of ib euzss to SSA all OHS InPom auson pursuant totWa MOU. g. The Employer agrees to (vile eppmpdate gocedures (see Article III, asks mgandirg kernel mmnconfirmadons, Including bellying employees M prlveM of Me filling and providthg Mem emblem notice of the findings, breveting some" refmal instructions to amployces, aseveme employees M bead Me fireft and ON taking adverse action against employees if May choose fo contest the finding. FlMher, when employees content a tentative mmnco mina tbn based upon a photo non - match, the Employer is remsired to take elfirmalNe slaps (We Article III B. below) to contact DNS with spermation necessary In resolve the challxge. 10. The Employer agree$ net to lake any adverse ac ion against an empl0yae based upon Me employees pendeved employmad eligibility sla(us white Si or OHS a processing Me vandcalion request Onkas the Employer obei knoMedge (as defined in 8 C,F.R. g 2]4e .1(p) Mat Ms emplpyee is not emrk authorized The Employer understands MM an initial inability OF Me SSA or OHS automated verifcation system to WHY wok authOmdmO , a tenable wrmprdmnation, a case in continuance grMlwtirg the need for etld ncnal time fa Me govemmaM M resolve a case), or the finding of a photo nwvnaMry, does not establish, and should net be Interpreted as evidence, that Me employee is not work authorize]. In any a the cases liand above, the employee most be proWtlrl a NII all (air apWnurdy M wrMsl Me finding. and 1 be or rte does sp the smpbyee may not be terminated or based upon Me employee 'a retained ned i reducing, a esbandig work hours, i employee to WON in poorer wMNOns, co trad or other assignment, a- Mi Mat he Or she is madhorizod to wpk) u OHS has been completed and a final rro does not 0141 to content a rentallve, secondary verification is completed an Employer can find Me embi b not 11. The Em aabi 2)41 Ndlvibual in national orig the INA, tea illegal mac4r pad D halo Roue must I adverse employment consequences cot eligibility status (including denying, or preventing training, requiring an do assign Use employee M a Federal cling an employee to any assumption Ness secondary veMcation by SSA or Rion has been issuetl. If Me employee rmebpm or a photo non -math or IF a monconfirmadown is issued Men Me orizud and terminate Me employee's e about a final nonconformance may 55b155 or 1- 81)(1-237-2515 (1 area to comply with The VII OF Me Civil Rights Act M 1684 and INA, as applicable, by not disvimi ring, or siMent or retained pra e Case a a w pmokcted Individual as d is w her dtnenship status. TM1e Err clubs se'eckva vermcation or use of barging or refuffing he hire employ ne mewed tamfive roncentou NOlation of the other immigra0on-i fee of the INA wultl subject he En senctiom. and vldationsof rifle vn Of the INA or Tina VII may also lead to the Iermln7•tion of the Employer has any questions relating to me and- isn corm OSC at 1E00.255E155 m 1A 23] -2515 (TOD)_ Pepe s brat FvuryuW rwrivi l Fannon It"ai Packet Page 1198- ear or further sc ces .back ww.Ehs.6ovlE -VMfy - Veri■y 10/25/2011 Item 16.A.,. cemwmt0 xamb.n zA4ga t(a ^ 12. The Employer agrees to record the rasa veriecaoon number on tice employee's Form 1 -9 or to pried the screen co beaning fire mee veifica Lion number and attach it to Me employee's Fonts 1 -9. 13. The Empimer apree3 that it will use the infarmatbn h receives from SSA or OHS IwrsuaM to E- Verily and this MOU only to cMflml the employment eligibility of employees as authodtell by Mis MOLL The Employer Agrees Mat it will safeguard this intormatipn, and means of move to it (sun as PINS and paewassa s(10 ensure that It is not used hr any other purpose ant At noes ary to proact its confidentially, including sung that it Is not dicamminewl to any person other Man employees MMe Employer who are auMome t A perform the Employers responsibilities under this MOU, except bar such disaemincelon as may be authomad in advance by SSA ar DHS for lWifimake purposes. 14. The Employe aclmnMeAges that the informal which it reamers from SSA is govenred by the Pnvacy Ad (5 U SL. 9 W2a(It(1) and (3)) and Me Social Security Ad (42 LIS.C. 1396(a)), and that any person who others thle Information under false prelLnees or uses 9 for and Purpose Whet Man as provided for In this MOU may be, subject to channel penalties. 15. The Employer became to conferees with OHS and SSA in their compliance mecharing and milumon of E- Verly, including by peemrMrg DHS antl SSA, upon reasonable notice, to rensw Forms 1 -9 and carer arnmoymend records and b interview it and Its employees regarding the Empmei use M E-Venfy, and to respond In a hardly and accurate manner to DHS requests for information relating to shah paNicpaton in E- ^ Vsnfy. D. RESPONSUMLmES OF FEDERAL CONTRACTORS WITH THE FAR E- VERIFY CLAUSE 1. The Employer understands Mat 04 Is a subject io Me employment verification terms in Subpart 22.18 of the FAR, It must verlry Me employment eligibility of any wasting employee assigned to Me contact and all new hires, Me discussed in Me Supplemental Guide for Federal Contractors. Once an employee has over vented though E -Verify by the Employer, the Employer may not noerify Me employee through E- Verify. a. Federal contractors your Me FAR E- Verify clause agree to become familiar with antl commsy who the most recent versions of Me E -Va fy Usher Manual for Federal Commodore and time E -Verity Supplemental Gods free Federal Contractors . A . Frailest contractors whir the FAR E- Verify cause agree to wmplem a nMrial for Federal common wit the FAR E- Verify cause. u Federal contractors with Me FAR E -Vehty clause not enrolled at tl1a time of construct mad: An Employer Mae is not enrolled in E -VeMy M the time of a wrNeft ward must moll as a Federal contreMr with the FAR E -Verify clause M E- Verify within W wlerader days of robed award and. within SO days of enrollment, begin to Uses E- Venfy to Initkle veidraEon of employment eligibility of new hires of the Employer who am workers; in Me UnMed Stakes, whether or not assigned In Me coM2ct Once Me Employer begins vedfyirg new hires, such verification of Maw hires must be inNated aye sate l eV"JKUtrE eawrI a.uevnoereovcuw wwwAMAOVl6Verlfy Packet Page 1199- 10/25/2011 Item 16.A.1, - Verify Mi ^ Company la Number: - 1Vy3f,06 within 3 business days after Me Mad of him. Once anmled in E- Vatify as a Federal Wntraclor with the FAR E -Very cause, me Employer must initae verification a pmyeas assigned to the contract wil 00 m ilvet r days from Me time of enrolment In the system and alter Me dam and selecting which employees will be verified in E- V9nty or within 30 days of an employee's sur gnment to Me contract whichever date is later. J . Employers Mat are aready e=IW in E -Very et the time a a conmad award but are net ea mlled in the system as a Federal contraclor wiN Me FAR E -Verify clause: Employers ervolb]'m E -Venfy for 90 days w mom at the time of a Concept award must as E -Verify to ranges verlficaYOn of employment eligibility for how hires aMe Employer wlo are we N In the Urged Stares, whether pr tot asaigned m Me mr much whin 3 bustress days after Me data of M1ire. Employee enrolled! In E -1mity as other Man a Federal connector with the FAR E -Vei clause, mi updae E- Verily to indicate Mat they are a Federal cmMaq¢r with the FAR E -Very clause will 3o days after asetgnment M the mntreo. If Me Employer Is enmlletl in E- Verify, for W calendar drys or less at Me Ihne of contract swam, me Employer mrM, 11n N days Of enrollment, bight t0 use E -Verity, b initiate eanfiwtion a new hires of Iha ewHraclw who are working In Vet United Slates, whether or net assigned to Me contract Smith vanfiution of new hares must be initiaed whin 3 counters days after the dale of hire. An Employe enrolled as a Fedeml conmactor with Me FAR E- Verify clause In E -VsMy most inmate van ipprom of 98tH employee assigned M the contract within 90 calendar days after date of contract award or within 3o days after assignment to the contract. whichever is later. e. InshNu ms Of hgher education, Slate, local and mibal gevemmems antl sureties: Federal contractors with Me FAR E -Vsi clause that am inatXugons Of higher eductil (as defined at 20 U &C, 1001 mi State or local governments, 9o+ernnwnls of Federally recognized Indian tribes, w sureties performing under a takeove agreement eMCN into with a Fadarel a0enry pursuant to a performance bwW may choose to only verify new and existing employees assigned to the Federal Contact Such Federal mntractm with Me FAR E -Vergy clauses they however, elect to Party all new hoes, arblor all frogng employees hared after Nmvembar 6, 1966. The prousione of AAioe II 0, P Irierems; I and iD a this MOU providing pmehemes for Mahatma employment venfiramon of eanpumi assigned fo a contrast apply b suet i ormumus of higher. edumilim, Male, I01 and Mbal gov ancerm s, and sursmes. Vedficli Of all employees: Upon enrollment Employers; whc are Federal mnmactors with the FAR E-Velfy claims may slot to verify employment eligibltiry of all existing employees wprkiy in Me thusul States who were hired after November 6, 19W Instead of Winning only new employees and those existing employees assgnel M a coveed Faca l Contract After enrollment, Emplm ere mug elect to co m only in the mannerdesignaled by OHS and crashes E -Verify venficaion of all existing employees within 190 days after Me election. g. Form I -9 procures fm adsang employees of Federal mmmuccm corm the FAR E -Very clause: Fadenal mntratlors with Me FAR E- Verify clause may choose to mmplae new Fgms 1-9 for all ex®tng employees offer than those that are completay exempt from gas pool Federal contractors; with Me FAR E -Velfy pause may also updale previously completed Forms 1-9 to Initiate E- Verify vaMcation of existing (Implore e Me SSW not mmp'aely exempt ass long as that Forth 1 -9 is complete 9 W compl'oa wM AmGe II.O.S, me employees work auMOhaemn has raw + mrel[- vamwwou wer,,, l Rewm omoaqum wwwAlwarawlE -VMH Packet Page -1200 - 1 012 512 01 1 Item 16.A.1 Verify comwmlDleumMr. �giNP lie rot expired, and Me Employe has reviewed the managerial reflected in the Form 1 -9 enter in person or in communications with Me employee to ensure Mat the employer e prated basis In section 1 of Me Farm 1 -9 for work auMorbatlon has not charged! including, bid not limited to, a hall Formal resides ea dn having bane ms a normalize] U.S. CMeen). If itn Employer is unable to determira Mat we Farm 1 -9 complies with Article I[L 5. If Me employee's bee's for work auMOr¢ation as attested in auction 1 has expired or changed or M was Farm 1 -9 compass no SSN or is otherwise Incomplete. the Employe shall wmpate a near 1 -9 considem with Adds II. C. S. a update de Pawnees I-9 a pmvae Me necessary Information. If section 1 d Me Form 1 -9 is outeMae wail and up-todae and Me torn dimensions complies wish Article ILC 6. but radial dwvmental (such as a US. passport or Form FSSt) tlat expire] entreatment to completion of the Form 1-9, the Employer shall rot papers the Minimal of etldlYbnal documentation, orusethephotosaeenin9foolde% in ANde IICS,wgectfoaM additional or s mendinding whorm ions was may be pronded on his ubjatl in Me Suppamemat Guide for Federal Contractor. Nall in des sacker sh ll be wrstrueU to record a socone verification using E-Venty d any asagned employee who has pravbmmly been vented as a nearly hired employee under this MOU, or a sunburned varificadon of any existing employee by any Employe that is net a Federal contractor with the FAR E -Vmgy below. 2_ The Employer makertands that If P a a Federal bubmal r wish the FAR E- Verify cause. as compliance with this MOU is a wmarmanw rWuinanent tracer was awns of the Federal contract for subcontract, ant Me Employe consents m Me neaaw or information relating to compliance al Its verificatlon responsibilities under this MOU to conbandng officers or other, officials authorized to review 09 Employers compliance with Federal contracting rauir ini ARTICLE IN REFERRAL OF IND ADUALS TO SSA AND DHS A. REFERRAL TO SSA 1, If the Employer re t it a tenafrve npreanfirmadon issued by SSA. Me Employe meat print Me marks as directed by the E -Veda system and ermine It to Me employee an Mat the employee may determine whether be a she will Contest the wadi '. anconfimribn. The Employer must evew we rental nonconfimmatwn with the employee In private. 2 The Employer will reten employees to SSA find anted only he directed by Me automated system based on a tenabra nonconfirmal and only afie the Employer recants Me wee vau fiof ter number, reviews the'mput to dead any transaction errors, and determines Mal the employee comesa the dermal noncwMmmabon. The Employer I, wig mansmg the Social Security Number to SSA for velPaaticn again if this review li bdiwtes a need a w so. The Employerwlg aearmirw wlrellrer Me employee mnvsa Me Abdul nonconPomation as soon as pol le alter Me Employer ideal 9. 3. If the employee conads an SSA partial noncordirmation. the Employer will provide the employee with asysrem generfetl refertal letle antlintrucl was employee M Vat an SSA office wrimm 8 Fetlerel Government work days. SSA will ermeri iori transmit the result of Be refenal to the Employer within lO Federal Government work dayS of We Pire lirvFn la -veli b EnWp l p..dm.Der. revrmaa wwwAhe.pawE -VwP` Packet Page -1201- L, 10/25/2011 Item 16.A.1. - Verify cmmmMlDNumber. - �4c+ello rail unleas It determines Met more Man 10 days Is nemsaary. The Employer agrees to cnad Me E- Verify system regularly for case updates. 4. The Employer agrees not to ask Me employee to main a printout tram the Social Searity Number database (the Numldant) or other written venfication of Me Social Sewrily Numberfrcm the SSA. B. REFERRAI. TO DRS 1. If the Employer receives atermative nonconrpma4on iswetl by DHS. Me Employer must pool Me tentative noncon irmation not as I iracled br the E- Verify system and provide al to Me employee So Met Me employee may determine wKM r he or She will wMe& Me tentative n nconflrmatbn. The Employer must rexew the twtlative noncmNkmation wom Me employee In private. 2. If Me Employer grace a photo rwnmatch for an employee who provides a document for whicM1 the automated Sysi has tra minfl d a photo, the employer most plm Me photo non -match tentative nommnfirm u on Dotiw as directed by the Meenful ayalem and provide it to Me employee so Mat the enryloyee may determlre whether he or Slre will crmNSt Me finding. The Employer must revlax the tentative nonconfirm rtaxn win the employee In primate. 3. The Employer egress to War Individuals to DHS only when the employee chooses to rgntest a tent noncorlfirmanpn received from DHS automated verification process or when the Employer issued a tenterva rwnconfinnatlon based upon a photo non -match. The Employer well determine whether the employee contests Me tentative rronmrifirmatlon as soon ea possible attar Me Employer rerzives ft. 4. If the employee mMeeh a tentative rwnconfirmatim leaped by DHB, the Employer will provide the employee with a refarot latter and inatruat the employee to con one DHS through Its MII-M1ed hotline (as fount on the retenal Weller) within 8 Fedeml Government workdays. s. If the employee contests a tentetive nonnonflnnallon base upon a photo mn -MM r Me Emplrry Mllpmvketoyemployeewdharelemallatterfo DHS. DHSwill ek nimllyhanamil MeresultofMereferrerMMe Employerwithin10Fedeml Govermmeot work days of the refermi unleds itdManims that more Man tO days is sorry. The Employer agrees tocheck Me E -Verily WsM regularlyformes updates. 6. The Employer agrees that R an employee conteots a tentative nonconfirmation based upon a photo non - match, the Employer wall send a copy of the employee 'a Fomn 1 -551 or Form )i to DHS for review by: • Scanning and uploading the document, or • Sanding a photcwpy of Me document by an express mall account ("to fur at employer expense). T. If the Employer determines Met there is a prom mrtmatch when pampering gee photocopied list B docummrt be rbeed in Ankle II CS wish Me Image generated in E- Verify. the Employer must forward the employee's dmounwnkSk n to DHS uairg one of the meam canonical in Me premdirp peregrapn, and allow DHS to passive the case. �\ Pp, 90131 E- Mime i N emaMer l pi DOW 0i wwx.d ellowdi -verlry Packet Page -1202- 10125/2011 Item 16.A.1. fww Comyanylo Number: 7gbutb ARTICILIN SERVICEPROVISIONS SSA and OHS will net charge the Employer ferverrkaeon services performed untlartltla MOU. The Employer is responsible for providing enuipment needed to make inquiries. To access E -Vel an Employe ll need a persans computerwlth Internet accent. ARTICLEV PARTIES A. This MOU Is sumo ive union the senators of all bigger and ebau continue to afiecl for as long as the BSA antl OHS conduct tre E -Viii program unless mMimal In writing by the mutual cnrresM of all pares, or terminal by any pally upon 30 days prior written notice to the open. Any and all system enhancements to the E -Vary program by OHS or SSA i odubirg bar not limited to the E- Verify masking against wall data sources and inspecting new verfieatian waggling, will be covered under this MOU and wil not use the nand for a mppbmental MOU Mat fartnes papa charges. OHS agrees he Man employers on all charges medeto E -Vmgy through Me ore r mandatory r shsr teammate and updates to the E -Very User Manual, the E -ferry User Manuel for Fetlanl Commodore Or foe E -Very Supplemental Guide far Fadenl Contractors. Even wlpout charges to E -Very, OHS reserves the night to require employee M take mandatory refresher total An Employer pet is a Federal contractor with the FAR E -Very cause may terminate pia MOU when the Fndaral compact Ms raquing he perpetuation in E- Vi my Is arranged! or completed. In such a circumstance, Um Fee l coMectu with the FAR E -Vary clause must anneal wman not to OHS. If an Employer pat is a Federal contractor with the FAR E -Verify cause laps to formals such Opens, pat Employer will remain a parop et in foe E- VSrlfy program, sail remain born by Me farms of this MOU pat apply to participants; pat are not Federal ConVermi with Its FAR E -Verify, cause, and will he required to bas foe E -Vent' procedures M verify the employment all of all newly hired employees. B. NotwiMSandirg Article V, part A ef are MOU, OHS may terminate this MOU if deemed ne<essary because of " requtremeMS of law Or put or upon a determination by SSA or OHS that there has; been a breach of system imegrlry or ¢curry by hhe EmplOyeq or a faiWre an the pan N the Employer to comply sign established procedures or legal requirements. The Employer underslam a that R it la a Fe Ring contractor wet foe FAR E -Vary al for m aran of this MDU by any parry, for any reason may negatwily affect IN permsmance of U conpatlual responsiblldim C Some an all BSA and OHS Imponabilities under this MOU may per performed by com embodsl, and SSA and OHS may adlug verRlcenon responsibultles seemed earn all as they may determine necessary . By sensate agreement with Dil SSA has agreed he pertOrm Its reembegr ll as described in this MOU. O. Ni in this MOU Is indendeck or should be construed, to case any right or benefit, subsangve or protecting, enforceable at law by any third party against the United Stehes, the agencies. offiers, or employees, or ageing foe Employer, Me agents, Officers, or employees. Poo rn M c l a Very MW M niiwm l moisM 0" Criminal) www.dm.epvrE -VMhy Packet Page 1203- 10/25/2011 Item 16.A.1 verify /'� CompaM lD Number oJQQ�+'tlo E. Each perly shall by solely mepmsible for defsrding any Maim Or actrom against it analog out of or related to E- Verify or grin MDU, whether civil or criminal, and for BM liabllily, wherefrom, Including (but not limited to) any (ft" telwmn Me Employer and any other person or entry regarding the applicability, Of Secdon 43(d) of IIHIRA W any action taken or allegedly taken by Me Employer. F. The Employer, understands Met Me had Of de padiclpation in E- Verily h not confdernal inoorm emi ant may Ins diadmea] as mAhOr¢ed Or required by Iew and DHS m SSA pot y, Including but not limited t0, C npmpyonsl overaght, E- Verily plblitlly, and media irguidea, determination Of compliance with Federal contractual requimments, and responses to inquiries under the' Freedom of Information Ad (FOIA). G. The fwegdng mnsbMes the Pull agreement on She subject between DHS and Me Employer. H. The iMlvidmis wham elgnaturm appear below Domment that they, are authmrsed to enter into this MOU on teller of Me Employer and DHS respectively. To be accepted ea a peNCiperrt In E- Verify, you Should only sign the Employees Secilon N Me slgnrture Page. If you base any questlom, contact E -Verity at 1388- J111,14218. employer - — - -� Ifwe FnN Lt4WnLlc.` r. . PwcE _Part n al H6m,I d5 �l -, VaMaw rvbl - INnnRmmPnrq 'ham— — !� p 11 '1131 ewlryuouw E.mbrerl meson DOM o lme wae.dheyawE -Vartly Packet Pope 1204- 10111 Item 16.A.1. -Verify wmP.ay In Nume.r. 34& 71 ^ Infomefi nRequired forte E- ve*Program idcrmatlon milatl g to your Co _ jlmpanyA, G_�a YNema� A`� —& . Cora ai FecIA AMmes. juix t UiLrL1J e 33764 cummvnnemere Ckkwi EmPluyarkafe an Notp okcanlnGU6Ty CIaaI11n4on sybmr. Nurnof wmCaa..__. -Z. Numharmsma vanafor, eFre YUu v a r fify w%far an than I site? if Provide Ne vumber ofshra verifmn ror- n each State: Ste berafsiee Ste(1 �- - - - �N I I I 112 of 13 ev+M Uw rw[mpaw I a r.. a o, om oaovva www.enegorlig .My Packet Page 1205- br 10/25 1 Item 16.A.1. sverify @01>° �. company lL Number 2;116Cat/p jOO ebun m{apiOb NS Program Mml efnboryel lorromL pe yon galley punlbnsw 'pLp tlpnal Problems: s�.�� . P F4 SiiG"li _umw -2_\ �z2� &M 7 - bb - - Hy2 i,b- nrommnn pM.une Aeram naminlsnabwt. —j ro.you. cenw�r on gamy aunuon :or pentlonalpmbbma:. _ _ 3a°mxumlw.i _.._w . ._.. ..._.. a, la a la l ev,*mw ry law", ommalmB w dhs.govM -Va.M/ Paget Page -1205-