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Backup Documents 05/22/2012 Item #11G11C 0 MEMORANDUM Date: June 29, 2012 To: Diana De Leon, Contract Technician Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Agreement #12 -5878 "Radio Road East MSTU Landscaping & Irrigation Project" Contractor: Hannula Landscaping & Irrigation, Inc. Attached is an original copy of the referenced above (Agenda Item #11G), which was approved by the Board on Tuesday, May 22, 2012. An original has been kept by the Minutes and Record's Department, and will be kept as part of the Board's Official Records. If you have any questions, please contact me at 252 -8411. Thank you 11G Memorandum Purchasing Department 3327 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252 -8446 FAX: (239) 252 -6697 Email: BrendaBrilharta- )colliergov.net www.colliergov.net/purchasing Subject: Contract #12 -5878 "Radio Road East MSTU Landscaping & Irrigation Project" Date: June 21, 2012 From: Diana DeLeon for Brenda Brilhart, CPPB, Procurement Strategist To: Ray Carter, Manager Risk Finance This Contract was approved by the BCC on May 22, 2012 agenda item 11.G The County is in the process of executing this contract with Hannula Landscaping & Irrigation, Inc. Please review the Payment and Performance Bonds, and Insurance Certificate(s) for the referenced Contract. • If the insurance is not in order please contact the vendor /insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have any questions, please contact me Insu 4-- Manager Nisk Finance Signature above referenced information. f� ?r4i'hl 1�;�l7 Date (Please route to County Attorney via attached Request for Legal Services) b� G/ Acquisitions/ AgentFormsandLetters /RiskMgmtReviewofl nsurance4 /1 5/201 0/1 6109 R Radio Road East MSTU Landscaping & Irrigation Project COLLIER COUNTY BID NO. 12 -5878 COLLIER COUNTY, FLORIDA Brenda Brilhart, Procurement Strategist Email: BrendaBrilhart@colliergov.net Telephone: (239) 252 - 8446 FAX: (239) 252 - 6697 Design Professional: Urban Green Studio R chas;ng DepaMwa- 3327 iamiami Trail east • Maples. Florida 34112 -9901 - www.calliergay.nelipurchasing 12 -5878 11 G Memorandum Date: April 4, 2012 11G Email: BrendaBrilhart@colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 ADDENDUM_ 2 From: Brenda Brilhart, Procurement Specialist To: Interested Bidders Subject: Addendum # 2: ITB 12 -5878 - Radio Road East MSTU Landscaping & Irrigation The following clarifications are issued as an addendum identifying the following change for the referenced solicitation: CHANGE: Revised Bid Schedule — bidder must submit Addendum #2 bid schedule to be considered for award. Q1. Could a payable line item be considered for additional applications of herbicide for the 100% kill of existing grass & weed growth, in the case of project delays beyond the contractor's control? Al. An alternate pay item has been added to the Bid Schedule for additional applications of herbicide due to unforeseen delays. Note that this pay item does not apply to insufficient results of the contractor's initial application. See added bid schedule line item listed as Alternate #6. Q2. Is the backfill required for each individual planting to be included in the unit price for plant material? A2. Yes, all backfill, soil amendments and staking are to be included in the planting unit prices. Note that fertilizer is not to be included in the planting unit price, and has been broken out as a separate pay item. See added bid schedule line items 29a, 29b, 29c, 29d, and 29e. Q3. Has a Well Permit been obtained? A3. Yes, the SFWMD Consumptive Water Use Permit has been approved, and a copy is included in the solicitation. The local well drilling permit is to be procured by the contractor. Q4. Is the cost for the transformer as required for the .power drop included in this bid? A4. No, the cost of the required transformer for the power source provided by FPL is not in contract. The contractor will be responsible for installation of the handhole and all electrical service connections from the handhole to the pump station and controller. Note the required power for the power source will be 230V, 3Phase, 70 amps. See modified bid schedule line items 38, 39, 40, 41, and 42. Q5. Could a payable line item be considered for the field location of existing sleeves? 11G A5. An alternate pay item has been added to the Bid Schedule for the field location of existing sleeves. See added bid schedule line item listed as Alternate #8. Q6. Is the cost for irrigation lateral piping to be included in the cost for irrigation heads and spray nozzles? A6. Yes, the cost for all associated irrigation laterals and fittings is to be included in the unit price for irrigation heads and nozzles. Q7. Please clarify which Pump performance specification is correct — the Irrigation Reference Legend on the plan sheets state 220 GPM at 65 PSI; the Pump detail on Sheet L1502 calls out 180 GPM at 60 PSI. A7. The correct pump performance specification is 220 GPM at 60 PSI. This has been confirmed with the manufacturer. Q8. Where is the Sump Detail on project plans? A8. The Sump Detail is shown on Sheet L1502 as "Automated Filter Station Flushing Gravel Sump Installation Detail. Please note a pay item has been added to the Bid Schedule for the Sump Installation. See added bid schedule line item listed as item 37a. Q9. Request to add a payable line item for typical "drain hole" installation, if required by drainage conditions. A9. An alternate pay item has been added to the Bid Schedule for a typical "Percolation Drain ". See attached Percolation Drain detail. See added bid schedule line item listed as Alternate #7. Q10. Are the as -built plans to be submitted in hard -copy format or electronic? A10. The contractor is to submit the red -lined hard copies to the Landscape Architect, and the LA will prepare the electronic as— builts based on that information. Questions received March 28, 2012: 1. The plans show one new well to irrigate all medians but the plans show four separate controllers. Only controller "C3" (see sheet LI106) requires 110 -volt electrical supply. The other controllers are DC power. The pump station requires 230 -volt power. A. Does the electrical source exist? B. If this is a new electrical source is it in our scope? C. If this is in our scope, where and what is the electrical point of connection? Response Q1A, B, and C: The source for electrical power is identified on project plans on Sheet LI 107 which shows power will be provided from existing FPL pole # 7- 6982 -2342 from which the transformer and power drop will be provided by FPL. See Question 4 for clarification. 2. Plan sheet L1107 shows two new irrigation sleeves. A. Does the pavement exist? Response: Yes. B. If we must install the sleeves after pavement do they require directional bore installation? Response: Yes Note: Quantities for line item #32 and Alternate #1 have been adiusted to account for 50% shrinkage for soil fill material. See revised bid schedule. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. C: Darryl Richard, Project Manager Enc: Revised Bid Schedule Plan Sheet � f Ln f � i N Z 'i f H ' fo O 0_ III. 11G 4�1 4Ar U a` c := Z U. f n J d v N v N M H m W O to al V O 0 c � N (n .--� N m io N O Ste° o. 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C: Darryl Richard, Project Manager Enc: Geotech Report i1G TABLE OF CONTENTS PUBLICNOTICE .......................................................................................... ..............................3 PART B - INSTRUCTIONS TO BIDDERS .................................................... ..............................5 CONSTRUCTIONBID ................................................................................. .............................13 BIDSCHEDULE .......................................................................................... .............................14 MATERIAL MANUFACTURERS ................................................................. .............................15 LIST OF MAJOR SUBCONTRACTORS ..................................................... .............................16 STATEMENT OF EXPERIENCE OF BIDDER ............................................. .............................17 TRENCHSAFETY ACT .............................................................................. .............................18 AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS .............. .............................19 IMMIGRATION LAW AFFIDAVIT CERTIFICATION .................................... .............................20 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W - 9 ........................ .............................21 BIDBOND ................................................................................................... .............................25 BIDDERS CHECK LIST .............................................................................. .............................26 CONSTRUCTION AGREEMENT ................................................................ .............................27 EXHIBIT A 1: PUBLIC PAYMENT BOND ................................................... .............................34 EXHIBIT A 2: PUBLIC PERFORMANCE BOND ......................................... .............................37 EXHIBIT B: INSURANCE REQUIREMENTS ............................................... ............................40' EXHIBIT C: RELEASE AND AFFIDAVIT FORM ......................................... .............................44 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ........ .............................45 EXHIBITE: CHANGE ORDER .................................................................... .............................49 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION .................. .............................51 EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................... .............................53 EXHIBIT H: GENERAL TERMS AND CONDITIONS .................................. .............................54 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ........................ .............................85 EXHIBIT J: TECHNICAL SPECIFICATIONS .............................................. .............................86 EXHIBIT K: PERMITS ................................................................................. .............................87 EXHIBIT L: STANDARD DETAILS ............................................................. .............................88 EXHIBIT M: PLANS AND SPECIFICATIONS ............................................. .............................89 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............90 12 -5878 2 11G r � PUBLIC NOTICE INVITATION TO BID Radio Road East MSTU Landscaping & Irrigation Project COUNTY BID NO. 12 -5878 Separate sealed bids for the construction of Radio Road East MSTU Landscaping and Irrigation Project, addressed to Ms. Joanne Markiewicz, Interim 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 11 th day of April 2012, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, at 10:00 a.m. LOCAL TIME on the 23rd day of March 2012, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. In instances where the Owner has deemed the pre -bid to be Mandatory, the Bidder's failure to attend the pre -bid conference shall result in the reiection of its bid. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Radio Road East MSTU Landscaping & Irrigation Project, Bid No. 12 -5878 and Bid Date of April 11, 2012. No bid shall be considered unless it is made on an unaltered Bid form which is included 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 website: www.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified 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 bonds 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 attached hereto and incorporated herein. 12 -5878 3 I I G The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, 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 Florida. Attorneys -in -fact that sign Bid 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 contractor's and business licenses, certifications 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 determine 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 eighty (180) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right 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 12th day of March 2012. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Interim Purchasing and General Services Director 12 -5878 4 11G PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "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 Owner's 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 Owner's discretion the Project Manager may formally assign any of his /her 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 and 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 Advertisement, 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, properly 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 13 - 26 as bound in these Bidding Documents, plus insurance requirements form). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form 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 disk/CD 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 Tamiami 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. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. 12 -5878 5 I I G Section 3. 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 cashier's 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 bidder's maximum possible award (base bid plus all add alternates) (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 the 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 held 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 Bid 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 twenty (120) days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the 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. Section 4. Right to Reiect 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 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 12 -5878 6 I IG ' 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 signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other -than an officer of corporation or general partner of partnership, a properly 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 the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids 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, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the 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 and addressed on the County's Online Bidding System to be given consideration. All such requests for interpretations or clarification must be received as directed in the Online Bidding System instructions and prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued via the Online Bidding System at their respective email addresses furnished for such purposes 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. 8.2 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. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is mandatory. In instances where the Owner has deemed the pre -bid to be mandatory, the Bidder's failure to attend the pre -bid conference shall result in the reiection of his bid. 12 -5878 7 its I '.! Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, 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 difficulties that may be 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 omission 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 items shall be based on the actual number of units installed for the Work. 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 not 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 quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than twenty -five percent (25 %) from the estimate at the time of bid. 12 -5878 8 11.2 Alternate 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 submitted 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 aspect(s) 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 bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 Statement of Award: The Award of Contract 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 contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing professional of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee 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 http: / /www.colliergov.net/Index.aspx ?page =762. 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 printing and distribution of such copies. 12.6 Certificate of Authority to Conduct Business in the State of Florida (FL Stat 607.1501) 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 Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.org /search.htmi). 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 certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 12 -5878 9 11G 12.7 Local Vendor Preference: The Collier County Board of County Commissioners has adopted a Local Preference "Right 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 the 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 verifiable 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 submitting 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 price submitted by the non -local business, then the local business with the apparent lowest bid offer (i.e. the lowest local bidder) shall have the opportunity to submit, an offer to match the price(s) 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 qualified 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 bidder. If the lowest local bidder declines or is unable to match the lowest non local bid price(s), then 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 the lowest non -local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to 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 12 -5878 10 11G purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. Section 13. Sales 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(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 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 work. Section 15. Use of Subcontractors No ` subletting of landscape installation or irrigation installation (exception for electrical wo required at power supply and pump /controller installation and directional boring in order to inst irrigation and electrical: sleeving) 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion 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 Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 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 includes Subcontractors in its bid offer which are not "qualified" 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- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 12 -5878 11 SiG 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder shall identify the subcontractor(s) 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 Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Section 17. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project 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. Section 18. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it 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 entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity 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." 12 -5878 12 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Radio Road East MSTU Landscaping & Irrigation Project BID NO. 12 -5878 Full Name of Bidder HANNULA LANDSCAPING AND IRRIGATION, INC. Main Business Address 28131 Quails Nest Lane Bonita Springs, Florida 34135 Place of Business Lee County, Bonita Springs, Florida Telephone No. (239) 992 -2210 Fax No. (239) 498 -6818 State Contractor's License # N/A Collier County 35010 & 35011 State of Florida Certificate of Authority Document Number P92000010592 Federal Tax Identification Number 65- 0375795 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this -Bid is accepted Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. 12 -5878 13 BID SCHEDULE Radio Road East MSTU Landscaping & Irrigation Project Bid No. 12 -5878 Bid Schedule Provided in Separate File 12 -5878 14 U d a` O m m r. r0 n m V1 u N -0 H p F In 2 W V O C .D m d' m L U O d I dl - J � w O 0 0 0 0 0 -:. 0 0 0 0 'a d � � o .n o o O :::. O o 0 0 O O O 0 0 0 .- O o 0 0 0 O o 0 0 o c o .; o ry o o W : v c v o O O : n N O a C' - 0 O �n In W n O O ll1 O O O O n It) n fV W O W C N C' W H .-� O� W ,'. C' Ol �O N T O O� lO N N �() M N - l0 C N �D �.: co N ti C' M N N I� W O� : n W i0 W a `? W m �G : Oi co Oi �O Vl E .-� �:'. h N C' lt) R a tD HR lR M N Vf Vf Vf b} Vh �. 84 H} Hf M+ V+ iR :. tR V+ fPr tPr iA : iPr fPr !Pr V} to Y > W F W O O E W W W W OI n m W E H W W W W W N _c L W �[ U C7 v O m u I dl - J � w O 'a d � � O O O- O O O O O O O O O O O .- O to O O ut .. 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Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and /or material is proposed and listed below and is not approved by Engineer /Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Hannula Landscaping And Irrigation Inc Signature: `- Date: Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. Q 0 Please insert additional pages as necessary. Company: Hannula Landscaping And Irrigation Inc. Signature; Date: 12 -5878 15 I Ic LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID, MAY BE DEEMED NON - RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non - compliant or non - qualified Subcontractors in its bid offer, Further, the Owner may direct the. Successful Bidder to remove /replace any Subcontractor, at no additional cost to Owner, which is found to be non - compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. t%dsba0Jnq:A nd ` n And .lrri atio.n .`Inc. Date; 16(, Zol2 12 -5878 16 Major Category of VUark Subcontractor and Address 1. Electrical AFC Electric, Inc. 10550 Abernathy St. Bonita Springs, Florida 34135 2. Mechanical 3. Plumbing Strickler Bros. Inc.417 Canal Street Ft. Myers, Florida 33916 Directional Bore 4. Site Work 5. Identify others that are greater than 10% of price or the critical path affects schedule 6. Identify others that are greater than 10% of price or the critical path affects schedule 7. Identify others that are greater than 10% of price or the critical path affects schedule 8. Identify others that are greater than 10% of price or the critical path affects schedule 9. Identify others that are greater than 10% of price or the critical path affects schedule 10. Identify others that are greater than 10% of price or the critical path affects schedule % of Work Bidder is self - performing 90 t%dsba0Jnq:A nd ` n And .lrri atio.n .`Inc. Date; 16(, Zol2 12 -5878 16 11G STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location Reference 1. Radio Road Phase III Collier County ATM Department Naples , Florida Darryl Richard 239 - 252 -5775 2. Summerlin Road Lee County DOT Ft. Myers, Florida Bob DeBrock 239 -533 -9425 3. Rattlesnake Hammock Road Collier County ATM Department Naples, Florida Pam Lulich 239 - 252 -6291 4. Bayshore Road Lee County DOT Ft. Myers, Florida Bob DeBrock 239 - 533 -9425 5. U.S. 41 Littleton Road To Charlotte Lee County DOT County Line Ft. Myers, Florida Bob DeBrock 239 -533 -9425 6. Evans Avenue City Of Ft,,Myers - City Of Ft. Myers, Florida J.B. Schuetz 239 -461 -7155 Company: Hannula Landscaping And Irrigation, Inc. Signature: i Date: 12 -5878 17 TRENCH SAFETY ACT IIG 4 Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) LF SY PVC Main LF 6,000 $1.50 $9,000.00 Line 1 2 3 4 5 TOTAL $9,000.00 Failure to complete the above may result in the Bid being declared non - responsive. Carnpan.y :,� �Hannula.%. Landsbaioina .And Irri ation lnc. Signature: Date: 12 -5878 18 -!:- An �rc a �W, t y Administrative Services Dvislon Purchasing AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS Solicitation # 12 -5878 Radio Road East MSTU Landscaping & Irrigation Project (CHECK APPROPRIATE BOXES BELOW) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County t9 Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; 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 the 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 verifiable 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 submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or X Lee County: Dec. 8, 1992 Number of Employees (Including Owner(s) or Corporate Officers): 96 Number of Employees Living in DK Collier County or ® Lee (Including Owner(s) or Corporate Officers): 40 56 If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Hannula Landscaping And Irrigation,lnc. Date: April 11, 2012 Collier or Lee Count Address, 28131 Quails Nest Lane Bonita Springs, Florida 34135 Signature: �� F 6-SN Title: President STATE OF FLORIDA: ❑ COLLIER COUNTY X LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this 11 th. Day of April 2012 N ary Public My Commission Expires: 41 ZZ 1 2. (AFFIX OFFICIAL SEAL) =o��r pW� Notary Public State Of Florida Gina D Carter Y My Commission OD775416 OF I Expires 0 412 212 0 1 2 12 -5878 19 .�. G Go�eY C:ny Administrative Seivices Oivisbn Purchasing Immigration Law Affidavit Certification Solicitation:. 12 -5878 Radio Road East MSTU Landscaping & Irrigation Project This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, 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 vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E- Verify program, may deem the Vendor / Bidder's or000sal as non - responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name Hannula Landscapinq And Irrigation, Inc. Print Name Dale F. Hannula Title President Signature Date April 11, 2012 State of Florida County of Lee The foregoing instrument was signed and acknowledged before me this day of L_ , 2012, by (print or type name) who I;i�daeed l5 — ��1�i0U1i� (type o I n ' ica ' n and mber) as identification. 4 Notary Pu is Signature =o1►+'Y'uo Notary Public State of Florida ` Gina D Carter My O- MMI.alon DD775416 Printed Name of Nota ublic OF IV Expires 04 /22/2012 p -)" 16 ry -ZL- I' Notary Commission N umber /Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 12 -5878 20 EmployerWizard Me r i fy, Welcome Employment Eligibility Verification Denise Carter Click any j& for help Home Company information My Cases New Case P1 u Ifi User to Last Login DCAR3598 03:15 PM - 1 o125/2o11 Log Out View Cases Company Name: Hannuia Landscaping and Irrigation, Inc. Search Cases Company ID Number: 262825 i View I Edit My Profile Doing Business As (DBA) Edit Profile Name: DUNS Number: Change Password Change Security Questions physical Location: Mailing Address: My Company Address 1: 28131 Quails Nest Lane Address 1: Edit Company Profile Address 2: Address 2: Add New User City: Bonita Springs City: View Existing Users State: FL State: Zip Code: 34135 Zip Code; Close Company Account County: LEE My Reports View Reports Additional Information: My Resources Employer Identification Number: 650375795 View Essential Resources Total Number of Employees: 20 to 99 Take Tutorial Parent Organization: Hannula Landscaping, Inc. View User Manual Administrator: Organization Designation: Contact Us Employer Category: None of these categories apply Total Points of Contact: 2 U.S. Department of Homeland Security - mvw.dhs.gov U.S. Citizenship and Immigration Services - www.uscis. gov https:He-verify.uscis.gov/emp/EmployerWizard.aspx View 1 Edit Accessibility Download Viewers 11G — NIST R� ` Company ID Number: 262825 THE E- VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Hannula Landscaping, Inc. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E- Verify). This MOU explains certain features of the E- Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E- Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1 -9). For covered government contractors, E- Verify is used to verify the employment eligibility of all newly hired employees and ail existing employees assigned to Federal contracts. Authority for the E- Verify prograrn is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104 -208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E- Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor") to verify the employment eligibility of certain employees working on Federal contracts is also _found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE 11 ELIUCTION.S_T- 0- BE- P__EREORMED- A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E- Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E- Verify process, 3. SSA agrees to safeguard the information provided by the Employer through the E- Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E- Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). Page 9 of ,131E- Verify MOU for Employer lRevision Date 10/29/08 11G — E.,,Verif Y- U` IIRIU o , Company ID Number: 262825 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions, B. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for aliens through E- Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: Automated verification checks on alien employees by electronic means, and • Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E- Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E- Verify process. 3. DHS agrees to provide to the Employer a manual (the E -Verify User Manual) containing - instructions- on E- Verify policies - procedures and requirements for both SSA and -DHS, including_ restrictions on the use of E- Verify. DHS agrees to provide training materials on E- Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E- Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration - Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E- Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to . provide confirmation or tentative Page 2 of 13JE- Verify MOU for EmpioyerlRevlsion Date 10129/08 11G E-Verify .atl��•F ��, ::lir:v Company ID Number: 262825 nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DI-IS tentative non confirmations and photo non -match tentative nonconhrmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Govemment work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E- Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E- Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E- Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E -Verify program as a condition of continued use of E- Verify, including any tutorials for Federal contractors if the Employer is a Federal -contractor, - - - -- - -- B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. The Employer agrees to comply with current Form 1 -9 procedures, with two exceptions: • If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo._ (List B documents identified in 8 C. F. R. § 274a.2(b)(1)(B)) can be presented during the Form 1 -9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E- Verify at 888 - 464 -4218, If an employee presents a DHS Form 1 -551 (Permanent Resident Card) or Form 1 -766 (Employment Authorization Document) to complete the Form 1 -9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1 -9. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non - matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1 -9. DHS may in the future designate other documents that activate the photo screening tool. Page 3 of 131E -Veffy MOU for EmployerlRevislon Date 10/29/08 iic _ r t ,U: 'U, Illllli, �7srnr,. Company ID Number: 262825 6. The Employer understands that participation in E- Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1 -9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 2748 of the INA with respect to Form 1 -9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E- Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A).of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E- Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E- Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1 -9 compliance inspections during the course of E- Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E- Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form 1 -9 have been completed), and to complete as many (but only as many) steps of the E- Verify process as are necessary according to the E -Verify User Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1 -9 completed. If the automated system to be queried is temporarily unavailable, the 3 -day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the Employer -must use the SSA verification- procedures-,..first,. and use DHS:verification _ proeedures _.- and photo screening tool only after the SSA verification response has been given. Employers may initiate verification by notating the Form 1 -9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E- Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E- Verify procedures for pre - employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E -Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article II.D, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer uses E- Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding tentative non confirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking Paco., 4 of 13iE- Verify MOU for EmplayerlRevislon Date 10/29108 11G E—Verlmfv, Company ID Number: 262825 adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non- match, the Employer is required to take affirmative steps (see Article III.B, below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1([)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non - match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non -match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E- Verify at 1 -888- 464 -4218 or OSC at 1 -800- 255 -8155 or 1- 800 - 237 -2515 (TDD). 11. The Employer agrees to comply with Title V11 of the Civil Rights Act of 1964 and section ..... 274B of the INA by not discriminating unlawfully. against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E- Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative non confirmations. The Employer further understands that any violation of the unfair immigration- related employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E- Verify. If the Employer has any questions relating to the anti- discrimination provision, it should contact OSC at 1- 800 - 255 -8155 or 1- 800 - 237 -2515 (TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1 -9 or to print the screen containing the case verification number and attach it to the employee's Form 1 -9. 13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E- Verify and this MOU only to confirm the employment eligibility of employees as f ge 6 o; 131E-Verify MOU for EmployeriRvision Date 10/29/08 11 E-Verify Company ID Number: 262825 authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or Di-IS for legitimate purposes. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E- Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1 -9 and other employment records and to interview it and its employees regarding the Employer's use of E- Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E- Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. The Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801) in addition to verifying the employment eligibility of all other employees required to be verified under the FAR. Once an employee has been verified through E- Verify by the Employer, the Employer may not reverify the employee through E- Verify. a. Federal contractors not enrolled at the time of contract award: An Employer that is not enrolled in _E- Verify_asa Federal _contractor at the time of a_contract award must enroll as a Federal contractor in the E- Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E- Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E- Verify as a Federal contractor, the Employer must initiate verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. b. Federal contractors already enrolled at the time of a contract award: Employers enrolled in E- Verify as a Federal contractor for 90 days or more at the time of a contract award must use E- Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. If the Employer is enrolled in E- Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E- Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire, An Employer enrolled as a Federal contractor in E- Verify must initiate verification of each employee assigned to the <;(p- 6 of 131E - Verify MOU for EmployerrlRevisim Date 10/29/08 I I G o E 4iil..n. Y., 1'IST4.t.l 'C I'Vi t:; .F ry ^. °.'� YR - _:�"�m.31- �lc_aK+v' $3fs"C+.Ci°�.s-s�c -•. f. F. IFT t: \ Company ID Number: 262825 contract within. 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. C. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments,, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and /or all existing employees hired after November 6, 1986. The provisions of Article II.D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. d. Verification of all employees: Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, '1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E- Verify verification of all existing employees within 180 days after the election. e. Form 1 -9 procedures for Federal contractors: The Employer may use a previously completed Form 1 -9 as the basis for initiating E- Verify verification of an employee assigned to a contract as long as that Form 1 -9 is complete (including the SSN), complies with Article II.C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1 -9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1 -9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien ..,.-__having become a naturalized U.S..citizen). If the Employe_r,is_ unable..to determine that the Form 1 -9 complies with Article II.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form 1 -9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1 -9 consistent with Article II.C.5, or update the previous 1 -9 to provide the necessary information. If section 1 of the Form 1 -9 is otherwise valid and up -to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1 -551) that expired subsequent to completion of the Form 1 -9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.5, subject to any additional or superseding instructions that may be provided on this subject in the E- Verify User Manual. Nothing in this section shall be construed to require a second verification using E- Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor. 2. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. Rage 7 of UIE- Verify MOU for EmployerlRevision Date 10/29(08 Verify Company ID Number: 262825 ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 11G 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or site will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation, The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system - generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to Security _Number database (the Numident) or other written Number from the SSA. B. REFERRAL TO DHS obtain a printout from the Social verification of the- Social Security 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non -match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non - match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non- match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible P,,4je 9 o •131E- Verify MOU for FmployeriRevisiQn Date 10/2910(3 kA illill 6 vrr. ic�r i. r, 'Mrs .:cmncc nr n \\+ 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or site will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation, The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system - generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to Security _Number database (the Numident) or other written Number from the SSA. B. REFERRAL TO DHS obtain a printout from the Social verification of the- Social Security 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non -match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non - match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non- match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible P,,4je 9 o •131E- Verify MOU for FmployeriRevisiQn Date 10/2910(3 kA 1 i - Ve r"I f Y_ Fi9¢.! was- :`c�s`ia P��+.� p :''�i. <: � I: -VCf I' n ::EC•'lr�f. fll" Company ID Number: 262825 after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non- match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non - match, the Employer will send a copy of the employee's Form 1 -551 or Form 1 -766 to DHS for review by: ® Scanning and uploading the. document, or ® Sending a photocopy of the document by an express mail account (furnished and paid for by DHS). 7. The Employer understands that if it cannot determine whether there is a photo match /non- match, the Employer is required to forward the employee's documentation to DHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DNS who will determine the photo match or non - match. ARTICLE IV SSA and DHS will not charge the Employer for verification services performed under this MOU, The Employer is responsible for providing equipment needed to make inquiries. To access the E- Verify System, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E- Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E- Verify program by DHS or SSA, including but not limited to the E- Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E- Verify User Manual. Even without changes to E- Verify, DHS reserves the right to require employers to take Nip 9 of 1.;1E- Verily MOU for EmployerlRevOon Date '10/29/08 11G E - Ve rim fy Company ID Number: 262825 mandatory refresher tutorials. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E- Verify is terminated or completed. In such a circumstance, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, that Employer will remain a participant in the E- Verify program, will remain bound by the terms of this MOU that apply to non - Federal contractor participants, and will be required to use -the E- Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part .of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E- Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or _ allegedly-taken, by-- the._Employer -. F. The Employer understands that the fact of its participation in E- Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E- Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. Pap 10 of 13IE- Verify MOU for EmproyerlRevision.Date 10129108 Company ID Number: 262825 mandatory refresher tutorials. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E- Verify is terminated or completed. In such a circumstance, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, that Employer will remain a participant in the E- Verify program, will remain bound by the terms of this MOU that apply to non - Federal contractor participants, and will be required to use -the E- Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part .of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E- Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or _ allegedly-taken, by-- the._Employer -. F. The Employer understands that the fact of its participation in E- Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E- Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. Pap 10 of 13IE- Verify MOU for EmproyerlRevision.Date 10129108 11G 6327) E y Company ID Number: 262825 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 888-464-4218. Employer Hannula Landscaping, Inc. Dale F Hannula Tide Department of Homeland Security — Verification Division USCIS Verification Division IMA. Type or Prini) ?j Page 11 of 131E-Verify MOU for ErriployerlRevislon Date 10129/06 A/1 to E-Verify., Company ID Number: 262825 Information Required for the E-Verify Program Information relating to your Company: p'f Fi J, k'1, i Y 3 C 1.1 f: V) to Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) P-,ige. '12 of,13JE-Verify MOU for EmployerlRevisim Date 10!29/08 E-Verify Company ID Number: 262825 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Denise Carter Telephone Number: (239) 992 - 2210 Fax Number: E -mail Address: dcarter@hannulaiandscaping.com Name: Dale F Hannula Telephone Number: (239) 992 - 2210 Fax Number: (239) 498 - 6818 E -mail Address: dviancourt @hannulalandscaping.com Page l,.• of 131E - Verify MOU for EnihioyerlRevision Date 10/29/08 r] vr��4gs'rc.r. , Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Denise Carter Telephone Number: (239) 992 - 2210 Fax Number: E -mail Address: dcarter@hannulaiandscaping.com Name: Dale F Hannula Telephone Number: (239) 992 - 2210 Fax Number: (239) 498 - 6818 E -mail Address: dviancourt @hannulalandscaping.com Page l,.• of 131E - Verify MOU for EnihioyerlRevision Date 10/29/08 r] Co ',ler Admhstrative Serokes Division Purchasing COLLIER COUNTY SOLICITATIONS SUBSTITUTE W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting. purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name HANNULA LANDSCAPING AND IRRIGATION INC. (as shown on income tax return) Business Name (if different from taxpayer name) Address 28131 Quails Nest Lane City Bonita Springs, Florida 34135 State Florida Zip 34135 Telephone 239 - 992 -2210 FAX 239 - 498 -6818 Email dhannula @hannulalandscaping.com Order Information Address City State FAX Email Remit / Payment Information Address 28131 Quails Nest Lane Zip City Bonita Springs State Florida Zip 34135 2. Company Status (check only one) FAX 239 - 498 -6818 Email dcarter(a)hannulalandscaping,com _Individual / Sole Proprietor X Corporation _Partnership _Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) C Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) 65- 0375795 (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, l certify that the information shown on this form is correct to my knowledge. Signature Date April 11, 2012 Title President Phone Number 239 -992 -2210 12 -5878 21 Form W -9 Request for Taxpayer Give Form to the (Rev. DecV1io1. 011) Identification Number and Certification requester. I not Send tO the IRS. Department of the Treasury Internal Revenue Service Name (as shown on your Income tax return) Hannula Landscaping and Irrigation, Inc. N Business name /disregarded entity name, If different from above a� rn m c Check appropriate box forfederai tax classification: o ❑ Individual/sole proprietor ❑✓ C Corporation ❑ S Corporation ❑ Partnership ❑ Trustlestate N C 0 ❑ Limited liability company. Enter the tax classification (C =C corporation, S =S corporation, P= partnershlp) ► ------------ - --------- --------- ❑ Exempt payee Gi C � a E] Other (see instructions) ► !P Address (number, street, and apt. or suite no.) Requester's name and address (optional) 0 COL 28131 Quails Nest Lane m City, state, and ZIP code in Bonita Springs, FL 34135 List account numbers) here (optional) Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on the "Name" line I social security number �n�I avoid backup withholding. For Individuals, this is your social security number However, for re resident alien, sole proprietor, or disregarded entity, see the Part I instructions on n page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is In more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. M65 - 0 1 3 1 7 1 5 1 7 M9-5 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am wafting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding - -- because- you- have - failed -to- report all- interest-and dividends. on- your -tax return. - For -read estate- transactions,- item -2 -does- not -apply For - mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions on page 4. Here General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who Is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting It (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding If you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your II bl h f rt h' ' fr U S +A. or business Date ► f �2 fit,; i 61, ,Q. 0/ 2— Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if It is substantially similar to this Form W -9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person If you are: • An Individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701 -7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W -9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. a oca e s are o any pa ners Ip income om a . . ra Is not subject to the withholding tax on foreign partners' share of effectively connected income. Cat. No. 10231X Form W -9 (Rev. 12 -2011) 11G Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within one hundred and sixty (160) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within twenty (20) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State-of Florida _ ....__ County of Lee Dale F. Hannula , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized Dale F. Hannula , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. 12 -5878 22 IG (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida which operates under the legal name of Hannula Landscaping And Irrigation, Inc. and the full names of its officers are as follows: President Dale F. Hannula Secretary Dale F. Hannula Treasurer Dale F. Hannula Manager Annette Carbary The President, Dale F. Hannula is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken December 1992 , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co- Partnership The Bidder is a co- partnership consisting of individual partners whose full names are as follows: The co- partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is operating under a trade name, said trade name is 12 -5878 23 and if Complete for information contained in (a) Corporation, (b) Co- Partnership or (c) Individual from previous page. DATED April 11 2012 itness _ ffi e'ss _ STATE OF Florida COUNTY OF Lee Hannula Landscaping And Irrigation, Inc. legal entity BY: Dale F. Hannula Name of Bidder (Typed) Signature President Title The foregoing instrument was acknowledged before me this 11th. day of Aprii 2012, by Dale F. Hannula , as President of Hannula Landscaping And Irri ation Inc a corporation, on behalf of the corporation, e is personally known to me or has produced as identification and did (did not) take an oath My Commission Expires: r,J'y °9,t =3tate of Florida 0776416 'Iorno (AFFIX OFFICIAL SEAL) L: ;� aL( 1 6z i � I - (Sigp ture of Notary) NAME: Kp) M l`7. (bier (Legibly Printed) Notary Public, State of c0 Commission No.: DD 725 } � 12 -5878 24 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Hannula Landscaping and Irrigation, Inc. (herein after called the Principal) and RLI Insurance Company (herein called the Surety), a corporation chartered and existing under the laws of the State of Illinois with its principal offices in the city of Peoria and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Board of County Commissioners (hereinafter called the Owner), in the full and just sum of Five Percent of the Bid Amount ------------------------------------- - - - - -- dollars ($ 5% of the Bid Amount ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Radio Road East MSTU Landscaping & Irrigation Proiect, Bid No. 12 -5878. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $5% of the Bid amount noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 11th day of April '2012. Hannula Landscaping and Irrigation, Inc. Principal (Seal) M RLI InsuranWCompany Surety (Seal) David B. Shick, Atto yin -Fact / FL. sident Agent Countersigned j Itl- S-:- �Shick, Attorney-in-Fact / FL. Resident Agent) Local Resident Producing -Agent for c o The ProSure Group, Inc. 7217 Benjamin Rd., Tampa, FL 33634 12 -6878 25 RLI ® Surety P.O. P.O Box 3967 1 Peoria, IL 61612 -3967 Phone: (800)645 -2402 1 Fax: (309)689 -2036 www.rlicorp.com Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company 11G That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, a(n) Illinois corporation, does hereby make, constitute and appoint: David B. Shick in the City of Tampa , State of Florida its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its __ ... __.. .......... corporate seal affixed this 8th day of November 2011 °yJ °PpNCE�Cp'% SEAL . State of Illinois ....• '' SS 0 County of Peoria f hnn1".,", RLI Insurance Company Roy C. Die Vice President CERTIFICATE On this 8th day of November 2011 before me, a Notary I, the undersigned officer of RLI Insurance Company, a stock Public, personally appeared Roy C. Die , who being by me duly corporation of the State of Illinois, do hereby certify that the attached swom, acknowledged that he signed the above Power of Attorney as the Power of Attorney is in full force and effect and is irrevocable; and aforesaid officer of the RLI Insurance Company and acknowledged said furthermore, that the Resolution of the Company as set forth in the instrument to be the voluntary act and deed of said corporation. Power of Attorney, is now in force, In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this 11th ,dayof April 2012 E� RLI Insurance Company Jacqu ine M. Bockle Notary Public a tom.! "OFFICIAL SEAL" Roy C. Die Vice President S rt�, i JACQUELINE M. BOCKLER LLLm COMMISSION EXPIRES 03 /01/14 0941331102OLr2 A0059411 11G THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Local Vendor Preference Affidavit completed. 7. Immigration Affidavit completed and the company's E- Verify profile page or memorandum of understanding 8. Certificate of Authority to Conduct Business in State of Florida and the County's Substitute W9 9. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been included. 10. Any addenda have been signed and included. 11. The mailing envelope has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 12. The mailing envelope must be sealed and marked with: gBid Number; aProject Name; <*Opening Date. 13. The Bid will be mailed or delivered in time to be received no later than the specified opening date and time, otherwise Bid cannot be considered. ALL COURIER- DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Hannula Landscaping And Irrigation, Inc. 7nNw—_WLPresiclent Signature & Title Date: April 11th., 2012 12 -5878 26 VNIII IG Collier County Florida Insurance and Bonding Requirements insurance 1 Bon d .Type..�:; Re�red-Lmits, I, qu 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000,000 per occurrence, $2,000,000 aggregate for Bodily Injury Liability ISO form and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 12 -5878 42 I I G 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate 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, Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Vendor Signature Print Name Hannula Landscaping And Irrigation, Inc. Date April 11, 2012 Dale F, Hannula President Insurance Agency GulfShore Insurance 4100 Goodlette Road North Naples, Florida 34103 Agent Name Gregory Havemeier Telephone Number 239 - 435 -7106 12 -5878 43 f`linn4ii• '1447r. WANI Al ■ 1 r ACORD,. CERTIFICATE OF LIABILITY INSURANCE '` 6/2E 5/2012 12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Gulfshore Insurance, Inc. NAME: Erin Mitchell ac ° "N :239 659 -7286 A/C No): 239 213 -2814 4100 Goodlette Road North E-MAIL emitchell@gulfshoreinsurance.com Naples, FL 34103 -3303 239 261 -3646 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: FCCI Insurance Company PREMISES Eaoccu ence INSURED Hannula Landscaping & Irrigation, Inc. 28131 Quails Nest Ln Bonita Springs, FL 34135 -6930 INSURER B: s5,000 INSURER C: $1,000,000 INSURER D INSURER E $2,000,000 INSURER F : PRODUCTS - COMP /OP AGG $ 2,000,000 nnVFRArFA rFRTIFIr:ATF NIIMRFR• REVISION NUMBER! THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUB WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F__x1 OCCUR X PDDed:1,000 GL00067393 1/01/2012 01/01/2DI3 EDACMHGOECTCURRENCE $1,000,000 PREMISES Eaoccu ence $100000 MED EXP (Any one person) s5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X .1- LOC PRODUCTS - COMP /OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON-OWNED X HIREDAUTOS X AUTOS CA00100453 1/0112012 01/01/201 EaDSINGLELIMIT accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PeO racc,d.rt DAMAGE $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE UMB00062124 1101/2012 01101/201 EACH OCCURRENCE $3000000 AGGREGATE s3,000,000 DED X RETENTION $10000 $ A AND EMPLOYERS' LIABILITY AND EMPLOYERS' ANY PROPRIETOR /PARTNER /EXECUTIVE YIN N OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 001WC12A40029 1/01/2012 01/01 /201 H- X RYTLIMT ERH E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Radio Road MSTU Landscaping 8r Irrigation Project Collier County Bid # 12.5878 Collier County Board of County Commissioners is named as Additional Insured with respects to General Liability per CG2033 0704. Collier County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3301 Tamiami Trail E Naples, FL 34112 I AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S561434/M523829 EMM www.sunbiz.org - Department of State I 11C https- / /fts.sunbiz.org /scripts /ubirfs.exe 4/9/2012 I I G State o Florida Department of State I certify from the records of this office that HANNULA LANDSCAPING AND IRRIGATION, INC, is a corporation organized under the laws of the State of Florida, filed on December 8, 1992. The document number of this corporation is P92000010592. I further certify that said corporation has paid all fees due this office through December 31, 2012, that its most recent annual report was filed on April 9, 2012, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Tenth day of April, 2012 S ja _ - Secretary of State We ................ Authentication ID: 300227873913- 041012- P92000010592 To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. https://efile.sunbiz.org/certauthver.html 11G AD i -m ic 'r` HRNNU�R LANDSCAPING & IRRIGATION, INC. 28131 QUAILS NEST LANE BONITA SPRINGS, FLORIDA 34135 PHONE 239 - 992 -2210 FAX 239- 498 -6818 BID NUMBER 12 -5878 RADIO ROAD EAST MSTU LANDSCAPING AND IRRIGATION PROJECT April 11, 2012 PREQUALIFICATION REQUIREMENTS RESUMES OF KEY PERSONNEL 28131 Quails Nest Lane, Bonita Springs, FL 34135 (239) 992 -2210 office (239) 498 -6818 fax 11G RESUMES OF KEY PERSONNEL HANNULA LANDSCAPING &IRRIGATION, INC. Dale Hannula 31Years of Construction Experience President 29 Years of Related Experience Cost Range $15 Million Education Bachelor of Science Degree, Social Science/Psychology Certified Arborist, BMP and MOT Certified, Landscape Contractor's License, Irrigation Contractor's License, FDOT Certified, Real Estate Salesman License, Community Association Manager's License Annette Carbary Business Development/ Project And Office Manager Cost Range Education Scott Douglas Irrigation Manager Cost Range Education Experience Juan Carlos Landscape Manager Cost Range Education 25 Years of Construction Experience 16 Years of Related Experience $15 Million Bachelor of Science Degree, Accounting/Finance 27 Years of Construction Experience 27 Years of Related Experience $15 Million Bachelor of Arts, Computer Graphic Irrigation Management, Design, Rain Bird Maxicom Certified, Licensed Nelson Agricultural Installer 12 Years of Construction Experience 12 Years of Related Experience $5 Million Management And Hands On Field Experience Jeanie Lissette Jones 04 Years of Construction Experience Irrigation Purchaser 03 Years of Related Experience Landscape Purchaser 01 Year of Related Experience Experience Landscape Material Estimating & Purchasing Cost Range $3 Million Experience Irrigation Estimating and Purchasing, Contracts Administration, Finance and Cost Analyst Education Certificate of Psychology Jeremy Hannula 10 Years of Construction Experience Estimator/Designer/ Manager 10 Years of Related Experience Cost Range $5 Million Experience Auto CAD Design, Rain CAD, Irrigation Product Training, Pump Systems Technical Design, Landscape And Irrigation Estimating, Maintenance Management And Estimating, Interim CPO Qualifier. 28131 Quails Nest Lane, Bonita Springs, FL 34135 (239) 992 -2210 office (239) 498 - 6818 fax 11G Manuel Gonzalez 09 Years of Construction Exeperience Maintenance Manager 02 Years of Related Experience Cost Range $1 Million Experience / Education Landscape & Irrigation Maintenance AA Degree Business Management Carlos Herrera 10 Years of Construction Experience Irrigation Foreman 10 Years of Related Experience Cost Range $250, Thousand Experience Irrigation Installation And Maintenance Shelly Williamson 20 Years of Construction Experience Contract Administrator 13 Years of related Experience Cost Range $2 Million Experience AA Business Administration, MOT Certified Angelica Canete -Perez 12 Years Construction Experience Administrative Assistant 12 Years Related Experience Cost Range $500,000.00 Experience BS Business And Finance, Real Estate License, Notary April 11, 2012 Page 2of2.... 28131 Quails Nest Lane, Bonita Springs, FL 34135 (239) 992 -2210 office (239) 498 -6818 fax 11 J � �` HANNULA LANDSCAPING & IRRIGATION, INC. 28131 QUAILS NEST LANE BONITA SPRINGS, FLORIDA 34135 PHONE 239 - 992 -2210 FAX 239 - 498 -6818 BID NUMBER 12 -5878 RADIO ROAD EAST MSTU LANDSCAPING AND IRRIGATION PROJECT April 11, 2012 PREQUALIFICATION REQUIREMENTS 2 -A. 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HANNULA TYPE: IRRIGATION SPRINKLER CONTR. ISSUAN(,E NUMBER: 35011 STATE EXP: INSURANCE: General Liability .. ......... ... January Worker's Comp Exemption April 14, 2013 Worker's Compensation January 01, 2012: ORIG ISSD: EXPIRES: September 30, 2012 NOTE: It is the Qualifier's responsibility to keep all business, licensing and requirements current and to provide up to date copies for Collier county files. This includes all insurance certificates and any change of address information. Collier County * City of Marco * City of Naples Contractor Licensing IRRIGATION SPRINKLER CONTR. Cert Nbr: Exp: Status: C35011 09/30/2012 Active State Nbr: Exp: Hannula Landscaping and Irrigation Inc 25131 Quails Nest Lane Bonita Spr'ng , FL y34 ,J Signed: �� a/G- COLLIER COUNTY I G CERTIFICATE OF COMPETENCY CERTIFICATION INFORMATION C35011 Certification Information Collier County Board of County Commissioners Date: October 10, 2011 DBA: Hannula Landscaping and Irrigation Inc ADDRESS: 28131 Quails Nest Lane Bonita Springs, FL 34135 - PHONE: 2399922210 CELL: 2398726632 FAX: 2394986818 LICENSEE NBR: C35011 CLASS CODE: 4235 STATE NBR: STATE EXP: QUALIFIER: DALE F. HANNULA TYPE: LANDSCAPING RESTRICTED CONTR. ISSUANC-E NUMBER: 35010 INSURANCE: General Liability January 13, 2012_ Worker's Comp Exemption April 14, 2013 Worker's Compensation January 01, 2012 ORIG ISSD: EXPIRES: September 30, 2012 NOTE: It is the Qualifier's responsibility to keep z,II business, licensing and requirements current and to provide up to date copies for Collier county files. This includes all insurance certificates and any change of address information. Collier County * City of Marco * City of Naples Contractor Licensing LANDSCAPING RESTRICTED CONTR. Cert Nbr: Exp: Status: C35011 09/30/2012 Active State Nbr: Exp: Hannula Landscaping and Irrigation Inc 28131 Quails Nest Lane Bonita Sprin s L 341 Signed:G`E /�_ .— 11�& fill A': LiN HANNUL LANDSCAPING &IRRIGATION, INC. 28131 QUAIELS NEST LANE BONITA SPRINGS, FLORIDA 34135 PHONE 239 - 992 -2210 FAX 239 - 498 -6818 BID NUMBER 12 -5878 RADIO ROAD EAST MSTU LANDSCAPING AND IRRIGATION PROJECT April 11, 2012 PREQUALIFICATION REQUIREMENTS 2 -B. Verification of five (5) previous projects with a dollar value of $200,000.00 or greater (within the last (5) years) in roadway landscape and irrigation installation within the Medians in South Florida public rights of way (to be defined as the following Counties Collier, Lee, Broward, Miami -Dade and West Pahn Beach). a Name of project. b. Project description c. Project Original Bid Cost and Final Cost Upon Completion Name and phone number of contact person for that project. 28131 Quails Nest Lane, Bonita Springs, FL 34135 (239) 992 -2210 office (239) 498 -6818 fax I IG 20, il AD CNULA NDSCAPING & IRRIGATION, INC. 28131 QUAILS NEST LANE BONITA SPRINGS, FLORIDA 34135 PHONE 239 - 992 -2210 FAX 239 - 498 -6818 PRE QUALIFICATION REQUIREMENTS 2 -B Verification of five (5) previous projects with a dollar value of $200,000.00 or greater (within the last (5) years) in roadway landscape and irrigation installation within the medians in south Florida public rights of way (to be defined as the following Counties: Collier, Lee, Broward, Miami -Dade and West Palm Beach). 1. a. Name of Project: 09 -5190: Landscape & Irrigation Projects: Rattlesnake Hammock Road b. Project Description Prime Contractor. Landscape and Irrigation installation, pump stations, maintenance of traffic, electrical services, directional boring services, water meters, site work, Irrigation Motorola Controller Systems, landscape, irrigation, site and turf grass maintenance. c. Project original bid cost and final cost upon completion. Original cost: $327,140.53 Final cost: $362,849.82 d. Name and phone number of contact person for that project: Mr. Bob Peterson: Collier County ATM Department 239 - 252 -5871 Ms. Pam Lulich: Collier County ATM Department 239 - 252 -6291 2. - - -- - -- - a -- -Name of Project -10- 5415: Radio Road Phase III Part B- Landscape and- Irrigation - - Livingaton Road To Airport Pulling Road. b. Project Description: Prime Contractor. Landscape and Irrigation installation, pump station connections, maintenance of traffic, directional boring services, site work landscape and irrigation system maintenance. c. Project original bid cost and final cost upon completion. Original cost: $203,062.02 Final cost: $219,988.32 d.Name and phone number of contact person for that project: Darryl Richard: Collier County ATM Department 239 - 252 -5775 28131 Quails Nest Lane, Bonita Springs, FL 34135 (239) 992 -2210 office (239) 498 -6818 fax 3. 4. a. Name of Project: Summerlin Road Landscape & Irrigation Project From, Sanibel Island To Pine Ridge Road. b. Project Description: Prime Contractor. Landscape and Irrigation installation, landscape and irrigation maintenance, site maintenance, site work, irrigation with drip tubing and emitters, Hunter ACC Central Control System, directional boring, fencing, electrical connections, pump station connections, crushed shell installation, dumpster enclosure. c. Project original bid cost and final cost upon completion. Original cost: $ 1,964,448.39 Final cost: $ 2,146,040.82 d Name and phone number of contact person for that project: Robert DeBrocic: Lee County DOT 239 -533 -9425 a. Name of Project: Coronado Parkway And Hunter Boulevard Median Landscape And Irrigation Installation. b. Project Description: Prime Contractor. Landscape and Irrigation installation, site maintenance, site work, well drilling, pump station, electrical services, directional boring, Irrigation Motorola Controller System, maintenance of traffic. c. Project original bid cost and final cost upon completion. Original cost: $290,879.86 Final cost: $299,140.20 d Name and phone number of contact person for that project: Darryl Richard: Collier County ATM Department 239 -252 -5775 11G 5. a. Name of Project: Bayshore Road From Slater Road To Pritchett Parkway b. Project Description: Prune Contractor. Landscape and Irrigation installation, site work, directional boring, skimmer boxes, tree sumps, maintenance of traffic, site work, pump station connections, landscape, irrigation, and turf grass maintenance, sod repair. c Project original bid cost. and final. cost_ upon_.. completion. Original .$.._3.16, 065.21_ . _.... Final cost: $ 316,197.35 d Name and phone number of contact person for that project: Robert DeBrocic: Lee County DOT 239 -533 -9425 1.1 a. Name of Project: U.S. 41 Littleton Road To Charlotte County Line b. Project Description: Prime Contractor: Landscape and Irrigation installation, site work, directional boring, maintenance of traffic, tree sumps, silt fencing, sodding, hydroseeding, pump stations, welcome sign (Lee County), electrical services / connections, netafim drip tubing, landscape irrigation, and turf grass maintenance. c. Project original bid cost and final cost upon completion. Original cost $783,886.72 Final cost: $822,020.61 d Name and phone number of contact person for the project: Robert DeBrock: Lee County DOT 239 -533 -9425 28131 Quails Nest Lane, Bonita Springs, FL 34135 (239) 992 -2210 office (239) 498 -6818 fax 11G J rH-IRNN--U-LA LANDSCAPING & IRRIGATION, INC. 28131 QUAILS NEST LANE BONITA SPRINGS, FLORIDA 34135 PHONE 239 - 992 -2210 FAX 239 -498 -6818 BID NUMBER 12 -5878 RADIO ROAD EAST MSTU LANDSCAPING AND IRRIGATION PROJECT April 11, 2012 PREQUALIFICATION REQUIREMENTS 2 -C. Project documentation including number of trees, type and size of trees and palms. Number of plant beds and groundcover by type and variety. 28131 Quails Nest Lane, Bonita Springs, FL 34135 (239) 992 -2210 office (239) 498 -6818 fax i1G COLLIER COUNTY TRANSPORTATION DEPARTMENT PROJECT NAME: Rattlesnake Hammock (CR $46) _ CONTRACT Bid# 09 -6190 DATE 06/07/09 PROJECT # 66021.1 CONTRACTOR: Hannula Landscaping, Inc. PO# 4600106661 PAY APP.# Seven "C" Final DATE 06130/10 ITEM DESCRIPTION PLAN '- - - ---•• QUANTITY BASE BID GENERAL PROJECT TEMS _ 1 IPAYMENT & PERFORMANCE BOND LS 1 $ 2 MAINTENANCE OF TRAFFIC LS 1 3 3 AS -BUILT /RECORD PLANS LS 1 $ BASE BID SITE DEMOLISTION PREPARATION AND DISPOSAL $ 4 SITE PREPARATION & GRADING a. Spray - existing turf areas with contact herbicide for 100% kill. Two or more applications maybe required for kill and to keep project weed free. b. Cut and grade median per plans, notes and & G11 profile detail. c. Rotor till soft within medlans to 6" depth 12" off back of curbing. (6 total passes with rotor tiller) d. Prior to planting fine grade per plans,�notes and G/1 profile detail. (Note: Project to be weed free during construction and at final completion) SF 79,869 $ - 'v O P t S e Off/ -M"Z d-J eL v '-k 5 1 Finished Soil Layer. Topsoil-Four inch to dress layer eY 1,229 $ 6 Hourly rate to Include two laborers and one excavator with operator. HR 26 $ PLANTING MATERIALS MEDIAN TREES . 7 Florida Flame Rad Maple, 14 -16' hL6- T,spf„ 3 5" ....__._ cal., B &B. 2 _........ $ _..._ ....__ . _....._ ................. ._. ._ _.__...__.... _.. .. ...... . _. .. _........... _ __._ 8 Yellow Trumpet Tree, 10' -12' hL, 6' spr., 3.0" cal., B &B. 6 $ 9 Cathedral Live Oak, pp12015, 14' -16' ht., 6' -7' spr., 3.5" cal., B &B. JE 3 $ 10 D.D. Blanchard', 14'-16' ht., 6' -7' s r., 3.5" cal., B &B, 12 $ 11 Cra e M rtla, B' -10' ht., 8' s r. Multi -trunk 3 min. 11 12 Jatro ha, 4' ht., 3' s r„ B &B. 1s $ MEDIAN PALMS 13 Florida Thatch Palm, 6' as. ht., specimen EA 12 $ 14 Florida Thatch Palm, 4' oa. hL, specimen EA 16 $ 15 Winin Palm, 10' oa, hl., specimen EA 23 3 16 Winin Palm, 15' oa. ht., specimen EA 40 $ _ 17 Wlnin Palm, 10' Clear trunk (c.t.) ht., specimen EA 32 $ 18 Alexander Palm, 10' e.t, hl., specimen EA 6 $ 19 Cabbage Palm, 10' Booted bunk (bt.) ht., no bum FA 28 $ 20 Cabbage Palm, 16' Cleartrunk (c.t.) hl., no bum E4 22 $ MEDIAN SHRUBS 21 Dwarf Firebush, 3 gal., 24" ht./spr., 4' o.c. E4 605 $ 22 "Green Island ", 3 gal., 18" hlJspr., 3' o.c. EA 1,005 $ 23 Silver Saw Palmetto, 7 gal., 24" ht.lapr., 4' o.o. EA 164 $ 24 Muhy Grass, 3 gal., 24" ht/ spr., 4' o.c. EA 340 $ 25 Thomless Bougainvillea, 3 gal., 14" ht.lspr., 4' o.c. EA 307 $ MEDIAN GROUND COVERS 26 Coral Dwarf Crown Of Thom, 1 gal., 8" hUspr., 30" c.c. E^, 1,314 $ 27 While Dwarf Crown O(Thom, 1 gal., 8" hllspr•, 30" o.c. EA 459 $ 2B Pink Dwarf Crown Of Thom, 1 get., 8" hi./spr., 36" o.c. FA 1,909 $ lot 29 St. Augusfine'Floralam', Sod - 50% sand grown ISF 2,600 $ 30 Bahia gram'Coaslar, Bad -60 %sand grown SF 5,600 $ MEDIAN MULCH ITransportallon Blend,Grade A., Settled 3" depth, 2 cu. 0. 31 bag iIRRIGATION MATERIALS $ $ 11G -I- 4W11 c, , -A- rt�i n a� rw L n, I Nrl S La, YZ L Z� P,1 /" i21 COLLIER COUNTY TRANSPORTATION DEPARTMENT ITEM DESCRIPTION PROJECT NAME: Radio Road Phase III -Pert B Landscape & Irrigation CONTRACT Bid # 10 -5415 Livingston Rd. To Airport Pulling Road DATE 05117110 PROJECT # CONTRACTOR Hannula Landscaping And Irrigation, Inc. PO# 4500117524 (dated 4130110) PAY APP.# Five -Final DATE 01111/11 ITEM DESCRIPTION PLAN - - - - -p QUANTITY I. GENERAL PROJECT ITEMS 1 Payment and performance bond LS 1.00 $ 0.00 $ 2 Maintenance of traffic LS 1.00 $ 0.00 $ 3 As -built plans Provide and maintain) LS 1.00 $ 0.00 $ II. SITE DEMO PREP, AND DISPOSAL Time to locale existing sleeves utilizing 5 Collier Count RD-400 locator equipment HR 16.00 $ 0.00 $ ill. INSTALLED SITE MATERIALS 6 Transportation Blend, Pro Eucalyptus Colored Mulch, Forestry Resources or County approved equal (4" Fluffed Depth) 97;436 SF @ 12 SF Bag 8120.00 N W YV1 � It. � 0 6 ,+ 6140% f . C �f 2 ry 0.00 $ TREES IV. PLANT MATERIAL -V wh 7 Spicy Jatro ha Patio Tree, 25 6' ht multi Irk EA 23 $ 0.00 $ 8 Muskogee Crepe Myrtle, 16' oa multi irk EA 14 $ 0.00 $ 9 Natchez Crepe Myrtle, 16' oa multi irk EA 16 $ 0.00 $ 10 Southern Magnolia, Woe 4" cal. EA 13 $ 0.00 - $ 11 Golden Trumpet Tree, 12' oa x 6' spr, 2.5 " -3" cal EA 3 $ 0.00 $ PALMS IV. PLANT MATERIAL 12 Florida Royal Palm, 10' GW EA 17.00 $ 0.00 $ 13..___ -_ Cabba e.Palm,..10' 13 -13'(9).16'(9) ct booted - __- --_..._ EA.._ _..- __36.00 - -... -_ $. _...__....- _-._.. - .- .- __-0.00. _.._ ... __._... ___ $..__.. _..._......._ 14 Montgomery Palm, 16' oa matching EA 67.00 $ 0.00 $ 15 Foxtall Palm, 16' oe matching EA 21.00 $ 0.00 $ SHRUBS IV. PLANT. MATERIAL 16 Dwarf Flrebush, 3g 16" Fro 449.00 is 0.00 $ 17 Muhly Grass, 3g 24" EA 824.00 (e $ 0.00 $ 18 Silver Saw Palmetto, 3 16'X16" EA 258.00 $ 0.00 $ GROLINDCOVES IVY PLANT MATERIAL - - 19 Dwarf Bougainville 'helan Johnson', 3g 12x16" EA 509.00 $ 0.00 $ 20 Silhouette Dwf Bougainvillea, 3g 12x16" EA 640.00 $ 0.00 $ 21 Thal Crown of Thorns 'Big Rose', 3g, 10 "x16" EA 1500.00 $ 0.00 $ 22 Dwf Crown of Thoms'Short&Sweet' 1 g 10" EA 1220.00 $ 0.00 $ 23 Dwf Crown of Thoms.'Dinni' 1g 10" EA 3504.00 1 $ 0.00 $ 24 Green Island Ficus, 3g 12 "x16" EA 242.00 $ 0.00 $ 25 Ilex Shillings, 3g 10'X12" EA 781.00 12 $ 0.00 $ 26 Person's Juniper, 3g 10'X24" EA 1984.00 - $ 0.00 $ V. IRRIGATION MATERIAL 30 3" 1120.1220 Class 200 PVC gasket Irrigation main line with Hardco DIP fittings, Pantone Purple 5220; Main line depth 36'. To be used at the points of connection - PC. LF 410.00 $ D.00 $ 31 2' SCH 40 PVC casin . Jet Bore Installation. LF 15.00 $ D.00 $ 32 AWG 12 Gauge solid capper Insulated control wire suitable for direct burial applications - White. LF 6150.00 $ 0.00 $ 33 AWG 12 Gauge solid copper Insulated control wire suitable for direct burial applications - Yellow, Ground Spare. LF 5160.00 $ 0.00 $ 34 AWG 14 Gauge solid copper insulated control wire suitable for direct burial appllratlons - Red, Active, LF 30390.00 $ .AWG 35 14 Gauge solid copper insulated control wire suitable for direct burial applications - Green, (2) 5 are at farthest oints. LF 10660.00 $ :700 .00 $ 36 AWG 14 Gauge solid copper insulated control wire suitable for direct burial applications - Blue, Single Spare at each median except for farthest o1 nts. LF 5365.00 $ 0.00 $ 116 LEE COUNTY CONSTRUCTION CONTRACT ESTIMATE AND REQUISITION FOR PAYMENT Project Name: Summerlin Road Landscape & Irrigation Project From Sanibel Island to Pine Ridge Road ,.I o c. lamantnI Cheat and brina totals fc C MO:013 09/25/01 Sheet No. 3 A g c TOTAL SCHEDULE VALUE ITEM NO DESCRIPTION OF WORK UNIT UNIT PRICE I EST QTY VALUE —r� 0 81 SCHEDUltE:SC island Be n zSf Prd ;Sanikel $0.00 1 Mobilization /Maintenance of Traffic^ LS. 1 2 Acoelorrhaphe wrightii EA. 160 $0.001 10' -12' overall ht., multi- trunk, symmetrical, _.. _ well - balanced; -dense canopy8 =10 trunks.__...... _....._ .._ ___.._.._ .. .......... .. _ ......... .... _. _ ............ min., no staking, Field grown 3 Bursera simaruba EA. 70 $0.00 14' -16' ht. x 5.5' spr., 3 1/2" caliper min., 6' C.T., staked, 65 gal. 138 $0.00 4 Chrysobalanus icaco EA. 8' ht. x 2.5'- 3' spr., 1 1/2" caliper min., multi - trunk, 3' C.T., full, staked, 25 gal. 5 Chrysophyllum ofiviforme EA. 41 $0.00 1o' -12' ht. x 3' spr., 2 1/2" caliper, 4'0.T.. staked, 45 gal, 48 $0.00 6 Coccoioba diversifolia EA. 10' ht. x 4' spr., 2 1/2" caliper, multl- trunk, 4' C.T., staked, 45 gal. 7 Coccoloba uvifera EA. 156 $0.00 10' ht. x 4' spr., full to ground, multi- trunk, 5 stems min., staked, 45 gal. 8 Cocos nucifera 'Maypan' EA. 186 $0.00 heavy trunks, 3' x 3' rootball, grown from seed, produced in a certified breeding program, resistant to lethal yellowing, gray wood trunk heights shown on plans (5 - 8' G.W.), staked 9 Conocarpus erectus EA. 64 $0.00 10' ht. x 4' spr., 2 1/2" caliper, full to ground, staked, 45 gal. C MO:013 09/25/01 Sheet No. 3 11G Project Name: LEE COUNTY CONSTRUCTION CONTRACT ESTIMATE AND REQUISITION FOR PAYMENT Summerlin Road Landscape & Irrigation Project From Sanibel Island to Pine Ridge Road * If additional space is required, please use supplemental sheet and brinq totals foi A B c TOTAL SCHEDULE VALUE ITEM NO. DESCRIPTION OF WORK UNIT UNIT PRICE EST QTY VALUE 10 Conocarpus erectus 'Sericeus' EA. 143 $0.00 6'- 8' ht. x 2.5'- 3' spr., 1 1/2" caliper min., multi -trunk, 3' C.T., full, staked, 25 gal. 11 Ficus aurea EA. 79 $0.00 8' -10' ht. x 4' spr., 2 1/2" caliper, 4' C.T., staked, 45 gal, 12 Hamelia patens EA. 246 $0.00 6'- 8' ht. x 2.5'- 3' spr., 1 1/2" caliper min., multi- trunk, 3' C.T. min., full, staked, 25 gal. 13 Ilex vomitona EA. 84 $0.00 8' ht. x 2.5' spr., 1 1/2" caliper min., multi- trunk, 3' C.T. min., full, staked, male and - female-mix, 25 gal. __ _._.... _ . _.......... ...... _. .... _..... 14 Myrcianthes fragrans EA. 101 $0.00 8' ht. x 2.6- 3' spr., 1 112" caliper min., multi - trunk, 3' C.T., full, staked, 25 gal. 15 Piscidia piscipula EA. 17 $0.00 10' -12' ht. x 5' spr., 2 1/2" caliper, 4' C.T., staked, 45 gal 16 Piscidia piscipuia EA. 16 $0.00 12' -14' ht. x 6' spr., 3 112" caliper min., 6' C.T., staked, 65 gal. 17 Quercus virginiana EA. 40 $0.00 10' ht. x 4.5' spr., 2 1/2" caliper min., 4' C.T., staked, 45 gal. 18 Quercus virginiana EA. 44 $0.00 14' -16' ht, x 5.5' spr., 3 1/2" caliper min., 6' C.T., staked, 65 gal. 19 Roystonea eiata EA. 12 $0.00 straight & heavy trunk, 3'x 3' rootball, gray wood heights shown on plans, (8' -24' G.W.), staked, field grown C MO:013 09/25/01 Sheet No. 3 o LEE COUNTY CONSTRUCTION CONTRACT ESTIMATE AND REQUISITION FOR PAYMENT Project Name: Summerlin Road Landscape & Irrigation Project From Sanibel Island to Pine Ridge Road * If additional space is required, please use supplemental sheet and brinq totals fo A B c TOTALSCHEDULE VALUE ITEM NO. DESCRIPTION OF WORK UNIT UNIT PRICE EST QTY VALUE 20 Sabal palmetto EA. 679 $0.00 fully booted, straight and heavy trunk, Florida grown 3' x 3' rootball, clear trunk heights shown on plans (12' -.20' C.T,), staked, field grown 21 Thrinax radlata EA. 265 $0.00 6' overall ht, x 3' -4' spr., multi -trunk, 3 -5 stems, full, staked, field grown 22 Baccharis halimifofla EA. 265 $0.00 18" ht. x 9" spr., full, 3 gal. 23 Chrysobalanus icaco EA. 1,369 $0.00 18" ht. x 9" spr., full, 3 gal. as 24 Gaillardiapuldhella EA... 1,363 $0.00. 6" spr., full, 1 gal 25 Hamefia patens EA. 149 $0.00 20" ht. x 12" spr., full, 3 gal. 26 Helianthus debills EA. 4,818 $0.00 6" spr., full, 5 - 7 runners per pot,1 gal. 16 27 Ipomoea pes- caprae EA. 758 $0.00 6" spr., full, 5 - 7 runners per pot, 1 gal, I7 28 Ipomoea stolonifera EA. 1,084 $0.00 6" spr., full, 5 -7 runners per pot, 1 gal. 29 Muhlenbergia capillaris EA. 2,772 $0.00 12" ht. x 10" spr., full, 1 gal. 2� 30 Myrcianthes fragrans EA. 9 $0.00 18" ht. x 9" spr., full, 3 gal. 31 Serenoa repens EA. 886 $0.00 10" ht. x 10" spr., full, 1 gal. aol, 32 Spartina bakeri EA. 2,186 $0.00 18" ht, x 12" spr., full, 1 gal. 33 Tripsacum f1widanum EA. 521 I -L $0.00 CMO:013 09/25/01 Sheet No. 3 i 11G N WM 6,P)Vi 0 1:' P) aA/+ Al CVWV.l J2 VaM� 11G 3 LEE COUNTY CONSTRUCTION CONTRACT ESTIMATE AND REQUISITION FOR PAYMENT Project Name: Summerlin Road Landscape & Irrigation Project From Sanibel Island to Pine Ridge Road * If additional space is required. please use supplemental sheet and brina totals fo A B C TOTAL SCHEDULE VALUE ITEM NO. DESCRIPTION OF WORK UNIT UNIT PRICE EST QTY VALUE 12" ht. x 10" - 12" spr., full, 1 gal. 34 Zamiapumila EA. 1,913 $0.00 8" ht. x 8" spr., full, 8 excellent leaves, balanced mix of male and female plants, 3 gal. 35 Medium Pine Bark chips (3" wetted depth - C.Y. 100% sterilized - 175,000 sq. ft.) 2,361 $0.00 36 Crushed and washed shell, 1/2" - 1" size (1" - C.Y. 1 1/2" depth - 60,000 sq. ft.) 813 $0.00 37 Finish soil layer (4" depth for entire planting C.Y. bed area) 6,803 $0.00 38 Inlet and Drain Erosion Control throughout L.S. project 1 1 $0.001 Bahia Grass "Argentine" -sod replacement for S.F. irrigation install 1 1 113.280 $100 _1�1 1 a 3-�_ 11G COLLIER COUNTY TRANSPORTATION DEPARTMENT :ONTRACT Bldg 10 -5695 Part II PROJECT NAME Part II: "Coronado Parkrvav end Hunter Blvd M di n an Ld & Irrloatlon I 1 II I1 n' -ONTRACTDATE NTP •0311dN1 sROJECT# 4600002761 ?O # 4600125724 CONTRACTOR: D.I. F. Hannula Y APP. 6 -FNAL Address: Hannula LandscapinO and rO DATE 11129f11 28131 Qualls Nest Lana 4 SITEPREPARAT12 &GRADING TI S.F. 79.7U9 egnifa Spnn0s, FlOdda 34135 ITEM KEY OE9CAIPDON BASE BID GENERAL OJECT S PLAN QUANnTY i I ( iEOf TT 1 PAYMFJ4Ta PERFORMANCE BOND L.S. AF Acarmbrum•Flodda Flame' ' 2 MAINTENANCE OF TRAFFlC Jelro ha Inlepertime 1 ' 3 AB- BUILTIRECORD PLANS ersboeIfers Sko tie' L.S. 1 n - 11AA G `_e \� Yi a 3-�_ 11G LS. ' 4 SITEPREPARAT12 &GRADING TI S.F. 79.7U9 1 'CANT MATERIALS MEDIANTREES rooter HLi 6 AF Acarmbrum•Flodda Flame' Es. 8 JS Jelro ha Inlepertime Ea. 7 Li ersboeIfers Sko tie' 19 n - 11AA G `_e \� Yi 8 MC M M oleo cedfera q Ea. 9 OV Quercus Nrpinlma '9DtN'. Cathedral LNe Oak,p 12016 Tabebulal obieha 2 1 V �`ejj,1^J 10 - TC Es MEDIAN PALMS 15'er reasarH Ea. 14 ` 11 PE P ho .... legans Be 12 AW ACoekrrhs he vrtl hlg eabal elme6o 120 Ea. its 13 SP E En. q0 14 WB Wed ella biM mata 3 41EDNN SHRUB 9 36 " -80' Hl. 16 SH Bougalnvilleas ' Helen JOhnaon', Dwarf Bougalmglea 1,. 96 i6 Be sou ainwlleas P,'Ms Alice' Fa 123 17 8T Bou a1nMOeas 'Silhouade' Es. 106 78 HP Harnega aims'Afdean', Dwar(Flre bush Ea. 272 19 38 S aNna Naked E. 231 20 SC eareooa reparm'Clnerea' Es, 118 21 MU Muhlanber la ca glade Ee. NEDIAN GROUND COVER 916 'to3E 'Ht 535 -•�^ - - -- 22 D8 Oimdla tasmanice Ea. 1602 23 EB EYPharblamEl'Big Rose' Ee, 394 24 EK2 Eu horbla rt161, Bem0 leaf rcd Ea. 1 839 p �" '•� "" ""'-- '°"°'°'° 26 26 ZF BF Zamta puma Buldne /Mescens'Hallmark Ee. 203 wULCH 27 'fnnsponetlon Biotic Ea. IDAT0 Irdi a6on System Soume: Install 8' Well & submerslble 10 hp 230V single phase pump Mti, VFD control pump station. Well and Pump station to be 100% operailMiper plans, delalls, specifications and manufacturefs spedficatium, G b G\ J ✓qY!(• G To Include master Control & hydrometer globe mount VaN4 out rea6o cef noshing filer system With discharge sump; Well Inatalla km permgs: all Miscellaneous Compunmla, piping, wiring and filling,. 7o be equal to Naples sr�, ' r , rwl 0 C. k 2g Elechio Molor Works Mode # VFD44ETASUB•10 -230.1 Ea. 1 wm�0,0k - yq Controller, MOTOROLA Radio Hcwlo %R 1, 2, or 4OU1puUSlation irrigation Controller lm all -tkm only To Include: Mounting post set on site, grounding, whln9 eamsctlons,100 %operational per plans, delags &apeclfiwtlons, Installation and valve connections per manufactures recommendations& 29 specifications Ea 13 - 2' PVC 1120.1220 Class 2DO gaskeled main Ilna, Harco DIP fittings, by 30 banchl ,Pantone PUr Is 622C• LF. 1,154 - a' PVC 11204220 Class 200 geskeled main Ma. Huco'DIP fillings, by 31 henehing, Pa tons Purph 6220, LF 10,372 - Conbol VAre:AWG 12 ga. Wire (ground) solid copper, Insulated su6able for 32 direct budel LF. 620 Control Wlre: AWG 14 ga. Wit. (ground) solid cappay Insulated suitable for 33 direct Incho LF 1,240 - 34 2" Irrigation main One blow off points assomblytu Include ell pl I &fittings Pressure check point 0-100 PSI Liquid filled pressure gauge and air valve "Ith adequate sell 40pvc teas and outictreducersatmale& submain rnasum 36 cheek Dints. 4 - 3' main Me ganged epoxy waled Isolation gate valve witih non - rising stem 36 Nlbeo Ora rovedequal 7 2' main fine f mged epoxy waled Isolation gale valve with non -,j sing Hem - - - 37 Nihw Ora roved equal Ea. 2 2 3B Waterman AV- 160,1.5"Irriga0on afrvaaum release, Refer to delall Ea, —3g - -- Welerman AA- 6,- 26'Irrlgatomprexium reOelvaNr. Recrlvdalel - E, 4D 40 L.R. Nelson 7644, 1" Quldr coupiervalve In tallied vnlhln )umho stre valve boz Ea, - - 41 Irdga0on Quick coupon veWe ke s- swivel ell, one per tourvalves. Ea. 20 5 - — I a 3-�_ 11G CMO:013 09/25/01 11G I oy, �zo.A P,,L -r.' vif PICU LEE COUNTY CONSTRUCTION CONTRACT ESTIMATE AND REQUISITION FOR PAYMENT Project Name: Bayshore Road - from Slater Road to Pritchett Pkwy A B C ITEM NO. DESCRIPTION OF WORK UNIT —: E EST QTY VALUE A T A W "On A 4 TXT— A T T A -- I Mobilization is 1 �14$0.00 2 flex cassift e, Dahoon Holly EA 3 $0.00 #7 cont, 8' lit, full, 2' Min spd., 1.25" Cal. 3 Her cassine, Dahoon Holly EA 4 $0 .00 #15 cont., l0' ht., 30" Min spd.,I.S' Cal 4 Ilex trissine, Dahoon Holly EA 4 $0.001 —5— #15 conL, 14'ht, 31 Min spd., 2" Cal. Per cassine, Dahoon Holly EA 2 $0.00' #25 cont., 16'ht., 3' Min spd., 2.5" 6-- —29 -$D;DD multi-trunk 3 or 5 trunks, F.G., full, ---- 10-18' ht, V-6'srid. 7, r Aar 711T u in 'Florida Funne, ' lKe Maple, min #45 container, fun EA 13 $0.00 12' -14' ht, 7' spd., 5" Cad. 7b Aar ruhrian 'Florida Haim', Xed Maple, min #95 container, full EA 12 $0.00 181-24' hL, 8' spd., 5-1/2' Cal. 8 Magnalia virgininnn, Sweetbay EA 6 $0.00, Magnolia, min #15 container, full, 8' ht, 3' spd., 2" Cal. 9 Mngnotia virginiana, Sweetbay FA 7 $O.OD: Magnolia, min 925 container, full, l0' ht, 4' spd., 2.5" Cal. 1D Magnolia virgininna, Sweetbay EA 4 $0.01 Magnolia, min #30 container, full, 14' ht, 5' spd., 3" Cal. 11 Magnolia virginiana, Sweetbay EA 2 $0.00: Magnolia, min 065 container, full, 16' ht, 6' spd., 3.5" Cal. 12 distichunt, Bald Cypress, EA 4 $0.00 �Trrxodiuni min #15 container, full, W lit., 42- spd., 2-1/2" Cal. 13 Taxodifun distichunt, Bald Cypress, EA 5 $0.00 min #45 container, full, 10' ht., 54" spd., 3.5" CaL, 14 Taxodiunt distichion, Bald Cypress, EA 5 $0.00 min 465 container, full, 14' ht, 5'spd., 4.5"CaL, 15 Taxodhun disfichian, Bald Cypress, EA 1 $0.00 min #95 container, full, 161 ht., 6' spd., 5' Cal, She 7 11G �r LEE COUNTY CONSTRUCTION CONTRACT ESTIMATE AND REQUISITION FOR PAYMENT Project Name; BayshoreRoad - fromSlaterRoadtoPritchett Pkwy A S C ITEM NO, DESCRIPTION OF WORK UNIT t EST QTY VALUE 16. Pimps elliottH'Densa' , S. FL Slash 10 $0.00 Pine, min #15 container, 1EA 6' oa. ht, 36" spd., 2" Cal, 17 Eltiottii'Densa', S. FL Slash EA 10 $0.00 lPinus Pine, min #25 container, 8' oa. Ht, 42" spd., 25" Cal. 18 elliottii 'Dena' , S. FL Slash EA 10 $0.00 1pillus Pine, mini #25 container, 1D' oa. ht, 42" spd., 2.5 " CaL 19 elliottii'Densa', & FL Slash EA 5 $0.00 1pillus Pine, min #45 container, 12' oa. ht., 48' spd., 3" Cal. 20 1 Sabal palmetto, SabaL Palm, Min 15" EA 21 $0.00 161 ct,.fullpbtd hunk.— —21— Sabntpalurett�-Sabal-Palrrr, Mirt.15 "- EA—' — — - -29 - -- -- --$D:00' Cal. Trunk, 20' ct, fully btd trunk 22 Acoelorrlmphewrightii,Paurotis EA 3 $0.00 Palm, F.G., 12' ht., 5 stems min. full 23 Phjdtosperma umcartlmri, Macarthur EA 34 $0.00 Palm, F.G., 12' -14' ht., full 23a Paspabunnotnbnn'Argentine' SF 2,000 $0.00 Bahiagrass - sod repairs 24 Pine Straw Mulch Bales 372 $0.00 25 Tree sumps EA 223 $0.00 26 Maintenance of Traffic LS 1 $0.00 27 Supply G Install Smdree Tech. Inc. Grate Inlet Skimmer boxes a. GISB- C- 28- 37 -25, FDOT Type C EA 10 $0.00 ditch botton inlet, field verify size b. GISB -D- 3648 -18, FDOT Type D EA 2 $0.00 ditch botton inlet, field verify size GISB -E -36- 54-18, FDOT Type E EA 1 $0.00 1c. ditch botton inlet, field verify size A LANDSCAPE INSTALLATION SUB -TOTAL $0.00 CMO:013 09/25/01 Shea LEE COUNTY CONSTRUCTION CONTRACT ESTIMATE AND REQUISITION FOR PAYMENT C, Project Project Name: US 41 Littleton Rd to Charlotte County (40504300100.503490) A B C TOTAL SCHEDULE VALUE ITEM NO. DESCRIPTION OF WORK UNIT _ EST QTY Landscape Installation 1 Mobilization L5 1 ' $ - 2 Maintenance of Traffic LS 1 $ - NPDE5 5tormwater 3 Prevention -Silt Fence LS 1 $ - Evergladde Palm, Acoelorrhaphe Wrightii, 12- 4 14', min 7 canes, full, FL #1 EA 99 $ - Queen Crepe Myrtle, Lagerstromia speciosa, 25 5 al 7 -8' ht FL #1 EA 24 $ - Wax Myrtle, Myrica Cerifera, 10' ht, 7 -8' spr, multi, B &B, prune for 6 treeform EA 166 $ - Simpson Stoppers, Myrianthes fragrans, 25 7 gal, 6 -8' ht full FL #1 EA 70 $ - Pygmy Date Palm(single) Phoenix Roebelinii (single), 8 5 -6' ht, FL #1 EA 40 $ - Pygmy Date Palm(triple) Phoenix Roebelinii (single), 9 5 -6' ht, FL #1 EA 39 $ - CMO:013 09/25/01- Sheet 11G NV'm� 0-F mav+ _ Gt. —, AIJI G -LO WA4 Cave C3 � � � d- V av:..►� LEE COUNTY CONSTRUCTION CONTRACT ESTIMATE AND REQUISITION FOR PAYMENT Project Name; US 41 Littleton Rd to Charlotte County (40504300100.503490) A B C TOTAL SCHEDULE VALUE ITEM NO. DESCRIPTION OF WORK UNIT EST QTY Royal Palm, Roystonea elata, 20 -22' OAH, 6' CW min, 10 17" min cal @ 1', FL #1 EA 3 $ - Royal Palm, Roystonea elata, _ ... .......... .24 -28'.. OAH. -8 —CW min, _..._.._ _...._.... _ _.... 11 17" min cal @ 1', FL #1 EA 3 $ - Royal Palm, Roystonea elata, 28 -30' OAH, 10' CW min, 12 17" min cal @ 1', FL #1 EA 3 $ - Desert Cassia, Senna polyphylla, 25 gal, 6' ht, 13 full FL #1 EA 33 $ - Walter Viburnum, Viburnum obovatum, 45 gal, single, 6- 14 8' ht, full, FL #1 EA 4 $ - Foxtail Palm, Wodyetia 15 bifurcate, 12' ht, FL #1 EA 2 $ - Foxtail Palm, Wodyetia 16 bifurcata, 16' ht, FL #1 1EA 1 $ - CMO:013 09/25/01 Sheet 11G LEE COUNTY CONSTRUCTION CONTRACT ESTIMATE AND REQUISITION FOR PAYMENT Project Name: US 41 Littleton Rd to Charlotte County (40504300100,503490) A B C TOTAL SCHEDULE VALUE ITEM NO. DESCRIPTION OF WORK UNIT EST QTY Silver Saw Palmetto, 5erenoa repens'cinerea', 3 17 al full FL #1 EA 15 $ Native Blue Porterweed, 5tachytarpheta jamaicensis, 3 gal, full, 18 _ FL #1 EA ..... _ _- 74. _$ Muhiy Grass, Mulhenbergia cappalaris, 1 gal, 36" oc, 19 full, FL #1 or better EA 3,084 $ Fakahatchee Grass, Tripsacum dactyloides, 1 20 al 36" oc full FL #1 EA 1,635 $ Perennial Peanut, Arachis glabrata'Arblick', 1 gal, 21 full 36" oc FL #1 EA 2,390 $ Yellowtop, Flaveria linearis, 22 1 gal, full, 36" oc, FL #1 EA 202 $ Beach Dune Sunflower, Helianthus debillis, 1 gal, 0'p 23 full 36" oc FL #1 EA 31173 $ CMO:013 09/25/01 Shed I* of 11G LEE COUNTY CONSTRUCTION CONTRACT ESTIMATE AND REQUISITION FOR PAYMENT Project Name: US 41 Littleton Rd to Charlotte County (40504300100.503490) A B C TOTAL SCHEDULE VALUE ITEM NO. DESCRIPTION OF WORK UNIT _. ..___ EST QTY Parson's juniper, 3uniperus chinensis' parsonii', 1 gal, 24 full, 36" oc, FL #1 EA 3,971 $' Sunshine mimosa, Mimosa splglllosa 1 gal 36" oc full, -- - 25- _...FL #1..- - EA. ...._ 1,253.._.$ ....�5. .... Dwf Indian Hawthorn, Raphiolepis indica 'Georgia Petite', 3 gal, full, 36" oc, 26 FL #1 EA 1,881 $ - Asiatic jasmine, Trachelospermum asiaticum, 1 gal, full, 36" oc, Z7 FL #1 EA 668 $ . Variegated asiatic jasmine, Trachelospermum asiaticum varigated' 1 gal, full, 36" 28 oc FL #1 EA 1,973 $ - Dwf Yuapon Holly, Ilex vomitoria,'5tokes Dwarf', 27 3 gal, full, 36" oc, FL #1 EA 359 $ Coontie, Zamia pumila, 3 29 al, full, 36" oc, FL #1 EA 869 $} CMO:013 09125/01 Sheet -)�- oi;� (�i 11G J � �` 2ANNUL LANDSCAPING & IRRIGATION, INC. 28131 QUAILS NEST LANE BONITA SPRINGS, FLORIDA 34135 PHONE 239- 992 -2210 FAX 239 - 498 -6818 BID NUMBER 12 -5878 RADIO ROAD EAST MSTU LANDSCAPING AND IRRIGATION PROJECT April 11, 2012 PREQUALIFICATION REQUIREMENTS 2 -D. List of owned and or leased equipment. 1. All equipment is owned. No equipment is leased. 2. All equipment is in good working condition. 11G I 28131 Quails Nest Lane, Bonita Springs, FL 34135 (239) 992 -2210 office (239) 498 -6818 fax 11G Hannula Landscaping and Irrigation Vehicle and Equipment Identification Year Vehicle Description GVW I_andsmne - Vehicle 1994 9432 Ford 1994 1-8000 54,999 1996 9604 International 4700 Flat Bed 25,999 4-996 4784 Dodge 1509 PGk UP 6 99 1998 9806 Ford F -800 W5075 Flat Bed w /Crane 54,999 49-99 49N �„ra F 150 oi„I. � p Ext Gab ,--0 6;89 1999 9930 International 4700 Flat Bed Dump Truck 25,500 2001 2005 Lexus RX300 Ford F -350 Dual Utility Body 2007 2006 Lexus RX350 Ford F250 Super Duty Utility Body 2003 0315 Ford F -150 Pick -up 6,800 2004 0419 Ford F -350 Dual Flat Bed Dump 11,000 2006 0624 Ford F -250 Super Duty 44 Ext Cab 8,600 2006 0626 Ford F -550 Crew Cab Dual 44 Dump 14,000 2006 0627 Ford F -350 Mechanic Dual Flat Bed 11,000 2006 0631 Ford F -650 Water Truck 26,000 2009 0933 Ford F -250 Super Duty 9,000 Irrinatinn - Vehicle 4N9 992-9 Ford F -150 Pick -up 4-97� 1990 9018 GMC Step Van (silver) 12,000 1990 9001 Chevy'Step van (silver) 10,000 1993 9303 Chevy Step van white 10,000 299 I gig Cord E GnnnnliRe Vten 1/1/ronLerl i A -251 2002 0211 Ford F -250 Pick -up 4x4 8,600 2005 0522 Ford F -350 Dual Utility Body 11,0004 2006 0628 Ford F250 Super Duty Utility Body 8,600. Maintpnnnr.P- VPhirlP 2000 0008 Ford F -150 Pick -up 6,800 2001 0109 Ford E -250 Econoline Van 8,600 2002 0212 Ford F -150 Pick -up 6,800 2002 0213 Ford F -250 Pick -up 4x4 8,600 2003 0314 Ford F -350 Dual Flat Bed Dump 11,000 2003 1 0316 1 Ford F -250 Pick -up 4x4 8,600 11G Hannula Landscaping and Irrigati ®n Vehicle and Equipment Identification Year Vehicle # Description GVW 2004 0417 Ford F -250 Pick-up 4x4 8,600 2005 4263 Chevy 3500 Dual Flat Bed Dump 11,000 2005 0520 Ford F -250 Pick -up 44 8,600 2006 0625 Ford F -350 Crew Cab Dual 44 VV/Bed 13,000 2006 0623 Ford F -150 Pick -up 44 Ext Cab 7,000 2009 0934 Ford F -150 Pick -up 2 door 7,000 2009 0935 Ford F -350 4 door 12' dump 13,000 2009 0936 Ford F -350 4 door 12' dump 13,000 2009 0937 Ford F -350 4 door 12' dump 13,000 2010 1044 Chevy 3500 4 door 8' dump 11,400 2010 1045 Chevy 3500 2 door Chemical Truck 11,400 2011 1146 Ford F -350 4 door 12' dump 2011 1147 Ford F -350 2012 1250 Ford F -350 Superduty 2012 1251 Ford F -350 Superduty Maintenance - Trailer 2007 T0714 Trailer Horton Hauler 8x20 V -Nose 10400 2008 T0817 Trailer O'Dell 7x20 V -Nose 10400 2009 T0918 Trailer O'Dell 8x20 V -Nose 10400 2008 T0942 Utility Trailer 6x12 3500 2010 T1039 Trailer O'Dell 8x20 V -Nose 10400 2010 T1040 Trailer O'Dell 8x20 V -Nose 10400 2009 T0941 Trailer O'Dell 8x16 V -Nose 2010 T1042 Trailer. SouthWest 8x20 Flat 10400 2010-- T1043 Trailer SouthMst 8x20 Flat 10400 2011 T1148 Trailer Covered 8x20 3200 2011 T1149 Trailer Lark 8.5x20 3380 Landscape - Trailer 1990s T0004 ITrailer 5x10 Utility Black (Dales) 1 3500 1998 T9802 I Trailer Custom 10T242 Dual Tandem 1 20,000 11G � 1 Hannula Landscaping and Irrigation Vehicle and Equipment Identification Year Vehicle # Description GVW 1995 -t-Q3Q6 Trails ', -f�ti rv'"y 2005 T0507 Water Trailer, 500 Gallon #1 2006 2006 T0608 Water Trailer, 500 Gallon #2 2006 2006 1 T0609 jArrow Board Trailer MOT ST4815 1,750 2006 T0715 Arrow Board Trailer MOT ST4815 1 1,750 2006 1 T0613 I Rolls Rite Trailer Fifth Wheel 35' t 8,000 Irrigation - Trailer 1996 T9601 Trailer Black 7x18 Tandem 10,000 1995 T0003 Trailer yellow 6x12 Tandem 7,000 2006 T0610 Arrow Board Trailer MOT ST4815 1,750 2006 T0611 .3,700 2006 T0612 Trailer 6' -10 "x18', 7 ton black Tropic 14,000 1982 T8216 Black 5x10 Rolls Rite 3,700 11G O m cn CD CD o O d N N r- 0 00 C m C Q) C a) U O > m C a W a) a) � n IZ n Q C) n- _ W Q O Co a) 0 o —°n ( L U o � o `o m 1) a) o E E E E a) U n n L o L ° o a w E a) �W N -00000 (�6 ❑ ❑ ❑ F- in ��oo=E d L o -- U C U L U L U �� p N Ze N N N N N N U r r Lo m N 0 cn m O m • ` X m DI s s N N N m a) m Q) w a) w Q °O a) O O O O • _ a) • ` a) C 4) — .0 >2 Q .a >2 "O "O "6 "a -d m a O L -6 'O -O 'O m O a) O m m Q) Cr, "O a) m m m m m p O O O O a) a) a) a) a) Q L L L m C L C L C L C C r O N d d d d V d N p m m m ui m U) d �r � 'T � 'IT d c+xi U) U m E m E m E m E m E Q C C C C C C C C G C O •�- a � a ` o a) a) m CM al o) o m E U Un Un U) I U) I U) 1 w I Cn I U) 1 0 I U) I U) I m I E E E O I 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 O m O m O m m m m m m m m m m m Q U1 _s 2E yi 2 2i �E :2 2:E 2 2 n cG m m m Un Un 0 m m m z°z° O O O ti i` a0 W O (9 O O O7 O O O O m m O O m O O O O O O O O O O O O O O O O Cl O O O O O O O O O O O O O O O O O O O 010 O O O O N N N N N N N N N N N N N N N N N N N N N 11G - L-1 --L _F - I _I_ O m CD CD o O d N N r- 0 00 C m C Q) C a) U O > m C a W E o p O E E •C n- _ t() O Co a) 0 U ( L U L U L m Q E a) U N C a L L L L C a) U N v (�6 ❑ ❑ ❑ F- in chi d L o -- U C U L U L U u' p - L-1 --L _F - I _I_ O O O O O O M O N N N— W W O O O O O O W W W W W W O O O O 12, O O O O O O O O O O r N r N N N 0 N O I N 'N" m 0 0 d N N cn 00 Q r O O O O O O M O N N N— W W O O O O O O W W W W W W O O O O 12, O O O O O O O O O O r N r N N N 0 N O I N 'N" i1G U � 7 C U1 4- L i N Lr) c? ~ U) }ul O N O 07 > O C V N ` N co O a. 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IRS W -4 Form and proof certification of the firm's employee qualifying the firm as to meeting the Collier County's Maintenance Of Traffic policy requirements. 28131 Quails Nest Lane, Bonita Springs, FL 34135 (239) 992 -2210 office (239) 498 -6818 fax 11G ®� Complete all worksheets that apply. However, you Income, see Pub. 505 to find out If you should adjust kl= ®It u u u �� Q � may claim fewer (or zero) allowances. For regular your withholding on Form W -4 or W-4P. wages, withholding must be based on allowances TW6 earners or multiple jobs. If you have a Purpose. Complete Form W -4 so that your you claimed and may not be a flat amount or percentage of wages. working spouse or more than one job, figure the employer can withhold the correct federal income total number of allowances you are entitled to claim tax from your pay. Consider completing a new Form Head of household. Generally, you can claim head on all jobs using worksheets from only one Form W -4 each year and when your personal or financial of, household filing status on your tax return only if W -4. Your withholding usually will be most accurate situation changes. you are unmarried and pay more than 501/6 of the when all allowances are claimed on the Form W -4 Exemption from withholding. If you are exempt, costs of keeping up a home foryourself and your for the highest paying job and zero allowances are complete only lines 1, 2, 3, 4, and 7 and sign the dependent(s) or other qualifying Individuals. See claimed on the others. See Pub. 505 for details. form to validate it. Your exemption for 2012 expires Pub. 501, Exemptions, Standard Deduction, and Filing Information, for information, Nonresident alien. if you are a nonresident alien, February 18, 2013. See Pub. 505, Tax Withholding see Notice 1392, Supplemental Form W -4 and Estimated Tax. Tax credits. You can take projected tax credits into Instructions for Nonresident Aliens, before Note. If another person can claim you as a account In figuring your allowable number of completing this form. dependent on his or her tax return, you cannot claim exemption from withholding If our income exceeds P g y withholding allowances. Credits for child or dependent care expenses and the child tax credit Check your withholding. Afteryour Form W-4 takes effect, use Pub. 505 to see how the amount you are $950 and includes more than $300 of unearned Income (for example, Interest and dividends). may be claimed using the Personal Allowances y g Worksheet below. See Pub. 505 for information on having withheld compares to your projected total tax for 2012. See Pub. 505, especially Ifyour earnings Basic instructions. If you are not exempt, complete converting your other credits Into withholding allowances. exceed $130,000 (Single) or $180,000 (Married). the Personal Allowances Worksheet below. The worksheets on page 2 further adjust your Nonwage income. If you have a large amount of Future developments. The IRS has created a page on IRS.gov for information about Form W -4, at withholding allowances based on Itemized deductions, certain credits, ad adjustments to Income, 1 nonwage Income, such as Interest or dividends, consider making estimated tax payments using Form www.frs.govlw4, Information about any future developments affecting Form W -4 (such as or two- earners /multiple jobs situations. 1040 -ES, Estimated Tax for Individuals. Otherwise, you legislation enacted after we release It) will be posted U1 uluk pnyw. Personal Allowances Worksheet (Keep for your records.) A Enter "1 " for yourself If no one else can claim you as a dependent . . . . , . . . . . . . . . . . . A You are single and have only one job; or l B Enter "1" if: a You are married, have only one job, and your spouse does not work; or 1 B r Your wages from a second job or your spouse's wages (or the total of both) are $1,500 or less. C Enter "1" for your spouse. But, you may choose to enter " -0 -" if you are married and have either a working spouse or more than one job. (Entering " -0 -" may help you avoid having too little tax withheld.) . . . . . . . . . . . . . . C D Enter number of dependents (other than your spouse or yourself) you will claim on your tax return . . . . . . . . D E Enter "1" if you will file as head of household on your tax return (see conditions under Head of household above) E F Enter "1" if you have at least $1 ,900 of child or dependent care expenses for which you plan to claim a credit F (Note. Do not include child support payments. See Pub. 503, Child and Dependent Care Expenses, for details.) G Child Tax Credit (including additional child tax credit). See Pub. 972, Child Tax Credit, for more Information. " If your total Income will be less than $61,000 ($90,000 if married), enter "2" for each eligible child; then less "1" if you have three to• seven eligible children or less "2" if you have eight or more eligible children. If yourtotal income will be between $61,000 and $84,000 ($90,000 and $119,000 if married), enter "T' for each eligible child . . . G H Add lines A through G and enter total here. (Note. This may be different from the number of exemptions you claim on your tax return.) j> H o if you plan to Itemize or claim adjustments to income and want to reduce your withholding, see the Deductions For accuracy, and Adjustments Worksheet on page 2. complete all If you are single and have more than one job or are married and you and your spouse both work and the combined worksheets--- -- _earnincis _from- aU- lobs_exceed-$-40; 0001$10; 040= jf- married);_aee_the_T_wo_Earners /Multiple Jobs: Worksheet_oa oacte_Zta If neither of the above situations applies, stop here and enter the number from line H on line 5 of Form W -4 below. ---- - -- - -- ------ - - - - -- Separate here and give Form W -4 to your employer. Keep the top part for your records. Form ------------------------ Em ployee's Withholding Allowance Certific ate OMB No. 1545-0074 Department of the Treasury D Whether you are entitled to claim a certain number of allowances or exemption from withholding is Intemal Revenue Service subject to review by the IRS. Your employer may be required to send a copy of this form to the IRS. ®1 1 Yourfirst name and middle initial Last name 2 Your social security number 1�-) �C aN J Home address (number and street or rural route) 3 ❑Single XMerried ❑Married, but withhold at higher Single rate. 02 1%1 t�v<o, ; �S N f S'C' � et p►� - Note. If married, but legally separated, or spouse Is a nonresident alien, check the "Single" box. '""' ' " " " "' °` °` °' °" "' 1 _ 1 4 If your last name differs from that shown on your social security card, f3UN S Y� (�N 1 uvz , 3'ti j 3 5 check here. You must call 1- 800 - 772 -1213 for a replacement card. lil ❑ 5 Total number of allowances you are claiming (from line H above or from the applicable worksheet on page 2) 5 6 Additional amount, If any, you want withheld from each paycheck . . . . . . . . . . . . . . 6 $ 7 1 claim exemption from withholding for 2012, and I certify that I meet both of the following conditions for exemption, • Last year i had a right to a refund of all federal income tax withheld because i had no tax liability, and • This year I expect a refund of all federal income tax withheld because I expect to have no tax liability. if you meet both conditions, write "Exempt" here . . . . . . . . . . . . . . . ® 17 Under oyee's signature form is not valid unless you sign it.) Employer's name and address (Employer Complete fines 8 and 10 only if sendino to of my knowledge and belief, It is true, correct, and complete. 1) to ii� �/a f P 1) / 2 9 Office code (opfional) 1 10 Employer identification number For Privacy Act and Paperwork Reduction Act Notice, see page 2. Cat. No. 10220Q Form W -4 pi 2) 11G"" --, Form �� ail }� Complete all worksheets that apply. However, you Income, see Pub. 505 to find out if you should adjust u W 1 ) may claim fewer (orzero) allowances. For regular your withholding on Form W-4 or W -4P. wages, withholding must be based on allowances Two earners or multiple jobs. If you have a Purpose. Complete Form W-4 so that your you claimed and may not be a flat amount or working spouse or more than one job, figure the employer can withhold the correct federal income percentage of wages. total number of allowances you are entitled to claim tax from your pay. Consider completing a new Form Head of household. Generally, you can claim head on all jobs usfnq worksheets from only one Form W-4 each year and when your personal or financial of, household filing status on your tax return only If W -4. Your withholding usually will be most accurate situation changes. you are unmarried and pay more than 50% of the when all allowances are claimed on the Form W -4 Exemption from withholding. If you are exempt, costs of keeping up a home foryourseif and your for the highest paying job and zero allowances are complete only lines 1, 2, 3, 4, and 7 and sign the dependent(s) or other qualifying individuals, See claimed on the others, See Pub, 505 for details. form to validate it. Your exemption for 2012 expires Pub. 501, Exemptions, Standard Deduction, and Nonresident alien. If you are a nonresident alien, February 18, 2013. See Pub. 505, Tax Withholding Filing Information, for information. see Notice 1392, Supplemental Form W -4 and Estimated Tax. Tax credits. You can take projected tax credits Into Instructions for Nonresident Aliens, before Note. If another person can claim you as a account in figuring your allowable number of completing this form. dependent on his or her tax return, you cannot claim withholding allowances. Credits for child or p Y wi dependent can: expenses and the child tax credit Check your withholding. After your Form W-4 takes exemption from withholdtng if your income exceeds P P effect, use Pub. 505 to see how the amount you are $950 and includes more than $300 of unearned may be claimed using the Personal Allowances having withheld compares to your projected total tax Income (for example, Interest and dividends). Worksheet below. See Pub. 505 for information on for 2012. See Pub. 505, especially If your earnings Basic instructions. If you are not exempt, complete converting your other credits into withholding exceed $130,000 (Single) or $180,000 (Married). Y P P allowances. the Personal Allowances Worksheet below. The Future developments. The IRS has created a page worksheets on page 2 further adjust your Nonwage income. If you have a large amount of on IRS.gov for Information about Form W -4, at withholding allowances based on Itemized rnonwage income, such as interest or dividends, www.irs.gov 1w4, information about any future deductions, certain credits, adjustments to income, consider making estimated tax payments using Farm I 1040 -ES, Estimated Tax for Individuals. Otherwise, you developments affecting red e Form W-4 (such as or two- eamerslmultipie jobs situations, legislation enacted after we release it) will be posted may owe additional tax. if you have pension or annuity on that page. Personal Allowances Worksheet (Keep for your records.) A Enter "1 " for yourself if no one else can claim you as a dependent . . . . . . . . . . . . . . . . . . A ( °You are single and have only one job; or l T— R Enter "1 " if: j ° You are married, have only one job, and your spouse does not work; or j R t ° Your wages from a second job or your spouse's wages (orthe total of both) are $1,500 or less. JJJ -�- C Enter "1" for your spouse. But, you may choose to enter " -0 -" if you are married and have either a working spouse or more than one job. (Entering " -0 -" may help you avoid having too little tax withheld.) . . . . . . . . . . . . . . C D Enter number of dependents (other than your spouse or yourself) you will claim on your tax return . . . . . . , . D E Enter "1" if you will file as head of household on your tax return (see conditions under Head of household above) E F Enter "1" if you have at least $1,900 of child or dependent care expenses for which you plan to claim a credit F (Note. Do not include child support payments. See Pub. 503, Child and Dependent Care Expenses, for details.) G ' Child Tax Credit (including additional child tax credit). See Pub. 972, Child Tax Credit, for more information. ° If your total income will be less than $61,000 ($90,000 if married), enter "2" for each eligible child; then less "1" if you have three to• seven eligible children or less "2" if you have eight or more eligible children. _ If yourtotal income will be between-$61-,000 and - $84000 90 000 and $119,000 ifmarried), enter "1 "for each eligible child _ . _ _ _ _ G H Add lines A through G and enter total here. (Note. This may be different from the number of exemptions you claim on your tax return.) >- H - For accurac , ((( ° if you plan to itemize or claim adjustments to income and want to reduce your withholding, see the Deductions Y and Adjustments Worksheet on page 2. complete.all - -° ji y -and or-are married_anctyou _and- your-spcuse_both_work-and the combine_t _ ct that apply. I avoid having too little tax withheld. - 1 ° If neither of the above situations applies, stop here and enter the number from fine H on line 5 of Form W -4 below. --------------- - - - - -- Separate here and give Form W -4to your employer. Beep the top part foryour records. ----- — ---------------- — ------ -- Farm CmPl®yeeos Withholding Alllo wanc+�e Cher tifica�te OMB No. 1545-0074 Department of the Treasury Whether you are entitled to claim a certain number of allowances or exemption from withholding is -6;J) O Igl intemel Revenue Service subject-to review by the IRS. Your employer may be required to send a copy of this form to the IRS. ttl i Your first name and middle Initial Last name 2 Ycursocialsecuritvnumber Han Ue. 1 0. Home address (number and street or rural route) 1 3 ❑Sin le C Man led ❑ Married but withhold at higher Single rate. Jf S Note. If married, but legally separated, or spouse Is a nonresident alien, check the `Single" box. J City11or town, state, and ZIP code 4 If your last name differs from that shown on your social security card, check here. You must call 1- 800- 772 -1213 for a replacement card. A ❑ 6 Total number of allowances you are claiming (from line H above or from the applicable worksheet on page 2) 5 6 Additional amount, if any, you want withheld from each paycheck . . , . . . . . . 6 $ 7 1 claim exemption from withholding for 2012, and I certify that I meet both of the following conditions for exemption. • Last year I had a right to a refund of all federal income tax withheld because I had no tax liability, and • This year I expect a refund of all federal income tax withheld because I expect to have no tax liability. If you meet both conditions, write "Exempt" here . . . . . . . . , It- 17 Under. penalties of perjury, I declare that I have examined this certificate and, to the be cf y4nowledge and belief, it is true, correct, and complete. Employee's signature (This form is not valid unless 8 Employer's name and, and 10 only If sending to the IRS.) Rate a �� a 10 Employer Identification number (EIN) For Privacy Act and Paperwork Reduction Act Notice, see page 2. Cat. No. 10220Q Form W -4 (201 2) 11 0 roD ti Q, o•o N C7 v � . Q -- AREA a WOW 0 roD ti Q, o•o N C7 v � . Q -- Ln MR, 4-4 re.. tQ 01 11G 11G f tt> 4F4fflfjf� \ �'l'7,¢,)i� ��''�_i �y jJ• ' t r /li t i 17 ` }5' !lr •` � i`f � ! f1�1t1 4' �rf \��' �na°l 7 'ii • � Y4 ! ,, t � r '� lid,, i r/r tt;l ••.. >iY �� ( ��tti� i r).Y�� `f \� ;"% /,<� h �• ��n r, � 1 r ^2� � � �f `t��'• 1 Lea ��\ %� 5•� Y.i S n! �V \ 4a �1 r� /r r y r • tom; \ate it 1 r aY �f�� y .� xe\•iWi�'�,f }fir / - 6� �7.�" }}}••• pp�� _�1 R- _ \ •r`ij�yil/ qqU�� 1'^3 �M3` ® t� - �• :•y�ji Fe.\g6l \ir Via+- r3- �,;si;t i � � � ^0i Q� � i•�+ - r�r= + +l i�f }�� !! p•� Gfd , !cam _ _:.•:^'x'* +f< �Qj l•` >•�++� Li .............. ,FT i' �1.• _� rim 1"-i y rq yti�,� T 1 1� I .� � 1. .11 . 143 11 7:3U Lo FIS 15—�-,;Z777 LL 70 Am 1 5.1 ILL LD 1� I .� � 1. .11 . 143 11 7:3U Lo FIS 15—�-,;Z777 LL 70 ILL 1� I .� � 1. .11 . 143 11 11G 7:3U Lo FIS 15—�-,;Z777 LL 70 cu LD 11G Ud FIS 15—�-,;Z777 LL 70 11G FIS LL cu iiG �r HRNNUL(� LANDSCAPING & IRRIGATION, INC, 28131 QUAILS NEST LANE BONITA SPRINGS, FLORIDA 34135 PHONE 239 - 992 -2210 FAX 239 - 498 -6818 BID NUMBER 12 -5878 RADIO ROAD EAST MSTU LANDSCAPING AND IRRIGATION PROJECT April 11, 2012 PREQUALIFICATION REQUIREMENTS 2 -F Documentation Of Previous Motorola Irrigation Control System Installation Or Equivalent a. Project description and work specifications. b. Time of performance. C. Names and telephone numbers of individual references familiar with Bidder's project performance and area included in scope of work. d. Dollar amount of contract or project. 28131 Quails Nest Lane, Bonita Springs, FL 34135 (239) 992 -2210 office (239) 498 -6818 fax 11 G HANNULA L?1- NOE.=PI4 Q % IRRIIaAllON 1W, FOUNDED 1992 CONTRACTOR'S EXPERIENCE, RE FE RENCES AND COMMUNICATION EQUIPMENT LANDSCAPING & IRRIGATION INSTALLATION PROJECTS CONTRACTOR'S (5) YEARS EXPERIENCE AS A LANDSCAPE, IRRIGATION, AND MAINTENANCE CONTRACTOR. 1. Evidence Of (5) Years Experience In Specific Area Of Expertise For which Services Are Provided. The Following projects specifically include landscape installation, irrigation system installation, irrigation system with drip tube emitters, pump station installation, well drilling, sign fabrication and installation, fencing, hardscapes, landscape maintenance, directional boring, maintenance of traffic, installing landscape materials with cranes, electrical service, irrigation system maintenance, turf grass maintenance, site maintenance, irrigation Motorola control equipment installation and maintenance, and mitigation restoration. _....... Name-of Project Account_... Contract_ _ Start./ _ Owner/. Contact Amount Complete 1. Golden Gate Parkway $1,317,845.00 2007 -2008 Collier County ATM Dept. Grade Separated Overpass 2885 S. Horseshoe Drive Naples, Florida Naples, Florida 34104 Two Miles Roadway Medians Mr. Bob Petersen 239 -252 -5871 Services Provided: Prime Contractor: Landscaping and Irrigation Installation, Landscape and Irrigation Maintenance, Maintenance Of Traffic, Irrigation System Maintenance, Site Maintenance, Site Work (Demolition And Grading) Turf Grass Installation And Maintenance, Mitigation Restoration, Motorola Irrigation Control Equipment Services, Sub Contracted: Directional Boring And Electrical Services. 11G 2. Gulf Coast Town Center $3,607,900.00 2005 -2007 CBL & Assoc. Estero Florida Chattanooga Tennessee 15 Acre Shopping Center Mr. Brian Stoker 423 - 855 -1550 Services Provided: Sub Contractor to General Contractor: Landscaping and Irrigation Installation, Directional Boring, Signage Installation, Fencing, Site Work, Hardscapes, Maintenance of Traffic, Irrigation System. Landscaping, Turf Grass, and Irrigation System Maintenance During Construction, And Until Two Year Final Acceptance, Mitigation Restoration. Rainbird MDC 2 -Wire Central Control System. 3. U.S 41 Corkscrew Road $1,685,291.00 2007 -2008 Lee County DOT To Northern City Limits Operations Of Bonita Springs 5560 Zip Drive Bonita Springs Ft. Myers, Florida 33905 Three Plus Miles Roadway Medians Bob DeBrock 239 - 533 -9425 Services Provided: Prime Contractor: Landscaping and Irrigation Installation, Landscape And Irrigation Maintenance, Maintenance Of Traffic, Irrigation System Maintenance, Site Maintenance, Irrigation System With Drip Tubing and Emitters, Site Work, Turf Grass Installation and Maintenance, Hunter ACC With Telephone Module Central Control, Subcontracted Directional Boring And Electrical Services. 4. S.W. FL. Regional $2,232,555.00 2004 -2005 Lee County Port Authority Airport Steve Monk- John Carlo Ft. Myers, Florida 239- 707 -1126 Airport Building, Parking, and Common Areas Services Provided: Subcontractor to General Contractor: Landscape and Irrigation System Installation, Sign /Gazebo Fabrication and Installation, Fencing Maintenance of Traffic, Site Work, and Electrical Services. Landscaping, Turf Grass, and Irrigation System, Hunter Central Control System IMMS 2.0 Maintenance During Construction and Until One Year Final Acceptance; Mitigation Restoration. 5. U.S. 41 SR 90 $973,859.00 2007 -2007 Tamiami Trail East Phase D Naples, Florida Two Miles Roadway Medians and ROW Collier County ATM Department 2885 S. Horseshoe Drive Naples, Florida 34104 Mr. Bob Petersen 239 -252 -5871 Services Provided: Prime Contractor Landscape And Irrigation System Installation, Pump Installation, Signage Repair, Maintenance Of Traffic, Electrical Services, and Site Work. Landscaping, Turf Grass, Irrigation System, and Site Maintenance during Construction, and Irrigation Motorola Controller systems installation and service: Subcontracted Directional Boring and Electrical Services. 6. Azure at Bonita Bay $749,125.00 Bonita Springs, Florida High Rise Condominium 11G 2005 -2006 Lutgert Companies 4200 Gulf Shore Blvd. N. Naples, Florida 34103 Michael Hoyt 239 - 261 -6100 Services Provided: Subcontractor to General Contractor: Landscape and Irrigation System Installation, Electrical Services, Tower Crane Direction, Water Meter Connections. Landscaping, Turf Grass, and Irrigation System Maintenance During Construction. 7. Airport Pulling Road $506,749.00 2004 -2004 Collier County ATM Dept. Naples, Florida_ __ ..._ ..... .. ....... 2885 S. Horseshoe Drive Two Miles Roadway Medians and ROW Naples, Florida 34104 Ms. Pam Lulich 239- 252 -6291 Services Provided: Prime Contractor: Landscape and Irrigation System Installation, Electrical Services, Site Work, Maintenance of Traffic. Landscape, Turf Grass, and Irrigation System and Site Maintenance During Construction And Ongoing Current Contract. 8. Golden Gate Blvd. $478,939.00 2003 -2007 Phase III, Phase II Phase I Naples, Florida Three Plus Miles Roadway Medians and ROW Collier County ATM Dept. 2885 S. Horseshoe Drive Naples, Florida 34104 Scott Windham 239 - 390 -1936 Services Provided: Prime Contractor Landscape And Irrigation System Installation, Electrical Services, Directional Bore Services, Well Drilling, Signage, Maintenance Of Traffic, Site Work. Landscaping, Turf Grass, Irrigation System Maintenance during Construction and Ongoing Current Contract. Irrigation Motorola Controller Systems Installation And Service. 9. Collections AT $1,094,819.00 2006 -2007 Woolbright Development Vanderbilt Naples, Florida Naples, Florida Laura Sloat Five Plus Acre Shopping Center 239 -596 -2807 Services Provided: Sub Contractor To Developer: Landscape And Irrigation Systems Installation, Site Work, Tree Relocation, Irrigation Maintenance. Landscaping, And Turf Grass Maintenance During Construction and Ongoing Current Contract, and Mitigation restoration. 10 Livingston Road $, 1,015,702.00 2004 -2005 Collier County ATM Dept. Immokalee To The 2885 S. Horseshoe Drive Collier County Line Naples, Florida 34104 Naples, Florida Bob Petersen Five Plus Miles Roadway Medians And ROW 239- 252 -5871 Services Provided: Prime Contractor: Landscape And Irrigation Systems Installation, Electrical Services, Directional Boring Services, Water Meter Connections, Pump Stations, Maintenance Of Traffic, Site Work. Landscape, Turf Grass, and Irrigation System Maintenance During Construction. 11 U.S. 41 Boy Scout Drive $934,674.00 2007 -2008 Lee County DOT . Fowler Street To College __ _ __ __ ........ _ Operations _.._ Parkway 5560 Zip Drive One Plus Mile Roadway Medians Ft. Myers, Florida 33905 Bob DeBrock 239 -533 -9425 Services Provided: Prime Contractor: Landscape And Irrigation Systems Installation, Electrical Services, Directional Boring Services, Pump Stations, Maintenance Of Traffic, Site Work, Concrete Removal, Trellis Installation, Irrigation System With Drip Tubing And Emitters, Irrigation Hunter ACC Telephone Central Control System Installation / Maintenance, Landscape, Irrigation, and Site Maintenance. 12 Bonita Beach Road $783,450.00 2007 -2008 Landscape & Irrigation Project From Mango Drive To I -75 Two Miles Roadway Medians And ROW Lee County DOT Operations 5560 Zip Drive Ft. Myers, Florida 33905 Bob DeBrock iiG I IG 239 - 533 -9425 Services Provided: Prime Contractor: Landscape And Irrigation Systems Installation, Irrigation System With Drip Tubing And Emitters, Electrical Services, Directional Boring Services, Maintenance Of Traffic, Pump Stations, and Site Work. Irrigation Hunter ACC Telephone Central System Installation /Maintenance, Landscaping, Irrigation, Site and Turf Grass Maintenance. 13 U.S. 41 (SR 90) Tamiami Trail $ 588,355.00 2007 -2007 Collier County ATM East Phase E Barefoot Williams Department To Collier Blvd. 2885 S. Horseshoe Dr. One Plus Miles, Roadway Medians & ROW Naples, Florida 34104 Mr. Bob Petersen 239 - 252 -5871 Services Provided: Prime Contractor: Landscaping And Irrigation System Installation, Pump Stations, Directional Boring Services, Maintenance Of Traffic, Electrical Services, Site Work. Landscape, Turf Grass, Irrigation System Maintenance During Construction, and Irrigation Motorola Controller Systems Installation and Service. 14 US 41 Phase V $ 670,280.00 2007 Collier County ATM 2885 S. Horseshoe Dr. Two Plus Miles, Roadway Medians & ROW Naples, Florida 34104 Mr. Bob Petersen 239 - 252 -5871 Services Provided: Prime Contractor: Landscaping And Irrigation System Installation, Pump Stations, Directional Boring Services, Maintenance Of Traffic, Electrical Services, Site work. Landscape, Turf Grass, Irrigation System Maintenance During Construction, and Irrigation Motorola Controller Systems Installation-and ° - Service: 15 Goodlette Frank $ 897,189.00 2007 -2008 Collier County ATM Golden Gate to Pine Ridge Department 2885 S. Horseshoe Dr. Two Plus Miles, Roadway Medians & ROW Naples, Florida 34104 Mr. Bob Petersen 239 - 252 -5871 Services Provided: Prime Contractor: Landscaping And Irrigation System Installation, Pump Stations, Directional Boring Services, Maintenance Of Traffic, Electrical Services, Site work. Landscape, Turf Grass, Irrigation System Maintenance During Construction, and Irrigation Motorola Controller Maintenance. 16. Landscape & Irrigation Projects: Immokalee Rd., Phase II & III, Vanderbilt Beach Rd. Phase I & II, & Rattlesnake Hammock Rd. Naples, Florida Ten Miles Roadway Medians And ROW $1,831,857.00 2009 -2010 SiG Collier County ATM Department 2885 S. Horseshoe Dr. Naples, Florida 34104 Mr. Bob Petersen 239 - 252 -5871 Services Provided:Prime Contractor: Landscape and Irrigation Installation, Pump Stations, Maintenance Of Traffic, Electrical Services, Directional Boring Services, Well Drilling, Water Meters, Site Work, Irrigation Motorola Controller Systems Installation And Service, Landscape, Irrigation, Site and Turf Grass Maintenance. 17. The Mercato $ 2,109,104.00 2007 -2010 The Lutgert Companies US 41 And Vanderbilt 4200 Gulf Shore Blvd. N. Beach Road Town Center Naples, Florida 34103 Mr. Michael Hoyt 239 - 261 -6100 Services Provided: Subcontractor to General Contractor: Landscape and 2 -Wire Irrigation System Installation, Wells, Pumps, Site Work, Large Tree Moving, Maintenance Of Traffic, Turf Grass, Mitigation Restoration, Landscape, Irrigation and Site Maintenance, Hunter Central control System IMMS 2.0 Installation and Maintenance. 18. Summerlin Road Landscape $2,173,901.00 2009 -2010 Lee County DOT And Irrigation Project From Operations Sanibel Island To Pine Ridge Road 5560 Zip Drive Ft. Myers, FL. 33905 Bob DeBrock 239 -533 -9425 Services Provided: Prime Contractor: Landscaping And Irrigation Installation, Landscape And Irrigation Maintenance, Maintenance Of Traffic, Irrigation System Maintenance, Site Maintenance, Irrigation With Drip Tubing And Emitters, Site Work, Turf Grass Installation and Maintenance, Hunter ACC Central Control System, Fencing, Directional Boring, And Electrical Connections. 19. Florencia: $772,620.00 2006 -2008 Kraft Construction The Colony At Pelican Bay 3520 Kraft Road High Rise Condominium Naples, Florida 34105 Steve DeLong 239 - 772 -6200 Services Provided: Subcontractor to General Contractor: Landscape and Irrigation System Installation, Electrical Services, Tower Crane Direction, Water Meter Connections. Landscaping, Turf Grass, and Irrigation System Maintenance During Construction, and Post Construction. Date: April 11, 2012 Dale F. Hannula Hannula Landscaping & Irrigation, Inc. 11G I 1G J SO AL 1 C HANNULR NDSCAPING & IRRIGATION, INC. 28131 QUAILS NEST LANE BONITA SPRINGS, FLORIDA 34135 PHONE 239- 992 -2210 FAX 239 - 498 -6818 BID NUMBER 12 -5878 RADIO ROAD EAST MSTU LANDSCAPING AND IRRIGATION PROJECT April 11, 2012 PREQUALIFICATION REQUIREMENTS 2 -G. PROOF OF MAINTENANCE OF TRAFFIC CERTIFICATION 28131 Quails Nest Lane, Bonita Springs, FL 34135 (239) 992 -2210 office (239) 498 -6818 fax a 11G ®� W-4 j� Complete all worksheets that apply. However, you Income, see Pub. 505 to find out if you should adjust 2012 ff may claim fewer (or zero) allowances. For regular your withholding on Form W-4 or VV-4P- wages, withholding must be based on aliowances TW6 earners or multiple jobs. If you have a Purpose. Complete Form W -4 so that our you claimed and may not be a flat amount or � P your a of wages. working spouse or more than one job, figure the employer can withhold the correct federal income percentage g total number of allowances you are entitled to claim tax from your pay. Consider completing a new Form Head of household. Generally, you can claim head on all jobs using worksheets from only one Form W -4 each year and when your personal or financial of. household filing status on your tax return only if W -4. Your withholding usually will be most accurate situation changes. you are unmarried and pay more than 50% of the when all allowances are claimed on the Form W-4 Exemption from withholding. If you are exempt, costs of keeping up a home foryourself and your for the highest paying job and zero allowances are complete only lines 1, 2, 3, 4, and 7 and sign the dependent(s) or other qualifying individuals. See claimed on the others. See Pub. 505 for details, form to validate it. Your exemption for 2012 expires Pub. 501, Exemptions, Standard Deduction, and Nonresident alien. If you are a nonresident alien, February 18, 2013. See Pub. 505, Tax Withholding Filing Information, for information, see Notice 1392, Supplemental Form W -4 and Estimated Tax. Tax credits. You can take projected tax credits into Instructions for Nonresident Aliens, before Note. If another person can claim you as a account In figuring your allowable number of completing this form, dependent on his or her tax return, you cannot claim withholding allowances. Credits for child or Check your withholding. After your Form W-4 takes exemption from withholding If your income exceeds dependent care expenses and the child tax credit effect, use Pub. 505 to see how the amount you are $950 and includes more than $300 of unearned may be claimed using the Personal Allowances having withheld compares to your projected total tax Income (for example, interest and dividends). Worksheet below. See Pub. 505 for information on for 2012. See Pub. 505, especially Ifyour earnings Basic instructions. If exem t ou are not , complete converting your other credits into withholding allowances, exceed $130,000 (Single) or $180,000 (Married). Y P P the Personal Allowances Worksheet below. The Future developments. The IRS has created a page worksheets on page 2 further adjust your Nonwage income. If you have a large amount of on IRS.govfor information about Form W -4, at withholding allowances based on Itemized nonwage Income, such as interest or dividends, tywwJrs.gov1w4. Information about any future deductions, certain credits, adjustments to Income, consider making estimated tax payments using Form developments affecting Form W -4 (such as le obssituations. or two-earners/multiple 1040-ES, Estimated Tax for Individuals. Otherwlse,you P j may owe additional tax, ifyou have pension or annuity legislation enacted afterwe release it) will be posted on that page, (Personal Allowances Worksheet (Keep for your records.) A Enter "1" for yourself if no one else can claim you as a dependent . . . . . . . . . . . . . . . . . . A You are single and have only one job; or B Enter "1 " if: " You are married, have only one job, and your spouse does not work; or D j✓ " Your wages from a second job or your spouse's wages (or the total of both) are $1,500 or less. C Enter "1 " for your spouse. But, you may choose to enter " -0 -" if you are married and have either a working spouse or more than one job. (Entering " -0 -" may help you avoid having too little tax withheld.) . . . . . . . . . . . . . . C D Enter number of dependents (other than your spouse or yourself) you will claim on your tax return . . . . . . . . D E Enter "1" if you will file as head of household on your tax return (see conditions under Head of household above) E F Enter "1" if you have at least $1,900 of child or dependent care expenses for which you plan to claim a credit F (Note. Do not include child support payments. See Pub, 503, Child and Dependent Care Expenses, for details.) G Child Tax Credit (including additional child tax credit). See Pub. 972, Child Tax Credit, for more information. G If your total income will be less than $61,000 ($90,000 if married), enter "2" for each eligible child; then less "1" if you have three to seven eligible children or less "2" if you have eight or more eligible children. o If your total Income will be between $61,000 and $84,000 ($90,000 and $119,000 if married), enter "1" for each eligible child . . . G H Add lines A through G and enter total here. (Note. This may be different from the number of exemptions you claim on your tax return.) D H 0_ " If you plan to itemize or claim adjustments to income and want to reduce your withholding, seethe Deductions For accuracy, and Adjustments Worksheet on page 2. complete all " If you are single and have more than one job or are married and you and your spouse both work and the combined - -_..ate...:.,.. 4;, --.. -n i„r,- ..e..,.- 4- Cbnn.nnn rein nnn --- . *"- "r--- r= ------ inn..is-i- -i-. o +- ` o If neither of the above situations applies, stop here and enter the number from line H on line 5 of Form W -4 below. ------------------------ — ---- -- Separate here and give Form W -4 to your employer. Keep the top part for your records. ------------------ - - - - -- Form Department ofthe Treasury Internal Revenue Service 1 Your first name D Whether you are entitled to claim a certain number of allowances or exemption from withholding is subject to review by the IRS. Your employer may be required to send a copy of this form to the iRS. name 2 Your social OMB No. 1545 -0074 X01 icudty number rtome address (number and street or rurat route) 3 El Single XMarrled ❑ Married, but withhold at higher Single rate. Ol('& j %j (R%AA',S N e 5 avp� q, Note. If married, but legally separated, or spouse Is a nonresident alien, check the "Single" box. 4 If your last name differs from that shown on your social security card, 13UN " A-V� S Y-, iw a 1 R m2 check here. You must call 1 -800- 772 -1213 for a replacement card. D ❑ 5 Total number of allowances you are claiming (from line H above or from the applicable worksheet on page 2) 5 6 Additional amount, if any, you want withheld from each paycheck . . . . . . . . . . . . . 6 $ 7 1 claim exemption from withholding for 2012, and I certify that I meet both of the following conditions for exemption. a Last year I had a right to a refund of all federal income tax withheld because I had no tax liability, and e This year I expect a refund of all federal income tax withheld because I expect to have no tax liability. If you meet both conditions, write "Exempt" here . . ® F7 Under penalties of perjury, I declare that i have examined this certificate and, to the best of my knowledge and belief, It is true, correct, and complete. -iployee's signature ils form Is not valid unless 8 Employer's name and t Tell �y✓ Date 9 � % `P 0 / 8 and 10 only if sending to the IRS.) 9 Office code (optional 10 Employer idenfification number (EIN) For Privacy Act and Paperwork Reduction Act Notice, see page 2. Gat. No. 10220Q Form W ^4 (2012) Fom W-4 (2012) Purpose, Complete Form W -4 so that your employer can withhold the correct federal income tax from your pay. Consider completing a new Form W-4 each year and when your personal or financial situation changes. Exemption from withholding. If you are exempt, complete only lines 1, 2, 3, 4, and 7 and sign the form to validate ft. Your exemption for 2012 expires February 18, 2013. See Pub. 505, Tax Withholding and Estimated Tax. Note. If another person can claim you as a dependent on his or her tax return, you cannot claim exemption from withholding if your Income exceeds $950 and includes more than $300 of unearned income (for example, interest and dividends). Basic instructions. If you are not exempt, complete the Personal Allowances Worksheet below. The worksheets on page 2 further adjust your withholding allowances based on itemized deductions, certain credits, adjustments to Income, or two- samers /multiple jobs situations. Complete all worksheets that apply. However, you may claim fewer (orzero) allowances. For regular wages, withholding must be based an allowances you claimed and may not be a flat amount or percentage of wages. Head of household. Generally, you can claim head of• household filing status on your tax return only if you are unmarried and pay more than 50% of the costs of keeping up a home for yourself and your dependents) or other qualifying Individuals, See Pub. 501, Exemptions, Standard Deduction, and Filing Information, for information. Tax credits. You can take projected tax credits into account in figuring your allowable number of withholding allowances. Credits for child or dependent care expenses and the child tax credit may be claimed using the Personal Allowances Worksheet below. See Pub. 505 for information on converting your other credits Into withholding allowances. Nonwage income. If you have a large amount of nonwage Income, such as Interest or dividends, consider making estimated tax payments using Form 104D -ES, Estimated Tax for individuals. Otherwise, you 11G Income, see Pub. 505 to find out if you should adjust your withholding on Form W -4 or W -4P, Two earners or multiple jobs. If you have a working spouse or more than one job, figure the total number of allowances you are entitled to claim on all jobs using worksheets from only one Form W -4. Your withholding usually will be most accurate when all allowances are claimed on the Form W-4 for the highest paying job and zero allowances are claimed on the others. See Pub. 505 for details. Nonresident alien. If you are a nonresident alien, see Notice 1392, Supplemental Form W-4 Instructions for Nonresident Aliens, before completing this form. Check your withholding. After your Form W-4 takes effect, use Pub. 505 to see how the amount you are having withheld compares to your projected total tax for 2012, See Pub. 505, especially if your eamings exceed $130,000 (Single) or $180,000 (Married). Future developments. The IRS has created a page on IRS.gov for information about Form W -4, at wwivJrs.gov1w4. Information about any future developments affecting Form W -4 (such as legislation enacted after we release it) will be posted I L J dYG. (Personal Allowances Worksheet (Keep for your records.) A Enter "1 " for yourself if no one else can claim you as a dependent . . . . . . . . . . . . . . . . . . A You are single and have only one job; or 1 - t-- B Enter '11" if: You are married, have only one job, and your spouse does not work; or j f3 " Your wages from a second job or your spouse's wages (or the total of both) are $1,500 or less. JJJ T— C Enter "1" for your spouse. But, you may choose to enter " -0" if you are married and have either a working spouse or more than one job. (Entering " -0 -" may help you avoid having too little tax withheld.) . . . . . . . . . . . . . . C D Enter number of dependents (other than your spouse or yourself) you will claim on your tax return . . . . . . . . D E Enter "1" If you will file as head of household on your tax return (see conditions under Head of household above) E F Enter "1" if you have at least $1,900 of child or dependent care expenses for which you plan to claim a credit F ((Vote. Do not include child support payments. See Pub. 503, Child and Dependent Care Expenses, for details.) G Child Tax Credit (including additional child tax credit), See Pub. 972, Child Tax Credit, for more information. u if your total Income will be less than $61,000 ($90,000 if married), enter "2" for each eligible child; then less "i" if you have three to, seven eligible children or less "2" if you have eight or more eligible children. --a If -your total income will be between $61- 000 and -$84 000 00,000 and $119,000 if married), enter "1"for each eligible child _ G _ H Add lines A through G and enter total here. (Note. This maybe different from the number of exemptions you claim on your tax return.) t�- H p� " If you plan to itemize or claim adjustments to income and want to reduce your withholding, see the Deductions For accuracy, and Adjustments Worksheet on page 2, complete all _ o if you are.single_and have _ more_than -one job or are. married_anciyou. and - your_ spouse _boti -work- and-the_combined.- - that apply. I avoid having too little tax withheld. l o If neither of the above situations applies, stop here and enterthe number from line H on line 5 of Form W -4 below. --- ------------------ - - - - -- Separate here and give Form W -4 to your employer. Keep the top part for your records. -------------------------- ® Employee's �/6tG1➢A ® ➢Q➢Elf9 ➢ ➢ ®alr�tu�ce Ceu uffac�ate OMB No, 1545 -0074 Form n Department of the 'rreasury D Whether you are entitled to claim a certain number of allowances or exemption from withholding is � A UU Internet Revenue service subjectto review by the iRS. Your employer may be required to send a copy of this form to the IRS. 1 Your first name and middle initial Last name 2 Your social security number Elan u D. L"or)Za E Home address (number and street or rural route) 3 ❑ Single ��pp �. 1 g � Married ❑ Married, but withhold at higher Single rate. 1 1' �(/ i� 1 1�Y:C. & (. Note. If married, but legally separated, or spouse Is a nonresident alien, check the 'Single" box. J/ City or town, !state, and ZIP code j� 4 If your last name differs from that shown on your social security card, /t 11,01es \ E—L. 131-/? aC/ check here. You must call 1- 800- 772 -1213 for a replacement card. I> ❑ 5 Total number of allowances you are claiming (from line H above or from the applicable worksheet on page 2) N6,$ 'P 6 Additional amount, if any, you want withheld from each paycheck . . . . . . . . . . . . . 7 ]claim exemption from withholding for 2012, and i certify that 1 meet both of the following conditions for exemption. • Last year 1 had a right to a refund of all federal Income tax withheld because 1 had no tax liability, and • This year I expect a refund of all federal income tax withheld because i expect to have no tax liability. If you meet both conditions, write "Exempt" here . . . . . . . . , 0- 17 Under penalties of perjury, I declare that I have examined this certificate and, to the bes�9nowledge and belief, it is true, correct, and complete. Employee's signature (ihls form is not valid unless you sign it.) Date It" 11 a Employer's name and address (Employer - 'mpte es 8 and 10 only if sending to the IRS,) 19 Office code (optional) 110 Employer identification number -For Privacy Act and Paperwork Reduction Act Notice, see page 2. Cat. No. 10220Q Form W -$ (2012) two s v 11G 1,1A �- W�i 11G to CD 11G _ :;_ � �i �• ; ti :iN =. �ffl�:s _�� rrst T 1UF /Stjt ��.7T�I � si ��\ ��, �s �j }1 � }►I` i/�1..4�� if, ri�r�f lt�fs. �(�� }- i s(Fj, 1�{Ir�'s��' il�i�[+�1� }�� i iit �L LLq � � \ r�?4�i� � � � �� y✓ 'L a� '1 t / ;. rf a 4 �`�� t ' . ~ =1•S 3 rI V 'r S ` M' r Y Jy�, /s / rrsl'^ �R�,7 •�L.S :iti�.�,rti ',�o.+it1 . f •��t /fll�� o i ��a:��;dSj 1r,1 add � y,� 4 }� � (� •.,�:.:�`.L ti: =' F��,v� .} ; . 777 ^^^ � � iii •+-a � p�•• -y1 fi`- ��+�s$'' l+vr a• .. rte.. �� ^ ;L�� .� R � r.{�.�j ® r�( _. a r y�,1.'`,• -nr�.� ir. �Fr 1 l 411th; 14 NNE � r 11G ,nr� 9 CJ 9 . 0 CL ~O. 'D V Lo LO' v C` ® U L r - .. .... h .. o o T ,nr� 9 CJ 9 . 0 CL ~O. 'D V Lo LO' v C` ® U L r - .. .... h .. ,nr� 9 CJ 9 . 0 CL ~O. 'D V Lo LO' v C` ® U L f6 11 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") as the Governing Body of the Radio Road East of Santa Barbara Boulevard to the Intersection of Radio Road and Davis Boulevard Municipal Service Taxing Unit (MSTU), hereby contracts with Hannula Landscaping and Irrigation, Inc. ( "Contractor ") of 28131 Quails Nest Lane, Bonita springs, Florida 34135, a Florida corportation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Radio Road East MSTU Landscaping & Irrigation Project, Bid No. 12 -5878 ( "Project "), as said Work is set forth in the Plans and Specifications prepared by Urban Green Studio, the Engineer and /or Architect of Record ( "Design Professional') and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract "). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount "), in accordance with the terms of this Agreement: Four hundred sixty seven thousand two hundred ninety three dollars and fifty nine cents f$467,293.69j. 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 underwritten by a surety authorized to do business in the State of Florida and otherwise 12 -5878 27 11 G 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 .fms.treas.gov /c570 /c570.html #certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within one hundred and sixty (160) calendar days from the Commencement Date (herein "Contract Time "). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. 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 and 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 recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand one hundred and forty eight dollars ($1,148.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time 12 -5878 28 I IG period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his /her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. 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 Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third 12 -5878 29 11G party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. 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 Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Urban Green Studio and identified as follows: Radio Road East MSTU Landscaping & Irrigation Project as shown on Plan Sheets 1 through 16. Exhibit N: Contractor's List of Key Personnel Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Darryl Richard, Project Manager Collier County Alternative Transportation Modes Department 2885 S. Horseshoe, 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: Dale Hannula, President Hannula Landscaping and Irrigation, Inc. 28131 Quails Nest Lane, Bonita Springs Florida 34135 (239) 992 -2210 12 -5878 30 C. Either art may change its above noted address b giving written notice to Ae 1C party Y 9 Y9 9 other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 , By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. . The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. 12 -5878 31 Section 14. Severability. 11G ' '� Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 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 "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 12 -5878 32 11G IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO MES: FIRST WIffiESS M. C„ �.ti��•l Type /Print Na e SEC D WITNESS `I1 a,JLSC Type /Print Name Date:U ATTEST;. Dw' ht E Brock ;Clerk YB to ti7w 1 Approved As To orm and gal uffi i ncy: Prin ame: SCOTT R. TEACH Deputy County Attorney CONTRACTOR: Hannula Landscaping and Irrigation, Inc. By: Daft F Aaw/yt4 -i PRes;devl Type /Print Name and Title OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Fred W. Coyle, Chairm 12 -5878 33 This is the front page of the bond. All other pages are subsequent regardless of preprinted numbers. 7217 Benjamin Road, Tampa, FL 33634 813.243.1110 PHONE 1 813.243.1 109 FAX I contractbonds @prosuregroup.com EMAIL www.prosuregroup.com 11G THE PROSUREGROUP INC This is the front page of the performance /payment bond issued in compliance with Florida Statute Chapter 255.05 Bond Number: SSB 410742 Surety in which bond's written: RLI Insurance Company Local Address: 6000 Cattleridge Drive, Suite 206 Sarasota, FL 34232 Local Phone Number: 941- 343 -1100 Contractor Name: Hannula Landscaping and Irrigation, Inc. Address: 28131 Quails Nest Lane Bonita Springs, FL 34135 Phone: 239 -992 -2210 Owner Name: Collier County Board of County Commissioners Address: 3327 Tamiami Trail East Naples, FL 34112 Phone: 239- 252 -8446 Obligee Name: Same as Owner Address: Phone: ( ) Contract Number: Contract No. 12 -5878 Project Description: Radio Road East MSTU Landscaping & Irrigation Project Project Address: Radio Road East of Santa Barbara Blvd. to the intersection of Radio Rd. and Davis Blvd. - Naples, FL Legal description of property: This is the front page of the bond. All other pages are subsequent regardless of preprinted numbers. 7217 Benjamin Road, Tampa, FL 33634 813.243.1110 PHONE 1 813.243.1 109 FAX I contractbonds @prosuregroup.com EMAIL www.prosuregroup.com iii EXHIBIT A 1: PUBLIC PAYMENT BOND Radio Road East MSTU Landscaping & Irrigation Project Bond No. SSB 410742 Contract No. 12 -5878 KNOW ALL MEN BY THESE PRESENTS: That Hannula Landscapinq and Irrigation, Inc. as Principal, and RLI Insurance Company , as Surety, located at 6000 Cattleridge Dr., Suite 206, Sarasota, FL 34232 (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Obligee in the sum of Four hundred and sixty -seven thousand, two hundred and ninety -three dollars and fifty -nine cents ($467,293.59 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 'P�4day of M(W 2012, with Obligee for Radio Road East MSTU Landscaping & Irrigation Project in f 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: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(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 i s.,.:,, 2012, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. 12 -5878 34 Signed, sealed and delivered STATE OF Flo COUNTY OF L, e c 11G PRINCIPAL Hannula Landscaping and Irrigation, Inc. BY: NAME.' tom- wlt F. I�aNn,vlo. ITS: Pirte�;�e.�t The foregoing instrument was acknowledged before me this ISM day of 2012, by 'C> 4r- V-. VA as 1 Yce%ile.A of HwNw�w /nLw•v� :� ,�..� wry %vc- , a El ,,,,e; h corporation, on behalf of the corporation. He /she is ersonally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: �JZpAY PU„ SHELLY WILLIAMSON ¢ * MY COMMISSION # DD 95736ONAM E EXPIRES: May 31, 2014 "rFOC FLO�ce Bonded Thru Budget Notary Services (AFFIX OFFICIAL SEAL). ATTEST: (See Next Page) (See Next Page) Witnesses to Surety , LL=" ( I �a -" , ( Signatur Notary) . .(.� t a �YISt� -✓1 (Legibly inted) Notary Public, State of Commission No.: q53 g&2 SURETY: RLI Insurance Company (Printed Name) 6000 Cattleridge Dr., Suite 206 Sarasota, FL 34232 (Business Address (See Next Page) (Authorized Signature) (See Next Page) (Printed Name) 12 -5878 35 OR Steven Schumacher, As -to- Surety As Attorney in Fact (Attach Power of Attorney) David B. Shick W n sses Anne Cerniglio, As -to- Surety (Printed Name) STATE OF Florida COUNTY OF Hillsborough The June c/o The ProSure Group, Inc. 7217 Benjamin Rd. Tampa, FL 33634 (Business Address) 813- 243 -1110 (Telephone Number) foregoing instrument was acknowledged before me this 11th , 2012, by David B. Shick Attorney -in -Fact 01 Surety, on behalf of Surety. He /She N/A take an oath. My Commission Expires: May 30, 2015 SAMANTHA B. DENT ;Ae Commission # EE 084364 aExpires May 30, 2015 '"` BW W Thu Troy F& kftuw nce 804315.7019 (AFFIX OFFICIAL SEAL) 11G day of , as RLI Insurance Company is personally known to me OR has produced as identification and who did (did not) (Signature) Name. Samantha B. Dent (Legibly Printed) Notary Public, State of: Florida Commission No.: EE 084364 12 -5878 36 11G EXHIBIT A 2: PUBLIC PERFORMANCE BOND Radio Road East MSTU Landscaping & Irrigation Project Bond No. SSB 410742 Contract No 12 -5878 KNOW ALL MEN BY THESE PRESENTS: That Hannula Landscaping and Irrigation, Inc. as Principal, and RLI Insurance Company as Surety, located at 6000 Cattleridge Dr., Suite 206, Sarasota, FL 34232 (Business Address) are held and firmly bound to Collier County Board of County Commissioners , as Obligee in the sum of Four hundred and sixty -seven thousand, two hundred and ninety -three dollars and fifty -nine cents ($467,293.59 ) 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 w1c. 2012, with Obligee for Radio Road Eat MSTU Landscaping & Irrigation Project in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. 12 -5878 37 11G This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this "'Iao day of , 2012, the name of each party being affixed and these presents duly si ned by its undersigned representative, pursuant to authority of its governing body. Signed, sealed d livered in the aresenc � I PRINCIPAL Hannula Landscaping and Irrigation, Inc. BY: > as t rincipal NAME: ITS: STATE OF FtyA- A, COUNTY OF Lec. The foregoing instrument was acknowledged before me this /SA day, of , 2012, by 5>04c. F. H- tNti„v10 , as P 'Qe.ic�erv`f' of }i �wf�w/� Zj - , a tais: corporation, on behalf of the corporation. He /she is ersonall know to me OR has produced as identification and did (did not) take an oath. My Comm issio,EpiregLLrwuunMSON * * MY COMMISSION # DD 957369 (SlgnatU EXPIRES: May 31, 2014 �f�rFOF F�P\oP Bonded Thru Budget Notary Services (AFFIX OFFICIAL SEAL) Name: �� ,� lc,� Lam! iram'sol'l (Legibly Pr' ted) Notary Public, State of: Commission No.: 9S--:2, o9 12 -5878 38 11G ATTEST: SURETY: RLI Insurance Company (Printed Name) 6000 Cattleridge Dr., Suite 206 Sarasota, FL 34232 (Business Address) (See Below) (Authorized Signature) (See Below) (See Below) Witnesses as to Surety (Printed Name) OR Steven Schumacher, As -to- Surety As Attorney in Fact /// (Attach Power of Attorney) � David B. Shack Witnesses Anne Cerniglio, As -to- Surety (Printed Name) c/o The ProSure Group, Inc. 7217 Benjamin Rd. Tampa, FL 33634 (Business Address) 813- 243 -1110 (Telephone Number) STATE OF Florida COUNTY OF Hillsborough The foregoing instrument was acknowledged before me this 11th day of June 2012, by David B. Shick , as Attorney -in -Fact of RLI Insurance Company a Illinois Corporation Surety, on behalf of Surety. He /She is personally known to me OR has produced N/A as identification and who did (did not) take an oath. My Commission Expires: May 30, 2015 sgMANTHA B. DENT Commission # E 01854364 -k. Ex edTtwu myF 30 8*38 ao's Bonded (AFFIX OFFICIAL SEAL) _k- Lm i � it (Signature) Name: Samantha B. Dent (Legibly Printed) Notary Public, State of: Florida Commission No.: EE 084364 12 -5878 39 RLI ® RLI Surety P.O. P.O Box 3967 1 Peoria, IL 61612 -3967 Phone: (800)645-2402 1 Fax: (309)689-2036 www.rlicorp.com Know All Men by These Presents: 11G POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, a(n) Illinois corporation, does hereby make, constitute and appoint: David B. Shick in the City of Tampa , State of Florida its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 13th day of April 2012 gv........ -.. ��y: • OOpPORATR'' t :SEAL State of Illinois '••.... ••' County of Peoria SS On this 13th day of April , 2012 , before me, a Notary Public, personally appeared Roy C. Die , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. PaC,, Jacqu ine M. Bockler Notary Public f i "OFFICIAL SEAL" c .6 JACQUELINE M. BOCKLER EOF COMMISSION EXPIRES 03 /01/14 RLI Insurance Company Roy C. Die Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto sUny hand and the seal of the RLI Insurance Company this, �, day of , RLI Insurance Company Roy C. Die Vice President 094831!020212 A0059411 11G EXHIBIT B: INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in 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, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The 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. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and /or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the 12 -5878 40 11G Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverages purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 12 -5878 41 11G Collier County Florida Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000,000 per occurrence, $2,000,000 aggregate for Bodily Injury Liability ISO form and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 12 -5878 42 11 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate 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. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Vendor Signature Print Name Insurance Agency Agent Name Date Telephone Number 12 -5878 43 Client #: 33375 HANLA1 11G ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 1 6/01/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Gulfshore Insurance, Inc. 4100 Goodlette Road North CONTACT NAME: Erin Mitchell PHONE 239 659 -7286 F4X 239 213 -2814 Ext : (Alc, No): AMA Lo, ADDRESS: emitchell @gulfshoreinsurance.com Naples, FL 34103 -3303 239 261 -3646 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: FCCI Insurance Company 1/01/2012 INSURED Hannula Landscaping & Irrigation, Inc. 28131 Quails Nest Ln INSURER B $1,000,000 INSURER C X COMMERCIAL GENERAL LIABILITY Bonita Springs, FL 34135 -6930 INSURER D INSURER E: $100,000 INSURER F: CLAIMS -MADE F)� OCCUR COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS A GENERAL LIABILITY GL00067393 1/01/2012 01/01/2013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES (E. oNc.Er ance $100,000 CLAIMS -MADE F)� OCCUR MED EXP (Any one person) $ 5,000 PERSONAL& ADV INJURY $1,000,000 X PD Ded:1,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY 7X PRO JECT LOC $ • AUTOMOBILE LIABILITY CA00100453 1/01/2012 01/01/2013 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED AUTOS X NON -OWNED AUTOS UMBRELLA LIAB CCUR EACH OCCURRENCE $ [40 AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED F RETENTION $ $ • WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE Y/ N OFFICER/MEMBER EXCLUDED? � N/A 001WC11A40029 1/01/2012 01/01/201 WC X TORYLI IT OTH- E.L. EACH ACCIDENT $500 000 E.L. DISEASE - EA EMPLOYEE $500,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Radio Road MSTU Landscaping & Irrigation Project Collier County Bid # 12 -5878 Collier County Board of County Commissioners is named as Additional Insured with respects to General Liability per CG2033 0704. Collier Count Board of Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE County y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3301 Tamiami Trail E Naples, FL 34112 AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S556882/M523815 EMM 11G EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared _ who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement. between Contractor and Owner dated , 2012 for the period from to excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. CONTRACTOR M ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2012, 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: NAME: (AFFIX OFFICIAL SEAL) (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: 12 -5878 44 11G EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ after [insert date] $ = Less Retainage $ _% Total Earned Less Retainage $ Less previous payment (s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized 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 the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) 12 -5878 45 1 1 $ \ \ 0 k -j < \§I eIt / \ °® N£ § D Lu£ 0 q /_} �« �\ \m k2 ) &ƒ CD \� a) }k �E ;2. �0 )/ \\ §§ }q a. §\ o ®D §S/ \� <LLJaf < —2 Ga. /° \� ®006 �2 m 0LU Gi 2� E #/ m§ §§ _ c� w 0 �a /]I = � § \\ 2§ U- m; a OL o ■ 2= e w ° <q 2\ ! / )§ § /\ w ? �N j\ cn §7 ®} \§ cn ) / . /5 (/ Bu \\ \> CL - . < . meo 0 \/ a. & §Q 7#e § E% Ol §ij L FK B ]%6 2 / o® S (D S Is C� ® /o CL 2 0 . c 41 0 2 16 ca LU � D x m .k / � _ » & . 1 1 $ \ \ w U m Q fiS E 0 LL Lo N N N as L 0 w a� C U_ x W I 1 G, ti co 00 a 0 F- Wr �. m �0 ai •L o �c a C N A � (A d 7 — � N L =• IL — � o m •� > 'm M d V N CD A M N d Q O 'y > V d � aL L 0 E �z � a CL cn c 0 •L N d m ea D I 1 G, ti co 00 a TO: Project Name: Bid No. : Change Order No.: Change Order Description: 11G EXHIBIT E: CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount ............................. ..............................$ Sum of previous Change Orders Amount ......... ..............................$ This Change Order Amount ............................. ..............................$ Revised Agreement Amount ............................. ..............................$ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if 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 arising 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 Number: ) Cost Center: Object Code: Project 12 -5878 49 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To 11G Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed_ or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: 12 -5878 51 11G OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on By: OWNER Type Name and Title 20 12 -5878 52 11G Bid No.: Contractor: EXHIBIT G: FINAL PAYMENT CHECKLIST Project No.: Date: The following items have been secured by the for the Project known as 20 and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N /A. explanation. Acknowledgments: By Contractor: By Design Professional: By Owner: If NO is checked for any of the above, attach (Company Name) (Signature) (Typed Name & Title) (Firm Name). (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 12 -5878 53 11G EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of 12 -5878 54 I I G roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 12 -5878 55 11G 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 schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., 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 Contractor's 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. 4.2 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 Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's 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. 12 -5878 56 11G 4.3 Contractor shall submit all Applications for Payment to Dayna Fendrick, Urban Green Studio, located at 1263 Hernando Street, Naples, Florida 34103. 4.4 Unless expressly approved by Owner in advance and in writing,'said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, 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 Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record 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 is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons 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 218.735, F.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. 12 -5878 57 11G, M 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first 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 be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: 12 -5878 58 11G I (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or.for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution_ of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the 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 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's 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 Contractor's right to final payment, shall have furnished Owner with a properly 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 Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 12 -5878 59 11 G 4 '� 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice 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 substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute,' including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 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. 12 -5878 60 116 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS- BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. 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. 12 -5878 61 11G N 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and 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. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 12 -5878 62 11G 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, 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 fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 12 -5878 63 11G -� 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %)markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or sub - subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order 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 right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 12 -5878 64 11G 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a. party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, 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 12 -5878 65 11G 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 party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws., ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg. 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. 12 -5878 66 11G The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. 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 vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. 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 Bidder does not comply with providing both the acceptable E- Verify evidence and the executed affidavit the bidder's proposal may be deemed non - responsive. Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http: / /www.dhs._qov /E- Verify. It shall be the vendor's responsibility to familiarize themselves with all rules 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 Act of 1986 as located at 8 U.S.C. 1324, et. seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 12 -5878 67 11G 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to 12 -5878 68 11G obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees -(including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is -not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 12 -5878 69 11G""� 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 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 therefor. If Owner, after conferring with the Design 12 -5878 70 G'OVAN Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate 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 corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2 Upon receipt of written certification 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 Contractor's 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. (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 Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. "AIk_WA, 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, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be 12 -5878 71 11G 'md responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project. Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility, therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor- has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection 12 -5878 72 11G I w I with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect 12 -5878 73 11G 711 and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and- charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. 12 -5878 74 11G A 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. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be 12 -5878 75 deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and /or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 12 -5878 76 11 ', G il All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site.. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 12 -5878 77 11G �1 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre- construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre- construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY: For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of 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. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated 12 -5878 78 11G 11 with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner Jo the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 12 -5878 79 11G'�� 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 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 identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self - performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general 12 -5878 80 11G concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal /Approval Logs 34.1.4 Equipment Purchase /Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 12 -5878 81 k S1G '�;I 34.1.8 Labor Costs 34.1.9 - Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost - Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As- Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. If required, Vendor / 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, 12 -5878 82 11 1 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. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND /UNDERGROUND TANKS. 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 activities require a ten (10) day notification and then a forty -eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation /closure 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 Act, Contractor 12 -5878 83 11G 1 shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. 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 Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 12 -5878 84 11G I EXHIBIT 1: SUPPLEMENTAL TERMS AND CONDITIONS The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and /or services purchased as a part of this contract. 2. Prequalification Requirements: A. Provide a copy of Landscape Contractor's and Irrigation or Unlimited Landscape Contractor's License in Collier. B. Provide verification of five (5) previous projects with a dollar value of $200,000 or greater (within the last five (5) years) in roadway landscape and irrigation installation within the medians in South Florida public rights of way (to be defined as the following Counties: Collier, Lee, Broward, Miami -Dade and West Palm Beach). Documentation shall include but not limited to: a. Name of project b. Project description c. Project Original Bid Cost and Final Cost upon completion Name and phone number of contact person for that project C. This documentation must include but not limited to number of trees, type and size of trees and palms. Provide number of plant beds and groundcover by type and variety. D. Provide a list of owned and /or leased equipment to include, but not limited to; date of manufacture, conditions, whether owned or leased and if leased, date of lease expiration E. Contractor shall provide the name, IRS W -4 form and proof certification of the firm's employee qualifying the firm as to meeting the Collier County's Maintenance of Traffic policy requirements. The employees' social security information can be blacked out or deleted from form. F. Provide documentation of previous Motorola Irrigation Control system installation or equivalent. Such documentation shall include but not limited to: a. Project description and work specifications. b. Time of performance c. Names and telephone numbers of individual references familiar with Bidder's project performance and area included in scope of work. d. Dollar amount of contract or project. G. Provide proof of Maintenance of Traffic Certification, must have at least five (5) years experience in setting up MOT in the bid package to be deemed responsive. H. No subletting of landscape installation or irrigation installation (exception for electrical work required at power supply and pump /controller installation and directional boring in order to install irrigation and electrical sleeving). If the documentation noted -above is not submitted with the Bid Response, such Bid will: not be considered. 12 -5878 85 11G EXHIBIT J: TECHNICAL SPECIFICATIONS Supporting documents found at: http: / /bid.colliergov.net/bidi 12 -5878 86 11G EXHIBIT K: PERMITS Supporting documents found at: http: / /bid.colliergov.net/bid/ 12 -5878 87 PERMIT TO PERFORM WORK AND /OR MAINTENANCE IN PUBLIC RIGHT -OF -WAY GROWTH MANAGEMENT DIVISION /ROW PERMITTING:& INSPECTION 2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104 ROW Section Telephone # 252 -5767 A COPY OF THIS PERMIT MUST BE ON THE JOBSITE AT ALL TIMES. FAILURE TO COMPLY MAY CAUSE JOB SHUT DOWN. Date Issued: 03/06/2012 Right -of -Way Permit Number: PRllf SDP /AR/PSP Number: Building Permit Number: Project Name: RADIO RD EAST MSTU BEAUTIFICATION Project Address: RADIO RD MEDIANS BETWEEN SANTA BARBARA BLVD & DAVIS BLVD Subdivision: Lot: Block: Unit: Tract: Folio No: Section: Township: Range: Type of Construction: ROW Commercial Detail: MEDIAN BEAUTIFICATON & LANDSCAPING The work herein described an perrqXted is to be commenced on or about And completed no later than `� �8 /� Expiration date for work described:01 A Property Owner /Applicant: Contractor: COLLIER COUNTY ATM DEPT. URBAN GREEN STUDIO 2885 SOUTH HORSESHOE DR. ATTN: DAYNA L. FENDRICK, RLA, 1263 HERNANDO NAPLES, FL 34104 ST. Telephone Number: 239 - 252 -6201 Naples, FL 34103 Telephone Number: (239) 263 -4029 Voris shall be performed in accordance with approved i, Conditions of Permit appearing on reverse side, ulations specified as part of this permit and in ordance with Collier County Ordinance # 09 -19 and "Public Right -of -Way Construction Standards idbook." latest edition. Applicant declares that prior to filing this application has ascertained the location of all existing utilities, th aerial and underground. Any changes to any utility all be the responsibility of the Permittee for all cost. If right -of -way permit is issued in conjunction with a ilding. permit, the right -of -way permit expires upon moletion of the building. STATUS: ISSUED JM !! u- If the application is made by any person or nrm otner in the owner of the property involved, a written consent m the property owner shall be required prior to )cessing of the application. Transportation Services Division approval does not tempt the permittee from gaining approval from any :ate, Federal or Local Agencies having jurisdiction over e proposed work. This permit is contingent upon Permittee obtaining cessary rights of entry for construction and maintenance sere required right -of -way for public use has not been dicated and accepted by Collier County. SEE REVERSE SIDE FOR CONDITIONS 11G Special Conditions At any time in the future should the border fail to contain the crushed shell /stone and /or become a public safety issue the County reserves the right to have the material removed from the ROW at the MSTU expense. 2) No work shall be performed within 1800 feet of Davis Blvd unless coordinated Collier County TECM. CONDITIONS OF PERMIT 1, 1. This permit must be kept on the work site and be available upon request or prominently displayed. 2. Permits are required for all work performed in any rights -of -way or easements provided for public use in the unincorporated area of Collier County and In those public rights -of -way or easements, which are maintained by Collier County, but lie within municipal boundaries. 3. When permitted facilities are placed within a public right -of -way or easement, the installation is for permissive use only and placing of facilities shall not operate to create or vest any property right in the associated right- of-way or easement to the permittee. Furthermore, the permittee shall be responsible for maintenance of such facilities until they are removed, unless otherwise specked. 4. All materials and equipment, including Maintenance of Traffic (MOT) and equipment placement, shall be subject to inspection by the Growth Management Division. 5. Requests for pre - inspections shall be made 72 hours prior to commencing work requiring inspection. 6. No lane closures will be permitted between the hours of 7:00 — 9:00 A. M. and 3:30 — 6:30 P.M. 7. Prior to construction, the Contractor /Pernittee shall submit a Maintenance of Traffic plan (MOT) for any construction project involving work or activity that may affect traffic on any County street, roadway or bikepath/sidewalk. The MOT must be signed by either a Professional Engineer or person certified by the Intemational Municipal Signal Association (IMSA) if affecting Arterial or Collector Roadways, unless waived by the Growth Management Division, Road Maintenance Department. The driveway fill and driveway culvert including soil erosion /sedimentation control measures must be installed prior to the start of any earth moving construction activity with drainage plans, culvert size, soil erosion /sedimentation controls, elevation offset, and ditch slope designed and certified by a licensed engineer for ail commercial projects. 8. During construction the Contractor /Perriittee shall comply with the "State of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance, and Utility Operations" and with the "Manual On Uniform Traffic Control Devices" and with all other governing safety regulations and shall maintain the approved site drainage plan and soil erosion /sedimentation control plan. 9. The Permittee shall hold the County harmless and the County shall be relieved of all responsibility for any damage or liability of any nature arising from work authorized and performed under this permit. 10. All crossings of existing pavement shall be made by jacking and boring at a minimum depth of thirty -six inches (36 "), unless otherwise authorized by the Growth Management Division for good cause shown. 11. All overhead installations must meet a minimum four foot separation to communication lines (both vertically and horizontally), minimum seven foot separation to guys (both vertically and horizontally) and minimum ten foot separation to neutrals (both vertically and horizontally), and meet and/or exceed all other OSHA requirements as may be determined by OSHA clearance requirements and/or formulas relevant to overhead lines clearances and /or separations requirements (both vertically and horizontally), and all underground crossings shall be placed at a minimum depth of thirty -six inches (36 ") below the pavement and/or a minimum depth of twenty-four inches (24 ") below the designed roadside ditch or swale invert. Primary cable (voltage exceeding 500 volts) shall have minimum thirty -six inch (36 ") cover. Secondary cable (voltages less than 500 volts) shall have a minimum thirty-inch (30") cover. Exception may be made by authority of the Growth Management Division for good cause shown. 12. Two prints of the proposed work covering details of this installation shall be made a part of this permit. If additional plans are required, they shall become a part of this permit. 13. Following completion of all permitted work, grassing and /or seeding shall be required for any disturbed rights -of -way. 14. All property disturbed by work authorized by this permit must be restored to better than, or equal to, it's original condition, and to the satisfaction of the County. 15. Whenever deemed necessary by the County for the construction, repair, maintenance, improvement, alteration or relocation of applicable right -of -way or easement and when so notified by the County, any or all poles, wires, pipes, culverts, cables, sod, landscaping, driveways, sprinklers, or other facilities and appurtenances authorized shall be removed from said right -of -way or easement, or reset or relocated thereon as required, to be installed by this Permit, and at the expense of the permittee, his successor, or assign. 16. When the permittee, or his successor, or assign is noted of a need for construction, repair, maintenance, improvement, alteration of or relocation within the right -of -way or easement and no action is -taken by the responsible party within the time frame specified by the County, the County shall cause the permitted work to be altered, relocated, or removed, with the total expense being bome solely by the permittee or the responsible party. 17. Permits shall generally be in a form approved by the Board of County Commissioners and shall include the time of commencement, the number of days the job is expected to take, and the approximate date of completion. The permit will expire ninety (90) days after the designated completion date, unless authorized in the specific instance.for a longer or shorter period. If the work has not been completed by the expiration data, there will be a renewal fee, set by Resolution, payable upon extending the expiration date for an additional ninety (90) days. 18. All correspondence regarding construction procedures will be through the permittee, or his authorized agent or consultant, and not through any contractor or subcontractor. 19. If there are any lane closures or work that will impede normal traffic flow. The permit holders are obligated to inform the road alert coordinator at 239- 252 -8192 and the ROW Permit Section at 239 - 252 -5767, three working days prior to construction. 20. Collier County Traffic Operations Department Inspection Staff shall be notified in writing either via form letter (To: Collier County Traffic Operations, At: 2885 Horseshoe Drive South, Naples FL 34104) or e-mail (TrafficOps@colliergov.not) a minimum of 72 Hours prior to the commencement of jobs that include overhead or underground work that will be conducted as part of construction or maintenance projects within Collier County or State road rights -of -way within Collier County and 12 hours prior to any and all dally work to be performed throughout the entire length of construction or Maintenance projects. Any rescheduling of work shall be provided in writing. All underground facilities must be located prior to construction. 21. Prior to acceptance by the County (including issuance of Certificate of Occupancy), the ROW Permitting Section shall be notified by mailing or delivering a request for a final inspection to the, ROW Permitting Section, 2800 North Horseshoe Drive, Naples, Florida 34104, or by phone, 239 -252- 2417, upon completion of authorized work. 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Dale Hannula 31Years of Construction Experience President 29 Years of Related Experience Cost Range $15 Million Education Bachelor of Science Degree, Social Science/Psychology Certified Arborist, BMP and MOT Certified, Landscape Contractor's License, Irrigation Contractor's License, FDOT Certified, Real Estate Salesman License, Community Association Manager's License Annette Carbary Business Development/ Project And Office Manager Cost Range Education Scott Douglas Irrigation Manager Cost Range Education Experience Juan Carlos Landscape Manager Cost Range Education 25 Years of Construction Experience 16 Years of Related Experience $15 Million Bachelor of Science Degree, Accountinoinance 27 Years of Construction Experience 27 Years of Related Experience $15 Million Bachelor of Arts, Computer Graphic Irrigation Management, Design, Rain Bird Maxicom Certified, Licensed Nelson Agricultural Installer 12 Years of Construction Experience 12 Years of Related Experience $5 Million Management And Hands On Field Experience Jeanie Lissette Jones 04 Years of Construction Experience Irrigation Purchaser 03 Years of Related Experience Landscape Purchaser 01 Year of Related Experience Experience Landscape Material Estimating & Purchasing Cost Range $3 Million Experience Irrigation Estimating and Purchasing, Contracts Administration, Finance and Cost Analyst Education Certificate of Psychology Jeremy Hannula 10 Years of 'Construction Experience Estimator/Designer/ Manager 10 Years of Related Experience Cost Range $5 Million Experience Auto CAD Design, Rain CAD, Irrigation Product Training, Pump Systems Technical Design, Landscape And Irrigation Estimating, Maintenance Management And Estimating, Interim CPO Qualifier. 28131 Quails Nest Lane, Bonita Springs, FL 34135 (239) 992 -2210 office (239) 498 -6818 fax 11G Manuel Gonzalez Maintenance Manager Cost Range Experience / Education Carlos Herrera Irrigation Foreman Cost Range Experience Shelly Williamson Contract Administrator Cost Range Experience 09 Years of Construction Exeperience 02 Years of Related Experience $1 Million Landscape & Irrigation Maintenance. AA Degree Business Management 10 Years of Construction Experience 10 Years of Related Experience $250, Thousand Irrigation Installation And Maintenance 20 Years of Construction Experience 13 Years of related Experience $2 Million AA Business Administration, MOT Certified Angelica Canete -Perez 12 Years Construction Experience Administrative Assistant 12 Years Related Experience Cost Range $500,000.00 Experience BS Business And Finance, Real Estate License, Notary April 11, 2012 Page 2 of 2 - 28131 Quails Nest Lane, Bonita Springs, FL 34135 (239) 992 -2210 office (239) 498 -6818 fax EXHIBIT A -1 Contract Amendment 11G 12 -5878 "Radio Road East MSTU Landscape & Irrigation Project" This amendment, dated July 2, 2012 to the referenced agreement shall be by and between the parties to the original Agreement, Hannula Landscaping & Irrigation, Inc. (to be referred to as "Hannula" and Collier County, Florida, (to be referred to as "County "). Statement of Understanding RE: Contract # 12 -5878 "Radio Road East MSTU Landscaping & Irrigation Project" The following change to the above referenced Agreement has been mutually agreed to by the Contractor and the County. The additions to the existing language in the Agreement are shown herein by underlining; deletions from the Agreement are shown by stfiketh -eughs Due to a math correction in the bid tabulation compared to the vendor's submittal, the contract amount is amended as follows: Section 3. CONTRACT AMOUNT. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount "), in accordance with the terms of this Agreement: Fir Four hundred sixty seven thousand nine hundred fourteen dollars and sixty three cents ($467,914.63). All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: Corporal ecretary /Witness By: M. C -Q FAq Dated: o, 20iZ Approved as to form and i:: ufficie Deputy County Attorney CONT CTOR: Hannula Landscaping & Irrigation, Inc. By: Title: 1 ree s► e.✓' Dated: Ion 9y12. OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: r all - k arkiewicz, erim Dire } ofd Purchasing and General Services / `�