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Backup Documents 11/14/2023 Item #16B 4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 D 4 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk • Risk Management //f/r4,Z3 2. County Attorney Office County Attorney Office 003 4. BCC Office Board of County Commissioners RL A� ( 1i/! f 3 4. Minutes and Records Clerk of Court's Office E I ( 11 Ig 6t.1/ - 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Patrick Contact Information 239-252-8950 Contact/ Department O'Quinn/PROCUREMENT Agenda Date Item was NOVEMBER 14TH, 2023 Agenda Item Number 16.B.4. Approved by the BCC Type of Document CONSTRUCTION Number of Original Documents 1 Attached AGREEMENT Attached PO number or account N/A 23-8130 HANNULA number if document is US 41 (SR45)NORTH LANDSCAPING to be recorded LANDSCAPE AND AND IRRIGATION, IRRIGATION INC. RENOVATION APPROVEMENTS INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be PRO signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the PRO document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's PRO signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 11/14/2023 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County (07 an option for Attorney's Office has reviewed the changes,if applicable. ` this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the VT(/ an option for Chairman's signature. this line. 16B4 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner) hereby contracts with Hannula Landscaping and Irrigation, Inc. ("Contractor") of 17051 Jean Street, Unit 7, Fort Myers, FL 33967, a Florida Profit Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with "US 41 (SR45) North Landscape and Irrigation Renovation Improvements", Invitation to Bid No. 23-8130 ("Project"), as said Work is set forth in the Plans and Specifications prepared by McGee & Associates, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Two Hundred Sixty-Seven Thousand Two Hundred Five Dollars and Eighty-Six Cents ($267,205.86). Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at https://fiscal.treasurv.gov/surety-bonds/list-certified-companies.html. Should the 1 Construction Services Agreement:[2023_ver.1] CAO 1684 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 twenty (120) 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 thirty (30) 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 Department Administrator or Division Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Nine Hundred and Eighty Dollars ($980.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date 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 2 Construction Services Agreement:[2023_ver.1] CAO 1684 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 party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation #23-8130 "US 41 (SR45) North Landscape and Irrigation Renovation Improvements". Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms I I Not Applicable Exhibit B-2: Performance Bond Forms n Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 Construction Services Agreement:[2023_ver.1] CAO t6B4 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 ® Applicable ❑ Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #23-8130 "US 41 (SR45) North Landscape and Irrigation Renovation Improvements". The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync.com/bidsvnc-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. nExhibit J: Technical Specifications I lExhibit K: Permits nExhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by: McGee &Associates, Inc. ®Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Road Maintenance Division 4800 Davis Boulevard Naples, Florida 34104 Attn: Melissa Pearson, Contract Administration Specialist Phone: (239) 252-5591 Email: Melissa.Pearson(a�colliercountyfl.gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Hannula Landscaping and Irrigation, Inc. 17051 Jean St. Unit 7 Fort Myers, FL 33967 Attn: Dale F. Hannula, President Phone: (239) 437-9666 Email: dhannula(a..hannulalandscapinq.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. 4 Construction Services Agreement:[2023_ver.1] CAD R 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. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 Construction Services Agreement:[2023_ver.1] cAo 6 B 4 Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies 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 including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. Remainder of page intentionally left blank 6 Construction Services Agreement:[2023_ver.1] CA-0 16B4 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO Wil:NE TS: Hannula Landscaping and Irrigation, Inc. `-FIR T WITNESS By: 'nt Name F. Pit cleN Print Name and Title E N WITNESS �1 r�� S Hail/3 i 1, G� Date: /IT't— , 90).3 Print Name ATTEST: OWNER: Crystal K. Kinzel, Clerk of Courts BOARD OF COUNTY COMMISSIONERS & Comptroller OF COLLIER COUNTY FLORIDA BY: 1,�� �� BY: ( �v \ ' ttest as to Chairman.s RICK LOCASTRO, Chairman signature only. Date: Z°1-9) A oved as to r and Legality: Co my Attorney S ob. k Print Na 7 Construction Services Agreement:[2023_ver.11 _ 1684 EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 Construction Services Agreement:[2023_ver.1] io CONSTRUCTION INVITATION TO BID NO.23-8130 US 41(SR45)NORTH LANDSCAPE IRRIGATION RENOVATION IMPROVEMENTS REVISED BID SCHEDULE CATEGORY I.US 41(SR45)NORTH FROM LEE COUNTY LINE(MP 0.00)TO VANDERBILT BEACH ROAD(MP 4.553),MEDIAN#70-102 (FDOT GRANT CONTRACT G2A94,CCPN 60218.2.1,FDOT PN 450524-1-74-01) NOTES:*-INDICATES ITEMS NORMALLY REQUIRING SUBMITTALS,SHOP DRAWINGS,PHOTOS,SAMPLES,AND/OR PLANS. Line Bid Item Symbol Description Installed Extended Item Number y Units Quantities Unit Price Price MAINTENANCE OF TRAFFIC;PER FDOT PERMIT,APPLICABLE SERIES 600 INDEXES 1 102-1 * &COLLIER COUNTY MOT POLICIES.CONTRACTOR TO PROVIDE ALL RQUIRED LS 1 $ 6,500.00 $ 6,500.00 PLANS AND SUBMIT FOR APPROVAL. CLEARING AND GRUBBING(REMOVAL OF SPECIFIED EXISTING SURFACE 2 110-1-1 VEGETATION-SHRUBS,GROUND COVERS&MULCH),(ESTIMATE ONLY;(49,326) LS 1 $46,900.00 $ 46,900.00 ACTUAL REQUIRED S.F.,CONTRACTOR IS RESPONSIBLE FOR QUANTIFYING THE QUANTITIES) 3 570-1-2 PERFORMANCE TURF-SOD-ST.AUGUSTINE 'FLORATAM';FOR IRRIGATION SY 45 $ 6.30 $ 283.50 TRENCHING REPAIR. 4 580-1-1-AG2* AG2 ARACHIS GLABRATA'ECOTURF'/PERENNIAL PEANUT;#1 GAL;6"X I';1.5'OC EA 13,703 $ 6.12 $ 83,862.36 5 580-1-1-DB* DB DIETES BICOLOR-YELLOW AFRICN IRIS;#3 GAL;24"X 30';4'OC.;FULL EA 213 $ 16.30 $ 3,471.90 6 580-1-1-LM* LM LIRIOPE MUSCARI'SUPER BLUE'-LILYTURF;#1 GAL.,16"X 16"HT/SPR,18"OC LA 433 $ 6.80 $ 2,944.40 7 580-1-1-MC+ MC MUHLENBERGIA CAPILLARIS-MUHLY GRASS;#3 GAL;18"X 18"MIN.;30"O.C.; 1:A 104 $ 14.95 $ 1,554.80 FULL 8 580-1-1-BH" BH BULBINE FRUTESCENS-YELLOW BULBINE;#1 GAL;6"X 6";18"OC;FULL LA 366 $ 6.80 $ 2,488.80 9 580-1-1-MCI* MCI MESEMBRYANTHEMUM CORDIFOLIUM-BABY SUNROSE ICEPLANT;#1 GAL;6"X I' EA 1,120 $ 6.80 $ 7,616.00 ;1.5'OC WOOD MULCH-3"DEPTH MIN.,PER COLLIER COUNTY MULCH SPECIFICATION, 10 580-1-MULCH* (ESTIMATE ONLY;J6,816)(1,109)2 CU.FT.BAGS,CONTRACTOR IS RESPONSIBLE LS I $42,532.00 $ 42,532.00 FOR QUANTIFYING THE ACTUAL REQUIRED QUANTITIES) CATEGORY I.SUBTOTAL: $ 198,153.76 CATEGORY II.US 41(SR45)NORTH IRRIGATION RENOVATION IMPROVEMENTS Line Bid Item Installed Extended Description Units Quantities Item Number Unit Price Price PROPOSED COMPLETE MEDIAN IRRIGATION RENOVATION:FURNISH&INSTALL:TORO 590-70* 570Z SERIES SPRAYS 57OZPRX MODEL 570Z-12P-SI-PRX-E WITH MPR-PLUS AND TVAN LA 195 $ 66.30 $ 12,928.50 SPRAY NOZZLES.RADIUS AND COVERAGE PATTERN VARY.INCLUDES FLEX PIPE AND FITTINGS, SEE PLAN NOTES,SPECIFICATIONS AND DETAILS. REMOVE EXISTING,REPLACE,RESET AND ADJUST IRRIGATION SPRINKLER HEADS; REMOVE EXISTING HEADS AND REPLACE AND/OR ADD WITH;FURNISH&INSTALL:TORO 2 590-70+ 570Z SERIES SPRAYS 570ZPRX MODEL 570Z-12P-SI-PRX-E WITH MPR-PLUS AND TVAN EA 242 $ 66.30 $ 16,044.60 SPRAY NOZZLES.RADIUS AND COVERAGE PATTERN VARY.INCLUDES ADDITIONAL PIPING,ANY DAMAGED LATERAL PIPING REPLACEMENT,FLEX PIPING OR ALL FITTINGS OR CONNECTORS.SEE PLAN NOTES,SPECIFICATIONS AND DETAILS FURNISH&INSTALL MAIN LINE:2"PVC(PANTONE PURPLE 522C IF REUSE WATER SOURCE),SCHEDULE 40 PVC SOLVENT WELD IRRIGATION PIPING WITH SCHEDULE 40 PVC 590-70* PIPE FITTINGS.BY TRENCHING,SEE NOTES,SPECIFICATIONS AND DETAILS FOR LS I $ 700.00 $ 700.00 INSTALLATION REQUIREMENTS AND REQUIRED COMPONENTS,(ESTIMATE ONLY;(20)L.F., CONTRACTOR IS RESPONSIBLE FOR QUANTIFYING THE ACTUAL REQUIRED QUANTITIES) FURNISH&INSTALL 1.25"VALVE WIRE CONDUITS BY TRENCHING:1.25"DIA.SCH.40 PVC GRAY CONDUIT BY TRENCHING WITH 90 DEGREE SWEEPS AT VALVE WIRING PULL/ 4 590-70* JUNCTION BOX LOCATIONS.SEE NOTES,SPECIFICATIONS AND DETAILS FOR LS 1 $ 200.00 $ 200.00 INSTALLATION REQUIREMENTS,(ESTIMATE ONLY;(20)L.F.,CONTRACTOR IS RESPONSIBLE FOR QUANTIFYING THE ACTUAL REQUIRED QUANTITIES) FURNISH&INSTALL:TORO FLOOD BUBBLER(53692)0-2 GPM.(2)BUBBLERS PER TREE. 5 590-70* INCLUDES LATERAL PIPING FROM ZONE VALVES TO SPRINKLERS AND FLEX PIPING AT EA 68 $ 39.00 $ 2,652.00 TREE LOCATIONS.SIZE PIPE FOR PROPER FLOWS NOT TO EXCEED 5 FT./SEC.VELOCITY. FURNISH&INSTALL:VALVE CONTROL WIRE,AWG 10 GA.WIRE(COMMON WHITE)SOLID 6 590-70" COPPER INSULATED SUITABLE FOR DIRECT BURIAL,(ESTIMATE ONLY;(40)L.F., LS I $ 400.00 $ 400.00 CONTRACTOR IS RESPONSIBLE FOR QUANTIFYING THE ACTUAL REQUIRED QUANTITIES) CAO CONSTRUCTION INVITATION TO BID NO.23-8130 1 6 R 4 US 41(SR45)NORTH LANDSCAPE IRRIGATION RENOVATION IMPROVEMENTS REVISED BID SCHEDULE CATEGORY II.US 41(SR45)NORTH IRRIGATION RENOVATION IMPROVEMENTS Line Bid Item Installed Extended Item Number Description Units Quantities Unit Price Price FURNISH&INSTALL:VALVE CONTROL WIRE,AWG 10 GA.WIRE(SPARE BLUE ACTIVATION 7 590-70* )SOLID COPPER INSULATED SUITABLE FOR DIRECT BURIAL,(ESTIMATE ONLY;(40)L.F., LS I $ 400.00 $ 400.00 CONTRACTOR IS RESPONSIBLE FOR QUANTIFYING THE ACTUAL REQUIRED QUANTITIES) FURNISH&INSTALL:VALVE CONTROL WIRE,AWG 10 GA.WIRE(ACTIFICATION RED)SOLID 8 590-70* COPPER INSULATED SUITABLE FOR DIRECT BURIAL,(ESTIMATE ONLY;(40)L.F., LS I $ 400.00 $ 400.00 CONTRACTOR IS RESPONSIBLE FOR QUANTIFYING THE ACTUAL REQUIRED QUANTITIES) FURNISH&INSTALL:FOR VALVE WIRE PULL/JUNCTION BOX,STANDARD SIZE HIGHLINE 9 590-70• VALVE BOXES NOMINAL I I"X 16"X 12",LID LABEL TO READ"IRRIGATION".TO INCLUDE 6" EA 2 $ 248.00 $ 496.00 EXTENSIONS AS NEEDED. FURNISH&INSTALL LATERAL PIPING:I"TO 2"SCHEDULE 40 PVC SOLVENT WELD 10 590-70• IRRIGATION PIPING WITH SCHEDULE 40 PVC PIPE FITTINGS.BY TRENCHING,SEE PLAN LS 1 $28,663.00 $ 28,663.00 NOTES AND DETAILS,(ESTIMATE ONLY;(5,308)L.F.,CONTRACTOR IS RESPONSIBLE FOR QUANTIFYING THE ACTUAL REQUIRED QUANTITIES) FURNISH&INSTALL:TORO 220-227-X-5,1.5"220 SERIES BRASS ELECTRIC DC SOLENOID I I 590-70 VALVE WITH PRESSURE REGULATOR,SIZE TO PIPE RED WHITE 206 SERIES ISOLATION I A 2 $ 1,034.00 $ 2,068.00 VALVE;HIGHLINE JUMBO VALVE BOXES NOMINAL 14"X 20"X 12".LID TO READ "IRRIGATION". 6"EXTENSIONS AS NEEDED. CATEGORY II.SUBTOTAL: $ 64,952.10 PUBLIC PAYMENT&PERFORMANCE BONDS I,S I $ 4,100.00 $ 4,100.00 TOTAL BASE BID $ 267,205.86 1 6 B 4 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement:[2023_ver.1] 16B4 it Email: Kristofer.lopez@colliercountyfl,gov Collier County Telephone: (239)252-8375 Proctrernent Services Division Addendum#1 Date: May 30,2023 From: Kristofer Lopez,Procurement Strategist To: Interested Bidders Subject: Addendum#1 Solicitation 23-8130-US 41 (SR45)North Landscape And Irrigation Renovation Improvements This addendum has been issued due to changes to the original bid schedule and Exhibit M—Plans and Specs,Sheet No. LD-98 for the above-referenced solicitation.A revised bid schedule has been issued Change 1.Category I. US 41(SR45)North from Lee County Line(MP 0.00)To Vanderbilt Beach Road (MP 4.553),Median#70— 102.Bid schedule Line Item 10,the estimated mulch quantity changed from 4,109,2 cubic foot bags to 6,816 bags. Line Bid hemiribni Description Units Quantities 1 Item Number WOOD MULCH-3"DEPTH MIN.,PER COLLIER COUNTY MULCH SPECIFICATION,(ESTIMATE 10 560-1-MULCH' ONLY;(4,1e04 0,816)2 CU.FT.BAGS,CONTRACTOR IS RESPONSIBLE FOR QUANTIFYING LS 1 � THE ACTUAL REQUIRED QUANITIIES) ..,. S ... i Change 2. 23-8130 Exhibit M —Plans and Specs, Sheet No. LD-98, Landscape Tabulation of Quantities and Plant Schedule, "580-1 Mulch, (estimate only; Contractor is responsible for quantifying the actual required), ❑ Item No.7,estimated mulch changes from 2,578 to 3,553. M 70 i M 72 M-75 M-77 I M-80 M-81 1 M-82 M-86 f M-87S M-87N D 1 12 LD 14&15 - LD-16&17 LA-19 LD-21 I LDE-23 LD-26&27 LD-28 LD 28&29 LD 10 f 400 449 516 349 430 426 i 143 371 183 i, 149 30 3-89 260 1...... 315 3 „��, .. 323 44 4� Item No.6,estimated mulch changes from 1,,531 to 3,263, M-88 M-89 M-93 ! M 94 M-95 M-98 I M-100 M-102 LD 29&30 LD 31 LD-36&37 3 LD 38&39 LD 40&41 LD-43&44 LD-46 LD-48&49 I 288 420 409 602 586 300 299 379 44-0 246 205 2-54- ......... 34-3 37 4-44 225 CAO i6B4 The following clarifications are issued as an addendum: If you require additional information,please post a question on our Bid Sync(www.bidsnc.com"a bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) j Date /./WA/pi/4,- L. t%�,, d%L 1;Av tied.1 1j I0>u (Name of Firm) 16 B4 FORM I-BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA US 41(SR45)NORTH LANDSCAPE AND IRRIGATION RENOVATION IMPROVEMENTS BID NO.23.8130 Full Name of Bidder Hannula Landscaping and irrigation, Inc. Main Business Address 17051 Jean St Unit 7, Fort Myers FL 33967 Place of Business Fort Myers FL 33967 Telephone No. 239-437-9666 Fax No. 239-437-9665 State Contractor's License# NIA State of Florida Certificate of Authority Document Number P92000010592 Federal Tax Identification Number 65-375795 DUNS#002272420 CCR# Cage Code 71LN4 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 arc those named herein,that this Bid is submitted without collusion with any other person, firm or corporation;that it has carefully examined the location of the proposed Work,the proposed form of Agreement and all other Contract Documents and Bonds,and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents,to provide all necessary machinery,tools, apparatus and other means of construction,including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractors Bonds and Insurance specified in the General Conditions of the Contract,and to do all other things required of the Contractor by the Contract Documents,and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points,and in the case where further decimal points are inadvertently provided,rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded,the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten(10)calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents.The bid security attached is to become the property of the Owner in the event the Agreement,Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth,as liquidated damages,for the delay and additional expense to the Owner,it being recognized that,since time is of the essence,Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement,Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages,will be difficult,if not impossible,to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the 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 Construction Solicitation Doc rev 04152022 1684 above-noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates,and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order,the undersigned proposes to commence work at the site within five(5)calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager,in writing,subsequently notifies the Contractor of a modified(later)commencement date.The undersigned further agrees to substantially complete all work covered by this Bid within one hundred and twenty days(120)consecutive calendar days,computed by excluding the commencement date and including the Iast day of such period,and to be fully completed to the point of final acceptance by the Owner within thirty(30)consecutive calendar days after Substantial Completion,computed by excluding commencement date and including the last day of such period. Acceptance and acknowledgment by an Authorized Agent Signature: �"� President Date: June 13, 2023 Construction Solicitation Doc rev 04152022 p ;fir s 16 B4 FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT US 41(SR45)NORTH LANDSCAPE AND IRRIGATION RENOVATION IMPROVEMENTS Bid No.23-$130 Name Personnel Category Damon Himmel Construction Superintendent Dale Hannula/Damon Himmel Project Manager Construction Solicitation Doc rev 04152022 CAO 16B4 a FOR4i 3-MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications,including compliance with Florida Statute 255.20 to provide lumber,timber,and other forest products produced and manufactured in the State of Florida as long as the price,fitness. and quality are equal. Exceptions (when equals are acceptable)may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager,Bidder shall furnish the manufacturer named in the specification.Acceptance of this form does not constitute acceptance of the material proposed on this list. Complete and sign sections A Qf 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: t.�.4.t/M Date: 06/13/2023 Section B(Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1' None 2. 3. 4. 5. Please insert additional pages as necessary. Company: Hannula Landscaping and Irrigation Inc, Si ire , ... ! � <4.-$114,—` . Date 06/13/2023 Construction Solicitation Doc rev 04152022 CAO 6B4 FORM 4-LIST OF MAJOR SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR THE BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are"qualified"(as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders)and meet all legal requirements applicable to and necessitated by the Contract Documents,including,but not limited to proper licenses, certifications, registrations, and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer.Further,the Owner may direct the Successful Bidder to remove/replace any Subcontractor,at no additional cost to Owner,which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner.(Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents,the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical 2. Mechanical prime Contractor-Hannula Landscaping and Irrigation, Inc. 3. Plumbing? 4. Site Work Prime Contractor-Hannula Landscaping and Irrigation, Inc., 5. Identify other subcontractors that represent more than 10% of price or that affect the critical oath of the schedule Company: Hannula Landscaping and Irrigation Inc. Signature,' C.....���', �' �-,-t� .------w-`"` Date:06/13/2023 Construction Solicitation Doc rev 04152022 CAO 16B4 FORM 5. STATEMENT OF EXPERIENCE OF THE BIDDER-QUALIFICATIONS I THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON-RESPONSIBLE. interested Bidders shall fill in the form below exhibiting past project experience within the last 5 years that are comparable in scale, composition, and overall quality of the site identified in the scope of services and plans for the Iproject. 1 1.Organization Name: Lee County Board of County Comm. Address: 2115 Second Street Contact Person Name: Robert DeBrock Fort Myers, FL 33901 Contact Telephone: 239-533-9425 Contact Email Address: rdebrock@leegov.com Project Name:Homestead Road Landscape& Irrigation Project Date: 03/15/22-09/22/22 Project Costs:$412,507.66 Project Description: Landscape, Irrigation,Site Work, Electrical, Well, and Pump 2. Organization Name: City of Naples Address: 735 8th St. South Contact Person Name: Jim Hodgdon Naples, FL Contact Telephone: 239-213-7'134 Contact Email Address:jhodgdon@naplesgov.com Project Name: Median to R7thestoAve. Nration.onPhase 2 ITB Goodlette Frank Rd Project Date: 06/01/21 -10/08/21 Project Costs: $252,455.70 Project Description: Landscape, Irrigation, Site Work 3.Organization Name: Publix Super Markets, Inc. Address: 3300 Publix Corporate Parkway Contact Person Name: Matt Enander Lakeland, FL 33811 Contact Telephone: 941-377-6800 Contact.Email Address: matt-enander@mesgc.com Project Name: Publix 1655 Marco Island Project Date: 07/2020-10/2021 Project Costs: $622,746.92 Project Description: Landscape, Irrigation, Site Work and Pump. 4.Organization Name: Pelican Sound Golf&River Club Address: 4569 Pelican Sound Blvd. f Contact Person Name:Eric Long Estero, FL 33928 Contact Telephone: 239-948-5232 Contact Email Address: elong@psgrc.org Project Name: River Ridge CDD Roadway Landscape Project Date: Enhancement& Irrigation Project 07/01/2022-03/15/2023 Project Costs: $678,079.05 Project Description: Landscape&Irrigation Rennovation S.Organization Name: Mitchell&Stark Construction, Inc. Address: 6001 Shirley St. Contact Person Name: Mitchell Penner Naples, FL 34109 Contact Telephone: 239-597-2165 Contact Email Address: mpenner@mitchellstark.com Project Name: NESA Collier County Northeast Service Area Interim Wastewater Treatment Plant Project Date: 01-20-2022-03/16/2023 Project Costs:$974,280.95 Project Description: Landscape, Irrigation, Sodding 1684 _____......___....._.FORM 6-TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE. Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act(90-96,Laws of Florida)effective October 1,1990.The Bidder further identifies the cost to be summarized below; Trench Safety Units of Unit Unit Extended('cost Measure Measure (Ouantity) Cos (Description) fLF,SY) l. PVC Irrigation Pipe L. Ft. 5300 $3.00 $15,900 2. ......_..�... 3 —__ __ _ 4. _,_..__.. .____ _ _____ 5. ___ - ____ __ :Po. __ TOTAL $ 15 900.00 _ _ Company: Hannul l andscapg and Irrigation Inc. Signature: 'dam, -'.--.°r1"e-- Date: _06/13/2023 Construction Solicitation Doc rev 04152022 t 1 6 B 4 Executed in 2 Counterparts FORM 7 BED BOND _._.. ___ _. 1 THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONISBLE KNOW ALL MEN BY TIIESE PRESENTS, that we Hannula Landscaping and Irrigation, Inc. (herein after called the Principal) and Merchants National Bonding. Inc. (herein called the Surety), a corporation chartered and existing under the laws of the State of IA with its principal offices in the city of Des Moines ..... . .......... 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 Amount Bid — dollars($5% _� ,good and lawful money of the United States of America,to be paid upon demand of the Owner,to which payment well and truly 10 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 Bid No, 23-8130 US 41(SR45)North Landscape and Irrigation Renovation Improvements. 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 S 5%of Amount Bid noted above as liquidated damages,and not as a penalty,as provided in the Bidding Documents,then this obligation shall u1 Sic void,otherwise to remain in full force and effect. -4 e `',..401110 by . IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly si •.nd)�Sealed_tits • f• 13th day of June .2023 f .t: •1;3 ?6Rl `4%: Y Hannula Landscaping and Irrigation, Inc. d �� ............................. he�p�0 d BY ( L.. ��.Id _..._.. •a.M., Merchants National Bonding, Inc. 5t..• ING........•., - Lisa A. Roseland*,Attorney-In-Fact&FL Licensed Resident Agent •*rr,,7 ' Iry .V ": a 0 ' • Countersigned N/A : a I'=+ t-•, a Ir::aj `; Appointed Producing Agent for Merchants National Bonding, Inc. _ y �� i ,a`..•'' �:,, MtrHo� ... 'Inquiries:407-786-7770 a s :'t: 1684 ..................................................................... MERCHANT\ BONDING COMPANYT. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS ER aHANTSNATIONAL AON ONDIINI called the both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(' ly)(hereincollectively 'Companies')do hereby make,constitute and appoint,individually, Cheryl A Foley;Emily J Golecki;Gloria A Richards;Jeffrey W Reich;Kim E Niv;Lisa A Roseland;Nathan K Reich;Robert P OLinn;Sarah K OLinn; Sonja Amanda Floree Hams;Susan L Reich;Teresa L Durham their true and lawful Attomey(s)-in-Fact, to sign its name as surety(les) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written Instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on Apnl 23, 2011 and amended August 14. 2015 and adopted by the Board of Directors of MerchantsNational Bonding,Inc.,on October 16,2015. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof.' "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 8th day of December ,2022 • .••.�N•••,•• ••....... •. '••• MERCHANTS BONDING COMPANY(MUTUAL) ING,INC. `•`�.'t..PO A<•�•' .0�.,j PO'.1' MERCHANTS MERCHA MERCHANTS NATIONAONAL LL INDEMNITY COMPANY :�.I C,) R40';•.yr. '�:c, 9'I".�...4 ; c2 _0_ v;C; y;? -o- r'' 2003 i�41 a•' 1933 c:e By ;v: .s;.• •c:• 7,/t-' ;4 l� ••. 0••••• \1. . President ,���'••......••;0�� it .' STATE OF IOWA •., * ••• COUNTY OF DALLAS ss. ��•""'��•• On this 8th day of December 2022 before me appeared Larry Taylor,to me personally known,who being by me duty sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING,INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. OA/ Kim Lee tiP r9' Corrmssi ummke 702737 ` � i . My Commission Expires ( s,,r• April 14,2024 � Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. • 13th .........,.., 4� In Witness Whereof,I have hereunto set myhand and affixed the seal of the Companies on thisday of Q, ��e17A �.�, 2�23 S ' ?z e at•r 1933 ;'c Secrets�: ' 2003 j tii J C)a ,{ 2003 :t); .s'. �,. 'v'• .J O• Jarsfi.F '• ` ' POA 0018(10/22) •''••• • `0�," CAO 16B4 FORM 8-INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project,if required,to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant,Subcontractors,agents,and employees of each and all of them,all damages covered by property insurance provided herein,except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate,require similar waivers of subrogation from the County's separate Vendors,Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County",or,the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County,Florida,as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners,OR, Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County.The Certificates of Insurance must state the Contract Number,or Project Number,or specific Project description,or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO)forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage,Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. CoveragefEl shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation,whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County,in a like manner,within twenty-four(24)hours after receipt,of any notices of expiration,cancellation,non- renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice.In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder,Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s)required herein,the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverageal and charge the Vendor for such coverage(sl 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 coverageW purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s)shall in no way he construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s)of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s)shall be considered justification for the County to terminate any and all contracts. CAO 1684 Collier County Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits I. ®Workef's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers'Compensation coverage or a Certificate of Exemption issued by the State of Florida is required.Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption.An application for exemption can be obtained online at https://apps.fdfs.comfbocexem 2. ®Employer's Liability S 1,000,000�single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form)patterned after the $_1,000,000 single limit per occurrence,$2,000,000 aggregate for Bodily current ISO form Injury Liability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ®Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend,indemnify and hold harmless Collier County,its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence, recklessness,or intentionally wrongful conduct of the Contractor/Vendor or anyone employed or utilized by the ContractorNendor in the performance of this Agreement. 5. ®Automobile Liability $_1,000,000_, Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/flired;Automobile Included 6. 0 Other insurance as []Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Narborworker's Act coverage shall be maintained where applicable to the completion of the work. S Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than$5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑Pollution $ Per Occurrence ❑Professional Liability $ Per claim&in the aggregate ❑Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance S Per Occurrence ❑Cyber Liability $ Per Occurrence ❑Technology Errors&Omissions $ Per Occurrence CAO 16R4 7. ®Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or proposal bond in a sum equal to 5%of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ®Performance and For projects in excess of$200,000, bonds shall he submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100%of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner;provided,however,the surety shall be rated as "A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide,published by A.M.Best Company,Inc.of 75 Fulton Street,New York,New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required.This insurance shall be primary and non-contributory with respect to any other insurance maintained by,or available for the benefit of,the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR,Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County. The Certificates of Insurance must state the Contract Number,or Project Number,or specific Project description,or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East,Naples,FL 34112 13. ® Thirty(30)Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will he addressed by the Collier County Risk Management Division. ,f GG-4/4/2023 6:2 / /- — i ,t/ Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands 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. The insurance submitted must provide coverage for a minimum of six(6)months from the date of award. CAO 1684 co County Procurement FORM 9 CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that,to the best of its knowledge and belief,the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules—The firm has not set the"ground rules"for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement)which appears to skew the competition in favor of my firm. Impaired objectivity—The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals/past performance of itself or a competitor,which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor(or an affiliate)with an unfair competitive advantage in current or future solicitations and contracts, In addition to this signed affidavit,the contractor/vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above- mentioned project;and, 2. Indicate if the information produced was obtained as a matter of public record(in the"sunshine")or through non- public(not in the"sunshine")conversation(s),meeting(s),document(s)and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified,may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below,the firm(employees,officers and/or agents)certifies,and hereby discloses,that,to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Hannula Landscaping and Irrigation Inc. Company Name Signature Dale F. Hannula, President Print Name and Title State of Florida County of Lee The foregoing instrument was acknowledged before me by means of IN physical Iresence or 17 online notarization, this 13th day of June (month), 2023 (year),by -4-40-1, Ula (name of person acknowledging). blic- teofFlorida) • " .. (Print,Type,or tamp Commissioned Name of,Jotary Public) Personally Known 01 roduced Identification Type of Identification Produced � � Notary Public State of Florida Renee Rehbein a My Commission HH 047490 Of Expires 01/23/2025 1684 Coirtly CDunty Proctrorneni Soivicesc risi , FORM I 0—VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples,Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith,without collusion or fraud. The Vendor hereby declares the instructions,purchase order terms and conditions,requirements,and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees,if this solicitation submittal is accepted,to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further,the vendor agrees that if awarded a contract for these goods and/or services,the vendor will not be eligible to compete,submit a proposal,be awarded,or perform as a sub- vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF,WE have hereunto subscribed our names on this 13th day of June ,2023in the County of Lee in the State of Florida Firm's Legal Hannula Landscaping and Irrigation Inc. Name: Address: 17051 Jean St. Unit 7 City,State,Zip Fort Myers FL 33967 Code: Florida P92000010592 Certificate of Authority Document Number 65-0375795 Federal Tax Identification Number 71LN4 CAGE Code *Only if Grant Funded Telephone: 239-437-9666 Email: dhannula@hannulalandscapiny.com Signature by: / .� ✓4� 2-z/ter Dale F. Hannula (Typed and written) Title: President CAO 1 6 B 4 Additional Contact Information Send payments to: (required if different Company name used as payee from above) Contact name: Title: Address: City,State,ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: „„,.„, , .- City,State,ZIP Telephone: Email: Secondary Contact for , . this Solicitation: Email: Phone: CAO 1684 Co ler County Proarrernent Services Division FORM 1I-IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed,notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further,Vendors are required to be enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. Acceptable evidence consists of a copy of the properly completed E-Verity Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission ofthe Vendor's bid or within five(5)day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SVI#MIT WITH t ENDOR'S PROPOSAL/BID MAX DEEM.THE VENDOR NON-RESPONSIVE, Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers,constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s))that it is aware of and in comnlimice with the requirements;ei orth in Florida Statates,t4_4$095..and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. Hannula Landscaping and Irrigation Inc. C— ompany Name ,„, a"7"), i Signature Dale F. Hannula, President Print Name and Title State of Florida County of Lee.,__,_ The foregoing instrument was acknowledged before me by means of lK physical t>resence or D online notarization, this 13th day of June (month), 2023 (year),by ualt F. i f 11C1, 2 (name of person acknowledging). c.• M tm. ai�- of (Print,Type,or Stamp Commissioned Name of Notary Public) Personally Known OR educed Identification Y Notary Puthc Stated Florida Type of Identification Produced Renee Rehbein My Commission HH 047490 .0 df Expires 01/23/2025 1684 FORM 12.BIDDERS CHECKLIST )IMPORTANT: No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents.Please read carefully,sign in the spaces indicated,and return with your Bid. FAILURE TO PROVIDE THE AID DOCUMENTS MAY BE GROUNDS TO DEEM YOU NON-RESPONSIVE/NON- RESPONSIBLE. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Bid Schedule has been completed and attached. 5. Any required drawings,descriptive literature,etc.have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed and accepted in BidSync: a. Construction bid instructions form b. Construction services agreement c. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: a. Bid Form(Form 1) b, Contractors Key Personnel(Form 2) c. Material Manufacturers(Form 3) d. List of Major Subcontractors(Form 4) e. Statement of Experience(Form 5) f. Trench Safety Act(Form 6) g. Bid Bond Form(Form 7) h. Insurance and Bonding Requirements(Form 8) i. Conflict of Interest Affidavit(Form 9) j. Vendor Declaration Statement(Form 10) k. Immigration Law Affidavit Certification(Form 11)MUST be signed and attached with your submittal. I. Signed Grant Provisions and Assurances package in its entirety,if applicable,are executed and should be included with your submittal. 9. Copies of required information have been attached a. Business tax Receipt(Collier County Businesses Only) b. Company's E-Verify profile page or memorandum of understanding c. Certificate of Authority to Conduct Business in State of Florida(sunbiz.org) d. Any required professional licenses—valid and current(myfloridalicense.com) (ie:General Contractors license,Underground Utility and Excavation,Builders, Trade Contractors,etc.,as applicable,requested and/or required.) e. Vendor W-9 Form 10. If required,the amount of Bid bond has been checked,and the Bid bond or cashier's check has been submitted. 11. Any addenda have been signed and acknowledgement form attached and included. 12. The Bid will be uploaded in time to be received no later than the specified oi. ning date and time otherwise the Bid cannot be considered. 1 6 B 4 FDair ..00010PP----- '- Florida Department of Transportation RON OESANrrs 605 Suwannee Street JARED W.PERDUE,P.E. GOVERNOR Tailatiassee,FL 32399 045t) SECRETARY May 10,2023 HANNULA LANDSCAPING AND IRRIGATION, INC. 17051 JEAN ST. UNIT 7 FORT MYERS, FLORIDA 33967 RE: CERTIFICATE OF QUALIFICATION The Department of Transportation has qualified your company for the type of work indicated below. FDOT APPROVED WORK CLASSES: GRASSING, SEEDING AND SODDING, LANDSCAPING, IRRIGATION Unless notified otherwise, this Certificate of Qualification will expire 6/30/2024. In accordance with Section 337.14(4) , Florida Statutes, changes to Ability Factor or Maximum Capacity Rating will not take effect until after the expiration of the current certificate of prequalification (if applicable) . In accordance with Section 337.14(1) , Florida Statutes, an application for qualification must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If the company's maximum capacity has been revised, it may be accessed by logging into the Contractor Prequalification Application System via the following link: HTTPS://fdotwpl.dot.state.fl.us/ContractorPreQualification Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. The company may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code (F.A.C.) , by accessing the most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that the company has performed such work. All prequalified contractors are required by Section 14-22.006(3) , F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. Sincerely, Ci—' .I4_, as James E. Taylor II, Prequalification Supervisor Contracts Administration Office JTII:cg Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gpv. CAO 16814 Collier County Board of County Commissioners Certificate of Competency Collier County*City of Marco*City of Naples*City of Everglades Issued Date: 08/24/2022 Company: HANNULA LANDSCAPING AND IRRIGATION INC Address: 17051 JEAN STREET UNIT 7 FORT MYERS,FL 33967 Telephone: (239)437-9666 Qualifier: DALE F.HANNULA License#: C35011 Issuance#: 35011 Classification: IRRIGATION SPRINKLER CONTR. Valid Thru: 09/30/2023 State License#: State Valid Thru: It Is the Qualifier's responsibility to keep current all records with Collier County. This shall include insurance certificates and/or contact information. Always verify licenses online at https:l/cvportal.colliercountyfl.gov/CityViewWeb/ Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. This Collier County Certificate of Competency's status and expiration date may change on July 1,2023,due to the State of Florida House Bill No.735. Please visit our website at yYWw.roiiiercountvfl.cciviaQvt;rnY( Jirowtn.-management,divisionsiaporatiSz.tikregulatory- rrm iag r h`2l.onts tor-livan# for more information as it becomes available. CAO 1684 Collier County Board of County Commissioners Certificate of Competency Collier County*City of Marco*City of Naples*City of Everglades Issued Date:08/24/2022 Company: HANNULA LANDSCAPING AND IRRIGATION INC Address: 17051 JEAN STREET UNIT 7 FORT MYERS,FL 33967 Telephone: (239)437-9666 Qualifier: DALE F.HANNULA License#: C35011 Issuance#: 35010 Classification: LANDSCAPING RESTRICTED CONTR. Valid Thru: 09/30/2023 State License#: State Valid Thru: It is t so Qualifier's responsibility to keep current all records with Collier County. This shall include insurance certificates arid/or contact information. Always verify licenses online at https://cvportal.colliercountyfl.gov/CityViewWeb/ Do not alter this document in any form. This is your license.It is unlawful for anyone other than the licensee to use this document. This Collier County Certificate of Competency's status and expiration date may change on July 1,2023,due to the State of Florida House Bill No.735.Please visit our website at y:,r,Ciu)liexm,a_x.lytwutroyern cienl'grQ.w.0 ti ternen,+`divisionsioperations-rcgv, tory- Efl,7ri uL(1 [ntk?tt.trr3.<.;.tr3r-iicen.;i0g for more information as it becomes available. CAO 6B4 • State of Department State of 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, 2023, that its most recent annual report/uniform business report was filed on January 3, 2023, and that 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 the State of Florida at Tallahassee,the Capital,this the Third day of January, 2023 r • colm;If: Secretary of State Tracking Number 4815753894CC To authenticate this certiflcate,visit the following site,enter this number,and then follow the instructions displayed. h ttps://servic essu nbiz.org/Filings/CertificateOfstatus/CertificateAuthentication t CAO 1684 DIVISION OF CORPORATIONS !.3'Yt;I I rif r ' • r' r r ' pgrairtrnent of Stflte / Vylagn QS cQrr .rg'LQn / Search R..eor § I Search b.Y_Enlity„J_y;arne / Detail by Entity Name Florida Profit Corporation HANNULA LANDSCAPING AND IRRIGATION, INC. Filing Information Document Number P92000010592 FEI/EIN Number 65-0375795 Date Filed 12/08/1992 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 07/18/2008 Event Effective Date NONE Principal Address 17051 Jean Street Unit 7 Fort Myers, FL 33967 Changed:01/13/2020 Mailing Address 17051 Jean Street Unit 7 Fort Myers, FL 33967 Changed: 01/13/2020 Registered Agent Name&Address HANNULA, DALE F 17051 Jean Street Unit 7 Fort Myers, FL 33967 Name Changed: 01/30/2017 Address Changed: 01/13/2020 Officer/Director Detail Name&Address Title PST Hannula, Dale 17051 Jean Street f� /, Unit 7 V (3 �# Fort Myers, FL 33967 I Annual Reports Report Year Filed Date 2021 01/11/2021 2022 01/03/2022 2023 01/03/2023 Document Image Q1J02Q2 -77.ANN,UAk.REPQRT View image in PDF format 01f03/2022-ANNUAL REPORT View image in PDF format 01/11/2021„-ANNUA REPORT View image in PDF format 01/1 170.20,..--ANNUAL.REPQRT View image in PDF format 91/QZQ19--,ANNUAL REPORT View image in PDF format 0/17/2018--ANNUAL REPORT View image in PDF format 0,11N/2017—ANNUAL REPORT View image in PDF format 04/19/2015--,A,NN UAL REPORT View image in PDF format 04/20/2015—ANNUAL REPORT View image in PDF formal 04/17/2014--ANNUAL REPORT View image in PDF formal 04_l19/201Q -ANNUAL REPORT View image in PDF format Q4/0912012—ANNUAL REPORT View image in PDF format p4 25/2,Q11.-ANN,AL.REPORT View image in PDF format 0412.42010—Ami,,tALREpapj View image in PDF format 04/.14/2009-ANNUAL REPORT View image In PDF format 07/18/2008-Name Q,h.ange View Image In PDF format Q4/25/2008--ANNUAL REPORT View image in PDF format 04/ 012 07--ANNUAI,REPORT View Image in PDF format 94/1jl2QQQQ--ANNUAL REPORT View image in PDF format Q4i9L2QQ —ANNUALREPQR7 View image in PDF format 04/2?/20Q4--/1NNUA_,RE,PQ_RI View image in PDF formal 04125f2003--ANNUAL REPORT View Image in PDF format 05/15/2002--ANNUAL REPORT View image in PDF format Q,.51g212001,—ANNUAL REPORT View Image in PDF format 05116/200,0--ANNUAL REPORT View image in PDF format 95/43/1999--ANNUL REPORT View Image in PDF format 51x6/1998--At,NUAL REPORT View image in PDF format 04/29/1997--ANNUAL REPORT View Image in PDF format 051Q1/199 5.--ANN.UAL..REPORT View image in PDF format 05/01/1995--ANNUAL REPORT View image in PDF format CAO 1 6 B 4 r,ar.ria Depart a, Nreorat ., 16B4 .. Request for Taxpayer Form Give Form to the (Rev.October2018) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information. Y Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. Hannula Landscapincj And Irrigation,Inc. .,. 2 Business name/disregarded entity name,if different from above m 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes appy only to re c following seven boxes. certain entities,not individuals;see a p 1 ❑ Individual/sole proprietor or ❑ C Corporation instructions on page 3): ❑ S Corporation ❑ Partnership ❑Trust/estate single-member LLC Exempt payee code(if any) Z.1,6 ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnerahlp)► 0 2 Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting Ta LLC if the LLC Is classified as a single-member LLC that 1s disregarded from the owner unless the owner of the LLC is code(rf anyj E another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that a Y is disregarded from the owner should check the appropriate box for the tax classification of its owner. m It Other(see instructions) tppsotoaccounts maintainedoutside the US.) N 5 Address(number,street,and apt.or suite no.)See instructions Requester's name and address(optional) ..JeanStreetUriitl 6 City,state,and ZIP code Fort Myers Florida 33967 _.. 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN,later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and [Employer identification number Number To Give the Requester for guidelines on whose number to enter. 1 , 6 5 0 1 3 7 5 7 9 5 Pa t#II Certification Under penalties of perjury,I certify that: _.. ._ 1.The number shown on this form is my correct taxpayer Identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because:(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.t am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(If any)Indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not re Tired to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. sign Signature of ,y Here U.B.person► 1/ ;yy Date► f i o 3 General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who Is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018) 1684 Form W-9(Rev.10-2018) Page 2 By signing the filled-out form,you: Example.Article 20 of the U.S.-China income tax treaty allows an 1.Certify that the TIN you are giving is correct(or you are waiting for a exemption from tax for scholarship Income received by a Chinese number to be issued), student temporarily present in the United States.Under U.S.law,this 2.Certify that you are not subject to backup withholding,or student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years.However,paragraph 2 of 3.Claim exemption from backup withholding if you are a U.S.exempt the first Protocol to the U.S.-China treaty(dated April 30,1984)allows payee.If applicable,you are also certifying that as a U.S.person,your the provisions of Article 20 to continue to apply even after the Chinese allocable share of any partnership income from a U.S.trade or business student becomes a resident alien of the United States.A Chinese is not subject to the withholding tax on foreign partners'share of student who qualifies for this exception(under paragraph 2 of the first effectively connected income,and protocol)and is relying on this exception to claim an exemption from tax 4.Certify that FATCA code(s)entered on this form(if any)indicating on his or her scholarship or fellowship income would attach to Form that you are exempt from the FATCA reporting,Is correct.See Whet is W-9 a statement that includes the information described above to FATCA reporting,later,for further information. support that exemption. Note:If you are a U.S.person and a requester gives you a form other If you are a nonresident alien or a foreign entity,give the requester the than Form W-9 to request your TIN,you must use the requester's form if appropriate completed Form W-8 or Form 8233. it is substantially similar to this Form W-9. Backup Withholding Definition of a U.S.person.For federal tax purposes,you are considered a U.S.person if you are: What is backup withholding?Persons making certain payments to you •An individual who is a U.S.citizen or U.S.resident alien; must under certain conditions withhold and pay to the IRS 24%of such payments.This is called"backup withholding." Payments that may be •A partnership,corporation,company,or association created or subject to backup withholding Include interest,tax-exempt interest, organized in the United States or under the laws of the United States; dividends,broker and barter exchange transactions,rents,royalties, •An estate(other than a foreign estate);or nonemployee pay,payments made in settlement of payment card and •A domestic trust(as defined in Regulations section 301.7701-7). third party network transactions,and certain payments from fishing boat operators.Real estate transactions are not subject to backup Special rules for partnerships.Partnerships that conduct a trade or withholding. business in the United States are generally required to pay a withholding You will not be subject to backup withholding on payments you tax under section 1446 on any foreign partners'share of effectively receive if you give the requester your correct TIN,make the proper connected taxable income from such business.Further,in certain cases certifications,and report all your taxable interest and dividends on your where a Form W-9 has not been received,the rules under section 1446 tax return. require a partnership to presume that a partner is a foreign person,and pay the section 1446 withholding tax.Therefore,if you are a U.S.person Payments you receive will be subject to backup withholding if: that is a partner in a partnership conducting a trade or business in the 1.You do not furnish your TIN to the requester, United States,provide Form W-9 to the partnership to establish your 2.You do not certify your TIN when required(see the instructions for U.S.status and avoid section 1446 withholding on your share of Part II for details), partnership income. In the cases below,the following person must give Form W-9 to the 3.The IRS tells the requester that you furnished an incorrect TIN, partnership for purposes of establishing its U.S.status and avoiding 4.The IRS tells you that you are subject to backup withholding withholding on its allocable share of net income from the partnership because you did not report all your interest and dividends on your tax conducting a trade or business in the United States. return(for reportable interest and dividends only),or •In the case of a disregarded entity with a U.S.owner,the U.S.owner 5.You do not certify to the requester that you are not subject to of the disregarded entity and not the entity; backup withholding under 4 above(for reportable interest and dividend •In the case of a grantor trust with a U.S.grantor or other U.S.owner, accounts opened after 1983 only). generally,the U.S.grantor or other U.S.owner of the grantor trust and Certain payees and payments are exempt from backup withholding. not the trust;and See Exempt payee code,later,and the separate Instructions for the •In the case of a U.S.trust(other than a grantor trust),the U.S.trust Requester of Form W-9 for more information. (other than a grantor trust)and not the beneficiaries of the trust. Also see Special rules for partnerships, earlier. Foreign person.If you are a foreign person or the U.S.branch of a What is FATCA Reporting? foreign bank that has elected to be treated as a U.S.person,do not use Form W-9.Instead,use the appropriate Form W-8 or Form 8233(see The Foreign Account Tax Compliance Act(FATCA)requires a Pub.515,Withholding of Tax on Nonresident Aliens and Foreign participating foreign financial institution to report all United States Entities). account holders that are specified United States persons.Certain Nonresident alien who becomes a resident alien.Generally,only a payees are exempt from FATCA reporting.See Exemption from FATCA nonresident alien individual may use the terms of a tax treaty to reduce reporting code, later,and the Instructions for the Requester of Form or eliminate U.S.tax on certain types of income.However,most tax W-9 for more information. treaties contain a provision known as a"saving clause."Exceptions Updating Your Information specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise You must provide updated information to any person to whom you become a U.S.resident alien for tax purposes. claimed to be an exempt payee if you are no longer an exempt payee If you are a U.S.resident alien who is relying on an exception and anticipate receiving reportable payments in the future from this contained in the saving clause of a tax treaty to claim an exemption person.For example,you may need to provide updated information if from U.S.tax on certain types of income,you must attach a statement you are a C corporation that elects to be an S corporation,or if you no to Form W-9 that specifies the following five items. longer are tax exempt.In addition,you must furnish a new Form W-9 if 1.The treaty country.Generally,this must be the same treaty under the name or TIN changes for the account;for example,if the grantor of a which you claimed exemption from tax as a nonresident alien. grantor trust dies. 2.The treaty article addressing the income. Penalties 3.The article number(or location)in the tax treaty that contains the saving clause and its exceptions. Failure to furnish TIN.If you fail to furnish your correct TIN to a 4.The type and amount of income that qualifies for the exemption requester,you are subject to a penalty of$50 for each such failure from tax. unless your failure is due to reasonable cause and not to willful neglect. 5.Sufficient facts to justify the exemption from tax under the terms of Civil penalty for false information with respect to withholding.If you the treaty article. make a false statement with no reasonable basis that results in no backup withholding,you are subject to a$500 penalty. 16B4 Form W-9(Rev.10-2018) Page 3 Criminal penalty for falsifying information.Willfully falsifying `IF the entity/person on line 1 Is THEN check the box for... certifications or affirmations may subject you to criminal penalties a(n) .. including fines and/or imprisonment. a Misuse of TINs.If the requester discloses or uses TINs In violation of • Corporation Corporation federal law,the requester may be subject to civil and criminal penalties. •TIndividual IndividuaVsole proprietor or single- • Sole proprietorship,or member LLC Specific Instructions • Single-member limited liability company(LLC)owned by an Line 1 individual and disregarded for U.S. You must enter one of the following on this line;do not leave this line federal tax purposes. blank.The name should match the name on your tax return. • LLC treated as a partnership for Limited liability company and enter, If this Form W-9 is for a joint account(other than an account U.S.federal tax purposes, the appropriate tax classification. maintained by a foreign financial institution(FFI)),list first,and then • LLC that has filed Form 8832 or ', (P=Partnership;C=C corporation;1 circle,the name of the person or entity whose number you entered in '2553 to be taxed as a corporation, or S=S corporation) Part I of Form W-9.If you are providing Form W-9 to an FFI to document or a joint account,each holder of the account that is a U.S.person must provide a Form W 9. .• LLC that is disregarded as an entity separate from Its owner but a. Individual.Generally,enter the name shown on your tax return.If the owner is another LLC that is you have changed your last name without Informing the Social Security not disregarded for U.S.federal tax Administration(SSA)of the name change,enter your first name,the last purposes. name as shown on your social security card,and your new last name. __. Note:ITIN applicant:Enter your individual name as it was entered on • Partnership Partnership your Form W-7 application,line la.This should also be the same as the ;• Trust/estate Trust/estate name you entered on the Form 1040/1040A/1040EZ you filed with your Line 4, Exemptions application. b. Sole proprietor or single-member LLC.Enter your individual If you are exempt from backup withholding and/or FATCA reporting, name as shown on your 1040/1040A/1040EZ on line 1.You may enter enter in the appropriate space on line 4 any code(s)that may apply to your business,trade,or"doing business as"(DBA)name on line 2. you. c. Partnership,LLC that is not a single-member LLC,C Exempt payee code. corporation,or S corporation.Enter the entity's name as shown on the • Generally,individuals(including sole proprietors)are not exempt from entity's tax return on line 1 and any business,trade,or DBA name on backup withholding. line 2. • Except as provided below,corporations are exempt from backup d. Other entities.Enter your name as shown on required U.S.federal withholding for certain payments,including interest and dividends. tax documents on line 1.This name should match the name shown on the • Corporations are not exempt from backup withholding for payments charter or other legal document creating the entity.You may enter any made in settlement of payment card or third party network transactions. business,trade,or DBA name on line 2. • Corporations are not exempt from backup withholding with respect to e. Disregarded entity.For U.S.federal tax purposes,an entity that is attorneys'fees or gross proceeds paid to attorneys,and corporations disregarded as an entity separate from its owner is treated as a that provide medical or health care services are not exempt with respect "disregarded entity." See Regulations section 301.7701-2(c)(2)(lii).Enter to payments reportable on Form 1099-MISC. the owner's name on line 1.The name of the entity entered on line 1 should never be a disregarded entity.The name on line 1 should be the The following codes identify payees that are exempt from backup name shown on the income tax return on which the income should be withholding.Enter the appropriate code in the space in line 4. reported.For example,if a foreign LLC that is treated as a disregarded 1—An organization exempt from tax under section 501(a),any IRA,or entity for U.S.federal tax purposes has a single owner that is a U.S. a custodial account under section 403(b)(7)if the account satisfies the person,the U.S.owner's name Is required to be provided on line 1.If requirements of section 4010)(2) the direct owner of the entity is also a disregarded entity,enter the first 2—The United States or any of Its agencies or instrumentalities owner that is not disregarded for federal tax purposes.Enter the disregarded entity's name on line 2,"Business name/disregarded entity 3—A state,the District of Columbia,a U.S.commonwealth or name."If the owner of the disregarded entity is a foreign person,the possession,or any of their political subdivisions or instrumentalities owner must complete an appropriate Form W-8 instead of a Form W-9. 4—A foreign government or any of its political subdivisions,agencies, This is the case even if the foreign person has a U.S.TIN. or Instrumentalities Line 2 5—A corporation If you have a business name,trade name,DBA name,or disregarded 6—A dealer In securities or commodities required to register in the entity name,you may enter it on fine 2. United States,the District of Columbia,or a U.S.commonwealth or possession Line 3 7—A futures commission merchant registered with the Commodity Check the appropriate box on line 3 for the U.S.federal tax Futures Trading Commission classification of the person whose name is entered on line 1.Check only 8—A real estate Investment trust one box on line 3. 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the Investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 C'AO 1 6 B 4 Form W-9(Rev.10-2018) Page 4 The following chart shows types of payments that may be exempt M—A tax exempt trust under a section 403(b)plan or section 457(g) from backup withholding.The chart applies to the exempt payees listed plan above,1 through 13. Note:You may wish to consult with the financial institution requesting IF the payment is for... THEN the payment is exempt this form to determine whether the FATCA code and/or exempt payee for... code should be completed. Interest and dividend payments All exempt payees except Line 5 for 7 Enter your address(number,street,and apartment or suite number). Broker transactions Exempt payees 1 through 4 and 6 This is where the requester of this Form W-9 will mail your information through 11 and all C corporations, returns.If this address differs from the one the requester already has on S corporations must not enter an file,write NEW at the top.If a new address is provided,there is still a exempt payee code because they chance the old address will be used until the payor changes your are exempt only for sales of address in their records. j noncovered securities acquired Line 6 prior to 2012. .._.._,.,..._. Enter your city,state,and ZIP code. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends I Part I. Taxpayer Identification Number(TIN) Payments over$600 required to be Generally,exempt payees Enter your TIN in the appropriate box.If you are a resident alien and reported and direct sales over 1 through 52 you do not have and are not eligible to get an SSN,your TIN is your IRS $5,0001 individual taxpayer identification number(ITIN).Enter it in the social security number box.If you do not have an ITIN,see How to get a TIN Payments made in settlement of Exempt payees 1 through 4 below. payment card or third party network If you are a sole proprietor and you have an EIN,you may enter either transactions your SSN or EIN. See Form 1099-MISC,Miscellaneous Income,and its instructions. If you are a single-member LLC that is disregarded as an entity separate from its owner,enter the owner's SSN(or EIN,if the owner has 2 However,the following payments made to a corporation and one). Do not enter the disregarded entity's EIN.If the LLC is classified as reportable on Form 1099-MISC are not exempt from backup a corporation or partnership,enter the entity's EIN. withholding:medical and health care payments,attorneys'fees,gross proceeds paid to an attorney reportable under section 6045(f),and Note:See What Name and Number To Give the Requester,later,for payments for services paid by a federal executive agency. further clarification of name and TIN combinations. Exemption from FATCA reporting code.The following codes identify How to get a TIN.If you do not have a TIN,apply for one immediately. payees that are exempt from reporting under FATCA.These codes To apply for an SSN,get Form SS-5,Application for a Social Security apply to persons submitting this form for accounts maintained outside Card,from your local SSA office or get this form online at of the United States by certain foreign financial institutions.Therefore,if www.SSA.gov.You may also get this form by calling 1-800 772 1213. you are only submitting this form for an account you hold in the United Use Form W-7,Application for IRS Individual Taxpayer Identification States,you may leave this field blank.Consult with the person Number,to apply for an ITIN,or Form SS-4,Application for Employer requesting this form if you are uncertain if the financial institution is Identification Number,to apply for an EIN.You can apply for an EIN subject to these requirements.A requester may indicate that a code is online by accessing the IRS website at www.irs.gov/Businesses and not required by providing you with a Form W-9 with"Not Applicable"(or clicking on Employer Identification Number(EIN)under Starting a any similar indication)written or printed on the line for a FATCA Business.Go to www.irs.gov/Forms to view,download,or print Form exemption code. W-7 and/or Form SS-4. Or,you can go to www.irs.govlOrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 A—An organization exempt from tax under section 501(a)or any business days. individual retirement plan as defined in section 7701(a)(37) If you are asked to complete Form W-9 but do not have a TIN,apply B—The United States or any of its agencies or instrumentalities for a TIN and write"Applied For"in the space for the TIN,sign and date C—A state,the District of Columbia,a U.S.commonwealth or the form,and give it to the requester.For interest and dividend possession,or any of their political subdivisions or instrumentalities payments,and certain payments made with respect to readily tradable D—A corporation the stock of which Is regularly traded on one or instruments,generally you will have 60 days to get a TIN and give it to more established securities markets,as described in Regulations the requester before you are subject to backup withholding on section 1.1472-1(c)(1)(i) payments.The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until E—A corporation that is a member of the same expanded affiliated you provide your TIN to the requester. group as a corporation described in Regulations section 1.1472-1(c)(1)(i) Note:Entering"Applied For"means that you have already applied for a F—A dealer in securities,commodities,or derivative financial TIN or that you intend to apply for one soon. instruments(including notional principal contracts,futures,forwards, Caution:A disregarded U.S.entity that has a foreign owner must use and options)that is registered as such under the laws of the United the appropriate Form W-8. States or any state G—A real estate investment trust Part II. Certification H—A regulated investment company as defined in section 651 or an To establish to the withholding agent that you are a U.S.person,or entity registered at all times during the tax year under the Investment resident alien,sign Form W-9.You may be requested to sign by the Company Act of 1940 withholding agent even if item 1,4,or 5 below indicates otherwise. I—A common trust fund as defined In section 584(a) For a joint account,only the person whose TIN is shown in Part I J—A bank as defined in section 581 should sign(when required).In the case of a disregarded entity,the K—A broker person identified on line 1 must sign.Exempt payees,see Exempt payee L—A trust exempt from tax under section 664 or described in section code,earlier. 4947(a)(1) Signature requirements.Complete the certification as indicated in items 1 through 5 below. 1684 Form W-9(Rev.10-2018) Page 5 1.Interest,dividend,and barter exchange accounts opened --- For this type of account: Give name and EIN of: before 1984 and broker accounts considered active during 1983. iq,Account with the Department of The public entity You must give your correct TIN,but you do not have to sign the certification. Agriculturein the name of a public entity(such as a state or local 2.Interest,dividend,broker,and barter exchange accounts government,school district,or opened after 1983 and broker accounts considered inactive during prison)that receives agricultural 1983.You must sign the certification or backup withholding will apply.If program payments you are subject to backup withholding and you are merely providing your correct TIN to the requester,you must cross out item 2 in the 15.Grantor trust filing under the Form The trust certification before signing the form. 1041 Filing Method or the Optional 3.Real estate transactions.You must sign the certification.You may Form 1099 Filing Method 2(see cross out Item 2 of the certification. Regulations section 1.671-4(b)(2)(i)(B)) 4.Other payments.You must give your correct TIN,but you do not 'List first and circle the name of the person whose number you furnish. have to sign the certification unless you have been notified that you If only one person on a joint account has an SSN,that person's number have previously given an incorrect TIN."Other payments"include must be furnished. payments made in the course of the requester's trade or business for 2 Circle the minor's name and furnish the minor's SSN. rents,royalties,goods(other than bills for merchandise),medical and health care services(including payments to corporations),payments to 3 You must show your individual name and you may also enter your a nonemployee for services,payments made in settlement of payment business or DBA name on the"Business name/disregarded entity" card and third party network transactions,payments to certain fishing name line.You may use either your SSN or EIN(if you have one),but the boat crew members and fishermen,and gross proceeds paid to IRS encourages you to use your SSN. attorneys(including payments to corporations). "List first and circle the name of the trust,estate,or pension trust.(Do 5.Mortgage interest paid by you,acquisition or abandonment of not furnish the TIN of the personal representative or trustee unless the secured property,cancellation of debt,qualified tuition program legal entity itself is not designated in the account title.)Also see Special payments(under section 529),ABLE accounts(under section 529A), rules for partnerships,earlier. IRA,Coverdell ESA,Archer MSA or HSA contributions or *Note:The grantor also must provide a Form W-9 to trustee of trust. distributions,and pension distributions.You must give your correct Note:If no name is circled when more than one name is listed,the TIN,but you do not have to sign the certification. number will be considered to be that of the first name listed. What Name and Number To Give the Requester Secure Your Tax Records From Identity Theft For this type of account: Give name and SSN of: Identity theft occurs when someone uses your personal information 1 Individual The individual such as your name,SSN,or other identifying Information,without your 2.Two or more individuals(joint The actual owner of the account or,if permission,to commit fraud or other crimes.An identity thief may use account)other than an account combined funds,the first individual or. your SSN to get a job or may file a tax return using your SSN to receive maintained by an FFI the account' a refund. 3.Two or more U.S.persons Each holder of the account To reduce your risk: (joint account maintained by an FFI) •Protect your SSN, 4.Custodial account of a minor The minor' •Ensure your employer is protecting your SSN,and (Uniform Gift to Minors Act) •Be careful when choosing a tax preparer. 5.a.The usual revocable savings trust The grantor-trustee' If your tax records are affected by identity theft and you receive a (grantor is also trustee) notice from the IRS,respond right away to the name and phone number b.So-called trust account that is not The actual owneri printed on the IRS notice or letter. a legal or valid trust under state law If your tax records are not currently affected by identity theft but you 6.Sole proprietorship or disregarded The owner3 think you are at risk due to a lost or stolen purse or wallet,questionable entity owned by an individual credit card activity or credit report,contact the IRS Identity Theft Hotline 7.Grantor trust filing under Optional The grantor' at 1-800-908-4490 or submit Form 14039. Form 1099 Filing Method 1(see For more information,see Pub.5027,Identity Theft Information for Regulations section 1.671-4(b)(2)(1) Taxpayers. (A)) Victims of Identity theft who are experiencing economic harm or a For this type of account: Give name and EIN of: systemic problem,or are seeking help in resolving tax problems that 8 Disregarded entity not owned by an The owner have not been resolved through normal channels,may be eligible for individual Taxpayer Advocate Service(TAS)assistance.You can reach TAS by 9.A valid trust,estate,or pension trust Legal entity° calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. 10.Corporation or LLC electing The corporation Protect yourself from suspicious emails or phishing schemes. corporate status on Form 8832 or Phishing is the creation and use of email and websites designed to Form 2553 mimic legitimate business emails and websites.The most common act 11.Association,club,religious, The organization is sending an email to a user falsely claiming to be an established charitable,educational,or other tax- legitimate enterprise in an attempt to scam the user into surrendering exempt organization I private information that will be used for identity theft. 12.Partnership or multi-member LLC The partnership 13.A broker or registered nominee The broker or nominee CAO 1684 Form W-9(Rev.10-2018) Page 6 The IRS does not initiate contacts with taxpayers via emails.Also,the Privacy Act Notice IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers,passwords,or similar secret access Section 6109 of the Internal Revenue Code requires you to provide your information for their credit card,bank,or other financial accounts. correct TIN to persons(including federal agencies)who are required to If you receive an unsolicited email claiming to be from the IRS, file information returns with the IRS to report interest,dividends,or certain other income paid to you;mortgage interest you paid;the forward this message to phishing@irs.gov.You may also report misuse acquisition or abandonment of secured property;the cancellation of of the IRS name,logo,or other IRS property to the Treasury Inspector debt;or contributions you made to an IRA,Archer MSA,or HSA.The General for Tax Administration(TIGTA)at 1-800-366-4484.You can person collecting this form uses the information on the form to file forward suspicious emails to the Federal Trade Commission at information returns with the IRS,reporting the above information. spam@uce.gov or report them at www.ftc.gov/complaint.You can Routine uses of this information include giving it to the Department of contact the FTC at www.Rc.gov/idtheft or 877-IDTHEFT(877-438-4338). Justice for civil and criminal litigation and to cities,states,the District of If you have been the victim of identity theft,see www.IdentilyTheft.gov Columbia,and U.S.commonwealths and possessions for use in and Pub.5027. administering their laws.The information also may be disclosed to other Visit www.irs.gov/ldentityTheft to learn more about identity theft and countries under a treaty,to federal and state agencies to enforce civil how to reduce your risk. and criminal laws,or to federal law enforcement and intelligence agencies to combat terrorism.You must provide your TIN whether or not you are required to file a tax return.Under section 3406,payers must generally withhold a percentage of taxable interest,dividend,and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. CAO 6/12/23,1:44 PM My Company Profile I E-Verify An official website of the United States government 16 B 4 Here's how you know.. Elierify Menu My Company Account fly Company Profile Company Information Company Name Hannula Landscaping and Irrigation, Inc. Doing Business As (DBA) Name Company ID 262825 Enrollment Date Oct 09, 2009 Employer Identification Number (EIN) 650375795 Unique Entity Identifier(UEI) DUNS Number 002272420 Total Number of Employees 20 to 99 NAICS Code https://everify.uscis.gov/account/company/profile 1/3 6/12/23, 1:44 PM My Company Profile j E-Verify 238 1 6 8 4 Sector Construction Subsector Specialty Trade Contractors Edit Company Information Employer Category Employer Category None of these categories apply Edit Employer Category Company Addresses Physical Address 17051 lean Street Unit 7 Fort Myers, FL 33967 Mailing Address Same as Physical Address Edit Company Addresses https://everify.uscis.gov/account/company/profile CAQ 2/3 6/12/23,1:44 PM My Company Profile i E-Verify 16 8 4 Hiring Sites Number of Sites 1 Edit Hiring Sites S Company Access and MOU My Company is Configured to: Verify Its Own Employees Memorandum of Understanding View Current MOU U.S. Depprtrnent of Homeland Security. U.S. Citizenship and immigrat�Servlces Accessibility. Plug-ins Site Map `. ' S `« �IIIII https-levenfy.uscis.gov/accounticompany/profile CAO 313 16B4 1 ® DATE(MMlDDIYYYY) , ACORO CERTIFICATE OF LIABILITY INSURANCE 1/3/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 1NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). -- .... _... CONTACT PRODUCER :NAME: Brown&Brown of FL, Inc.-Fort Myers 'PHONE 6611 Orion Drive Suite 201 E-MAIL L,�li:-12392780278 FAX No_239-278-5306 Fort Myers FL 33912 AookEss: lone.frostlrbbrown.corn INSURERiS)AFFORDING COVERAGE ." __ NAIC0 INSURER A:Southern-Owners Insurance Company 10190 ..M...... 16667 INSURED INSURER B:Auto-Owners Insurance Com/a j 18988 Hannula Landascaping&Irrigation Inc. 17051 Jean Street Unit 7 INSURER C•:Federal Insurance Company20281 Fort Myers FL 33967 INSURER 0:FFVA Mutual Insurance Co. 10385 INSURERS:Kinsale Insurance Comcanj • INSURER F: COVERAGES CERTIFICATE NUMBER:1266035936 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. TYPE OF INSURANCE It., POLICY NUMBER ,MM POLICY \'n EFF I IMMIDD/YYTY INARX COMMERCIAL GENERAL LIABILITY 20317772 1/1/2023 111/202EXP LIMITS I LTR 4 EACH OCCURRENCE ',$1,000,000 DAMAGE TO RENTS/: CLAIMS-MADE X OCCUR 1 .PREMISES Ea oocarrencei $300,000 MED EXP(Any one person $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000 000 POLICY i X J JECT I I LOC , PRODUCTS-COMPIOP AGO „$2,000,000 _. OTHER: B AUTOMOBILE LIABILITY i,5156153400 1/1/2023 1/1/2024V COMB Ea accident,, NOL LYMSI $1,000,000 X j ANY AUTO - BODILY INJURY(Per person) :,$ OWNED SCHEDULED BODILY INJURY(Per accident);$ AUTOS ONLY AUTOS - X HIRED X NON.OWNED PROPERTY DAMAGE $ AUTOS ONLY _...;AUTOS ONLY ,Per accidents $ A X UMBRELLA LIAB X OCCUR 5156153401 1/1/2023 1/1/2024 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 0E0 X RETENTION$ `3 U T $ - PER OTH D WORKERS COMPENSATION WC840-0035419-2023A 1/1/2023 1/1/2024 X STATUTE ER 'AND EMPLOYERS'LIABILITY YIN '( ANYPROPRIETORIPARTNERJEXECUTIVE N ' E L EACH ACCIDENT i$1,000,000 OFFICER/MEMBEREXCLUDEO? NIA (Mandatory in NH) E L DISEASE EA EMPLOYEE'$1,000,000 If yes,describe under .._....". 'DESCRIPTION OF OPERATIONS below E.L.DISEASE•POLICY LIMIT ',$1,000,000 C ;Leased&Rented Equipment gmpment 45469032EUC 111/2023 1/1/2024 ^Lease/Rented 500,000 E Umbrella over Auto '01002198160 1/1/2023 1/1/2024 Limit 3,000,000 1 I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Dale Hannula is included for workers compensation coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3299 Tamiami Trail E Naples FL 34112 AUTHORIZEDfJ REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CAO 16B4 a) O R "Z o• V] E 3 te .-E t v Q, o J r. u. t ,te, C. C/A o p 'r, CID O ¢ el Q N O m V./ '' �I o E-. 0- y , ;WO C6 bi... 1-1 L0A' E '+ 4 o m �I 72 Ogam 1 -d a° * N f • aW 5�� C U m ~ ` 0 E � v., X 'U U ,w E i m t • Z'W '0 L x L x M 04 CAO 16B4 s . _c y .j fL ro U ,C t V 0 L I'q .L. F: d co o -n U '= o N O n C 'n J U mI.L N Lel ftl N enW '? o u .n F- N CD A. U E i w. , L l I1 , Q� II i R ermill H 1u O At 1— Q LL p� d d p 3 ... II1 Cl 0 tIa. v) I CAO 1 6 8 4 ..,______,_.........._,........,...._„. ....._., ,.. . .....,_ 1' , Certificate of Completion 1 I DALE HANN ti Lik 1 Has Completed a Florida Department of ! Transportation Approved Temporary Traffic I Control (TTC) Intermediate (Refresher) h ,., 1 012.024 36 ,t,Thrmifmai-c :,,h1 65620 ; I - . 1 Date Expires FDOT Provider# Instructor Certificate# , i / — i T2 Centers University of Florida i--,. 2100 NE Waldo Road I I Tyr Ualvemly c?f noriax Gainesville,FL 32609 F , . I" INT( , 16FL Ilwaspoitabon trkstitute techtransfor.00.utedu , ,,, fkra Yo.v.i.tio.liarystary i MaSCIOCChigUn.edil II UMW asrrY7f MORON. For more Information a bou t Temporary Traffic Control ITTC)or to verity this cortiftcate veww.motadmin.corn , ..., CAO 16B4 Certificate of Completion William Himmel Has Completed a Florida Department of Transportation Approved Temporary Traffic Control (TTC) Advanced (Refresher) Course. 0211$0024 113 Raymond GC)d'trt;o ci _.;ri l Date Expires FDOT Provider# Instructor Certificate# Public Works Academy 901 Street South Si,Petersburg,FL 33711F D 07T www.pubiicworksacademy.org uitiCIw gormanra@pcsb.org ACADEMYFor more information hout Temporary Traffic Control(TTC)or to verify this certificate www.motadmin.com 1' CAO ib B4 EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Damon Himmel Construction Superintendent Dale Hannula/Damon Himmel Project Manager 10 Construction Services Agreement:[2023_ver.1] +_A 6 F.3 4 INSTR 6443678 OR 6280 PG 1280 RECORDED 8/21/2023 2:47 PM PAGES 7 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$61.00 EXHIBIT B-1:PUBLIC PAYMENT t3%,ND — " Executed in 2 Counterparts Bond No. 100088995 Contract No. 23-8130 KNOW ALL MEN BY THESE PRESENTS: That Hannula Landscaping and Irrigation, Inc. 17051 Jean Street Unit 7, Fort M,ers, FL 33967 1239 437-9666-----__, as Principal, and Merchants National Bondin-Inc. as Surety, located at PO Box 14498 Des Moines IA 50306-3498,;,5151 243-8171 (Business Address) are held and firmly bound to Collier Couni', Board of Count.* as Obligee In the sum of Two Hundred Six'.-Seven Thousand Two Hundred Five and 86/100 ($267 205.86----- for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly end severally. WHEREAS, Principal has entered into a contract dated as of the P*i "'day of t&U o-a An(2e f_ 20 1.12 , with Obligee for US 41 SR45 North Landsca;_•e and Irriqation*k in Collier County FL 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 aIS+ day of fl 20,A3 ,the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. "Commissioners **Renovation Improvements 11 ConsirucUon Services Agreement:12023_V8r.1] sys 1684 Signed, seated and delivered in the presence of: PRINCIPAL `""'°"•"",,,, v... Hannula Landscaping arra 1104W Li,4 .y • Z 3 C 04631-'2-7.71—. ry , J BY: -' 'u ' i' �j�� 1 Witnesses as to Principal NAME: O.Jc._ F Ef „i v-,/ .."a . ITS: P/scsi�e '� ,~ ..•••'-\.• STATE OF TA ^'1/.J y'ng. COUNTY OF ( _a_do� The foregoing instrument was acknowledged before me by means of physical presence or 0 online otarizaticip, this I day of Aii -f- 20 Z by of �M - ' as ' � o4M" Verri _ corporation, on behalf of the corporation. He/she sib--personally knowr�_to me�OR has produced w_ — asf(dentification and did (did not) take an oath. My Commission Expires: ►� ure • , Oa ' • ublic i to�py� Notary Public State of Florida NAME: Renee Rehbein -�-� e-hbcin • l• per My Commission HH 047490 ''10,,d' Expires 01/23/2025 (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: Merchants National Bonding, Inc. (Printed Name)N/A N/A _ ...wr.._u.... — N/A (Business Address N/A __ __ N/A (Authorized Signature) N/A _ __ N/A Witnesses to Surety (Printed Name) 12 Construction Services Agreement.(2023_ver,1l 16B4 OR Jeffrey eich As Attorney in Fact & FL Lic. Resttf" 'f1 gent " , (Attach Power of Attorney) V, r 1c Lisa A. Roseland * .',1- Wit sses E ecki (Printed Name) Inquiries: `t ' -786-j77 ,4: 4) Q : ii f •• ,e . N : * 4,• PO Box 14498 14'''•••••••'••� �40.' Des Moines, IA 50306-3498 ' 'i (6700 Westown Parkway, West Des Moines IA 50266-7754) (Business Address) 515-243-8171 (Telephone Number) STATE OF Florida COUNTY OF Orange The foregoing instrument was acknowledged before me by means of ® physical presence or 0 online notarization, this 16th day of August 2023 by Lisa A. Roseland , as Attorney-In-Fact of Merchants National Bonding, Inc. a _._ corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification -nd did (did not) take an oath. Mw r�nsmt..oic.n.rvpi.cci(12/O.Q/2(12f q .,������ 1 Notary Public State of Florida I 'P.' ��-0 h otary P 141 ) • LL 1 _ Elizabeth Luu Karoly 1 My Commission HH 283384 1111 Name; Eliza•e uu Karoly Expires 7/9/2026 - (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: HH 2$3384 13 Construction Services Agreement:12023_ver,1 i 1684 EXHIBIT B-2:PUBLIC PERFORMANCE BOND Executed in 2 Counterparts Bond No. 100088995 Contract No. 2'-8130 KNOW ALL MEN BY THESE PRESENTS: That Hannula LandscauinL_ and lrriLation, Inc. 17051 Jean Street, Unit 7, Fort Myers as Principal, and Merchants National Bonding, inc. ---- --_-------_ -___ -- as Surely, located at PO Box 14498. Des Moines, IA 50306-3498, (515) 243-8171 (Business Address) are held and firmly bound to Collier Count_: Board of Count; Commissioners , as Obligee in the sum of Two Hundred Sixty:-Seven Thousand Two Hundred Five and 86/100 ($267 20_.86------- 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 few day of ILIQvaiv‘b-ee 20 Li , with Obligee for US 41 ,SR45t North Landscal:e and hrrication Renovation improvements in Collier County, FL 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 al 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 lime specified in the Contract,then this bond is void;otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety,for value received,hereby stipulates and agrees that no changes,extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes,extensions of time,alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. in no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. !N WITNESS WHEREOF, the above parties have executed this instrument this .Ais'f day of Pr iA 3 S - , 20a3 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 14 Construction Services ABreamenl:12023_ver.1) 1 6 B 4 40. Signed, sealed and delivered in the presence of: PRINCIPAL Hannula Landscaping and Irrigation) r9 1Ne. '° itnesses as to Principal i r"S , w; C NAME: _is k. F. /v a �r trj ITS: _ Pao.>;I^ t ... STATE OF '�tVY,L0O-- .. _ •-�t COUNTY OF 1 _`,,,e,e, The foregoing instrument was acknowledged before me y means of,.physical presence or 0 oniinoriz on,n this n, ,... day of _ 20 3, by as ° ��pgyi, �,��-of q_, a corporation, on behalf of the corpora ions Hersonally knoo me OR has produced ___. _...___. __._. _ �._. as identification and did (did not) take an oath. My Commission Expires: _ _ (Signature o o ary Public) �p • ...•,, Notary Public State of Florida Name: �' �p <1 �.�G.{• f If fi Renee Rehbein y o r My Commission HH 047490 (Legibly Printed) "' r Expires 01/23/2025 (AFFI' 0 1 • Notary Public, State of: flora Commission No.: H-f -0..y--_y`/0 15 Construction Services Agreement:12023_ver.11 16B4 ATTEST: SURETY: Merchants National Bonding, Inc. (Printed Name) N/A N/A - N/A (Business Address) N/A (Authorized Signature) N/A N/A Witnesses as to Surety (Printed Name) OR Jeffrey . eich As Attorney in Fact & FL Lic. Re i nt ''erif' t • (Attach Power of Attorney) �1 Lisa A. Roseland O•• °o lel n es E I lecki (Printed Name) Inquiries:407=,7• 0•: `v PO Box 14498 • VVV Des Moines, IA 50306-3498 •�,•� (6700 Westown Parkway, West DeS449ineVAR(1266-7754) (Business Address) 515-243-8171 (Telephone Number) STATE OF Florida COUNTY OF Orange The foregoing instrument was acknowledged before me by means of lA physical presence or ❑ online notarization, this 16th day of August _, 2023 , by Lisa A. Roseland , as Attorney-In-Fact of Merchants National Bonding, Inc. , a owa 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: 07/09/2026 P � '".ture • ota 'ublic) Notary Public State of Florida Eliza.eth Luu Karoly Elizabeth Luu Karoly _ _ ._..- My Commission HN 283384 ► (Legibly Printed) tut Expires 7/9/2026 (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: HH 283384 16 Construction Services Agreement:(2023 ver.1) 6 B 4 1 MERCHANT. BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies')do hereby make,constitute and appoint,individually, Cheryl A Foley;Emily J Golecki;Gloria A Richards;Jeffrey W Reich;Kim E Niv;Lisa A Roseland;Nathan K Reich;Robert P OLinn;Sarah K OLinn; Sonja Amanda Floree Harris;Susan L Reich;Teresa L Durham their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and seated by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of MerchantsNational Bonding,Inc.,on October 15,2015. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof.° "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed," In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut parity hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 8th day of December ,2022 • ............. "•• MERCHANTS BONDING COMPANY(MUTUAL) .•gip, A�B, . .a�\NG CO,A•• MERCHANTS NATIONAL BONDING,INC. ;may•40RP0AV •0y: 40O,�ORP09q�gy� d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY v•: 2003 ;�A; •• .' 1933 :•�• By •,4•.,% . 7ce7z,___ •%:: '.mod. •ac. Jti •.. .•.0t... • �+I.. •l�•• Presidenrzi:v7-t STATE OF IOWA •;." ' • • COUNTY OF DALLAS as. On this 8th day of December 2022 , before me appeared Larry Taylor, to me personally known,who being by me duly sworn did say that he Is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Kim Lee o `i �;, Camn swan Number702737 "az My Commissn Et op ies hrNr Apn714,2024 l l'AIJYY\t 6.---W.1 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. <al& nurrtj',• In Witness Whereof,l have hereunto set my hand and affixed the sea!of the Companies on thini day of �'(OHA ''•. ••.....,• 0NAi... 0041. ita 'Rp4fr.; 1. f:>: 4 • 2003 :rtzl ;a 1933 ;c Secretary �: ••'�,, '•�••,, "POA 0018 (10/22) •••• �'`'11trrr....44?,, B4 EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due 17 Construction Services Agreement:[2023_ver.1] 16B4 Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18 Construction Services Agreement:[2023_ver.1] Cp,O t684 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 $ to be received, ("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 ,20 for the period from to .This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify,defend and save harmless Owner from all demands or suits,actions,claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final]Application for Payment No. CONTRACTOR BY: Witness ITS: President DATE: Witness [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of (AFFIX OFFICIAL SEAL) Commissioner No.: 19 Construction Services Agreement:[2023_ver.1] I 6 B 4 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners(the OWNER) or Collier County Water-Sewer Owner's Project Bid No. Manager's Name: Project No. County's Division Name Purchase Order No. Submitted by Contractor Application Date: Representative: Name Contractor's Name& Payment Application No. Address: Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & $ Stored to Date: Retainage @5%through $ Retainage @ 5% through [Insert $ [Insert Date] date] Retainage @ % $ Less Retainage $ after[Insert date] Total Earned Less Retainage $ Less previous payment(s) Percent Work Completed % AMOUNT DUE THIS $ to Date: APPLICATION: Percent Contract Time Completed to Date: • Liquidated Damages to $ Remaining Contract Balance $ Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: 20 Construction Services Agreement:[2023_ver.1] 16B4 EXHIBIT D(Continued) SCHEDULE OF VALUES Protect Name: Project Number: Date: Period To: ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 5% _% TOTAL NUMBER VALUE MATERIALS COMPLEIGJ COMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE PREVIOUS APPLICATIONS THIS &STORED pea...a rare) WITHHELD THRU DATE SINCE DATE PERIOD TO DATE — , .., 0 a100 ,,, A,.!„,„ if2 y✓,h.,°iiAW TOTALS *Explanation for the two columns under Previous Applications:The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue comes into play. If this happens,all information up to the date of the%change in retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column. This states what has happened since the change in retainage. 21 Construction Services Agreement:[2023_ver.1] 16B4 Exhibit D (Continued) Stored Materials Record Formula:A+ B-C - D = E A B C D E Balance Invoice Previously Received Previously Installed To Date Description Supplier Number Received This Period Installed This Period Install 22 Construction Services Agreement:[2023_ver.1] Ct'° 16B4 EXHIBIT E: CHANGE ORDER Procurement Services COrffer County Change Order Form ❑Contract Modification ❑Work Order Modification Contract#: Change#: Purchase Order#: Project#: Contractor/Firm Name: Contract/Project: Project Manager Name: Division Name: Original Contract/Work Order Amount Original BCC Approval Date;Agenda Item# Current BCC Approved Amount Last BCC Approval Date;Agenda Item# Current Contract/Work Order Amount SAP Contract Expiration Date(Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount Cumulative Changes $ 0.00 #DIV/01 Change from Current Amount Completion Date,Description of the Task(s)Change,and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Date (Includes this change) #of Days Added Select Tasks ❑Add new task(s) ❑Delete task(s) ❑Change task(s) ❑Other Provide a response to the following:1.)detailed and specific explanation/rationale of the requested change(s)to the task(s)and/or the additional days added(if requested);2.)why this change was not included in the original contract;and,3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same terms and conditions as contained in the contract/work order indicated above,as fully as if the same were stated in this acceptance.The adjustment,if any,to the Contract shall constitute a full and final settlement of any and all claims of the Contractor/Vendor/Consultant/ Design Professional arising out of or related to the change set forth herein,including claims for impact and delay costs. Accepted by: Date: (Contractor/Vendor/Consultant/Design Professional and Name of Firm,if project applicable) Accepted by: Date: (Design Professional and Name of Firm,if project applicable) Approved by: Date: (Division Director or Designee) Approved by: Date: (Procurement Professional) +n,i.902'i .r I D'isions who ma r - _.....� c��rr��c+it:nna7:t�n;akia'at map irx;&ude on separates shtv::t:F 23 Construction Services Agreement:[2023_ver.1] 6R4 Change Order/Amendment Summary COST TIME CO# AMD# Description Additive Deductive Days New Justification Added Amount P.tvised.Oif i4rJ021 (Di.slo s vfiu may requ<re aadiiional s)gnatui es!clay irlrivde an sepzratt sheet.} PRCu431i£r1£KT USE 9 Y ] BCC [rf F1. 24 Construction Services Agreement:[2023_ver.1] 1 6 B 4 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR: Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use.The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION 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: 25 Construction Services Agreement:[2023_ver.1] i 6 B 4 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 , 20 OWNER By: Type Name and Title 26 Construction Services Agreement:[2023_ver.1] i6B4 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: PO No.: Date: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 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. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name&Title) By Design Professional: (Firm Name) (Signature) (Typed Name&Title) By Owner: (Department Name) (Signature) (Name&Title) 27 Construction Services Agreement:[2023_ver.1] � 6B4 EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 28 Construction Services Agreement:[2023_ver.11 CNO 16B4 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the"Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after 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 29 Construction Services Agreement:[2023_ver.11 ,��. 1684 limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 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. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, 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. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). 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 Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is 30 Construction Services Agreement:[2023_ver.1] i 6 B 4 stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes. The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes, shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. 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 "'aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 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. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 31 Construction Services Agreement:[2023_ver.1] CAO .�r 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 5.4 If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division 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 32 Construction Services Agreement:[2023_ver.1] CN° i6B4 those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice 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. 33 Construction Services Agreement:[2023_ver.1] CPO 16B4 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes 34 Construction Services Agreement:[2023_ver.1] CAO 6II made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(a�colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public 35 Construction Services Agreement:[2023_ver.1] CN° agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and 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. 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. 36 Construction Services Agreement:[2023_ver.1] co 68 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be 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 procurement ordinance and policies 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 37 Construction Services Agreement:[2023_ver.11 CNO 16B4 the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or 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, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by 38 Construction Services Agreement:[2023_ver.1] ibis any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding Requirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, including the requirements set forth in Florida Statute, §448.095. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Contractors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. 39 Construction Services Agreement:I2023_ver.1] CAo If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/Contractor's proposal may be deemed non- responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 40 Construction Services Agreement:[2023_ver.1] . 6B4 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or(3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or(7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or(8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or(10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s)within seven (7)calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials,equipment, supplies, and other items therefore 41 Construction Services Agreement:[2023_ver.1] Cis '. ' 6 V3 4 or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14)days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 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 42 Construction Services Agreement:[2023_ver.1] 16B4 not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design 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. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 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 approve 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. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers,fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1)year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's 43 Construction Services Agreement:[2023_ver.1] CAO t6B4 expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections,tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight(8) hour day and for any work performed on Saturday, Sunday or holidays. 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, 44 Construction Services Agreement:[2023_ver.1] 6B4 Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event 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 45 Construction Services Agreement:[2023_ver.11 I 6 B 4 of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 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 46 Construction Services Agreement:[2023_ver.1] t6B4 shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor,without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 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. 47 Construction Services Agreement:[2023_ver.1] cf 0 1684 Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct 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; 48 Construction Services Agreement:[2023_ver.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 Transportation's Design Standards (DS),where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the 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: 49 Construction Services Agreement:[2023_ver.1] LNO t6B4 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sales tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability,sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. 50 Construction Services Agreement:[2023_ver.1] The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses.All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2)provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5)assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub- subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 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 51 Construction Services Agreement:[2023_ver.1] Cp,O price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 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. 52 Construction Services Agreement:[2023_ver.1] CN° t684 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(aa..colliercountyfl.gov)whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. 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. 53 Construction Services Agreement:[2023_ver.1] 1. 6B4 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing/will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials/petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 54 Construction Services Agreement:[2023_ver.1] cop EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ® Attached hereto, following this page Exhibit I.A: Supplemental Terms and Conditions Exhibit I.B: State Contract Provisions and Assurances ❑ Not Applicable 55 Construction Services Agreement:[2023_ver.1] EXHIBIT I.A: SUPPLEMENTAL TERMS AND CONDITIONS The parties (Collier County and Contractor) agree to amend the Agreement within no later than ninety (90) days of the effective date to comply with legislative changes to Fla. Stat., §218.735, Timely payment for purchases of construction services, Fla. Stat., § 255.074, Procedures for calculation of payment due dates, Fla. Stat., §255.077, Project closeout and payment of retainage, and Fla. Stat., §255.078, Public construction retainage, (with an effective date of July 1, 2023). Page 1 of 1 EXHIBIT 1.B STATE CONTRACT PROVISIONS AND ASSURANCES FLORIDA DEPARTMENT OF TRANSPORTATION CSFA 55.003 The supplemental conditions contained in this section are intended to cooperate with, to supplement,and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that the Florida Department of Transportation will be used to fund all or a portion of the contract. Pursuant uniform requirements of grant awards the definition of CONTRACTOR is an entity that receives a Contract/Purchase Order. The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general the contractor, must insert these contract provisions in each lower tier contracts (e.g., subcontract or sub-agreement); (2) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services;and(3)is responsible for compliance with these contract provisions by any subcontractor,lower-tier subcontractor or service provider. E-Verify— Vendors/Contractors shall: 1. utilize the U.S. Department of Homeland Security's E-Verify system to verity the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract;and 2. expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Indemnification—To the fullest extent permitted by law the COUNTY'S contractor shall indemnify and hold harmless the COUNTY,the State of Florida,Department of Transportation, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attomey's fees, to the extent caused, in whole or in part, by the professional negligence, error or omission,recklessness or intentional wrongful conduct of contractor or persons employed or utilized by contractor in the performance of the Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and COUNTY'S sovereign immunity. Convicted Vendors List — Vendor shall disclose if they are on the convicted vendor list. A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the activities as defined by the Florida Department of Management Services for a period of thirty-six(36)months from the date of being placed on the convicted vendor list. Discriminatory Vendors List—Contractor shall disclose if they appear on the discriminatory vendor list. An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134,F.S.may not: 1) Submit a bid on an agreement to provide any goods or services to a public entity; 2) Submit a bid on an agreement with a public entity for the construction or repair of a public building or public work;3)Submit bids on leases of real property to a public entity; or 4)Be awarded or perform work as a consultant under an agreement with any public entity;or transact business with any public entity. Page 1 of 8 CP'o B4 STATE CONTRACT PROVISIONS AND ASSURANCESI 6 Inspector General Cooperation — Contractor and subcontractors are obligated to comply with Section 20.055(5), Florida Statutes which states, "It is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this section. Beginning July 1, 2015, each contract, bid, proposal, and application or solicitation for a contract shall contain a statement that the corporation,partnership,or person understands and will comply with this subsection." Record Retention — The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5)years after final payment is made and shall allow the County,State of Florida,or its designee's access to such records upon request. Page 2 of 8 1684 STATE CONTRACT PROVISIONS AND ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 2. Conflict of Interest 3. Anticipated DBE,M/WBE or VETERAN Participation Statement 4. Opportunity List for Commodities and Contractual Services and Professional Consultant Services 5. Qualifications 6. Acknowledgement of Grant Terms and Conditions Page 3 of 8 STATE CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY _..! Certification Regarding Debarment,Suspension,and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,State or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal, State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. US41 (SR45) North Landscape and Irrigation Dale F. Hannula Renovation Improvements Name Project Name President 23-8130 Title Project Number Hannula Landscapincand Irrigation Inc. 65-0375795 Firm Tax ID Number 002272420 DUNS Number 17051 Jean St Unit 7, Fort Myers FL 33967 StreeL. ddress,Ci);.,State,Zip Signature COLLIER COUNTY Conflict of Interest Certification Page 4 of 8 C1 i6Ba STATE CONTRACT PROVISIONS AND ASSURANCES Collier County Solicitation No. 22-8130 I, Dale F. Hannula hereby certify that to the best of my knowledge, neither I nor my spouse,dependent child,general partner,or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter,and to disclose any interest I,or anyone noted above, has in any person or organization that does become involved in,or is affected at a later date by,the conduct of this matter. Dale F. Hannula 44 Name Signature President June 13, 2023 w Position Date Privaci, Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1)to a federal,state or Iocal law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3) to a source when necessary to obtain information relevant to a conflict of interest investigation or decision;(4)to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation;and(6)in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. Page 5 of 8 c?0 i 6 8 4 STATE CONTRACT PROVISIONS AND ASSURANCES — „.......--, ...- ..„ COWER COUNTY ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT ',sta.=tag be vonAerd ttltrealt tra star..ttes'A-1 rt.:.-t tPt PPM!'t,ehnor on:htt I i'VC:;..Ed alaCtrArlt.W PIVAtt 1,07.?ft:WM*114MT:ffl%that var....tan:la 4titua. A, PRIME VEN TIORit ON RA(TOR;NT ORMA TiON , . . , . ..... . .. _ Hannula Landscaping and Irrigation Inc. 65-0375795 - 5Tht Han A FLOCZA.-=:EAT PID NSADVAM'A.GED, '1--E Loa y r,i 5 TNE ACTIVFFV OP T45 OONTAA.,7 titaggrint CP,WOMEN Et/SAESI ENTERFAISEl' (.,) VEEP V N 4.1shrzic-rtot4? ,matAatisse/cit 4.44vt.A.041411 0Av.MASED 'EtISNES5.EA COMP,f;',ATP:M ut5itt TNE SMALL StrANEST 1'111 V (ti) CONS.ATAIION? N coktiorgArixtr A SERYnr 5414.31E0Vrttantit WEE Y N n7Ke P.? -, 4•4 "SZAt 2:47 V ta ittvr.,tott ptumsa ,,, , ,,, ..-'1.1 i e, E.MIME HAS$Li(iC ONTFiAC TOR OR SUPPU ER WiiC4 i'S AIIIMADVANtAAWD foutiopart,WOW'164-ow NE0 SMALL I i titiS IN E$$CO IsN ER.N OR SERVICE DISARCED VETERAN,ORIMIOS TO cO4iiotez THIS NEXT SECTION htpoittlom MACOWiltACTOR OR SUPPENSt 'T'I'l E7OF it;OP‹Ott 'riim,,-1,rn,vv,:ki SINA/SCPPVER Pt liCENV CS CONTRACT VATEILAtt NAME splcuart (Sot below) 001.1Att anhaLtr.tr 0011.A.16 1 None , ... - - TOTgsts- 1 ,;( (,, 5ECTION-ro EtE "OtalPLETED BY PRIME VENDOR/C4INTRACTOR , ,,".;•, , -- ' krakl Ot 1,°.t MITT:4k DATE tat!Of SUSPAITTER — "*" Hannula Landscaping and Irrigation Inc. June 13, 2023 President IEMAL ADDrtESS OF PRIME(S.,...1t.t.TT.t.;;, TIL!PrICIA nr244Eid. tt.Y.t..n.reta I. dhannula@hannulalandscaping,corn 239-437-9666 239-437-9665 1` NOTE:Thkt infants-Kit:14 LIS ed to track and report antitipated Olt or nie!Daft'0rAtt:3 i"i Pt t;,/.. •..'-',,:5.1..t d cv-atries.Tht 111.:"DizAd.VIE ct MK atneorn o.:."tirrtari and In nor become part of the contrattla t arms IttO tonna er,zt Ot rzAarn.lad it trot ot,erdonse to a 1 tolit intim,N 3 rict when awarded a c,narstv contract tha"emir..a4 be attest to-.:.„,data 1.i gar-1'4V-Z,1 for the rare semSanct Nes. . *act a a Nie,:at, ea• r4441.14444C 44X441,1,:I Kt *04 gam to ; Svl,tztart ;tun Amtricaa SAP Attitftf tett Antettcan /Pa. tizz.-1...kr*ixtf M4441,41-r, %/PAW- *OW Oa 4:41 i4041if ,',,.lilt 45,0 .1, ... D.SECTION TO EE COMPLETED EY(CILLIER COIJNTY OtP.A.XTMENT hk,t.e cOlc,..?1..k.COffaXiirt I Vit44#0 04 P0'ilt 04 , GUST PA-..*,-,:s PAM"L'C4'i TikA a , CUFFED tlf. - .. -... Page 6 of 8 cfs,0 16R4 STATE CONTRACT PROVISIONS AND ASSURANCES , • COWEN COLer a GitANTCOMPLIANCE FORM 3ID OPPORTUNITY UST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES !t Is the policy of CoNier Cavity that drsaduzntaged businesses and nvnonty vendors,as defined in the Cade a/Federa4 Regrdacions(CFR)or Florida Statutes'FS mast have the.__c,,art c to t l:. -:ate an contracts with!rave$axhar state g.tact ossLaance. 4 Prune CDn taactor/Prime caetnnitant: r7 oiviv 1 JA L.€a.s........., -s," M ,L,ii:54 + \l rr ( .y :.........w .._. meµ_.. .. Address and Phone Nua'nber s"?OS) W e t w 5 t-Vu �•y J v, t r v 'fqq )ttlA y gg6.1 Procurement Number/ rtiSement Number: A3- 3 ... .....,,...,,..„,.,...._„„.. The Est below is intended to be a iistng of firms that are,or attempting to,participate an the project numbered abase.The cis must include the fern birib or quoting as rime,as well as subs and suppliers Quoting for participation Prime contractors and mmsurants must provide information for Numbers 1,2,3,and 4;and shotid aide arty information they have for Numbers 5,6,7,and a.This form mast be submitted with the bid package. 1.Federal Tax ID Norther: 65-0375795 6. DEE 6.Annual Gross Receipts 2.Firm Name: Hannula Landscaping and Irrigation Inc. eX Non-DBE Less than$1 million 3.Phone Number 239-437-9666 Between$1-5 mi-tan 4.Address17051 Jean St.Unit7 ., ..` Between 55-10miiat Fort Myers FL 33967 7• .d' 'Betwetn510-1sm.'ion Subcarasuitant More than$15 milion • 5.Year Fire Established: 1992 1.federal Tax 1D Number. 6.EI DBE i.AnnaGrass ReceiptsFinn2.Fn Name: Non-Der _less than than 51 inb io 3.Phone Humber: Between$1-5 million 4.Address Between$5-10 million 7.ElSubcontractor ti.......Between S 10-15 mi,tan Subcons Etwnt More Than$15 million 5.Year Firm Established: H���fff eu 1. Federal Tax ID Number: 6.1 1 DBE 8 Atvl Gross Receipts 2. Firm Narne: Fu-1 Non-DBE Less than 51 ns-on - 3. Phone Number: Between$1-5 mine 4.Address Between$5-10niiion W 7.® Subcontractor Between$10-15 ml"ion Subcmtsuftart More than 515 mllion 5.Year Firm Established: 1. Federal Tax ID',lumber 6.EI DBE b Anneal Gross Receipts 2. Firm Name: Non DBE ,—TLess than 51 mAion 3..Phone**umber _+Between$1-5 million4.Address _ Between$5-10 million 7.9Subcontractor Between$10-15 million .tea Subcansultant More than 5 15 million 5.Year Firm Established: coP 1684 STATE CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY Acknowledgement of Terms,Conditions and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (I) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract,the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703,Fla. Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). pJune 13, Vendor/Contractor Name Hannula Landscapin9 and Irrigation Inc. Date 2023 Authorized Signati re Address 17051 Jean St Unit 7, Fort Myers FL 33967 Solicitation/Contract# 23-8130 Page 8 of 8 CO)