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#18-7289 (Close Constuction, LLC) SINGLE-CONTRACTOR AWARD AGREEMENT #18-7289 for AQUATIC SLIDE RESTORATION THIS AGREEMENT, made and entered into on this 264" day of ure, 2018, by and between Close Construction, LLC , authorized to do business in the State of Florida, whose business address is 301 NW 4th Avenue, Okeechobee, FL 34972, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner): WITNESSETH: 1. Contract Time and Liquidated Damages — Golden Gate Project: 1.1. Time of Performance. The Contractor shall achieve Substantial Completion within twenty-five (25) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date contained in the Notice to Proceed. Contractor shall achieve Final Completion within five (5) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the County as complete and is so stated by the County as completed. As used herein and throughout the Contract Documents, the phrase "County's Contract Administrative Agent" refers to the County's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.2. Liquidated Damages in General. The County and Contractor recognize that, since time is of the essence for this Agreement, County 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 County'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, County shall be entitled to assess, as liquidated damages, but not as a penalty, Nine-Hundred and Fifty-Six and 00/100 ($956) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, County shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by County as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the County's Contract Administrative Agent 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 Page 1 of 24 #18-7289 Aquatic Slide Restoration Close Construction,LLC Or°', estimate of the County's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. 2. Contract Time and Liquidated Damages — Sun-N-Fun Project: 2.1. Time of Performance. The Contractor shall achieve Substantial Completion within fifty (50) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date contained in the Notice to Proceed. Contractor shall achieve Final Completion within ten (10) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the County as complete and is so stated by the County as completed. As used herein and throughout the Contract Documents, the phrase "County's Contract Administrative Agent" refers to the County's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 2.2. Liquidated Damages in General. The County and Contractor recognize that, since time is of the essence for this Agreement, County 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 County'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, County shall be entitled to assess, as liquidated damages, but not as a penalty, Nine-Hundred and Sixty-Four and 00/100 ($964) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, County shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by County as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the County's Contract Administrative Agent 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 County's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. 3. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Notice to Proceed. 4. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Invitation to Bid (ITB) # 18-7289, including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 2 of 24 #18-7289 Aquatic Slide Restoration Close Construction,LLC nV(1 4.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 5. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 5.1 Price Methodology. Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. 5.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 5.3 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 the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 6. SALES TAX. 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. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 7. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Close Construction, LLC Address: 301 NW 4th Avenue Okeechobee, Florida 34972 Authorized Agent: Thomas C. Close, President Attention Name & Title: Telephone: 863-467-0831 E-Mail(s): Danny(a7closeconstruction.us Page 3 of 24 #18-7289 Aquatic Slide Restoration Close Construction,LLC (606 All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Barry Williams Division Name: Parks and Recreation Address: 15000 Livingston Road Naples, Florida 34109 Administrative Agent/PM: Matt Catoe, Operations Analyst Telephone: 239-252-4059 E-Mail(s): Matthew.Catoecolliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 8. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 9. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 10. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. Page 4 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC 11. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 12. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 13. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Page 5 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC - Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 14. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, 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 intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor 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. 14.1 The duty to defend under this Article 14 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County 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 14 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 15. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks and Recreation Division. 16. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 17. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A Scope of Services, Exhibit B Fee Schedule, ITB #18-7289, including Exhibits, Attachments and Addenda/Addendum, Exhibit C - Release and Affidavit Form, Exhibit D — Form of Contract Application for Payment, Exhibit E - Change Order, Exhibit F - Certificate of Substantial Completion, Exhibit G -Certificate of Final Completion, Exhibit H - Warranty. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to Page 6 of 24 #18-7289 Aquatic Slide Restoration Close Construction,LLC any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1 . Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for Page 7 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. 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. 21 . OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may request to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit"C" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "D." 23. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner 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 failed or reasonable evidence indicating probable fling 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. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 24. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 25. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work Page 8 of 24 #18-7289 Aquatic Slide Restoration Close Construction,LLC OVa being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. 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. C. 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 his 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. 26. CHANGES IN THE WORK. 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 modifications to this Agreement shall be in compliance with the County's Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "E" to this Agreement, shall be issued and executed promptly after an Agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 27. CLEAN UP. 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. Page 9 of 24 #18-7289 Aquatic Slide Restoration Close Construction,LLC 28. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 29. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County 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 County. 30. PROTECTION OF WORK. A. 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 anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. 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. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 31. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after 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 Owner 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. Page 10 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC 32. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit F, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist 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 portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit G, recommending that on the basis of Owner's 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. Final payment shall not become due and payable until Contractor submits: A. The Release and Affidavit in the form attached as Exhibit "C." B. Consent of Surety (if applicable) to final payment. C. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. D. The warranty in the form attached as Exhibit "H". Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 33. WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and Page 11 of 24 #18-7289 Aquatic Slide Restoration Close Construction,LLC 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 final 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 the County. 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. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 34. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 35. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 36. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County'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. 37. 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. 38. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 39. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. Page 12 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC 0 40. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County'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 the County. 41. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. 42. SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 24 #18-7289 Aquatic Slide Restoration Close Construction,LLC IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF C0 4 TY COMMIS 'NERS CRYSTAL K.KINZJ L, ; `,, i COLLIER C'• NT , FLORI D INTERIM CLERK '.R. • iCie'- :I By: (li_ ..t-4.,' By: i -. C t A'dy Solis, Esq., Chairman Dated: 1-0 (SEAL)Attest as t0 Chairman's Contractor's "vvitnes11: Close Construction, LLC Contractor \-5.4“ ,t% aC �C.)Z.C.. - -- By: ►._ Contractors First Witness Signature Signature Thomas C. Close, President/Managing Member Sheryl L. Wells, Treasurer TType/print signature and titleT TType/print witness namet ourivncL Contractor's Second Witness Signature Tamara Collins TType/print witness nameT As met, . s to rm -nd L ality: lad 1,, • , Cou ty Attorney _ 4 1� La Print ame Page 14 of 24 .._. #18-7289 Aquatic Slide Restoration Close Construction,LLC ,.tw Exhibit A Scope of Services [following this page (pages 1 through 39)] EXHIBIT A-1 North Collier Regional Park Sun-n-Fun Repaint Water Slide (10 pages) EXHIBIT A-2 Golden Gate Aquatic Center Gel Coat Interior and Repaint Exterior Water Slide Flumes (29 pages) The County will issue a Notice to Proceed for each project. Page 15 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC 0 EXHIBIT A-1- NORTH COLLIER REGIONAL PARK SUN-N-FUN REPAINT WATER SLIDE FLUMES REPAINT WATER SLIDE FLUMES SCOPE OF WORK: Furnish all material, labor,tools and equipment to repaint entire exterior of five slide flumes. SPECIFICATIONS: The performance of this work shall comply with the following governing and regulatory authorities: Department of Labor, State Department of Public Health, all State and Local Building Codes and other agency that has legal jurisdiction. PAINT PRODUCT: PSX 700 by PPG Industries or approved equal. Specification for PSX 700 is attached. Follow all applications in accordance with the manufacturer's specifications and requirements. REQUIREMENTS: Surface Preparation for Painting: All surface preparation and subsequent painting shall be performed in such a manner to prevent any damage to,or overspray on,the adjacent structures,fixtures, or equipment. 1. Prepare surface per the paint manufacturer's instruction. 2. Pressure wash surface to remove dirt,wax, etc. 3. Replace any missing or corroded hardware. 4. Sand surface to remove oils and other contaminants. 5. Wipe all surfaces with de-waxing/de-greasing agent. 6. All surfaces to be primed or painted must be clean and dry prior to the application of coatings. 7. Prime coat bare areas as needed. Paint entire exterior surface of flume. PAINT APPLICATION: 1. Apply one coat of primer, approximately 7-10 mills thick as recommended by the paint manufacturer. 2. Apply top coat with as many coats as necessary approximately 7-10 mills thickness minimum per coat to provide a uniform appearance and to cover the pre-existing color completely. 3. The contractor is responsible for protecting freshly painted surface from debris and protecting adjacent existing structures from overspray or damage. 4. Finish work must strictly follow industry standards, references, and recommendations. GENERAL REQUIREMENTS: e 1. Contractor must have a minimum three (3)years' experience in painting industrial structures and must provide two(2) reference projects of similar scope and size, and if required, should be able to provide references of another similar project completed. 2. All painting will be done with OSHA approved equipment. 3. All spray painting shall be performed in "Full Containment"to prevent any damage to, or overspray on,the adjacent structures,fixtures, or equipment. 4. Cover and protect finished work and surfaces not to be painted. 5. Mix and prepare painting materials in accordance with manufacturer's directions, in an area protected from contamination by spills. 6. All painters shall frequently check wet film thickness with a wet film gauge. 7. Before applying subsequent coats, check each applied coating with a calibrated dry film thickness gauge. 8. Remove hardware, hardware accessories, plates, lighting fixtures, and similar items that are not to be painted, or provide surface applied protection. Reinstall removed items when final coat is thoroughly dry. 9. No coatings shall be applied during a rainfall, or when rainfall is imminent, and unless the air temperature is at least 50 degrees 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 to be coated is less than 5 degrees F above the Dew Point. 10. 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 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. 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. 11. Equipment:All tools, brushes, rollers,spray guns, blast material, hand power tools for cleaning and all equipment, scaffolding materials, 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. 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 containment system,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, removed paint, and all other debris. 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 a representative of the coating system supplier to visit the site during coating operations 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. CLEAN UP: 1. Clean all sanding debris, overspray and other construction related materials off adjacent areas. 2. Repair any damaged items related to work. 3. 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G^ ; g ,gyp • ::a, '.s�R'' $y .e+hA S �,+., k v' 3«5"$:.: • '' .' y&,,' Y''1 ': X4,4 i,,, SLIDE FLUME CAULK JOINT Remove all existing caulking on interior of slide and recut seams .S0deep x .10Owith adiamond wheel, to allow joints to be caulked after gel coating is completed. Sand complete interior of slide surface with 60 grit sand paper that will be gel coated including upper walls splash guards and outer return of slidesurface .� �� 11111 ell imp- EXHIBIT A-2 GOLDEN GATE AQUATIC CENTER Gel Coat Interior and Repaint Exterior Water Slide Flumes SCOPE OF WORK: Furnish all material, labor,tools and equipment necessary to gel coat the interior and repaint entire exterior of the slide flumes. SPECIFICATIONS: The performance of this work shall comply with the following governing and regulatory authorities: Department of Labor, State Department of Public Health, all State and Local Building Codes and other agency that has legal jurisdiction. Paint Product: PSX 700 by PPG Industries or approved equal. Specification for PSX 700 is attached. Follow all applications in accordance with the manufacturer's specifications and requirements. Gel Coat: The gel coat product to be used for coating the interior Open Section of the slide flumes shall be Ferro Ultra Plus-NPG/ISO gel coat or approved equal; Ferro Ultra Plus-NPG/ISO specification is attached. Gel coat color shall be integral to the gel coat with UV inhibitors;gel coat color shall match existing. Provide color samples and verify color selection with Owner. REQUIREMENTS: Surface Preparation for Painting: All surface preparation and subsequent painting shall be performed in such a manner to prevent any damage to, or overspray on,the adjacent structures,fixtures, or equipment. 1. Prepare surface per the paint manufacturer's instruction. 2. Pressure wash surface to remove dirt,wax, etc. 3. Replace any missing or corroded hardware. 4. Sand surface to remove oils and other contaminants. 5. Wipe all surfaces with de-waxing/de-greasing agent. 6. All surfaces to be primed or painted must be clean and dry prior to the application of coatings. 7. Prime coat bare areas as needed. Paint entire exterior surface of flume. PAINT APPLICATION: 1. Apply one coat of primer, approximately 7-10 mills thick as recommended by the paint manufacturer. 2. Apply top coat with as many coats as necessary approximately 7-10 mills thickness minimum per coat to provide a uniform appearance and to cover the pre-existing color completely. e 3. The contractor is responsible for protecting freshly painted surface from debris and protecting adjacent existing structures from overspray or damage. 4. Finish work must strictly follow industry standards, references, and recommendations. Steps for gel coating: 1. Remove all existing caulking on the interior of slide and re-cut seams .50 deep x.108 with a diamond wheel to allow joints to be caulked after gel coating is completed. 2. Sand complete interior of slide surface that will be gel coated including upper walls splash guards and outer returns of slide with 60 grit sand paper. 3. All radius and slide joints are hand sanded to remove sharp edges on seams and guarantee adhesion. 4. Repair all damaged areas on interior of slide surface (stress cracks air voids chips,water leaks on joints, etc.) Small areas are to be repaired using an ISO resin based aerosil putty which is industry standard. If there are larger areas that need repair the area shall be ground down into the laminate and fiberglass shall be sanded smooth and then a layer of ISO gel putty be applied and sanded smooth to match the original curvature of slide surface. 5. Clean slide surface with a detergent,then pressure washed to remove any contaminants in the substrate. 6. Tape off all areas around slide to protect from overspray. 7. Blow clean the surface and clean with acetone before gel coat. 8. Apply gel coat- by external mix spray application in a triple pass spray application vertical horizontal and 45 degree with flash time between passes to allow for uniform coverage of material. • Apply gel coat on an average of 18 to 24 mills on non-ride surfaces and 30 mills on the water track and ride surface. 9. After gel coat has fully cured, check and repair the surface for any defects before taking off the masking. 10. Caulk all seams using Sikaflex 1A, 291 or 3M 4200 and apply a coat of carnauba wax. 11. Allow 48 hours from the time slide was caulked before putting the slide back into service. GENERAL REQUIREMENTS: 1. Contractor must have a minimum three (3)years'experience in painting industrial structures and must provide two (2) reference projects of similar scope and size, and if required,should be able to provide references of another similar project completed. 2. All painting will be done with OSHA approved equipment. 3. All spray painting shall be performed in "Full Containment"to prevent any damage to, or overspray on,the adjacent structures,fixtures, or equipment. 4. Cover and protect finished work and surfaces not to be painted. 5. Mix and prepare painting materials in accordance with manufacturer's directions, in an area protected from contamination by spills. 6. All painters shall frequently check wet film thickness with a wet film gauge. 7. Before applying subsequent coats, check each applied coating with a calibrated dry film thickness gauge. 8. Remove hardware, hardware accessories, plates, lighting fixtures, and similar items that are not to be painted, or provide surface applied protection. Reinstall removed items when final coat is thoroughly dry. 9. No coatings shall be applied during a rainfall, or when rainfall is imminent, and unless the air temperature is at least 50 degrees 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 to be coated is less than 5 degrees F above the Dew Point. 10. 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 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. 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. 11. Equipment: All tools, brushes, rollers, spray guns, blast material, hand power tools for cleaning and all equipment, scaffolding materials, 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. 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 containment system,the cleaning system,the surface preparation and coating systems application to all areas. The detailed submission shall include a detailed 0 description of proposed methods and procedures,sequence of operations, equipment, details of the proposed enclosure/containment system, removed paint, and all other debris. 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 a representative of the coating system supplier to visit the site during coating operations 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. CLEAN UP: 1. Clean all sanding debris,overspray and other construction related materials off adjacent areas. 2. Repair any damaged items related to work. 3. Re-establish all disturbed areas to pre-existing condition. CLOSEOUT: At the end of the work, Contractor shall provide two (2) unopened, labeled, one-gallon cans of paint of each type/color used. WARRANTY: Contractor shall warrant all materials and workmanship for a period of a period of one (1)year from the date of final acceptance. In addition,the contractor shall provide fully authorized, manufacturer's warranties for all gel coating systems. liel illi Ferro Ultra Plus-NPG/ISO gelcoat Ultra Plus-NPG/1SO gelcoat is suited for a broad range of high-quality,open-mold. lay- up applications including boats/yachts, swimming pools.sanitaryware,sinks, recreational vehicles. commercial/mass transit vehicles and industrial components. Ultra Plus-NPG/ISO gelcoat utilizes an isoplithalic,acid-based unsaturated polyester resin vehicle. (For resin vehicles containing a high level of neopentyl glycol [NPG],refer to Ultra I-NPG gelcoat.) While the relative advantages of NPG-and ISO-based resins vary by application and molder preferences, ISO resin is considered to offer the greatest chemical and water/osmosis resistance(NPG,the greatest shelf stability. ease of application and ease of repair.)(Please note that characteristics of the base resin can differ significantly from that of the final gelcoat formulation.) Ultra Plus-NPG/ISO gelcoat for polyester laminate applications is comprised of the finest-quality pigments dispersed in an isophthalic acid-based, neopentyl glycol (NPG) resin system.Superior ingredients,together with perfected manufacturing techniques and rigid quality-control standards,optimize every feature you look for in a gelcoat: • Shelf stability • Easy application • Color consistency • Crack resistance • Flexural strength • Water/osmosis resistance • Tear resistance • Chemical resistance • UV light stability • Long-teen durability Uncured gelcoat properties (All properties based on 1.5 percent MEKP) • Gel time @77°F to your specifications(within parameters required to maintain product integrity) • Gel to peak...... minutes • Viscosity @77°F(LVF#4 @60 rpm).......2,300-2,900 cps • Thix index(6/60)...........5.0-6.0 • Weight per gallon...........9.8-I0.8 lbs. • Stability(a 150°F...........5 days minimum • Hegman grind..............5 minimum • Film cure @..77°F..........40-60 minutes • Hide @ 15 mils(wet).....complete • Coverage....................approx. 80 sq.ft./gal.,sprayed @20 mils(wet) • Patchability..................good(Ferro patch booster recommended) Typical applications Marine, sanitaryware, recreational vehicles,and other open-mold,hand,lay-up applications. Colors An entire spectrum of custom colors is available on short notice. Using computer spectrophotometry, Ferro can match your color sample,or refer to complete files of OSHA, tvlunsel, Federal Standard 595 Series or Pantone®matching systems. All orders are matched to Ferro standards or the retain of your approved custom color, ensuring identical color reproduction from order to order. '..'i:,„.ciitilS.,‘"!...*:',1...1i;t i 44,,,,1::...iii,iiiii.j.1.,,Ii12;tiiiir?,'.:',1::'.!!!:;.1::,..0,11!..444,' : r*. % Rte. i ry r N « . �^« �yM1 E E ... ,�taw,.: r u ...„ ... - .ryr. 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L 41 E _w..,.nnsr,+H7'wm'.w.wuo.».'ax"w m,''a,+a,e",..«'"wrw.w n,+,w.m w.w ZI nv nu c .>'u,,aw n10::`inu 071 0 EXHIBIT B FEE SCHEDULE Description: Lump Sum Price: Golden Gate Aquatic Center— Gel Coat Interior and Repaint Exterior Water Slide $ 39,500.00 Sun-N-Fun — Repaint Water Slide Flumes $ 150.000.00 TOTAL LUMP SUM: $ 189,500.00 Page 16 of 24 #18-7289 Aquatic Slide Restoration Close Construction,LLC EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF ( STATE OF ( ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated , 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final]Application for Payment No. CONTRACTOR BY: Witness ITS: DATE: Witness [Corporate Seal] 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) Notary Public, State of (AFFIX OFFICIAL SEAL) Commissioner No.: Page 17 of 24 #18-7289 Aquatic Slide Restoration Close Construction,LLC 0 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Amount: $ 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 previous payment (s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2)title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: 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) Page 18 of 24 #18-7289 Aquatic Slide Restoration Close Construction,LLC 0 EXHIBIT E CHANGE ORDER ❑ Contract Modification ❑Work Order Modification Contract#: Change#: Purchase Order#: Project#: Contractor/Firm Name: Project Name: Project Manager Name: Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount Cumulative Changes $ 0.00 #DIV/0! Change from Current Amount Completion Date, Description of the Task(s)Change,and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Date Includes this change) #of Days Added Select Tasks ❑Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other(see below) Provide a response to the following: 1.)detailed and specific explanation/rationale of the requested change(s)to the task(s)and I or the additional days added(if requested); 2.)why this change was not included in the original contract;and,3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same terms and conditions as contained in the contract/work order indicated above,as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant/Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor/Vendor/Consultant/Design Professional and Name of Firm, if project applicable) Approved by: Date: (Design Professional and Name of Firm, if project applicable) Approved by: Date: (Procurement Professional Page 19 of 24 #18-7289 Aquatic Slide Restoration Close Construction,LLC EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To 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 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. Page 20 of 24 #18-7289 Aquatic Slide Restoration Close Construction,LLC The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACT OR: 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 Page 21 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC 0 EXHIBIT G CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To 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 finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page 22 of 24 #18-7289 Aquatic Slide Restoration Close Construction,LLC a The warranty in Exhibit H is attached to and made a part of this Certificate: Executed by Design Professional on , 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER By: Type Name and Title Page 23 of 24 #18-7289 Aquatic Slide Restoration Close Construction,LLC -..�" CLOSE-3 OP ID: ME ,d►`CfOI?Cr CERTIFICATE OF LIABILITY INSURANCE DATE{MM1DDfYYYY) 05!10!2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Pritchards and Associates -SLC NAME: Kristina M. Morgan-Agency 10791 SW Tradition Square PHONE,Ext): 772-345-7700 FAX No): 772-345-7703 Port St. Lucie, FL 34987 ADDARESS: Kristina M.Morgan-Agency INSURER(S)AFFORDING COVERAGE NAIC INSURER A:Owners Insurance 32700 INSURED Close Construction, LLC INSURER B:Southern Owners 10190 PO Box 2558 INSURER c:Bridgefield Employers Ins. 10701 Okeechobee, FL 34973 INSURER D:Westchester Surplus Lines Ins 10172 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ISD WVD POLICY NUMBER M' A POLICY EFF POLICY EXP LIMITS {MMIDDYY) (MM1DDlYYYI) B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X 72637778 06/14/2018 06/14/2019 DAMAGE TO RENTED PREMISES(Ea occurrence) $ 50,000 B X POLLUTION G28132219002 06/20/2017 06/20/2018 MED EXP(Any one person) $ 5,000 B X XCU 72637778 06/14/2018 06/14/2019 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY X Mil LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) _ A X ANY AUTO 4457286400 06/14/2018 06/14/2019 BODILY INJURY(Per person) $ 1,000 000 ALL OWNED -SCHEDULED BODILY INJURY(Per accident) $ 1,000,000 X RTOD AUTOS X NON-OWNED PROrPERTTYYnDAMAGE $ 1,000,000 t) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 B EXCESS LIAB CLAIMS-MADE 4457286402 06/14/2018 06/14/2019 AGGREGATE $ 1,000,000 DED X RETENTION $ 10000 $ WORKERS COMPENSATION PER OTH- X STATUTE ER AND EMPLOYERS'LIABILITY C ANY PROPRIETOR/PARTNERIEXECUIIVE Y/N 830-29982 04/01/2018 04/01/2019 EL.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1,000,000 B Property Section 72637778 06/14/2018 06114/2019 B Equipment Floate 72637778 06/14/2018 06/14/2019 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Blanket additional insured applied to Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, or Collier County with regards to General Liabilty. Contract#18-7289 Aquatic Slide restoration 30 Day notice of cancellation applies with regards to General Liability CERTIFICATE HOLDER CANCELLATION COLL-03 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier CountyBoard of CountyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 3295 Tamiami Trail East AUTHORIZED REPRESENTATIVE P14, ;,,-€1,a Naples, FL 34112-4901 �a� tg i CF�57 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Jo uthern -Owners Page 1 Issued • 05-04-2018 INSURANCE COMPANY TAILORED PROTECTION POLICY DECLARATIONS 6101 ANACAPRI BLVD., LANSING, MI 48917-3999 AGENCY PRITCHARDS AND ASSOCIATES INC Change Endorsement Effective 06-14-2018 12-0626-00 MKT TERR 114 877-763-6625 POLICY NUMBER 034682-72637778-18 INSURED CLOSE CONSTRUCTION LLC Company Use 72-46-FL-0306 CLOSE INVESTMENTS PROPERTIES Company Policy Term ADDRESS PO BOX 2558 Bill 12:01 a.m. 12:01 a.m. to OKEECHOBEE FL 34973-2558 06-14-2018 06-14-2019 Description of Change *****AMENDING TRANS 003***** *****ENDORSEMENT BOUND EFFECTIVE 4-26-18***** ADDED: 59495 NOCNR FOR OTHER THAN NAMED INSURED **30 DNOC** NAME OF PERSON OR ORGANIZATION: COLLIER CO BOARD OF COUNTY COMM OR BOARD OF COUNTY CO IN COLLIER CO OR COLLIER CO GOVERNMENT OR COLLIER CO Transaction Number: 005 Endorsement Premium: $0.00 NO CHANGE Agency Code 12-0626-00 Policy Number 034682-72637778 COMMERCIAL GENERAL LIABILITY 55373 (1-07) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM. A. Under SECTION II-WHO IS AN INSURED,the This insurance is primary for the Additional following is added: Insured, but only with respect to liability arising out of"your work"for that Additional Insured by A person or organization is an Additional Insured, or for you. Other insurance available to the only with respect to liability arising out of"your work" Additional Insured will apply as excess insur- for that Additional Insured by or for you: ance and not contribute as primary insurance to the insurance provided by this endorsement. 1. If required in a written contract or agreement; or 2. The following provision is added: 2. If required by an oral contract or agreement only if a Certificate of Insurance was issued prior to Other Additional Insured Coverage Issued By the loss indicating that the person or organiza- Us tion was an Additional Insured. If this policy provides coverage for the same B. Under SECTION III - LIMITS OF INSURANCE, the loss to any Additional Insured specifically shown following is added: as an Additional Insured in another endorsement to this policy, our maximum limit of insurance The limits of liability for the Additional Insured are under this endorsement and any other endorse- those specified in the written contract or agreement ment shall not exceed the limit of insurance in between the insured and the owner, lessee or the written contract or agreement between the contractor or those specified in the Certificate of insured and the owner, lessee or contractor, or Insurance, if an oral contract or agreement, not to the limits provided in this policy,whichever is exceed the limits provided in this policy. These less. Our maximum limit of insurance arising limits are inclusive of and not in addition to the limits out of an "occurrence", shall not exceed the limit of insurance shown in the Declarations. of insurance shown in the Declarations, regard- less of the number of insureds or Additional C. SECTION IV- COMMERCIAL GENERAL Insureds. LIABILITY CONDITIONS, is amended as follows: All other policy terms and conditions apply. 1. The following provision is added to 4. Other Insurance: Includes copyrighted material of Insurance Services Office, Inc., with its permission. 55373 (1-07) Copyright Insurance Services Office, Inc., 1984, 2003. Page 1 of 1 EXHIBIT H WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 24 of 24 #18-7289 Aquatic Slide Restoration Close Construction,LLC