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Agenda 12/13/2016 Item #16D24
16.D.24': 12/13/2016 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid No. 17-7055 to Compass Construction for the "East Naples Community Park Pickleball Shade Structure" in the amount of $744,018, authorize the Chairman to execute the contract, make a finding that this expenditure promotes tourism, and authorize the necessary budget amendments. OBJECTIVE: To construct a shade structure over the Championship courts for the 2017 US Open Pickleball Championship. CONSIDERATION: On April 14, 2015 the Board of County Commissioners (BCC) (Item 16.F.4) voted to approve a three year Hosting Agreement for the US Open Pickleball Championship with Spirit Promotions beginning in April 2016. Due to the success of the championship, the BCC (Item 16.D.20) voted to approve the Parks and Recreation Division request to begin the initial design and work plan associated with the construction of the open air cover over the finals courts at East Naples Community Park in preparation for the 2017 US Open Pickleball Championship on June 14, 2016. A budget of $300,000 was established and a feasibility study was conducted to determine design parameters. On August 22, 2016,the Tourist Development Council (TDC) recommended a Work Order to BS SW, Inc for design and permitting of the shade structure. On September 27, 2016 the BCC (Item 16.D.3) voted to authorize a work order and budget amendment for design, permitting and post design services for the shade structure. On October 11, 2016 the BCC (Item 16.F.4) amended the Hosting Agreement to add an additional three years to extend the time period until 2021. PROCUREMENT ACTION: On October 24, 2016, the Procurement Services Department released notices of Invitation to Bid No. 17-7055 to 1,670 vendors for construction of the East Naples Community Park (ENCP) Shade Structure. Sixty (66) bid packages were downloaded, and 2 bids were received on November 22, 2016, as shown below and on the attached Bid Tabulation. Staff reviewed the lump sum base bid and pricing for four Alternates. Facilities staff has elected to choose Alternates' one(1) and three (3). Staff is recommending an award to Compass Construction, Inc., the lowest, responsible and responsive bidder, for the base bid and Alternates one(1) and three(3). Contractor Base Bid Bid Alternate 1 Bid Alternate 3 35' Total Bid Stadium Lighting Structure Height 1 Compass Construction $665,018 $24,500 $54,500 $744,018 2 DEC $713,541 $114,606 $57,303 $885,450 The U.S. Open Pickleball Championship organizers anticipate in excess of 1,000 participants with an additional 10,000 spectators over the course of the six day 2017 US Open event, resulting in direct visitor spending of approximately$1.5 million to Collier County. ADVISORY BOARD RECOMMENDATION: On November 28, 2016 the Tourist Development Council recommended award of Bid No. 17-7055 to the lowest qualified responsive bidder for the ENCP Pickleball Shade Structure, Project No. 80341 with a vote of 6-0 and made a finding that this project expenditure promotes tourism. FISCAL IMPACT: This contract is intended to enhance the Pickle ball tournament infrastructure at East Naples Community Park and is expected to foster tourism and related marketing efforts as a result of the improvements. Consequently, the contract will be funded totally through tourist development taxes and Packet Pg.1748 16.D.24 12/13/2016 specifically through budgeted reserves within Tourism Promotion Fund (184). A budget amendment is required moving capital reserve dollars in the amount of$755,000 from Tourism Promotion Fund (184) to the appropriate capital project expense cost center within Tourism Promotion Fund (184). Capital reserve dollars for FY 2017, after the budget amendment within Tourism Promotion Fund (184) will total $5,845,300. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan from this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. -CMG RECOMMENDATION: That the Board of County Commissioners awards Bid No. 17-7055 to Compass Construction for the ENCP Pickleball Shade Structure in the amount of $744,018, Project No. 80341; makes a finding that this project expenditure promotes tourism; authorizes the Chairman to execute the Contract after final review by the County Attorney's Office; and authorizes the necessary budget amendments. Prepared by: Margaret A. Bishop,P.E., Senior Project Manager, Facilities Management Division ATTACHMENT(S) 1. 17-7055 -Bid Tab (XLSX) 2. 17-7055 -Contract Pickleball Shade Structure (PDF) 3.NORA (PDF) Packet Pg. 1749 16.D.24 12/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.24 Item Summary: Recommendation to award Invitation to Bid No. 17-7055 to Compass Construction for the "East Naples Community Park Pickleball Shade Structure" in the amount of $744,018, authorize the Chairman to execute the contract, make a fmding that this expenditure promotes tourism, and authorize the necessary budget amendments. Meeting Date: 12/13/2016 Prepared by: Title: Project Manager, Senior—Facilities Management Name: Margaret Bishop 11/08/2016 9:37 AM Submitted by: Title: Division Director-Facilities Mgmt—Facilities Management Name: Dennis Linguidi 11/08/2016 9:37 AM Approved By: Review: Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 11/08/2016 11:10 AM Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 11/22/2016 4:33 PM Facilities Management Hank Jones Additional Reviewer Completed 11/28/2016 10:37 PM Parks&Recreation Barry Williams Additional Reviewer Completed 11/30/2016 2:59 PM Facilities Management Dennis Linguidi Additional Reviewer Completed 11/30/2016 4:46 PM Tourism Jack Wert Additional Reviewer Completed 11/30/2016 8:52 PM Procurement Services Sandra Herrera Additional Reviewer Completed 12/02/2016 2:24 PM Procurement Services Ted Coyman Additional Reviewer Completed 12/02/2016 2:25 PM Public Services Department Amanda O.Townsend Additional Reviewer Completed 12/02/2016 2:39 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 12/03/2016 9:50 AM County Attorneys Office Colleen Greene Level 2 Attorney Review Completed 12/06/2016 3:30 PM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 12/06/2016 3:44 PM Budget and Management Office Ed Finn Additional Reviewer Completed 12/06/2016 4:29 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 12/06/2016 4:37 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 12/07/2016 9:47 AM "1 County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/07/2016 12:24 PM Packet Pg. 1750 16.D.24 12/13/2016 Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM Packet Pg. 1751 n E = o — ^ 0 o O VI 0 0 o t� z '- o o , `. 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COLLIER COUNTY BID NO. 17-7055 COLLIER COUNTY, FLORIDA Rhonda Burns, FCCN, CPPB, Procurement Strategist M Email: RhondaBurns@colliergov.net N Telephone: (239) 252 - 8941 FAX: (239) 252 - 6700 U 2 L C.1.5 a) Design Professional: BSSW Architects, Inc. d U_ rci w U 4- w O U uC ti ti a> U 4- +r PMTEMe€t SeTLIOBS DRK4111•3327 Taman Trail East•Naples Honda 34112-4%1•239252-8407.NM,'cellargo neUarocurermsnser ices- 1 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 Packet Pg. 1753 16.D.24.b TABLE OF CONTENTS PUBLIC NOTICE 3 PART B - INSTRUCTIONS TO BIDDERS 5 CONSTRUCTION BID 12 BID SCHEDULE 13 MATERIAL MANUFACTURERS 14 LIST OF MAJOR SUBCONTRACTORS 14 d STATEMENT OF EXPERIENCE OF BIDDER 16 15 TRENCH SAFETY ACT 17 in au IMMIGRATION LAW AFFIDAVIT CERTIFICATION 18 0 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W— 9 19 v� BID BOND 23 N BIDDERS CHECK LIST 25 CONSTRUCTION AGREEMENT 26 2 EXHIBIT A 1: PUBLIC PAYMENT BOND 32 EXHIBIT A 2: PUBLIC PERFORMANCE BOND 35 EXHIBIT B: INSURANCE REQUIREMENTS 38 cci) EXHIBIT C: RELEASE AND AFFIDAVIT FORM 42 as a, EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT 43 EXHIBIT E: CHANGE ORDER 44 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION 45 EXHIBIT G: FINAL PAYMENT CHECKLIST 47 EXHIBIT H: GENERAL TERMS AND CONDITIONS 48 0 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 75 EXHIBIT J: TECHNICAL SPECIFICATIONS 76 as EXHIBIT K: PERMITS 77 F EXHIBIT L: GEO REPORT 78 co EXHIBIT M: PLANS AND SPECIFICATIONS 79 EXHIBIT N: PROJECT DESCRIPTION 80 EXHIBIT 0: TOPOGRAPHY EXHIBIT 91 EXHIBIT P: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO PROJECT 92 2 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 Packet Pg. 1754 16.D.24.b Corner County Administrative Services Department Procurement Ser ce Division PUBLIC NOTICE INVITATION TO BID East Naples Community Park Pickleball Shade Structure COUNTY BID NO. 17-7055 Separate sealed bids for the construction of East Naples Community Park Pickleball Shade Structure, addressed to Rhonda Burns, Procurement Strategist, Procurement Services Division, will be received at the Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 22nd day of November, 2016, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened cn to the Bidder. The anticipated project budget is: $600,000. M A non-mandatory pre-bid conference shall be held at the Procurement Services Division, N Conference Room A, at 10:00 a.m. LOCAL TIME on the 2nd day of November 2016, at which 3 time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. a, Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, East Naples Community Park Pickleball Shade Structure, Bid No. 17-7055 and Bid Date of November 22, 2016". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. o Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Procurement Services Division website may not be accurate or current. ti Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. 3 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement: Revised 08312016 Packet Pg. 1755 16.D.24.b In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within One Hundred Thirty Seven (137) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of c time which, however, shall not extend beyond one hundred twenty (120) days from the bid v) opening date without the consent of the Successful Bidder. N Dated this 24th day of November 2016. BOARD OF COUNTY COMMISSIONERS 7.5 COLLIER COUNTY, FLORIDA BY: /s/ Edward F. Coyman Director, Procurement Services Division -a U) s C) . U_ w U co sC 0 U LC Lc" ti C) U co 4 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 Packet Pg. 1756 16.D.24.b PART B -INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect 6 who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced w in the Contract Documents may be assumed at any time by the Project Manager on behalf of Cl) the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any m of his/her duties specified in the Contract Documents to the Design Professional. co 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in N response to this solicitation. 1.5 The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. m 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, a properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. U Section 2. Preparation of Bids 0 U 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 15 - 29 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and o agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains 6 any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be u submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashier's check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the 5 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised C Packet Pg. 1757 16.D.24.b Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred twenty (120) day period 0 without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred twenty (120) days from opening, unless otherwise agreed by the Procurement Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Refect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. v Section 5. Signing of Bids ti 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a ca general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 6 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised C Packet Pg. 1758 16.D.24.b 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. 2 L Section 8. Interpretation of Contract Documents a) CIS 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents cn shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be N without legal effect. All requests for interpretations or clarifications shall be in writing and N addressed on the County's Online Bidding System to be given consideration. All such requests for interpretations or clarification must be received as directed in the Online Bidding System instructions and prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued via the Online Bidding System at their respective email addresses furnished for such purposes no later c, than three (3) working days prior to the date fixed for the opening of Bids. Such written c addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 'n. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. `o Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: ti a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect c performance of the Work; co c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of the Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be 7 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement: Revised C Packet Pg. 1759 I6.D.24.b accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements .5 It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in cn the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. 2 Section 11. Bid Quantities d 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions in make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in cu the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than twenty-five percent 7.5 (25%)from the estimate at the time of bid. 11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for the rejection of the 1";- submitted submitted bid response. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with Owner's then current procurement ordinance and policies. 12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Procurement professional of the Owner's Procurement 8 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement: Revised C Packet Pg. 1760 16.D.24.b Services Division or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Procurement Services Division generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current procurement ordinance and policies. A copy of the procurement ordinance is available at http://www.colliergov.net/Index.aspx?page=762. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such a copies. N 12.6 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute N 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. Section 13. Sales Tax w 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. o rr Ps Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay the Contractor for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. Owner will not be obligated to pay for any permits obtained by Subcontractors. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. 9 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement: Revised C Packet Pg. 1761 16.D.24.b Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 2013-69, as amended, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes E. Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 0 cn 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes M by any public contracting entity, or who has exhibited an inability to perform through any other means. d 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, Q the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. U Section 16. Prohibition of Gifts c No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part Ill, c Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative 1`7- 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 c to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Q Section 17. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other 10 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised C Packet Pg. 1762 16.D.24.b employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may -- serve as grounds for disqualification for award of this contract to the firm. Section 18. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or L perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." N Section 19. Reserved Rights cNi ED_ L Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also Collier 2 County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase c or decrease quantities to meet the additional or reduced requirements of Collier County. Collier a County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one or more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best interest of the County. Collier County reserves its right to reject any sole response. ti c U 11 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised C Packet Pg. 1763 (aanlona;s °pegs : gm) aan;onals °pegs Ilegaptold ;oea}uo3- gSOL-L quawyoefv COti N 0 t ca .�c C _.. co CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA East Naples Community Park Pickleball Shade Structure BID NO. 17-7051 Full Name of Bidder Compass Construction, Inc. Main Business Address 824 Lafayette Street Cape Coral, FL 33904 Place of Business 824 Lafayette Street Cape Coral, FL 33904 EE Telephone No. (239) 542-7118 Fax No. (239) 542-8648 State Contractor's License# CGCO25919 State of Florida Certificate of Authority Document Number Federal Tax Identification Number 59-2423658 DUNS # 122232754 CCR# Cage Code 5S0G4 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. NOTE: if you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. 12 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 16.D.24.b BID SCHEDULE AND BID PROPOSAL FORM East Naples Community Park Pickleball Shade Structure Bid No. 17-7055 T. Provided in two (2) Separate Files w a) ca EU. L w ri a3 U LO r to 13 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement: Revised 08312016 Packet Pg. 1765 E N 0_c C 0 > °� ro5 0s- 3 a' `^ 0 3 < °' z co = OO O 'O O O O O.. - O O O O 0o O O O O os 1 .--, O O O O '-+ 2.4 O : �. 0 N. O. V In Vs S = 0 64 6 °o N 0 �; o XX X XXX XXXX X X XXX X a• ; (!•) 5 ▪ I (1) w o , Q, .. C 0 ,, Q) t icy f, 0 I (..r) w Cr ' '7 +-+ m , ^ U i.= = Cf) c 0- C!) o (D "" N ro U rt CCI N V) : E i i-J CC CD i i 0 iv ' O 0 w ) o c N CTt I .- (n C 0) , CII - 0 CZ - 0 .= oo ..0 rt 4--, 1 .5j 0 a) 0 V 0 V 5 - 0 "- ++ 0 a) a) ra LI U — U 0 — un U c `° a 0 L a) c -o rt :s v ° �_ _ e c o a) i -0 a) U `ro a) 00 0 -0 Q N X _-' In 4- •'c Q as N N a) NM 0 0 'C 0 .-1 c to Z o � 30a, _ v, � o bD '0 = _ L 0 �- i :*' n co ra ao n Q .L a) L L t„ ra CD - N 4° 0 o a) U 0 12-:----3:. a) O Cf +=, > 0 c 0 0 0 0 U U v T ) -0 CU im 0 c 0 o o .� v a) -o ) I to C m (U ro a) _ L to 4— 51-- -z,- a) a, �' i Q Q O, tao -0 V1 ra@ 0 0 0 w -0 to > a) CO CO y +., by -0 N _0 a) C C U 4- C CO (n L ++ — as — v = L C a) C C N CO U a) a) to 0 , N d—+ •- a) r-, rs u Ln - — (aan;ona;S ape4S : SZEZ) aan;ona;S ePeLIS I1egepfoid ;3ea;uo3- 550L-LI. :;uewgloel1V ti N` N- 0 a m 9--- MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this fist. Complete and sign section AOR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Compass Cor action,Inc.. Signature: jr Date: 11/22/16 lug rE Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: Compass Construction, Inc. _ Signature: Date 11/22/16 Doug Oliver 14 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 (eanpona;S aPagS : SZ£Z) eanpna;S aPe is IleG81)10ld 43e.iwo3- SSOL-L I. :lueluiloellV co ti CV cG 4: 5 LIST OF MAJOR SUBCONTRACTORS a THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2013-69 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical AFC Electric 10550 Abernathy Street Bonita Springs,FL 34135 2. Structural USA Shade&Fabric Structures 8505-A Chancellor Row Dallas,TX 75247 3. Plumbing N/A 4. Site Work Compass Construction,Inc. 824 Lafayette Street Cape Coral,FL 33904 5. Material Fabricator 6. Other: N/A Company: Compass Consiction,Inc. Signature: r Date: 11/22/16 Do`L>b 15 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement.Revised 08312016 .a (aJnpn.gS ape4S : sz£z) ainpna4s apeilS ileGapiald ;oe. .uoa - SSOL-L I. :}uewyoe;;V a v N ti d ` a % 0) c"— STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project and Location Reference 1. East Naples Pickleball Courts Naples, FL Margaret Bishop 2. City of Ft. Myers Storage Canopy Ft. Myers, FL Scott Musheff 3. Vanderbilt Beach New Restroom Facility, Naples, FL Margaret Bishop 4. Shade Structures at the Peninsula at Miromar Lakes, Estero, FL Ray Haddad 5. Ochopee Fire District Station#611 Port of the Island Marina, Naples, FL Robert Fuentes 6. Landfill Household Hazardous Waste Disposal, Naples, FL Dayne Atkinson Company: Compass Coiis ction , Inc. s- }i / Signature: , .{ , .-------- Date: 11/22/16 Doti`O 16 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement.Revised 08312016 .a, (aanpna}S ape4S : SZ£Z) ape4S Ilegal ald loealuo3- SSOL-LI. :;uauayoe1, y o r— cv r- a aCD_ G TRENCH SAFETY ACT n.`s Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) (LF,SY) 1. misc.cut back and sloping LS 1 $1,000.00 $1,000.00 2. 3. 4. 5. TOTAL$ 1,000.00 Failure to complete the above may result in the Bid being declared non-responsive. Company: Compass.fonstrt ion, Inc. Signature: /' ' ,€ - Date: 11/22/16 D brigalgia er---'r 17 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 .a (a.tnpn.t#S ape4S : sz£z) aan;ona;S apetlS Ilegalxold pea}uo3 - SGOL-L . :4uauayoeiw et: 1— C4 Ci r Caller County a w 65 Administrative Services Department Procurement Services Division r' Immigration Law Affidavit Certification i Solicitation: 17-7051 ( i This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals(RFP)submittals. Further, Vendors/Bidders are required to g enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the 3 vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company u Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to C include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e) of the INA shall be grounds for unilateral termination of the contract by Collier County. 1 Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with s E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/ Bidder's proposal. Company Name Compass Construction,Inc. Print Name Doua1.1! 've„ i Title President Signature _ Date 11/22/16 State of Florida { County of Lee I The foregoing instrument was signed and acknowledged before me this 22 day of November , 2016 , by Doug Oliver (print or type name)who has produced I .lit, 14,r~lct a (type of identification and number) as identification. `f 1 s} t 1. c , ...a. ems Notary Public Signature —'6 Y\ r f' ) t _ t C t y.p" Fy` Ne.,.. Notary Public State of Florida Marjorie M Silverberg Printed-Fume of Notary Public I My Commission FF 160182 orad° Expires 09/16/2018 Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 18 17-7055 ENCP Pickieball Shade Structure Construction Services Agreement:Revised 08312016 (aan;ana#S aPegs : SZ£Z) aanlon.gs aPe1IS llecIaPI3!d ;oea4uo3- 990L-L CV ti N r Il I Company ID Number: 327092 THE EBVERIFY PROGRAM FOR EMPLOYMENT VERIFICATION tiEMORAWDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY 4 ; This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Compass Construction, Inc. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E- Verify). This MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E-Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E-Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsiblefor the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). (einpni opals : sz£z) ammon.i;s opals Ileciapfald ;oealuo3- 990L-LI. :luat.upef' ' N: N- � r a E_ver rale Jr " ISA ', Illliii ;� ca Company ID Number: 327092 4. SSA agrees 1 to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. i B. RESPONSIBILITIES OF ©HS 1. After SSA verifies the accuracy of SSA records for aliens through E-Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: 1 • Automated verification checks on alien employees by electronic means, and • Photo verification checks (when available) on employees. 2. DHS agrees Ito provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. OHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to beContacted during the E-Verify process. 3. DHS agrees to provide to the Employer a manual (the E-Verify User Manual) containing instructions on E-Veritiy policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify. 4. DHS agrees -o provide to the Employer a notice, which indicates the Employer's participation in the E-Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative (aamona;S aPegIS : SZ£Z) aamona}S epegS IlegeJM3ld peawo3- 9SOL-LI• :wauayoewif ti N a) Ise 115 • E_ „ erly rts Ili�lll 0_ Company ID Number: 327092 nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees 1 to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non-match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of �eferral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer, agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E-Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 4. The Employer: agrees that any Employer Representative who will perform employment verification queries will complete the E-Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E- Verify, ,including any tutorials for Federal contractors if the Employer is a Federal contractor. B. Failure;to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: • If an employee presents a "List B" identity document, the Employer agrees to only accept "List B documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact;E-Verify at 888-464-4218. • If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form 1-766 (Employment Authorization Document) to complete the Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non-matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1-9. OHS may in the future designate other documents that activate the photo screening tool. a 3 of 13 i 1r L. �!.� >=�. Jut=i,15:OE (aJn4onJ;s aPeLIS : gZ£Z) eimon.i;S epegS llegepfald pe.iquo3 - SSOL-LI. :;uewyoeny ti r� t' - am' - L1SA a. Ever! uliol •- c�--� Company ID Number: 327092 6. The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E-Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E-Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and j(5) no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1-9 compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E-Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form 1-9 have been completed), and to complete as many (but only as many) steps of the E-Verify process as are necessary according to the E-Verify User Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. 1-the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the SSA verification response has been given. Employers may initiate verification by notating the Form 1-9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E-Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer;agrees not to use E-Verify procedures for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MpU. Employers must use E-Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article II.D, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and OHS information pursdhant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article Ill. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions td employees, allowing employees to contest the finding, and not taking Page G or ,_ 9g (ainlon.gg opals : Sz£z) aan;ona;s °pegs IIegapf3id ;oea;uo0- SSOL-LI. :;uewyoe;;,y N „F, „ ® „no. es). USA a : 1111111,' a Company ID Number: 327092 adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non-match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve he challenge. 10. The Employers agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(I)) that the employee is lot work authorized. The Employer understands that an initial inability of the SSA or DHS aptomated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non-match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, pr otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non-match or if a secondary verification is completed and a final lnonconfirmation is issued, then the Employer can find the employee is not work authorized and [terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 or OSC at 1-800- 255-8155 or 1-800-237-2515 (TDD). 11. The Employer;agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA by Inot discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 274B(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration-related employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Ernployer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen lcontaining the case verification number and attach it to the employee's Form 1-9. 13, The Employer]agrees that it will use the information it receives from SSA or DHS pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as (aanma;S °pails : SZ£Z) eanmonagS wails ileciaplow ;oealuo3- SSQL-L . :}uewq{oely ti . ti N N- 0. E-Veril IIIIiII_,-` m V.--- -. - --'.'EP._. SS?. :L'•..._ _. Cru- f -. Company ID Number: 327092 authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to 'protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer] agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1-9 and'other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. The Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "empl yee assigned to the contract" (as defined in FAR 22.1801) in addition to verifying the employment eligibility of all other employees required to be verified under the FAR. Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. a. Federal contractors not enrolled at the time of contract award: An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E-Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 Hsiness days after the date of hire. Once enrolled in E-Verify as a Federal contractor, the Employer must initiate verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. b. Federal contractors already enrolled at the time of a contract award: Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must he initietedHithin 3 business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must initiate verification of each employee assigned to the (eJnpnu}S apegIS : SZ£Z) ainpni °pegs Ilegapiald pe.Iwo3- g90L-Lt. co t, • a. r Vti» USA ly a Company ID Number: 227092 contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local goveriments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Stack Federal contractors may, however, elect to verify all new hires, and/or all existing employee hired after November 6, 1986. The provisions of Article II.D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. d. Verification of all employees: Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who Here hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E-Verify verification of all existing employees within 1801 days after the election. e. Form II-9 procedures for Federal contractors: The Employer may use a previously completed Form i-9 as the basis for initiating E-Verify verification of an employee assigned to a contract as long as that Form 1-9 is complete (including the SSN), complies with Article 11.0.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1-9 for work authorization has notichanged (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form 1-9 complies with Article 11.0.5, if the employee's basis for work authorization as attested in section 1 has expired lior changed, or if the Form 1-9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1-9 consistent with Article Il.C.5, or update the previous 1-9 to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid and up-to- date and the form otherwise complies with Article I1.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article Ii.C.5, subject to any additional or superseding instructions that may be provided Ion this subject in the E-Verify User Manual. Nothing in this section shall • be construed to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing emploYee by any Employer that is not a Federal contractor. 2. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. o` (eJn}anJ;S epe4S : SZ£Z) eimana;S epe4S Ileaapiald peaauoo- SSOL-L6 :;uewyoe#3b' c, N ti 0 ' , USA = 1111111,? cz - Company ID Number: 327092 ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so thatIthe employee may determine whether he or she will contest the tentative nonconfirmation. 2. The Employee will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system-generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more:than 10 days is necessary. The Employer agrees to check the E-Verify system regularly for case updates. 4. The Employer; agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA!. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non-match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non- match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non-match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible (eAnlonJls epegs : gm) asn;onals veils llegapp d loealuo3- S50L-LI :luewyoe;l,y o` t- N t 1111111 y 0_ Company ID Number: 327092 after the Employer re'eeives it. 4. If the employe(e contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employe contests a tentative nonconfirmation based upon a photo non-match, the Employer will provide;the employee with a referral letter to DHS. DHS will electronically transmit the result of the referr1al to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employeri agrees that if an employee contests a tentative nonconfirmation based upon a photo non-match, the Employer will send a copy of the employee's Form 1-551 or Form 1-766 to DHS for review by: Scanning and uploading the document, or s Sending a photocopy of the document by an express mail account (furnished and paid for by DHS). 7. The Employer understands that if it cannot determine whether there is a photo match/non-match, the Employer is required to forward the employee's documentation to DHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non-match. •• ARTICLE IV SERVICE PROVISIONS SSA and DHS will not,charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access the E-Verify System, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by OHS or SSA, including but not limited to the E-Verifychecking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manuat E ring without changes to E-Verify OHS reserves the right to req(lira employers to take .a (ain;ona;s apegs : sz ) ainmon.i;s veils Ilegapold pe.quo3 - gs0L-LI, :luewgoemy o NI- c N- " 2,„,....,„:„. ,;,„,..„, .. s_ver fy ' 1111111 , Y t Company ID Number: 327092 mandatory refresher tutorials. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such circumstance, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, that Employer will remain a participant in the EFVerify program, will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligi ility of all newly hired employees. B. Notwithstandig Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because Of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Enjployer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. 1 C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. i D. Nothing in thid MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including; (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the;Employer. F. The Employers understands that the fact of its participation in E-Verify is not confidential information and may Ibe disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of''Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between OHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and OHS respectively. Aunlon.qSopaqs : g3Cr\ aumon4Sems | eqmpo!6looiluoo' :luawqooly (NI co ^r; E-Veri. y ,�= ." ^ ==tISA Company ID Number: 327092 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. /f you have any questions, contact E-Verify at 888-464-4218. Employer Compass Construction, Inc. John Reed mumeip�eu�*������'w/T-- ---- - ---- Title --'-- - 05/13/2010Signature ---------- --------- Date ------------------'----' Department of Homeland Security-Vorifioobon Division USCIS Verifii Dik ision wamerp'eeser,p~o,p."t/ n~/e SlL7/r�1 05/13/2010 s`o�sm,e os,e _C2 (ainlon.ns epeqs : SZCZ) eimon.qs epeqs Heqapioid pelluo0 - ;OL-LI- :luewqoelly cn 4 co c.1 r- cs5 1 i % if - e4,----. '4:- 'i::- -4,,ty — 1, ...c V '!•-z -....-.' mm ,,,,P Company ID Number: 327092 nformation Required for the E-Verify Program information relating to your Company: Company Name:: Comptes, ConsiTi. ...ig)n,Inc, Company Facility Adiress: 624 Lai'ayele Si 1 Cape Coral, FL 33904 Comoiny Alternate Adcress: 824 Lafayette. Cape C;orei, Ff. •:,:-..-Fick. ".-...„ County or Parish: LEE I — Employer identification Nunther: 592423656 North American in ustry Classification Systems 'oda: 235 Parent Company: Number of Emolo fees: 10 to 19 Number of Sites Velfied for: 1 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: • FLORIDA I 1 site(s) Pig.L-12 of 111 f' ,-.',1,10L)fof 4Oo. .n (a.in;onJ4S epegIS : SZ£Z) ainpon.o}S apegS Ilegapiold ;oe4uo3- S9OL-L6 :;uawgoe3V coti N Q i ^ d ki4 e q r • A ' ►111111.' ,� t.., •_•• -b-.1,—, v14:,. r ..-srr<-r..».. a. r.. u... o-..w<w....y.._..i.�...�...�.�...c,....,_.:est..--sr....•u.+..,.. JcRSr S- }SYP':..: ^P`:94: (Z a. Company ID Number:L7092 Information relating top the Program Administrator(s)for your Company on policy questions or operational problems Name: Jbhn R Reed Telephone Number: (239)542-7118 Fax Number: (239)542-2748 E-mail Address: r feed@ compassconstruction.com I I i 1 /'`o, 1 1 1 I i 1 I /.." eUB 13 r 1 ,.1.101 '� . ... mlo e.- , ..,- '')? - - I I (aanlon.q epegS : gZ£i;) animals epeiS Ilegaptold 13e.quo3 - cgOL-Ll CO :;uauagoei}tf �n ti cc; CO Mer County d Administrative Services Department Procurement Services Division c• COLLIER COUNTY SOLICITATIONS SUBSTITUTE W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name Compass Construction,Inc. (as shown on income tax return) Business Name Compass Construction,Inc. (if different from taxpayer name) Address 824 Lafayette Street City Cape Coral ( State Florida Zip 33904 Telephone (239)542-7118 FAX (239)542-8648 Email doliver@compassconstruction.com Order Information Remit/Payment Information Address 824 Lafayette Street Address 824 Lafayette Street City Cape Coral State Florida Zip 33904 City Cape Coral State Florida Zip 33904 FAX (239)542-8648 FAX (239)542-8648 Email doliver@compassconstruction.com Email doliver@compassconstruction.com 2. Company Status (check only one) Individual/Sole Proprietor X Corporation _Partnership Tax Exempt(Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC !! 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) 59-2423658 (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under. aiti-:of J erjury, I certify that the information shown on this form is correct to my knowledge. Signature Date 11/22/16 Title President Phone Number (239)542-7118 19 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 - >- 0 L y 19 t vg• sci, i }•• �''��,O til a O „,,-„,..- o p Z o CO o O N. k Z o Z ,-- a Yp a. U -IU - CDQ ..., o p xa a i cf) U y N oN Qa ` ` Q( ay m O E� o PZ .17,1 O -, / v Z C a V)U) L,-, d WW - m Z W poU ,, r ❑ �l .co W per. LC d J I /-•i (/1 i E' m LI O N 1.r LLLU Z .� _ Q I - - O Qm z ,-.1 -1 �a W NQ CO pUi DQ W E- z z . ' >g O O v �o , m ; -4 hy ; 1- O�N „"' p Ste' 4 Ci c, Z Z t r� a 1� V W3);p Cl)0 Z , 0 0 0 0 5 U ll, d - 1 U V 4-• � , war 1 T Zj U a o M 1 W in c) a ter` Q~w -co CD W Cl. z _- i_i<L1.0.,_... Z )V) o U jci - o0 0Uo o Z 3 , c m Orn r zW ~ : .)� M wH * HZ � mW o w ow podW ,nO O U _' a Zv � U UU).� . co< 0 Cl) ¢ N v 0 O °' onLI a ca ° U U W o Z7; � >� V, trl w W ? a U 0 F,-°-c o`@ OUooU)U Q cA 4 COU U O CCO U FE v NE-oiz _cmcx r zJ uJ ---1-... T m C) x CS) CLI 'v CA Attachment: 17-7055 -Contract PickiebaU Shade Structure (2325 : Shade Structure) is /22/21 (ein}onags °pegs : sz£z) aan;onais °pegs llegapiold 4oealuo3- SSOL-Ll. :;uauagoellV co N ti ' O � tp 1:33:57 PM 11/22/2016 t e— fl Licensee Details Licensee Information Name: SELECT STRUCTURAL (Primary Name) Main Address: PO BOX 151251 CAPE CORAL Florida 33915 County: LEE License Mailing: LicenseLocation: License Information License Type: Certificate of Authorization Rank: Cert of Auth License Number: 28357 Status: Current Licensure Date: 12/08/2008 Expires: 02/28/2017 Special Qualifications Qualification Effective Alternate Names View Related License Information View License Complaint 2601 Blair Stone Road,Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer.Copyright 2007-2010 State of Florida. Privacy Statement Under Florida law,email addresses are public records.If you do not want your email address released in response to a public-records request,do not send electronic mail to this entity.Instead,contact the office by phone or by traditional mail.If you have any questions,please contact 850.487.1395. *Pursuant to Section 455.275(1),Florida Statutes,effective October 1,2012, licensees licensed under Chapter 455,F.S.must provide the Department with an email address if they have one.The emails provided may be used for official communication with the licensee. However email addresses are public record.If you do not wish to supply a personal address,please provide the Department with an email address which can be made available to the public.Please see our Chapter 455 page to determine if you are affected by this change. https://www.m yfloridalicense.com/LicenseD etai I.asp?SID=&id=B70B58FB81 D E7B656FF2930ED 148246B 1/1 (aanlonalS epeuS : SZ£Z) aanlonalS epegS Ilegopiold loealuo3- SS0L-L 4 :luewgoelid co coco N 0 cc 0- Upon Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form ---. attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within One Hundred Seven (107) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within Thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of Florida County of Collier Doug Oliver , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Doug Oliver , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida which operates under the legal name of Compass Construction , and the full names of its officers are as follows: President Doug Oliver Secretary Peter Olsen Treasurer Peter Olsen Manager Lawrence Oliver, Principal 20 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 3 (aan;on.gs epeLs : sz ) a.in;ona;s ape4s Itegepiold ;oe.quo3 - 990L-L L :;uawyoe;;'d N F- 6 t0 a The is-a ethori-zed-to-sign-een trttetion bids and contracts-for- _v the-company by action o hectors taken , a coFtifieel copy of whi-- -- - : = -ehed (strike out this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is , and if operating under a trade name, said trade name is Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous page. DATED 11/22/16 Compass Construction, Inc. legal entity __ .' ; / ' / BY: Doug Oliver Witness); / Name,>a ;Bld• ` yped) r F Witness Sigit President Title 21 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 .c (aan;on.qs ape4S : GM) aamonals apeLls Ilegalold ;oeaquo3- SSOL-Ll. :;uawyoewy o c t~ N r 0 ` 6 a r STATE OF Florida m Y —S V COUNTY OF Lee a� The foregoing instrument was acknowledged before me this 22 day of November , 2016 , by Doug Oliver as President of Compass Construction, Inc. , a Florida corporation, on behalf of the corporation. He/she is ersonally known to me or has produced as identification and did (did not) take an oath. en r My Commission Expires: ri i 12..G-i`e ,k; ''7�i f-, ': \A1 :..-1- i? ,o (Signature 2,Notary) row 00e6 Notary Public State of Florida Marjorie M Silverberg4 NAME: `rs l l `' 6. t1 ev I- ' 5 1-1 dj My Commteelon FP 180182 -'' '701,14r Expires 08/18/2018 -(Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of '"`� "_ Commission No.: s--' , _,-7.' s':1 • int 22 17-7055 ENCP Picklebail Shade Structure Construction Services Agreement:Revised 08312016 (aJnlonalS apegS : GM) a.inpnAg apegS IleciaPiold ;oealuo3- cSOL-LI. :1ue 1-1321 y of � G a) m BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Compass Construction, Inc. (herein after called the Principal) and FCC I tA(CI nCe Cr f n\/ (herein called the Surety), a corporation chartered and existing under the laws of the State of Florida with its principal offices in the city of Sarasota and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Government Purchasing Depailment (hereinafter called the Owner), in the full and just sum of Five Percent of the Amount Bid dollars ($ 5%of the Amount Bid ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for 5 furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as East Naples Community Park Pickleball Shade Structure East Naples Community Park Pickleball Shade Structure Bid No. 17-7051 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 5%of the Amount Bid noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. 23 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 { (aan;on.gg spays : SZ£Z) aan;ons;s opals Ilegappid ;oea;uo0- 990L-L I• :;uauayoe;;b' c•I N 1— to a a) CS e a IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be s duly signed and sealed this 22nd day of November , 2016 . Compass Construction, Inc. Principal BY �--�----, (Seal) FCCI Insurance Compa/n . Surety Ii�,�`t � (Seal) Brett A.Ragland,Attorney in FaclFlorida Licensed Resident Agent Countersigned N/A I Local Resident Producing Agent for FOCI Insurance Company I tl s I III 1 } jSq 1 3 I 3 1 I 24 1 17-7055 ERCP Pickleball Shade Structure j Construction Services Agreement:Revised 08312016 I 2 i sZ (aanlonals apegs : Sz£z) aanlonals apeus liegalmold loealuo3 - SSOL-LI. :luawgoelltl 1U-u4UO2 tD a INSURANCE' cu GROUP v More than a policy. A promise. GENERAL POWER OF ATTORNEY Know all men by these presents: That the FCCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida (the"Corporation") does make, constitute and appoint: Joseph D Johnson Jr.; Brett A Ragland; Deidre Sullivan;Kanani H Cordero Each, its true and lawful Attorney-In-Fact, to make, execute, seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of(not to exceed $5,000,000): $5,000,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. In witness whereof,the FCCI Insurance Company has caused these presen s to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 22ND day of Se•tember , 2011 . 41011166Attest: I ' OovYL.Jy71. •u Crai. •hn n, President LL: SEAL < Thom-;f. Koval Esq., EVP, Chie zgaJ.Officer, FCCI nsur ce Company 199-1 Gov-! ment Affairs and Corporate Secretary As V, `, FCCI Insurance Company State of Florida County of Sarasota Before me this day personally appeared Craig Johnson, who is personally known to me and who executed the foregoing document for the purposes expressed therein. �++y Adan Alamo My commission expires: 9/25/2020 * *N«.rywa,:c,su of (2/44.1-4-0<_e 'cam Commission No.GG 19777 N1y Commission Expires:09!25/2 Notary Public • State of Florida County of Sarasota Before me this day personally appeared Thomas A. Koval, Esq., who is personally known to me and who executed the foregoing document for the purposes expressed therein. Arlene AlamoMy commission expires: 9/25/2020 4 *Nauywak.State ofFlom& u1,(:) Commiawn No GG 19777 . MyCommiaewnEzpira:omsno Notary Public CERTIFICATE I, the undersigned Secretary of FCCI Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 24, 2011 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force. if Dated this ' day of' `l,t :) ._ , Ci Thoma . Koval, Esq., EVP, Legal Officer, Gov r ent Affairs and Corporate e - ary 1-1ONA-3592-NA-04, 8/16 °L7 g.Dt.:i{ feu ..175, CrL.,, Lrr, (animals °pegs : SZ£Z) an-1;3114s °Pegs Ilegalmom logia;uo3-SSOL-LI• :luawre;ly t•- a) ,a) THIS SHEETMUST BE SIGNED BY VENDOR CC BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Procurement Services Division BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: Vl. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, descriptive literature, etc. have been included. 5. Any delivery information required is included. 'p6. Immigration Affidavit completed and the company's E-Verify profile page or memorandum of understanding /7. Certificate of Authority to Conduct Business in State of Florida and the County's Substitute W9 /8. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been included. v'9. Any addenda have been signed and included. V1O. The mailing envelope has been addressed to: Procurement Director Collier County Government Procurement Services Division 3327 Tamiami Trail E Naples FL 34112 ✓11. The mailing envelope must be sealed and marked with: Bid Number; 17-7055 t=>Project Name; East Naples Community Park Pickleball Shade Structure Opening Date. November 22, 2016 12. The Bid will be mailed or delivered in time to be received no later than the specified opening date and time, otherwise Bid cannot be considered. 13. If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Compass Construction, Inc. 11/22/16 Bid Nam Date / f / - President S,jea{ "itle CONSTRUCTION AGREEMENT 25 17-7055 ENCP Pickieball Shade Structure Construction Services Agreement:Revised 083 12016 sz (aan}onalS apegS : 5Z£Z) aan;ona;S apegS ilegap{ofd ;oeatuoo - 990L-L I, :wawgoepy 11-, 4 os Csti 0 m a a< a) ,4 Ccrer County Email: rhondaburns@colliergov.net ' Administrative Services Division Telephone: (239) 252-8941 Procurement Services FAX: (239) 252-6700 ADDENDUM 1 Memorandum Date: October 25, 2016 From: Rhonda Burns, FCCN, CPPB, Procurement Strategist To: Interested Bidders Subject: Addendum 1: 17-7055 East Naples Community Park Pickleball Shade Structure The following is issued as an addendum identifying the following change(s) for the referenced solicitation and/or clarifying material questions received: CORRECTION: Replace the following attachments with updated documents: • Bid Proposal Form • Design Build Criteria • Geotech Report • Project Requirements • Bid Summary • Specifications • Topo Exhibit cc: Margaret Bishop, Project Manager, Facilities Management Division Enc: 7 Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitatie ' r14- P4 y° +w / (Signatt rre) `" Dgte .0 :a°ti**t'S c-ILS"Ta-G,c T',o' t 6,:'� (Name of Firm) ' ` 1 Addendum 1 1 Ja (ain;ona;s apegs : sZ£Z) aan;anafs apegs Ileciapfald ;aea;uo3- 990L-LI. :;uewgoellY c of C) . N ~ d cocnd a) as CoMer er unty Email: rhondaburns@colliergov.net °' Administrative Services Division Telephone: (239) 252-8941 Procurement Services FAX: (239) 252-6700 ADDENDUM 2 Memorandum Date: November 1, 2016 From: Rhonda Burns, FCCN, CPPB, Procurement Strategist To: Interested Bidders Subject: Addendum 2: 17-7055 East Naples Community Park Pickleball Shade Structure The following is issued as an addendum identifying the following change(s) for the referenced solicitation and/or clarifying material questions received: CHANGE: Conference Room A, at 10:00 a.m. LOCAL TIME on the 2nd day of November 2016, at Documents for this Proje • A non-mandatory pre-bid meeting will be held on November 2, 2016, at 10:00 am, Naples local at the East Naples Community Park, Pickleball Court, located at 3500 Thomasson Drive, Naples, FL 34112. C: Margaret Bishop, Project Manager, Facilities Management Division Please sign below and return a copy of this Addendum with your submittal for the above referenced solic' = '; fi i / (Signatu e) Date / 77 `i,D,c-SS t S► . c rl 114, (Name of Firrn) ', , Addendum 2 1 (aan}ona}S apegS : SZEZ) aan}ona}s apeiS liegapiald ;aea}uo3- gSOL-LI. :}uawgoe}}y 1— N r. 0 , co a d Co ler County Email: rhondaburns@colliergov.net Administrative Services Division Telephone: (239) 252-8941 Procurement Services FAX: (239) 252-6700 ADDENDUM 3 Memorandum Date: November 4, 2016 From: Rhonda Burns, FCCN, CPPB, Procurement Strategist To: Interested Bidders Subject: Addendum 3: 17-7055 East Naples Community Park Pickleball Shade Structure The following is issued as an addendum identifying the following change(s) for the referenced solicitation and/or clarifying material questions received: CORRECTIONS: Item 1. Specification Section 2.1 — E: Wind design requirements are minimum 170 mph, not 140 mph as stated. Item 2. Drawings: Sheet C-2 Replace sheet C-2 with sheet C-2 (Attached), revised dated Nov. 4, 2016 cc: Margaret Bishop, Project Manager, Facilities Management Division Enc: 1 Please sign below and return a copy of this Addendum with your submittal for the above referenced solic' itn. ' � //` 2 (Signage) ` Date X55 � � r (Name of Firm) Addendum 1 1 m (aan}onats aPe4S : 5Z£Z) aamonals ape4S Ilecial)43ld ;oeawo3- S50L-LI. :luawyoefly 00 0; a d 0 Co ie-ir County Email: rhondaburns@colliergov.net e Administrative Services Division Telephone: (239) 252-8941 Procurement Services FAX: (239) 252-6700 ADDENDUM 4 Memorandum Date: November 9, 2016 From: Rhonda Burns, FCCN, CPPB, Procurement Strategist To: Interested Bidders Subject: Addendum 4: 17-7055 East Naples Community Park Pickleball Shade Structure The following is issued as an addendum identifying the following change(s) for the referenced solicitation and/or clarifying material questions received: CHANGE: Bid schedule to reflect "Invitation to Bid on the East Naples Community Park Pickleball Shade Structure". ADDED: To the Bid Schedule "Base Bid" on the first line that requires pricing. Corrected the order of the Alternates. REMOVE AND REPLACE with all references to Design-Build in all Exhibits and solicitation documents, Replace "Design-Build" with "furnish and install". CLARIFICATION: The low bidder will be required to provide Engineered Shop Drawings to the Engineer of Record and get approval prior to the recommendation for award. CLARIFICATION: A limited Notice to Proceed will be issued upon Board of County Commissioners approval on December 15, 2016 (anticipated). Permit package must be submitted by January 16, 2017. Permit delays, through no fault of the contractor, will not be assessed liquidated damages. Please sign below and return a copy of this Addendum with your submittal for the above referenced soiation. 7,1 ir iiAZ 4 (Sigru - / Date G l P ss CJsTtfrcr,Jird4. (Name of Firm) ' Addendum 1 1 I6.D.24.b CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Compass Construction, Inc. ("Contractor") of 824 Lafayette Street, Cape Coral, FL 33904, a Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with East Naples Community Park Pickleball Shade Structure, Bid No. 17-7055 ("Project"), as said Work is set forth in the Plans and Specifications prepared by BSSW Architects, Inc., the Engineer and of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: m Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating 0 thereto. All of the foregoing Contract Documents are incorporated by reference and made a N part of this Agreement (all of said documents including the Agreement sometimes being referred •• to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as M the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. w B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents L and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. co Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. The base bid plus Alternates 1 and 3 and included in the Scope of Work. 0 Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to c the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Seven Hundred Forty Four Thousand and Eighteen Dollars($744,018.00). a) Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.00v/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. 26 CAI 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 Packet Pg. 1799 16.D.24.b B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the d Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site 5 prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve a) Substantial Completion within One Hundred Seven (107) calendar days from the tsct Commencement Date (herein "Contract Time"). The date of Substantial Completion of thecn Work (or designated portions thereof) is the date certified by the Design Professional when •. construction is sufficiently complete, in accordance with the Contract Documents, so Owner can M occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within Thirty (30) calendar days after the date of d Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As u used herein and throughout the Contract Documents, the phrase"Project Manager" refers to the in Owner's duly authorized representative and shall mean the Division Administrator or -aa Department Director, as applicable, acting directly or through duly authorized representatives. ct cn B. Liquidated Damages in General. ca Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner 0 will suffer financial loss if Contractor fails to achieve Substantial Completion within the time 2 specified above, as said time may be adjusted as provided for herein. In such event, the total a amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of cz calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but o not as a penalty, One Thousand Five Hundred ($1,500.00) for each calendar day thereafter 0 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, inti Owner shall also be entitled to assess and Contractor shall be liable for all actual damages ti incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at c E. his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right v which it may have to seek to characterize the above noted liquidated damages as a penalty, :° which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period fails on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 27 17-7055 ENCP Picklebali Shade Structure Construction Services Agreement:Revised 08312016 Packet Pg. 1800 16.D.24.b D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time �, extensions. m 7.1 F. Completion of Work by Owner. in In the event Contractor defaults on any of its obligations under the Agreement and Owner elects a) to complete the Work, in whole or in part, through another contractor or its own forces, the 0 Contractor and its surety shall continue to be liable for the liquidated damages under the -F Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a M result of any unreasonable action or delay on the part of the Owner. E G. Final Acceptance by Owner. = The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor tri in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract ca 0 Documents. , H. Recovery of Damages Suffered by Third Parties. a Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. ii Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related E damages that may be owed to it arising out of or relating to this Agreement. wo U Section 6. Exhibits Incorporated. 47 in 0 Exhibits Incorporated: The following documents are expressly agreed to be incorporated by ti reference and made a part of this Agreement for Solicitation 17-7055 East Naples Community r Park Pickleball Shade Structure. a) Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements LI Exhibit C: Release and Affidavit Form Q Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Geo Report 28 17-7055 ENCP Picklebali Shade Structure c Construction Services Agreement:Revised 08312016 Packet Pg. 1801 16.D.24.b Exhibit M: Plans and Specifications prepared by BSSW Architects, Inc. and identified as follows: ENCP (East Naples Community Park Design Build Shade Structure as shown on Plan Sheets Cl through C5. Exhibit N: Project Description Exhibit 0: Topography Exhibit Exhibit P: Contractor's List of Key Personnel Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: L Collier County Government—Facilities Management Division d 3335 Tamiami Trail East, Naples,FL 34112 (239) 252-6857 Telephone Margaret Bishop, PE, Senior Project Manager 1.0 MargaretBishop@colliergov.net Co) B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Compass Construction, Inc. 824 Lafayette Street, Cape Coral, FL 33904 (239) 542-7118 Telephone; (239) 542-8648 Fax Doug Oliver, President doliver@compassconstruction.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. ° U 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as ti follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of acts public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. 29 17-7055 ENCP Picklebail Shade Structure Construction Services Agreement Revised 08312016 Packet Pg. 1802 16.D.24.b Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. ". The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. CD Co Section 13. Entire Agreement. U, Each of the parties hereto agrees and represents that the Agreement comprises the full and N entire agreement between the parties affecting the Work contemplated, and no other agreementCN or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. a) Should any provision of the Agreement be determined by a court to be unenforceable, such a �-- determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. c) The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures 0 Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius r-- contra contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the cu benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 30 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 Packet Pg. 1803 16.D.24.b, IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Compass Construction, Inc. By: FIRST WITNESS a, Print Name and Title Date z Print Name 6 L IIy^ a) SECOND WITNESS c!) Print Name N E' L Date: OWNER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Dwight E. Brock, Clerk -c BY: BY: 2 Donna Fiala, Chairman Date pproved as to Form and Legality: ra U . County Attorney Ass i o ti Print Name c a) ' r U lC 31 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 C Packet.Pg. 1804 16.D.24.b EXHIBIT A 1: PUBLIC PAYMENT BOND East Naples Community Park Pickleball Shade Structure Bond No. Contract No. 17-7055 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ )for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. a) cc WHEREAS, Principal has entered into a contract dated as of the day of 20 , with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. a) THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, in supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the a prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. d The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. U IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. C) U CSS .r+ 32 -r 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 �9C3 Packet Pg. 1805 16.D.24.b Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: U 2 L STATE OF COUNTY OF ca The foregoing instrument was acknowledged before me this day of 20_, in by as of , a corporation, on behalf of the M corporation. He/she is personally known to me OR has produced as N identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) NAME: cc (Legibly Printed) c� a> (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: ca w c (Printed Name) ,r, 'sr (Business Address a E (Authorized Signature) Witnesses to Surety (Printed Name) 33 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 CAO Packet Pg. 1806 16,D.24.b OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) w 2 L U) a) (Business Address) (Telephone Number) M N d STATE OF COUNTY OF C3 The foregoing instrument was acknowledged before me this day of , 20 , by , asct of Surety, on behalf of Surety. He/She is personally known to me OR has produced • as identification and who did (did not) take an a) oath. My Commission Expires: (Signature) Name: U° (Legibly Printed) Lc) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: a) U 34 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 0 Packet Pg. 1807 16.D.24.b EXHIBIT A 2: PUBLIC PERFORMANCE BOND East Naples Community Park Pickleball Shade Structure Bond No. Contract No. 17-7055 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at 7 (Business Address) are held and firmly bound to , as Obligee in the sum of ` w ($ ) for the payment whereof we bond ourselves, our heirs, executors, ms personal representatives, successors and assigns,jointly and severally. _ rn WHEREAS, Principal has entered into a contract dated as of the day of 11; 20 with Obligee for M in 0,1 accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. w u L THE CONDITION OF THIS BOND is that if Principal: can a — 1. Performs the Contract at the times and in the manner prescribed in the Contract; and ca cn 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee (a sustains because of any default by Principal under the Contract, including, but not limited to, all 0 delay damages, whether liquidated or actual, incurred by Obligee; and 2 0 3. Performs the guarantee of all work and materials furnished under the Contract for the tl time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities c connected with the Contract or the changes do not affect Sureties obligation under this Bond. U in The Surety, for value received, hereby stipulates and agrees that no changes, extensions of ti time, alterations or additions to the terms of the Contract or other work to be performed ti hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations a or additions to the terms of the Contract or to work or to the specifications. F u This instrument shall be construed in all respects as a common law bond. It is expressly w understood that the time provisions and statute of limitations under Section 255.05, Florida Q Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly ,,._. signed by its undersigned representative, pursuant to authority of its governing body. 35 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 rTh Packet Pg. 1808 16.D.24.b Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF 7.1 W ri 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 Csi identification and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: - Commission No.: ca 0 .r+ U it) ti a) v (Is 36 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 .'CSO Packet Pg. 1809 16.D.24.b ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) 2 i w Witnesses as to Surety (Printed Name) OR in N As Attorney in Fact • (Attach Power of Attorney) C, (3 Witnesses (Printed Name) a) c (Business Address) CD (Telephone Number) a STATE OF COUNTY OF 0 U The foregoing instrument was acknowledged before me this day of L� 20 by as of o ,a Sirety, on behalf of ti Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 37 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 06312016 CAO Packet Pg. 1810 16.D.24.b EXHIBIT B: INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriat, require similar waivers of subrogation from the County's separate z Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in L their contracts. (75 a) Collier County shall be responsible for purchasing and maintaining its own liability insurance. in Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on ,j; behalf of Collier County", or, the specific solicitation number and title. M The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of $ County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates `�-- of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. a) The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If E. Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All 0 self-insured retentions or deductibles will be Vendor's sole responsibility. trA Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, r.- whichever is longer. ..a a> The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy E cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the 1.5 County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, < non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shal immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverageLt required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverages purchased. If Vendor fails to reimburse the County for such costs within thirty 38 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 CAO Packet Pg. 1811 16.D.24.b (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2 L U) C, V! M N d I- U N d 'z3 re f� ea d U_ V fe W O O N- C, V w 39 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 uJ Packet Pg. 1812 16.D.24.b Collier County Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits :- 4. -' z,.. . 1. ®Worker's Statutory Limits of Florida Statutes,Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $500,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) Patterned after the current $1,000,000 per occurrence,$2,000,000 aggregate for Bodily Injury Liability � ISO form and Property Damage Liability. This shall include Premises and Operations; E Independent Contractors; Products and Completed Operations and in Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ccn ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, M losses and costs, including, but not limited to, reasonable attorneys'fees and cv paralegals'fees, to the extent caused by the negligence, recklessness,or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may N 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 f° of Collier County. 4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non- owned/Hired; Automobile Included 5. 0 Other insurance as 7.5 noted: ca it 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. °' 7. ® Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 40 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 C,4() Packet Pg. 1813 16.D.24.b 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liabiliy where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. i 11. ® Thirty (30) Days Cancellation Notice required. RLC 10/21/2016 Vendor's Insurance Statement M N We understand the insurance requirements of these specifications and that the evidence of insurability may be d required within five (5) days of the award of this solicitation. Name of Firm Date cyn tv Vendor Signature co Print Name co Insurance Agency Agent Name Telephone Number to .F+ L7 ti ti C U t9 41 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 Packet Pg. 1814 16.D.24.b EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and its 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 , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. •• N (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. U (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Cl, CONTRACTOR L a) BY: V ITS: President DATE: c Witnesses STATE OF COUNTY OF C' ti F- 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. U ca My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: 42 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 X90 Packet Pg.1815 1 6.D.24.b EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT Payment, Schedule of Values and Stored Materials Record applications are available for download at: http://purchasing.colliergov.net/Forms/Forms/AllItems.aspx a) w L VJ a7 rd I�I^ v! N a) L 7.5 I- L N a) c f6 0 C) f9 0 U ti a) v 43 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 CC; Packet Pg. 1816 I6.D.24.b EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: htt,://bccsp01/SiteDirectory/ASD/Purchasing/Formsl/Forms/Default.aspx Chane Order Form Contracts: Change It: Purchase Order#: Prrojectt:: ContractorMnmName: Project Name: Project Manager Name Deparbrrent: L Criginal Connect/WorkCider Amount A Original BCC Approval Date Agenda tri, IteCl) Current BCC..Aped Ampurtt . ,last l � Approval„D tate,?penda Item# 173 ar Current Coat adMPak Order Amount < SAP Contract Expiration Date(Master) r6 Doter Amount of the Change pro,<. Nr l�i1VIO Total Cl re from Crinal Amount Revised Contrao$W ork Larder Total S 0.00 410IV/0! Change from Current act:Approved Amount .. Cumutable Chanoes S 0.00 40 IV10! ;Changefrom Car entAmcunt N on Completion Date,description et the Tasla(s)Change,and Rationale for the Change CV Notice to Proce-ei OriginalLast Approved Revised Date d Date Completion Da Date OTIA.126 5tt crave) ilofDays Added Select Tasks itt Add new s) tj Delete tasks) r Chartgetaslr(s) CtOtherpseeeeoe'i ` Provide ares onsetothefotlowin 1.}detailed and specific larationkationaleofther estedchansjtothetas s and I or the additionalldays added(iifreque ted):2.}whythischangewa�snotincludedintheoriginalcol ntract;and 3.}describe if CU this change is not processed. Attach additional information from the Design Professional andicr Contractor if needed, C, U_ tl r.0+ L O U Ler ti ti Prepared by: Date: Piet Manager Name and De anmertt) Act,mratnce of this Ci-arxye Ode shot constitute a modification to cont.rad:;workorder identified above and wit be subjcot to at the same E terms and conditions as contained in the contract?work order indicated above,as fay as if thxe same were steted inns;acceptance.The L adjustment.if any,to:rte:omu'aact shatl corstin:te a Mend final settlement of any and at claims of the Contractor/Vendor r Consultant: U Dress gm Prees s ior.al arising out of or re},atm to the change set forth herein,including claaims for armed and delay costs_ Accepted by: Daae: (ContractcrgVendor,C nsutanr/De nProfisasonal and Name of Firm,if prectapptoab$e) Approved by: Date: (Design Professional aro Name of Firm,if project applicaoie) Approved by: Date: (Procurement Profess meson:, aa7:ta',.V s. 131ri4 T,3 ne Vq.:4`.; 44 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 Packet Pg. 1817 16.D.24.b EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date L .F+ t.) This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: U) a) co N un N Cr) N a) w+ U 2 L U) a) To OWNER m And To U f4 Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner U can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: a) DATE OF SUBSTANTIAL COMPLETION E A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: �.. 45 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 CLQ Packet Pg. 1818 I6.D.24.b RESPONSIBILITIES: OWNER: CONTRACTOR U w U, a) The following documents are attached to and made a part of this Certificate: ca co N M E 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 i Contract Documents. Executed by Design Professional on ,20 coo Design Professional By: Type Name and Title cs m CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR o By: Type Name and Title a) OWNER accepts this Certificate of Substantial Completion on , 20 U cC OWNER By: Type Name and Title 46 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 cin Packet Pg. 1819 16.D.24.b EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 20 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: m Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. L Actual Date of Substantial Completion: tri Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). M 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and L system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 2 6. Owner personnel trained on system and equipment operation. vi 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on cn 9. Final Payment Application and Affidavits received from Contractor on: a) 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: ns 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: U u7 If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. r� Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name&Title) U fC By Design Professional: (Firm Name) (Signature) (Typed Name&Title) By Owner: (Department Name) (Signature) (Name&Title) 47 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 (C7) Packet Pg. 1820 1 6.D.24.b EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except a) as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or `l' discrepancy in the Contract Documents, Contractor immediately shall report same to the Project N Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before N commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as o part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of Tabor, water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 48 17-7055 EtJCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 ( �o Packet Pg. 1821 16.D.24.b 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical 2 conditions which differ materially from those indicated in the Contract Documents or (ii) N unknown physical conditions of an unusual nature, which differ materially from those ordinarily a) found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been N discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature N or should have been discovered by Contractor as part of its investigative services, and that no = change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, to stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. on 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall o prepare and submit to Project Manager, for their review and approval, a progress schedule for r the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will 49 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 c-4n Packet Pg. 1822 16.D.24.b generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. N 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and C!? purchase order. Contractor acknowledges and agrees that any modifications to the list of N Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors (NI are subject to Owner's prior written approval. The first Application for Payment shall be -� submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts N evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of a) materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in Q writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or otherCtS documentation warranting that the Owner has received the materials and equipment free and E' clear of all liens, charges, security interests and encumbrances, together with evidence that the v materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. ;, a) 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner(which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 50 17-7055 ENCP Picklebail Shade Structure Construction Services Agreement:Revised 08312016 "g0 Packet Pg. 1823 16.D.24.b In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the t course of the Project schedule. Owner shall reduce the amount of the retainage withheld on 2 each payment request subsequent to fifty percent (50%) completion subject to the guidelines cn set forth in Florida Statute 255.078 and as set forth in the Owner's procurement ordinance and policies. co�c 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of N Contractor's Work. "' N 4.7 Each Application for Payment, subsequent to the first pay application, shall be a) accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging t Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are 2 then due and payable by Owner with respect to the current Application for Payment. Further, to U) the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a a) Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier cn has been paid in full through the previous month's Application for Payment. The Owner shall not co be required to make payment until and unless these affidavits are furnished by Contractor. °' Y C.1 4.8 Contractor agrees and understands that funding limitations exist and that the a expenditure of funds must be spread over the duration of the Project at regular intervals based o on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first c monthly Application for Payment, Contractor shall prepare and submit for Project Manager's 0 review and approval, a detailed Project Funding Schedule, which shall be updated as necessary ca and approved by Owner to reflect approved adjustments to the Contract Amount and Contract in Time. No voluntary acceleration or early completion of the Work shall modify the time of hr o payments to Contractor as set forth in the approved Project Funding Schedule. r- r 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work P performed under this Agreement, Contractor shall continue to perform the Work required of it ci under this Agreement pending resolution of the dispute provided that Owner continues to pay Q Contractor all amounts that Owner does not dispute are due and payable. 4.10 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not 51 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 /Q Packet Pg. 1824 16.D.24.b accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: .. (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be s completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or(g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between • Contractor and Owner. ro 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of w for materials delivered in association with a contract. 0 6. FINAL PAYMENT. 1.0 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. ti and the administrative procedures established by the County's Procurement Services Division ti and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have E furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a 52 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 Packet Pg.1825 16.D.24.b' waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. d c .1 7.2 Whenever materials or equipment are specified or described in the Contract Documents L by using the name of a proprietary item or the name of a particular supplier, the naming of the in item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other co suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow e!? the Owner to determine that the material or equipment proposed is equivalent or equal to that N named. Requests for review of substitute items of material and equipment will not be accepted N by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received E by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 0 2 L 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, in Contractor shall make application to the Project Manager for acceptance thereof, certifying that a) the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the = same use as that specified. The application shall state that the evaluation and acceptance of co the proposed substitute will not prejudice Contractor's achievement of substantial completion on 2 time, whether or not acceptance of the substitute for use in the Work will require a change in 0 any of the Contract Documents (or in the provisions of any other direct contract with Owner for n: the Project) to adapt the design to the proposed substitute and whether or not incorporation or cc use by the substitute in connection with the Work is subject to payment of any license fee or c royalty. All variations of the proposed substitute from that specified will be identified in the 0 application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly Lo from acceptance of such substitute, including costs for redesign and claims of other contractors o affected by the resulting change, all of which shall be considered by the Project Manager in r- evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. aS 7.4 If a specific means, method, technique, sequence or procedure of construction is 13co indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved 53 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 C4 Packet Pg. 1826 16.D.24.b Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project d Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: in d 8.1.1 Weather conditions showing the high and low temperatures during wort .2 hours, the amount of precipitation received on the Project site, and any other weather conditions �? which adversely affect the Work; N 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and in working at the Project site, by subcontract and trade; a ra 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); a) 8.1.6 Description of Work being performed at the Project site; E." 8.1.7 Any unusual or special occurrences at the Project site; m 8.1.8 Materials received at the Project site; o 8.1.9 A list of all visitors to the Project c) 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. u 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in 54 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 ,' 0 Packet Pg. 1827 1 6.D.24.b relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC N RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC N RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 2 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: cn 1. Keep and maintain public records required by the public agency to perform the 2 service. a) 2. Upon request from the public agency's custodian of public records, provide the 2 public agency with a copy of the requested records or allow the records to be7.1 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 0 records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. ►; 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not 55 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 Packet Pg. 1828 16.D.24.b' be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any a right to damages or additional compensation from Owner. Contractor expressly acknowledges _c cn 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. U 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing w Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver i of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that s.; such items are in fact not a change but rather are part of the Work required of Contractor hereunder. U 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued Q and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General 56 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 Packet Pg. 1829 16.D.24.b Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No 0 markup shall be placed on sales tax, shipping or subcontractor markup. co 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. co 10.7 Any modifications to this Contract shall be in compliance with the County procurement N ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. U 11. CLAIMS AND DISPUTES. 7.; 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or 0 other relief with respect to the terms of the Contract Documents. The term"Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty- a eight (48) hours from when the Contractor knew or should have known of the event giving rise E to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 57 17-7055 ENCP Pickleball Shade Structure � Construction Services Agreement:Revised 08312016 /C,g9) Packet Pg. 1830 16.D.24.b 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty- eight(48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such 2 other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the N Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to a Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. Z.a cti 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, 0 penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, r, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. --� 58 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 C,1C Packet Pg. 1831 16.D.24.b Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and in agreed that in the event of a change in any applicable laws, ordinances, rules or regulations a subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 0.1 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the 1.1 Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and w regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall as have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. C3 The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will 0 be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's / vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. 59 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 ,4Q Packet Pg. 1832 16.D.24.b For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verifv. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation,any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 2 L 15. CLEANUP AND PROTECTIONS. as 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, N appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor tei from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such ts improvements so damaged shall be restored by Contractor to the condition equal to that existing �-- at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. U 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. ti 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. -- 60 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 C40c) Packet Pg. 1833 16.D.24.b 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1)fails to begin the Work under the Contract Documents within the time specified herein; or (2)fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or(5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or(7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially N breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines un that Contractor has not remedied and cured the default(s) within seven (7) calendar days N following receipt by Contractor of said written notice or such longer period of time as may be N consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its cn sole discretion, may choose. ra 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall a) not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including c appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid t; balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the 61 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 /1 Packet Pg. 1834 16.D.24.b termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner doesco U) not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the ca Agreement and recover from the Owner payment for Work performed through the termination �? date, but in no event shall Contractor be entitled to payment for Work not performed or any N other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. .1 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount 0 earned through the date of termination, together with any retainage withheld and reasonable s=— termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. a) 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to c seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. a, 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or -- corrected by Contractor before final payment. Owner shall have the right to exclude Contractor 62 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 F-4() Packet Pg. 1835 16.D.24.b` from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor 2 submits: N a) -a (1) Receipt of Contractor's Final Application for Payment. 2 (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. N (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. u7 Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its 2 recommendations. Unless and until the Owner is completely satisfied, neither the final payment (t) nor the retainage shall become due and payable. 2 a> 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials 0 and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies 63 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 C40 Packet Pg. 1836 16.D.24.b noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any v� 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, 2 pay all costs in connection therewith and furnish Project Manager the required certificates of c!? inspection, testing or approval. All inspections, tests or approvals shall be performed in a N manner and by organizations acceptable to the Project Manager. N 22.3 Contractor is responsible,without reimbursement from Owner, for re-inspection fees and costs;to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written cin concurrence from the Project Manager, such work must, if requested by Project Manager, be .� uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor e has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by a� Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any 0 overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional Y nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. E U 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. -� 64 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 C40 Packet Pg. 1837 16.D.24.b 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, 7.1 testing and reconstruction. L tii 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled a) workers, suitable materials or equipment or fails to finish or perform the Work in such a way that 2 the completed Work will conform to the Contract Documents, Project Manager may order .. Contractor to stop the Work, or any portion thereof, until the cause for such order has been N eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 5 15 Y 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to L " accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and Ts consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall = be executed evidencing such acceptance of such defective Work, incorporating the necessary .0 revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall o promptly pay Owner an appropriate amount to adequately compensate Owner for its a 1.5 acceptance of the defective Work. c 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, 0 U to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the n Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract ti Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and c remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, ca take possession of Contractor's tools, appliances, construction equipment and machinery at the ¢ Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others 65 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 06312016 C'40 Packet Pg. 1838 16.D.24.b destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately d with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary in" circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of $ Contractor. All communications given to the superintendent shall be as binding as if given to c!? the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list N identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever cr contractor's work crews, or work crews of other parties authorized by the Project Manager are �-- engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the 2 Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of a) adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. U err 25. PROTECTION OF WORK. 0 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. E 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanr it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 66 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 CG Packet Pg. 1839 16.D.24.b' 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. P. 27. USE OF PREMISES. a) 27.1 Contractor shall maintain all construction equipment, the storage of materials and .2 equipment and the operations of workers to the Project site and land and areas identified in and cn permitted by the Contract Documents and other lands and areas permitted by law, rights of way, N permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. tri 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety 2 precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, cti injury or loss to: Y 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or r` improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 67 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 C40 Packet Pg.1840 16.D.24.b All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any N Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 2 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is N located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply N with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. in Such identification badge must be prominently displayed on the outside of the Employees' co clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; cti 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's o telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated,from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 68 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 cA�� Packet Pg. 1841 16.D.24.b 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be in directed by the Project Manager. a) 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in Co) excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. U) For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On cn Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at °- colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT 0 Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. iu E If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to 69 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 F Packet Pg. 1842 16.D.24.b" make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees 2 that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with _c respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to N Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. EL' 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 2 U) 33. SUBCONTRACTS. cb 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, L sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or o providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be r solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended 70 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 Packet Pg. 1843 16.D.24b without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner 2 by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or a) purchase order from Contractor to Owner at the election of Owner upon termination of $ Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional N insured on all liability insurance policies required to be provided by the Subcontractor except N workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the LI execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its a) sub-subcontractors. -0 m =.- 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on- site) supervision through a named superintendent for each trade (e.g., general concrete forming d and placement, masonry, mechanical, plumbing, electrical and roofing) included in its Y subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified 0 employee for scheduling direction for its portion of the Work. The supervisory employees of the a Subcontractor (including field superintendent foreman and schedulers at all levels) must haveco been employed in a supervisory (leadership) capacity of substantially equivalent level on a c similar project for at least two years within the last five years. The Subcontractor shall include a 0 resume of experience for each employee identified by it to supervise and schedule its work. in It) 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase o orders shall provide: Y 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design 7.3 Professional and including claims based on breach of contract or negligence, shall be an G extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10%for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies --- for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall 71 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 (:''''1(); Packet Pg. 1844 16.D.24.b require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub- subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a tl current basis, all Project files and records, including, but not limited to, the following L administrative records: cn a) 34.1.1 Subcontracts and Purchase Orders CV 34.1.2 Subcontractor Licenses u) 34.1.3 Shop Drawing Submittal/Approval Logs N 34.1.4 Equipment Purchase/Delivery Logs N 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees a) 34.1.7 Cost Accounting Records 34.1.8 Labor Costs L 34.1.9 Material Costs sn 34.1.10 Equipment Costs a) 34.1.11 Cost Proposal Request _..- 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates a, v 34.1.15 Bulletin Quotations 0 34.1.16 Lab Test Reports °- 34.1.17 Insurance Certificates and Bonds r) 34.1.18 Contract Changes E' 34.1.19 Permits 0 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 1.0 34.1.22 Design Handbooks o 34.1.23 "As-Built" Marked Prints r 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 1 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files o 34.1.28 Transmittal Records Q 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations 72 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 Fal Packet Pg. 1845 16.D.24.b At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. m 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 in 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 c2n 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. N 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 -c business. CO The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS(a�collieraov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier a County facilities and systems. Failure to notify within four(4) hours of separation may result in a deduction of$500 per incident. 0 U CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, c the vendor is responsible for all costs. 36.VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida,which courts have sole and exclusive jurisdiction on all such matters. 37.VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 73 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 C4 Packet Pg. 1846 16.D.24.b 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 &403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST&API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid& Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing/will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48 hour notice to SHWMD 239-252-2508 prior to commencement. 2 The contractor shall provide the plans pertaining to the storage tank systems containing N hazardous materials/ petroleum products to the SHWMD prior to plans submittal to a • co permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. .. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. 2 The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects 0 is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior 0 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- o upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by ►- representatives of Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 74 17-7055 ENCP Pickleball Shade Structure l Construction Services Agreement:Revised 08312016 Packet Pg. 1847 16.D.24.b EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Supporting documents found at: Not applicable at this time a, Sd U I- L .F+ rn d CC I�I^ 111 v/ N E' C) O Si rn d t6 N CC CV U U co Si C O U ti ti .1.+ e- a)a) v CC 1 75 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 CSO Packet Pg 1848 16.D.24.b EXHIBIT J:TECHNICAL SPECIFICATIONS Supporting documents found at: http://bid.colliergov.net/bidl and titled: Shade Structure Specifications U 2 f/) d 65 LC) N N G) U V! a) U U r0 O U L7 N;- 76 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 C`10 Packet Pg. 1849 16.D.24.b Project Specifications October 24, 2016 East Naples Community Park Shade Structure SECTION 13 3123 PRE-ENGINEERED SHADE STRUCTURES PART 1—GENERAL 1.1 RELATED DOCUMENTS AND REFERENCES r) A. Design Criteria documents Project Requirements and other documents issued as part of the Design- m Build solicitation, General Provisions of the Contract,including General Conditions. CD B. Bidder, bid proposer,contractor are used as synonymous terms throughout the bid solicitation and ,.; related documents. N d 6. w 1.2 SUMMARY U) The shade structure contractor shall be responsible for the design,engineering,fabrication, and supply -o of the work specified herein.The intent of this specification is to have one single in-house shade in manufacture be responsible for all the above functions. w U 1.3 REFERENCES 6. A.Shade Structures must comply with the latest revision of applicable codes and regulations including FBC 2014, 5th Edition and all other applicable codes and ordinances adopted Collier County, �? Florida. ti B.American Society for Testing Materials(ASTM) ti C.American Welding Society:Structural Welding Code AWS D1.1: Symbols for Welding and a.) Nondestructive Testing AWS 2.3. V D. International Accreditation Services(IAS) E.American Institute of Steel Construction (AISC):Specifications for the design,fabrication, and erection of structural steel. C�0 Packet Pg. 1850 16.D.24.b East Naples Community Park Shade Structure 1.4 SUBMITTALS A. Provide proof of installed reference sites with three structures for similar scope of project and installation that are engineered to IBC 2012 Specifications.Architect/Engineer approved conceptual line drawing shall be submitted with bid. B. Provide a minimum of 13 fabric samples to demonstrate fabric color range and powder color selections. C. Provide proof of all quality assurance items including: 1.A list of at least three reference projects that have been installed in the last 12 years. 2. Proof of general liability, professional liability, and umbrella insurance as per section 1.5 D. co 3. Proof of a minimum of$6,000,000 aggregate bonding capacity as per Section 1.5 E. 4. Proof of IAS Certification per Section 1.5 F. N 5. Proof of a Corporate Safety Program along with an Injury& Illness Prevention Program. 6. Proof of Corporate Quality Control Manual as per Section 1.5 G in a> 1.5. QUALITY ASSURANCE =� Fabrication and erection are limited to firms with proven experience in design and construction of fabric shade structures and such firms shall meet the following minimum requirements. No substitutions shall be allowed for the following: A. A single shade manufacture shall design, engineer and manufacture the fabric shade structures in- house. en B. All bidders shall have at least 10 years' experience in the design,engineering,manufacturing of shade Ni" ti or similar fabric/tensile structures. C.All bidders shall engineer to FBC 2014 requirements with similar scope.All Engineering to be certified by Florida registered professional engineer with demonstrated experience in steel and fabric structures. D.All bidders shall be able to provide proof of a minimum of$1,000,000 general/public liability insurance, $3,000,000 professional liability(PL) insurance, and an additional $5,000,000 umbrella/excess liability insurance. E. All bidders shall be licensed and bonded with a minimum bonding capacity of$6,000,000. 2 x`10 Packet Pg. 1851 I6.D.24.b East Naples Community Park Shade Structure F.Steel manufacturer shall be accredited by IAS(International Accreditation Service)for Structural Steel Fabrication under UBC 97&2000 Section 1701.7 and IBC 2012 Section 1704.2.2. G.The shade contractor shall have a Corporate Quality Control program and manual describing their complete quality assurance program. H.All bidders must have an in-house warranty&service department to assist in repairs and service calls. Any deviation from these standards shall be clearly noted and addressed in the Bid Proposal. w I- L 1.6 PROJECT CONDITIONS as A. Field Measurements: Verify layout information for the shade structure(s)shown on the project Design Criteria drawings in relation to the property survey and existing structures,and verify Lc, locations by field measurements prior to construction for the shade structures. `'', N as L 1.7 WARRANTY N A.The successful bidder shall provide a 12-month warranty on all labor and materials. c2 B.A supplemental warranty from the manufacturer shall be provided for a period of 10 years (pro-rated) on fabric and 10 years on the structural integrity of the steel from the date of substantial a) completion. C.The warranty shall not deprive the Owner of other rights under the provisions of the Contract Documents and will be in addition to and run concurrent with other warranties made by the E Contractor under requirements of the Contract Documents. ;o D.A warranty certificate and a maintenance and use manual shall be submitted as part of the close-out documents prior to final payment being made. ti ti : us PART 2—PRODUCTS cs ca 2.1 GENERAL A: BASIS OF DESIGN: Structures manufactured by USA SHADE& Fabric Structures and include the structural steel frame,fabric roof,steel cables,and all fasteners. Contact: USA SHADE& Fabric Structures 3 C,40 Packet Pg. 1852 16.D.24.b East Naples Community Park Shade Structure P.O. Box 82146-Atlanta,GA 30354 Haley Maitre: M:678.628.2274; F:214.905.9514 hmaitre@usa-shade.com B.Scope: The following criteria are provided as the general engineering scope for the fabric structure.This and any alternative design must be engineered and certified by a registered engineer in the state of Florida with experience in fabric or related structures. d The fabric structure project shall consist of six(6)Vertical Custom Double Beam Truss Columns, 2 with minimum 8"x8"x 3/8" HSS with 3"x 0.125 HSS Truss Tubing. Three(3) Horizontal Large Span Double Beam Truss with minimum 6"x6"x 3/8" HSS with 3" x 0.125 HSS Truss Tubing.Six (6) Cross Truss Double Beam with minimum 4"x4"x 3/8" HSS with 3"x 0.125 HSS Truss Tubing. cn Six(6) Risers with minimum 3"x 0.125 HSS. Footing design will consist of Spread Footers, minimum requirements, 11'width x 11' length x 4' depth. All columns shall have an integrated e„ M lighting access, hand holes and welded brackets for electrical wiring and fixtures by others. N ELI C.To qualify as an approved equivalent, submit full product documentation, engineering,fabric specifications and all other requirements of the Bid Proposal. 2 (7 D.The shade structure shall conform to the current adopted version of the Florida Building Code 2014, (i.e.:5th Edition) and local agency adopted additions, ordinances or amendments. P.-- E.All shade structural steel will be designed to a minimum of 140 mph and fabric to a minimum of 110 .a mph wind load, Exposure C and live load of 5 lbs/sf 2,fabrics to be removed at wind excess of Y 90mph.All shade structures shall be engineered with a zero wind pass-through factor on the a fabric. When ASD Steel Design Method is used based on FBC 2014, IBC2012 Section 1605.3.1 the Dead+0.75 of Live+0.75 of Wind Load cases must be combined. NO EXCEPTIONS. In the case stricter code requirements apply,those requirements must be used. v F.Steel: ti 1.All steel members of the shade structure shall be designed in strict accordance with the requirements of the "American Institute of Steel Construction" (AISC)Specifications and the "American Iron and Steel Institute" (AISI)Specifications for Cold Formed Members and manufactured in a IAS (International Accreditation Service) accredited facility for co Structural Steel Fabrication as per FBC 2014, IBC 2012 Section 1704.2.2. 2. All connections shall have a maximum internal sleeving tolerance of.0625 inches using high tensile strength steel sections with a minimum sleeve length of 6 inches. 3.All non-hollow structural steel members shall comply with ASTM A-36.All hollow structural steel members shall be cold formed,high strength steel and comply with ASTM A-S00, Grade C.All steel plates shall comply with ASTM A-572, Grade 50.All galvanized steel 4 (CZ Packet Pg. 1853 16.D.24.b East Naples Community Park Shade Structure tubing shall be triple coated for rust protection using an in-line electro-plating coat process.All galvanized steel tubing shall be internally coated with zinc and organic coatings to prevent corrosion. G.Welding: 1. All shop-welded connections of the shade structure shall be designed and performed in strict accordance with the requirements of the"American Welding Society" (AWS) Specifications.Structural welds shall be made in compliance with the requirements of �, the "Prequalified"welded joints where applicable and by certified welders. No onsite or field welding shall be permitted. 2 us 2.All full penetration welds shall be continuously inspected by an independent inspection -o agency and shall be tested to the requirement of FBC 2014, IBC 2012 and local agency additions and amendments. u.J N H. Powder Coating: N m 1. Galvanized steel tubing preparation prior to powder coating shall be executed in accordance to solvent cleaning SSPC-SP1.Solvent such as water,mineral spirits,xylol,toluol,which are to be used to remove foreign matter from the surface.A mechanical method prior m to solvent cleaning prior to surface preparation shall be executed according to Power ra Tool Cleaning SSPC-SP3 and utilizing wire brushed abrasive wheels and needle gun, etc. 2. Carbon structural steel tubing preparation prior to powder coating shall be executed in -� accordance to commercial blast cleaning SSPC-SP6 or NACE#3.A commercial blast cleaned surface,when viewed without magnification,shall be free of all visible oil, 1-3 �- grease,dirt, mill scale, rust, coating, oxides,corrosion, products and other foreign as material. 3. Powder coating shall be sufficiently applied, with a minimum three mils thickness and cured Lt1 at the recommended temperature to provide proper adhesion and stability to meet salt spray and adhesion tests as defined by the American Society of Testing Materials. t; 4. Powder used in the powder coat process shall have the following characteristics: a, a.Specific Gravity: 1.68+/-0.05 b.Theoretical coverage: 114+/-4ft 2/Ib/mil c. Mass loss during cure:<1% d. Maximum storage temperature: 75°F e. POWDURA e Super Durable TGIC-Free Polyester provides better exterior durability, UV resistance and gloss retention than standard TGIC powders. Further, it 5 Packet Pg. 1854 16.D.24.b East Naples Community Park Shade Structure accepts and holds onto electrical charge better and longer than standard TGIC powders,improving transfer efficiency by 10%more.The technology's non- toxic,TGIC-free properties also contribute to making it a greener solution for metal finishers. f. Rust Protection Powder Under Coat Primer will be required on all structures. POWDURA® Epoxy Powder Coating Z.R. Primer shall be applied in accordance with the manufacturers'specifications. Primer should be fused only and then top coated with the selected powder coat to ensure proper inter-coat adhesion. U g.The Epoxy Powder Undercoat Primer shall have the following characteristics: 1)Adhesion:ASTM D 3359—5B 2) Flexibility:ASTM D 552—Pass'A" Mandrel 3) Pencil Hardness:ASTM D 3363—H-2H 4) Impact Resistance:ASTM D 2794—120 Dir/Rev 5)Salt Spray Resistance:ASTM B 117—2000 hours cn 6) Humidity Resistance:ASTM D 4585—2000 hours 7) 60.Gloss: 50.0—70.0% c. 8) Cure Schedule (metal temp)—6 min at 392.F 9) Film Thickness Range: 2.0-3.0 mils a I.Tension Cable: Steel cable is determined based on calculated engineering loads. 0 U 1. For light and medium loads,%" (nominal)galvanized 7 x 19 strand cable to be used. 2. For heavy loads,3/8" (nominal)galvanized 7 x 19 cable to be used. r; ti J. Fabric Roof Systems c C 1. UV shade fabric is made of UV stabilized Monotec 370® cloth as manufactured by Value Vinyls Ltd and made of a UV stabilized high-density polyethylene mesh. Mesh shall be raschel knitted with monofilament and tape yarn filler to ensure that material will not unravel if cut. Panels to be loft.wide. 2. Fabric Properties: a. Life Expectancy: A minimum of 15 years continuous exposure to the sun b. Fading: Minimum fading after 5 years(3 years for red) 6 C�Pn Packet Pg. 1855 16.D.24.b East Naples Community Park Shade Structure c. Fabric Mass: 11oz ft2(372 (g/m2) d. Fabric Width: 3.25m and 6.5m e. Roll Length: 165 ft. (50m) f. Grab Tensile 292 x 412 lbs./1" (1299x1833 N/2.5 cm) g.Tongue Tear 42 x 42 lbs./1" (187x187 N/2.5 cm) h. Minimum Temperature:-130F (-25° C) i. Maximum Temperature: +176°F(80°C) CD 3.Stitching&Thread: co U) a.All sewing threads are to be double stitched. b.Thread shall be GORE Tenara Sewing Thread manufactured from 100%expanded PTFE (Teflon); mildew resistant exterior approved thread.Thread shall meet or exceed the following: 1) Flexible temperature range a) 2)Very low shrinkage factor N 3) Extremely high strength,durable in outdoor climates Y 4) Resists flex and abrasion of fabric 5) Unaffected by cleaning agents; acid rain, mildew,salt water and rot resistant, unaffected by most industrial pollutants U 6)Treated for prolonged exposure to the sun ti 2.2 SHIPPING AND HANDLING d E A.All steel surfaces touched by tie down straps are to be padded before final clinching.This can be accomplished by using carpet pads or factory manufactured padding. B.All dunnage must be padded before painted products are set in place.Smaller and loose pieces must be padded and totally separate from paint padding. C. Unloading: Lift forks to be covered with padding.All dunnage must be padded vertically and horizontally to prevent damage to painted surfaces.When unloading,take care to prevent tools and other hard surface items from making contact. 7 CAp Packet Pg. 1856 16.D.24.b East Naples Community Park Shade Structure PART 3—EXECUTION 3.1 INSTALLATION A. Installation of shade structures shall be performed by a bonded contractor by the State of Florida and certified by shade manufacture. B.The certified contractor installing the structure shall comply with shade manufactures instructions for assembly, installation,and erection per approved drawings. C. Footings shall be as follows and full rebar cages set as per manufacturers specifications:The Custom structure is to have a minimum footing Width of 11'ft x Length of 11'ft Spread Footing with a ea Depth of 4'ft,as per manufacturers final engineered specifications and drawings. D. Court Repairs: Court and Court surface repairs are the responsibility of the contractor and are to be M performed by Mor-Sports Group exclusively, no substitutions. Contact: Mor-Sports Group cn 1242 SW Pine Island Rd,Suite 42,#408 Cape Coral, FL 33991 (239)560-8607 http://www.morsportsgroup.com .) fL Jonathon Morton (ionathoni morsportsgroup.com) 0 v L) 1.3 SAFETY PROCEDURES t-- A. A.The contractor is responsible for the coordination of work with other trades and any work performed under separate contracts by others engaged with the owner. m B. All staff personnel are to be dressed and conduct themselves in accordance with OSHA Standards.All m staff must be properly trained for equipment that they might use.Safety is a top priority. Q C.All vehicles and machinery are to be properly licensed and insured and must be operated by licensed operators in accordance with OSHA Standards.All cranes and lifts must be operated in accordance with manufacturer's guidelines. D.The handling of steel during installation is critical. Exercise care when lifting items so that it does not come into contact with other surfaces. Clean sand and other deleterious material from 8 C Packet Pg. 1857 1 6.D.24.b East Naples Community Park Shade Structure structural items before moving or lifting. Before installation, all items are to be washed with soap and water and dried with cloths.All grease,dust, oils, and other latent materials are to be removed during this washing.When pouring concrete pour backs at columns, protect paint by using plastic and tape to prevent concrete from splashing on finish surfaces. E.All concrete or court cutting must be cut with a wet diamond blade to ensure that it leaves a clean finish. If at any stage the existing remaining surface lifts, creating a tripping hazard,additional saw cutting will be required so as to leave a neat and uniform joint. w F. Cover all open holes at all times with solid plywood and spoils to prevent access until concrete is poured. E. G.All equipment and/or product must be stored inside secured fenced area. Coordinate location with -a owner or owner representative. tn END OF SECTION 13 31 23 M N L .F+ U w U7 .Q U_ n U O U ti ti c a, E U 9 Packet Pg. 1858 16.D.24.b EXHIBIT K: PERMITS Supporting documents found at: To be supplied by Collier County at a later date E' L F. w U) a) rn Ln N d w U 5- L Cl) G) crs am r, U cc; L W 0 U L) T a) V Ca .Hi ry 77 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 Packet Pg. 1859 16.D.24.b EXHIBIT L:GEO REPORT Supporting documents found at: http://bid.colliergov.net/bid/ and titled: Geo Report O U, a, L (s) t1') N 2 2 4I U) a) — U) a) U_ So. U R S. O U u� 0 N;" a) U R) y 78 17-7055 ENCP Pickleball Shade Structure Construction Services Agreement:Revised 08312016 0 Packet Pg. 1860 16.D.24.b eiocity ENGINEERING SERVICES U J GEOTECHNICAL ENGINEERING SERVICES REPORT co in Velocity Project Number: 16-255 N !/7 Project: a East Naples Community Park 3500 Thomasson Drive Naples, Collier County, Florida Parcel ID#: 00395680009 L F2 0 Client: ti Mr. Daniel A. Summers 0 BSSW Architects, Inc. 949 Central Avenue Naples, FL 34102 Date: October 18, 2016 Geotechnical Facilities S Associations (239)689-1474 12821 Commerce Lakes Dr.,Suite 7 Environmental Building Sciences www.VeiocityEngineering.Net Fort Myers, Florida 33913 Packet Pg. 1861 16.D.24.b Geotechnical Engineering Services Report Velocity Project Number 16-255 East Naples Community Park October 18,2016 TABLE OF CONTENTS SALUTATION 3 1.0 INTRODUCTION 3 1.1 Project Description 3 1.2 Purpose&Scope of Services 3 2.0 METHODOLOGY& FINDINGS 4 m 2.1 Site Features 4 2.2 Field Exploration Program 4 U) 2.3 Laboratory Examination 4 ca 2.4 Subsurface Soil Conditions 4 cn 2.5 Groundwater 4 M 3.0 EVALUATION & RECOMMENDATIONS 5 3.1 Foundations 5 U 3.2 Shallow Foundation Systems 5 F. U) 3.3 Site Preparation 5 4.0 LIMITATIONS 6 4.1 Unanticipated Conditions 6 4.2 Boring Logs & Figures 6 4.3 Reliance 6 °" U 4.4 Standard of Care 6 4.5 Reproduction 6 4.6 Out of Scope Considerations 6 5.0 CLOSING & CERTIFICATION 7 ,�' FIGURES Figure 1 Project Location Plan Figure 2 Boring Location Plan BORING LOGS Page 2 Packet Pg. 1862 16D.24.b OCirtY ENGINEERING SERVICES Mr. Daniel A. Summers October 18, 2016 BSSW Architects, Inc. 949 Central Avenue Naples, FL 34102 (239) 643-3103 DanS@BSSWarchitects.com Subject: Geotechnical Engineering Services Report East Naples Community Park L 3500 Thomasson Drive in Naples, Collier County, Florida Parcel ID#: 00395680009 Velocity Project Number 16-255 N M Dear Mr. Summers: a' L Velocity Engineering Services, LLC (Velocity) is pleased to submit this Geotechnical Engineering Services Report for the project referenced above. It has been our pleasure to work with you on this project. L a, 1.0 INTRODUCTION 1.1 Project Description m Y V Velocity understands that the proposed project will consist of the construction of a new overshade structure �- r for 2 existing tennis courts. The client requested a geotechnical exploration program consisting of 3 test borings. Velocity was provided with a Proposed Boring Location Plan, undated by BSSW Architects, Inc. No other plans or construction details were available to Velocity at the time of this report. ti 1.2 Purpose &Scope of Services The purpose of this exploration program was to evaluate the subsurface soil and groundwater conditions a3 relative to the foundation support of the proposed overshade structure. Velocity therefore performed the following scope of services: V Obtaining the necessary drilling permits, obtaining utility locates from Sunshine 811, and mobilizing a drill rig and crew to the site. ✓ Locating the test borings based on measured or estimated distances from existing structures. ✓ Performing three (3) Standard Penetration Test (SPT) borings to depths of twenty (20) feet below the ground surface (BGS). ✓ Grouting the test borings in accordance with regulatory requirements. Geotechnical Facilities&Associations (239)689-1474 12821 Commerce Lakes Dr.,Suite 7 Environmental Building Sciences www.VelocityEngineering.Net Fort Myers, Florida 33913 Packet Pg. 1863 16.D.24.b Geotechnical Engineering Services Report Velocity Project Number 16-255 East Naples Community Park October 18,2016 V' Visually classifying the soil samples recovered from the test borings. V Performing engineering analyses and preparing a Geotechnical Report for the project. 2.0 METHODOLOGY& FINDINGS 2.1 Site Features The project site is an existing tennis complex within a community park. The site is generally level. The site is T. bordered by a paved parking lot to the north, paved roads to the east, west, and south. The approximate site location is depicted in Figure 1, Project Location Plan. 2 2.2 Field Exploration Program t The test borings were performed in general accordance with ASTM D1586 "Standard Test Method for u) Standard Penetration Test(SPT)and Split Barrel Sampling of Soils". This procedure uses a 140 pound hammer with a 30 inch drop to drive a 2 inch (outside) diameter hollow tube called a "split-spoon". The number of N hammer blows required to drive the split-spoon 12 inches is called the "N Value" and is an indication of the relative density of the soil(s). The split-spoon also captures samples of the soil(s) so they can be retrieved. 2 L The approximate boring locations are depicted in Figure 2, Boring Location Plan. co" a) 2.3 Laboratory Examination cn The soil samples retrieved during the field exploration program were visually examined in general accordance with ASTM D2488 "Standard Practice for Description and Identification of Soils (Visual-Manual Procedure)". a) Each soil sample was classified in general accordance with the Unified Soil Classification System (USCS), modified as necessary to describe typical southwest Florida soils. Additional laboratory testing was not included in our scope of services, nor was it deemed necessary at this time. The soil samples will be retained at Velocity's office for 30 days from the date of this report. The samples will then be disposed of unless other arrangements, such as the client taking possession of them or Velocity retaining them beyond this date, have been agreed upon in writing. o 2.4 Subsurface Soil Conditions The subsurface soil conditions at the site generally consist of very loose to very dense sand (SP), limestone (LS), and weathered limestone (WLS) from the existing ground surface to the boring termination depths of 5 ca approximately 20 feet BGS. Detailed records of each boring are attached to this report. 2.5 Groundwater At the time of our field exploration program, the ground water depth was measured at approximately 4 feet below the existing ground surface in the test borings. The ground water measurements were obtained immediately upon completion of the test borings. Fluctuation in groundwater depths should be anticipated due to seasonal changes, local rainfall, surface water runoff, and other site-specific considerations. Ponding of storm water should be anticipated after heavy rai Page 4 Packet Pg. 1864 16.D.24.b Geotechnical Engineering Services Report Velocity Project Number 16-255 East Naples Community Park October 18,2016 events. These ground water depths and possible fluctuations should be considered when planning any excavations at the site. Dewatering may be required to facilitate the proposed construction. 3.0 EVALUATION &RECOMMENDATIONS 3.1 Foundations The evaluation of foundation options is generally governed by 2 primary considerations, bearing capacity and settlement. Bearing capacity is the soil's ability to support the foundation load without experiencing a 2." plunging failure. The selected foundation must be able to provide adequate bearing capacity within an acceptable range of settlement. y a) Based upon the project description and subsurface conditions detailed herein, Velocity recommends supporting the proposed structure on a shallow foundation system in accordance with Section 3.2 of this N report. These recommendations are contingent upon site preparation being performed in accordance with the specifications presented in Section 3.3 of this report. 3.2 Shallow Foundation Systems An allowable soil bearing pressure of 2,500 psf may be used for shallow spread footing foundation design. Isolated column footings should have a minimum dimension of 24 inches and should bear at a depth of at E least 24 inches below the lowest adjacent grade. Continuous wall footings, if any, should have a minimum width of 18 inches and should bear at a depth of at least 18 inches below the lowest adjacent grade. Settlement is projected to be less than 1 inch total and 1/2 inch differential. @ C, 3.3 Site Preparation .� It is understood that no structural fill will be required for this project and that the foundations will bear below the existing ground surface. Velocity recommends the following compaction requirements for this project. The specified compaction percentages are based upon the maximum dry density as determined by a "modified proctor test" in accordance with ASTM D1557 "Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort(56,000 ft-lbf/ft3(2,700 kN-m/m3))". c) ti V Bottom of Footings 95% All density testing should be performed in accordance with ASTM D6938 "Standard Test Method for In-Place Density and Water Content of Soil and Soil-Aggregate by Nuclear Methods (Shallow Depth)". Tests should be performed to a depth of 12 inches below the surface being tested, or the thickness of the soil layer if thinner than 12 inches, unless specified otherwise. Any areas not in compliance with the compaction requirements should be reworked and retested prior to placement of the next lift of fill. The following testing frequencies are recommended: V Isolated Column Footings 1 test per footing V Continuous Wall Footings 1 test per each 50 lineal feet v — Page 5 Packet Pg. 1865 16.D.24.1p Geotechnical Engineering Services Report Velocity Project Number 16-255 East Naples Community Park October 18,2016 Using vibratory compaction equipment at the site may disturb nearby structures. We recommend that vibration levels reaching any nearby structures be monitored during any operations utilizing vibratory equipment. 4.0 LIMITATIONS 4.1 Unanticipated Conditions Velocity cannot be responsible for any unanticipated conditions that may be discovered on the site that were not encountered in our test borings. However, should any such unanticipated conditions be discovered, Velocity should be notified of them immediately in writing so that we may observe them and review their in impact upon our recommendations presented herein. If any of the project details stated herein are modified or changed, Velocity must be notified in writing so that we may review the applicability of our recommendations. N M 4.2 Boring Logs &Figures `V E! The soil and groundwater conditions shown in the boring logs and reported herein reflect the conditions at the specific boring locations at the time of our exploration only. Conditions will vary across the site and will E also vary with time. Soil layer transitions depicted on the boring logs should be considered approximate and r variations in depth should be anticipated. The boring locations indicated were not surveyed and should be considered approximate. 4.3 Reliance -Q m This report has been prepared for the exclusive use of the client, the project owner, and the design team for the indicated project only. No other parties are entitled to rely upon this report. Contractors should not rely upon this report for preparation of their bids and should perform their own investigations to confirm any w details that may impact their bids. This report should not be relied upon to plan any other project at this site, or the same project at any other site. 4.4 Standard of Care These geotechnical engineering services have been conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the location where the Work was performed. No other warranty, expressed or implied, is made including, without limitation, any warranty of fitness for a particular purpose other than those expressly stated herein. 4.5 Reproduction No portion of this report should be reproduced or used unless the entire report is reproduced in full. 4.6 Out of Scope Considerations The depths of the test borings performed herein were limited to the depths to which the anticipated foundation loads are likely to influence. Evaluation of potential hazards at deeper depths, such as karst (sinkhole) activity, is beyond the scope of this investigation. Page 6 Packet Pg. 1866 16.D.24.b` Geotechnical Engineering Services Report Velocity Project Number 16-255 East Naples Community Park October 18,2016 The following items are considered out of scope considerations and have not been evaluated by Velocity: examination or testing of the soil samples recovered for chemical contamination or other environmental hazards; determination or evaluation of the seasonal high water table; and constructability review. 5.0 CLOSING &CERTIFICATION We appreciate the opportunity to be of service to you on this project. Please do not hesitate to contact us if you have any questions or if we may further assist you. Sincerely, 2 Velocity Engineering Services, LLC d FBPE CA# 30362 Christopher J. Pacitto, P.E. President/Principal Engineer a, `�,>>�iirir,r�, g q ��\ , �tGENSF . j� V m • No.59445 ca ;'0 1 Printed copies of this document are • STATE OF t(r` not considered signed and sealed and a: •.F ORION.• `G\ � the signature must be verified on any IQNAL#\\\\ electronic copies. Felipe Compean, E.I. Carlos Santillan ,",- Staff Engineer Staff Engineer Page 7 Packet Pg. 1867 I6.D.24.b ^� $ i.,-,-,,,..,.. 77';',.„'''''wt^a----Z mo' R 1" 'it'll 8 t �,•�+, Tc \.J.i'''''''. • ' s .tom, ' . <' : 1X1.1! vqS f o jr5 'I..Ac [� L ,--.:7til 4.:,', ,,',,,,t'ti4,,,,r,1171,,,L1,4,,,,,,;,,,,, it4,,,,,,,,... , : - t.•,,,,g,,,,.%,t1 .. '...,,, '- .04c - ;"::::'.'41-4;:ttwit47, 4, '1:.... , : :i,":!. A 6 �, .. g is ?v I S L-t' - S ... y a ,' F. .. . q X N ti �� � . ,, Its } j t' ' l. S °�.. ;?7, ,,, S' , . . ..„..„,_4,_ _ a.. `.R. �” ,:;7.!!!:1,,C m�.rX1 .✓ ,. , sF= C - r1 U i; d rt-',..-t-,' L 4m,rwns-+af f� s-.L',,,,,,,,, 4 £ � j f L ^� K+y� ifs r m : ; p �" S` ... cnP Project Site ,1*,-,.,,,,„, � 0 s -0 cz Y i T �j° 9 MsJ'�y ,,,*.r„- '.,. o � � ` >. w L Y, 8 Ade M d� �"� in ,oe d3y'f Rk L¢A a IS gS ' ,if m � 1a: � 3a . .N .w¢ te ,� r fi '- -,. .„ m"r ISa FIGURE 1 — PROJECT LOCATION PLAN East Naples Community Park e/ oCit 3500 Thomasson Drive Efl/EilAfEERING Naples, Collier County, Florida SERVICES Velocity Project Number: 16-255 Packet Pg. 1868 16.D.24.b 1 *- {• .0p-i , �, # 4. I' ' ' �I1lt 5i . I . ' '''l ' I 1 I ill R' ''' ' 1 I xK n U n .,7 w 'Far d E rE '•i• 3s, a1 1: E , gs . _ ; a :CI' 7 2 E %c t ; X- g1 S f, f co ,. 3 i 1 1E 1 4,� Ex N `' : R M y G,t ff N r s j 8e LI , a 1, a w -, * ` e Y ' Aj t n ,F }� Y 4.. #.U. ;;$ cts •3 ''''5'555".45.5"" T' k - 5.P 115,'. ' x In . fr,vn r ms , • ;Y ociFIGURE 2 - BORING LOCATION PLAN � - e East Naples Community Park 3500 Thomasson Drive -- �Efr, E/VG/NEERfNG Naples, Collier County, Florida SERVICES Velocity Project Number: 16-255 Packet Pg. 1869 16.D.24.b KEY TO BORING LOGS ENG/NEER/AIG SERVICES Major Division Group Typical Names DENSITY of SANDS&GRAVELS Symbols GW Well-graded gravels,gravel-sand mixtures, N Value Density little or no fines 0-4 Very Loose y c 0 o d Poorly-graded gravels,gravel-sand 5-10 Loose v z N e GP mixtures,little or no fines 0 w` 11-30 Medium Dense > v N 31-50 Dense d 8c GM Silty gravels,gravel-sand-silt mixturesMS cc-.„� o 50+ Very Dense t Oz o v) N c > z c CO GC Clayey gravels,gravel-sand-silt mixtures N g w CONSISTENCY of SILTS&CLAYS N W A N SW Well-graded sands,gravelly sands,little or _. m 4 " m no fines N Value Density a N U c d Poorly-graded sands,gravelly sands,little 0-2 Very Softg 43" Y u SP `o a• z° or no fines 3-4 Soft N c d m N '^ 5-8 Firm t6 o c SM Silty sands,sand-silt mixtures N 9-15 Stiff 3 to ASC Clayey sands,sand clay mixtures 16-30 Very Stiff d 30+ Hard Y V Inorganic silts and very fine sands,rock CL .r MI. flour,silty or clayey fine sands or clayey co . o silts with slight plasticity , m +� up PROPORTIONS C v Inorganic clays of low to medium 0 c .E CL plasticity,gravelly clays,sandy clays,silty -- - U N N clays,lean clays Content Description= esiption in {/� M JO VI v Lo 5 w OL Organic silts and organic silty clays of low 0-10% With a Trace 0 0r,' plasticity r` Z 10 -25% With Some 1— 0 m lnrganic silts micaceous or distomaceous 25-50% With = W E MH fine sandy or silty soils,organic silts w m Z d N o Recovery is 100%unless noted otherwise E c. ..s T A o u « 0 o c. CH Inorganic clays of high plasticity,fat clays w A . Q n Q ABBREVIATIONS v, OH Organic clays of medium to high plasticity, organic silts WT Water table at time of boring HA Boring advanced using Hand Auger Highly Organic Soils PT Peat and other highly organic soils Approximated N value due to refusal Moisture Moisture Content per ASTM D2216 LS Hard limestone layer -200 %passing#200 sieve per ASTM D1140 Limestones Organics Organic Content per ASTM D2974 WLS Weathered and/or deteriorated limestone LL,PL,PI Atterberg Limits per ASTM D4318 Packet Pg. 1870 16.D.24.b BORING LOG NUMBER: B-1 OCILNY PROJECT: East Naples Community Park EIVGIIVEERING PROJECT No.: 16-255 DATE: 10/14/16 GROUNDWATER: 4.0 ft SERVICES NOTES: W E J DEPTH ft ,� a m (FEET) 3 ? 3 SOIL DESCRIPTION NOTES H O O y J 2 J VI m ` m 0 Light tan with a trace of root d — HA = U SAND(SP) Light tan with a trace of root — HA 4 CU CO WT 6 Light tan Cr) to s 10 20 Medium Dense �: N 4 10 *;a M 2 Brown N — $13 0)) 1 iii— WEATHERD LIMESTONE(WLS) Tan = 50/2" Tan V Hard drilling from 8 to 12 feet so+ „ x LIMESTONE(LS) N 10 111 x0) -O ra . Very Dense — — 4to Mfg -n — m la.�_ Y sit MEI CJ 2 Light tan d 1s— /� 1 3 ® WEATHERED LIMESTONE(WLS) c.) LL11 2 an e a o E U — a— 511.41 ni Very Loose in MIN O 2 � ® Light tan with silt ~.. 2 4 TA ii 20 X xa� ;r 2 pt " C J Boring terminated at 20.5 feet o) C r U co — Q 25— 30 Packet Pg. 1871 16.D.24,b iff BORING LOG NUMBER: B-2 r._ 5s PROJECT: East Naples Community Park EItiGIIVEERING PROJECT No.: 16-255 DATE: 10/14/16 GROUNDWATER: 4.0 ft SERVICES NOTES: W 1— w lD = LL L DEPTH it ¢ N m SOIL DESCRIPTION NOTES (FEET) a gz o F m ' m 0 Grey with some rock d — HA .r SAND(SP) Light grey N — HA 0) CO WT 4 Loose Grey in 5 4 8 Dark brown 4 LO CV 4 CO t a st WEATHERED LIMESTONE(WLS) Tan — 2 7 ‘INN, 5Mk' 0) L Loose = 35 la.. U 50/0.5" _°-'_. No recovery CI 50+ 1..:..]:::.:-..: Hard drilling from 8 to 12 feet y LIMESTONE(LS) 10 ii!3 :i; 'CDO - '2=7: .:, Very Dense 03 al r .... to ;4w mgas To k g. m ad Y 'x V 2 vim Light tan d 3 X4 7 .3 :rkWEATHERED LIMESTONE(WLS) i 15— eMmvar L Mg O: ft y - aSa®— AMMON,' : Very Loose to Loose us Fig, O j l Light tan with silt e- 2 3 1�cswIF .. 20— 1 kkk� C Boring terminated at 20.5 feet r- e- 0 - 0 CZ 9- 25— 30— Packet Pg. 1872 16.D.24.b -_,_:._ Ar BORING LOG NUMBER: B-3 °e./04C 1113frPROJECT: East Naples Community Park ;ENG/NEER//VG PROJECT No.: 16-255 DATE: 10/14/16 GROUNDWATER: 4.0 ft SERVICES NOTES: W lD UJ E - DEPTH a ,ten ¢ ,n m SOIL DESCRIPTION NOTES (FEET) Q 3 3 E in O 2 O in m - m 0 .. Dark grey with some root d �g = HA w U y = SAND(SP) Grey with a trace of root — HA 0) Brown CO WT 2 € ,,`. - 4 5 —� 5 9 r�. 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O cC1 ll Ss Qm Q m b� larc 11 d n tOr iZM r)u . k Cl)V a) co u viLDT M AllikN u a) L y U W N cr) N (7)(n "r3 a) 0 a6 S in fCS u) v tri - a) 32 2 n. o�- V a� m c O U 4.3 to ctr M --6 Nr = 0 N U j 2 iii Liii °' 2• y 2 �c , - p w UC ate) E � oo - � a76 zFa CAacno n CI CL UJ Z Ad 9i:69:- 9Toz/6i/ot Packet Pg. 1879 16.D.24.b EXHIBIT N: PROJECT DESCRIPTION Supporting documents found at: http://bid.colliergov.net/bid/ and titled: Shade Structure Project Description d U U, (1) t9 LC) N M N C) L. U C) fC U, CC C) U 0 V I- w O U U) Lr) ti c C) v ca 80 17-7055 ENCP Pickieball Shade Structure Construction Services Agreement:Revised 08312016 \T_ Packet Pg. 1880 I6.D.24.b EXHIBIT 0: TOPOGRAPHY Supporting documents found at: http://bid.colliergov.net/bid/ and titled:Topography Exhibit d L Iw^ V! d _r to N C, C.) 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C� 0zi-- ate) as coC (7) Y cO Cl*,,, 0 L) .0 ca �c> 13 C)- W co Z WV sz:tr17:8 9LOz/tz/OI Packet Pg. 1884 16.D.24.b 00 o , t� g n �'' � � . iii 0c � F s €r / Mrd., � u � ,� e =_ ��rz! _F- le m , }0 ,I nx^ m S $m fl. ortniti,e" c ....,:_-.2,k-2.,;,.. /f I ) o oo 4.040,„,,,,,n.„.4.4.70.„A,„,,,,,,:„„,....:.7.,:,::::.,:„.„„*. . ... ' f" 4. ♦ 0) 1-''''7:t#,Aig.r. -....4:41.,'4.40Aiirilvp-- F x } F"t3I 6 f6 cn a. o ro €� .a' S`€I � _ in ...... . • tI y f = N a CN �, €€, �; O . 01N Y 9f , .� Y~ 1 .bd co XVIBIR aid ,.\ U Ct // I 'a Y / � cK E k ``1� � i L F., 0 0 .w (3;'''•,4„ L / rfi' .3 1 C d.� N O f �tix r E ,. • — I .....:.r hS"S`,�.y. ..�7_,,,.,0.•� 2 T Slog u u) U Oil c ' �a x 1 , °� `o c wt,rna'lit w rn zal • 4 WE 01 9 a.:111 ;r1:1:40:1,,,' G f/,14.wwwww,,,,,,,,,,,,,,,,!!!!A!!!- ' . /41 .„031,,„. '' 1 �E L7 L 63 ra 6 ,_ <, I. .:, .. UX ,„,._,,s„,,, cu r. rK i�1, u. u't ns r 1 0.-;. U ct 0 1.41„.s.:,:,:U4r:p.„4:toi;:z ,,,,- ;-.-4",:i:Nty:--- : g LT cri as i io b cn '01t24110111114V- -,/' ;14R T c( t (n 2 CL ; � \x;xl 2 Q0 � p iii c Tri cp s a ,t Y N H 0 c6 M � .. ,,,,,‘-,-,:::':;-'::•1::„'-'-'5:(',' A 8 i U_ uS C13 I— �'–r''' — — � 'Vin' '� U c co z L to I _ ," m co �� s z� ❑ � w �, z Wb LE:bb:8 9LOZ/trZ/OZ Packet Pg. 1885 I 6.D.24.b EXHIBIT P: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Steve Robinson Construction Superintendent Bruce Downs Project Manager a T.; E w m 73 as cn in N M N La) U EL V♦ a) zs ca in co a) u_ F. u aii.+ 0 U un un 0 Nr tee a) E u f4 Qa.+ r. 82 17-7055 ENCP Pickleball Shade Structure 6 Construction Services Agreement:Revised 08312016 Packet Pg. 1886 ms (ain;ona;S apegS : 5Z£Z) tf2iON :;uewg3 ;;y Nw./vs.arvs "4.0,1esivxreay, CO° Administrative Services Department a Procurement Services Division r d Date: November 30, 2016 Notice of Recommended Award Solicitation# 17-7055 Title: Pickieball Shade Structure Due Date and Time: November 22, 2016 @ 2:30 PM Respondents: Company Name City County State Bid Amount Responsive/Responsible Compass Construction, Cape Coral Lee Florida $2,711,518.00 Yes/Yes Inc. DEC Contracting Fort Myers Lee Florida $3,005,673.00 Yes/Yes Utilized Local Vendor Preference: Yes No 1M I Recommended Vendor(s) For Award: Compass Construction, Inc. Primary,Secondary, etc. Note: Award recommendation based on Base bid amount$665,018.00 and Alternate 1-$24,500.00 and Alternate 3-$54,500.00 for a total of$744,018. Project Manager: j- -. R .. 0 f Procurement Strategist: Procurement Services Director: Edward F. Coyman Jr.