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Backup Documents 05/12/2020 Item #16D 4ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 b 0 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. .Utach to original document. I he completed routing slip and original documents are to be foncarded to the ( ouim Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # 1 through #2, complete the checklist, and forward to the County Attorney Office. Route to Addressees List in routing order Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office CMG 5-12-20 4. BCC Office Board of County Commissioners% n) tLV4 b 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION I _ I I Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missing information. Name of Primary Staff Liz Soriano /Tessie Sillery Phone Number 239-2524994 or 252- Contact / Department PTNE Division old ATM Dept) 5840 Agenda Date Item was 05-12-2020 Agenda Item Number 16-D-4 Approved by the BCC Type of Document FDOT Resolution -- Number of Original I Resolution Attached e)4010 Documents Attached PO number or account number if document is to be recorded Special instructions: • Please email a copy to: Liz.Soliano(a�colliercountyfl.gov & Tessie.Sillery@colliercountyfl.gov INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable colu ,v r is appropriate. Yes N/A (Not Initial Applicable) 1. Does the document require the chairman's original signature. AMP OK LS 2. Does the document need to be sent to another agency for additional signatures? If yes, provide LS the Contact Information(Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by LS the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's Office LS and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document LS or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature LS and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip LS should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 05/12/20 and all changes made during the LS N/A is not an meeting have been incorporated in the attached document. The County Attorney's Office option for has reviewed the changes, if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all /A is not an changes directed by the BCC have been made, and the document is ready for the Chairman's option for signature. this line. u I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 160 4 Resolution 2020 -7 8 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROVAL OF THE CONSTRUCTION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) PERTAINING TO THE IMPROVEMENT FDOT RIGHT-OF-WAY IN CONJUNCTION WITH THE BUS STOP IMPROVEMENT OF ADDING A BUS PULL OUT AND AUTHORIZING THE CHAIRMAN TO SIGN THE AGREEMENT. WHEREAS, on this day of May, 2020. the Board of County Commissioners approved a Construction Agreement with the Florida Department of Transportation ("FDOT") pertaining to the improvement of FDOT Right -of Way in conjunction with the Bus Stop improvement adding a bus pull-out for the safety of the boarding and alighting passengers at bus stop #367 located on State Road 29 and E. Main St. and authorized the Chairman of the Board of County Commissioners to enter into the Construction Agreement with the FDOT, and WHEREAS, the FDOT requires the Board provide a Resolution memorializing and confirming the Board's aforementioned affirmative vote to approve the Agreement and authorize the Chairman to execute the Agreement. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: l . On this _ day of May, 2020, the Board of County Commissioners approved by majority vote the FDOT Construction Agreement and authorized the Chairman to sign that Agreement with FDOT. 2. A certified copy of this Resolution shall be forwarded by the Collier County Clerk to FDOT along with the executed Agreement. This Resolutons hereby adopted after motion, second and majority vote this day of 2020. ATTEST.-4 CR T. K. KINZEL CLI~ RK A��DeputMqk St aS� O a1 n s A proved as to form anu�legaiity: lleen M-'Greene. AssiAtant County AtVney BOARD F COUNTY COMMISSIONERS OF C�ERC Burt L. Saunders, Chairman ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1604 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # 1 through #2, complete the checklist, and forward to the Countv Attomev Office. Route to Addressees (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office CMG 05/26/20 4. BCC Office Board of County Commissioners b J ' 5. Minutes and Records Clerk of Court's Office /, dbp"', PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missing information. Name of Primary Staff Liz Soriano/Public Transit 239-252-6081 Contact / Department Agenda Date Item was May 12,2020 Agenda Item Number 16134 Approved by the BCC Type of Document Construction Agreement with the Florida Number of Original 1 Attached Department of Transportation (FDOT) for Documents Attached Collier Area Transit CAT PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not aDvrovriate. Initial Applicable) 1. Does the document require the chairman's original signature STAMP OK CMG 2. Does the document need to be sent to another agency for additional signatures? If yes, CMG provide the Contact Information(Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's CMG Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CMG document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG si nature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip CMG should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on October 23, 2019 and all changes made CMG during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the 1 P BCC, all changes directed by the BCC have been made, and the document is ready for the (0# Chairman's signature. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 1604 MEMORANDUM Date: June 12, 2020 To: Liz Soriano, Project Manager Public Transit & Neighborhood Enhancement From: Teresa Cannon, Senior Deputy Clerk Board Minutes & Records Department Re: Construction Agreement w/FDOT for Collier Area Transit (CAT) Attached for your records is an original of the document referenced above, (Item #16D4) approved by the Board of County Commissioners on Tuesday, June 9, 2020. Please forward for additional signature and return an executed copy to the Board's Minutes and Record's Department to be kept as part of the Board's Official Record. If you have any questions, please call me at 252-8411. Thank you. Attachment DocuSign Envelope ID: FC32FA2E-56C1-497A-B267-69C80979A198 604 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 850-040-89 CONSTRUCTION AGREEMENT MAINTENANCE OGC — 07/13 Page 1 of 4 Construction Agreement No.: 2020-C-192-00004 THIS CONSTRUCTION AGREEMENT (this "Agreement") is made and entered into by and between the State of Florida, Department of Transportation, 801 N. Broadway Ave Bartow FI 33830 (hereinafter referred to as the "DEPARTMENT") and Board of County Commisioners - Collier 3299 Tamiami Trail E. Naples, FI 34112 (hereinafter referred to as the "Construction Coordinator"). WITNESSETH: WHEREAS, the DEPARTMENT is authorized and required by Section 334.044(13), Florida Statutes, to coordinate the planning, development, and operation of the State Highway System; and WHEREAS, pursuant to Section 339.282, Florida Statutes, the DEPARTMENT may contract with a property owner to finance, construct, and improve public transportation facilities; and WHEREAS, the Construction Coordinator proposes to construct certain improvements to SR 29 Section 03080 Subsection 000 from Begin MP 36.243 to End MP 36.243 Local Name E. Main Street located in Collier County (hereinafter referred to as the "Project"); and WHEREAS, the parties desire to enter into this Agreement for the Construction Coordinator to make improvements within the DEPARTMENT'S right of way to construct the Project, which will become the property of the Department upon acceptance of the work. NOW, THEREFORE, based on the premises above, and in consideration of the mutual covenants contained herein, the parties hereby agree that the construction of the Project shall proceed in accordance with the following terms and conditions: 1. The recitals set forth above are specifically incorporated herein by reference and made a part of this Agreement. The Construction Coordinator is authorized, subject to the conditions set forth herein, to enter the DEPARTMENT'S right of way to perform all activities necessary for the construction of See attached exhibit A and exhibit B "Amendment to Construction Agreement" attached and incorporated by reference. 2. The Project shall be designed and constructed in accordance with the latest edition of the DEPARTMENT'S Standard Specifications for Road and Bridge Construction and DEPARTMENT Design Standards and Manual of Uniform Traffic Control Devices ("MUTCD"). The following guidelines shall apply as deemed appropriate by the DEPARTMENT: the DEPARTMENT Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, the DEPARTMENT Plans Preparation Manual ("PPM") Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida Green Book") and the DEPARTMENT Traffic Engineering Manual. The Construction Coordinator will be required to submit any construction plans required by the DEPARTMENT for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Construction Coordinator shall be required to notify the DEPARTMENT of the changes and receive approval from the DEPARTMENT prior to the changes being constructed. The Construction Coordinator shall maintain the area of the project at all times and coordinate any work needs of the DEPARTMENT during construction of the project. 3. The Construction Coordinator shall notify the DEPARTMENT a minimum of 48 hours before beginning construction within DEPARTMENT right of way. The Construction Coordinator shall notify the DEPARTMENT should construction be suspended for more than 5 working days. 4. Pursuant to Section 7-13 of the DEPARTMENT Standard Specifications, the Construction Coordinator is required to possess a general liability insurance naming the DEPARTMENT as an additional insured and insuring the DEPARTMENT and the Construction Coordinator against any and all claims for injury or damage to persons and property, and for the loss of life or property that may occur (directly or indirectly) by reason of the Construction Coordinator accessing DEPARTMENT right of way and the Construction Coordinator's performance of the Project. Such amount shall be carried in a minimum amount of not less than N/A and 00/100 Dollars ($ 0.00 ) for bodily injury or death to any one person or any number of persons in any one occurrence, and not less than N/A and 00/100 Dollars ($ 0.00 ) for property damage, or a combined coverage of not less than N/A and 00/100 Dollars ($ 0.00 ). Additionally, the Construction Coordinator shall supply the DEPARTMENT with a payment and performance bond in the amount of the estimated cost of construction, provided by a surety authorized to do business in the State of Florida, payable to the DEPARTMENT. The bond and insurance shall remain in effect until completion of construction and acceptance by the DEPARTMENT. Prior to commencement of the Project and on such other occasions as the DEPARTMENT may reasonably require, the Construction Coordinator shall provide the DEPARTMENT with certificates documenting that the required insurance coverage is in place and effective. If the Construction Coordinator is a governmental entity they will be exempt from these requirements. 5. The Construction Coordinator shall be responsible for monitoring construction operations and the maintenance of traffic ("MOT") throughout the course of the project in accordance with the latest edition of the DEPARTMENT Standard Specifications, section 102. The Construction Coordinator is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the DEPARTMENT Design Standards, Index 600 series. Any MOT plan developed by the Construction Coordinator that deviates from the DEPARTMENT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the DEPARTMENT prior to implementation. 6. The Construction Coordinator shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. DocuSign Envelope ID: FC32FA2E-56C1-497A-B267-69C80979A198 1604 850-040-89 MAINTENANCE OGC — 07/13 Page 2 of 4 7. The Construction Coordinator will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. 8. It is hereby agreed by the parties that this Agreement creates a permissive use only and all improvements resulting from this agreement shall become the property of the DEPARTMENT. Neither the granting of the permission to use the DEPARTMENT right of way nor the placing of facilities upon the DEPARTMENT property shall operate to create or vest any property right to or in the Construction Coordinator, except as may otherwise be provided in separate agreements. The Construction Coordinator shall not acquire any right, title, interest or estate in DEPARTMENT right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Construction Coordinator's use, occupancy or possession of DEPARTMENT right of way. The parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to chapter 163, Florida Statutes. 9. The Construction Coordinator shall perform all required testing associated with the design and construction of the project. Testing results shall be made available to the DEPARTMENT upon request. The DEPARTMENT shall have the right to perform its own independent testing during the course of the Project. 10. The Construction Coordinator shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the DEPARTMENT, applicable Water Management District, Florida Department of Environmental Protection, Environmental Protection Agency, the Army Corps of Engineers, the United States Coast Guard and local governmental entities. 11. If the DEPARTMENT determines a condition exists which threatens the public's safety, the DEPARTMENT may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right of way at the sole cost, expense, and effort of the Construction Coordinator. The Construction Coordinator shall bear all construction delay costs incurred by the DEPARTMENT. 12. All work and construction shall be completed within 120 days of the date of the last signature affixed to this agreement. If construction is not completed within this time, the DEPARTMENT may make a claim on the bond. The DEPARTMENT may terminate this Agreement at any time, with or without cause and without DEPARTMENT liability to the Construction Coordinator, by providing sixty (60) days prior written notice of termination to the Construction Coordinator. 13. The Construction Coordinator shall be responsible to maintain and restore all features that might require relocation within the DEPARTMENT right of way. 14. The Construction Coordinator will be responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. 15. Upon completion of construction, the Construction Coordinator will be required to submit to the DEPARTMENT final as -built plans and an engineering certification that construction was completed in accordance to the plans. Prior to the termination of this Agreement, the Construction Coordinator shall remove its presence, including, but not limited to, all of the Construction Coordinator's property, machinery, and equipment from DEPARTMENT right of way and shall restore those portions of DEPARTMENT right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. 16. If the DEPARTMENT determines that the Project is not completed in accordance with the provisions of this Agreement, the DEPARTMENT shall deliver written notification of such to the Construction Coordinator. The Construction Coordinator shall have thirty (30) days from the date of receipt of the DEPARTMENT'S written notice, or such other time as the Construction Coordinator and the DEPARTMENT mutually agree to in writing, to complete the Project and provide the DEPARTMENT with written notice of the same (the "Notice of Completion"). If the Construction Coordinator fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the DEPARTMENT, within its discretion may: 1) provide the Construction Coordinator with written authorization granting such additional time as the DEPARTMENT deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Construction Coordinator's sole cost and expense, without DEPARTMENT liability to the Construction Coordinator for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the DEPARTMENT elects to correct the deficiency(ies), the DEPARTMENT shall provide the Construction Coordinator with an invoice for the costs incurred by the DEPARTMENT and the Construction Coordinator shall pay the invoice within thirty (30) days of the date of the invoice. 17. Nothing in this Agreement shall be deemed or otherwise interpreted as waiving the DEPARTMENT'S sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. The DEPARTMENT'S liability for breach of this Agreement is limited in amount and shall not exceed the limitations of liability for tort actions as set forth in Section 768.28(5), Florida Statutes. 18. All formal notices, proposed changes and determinations between the parties hereto and those required by this Agreement, including, but not limited to, changes to the notification addresses set forth below, shall be in writing and shall be sufficient if mailed by regular United States mail, postage prepaid, to the parties at the contact information listed below. 19. The Construction Coordinator shall not cause any liens or encumbrances to attach to any portion of DEPARTMENT right of way. 20. This Agreement shall be governed by the laws of the State of Florida in terms of interpretation and performance. Venue for any and all actions arising out of or in any way related to the interpretation, validity, performance or breach of this Agreement shall lie exclusively in a state court of appropriate jurisdiction in Leon County, Florida. 21. The Construction Coordinator may not assign, pledge or transfer any of the rights, duties and obligations provided in this Agreement without the prior written consent of the DEPARTMENT'S District Secretary or his/her designee. The DEPARTMENT has the sole discretion and authority to grant or deny proposed assignments, with or without cause. Nothing herein shall prevent the Construction Coordinator from delegating its duties hereunder, but such delegation shall not release the Construction Coordinator from its obligation to perform this Agreement. CO-6 DocuSign Envelope ID: FC32FA2E-56C1-497A-B267-69C80979A198 1604 850-040-89 MAINTENANCE OGC — 07/13 Page 3 of 4 22. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations or remedies upon any other person or entity except as expressly provided for herein. 23. This instrument, together with the attached exhibits and documents made part hereof by reference, contain the entire agreement of the parties and no representations or promises have been made except those that are specifically set out in this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements and representations, covenants, and warranties with respect to the subject matter of this Agreement, and any part hereof, are waived, merged herein and superseded hereby. 24. By their signature below, the parties hereby acknowledge the receipt, adequacy and sufficiency of consideration provided in this Agreement and forever waive the right to object to or otherwise challenge the same. 25. The failure of either party to insist on one or more occasions on the strict performance or compliance with any term or provision of this Agreement shall not be deemed a waiver or relinquished in the future of the enforcement thereof, and it shall continue in full force and effect unless waived or relinquished in writing by the party seeking to enforce the same. 26. No term or provision of this Agreement shall be interpreted for or against any parry because that party or that party's legal representative drafted the provision. 27. If any section, paragraph, clause or provision of this Agreement is adjudged by a court, agency or authority of competent jurisdiction to be invalid, illegal or otherwise unenforceable, all remaining parts of this Agreement shall remain in full force and effect and the parties shall be bound thereby so long as principle purposes of this Agreement remain enforceable. 28. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. 29. The Construction Coordinator agrees to promptly indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents and employees from and pay all demands, claims, judgments, liabilities, damages, fines, fees, taxes, assessments, penalties, costs, expenses, attorneys' fees and suits of any nature or kind whatsoever caused by, or arising out of or related to the performance or breach of this Agreement by the Construction Coordinator, including, without limitation, performance of the Project within the DEPARTMENT'S right of way. The term "liabilities" shall specifically include, without limitation, any act, action, neglect or omission by the Construction Coordinator, its officers, agents, employees or representatives in any way pertaining to this Agreement, whether direct or indirect, except that neither the Construction Coordinator nor any of its officers, agents, employees or representatives will be liable under this provision for damages arising out of injury or damages directly caused or resulting from the sole negligence, intentional or wrongful acts of the DEPARTMENT or any of its officers, agents or employees. The Construction Coordinator shall notify the DEPARTMENT in writing immediately upon becoming aware of such liabilities. The Construction Coordinator's inability to evaluate liability, or its evaluation of liability, shall not excuse performance of the provisions of this paragraph. The indemnities assumed by the Construction Coordinator shall survive termination of this Agreement. The insurance coverage and limits required in this Agreement may or may not be adequate to protect the DEPARTMENT and such insurance coverage shall not be deemed a limitation on the Construction Coordinator's liability under the indemnities granted to the DEPARTMENT in this Agreement. 30. Construction Coordinator: (1) shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Construction Coordinator during the term of the contract; and (2) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 31. COMPLIANCE WITH LAWS The Construction Coordinator shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Construction Coordinator in conjunction with this Agreement. Specifically, if the Construction Coordinator is acting on behalf of a public agency the Construction Coordinator shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the services being performed by the Construction Coordinator. (2) Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, 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. (4) Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Construction Coordinator upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department. Failure by the Construction Coordinator to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. The Construction Coordinator shall promptly provide the Department with a copy of any request to inspect or copy public records in possession of the Construction Coordinator and shall promptly provide the Department a copy of the Construction Coordinator's response to each such request. DocuSign Envelope ID: FC32FA2E-56C1-497A-B267-69C80979A198 1604 850-040-89 MAINTENANCE OGC - 07M 3 Page 4 of 4 CONSTRUCTION COORDINATOR CONTACT INFORMATION Name Burt L. Saunders Title Board of Collier County Commissioners Chairman Office No. 239-252-8603 Cell Email Burt. SaundersCd�colliercountyfl gov Name Liz Soriano Title Proiect Manager Office No. 239-252-4994 Cell 239-351-0486 Email Liz. Soriano(dcolliercountyfl.gov Mail Address 3299 Tamiami Trail East, Suite 303, Naples, Florida 34112 IN WITNESS WHEREOF, Construction Coordinator and the DEPARTMENT have executed this Agreement for the purposes herein expressed on the dates indicated below. CONST ION COO DIN R By: (Signature) Burt L. Saunders (Print Name) Chairman e� (Title) ��•OCd (Date) T LEST ('R ' 'CAL K. KINI L.. CLERK BY Attest at tO Chairman s signature only. A Ct1V 'ti S t0 f0t111 a Assistant County Attorney DEPARTMENT OF TRANSPORTATION By: (Signature) Sharon L. Harris (Prirt Name) District Maintenace Administrator - (Title) Legal Review: (Date) DSnn l)V 5/28/2020 1 5:48 AM EDT DocuSign Envelope ID: FC32FA2E-56C1-497A-B267-69C80979A198 1604 Exhibit B: Amendment to Construction Agreement The following additions, deletions and/or changes to the CONSTRUCTION AGREEMENT (herein after "Agreement") are hereby made part of said Agreement and incorporated by reference: a) Paragraph (29.) on page 3 of the agreement is hereby deleted and the following paragraph added in full: To the extent provided by law, Construction Coordinator shall indemnify, defend and hold harmless Department against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Construction Coordinator, or any of its officers, agents or employees, acting within the scope of their office or employment, in connection with the obligations and rights granted to or exercised by Construction Coordinator hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by Construction Coordinator to indemnify Department for the negligent acts or omissions of Department, its officers, agents or employees, or for the acts of third parties. Nothing herein shall be construed as consent by Construction Coordinator to be sued by third parties in any manner arising out of this agreement. The Construction Coordinator shall also require all contractors and subcontractors who conduct operations within the Project to indemnify and hold Department harmless against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of said Contractor or Subcontractor or any of their officers, agents or employees, acting within the scope of their office or employment. 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X�J0973 gHj sl 193HS SIMI -40 Ghf0331t 7VI-,tj30 3N1 6 04 lz ;_-ti 24 pO' n IA 4� Q 2o Q z, !�� !� R2, �Q C11.c 1604 CAC DocuSign Envelope ID: 4B8FDF99-14EC-432C-8ED9-83E77006165B DocuSign Envelope ID: FC32FA2E-56C1-497A-B267-69C80979A198 1604 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 650-040-89 CONSTRUCTION AGREEMENT MAINTENANCE OGC — 07/13 Page 1 of 4 Construction Agreement No.: 2020-C-192-00004 THIS CONSTRUCTION AGREEMENT (this "Agreement") is made and entered into by and between the State of Florida, Department of Transportation, 801 N. Broadway Ave. Bartow, FI. 33830 (hereinafter referred to as the "DEPARTMENT") and Board of County Commisioners - Collier 3299 Tamiami Trail E. Naples, FI 34112 (hereinafter referred to as the "Construction Coordinator"). WITNESSETH: WHEREAS, the DEPARTMENT is authorized and required by Section 334.044(13), Florida Statutes, to coordinate the planning, development, and operation of the State Highway System; and WHEREAS, pursuant to Section 339.282, Florida Statutes, the DEPARTMENT may contract with a property owner to finance, construct, and improve public transportation facilities; and WHEREAS, the Construction Coordinator proposes to construct certain improvements to SR 29 Section 03080 Subsection 000 from Begin MP 36.243 to End MP 36.243 Local Name E. Main Street located in Collier County (hereinafter referred to as the "Project"); and WHEREAS, the parties desire to enter into this Agreement for the Construction Coordinator to make improvements within the DEPARTMENT'S right of way to construct the Project, which will become the property of the Department upon acceptance of the work. NOW, THEREFORE, based on the premises above, and in consideration of the mutual covenants contained herein, the parties hereby agree that the construction of the Project shall proceed in accordance with the following terms and conditions: 1. The recitals set forth above are specifically incorporated herein by reference and made a part of this Agreement. The Construction Coordinator is authorized, subject to the conditions set forth herein, to enter the DEPARTMENT'S right of way to perform all activities necessary for the construction of See attached exhibit A and exhibit B "Amendment to Construction Agreement" attached and incorporated by reference. 2. The Project shall be designed and constructed in accordance with the latest edition of the DEPARTMENT'S Standard Specifications for Road and Bridge Construction and DEPARTMENT Design Standards and Manual of Uniform Traffic Control Devices ("MUTCD"). The following guidelines shall apply as deemed appropriate by the DEPARTMENT: the DEPARTMENT Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, the DEPARTMENT Plans Preparation Manual ("PPM") Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida Green Book") and the DEPARTMENT Traffic Engineering Manual. The Construction Coordinator will be required to submit any construction plans required by the DEPARTMENT for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Construction Coordinator shall be required to notify the DEPARTMENT of the changes and receive approval from the DEPARTMENT prior to the changes being constructed. The Construction Coordinator shall maintain the area of the project at all times and coordinate any work needs of the DEPARTMENT during construction of the project. 3. The Construction Coordinator shall notify the DEPARTMENT a minimum of 48 hours before beginning construction within DEPARTMENT right of way. The Construction Coordinator shall notify the DEPARTMENT should construction be suspended for more than 5 working days. 4. Pursuant to Section 7-13 of the DEPARTMENT Standard Specifications, the Construction Coordinator is required to possess a general liability insurance naming the DEPARTMENT as an additional insured and insuring the DEPARTMENT and the Construction Coordinator against any and all claims for injury or damage to persons and property, and for the loss of life or property that may occur (directly or indirectly) by reason of the Construction Coordinator accessing DEPARTMENT right of way and the Construction Coordinator's performance of the Project. Such amount shall be carried in a minimum amount of not less than N/A and 00/100 Dollars ($ 0.00 ) for bodily injury or death to any one person or any number of persons in any one occurrence, and not less than N/A and 00/100 Dollars ($ 0.00 ) for property damage, or a combined coverage of not less than N/A and 00/100 Dollars ($ 0.00 ). Additionally, the Construction Coordinator shall supply the DEPARTMENT with a payment and performance bond in the amount of the estimated cost of construction, provided by a surety authorized to do business in the State of Florida, payable to the DEPARTMENT. The bond and insurance shall remain in effect until completion of construction and acceptance by the DEPARTMENT. Prior to commencement of the Project and on such other occasions as the DEPARTMENT may reasonably require, the Construction Coordinator shall provide the DEPARTMENT with certificates documenting that the required insurance coverage is in place and effective. If the Construction Coordinator is a governmental entity they will be exempt from these requirements. 5. The Construction Coordinator shall be responsible for monitoring construction operations and the maintenance of traffic ("MOT") throughout the course of the project in accordance with the latest edition of the DEPARTMENT Standard Specifications, section 102. The Construction Coordinator is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the DEPARTMENT Design Standards, Index 600 series. Any MOT plan developed by the Construction Coordinator that deviates from the DEPARTMENT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the DEPARTMENT prior to implementation. 6. The Construction Coordinator shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. DocuSign Envelope ID: 4B8FDF99-14EC-432C-8ED9-83E77006165B DocuSign Envelope ID: FC32FA2E-56C1-497A-B267-69C80979A198 1604 850-a4M9 MAINTENANCE OGC — 07113 Page 2 of 4 7. The Construction Coordinator will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. 8. It is hereby agreed by the parties that this Agreement creates a permissive use only and all improvements resulting from this agreement shall become the property of the DEPARTMENT. Neither the granting of the permission to use the DEPARTMENT right of way nor the placing of facilities upon the DEPARTMENT property shall operate to create or vest any property right to or in the Construction Coordinator, except as may otherwise be provided in separate agreements. The Construction Coordinator shall not acquire any right, title, interest or estate in DEPARTMENT right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Construction Coordinator's use, occupancy or possession of DEPARTMENT right of way. The parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to chapter 163, Florida Statutes. 9. The Construction Coordinator shall perform all required testing associated with the design and construction of the project. Testing results shall be made available to the DEPARTMENT upon request. The DEPARTMENT shall have the right to perform its own independent testing during the course of the Project. 10. The Construction Coordinator shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the DEPARTMENT, applicable Water Management District, Florida Department of Environmental Protection, Environmental Protection Agency, the Army Corps of Engineers, the United States Coast Guard and local governmental entities. 11. If the DEPARTMENT determines a condition exists which threatens the public's safety, the DEPARTMENT may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right of way at the sole cost, expense, and effort of the Construction Coordinator. The Construction Coordinator shall bear all construction delay costs incurred by the DEPARTMENT. 12. All work and construction shall be completed within 120 days of the date of the last signature affixed to this agreement. If construction is not completed within this time, the DEPARTMENT may make a claim on the bond. The DEPARTMENT may terminate this Agreement at any time, with or without cause and without DEPARTMENT liability to the Construction Coordinator, by providing sixty (60) days prior written notice of termination to the Construction Coordinator. 13. The Construction Coordinator shall be responsible to maintain and restore all features that might require relocation within the DEPARTMENT right of way. 14. The Construction Coordinator will be responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. 15. Upon completion of construction, the Construction Coordinator will be required to submit to the DEPARTMENT final as -built plans and an engineering certification that construction was completed in accordance to the plans. Prior to the termination of this Agreement, the Construction Coordinator shall remove its presence, including, but not limited to, all of the Construction Coordinator's property, machinery, and equipment from DEPARTMENT right of way and shall restore those portions of DEPARTMENT right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. 16. If the DEPARTMENT determines that the Project is not completed in accordance with the provisions of this Agreement, the DEPARTMENT shall deliver written notification of such to the Construction Coordinator. The Construction Coordinator shall have thirty (30) days from the date of receipt of the DEPARTMENT'S written notice, or such other time as the Construction Coordinator and the DEPARTMENT mutually agree to in writing, to complete the Project and provide the DEPARTMENT with written notice of the same (the "Notice of Completion"). If the Construction Coordinator fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the DEPARTMENT, within its discretion may. 1) provide the Construction Coordinator with written authorization granting such additional time as the DEPARTMENT deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Construction Coordinator's sole cost and expense, without DEPARTMENT liability to the Construction Coordinator for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the DEPARTMENT elects to correct the deficiency(ies), the DEPARTMENT shall provide the Construction Coordinator with an invoice for the costs incurred by the DEPARTMENT and the Construction Coordinator shall pay the invoice within thirty (30) days of the date of the invoice. 17. Nothing in this Agreement shall be deemed or otherwise interpreted as waiving the DEPARTMENT'S sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. The DEPARTMENT'S liability for breach of this Agreement is limited in amount and shall not exceed the limitations of liability for tort actions as set forth in Section 768.28(5), Florida Statutes. 18. All formal notices, proposed changes and determinations between the parties hereto and those required by this Agreement, including, but not limited to, changes to the notification addresses set forth below, shall be in writing and shall be sufficient if mailed by regular United States mail, postage prepaid, to the parties at the contact information listed below. 19. The Construction Coordinator shall not cause any liens or encumbrances to attach to any portion of DEPARTMENT right of way. 20. This Agreement shall be governed by the laws of the State of Florida in terms of interpretation and performance. Venue for any and all actions arising out of or in any way related to the interpretation, validity, performance or breach of this Agreement shall lie exclusively in a state court of appropriate jurisdiction in Leon County, Florida. 21. The Construction Coordinator may not assign, pledge or transfer any of the rights, duties and obligations provided in this Agreement without the prior written consent of the DEPARTMENT'S District Secretary or his/her designee. The DEPARTMENT has the sole discretion and authority to grant or deny proposed assignments, with or without cause. Nothing herein shall prevent the Construction Coordinator from delegating its duties hereunder, but such delegation shall not release the Construction Coordinator from its obligation to perform this Agreement. DocuSign Envelope ID: 4B8FDF99-14EC-432C-8ED9-83E77006165B DocuSign Envelope ID: FC32FA2E-56C1-497A-B267-69C80979A198 1604 850-04M9 MAINTENANCE OGG — 07/13 Page 3 of 4 22. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations or remedies upon any other person or entity except as expressly provided for herein. 23. This instrument, together with the attached exhibits and documents made part hereof by reference, contain the entire agreement of the parties and no representations or promises have been made except those that are specifically set out in this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements and representations, covenants, and warranties with respect to the subject matter of this Agreement, and any part hereof, are waived, merged herein and superseded hereby. 24. By their signature below, the parties hereby acknowledge the receipt, adequacy and sufficiency of consideration provided in this Agreement and forever waive the right to object to or otherwise challenge the same. 25. The failure of either party to insist on one or more occasions on the strict performance or compliance with any term or provision of this Agreement shall not be deemed a waiver or relinquished in the future of the enforcement thereof, and it shall continue in full force and effect unless waived or relinquished in writing by the party seeking to enforce the same. 26. No term or provision of this Agreement shall be interpreted for or against any party because that party or that party's legal representative drafted the provision. 27. If any section, paragraph, clause or provision of this Agreement is adjudged by a court, agency or authority of competent jurisdiction to be invalid, illegal or otherwise unenforceable, all remaining parts of this Agreement shall remain in full force and effect and the parties shall be bound thereby so long as principle purposes of this Agreement remain enforceable. 28. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. 29. The Construction Coordinator agrees to promptly indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents and employees from and pay all demands, claims, judgments, liabilities, damages, fines, fees, taxes, assessments, penalties, costs, expenses, attorneys' fees and suits of any nature or kind whatsoever caused by, or arising out of or related to the performance or breach of this Agreement by the Construction Coordinator, including, without limitation, performance of the Project within the DEPARTMENT'S right of way. The term "liabilities" shall specifically include, without limitation, any act, action, neglect or omission by the Construction Coordinator, its officers, agents, employees or representatives in any way pertaining to this Agreement, whether direct or indirect, except that neither the Construction Coordinator nor any of its officers, agents, employees or representatives will be liable under this provision for damages arising out of injury or damages directly caused or resulting from the sole negligence, intentional or wrongful acts of the DEPARTMENT or any of its officers, agents or employees. The Construction Coordinator shall notify the DEPARTMENT in writing immediately upon becoming aware of such liabilities. The Construction Coordinator's inability to evaluate liability, or its evaluation of liability, shall not excuse performance of the provisions of this paragraph. The indemnities assumed by the Construction Coordinator shall survive termination of this Agreement. The insurance coverage and limits required in this Agreement may or may not be adequate to protect the DEPARTMENT and such insurance coverage shall not be deemed a limitation on the Construction Coordinator's liability under the indemnities granted to the DEPARTMENT in this Agreement. 30. Construction Coordinator: (1) shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Construction Coordinator during the term of the contract; and (2) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 31. COMPLIANCE WITH LAWS The Construction Coordinator shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Construction Coordinator in conjunction with this Agreement. Specifically, if the Construction Coordinator is acting on behalf of a public agency the Construction Coordinator shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the services being performed by the Construction Coordinator. (2) Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, 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. (4) Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Construction Coordinator upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department. Failure by the Construction Coordinator to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. The Construction Coordinator shall promptly provide the Department with a copy of any request to inspect or copy public records in possession of the Construction Coordinator and shall promptly provide the Department a copy of the Construction Coordinator's response to each such request. DocuSign Envelope ID: 4B8FDF99-14EC-432C-8ED9-83E77006165B 1604 DocuSign Envelope ID: FC32FA2E-56C1-497A-B267-69C80979A198 850-040-89 MAINTENANCE CGC - 07113 Page 4 of 4 CONSTRUCTION COORDINATOR CONTACT INFORMATION Name Burt L. Saunders Title Board of Collier County Commissioners Chairman Office No. 239-252-8603 Cell Email Burt.Saunders(a)colliercountvfl.gov Name Liz Soriano Title Proiect Manager Office No. 239-252-4994 Cell 239-351-0486 Email Liz. Soria no aC�colliercouiciov Mail Address 3299 Tamiami Trail East, Suite 303, Naples Florida 34112 IN WITNESS WHEREOF, Construction Coordinator and the DEPARTMENT have executed this Agreement for the purposes herein expressed on the dates indicated below. CONST ION COO DIN R DE Q,QTjgFY OF TRANSPORTATION r By: ' (Signature) . (Signature) �---CE17074A46134417 .. Burt L. Saunders (Print Name) Sharon L. Harris (Print Name) Chairman ^t (Title) .�IR.KO (Date) Ai ITST 4CR'l r,. K1N; . CLERK Attest all tO Chaff an s �'*Q tature oniv. A ruv �d s to forth an IcgAlity Assistant County Attontcy District Maintenace Administrator (Title) 6/18/2020 1 8:11 AM EDT (Date) C�iaw �iowwcaot 937DiD5420A84D9.. os �c 5/28/2020 1 5:48 AM EDT DocuSign Envelope ID: 4B8FDF99-14EC-432C-8ED9-83E77006165B 604 L04 DocuSign Envelope ID: FC32FA2E-56C1-497A-B267-69C80979A198 Exhibit B: Amendment to Construction Agreement The following additions, deletions and/or changes to the CONSTRUCTION AGREEMENT (herein after "Agreement") are hereby made part of said Agreement and incorporated by reference: a) Paragraph (29.) on page 3 of the agreement is hereby deleted and the following paragraph added in full: To the extent provided by law, Construction Coordinator shall indemnify, defend and hold harmless Department against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Construction Coordinator, or any of its officers, agents or employees, acting within the scope of their office or employment, in connection with the obligations and rights granted to or exercised by Construction Coordinator hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by Construction Coordinator to indemnify Department for the negligent acts or omissions of Department, its officers, agents or employees, or for the acts of third parties. Nothing herein shall be construed as consent by Construction Coordinator to be sued by third parties in any manner arising out of this agreement. The Construction Coordinator shall also require all contractors and subcontractors who conduct operations within the Project to indemnify and hold Department harmless against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of said Contractor or Subcontractor or any of their officers, agents or employees, acting within the scope of their office or employment. The indemnities assumed by the construction coordinator shall survive termination of this agreement. Exhibit B Page 1 of 1 DocuSign Envelope ID: 4B8FDF99-14EC-432C-8ED9-83E77006165B 1604 J'I'3 ' 100'f1-51919 31IW W30W/1 O31W3S OW O31171S A17W/1710 3711 JIWOW1 313 3W1 St L395 SIHL 300W033W MN 1303W I 4 W i Z : O o z CL �22 ii ON�oitla a ¢ O U � O O{ $ O Q N m N U 2i-M,bwa� lie uj ¢ = 2 2 u e b ¢ 1 ¢ w Ij C W 0 ;uzu INO-Z NW O u°W O mW O� C O �j a ui N O Ix ^ 2 =WZi°Iw tv 01 O VI W 0L 2 p ki R > L G C2Uh ��O.N.. ZO WW W Wu'OIWW�H O ? �N 2IX Q COq 0 l tL' w Q �I W 4 O 0 WUh W 20pW 9h-m ° O u p Uu.NW1=y � Q- at O W N° a n=iie i ` 2,0 i< I;t C7 J Q V ? 1n z ` V NJ IaWW 1-INm IV 1-N 2 O QOZ 2 i2t0 Z W �o m W N 2N�� �G�h].•u O U ,`'`� 1111111j1j o %may'• \�(u�- � �I o e 1 I N I N 0 W N p W t M N VI N ^ y < x O OC a 6 � iq„ �e Dulai h x i W a o" 8 3�4 J 2.S may; O R y Y c w U D N ZZ '4n io C7>S -2� t� gym. M1 C �� 3 te o DocuSign Envelope ID: 4B8FDF99-14EC-432C-8ED9-83E77OO6165B 1604 a 0'•'J 'Poo 'E7'SIOI9 310Y U30M O31Y35 O 03WI5 Al"flow 31If 31N n)13 3HJ Sl A33M5 smN 40 OwO w W13WO 3141 2 N � t I' i :1 �`U1nn Ci 4' cry m O Y JO c t u > a i Ja — •{ c aY �� LL�rud�YvYYl N�3y4COt DocuSign Envelope ID: 4B8FDF99-14EC-432C-8ED9-83E77006165B 1604 .1.1 1 'po0'f[-f1919 31AM tlMN0 03 3S O 03NOIS A11Y11910 3711 31WWI3373 3H1 SI 13INS SIH1 JO 09003N 1VOIJ10 3H1 = 2 N � PIp1 m Z Y h � z p3p 4 a 8' 0 a i g g x titi ti d r� r � n _E W uu° 9 r�L$d'ddr E ae x L 0 � �a c x. tin Y Q � r °= c � $Eo m �`WQw4 r o a yy ff "�3 1d1� rvn m ^n a a $�,m o�nn me&gnEmAm O 68FD8E14EC- z aEm- E770 m1eB 1604 �� ...J© 1i®Z� / \ -� �° c ;42Z � }� � u 2� }�p�� ,,... / § \QP-- �§§ f ,% |§ B|E 2 a|; | .\| ! !■;. , § ' ' b , § !�/ E■ {� ! 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JI<; O _WZ 03 2V FV= ii a COyIO-02 m a q Oj UY�< °Zrc^ N ;,a oDUW22<��WZ t�u�' O O yO WI- Sw S W W�� 1O x Om =�OZI�N` IW.N 'O q<� ~ `•�U N=0°ZV62 2q 2 =0 ah; I �` �..W1IW WOQC �1ypV.� 0iW i O� SOW axs FL `~QC�u� CWCZ W N< V 2W Fz�OII$= OW �O �ioW O� O WO��VUW1-jU �ZU 6 �O <CO ZV VR 4<mOQ OV IZ- ON WU O WL > 0 LN W NI 0 Oi E DocuSign Envelope ID: 4B8FDF99-14EC-432C-8ED9-83E77006165B 1604 -XV'1 'I00 EL-91919 37011 V30Nn 037V3S ONV 03N91S A77V11010 371! 71NOV13373 3N1 St 133NS SIN1 !0 ON0239 7VO13d0 3N1 \\,11111111`1 2 2 a o \\\�Q if `i� 1 "I��, N e � ; �Q•P: "• �J � C - ate. 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