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Agenda 06/26/2018 Item #16D1906/26/2018 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (ITB) No. 18-7289 “Aquatic Slide Restoration” to Close Construction, LLC in the amount of $189,500, authorize the Chairman to execute the attached contract and authorize the necessary budget amendment to allow the Division to efficiently track project expenditures. OBJECTIVE: To obtain a contractor to resurface and repaint the slide flumes at Golden Gate Aquatic Center and repaint the exterior slide flumes at the Sun-N-Fun Lagoon at North Collier Regional Park. CONSIDERATIONS: Sun-N-Fun Lagoon was built in 2005 and is the only water park in Collier County. One of the main attractions of the water park is the Tower Water Slides. The slide tower is approximately forty (40) feet high with five (5) slide flumes ranging from 220 to 350 linear feet long with a combination of enclosed and open slide sections. The slides at Golden Gate Aquatic Center were installed in 2009 and are the main attraction at the park. The slide flumes are very durable but ove r time develop cracks, chips, exposed fiberglass, and build-up resulting in poor performance. Staff prepared a scope of work for flumes at Golden Gate Aquatic Center to include the furnishing of all material, labor, tools, and equipment necessary to gel-coat the interior and repaint the exterior of the slide flumes. The scope of work for Sun-N-Fun Lagoon included all materials, labor, tools, and equipment necessary to repaint the entire exterior of the five (5) slide flumes. On January 11, 2018, the Procurement Services Division released notices of ITB No. 18-7289 to 2,155 vendors for the Aquatic Slide Restoration Project. Forty-nine (49) bid packages were downloaded, and two (2) bids were received by February 15, 2018. Procurement staff determined the lowest responsive and responsible bidder to be Close Construction, LLC. Contractor-Close Construction, LLC Bid Golden Gate Aquatic Center $39,500 North Collier Regional Park Sun-n-Fun $150,000 Contractor-Whitewater West Bid Golden Gate Aquatic Center $75,926 North Collier Regional Park Sun-n-Fun $161,605 The proposed Agreement provides for a one (1) year term with no renewals; a Notice to Proceed and liquidated damages provision will apply for each project. The one (1) year term is a minor modification to the language in the solicitation document. Staff recommends that the Board of County Commissioners (Board) find that minor modification in the best interest of the County and waive that minor irregularity (as allowed under the Procurement Ordinance No. 2017-08, Section 12, Reserved Rights), as it has no bearing on the outcome of the bid results. FISCAL IMPACT: Funding for the awards discussed above will be provided from within existing Parks and Recreation Capital Improvement Project Fund (306). A budget amendment will be processed to appropriately manage and track expenditures at the Sun-N-Fun facility. Specifically, $110,000 will be moved from Sun-N-Fun General Pool Maintenance project (80216) to Sun-N-Fun Slide Maintenance project (80353). The award for the Golden Gate Aquatic Center slide maintenance will be funded from Community Parks Pool Repair project (80406). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact related to this action. 06/26/2018 LEGAL CONSIDERATIONS: This Item is approved as to form and legality and requires a majority vote for Board approval. -SRT RECOMMENDATION: Recommendation to award Invitation to Bid (ITB) No. 18-7289 “Aquatic Slide Restoration” to Close Construction, LLC in the amount of $189,500, authorize the Cha irman to execute the attached contract and authorize necessary budget amendment. Prepared By: Matthew Catoe, Operations Analyst, Parks and Recreation Division ATTACHMENT(S) 1. 18-7289 Solicitation (PDF) 2. 18-7289 Bid Tabulation (PDF) 3. 18-7289 NORA Signed (PDF) 4. (Linked) 18-7289 CloseConst_VendSign_Contract (PDF) 5. Exhibit A1 Sun-N-Fun – Scope of Work and Specifications (PDF) 6. (Linked) Exhibit A2 Golden Gate Aquatic Center – Scope of Work and Specifications (PDF) 06/26/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.19 Doc ID: 5554 Item Summary: Recommendation to award Invitation to Bid (ITB) No. 18-7289 “Aquatic Slide Restoration” to Close Construction, LLC in the amount of $189,500, authorize the Chairman to execute the attached contract and authorize the necessary budget amendment to allow the Division to efficiently track project expenditures. Meeting Date: 06/26/2018 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 05/02/2018 3:14 PM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 05/02/2018 3:14 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 05/02/2018 3:37 PM Parks & Recreation Ilonka Washburn Additional Reviewer Completed 05/02/2018 4:22 PM Parks & Recreation Barry Williams Additional Reviewer Completed 05/18/2018 4:28 PM Procurement Services Ted Coyman Additional Reviewer Completed 05/21/2018 1:45 PM Procurement Services Kristofer Lopez Additional Reviewer Completed 05/21/2018 1:51 PM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 05/22/2018 10:02 AM Procurement Services Swainson Hall Additional Reviewer Completed 05/23/2018 11:13 AM Procurement Services Sandra Herrera Additional Reviewer Completed 05/30/2018 12:45 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 06/04/2018 8:38 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/04/2018 10:06 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/11/2018 1:55 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/11/2018 2:54 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/12/2018 5:09 PM Office of Management and Budget Susan Usher Additional Reviewer Skipped 06/15/2018 3:05 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 06/18/2018 3:30 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/18/2018 4:22 PM 06/26/2018 Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM 18-7289 Aquatic Slide Restoration COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR AQUATIC SLIDE RESTORATION SOLICITATION NO.: 18-7289 KRISTOFER LOPEZ, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8944 Kristofer.lopez@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 18-7289 Aquatic Slide Restoration 1 SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 18-7289 PROJECT TITLE: Aquatic Slide Restoration POST DATE: January 9, 2018 PRE-BID CONFERENCE: N/A BID OPENING DAY/DATE/TIME: February 15, 2018 @ 3:00 PM PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Parks and Recreation Division (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Invitation to Bid (hereinafter, “ITB”) with the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. BACKGROUND The County intends to award a qualified painting contractor to provide services as listed in this solicitation. The awarded contractor shall be responsible for the repainting of water slide flumes at North Collier Regional Parks Sun-N-Fun Lagoon and also repaint exterior water slide flumes and apply gel coat interior at the Golden Gate Aquatic Center . Historically, County departments have spent approximately $140,000; however, this may not be indicative of future buying patterns. TERM OF CONTRACT The contract term, if an award is made, will commence on the date of the Notice to Proceed and end upon acceptance and approv al of the final payment. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at t he time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. AWARD CRITERIA ITB award criteria are as follows: ➢ The County’s Procurement Services Division reserves the right to clarify a vendor’s submittal prior to the award of the solicitation. ➢ It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value to the County. ➢ For the purposes of determining the winning bidder, the County will select the vendor with the lowest price as outlined 18-7289 Aquatic Slide Restoration 2 below: • To award to the lowest, responsive, responsible bidder with the lowest overall price ➢ Collier County reserves the right to select one, or more than one suppliers, award on a line item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: • To award to a single vendor ➢ The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation . DETAILED SCOPE OF WORK See Attachment A: Sun N Fun Lagoon Scope and Specifications See Attachment B: Golden Gate Aquatic Center Scope and Specifications INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. Employer’s Liability $__1,000,000_ single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $__1,000,000__single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonab le attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. Automobile Liability $__1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence 18-7289 Aquatic Slide Restoration 3 Pollution $ __________ Per Occurrence Professional Liability $ ___________ Per claim & in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence Cyber Liability $__________ Per Occurrence Technology Errors & Omissions $__________ Per Occurrence 7. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the 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 busines s 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 exc eed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The sam e Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor’s policy shall be endorsed accordingly. 11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. Thirty (30) Days Cancellation Notice required. ________________________________________________________________________________________ 1/9/2018 GG Kristofer Lopez Procurement Specialist Matt Catoe, Operations Analyst Bid Tabulation Vendors Notified: 2155 Vendors Downloaded: 49 Bids Submitted: 2 Close Construction, LLC Whitewater West Decription:Price:Price: Golden Gate Aquatic Center – Gel Coat Interior and Repaint Exterior Water Slide Flumes 39,500.00$ 75,926.00$ Sun-N-Fun – Repaint Water Slide Flumes 150,000.00$ 161,605.00$ Bid total: 189,500.00$ 237,531.00$ Conflict of Interest Y Y Declaration Statement Y Y Immigration Affidavit Y Y W-9 Y Y Insurance Requirements Y Y Local Vendor Preference Y Y Opened by Kristofer Lopez, Procurement Strategist Witnessed by: Viviana Giaramoustis 18-7289 Aquatic Slide Restoration Kristofer Lopez, Procurement Strategist Mate Catoe, Operations Analyst Notifications Sent: 2155 Vendor Downloaded: 49 Bids Submitted: 2 C;1,14iir Cou-sity AdminisWive Services DepartmeM Procurement Services Division Date: February 26, 2018 Notice of Recommended Award Restoretipn Due; W4 d, c e Required Signatures Scott Holt Kris Lopez oc ent rvices D rector: Edward F. Coyman 1r,-7 d CompanyRespondents 6: Close CQraStructlon, 4LC 1=t Myers Lee FI. ' 5189,500,00 Y/Y. Whitewater West, Fort Myers; Oe Vy W4 d, c e Required Signatures Scott Holt Kris Lopez oc ent rvices D rector: Edward F. Coyman 1r,-7 d SINGLE -CONTRACTOR AWARD AGREEMENT #18-7289 for AQUATIC SLIDE RESTORATION THIS AGREEMENT, made and entered into on this day of 2018, by and between Close Construction, LLC , authorized to do business in the State of Florida, whose business address is 301 NW 4th Avenue, Okeechobee, FL 34972, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner): WITNESSETH: Contract Time and Liquidated Damages — Golden Gate Project: 1.1. Time of Performance. The Contractor shall achieve Substantial Completion within twenty-five (25) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date contained in the Notice to Proceed. Contractor shall achieve Final Completion within five (5) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the County as complete and is so stated by the County as completed. As used herein and throughout the Contract Documents, the phrase "County's Contract Administrative Agent" refers to the County's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.2. Liquidated Damages in General. The County and Contractor recognize that, since time is of the essence for this Agreement, County will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of County's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, County shall be entitled to assess, as liquidated damages, but not as a penalty, Nine -Hundred and Fifty -Six and 00/100 ($956) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, County shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by County as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the County's Contract Administrative Agent issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable Page 1 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC estimate of the County's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. 2. Contract Time and Liquidated Damages — Sun -N -Fun Project: 2.1. Time of Performance. The Contractor shall achieve Substantial Completion within fifty (50) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date contained in the Notice to Proceed. Contractor shall achieve Final Completion within ten (10) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the County as complete and is so stated by the County as completed. As used herein and throughout the Contract Documents, the phrase "County's Contract Administrative Agent" refers to the County's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 2.2. Liquidated Damages in General. The County and Contractor recognize that, since time is of the essence for this Agreement, County will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of County's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, County shall be entitled to assess, as liquidated damages, but not as a penalty, Nine -Hundred and Sixty -Four and 00/100 ($964) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, County shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by County as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the County's Contract Administrative Agent issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. 3. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Notice to Proceed. 4. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Invitation to Bid (ITB) # 18-7289, including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 2 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC Y 0 4.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 5. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 5.1 Price Methodology. Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. 5.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 5.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 6. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 7. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Address: Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): Close Construction, LLC 301 NW 4t" Avenue Okeechobee, Florida 34972 Thomas C. Close, President 863-467-0831 Dan nyC@_closeconstruction.u_s Page 3 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC nso All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Barry Williams Division Name: Parks and Recreation Address: 15000 Livingston Road Naples, Florida 34109 Administrative Agent/PM: Matt Catoe, Operations Analyst Telephone: 239-252-4059 E-Mail(s): Matthew.Catoe(bcolliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 8. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 9. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 10. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. Page 4 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC 11. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 12. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 13. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Page 5 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 14. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 14.1 The duty to defend under this Article 14 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 14 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 15. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks and Recreation Division. 16. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 17. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A Scope of Services, Exhibit B Fee Schedule, ITB #18-7289, including Exhibits, Attachments and Addenda/Addendum, Exhibit C - Release and Affidavit Form, Exhibit D — Form of Contract Application for Payment, Exhibit E - Change Order, Exhibit F - Certificate of Substantial Completion, Exhibit G -Certificate of Final Completion, Exhibit H - Warranty. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to Page 6 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC any County employee, asset forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for Page 7 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may request to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "C" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "D." 23. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other Agreement between Contractor and Owner. 24. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 25. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work Page 8 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 26. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "E" to this Agreement, shall be issued and executed promptly after an Agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 27. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. Page 9 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC 28. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 29. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 30. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 31. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. Page 10 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC 32. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit F, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit G, recommending that on the basis of Owner's observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: A. The Release and Affidavit in the form attached as Exhibit "C." B. Consent of Surety (if applicable) to final payment. C. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. D. The warranty in the form attached as Exhibit "H". Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 33. WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and Page 11 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 34. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 35. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 36. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 37. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 38. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 39. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. Page 12 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC 0 40. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 41, SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 42. SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC CNO IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts :5 Dated: (SEAL) Contractor's Witnesses: Contractors First Witness Signature Shcryl L. Wells, Treasurer TType/print witness nameT rContractor's Second Witness Signature Tamara Collins TTypelprint witness nameT Approved as to Form and Legality: County Attorney Print Name go Andy Solis, Esq., Chairman Close Construction, LLC Contractor By: v Signature Thomas C. Close President / Managing ber TTypelprint signature and titleT Page 14 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC _ Exhibit A Scope of Services [following this page (pages 1 through 39)] EXHIBIT A-1 North Collier Regional Park Sun -n -Fun Repaint Water Slide (10 pages) EXHIBIT A-2 Golden Gate Aquatic Center Gel Coat Interior and Repaint Exterior Water Slide Flumes (29 pages) The County will issue a Notice to Proceed for each project. Page 15 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC EXHIBIT A -1 - NORTH COLLIER REGIONAL PARK SUN -N -FUN REPAINT WATER SLIDE FLUMES REPAINT WATER SLIDE FLUMES SCOPE OF WORK: Furnish all material, labor, tools and equipment to repaint entire exterior of five slide flumes. SPECIFICATIONS: The performance of this work shall comply with the following governing and regulatory authorities: Department of Labor, State Department of Public Health, all State and Local Building Codes and other agency that has legal jurisdiction. PAINT PRODUCT: PSX 700 by PPG Industries or approved equal. Specification for PSX 700 is attached. Follow all applications in accordance with the manufacturer's specifications and requirements. REQUIREMENTS: Surface Preparation for Painting: All surface preparation and subsequent painting shall be performed in such a manner to prevent any damage to, or overspray on, the adjacent structures, fixtures, or equipment. 1. Prepare surface per the paint manufacturer's instruction. 2. Pressure wash surface to remove dirt, wax, etc. 3. Replace any missing or corroded hardware. 4. Sand surface to remove oils and other contaminants. 5. Wipe all surfaces with de-waxing/de-greasing agent. 6. All surfaces to be primed or painted must be clean and dry prior to the application of coatings. 7. Prime coat bare areas as needed. Paint entire exterior surface of flume. PAINT APPLICATION: 1. Apply one coat of primer, approximately 7-10 mills thick as recommended by the paint manufacturer. 2. Apply top coat with as many coats as necessary approximately 7-10 mills thickness minimum per coat to provide a uniform appearance and to cover the pre-existing color completely. 3. The contractor is responsible for protecting freshly painted surface from debris and protecting adjacent existing structures from overspray or damage. 4. Finish work must strictly follow industry standards, references, and recommendations. GENERAL REQUIREMENTS: 9 1. Contractor must have a minimum three (3) years' experience in painting industrial structures and must provide two (2) reference projects of similar scope and size, and if required, should be able to provide references of another similar project completed. 2. All painting will be done with OSHA approved equipment. 3. All spray painting shall be performed in "Full Containment" to prevent any damage to, or overspray on, the adjacent structures, fixtures, or equipment. 4. Cover and protect finished work and surfaces not to be painted. 5. Mix and prepare painting materials in accordance with manufacturer's directions, in an area protected from contamination by spills. 6. All painters shall frequently check wet film thickness with a wet film gauge. 7. Before applying subsequent coats, check each applied coating with a calibrated dry film thickness gauge. 8. Remove hardware, hardware accessories, plates, lighting fixtures, and similar items that are not to be painted, or provide surface applied protection. Reinstall removed items when final coat is thoroughly d ry. 9. No coatings shall be applied during a rainfall, or when rainfall is imminent, and unless the air temperature is at least 50 degrees F and rising. In addition, painting shall not take place when the relative humidity is 86% or higher, or when the temperature of the steel to be coated is less than 5 degrees F above the Dew Point. 10. Paint products shall be delivered to site in unopened containers with manufacturers labels. Protect adjacent finishes and materials, prepare surfaces, and apply materials in strict accordance with manufacturer's recommendations and instructions. Verify material compatibility with substrates. Do not apply paint to wet or damp materials. All coats shall be thoroughly dry before applying succeeding coats. All paint finishes must be evenly spread, free of runs, sags, or other defects. All succeeding coats of paint shall be applied within the Manufacturer's allowable "overcoat time". If circumstances occur that prevents the succeeding coat from being applied within the Manufacturer's allowable "overcoat time", the contractor shall apply an extra "Tack Coat" of the previous coating material, and allow for the specified drying/curing time before proceeding with the next specified, succeeding coat within the allowed overcoat time period. 11. Equipment: All tools, brushes, rollers, spray guns, blast material, hand power tools for cleaning and all equipment, scaffolding materials, and air compressor etc. required to be used shall be suitable for the work and all in good order and be arranged by the contractor at site and in sufficient quantity. CONTRACTOR SUBMITTALS: The Contractor shall submit the following: G 1. Before commencing any surface cleaning or preparation or the application of the coating system, the Contractor shall submit details of the containment system, the cleaning system, the surface preparation and coating systems application to all areas. The detailed submission shall include a detailed description of proposed methods and procedures, sequence of operations, equipment, details of the proposed enclosure/containment system, removed paint, and all other debris. QUALITY MANAGEMENT: 1. The Contractor shall be responsible for quality control testing required to ensure the work meets the requirements described in this Specification, including the required surface preparation. 2. The Contractor shall arrange for a representative of the coating system supplier to visit the site during coating operations to ensure that the surface preparation and coating system application is in accordance with the Manufacturer's recommendations, and acceptable for the coating system's Manufacturer to provide the three (3) year warranty. INSPECTION BY THE CONTRACTOR: 1. Prior to painting, all surfaces shall be visually inspected to ensure that the proper surface conditions exist. Surface is to be inspected for cleanliness, profile and to ensure that moisture, contaminants and surface imperfections are not present. 2. Nothing in these specifications shall relieve the Contractor from responsibility for the workmanship and quality of the preparation and coating systems. CLEAN UP: 1. Clean all sanding debris, overspray and other construction related materials off adjacent areas. 2. Repair any damaged items related to work. 3. Re-establish all disturbed areas to pre-existing condition. CLOSEOUT: At the end of the work, Contractor shall provide two (2) unopened, labeled, one -gallon cans of paint of each type/color used. WARRANTY: Contractor shall warrant all materials and workmanship for a period of a period of one (1) year from the date of final acceptance. ATTACHMENT: PSX 700 Data Sheet aadc a yy�� fop 9�c� 0 9 �y �oP, o a mm � � E' Z •U � « - ww pEQax oei aoiymiica`ac o�g is �EnnS 2222v.o o01� . tzs RES J t �0 a f4 N maocM.S E w .rnpySTccORPNir2�L�yN 6�%ca ' Lv? all y2oE .= - gC dd�O E.cm9-2 EA cy yY��E�ine •'oma �L r2 @,F 3:nL .S�?cu o Cia3Ea '`°"�� s iEL Lw nco`�o`r9�'N .n.1 g E o'c`aco.+ .a coo o mea om o o. gi na yr 2o0`�c e Z o A ,moi 'a 3 c .'o' a 0--r,m :,' a o E c c r E rO o 3 o m 3 a c *! 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Sand complete interior of slide surface with 60 grit sand paper that will be gel coated including upper walls splash guards and outer return _I _I: J -_.._i. c90 EXHIBIT A-2 GOLDEN GATE AQUATIC CENTER Gel Coat Interior and Repaint Exterior Water Slide Flumes SCOPE OF WORK: Furnish all material, labor, tools and equipment necessary to gel coat the interior and repaint entire exterior of the slide flumes. SPECIFICATIONS: The performance of this work shall comply with the following governing and regulatory authorities: Department of Labor, State Department of Public Health, all State and Local Building Codes and other agency that has legal jurisdiction. Paint Product: PSX 700 by PPG Industries or approved equal. Specification for PSX 700 is attached. Follow all applications in accordance with the manufacturer's specifications and requirements. Gel Coat: The gel coat product to be used for coating the interior Open Section of the slide flumes shall be Ferro Ultra Plus-NPG/ISO gel coat or approved equal; Ferro Ultra Plus-NPG/ISO specification is attached. Gel coat color shall be integral to the gel coat with UV inhibitors; gel coat color shall match existing. Provide color samples and verify color selection with Owner. REQUIREMENTS: Surface Preparation for Painting: All surface preparation and subsequent painting shall be performed in such a manner to prevent any damage to, or overspray on, the adjacent structures, fixtures, or equipment. 1. Prepare surface per the paint manufacturer's instruction. 2. Pressure wash surface to remove dirt, wax, etc. 3. Replace any missing or corroded hardware. 4. Sand surface to remove oils and other contaminants. 5. Wipe all surfaces with de-waxing/de-greasing agent. 6. All surfaces to be primed or painted must be clean and dry prior to the application of coatings. 7. Prime coat bare areas as needed. Paint entire exterior surface of flume. PAINT APPLICATION: 1. Apply one coat of primer, approximately 7-10 mills thick as recommended by the paint manufacturer. 2. Apply top coat with as many coats as necessary approximately 7-10 mills thickness minimum per coat to provide a uniform appearance and to cover the pre-existing color completely. M I 3. The contractor is responsible for protecting freshly painted surface from debris and protecting adjacent existing structures from overspray or damage. 4, Finish work must strictly follow industry standards, references, and recommendations. Steps for del coating: 1. Remove all existing caulking on the interior of slide and re -cut seams .50 deep x .108 with a diamond wheel to allow joints to be caulked after gel coating is completed. 2. Sand complete interior of slide surface that will be gel coated including upper walls splash guards and outer returns of slide with 60 grit sand paper. 3. All radius and slide joints are hand sanded to remove sharp edges on seams and guarantee adhesion. 4. Repair all damaged areas on interior of slide surface (stress cracks air voids chips, water leaks on joints, etc.) Small areas are to be repaired using an ISO resin based aerosil putty which is industry standard. If there are larger areas that need repair the area shall be ground down into the laminate and fiberglass shall be sanded smooth and then a layer of ISO gel putty be applied and sanded smooth to match the original curvature of slide surface. 5. Clean slide surface with a detergent, then pressure washed to remove any contaminants in the substrate. 6. Tape off all areas around slide to protect from overspray. 7. Blow clean the surface and clean with acetone before gel coat. 8. Apply gel coat - by external mix spray application in a triple pass spray application vertical horizontal and 45 degree with flash time between passes to allow for uniform coverage of material. • Apply gel coat on an average of 18 to 24 mills on non -ride surfaces and 30 mills on the water track and ride surface. 9. After gel coat has fully cured, check and repair the surface for any defects before taking off the masking. 10. Caulk all seams using Sikaflex 1A, 291 or 3M 4200 and apply a coat of carnauba wax. 11. Allow 48 hours from the time slide was caulked before putting the slide back into service. GENERAL REQUIREMENTS: 1. Contractor must have a minimum three (3) years' experience in painting industrial structures and must provide two (2) reference projects of similar scope and size, and if required, should be able to provide references of another similar project completed. 2. All painting will be done with OSHA approved equipment. �9 O 3. All spray painting shall be performed in "Full Containment" to prevent any damage to, or overspray on, the adjacent structures, fixtures, or equipment. 4. Cover and protect finished work and surfaces not to be painted. 5. Mix and prepare painting materials in accordance with manufacturer's directions, in an area protected from contamination by spills. 6. All painters shall frequently check wet film thickness with a wet film gauge. 7. Before applying subsequent coats, check each applied coating with a calibrated dry film thickness gauge. 8. Remove hardware, hardware accessories, plates, lighting fixtures, and similar items that are not to be painted, or provide surface applied protection. Reinstall removed items when final coat is thoroughly d ry. 9. No coatings shall be applied during a rainfall, or when rainfall is imminent, and unless the air temperature is at least 50 degrees F and rising. In addition, painting shall not take place when the relative humidity is 86% or higher, or when the temperature of the steel to be coated is less than 5 degrees F above the Dew Point. 10. Paint products shall be delivered to site in unopened containers with manufacturers labels. Protect adjacent finishes and materials, prepare surfaces, and apply materials in strict accordance with manufacturer's recommendations and instructions. Verify material compatibility with substrates. Do not apply paint to wet or damp materials. All coats shall be thoroughly dry before applying succeeding coats. All paint finishes must be evenly spread, free of runs, sags, or other defects. All succeeding coats of paint shall be applied within the Manufacturer's allowable "overcoat time". If circumstances occur that prevents the succeeding coat from being applied within the Manufacturer's allowable "overcoat time", the contractor shall apply an extra "Tack Coat" of the previous coating material, and allow for the specified drying/curing time before proceeding with the next specified, succeeding coat within the allowed overcoat time period. 11. Equipment: All tools, brushes, rollers, spray guns, blast material, hand power tools for cleaning and all equipment, scaffolding materials, and air compressor etc. required to be used shall be suitable for the work and all in good order and be arranged by the contractor at site and in sufficient quantity. CONTRACTOR SUBMITTALS: The Contractor shall submit the following: 1. Before commencing any surface cleaning or preparation or the application of the coating system, the Contractor shall submit details of the containment system, the cleaning system, the surface preparation and coating systems application to all areas. The detailed submission shall include a detailed description of proposed methods and procedures, sequence of operations, equipment, details of the proposed enclosure/containment system, removed paint, and all other debris. QUALITY MANAGEMENT: 1. The Contractor shall be responsible for quality control testing required to ensure the work meets the requirements described in this Specification, including the required surface preparation. 2. The Contractor shall arrange for a representative of the coating system supplier to visit the site during coating operations to ensure that the surface preparation and coating system application is in accordance with the Manufacturer's recommendations, and acceptable for the coating system's Manufacturer to provide the three (3) year warranty. INSPECTION BY THE CONTRACTOR: 1. Prior to painting, all surfaces shall be visually inspected to ensure that the proper surface conditions exist. Surface is to be inspected for cleanliness, profile and to ensure that moisture, contaminants and surface imperfections are not present. 2. Nothing in these specifications shall relieve the Contractor from responsibility for the workmanship and quality of the preparation and coating systems. CLEAN UP: 1. Clean all sanding debris, overspray and other construction related materials off adjacent areas, 2. Repair any damaged items related to work. 3. Re-establish all disturbed areas to pre-existing condition. CLOSEOUT: At the end of the work, Contractor shall provide two (2) unopened, labeled, one -gallon cans of paint of each type/color used. WARRANTY: Contractor shall warrant all materials and workmanship for a period of a period of one (1) year from the date of final acceptance. In addition, the contractor shall provide fully authorized, manufacturer's warranties for all gel coating systems. 9 I+'erro Ultra Plus-NMISO gelcoat Ultra Plus-NPG/ISO gelcoat is suited for a broad range of high-quality, open -mold, lay- up applications including boats/yachts, swimming pools, sanitaryware, sinks, recreational vehicles, commercial/mass transit vehicles and industrial components. Ultra Plus-NPG/ISO gelcoat utilizes an isophthalic, acid -based unsaturated polyester resin vehicle. (For resin vehicles containinga. high level of neopentyl glycol [NPG], refer to Ultra l-NPG gelcoat.) While the relative advantages of NPG- and ISO -based resins vary by application and molder preferences, ISO resin is considered to other the greatest chemical and water/osmosis resistance (NPG, the greatest shelf stability, ease of application and ease of repair.) (Please note that characteristics of the base resin can differ significantly from that of the final gelcoat formulation.) Ultra Plus-NPG/ISO gelcoat for polyester laminate applications is comprised of the finest -quality pigments dispersed in an isophthalic acid -based, neopentyl glycol (NPC) resin system. Superior ingredients, together with perfected manufacturing techniques and rigid quality -control standards, optimize every feature you look for in a gelcoat: • Shelf stability • Easy application • Color consistency • Crack resistance • Flexural strength • Water/osmosis resistance • Tear resistance • Chemical resistance • UV light stability • Long-term durability Uncured gelcoat properties (All properties based on 1.5 percent NIEKP) • Gel time a,77°F to your specifications (within parameters required to maintain product integrity) • Gel to peak.................15-20 minutes • Viscosity �cr1.,77°F (LVF 94 @60 rpm)........ 2,300-2,900 cps • Thix index (6/60) ........... 5.0-6.0 • Weight per gallon ........... 9.8-10.8 lbs. • Stability @I 50°F...........5 days minimum • Hegman grind..............5 minimum • Film cure @77°F .......... 40-60 minutes • Hide @ 15 mils (wet)..... complete • Coverage ....................approx. 80 sq.ft./gal., sprayed @20 mils (wet) C90 • Patchability..................good (Ferro patch booster recommended) Typical applications Marine, sanitaryware, recreational vehicles, and other open -mold, hand, lay-up applications. 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Z wim a ;xue aaa x�n � � w i F££� o Z,,, I N 3 g O ED 4 tL 0 o a 4o 5 nig ?ff: - - J p R Rig W I) a w �1 J • O gg J +z z Y Q -1 lito W 12 N _v� 00 a � mm 0/3.n af - w a i � w a nl Q1 J O 0 00, 2�—Q L� ca 20 ov w Ll�zy� Q0 all ��ONO N0 gg gg gg �y WN J p R Rig W I) a w �1 J • O gg J +z z Y Q -1 lito W 12 N _v� 00 a � mm 0/3.n af - w a i � w a nl Q1 J O 0 00, 2�—Q L� ca 20 ov w Ll�zy� Q0 all EXHIBIT B FEE SCHEDULE Description: Lump Sum Price: Golden Gate Aquatic Center — Gel Coat Interior and Repaint Exterior Water Slide $ 39,500-00 Sun -N -Fun — Re mint Water Slide Flumes $ 150,000.00 TOTAL LUMP SUM: $ 189,500.00 Page 16 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: after (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 1 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: [Corporate Seal] The foregoing instrument was acknowledged before me this day of , as of a corporation, on behalf of the corporation. He/she is personally known to me as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: Page 17 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC 20 , by or has produced EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) lSA Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: % Percent Contract Time completed to Date % Liquidated Damages to be Accrued roject Name) Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : DATE: (DP's Name) (Signature) (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Page Page 18 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC kv ❑ Contract Modification EXHIBIT E CHANGE ORDER ❑ Work Order Modification Contract #: Change #: = Purchase Order #: Project #: Contractor/Firm Name: F Project Name: Project Manager Name: Department: Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV/0! Total Change from Original Amount Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount Cumulative Changes $ 0.001 #DIV/01 Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Date Includes this change) # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Prepared by: Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract/ work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable) Approved by: Date: (Design Professional and Name of Firm, if project applicable) Approved by: Date: (Procurement Professional Page 19 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 20 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC cr§ The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20 Design Professional M Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 20 CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20_ OWNER Type Name and Title Page 21 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT G CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page 22 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC The warranty in Exhibit H is attached to and made a part of this Certificate: Executed by Design Professional on 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER Type Name and Title Page 23 of 24 #18-7289 Aquatic Slide Restoration Close Construction, LLC EXHIBIT H WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 24 of 24 & #18-7289 Aquatic Slide Restoration Close Construction, LLC REPAINT WATER SLIDE FLUMES SCOPE OF WORK: Furnish all material, labor, tools and equipment to repaint entire exterior of five slide flumes. SPECIFICATIONS: The performance of this work shall comply with the following governing and regulatory authorities: Department of Labor, State Department of Public Health, all State and Local Building Codes and other agency that has legal jurisdiction. PAINT PRODUCT: PSX 700 by PPG Industries or approved equal. Specification for PSX 700 is attached. Follow all applications in accordance with the manufacturer’s specifications and requirements. REQUIREMENTS: Surface Preparation for Painting: All surface preparation and subsequent painting shall be performed in such a manner to prevent any damage to, or overspray on, the adjacent structures, fixtures, or equipment. 1. Prepare surface per the paint manufacturer’s instruction. 2. Pressure wash surface to remove dirt, wax, etc. 3. Replace any missing or corroded hardware. 4. Sand surface to remove oils and other contaminants. 5. Wipe all surfaces with de-waxing/de-greasing agent. 6. All surfaces to be primed or painted must be clean and dry prior to the application of coatings. 7. Prime coat bare areas as needed. Paint entire exterior surface of flume. PAINT APPLICATION: 1. Apply one coat of primer, approximately 7-10 mills thick as recommended by the paint manufacturer. 2. Apply top coat with as many coats as necessary approximately 7-10 mills thickness minimum per coat to provide a uniform appearance and to cover the pre-existing color completely. 3. The contractor is responsible for protecting freshly painted surface from debris and protecting adjacent existing structures from overspray or damage. 4. Finish work must strictly follow industry standards, references, and recommendations. GENERAL REQUIREMENTS: EXHIBIT A-1- NORTH COLLIER REGIONAL PARK SUN-N-FUN REPAINT WATER SLIDE FLUMES 1. Contractor must have a minimum three (3) years’ experience in painting industrial structures and must provide two (2) reference projects of similar scope and size, and if required, should be able to provide references of another similar project completed. 2. All painting will be done with OSHA approved equipment. 3. All spray painting shall be performed in “Full Containment” to prevent any damage to, or overspray on, the adjacent structures, fixtures, or equipment. 4. Cover and protect finished work and surfaces not to be painted. 5. Mix and prepare painting materials in accordance with manufacturer’s directions, in an area protected from contamination by spills. 6. All painters shall frequently check wet film thickness with a wet film gauge. 7. Before applying subsequent coats, check each applied coating with a calibrated dry film thickness gauge. 8. Remove hardware, hardware accessories, plates, lighting fixtures, and similar items that are not to be painted, or provide surface applied protection. Reinstall removed items when final coat is thoroughly dry. 9. No coatings shall be applied during a rainfall, or when rainfall is imminent, and unless the air temperature is at least 50 degrees F and rising. In addition, painting shall not take place when the relative humidity is 86% or higher, or when the temperature of the steel to be coated is less than 5 degrees F above the Dew Point. 10. Paint products shall be delivered to site in unopened containers with manufacturers labels. Protect adjacent finishes and materials, prepare surfaces, and apply materials in strict accordance with manufacturer’s recommendations and instructions. Verify material compatibility with substrates. Do not apply paint to wet or damp materials. All coats shall be thoroughly dry before applying succeeding coats. All paint finishes must be evenly spread, free of runs, sags, or other defects. All succeeding coats of paint shall be applied within the Manufacturer’s allowable “overcoat time”. If circumstances occur that prevents the succeeding coat from being applied within the Manufacturer’s allowable “overcoat time”, the contractor shall apply an extra “Tack Coat” of the previous coating material, and allow for the specified drying/curing time before proceeding with the next specified, succeeding coat within the allowed overcoat time period. 11. Equipment: All tools, brushes, rollers, spray guns, blast material, hand power tools for cleaning and all equipment, scaffolding materials, and air compressor etc. required to be used shall be suitable for the work and all in good order and be arranged by the contractor at site and in sufficient quantity. CONTRACTOR SUBMITTALS: The Contractor shall submit the following: 1. Before commencing any surface cleaning or preparation or the application of the coating system, the Contractor shall submit details of the containment system, the cleaning system, the surface preparation and coating systems application to all areas. The detailed submission shall include a detailed description of proposed methods and procedures, sequence of operations, equipment, details of the proposed enclosure/containment system, removed paint, and all other debris. QUALITY MANAGEMENT: 1. The Contractor shall be responsible for quality control testing required to ensure the work meets the requirements described in this Specification, including the required surface preparation. 2. The Contractor shall arrange for a representative of the coating system supplier to visit the site during coating operations to ensure that the surface preparation and coating system application is in accordance with the Manufacturer’s recommendations, and acceptable for the coating system’s Manufacturer to provide the three (3) year warranty. INSPECTION BY THE CONTRACTOR: 1. Prior to painting, all surfaces shall be visually inspected to ensure that the proper surface conditions exist. Surface is to be inspected for cleanliness, profile and to ensure that moisture, contaminants and surface imperfections are not present. 2. Nothing in these specifications shall relieve the Contractor from responsibility for the workmanship and quality of the preparation and coating systems. CLEAN UP: 1. Clean all sanding debris, overspray and other construction related materials off adjacent areas. 2. Repair any damaged items related to work. 3. Re-establish all disturbed areas to pre-existing condition. CLOSEOUT: At the end of the work, Contractor shall provide two (2) unopened, labeled, one-gallon cans of paint of each type/color used. WARRANTY: Contractor shall warrant all materials and workmanship for a period of a period of one (1) year from the date of final acceptance. ATTACHMENT: PSX 700 Data Sheet PSX® 700 Engineered Siloxane Coating PPGWind.com PSX® AdvAntAge PSX® 700 is the world’s first weatherable epoxy that embodies the properties of both a high performance epoxy and an acrylic polyurethane in one coat. this multi-purpose coating offers “breakthrough” weather resistance and corrosion control. Product data/aPPlication instructions • Unique, high-gloss, self-priming coating • Can be applied directly over inorganic zinc • Gloss and appearance retention exceeding the best polyurethane • Significantly lower applied costs • Excellent resistance to acid and corrosion • High solids, low VOC • Resists high humidity and moisture • Applied by brush, roller or spray—without thinning • Outstanding resistance to chemical splash and spill tyPical uses PSX® 700 adheres strongly to bare steel, coated steel and inorganic zinc silicate coated surfaces on new construction, repair and field maintenance coating projects. It provides effective long-term corrosion control and weatherability. • Structural steel – Bridges – Marine • Tanks • Piping • Concrete walls and floors • Industrial power plants – Power – Wastewater treatment – Pulp and paper – Chemical and petrochemical • Transportation – Rail car exterior – Vehicle equipment–buses, trucks • Marine – decks – topside and superstructures on ships – Boottops – Barges and offshore platforms Surface temperatures must be at least 5°F (3°C) above dew point to prevent condensation during application and initial dry through. Relative humidity lower than 40% will extend dry times. Heat curing Allow 700 to dry to touch before exposing to curing temperatures above 140°F. aPPlication Procedure Adhere to all application instructions, precautions, conditions, and limitations to obtain the maximum performance. For conditions outside the requirements or limitations described, contact your PPG representative. 1. Flush equipment with thinner or Amercoat® 12 before use. 2. Mix to a uniform consistency. 3. Add PSX® 700 cure to 700 resin. Mix thoroughly until uniformly blended. Pot life (hours)* °F/°C 90/32 70/21 50/10 700 & 700FD 1.5 4 6.5 4. If needed for workability, thin** with Amercoat 65 or 101 up to 1 pint per gallon PSX® 700. 5. Apply a wet coat in even, parallel passes, overlap each pass 50 percent to avoid holidays, bare areas and pinholes. If required, follow with a cross spray at right angles to first pass. Drying time (ASTM D1640) (hours) @ 40% R.H. or above Recoat/topcoat time (hours) @ 40% R.H. or above 6. Brush and/or roll applications will require 2 coats to achieve a 7 mil DFT. There will be some surface texture, which is typical for brush and roll applications. 7. When applying PSX® 700 directly over Dimetcote® or Amercoat 68HS see special thinning instructions. 8. Clean all equipment with thinner or Amercoat 12 cleaner immediately after use. * Thinning material with 1⁄2 pt/gal after 3 hours will extend pot life to 5 hours at 70°F. ** See special thinning for application over Dimetcote and Amercoat 68HS primers. *** See surface preparation for aged coatings. thinning for aPPlication over dimetcote thin PSX® 700 with Amercoat 65 or 101 up to 1 pint per gallon to assist in film thickness control and to minimize bubbling. This will depend on the age of the coating, surface roughness and conditions during curing. Based on conditions an interval between the mist-coat and full-coat may assist in the application. safety Precautions Read each component’s material safety data sheet before use. Mixed material has hazards of each component. Safety precautions must be strictly followed during storage, handling and use. CAUTION – Improper use and handling of this product can be hazardous to health and cause fire or explosion. Do not use this product without first taking all appropriate safety measures to prevent property damage and injuries. These measures may include, without limitation: implementation of proper ventilation, use of proper lamps, wearing of proper protective clothing and masks, tenting and proper separation of application areas. Consult your supervisor. Proper ventilation and protective measures must be provided during application and drying to keep spray mists and vapor concentrations within safe limits and to protect against toxic hazards. Necessary safety equipment must be used and ventilation requirements carefully observed, especially in confined or enclosed spaces, such as tank interiors and buildings. This product is to be used by those knowledgeable about proper application methods. PPG makes no recommendation about the types of safety measures that may need to be adopted because these depend on application environment and space, of which PPG is unaware and over which it has no control. If you do not fully understand these warnings and instructions or if you cannot strictly comply with them, do not use the product. Note: Consult Code of Federal Regulations Title 29, Labor, parts 1910 and 1915 concerning occupational safety and health standards and regulations, as well as any other applicable federal, state and local regulations on safe practices in coating operations. This product is for industrial use only. Not for residential use. shiPPing data Packaging unit 1-gal 5-gal cure 0.20 gal in 1-qt can 1 gal in 1-gal can FD cure 0.20 gal in 1-qt can 1 gal in 1-gal can resin 0.80 gal in 1-gal can 4 gal in 5-gal can Shipping weight (approx) lb kg 1-gal unit cure 2.0 00.9 FD cure 1.8 00.8 resin 10.3 4.7 5-gal unit cure 9.0 4.1 FD cure 8.9 4.0 resin 50 22.7 Shelf life when stored indoors at 40 to 100°F (4 to 38°C) resin and cure 1 year from shipment date Numerical values are subject to normal manufacturing tolerances, colors and testing variances. Allow for application losses and surface irregularities. This product is photochemically reactive as defined by the South Coast Air Quality Management District’s Rule 102 or equivalent regulations. °F/°C touch (700) touch (700FD) through (700) through (700FD) 90/32 1.5 1 4 3 70/21 3 2 6 4.5 50/10 6 4.5 11 8.5 32/0 12 9 38 24 °F/°C minimum (700 over 700) minimum (700FD over 700FD) 90/32 3 2 70/21 4.5 3 50/10 9 7 32/0 32 18 www.ppgpmc.com | 1-800-441-9695 Qualifications NFPA – Class A USDA – Incidental food contact * When applying more than one coat, it is recommended that total dry film thickness not exceed 10 mils. ** The mixed and applied coating cure reaction will produce VOC of mixed alcohols. For 100 g/l VOC requirements, a VOC – exempt thinner such as Amercoat 939 may be used as needed. tyPical ProPerties systems using PsX 700 or 700fd Finish gloss Color See Color Card Yellow, red and orange colors will fade faster than other colors due to the replacement of lead-based pigments with lead-free pigments in these colors. Components 2 Curing mechanism Chemical reaction Volume solids (calculated) PSX 700 PSX 700Fd 90% ± 3% 90% ± 3% Coats*1 or 2 Theoretical coverage 1 mil (25 microns) 3 mils (75 microns) 5 mils (125 microns) 7 mils (175 microns) ft2/gal 1444 481 289 206 m2/L 35.5 11.8 7.1 5.1 VOC** 700 & 700FD (EPA method 24) 700 & 700FD mixed/thinned @ 2 1/2 oz/gal (calculated) lb/gal 0.7 0.83 g/L 84.0 99.9 Temperature resistance, dry continuous intermittent °F 200 250 °C 193 121 Flash Point (SETA) resin cure Fd cure Amercoat 12 Amercoat 65 Amercoat 101 Amercoat 939 °F 207 205 180 2 81 145 60 °C 97 96 82 -17 27 63 16 Physical data PHYSICAL Abrasion resistance (ASTM D4060) 1 kg load/1000 cycles weight loss CS-17 wheel 53mg Adhesion, elcometer (ASTM D4541) 2700 psi Elongation (ASTM D522)14% PERFORMANCE Salt spray (ASTM B117) 5500 hours Face corrosion, blistering none Humidity (ASTM D2247)5500 hours Face corrosion, blistering none Gloss retention (ASTM G53) QUV-B bulb Greater than 50% gloss retention at 26 weeks CHEMICAL RESISTANCE GUIDE Environment Splash and Spillage Fumes and Weather Acidic Alkaline Salt solutions acidic neutral alkaline Fresh water Solvents Petroleum products e e e e e e e e e e e e e e e e F-Fair G-Good E-Excellent This table is only a guide to show typical resistances of PSX® 700. For specific recommendations, contact your PPG representative for your particular corrosion protection needs. Substrate Coats DFT per Coat Steel (blasted) Intact coating dimetcote† Amercoat 68HS†, 370 or 385 Amerlock Series Concrete†† Amercoat 385, Amerlock Series Masonry Amerlock 400BF Nu-Klad 965 1 or 2 1 1 1 1 2 1 1 1 1 5-7 3 4-6 3-5 3-5 5-7 3-5 3-5 3-5 3-5 † Mist-coat/full-coat application may be required. See special thinning instructions. †† Fill voids with Nu-Klad 114A prior to applying Amercoat 385, Amerlock Series. ‡‡See surface preparation for aged coatings. ** Appearance will vary depending on substrate and application method. Use two coats of PSX® 700 over bare concrete. surface PreParation Coating performance is, in general, proportional to the degree of sur- face preparation. Refer to specifications for the specific primer being used. Prior to coating, primed surface must be clean, dry, undamaged and free of all contaminants including salt deposits. Round off all rough welds and remove all weld spatter. Steel – Remove all loose rust, dirt, grease or other contaminants by one of the following depending on the degree of cleanliness required: SSPC-SP6 or 10. The choice of surface preparation will depend on the primer selected and end-use service conditions. In very low to low cor- rosivity environments, PSX 700 may be applied directly to steel that has been abrasive-blasted to a near-white metal condition (SSPC-SP10). Concrete – Acid etching (ASTM D4260) or abrasive blast (ASTM D4259) new concrete before priming. Aluminum – Remove oil, grease or soap film with neutral detergent or emulsion cleaner, blast lightly with fine abrasive. Galvanizing – Remove oil or soap film with detergent or emulsion cleaner, then blast lightly with fine abrasive. Aged coatings – Contact your PPG representative. A test patch of PSX® 700 over intact clean coating and observation for film defects over a period of time may be required, dependant upon the type of aged coating. PSX® 700 is compatible over Amercoat 450H and Amershield. Repair – Prepare damaged areas to original surface preparation specifications, feathering edges of intact coating. Thoroughly remove dust or abrasive residue before touch up. aPPlication eQuiPment the following is a guide; suitable equipment from other manufacturers may be used. Changes in pressure, hose and tip size may be needed for proper spray characteristics. Airless spray – Standard equipment with a 30 to 1 pump ratio or larger with a 0.015- to 0.021-in. (0.38 to 0.53 mm) fluid tip. Conventional spray – Industrial equipment such as DeVilbiss MBC or JGA spray gun with 78 or 765 air cap and “E” fluid tip, or Binks No. 18 or 62 gun with a 66 x 63 PB nozzle set up. Separate air and fluid pressure regulators, and a moisture and oil trap in the main air supply line are recommended. Power mixer – Jiffy Mixer powered by an air or an explosion proof electric motor. Brush – natural bristle. Maintain wet edge. Roller – Use industrial roller. Level any air bubbles with bristle brush. environmental conditions Temperature °F °C air 40 to 120 4 to 49 surface 40 to 120 4 to 49 Relative humidity 40% minimum Applied over** Prepared or primed steel, primed concrete, prepared galvanizing or aluminum Surface preparation steel concrete galvanizing aluminum aged coatings SSPC-SP5, 6 or 10 ASTM D4259 or 4260 Galvaprep or blast lightly Alumiprep or blast lightly Contact your PPG representative Primers dimetcote® 9 Series, Dimetcote® 21-5, Amerlock® Series, Amercoat 68HS, 351, 370, 385 Method Airless or conventional spray, brush or roller Mixing ratio (by volume)4 parts resin to 1 part cure Pot life (hours)‡ °F/°C 700 & 700Fd 90/32 1.5 70/21 4 50/10 6.5 ‡ Thinning material with 1⁄2 pt/gal after 3 hours will extend pot life to 5 hours at 70°F. aPPlication data temperature air surface Relative humidity °F 40 to 120 40 to 120 40% minimum °C 4 to 49 4 to 49 Surface temperatures must be at least 5°F (3°C) above dew point to prevent condensation during application and initial dry through. Relative humidity lower than 40% will extend dry times. environmental conditions Heat curing Allow 700 or 700Fd to dry to touch before exposing to curing temperatures above 140°F. Drying time (ASTM D1640) (hours) @ 40% R.H. or above °F/°C touch (700) touch (700FD) through (700) through (700FD) 90/32 1.5 1 4 3 70/21 3 2 6 4.5 50/10 6 4.5 11 8.5 32/0 12 9 38 24 °F/°C minimum (700 over 700) minimum (700FD over 700FD) maximum‡‡ 90/32 3 2 none 70/21 4.5 3 50/10 9 7 32/0 32 18 Thinner Amercoat 65, 101 Equipment cleaner Thinner or Amercoat 12 Engineered Siloxane Coating Recoat/topcoat time (hours) @ 40% R.H. or above SLIDE FLUME CAULK JOINT Remove all existing caulking on interior of slide and recut seams .50 deep x .108 with a diamond wheel, to allow joints to be caulked after gel coating is completed. 7 Sand complete interior of slide surface with 60 grit sand paper that will be gel coated including upper walls splash guards and outer return of slide surface . . so Gel Coat Interior and Repaint Exterior Water Slide Flumes SCOPE OF WORK: Furnish all material, labor, tools and equipment necessary to gel coat the interior and repaint entire exterior of the slide flumes. SPECIFICATIONS: The performance of this work shall comply with the following governing and regulatory authorities: Department of Labor, State Department of Public Health, all State and Local Building Codes and other agency that has legal jurisdiction. Paint Product: PSX 700 by PPG Industries or approved equal. Specification for PSX 700 is attached. Follow all applications in accordance with the manufacturer’s specifications and requirements. Gel Coat: The gel coat product to be used for coating the interior Open Section of the slide flumes shall be Ferro Ultra Plus-NPG/ISO gel coat or approved equal; Ferro Ultra Plus-NPG/ISO specification is attached. Gel coat color shall be integral to the gel coat with UV inhibitors; gel coat color shall match existing. Provide color samples and verify color selection with Owner. REQUIREMENTS: Surface Preparation for Painting: All surface preparation and subsequent painting shall be performed in such a manner to prevent any damage to, or overspray on, the adjacent structures, fixtures, or equipment. 1. Prepare surface per the paint manufacturer’s instruction. 2. Pressure wash surface to remove dirt, wax, etc. 3. Replace any missing or corroded hardware. 4. Sand surface to remove oils and other contaminants. 5. Wipe all surfaces with de-waxing/de-greasing agent. 6. All surfaces to be primed or painted must be clean and dry prior to the application of coatings. 7. Prime coat bare areas as needed. Paint entire exterior surface of flume. PAINT APPLICATION: 1. Apply one coat of primer, approximately 7-10 mills thick as recommended by the paint manufacturer. 2. Apply top coat with as many coats as necessary approximately 7-10 mills thickness minimum per coat to provide a uniform appearance and to cover the pre-existing color completely. EXHIBIT A-2 GOLDEN GATE AQUATIC CENTER 3. The contractor is responsible for protecting freshly painted surface from debris and protecting adjacent existing structures from overspray or damage. 4. Finish work must strictly follow industry standards, references, and recommendations. Steps for gel coating: 1. Remove all existing caulking on the interior of slide and re-cut seams .50 deep x .108 with a diamond wheel to allow joints to be caulked after gel coating is completed. 2. Sand complete interior of slide surface that will be gel coated including upper walls splash guards and outer returns of slide with 60 grit sand paper. 3. All radius and slide joints are hand sanded to remove sharp edges on seams and guarantee adhesion. 4. Repair all damaged areas on interior of slide surface (stress cracks air voids chips, water leaks on joints, etc.) Small areas are to be repaired using an ISO resin based aerosil putty which is industry standard. If there are larger areas that need repair the area shall be ground down into the laminate and fiberglass shall be sanded smooth and then a layer of ISO gel putty be applied and sanded smooth to match the original curvature of slide surface. 5. Clean slide surface with a detergent, then pressure washed to remove any contaminants in the substrate. 6. Tape off all areas around slide to protect from overspray. 7. Blow clean the surface and clean with acetone before gel coat. 8. Apply gel coat - by external mix spray application in a triple pass spray application vertical horizontal and 45 degree with flash time between passes to allow for uniform coverage of material. • Apply gel coat on an average of 18 to 24 mills on non-ride surfaces and 30 mills on the water track and ride surface. 9. After gel coat has fully cured, check and repair the surface for any defects before taking off the masking. 10. Caulk all seams using Sikaflex 1A, 291 or 3M 4200 and apply a coat of carnauba wax. 11. Allow 48 hours from the time slide was caulked before putting the slide back into service. GENERAL REQUIREMENTS: 1. Contractor must have a minimum three (3) years’ experience in painting industrial structures and must provide two (2) reference projects of similar scope and size, and if required, should be able to provide references of another similar project completed. 2. All painting will be done with OSHA approved equipment. 3. All spray painting shall be performed in “Full Containment” to prevent any damage to, or overspray on, the adjacent structures, fixtures, or equipment. 4. Cover and protect finished work and surfaces not to be painted. 5. Mix and prepare painting materials in accordance with manufacturer’s directions, in an area protected from contamination by spills. 6. All painters shall frequently check wet film thickness with a wet film gauge. 7. Before applying subsequent coats, check each applied coating with a calibrated dry film thickness gauge. 8. Remove hardware, hardware accessories, plates, lighting fixtures, and similar items that are not to be painted, or provide surface applied protection. Reinstall removed items when final coat is thoroughly dry. 9. No coatings shall be applied during a rainfall, or when rainfall is imminent, and unless the air temperature is at least 50 degrees F and rising. In addition, painting shall not take place when the relative humidity is 86% or higher, or when the temperature of the steel to be coated is less than 5 degrees F above the Dew Point. 10. Paint products shall be delivered to site in unopened containers with manufacturers labels. Protect adjacent finishes and materials, prepare surfaces, and apply materials in strict accordance with manufacturer’s recommendations and instructions. Verify material compatibility with substrates. Do not apply paint to wet or damp materials. All coats shall be thoroughly dry before applying succeeding coats. All paint finishes must be evenly spread, free of runs, sags, or other defects. All succeeding coats of paint shall be applied within the Manufacturer’s allowable “overcoat time”. If circumstances occur that prevents the succeeding coat from being applied within the Manufacturer’s allowable “overcoat time”, the contractor shall apply an extra “Tack Coat” of the previous coating material, and allow for the specified drying/curing time before proceeding with the next specified, succeeding coat within the allowed overcoat time period. 11. Equipment: All tools, brushes, rollers, spray guns, blast material, hand power tools for cleaning and all equipment, scaffolding materials, and air compressor etc. required to be used shall be suitable for the work and all in good order and be arranged by the contractor at site and in sufficient quantity. CONTRACTOR SUBMITTALS: The Contractor shall submit the following: 1. Before commencing any surface cleaning or preparation or the application of the coating system, the Contractor shall submit details of the containment system, the cleaning system, the surface preparation and coating systems application to all areas. The detailed submission shall include a detailed description of proposed methods and procedures, sequence of operations, equipment, details of the proposed enclosure/containment system, removed paint, and all other debris. QUALITY MANAGEMENT: 1. The Contractor shall be responsible for quality control testing required to ensure the work meets the requirements described in this Specification, including the required surface preparation. 2. The Contractor shall arrange for a representative of the coating system supplier to visit the site during coating operations to ensure that the surface preparation and coating system application is in accordance with the Manufacturer’s recommendations, and acceptable for the coating system’s Manufacturer to provide the three (3) year warranty. INSPECTION BY THE CONTRACTOR: 1. Prior to painting, all surfaces shall be visually inspected to ensure that the proper surface conditions exist. Surface is to be inspected for cleanliness, profile and to ensure that moisture, contaminants and surface imperfections are not present. 2. Nothing in these specifications shall relieve the Contractor from responsibility for the workmanship and quality of the preparation and coating systems. CLEAN UP: 1. Clean all sanding debris, overspray and other construction related materials off adjacent areas. 2. Repair any damaged items related to work. 3. Re-establish all disturbed areas to pre-existing condition. CLOSEOUT: At the end of the work, Contractor shall provide two (2) unopened, labeled, one-gallon cans of paint of each type/color used. WARRANTY: Contractor shall warrant all materials and workmanship for a period of a period of one (1) year from the date of final acceptance. In addition, the contractor shall provide fully authorized, manufacturer’s warranties for all gel coating systems. 1r ;. ,l In I:: i \ \