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Agenda 09/10/2013 Item #16D18 9/10/2013 16.D.18. EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (ITB) 13-6125R North Collier Regional Park Water Slide Tower to FA Remodeling and Repairs,Inc.,in the amount of$143,760 for painting and repair to the steel tower and slide supports of the Water Park Slide Tower and authorize the Chair to execute the attached contract. Objective: To do the necessary painting and repairs to the Sun and Fun Lagoon water slide structure to restore it to its original state. Considerations: On August 5, 2013, staff sent a notice of Intention to Bid ITB 13-6125R for painting and repair to the steel tower and slide supports of the Water Park Slide Tower at North Collier Regional Park Fun N Sun Lagoon. The ITB included the furnishing of all labor, tools, equipments, materials and supplies necessary to 1) clean, prepare and coat all prepared steel surfaces, 2) waterproof non-skid coating on access stairs, 3) replace pump house roofing, 4) replace stair handrails, and 5) miscellaneous repairs on the slide tower. 311 notices went out and 37 bidders downloaded the bid packages. A mandatory pre-bid meeting was held on August 9, 2013 and on August 20, 2013 two (2) bids were received. The two bidders are: Total Project Cost FA Remodeling and Repair, Inc. $1 43,760 Marzuccos Painting $251,257 Staff reviewed the bid responses and recommends awarding the bid to FA Remodeling and Repair, Inc., as the lowest qualified responsive bidder who provided the lowest combined project cost for Items A, C, E and G and Alternates B1, D1, and D2. The bid tabulation is attached. Fiscal Impact: Funds are budgeted in NCRP Pool Repair 80216 in Fund 306. The purchase order(PO) will not be issued until after the 2014 fiscal year budget is available. Growth Management Impact: The value of the improved facility will be inventoried in the Growth Management Plan. Legal Considerations: This item has been reviewed, approved for form and legality by the County Attorney's Office, and requires majority vote for approval.—CMG Recommendation: That the Board of County Commissioners award the Invitation to Bid (ITB) #13-6125R to FA Remodeling and Repair, Inc., for painting and repair the Water Park Slide Tower and authorize the Chairwoman to execute the attached contract. Prepared by: Vicky Ahmad, Project Manager, Facilities Management Department Attachments: 1) Bid Tabulation, 2) Contract#13-6125R Packet Page -1287- 9/10/2013 16.D.18. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.18. Item Summary: Recommendation to award Invitation to Bid (ITB) 13-6125R North Collier Regional Park Water Slide Tower to FA Remodeling and Repairs, Inc., in the amount of$143,760 for painting and repair to the steel tower and slide supports of the Water Park Slide Tower and authorize the Chair to execute the attached contract. Meeting Date: 9/10/2013 Prepared By Name: BetancurNatali Title: Operations Analys,Parks&Rec-NCRP Admin 8/28/2013 4:18:41 PM Submitted by Title: Project Manager,Parks&Recreation Name: AhmadVicky 8/28/2013 4:18:42 PM Approved By Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 8/28/2013 4:58:47 PM Name: JonesHank Title: Project Manager,Principal,Facilities Management Date: 8/28/2013 5:13:45 PM Name: WilliamsBarry Title: Director-Parks &Recreation,Parks &Recreation Date: 8/29/2013 9:12:57 AM Name:MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 8/29/2013 9:12:04 PM Packet Page-1288- 9/10/2013 16.D.18. Name: JohnsonScott Title: Purchasing Agent,Purchasing&General Services Date: 8/30/2013 12:21:44 PM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 8/30/2013 3:33:53 PM Name: CarnellSteve Title: Purchasing/General Services Director Date: 8/30/2013 4:51:29 PM Name: KlatzkowJeff Title: County Attorney Date: 9/3/2013 8:14:14 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 9/3/2013 1:16:49 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 9/3/2013 1:38:57 PM Aostk Packet Page-1289- 9/10/2013 16.D.18. Colter minty Adryinistrattve DNision Purchasing North Collier Regional Park (NCRP) Water Slide Tower Painting and Renovation COLLIER COUNTY BID NO. 13-6125R COLLIER COUNTY, FLORIDA Rhonda Cummings, FCCN, CPPB, Procurement Strategist Email: RhondaCummings @colliergov.net Telephone: (239) 252 -8941 FAX: (239) 252 - 6700 Design Professional: Not Applicable: Contact Vicky Ahmad, Project Manager, Facilities Management at 239/252-4047 4 Pvdasn9 Oeoamreit•3327 Tama Trail East•Naples:Florida 34112-4901•w+w+.colknod.rtettpurcnasing 1 Construction Services Agreement:Revised 01/01/2013 Packet Page-1290- 9/10/2013 16.D.18. TABLE OF CONTENTS Amok PUBLIC NOTICE 3 PART B - INSTRUCTIONS TO BIDDERS 6 CONSTRUCTION BID 14 BID SCHEDULE 16 MATERIAL MANUFACTURERS 17 LIST OF MAJOR SUBCONTRACTORS 18 STATEMENT OF EXPERIENCE OF BIDDER 19 TRENCH SAFETY ACT 20 AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 21 IMMIGRATION LAW AFFIDAVIT CERTIFICATION 22 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W—9 23 BID BOND 27 BIDDERS CHECK LIST 29 CONSTRUCTION AGREEMENT 30 EXHIBIT A 1: PUBLIC PAYMENT BOND 37 EXHIBIT A 2: PUBLIC PERFORMANCE BOND 40 EXHIBIT B: INSURANCE REQUIREMENTS 43 EXHIBIT C: RELEASE AND AFFIDAVIT FORM 47 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT. 48 EXHIBIT E: CHANGE ORDER 51 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION 53 EXHIBIT G: FINAL PAYMENT CHECKLIST 55 EXHIBIT H: GENERAL TERMS AND CONDITIONS 56 EXHIBIT I: SCOPE OF WORK 88 EXHIBIT J: REQUIRED GENERAL CONDITIONS 89 EXHIBIT K: CERTIFICATION 90 EXHIBIT L: STANDARD DETAILS 91 EXHIBIT M: PLANS AND SPECIFICATIONS 92 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 93 2 Construction Services Agreement Revised 01!01/2013 Packet Page-1291- 9/10/2013 16.D.18. coitilierj county Adninistralive Services Division Purtasing PUBLIC NOTICE INVITATION TO BID NCRP Water Slide Tower Painting and Renovation COUNTY BID NO. 13-6125R Separate sealed bids for the painting and renovation of North Collier Regional Park's water slide tower, addressed to Ms. Joanne Markiewicz, Interim Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 20th day of August, 2013 at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A mandatory pre-bid conference shall be held at the Fun and Sun Lagoon located 15000 Livingston Road, Naples, FL 34109 in the water slide area meeting room, at 8:30 a.m. LOCAL TIME on the 9th day of August, 2013, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project and a walk through of the project will take place at that time. In instances where the Owner has deemed the pre-bid to be Mandatory, the Bidder's failure to attend the pre-bid conference shall result in the rejection of its bid. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, NCRP Water Slide Tower Painting and Renovation, Bid No. 13-6125R and Bid Date of August 20, 2013". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department Online Bidding System website: www.colliergov.netfbid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the 3 Construction Services Agreement:Revised 01/01/2013 Packet Page -1292- 9/10/2013 16.D.18. 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 twenty one (121) 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 5th August day of 2013. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Interim Purchasing and General Services Director 4 Construction Services Agreement:Revised 01/01/2013 Packet Page-1293- 9/10/2013 16.D.18. Col minty Email: RhondaCummings @colliergov.net Telephone: (239) 252-8941 Administradve Services Division FAX: (239) 252-6700 Purchasing ADDENDUM #2 Memorandum Date: August 19, 2013 From: Rhonda Cummings, FCCN, CPPB, Procurement Strategist To: Interested Bidders Subject: ITB 13-6125R- Addendum #2— NCRP Water Slide Painting and Renovation The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CLARIFICATION: The attached REVISED Bid Form Clarifies the Alternates on Item B and D. These Alternates are breakdowns of the parent item. Alternates B2, B3, D2, & D3 may not be awarded depending on funding. The attached Scope of Work document is revised to reflect the clarifications on the Alternates and to correct the page numbering. In all painting cases, either of the two manufacturer's systems are acceptable. The alternates do not pertain to the Brand of paint to be used. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Vicky Ahmad, Project Manager Enc: Scope of Work document Revised Bid Tab 1 Packet Page-1294- 9/10/2013 16.D.18. Co County Email: RhondaCummin s collier ov.net Telephone: (239) 252-8941 9 Administatve Services Division FAX: (239) 252-6700 Puitiusing ADDENDUM #1 Memorandum Date: August 15, 2013 From: Rhonda Cummings, FCCN, CPPB, Procurement Strategist To: Interested Bidders Subject: ITB 13-6125R-Addendum #1 — NCRP Water Slide Painting and Renovation The following clarifications are issued as an addendum identifying the following changes for the Amok referenced solicitation: CHANGE: In the Scope of Work, Item 3) Selective Demolition: change 3a) "Remove and dispose all existing handrail materials including: wood rails, wood balusters, metal handrails, brackets, steel handrail posts, etc. on the water slide access tower. Do not remove metal handrail posts? To "Remove and dispose all existing handrail materials including: wood rails, wood balusters, metal handrails, brackets, etc. on the water slide access tower. Do not remove metal handrail posts." ADD: Sign in sheets from Pre-Bid Meeting held August 9, 2013 at 8:30 a.m. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Vicky Ahmed, Project Manager Enc: 3 pages • Ask 1 Packet Page -1295- 9/10/2013 16.D.18. 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 15 - 16 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 Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be 5 Construction Services Agreement:Revised 01/01/2013 Packet Page -1296- 9/10/2013 16.D.18. enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashier's check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not,less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred twenty (120) days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. 6 Construction Services Agreement:Revised 01/01/2013 Packet Page-1297- 9/10/2013 16.D.18. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing and addressed on the County's Online Bidding System to be given consideration. All such requests for interpretations or clarification must be received as directed in the Online Bidding System instructions and prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued via the Online Bidding System at their respective email addresses furnished for such purposes no later than three (3) working days prior 7 Construction Services Agreement:Revised 01/01/2013 Packet Page-1298- 9/10/2013 16.D.18. to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is mandatory. 8.4 In instances where the Owner has deemed the pre-bid to be mandatory, the Bidder's failure to attend the pre-bid conference shall result in the rejection of his bid. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of the Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they 8 Construction Services Agreement:Revised 01/0112013 Packet Page-1299- 9/10/2013 16.D.18. propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than twenty-five percent (25%) from the estimate at the time of bid. 11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing professional of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of 9 Construction Services Agreement:Revised 01101/2013 Packet Page-1300- 9/10/2013 16.D.1 8. County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at http://www.colliergov.net/Index.aspx?page=762. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.6 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. ., 12.7 Local Vendor Preference: The Collier County Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County contracts. A"local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent (10%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e. the lowest local bidder) shall have the opportunity to submit, an offer to match the price(s) offered by the overall lowest, qualified and 10 Construction Services Agreement:Revised 01/01/2013 Packet Page-1301- 9/10/2013 16.D.18. responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Section 287.087 F.S. If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Section 287.087 F.S. and the lowest non-local bidder does, award will be made to the bidder that meets the . requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices, 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall 11 Construction Services Agreement:Revised 01/01/2013 Packet Page-1302- 9/10/2013 16.D.18. 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 Bidder shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part Ill, 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 12 Construction Services Agreement:Revised 01/01/2013 Packet Page-1303- 9/10/2013 16.D.18. employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Section 18. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 13 Construction Services Agreement:Revised 01/01/2013 Packet Page-1304- 9/10/2013 16.D.18. CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA NCRP Water Slide Tower Painting and Renovation BID NO. 13-6125R Full Name of Bidder TT C C 1/7 636 Main Business Address 82-44 t 4 C i Place of Business {-6rne ►`C% Telephone No.e T [ of 2Z Fax No C- )` State Contractor's License # ac (51 2C3S CCU, 13 2030 I State of Florida Certificate of Authority Document Number ' 01-1 COCM b Federal Tax Identification Number '21- 12-1'8454 _ DUNS # O 125 CR# K ci Cage Code To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. 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() 01) a) Cl) cfs L;`,;.,:),.:!:;,;,,; m CNI < 0.. .....• (..) :c7( (7) 0 ... cro --- — -- a- c E :'-:,-.1::2.1'.',.•:::-.'.,,:',x',-..', i °LLD, — a-co .. - E ,....- co .. f., •. .• 2 li= uj Ili uj Lij 0 ,.... 0 ..--..Lu uj 0 Lu w 0 w JR ") ':;";;;'';'-'47.:;•.[:.; 0 E en a) 4tt 4 4 ct a' E < < ._,4:t 4t 5 a 5 '''''.. ;',:';': ;''I'' ... ,:::::c..,.,...!.n• m 0 TO. rL CL (t Ce .7.:• FT:_i a rt CC 1- Ce CC El- 0 ,.z?..,,-..... 1 -• ;.:1 s--„, 111 t11 111 111 0 -r, ,0 11.1 LL1 Ti 11.1 1/1 m Ps .''.-7,:-,'',,,'.::....! 1111 0,1E -::',..' i'ij-''': w 0 RI :4: 1-- 1— /— 1— 0 E —1 e,'-"i•.• 1— L2,1-- 1— 4-',„, E 0 •::::',.;.;:•!;i,.1±14.i. ir- p...-,,.< -1:1.,47-1)i ..', t):'I f:... co u) c) 4 4( 4c 4( u) .c 4( (0 4( 4( cc 4c .4( 3t .0 tr.' :,:t ,::..g:::: :.,,,, ' 1;e16146 !,:,::::-;:;-:;,„2,;•,...-:, 1 • :,...,,,,,,,,,,.. . . . •r•- C%1 05 ....,,,,,,, '‘''' C\i CO 000 1 11 '..-..11,:•:.i57.'. r:::;:gr.",-,.",„."4:, ..-....., ' ,. , . . ,.°4;i7,,:•.0,r,:::77'..:i : I ....:.--.::::: ::',7 • - ■:,:fi.,.,,.;"..,,',;',,, 44 cti I-11 0, ktii:ffAt7;,...11 ! i ,I...i'!:::•:.''.;:ij;',!P Packet Page-1306- 9/10/2013 16.D.18. oak MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON- RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A(Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. a`. ...a �"..tw .k� a - "� v; wC . �'.,,.. �z e•,.•.v k,.vw , e�fr.a�`l6MLrF.P.�„c�'�'a•lrr mewx�d-C ......,�. d ' ,....�. z .�..«.H_..amt a, ,x;,.e � �.f,A a.w"' t,4 ' " P Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. ri �. -0S ` la'9Ib:Y,.+�}4' .......r-.1�avuaveGrwuva r..uw.riUti HilM �4L��}. ...,. _ ... zn.. 17 Construction Services Agreement: Revised 01/01/2013 Packet Page-1307- 9/10/2013 16.D.18. LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as :needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. 4 .eta , ds ." ti#, " Cr'.C Y u z r �� Vim- . L;;r«;mf. `" � } ,.n"� „. -. 1. Electrical I .. , c C t-�ttc -cc R , )630,,Q5 2. Mechanical • 3. Plumbin• I \ C 04Cioit' 1be. ay* rE "S`PL 3"1 lt/' 4. Site Work ,. • • F(3yt+ 5. Identify other j 01 ' I�- 1 Ci '� Y1 t-60 2 subcontractors that `�"�`' �p�� ' represent more than t s ;c 2I)- j _• 10% of price or that I tz � S Ltd affect the critical t(4-)l of the schedule .-ttiLi2.1 1 3i , u �•'L+'/yra 5 v 1 o-R ey d g, --40 ?�. p w,-,- ,gy,"_`( r3� $` "1 'fit �`' '� pF eT ea ', ". --,w+x 3. `R,G "*aaw”hS.'f3se�ku ' "' r+ d#<+ar.? xk. kH AO,�:i r r . 'r h p i7r3 nature °" ,-41P WO'vO Vwnc�.�r1 a 49 Nr �r1f f d r r6 ]+� "'., F s%,; r:- �. ) 1 14 "": t :: -�°° ^' pi I , T;irl xa W==.,„;.f U C._A,, 1 Z' 18 Construction Services Agreement Revised 01/01/2013 Packet Page-1308- 9/10/2013 16.D.18. 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 1. t74 \acift ifiAN1 pas [2 2. t �� Vc.4L * 3. aief, clkxctes ,bm.4 otsea4 rezcal Ct!6\AI,.„, `t" aW1C1t •• 1'' �� 4. C-Taf Can t k5c;v1 4-6 61 (04.e/ -sex*c6to OtC-• • b' CL46,4". CeteitY k---Ct&akAre/3Y)1, 6. %ro • • T--ax.`4,Lk, t(rOvr) crv-ti vu:stA,-67 pg%d- otrryl(3)-) 4 i p .w 4 ' ,ry r 3 j j;' dh1;144 AL, !s Pl,r p 1 rr i ., 1 ri1 A S r""k w�. g474:,� s. l trz#"" ��/5 .: i,"x.l"","`", c' " ht ^��° � J y- YcvW }d�A f� Y'{ `Pry e .� ,�� ,V w. : y : �y ,y� u u �N $ a �w tee' :,a r�" ,. i s ce's ' a 'cit'tr MmnYrS;kkef "R*r ,' g"ilt4 .: ri Sy 40i 2, M14 v� .� 'a..tF V 19 Construction Services Agreement:Revised 01101/2013 Packet Page-1309- 9/10/2013 16.D.18. 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. 2. 3. 4. 5. TOTAL $ Failure to complete the above may result in the Bid being declared non-responsive. t s ,.-� ,y*L� 1�5a • "Grm. L. 20 Construction Services Agreement Revised 01/01/2013 Packet Page-1310- 9/10/2013 16.D.18. CAr Actrinisbabse Services O AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS SOUCITATION#13-6125R(CHECK APPROPRIATE BOXES BELOW) State of Florida(Select County if Vendor is described as a Local Business Collier County Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A local business"is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one(1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a"local business"unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities,the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shalt affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a"local business" under this section. Vendor must complete the following information: 1 Year Business Established in(Collier County or❑ Lee County: 8 Number of Employees(Including Owner(s)or Corporate Officers):, Ct Number of Employees Living in p Collier County or❑ Lee(Including Owner(s)or Corporate Officers): 9 If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: f e-4ae.fajOS 74C Date: i t zip 1912, Collier or Lee County Address: SI � (` 61. !A US-.l �, j Signature: ' :. A .. Title: �£1 STATE OF FLORIDA: OLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Befor Me, a Nota lic, or the above State and County, on this O Day of A 20 /3. r �--\,_ s-.,-/-- Notary Public -a a� _ `j- ' ` / ?11►.,„, SANDRA MCI My Commission Expires: /51/ t(J = %s No Public-State of Florida Mr Comm Expires Jul 5.201$ C- oatmission*PE 214252 (AFFIX OFFICIAL SEAL) �'"'"' ��- Horded Through National Mary AM. 21 Construction Services Agreement:Revised 01/01/2013 Packet Page-1311- 9/10/2013 16.D.18. Goer Cary atiue services oivisron Purthiang Immigration Law Affidavit Certification Solicitation: 13-6125R This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals(RFP) submittals. Further,Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program,may deem the Vendor/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendors/Bidder's proposal. Company Name -T R&fnOd (fl u, 1Pi2 hi. 1 C Print Name t�al Title V 1X '""� Signature r Date f R State of +� County of \( `< ,�(( The foregoing instrument was signed and acknowledged before me this2C) day of.f-C.c5/r 5 28 by L'c-C\C� /"T�t ' --C (print or type name)who has produced q �+ �2 G f identification and number)as identification. (03-7 1 t• �1� No ublic Signet e L plryry• \c..e $ flLExPfrftJu2O16\*' A 11% H�� rYbBD SANDRA �Florida Printed Name of Notary Public /ç/ r = No is St f�V BMW No* Z Notary Awl. Notary Corn fission Number xpiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. 22 Construction Services Agreement:Revised 01/0112013. Packet Page-1312- IIIl{rwa te-YCCLy.US4:1s.gVw Midi MY itCUIQt!'AuNIII 1-211a3X 1J a""Z 9/10/2013 16.D.18. .t^ . :lif r::,4rs,; .Y4'.' 'C 2Y ti;x,":Z m»"S,eaa-.._ ...tt tli.iir" ``1C+�ru sa%:'s= .y,.p 4` 'a-Verify Enrollment You're Finished C.,t=3)1130,A,`4, (I) _ .._ s our company has been enrolled in E-Verify. Now just sit back and wait—the people you signed up as users -M it receive their user names ar`d ueaswor^'s tiv a-;,z:s. Most oeonie receive our confirmation e-mail within a few minutes. You 'should check your a-mail it*ox as well o your spar or junk mail folders because sometimes our a-rra:ils are mistakenly marked as seam. if the e-mail is not received within 48 hours; please call our Customer Support line at 1-888-464-4218 for assistance. Do not enro&your cc^Yerty e.win.It, S- `erff-y, if you attempt to reenrotl, your enrollment may be .:ielave . Before you go, click on the'View Memorandum of Understanding" button and print a copy of the Memorandum of Understanding you e4ettronically signed. Be sure to share it with your tunan resources manager, legal counsel and other appropriate star. Merida for signing up.Your participation is vital in ensuring a legal United States workforce. If you ever nave any .estions.we're here to help—just pine us a cell at 1_888-464-4218 or e-mail us at Vern rs.c o.;. View Memorandum of Understanding •:. .Donartment of Hemetand Security f U.S.Citizenship and Immigration Accessibility Download viewers srvises =4712011 Z €012 Packet Page -1313- 9/10/2013 16.D.18. r 01-18-2012 A ' STATE OF FLORIDA et DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF DTI TO!.BE EXEMPT FROM FLORIDA WORKERS' CORVENSATION LAW * * CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 01/18/2012 EXPIRATION DATE: 01/17/2014 PERSON: CAVERO CARLA FEIN: :. 271218454 BUSINESS NAME AND ADDRESS: FA REMODELING AND REPAIRS INC 8244 KEY.ROYAL CIRCLE UNIT 838 -- NAPLES FL 34118 SCOPES OF BUSINESS OR TRADE: 1- Fence Erection-Metal 2- Carpentry 3- Plasteering. 4- Tile, Stone, Mosaic or TerrazZ /*PORTANT :Parsaet to'aepter 440 . 051141, F.S., no officer of e corporation who elects eaemptioa fine ibis chapter by filing a certificate of 'demise coder this settles mr{'rat xa:,;.cz benefits or compensates soder this chapter_ Psrousat se Chapter 440.06{121, f.S.. Certificates of eiectiae to be exempt.,. musty only eritkie *a t sat..the hcsiaess or"credo listed on the notice ai election to be exempt. Pursuer to Chapter 440.05(13, F.S.. Notices of election to be exempt and carlOFicatns of atomize to.be.*mew ati.0 bs subject to reracadon If. at soy time atter the filing of the notice or the issemece of the certiieela. the person named on the notice or rallitst'o so''temper meets the requirements of Ibis section ter issuance of a certificate. The department shall revoke a certificate at soy time for failure of the person SUMO aa.tk .rmtificste to meet the requirements of this section_ QUESTlO1S1 18511E 412-1B0, DWC-2 2 C TFICATE OF ELECTION TO BE EXEMPT REVISED 01-11 01-17-2012 JEFF ATWATER STATE OF FLORIDA CHIEF FINANCIAL OFFICER DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO SE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 01/17/2012 EXPIRATION DATE: 01/16/2014 PERSON: ALVEAR FELIPE 0 FEIN: 271218454 - BUSINESS NAME AND ADDRESS: FA REMODELING AND REPAIRS INC 8244 KEY ROYAL CIRCLE UNIT 838 NAPLES FL 34119 SCOPES OF BUSINESS OR TRADE: 1- Fence Erection-Metal 2- Carpentry 3- Plastering 4- Tile, Stone, Mosaic or Terra= - IMPORTANT: Pursuant to C(p t r 440 . 05(141, F.S., no officer of a corporation WIN elicit etteepifee tilts dMs dmpter by tubg a catlifieste of elec iao miler Ibis section may not recover bal cad�l;p�s¢f,or compensetiea under this cheater. Penmen to Chapter 440.051171, F.S., t ettlticmes of eledtoe is be exempt.._ apply any withie the scup■ of taw beetnesa er I Jllaed ap the notice of e$edial to he exempt. Pursuant is Chapter 440.06(181, F_S., Notices of Media N be exempt ad certain iclea or alaWoe to bs exempt ahei soiiject to magnetise IL of any time titer the Hairy at the macs sr fM I$01000 of the art uteoo,the parson nMd as adze eat cenIlIcate oo lesger meta 'reghiromats of Obis Nam for lamer-- •' • ■•••rat."'• 'h' t revoke o certificate at any time for tellers of the perms leaped en the certificate to ireet the regeiressols of Otis secd0 Packet Page-1314- nufsnolvsz tame► 413-10 nwr-7a, rt:aTiFtrtim ru cicrTinti m RC FYFMPT RFViCFnI Bf-11 .0 b 4 STATE OF FLORIDA 9/10/2013 16.D.18.w DEPARTMENT QP` s gs:_ PROF TONAL BGQi.ATION cottaTkut-rioN ATDII Y INS BOARD .SEQO L12071680624 4 - T r— 'J? OENSs NBR.. • 07/16/2012.• 128009708 The-=G TRACTOR Named .below is CE1 TIFIEfl`. - Under. the provisions . �Pter 44� rS.Expiration dates AUG AUTG 31, 201#:? CAVEItO,, CARLA..CHRISTINE _ _ FA REMODELING.ING AND lR.EPAIPS'. INC 8244 .KEY ROYAL. CIRCLE-ii 636 NAPLES' FL 34119 GOVERNOR DISPLAY AS"REQUIRED-BY LAW • Tros Docu EN' HAS CGL^ br:[t t i�btstly 1iCR.OPrINT1t.0 Li?!E':�a±i PATE"i-1._D E f..'0 3 54 4, STATE OF FLORIDA • -DEPARTMENT OR ':SIISINESS AND PROFESSIONAL :REGULATION comErrigrcrrow 3:NDI7STRY LICENSING BOARD SEMLS2a7160054! n E-T C H"''_J':.:.E R LICENSE ERR _ - 07- ;16 2012.:12800970.8 ;. CCC132834�3 ::__ . The ROOFING CONTRACTOR _. , Named:below IS ..CERTIFIED.. Under the prcvisioi s of•Chapter 149 FS Expiration date: AUG. 31, .2014 FA4. lYERO,,� -?.'C"A.RLA .:11+.GiLLJ.aREPAIRS 7J Ja�i3 �y��f giiI NG �-_ � IiRi..r,• 8244 KEY- ROYAL CIRCLE # 636 ' NAPLES FL 34119 RICE l SCOrr -. IC N :LAWSO1'�: GOVERNOR ' sgeRETABY. DISPLAY AS REC UtRED B((LAW Amok • Packet Page-1315- rr:R rse.9 ttrrirr BUSINESS TAX " • BUSU 9/10/2013 16.D.18.s CZUNTY,TAX COLLEt...—IOR.,2600 N.RCASE.-Si-i0E DRIVE-NAPLES R.CRICA34404 42391-2524477 AT; U - V P.=,CMPT 213 • DISPLAY AT PLACE OF liv12511SES5 FOR YtCISPECTOI LOCATION:8244 KEY-ROYAL ORCLEIT536 , ,..:PAILURE:TODOSCIISZONTRARYTOIDGALIAWS. - - ZONED: :140kilE OCCUPATION : — 7 IS•11011,REFUl4DABLE • BUSINESS PHONE,601-0122 " - --:••• • ' Th" • *STATE 1.1C CCC1328301:. - - ' "'" -• 'FA REMOpEUNGAND,MPAIFINC • . ! • ' , 8244-KEY ROYAL:CAME tt36• " „ - ; , , • . ,-• , • •NAPLES•Ft.U119406 NUMBER OF EMPLOYEES: : ' 1-10.EMPLOYEES— - . cLAsslF3c111oN CODE 05101801 ••••••••• 04M0/2013 • - - • 7 ; :AIVOUPff 26 50 - -, RECEIPT- .•-5740A1 This donumeht.iS businieni tot onty.11itit is.noteerfificaherittiat licensies is qualified. - • • ' . . tt•does not Oennit thetnenseatomietate.any.-exislinglegUietply zoning laiesolthestate,.ccenty.a.dries• :•: : • Atoo.,j,,,-4 bC'r bee 't empt the1.1**efrotn'artY otbellaxeter.PennikStiatMay be ; • • :. • • -.-.COLUER COUNTY-,-BUSINESS..TAX _ . DIMNESS TALNUMBER09262 Pai-14E1tOtittri"Tifk,fx,talk. . 41ORSESHQE-13E9VE'.7.NArIXS:FP;470114.:3410147A2521,247. • f • " • : •"-• • •Valr.01.fiklififfsSITE-All 7:- 7- .• • • „ . . .. - , • •••• - •s."'' 'IXISPWATPIACEOPSUSINESSFORIVEIWINSPECTION, • tOCATEtt.112fAKElatOY41.4NRM06 _ - 4-wrEALURE1:0008C4401111RARYTO LOCAL-TAWS. • ' • ZONED:' .140MEPPPOPA1iON!"• '- " ta‘L Furulgt% - • • n. • I J., , -• • • I ,. -NERNQP.pFaiNi‘i*NORpr: /.14R:74.406.t7.2.: tgOitt Y.-RQTAL-00.1.336 :E.#4fAiti:1410011.: . "•:' • :!•--• :0 .••••. .•;, . •• . • , , _ . • ;RT._4*11,tc.' '")"-• •••.• •-• . L., . ' • „:.-- : - • •,:. DATE O* 12O12 62106101.- • - •.: 26' TniedocinnentiS abusmes tax on This is not.i:etfificuaine that inensee Is gasified. _ - I •• •• • • :-! • . .11dees.ncit nan**s.,fiZ4nseeTiiiVaiatieereidattni):110eiatiny.esnfiia*as el*estate,ccienbi.4(00it: .• •-•••nik•doesIeiiiinet-iliOnatiee;:.tpiit**se taxes or permits that may be teqUired by law ,•=f-e; "-- 1 • • • 7_761 _ • . • Packet Page-1316- 9/10/2013 16.D.18. Co/'Per Cry AcirriristediveSenicesDivisial t COLLIER COUNTY SOLICITATIONS SUBSTITUTE W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal, 1. General Information (provide all information) Taxpayer Name ( {)C,VIA- 3r C (as shown on income tax return) U j , Business Name (if different from tax tetr erne Address 92544 l:� Ctif`�63�j City e State t t ZiptiR Telephort i bC51' '(72- FAX Z-t`-63C63q Email Herief Order information j Remit f Payment Information Address Address City State Zip City State Zip FAX FAX Email Email • 2. Company Status (check only one) _Individual/Sole Proprietor Corporation _Partnership _Tax Exempt(Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC ,J� 501 (c)3) "'" Enter the tax classification =Disregarded Entity, C=Corporation,P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) � "" t2S(45-s,(`i' (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification:U •er pen /ties of•erjury, I certify that the information shown on this form is correct to my knowledge. Signature X51 Date z, D�� Title � � Phone Number _cgai(OCAvl 23 Construction Services Agreement:Revised 01/01/2013 Packet Page-1317- 9/10/2013 16.D.18. THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Local Vendor Preference Affidavit completed. 7. Immigration Affidavit completed and the company's E-Verify profile page or memorandum of understanding 8. Certificate of Authority to Conduct Business in State of Florida and the County's Substitute W9 9. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been included. 10. Any addenda have been signed and included. 11.The mailing envelope has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 12.The mailing envelope must be sealed and marked with: ..Bid Number: 13-6125R ..Project Name: NCRP Water Tower Slide Painting and Renovation . .Opening Date: August 20, 2013 a)2:36 PM 13.The Bid will be mailed or delivered in time to be received no later than the specified opening date and time, otherwise Bid cannot be considered. ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET I-0 4t cm eR(g C Bidder - -,e S' ature&Title t, Date: �t t� b3■ 29 Construction Services Agreement:Revised 01/01/2013 Packet Page-1318- 9/10/2013 16.D.18. EXHIBIT A 1: PUBLIC PAYMENT BOND 13-6125R NCRP Water Slide Tower Painting and Renovation Bond No. Contract No. 13-6125R KNOW ALL MEN BY THESE PRESENTS: That and , as Principal, as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 37 Construction Services Agreement:Revised 01/01/2013 Packet Page-1319- 9/10/2013 16.D.18. CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with FA Remodeling and Repairs, Inc. ("Contractor") 8244 Key Royal Circle, Unit 636, Naples, FL 34119, a Florida corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with North Collier Regional Park, Bid No. 13-6125R ("Project"), as said Work is set forth in the Plans and Specifications prepared by White Water Industries, Inc., the Design Engineer and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: One Hundred Forty Three Thousand Seven Hundred Sixty Dollars and No Cents ($143,760.00). Bid includes: Item A, C and E, Item G is Allowance and Alternate Items: B1, D1 and D2. 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 29 Construction Services Agreement Revised 01/01/2013 Packet Page-1320- `../ 9/10/2013 16.D.18. acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within ninety one (91) 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 such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Five thousand dollars ($5,000.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach 30 Construction Services Agreement Revised 01/01/2013 • Packet Page-1321- 9/10/2013 16.D.18. 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. 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. 31 Construction Services Agreement:Revised 01/01/2013 G Packet Page-1322- 9/10/2013 16.D.18. 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 As-Builts by Whitewater West Industries Ltd. as shown on Plan Sheets 1 through 46 and . Exhibit N: Contractor's List of Key Personnel ITB #13-6125R NCRP Water Slide Tower Painting and Renovation 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: Vicky Ahmad, Project Manager Administrative Services, Facilities Management Division 3335 Tamiami Trail East, Naples, FL 34112 (239) 252-4047 (Tel) (239) 252-3973 (Fax) 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: 32 Construction Services Agreement Revised 01101/2013 s Packet Page-1323- 9/10/2013 16.D.18. FA Remodeling and Repairs, Inc. 8244 Key Royal Circle, Unit 636, Naples, FL 34119 (239) 601-0122 Telephone; (239) 334-8089 Fax Carla Alvear, Vice President C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. 33 Construction Services Agreement Revised 01/01/2013 Packet Page-1324- 9/10/2013 16.D.18. 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. **** Construction Services Agreement Revised 01101!2013 3a G Packet Page-1325- 9/10/2013 16.D.18. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: FA Remodeling and Repairs, Inc. By: FIRST WITNESS Print Name and Title Print Name SECOND WITNESS Print Name Date: OWNER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Dwight E. Brock, Clerk BY: BY: Georgia A. Hiller, ESQ. Chairwoman roved as to Form and Legality: C� ssistant County Attorney ( I ee1n M &eene_ Print Name 35 Construction Services Agreement:Revised 01/01/2013 Packet Page-1326- 9/10/2013 16.D.18. Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 38 Construction Services Agreement:Revised 01/01/2013 • Packet Page-1327- 9/10/2013 16.D.18. OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) • Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 39 Construction Services Agreement:Revised 01/012013 Packet Page-1328- 9/10/2013 16.D.18. EXHIBIT A 2: PUBLIC PERFORMANCE BOND 13-6125R NCRP Water Slide Tower Painting and Renovation Bond No. Contract No. 13-6125R KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to , as Obligee in the sum of ($ ) 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 , 20 , with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 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. 40 Construction Services Agreement:Revised 01/01/2013 Packet Page-1329- 9/10/2013 16.D.18. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , 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: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 41 Construction Services Agreement Revised 01/01/2013 Packet Page-1330- 9/10/2013 16.D.18. ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of , a Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not)take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 42 Construction Services Agreement:Revised 01/01/2013 Packet Page -1331- 9/10/2013 16.D.18. EXHIBIT B: INSURANCE REQUIREMENTS.. The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage{ shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(11 and charge the Vendor for such covera9e) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this 43 Construction Services Agreement:Revised 01/01/2013 Packet Page-1332- 9/10/2013 16.D.18. Agreement or any other agreement between the County and Vendor. The County shall be under no obligation ollok to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. Amok 44 Construction Services Agreement:Revised 01/01/2013 Packet Page-1333- 9/10/2013 16.D.18. Collier County Florida Insurance and Bonding Requirements i ': ttaiW Wi �A t45 »5 �.;✓kikf�nflk, . Sf i 'Chapter.a e B ty nnF rr .sr. wA 1. Workers Statutory Limits of Florida Statutes, 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1.000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $2,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability, 4. ® Indemnification To the maximum extent permitted by Florida law,the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and':costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendorlConsultant 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. 5. X Automobile Liability $ 1,000,006 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired;Automobile Included 6. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability S Per Occurrence 45 Construction Services Agreement:Revised 01/01/2013 Packet Page-1334- 9/10/2013 16.D.18. 0 Valuable Papers Insurance $ Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100%of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as"ADDITIONAL INSURED" on the insurance Certificate for Commerci, General Liability where required. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. 0 Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm a - CITIO Livia- e Date DP I r 19!' rLD Vendor Signature Print Name e c i ,'/ Insurance Agency 6\)) Cef,i4-1-6ViaNA(C Agent Name are,9) DOG Telephone Number t °3 -S LCD Auk 48 Construction Services Agreement:Revised 01/01/2013 Packet Page-1335- 9/10/2013 16.D.18. EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners(the OWNER) or Purchase Order No. Collier County Water-Sewer District(the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractors Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _% after [insert date] $ = Less Retainage $ Total Earned Less Retainage $ Less previous payment(s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1)all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2)title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3)all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR:, (Contractor's Name) (Signature) DATE: (Type Name&Title) (shall be signed by a duly authorized representative of CONTRACTOR). Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's.Name) (Signature) DATE: (Type Name&Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager. (Signature) DATE: (Type Name and Title) 48 Construction Services Agreement:Revised 01/01/2013 Packet Page-1336- 9/10/2013 16.D.18. § § - - - - - - - - �- - - - - � . $K � = § . LT) ,_ 1- �c2 $ re 1■ 2 a ¥ £ k2 c .• Z1 E� 5 U1 1 ,e 4.; E su ° O . e § u. ©- \� f — § � § ] me $ . ■ ,. c ZZ ` 2- \ la I g � � 2 c rn � � ;� 0 . \ , \,§I §k , W W . 0 - /§I / � O I- +k I- § v)0 fE u ® , a ) oV) 3 - � § \$ / < a8 ■ . \ 2 . , = o Atok a 2E % k f t � �- ,q � ' 7 ) d� & ■ I T . Li- Q. 2k {c o ■ ° 0 V. E k § �f !� , o , • § UJ 0 = 0 < � \ oc CO \ / fP . . et 0# , � 2 &$ 03 ' I > �t 0 f7ai \% V ■ I ; @ -0• ¢ § § C P 22 = E_ ° O 0 « 0 , a oc § . 7 f © a \ 2 Ask \\ E 0 = 2E ■ 01 ` , — _ _ 6 .c X - ' . x/0 � a Z Packet Pag-1337 x 4..$ 9/10/2013 16.D.18. O N O 0 O H a V W C Ta m I rn .a W O p p w a U e . m o < H m 0 • U > o o _ � a o > I m 'a) a m d to ?�-p m > > o Q C 'm a> m m d 0 � � d _ n o E cz m co G � Q a c o d U_ C x W m ea Packet Page-1338- 9/10/2013 16.D.18. EXHIBIT E: CHANGE ORDER TO: FROM: Collier County Government Project Name: Construction Agreement Dated: Bid No. : 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 Agook arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Date: Director (For use by Owner: Fund Cost Center: Object Code: Project Number: ) Atook 51 Construction Services Agreement:Revised 01/01/2013 Packet Page-1339- 9/10/2013 16.D.18. Packet Page 4340- 9/10/2013 16.D.18. EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJ ECT: CONTRACTOR Contract For Contract Date • This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: wok To OWNER And To Substantial Completion is the state in the progress of the Work when the Work'(or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 53 Construction Services Agreement:Revised 01/01/2013 Packet Page-1341- 9/10/2013 16.D.18. RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By: Type Name and Title 54 Construction Services Agreement:Revised 01/01/2013 Packet Page -1342- 9/10/2013 16.D.18. EXHIBIT G: FINAL PAYMENT CHECKLIST Agok Bid No.: Project No.: Date: , 20 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted(list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: Amok 10. Consent of Surety received on 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: (Finn Name) (Signature) (Typed Name&Title) By Owner: (Department Name) (Signature) (Name &Title) 55 Construction Services Agreement Revised 01/01/2013 Packet Page-1343- 9/10/2013 16.D.18. EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. • 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; 56 Construction Services Agreement:Revised 01/01/2013 Packet Page -1344- 9/10/2013 16.D.18. 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. 57 Construction Services Agreement:Revised 01!0112013 Packet Page-1345- 9/10/2013 16.D.18. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 58 Construction Services Agreement Revised 01/01/2013 Packet Page-1346- 9/10/2013 16.D.18. 4.3 Contractor shall submit all Applications for Payment to Vicky Ahmad, Project Manager, Collier County Government, Facilities Management, located at 3335 Tamiami Trail East, Naples, FL 34112. 4.4 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to 59 Construction Services Agreement:Revised 01/0112013 Packet Page -1347- 9/10/2013 16.D.18. fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the p expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "(aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 5. PAYMENTS WITHHELD. 60 Construction Services Agreement:Revised 01/01/2013 Packet Page-1348- 9/10/2013 16.D.18. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. mak 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise 61 Construction Services Agreement:Revised 01/0112D13 Packet Page-1349- 9/10/2013 16.D.18. relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice 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. 62 Construction Services Agreement:Revised 01/01/2013 Packet Page-1350- 9/10/2013 16.D.18. 7.4 If a specific means, method, technique, sequence or procedure of construction is AN indicated in or required by the Contract Documents, Contractor may furnish or utilize a means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, 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; 63 Construction Services Agreement:Revised 01/01/2013 Packet Page-1351- 9/10/2013 16.D.18. 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 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 64 Construction Services Agreement:Revised 01/01/2013 Packet Page -1352- 9/10/2013 16.D.18. the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 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 Amok 65 Construction Services Agreement:Revised 01/01/2013 Packet Page-1353- 9/10/2013 16.D.18. 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 sub- subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of 66 Construction Services Agreement:Revised 01/01/2013 Packet Page-1354- 9/10/2013 16.D.18. 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. 67 Construction Services Agreement: Revised 01/01/2013 Packet Page -1355- 9/10/2013 16.D.18. 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, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified 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 68 Construction Services Agreement:Revised 01/01/2013 Packet Page-1356- 9/10/2013 16.D.18. Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's / vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http://www.dhs.qov/E-Verify. It shall be the 69 Construction Services Agreement Revised 01/01/2013 Packet Page -1357- 9/10/2013 16.D.18. vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 70 Construction Services Agreement:Revised 01/01/2013 Packet Page-1358- 9/10/2013 16.D.18. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the 71 Construction Services Agreement:Revised 01!01/2013 Packet Page-1359- 9/10/2013 16.D.18. Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to futfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 72 Construction Services Agreement Revised 01/01/2013 Packet Page-1360- 9/10/2013 16.D.18. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving AOOk Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Ass Ow 73 Construction Services Agreement:Revised 01/01/2013 Packet Page -1361- 9/10/2013 16.D.18. 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 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 74 Construction Services Agreement:Revised 01/01/2013 Packet Page-1362- 9/10/2013 16.D.18. responsibility therefore, pay all costs in connection therewith and furnish Project Amok Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. Aleet 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 75 Construction Services Agreement:Revised 01/0112013 Packet Page-1363- 9/10/2013 16.D.18. necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to.Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change 76 Construction Services Agreement:Revised 01/0112013 Packet Page-1364- 9/10/2013 16.D.18. Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit 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. 77 Construction Services Agreement:Revised 01/01/2013 Packet Page-1365- 9/10/2013 16.D.18. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary 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; 78 Construction Services Agreement:Revised 01/0112013 Packet Page -1366- 9/10/2013 16.D.18. 28.1.2 All the Work and materials and equipment to be incorporated therein, Amok whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 79 Construction Services Agreement:Revised 01/01/2013 Packet Page -1367- 9/10/2013 16.D.18. 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. 80 Construction Services Agreement:Revised 01/01/2013 Packet Page-1368- 9/10/2013 16.D.18. 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. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Ask Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, 81 Construction Services Agreement:Revised 01/01/2013 Packet Page-1369- 9/10/2013 16.D.18. 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 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 82 Construction Services Agreement:Revised 01/01/2013 Packet Page-1370- 9/10/2013 16.D.18. from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Avsk Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 83 Construction Services Agreement Revised 01/01/2013 Packet Page 4371- 9/10/2013 16.D.18. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 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 84 Construction Services Agreement:Revised 01/01/2013 Packet Page-1372- 9/10/2013 16.D.18. 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. If required, Vendor/ Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37.VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be 85 Construction Services Agreement:Revised 01/01/2013 Packet Page-1373- 9/10/2013 16.D.18. limited to: design, construction, and construction, engineering and inspection (CE1) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. An underground 62-761, Florida Administrative Code (F.A.C.) or aboveground 62-762, F.A.C. regulated tank requires notification to the 'County' prior to installation or closure of the tank. The Pollution Control Department (239-252-2502), via contract GC-690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the 'county'local program thirty (30) days prior to installation and again forty-eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty-eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation/closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor/project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62-761, F.A.C. and 62-762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator 86 Construction Services Agreement:Revised 01/01/2013 Packet Page-1374- 9/10/2013 16.D.18. certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Alow 87 Construction Services Agreement:Revised 01101/2013 Packet Page -1375- 9/10/2013 16.D.18. NORTH COLLIER REGIONAL PARK—WATER SLIDE TOWER PAINTING & RENOVATION SCOPE OF WORK The scope of work includes the furnishing of all labor, tools, equipments, materials and supplies necessary to clean, prepare all steel surfaces by power tool or hand tool method, coating all prepared steel surfaces, waterproofing non-skid coating on concrete pan type access stairs, landings & platform, protecting all areas, replacing stair handrails with aluminum, and replacing some pipes/fixtures of the water slides. 1) General Conditions: a. Schedule of Work- The contractor shall provide a preliminary, outline of the Schedule of Work in his proposal and a detailed, Schedule of Work prior to the NTP. 1* Prior to performing any work the contractor should make note of any conditions and report it in writing. Contractor is responsible for any damage cause to the adjacent pool structures during work. c. Supervision—assign one full time superintendent to be on site every work day to closely coordinate and supervise the work. d. Safety Signs: Provide temporary, directional signs for construction personnel, Park staff and visitors. 2) Site Preparation: a. If necessary, contractor shall provide his own means of access across the Lazy River to get to the work area. The river is approximately 12' — 15' wide. b. Coordinate the location and access to a staging area with park staff. Provide a security fence and construction signs at the staging area. c. Supply all scaffolds, man-lifts, and any other materials required for work. Protect all non-metallic surfaces, slides, PVC pipes, etc. Provide floor covers and other protection required to properly protect other adjacent surface areas. Any damaged cause is the responsibility of the contractor. d. Set up some dust containment for health and environmental protection. Dust controls must be in use and effective at all times during work hours. e. Provide a dumpster and disposal services for all waste material and debris. I Packet Page -1376- '16.. 9/10/2013 16.D.18. 3) Selective Demolition: a) Remove and dispose all existing handrail materials including: wood rails, wood balusters, metal handrails, brackets, steel handrail posts, etc. on the water slide access tower. Do not remove metal handrail posts. b) Install new aluminum handrail system components on existing painted steel posts using appropriate insulated fasteners before waterproofing the stairs (See item #5). c) Transport demolished materials off-site and legally dispose of them. 4) Coating Steel Access Tower and Water Slide Supports: See the attached #4 - Specifications and requirements for Coating Steel Access Tower and Water Slide Supports. 5) Install New Handrails: Supply and install new handrails: Commercial Grade Picket Type Aluminum Rails by Fab WorX Ornamental Aluminum or approved equal. The new railing shall meet all code and ADA requirements. The new rail shall have top and bottom rails with picket to picket spaced at 4" o.c. max. The new rail shall be mill finish 6063 T-52 all aluminum fully welded with grab rail and grab rail brackets bolted to existing posts with all stainless hardware for attachment. Submit drawings, description, and installation procedures for approval prior to fabrication. Remove and replace some nuts and washers (approx 20 total) on the galvanized handrail posts (right side of stair only before the 2"platform). Remove and replace a total of five (5) galvanized posts including the 2 posts at top deck that are severely corroded. 6) Miscellaneous Repairs - Water Slide Piping/Fixtures: a) Remove existing and replace Rubber Flex Connector Sleeves with Stainless Steel clamps on all 5 water slides #A, #B, #C, #D, #E— 8 total b) Salvage and re-use metal clamp on Slide E, but install new cylindrical non-split rubber lining per manufacturing detail (Fernco or approved equal). c) Remove and replace all support brackets on water supply pipes—6 total d) All new materials shall be stainless steel and match existing in type and function. e) Prior to painting, drill drain holes to the open horizontal tubes at two (2) Afew locations and/or install aluminum or rubber rain shield to keep water out . 2 Packet Page-1377- 9/10/2013 16.D.18. f) At the top deck of water slide — install 3/16" aluminum plates where required for mounting red/green slide signal lights or any other electronic devices. g) Replace all hex nuts and washers at the base plates of four(4) columns of the water tower(approx 8 bolts per column). 7) Waterproof,Non-skid Coating on Painted, Concrete Pan Type Access Stairs, Landings & Platform: a) See the attached#7 - specifications and requirements by Ultra TUFF and Ultra TUFF Marine for Waterproof Non-skid Coating on Concrete Pan Type Access Stairs, Landings &Platform. 8) Schedule— Facility Availabilty Schedule: a) The only times the facility will be available for the performance of work on this contract will be in two phases as follows: b) Phase 1- September 30, 2013; thru December 20, 2013 (81 days) c) Phase II - January 6, 2014 thru February 15, 2014 (40 days) d) The Water Slide and Water Park will be Open and in Full Operation on Christmas Holiday , during which NO WORK will be allowed for 15 days. e) Christmas Holiday: December 21, 2013 thru January 5, 2014 f) During this operational period, the Contractor shall restore the work area to the owner in a safe and fully operational condition. 9) Site Restoration and Clean Up: a) Remove all protection materials, tarps, and covers on non-metallic surfaces, temporary fence, scaffolds and all other contractor equipment. b) Repair, patch any holes,touch up paint and restore any removed or damaged fixtures, equipments, landscape, etc. c) Remove all debris and leave site clean and ready for full operation 10) Warranties: a) Contractor shall warrant all materials and workmanship for a period of one (1) year from the date of final acceptance. b) In addition, the contractor shall provide fully authorized, manufacturer's warranties for all coating systems and non-skid waterproofing systems and materials. 11) Completion Date: Substantial Completion: (At LEAST thirty (30) days prior to Final Completion and the end of the Facility Availability time period): 3 Packet Page-1378- 9/10/2013 16.D.18. a) Prepare punch list of items to be completed and corrected. Owner will submit his punch list for incorporation into a single punch list. b) Submit warranties, and all other closeout documentation. c) Deliver any special tools, spare parts, extra materials and other items to the Owner. Final Completion: Submit a written request for final completion inspection for final acceptance. NOTE: All new materials to be replaced or installed should be stainless steel or hot dip galvanized unless noted. BID ALTERNATES: Alternate B2 Preparation & Coating of the Steel Slide Supports not part of the main STAIR TOWER Alternate B3 Preparation & Coating of the Steel Structure above the bird screen on the main STAIR TOWER inside the cylindrical fake water tank. Alternate D2 —Replace Pump House Roofing and Minor Repairs a) Complete roof tear down including any fascia that is rusted or rotted. b) Install standing seam, Kynar coated, aluminum roof, ridge caps and fascia to include a manufacturer's, no-dollar-limit warranty period of 20 years. c) Replace all rusted siding panels SE side of pump building (Pool Pump Bldg #2) with new corrugated siding to match existing. Coating to be Kynar 500. Alternate D3 - Replace Fence Around the Base of Access Tower Remove and replace approx 100' long, 8' high, 9 gauge galvanized chain link fence with 1 5/8"top rails & 3" end posts to match existing. 4 Packet Page-1379- 9/10/2013 16.D.18. EXHIBIT I: SCOPE OF WORK Supporting documents found at: http://bid.colliergov.net/bid/ and titled: Scope of Work, #4 Specifications — Painting Waterslide Tower and #7 Waterproof Specifications 88 Construction Services Agreement:Revised 01/01/2013 Packet Page-1380- 9/10/2013 16.D.18. ITEM #4 - SPECIFICATIONS AND REQUIREMENTS FOR SURFACE PREPARATION AND COATING OF STEEL ACCESS TOWER AND WATER SLIDE SUPPORTS Revised 7/26/2013 SCOPE OF WORK: The work includes the furnishing of all labor,tools, equipments, materials and supplies necessary to clean, prepare all steel surfaces by power tool and hand tool cleaning, coating all prepared steel surfaces with a four(4) coat paint system, and protecting all areas and items surrounding the water slide access tower and slides, as well as the non-metallic and non- steel components of the slides themselves. SPECIFICATIONS: All painting work shall be performed strictly in accordance with the standards listed by the Structural Steel Painting Council (SSPC). The paint products and specifications to be used should be from one of the two, approved and specified manufacturers coating systems below; either: Tnemec or International Paint, LLC. Surface Preparation for Steel Surfaces: 1. All surfaces: Remove all grease, oil, dirt,dust and other soluble contaminants in accordance with SSPC-SP1 Solvent Cleaning. Follow by a potable water rinse to remove residuals. 2. SPOT clean all exposed bare metal and rusted surfaces to remove all loose rust and scale in accordance with SSPC-SP11 Power Tool Cleaning to Bare Metal Method,taking special care to feather out the edges of the existing, sound coatings. All other surfaces shall be prepared in accordance with SSPC SP2 Hand Tool Cleaning Method using medium grit sand paper. In addition to SP2, scuff sand existing painted surfaces to remove any sheen. 3. When a specific area has been prepared to the above specifications, and prior to any paint application,the Owner or Paint Manufacturer's Inspector shall promptly inspect the presented area and either grant approval, partial area approval or reject the entire areas preparation. The Inspector shall be given a minimum of one(1) hour advance notice before the inspection time and shall be afforded thirty(30) minutes to perform the inspection . All inspected and approved cleaned surfaces must be prime-coated within the same working day. All surfaces to be painted must be clean and dry prior to the application of coatings. Ask 7 Packet Page-1381- 9/10/2013 16.D.18. Coating System by TNEMEC: • Prime Coat: To all inspected and approved, bare metal cleaned steel surfaces-apply a coat of TNEMEC Series#1-1216;Tnemec Zinc at the rate of 3.0 mils DFT. • Intermediate Coat:To all inspected and approved, Primed & Hand Tool cleaned steel surfaces-apply a coat of Tnemec Series#1-1216 Greenish Gray Omnithane at the rate of 3.0 mils DFT. • Stripe Coat:To all previously intermediate coat surfaces-apply by brush a separate Stripe Coat of Tnemec Series#104 H.S. Epoxy(Finish Color) at the rate of 4.0 to 6.0 mils DFT to all exterior edges, corners, ends or other sharp surfaces. • Finish Coat: Apply to all surfaces an overall coat of Tnemec Series#104 H.S. Epoxy Medium Gray at the_rate of 6.0 to 8.0 mils DFT. Coating System by INTERNATIONAL PAINT, LLC: • Primer Coat: To all inspected and approved, Bare metal cleaned steel surfaces—apply a prime coat of Interzinc 52 at the rate of 2.0- 3.0 mils DFT. • Intermediate Coat: To all inspected and approved, Prime& Brush Blast cleaned steel surfaces-apply one (1)coat of Interplus 356 at 3.0-5.0 mils . • Stripe Coat: To all previously Intermediate Coat surfaces- apply by brush a separate coat of Interplus 356 at 3.0-5.0 mils DFT. • Finish coat: Apply to all surfaces a coat of Interplus 356 at 3.0-5.0 mils. Surface Preparation and Coating for Concrete Pan type Access Stairs 1. Surface preparation for all components of the Access Stairways and Platforms shall be identical to that for the structural components specified above. 2. Coating systems and application for all components of the Access Stairways and Platforms shall be identical to that for the structural components specified above EXCEPT the surface of the concrete shall not be coated. 3. Particular attention shall be directed to the steel surfaces immediately adjacent to the concrete stair treads,their pans, and to the edge steel surrounding the concrete platforms. GENERAL REQUIREMENTS: 1. Contractor must have a minimum ten (10)years experience in painting industrial structures and must provide five (5) projects of similar scope and size and if required should be able to provide references of other similar project completed. 2. All surface preparation and painting will be done with OSHA approved equipment. 3. All surface preparation and the subsequent painting shall be performed in such a manner to prevent any damage to, or overspray on,the adjacent structures,fixtures,or equipment. 4. All spray painting to be performed using"airless" equipment. 8 Packet Page-1382- 9/10/2013 16.D.18. 5. Cover and protect finished work and surfaces not to be painted. AWIW 6. Mix and prepare painting materials in accordance with manufacturer's directions. 7. All painters shall frequently check wet film thickness with a wet film gauge. 8. Painters shall check each applied coating with a calibrated dry film thickness gauge. 9. Remove hardware, hardware accessories, plates, lighting fixtures, and similar items in- place and not to be painted, or provide surface applied protection. Reinstall removed items when final coat is thoroughly dry. 10. No coatings shall be applied during a rainfall, or when rainfall is imminent, and unless the air temperature is at least 50 degree F and rising. In addition painting shall not take place when the relative humidity is 86%or higher, or when the temperature of the steel being coated should be at least 37.4 degrees F above the Dew Point. 11. Paint products shall be delivered to site in unopened containers with manufacturers labels. 12. Protect adjacent finishes and materials, prepare surfaces,and apply materials in strict accordance with manufacturer's recommendations and instructions. Verify material compatibility with substrates. Do not apply paint to wet or damp materials. All coats shall be thoroughly dry before applying succeeding coats. All paint finishes must be evenly spread,free of runs, sags, or other defects. 13. All succeeding coats of paint shall be applied within the Manufacturer's allowable "overcoat time". If circumstances occur that prevents the succeeding coat from being applied within the Manufacturer's allowable "overcoat time",the contractor shall apply an extra "Tack Coat"of the previous coating material, and allow for the specified drying/curing time before proceeding with the next specified,succeeding coat within the allowed overcoat time period. 14. Equipments: All tools, brushes, rollers, spray guns, blast material, hand power tools for cleaning and all equipments, scaffolding materials, sand blasting equipments and air compressor etc. required to be used shall be suitable for the work and all in good order and be arranged by the contractor at site and in sufficient quantity. 15. All surfaces cleaned and prepared must be prime-coated within the same working day. CONTRACTOR SUBMITTALS: The Contractor shall submit the following: 1. Before commencing any surface cleaning or preparation or the application of the coating system,the Contractor shall submit details of: the system he intends to use to prevent damage and contamination of adjacent structures,equipment, and features of the park;the cleaning system;the surface preparation; and coating systems application to all areas. The detailed submission shall include a detailed description of proposed methods and procedures, sequence of operations, equipment, details of the proposed enclosure/containment system, collection and disposal of spent blasting abrasives, removed paint, and all other debris. 2. A written, Zero Dollar, no cost limit warranty from the supplier of the coating system Amok within fourteen (14) days of completion of coating operations stating that the product 9 Packet Page-1383- 9/10/2013 16.D.18. will perform satisfactorily for a minimum period of three (3)years from completion date. 3. The Contractor shall provide to the owner a Zero Dollar, no cost limit Labor and Material warranty in writing, stating that the coating system will perform satisfactorily for a period of one (1)year from the date of completion. The Contractor's warranty shall provide for the reapplication (Labor and Material) of the paint system at no cost to the Owner in the event that the coating system does not perform satisfactorily during the one (1)year warranty period. QUALITY MANAGEMENT: 1. The Contractor shall be responsible for quality control testing required to ensure that the work meets the requirements described in this Specification,including the required surface preparation. 2. The Contractor shall arrange for a representative of the coating system supplier/manufacturer to visit the site during coating operations so as to ensure that the surface preparation and coating system application is in accordance with the Manufacturer's recommendations, and acceptable for the coating system's Manufacturer to provide the three (3) year warranty. INSPECTION BY THE CONTRACTOR: 1. Prior to painting, all surfaces shall be visually inspected to ensure that the proper surface conditions exist. Surface is to be inspected for cleanliness, profile and to ensure that moisture, contaminants and surface imperfections are not present. 2. Nothing in these specifications shall relieve the Contractor from responsibility for the workmanship and quality of the preparation and coating systems. CLOSEOUT: At the end of the work, contractor shall provide five (5) unopened, labeled, one-gallon cans of paint of each type/color used. The contractor shall provide the properly signed, official copies of the warranties. ATTACHMENTS: Tnemec Paint Brochures International Paint, LLC Paint Brochures 10 Packet Page-1384- 9/10/2013 16.D.18. ITEM #7 -SPECIFICATIONS AND REQUIREMENTS FOR WATERPROOF NON-SKID COATING OF CONCRETE PAN TYPE ACCESS STAIRS, LANDINGS, AND PLATFORM SCOPE OF WORK The work includes all labor, materials and equipments necessary to clean and prime all concrete and steel surfaces of the Water Slide Tower access stairs, landings and platform using Ultra Tuff Water Base Epoxy Concrete Primer(Part#CP-10). All concrete and steel surfaces shall receive 3 coats of Ultra Tuff with non-skid finish. SPECIFICATIONS: All concrete and steel surface preparation for waterproofing shall be performed in accordance with the specifications and requirements of Ultra Tuff and Ultra Tuff Marine products. The paint products and specifications to be used shall be from Tuff Coat, Inc. or an approved equal. GENERAL REQUIREMENTS: 1. Initial surface preparation for steel surfaces shall be covered under Work Scope Item #4 —Coating Steel Access Tower and Water Slide Supports. All metal surfaces where Ultra Tuff is to be applied will already have been cleaned, primed and painted under Work Scope Item #4. Amok 2. For waterproofing painted surfaces, follow Ultra Tuff application instructions item #9 - Painted Surfaces. Inspect previously painted surface for any imperfections or delamination and test surface for adhesion of Part#CP-10—Ultra Tuff Water Based Epoxy Concrete Primer. Prior to priming with CP-10, aggressively roughen surface by sanding with 36 or 40 grit sand paper. The surface must be rough to proper adhesion; clean surface thoroughly leaving no residue. Then prime with CP-10. 3. When primer is touch dry, apply first coat of the product using a roller application. See item #1—Roller Application of the application instruction. When surface is dry apply a second coat. Surface must received three (3) coats including the primer. 4. Review all Application Instructions and General Tips provided by the manufacturer. Any failure in the application of products will be the responsibility of the installer. 5. Paint products shall be delivered to site in unopened containers with manufacturers labels. Protect adjacent finishes and materials, prepare surfaces, and apply materials in strict accordance with manufacturers recommendations and instructions. Verify material compatibility with substrates. Do not apply paint to wet or damp materials. All coats shall be thoroughly dry before applying succeeding coats. All paint finishes must be evenly spread,free of runs, sags, or other defects. 25 Packet Page -1385- 9/10/2013 16.D.18. CONTRACTOR SUBMITTALS: 1. The Contractor shall provide to the owner a guarantee in writing, stating that the coating system will perform satisfactorily for a period of one (1)year from the date of completion.The Contractor shall provide in the guarantee for the reapplication of the paint system at no cost to the Department in the event that the coating system does not perform satisfactorily. QUALITY MANAGEMENT: 1. The Contractor shall be responsible for quality control testing required to ensure the Work meets the requirements described in this Specification, including the required surface preparation. 2. The Contractor shall arrange for the coating system manufacturer to provide technical assistance prior to and during the coating system application operations. Any questions on the application process,the Contractor can contact Tuff Coat, Inc. (877) 252-9457 TOLL FREE or e-mail technical questions to: utwest @frontier.net INSPECTION: 1. Prior to painting, all surfaces shall be visually inspected by the Owner or Owner's rep to ensure that the proper surface conditions exist. Surface is to be inspected for cleanliness, profile and to ensure that moisture, contaminants and surface imperfections are not present. COLOR: Light Grey CLOSE OUT: Contractor shall provide five (5) unopened, labeled, one-gallon cans of paint of each type/color used. ATTACHM ENTS: Ultra TUFF and Ultra TUFF Marine Application Instructions and Brochure 25 Packet Page-1386- 9/10/2013 16.D.18. EXHIBIT J; REQUIRED GENERAL CONDITIONS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: Park Construction - Required General Conditions 89 Construction Services Agreement: Revised 01/01/2013 Packet Page -1387- 9/10/2013 16.D.18. PARK CONSTRUCTION, Required General Conditions: • Copy of plans must be reviewed and approved by Parks Department. • All permits that are applicable must be obtained and a copy given to Department prior to start of work. • Contractor must call"No Cuts"and verify all utilities prior to digging. • All utilities(water, sewer, electrical,telephone, sprinklers, etc.) shall be restored prior to job completion. All lines that were cut shall be repaired and finish. • All previous final grades and sod shall be restored to pre-construction condition. • No disruption of park activities or closure of park facilities shall be accepted. • All ditches shall be closed prior to end of each working day. • Any storage of construction equipment or materials on site must be pre-approved by Department. • A complete copy of record drawings must be submitted to Parks and Recreation Department within one month after completion of project. (When applicable) • Job site shall be kept clean at all times, free of refuse and debris. All debris to be removed daily. • Emergency phone number shall be submitted to the Department. • Fenced off during construction. 2 Packet Page -1388- 9/10/2013 16.D.18. EXHIBIT K: CERTIFICATION Supporting documents found at: http://bid.colliergov.netlbid/ and titled: Not applicable to this project 90 Construction Services Agreement:Revised 01/01/2013 Packet Page-1389- 9/10/2013 16.D.18. EXHIBIT L: STANDARD DETAILS Supporting documents found at: http://bid.colliergov.netibid/ and titled: Not applicable to this project 91 Construction Services Agreement:Revised 01/01/2013 Packet Page-1390- 9/10/2013 16.D.18. EXHIBIT M: PLANS AND SPECIFICATIONS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: 11800 North Naples Plans Amok• 92 Construction Services Agreement:Revised 01/01/2013 Packet Page-1391- 9/10/2013 1 6 .D. 1 8. iii Iii g w,=D- p Nit 1 1:1 ., 1, s 6g . t _ o wi i 1 p a N ._ e to • I- V/ J i 2 • C YN U UJ N ti 8 5,8 � Oh .>- 10 u,u, 10 e e a e e ' 1 Z N O h CA g ur) H Z N .J.. N NJ-. t n 91W W N N N r�1 • O i p d d d T a ss Y O ^ ZO W WN Wg N `8 nJ-. WWp{�,,11m c O O w W U CO >� Yi Y6~i K WSpp 1rT F r N N� N1- 04,1 1 0 Z1 (g�.N.I OY "1 Y 02 l/''�' l J UVl V7 � GOZ�/ le ZCWO x~ Wm O~ yJt {� i_p 11 t KZ r ti t0 .1 8O W OI- v,..., „,_ N 2. t W �Yw JZ �J L J dU dr p,J Z Op JK pZ dC O �yiK �C _K vON•Cl) 3 J Ca �� .Ur y� yG�O yC,� O� f� Ni `V� mS �Up n H gi <1wy 04.1.W[ �'e i Cl)1 `-' JW f5...Z3. l li O O O OW F: ~ Z~ _�� W Z t �O �O O �de.f UJ J J J ,jijjl- „ - ..F- t JF- y W N wr-� F O Ma L. 31. 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