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#08-5033 (Vila & Son)
Immokalee Road Streetscape Beautification Project COLLIER COUNTY BID NO. 08 -5033 COLLIER COUNTY, FLORIDA Design Professional: McGee & Associates COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 TABLE OF CONTENTS A. PUBLIC NOTICE /LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by McGee & Associates and identified as follows: Immokalee Road Streetscape Beautification Project as shown on Plan Sheets 1 through 117. EXHIBIT N: Contractor's List of Key Personnel PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Immokalee Road Streetscape Beautification Project COUNTY BID NO. 08 -5033 Separate sealed bids for the construction of Immokalee Road Streetscape Beautification Project, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 10th day of January 2008, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non - mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 3rd day of January 2008, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed 'Bid for Collier County Government, Collier County, Immokalee Road Streetscape Beautification Project Bid No. 08 -5033 and Bid Date of January 10, 2008. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC -P -1 through GC -P -12) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may only be obtained at the Collier County Purchasing E- Procurement site: www.colliergov.net/bid. Bidding Documents obtained from sources other than Collier County Purchasing may not be accurate or current. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw -Hill Construction Dodge 2830 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the GC -PN -1 Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred and eighty (180) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 7th day of December 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell, C.P.M. Purchasing and General Services Director GC -PN -2 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner' used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his /her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC -P -1 to GC -P -12 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk /CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the GC -I B -1 location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the 'Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. GC -I B -2 Section 5. Sinning of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the GC -I B -3 opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. X0311 -EI Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. A16IR Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major GC -IB -6 subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC -I B -7 "A COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G" NAPLES, FLORIDA 34112 (239) 252 -8446 FAX (239) 252 -6697 www.colliergov.net/purchasing ADDENDUM DATE: January 4, 2008 TO: Interested Bidders FROM: 4renda Brilhart, CPPB, Purchasing Agent SUBJECT: Addendum # 1, Bid #08-5033— "Immokalee Road Streetscape Beautification Project" Addendum #1 covers the following change for the above - referenced solicitation: REPLACE: Bid schedule with revised attached. Bidders must use the Addendum Bid Schedule in order to be considered for award. CLARIFICATION: • No sod in medians • Bid schedule updated with tree specs -- B +B are acceptable if trees meet grade and standards. • The Crown of Thorns are grown at American Farms. • As- builts provided to the County upon completion of the project. Finalized CAD drawings will be supplied to the County by the Landscape Architect of Record. • Omni locate balls were added to the bid tabulation. Include the cost for installation only, 75' on center along the bubbler lateral main line with no valve wiring, at the change of direction of bubbler laterals and at the end of directional bores. • The Alternates from the original bid form were removed. A list of " BY COUNTY" items is included. These are typical items that Collier County manages. • A line item was added to allow time for the Contractor to locate existing sleeving installed through the road construction. • The existing mixing chamber will be removed by the County and is not to be included as a part of this bid. cc: Pamela Lulich, Project Manager /ATM Encs: Bid Schedule J N m o_ A D D 0 n'nm m m ari m r p m 0 0 o xQrr x m O w M m N m O O 1 Z = m w C^ m O. G C C m -I c m 3 < 3 3 ^c c o D �S{3,ZI ,N N 33—M (D a. 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(O N 3 r 0 1 0 w m m A O a r m � � 0 n m O m O W W m W m C O SU O J S 0 O 91 3 D a a m n 3 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Immokalee Road Streetscape Beautification Project BID NO. 08 -5033 Full Name of Bid Main Business A Place of der �' L Y; "'� 4 !`L r i( .)( 1% i.) l its ddress Telephone No. �` Wr ��.0 State Contractor's License # C� ���� ���0 l �! - To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. GC -P -1 BID SCHEDULE Immokalee Road Streetscape Beautification Project Bid No. 08 -5033 Bid Schedule Provided Under Separate File GC -P -2 COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G" NAPLES, FLORIDA 34112 (239) 252 -8446 FAX (239) 252 -6697 www.colliergov.net /purchasing ADDENDUM DATE: January 4, 2008 TO: Interested Bidders FROM: Brenda Brilhart, CPPB, Purchasing Agent SUBJECT: Addendum # 1, Bid # 08 -5033 — "Immokalee Road Streetscape Beautification Project" Addendum #1 covers the following change for the above - referenced solicitation: REPLACE: Bid schedule with revised attached. Bidders must use the Addendum Bid Schedule in order to be considered for award. CLARIFICATION: • No sod in medians • Bid schedule updated with tree specs -- B +B are acceptable if trees meet grade and standards. • The Crown of Thorns are grown at American Farms. • As- builts provided to the County upon completion of the project. Finalized CAD drawings will be supplied to the County by the Landscape Architect of Record. • Omni locate balls were added to the bid tabulation. Include the cost for installation only, 75' on center along the bubbler laterals, main line with no valve wiring, at the change of direction of bubbler laterals and at the end of directional bores. • The Alternates from the original bid form were removed. A list of " BY COUNTY" items is included. These are typical items that Collier County manages. • A line item was added to allow time for the Contractor to locate existing sleeving installed through the road construction. • The existing mixing chamber will be removed by the County and is not to be included as a part of this bid. cc: Pamela Lulich, Project Manager /ATM Encs: Bid Schedule 2 O_ A (Dn [ 0 L p O 0 d 'o 9 S d fD ° A 3 d (1 d 0Cd O N (D 7 d 3 M N d d 1 W O Z C 'O d N 3 d D N O d A CD N W W A VI O O H N Ia Ia la D] M ° N 3 aD W-. 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N F O mm p 0 aN m O ° C ti J N 0U Ci -0 N N O0 < m m W a a 3 3>° J 3 m X X �. a D m A(D m< n G o m m m m - o in m m `° o D a °m 3 0 0_ y °��' m 00i c c m m N M m m ai `< m o"i X N F fD m m v m o o w m 0 m m o 0 m m m 0 m CD 0 pt N N O m J m m O ^ N (n .Z1 3 N (mD �_ W N CD - a m U O 0 v O Z.°0 N S N O N U) N lo W 2 2 a, o. o m 0 o<-0 p Q° m 0 m Er J O T m< O m ^.. N to N a (°D w m 0 = S W M m m N J (p (p O O° N -o J N m Q: 3 J J 0 J J J (D N O W G O' O a Of0 O U W J m m 'p -p W O Q W W O m J N W J O< Q ° 0 o o a J m v- _n �' ° m o m J J c m f. X .. o W _ (D O J J O W N < S N m m ° a a o 3 J(°Z CD O v m mmm m m m m mmm � C O Z O O N y H 7 N O w C (O 0 O S 7 L C 0 N W V W V W W � V (O A W N W O W N O V (O V (Olt N W OD W W A f5 EA fA fA fA fA EA V3 fA ffl A N W N W A V W O O (O O Ut OD A O N V W W W 01 O V (O O V V A W W O W c0 cD V A fA 69 fA H3 EA ffl Efl EA fA EA A V O W (O OD A W N O V A V O W W A O W W (D W O V Ut O (° W V 0 0 W O (O V V (O W A C J 0 0 1 0 W _O W 3 r A O O W W D n m a C 3 u MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. MATERIAL i 2. 3. l h 4. A at ki MANUFACTURER VL-Q r �t c; 5. Dated (�- C ' C ! i �' ��� 4 V )(i ��1_Q_ Bidder BY:.,�_J 1 GC -P -3 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non - compliant or non - qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove /replace any Subcontractor, at no additional cost to Owner, which is found to be non - compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. (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. Category of Work Subcontractor and Address 1.Sr Tl�^ �3�C L :( .�� 2. 3. 4. 5. C Dated - �C; ' C) �o; Q °k .; r 1 4ti - �� Rkxh Bidder BY: k — GC -P -4 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project and Location Reference 2. Ci `'I 1 3. 4. _i U�'Clk 0 A, -71 C) 6. Dated \J � Vim -�- --) '4'a' A-. 3n za 2A + Q Bidder BY: GC-P-5 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) LF SY 1. �-0 2. 3. 4. 5. TOTAL Failure to complete the above may result in the Bid being declared non - responsive. Dated ILA, Brider'�.� "1�y- BY: — GC -P -6 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 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 fifty (150) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted State of C- i ay County of , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. GC -P -7 (a) Corporation 'h Bidder is a corporation organized and existing under the laws of the State of s which operate , under the legal name of 1(r (ct)(`(�_i —) 0� t ( I ) , and the full names of its are as follows: President - �� Treasurer BSI'"' fvlanager k — The r' is authorized to sign construction bids and contracts fot the company by action of its Board of Directors taken 1- -1- -( _( �- 1 , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co- Partnership The Bidder is a co- partnership consisting of individual partners whose full names are as follows: The co- partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is IBC I" and if operating under a trade name, said trade name is DATED \- I (') - (� - i elON 03 entity } STATE OF 1AL-k�- COUNTY OF SJ The foregoinq-iostrument was aek of U ,k f�.-i- behalf of the BY: Name of Bidder (Typed) k Signature Title 3dged before me this as a W, ersonally known ) V day ofd ! A & t_k,{ ° c '✓ e ' twra ! — cCrgorati6n, o to me or has produced as identification and did (did not)'take an oath. My Commission Expires: =plPRY.P�B<c SHELLY WN WAWN ! ( ignat re of Notary) MY CommisSIDN Y DD 512739 rt EpIRES:May31,2010 NAME: k-( �Cy'l �►" Bowed TomBu*00tKnsw� (Legibly Pri ted) (AFFIX OFFICIAL SEAL) GC -P -9 c Notary Public, State of tt Commission No.: -7.�,°j BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Vila & son Landscaping Corp. (herein after called the Principal) and Westfield Insurance Company (herein called the Surety), a corporation chartered and existing under the laws of the State of Ohio with its principal offices in the city of Westfield Center and authorized to do business in the State of FLORIDA are held and firmly bound unto the Collier County Board of County Commissioners (hereinafter called the Owner), in the full and just sum of - - -- Five Percent of the Amount Bid --------------------------------- - - - - -- _ dollars ($ ----- 5 % - - - -- ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a bid for furnishing all labor, materials, equipment and incidentals necessary to furnish and install, and fully complete the Work on the Project known as Immokalee Road Streetscape Beautification Project Bid No. 08 -5033 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 $ Five Percent of Amount Bid noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. GC -P -10 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 10th day of January, 2008. Vila & Son Landscaping Corp. In Principal (Seal) Local Resident Producing Agent for. Inquiries: (407) 834 -0022 GC -P -11 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 051111111113, FOR ANY PERSON OR PERSONS NAMED BELOW. General Power of Attorney POWER NO. 0991862 02 Westfield Insurance Co. Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a 'Company' and collectively as 'Companies,' duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint JACK W. GUIGNARD, BRYCE R. GUIGNARD, M. GARY FRANCIS, PAUL J. CIAMBRIELLO, APRIL L. LIVELY, JENNIFER L. MCCARTA, KATIE N. BIRD, MARGIE LYNN MORRIS, BRETT A. RAGLAND, JOINTLY OR SEVERALLY of LONGWOOD and State of FL its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognimnces, undertakings, or other Instruments or contracts of suretyship- - - - - - - - -- - -- - - - - -- - - -- -- - - - - - - - -- -- -- - - - - -- - - - - - - - - -- - - -- - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE OO AARARM, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by Its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) -in -Fact to represent and act fyr and on behalf of the Company subject to the following provisions: The Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such Attorney -m -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached." (Each adopted at a meeting held an February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 11th day of MAY A.D., 2003 . Corporate JURA#'ti. Seals • —•-., Pp,t� Affixed dvf w \po State of Ohio County of Medina ss.: SEAL :boa v'w WESTFIELD INSURANCE COMPANY �f •••�•�..,••�"'; WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY :m• i °� _ ��•:•1848.. F By { Richard L. Kinnaird, Jr., Senior Executive On this 11th day of MAY A.D., 2003 , before me personally came Richard L. Kinnalyd, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides In Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above Instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal CI�A Affixed . Kahelin, A rney at Law, Notary Public State of Ohio �' o My Comm ission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: I, John T. H. Batchelder, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney, executed by said Companies, which Is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 10th day of January A.D., 2008 0 5L.A.ia'� =LL•s r :r: BPOAC2 (combined) (06 -02) - v n? JAL oe } of • syt,•184a ;! F John T. H. Batchelder, Secretary THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have 6. Any delivery information required is included. 7. If required, the amount of Bid bond has been checked, cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: pBid Number; 4*Project Name; aOpening Date. been included. and the Bid bond or 12. The Bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise Bid cannot be considered.) ALL COURIER - DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Bidder Name Signature & Title DATE: j — l G , C�' GC -P -12 RESOULUTION OF BOARD OF DIRECTORS OF VILA & SON LANDSCAPING CORPORATON At a Special Meeting of the Board of Directors of Vila & Son Landscaping Corporation, a Florida corporation, held on April 2°d, 2007 at 8:00 am, the following persons were present, being all of the Directors and Officers of the corporation: Juan Carlos Vila, President; Ricardo Leal, Vice - President; Baudilio B. Vila, Vice President, Secretary & Treasurer. A quorum being present, the following resolution was unanimously adopted, and said resolution has not been amended, modified or rescinded: Resolved, that with respect to contracts and subcontracts between Vila & Son Landscaping Corporation and Owner's, General Contractors, and other organizations contracting with said corporation to perform landscaping & irrigation services, the following individuals are hereby authorized to execute, contracts, subcontracts, bonds, monthly requests for payment and all related releases of liens and, in addition are further authorized to enter into Subcontractor's Change Orders with the appropriate parties: Brett Ashley General Manager, West Palm Beach Branch Keith O'Neil General Manager, Orlando Branch Ariel Caballero General Manager, Miami Branch Richard Fife Interim - General Manager, Ft. Myers Branch There being no further business to come before the meeting, it is upon motion duly made, seconded, and unanimously carried, adjourned. 1 IN WITNESS WHEREOF, I have signed this ila President (Corporate Seal) AT ST: b, % Secretary STATE OF FLORIDA COUNTY OF DADE On this 2nd day of April, 2007 before me personally appeared depose and say that as the President of Vila & Son Landscap'rtg Corporation, the corporation described in and which executed the foregoing Resolution- at they know the seal; that it was affixed to said instrument as such corporate seal; that it as so affixed by order of the Board of Directors of said corporation and they signed their na s the) of April 2007. CARLOS VILA sworn, did (Sea 9° tiyy YORDAWARIVERO Nota blic +: r- COMMISSION k DD 776766 My toe, FJanxeryS 4S ",411 BWMThN NO ry Nft Wae m by like order. 1 � \ \ :. \ ` ~` ... y /.\ 9� \ \ / \ \. ACOR ®N CERTIFICATE F LIABILITY INSIJRANC Page 1 of 2 DATE 03/29/2007 'eopucER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS 877- 995 -'T 378 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Willie North ame =ica, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 26 Century Blvd. -- - -� P. 0. Be. 305191 AFFORDING COVERAGE NAIC# Nashville, TN 372305191 INSURERS FACHOCCURENTE $ 121113 -001 INSURED Vila and Son Landscaping Corp IN.SURERArc. United States Pile InaurEI Company 20451 SON 216 Street INSUR[RB'. St. Paul Fire and Marine Insurance Company 24767 -004 Miami, FL 33170 INSURER C .INSURER D. COVERAGES INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS [POLICY EFFECTIVE POLICY EXPIRATION INSR ADD TYPEOFINSURANCE POLICY NUMBER pATEIMMIDDIYV DATE MMIDOIYY LIMITS _ — LTR NSR __ 54.17000541 - --,a _/1/2007 4/1/2009 FACHOCCURENTE $ 1,000,000 A GENERAL LIABILITY � PREMISES 5 PREMISES (C n<e] 300, 000 .ABILITY i X COMMERCIAL GFNERAI I I MEDEXP(A y I reel $ 5,000 CLAIMS MADE X IOCCUR PFRbONAL &ADV INJURY 5 1, 000, 000... 1 GENERALAGGREGAIE $ 2 , 000, 000. APPLICS PER'. PRODUCTS- COMPIOPAGG S 2,.000, 000 GEN'L AGGREGATF_LIMIT POLICY X PRO OC �_I_.__— .____- -..._- ja AUTOMOBILE LIABILITY 1397300942 14/l./2007 4/1/2009 1 GUMB IN ED S I N G LE LI M I I $ 1,000,000 1 - (I —,ride b) $ ANY AUTO AI I OWNEDAUTOS BODILY INJURY y (Per Peccid) scIEDULED nuTOS IIIRFDAUTOS BODILY INJURY $ - (Pe ""Aram) NON OWNER AUTOS I PROPFH FY DAMAGE .$ - '. (Peraccldenl) AUTOONLV FA ACCIDENT 15 GARAGE LIABILITY ' ANY AUTO OTHER IHAN EAACC $. AUTO ONLY AGG 5 Excess unelurv_ '.QR06802363 14/1/2007 I AC,H OCCURRENCE $ 5,0_00,.000 B 1,4/1/2008 AGGREGA(E IS 5,000, 000 X OCCUR '. CLAIMS MADE $ DEDUCTIBLE R REI ENTION $ OOO _ ._ - - _ tr Y- - - -- -r — T -$ I WC SIAIU 0TH X LIMITS ER WORKERS A COMPENSATION AND 4066802811 4/1/2007 4/1/2009 Iggy _ _. EMPLOYERS'LIADILITV LEI F.ACHACCIDENT $ 1,000 -,000 ANY PROPRIETORIPARTNEIiIEXECUTIVE OFFICER /MEMBER EXCLUDED? C DISEASE EA EMPLOYEE $ 1,000,000 IIY s describe under El �_ DISEAS POLICVLIMIT I$ 11000 000 SPFGIAL PROV ISIONS below _— r__ - -- 01HER I I DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Vila and Son Landscaping COap 1900 Williams Road Winter Garden, FL 34787 ACORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30- DAYS WRITTEN NOTICE TO TILE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE IJO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR C011..1935840 '11x1°611662 Certi :8720683 ©ACORD CORPORATION 1988 State of Florida Department of Agriculture and Consumer Services Division of Marketing and Development/Bureau of License and Band issue Date: 04118121107 850 - 488 -4101 Fee Amt Paid: $700 Tallahassee, Florida FEIN: 59- 2384066 POST LICENSE License as Dealer in Agriculture Products Effective Dale: 03/23/2007 CONSPICUOUSLY GOOD FOR ONE LOCATION This iicarisa Is issued under authority of Section 604.15- 604.34, Florida Statutes, to: Commodity Code: 1 License # 69533 - 92 Bonding Company: WESTFIELD INSURANCE COMPANY Bond Amount: $100,000 VILA AND SON LANDSCAPING CORP. DBA: VILA AND SON LANDSCAPING CORP 4175 BUCKINGHAM RD Field Representatives: CHRISTOPHER WILLIAMS FORT MYERS,FL33905 -7206 CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE This is to certify that the dealer in agricultural products whose name and address are shown above, has paid the required fee and has made an approved surety bond to the Commissioner of Agriculture as required by Sections 604.15- 604.34, Florida Statutes, and is hereby granted this license as Dealer in Agricultural Products as defined in Section 604.15, Florida Statutes. This license is for a one year period. n O o � rn � N n m r o r N •o 0 0 O O N O O ^z o 0 O � r � m n v � z�: o r- � N d O r {G 7 U N o � ? No O < m r z r :E rn o N O m o D O � m � r z O D ti z Gl 0 0 li n n O C i z c co m co m m n 0 N C O zO V n n O a z -I m x T F m' cn m -o 1 m E m m m L1 O N O O O I O n O D ® r N C O � Z co m in J) D X m n m r n m z m m m z O N m m m u m 0 I N 0 0 J 2 VI G% j r 00 y d O m r z U) n: m > a z z h in cn cn L N ti D z z O )( A m m r m m O 0 z m Z o 0 n z ypj m C r D O J n O o � rn � N n m r o r N •o 0 0 O O N O O ^z o 0 O � r � m n v � z�: o r- � N d O r {G 7 U N o � ? No O < m r z r :E rn o N O m o D O � m � r z O D ti z Gl 0 0 li n n O C i z c co m co m m n 0 N C O zO V n n O a z -I m x T F m' cn m -o 1 m E m m m L1 O N O O O I O n O D ® r N C O � Z co m in J) D X m n m r n m z m m m z O N m m m u m 0 I N 0 0 J I- U M ® ® d N f U c � O O d V II XZ- IA ®_ IZZ U) •� U) T gr 9 °° ®� O v � �- �i y C (a Q (I3 .L O CD J LL LL N co N N E O U N y N C N N UO _. T.; —m "i..��L II«'t.SSQ `A°"` F� FT �iL1{"aS:`s•'p%�yTa`i �%` x aP Ot r p4 (4up p/t )\ L� �'�' :010610 Bo0L4o�i r 000000OBe100 !;OprSC�pO� a ,; ^00(pPOI ' er �p BBBQ P006�ABp0 M a11oeGO01 ,, 4htn4rAe0jg °n pmA O9�x I i' S' p rat p Abp Ae0 ESC�a 4Pa�aA @WA9a yi 'r 4uV °t �Y }xiV1 aY 01 n r )t4 4S•"r°1k'^Yr Prime Construction Contracts Underway On This Date Name of Project Meadows of Estero Location: Estero, Fl. Owner: Shelby Homes: 239 -948 -2322 Date 07/26/2005 Amount $794,826.00 Project Manager: Philip Thibeaux Supervisor Lenny and Ramiro Required completion date: February 2007 Designing architect or Engineer: Brian Archer Name of Project: Daniels Parkway Location: Ft. Myers Owner: Lee County Date 03/20/06 Amount $596,538.46 Supervisor: Lenny Chaifetz Required completion date: 455 calendar days from March 20, 2006 Designing architect or Engineer: Vanasse Daylor Name of Project: U.S. 41 Phase IV Location: Naples Owner: Collier County Date: May 8't'2006 Amount $347,437.76 Supervisor: Lenny Chaifetz Required completion date: 140 days Designing architect or Engineer: Mc Gee & Associates Name of Project: U.S. 41 Medians (Naplescape) Irrigation only Location: Naples Owner: City of Naples Date: 04/26/06 Amount $397,303.04 Supervisor: Lenny Chaifetz Required completion date: l0 /15/06 Designing architect or Engineer: None (Parks and Recreation) E -9 # 14 Prime Construction Contracts Completed In Past Five Years Name of Project: Livingston Road (Immokalee Road to Pine Ridge Road Location: Naples Date: 06/30/05 Amount: $692,040.83 Project Manager: Philip Thibeaux Date Completed: 01/26/05 Required Completion Date:01 /26/05 Name Owner: Collier County 2885 Horsehoe Dr. Naples, Fl. 34104 Contact: Bob Peterson (239) 774 -8192 Designing Architect/Engineer: Mc Gee & Associates 5079 Tamiami Trail E. Naples, Fl. 34113 Contact: Mike Me Gee (239) 774 -8192 Name of Project: Golden Gate Parkway (Santa Barbara to Livingston Road) Location: Naples Date: 6/30/05 Amount: $405,776.90 Project Manager: Philip Thibeaux Date Completed:02 /05/06 Required Completion Date:02 /05/06 Name Owner: Collier County 2885 Horseshoe Dr. Naples, Fl. 34104 Contact: Bob Peterson (239) 774 -8192 Designing Architect: Mc Gee & Associates 5079 Tamiami Trail E. Naples. Fl. 34113 Contact: Mike Mc Gee ( 239) 417 -0707 Name of Project: Davis Boulevard Location: Naples Date: 06/30/05 Amount: $131,941.95 Project Manager: Philip Thibeaux Date Completed:02 /27/05 Required Completion Date: 02/27/05 Name Owner: Collier County 2885 Horseshoe Dr. Naples, Fl. 34104 Contact: Bob Peterson (239) 774 -8192 Designing Architect: Mc Gee & Associates 5079 Tamiami Trail E. Naples, Fl. 34113 Contact: Mike Mc Gee (239) 417 -0707 E -9 #15 Page I Name of Project: Livingston Rd (Lee County Line to Bonita Springs Blvd.) Location: Lee County Date:04 /12/05 Amount: $297,100.80 Project Manager: Philip Thibeaux Date Completed: 11 /20/05 Required Completion Date: 11 /20/05 Name Owner: Lee County 5560 Zip Drive Ft. Myers, Fl. 33905 Contact: Pat Moore (239) 335 -2111 Designing Architect: WilsonMiller 4571 Colonial Blvd. #100 Ft. Myers, Fl. 34105 Contact: (239) 939 -1020 Name of Project: The Immokalee Administration Center Location: lmmokalee Date: 12/02/05 Amount $199,045.60 Project Manager: Philip Thibeaux Date Completed: 06/10/06 Required Completion Date:06 /10/06 Name Owner: Gulf Building Corp. 600 Corporate Dr. #600 Ft. Lauderdale, Fl. 33334 Designing Architect/Engineer: Michael Fay E -9 # 15 Page 2 VILA AND SON LANDSCAPIN CORP. NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: CONTRACTAMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: AJOR PROJECTS COMPLETED Aventura Blvd Aventura City of Aventura Tony Tomei 305 - 466 -8900 Vila and Son Landscaping Corp. $1,105,860.00 1999 Biscayne 4 City of Aventura Aventura Tony Tomei 305 - 466 -8900 Vila and Son Landscaping Corp. $873,960.00 1999 Brickell Yacht Club Miami -Dade County The Related Roche Roberto Rocha (305)460 -9900 $256,310.00 1999 Ocean One City of Sunny Isles John Moriarty and Associates Mr. John Leete (954)964 -6110 $501,415.00 1999 NE 207th Street Improvements Aventura, Fl, City of Aventura Mr Antonio T omei (305)466 -8900 CONTRACTAMOUNT: $1,109,286.00 COMPLETED: 1999 NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: CONTRACT AMOUNT: St. Andrews at the Springs Palm Beach Co. The Related Group of Florida Mr. Roberto Roche (305)460 -9900 $629.755.00 COMPLETED: 1999 Page 1 VILA AND SON LANDSCAPIN ORP. NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: CONTRACTAMOUNT: COMPLETED: NAME OF PROJECT LOCATION OWNER CONTACT PERSON CONTRACT AMOUNT. COMPLETED. WOR PROJECTS COMPLETED NE '191 Street improvements Aventura, FI. City of Aventura Mr. Antonio Tomei (305)466 -9900 $655,178.00 1999 Yacht Club @ Portofino Miami -Dade County The Related Group Chase Construction Roberto Rocha 305 -460 -9900 $226,355.00 2000 St. Andreus at the Springs Palm Beach County Springs The Related Group Roberto Rocha 305 -460 -9900 Fortune Construction $662,475.00 2000 City Place Palm Beach Co. Palladium Group Frank Zaremba 561 -832 -4995 Whiting- turner $1, 330, 000.00 2000 Pinetree Park Miami Beach, FL City of Miami Beach John De Pazos (407)939 -0938 $226,850.00 2000 Biscayne 4 North Miami Beach City of North Miami Beach Mr. Carlos Rivem 305 -948 -2980 $386,255.00 2000 Page 2 VILA AND SON LANDSCAPIN :ORP. NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: AJOR PROJECTS COMPLETED 41 Street Miami Beach City of Miami Beach City of Miami Beach John De Paz02 305 - 673 -7490 Vila and Son Landscaping Corp. $932,030.00 2000 Lummus Park Miami Beach City of Miami Beach Vila and Son Landscaping Kevin Smith (305)673 -7730 $453,360,00 2000 Sunrise Blvd. SR7 Broward Co. FDOT L.G. DeFelice Construction Kevin Flynn 954- 975 -4855 438, 325.00 2000 NAME OF PROJECT: Pinetree Park LOCATION: North Miami Beach OWNER: City of Miami Beach GENERAL CONTRACTOR: CONTACT PERSON: John De Pa CONTRACT AMOU NT: 226, 850.00 407-939-0938 COMPLETED: 2000 NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR`. CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: Griffin Rd -SR818 Broward Co. F. D. 0. T. Triple R Paving Roger Hawkins 954- 792 -4205 124, 635.00 2001 SR821 Heft Dade Co. F. D. O. T. The Demoya Group The Demoya Group 305 - 255 -5713 133, 755.00 2001 Page 3 VILA AND SON LANDSCAPIN ORP. NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION`. GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACTAMOUNT: COMPLETED: tJOR PROJECTS COMPLETED The Enclave @ Naples Naples, FL The Related Group Current Builders Roberto Rocha 305 -460 -9900 869,035.00 2001 Pt. St. Lucie Blvd, Palm Beach Co. FDOT Vila and Son Landscaping Corp. 495.625.00 2001 Pt. St. Lucie Blvd. Palm Beach FDOT Vila and Son Landscaping Corp. $495,625.00 2001 Cleveland Clinic Weston, FL Centex Rodgers Inc. Larry Hawthorne (305)932 -6022 $612,630.00 2001 Holiday Park Broward Co. Zurgui Construction Eduardo Gonzalez 305- 221 -6100 $707,760.00 2001 Weston Road Weston, FL Triple R Paving Roger Hawkes (305)944 -4205 $312,270.00 2001 Page 4 VILA AND SON LANDSCAPM ;ORP, a AJOR PROJECTS COMPLETED NAME OF PROJECT So. County Neighborhood LOCATION Broward Co. OWNER: Broward Co. CONTACT PERSON: Jim Allen (954)384 -4440 GENERAL CONTRACTOR: Smith and Company, Inc. CONTRACT AMOUNT: $173,430.00 COMPLETED: 2001 NAME OF PROJECT LOCATION OWNER GENERAL CONTRACTOR CONTACT PERSON. Okeechobee Interchange Palm Beach Co. Florida Department of Transportation The DeMoya Group Demoya 305- 255 -5713 CONTRACT AMOUNT: $689,545.00 COMPLETED: 2002 NAME OF PROJECT: Murano @ Portofino LOCATION: Miami Beach, FL OWNER: The related Group CONTACT PERSON: Jayce Bronson GENERAL CONTRACTOR: 305 - 460 -9900 CONTRACT AMOUNT: 439,270.00 COMPLETED: 2002 NAME OF PROJECT: Village of Merriek Park LOCATION: Coral gables, FL OWNER: CONTACT PERSON: Mr. Ray Benjamin GENERAL CONTRACTOR: Turner/ Lathrop CONTRACT AMOUNT: 1,800,000.00 COMPLETED: 2002 NAME OF PROJECT: Pines Island Road LOCATION: Broward County CONTACT PERSON: Broward County GENERAL CONTRACTOR: Triple R Paving CONTRACT AMOUNT: 143,725.00 COMPLETED: 2002 NAME OF PROJECT: FDOT S.R. 5 LOCATION: Broward County OWNER: F.D.O.T CONTACT PERSON: Roger Hawkins GENERAL CONTRACTOR: Triple R Paving CONTRACT AMOUNT: 586,600.00 COMPLETED: 2002 Page 5 VILA AND SON LANDSCAPIN ,ORP. NAME OF PROJECT: Ocean Three WOR PROJECTS COMPLETED LOCATION: City Of Sunny Isles. OWNER: John Moriarty and Associates CONTACT PERSON: Mr. John Leete GENERAL CONTRACTOR CONTRACT AMOUNT COMPLETED NAME OF PROJECT LOCATION OWNER GENERAL CONTRACTOR CONTACT PERSON 954- 964 -6110 501, 415.00 2003 Morton Towers/ Grand Flamigo Resorts Miami Beach, FL Turner Construction Mr. Ron Polisec 786 - 276 -8259 CONTRACT AMOUNT: $1,531,245.00 COMPLETED: 2003 NAME OF PROJECT: FDOT Okeechobee Ph 1& 2 LOCATION: Miami -dade County OWNER: Florida Deparment of Trasportation CONTACT PERSON: Mr. Joe De Moya NAME OF PROJECT LOCATION OWNER CONTACT PERSON GENERAL CONTRACTOR CONTRACT AMOUNT. COMPLETED, GTI Central Collection Plaza Miami -Dade County Miami -Dade Airport Authority Mr. Gus Fernandez 786 - 268 -8049 MCM Construction 298,300.00 2003 NAME OF PROJECT: 305 -255 -5713 GENERAL CONTRACTOR: The Moya Group CONTRACT AMOUNT: 894,370.00 COMPLETED: 2003 NAME OF PROJECT LOCATION OWNER CONTACT PERSON GENERAL CONTRACTOR CONTRACT AMOUNT. COMPLETED, GTI Central Collection Plaza Miami -Dade County Miami -Dade Airport Authority Mr. Gus Fernandez 786 - 268 -8049 MCM Construction 298,300.00 2003 NAME OF PROJECT: SR ALA Key Largo LOCATION: Key Largo OWNER: Florida Department of Trasportation CONTACT PERSON: Mr. Alfred L. Majucoski 305 - 289 -2356 GENERAL CONTRACTOR: 1,026,815.00 CONTRACT AMOUNT: Vila& Son Lanscaping Corp. COMPLETED: 2003 NAME OF PROJECT: The Preserve @ Miramar LOCATION: Broward County OWNER: The Related Group CONTACT PERSON: Roberto Roche GENERAL CONTRACTOR: 305- 460 -9900 Current Builders CONTRACT AMOUNT: 671,720.00 COMPLETED: 2003 Page 6 VILA AND SON LANDSCAPIP 'ORP. NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACTAMOUNT: COMPLETED: AJOR PROJECTS COMPLETED Aventura Town Plaza City of Aventura Alda Construction Inc. Mr. Jorge Linkewer 305 - 933 -1066 Alda Construction Inc. 232,645.00 2003 Bonoventure Phase 2 &3 Broward County City of Weston Mr. Mort Myrick 305- 863 -9007 Pan American Constractors Inc. 359, 820.00 2003 NAME OF PROJECT: Palm Avenue Road Improve LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: Key West ment Monroe County Mr. Ron Armstrong 305 -296 -5606 Toppino's Inc. 158, 300.00 2003 Middle School LL Broward County Schools Public School PPP Mr. Ray Betancourt 305 - 598 -2932 BCA Contractors 498, 600.00 2003 Marathon Airport Service Road Marathon , FL Ron Armstrong 305 - 296 -5606 Toppino's Inc. 310,200.00 2003 1 -95 ITS Control Center Miami -Dade County Florida Deparment of Traspotation Mr. Arnie Fernandez 305- 499 -2482' 186, 615.00 2003 Page 7 VILA AND SON LANDSC:APIN :ORP. NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: .AJOR PROJECTS COMPLETED Bonaventure Phase 4 Broward County City of Weston Mr. Miguel Ocana 305- 461 -0603 747, 965.00 2003 High School GGG Broward County Broward County School Board Mr. Bill Oakman 954 - 797 -0410 James B. Pirtle Construction Co. Inc. 571, 920.00 2003 Cypress Pointe Coral Springs, FL Griffin Mr. Bryon Sharp 954 -267 -9973 1,039,700.00 2003 Neo River Lofts Miami -Dade County Neo Development Ms. Lissette Calderon 305 -285 -1418 161,445.00 2004 Galleria Mall Broward County Frank Pinello Whiing Tuner 954- 776 -0800 420,000.00 2004 School PPP Miami -Dade FL Miami -Dade Public Schools Mr. Ray Bertancourt 305- 598 -2932 BCA Contractors 699,170.00 2004 Page 8 VILA AND SON LANDS CAPIN -ORP. NAME OF PROJECT: - LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACTAMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACTAMOUNT: COMPLETED: .AJOR PROJECTS COMPLETED One Aragon Coral Gables, FL Mr. Malcom Maclnnes 954 -964 -6110 John Moriarty and Associates 148,170.00 2004 Seminole Hard Rock Hotel &Casino Broward Co. Semnole Indians Mr, david Bober 954 -583 -1000 Peri /Suitt $2,672,700.00 2004 Murano Grande Miami Beach, FL The Related Group. John Moriardy & Associates Mr. John Leete 954- 964 -6110 509,730.00 2004 City of Sunny Isles Improvement City of Sunny Isles, FL City of Sunny Isles, Mr. Cristopher Pusso 305 -947 -0606 Vila & Son landscaping Corp. 1,428,175.00 2bO4 Monarch Lakes Buffer City of Miramar City of Miramar Vila and Son Mr. Hector Vasquez 954 - 962 -1516 273,675.00 2004 Page 9 Jui).22, 2006 2.46PM No, 2981 P 5%10 5yatem: 6/22/2006 2:72:19 I'm Vs1a 6 Son Landscaping Corp. Page: 1 ,set Date, 6/22/2006 EMPLOYEE LIST BY POSITION Ufer ID! oloure iro U.S. Payroll ,.ages Employee ID. Pi65t last - oaition- PRJgNO - PRSMOR ny: Employee In -= Inactive ztFltion Department _ _____ ______________ _______ ____ Employee In Name PRJ£NG project Engineer _______ _____________ _______________________________ MIAICI Miami Indirect Co&t Irrigation 0096 BSQQIWL, ERNESTO MIGUEL ORLICI Orlando Indirect Cost Irrigati 0122 COATES, ERIN A WPBGA WPB General & Administrative 009E DILION, FALLON 3 Rmplcyaae far Position ?RJMGR Project Manager MLAJCD Miami Indirect Cast Dsign Bui OO72 QUINTANA, JORGE L MIAICL Miami Indirect Cult Landecapin F959 FREIRE, JORGE A MIAICL Miami IndireCt Cost Landscapin 0155 AGUTAR, MAYRA CARIDAD MIAICM Miami indlreet C"t Maintenan F2633 CAVICCHIA, LEN OR m Orlaneo Direct Ctit MCiOt..... F309 GORDON, JOHN K. ORLICL Orlando indirect Celt Landacap 0125 LAFLEUR, LANCE 6 Employees for PO9itimn 9 Employees 22. 2006 2:47PM No, 2981 P. 6 /i0 System- 6/22/2006 2:30:31 PM Vi Is G San LaWacaping Corp, page; I leer Date: 6/22/2006 EMPLOYEE LIST BY POSITION User ID: olovr ®ixo U.S. Payroll Ranges: Employee ID: First - List ' ^osltlan; OPMOeM OPMCFm By: Employee ID = mac[ive ?peition Department Employee in Name _____ _ _ _ _ __ ------------------------------------------------- :i2MGRM OpeYGtione Munagci ___--- _ - -- ........ ----------------------- MUM Miami Indirect Coat Irrigation 0006 BRETONES, OUSTAVp MIAICL Miami Indirect Coat Landacapin F466 RIVERO, ADRIAN MIAICM MiAmy indirect Cost Maintenan 0161 HART, QIMU ORLICM Orlando lodirect Cost Maintena F621 GILBERT, EDWIN F. WPBICL WPB indirect Cost L adscaping F2520 CATALANO, XENNETH 5 Employees Car Position 5 Employees on.22. 2006 2�46PM k 2981 P, 3/10 .'.,stem; 6/22/2006 2:33;20 FM Vila & Son Landscaping Corp. page: 1 "aer Date: 6/22/2006 EMPLOYEE LIST BY POSITION User ID: oloureiro U.S. Payroll 33ngeS E- vloyee ID: First - Last - Position: SPV9R - BREST By Employee ID •- Inacti,e 'ogiLinn Department _____________________ £mplOyec ID Name ypV'R ________________ FTMICI Ft. Myers ]:ndieeet Coat Irrige 0154 CHAIFETZ, LEONARD M FTMICL Ft, Myers Indirect Cost Landso F222 TORRES, RAMIRO MIAICD Miami Indirect Cost Design Bui 0090 RODRIQCRZ, SANDY MIAICD Miami Indirect Cost Design Bui 0130 MARQUEE, RONALD J MIAICI Miami Indirect Cost Irrigation F117 NAPOLE&, JORGE MLIICL Miami Indirect Cost Lsndscapin F2220 GONZALE2, RODOLFO R MIAICL Miami Indirect Cost Lsndscapin P366 AMAZED, JEAQBIN C MIAICL Miami Indirect Cost Landacapin F492 utimTTE, GASTON MIAICL Miami Indirect Cost Landacapin P612 RERNANDE2, RODOLFD M_ OR?,ICI Orlando Indirect Cost Irrigati F2599 ADAMS, GEORGE ORLICL Orlando indirect cast L ,dscap F1OR4 CRApprl L, DAM ORLICL Orlando indirect Cost Landacap 0124 O'REEFE, JONATHAN ORLICM Orlando Indirect Cost Maintena F1057 GILBERT, ,TAMES WPBICI WPB Indirect Cos[ Irrigation Pi010 TREVINO, ELENO WPBICI WPB Indireet Cost irrigation P502 REED JOSHUA WPRICL WFB Indirecc Cost Landscaping F2155 CAMPHLL, JAMES SCOTT WPBICM WPB IndlreCt Cost Maintenace F2699 VINCENT, DAVID G WPBicm WPB Indirect Coat Maintenace F29115 Dll,] RD, RUSSELL A 18 CREST senior Estimator MLABD Miami BUSiness Developmenc Dap 0010 ORLBD Orlando Business Development V236 ___________20 Employees for PpsitiOn QVINTERO, JOSE M. HUCYERY. EDMUND Employees for FOslti On Employees Jun 22. 2006 2:47PNi No.2981 P. 7i i0 system: 6/22/2006 2:49:55 {'M V:]a & Sco Landscaping Corp. Page: 1 Jeer Date: 6/22/200E EHPLOYEE LIST BY POSITION Veer ID: oIour.ill U.S. Payroll 3angee. Employee In, Pixet .... Paeltion, GMGR - G rR _ By Employee In °= Inactive roeit ion Department Employee IC Namc _. E General Manai ex MIAMGA Miami General & Administrative F052 CABALLERO, AR19L ORLGA Orlando Gen & Admin F268 O'NEIL, KEITH A w BGA w 2 cenexal & Adminietxative P810 LOCRERSON, CHAALTS 3 Employees for Position ____________1 Employee. I J90.22 2006 2 4 7 M No. 2981 P. 9%16 Syscem: 6/22/2006 2:29:49 PM V:,Lp 5 Son 14rdSCAVIA9 COYp_ Gage: 1 J3es Dale: 6/22/2006 EMPLOYEE LIST 2Y POSITION USCG ID: OlcurcirO V S. Payroll Ranges: ,_Employee ID: F'Irat - Last ,eition DIVMGR - DIVMOR - 9y: Employee ill =Inactive eseitian Department Employee ID Name ----------------------------------- ___...___.__-' --------- ------- _---------------------------------------------------------------- -__ `IVMGP. Division Manager HQYRGA Headquarters Gen 6 Admin D141 JANSSEN, JOSEPH EDA'ARD 1 Employees for Position 1 Employees J 22 2006 2.47PM No.2981 9yat.m: 6/2212006 7!28:02 PM Vy16 ry Son Landscaping Corp. Pagel Jacr Date. 5/32/2006 EMPLOYEE LIST BY POSITION User In 01nnreiro U.S. Payroll +anycs. Employe. ID: First - Last ...Position: BUSpVl - 9USUJL By. Employee ID -- 1nactivo 1 J.91t10n Department ______________________P Employcv ID Name _______.________ 5UBDVL Business Develo er ,_-....__......_...._________________- _____----------------------- ,,, _ FTMBD Bt. Myers Business Development 0028 THIBERUx, PHILIP MIABD Miami Business development pep 0164 MC CARTHY III, JOHN T MIABD Miami Business Development pep 0164 PENATE, ANTONIO ORLBD Orlando Business Development 0134 OREOORIUS, SON (ALSO Orlando Business Development 0160 BISHOP, WILLIAM ROBERT WPBBD WPB Business Development Dept 0140 RELLER, BLAINB S WPBICM WPB Indirect Cost Ma'ntenaee 0150 SHE99ER, JENNIFER E 7 Employces for Position 2 Employee. ,kn,22, 2006 2�47PNi No. 2981 Lyscem: 6/22/2006 2:29:29 PM Vila & Son Landscaping Corp. Page: tier Lite: 5/22/2006 EMPLOYEE LIST BY POSITION User ID: olotrelro 11.9. Payroll ange s: Employee ID- First - Lest - POaitiCn' ESTASS - ESTIMA By: Employee ID • =InacLlve Joel Lion Department ______________________________ ____________________ Employee ID Name cSTA3B Eetlmdtoe Aaslatant - --------------------------- MIABD Miami Business Development Dep 0051 _______ BORRERO, REDECA El ^ployeeA far Position ESTIMA Estimator MIABD Miami Busiress Development Dep 0004 MIABD Miami Business Development Dep 0151 8WELLINO, JAY R. ORLSD Orlando Business Development P2165 MIRANDA, EDDY DANIEL WPBBD WPB Business Development Dept P760 MARTIN, CHERYL WPBHD WPB Business nevelapment Dept 0071 VILA, IVAN SANPIBSTEBAN, CHRZSTIN4 5 Employcce for Position ------------- Evloyees 101.22 2006 2.46PM No.2981 P. 4/10 System: 6/22/2006 2:32:95 PM vdla 6 Son Landscaping Corp. Page: 1 OAet Date: 6/22/2006 EMPLOYEE LIST BY POSITION User In: olou,11z1 U,S. Payroll ienges: employee ID; Eirst Laat 'osition: PURCN - PURCN -. - BY! Employcc ID • -tnect ive rotition Depaztment Employee In Name _____________________________________________________________________________________________________ D!iRCH Purchasing Agent MIAICD Miami Indirect Coat Deign Bui 0145 GABCIA, JUAN J MIAICL Miami Indirccc Coat Landscapin F404 ODIO, AUGUSTO C ORLICL Ozlando indirect Cost t.andecap 0153 LBITMR, INN WPBICL WPD Indirect Cost L.rdacaping 0101 NOGOET, BAIdBARA 4 Employees for Position 4 Employee. Jun.22. 2006 2:46PM pp system: 6/22/2006 233748 PM Vila & Son Landscaping Co No. 2961 P. 21 10 _aer Date: 6/22/2006 p g NO 1 RMPLOYEE LIST BY POSITION Veer ID: oloureirc �angea: 0 S. Payroll Employee ID. Pirs� _ 145t Poaitiono YSMGR - YSMQR By EmPloyes ID '= InacLVe :osit ion Department Employee ID Name ____________ YSMOR Yard Manager _______________ ------------------ OFI,GA Orlando Gen a Admin -09J WPHGA WPB General G Administrative BAARTAROL, SAMUEL E ----- QUARTARQLLI, RETNALDO 2 Employees for Position 2 Employees Unit# Make Motlel PT-01 FORD F- 1504WD PT -02 FORD RANGER PT -03 FORD F -450 PT -04 FORD F -150 PT05 FORD F -150 PT -06 FORD F -250 PT -07 FORD F450 PT�08 FORD F 450 PT 09 FORD F -250 PT 10 FORD F150 PT-11 FORD F -150 PT 12 FORD F 250 PT 13 PT 14 FORD F -350 PT 15 FORD RANGER PT -16 FORD F -450 PT -17 FORD F -350 PT 18 FORD F -150 PT 19 FORD F -150 PT 20 FORD F -250 PT 21 TOYO PICKUP PT 22 FORD F SUPER 0 PT 23 FORD F -450 PT 24 FORD RANGER PT 25 FORD F -250 PT -26 FORD F -250 OPT 27 FORD F -150 PT 28 FORD RANGER PT 29 FORD F250 PT -30 FORD F -250 PT -31 FORD F45C PT 32 FORD F SUPER D PT 33 FORD SUPER DO PT 34 FORD F450 PT 35 FORD F 450 PT -36 FORD F150 PT -37 FORD F -250 PT 38 FORD F -250 PT 39 FORD F -250 AT 40 FORD F -250 PT 41 FORD F -450 Vai Inventory List Yeal Te9# kp date VIP #'Sena/# ORLANDO DOCeiion DIVI61On 2002 U435P0 B13620081FTRX18L42NA49134 ORLANDO SHOPS 2001 U63HFM 613012007 1 MRJOC21TA1657B MIAMI IRRI 2002 1213012007 1FDXP46F72EA91723 MIAMI 2002 U437P0 6130120081FTRX17LX2NA49136 TREEFARM GROWER 2002 U439PO 61302008 1FTRX17162NA49136 FORT MYERS LANDS 2000 W37LDA 121312007 1FTSX30F6YEC72285 WEST PALM MAINT 2002 V01NPM 121310007 iFXP461`72EC97107 ORLANDO (IRRI 1999 U48UKD 1213112067 1 FDXF46F7XEB49952 FORT MYERS IRRI 2006 S231ZW 1213112007 1 FTSX20P 6EB63675 FORT MYERS LANDS '�l 2003 W89DVA 61302003 1 FTRW08113KC90083 w TREEFARM 1999 5290ZW 6130120081 FTRF18WXXNB61375 MIAMI 1994 A319DG 12I31120061FTH125M8RKA16244 WEST PALM SHOP 2003 V12LAB 121312007 1FTSW3OFO3EA83255 WEST PALM MRARINS 2003 W23ANE 61308008 IFTYRlOD03PA12758 MIAMI 2002 V14NPM 1213112007 1 FDXF46F82ED66]43 WEST PALM IRRI 2003 V85TGS 1213112007 1FTWX32F73EA50066 ORLANDO MAINTS 2006 S289ZW 613012008 1FTRF122X6NA61698 MIAMI 2006 $291ZW 61302007 1FTRF122X6NA61636 ORLANDO BUYER ANDS 2004 X43YMY 12131200] 1FTNX20P94EE01971 MIAMI YARD 1995 X26FZS 613012007 1FDLF47FD3VEC16878 FORT MYERS IRRI 1997 U40FZ5 2006 V905BC 121312007 1FDX446P66EA82784 MIAMI DESIN 200] V905BG 613012008 1FTYR10D87PA26896 MIAMI MAINT 5 1997 X98ZIEZ 1213112007 1 FTHX25FOVEA34116 ORLANDO MAINT 1997 U310JY 121318007 1FTZF17271 NB35 04 MIAMI 2001 U338JY 61302007 1FTZF1T271NB30509 FORT MYERS 2001 U932W 26112007 1FTYR14041PB30724 FORT MYERS 2006 U932WE 12I31120071FTSX20P86ED19384 ORLANDO MAINT 2006 0411 WF 121312007 1FTSX20P56EB68109 FORT MYERS LANDS 2006 U062FG 1213112007 1FDXX46PWES71470 FORT ����MYERS IRRI p _ 1993 5018DV 1213112007 2FDLF47M7PCA29084 ®li�lY — °• F Inl 1993 V42RJD 12,3112007 2FDLF4]M5PCA5]045 MIA1i�EEFARM SHOP 2006 U061FG 121312007 1FDXX46P56EA00429 WEST PALM IRRI 2003 H73FLY 121312007 1FDXX46P33EB97920 WEST PALM IRRI 2006 V261AZ 61008006 1FTRF12236KD99932 ORLANDO IRRI 1999 U76PHB 1113112007 iFTNX20F2XEA01502 ORLANDO MAINT 1999 U75PHS 1213112007 IFTNW20FOXEA76755 CLEARWATER PAINT 2006 U41OWF 121312007 1FTSTX20P76EB67612 CLEARWATER MAINT 2006 U909WE 12131120071FTSX20P66ED19363 ORLAND LRRI ANDS 2006 S915UM 12,3112007 1FDXX46P86EC60257 MIAMI PT 42 PT 43 FORD F -150 2006 U335JE PT44 FORD F -250 1999 1540T7 PT -45 FORD F250 2006 U948WE PT 46 FORD RANGER 2003 W24ANE PT 47 FORD RANGER 2007 V906BC PT 48 FORD RANGER 1999 V45PXD PT -49 FORD F -250 1999 W300TK PT 50 FORD F 250 2006 U095VZ PT -51 FORD F150 2001 U434P0 PT -52 FORD F250 2006 V4D2EW PT-53 FORD F- 450 20033 W11WEY OF 54 FORD F -450 1995 S998DU PT -55 FORD F -450 2003 X37CFR PT -50 FORD RANGER 2007 X302ZX OFT 57 FORD F -250 2007 V8878D PHIL 58 FORD F -150 2005 S923ZC Pi FORD RANGER 2000 W630VA PT 60 FORD RANGER 2000 W61 DVA PT 61 FORD F -250 2001 S023DV PT -62 FORD F -250 2001 $038DV P7-63 FORD F 250 2006 V060F1 P764 FORD RANGER 2001 C568VX PT -65 FORD F250 2006 V062FI OPT 66 FORD F -150 2001 U199JW PT 67 FORD F450 2002 T4350T PT -68 FORD F -150 2002 U438PO PT-69 FORD RANGER 2007 V907BG PT 70 FORD F150 2006 U336JE PT -71 FORD F -150 2002 U1953W PT 72 FORD F -150 2002 U440PO OPT 73 FORD F -150 2002 U197JW AT 74 FORD F -150 2002 U441PO PT 75 FORD F-450 2002 U25ZGD PT 76 FORD F -150 2002 U436P0 PT 77 FORD F 150 2002 X362ZX PT -78 FORD F -150 2002 X363ZX ITT 79 FORD RANGER X999 X64ZX PT -80 FORD F -350 1902 V3 PT 81 FORD RANGER 366ZX PT 82 FORD RANGER 799�365ZX PT 5 V 83 FORD F- 350 44RJO PT 84 FORD F 2000 V 350 2001 T311S PT 85 FORD F 350 insciawfic enler,urnt# 15336200 LT IJS0715 LT 108.34] 00 MT US0668 8246100 LT US0718 140005 00 LT US0720 LT 192.083 00 MT U51766 15540500 MT LT USG117 LT LT LT 613020081FTRF12216KD9%54 ORLANDO LANDS 1213112007 IF TNX2OFXXE060794 ORLANDO MAINT 1213112007 1FTSX OPO6ED35137 WEST PALM DESINDB 613012008 JFTYRIOD13PA15877 MIAMI LANDSS 6/302008 iFTYR10D77PA20829 MIAMI 61302007 1FTYR10C4XUA45034 ORLANDO SHOP 1213V2006 1FTNX20F3XEE44777 WEST PALM MAINT 1213112007 JFTSUOP26ED35136 WEST PALM LANDSS 6130120061FTRX1]W31NBO9253 MIAMI 1213l/2007 IIT5X201`26ED]0410 WEST PALM AN S 12131120011FDXW46P63ED55265 MIAMI IRRI 1213112007 1FDLF47F7SEA63756 ORLANDO IRRI 1213112007 1FDXX46P13EC68225 MIAMI 1291m 1 l L IFEAI, P 4ibn SAFETVD 61302008 1FTYR10OX7PA72441 CORP LANDS 12/312007 1FTSX2OP37EA2796O MIAMI 6/30120081PTRF12275NB538D3 WEST PALM BUYER 613012007 1FTYR10C2YPA43749 FORT MYERS LANDS 613012007 1F7YR1DC2YTA56251 FORT MYERS SHOP 121312007 1FTNX20F61EA55168 WEST PALM LANDS 121318007 1FTNX20FSl EA55169 MIAMI 12131I20071FTSX2OP86ED70413 FORT MYERS MAINT 6130120071 FTYRIODSITA72257 WEST PALM SHOP 120V20071FTSUOP66ED70412 WEST PALM LANDS 6130120081FTRX17L71N812159 WEST PALM MAINT 1213112007 1FXF46F92EA91724 WEST PALM MAINT 60W008 600008 1FTRX17L82NA49137 MIAMI 6I30120081FTYR10D67PA208]i WEST PALM 6130120081FTRF12246KD99342 CLEARWATER MAINT 6130120081FTRX17L52NA49144 WEST PALM LANDS 61302008 1FTRX17LXBNA49141 MIATREEFARM TREEFARM 6130120081FTRX1702NA49142 WEST PALM LANDS 61302008 1FTRX18L22NA49133 ORLANDO LANDS 1213112007 1FDXF46F82E825569 ORLANDO IRRI 613012000 1FTRX18L02NA49132 ORLANDO LANDS ANDES 6GOCO08 1 FT RX17LB2NA49139 MIAMI - 6130120081FTRX1Al2NA49139 MI MMVERS LANDS 613012008 1FDWFA6F 2PA58206 12131I20071FDWF36F12PA5068 WEST PALM LANDSS 6130120081F1YRIOD12PA54135 MIAMI MAWTS 6130I2008 iFTYR10DO2PA54135 OROA MAINT 12131/2007 1F' TJW35F85EA52662 ORLANDO 12131 120 0 7 ILTWW33F9YEA68290 ORLANDO LANDS 1213120071FDWW36FOtEB71440 ORLANDO ,RRI LT LT MT LT LT LT LT LT MT MT LT LT LT LT LT MT T MT MT MT LT LT I LT LT LT NOT LT LT LT LT T LT LT LT LT LT MT MT MT US2849 9267600 US3178 0103800 US1674 70339.00 US2848 11654100 USG240 4521400 USG238 4179600 US7201 90.53900 USG256 4625400 USK487 14 467 00 294,5]000 USG331 21205900 USG330 2702300 USG260 IJSG340 USG339 17 080 00 US2940 66,79800 USK234 28.37500 USC639 29704500 207 702 00 USG259 USG329 19 059.00 USG365 7 -56200 USK236 14 467 00 26759900 USG331 US3179 105 93300 LT LT LT LT LT LT LT LT LT LT LT MT LT LT LT LT LT LT LT MT Lf LT LT Lr T LT LT LT LT LT USK4. —^ 125700 1]22 ,25700 USG332 1860900 US0608 156 286 00 USG333 1434500 US4857 4603500 US49B3 68712.00 USK536 USK611 7 173 00 USC639 4856200 piiEl132 732 00 133,278 USG335 1802000 US0607 126566.00 US0669 10792600 US0719 89,626.00 USK486 USK235 U50721 116943.00 U50724 US0723 133670.00 US0716 155,05600 US0670 107 076 00 US0717 135 609 00 USO/25 12D B64 00 US0726 US1790 142 765 00 U52172 166.7/1 00 052171 306296 00 222 207 00 191855 00 2002 V84TG5 12131/2007 1 FT SW30F92 EA52438 ORLANDO MAINT L US2845 /1322800 PT -86 FORD F -350 1213112007 1FTNW20F23EA95575 ORLANDO MAINT LT US2847 10]0]500 PT -87 FORD F -250 2003 V89TGS 1 FTNW20F93EB07544 ORLANDO LANDS IT US2046 12404800 PT-88 FORD F -250 2003 V88TGS 12131/2607 613012007 1FTNX2DP73EB99386 MIAMI LANDS LT US2930 9833200 PT-89 FORD F -250 2003 W03ANE MIAMI DESINGB LT US2931 9338700 PT -90 FORD F -250 2003 W04ANE 12131/2007 1FTNX2OP93EB99387 WEST PALM MAINT LT US2938 7654500 PT 91 FORD F -350 2003 H88FLI 12131120071FTWW32PX3EB91466 WEST PALM MAINT LT PT -92 FORD F -250 2003 WOGANE 12212007 1 FTNX20P73EB91465 ORLANDO LANDS LT US2937 13599700 PT 93 FORD F -250 2203 `N08ANE 121312007 IFTNX20P03E891467 ORLANDO MAINT IT US2939 10907600 PT 94 FORD F -350 2003 W10ANE 120V20071FTWW32P13EB91469 ORLANDO MAINT IF US2934 12109600 PT 95 FORD F -250 2003 `N56ANE 121312007 1FTNX2OP53EB91464 LT 052936 PT AS FORD F -250 2003 W07ANE 12131/2007 IFFODOP93EB91466 WEST PALM LANDS US2932 104636.00 PT 97 FORD F -250 2003 W55ANE 122V2W71FTNX29P63EB97919 WEST PALM LANDS IT PT 98 FORD F -250 2003 W05ANE 121312007 1FTNX OP33EB91463 CLEARWATER MAINT LT U52933 147786.00 PT 99 FORD F -450 2003 W52AOF 1213112007 1FDXF46PX3EB91471 ORLANDO LANDS MT US2943 8594400 PT 100 FORD F -350 2003 W06AOF 1213112007 1 FTWX32P23EC35332 MIAMI MAINT LT MT US2944 US2941 9386200 PT 101 FORD F -450 2003 N50AOF 1213112007 1FDXX46P53EB97921 ORLANDO IRRI US3104 PT -102 FORD F250 2003 W04AOF 1FTNF20P83EC35329 20P43EC35330 T LT 053105 PT 103 FORD F25D 2003 W48AOF 1213112007 MT US3106 AT 104 FORD F,450 2003 W48AOF lFTNF20P43EC35330 1213112007 1F%F46P3EC35320 MT US2918 PT 105 FORD F -450 2003 W51AOF 12/31/2007 MIAMI IRRI MT US3584 ]269900 PT 106 FORD F450 2003 W92LB0 IFOXF46P83EB914]D 12KOD?0071FDXX46PX3EB39948 WEST PALM IRRI 6373700 107 FORD F -450 2003 W70LBU 12/312007 1FDXX46P33ED27940 MIAMI IRRI MT US4170 7760500 PT PT FORD F -450 2003 W70LBU 12131/2007 ORLANDO MAINT MT MT U54171 US4191 ]882500 -109 PT 109 FORD F -450 2003 IFOXW46P23ED23204 1213112007 1FDXW46P03EO08203 WEST PALM MAINT MT US4414 88,3630C F N71LBU 2003 W72LBU 121312007 iFDXW46P83E008240 MIAMI MAINT PT 110 FORD -450 2003 W49LBU 6/3012008 IFTRF17203NBO9231 FORT MYERS IRRI LT 054414 PT -111 FORD F -150 613000GS 1FTYR10DX3PB13774 MIAMI _.,1 11060900 PT -112 FORD RANGER 2003 W50LSU 1FTYRlGD73PA78756 ,BUYER !u' =. LT US4415 PT -113 FORD RANGER 2003 W19LDA 613012007 PALM IRRI MT US4978 63647.00 PT 114 FORD F -450 2003 A321DG 1213V2D071 F0XX46P23ED58175 WEST MT US5125 62 19900 PT -115 FORD F450 2004 X20HUE 12/312007 1FDXX46P14EA32918 MIAMI IRRI LT 055204 5878900 PT -116 FORD F -250 2004 X19HUE 120V20071FTNX20P44EB00248 MIAMI LANDS LT dmmcm PT 117 FORD F- 250 2003 X02HUE. 12212007 IFTNW2DP94EB59301 WEST PALM LANDS 7646800 F 2004 X92CFR 613020082FTR F 17234CA02777 WEST PALM LANDS LT US5405 PT -118 FORD -150 2004 X30HUE 120112007 1FTNX201-44EC07166 CLEARWATER MAINT LT US5310 PT 119 FORD F -250 1213112007 IFOXW46P84ED77477 ORLANDO IRRI MT US7226 ]9.299.00 PT 120 FORD F450 2004 X09XMT 121312007 1FTSX20P15EA32138 ORLANDO LANDS LT US7262 7881400 PT 121 FORD F -250 2005 X64YNA 12/31120011FTSX2OP45EA28567 ORLANDO LANDS LT US7261 53,69]00 PT 122 FORD F -250 2005 X63YNA 61302008 1FTRF12W94K087333 ORLANDO MAINT LT HS7259 113.26900 PT 123 FORD F -150 2004 X61YNA X62YNA 61302008 1FTRF12W64NC41780 WEST PALM SUPER IT US7260 10569500 PT 124 FORD F -150 2004 1213112007 IFTSX20PX5EA19677 WEST PALM LANDS LT US7263 3694].00 PT 125 FORD F -250 2005 X97YNA 121311200] 1FDAW56P95EC32655 WEST PALM MAINT MT USC247 2991000 PT 126 FORD F550 2005 R939Y0 19312007 JFDXW46P35EA34206 ORI ANDS) MAINT MT USC248 456]600 PT -127 FORD F450 2005 R940YO 12I312007 IFTSX2OP95ED12311 FORT MYERS LANDS LT USC486 PT 128 FORD F -250 2005 R137YU 121312007 1FTFX20P95EC99124 FORT MYERS LANDS LT USC484 PT -029 FORD F -250 2005 R136YU 199112007 1FTSX20P25EC90250 MIAMI LANDS LT USC485 36,525.00 PT -130 FORD F -250 2005 R135YU 6/302008 1FTRF12215NA98153 ORLANDO LANDS LT USC503 86]]000 PT 131 FORD F -150 2005 R433YT 6130120081FTRF12255NA94204 WEST PALM MAINT LT USC558 43.34100 PT-132 FORD F -150 2005 S683BB MIAMI IRRIS LT USC559 61,4]500 PT 133 FORD F -150 2005 S6848B 6130/20081FTRF122X5NB55071 FORTMVERS IRRI MT USC640 PT -134 FORD F -450 2006 S431AK 1213V2007 1FDXW46P86EA23011 ORLANDO LANDS LT USC622 69006 PT 135 FORD F -150 2005 P873VL 63020081FTRF12215NBS6619 61302008 IFTRF12235MB87089 ORLANDO MAINT LT USC665 5769200 PT 1W FORD F150 2005 P881VL 613020081FTRF12216NA29349 MIAMI LANDSS LT USG371 4854200 PT 137 FORD F -150 2006 UOIDVZ 1FTSX2NP45ED70411 MIAMI MAINT LT USG334 18,391.00 ET 138 FORD F -250 2006 V061FI 121312007 12131120071FDXX46P47EA33372 MIAMI DESINGB MT USK237 868300 PT 139 FORD FA50 2007 U345JE MIAMI LANDS LT USK489 581600 PT 140 FORD F -250 2007 V9065C 12131120071FTSX20P67EA10364 MIAMI LANDS LT USK490 13,984.00 PT 141 FORD F -250 2007 V909BC 1213112007 1 FTSX20P37EA38T42 MIAMI LANDS LT USK610 561200 PT 142 FORD F -250 2007 V705HP 1213112007 1F7SX20P77EA63526 1213112007 1FTSX20P57EA76372 MIAMI MAINT LT USK633 627600 P7 143 FORD F -250 2007 V714HP 1FTSX20P7EA74414 ORLANDO LANDS LT USK673 8,876.00 PT -144 FORD F -250 2007 1FTSX2OP47EB47495 WEST PALM MAINT 140000 PT -145 FORD F -250 2007 1FTSX20P67EB47496 MI V11a house LT USK526 PT 146 FORD F -250 2007 1 F BX2OP87EB47497 MIAMI MAINT LT USK528 2.40100 PT 147 FORD F250 2007 61302008 1FTYR10D77PA51806 MIAMI MAINT LL USK951 1,09200 P7148 FORD RANGER 2007 X111ZV 1 FLY 10087 PA38966 WEST PALM SUPER LT USK950 1,13800 PT -149 FORD RANGER 2007 X112ZV 613012008 ORLANDO MAINT LT USK531 1 3740 PT -150 FORD F250 2007 X144ZV 12/31)2007 IFTSXOP47EB47500 1 FTSRSOP17EB47499 GI EARWATER MAINT LT USK530 PT -151 FORD F -250 2007 X145ZV 12/3112007 ORLANDO MAINT LT JUSK532 141 PT -152 FORD RANGER 2007 X183ZV 6/3012008 1FTYPIOD77PA56080 FORT MYERS MAINT Lf USK535 PT -153 FORD RANGER 2007 X184ZV 62620081FTYR10D97PA66081 122112007 1FTSX20PX7EB47498 M, IA house LT USA529 PT -154 FORD F1250 2007 X547ZU X303ZA 6/30120081 F TYR I OD17PA72442 Mr I'D house LT USK633 PT -155 FORD RANGER 2007 CORE FLEET MAN LT USK969 PT 156 FORD F -150 2007 923HOW 613020071FTRF12W67NA57250 TRUCK INVECTORY UNIT # MAKE MODEL YEAR TAG # EXP DATE VIN # / SERIAL # LOCATION T -01 FORD F -750 2006 N47281 12/31/2007 3FRXF75V46V237197 ORLANDO T -02 MACK DM685S 1978 T036DU 12/31/2006 DM685S31383 ORLANDO T -03 MACK CH613 1990 A322DG 12/31/2007 1M2AA06YXLW005895 WEST PALM T -04 FORD F -750 2006 N1357L 12/3112007 3FRXF75H76V287375 MIAMI T -05 MACK CH613 1993 N9962G 12/31/2007 1M2AA13Y9PW026883 WEST PALM T -06 MACK CH613 1996 X54FZP 12/31/2007 1M1AA13YOSW046436 FORT MYERS T -07 MACK CH613 1994 U33UJZ 12/31/20071M1AA13Y8RW036991 ORLANDO T -08 T -09 T -10 MACK CH613 1991 V96BTK 12/31/20071M1AA13Y2MW013506 MIAMI T -11 MACK CH613 1994 U23UJQ 12131/2007 lMlAA13YXRW036989 WEST PALM T -12 MACK CH613 1999 W03VQJ 12/31/20071M2AA14Y1XW097686 ORLANDO T -13 MACK CH613 1993 X46FYZ 12/31/20071M2AA12Y6PW024929 MIAMI T -14 T -15 MACK CH613 1994 S039DV 12/31/20071MAA13Y7RW028963 MIAMI T -16 T -17 T -18 FORD L -9000 1993 N6400L 12/31/2007 1FTYY95L1PVA34447 FORT MYERS T -19 FORD F -750 2006 N0021K 12/31/2007 3FRXF75T66V328938 MIAMI T -20 MACK CH613 1993 V06RHS 12/31120071M1AA13YXPW024189 ORLANDO T -21 MACK CH613 1996 W90HUP 12/31/20071M1AA13Y6TW065560 MIAMI T -22 MACK CH613 1999 Q162YA 12/31/20071M1AA18Y2XW114767 MIAMI T -23 MACK CH613 1998 P137HY 12/31120071M2AA13Y9WW089299 ORLANDO T -24 MACK CH613 1997 W574JS 12/3112007 1MlAA13YXVW081991 FORT MYERS UNIT # MAKE MODEL TCH -01 CASE 560 TCH -02 IRRIGATION ORLANDO TCH -03 CASE 660 TCH -04 IRRIGATION MIAMI TCH -05 VERMEER RT -100 TCH -06 IRRIGATION MIAMI TCH -07 CASE 660 TCH -08 CASE 560 TCH -09 VERMEER V4150A TCH -10 IRRIGATION TCH -11 DITCH WITCH 1030 TCH -12 TCH -13 DITCH WITCH 1030H TCH -14 CASE TCH -15 VERMEER V3550 TCH -16 DITCH WITCH 1820 TCH -17 DITCH WITCH 1820A TCH -18 DITCH WITCH 1820 TCH -19 DITCH WITCH 1820K TCH -20 DITCH WITCH 1820 TCH -21 TCH -22 CASE 660 TCH -23 DITCH WITCH RT -40 ? ? ?? DITCH WITCH 3500 ? ? ?? 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Unit# Make Model WT -01 FORD F -550 WT -02 FORD L -9000 WT -03 FORD F -550 WT -04 WT -05 MACK R -6865 WT -06 FORD F -550 WT -07 MACK R -686S WT -08 FREIGHT FL -80 WT -09 MACK R686S WT -10 FORD L -9000 WT -11 FORD L -9000 WT -12 FORD F -750 WT -13 FORD F -750 WTL -01 HEIL TRAILEF WT Vehicle Year Tag # 2005 S530AZ 1993 M0328Z 2005 S531AZ 1985 N9963G 2006 V947RX 1979 N4039E 1989 N3888G 1989 M3796Z 1989 M3828Z 1993 N1766D 2005 N9969 2005 N9971G 1962 C3506A Inventory Exp Date 12/31/2007 12/30/2007 12/31/2007 12/31/2007 12/31/2007 12/31/2007 12/31/2007 12/31/2006 12/31/2006 5/31/2007 12131/2007 12/31/2007 permanent Vin # / Serial # Vehicle Location Division 1FDAF56P46EA23325 ORLANDO LANDS 1FTYY95LOPVA34634 MIAMI LANDS 1FDAF56P06EA82694 ORLANDO LANDS 2M2N187Y8FC008275 FORT MYERS LANDS 1FDAF56P76EC60133 ORLANDO LANDS R686ST3381 ORLANDO LANDS IFVXIWYBOKH442273 FORT MYERS LANDS 2M2N187Y5KCO25402 MIAMI LANDS 1FDYY95T9KVA02463 MIAMI LANDS 1FTYY951-1 PVA35758 WEST PALM LANDS 3FRXF75T76V243767 ORLANDO LANDS 3FRXF75T86V230607 WEST PALM LANDS 906799 ORLANDO LANDS CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Vila & Son Landscaping Corp. ( "Contractor ") of 4175 Buckingham Rd., Fort Myers, Florida 33905, a Florida corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Immokalee Road Streetscape Beautification Project, Bid No. 08 -5033 ( "Project'), as said Work is set forth in the Plans and Specifications prepared by McGee and Associates, 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: eight hundred twenty seven thousand, seven hundred sixty nine dollars and fifty six cents. ($827,769.56) GC -CA -1 Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms. treas .gov /c570 /c570.html #certificd. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within one hundred and fifty (150) 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 Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In GC -CA -2 such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand four hundred and twenty three ($1,423.00) 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 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. GC -CA -3 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. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by McGee and Associates and identified as follows: Immokalee Road Streetscape Beautification Project as shown on Plan Sheets 1 through 117. Exhibit N: Contractor's List of Key Personnel Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Pamela Lulich and Bob Petersen, Project Managers Collier County Transportation Alternative Modes 2885 S. Horseshoe Drive Naples, FL 34104 (239) 252 -8494 GC -CA-4 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: Mr. Richard Fife, General Manager Vila & Son Landscaping Corp. 4175 Buckingham Rd. Fort Myers, Florida 33905 239 -466 -2700 Fax: 239 -466 -4700 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not _. submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. GC -CA -5 Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. GC -CA -6 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: FI S ;R7 f Date: -J-C.avog ATTEST: Dwight E. Brock, Clerk CONTRACTOR: Vila & Son Landscaping Corp. By: t �� P.-, it Type /Print Name and Title OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: =0j1J,k AttW a` to Cha iris ttynatwt a11111144 Approved As To Form and Legal Sufficiency: /� Print Name: Assistant County r ey GC -CA -7 BY: -./Y - - -T mn hair- � Item # uwmL Date Agenda Date Date Recd EXHIBIT A PUBLIC PAYMENT BOND Executed in 6 Counterparts Immokalee Road Streetscape Beautification Project Bond No. 0049438 Contract No. 08 -5033 KNOW ALL MEN BY THESE PRESENTS: That Vila & Son Landscaping Corp., 4175 Buckingham Road Ft. Myers FL 33905 (239) 466 -2700 as Principal, and Westfield Insurance Company , as Surety, located at P O Box 5001 Westfield Center, OH, 44251 -5001 (800) 430 -1386 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, Florida as Obligee In the sum of EIGHT HUNDRED TWENTY SEVEN THOUSAND SEVEN HUNDRED SIXTY NINE & 56 /100THS ($ 827,769.56 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a c?PAutsdateV asR of the day of Contrac No. 0 0 3; Immo aloe oad Streetscape 2008, with Obligee for Beautification Prolect, Immokalee Road, from 1 -75 to 41, 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: mptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 2008, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. Owner's Address: 3301 E. Tamiami Trail Naples, FL 34112 (239) 252 -8446 GC- CA -A -1 Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF Florida COUNTY OF L—v-7- L'" PRINCIPAL Vila & Son Landscaping Corp. BY: NAME: L, —)P,bE CN<Lh AN ITS: G Nje-1 a - rZXijAGiZfL The foregoing instrument was acknowledged before me this 1y 1 day of 200$, by t J Ac) GNAPMAN , as 7—c Jc ZAP me iz- of Vila & Son Landscaping Corp. a Florida corporation, on behalf of the corporation. He/she is personally known to me OR has produced r�j /A as identification and did (did not) `take an oath. My Commission Expires: 1=XpIRf S 6!!12009 BONDED IHRU 1 -888- NOTARY'~ k, FFIX OFFICIAL SEAL) ATTEST: (Signature of tdbi (Legibly Printed) Notary Public, State of 1— Q-OIZs 0/-^*- Commission No.: ZS 7F -7 GC- CA -A -2 SURETY: Westfield Insurance Company (Printed Name) P O Box 5001 Westfield Center, OH. 44251 -5001 (Business Address (Printed Name) D. FAIRCLOTH rI0 IN, PUIGLIC STATE OF FLORIDA s�o`��•O�'H•_ r NAME ; M Witnesses�� Inquiries: (407) 834 -0022 in Fact & Florida Licensed Resident Power of Attorney) Agent April L. Lively (Printed Name) P O Box 5001 Westfield Center, OH, 44251 -5001 (Business Address) (800) 430 -1386 (Telephone Number) STATE OF Florida COUNTY OF Seminole i, a foregoing instrument was acknowledged before me this 12th day of February , 2008, by April L. Lively as Attorney in Fact of Westfield Insurance Company Surety, on behalf of Surety. He She is personally known to me OR has produced Personally Known as identification and who dW (did not) take an oath My Commission Expires: KATHLEEN A. CLAWSON Notary Pu"c, S o30' TiO M4 Comm. exp. Aug. o. C4 35th L (AFFIX OFFICIAL SEAL) RS. r-- Cam. (Signature) Name: Kathleen A. Clawson (Legibly Printed) Notary Public, State of: Florida Commission No.: DD 351092 GC- CA -A -3 EXHIBIT A PUBLIC PERFORMANCE BOND Executed in 6 Counterparts Immokalee Road Streetscape Beautification Project Bond No. 0049438 Contract No. 08 -5033 KNOW ALL MEN BY THESE PRESENTS: That Vila & Son Landscaping Corp., 4175 Buckingham Road, Ft. Myers FL 33905 (239) 466 -2700, as Principal, and Westfield Insurance Company as Surety, located at P O Box 5001 Westfield Center, OH 44251 -5001 (800) 430 -1386 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County. Florida , as Obligee in the sum of EIGHT HUNDRED TWENTY SEVEN THOUSAND SEVEN HUNDRED SIXTY NINE & 56 /100THS ($ 827.769.56 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2008, with Obligee for contract - r mmo ee oa ree cape eau i is i roject, Immokalee Road, In accordance with drawings and from 1.75 to e1 ,.me. cn„nty. FL 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: Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects expressly understood that the time provisions and 255.05, Florida Statutes, shall not apply to this bond. GC- CA -A -4 as a common law bond. It is statute of limitations under Section Owner's Address: 3301 E. Tamiami Trail Naples, FL 34112 (239) 252 -8446 no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 2008, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: , IZII 161 1 C�-( Witnesses aslto Principal STATE OF Florida COUNTY OF PRINCIPAL Vila & Son Landscaping Corp. BY: C --�L� NAME: ACCE: GNAOMA/J ITS: IZ.At— MAtiPQQ(L foregoing instrument was acknowledged before me this t�A:7 + day of 1— c: -A-t> . , 2008, by %,, )a() C- CNA('VN Ati-) as r C- ry l= iz-A M Ar jA G.ED(— of Vila & Son Landscaping Corp. a Florida corporation, on behalf of the corporation. qg /she is personally known to me OR has produced ty //-\ as identification and did (did not) take an oath. My Commission Expires: C, • (v 0' gnature) a� *r•a W)IAPYPUBLIC STATE OF FLORIDA Name: IF— 1%Z C._t -[—T �T '-UNWISSICN " DD437825 L.XPIRESo�6�2c09 - (Legibly Printed) l I ... H ) U 1-8138-NOTARY] OFFICIA N gFE Notary Public, State of: I t -og-to A Commission No.: H 37� 2S GC- CA -A -5 ATTEST: SURETY: Westfield Insurance Company (Printed Name) P O Box 5001 Westfield Center, OH, 44251 -5001 (Business Address) Au Witnesses as to Surety (Pr ed Nam) i Witnesse ' i auiries: (407) 834 -0022 STATE OF Florida COUNTY OF Seminole ,bey in Fact & Florida Licensed Resident Power of Attorney) Agent April L. Lively (Printed Name) P O Box 5001 Westfield Center, OH, 44251 -5001 (Business Address) (800) 430 -1386 (Telephone Number) The foregoing instrument was acknowledged before me this 12th day of February , 2008, by April L. Lively as Attorney in Fact of Westfield Insurance Company , a Ohio Surety, on behalf of Surety. Hem is personally known to me OR has produced Personally Known as identification and who " (did not) take an oath. My Commission Expires: ,i �ubl , 0i ! -'' ho G ti , Pig. 30, 208 My I'M V2 (AFFIX OFFICIAL SEAL) (Signature) Name: Kathleen A. Clawson (Legibly Printed) Notary Public, State of: Florida Commission No.: DD 351092 GC- CA -A -6 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 05 /11103, FOR ANY PERSON OR PERSONS NAMED BELOW. - General POWER NO. 0991862 02 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. -_RTIFIED COPY Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a 'Company' and collectively as 'Companies; duly -. organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint JACK W. GUIGNARD, BRYCE R. GUIGNARD, M. GARY FRANCIS, PAUL J. CIAMBRIELLO, APRIL L. LIVELY, JENNIFER L. MCCARTA, KATIE N. BIRD, MARGIE LYNN MORRIS, BRETT A. RAGLAND, JOINTLY OR SEVERALLY of LONGWOOD and State of FL its true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred In its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship_ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE G A— RANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as If such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by Its Secretary, hereby ratifying and confirming all that the said Attorney(s) -In -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) -In -Fact to represent and act fyr and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and In the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -In -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 11th day of MAY A.D., 2003 . —,morate SU C.,r eals Affixed V�'rra. '• FQ {jyti t��:•, ran +�i State of Ohio County of Medina ss.: ..•'SIGNAL N SEAL ;m; 2-u" "w WESTFIELD INSURANCE COMPANY f' WESTFIELD NATIONAL INSURANCE COMPANY ;t* OHIO FARMERS INSURANCE COMPANY 184B By Richard L. Kinnaird, Jr., Senior Executive On this 11th day of MAY A.D, 2003 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides In Medina, Ohio; that he Is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described In and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said Instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial iwa)R�,,O" Seal Affixed William J. Kahelin, A rney at Law, Notary Public State of Ohio My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: \ I, John T. H. Batchelder, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out In the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of A.D., �rO l r• p Ell (combined) (06 -02) ` a ie�►ri Tf> SEAL :m. 301 .9Z t��y:• �f A 16419 ; John T. H. Batchelder, Secretary ACORD. CERTIFICATE OF LIABILITY INSURANCEPage 1 of 3 02/09/2008 PRODUCER 877- 945 -7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willie North America, Inc. 26 Century Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. rypE OFINSURANCE POLICY NUMBER ". 0. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED vita and Son Landscaping Cory INSURERA: United States Fire Insurance Company 21113 -001 INSURERB:St. Paul Fire and Marine Insurance Compan 24767 -006 20651 SW 216 Street Miami, FL 33170 $ 11000,000 PREMISES To RENT" $ 300,000 INSURER C: INSURER D: INSURER E: MEDEXP(Anyoneperson) $ 5,000 CnVFRArFS 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LT. DO' rypE OFINSURANCE POLICY NUMBER POLICYEFFECTIVE POLICYEXPIRATION LIMITS A X GENERAL LIABILITY 5417000541 4/1/2007 4/1/2008 EACH OCCURRENCE $ 11000,000 PREMISES To RENT" $ 300,000 X COMMERCIAL GENERAL LIABILITY MEDEXP(Anyoneperson) $ 5,000 CLAIMS MADE 1XI OCCUR PERSONAL B ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2.000.000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGO $ 2,000,000 POLICY X PRO- LOC A X AUTOMOBILE LIABILITY ANYAUTO 1387300842 4/1/2007 4/1/2008 COMBINED SINGLE LIMIT (Ea amident) $ 1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Peracciaen0 $ MIRED AUTOS NON- OWNEDAUTOS PROPERTY DAMAGE (Per acodent) $ ^^ GARAGELIASILITY AUTOONLV- EAACCIDENT $ OTHERTHAN EAACC $ ANVAUTO $ AUTOONLY: AGO $ EXCESS/UMBRELLALIABILITY QK06802363 4/1/2007 4/1/2008 EACH OCCURRENCE $ 5,000,000 X1 OCCUR 171 CLAIMS MADE AGGREGATE $ 51000,000 $ DEDUCTIBLE $ X RETENTION $ 10.00C A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 4066802811 4/1/2007 4/1/2008 X WCR STATT OTR ANY PROPRIETOR/PARTNER/EXECUTIVE E. L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICER /MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E. L. DISEASE - POLICY LIMIT $ 11000,000 OTHER DESCRIPTION OF OPERATIONS /LOCAnONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Division /Location: Ft. Myers Branch Bid #: 08 -5033, I nano kalee Road Streetscape Beautification Project. It is agreed that Collier County Board of County Commissioners is included as an Additional Insured as respects to General and Auto Liability, but solely in regards to work being performed by or on behalf of the Named Insured in connection with the Proiect dencribed herein CFRTIFICATF HOLDER CANCELLATION ACORD 25(2001/08) Coll :2256186 Tpl:611664 Cert:10311015 0 ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Collier County Board of County Commissioners Attn: Brenda Brilhart REPRESENTATIVES. AU RRED REPRESENTA 3301 East Tamiami Trail Naples, FL 34112 1� ACORD 25(2001/08) Coll :2256186 Tpl:611664 Cert:10311015 0 ACORD CORPORATION 1988 WIIIIS CERTIFICATE OF LIABILITY INSURANCEPage 2 of 3 02/08/2008 PRODUCER 877- 945 -7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE willis North America, Inc. 26 Century Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 373305191 INSURERS AFFORDING COVERAGE NAIC# INSURED vile and Son Landscaping Corp INSURERA: United States Fire Insurance Company 11113 -001 INSURERS: St. Paul Fire and marine Insurance Ccmpan 24767 -004 30451 SW 316 Street Miami, FL 33170 INSURER C: INSURER D: INSURER E: It is further agreed that such insurance as is afforded shall be Primary and Non - contributory with any other insurance in force for or which may be purchased by Additional Insured. It is understood and agreed that the company waives its right of subrogation against Collier County Board of County Commissioners which may arise by reason of a payment of claim under the General Liability policy as required by contract. CO11:227blUb TPI:bllbb4 Cert:lU3llU17 Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25(20011081 Co11:2256186 Tn1:611664 Cert:10313015 - EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements 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 coverages, 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. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. (5) The Contractor and /or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non - renewal on the part of the insurance carrier or the Contractor. Contractor shall also notify Owner, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages 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. (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. '9) Should at any time the Contractor not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC- CA -B -1 coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse Dwner for such costs within thirty (30) days after demand, Owner has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner 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 Owner 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. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the - sole responsibility and risk of Contractor. 11.3. All insurance coverages of Contractor shall be primary to any insurance or self - insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self- insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? ® Yes ❑ No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability X $1,000,000 Each Accident GC- CA -B -2 -(2) The insurance company shall waive all claims rights against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. ❑ Applicable ® Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. ❑ Applicable ® Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? ® Yes ❑ No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: X General Aggregate $2,000,000 Products /Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 Each Occurrence $2,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. ❑ Applicable ®Not Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if _.applicable to the completion of the work under this Agreement. GC- CA -B -3 - ❑ Applicable ® Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub - subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all -risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all -risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood or ,windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub - subcontractors in the Work. (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made )ayable to the Owner for the insured, as their interests may appear. GC- CA -B -4 AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? ® Yes ❑ No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: X Bodily Injury & Property Damage - $2,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC- CA -B -5 S�o eY Cimuty COLLIER COUNTY GOVERNMENT CONTRACT INSURANCE REQUIREMENTS FORM 4- Major Trade- High Hazard TYPE LIMITS Check X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government Statutory Limits and Requirements X Employer's Liability $500,000 X $1,000,000 X Commercial General $1,000,000 per occurrence X $2,000,000 per occurrence Liability (Occurrence Form) bodily injury and property bodily injury and property patterned after the current damage damage ISO form with no limiting endorsements. Airport Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damage damage Han arkee ers Liability $500,000 per aircraft $1,000,000 per aircraft Aircraft Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damage damage X Business Automobile $1,000,000 per occurrence X $2,000,000 per occurrence Insurance bodily injury and property bodily injury and property damage damage Pollution Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damage damage Builders Risk Insurance OWNER Will Purchase-Replacement Cost- All Risks of Loss Professional Liability $1,000,000 per occurrence $2,000,000 per occurrence Insurance $1,000,000 aggregate $2,000,000 aggregate INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE - -The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other format will be acceptable. Thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months. The contract name and number shall be included on the certificate of insurance. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability and /or Airport Liability where required. FORM 4- Major Trade- High Hazard EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor ") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated 1 2008 for the period from to excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. CONTRACTOR BY ITS DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2008, 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: (AFFIX OFFICIAL SEAL) NAME: GC- CA -C -1 (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: RE, 11.591110 Project No. Application Date (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ Original Contract Price: Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date Less Retainage Less previous payment (s) AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER), (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE:_ (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) CeltaEelPd1015 . N Q U U C7 �zx $ W ? MA w F E W y y C N K ° O _. 1C U -- _ -_. -. W Z U � 0 p �Y N 2 ' mOr N z r U U I W v J N D a a O E m I j W 8 W U H ~O a0O 01 m �3NO E I 0 m o E U) O m t N z l' � d H w o a - J Q m a,Qllt W — = c N W a Z ¢ ° m OO o LU m OZ u U O o o' U) '', > H a = s s I I a I N D 7 I v o °w x> am I a NI 7I O m v _ d O c ti m E m I a E c U �IQ U QI I Q o C C OF N I p N 7 'IM Wi O I O N N V c E L is-a x Q WC a 3 I I I N Q U U C7 W ❑ U m Q f0 E O LL v `o V d N A ad.+ m w O d C O U_ ❑ s x w M Q U U C� 0 w d— A C H A C d m V 'O O d � C N L F , O 7 N U C > N C C CL — d o > `m d H Q L F T 9 7 j Q G 'd > V d d 0. d y .2a o E c Z m y C O 'a+ W d d m 0 M Q U U C� TO: Project Name: Bid No. : EXHIBIT E CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Change Order No.: Date: Change Order Description Original Agreement Amount ............................. ..............................$ Sum of previous Change Orders Amount ......... ..............................$ This Change Order Amount ............................. ..............................$ Revised Agreement Amount ............................ ............................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Project Manager Recommended by: Accepted by: Design Professional Contractor Date: Date: Date: Approved by: Date: Department Director Approved by: Approved by: Authorized bi Division Administrator Purchasing Department Director (For use by Owner: Fund Number: ) Cost Center: GC- CA -E -5 Date: Date: Date: Object Code: Project OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: I[. 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. GC- CA -F -1 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: The following documents are attached to and made a part of this 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 Design Professional 2008 By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 2008 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 2008 0 OWNER Type Name and Title GC- CA -F -2 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Projec Contractor: The following items have been secured for the Project known as No.: by the 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 2008 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: By Owner: GC- CA -G -1 (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 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: GC- CA -H -1 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. 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. GC- CA -H -2 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Saturday. Lane closures are only permitted between the hours of 9:00 a.m. and 3:30 p.m. 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. GC- CA -H -3 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 six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner reserves the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of - Contractor's Work. GC- CA -H -4 4.7 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. 4.8 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. 4.9 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. 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. GC- CA -H -5 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. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 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 GC- CA -H -6 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. 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. GC- CA -H -7 8. DAILY REPORTS, AS- BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall GC- CA -H -8 faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 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. GC- CA -H -9 - 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 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 GC- CA -H -10 sub- subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is GC- CA -H -12 determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. 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. 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 GC- CA -H -13 - above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to 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) GC- CA -H -14 - calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 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 GC- CA -H -15 Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design 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 GC- CA -H -16 by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, 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 GC- CA -H -17 to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the GC- CA -H -18 construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. GC- CA -H -19 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 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 GC- CA -H -20 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 N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.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 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 GC- CA -H -21 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. 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. 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 GC- CA -H -22 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; 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 GC- CA -H -23 - 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre- construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre- construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and /or Purchasing Departments, 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. Additionally, as directed by Owner and at no additional cost to Owner, Contractor GC- CA -H -24 shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. -- 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 19149N_e:90V shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self - performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner 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 GC- CA -H -26 roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 34.1.2 34.1.3 34.1.4 34.1.5 34.1.6 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal /Approval Logs Equipment Purchase /Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees rK.aNe:drA 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. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, 'Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY If required, Contractor shall be responsible for the costs of providing background checks and drug testing 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 GC- CA -H -28 law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. VENUE 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. GC- CA -H -29 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS "The County may, at its discretion, use the VISA / MASTER card credit network as payment vehicle for goods and / or services purchased as a part of this contract." GC- CA -1 -1 EXHIBIT J TECHNICAL SPECIFICATIONS GC- CA -J -1 EXHIBIT K PERMITS • SFWMD Right of Way Occupancy Permit GC- CA -K -1 BIG CYPRESS BASIN "= Sovrx FLORIDA WATER MANAGWENr Dtsnucr 2630 Golden Gate Parkway, Suite 205, Naples, FL 34105 (239)263-%613 • Sutxom721 -7920 • Fas(239)2638166 whvwsW✓md goc/lxb/ LAN 08 -02 Cocohatchee Canal November 14, 2007 Collier County. Department of Alternative Pamela J. Lulich, RLA Transportation Modes 2885 South Horseshoe Drive Naples, FI 34104 Dear Miss Lulich: Subject: LETTER OF MODIFICATION to SFWMD Right of Way Occupancy Permit Numbers 10911, Collier County, Cocohatchee Canal Staff is in receipt of the landscaping and irrigation drawings, provided for the planting of trees and installation of irrigation line along the West side of Airport Road Canal required by Special Conditions of Right of Way Occupancy Permit Number 10911. Please be advised that staff has reviewed the submittal drawings and has no objection to the suggested landscaping. Therefore, this letter is your official notice that a Letter of Modification is in effect for the subject Right of Way Occupancy Permit. ADDITIONAL SPECIAL CONDITIONS: TREES AND LANDSCAPING: THE PERMITTEE SHALL BE RESPONSIBLE FOR THE REMOVAL OF ALL MATERIALS AND DEBRIS FROM THE DISTRICT'S CANAL AND RIGHT AWAY; AND, FOR THE REPAIR, REPLACEMENT AND RESTORATION OF ANY SECTIONS OF THE DISTRICT'S RIGHT OF AWAY DAMAGED OR DISTURBED RESULTING FROM THE AUTHORIZED ACTIVITY. RESTORATION SHALL BE TO THE SATISFACTION OF THE DISTRICT AND MAY INCLUDE PLACEMENT OF RIP -RAP AND /OR GRADING /RE- SHAPING, SEEDING, RE- SODDING WITH BAHIA, ARGENTINE OR OTHER SPECIES RECOGNIZED BY THE DISTRICT AS A DROUGHT TOLERANT SPECIES. Bu: Cl "YRtSS B,asIN G1)VU MNG B09R0 Charles J. Da.trav, CFni�; Fs nff .c +r ('nunnj )ehn r Sere} 111, { we Chair -N"!'- rVlciaG Ab6olt -N rz.�emu.: ------- ---- -Lies�[�dd�, Semefanl- Irnrrmkafe Clr�ue. 5 -fears, Jr. 1,0+y Anderson- Maple: )on - Etazyer, PhD Page 2 Pamela J. Lulich, RLA November 15, 2007 2. THE PERMITEE SHALL COMPLY WITH ALL THE PERMIT(S) NECESSARY TO EXECUTE FUTURE WORK WITHIN THE SFWMD'S RIGHT OF WAY. IN ISSUING THIS PERMIT, THE DISTRICT IS NOT RELINQUISHING ANY OF ITS RIGHTS; PARTICULARLY ITS RIGHT TO USE THE CANAL RIGHT OF WAY FOR ACCESS TO PERFORM MAINTENANCE OPERATIONS ALONG THE CANAL. THESE MAINTENANCE OPERATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, INSPECTIONS, POST STORM RECOVERY OPERATIONS, TREE AND VEGETATION MANAGEMENT PROJECTS OR CHANNEL, BANK OR SHORELINE IMPROVEMENT PROJECTS AND ALSO INCLUDE FUTURE CANAL IMPROVEMENT INITIATIVES. 4. BY ACCEPTANCE OF THIS PERMIT, THE PERMITTEE SPECIFICALLY ACKNOWLEDGES THAT: A. ONLY THOSE TREES AND PLANTINGS SPECIFICALLY APPEARING ON THE PERMIT DRAWINGS ARE AUTHORIZED. B. PRIOR DISTRICT WRITTEN APPROVAL IS REQUIRED BEFORE PLACING ANY ADDITIONAL TREES OR PLANTINGS WITHIN THE DISTRICT'S CANAL RIGHT OF WAY. C. THE PERMITTEE IS PUT ON NOTICE THAT THIS PERMIT DOES NOT AUTHORIZE THE REPLACEMENT OF THE EXISTING AUTHORIZED TREES OR PLANTINGS WHICH DIE, BECOME DISEASED OR DAMAGED. IF TREES WERE AUTHORIZED WITHIN 40' OF THE TOP OF BANK.... D. THE PERMITTEE IS PUT ON NOTICE THAT FUTURE REQUESTS FOR TREES WITHIN FORTY FEET OF THE TOP OF THE CANAL BANK WILL BE DENIED. 5. THE PERMITTEE IS RESPONSIBLE FOR THE MAINTENANCE OF ALL AUTHORIZED TREES AND PLANTINGS WITHIN THE DISTRICT'S RIGHT OF WAY AND THE GROWTH OF SAID TREES, INCLUDING PRUNING OF TREE CANOPIES. THE PERMITTEE SHALL MAINTAIN THE TREES IN SUCH A MANNER SO NO PORTION OF THE AUTHORIZED PLANTINGS EITHER OVER -HANG OR ENCROACH ONTO THE AREAS SPECIFIED BY THE DISTRICT TO REMAIN CLEAR FOR CANAL MAINTENANCE PURPOSES. UPON THE REQUEST OF Page 3 Pamela J. Lulich, RLA November 15, 2007 THE DISTRICT, THE PERMITTEE SHALL IMMEDIATELY TRIM OR PRUNE ANY TREES OR PLANTINGS IDENTIFIED BY THE DISTRICT TO THE DISTRICT'S SATISFACTION AND AT THE PERMITTEE'S SOLE EXPENSE. LARGE TREES MUST BE MAINTAINED AT A MAXIMUM HEIGHT OF 25'. 6. THE PERMITTEE IS PUT ON NOTICE AND AGREES THAT ANY DAMAGE RESULTING FROM THE SUBJECT TREES SHALL BE THE SOLE RESPONSIBILITY OF THE PERMITTEE. THE DISTRICT ASSUMES NO RESPONSIBILITY FOR ANY TREES OR PLANTINGS WITHIN ITS RIGHTS OF WAY THAT MAY BE DAMAGED AS A RESULT OF THE DISTRICT'S CONSTRUCTION OR MAINTENANCE ACTIVITIES. Please update your records by attaching this Letter Modification to your permit file. Should you have any questions, or require further assistance, please do not hesitate to " contact me at 239 - 597 -1505 x7614. S' rely. hilip Aimenez Sen10 Engineering Associate Big Cypress Basin PJ /bp EXHIBIT L STANDARD DETAILS GC- CA -L -1 EXHIBIT M PLANS AND SPECIFICATIONS GC- CA -M -1 GC- CA -N -1