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#17-7198 Amendment #1 (Manhattan Construction) }Iifjyt OP r^1 If ! t '.1r)( R`t�T FIRST AMENDMENT TO AGREEMENT # 17-7198 FOR CONSTRUCTION MANAGEMENT AT RISK CONTRACT CONSTRUCTION PHASE SERVICES FOR COLLIER COUNTY SPORTS COMPLEX PROJECT NO: 50156 DATE OF CONTRACT: September,,2018 PROJECT NAME AND Construction Manager at Risk Services For LOCATION: Collier County Sports Complex Project Naples,Florida 34117 CONSTRUCTION MANAGER: Manhattan Construction(Florida), Inc. 3705-1 Westview Drive Naples, FL 34104 (239)643-6000 Florida GCG #1525079 DESIGN PROFESSIONAL: Davidson Engineering, Inc. 4365 Radio Road#201 Naples, Florida 34104 THIS FIRST AMENDMENT,is made and entered into as of this 254-‘day of September,2018 by and between Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida,hereinafter referred to as the"Owner"and Manhattan Construction(Florida),Inc., authorized to do business in the State of Florida,whose business address is 3705-1 Westview Drive,Naples, Florida 34104,hereinafter referred to as "Construction Manager"or"Contractor." WITNESSETH: WHEREAS, on February 13, 2018, Agenda Item 16.D.21, the County entered into an Agreement with CONSTRUCTION MANAGER for Construction Management at Risk services for Preconstruction Phase Services for the Collier County Sports Complex(the"Agreement"); and WHEREAS, pursuant to Section XI.E., Basis of Guaranteed Maximum Price, of the Agreement, the parties agreed to Amend the Agreement to specifically address the future incorporation of the Construction Phase Services portion of the project; and WHEREAS, the parties wish to amend the Agreement to incorporate the Phase 0—GMP#01 Lake Excavation, Clearing&Grubbing proposal, set the Guaranteed Maximum Price for this Phase of the project,as well as establishing the Construction Manager's Fee,and including all other provisions necessary to promote the successful performance of the Construction Phase of the project, as reflected in the Construction Phase Services Additional Terms and Conditions(attached hereto). NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the parties as follows: 1. CONSTRUCTION MANAGER'S FEE: The Construction Manager's Fee for work or services performed during the Construction of Phase 0 — GMP#01 Lake Excavation, Clearing& Grubbing in the amount of$106,273.17. 2. COST OF THE WORK The total cost of Phase 0—GMP#01 Lake Excavation, Clearing&Grubbing is $3,093,711.64. 3. GUARANTEED MAXIMUM Pursuant to Section XI. Basis of Guaranteed Maximum Price, of the Agreement and as otherwise more specifically set forth in this Amendment,the Construction Manager's Guaranteed Maximum Price for Phase 0 — GMP#01 Lake Excavation, Clearing & Grubbing Work only, including the Construction Manager's Fee and cost of the Work is $3,199,984.81. See Exhibit E, attached. This cost is for the performance of the Work in accordance with the Contract Documents listed and attached to this First Amendment, which is incorporated herein. 4. CONTRACT TIME The total time beginning with the Construction Phase 0—GMP#01 Lake Excavation,Clearing&Grubbing Work Commencement Date to the date of Substantial Completion of the Work is 234 calendar days ("Contract Time"). 2 IN WITNESS WHEREOF,the parties hereto,have each,respectively,by an authorized person or agent, have executed this Amendment on the date and year first written above, ATTEST: Crystal Kinzel,Acting Clerk of Courts OWNER: Board of County Commissioners,Collier County, Florida,a poli ' I subdivision of the Stat Flo a 1 r: • s By Andy Solis,Chairman {Sl;�IL . st as to Chairman's signature only. CON RUCTION MANAGER's Witnesses: CONSTRUCTION MANAGER: 411161 Manhattan Co i struction • +rida), c. s543i>• A AM / By: `Ylarz Sk7 it Gordon Knapp, Type/print 4itness nam. Senior Vice President-F .rida Second Witness "- n Type/print wi ess name Ap oved as t+ or + d g ity: Sco'T.Te, h Deputy County Attorney Cn 3 '. �'t"li Construction Phase Services Additional Terms and Conditions ARTICLE DESCRIPTION PAGE 1.0.0 THE CONSTRUCTION TEAM AND EXTENT OF AGREEMENT 8 1.1.0 The Construction Team 8 1.2.0 Extent of Agreement 8 1.3.0 Definitions 9 2.0.0 CONSTRUCTION MANAGER'S SERVICES 9 2.1.0 General 9 2.2.0 Review of Contract Documents and Field Conditions 9 2.3.0 Job-Site Facilities and Weather Protection 10 2.4.0 Construction Phase 10 3.0.0 OWNER'S RESPONSIBILITIES 20 3.1.0 Owner's Information 20 3.2.0 Owner's Representative 20 3.3.0 Design Professional's Agreement 21 3.4.0 Site Survey And Reports 21 3.5.0 Approvals And Easements 21 3.6.0 Legal Services 21 3.7.0 Drawings And Specifications 21 3.8.0 Cost Of Surveys And Reports 21 3.9.0 Project Fault Defects 21 3.10.0 Funding 21 3.11.0 Lines Of Communication 21 3.12.0 Lines Of Authority 21 3.13.0 Permitting&Code Inspections 21 4.0.0 PERMITTING AND INSPECTION 22 4.1.0 Building Permits 22 4.2.0 Code Inspections 22 5.0.0 SUBCONTRACTS 22 5.1.0 Definition 22 5.2.0 Proposals 22 5.3.0 Required Subcontractors'Qualifications And Subcontract Conditions 22 5.3.1 Owner's Approval of Subcontractors 22 5.3.2 Subcontractual Relations 23 5.3.3 Subcontractual Requirements 23 5.4.0 Responsibilities For Acts And Omissions 24 5.5.0 Subcontracts To Be Provided 24 4 ,IE. ARTICLE DESCRIPTION PAGE 6.0.0 SCHEDULE,TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 24 6.1.0 Project Substantial Completion Date,Project Final Completion Date And Owner Occupancy Date 24 6.2.0 Liquidated Damages 25 6.2.1 For Delay in Substantial Completion 25 6.2.2 For Delay in Final Completion 25 6.2.3 Construction Manager Delay 25 6.2.4 Date of Owner Occupancy 26 7.0.0 GUARANTEED MAXIMUM PRICE FOR CONSTRUCTION 26 7.1.0 Guaranteed Maximum Price(GMP)Proposal 26 7.2.0 GMP Amendment(Amendment No. 1)(see,Exhibit E) 26 8.0.0 CONSTRUCTION MANAGER'S FEE 27 8.1.0 Fee 27 8.1.1 Preconstruction Phase Fee 27 8.1.2 Construction Phase Fee 27 9.0.0 COST OF THE WORK 27 9.1.0 Definition 27 9.2.0 Direct Cost Items 30 10.0.0 CHANGE IN THE PROJECT 30 10.1.0 Change Orders 30 10.1.1 Change Order Definition 30 10.1.2 Acceptable Ways Of Determining Increases Or Decrease 30 In The GMP On Change Orders 30 10.1.3 Itemized Accounting On Change Orders 30 10.1.4 Adjustments In Unit Prices&GMP Due To Inequitable Quantity Changes 30 10.1.5 Concealed Conditions 30 10.2.0 Claims For Additional Cost Or Time 31 10.3.0 Minor Changes In The Project 31 10.4.0 Emergencies 31 11.0.0 DISCOUNTS AND PENALTIES 31 11.1.0 Discounts And Penalties 31 12.0.0 PAYMENTS TO THE CONSTRUCTION MANAGER 32 12.1.0 Monthly Applications for Payments 32 12.2.0 Final Payment 33 12.3.0 Payments To Subcontractors 34 12.4.0 Delayed Payments By Owner 34 12.5.0 Payments For Materials And Equipment. 34 12.6.0 Withholding Payments To Subcontractors 34 5 r�r�' ARTICLE DESCRIPTION PAGE 13.0.0 INSURANCE,INDEMNITY AND WAIVER OF SUBROGATION 35 13.1.0 Indemnity 35 13.2.0 Construction Manager's Insurance 35 13.3.0 Owner's Insurance 38 13.4.0 Other Insurance Terms 38 13.5.0 Waiver Of Subrogation 38 14.0.0 TERMINATION OF THE AGREEMENT AND OWNER'S RIGHT TO PERFORM 39 CONSTRUCTION MANAGER'S OBLIGATION 14.1.0 Termination By The Construction Manager 39 14.2.0 Owner's Right To Perform Construction Manager's Obligations And Termination 39 By Owner For Cause 14.3.0 Termination By Owner Without Cause 40 15.0.0 ASSIGNMENT AND GOVERNING LAW 41 15.1.0 Assignment Consent 41 15.2.0 Governing Laws 41 16.0.0 NOTICE OF CLAIM;WAIVER OF REMEDIES;PROCEDURE FOR DELAY CLAIM 41 16.1.0 Notice of Claim 41 16.2.0 Resolution of Claims and Disputes,Generally 42 16.3.0 Venue 42 16.4.0 Remedy for Delay 42 16.5 Waiver of Consequential Damages 42 17.0.0 MISCELLANEOUS 42 17.1.0 Harmony 42 17.2.0 Apprentices 43 17.3.0 Applications for Payment 43 17.4.0 Construction Manager's Project Records 43 17.5.0 Minority Participation 43 17.6.0 Construction Managers Payment Rights 43 17.7.0 Public Entity Crime Information Statement 43 17.8.0 Unauthorized Aliens 43 17.9.0 Electronic Mail Capabilities 44 17.10 Captions and Section Headings 44 17.11 Agreement Preparation 44 17.12 Third Party Beneficiaries 45 17.13 Definition of"day" 45 17.14 Statutory Disclosures 45 6 \! EXHIBITS DESCRIPTION A Construction Team Assigned Representatives B Construction Manager's Personnel C Certificate of Substantial Completion D Construction Manager's Final Payment Affidavit E GMP Proposal F Payment and Performance Bond Form G Construction Manager's Standard Staff Rates H Release and Affidavit Form I Form of Contract Application for Payment J Consent of Surety K Change Order L Final Payment Check List 7 ARTICLE 1 THE CONSTRUCTION TEAM AND EXTENT OF AMENDMENT The Construction Manager accepts the relations of trust and confidence established between it and the Owner by this Amendment. Construction Manager covenants with the Owner to: furnish Construction Manager's best skill and judgement and to cooperate with the Design Profession in furthering the interests of the Owner. Construction Manager agrees to furnish efficient business administration and superintendence and use its best efforts to complete the Project in the best,most expeditious and economical manner consistent with the interest of the Owner. 1.1 The Construction Team - The Construction Manager, Owner's representative, and the Design Professional, called the "Construction Team", shall work jointly during design and through final construction completion and shall be available thereafter should additional services be required. The Design Professional will provide leadership during the Pre-construction Phase with support from the Construction Manager and the Construction Manager shall provide leadership to the Construction Team on all matters relating to construction. The specific representatives of the"Construction Team"are shown in Exhibit A attached. 1.2 Extent of Amendment-This Amendment to Contract No. 17-7198,"Agreement for Construction Manager at Risk Preconstruction Phase Services Collier County Sports Complex" located in Naples, FL, 34117, between-the Owner and the Construction Manager specifically amends that Agreement to address the Construction Phase Services portion of the project, to incorporate the initial Phase 0—GMP#01 Lake Excavation,Clearing&Grubbing guaranteed maximum proposal, establish the Construction Manager's Fee and to include all other provisions necessary to promote the successful subsequent performance of the Construction Phases of the project. This Amendment supersedes any prior negotiations or representations with respect to the Construction Phase Services for this project. When drawings,specifications and other descriptive documents defining the work to be included under a construction authorization are complete, they shall be identified in the construction authorization issued by Owner's Representative. When drawings, specifications and other descriptive documents defining the work to be included in the guaranteed maximum price (GMP) are sufficiently complete, an Amendment to the Agreement shall be signed by the Owner and Construction Manager, acknowledging the GMP amount and the drawings, specifications and other descriptive documents upon which the GMP is based. To expedite the preparation of this GMP Amendment by the Owner,the Construction Manager shall(i)obtain three(3)sets of signed, sealed and dated drawings; (ii) obtain one (1) reproducible set of drawings; (iii) obtain specifications and other documents upon which the GMP is based from the Design Professional; (iv) shall acknowledge on the face of each document of each set that it is the set upon which Construction Manager based its GMP; and shall send one set of the documents to Owner's Representative along with its GMP Proposal (see, subsection 7.1.0). Construction Manager shall keep one set for himself and return one set to the Design Professional. The GMP Proposal shall include the following sections: Section One: GMP Budget Summary Section Two: GMP Clarifications and Assumptions Section Three: General Conditions Budget Estimate Section Four: Allowances (f required) Section Five: GMP Bid Tabulations and Recommendations Section Six: Preliminary Construction Schedule 8 Section Seven Document Rider—List of Contract Documents (including Plans and Specifications to which the GMP Budget is based upon) Section Eight Site Utilization Plan Section Nine Value Engineering Tracker(f required) This Amendment shall not be superseded by any provisions of the documents for construction and may be amended only by written instrument signed by both Owner and Construction Manager. 1.3 Defmitions: Design Professional-Davidson Engineering,Inc., 4365 Radio Road#201,Naples,FL 34104 Construction Manager- Manhattan Construction (Florida), Inc., 3705-1 Westview Drive, Naples, FL 34104(239)643-6000 Estimate-The Construction Manager's latest estimate of probable project construction cost. Owner-Board of County Commissioners of Collier County,Florida Owner's Representatives - The person or person(s) designated by the Owner to provide direct interface with the Construction Manager with respect to the Owner's responsibilities. Permitting Authority-Any governmental agency having jurisdiction over any portion of the Project. Project-The Project is the total work to be performed under this Agreement. The Project consists of permitting, zoning, construction and code inspection for Project No. 50156, Collier County Sports Complex,Naples,Florida,34117,necessary to build the various phased component parts of the Project. ARTICLE 2 CONSTRUCTION MANAGER'S SERVICES The services which the Construction Manager shall provide include,but are not limited to,those described or specified herein. The services described or specified shall not be deemed to constitute a comprehensive specification having the effect of excluding services not specifically mentioned. 2.1 General—The Construction Manager shall perform the Work of the Project in accordance with the Contract Documents. Unless stated differently in any GMP Amendment, the Construction Phase shall commence after the Owner's acceptance of the Construction Manager's GMP Proposal and upon the Owner's issuance of a Notice to Proceed (hereinafter the "Commencement Date"). Until the Project has reached a stage of Final Completion,the Construction Manager shall report on the progress of the Project to the Owner as provided herein. 2.2 Review of Contract Documents and Field Conditions (1) By execution of this Amendment, the Construction Manager represents that it has visited the site,become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. (2) Because the Contract Documents are complementary,the Construction Manager shall, before starting each portion of the Work,carefully study and compare the various Contract Documents 9 relative to that portion of the Work,as well as the information furnished by the Owner pursuant to Article 3, shall take field measurements of any existing conditions related to that portion of the Work,and shall observe any conditions at the site affecting it.These obligations are for the purpose of facilitating coordination and construction by the Construction Manager and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents; however,the Construction Manager shall promptly report to the Design Professional any errors, inconsistencies or omissions discovered by the Construction Manager.It is recognized that the Construction Manager's review is made in the Construction Manager's capacity as a contractor and not as a licensed design professional. (3) The Construction Manager is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities,but the Construction Manager shall promptly report to the Design Professional any nonconformity discovered by the Construction Manager. (4) If the Construction Manager believes that additional cost or time is involved because of clarifications or instructions the Design Professional issues in response to Construction Manager's notices or requests for information pursuant to Sections 2.2(2) or 2.2(3), the Construction Manager shall notify the Owner and Design Professional. If the Construction Manager performs the obligations of Sections 2.2(2)and/or 2.2(3),the Construction Manager shall not be liable to the Owner or Design Professional for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws,statutes,ordinances,codes,rules and regulations,and lawful orders of public authorities. 2.3 Job-Site Facilities and Weather Protection (1) Job-Site Facilities—The Construction Manager shall arrange for all job-site facilities necessary to enable the Construction Manager to perform its duties in the management and supervision of construction. Tangible personal property otherwise referred to as job-site facilities, include but are not limited to such things as trailers, toilets, computers and any other equipment necessary to carry on the Project. The Construction Manager shall ascertain what temporary enclosures, if any, of building areas should be provided for in order to assure orderly progress of the work in periods when extreme weather conditions are likely to be experienced. When Construction Manager wishes to supply job-site facilities from his own equipment pool, he shall first evaluate buy versus lease as discussed in the paragraph above.If leasing is found to be the least expensive approach, then he may lease such job-site facilities from his own equipment pool. For all such facilities purchased which may become the property of the Owner at the conclusion of the Project, the Construction Manager shall maintain ownership responsibilities of such facilities until the project conclusion. Reimbursement for cost of such equipment will be made at the conclusion of the Project at the documented purchase price.At that time,the Construction Manager shall provide the Owner with a complete inventory for each unit of equipment. The inventory shall describe the equipment and identify the purchase price, serial number, model number and condition.Where said equipment has a title,said title shall be properly transferred to the Owner or to his designee. 10 The Construction Manager is responsible for proper care and maintenance of all equipment while in his control. 2.4 CONSTRUCTION PHASE (1) Construction Manager's Staff- The Construction Manager shall maintain sufficient off-site support staff,and competent full time staff at the Project site authorized to act on behalf of the Construction Manager to coordinate, inspect and provide general direction of the work and progress of the subcontractors and shall provide no less than those personnel during the respective phases of construction that are set forth in Exhibit B to this Agreement.Construction Manager shall not change any of those persons named in Exhibit B unless mutually agreed to by the Owner and Construction Manager. In such case, the Owner shall have the right of approval of the qualifications of replacement personnel. Such approval will not be unreasonably withheld. (2) Lines of Authority- The Construction Manager shall establish and maintain lines of authority for its personnel,and shall provide this definition to the Owner,the Subcontractors,the Design Professional and the Owner's Representatives, to provide general direction of the work and progress of the various phases and subcontractors. Construction Manager shall have full authority and responsibility to administer the Subcontractors and suppliers working under its tier. (3) Schedule Provisions-The Construction Manager shall provide subcontractors and the Owner, its representatives and the Design Professional, with sufficient copies of the documents as required to identify their scopes during the Construction Phase, identifying milestones, beginning and finishing dates, their respective responsibilities for performance and the relationships of their work with respect to suppliers and other subcontractors.The Construction Manager shall also continue to provide current scheduling information and provide direction and coordination regarding milestones, beginning and finishing dates, responsibilities for performance and the relationships of the Construction Manager's work to the work of its subcontractors and suppliers to enable them to perform their respective tasks so that the development of construction progresses in a smooth and efficient manner in conformance with the overall project schedule. The schedule shall include all phases of the construction work, material supplies, long lease procurement, approval of shop drawings, change orders in progress,schedules for change orders,and performance testing requirements.The Construction Manager shall advise the Owner, its representatives and the Design Professional of their required participation in any meeting or inspection giving each at least one week notice unless such notice is made impossible by conditions beyond its control. Construction Manager shall hold job-site meetings at least once each month with the Construction Team and at least once each week with the subcontractors and the Design Professional's Field Representative,or more frequently as required by work progress, to review progress, discuss problems and their solutions and coordinate future work with all subcontractors. (4) Solicitation of Bids (a) Construction Manager shall prepare invitations for bids, or requests for proposal when applicable, for all procurements of long lead items, materials and services, and for Subcontractor contracts. Such invitations for bids shall be prepared in accordance with the following guidelines. Award of bid shall be given to the lowest, qualified, responsive vendor: , 11 1. Contracts not exceeding $15,000 may be entered into by the Construction Manager with the firm, which submits the lowest verbal responsible and responsive quotation. The Construction Manager shall request a minimum of three (3) verbal quotations. These quotations shall be entered on a bid tabulation sheet and a copy of such tabulation sent to the Owner, Design Professional and to each firm. The successful quotation shall be confirmed by written contract or purchase order to the low bid firm defming the scope and quality of work to be provided. 2. Contracts exceeding $15,000 but not exceeding $50,000 may be entered into by the Construction Manager with the firm who is qualified and submits the lowest responsible and responsive proposal. The Construction Manager shall request at least three (3) firms to submit sealed written proposals based on approved plans and specifications.The written proposals shall all be submitted to the Design Professional and the Owner for approval.A tabulation of the results shall be furnished to the Owner, Design Professional and to each firm. 3. Contracts exceeding $50,000 may be entered into by the Construction Manager with the firm who is qualified and submits the lowest responsible and responsive proposal. In obtaining bids/proposals, the Construction Manager shall seek to ensure that its award practices provide fair and equitable opportunities for vendors/contractors to respond to the Owner's needs. The Construction Manager shall request at least three (3) firms to submit sealed written proposals based on approved plans and specifications. The Construction Manager shall obtain competitive pricing and endeavor to obtain at least a minimum of three (3)proposals, when available. These proposals shall be based on approved plans and specifications. Bids shall be received and submitted to the Design Professional and the Owner for approval. 4. Site utilities may be acquired at market rates from the entity(ies)providing such in the franchise area. 5. Bidding shall not be required for change order work with subcontractors who Construction Manager is already under subcontract. 6. Construction Manager hereby discloses that it has a relationship to the following entities: Safezone Glass and Glazing and Spectrum Contracting. Owner acknowledges that these entities are not disqualified from the subcontractor bidding process or from being awarded a subcontract solely because of this relationship. This provision is not applicable to this phase of the Work. (b) As part of such preparation,the Construction Manager shall review the specifications and drawings prepared by the Design Professional.Ambiguities, conflicts or lack of clarity of language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by the Construction Manager shall be brought to the attention of Owner's Representative and Design Professional in written form. (c) For each separate construction subcontract,the Construction Manager shall,unless waived by Owner,conduct a pre-bid conference with prospective bidders,the Design Professional and Owner's Representative. In the event questions are raised which require an 12 interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, the Construction Manager shall transmit these to the Design Professional and upon receiving clarification or correction in writing shall prepare an addendum to the bidding document,and issue same to all of the prospective bidders. (d) The Construction Manager shall establish a qualification procedure for applicable subcontract trades. (e) Prior to awarding any subcontract for an amount over$25,000,the Construction Manager shall conduct a pre-award conference with the awarded bidder at the receipt of subcontractor bids. The Design Professional and the Owner's Representative shall be invited to all such meetings. At the pre-award meeting, the Construction Manager and prospective subcontractor shall review all aspects of the scope of the work to assess the capability of the subcontractor to fulfill the needs of the Project, including the subcontractor qualification information required pursuant to Article 5.3.2. Subjects covered may include schedule, manufacturers used in bidding the work, manpower, supervisory personnel,value engineering suggestions,etc. Within forty-eight(48)hours of the pre-award conference, the Construction Manager shall decide whether to accept or reject the lowest responsive bidder and to enter into the same process with the next lowest bidder. (5) Bonds— The Construction Manager shall provide to the Owner a Payment and Performance Bond in the form attached hereto as Exhibit F,and cost of such Bond shall be included as Cost of the Work in the GMP. (6) Quality Control-The Construction Manager shall develop and maintain a program,acceptable to the Owner and Design Professional, to assure quality control of the construction. Construction Manager shall supervise the work of all subcontractors providing instructions to each when their work does not conform to the requirements of the plans and specifications and Construction Manager shall continue to exert its influence and control over each subcontractor to ensure that corrections are made in a timely manner so as to not affect the efficient progress of the work. Should disagreement occur between the Construction Manager and Design Professional over acceptability of work and conformance with the requirements of the specifications and plans,the Owner shall be the final judge of performance and acceptability. (7) Subcontractor Interfacing-Construction Manager shall be the single point of interface with all subcontractors for the Owner and all of its agents and representatives including the Design Professional. Construction Manager shall negotiate all change orders, field orders and request for proposals,with all affected subcontractors and shall review the costs of those proposals and advise the Owner and Design Professional of their validity and reasonableness, acting in the Owner's best interest prior to requesting approval of each change order from the Owner.Before any work is begun on any change order,a written authorization from the Owner must be issued. However, when health and safety are threatened, the Construction Manager shall act immediately to remove the threat to health and safety. Construction Manager shall also carefully review all shop drawings and then forward the same to the Design Professional for review and actions. The Design Professional will transmit them back to the Construction Manager who will then issue the shop drawings to the affected subcontractor for fabrication or revision. Construction Manager shall maintain a suspense control system to promote expeditious handling. Construction Manager shall request the Design Professional to make interpretations of the drawings or specifications requested of him by the subcontractors and shall maintain a suspense control system to promote timely response. Construction Manager 13 ,.T shall advise Owner's Representative and Design Professional when timely response is not occurring on any of the above. (8) Permits - The Construction Manager with assistance of Design Professional shall secure all necessary building and site permits, required zoning changes, and all necessary utility connection permits(collectively,the"Permits").Collier County charges and fees in connection with securing such permits,zoning changes and utility connections shall be paid directly by the Owner. If Construction Manager performs any work without first obtaining, or contrary to, such permits, Construction Manager shall bear all costs arising therefrom. (9) Job Site Requirements (a) The Construction Manager shall provide for each of the following activities as a part of the Construction Phase General Conditions costs: 1. Maintain a log of daily activities,including manpower records,weather, delays,major decisions, etc. 2. Maintain a roster of companies on the Project with names and telephone numbers of key personnel. 3. Establish and enforce job rules governing parking, clean-up, use of facilities and worker discipline. 4. Provide labor relations management for a harmonious, productive project. 5. Provide a safety program for the Project to meet OSHA requirements. Monitor for subcontractor compliance without relieving them of responsibilities to perform work in accordance with the best acceptable practice. 6. Provide a quality control program as developed under Article 2.4(6)hereinabove. 7. Miscellaneous office supplies that support the construction efforts, which are consumed by its own forces. (b)The Construction Manager shall provide personnel and equipment or shall arrange for separate subcontracts to provide each of the following as a direct cost item: 1. Schedule the services of independent testing laboratories and provide the necessary testing of materials to ensure conformance to contract requirements. 2. The printing and distribution of all required bidding documents and shop drawings, including the sets required by any Permitting Authority. (10) Job Site Administration-The Construction Manager shall provide as a part of the General Conditions costs, job site administrative functions during construction to assure proper documentation, including but not limited to such things as the following: (a) Job Meetings - Hold weekly progress and coordination meetings to provide for an easy flowing project. Implement procedures and assure timely submittals, expedite processing 14 approvals and return of shop drawings, samples, etc. Coordinate and expedite critical ordering including direct tax saving purchases and delivery of materials,work sequences, inspection and testing, labor allocation, etc. Review and coordinate each subcontractor's work. Review, and implement revisions to the Schedule. Monitor and promote safety requirements. In addition,regular Project status meetings will be held between the Design Professional, Owner and Construction Manager either biweekly or monthly, whichever is designated by the Owner's Representative. Use the job site meeting as a tool for preplanning of work and enforcing schedules and for establishing procedures, responsibilities, and identification of authority for all to clearly understand. Identify party or parties responsible for follow-up on any problems, delay items or questions and record course for solution. Revisit each pending item at each subsequent meeting until resolution is achieved.Require all present to make any problems or delaying event known to those present for appropriate attention and resolution. • (b) Shop Drawing Submittals/Approvals - Provide staff to check shop drawings and to implement procedures for submittal and transmittal to the Design Professional of such drawings for action,and closely monitor their submittal and approval process. (c) Material and Equipment Expediting - Provide staff to closely monitor material and equipment deliveries, critically important checking and follow-up procedures on supplier commitments of all subcontractors. (d) Payments to subcontractors -Develop and implement a procedure for review,processing, and payment of applications by Subcontractors for progress and final payments. (e) Document Interpretation-Refer all questions for interpretation of the documents prepared by the Design Professional to the Design Professional. (f) Reports and Project Site Documents - Record the progress of the project. Submit written progress reports to the Owner and the Design Professional including information on the subcontractor's work, and the percentage of completion. Keep a daily log available to Owner's Representative and Design Professional. (g) Substantial Completion—Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. Within 10 calendar days after the Construction Manager declares the Project to have reached a stage of Substantial Completion, (A)the Design Professional shall inspect the work and issue a Certificate of Substantial Completion attesting thereto (See Exhibit C); and (B) the Construction Manager, Design Professional, and the Owner's representative shall walk through the Project and prepare one(1)written list(hereinafter the"Punch List") identifying specifically and in detail any Work that Owner reasonably believes needs to be completed before Final Completion is achieved. Construction Manager shall promptly commence and complete all work on the Punch List with reasonable diligence.During this time, Owner may withhold for the benefit of the Construction Manager an amount reasonably equivalent to 200% of the cost to complete the Punch List (as determined by Construction Manager) (hereinafter the "Punch List Holdback"). Construction Manager shall be entitled to the balance of the retainage, less the Punch List Holdback, and may 15 �. include the balance of retainage, less the Punch List Holdback, in its next Payment Application. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work. (h) Final Completion- Monitor the Subcontractor's performance on the completion of the Project and provide notice to the Owner and Design Professional that the work is ready for final inspection. Secure and transmit to the Owner, through the Design Professional, all required guarantees,affidavits,releases,bonds and waivers,manuals,record drawings,and maintenance books including the Final Completion forms shown in Exhibits D and L. (i) Start-Up-With the Owner's personnel,direct the checkout of utilities,operations,systems and equipment for readiness and assist in their initial start-up and testing by the trade Construction Manager. (j) Record Drawings - During the progress of the work, the Construction Manager shall require the plumbing, air conditioning, heating, ventilating, elevator, and electrical subcontractors to record on their field sets of drawings the exact locations,as installed, of all conduit, pipe and duct lines whether concealed or exposed which were not installed exactly as shown on the contract drawings.The Construction Manager shall also record all drawing revisions that have been authorized by change order that effect wall or partition locations, door and window locations and other template changes. Within a reasonable degree of certainty,the routing of conduit runs shall be shown on these drawings. Each drawing shall be noted "Record Drawings" and shall bear the date and name of the subcontractors that performed the work. Where the work was installed exactly as shown on the contract drawings the sheets shall not be disturbed except as noted above. The Construction Manager shall review the completed Record Drawings and ascertain that all data furnished on the drawings are accurate and reasonably reflect the work as actually installed. When manholes, boxes, underground conduits, plumbing, hot or chilled water lines, inverts,etc.are involved as part of the work,the Construction Manager shall furnish true elevations and locations,all properly referenced by using the original bench mark used for the institution or for this project. (11) Administrative Records - The Construction Manager will maintain, unless agreed to otherwise by Owner's Representative,on a current basis,files and records such as,but not limited to the following: - Contracts or Purchase Orders Shop Drawing Submittal/Approval Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Proposal Requests - Payment Request Records - Meeting Minutes Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes - Purchase Orders "As-Built" Marked Prints 16 Operating&Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Bid/Award Information The Project records shall be available at all times upon reasonable request to the Owner and Design Professional for reference or review and is otherwise subject to the Florida Public Records Act as previously provided in the Agreement. (12) Owner Occupancy - The Construction Manager shall provide services during the design and construction phases,which will provide a smooth and successful Owner occupancy of the Project. Construction Manager shall provide consultation and project management to facilitate Owner occupancy and provide transitional services to get the work,as completed by the Construction Manager,"online"in such conditions as will satisfy Owner operational requirements. Construction Manager shall catalog operational and maintenance requirements of equipment to be operated by maintenance personnel and convey these to the Owner in such a manner as to promote their usability. Construction Manager shall provide operational training, in equipment use, for building operators. Construction Manager shall secure required guarantees and warranties, assemble and deliver same to the Owner in a manner that will facilitate their maximum enforcement and assure their meaningful implementation. Construction Manager shall continuously review "As-Built" Drawings and mark up progress prints to provide as much accuracy as possible. The Owner will not occupy or take control of the Project until the above items discussed in this paragraph have been completed and the "Substantial Completion", "Start-Up", "Record Drawing", and "Warranty" requirements specified in paragraphs 2.4(10)h, 2.4(10)j,2.4(10)k, and 2.4(13)have been completed to the Owner's satisfaction excluding the requirements for a warranty inspection nine months after Owner Occupancy. (13) Warranty-Construction Manager warrants,for a period of one(1)year from the issuance of the Certificate of Substantial Completion,that the Work will be of good quality and new unless otherwise required or permitted by the Contract Documents, free from defective workmanship and materials,considering the construction standards for similar property in the County and State where the Work is performed, and that Construction Manager shall repair or replace, at its sole discretion, any defect. Design issues and aesthetic imperfections and conditions shall not be considered defects which Construction Manager is responsible.Manufacturers'warranties apply to the mechanical items and appliances and no other warranties are expressed, implied or provided. Subcontractor's warranties shall apply to all subcontractor work,and no other warranties are expressed,implied or provided. Requests for warranty work shall be in writing and sent to the Construction Manager(at its address listed herein), to the attention of its "Warranty Department." All warranty work 17 will be performed during normal business hours and only by persons and/or entities and at times selected by Construction Manager.Owner shall permit Construction Manager within a reasonable time to inspect and repair or replace any such defect.Construction Manager's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Construction Manager,improper maintenance,improper operation,normal wear and tear and normal usage, and damage from others and weather. Owner agrees that no warranty is provided for settlement or separation of any ground floor slabs, sidewalks, paving,and other structures where(1)any building is located within one mile of the mean high water line of Gulf waters,bays, inlets,estuaries, and rivers; and(2)the settlement or separation is caused by the movement or subsidence of soils which were neither excavated, replaced, or otherwise prepared, to receive added loads by Construction Manager nor specified to be excavated, replaced, or otherwise prepared to receive added loads. This clause is not intended to relieve the Construction Manager of liability for any negligence in placing or compacting soils in accordance with the Contract Documents.The terms and provisions of this Agreement shall expressly survive Final Completion. This Warranty shall be Owner's sole remedy regarding any such defect(s).THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED.Except as set forth herein, no other warranties are expressed or implied by Construction Manager. This Warranty is conditioned upon Final Payment to Construction Manager. Construction Manager assigns to Owner all manufacturers' warranties, if any, for appliances and equipment. All Subcontractors' warranties for all work performed by Subcontractors will name the Owner or, upon written request of the Owner, shall be assigned by Construction Manager to the Owner (reserving all rights of recovery by Construction Manager against Subcontractors for any amounts incurred or damages suffered by Construction Manager as a result of Subcontractors' warranty(ies)obligations and/or breach of warranty(ies)).Owner acknowledges responsibility to register for any and all manufacturer warranties. Construction Manager expressly disclaims any liability for mold or mold related problems,not arising from negligent construction or the incorporation of defective materials into the project,and Owner assumes all risk arising out of or related to mold. The Construction Manager shall collect and deliver to the Owner any specific written warranties given by others as required by the Contract Documents. Also, the Construction Manager shall conduct,jointly with the Owner and the Design Professional, a warranty inspection nine(9)months after the date of Owner Occupancy. (14) The Property - Except as expressly provided within the scope of this Agreement, Owner acknowledges that Construction Manager has made no geological or environmental tests of the Property or the improvements currently located thereon. Owner warrants to Construction Manager that the Property is suitable for the construction called for under this Agreement and further warrants that no adverse subsurface conditions are known to Owner that will materially impede Construction Manager's performance under this Agreement. Owner agrees that Construction Manager shall not be liable or responsible for any losses, claims, damages, and/or costs, in whole or in part, due to, because of, caused by, arising out of, and/or related to any soil, subsurface and/or unusual sub-soil conditions including, but not limited to, water flows, buried fill/materials, foreign materials, and/or flood zones or wetland determinations by the Department of Environmental Protection. CONSTRUCTION MANAGER EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OR GUARANTIES CONCERNING SOIL, SUB-SOIL AND/OR SUBSURFACE CONDITIONS ON THE PROPERTY AND EXISTING IMPROVEMENTS THEREON, INCLUDING ANY AND ALL WARRANTIES OF HABITABILITY OR 18 MERCHANTABILITY. Owner expressly assumes all risk of any and all all losses, delays,claims,and/or damages,in whole or in part,to the land and projects due to,because of, caused by, arising out of, and/or related to soil, sub-soil, or subsurface conditions, whether or not any such adverse conditions could have been discovered prior to any type of settlement or subsidence, in whole or in part, by appropriate testing. If any adverse condition exists, are discovered, and/or become known to the Construction Manager, the Construction Manager shall promptly notify Owner, who shall assume all costs thereof. Owner may, at Owner's sole cost and expense, have performed on Owner's behalf, any geological or environmental tests that Owner deems prudent,prior to the Commencement Date. (15) Owner's Material/Equipment Direct Purchase Program-Notwithstanding any provision in this Agreement to the contrary, Owner may elect, at its sole and absolute discretion, to purchase materials/equipment directly from vendors for use in connection with this Project in accordance with the following terms and conditions. Construction Manager's contracts with trade subcontractors should reflect Owner's option to purchase. (a) Construction Manager shall be responsible for negotiating,ordering, coordinating production schedules with vendor(s), inspecting, accepting delivery, storing, handling, installing, and quality control for the materials/equipment purchased hereunder. Without limiting the generality of the foregoing,the purchase of material/equipment by Owner shall not amend, alter or modify the obligations of Construction Manager under this Agreement with respect to ordering, scheduling, inspecting, accepting deliveries, storing, handling, installing and quality control of the direct purchase materials/equipment. (b) Within sixty(60)days of Construction Manager and Owner agreeing on the GMP, Construction Manager shall provide Owner's Representative with a written list of vendors, materials/equipment,quantities and costs for items which Construction Manager proposes Owner purchase directly pursuant to the terms hereof. Construction Manager shall select qualified vendors and obtain competitive prices for all such direct purchase materials/equipment. (c) Owner's Representative will review the list provided by Construction Manager and inform Construction Manager of the acceptability of individual items and of Owner's intention to proceed or not proceed with direct purchases.If Owner intends to proceed with direct purchases, Construction Manager will provide a revised list (if necessary) to the Owner's Representative's satisfaction and shall assist Owner's Representative's Representative in preparing and issuing purchase orders for the direct purchase items. (d) Purchase orders for direct purchase items shall be prepared by Owner and issued directly to the vendor(s). (e) Concurrently with issuance of each purchase order for material/equipment, the Construction Manager shall issue a corresponding deductive Change Order(s)reducing the GMP by an amount equal to the cost of the material/equipment, including sales tax, included in the original GMP. (f) Construction Manager will coordinate submittals, fabrication and delivery of all direct purchase items. Construction Manager will inspect, receive and store all direct purchase items at the Project site. 19 (g) Owner's Representative will have each vendor forward to Construction Manager a duplicate invoice for direct purchases.Upon receipt of such invoice,Construction Manager shall promptly review and approve or reject(with reason in writing for such rejection)each invoice and incorporate the invoices into the next payment request to Owner's Representative for payment processing. (h) Title to any materials/equipment purchased pursuant to the terms hereof shall vest in the Owner upon receipt from a vendor. Owner shall bear risk of loss for any materials purchased pursuant to the terms hereof commencing upon delivery of the materials to the Owner by the vendor and terminating when the materials/equipment are incorporated into the Project. Upon incorporation into the Project of such materials, Construction Manager shall bear sole cost and responsibility for remedy of defective materials or damage during the course of construction. (i) The Owner shall obtain such insurance as the Owner deems necessary, at the Owner's sole cost and expense, to insure the Owner for the full replacement cost of any materials purchased by the Owner pursuant to the terms hereof until such materials are incorporated in the Project. (j) Construction Manager shall be entitled to a Construction Manager's Fee for the value of all direct purchase materials and equipment purchased by Owner under this Article, plus any General Conditions costs and insurance premiums associated therewith. With regard to the scope of Work included in this Amendment, this provision does not apply. Upon incorporation into the Project by Construction Manager, all direct purchase materials equipment purchased by Owner pursuant to this Article shall be subject to and covered by the bonds and warranties provided by Construction Manager to Owner under this Agreement and all warranties provided under purchase orders. Nothing contained within this Article shall create or be construed as creating a partnership between the Owner and Construction Manager or to constitute the Construction Manager as an agent of the Owner. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 Owner's Information-The Owner shall provide full,accurate and complete information regarding its requirements for the Project. THE OWNER EXPRESSLY WARRANTS THAT THE PLANS AND SPECIFICATIONS FOR THE PROJECT ARE ACCURATE, PRACTICAL, CONSISTENT OR CONSTRUCTIBLE. OWNER ACKNOWLEDGES THAT THE CONTRACTOR IS RELYING ON AND CAN REASONABLY RELY UPON THE OWNER'S REPRESENTATIONS AS PROVIDED HEREIN. 3.2 Owner's Representative-The Owner shall designate a representative who shall be fully acquainted with the Project and shall define the lines of Owner authority to approve Project Construction Budgets, and changes in Project. The Owner's designated representative, the "County's Administrative Agent," was previously identified on page 18 of Construction Manager At Risk Agreement No. 17-7198 executed by the Parties. Owner shall render decisions promptly and furnish information expeditiously. 20 ='(y:. 3.3 Design Professional's Agreement - The Owner shall retain a Design Professional for design and construction document preparation for the Project. The Design Professional's services, duties and responsibilities are described in the Agreement between the Owner and the Design Professional,a copy of which will be furnished to the Construction Manager. The Agreement between the Owner and the Design Professional shall not be modified without written notification to the Construction Manager. 3.4 Site Survey and Reports-The Owner shall furnish for the site of the Project all surveys describing the physical characteristics, soil reports, and subsurface investigations, legal limitations, utility locations, and a legal description. 3.5 Approvals and Easements- The Owner shall pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities 3.6 Legal Services-The Owner shall furnish such legal services as may be necessary for providing the items set forth in Article 3.5 and such auditing services as Owner may require. 3.7 Drawings and Specifications - The Construction Manager will be furnished a reproducible set of all copies of Drawings and Specifications reasonably necessary and ready for printing. 3.8 Cost of Surveys& Reports- The services, information, surveys and reports required by the above paragraphs shall be furnished with reasonable promptness in accordance with the approved schedule at the Owner's expense, and the Construction Manager shall be entitled to rely upon the accuracy and completeness thereof. 3.9 Project Fault Defects - If the Owner becomes aware of any fault or defect in the Project or non- conformance with the drawings and specifications,Owner shall give prompt written notice thereof to the Construction Manager and Design Professional. 3.10 Funding — The Owner shall furnish in accordance with the established schedule, reasonable evidence satisfactory to the Construction Manager that sufficient funds will be available and committed for the cost of each part of the Project.The Owner's performance and obligation to pay under this agreement is contingent upon an appropriation of funds by the Collier County Board of County Commissioners. This is not a commitment of future budgetary funding. Authorization for continuation and completion of work and any associated payments for continuation or completion may be rescinded, with proper notice, at the discretion of the Owner if there is a reduction or elimination of future funding for this project.In this event,a§14.3"Termination by Owner Without Cause" shall be deemed to have occurred. The Construction Manager shall not commence any work,unless authorized in writing by the Owner. 3.11 Lines of Communication - The Owner and Design Professional shall communicate with the subcontractors or suppliers only through the Construction Manager while such method of communication is effective in maintaining project schedules and quality. 3.12 Lines of Authority-The Owner shall establish and maintain lines of authority for its personnel and shall provide this definition to the Construction Manager and all other affected parties. 3.13 Permitting & Code Inspections - The Owner will cooperate fully with Construction Manager in securing all necessary permits and zoning changes described in Article 2.4(8). 21 ' ARTICLE 4 PERMITTING AND INSPECTION Before Construction can begin,it is necessary by statute for the Construction Manager to obtain a Building Permit. In addition, construction will be inspected for code compliance, compliance with drawings and specifications,and quality by inspectors working for the Permitting Authority. 4.1 Building Permits - The Construction Manager or duly authorized subcontractor, shall provide the required number of sets of documents, signed, sealed and dated by the Design Professional, with all addenda enclosed with each set to the Permitting Authority and obtain approval from the Permitting Authority prior to beginning construction. 4.2 Code Inspections - All projects require detailed code compliance inspections during construction in disciplines determined by the Permitting Authority. These disciplines normally include,but are not necessarily limited to, structural,mechanical, electrical,plumbing and general building. The Construction Manager shall notify the appropriate inspector(s), as required by the Permitting Authority, that the work is ready for inspection and before the work is covered up. Work not inspected and approved prior to cover-up shall be uncovered for inspection when directed by the Permitting Authority. All costs for uncovering and reconstruction shall be borne by the Construction Manager. All inspections shall be made for conformance with the applicable building codes,compliance with drawings and specifications, and quality. Cost for all re-inspections of the Work found defective and subsequently repaired shall be borne by the Construction Manager. ARTICLE 5 SUBCONTRACTS 5.1 Definition - A subcontractor is a person or organization who has a direct contract with the Construction Manager to perform any of the work at the site. Nothing contained in the Contract Documents shall create any contractual relationship between the Owner or Design Professional and any subcontractor. 5.2 Proposals - Subject to Article 9 and, in accordance with Article 2.4(4), the Construction Manager shall request and receive proposals from subcontractors and suppliers and will award those contracts to the qualified low bidder after Construction Manager has reviewed each proposal and is satisfied that the subcontractor is qualified to perform the work. 5.3 Required Subcontractors'Qualifications and Subcontract Conditions 5.3.1 Owner's Approval of Subcontractors - Unless otherwise stated in the Contract Documents, the Construction Manager, as soon as practical after the Notice to Proceed is issued for Construction Phase services, shall furnish in writing to Owner's Representative for approval the names of the subcontractors for each phase of the Work.Owner's Representative shall have 15 days from receipt of such subcontractors' names to disapprove a subcontractor. Construction Manager shall not contract with any subcontractor to whom Owner has disapproved. If Owner fails to disapprove within the time period stated herein,the subcontractor shall be deemed approved by the Owner. 22 I 5.3.2 Sub-contractual Relations- By an appropriate written agreement, the Construction Manager shall require each subcontractor to the extent of the work to be performed by the subcontractor, to be bound to the Construction Manager by the terms of the Contract Documents,and to assume toward the Construction Manager all the obligations and responsibilities which the Construction Manager by these Documents, assumes toward the Owner and the Design Professional. Said agreements shall preserve and protect the rights of the Owner and Design Professional under the Contract Documents with respect to the Work to be performed by the Subcontractor so that the subcontracting thereof will not prejudice such rights.Where appropriate,the Construction Manager shall require each Subcontractor to enter into similar agreements with its sub-Subcontractor. The Construction Manager shall make available to each proposed Subcontractor, prior to the execution of the subcontract,copies of the Contract Documents to which the Subcontractor will be bound by this Article 5.3 and identify to the Subcontractor any terms and conditions of the proposed subcontract which may be at variance with the Contract Documents. Each Subcontractor shall similarly make copies of such Documents available to its sub-Subcontractors. 5.3.3 Subcontract Requirements (1) On all subcontracts where the bid exceeds $100,000, the Construction Manager shall require Subcontractors to provide a 100%performance bond and a 100%labor and material payment bond from a surety company authorized to do business in the State of Florida by the Department of Insurance. If the Construction Manager wishes to award subcontracts to Subcontractors unable to supply this bonding, Construction Manager may request special authorization from Owner to do so. Upon providing justifiable background information, such authorization shall not be withheld unreasonably. If requested by Construction Manager and paid for by the Owner, subcontractor default insurance (SDI) may replace the subcontractor bond requirements provided in this section(in whole or in part). (2) On all subcontracts where the bid exceeds $200,000.00, each Subcontractor must submit a completed experience questionnaire and financial statement on the form entitled "Experience Questionnaire and Construction Manager's Financial Statement", incorporated herein by reference or equivalent form supplied by Construction Manager. The Subcontractor's financial condition must demonstrate that adequate fixed and liquid assets and equipment are available to properly perform the subcontract. (3) Subcontractor experience - The Subcontractor must have successfully completed no less than two projects of similar size and complexity within the last five years. (4) Supervision - The Subcontractor must agree to provide field (on-site) supervision through a named superintendent for each trade (general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in the subcontract. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its work. The supervisory employees of the Subcontractor(including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years.The Subcontractor shall include a resume of experience for each employee identified by him to supervise and schedule its work. (5) All subcontracts shall provide: a. LIMITATION OF REMEDY-NO DAMAGES FOR DELAY That the Subcontractor's exclusive remedy for delays in the performance of the contract caused by events beyond its control, including delays claimed to be caused by the Owner or Design Professional or attributable to the Owner or Design Professional and including claims based on breach of contract or negligence,shall be an extension of its contract time. In the event of a change in the work the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10%for overhead and profit. Each subcontract shall require the Subcontractor to expressly agree that the foregoing constitute the sole and exclusive remedies for delays and changes in the work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. b. Each subcontract shall require that any claims by Subcontractor for delay or additional cost must be submitted to Construction Manager within the time and in the manner in which the Construction Manager must submit such claims to the Owner,and that failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims. c. This subsection applies to Subcontractors only. Pursuant to Article 16.4, for delays, Construction Manager shall be entitled to an extension of the scheduled construction time (based upon the actual time impact to the Project because of the delay). 5.4 Responsibilities for Acts and Omissions - The Construction Manager shall be responsible to the Owner for the acts and omissions of its employees and agents and its subcontractors,their agents and employees, and all other persons performing any of the Work or supplying materials under a contract to the Construction Manager. 5.5 Subcontracts to be provided-The Construction Manager shall include a copy of each subcontract, including the general supplementary conditions. 5.6 Construction Manager shall not be required to pay Subcontractors or suppliers until after it has received payment for said services by the Owner.After receiving payment,Construction Manager shall make payment to Subcontractors and suppliers in accordance with §218.735 ("Florida Local Government Prompt Payment Act. ARTICLE 6 SCHEDULE,TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 6.1 At the time a Guaranteed Maximum Price (GMP) is established, as provided for in Article 7, a Project substantial completion date,a Project final completion date and an Owner Occupancy date for completion of the Project phase in accordance with the master Project schedule, shall also be established by the Construction Team. The Construction Manager agrees to complete the construction in accordance with the agreed upon substantial completion date,final completion date and Owner Occupancy date. The Construction Manager acknowledges that failure to complete the Project phase within the construction time set forth in the approved schedule due to its own fault may result in substantial damages to the Owner,for all of which damages the Construction Manager shall be liable. 24 6.2 Liquidated Damages - The Construction Manager acknowledges and agrees that time is of the essence to this Agreement and that if completion and delivery of the Project to Owner is delayed, Owner will suffer damages which are difficult, if not impossible, to accurately quantify. Accordingly, if solely due to its own fault, Construction Manager fails to achieve Substantial Completion or Final Completion,or both,required by this Agreement,Construction Manager shall be liable to Owner for liquidated damages for unexcused delay as provided herein. Work completion delays, as identified in Sections 6.2.1 and 6.2.2, will be addressed as separate delays, and liquidated damages(hereinafter"Liquidated Damages"),which shall not run concurrently.The Construction Manager shall have no liability for Liquidated Damages or delay damages of any type or character if the Construction Manager and Owner are unable to agree upon a Guaranteed Maximum Price Amendment. 6.2.1 For Delay In Substantial Completion - Construction Manager shall pay Owner the sum of Two Thousand Dollars ($2,000.00) per day for every calendar day of unexcused delay in achieving Substantial Completion beyond the Substantial Completion Date,as said date may be extended as provided herein.Any sums due and payable hereunder by Construction Manager shall be payable, not as a penalty,but as Liquidated Damages representing an estimate of delay damages likely to be sustained by Owner,estimated at the time of executing this Agreement. When Owner reasonably believes that Substantial Completion will be inexcusably delayed, Owner shall be entitled but not required to withhold from any amounts otherwise due Construction Manager an amount then believed by Owner to be adequate to recover Liquidated Damages applicable to such delays. If and when Construction Manager overcomes the delay in achieving Substantial Completion,or any part thereof, for which Owner has withheld payment, Owner shall promptly release to Construction Manager those funds withheld, but no longer applicable, as Liquidated Damages. Liquidated Damages can be assessed by the Owner at Final Payment, subject to Construction Manager's right to reject Owner's assessment. 6.2.2 For Delay In Final Completion-If Construction Manager fails to achieve Final Completion within thirty (30) days after Substantial Completion, as said date may be extended as provided herein, Construction Manager shall pay Owner the sum of Three Hundred Dollars ($300.00) per day for each and every calendar day of unexcused delay in achieving Final Completion.Any sums due and payable hereunder by Construction Manager shall be payable, not as a penalty, but as Liquidated damages representing an estimate of delay damages likely to be sustained by Owner, estimated at the time of executing this Agreement. When Owner reasonably believes that Final Completion will be inexcusably delayed,Owner shall be entitled but not required to withhold from any amounts otherwise due Construction Manager an amount then believed by Owner to be adequate to recover Liquidated Damages applicable to such delays. If and when Construction Manager overcomes the delay in achieving Final Completion, or any part thereof,for which Owner has withheld payment, Owner shall promptly release to Construction Manager those funds withheld, but no longer applicable, as Liquidated Damages. Liquidated Damages can be assessed by the Owner at Final Payment, subject to Construction Manager's right to reject Owner's assessment. 6.2.3 If the Construction Manager is delayed at any time in the commencement or progress of the Work by (1) an act or neglect of the Owner or Architect, of an employee of either, or of a Separate Contractor;(2)by changes ordered in the Work;(3)by labor disputes,labor shortages,market wide commodity shortages (including,but not limited to, fuel, steel and cement), fire, unusual delay in deliveries, unavoidable casualties, domestic or foreign terrorism, out-of-sequence or late delivery of design packages,abnormal weather or other causes beyond the Construction Manager's control; (4) by delay authorized by the Owner pending mediation, litigation, or binding dispute resolution; or(5)by other causes that may justify delay,then the Contract Time shall be extended by Change Order and the Construction Manager shall also be entitled to an increase in the Contract Sum by 25 Change Order or equitable adjustment covering all costs incurred by Construction Manager, including additional General Conditions costs, insurance premiums, and bond costs. 6.2.4 Date of Owner Occupancy - The date of Owner Occupancy shall occur as described in Article 2.4(12) herein above. Warranties called for by this Agreement or by the Drawings and Specifications shall commence on the date of Substantial Completion. ARTICLE 7 GUARANTEED MAXIMUM PRICE FOR CONSTRUCTION 7.1 When the Design Development Documents are sufficiently complete to establish the scope of work for the Project or any portion thereof, as generally defined by a design document listing to be provided by the Design Professional and Construction Manager upon execution of this Agreement, which is to be used only as a guide in developing the specifications and plan data necessary to establish the Guaranteed Maximum Price, or at such time thereafter designated by the Owner,the Construction Manager will establish and submit in writing to the Owner for its approval a Guaranteed Maximum Price Proposal, guaranteeing the maximum price to the Owner, for the construction cost of the Work or designated part thereof. Such Guaranteed Maximum Price will be subject to modification for changes in the Project as provided in Article 10. However, the actual price paid for the work by the Owner shall be the actual cost of all work subcontracts, supply contracts, labor costs, supervision costs, and job costs as defined under Article 9, plus the Construction Manager's fees or the GMP,whichever is less when the work is complete. The GMP will only include those taxes in the cost of the Work,which are legally enacted at the time the GMP is established and is the lawful responsibility of the Owner. The GMP Proposal for Construction Phase 0—GMP#01 Lake Excavation,Clearing&Grubbing Work,as well as the Construction Phase Fee referenced in Subparagraph 8.1.2 below, is a part of this Amendment and is attached hereto as Exhibit E. 7.2 At the time of submission of a Guaranteed Maximum Price, the Construction Manager will verify the time schedule for activities and work which were adopted by the Construction Team and used to determine the Construction Manager's cost of work. The Construction Manager acknowledges that the GMP includes an amount designated as the Owner's Contingency. The Owner's Contingency shall be available to the Construction Manager only if the Owner issues a Change Order or Amendment to the Agreement. In such event, the Change Order or Amendment shall specify the portion of the Owner's Contingency being made available and the purpose. GMP Proposals covering subsequent construction phases of the project shall be submitted as set forth herein and included in separate amendments to the Agreement. If bids are received above the applicable line item in the GMP, and Owner accepts the GMP Proposal, the deficiency will be taken from the Owner's Contingency, however such events shall not be a cause to increase the GMP. If bids are not received for a portion of the work at or below the applicable line item amount in the GMP, the Construction Manager reserves the right to perform that portion of the work as acknowledged by the Owner or negotiate for its performance for the specified line item lump sum amount or less. 26 ARTICLE 8 CONSTRUCTION MANAGER'S FEE 8.1 In consideration of the performance of the contract, the Owner agrees to pay the Construction Manager as compensation for its services,fees as set forth in Subparagraphs 8.1.1, 8.1.2 and 8.1.3. 8.1.1 Pre-construction Phase Fee— The Pre-construction Phase Services are separately covered in the Agreement for Construction Manager at Risk Preconstruction Phase Services Collier County Sports Complex (Solicitation No.: 17-7198), attested as to Chairman's signature only on February 26, 2018. 8.1.2 Construction Phase Fee-Prior to commencement of the Construction Phase,the Owner will direct the Construction Manager in writing to proceed into the Construction Phase. The Owner agrees to pay Construction Manager a Fee of THREE AND ONE-HALF PERCENT(3.5%) of the Cost of the work and services for the Construction Phase 0 — GMP#01 Lake Excavation, Clearing & Grubbing Work included in this Amendment to the Agreement. If construction is authorized only for a part of the Project, the Fee paid shall be proportionate to the amount of work authorized by the Owner. The Construction Phase Fee for future construction phases of the project will be reevaluated and must be approved by Owner and Construction Manager before either party is obligated to proceed with future construction phases. further amendments to the Agreement. ARTICLE 9 COST OF THE WORK 9.1 Definition-The term"Cost of the Work"shall mean costs necessarily incurred in the Project during the Construction Phase for Construction services and paid by the Construction Manager which are not included in Article 8, but are part of the GMP Proposal submitted by the Construction Manager and agreed upon by the Owner. These costs include the items set forth below in this Article including materials and services of every kind and type necessary to diligently, timely and fully perform and complete the Project in a good and workmanlike manner in accordance with all of the terms and conditions of the Contract Documents. The Owner agrees to pay the Construction Manager for the Cost of the Work as defined in Article 9. Such payment shall be in addition to the Construction Manager's fees stipulated in Article 8. Construction Manager's estimate of the construction Cost for this phase of the Project is provided in Exhibit E. 9.2 Direct Cost Items—The listing below identifies eligible Direct Cost Items, as follows: (1) Cost of Construction Manager's Staff at its Construction Manager's Standard Staff Rates (see Exhibit G). (2) Cost of all materials, supplies and equipment incorporated in the Project, including costs of transportation,handling and storage thereof (3) Payments due to subcontractors from the Construction Manager or made by the Construction Manager to subcontractors for their work performed pursuant to contract under this Agreement. (4) Cost including. transportation and maintenance of all materials, supplies, equipment, temporary facilities and hand tools not owned by the workmen, which are employed or consumed in the performance of the work, cost on such items used but not consumed which 27 may be turned over to the Owner at the end of the Project and cost less salvage value on such items used but not consumed which remain the property of the Construction Manager. For those items to be turned over to the Owner at the end of the project,Article 2.3(6)shall apply. (5) Rental charges on all necessary machinery and equipment,exclusive of hand tools used at the site of the Project, whether rented from the Construction Manager or other, including installation,repairs and replacements,dismantling,removal,costs of lubrication,transportation and delivery costs thereof:which are used in the support of a sub-contractor or the Construction Manager's own forces in the performance of the work, at rental charges consistent with those prevailing in the area. (6) Sales,use,gross receipts or similar taxes related to allowable direct costs of the Project imposed by any governmental authority, and for which the Construction Manager is liable. Owner is exempt from the payment of Florida Sales Tax under F.S. Chapter 212 and can provide the Construction Manager a copy of its Certificate of Exemption upon request. (7) The cost of corrective work subject,however,to the GMP and except for any corrective work made necessary because of defective workmanship or other causes contributed to by the Construction Manager or its subcontractors or suppliers No cost shall be paid by the Owner to the Construction Manager for any expenses made necessary to correct defective workmanship or to correct any Work not in conformance with the Plans and Specifications or to correct any deficiency or damage caused by gross negligent acts by the Construction Manager. (8) Minor expenses at the site,such as telegrams, long distance telephone calls,telephone service, expressage,postage, and similar petty cash items in connection with the Project to be billed at cost. (9) Costs for trash and debris control and removal from the site. (10) Cost incurred due to an emergency affecting the safety of persons and property. (11) Legal costs reasonably and properly resulting from prosecution of the Project for the Owner, including handling claims for changes by Subcontractors and Vendors,subject to the following limitations: (a) The Owner approved incurring such costs in advance, which approval shall not be unreasonably denied; and (b) The legal costs were not incurred as result of the Construction Manager's own negligence or default. This paragraph does not provide for payment of legal costs incurred in preparing or asserting claims or requests,by Construction Manager itself against the Owner,for change orders or in enforcing the obligations of this contract. (12) All costs directly incurred in the performance of the Project for the benefit of the Project, and not included in the Construction Manager's Fees as set forth in Article 8, if within the GMP Proposal(see,Exhibit E). 28 (13) General Conditions costs, insurance premiums,and bond costs. (14) If approved by the Owner, the Construction Manager, when qualified, may perform all or a portion of the work for any item listed on the estimate or GMP breakdown where it is deemed advantageous due to schedule or economic benefit for the direct Cost of the Work. (15) Costs of all reproductions used for bidding or information purposes required by the Project to directly benefit the Project. (16) Costs for watchman and security services for the Project. (17) Costs for efficient logistical control of the site,including horizontal and vertical transportation of materials and personnel.Also, costs for adequate storage and parking space. (18) Costs for such temporary facilities during construction, as approved by the Owner, including temporary water, heat, power, sanitary facilities, telephones, radios and computers with software. (19) Costs for any job site items not referenced herein,not normally provided by the Subcontractors, which will be provided by the Construction Manager as required to complete the work. (20) Cost of utilizing a computer aided design and drafting application(CADD)for record drawings. Upon completion of the work,the Construction Manager shall obtain two(2)sets of disk files from the Design Professional and record to scale all conditions. The disk shall be submitted to the Design Professional when completed,together with two sets of blue line or black line prints for certification and forwarding to the Client Agency at the time of final completion. (21) Owner's Contingency. At the Construction Manager's discretion, the Construction Manager may include an Owner's Contingency as a line item in the GMP Proposal represented by a percentage of the Construction Manager's estimate of the total Cost of the Work as provided therein. The purpose of the Owner's Contingency is to protect the Construction Manager's budget and schedule,including additional costs resulting from,but not limited to,subcontractor defaults, but only to the extent not covered by subcontractor bonds and/or default insurance; overtime,re-work or delays,if not caused by gross negligence or omissions of the Construction Manager or its Subcontractors or suppliers; General Conditions costs, commodity shortages (including but not limited to fuel, steel and cement), labor shortages; unusual weather and/or unavoidable casualties; or other causes unless due to the gross negligence of the Construction Manager. The Construction Manager's right to receive the Owner's Contingency shall apply notwithstanding anything to the contrary in this Amendment. As provided in §7.2 of this Amendment, Construction Manager shall specify the portion of the Owner's Contingency requested and purpose thereof in a request for a Change Order(RCO)or proposed Amendment, whereupon the Owner shall sign and process in full the RCO or Amendment;thereby allowing reimbursement from the Owner's Contingency for the services or goods provided by Construction Manager upon receipt of the Construction Manager's next monthly payment application. 29 ARTICLE 10 CHANGE IN THE PROJECT 10.1 Change Orders - The Owner, without invalidating this Agreement, may order Changes in the Project within the general scope of this Agreement consisting of additions, deletions or other revisions, the GMP, and the Construction Completion Date, being adjusted accordingly. All changes in the Project not covered by an authorized contingency shall be authorized by a Change Order(see, Exhibit K). 10.1.1 A"Change Order"is a written order to the Construction Manager issued after the execution of this Agreement, authorizing a Change in the Project, the Construction Manager's fee, or the Construction Completion date. Each adjustment in the GMP resulting from a Change Order shall clearly separate the amount attributable to the Cost of the Work. 10.1.2 The increase or decrease in the Guaranteed Maximum Price resulting from a change in the Project shall be determined in one or more of the following ways: (1) by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by the Design Professional and Owner; (2) by unit prices stated in the Agreement or subsequently agreed upon; (3) by cost as defined in Article 9 and a mutually acceptable fixed or percentage fee; (4) or by the method provided in Subparagraph 10.1.3. 10.1.3 If none of the methods set forth in Clause 10.12 is agreed upon,the Construction Manager,provided Construction Manager receives a written order signed by the Owner, shall promptly proceed with the Work involved. The cost of such Work shall then be determined on the basis of the reasonable expenditures and savings of those performing the Work attributed to the change. However, in the event a Change Order is issued under these conditions, the Design Professional will establish an estimated cost of the work and the Construction Manager shall not perform any work whose cost exceeds that estimate without prior written approval by the Owner. In such case, and also under Article 10.1.2 above,the Construction Manager shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data of the increase in the Cost of the Work as outlined in Article 9.The amount of decrease in the Guaranteed Maximum Price to be allowed by the Construction Manager to the Owner for any deletion or change which results in a net decrease in cost will be the amount of the actual net decrease. 10.1.4 If unit prices are stated in the Agreement or subsequently agreed upon, and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will cause substantial inequity to the Owner or the Construction Manager, the applicable unit prices and Guaranteed. Maximum Price shall be equitably adjusted. 10.1.5 Should concealed conditions encountered in the performance of the Work below the surface of the ground or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Drawings, Specifications, or Owner furnished information or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this 30 Agreement,be encountered,the Guaranteed Maximum Price and the Construction Completion date shall be equitably adjusted by Change Order upon a request for Change Order in accordance with Article 10.2, 10.2 Claims For Additional Cost and Time All claims for additional cost and time shall be made by request for a change order submitted as provided in Article 16. If the Construction Manager is delayed at any time in the progress of the work by any act or neglect of the Owner or the Design Professional or of any employee of either or by any separate Construction Manager employed by the Owner or by any changes ordered in the work by labor disputes, fire, or unusual delay in transportation, unavoidable casualties or abnormal weather or any other causes beyond the Construction Manager's control or by delay authorized by the Owner pending resolution of disputes, and such delay extends the completion date, the Substantial Completion and Final Completion shall be extended by Change Order for such reasonable time as the Construction Team may determine.Any cost impact to Construction Manager as a result of the delay shall be included in the Change Order and paid by the Owner, including General Conditions costs,and a Construction Manager's Fee thereon. Only delays which are determined to extend the critical path for the schedule for constructing the Project will result in a time extension.Neither the Owner nor the Construction Manager shall be considered to own the schedule float time. Owner shall not withhold any otherwise undisputed payment to Construction Manager pending resolution of a claim for additional cost and time. 10.3 Minor Changes In The Project The Design Professional will have authority to order minor changes in the Project not involving an adjustment in the Guaranteed Maximum Price or an extension of the Construction Completion Date and not inconsistent with the intent of the Drawings and Specifications. Such changes shall be effected by written order.Documentation of changes shall be determined by the Construction Team and displayed in monthly reporting. Changes shall be approved by Owner's Representative and Design Professional. 10.4 Emergencies In any emergency affecting the safety of persons or property,the Construction Manager shall act at its discretion, to prevent threatened damage, injury or loss. Any increase in the Guaranteed Maximum Price or extension of time claimed by the Construction Manager on account of emergency work shall be determined as provided in Article 10. ARTICLE 11 DISCOUNTS AND PENALTIES 11.1 All discounts for prompt payment shall accrue to the Owner to the extent the Cost of the Work is paid directly by the Owner. To the extent the Cost of the Work is paid with funds of the Construction Manager, all cash discounts shall accrue to the Construction Manager. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment, shall 31 be credited to the Cost of the Work.All penalties incurred due to fault of the Construction Manager for late payment of cost of the Work will be paid by the Construction Manager. ARTICLE 12 PAYMENTS TO THE CONSTRUCTION MANAGER 12.1 Monthly Applications for Payment - The Construction Manager shall submit to the Owner an Application for Payment (Exhibit I), accompanied by a schedule of values, along with the cost reports required under Article 2.1.5, showing in detail all monies paid out, cost accumulated or costs incurred on account of the Cost of the Work during the previous period and the amount of the Construction Manager's fees due as provided in Article 8. In addition, with each Application for Payment,Construction Manager shall provide supporting documentation for any cost incurred per Article 9 which could include but not be limited to schedules of values from subcontractors, invoices for items purchased,and time records for Construction Manager's staff. Applications for payment shall include a Release and Affidavit form(Exhibit H),and/or such lien and bond waivers (in Fla. Stat. Chapter 713 statutory format)verifying payments made by Construction Manager to Subcontractors and suppliers from money received from Owner during the prior month's payment (i.e.,authorizing payment by Construction Manager one month in arrears). Owner shall retain ten percent(10%)of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment (excluding General Conditions costs, insurance and bond costs), whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078. Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit H, acknowledging Contractor's receipt of payment in full for all materials,labor,equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion,Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit H acknowledging that each Subcontractor,sub-subcontractor or supplier has been paid in full through the previous month's payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims;(c)failure of Contractor to make payment properly to subcontractors 32 or for labor,materials or equipment,if Contractor has been paid;(d)reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount;(e)reasonable indication that the Work will not be completed within the Contract Time; (f)unsatisfactory prosecution of the Work by the Contractor; or(g)any other material breach of the Contract Documents by Contractor. If any conditions described in 12.1.are not remedied or removed or if Contractor fails to commence remedying or removing same after seven(7) days written notice, Owner may rectify the same at Contractor's expense. Provided however,in the event of an emergency,Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. 12.2 Final Payment-Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to fmal payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit H,as well as,a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit L. Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project,except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. The final payment of retainage shall not be made until the Project has been inspected by the Design Professional or other person designated by the Owner and until the Design Professional has issued a written certificate that the project has been constructed in accordance with the approved plans, specifications, and approved change orders and until the Owner's Representative has accepted the Project. Final payment shall not be made until the Construction Manager has supplied Owner's Representative with the Release and Affidavit form (Exhibit H) and/or such final lien and bond waivers (in Fla. Stat. Chapter 713 statutory format)signed and dated statements from all laborers, materialmen, and subcontractors as defined in Section 713.01, Florida Statutes, that they have no claims or demands against the Owner for the work under the contract.Said statements shall identify the Project by name and Project number. Construction Manager must also provide Owner's Representative with a Contractor's Final Payment Affidavit in accordance with Fla. Stat. §713.06 (Exhibit D), as well as the surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and retainage, the Construction Manager and the Owner shall jointly complete the Final Payment Checklist,a representative copy of which is attached to this Amendment as Exhibit L. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment,recommending that,on the basis of their observations and inspections,and the Contractor's certification that the Work has 33 been completed in accordance with the terms and conditions of the Contract Documents,that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit H. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. 12.3 Payments to Subcontractors - The Construction Manager shall promptly, within 15 days after receipt of payment from the Owner, pay all the amount due subcontractors less a retainage of ten percent(10%)until after the Project is fifty percent(50%)complete,payment has been issued,and based on Construction Manager's evaluation of the subcontractor's acceptable performance, the Owner may approve a reduction in retainage for payments thereafter. If there should remain items to be completed,the Construction Manager and Design Professional shall list those items required for completion and the Construction Manager shall require the retainage of a sum equal to 200% of the estimated cost of completing any unfinished items, provided that said unfmished items are listed separately and the estimated cost of completing any unfinished items likewise listed separately. Thereafter, the Construction Manager shall pay to the subcontractors, monthly, the amount retained for each incomplete item after each of said items is completed.Before issuance of final payment without any retainage, the subcontractor shall submit satisfactory evidence that all payrolls, material bills and other indebtedness connected with the Project have been paid or otherwise satisfied,warranty information is complete, as-built markups have been submitted and instruction for the Owner's operating and maintenance personnel is complete. 12.4 Delayed Payments by Owner —Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement,Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 12.5 Payments for Materials and Equipment- Payments will be made for material and equipment not incorporated in the work but delivered and suitably stored at the site or another location subject to prior approval and acceptance by the Owner on each occasion. 12.6 Withholding Payments To Subcontractors—Unless good cause is shown and/or pursuant to Florida law, the Construction Manager shall not withhold payments to subcontractors if such payments have been made to the Construction Manager. Should this occur for any reason, the Construction Manager shall immediately return such monies to the Owner's, adjusting pay requests and Project bookkeeping as required. 34 ARTICLE 13 INSURANCE,INDEMNITY AND WAIVER OF SUBROGATION 13.1 Indemnity - To the maximum extent permitted by Florida law, the Construction Manager shall indemnify,defend,and hold harmless Collier County,its officials and employees from any and all liabilities, damages, losses, and costs, including,but not limited to,reasonable attorneys' fees and paralegals' fees, but only to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Construction Manager or anyone employed or utilized by the Construction Manager in the performance of this Agreement; provided that such liability, damage, losses, and costs is/are attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property(other than the Work itself). The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Construction Manager, Owner and any indemnified party. Construction Manager's obligation to indemnify and defend under this Article 13 will only survive four (4) years after completion or termination or the applicable statute of limitations (whichever is longer) for occurrences which pre-date completion or termination. The parties agree and acknowledge that all of the indemnification obligations throughout the Contract Documents and this paragraph are intended to comply with Florida law on indemnity,and to be interpreted in such a way as to be enforceable to the full extent allowed by Florida law.If any word or clause in this section or any indemnification obligation throughout the Contract Documents is/are determined not to be in compliance with Florida law,including any amendments thereto,the remaining words and clauses in this paragraph shall remain in full force and effect, and words and clauses shall be automatically added or edited to cause compliance and to be valid, legal, and enforceable,which is the intent of the parties. The indemnity obligations of Construction Manager shall never extend to the liability of the Architect,Architect's consultants,or any of their members, partners, employees, agents, consultants, subcontractors arising out of: (A) The preparation or approval of,or the failure to prepare or approve maps,Drawings,Specifications,opinions,reports, surveys, designs, Change Orders; or(B)Giving directions or instructions, or failing to give them, if that is a cause of an injury or damage. 13.2 Construction Manager's Insurance (1) During the term of this Agreement the Construction Manager shall provide, pay for, and maintain, with companies satisfactory to the Owner, the types of insurance described herein. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and/or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the Owner, the insurance coverage and limits required must be evidenced by properly executed Certificates of Insurance on an Acord or equivalent form. The Certificates must be personally, manually signed by the Authorized Representatives of the insurance company/companies shown on the Certificates with proof that he/she is an authorized representative thereof. In addition, copies of all insurance policies required shall be provided to the Owner, on a timely basis,if requested by the Owner.These Certificates and policies shall contain provisions that thirty(30)days written notice by registered or certified mail, facsimile or e-mail shall be given to the Owner of any cancellation, intent not to renew, or reduction in the policies' coverage, except in the application of the Aggregate Limits Provisions.Construction Manager also shall notify Owner, in a like manner,within forty-eight(48)hours after receipt by the Construction Manager of the respective notices of expiration,cancellation,non—renewal, or material change in coverage or 35 limits received by Construction Manager from its insurer, and nothing contained herein shall relieve Construction Manager of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy,the Construction Manager shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (2) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: (a) The term "Board of County Commissioners of Collier County, Florida" shall include Collier County, Florida, a political subdivision of the State of Florida and all Authorities, Boards,Bureaus,Commissions,Divisions,Departments and offices thereof and individual members and employees thereof in their official capacity,and/or while acting on behalf of Collier County,Florida. (b) All insurance policies, other than the Professional Liability policy and the Workers Compensation policy,provided by Construction Manager to meet the requirements of this Agreement shall name the Board of Commissioners of Collier County, Florida, as that name is defined in Article 13.2(1) above, as an additional insured on a primary and noncontributory basis (for both on-going operations and products completed operations hazard period)as to the Work of the Construction Manager to be performed under the Contract Documents and shall contain a severability of interests provision. (c) Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Construction Manager. (d) All insurance coverage of the Construction Manager shall be primary to any insurance or self-insurance program carried by the Owner applicable to this Project, and the "Other Insurance"provisions of any policies obtained by Construction Manager shall not apply to any insurance or self-insurance program carried by Owner applicable to this Project. (3) The acceptance by the Owner of any Certificates of Insurance for this Project evidencing the insurance coverage and limits required in this Agreement does not constitute approval or agreement by the Owner that the insurance requirements have been met or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of this Agreement. (4) No work shall commence at the Project site unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the Construction Manager by the Owner. (6) Before starting and until acceptance of the work by Owner,Construction Manager shall procure and maintain insurance of the types and to the limits specified below, "Insurance Requirements". Construction Manager shall require each of its subcontractors to procure and maintain, until the completion of that subcontractor's work, insurance of the types and to the limits specified below, unless such insurance requirement for the subcontractor is expressly waived in writing by the Owner. 36 . "Insurance Requirements" INSURANCE TYPE REQUIRED LIMITS 1. Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Policy must include Employers' Liability with a limit of $1,000,000 each accident. 2. Commercial General Liability Bodily injury&Property Damage Patterned after the Current I.S.O. $2,000,000 Single Limit Per Occurrence Occurrence Form. 3. Automobile Liability $1,000,000 Each Occurrence Owned/Non-Owned/Hired Automobile Included. 4. Other Insurance below: a) Professional Liability $1,000,000, if required. 6) Builder's Risk Insurance, to be paid by the Owner, shall be included in the GMP proposal (Exhibit E). 7) Construction Manager shall carry professional liability insurance in an amount not less than $1,000.000, but only if the Contract Documents require Construction Manager to provide professional architectural, design, or engineering services to Owner. 8) Construction Manager shall insure that all subcontractors comply with the same insurance requirements that Construction Manager is required to meet. Construction Manager shall provide Owner with certificates of insurance meeting the required insurance provisions. 9) The "Collier County Board of County Commissioners" must be named as "ADDITIONAL INSURED" on the Certificate of Insurance for Commercial General Liability where required. 10) The "Collier County Board of County Commissioners" shall be named as the Certificate Holder.NOTE--The"Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 11) No County Division,Department,or individual name should appear on the Certificate.No other format will be acceptable. 12) Thirty(30) Days Cancellation Notice is required. 13) The Certificate must state the Contract Number and Project Title. 13.3 Owner's Insurance— No additional insurance provided. 37 13.4 Other Insurance Terms (1) If any insurance provided pursuant to this Agreement expires prior to the completion of the Work, renewal Certificates of Insurance and, if requested by the Owner, copies of the renewal policies, shall be furnished to Owner thirty(30)days prior to the date of expiration. (2) Should at any time the Construction Manager not maintain the insurance coverage required in this Agreement, the Owner may cancel the Agreement or at its sole discretion shall be authorized to purchase such coverage and charge the Construction Manager for such coverage purchased. If Construction Manager fails to reimburse Owner for such costs within thirty(30) days after demand,Owner has the right to offset these costs from any amount due Construction Manager under th.is Agreement. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage purchased or the insurance company/companies used. The decision of the Owner to purchase such insurance coverage shall in no way be construed to be a waiver of its rights under this Agreement. (3) Construction Manager shall submit within twenty-four (24) hours to Owner and Design Professional a copy of all accident reports arising out of any injuries to its employees or those of any firm or individual to whom it may have subcontracted a portion of the Work, or any personal injuries or property damages arising or alleged to have arisen on account of any work by Construction Manager under the Contract Documents. (4) The Owner shall be exempt from, and in no way liable for, any sums of money that may represent a deductible in any insurance policy except deductibles as agreed to by the Owner in obtaining Builder's Risk Property Insurance. The payment of such deductible shall be the sole responsibility of the Construction Manager and/or subcontractor providing such insurance. 13.5 Waiver of Subrogation (1) Except as to Workers Compensation and Professional Liability, the Owner and Construction Manager waive all rights against each other for damages caused by perils covered by insurance provided under Article 13 to the extent covered by such insurance, except such rights as they may have to the proceeds of such insurance held by the Owner and Construction Manager as trustees. The Construction Manager shall require similar waivers from all subcontractors and their sub-subcontractors. (2) The Owner and Construction Manager waive all rights against each other for loss or damage to any equipment used in connection with the Project and covered by any property insurance. The Construction Manager shall require similar waivers from all subcontractors and their sub- subcontractors. (3) The Owner waives subrogation against the Construction Manager on all property and. consequential loss policies carried by the Owner on adjacent properties and under property and consequential loss policies purchased for the Project after its completion. (4) If the policies of insurance referred to in this section require an endorsement to provide for continued coverage, where there is a waiver of subrogation, the Owner of such policies will cause them to be so endorsed. Failure to obtain proper endorsement nullifies the waiver of subrogation. 38 ARTICLE 14 TERMINATION OF THE AGREEMENT AND OWNER'S RIGHT TO PERFORM CONSTRUCTION MANAGER'S OBLIGATIONS 14.1.1 Termination by the Construction Manager- In the event(i) Owner fails to make any undisputed payment to Construction Manager within ten (10) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Construction Manager under this Agreement, and (ii)Owner has failed to cure such default within seven (7) of receiving written notice of same from Construction Manager, then Construction Manager may stop its performance under this Agreement until such default is cured, after giving Owner a second seven (7) days written notice of Construction Manager's intention to stop performance under the Agreement. If the Work is so stopped for a period of sixty (60) consecutive days through no act or fault of the Construction Manager or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Construction Manager or any Subcontractor, the Construction Manager may terminate this Agreement by giving written notice to Owner of Construction Manager's intent to terminate this Agreement. If Owner does not cure its default within seven(7)days after receipt of Construction Manager's written notice, Construction Manager may, upon seven (7) additional days'written notice to the Owner,terminate the Agreement and recover from the Owner payment for Work performed and all obligations assumed (including termination and cancellation fees) through the termination date, including all Fees on the Work performed, but in no event shall Construction Manager be entitled to payment for Work not performed or any other damages from Owner. 14.2 Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause (1) If the Construction Manager repeatedly fails to perform any material obligation under this Agreement including any obligation Construction Manager assumes to perform work with its own forces, the Owner may, after seven(7)business days written notice during which period the Construction Manager fails to commence correction of such obligation, make good such deficiencies. The GMP, or the actual cost of the Work, whichever is less, shall be reduced by the cost to the Owner of making good such deficiencies and the Construction Manager's Construction Phase Fee shall be reduced at the end of the Project (in the Construction Manager's Final Payment) by the amount required to manage the making good of such deficiencies. If the Construction Manager disagrees with the assessment, Construction Manager shall be immediately entitled to pursue a claim against the Owner pursuant to §16.2 below. (2) If the Construction Manager is adjudged a bankrupt, or if Construction Manager makes a general assignment for the benefit of its creditors,or if a receiver is appointed on account of its insolvency, or if, after seven (7) business days written notice Construction Manager (A) repeatedly refuses or fails to supply enough properly skilled workers or proper materials,except in case for which extension of time is provided; (B) fails to promptly make payment to Subcontractors for materials or labor in in accordance with the respective agreements between the Contractor and the Subcontractors if the Contractor has been paid;(C)repeatedly disregards applicable laws, statutes, ordinances,codes,rules and regulations, or lawful orders of a public authority in the role of Contractor and not designer; or (D) otherwise is guilty of substantial breach of a provision of the Contract Documents, then the Owner may, without prejudice to 39 any right or remedy and after giving the Construction Manager and its Surety, if any, an additional seven(7)business days written notice, during which period Construction Manager fails to commence correction of the violation, terminate the employment of the Construction Manager and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Construction Manager, and may finish the Project by whatever method Owner may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall Construction Manager be relieved from its obligations assumed under Article 7. Unless waived or limited by other terms of this Agreement,the actual expenses incurred by the Owner as a result of a proper termination by the Owner may be deducted from any payment left owing to the Construction Manager (excluding monies owed the Construction Manager for work performed and materials and equipment furnished by others,including subcontract work). (3) If the Construction Manager refuses after seven(7)business days written notice to allow public access to any specified request for documents, papers, letters, or other material subject to the provisions of Chapter 119,Florida Statutes,and made or received by the Construction Manager in conjunction with this Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and its Surety, if any, after an additional seven(7)business days written notice,during which period Construction Manager still fails to allow access,terminate the employment of the Construction Manager and take possession of the site and of all materials,equipment,tools, construction equipment and machinery thereon, owned by the Construction Manager, and may finish the project by whatever method Owner may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall Construction Manager be relieved from its obligations assumed under Article 7. Unless waived or limited by other terms of this Agreement, the actual expenses incurred by the Owner as a result of a proper termination by the Owner may be deducted from any payment left owing to the Construction Manager (excluding monies owed the Construction Manager for work performed and materials and equipment furnished by others,including subcontract work). (4) If the Owner terminates this Agreement under Article 14.2(2) or Article 14.2(3) or section §14.3 below,Owner expressly waives any and all right it has or may have to seek any delay or Liquidated Damages. 14.3 Termination by Owner Without Cause (1) If the Owner terminates this Agreement other than pursuant to Article 14.2(2) or Article 14.2(3), Owner shall pay Construction Manager for unpaid Cost of the Work, including for Work in progress,completed,executed and committed,and all costs incurred by reason of such termination, including cancellation charges or costs submitted by any third party, including, but not limited to, subcontractors or suppliers and including, but not limited to, materials and equipment whether already delivered to the site,being fabricated and pending delivery,as well as those in the process of delivery. Owner shall also pay Construction Manager's Fee on said costs. The Owner shall also pay to the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment retained. In case of such termination of Agreement the Owner shall further assume and become liable for obligations, commitments and unsettled contractual claims that the Construction Manager has previously undertaken or incurred in good faith in connection with said Project.The Construction Manager shall,as a condition of receiving the payments referred to in this Article 14;execute and deliver all such papers and take all such steps including the legal assignment of its contractual rights, 40 as the Owner may require for the purpose of fully vesting in him the rights and benefits of the Construction Manager under such obligations or commitments. (2) After the establishment of the Guaranteed Maximum Price or at the completion of the Pre- construction Phase, if the final cost estimates or lack of funding make the Project no longer feasible from the standpoint of the Owner,the Owner may terminate this Agreement and pay the Construction Manager all amounts provided in Article 14.3(1)above. ARTICLE 15 ASSIGNMENT,GOVERNING LAW AND VENUE 15.1 Neither the Owner nor the Construction Manager shall assign its interest in this Agreement without the written consent of the other except as to the assignment of proceeds. 15.2 This Agreement shall be governed by the Laws of the State of Florida. ARTICLE 16 NOTICE OF CLAIM: WAIVER OF REMEDIES; PROCEDURE FOR DELAY CLAIM 16.1 Notice of Claim- The Owner's liability to Construction Manager for any claims arising out of or related to the subject matter of this Agreement,whether in contract or tort,including,but not limited to, claims for extension of construction time, for payment by the Owner of the costs, damages or losses because of changed conditions under which the work is to be performed, or for additional work,shall be governed by the following provisions: (1) All claims must be submitted as a Request for Change Order in the manner as provided herein. (a) The Construction Manager must submit a Notice of Claim to Owner and to the Design Professional within Thirty (30) business days of when the Construction Manager was or should have been aware of the occurrence of the event giving rise to the claim;and (b) Within ten(10)business days of submitting its Notice of Claim,the Construction Manager shall submit to the Owner its Request for Change Order, which shall include a written statement of all details of the claim, including a description of the work affected. (2) The Construction Manager agrees that the Owner shall not be liable for any claim that the Construction Manager fails to submit as a Request for Change Order as provided in this paragraph. (3) After receipt of a Request for Change Order, the Owner, in consultation with the Design Professional,shall deliver to the Construction Manager its written determination of the claim. (4) In the event the Owner and Construction Manager are unable to agree on the terms of a Change Order, the Owner shall have the option to instruct the Construction Manager to proceed with the work. In that event,the Owner shall agree to pay for those parts of the work,the scope and price of which are not in dispute.The balance of the disputed items in the order to proceed shall be resolved in accordance with Article 16.2. 16.2 Resolution of Claims and Disputes,Generally—Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties,the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by Owner's County Manager 41 or authorized designee who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102,Fla. Stat. 16.3 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. 16.4 Remedy for Delay - For work the Construction Manager performs with its own forces, and in addition to the adjustments provided for in Article 8, the Construction Manager's remedies for delay in performance of the construction caused by events beyond its control including delays claimed to be caused by or attributable to the Owner or the Design Professional, including claims based on breach of contract or negligence, shall be a claim submitted in compliance with 16.1 above, for an extension of the scheduled construction time(based upon the actual time impact to the Project because of the delay). Also, in the event of a change in such work, the Construction Manager's claim for adjustments in the contract sum are limited to its actual costs for such changes, plus ten (10%) percent for profit thereon. The Construction Manager expressly agrees that the foregoing shall constitute its sole and exclusive remedies for delays and changes in work and eliminate any other remedies which the Construction Manager may have to claim additional compensation. 16.5 Waiver of Consequential Damages - The Construction Manager and Owner waive any and all claims against each other for consequential,incidental or special damages arising out of or relating to this Agreement.This mutual waiver includes: 1. damages incurred by the Owner for rental expenses, for losses of use, income, profit, fmancing, business and reputation, and for loss of management or employee productivity or of the services of such persons;and 2. damages incurred by the Construction Manager for monetary claims for losses of fmancing, business and reputation,and for loss of profit except anticipated profit arising directly from the Work. ARTICLE 17 MISCELLANEOUS 17.1 Harmony - Construction Manager is advised and hereby agrees that Construction Manager will exert every reasonable and diligent effort to assure all labor employed by Construction Manager and its Subcontractors for work on the Project shall work in harmony with and be compatible with all other labor being used by building and Construction Managers now or hereafter on the site of the Project. Construction Manager further agrees that this provision will be included in all subcontracts of the Subcontractors as well as the Construction Manager's own contract; provided, however,that this provision shall not be interpreted or enforced so as to deny or abridge,on account of membership or non-membership in any labor union or labor organization,the right of any person to work as guaranteed by Article 1, Section 6 of the Florida Constitution 42 17.2 Apprentices- If the Construction Manager employs apprentices on the project,the behavior of the Construction Manager and the Owner shall be governed by the provisions of Chapter 446,Florida Statutes, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the.State of Florida Department of Labor and Employment Security. The Construction Manager will include a provision similar to the foregoing sentence in each subcontract. 17.3 Applications for Payment - Applications for Payment shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Invoices for any travel expenses shall be submitted in accordance with procedures specified in Section 112.061 of the Florida Statutes governing payments by the State for travel expenses. 17.4 Construction Manager's Project Records - The Construction Manager's Project Records shall be maintained as prescribed hereinabove and shall be made available to the Owner or its authorized representative at mutually convenient times. 17.5 Minority Participation - When Projects involve State of Florida or Federal funding, Construction Manager shall diligently attempt to comply with State of Florida and Federal requirements on minority participation. 17.6 Construction Manager's Payment Rights Owner shall make payments in accordance with Chapter 218,Florida Statutes,the"Florida Prompt Payment Act."Interest penalties shall be at the legal rate. Interest penalties of less than one(1)dollar will not be enforced unless the Construction Manager requests payment. 17.7 Public Entity Crime Information Statement - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 17.8 Immigration and E-Verify: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto,as either may be amended.Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security(DHS)in partnership with the Social Security Administration(SSA),provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will 43 be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Contractors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's / Contractor's proposal may be deemed non-responsive. Additionally,Contractors shall require all subcontracted Contractors to use the E-Verify system for . all purchases not covered under the"Exceptions to the program"clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 17.9 Electronic Mail Capabilities - The Construction Manager must have electronic mail capabilities through the World Wide Web. It is the intention of the Owner to use electronic communication for all projects whenever possible. The Construction Manager shall provide their electronic mail address and the name of a contact person responsible for their electronic communications. 17.10 Captions and Section Headings - Captions and section headings used herein are for convenience only and shall not be used.in construing this Agreement. 17.11 Agreement Preparation-This agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by one of the parties. It is recognized that both parties have substantially contributed to the preparation of this Agreement. 17.12 Third Party Beneficiaries - This agreement does not create any relationship with, or any rights in favor of any third party. 17.13 Unless stated otherwise, the term "day" as used in the Contract Documents shall mean calendar day. 17.14 Statutory Disclosures— 44 (a) ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558,FLORIDA STATUTES. (b) By executing and entering into this Agreement, the Construction Manager(in the Construction Manager's capacity as a contractor and not as a licensed design professional), 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 CONSTRUCTION MANAGER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSTRUCTION MANAGER'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 Except as to records (and other information) which are exempt, privileged, private or protected whereupon appropriate the procedures may be requested and implemented and/or the Construction Manager might not be required to produce the records(and other information)or only in a limited fashion or manner, the Construction Manager 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 Construction Manager 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 Construction Manager or keep and maintain public records required by the public agency to perform the service. If the Construction Manager transfers all public records to the public agency upon completion of the contract, the Construction Manager shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Construction Manager keeps and maintains public records upon completion of the contract, the Construction Manager shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 45 If Construction Manager observes that the Contract Documents are at variance therewith, it shall promptly notify the Owner in writing.Failure by the Construction Manager to comply with the laws referenced herein may constitute a breach of this Agreement and, if material, the Owner shall have the discretion to unilaterally terminate this Agreement immediately. 46 • EXHIBIT A CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES 1. Owner—Collier County,a political division of the State of Florida Nick Casalanguida Collier County,Deputy Manager Nick.Casalanguidana,colliercountyfl.gov NickCasalanguida@CollierGov.net Tel: (239)252-8383 Margaret Bishop, P.E. Principal Project Manager Margaret.Bishop@colliercountyfl.gov Facilities Management 3335 East Tamiami Trail, Suite 101 Naples, Florida 34112 Tel: (239)252-8380 Fax: (239)252-3795 2. Construction Manager- Manhattan Construction (Florida),Inc. Gordon Knapp Senior Vice President-Florida Manhattan Construction(Florida), Inc. 3705-1 Westview Drive Naples, Florida 34104 gknapp(aimanhattanconstruction.com Tel: (239) 643-6000(office) Tel: (239) 675-8333 (cell) David Puls Project Director Manhattan Construction(Florida), Inc. 3705-1 Westview Drive Naples, Florida 34104 DPulsAmanhattanconstruction.com Tel: (239) 280-2628 (office) Tel: (239)255-9253 (cell) 3. Design Professional-Davidson Engineering, Inc. Josh Fruth Vice President Davidson Engineering, Inc. 4365 Radio Road#201 Naples, Florida 34104 Josh@av idsonengineering.com Tel: (239)434-6060 (office) Tel: (239) 877-3480 (cell) Fax: (239)434-6084 EXHIBIT B CONSTRUCTION MANAGER'S KEY PERSONNEL ASSIGNED TO THE PROJECT ■ Gordon Knapp Senior Vice President ■ Josh Willard Operations Manager ■ John Begani Chief Estimator ■ David Puls Project Director ■ Ken Masse Senior Superintendent ■ Dean Ramineh Senior Safety Manager ■ Betty Lounds Field Office Manager ■ Future Phases Area Project Superintendent ■ Future Phases Area Project Superintendent ■ Future Phases Sr. Project Manager ■ Future Phases Project Manager ■ Future Phases Assistant Project Manager ■ Future Phases Sr Project Engineer EXHIBIT C CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. DESIGN PROFESSIONAL's Project No. PROJECT: CONSTRUCTION MANAGER Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: Phase 0—GMP#01 Lake Excavation,Clearing& Grubbing Work To: OWNER And To: Substantial Completion is the state in the progress of the Work when the Work (or designated portion)is sufficiently complete in accordance with the Contract Documents so that the OWNER can occupy or utilize the Work for its intended use. On the date provided below, CONSTRUCTION MANAGER declares that the Work has reached Substantial Completion.Moreover,the Work to which this Certificate applies has been inspected by authorized representatives of OWNER and DESIGN PROFESSIONAL and they also agree that the Work is substantially complete in accordance with the requirements of the Contract Documents: DATE OF SUBSTANTIAL COMPLETION Pursuant to §2.4(g) of the Amendment, a Punch List shall be prepared within 10 calendar days from the date hereof. The failure to include an item on the Punch List shall not alter the responsibility of CONSTRUCTION MANAGER to repair any and all Work in accordance with the CONSTRUCTION MANAGER's warranties as provided in the Contract Documents. The Punch List shall be completed on or about days after the preparation of the Punch List. The responsibilities between OWNER and CONSTRUCTION MANAGER for security,operation,safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONSTRUCTION MANAGER: 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 CONSTRUCTION MANAGER's obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 201 . DESIGN PROFESSIONAL By: Type Name and Title CONSTRUCTION MANAGER accepts this Certificate of Substantial Completion on , 201 CONSTRUCTION MANAGER By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 201 . OWNER By: Type Name and Title EXHIBIT D Construction Manager's Final Payment Affidavit (Pursuant to §713.06, Fla. Stat.) STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) Before me, the undersigned authority, personally appeared Gordon Knapp, who, upon being duly sworn, deposes and says of his personal knowledge the following: 1. He is the Senior Vice President - Florida, of Manhattan Construction (Florida), Inc., which does business in the State of Florida, hereinafter referred to as the "Construction Manager." 2. Construction Manager, pursuant to a contract with Collier County, a political subdivision of the State of Florida, hereinafter referred to as the "Owner," has furnished or caused to be furnished labor, materials and/or services for Project No: 50156, Phase 0 — GMP#1 Lake Excavation, Clearing & Grubbing for Collier County Sports Complex on the real property known as Collier County Sports Complex,having the address of Naples,Florida. 3. This affidavit is executed by the Construction Manager in accordance with §713.06 of the Florida Statutes for the purposes of obtaining final payment from the Owner in the amount of 4. All Work to be performed under the contract has been fully completed, and all lienors under direct contract have been paid in full, except the following listed lienors: NAME OF LIENORS: AMOUNT DUE: Manhattan Construction (Florida),Inc. By: Gordon Knapp, Senior Vice President-Florida Sworn to and subscribed before me this day of , 201 , by Gordon Knapp, the Senior Vice President — Florida of Manhattan Construction (Florida), Inc., who personally known to me or produced as identification, and did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of 201 Notary Public State of Florida at Large Typed, printed or stamped name of Notary Public My Commission Expires: EXHIBIT E GMP PROPOSAL (See, El attached) Cor County i9. ' k -ri:. i .,.....,... . ........., . , .,.......„,„ , , 1 ..,,,,,.,, - . „„ , , Culler County, C'__ Contents Collier County Sports Complex 1.GMP Budget Summary Exhibit G-GMP Proposal: 2.GMP Clarifications and Assumptions Phase 0-GMP#01 Lake Excavation, Clearing&Grubbing 3.General Conditions Budget Estimate September 17, 2018 4.Allowances(not required for this phase) 5.GMP Bid Tabulations and Recommendations Prepared for: Collier County Government 6.Preliminary Construction Schedule Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112-5746 7.Document Rider—List of Contract Documents (including Plans and Specifications to which the Prepared by: GMP Budget is based upon) Manhattan Construction 3705-1 Westview Drive Naples, Florida 34104 8. Value Engineering Tracker(not required for this phase) Contact Person at Manhattan: Gordon Knapp, Senior Vice President gl<napp@manhattanconstruction.com (239) 643-6000 0 Manhattan SCoMntL Section One - GMP Budget Summary Manhattan dr ISAup t elle e t'. TOTAL ACRES:78.3 Project Name:COLLIER COUNTY SPORTS COMPLEX-PHASE 0 ACRES: 78.3 Date:SEPTEMBER 17,2018 DURATION:7-MONTHS GENERAL SUMMARY FOR THE;LAKE( _!AR) MANHATTAN CONSTRUCTION. BID PKG NO. SCOPE OF WORK TOTAL %OF COSTS COMMENTS BP01A GENERAL CONDITIONS(STAFF-7 months) 223,930.00 10.41% MANHATTAN CONSTRUCTION BP01L SURVEYING(included Subcontractor Bond and Insurances) 28,871.68 1.34% JOHNSON ENGINEER BP01Z GENERAL REQUIREMENTS(7 months) 16,814.00 0.78% MANHATTAN CONSTRUCTION BP02A SITE WORK(included Subcontractor Bonn and Insurances) _ T 1,766,761.54 82.12% SOUTH FLORIDA EXCAVATION BP02G FENCE(indudod Subcontractor Bond and Insurances) 5,075.00 0.24% CARTER Subtotal 2,041,452.22 Subtotal Cost of Work 2,041,452.22 94.89% 0.000% Dwngn's Contingency(ByOwner) Owner's 0.000% Design Contingency(N/Ai 0.060% MCF Construction Contingency(N/A) - Subtotal Cast of Work 2,041,452.22 94.89% 3.500% MCF Fee(Calculated on GC's/Surveying/GR's/Sitework&Site Fence) 71,450.83 - Subtotal __._. _ _.. ,._ 2,112,903.05 98.21% 1.175% Construction Manager Insurances(Calculated on GC's/Surveying/GR's/Sitework&Fence) 23,987.06 Subtotal 2,136,890.11 99.32% CM Payment&Performance Bond(Calculated on GC's/Surveying/GR's/Sitework&Fence 0.705% plus Construction Managers Insurances) 14,561.35 TOTAL COST SCHEDULE AMOUNT 2,151,451.46 100.00% ALT#001 DRAINAGE UTILITIES(included Subcontractor Bond and Insurances) 273,506.00 JENSEN 3.5% MCF FEE 9,572.71 1.175% CM Insurances 3,213.70 0.705% CM P&P Bond 1,950.87 ALT#001 TOTAL 288,243.28 ALT#002c CRUSH ROCK ONLY/STOCKPILE(included Subcontractor Bond and Insurances) 721,418.02 SOUTH FLORIDA 3.5% MCF FEE 25,249.63 1.175% CM Insurances 8,476.66 0.705% CM P&P Bond 5,145.76 ALT#002c TOTAL 760,290.07 GMP PHASE 0 TOTAL 3,199,984.81 Date Pent:9/17/2018 CCSC PHASE 0 ESTIMATE SUMMARY 20180917_gmp.xlsx Estimate Summary Sheet Page 1 of 1 Collier County Section Two - GMP Clarifications and Assumptions 6111111* Builder-Driven Pre-Construction' Clarifications & Assumptions Collier County Sports Complex—Phase 0 Naples, Florida Construction Documents September 17, 2018 GENERAL ITEMS 1. We assume unrestricted access to the work sites per the Site Utilization Plan. 2. We have excluded any costs for hazardous materials removal and/or mitigation and/or Tiff fees for contaminated soils. 3. Independent or police jobsite night time security has not been included. 4. We have included a 6' high temporary fence at the project entrance only. Includes swing gates and fencing to wooded area only. 5. All independent laboratory testing is not included and assumed to be provided by Owner. BP01 A PROJECT MANAGEMENT 1. Payment and performance bonds are included. 2. Sales tax is included. 3. GMP Schedule assumes a NTP to be issued one (1) week after the scheduled September 25, 2018 Board Meeting on October 2, 2018. Substantial Completion is scheduled for May 23, 2019 which is 234 Calendar Days from NTP date. 4. Costs for General Conditions (Staff) and General Requirements are included for seven (7) months in the GMP. It is assumed that Phase 1 work will begin on May 1, 2019. Phase 1 General Conditions (Staff) and General Requirements are not included in this GMP. BP02A SITE WORK 1. GMP includes work associated with providing a Temporary Road to provide construction access to the project jobsite and does not include final grade and/or asphalt or Permanent Road. Temporary drainage under the road is provided by three(3) 12" corrugated plastic pipes. 2. GMP excludes any new berms. GMP includes lake banks only. 3. GMP includes only import fill for the Temporary Road. Site is assumed to be balanced and all material will be stockpiled on site. 0I Manhattan t Buildu2g( ce11€*rice. Builder-Driven Pre-Construction' 4. Alt#002 includes work associated with crushing all rock excavated from Lake and stock piled onsite only(refer to Item #17). BP02B SITE UTILITIES 1. None. Manhattan 2 1 uiidin r(Tcr;tktncr& Collier County Section Three - General Conditions Budget Estimate co 0 N N '6.75 N U7 N VF C ; I V , U N CiON in F 73I- ii' et gQ gg �i 0 Ypep n; m n �i o .°•+ am i3 •N1 e R m °mei a m 4 Z d O O g 1 N N n V V O5 N N ,�-1 N V N N N N N T. Q r 0 = in in j N N -.I. N N {/, V! VI in N 1 1A N N N N N N • a Lu 3Ln In G in j j i i I ( i o 0 ! ,- a s tt O `o a 3 8 c d '° g 1=1 m a. rl v° .a m 4- O V1 r s r j t r r r t r 2 �- t t t r r � to , r t z z t . 2 o o `o `o o o `o `o `o o `o 'o o' 0 0 0 `o o `o 0 0 O a it 3/3 M O 0- 000000000000000000100 i o W 0 re W ct a w $ w $ < o < ZI 1 Z Z Z � ^•y m u + U U < < a U z w r_ O 5 w w a v,/ 0 5ZIT 2 w O z z K a z zg¢z W w ZO i j a i °z N 4 U z U ZO V K zIT U 2 I Z < N Z W N z Q O w K w O w w N O w U_' U M w LL U O I- O W W N a IA o w a z 'O a 0 z w a w z 0 z a a 0 Q' 0 K w U- a' < w K W 00 0. = a. w N w > > Cl) 13 a 1 0 a Co a a < a a 0 � m a U a m w N N N < W U 011 § U'1 gg o ° 8 ° v u>. 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W Q 1 W N❑O❑UUU fAO m m 52,`,'NoaU❑W K y um 0 0 00 ?a Fy m co' m n � - 1- W Z ~ :2-g ?� w CC y O } Ziith W W 2 2 g o o m.= C NMv0n0r wo .-NMv�n ZO.---�NNNNo W,n Z W'E Jy F a ac c-� Q N>a,N Q Fill.i > E O it C.X Ulalw a N.,CWWm="m ? 0 0 0 as COLLIER COUNTY SPORTS COMPLEX AND EVENT CENTER ENGINEER'S ESTIMATE -PHASE ZERO 9/17/2018 BID SCHEDULE-PROPOSED SITE WORK Scope of Work Quantity Unit Unit Price Total Price Initial Site Design 1 Mobilization/General Conditions 1 LS $83,077.39 = $ 83,077.39 2 Traffic Maintenance BY MC LS BY MC = BY MC 3 Drop Inlet Barriers 2 EA $1,140.00 = $ 2,280.00 4 Silt Fence(Includes Maintenance) 20,200 LF $2.00 = $ 40,400.00 5 Double Row Turbidity Curtain 106 LF $28.60 = $ 3,031.60 6 Clearing and Grubbing(CLEARING EXHIBIT-SHEET 2) 53.0 AC $3,670.00 = $ 194,510.00 7 Clearing and Grubbing(CLEARING EXHIBIT-SHEET 3) 6.0 AC $5,420.00 = $ 32,520.00 8 Clearing and Grubbing(CLEARING EXHIBIT-SHEET 4) 2.05 AC $11,940.00 = $ 24,477.00 9 Imported Fill (Temp Road) 2,300 CY $18.70 = $ 43,010.00 10 Load, haul,grade(temp road) 4,000 CY $3.25 = $ 13,000.00 11 Sod-Bahia 7,920 SY $3.80 = $ 30,096.00 12 Site Grading(Rough) 11,500 SY $1.10 = $ 12,650.00 13 Lake Blasting(9' Deep) 11.2 AC $53,549.11 = $ 599,750.00 14 Lake Excavation (fill;3' depth) 56,851 CY $2.95 = $ 167,710.45 15 Lake Excavation(rock;9'depth) 142,534 CY $3.65 = $ 520,249.10 TOTAL INITIAL SITE DESIGN CONSTRUCTION = $ 1,766,761.54 ALT#002 16 Mobilization/General Conditions 1 LS $15,874.72 = $ 15,874.72 17 Rock Crushing(stock pile only) 142,534 CY $4.95 = $ 705,543.30 TOTAL INITIAL SITE DESIGN CONSTRUCTION = $ 721,418.02 ALT#001 Drainage Utilities 18 Mobilization/General Conditions LS = $ - 19 30" Reinforced Concrete Pipe LF = $ - 20142"Reinforced Concrete Pipe LF = $ - 21 30" FES EA = $ - 22 P-7 Junction Box EA = $ - 23 Control Structure EA = $ - 24 Drainage Structure Modification (Type H Box) EA = $ - 25 Excavation for Structure Install EA = $ - 26 Rock Trenching LF = $ - TOTAL DRAINAGE UTILITY CONSTRUCTION = $ -6) - OVERALL TOTAL SITE CONSTRUCTION S=1 $,Z'.frf/ 97 -5G. 7. AUTHORIZATION Name of Bidder/Company ,�-)C=tA- `!1 Cr i cf e Q Ve-- c,~1 1,'i C. Name of Authorized Person(printed) Title Signature of Authorized Person Date `` COLLIER COUNTY SPORTS COMPLEX AND EVENT CENTER ENGINEER'S ESTIMATE - PHASE ZERO 9/17/2018 BID SCHEDULE-PROPOSED SITE WORK Scope of Work Quantity Unit Unit Price Total Price Initial Site Design 1 Mobilization/General Conditions Ls = N/A #4 Traffic Maintenance LS = N/A #4 Drop Inlet Barriers EA = N/A ## Silt Fence (Includes Maintenance) LF = N/A #4 Double Row Turbidity Curtain LF = N/A 44 Clearing and Grubbing(CLEARING EXHIBIT SHEET 2) Ac = N/A #4 Clearing and Grubbing(CLEARING EXHIBIT-SHEET 3) Ac = N/A tilt Clearing and Grubbing(CLEARING EXHIBIT-SHEET 4) Ac = N/A ## Imported Fill(Temp Road) cY = N/A 04 Load, haul, grade(temp road) cY = N/A alt Sod- Bahia SY = N/A #4 Site Grading (Rough) SY = N/A #4 Lake Blasting(9' Deep) AC = N/A #4 Lake Excavation (fill;3' depth) cv = N/A tilt Lake Excavation (rock;9'depth) cY = N/A TOTAL INITIAL SITE DESIGN CONSTRUCTION = N/A ALT#002 16 Mobilization/General Conditions N/A 17 Rock Crushing(stock pile only) N/A TOTAL INITIAL SITE DESIGN CONSTRUCTION = N/A ALT#001 Drainage Utilities 18 Mobilization/General Conditions 1 LS $4,042.00 = $ 4,042.00 19 30" Reinforced Concrete Pipe 260 LF $103.50 = $ 26,910.00 20 42" Reinforced Concrete Pipe 715 LF $151.60 = $ 108,394,00 21 30" FES 4 EA $4,822.00 = $ 19,288.00 22 P-7 Junction Box 2 EA $3,485.00 = $ 6,970.00 23 Control Structure 5 EA $5,598.00 = $ 27,990.00 24 Drainage Structure Modification (Type H Box) 1 EA $3,287.00 = $ 3,287,00 25 Excavation for Structure Install 7 EA $500.00 = $ 3,500.00 26 Rock Trenching 975 LF $75.00 = $ 73,125.00 TOTAL DRAINAGE UTILITY CONSTRUCTION = $ 273,506.00 OVERALL TOTAL SITE CONSTRUCTION = $ - 7. AUTHORIZATION J �i �j Name of Bidder/Company '11 j eih U i,01 0 r r- Li I t! O h1a 7 /t°I / st,h • (KV G/7' ill cti 1/46, Name of Authorized Person(printed) Title 07/(T Signature of Authorized Person Date JOHNS SINCE 1946 ENGINEERING September 14, 2018 VIA E-MAIL: KMasse@ManhattanConstruction.com Mr. Ken Masse Manhattan 3705-1 Westview Drive Naples, Florida 34104 Re: Survey Layout and As-built Information at City Gate Phase Three Dear Mr. Masse: The following scope of services is to define the construction staking and as-built data collection to be provided by Johnson Engineering, Inc. (CONSULTANT) at City Gate Phase Three and is based on the design plans prepared by Davidson Engineering dated 3/26/2018 and the attached color-coded master drainage plan (sheet C-21.02). Horizontal data will be in feet and shall be projected on the Florida State Plane Coordinate System, East Zone, NAD83(2011). Vertical data will be in feet and shall be referenced to the North American Vertical Datum of 1988 (NAVD88). Lake,Sports Complex p p Laydown Area, and Drainage Easements (Blue) Construction Staking CLIENT Responsibilities: The CLIENT shall provide complete and approved civil engineering design plans, architectural/structural building plans and utility conduit/crossing plans in digital AutoCAD and PDF formats. The CLIENT shall also provide complete and approved electrical plans depicting the location of light poles, transformers and hand holes in digital AutoCAD and PDF format. The CLIENT shall be responsible for ensuring that the site is in a suitable condition at the time construction staking is requested. Suitable condition includes, but is not limited to, clearing the area of various vehicles, materials, and personnel. If CLIENT fails to provide suitable conditions prior to survey requests, additional charges for travel time to and from the site will be billed for that day. CLIENT is responsible for coordinating and scheduling surveying tasks at least 48 hours in advance. ALL additional staking requests beyond the scope contained herein and ALL re-staking will be considered additional services and, upon approval by the CLIENT, will be billed on a time and materials basis. 23.50 Stanford Court.Naples,Florida 34112 (239)434-0333 .Fax(239)434-9320 September 14, 2018 Page 2 CONSULTANT Responsibilities: The CONSULTANT shall perform the following tasks for construction staking. All construction staking is on a one(1)time basis and is limited to the items listed below. 1. Survey Control/Project Limits The CONSULTANT shall: a. Establish horizontal and vertical control necessary to perform the construction staking. b. Stake the centerline of the silt fence for installation at 100-foot intervals on tangents and 50-foot intervals on curves, including angle points, points of curvature, and points of tangency for approximately 24,180 linear feet. 2. Earthwork The CONSULTANT shall: a. Stake and grade the edge of proposed laydown area at 100-foot intervals on tangents and 50-foot intervals on curves, including angle points, points of curvature, and points of tangency for construction. b. Stake and grade with offsets to the centerline of the berm at 100-foot intervals on tangents and 50-foot intervals on curves, including angle points, points of curvature, and points of tangency for approximately 2,760 linear feet. 3. General Storm Water The CONSULTANT shall: a. Stake the centerline of 12 storm water structures with two(2)in line offsets each,one(1)time for construction. The CONSULTANT shall set a benchmark near the structures. b. Stake and grade the lake control line for excavation at 100-foot intervals on tangents and 50-foot intervals on curves, including angle points, points of curvature, and points of tangency for approximately 3,200 linear feet. As-Built Data Collection The CONSULTANT shall perform the following tasks for as-built data collection. All as-built data collection tasks will be performed on a one (1) time basis. If an item or facility requires repairs or modifications after the initial as-built data collection, the CLIENT agrees that subsequent as-built data collection of the repaired or modified facilities will be considered additional services and, upon approval by the CLIENT, will be billed on a time and materials basis. The location of underground facilities or structures other than those specifically listed below are excluded from this scope. Unless otherwise noted, all as-built data will be provided in digital CAD format directly to the engineer of record and a separate survey drawing is not included as a part of this scope. 1. General Storm Water The CONSULTANT shall: a. Obtain horizontal and vertical data for newly constructed drainage structures to include the following: pipe diameter sizes, grate/rim elevations, September 14, 2018 Page 3 dimensions of mitered end sections, invert elevations, and edge of pavement elevation for throat inlets. b. Obtain horizontal and vertical data for the top of bank and control elevation for the lake. c. Prepare a hydrographic exhibit for the lake, delineating the proposed grade break and bottom elevations. d. Obtain horizontal and vertical data for the weir structure to include top and invert elevations, size of openings in the structure, and pipe diameter size. e. Obtain elevations of the constructed berms and swales at 100-foot intervals for approximately 2,760 linear feet. 2. Storm Water Control Structures The CONSULTANT shall: a. Obtain the horizontal location on the control structure. b. Obtain the outside and inside dimensions of the structure. c. Obtain the grate elevation and top/bottom elevations of the structure, along with invert elevations and pipe diameter sizes. d. Obtain the invert elevation and size of orifices located in the walls of the control structure. e. Obtain the size and elevations of weir structures within the control structure or in the side of the structure. Lump Sum Fee: $27,405.00 If you have questions about this proposal or need additional information,please contact me at(239)434-0333, Sincerely, JOIINSPN ENGINEERING, INC. Barry�E-Syren .S.M. Surveying Manager WPM CONSTRUCTION BID TAB COLLIER COUNTY SPORTS COMPLEX AND EVENT CENTER ENGINEER'S ESTIMATE - PHASE ZERO 9/17/2018 BID SCHEDULE- PROPOSED SITE WORK Scope of Work Quantity Unit Unit Price Total Price Initial Site Design 1 Mobilization/General Conditions 1 LS $62,034.24 = $ 62,034.24 2 Traffic Maintenance BY MC LS BY MC = BY MC 3 Drop Inlet Barriers 13 EA $300.00 = $ 3,900.00 4 Silt Fence (Includes Maintenance) 21,765 LF $2.00 = $ 43,530.00 5 Double Row Turbidity Curtain 113 LF $24.00 = $ 2,712.00 6 Clearing and Grubbing(CLEARING EXHIBIT-SHEET 2) 62.2 AC $4,900.00 = $ 304,780.00 7 Clearing and Grubbing(CLEARING EXHIBIT-SHEET 3) iNC AC $0.00 = INC ABOVE 8 Clearing and Grubbing(CLEARING EXHIBIT-SHEET 4) INC AC $0.00 = INC ABOVE 9 Imported Fill (Temp Road) 11,181 CY $4.50 = $ 50,314.50 10 Load, haul,grade (temp road) 2,919 CY $4.50 = $ 13,135.50 11 Sod -Bahia 7,920 SY $3.80 = $ 30,096.00 12 Site Grading(Rough) 11,500 SY $1.10 = $ 12,650.00 13 Lake Blasting(9' Deep) 13.0 AC $39,600.00 = $ 514,800.00 _14 Lake Excavation (fill; 3' depth) 56,851 CY $2.95 = $ 167,710.45 15 Lake Excavation (rock;9'depth) 180,080 CY $3.75 = $ 675,300.00 TOTAL INITIAL SITE DESIGN CONSTRUCTION = $ 1,880,962.69 ALT#002 16 Mobilization/General Conditions 1 LS $12,965.76 = $ 12,965.76 17 Rock Crushing(stock pile only) 180,080 4.8 $4.80 = $ 864,384.00 TOTAL INITIAL SITE DESIGN CONSTRUCTION = $ 877,349.76 ALT#001 Drainage Utilities 18 Mobilization /General Conditions 1 LS $25,000.00 = $ 25,000.00 19 30" Reinforced Concrete Pipe 370 LF $65.00 = $ 24,050.00 20 42" Reinforced Concrete Pipe 716 LF $136.00 = $ 97,376.00 21 30" FES 4 EA $3,000.00 = $ 12,000.00 22 P-7 Junction Box 2 EA $7,000.00 = $ 14,000.00 23 Control Structure 5 EA $5,600.00 = $ 28,000.00 24 Drainage Structure Modification (Type H Box) 1 EA $10,000.00 = $ 10,000.00 25 Excavation for Structure Install 7 EA $300.00 = $ 2,100.00 26 Rock Trenching 976 LF $70.00 = $ 68,320.00 TOTAL DRAINAGE UTILITY CONSTRUCTION = $ 280,846.00 OVERALL TOTAL SITE CONSTRUCTION = $ 3,039,158.45 l CP C (13• f Co a_ 1 a) c c c • VI U U. 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Section 7 Document Rider- List of Contract Document LIST OF DRAWINGS & SPECIFICATIONS COLLIER COUNTY SPORTS COMPLEX- PHASE ZERO September 17,2018 Page Description Latest Issue Date Number CIVIL DRAWINGS C-00.01 COVER PAGE 3/26/2018 C-00.10 GENERAL NOTES 3/26/2018 C-00,20 AERIAL AND FLUCCS MAP 12/22/2017 C-10.00 EXISTING CONDITIONS,CLEARING AND REMOVALS PLAN 12/22/2017 C-15.00 ZONING DATA SHEET 2/1/2018 C-15.01 DEVELOPMENT STANDARDS#1 2/12/2018 C-20.00 OVERALL MASTER SITE PLAN 3/26/2018 C-21.00 DRAINAGE SUB-BASINS PLAN 12/22/2017 C-21.01 LAND USE TABLES AND DRAINAGE CALCULATIONS 3/26/2018 C-21.02 OVERALL MASTER DRAINAGE PLAN AND INDEX SHEET 3/26/2018 C-21.03 MASTER DRAINAGE PLAN#1 3/26/2018 C-21.04 MASTER DRAINAGE PLAN#2 3/26/2018 C-21.05 MASTER DRAINAGE PLAN#3 3/26/2018 C-21.06 MASTER DRAINAGE PLAN#4 3/26/2018 C-21.07 MASTER DRAINAGE PLAN#5 3/26/2018 C-22.00 OVERALL MASTER UTILITY PLAN AND INDEX SHEET 12/22/2017 C-22.01 MASTER UTILITY PLAN#1 12/22/2017 C-22.02 MASTER UTILITY PLAN#2 12/22/2017 C-22.03 MASTER UTILITY PLAN#3 2/12/2018 C-22.04 MASTER UTILITY PLAN#4 3/26/2018 C-23.00 GEOMETRICS AND STRIPING PLAN-CITY GATE BOULEVARD SOUTH 3/26/2018 C-24.00 PLAN AND PROFILE SHEET INDEX-CGSB 12/27/2017 C-24.01 PLAN AND PROFILE STA.00+00-04+00 3/26/2018 C-24.02 PLAN AND PROFILE STA.04+00-08+00 3/26/2018 C-24.03 PLAN AND PROFILE STA.08+00- 12+00 3/26/2018 C-24.04 PLAN AND PROFILE STA. 12+00- 16+00 3/26/2018 C-24.05 PLAN AND PROFILE STA.20+00-23+59 3/26/2018 C-24.10 LAKE EXCAVATION LAYDOWN AREA 2/12/2018 C-24.20 LAKE PROFILES A-A AND C-C 12/22/2017 C-24.21 LAKE PROFILE B-B 12/22/2017 C-24.22 LAKE PROFILES D-D AND E-E 12/22/2017 C-24.23 LAKES PROFILES F-F AND G-G 12/22/2017 C-24.24 LAKE PROFILES H-H AND I-I 12/22/2017 C-25.00 CROSS-SECTIONS SHEET INDEX-CITY GATE BOULEVARD SOUTH 12/22/2017 C-25.01 CROSS-SECTIONS STA.00+00-04+00 3/26/2018 C-25.02 CROSS-SECTIONS STA.04+50-08+50 3/26/2018 C-25.03 CROSS-SECTIONS STA. 09+00- 13+00 3/26/2018 C-25.04 CROSS-SECTIONS STA. 13+50-22+00 3/26/2018 C-25.05 CROSS-SECTIONS SHEET INDEX OVERALL 2/12/2018 C-25.06 SECTIONS Al -D2 2/12/2018 C-25.07 SECTIONS E-LI 2/12/2018 C25.08 SECTIONS L2-L3 12/22/2017 C-26.00 PAVING AND DRAINAGE DETAILS 12/22/2017 C-26.01 CONTROL STRUCTURE DETAILS 3/26/2018 C-26.02 UTILITY DETAILS 12/22/2017 C-26.03 UTILITY DETAILS#3 2/12/2018 C-26.04 SANITARY LIFT STATION DETAILS 3/26/2018 C-27.00 REQUIRED YARD PLAN#1 3/26/2018 C-27.01 REQUIRED YARD PLAN#2 12/22/2017 C-28.00 NPDES POLLUTION PREVENTION PLAN 3/26/2018 C-28.01 NPDES POLLUTION PREVENTION DETAILS 3/26/2018 CLEARING EXHIBIT Sheet 1 EXISTING CONDITIONS,CLEARING AND REMOVALS PLAN 12/22/2017 Sheet 2 EXISTING CONDITIONS,CLEARING AND REMOVALS PLAN 12/22/2017 Sheet 3 EXISTING CONDITIONS,CLEARING AND REMOVALS PLAN 12/22/2017 Sheet 4 EXISTING CONDITIONS,CLEARING AND REMOVALS PLAN 12/22/2017 TEMPORARY ROAD EXHIBIT C-1.00 TEMPORARY ROAD EXHIBIT 12/22/2017 DAVIDSON ENGINEERING MEMO PHASE ZERO BID MEMO-SPECIFICATIONS 9/17/2018 Collier County Section Eight - Site Utilization Plan t$s (4 J, ~Y mW m }Fa .A- .0 0 LF-4� 11.;WgS . 11 1z �Ogp1O z5 F �— W. zdo c. z= }Ui zm W N5 11 E Y I 7 W ) it? 1 1 7 j I , � U N g I E 2i Ag _ 1 $ ti o m W O N a �t Z L t yr— 1 N - ¢Oz- W WWI {r{ C r j- P •t 4 1� hjj 1 i F , t di i11 I 1/ 1 3 A _ ,,r $ P ,.. e ' ., � i} air s I O ,,i. — , , ,, k ,' Y" :n' r It Z.J - i'` rst �� 3H ^ x Z� o ti3 Q4y e +� 1 r 6-71 18R E �i g? g£: Y • // v€ .0 , gF,ac .p� Ce ,., S2",:+'sacs-*, rt —I U W< az : r-.., \ a , irr ,ti k No.... xpve (J.. •..1 C \ 62 ' m . 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EXHIBIT F PAYMENT AND PERFORMANCE BOND (see,Payment Bond form Exhibit F.1 and Performance Bond form F.2, attached) EXHIBIT F PUBLIC PAYMENT BOND Bond NO. 8246-49-91 Contract No. KNOW ALL MEN BY THESE PRESENTS: That Manhattan Construction (Florida), Inc., 3705-1 Westview Drive, Naples, FL 34104 , as Principal, and Federal Insurance Company , as Surety, located at 202B Halls Mill Road,Whitehouse Station, NJ 08889 (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Obligee in the sum of Three Million One Hundred Ninety Nine Thousand Nine Hundred Eighty Four and 81/100 ($ 3,199,984.81 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 25th day of September 2018, with Obligee for Construction Manager at Risk Services for Collier County Sports Complex Project in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 1st day of October 2018, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL Manhattan Construction (Florida), Inc. BY: . Witnesses as to Principal • Than : President STATE OF 1pia.i'3R COUNTY OF a II, The foregoing instrume t was acknowledged before me thisftp_day of Oath 20 1/, by 'mot/..) , as -VZ575)y�� of u s! J ' corporation, on behalf of the corporation. He/she is personally known to mP OR has produced as identification and did (did not) take an oath. My Commission Expires: l lale �0 v ...; (S.•nature of Notary) NAME:Aliek6rrym Laurie Elizabeth M Lounds (Legibly Printed) 4 , MpCireosm1m1i/22G042641 (AFFIX OFFICIAL SEAL) Notary Public, State of cibr-+,J12,_ Commission No.: a 0 qQL ci ATTEST: SURETY: Federal Insurance Company (Printed Name) 202B Halls Mill Road Whitehouse Station, NJ 08889 (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) OR '...•a41.4172) As Attorney in Fact // (Attach Power of Attorney) ,I ; James B. Geisinger,Attorney-In-Fact Witnesses (Printed Name) Rooney Insurance Agency, Inc. 4700 S. Garnett, Suite 200 Tulsa, OK 74146 (Business Address) (918)582-0565 (Telephone Number) STATE OF OKLAHOMA COUNTY OF TULSA The foregoing instrument was acknowledged before me this 1ST day of October,2018 , $e C by James B. Geisinger as Attorney-In-Fact of Federal Insurance Company Surety, on behalf of Surety. He/She is personally known to me OR has produced Personally Known as identification and who did (did not) take an oath. My Commission Expires: 7 3 _02,2„ (Signature) Name: LIi? a/A Ta- ' S (Legibly Printed) / (AFFIX OFFICIAL SEAL) Notary Public, State of: Oda)/� Commission No.: / 6' 7d Z5 LINDA DAVIS Notary Public-State of Oklahoma • Commission No 18007015 • Common Expres 7/13!1021 EXHIBIT F PUBLIC PERFORMANCE BOND Bond No.8246-49-91 No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That Manhattan Construction (Florida), Inc. 3705-1 Westview Drive,Naples, FL 34104 , as Principal, and Federal Insurance Company, as Surety, located at 202B Halls Mill Road,Whitehouse Station, NJ 08889 (Business Address) are held and firmly bound to Collier County Board of County Commissioners , as Obligee in the sum of Three Million One Hundred Ninety Nine Thousand Nine Hundred Eighty Four and 81/100 ($3,199,984.81 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 25th day of September , 2018, with Obligee for Construction Manager at Risk Services for Collier County Sports Complex Project in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, that Principal would be obligated to Obligee under the Contract, including, but not limited to, Liquidated Damages incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 1st day of October , 2018, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL Manhattan Construction (Florida), Inc. BY: 0_,\\\ Witnesses as to Principal NAME: ohn Reyhan ITS: President STATE OF f%/OR ipyq COUNTY OF tnp t( I FZ The foregoing instrument was acknowledged bago me this day of 0 2 , 2018, by -To 44)-1...e\( 601./0 r , as -ours,osJ n,b} r of 1n'1 atvcr Co Mr-Gbac) (r L\ i t , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced r-- as identification and did (did not) take an oath. My Commission Expires: e_ n: 1A LAkait • (Signa ure) P`4 Notary Public State of Florida Elizabeth M Lounds % '� My Commission GG 042641 Name: / -��A / Orn Expires 11/26/2020 vi -4 �i Lot/m, (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: n,03--i>4- Commission ,p3-1>4Commission No.: GG OLt a to y ATTEST: SURETY: Federal Insurance Company (Printed Name) 2025 Halls Mill Road Whitehouse Station, NJ 08889 (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR -=,/,e1..,eef2 Attorney in Fact 04:4176 &‘(___euvrer2A___ Attach Power of Attorney) James B. Geisinger,Attorney-In-Fact Witnesses (Printed Name) Rooney Insurance Agency, Inc. 4700 S. Garnett, Suite 200 Tulsa, OK 74146 (Business Address) (918)582-0565 (Telephone Number) STATE OF OKLAHOMA COUNTY OF TULSA The foregoing instrument was acknowledged before me this 1st day of October, 2018 , 20136, by James B. Geisinger , as Attorney-In-Fact of Federal Insurance Company , a Corporate Surety, on behalf of Surety. He/She is personally known to me OR has produced Personally Known as identification and who did (did not) take an oath. My Commission Expires: 7 /3_ � �� (Signature) Name: L d (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: OX/0.h61416(. Commission No.: I ‘S) 0075 LINDA DAVIS Notry aubbc„State of(mono Comm 7/1 Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation.VIGILANT INSURANCE COMPANY,a New York corporation,and PACIFIC INDEMNITY COIVIPANY,a Wisconsin corporation,do each hereby constitute and appoint Georgia A.Craig,James BGeisinger,Kevin L.Hanover,Christy Thompson and Linda Wright of Tulsa,Oklahoma ——— — — — — -- —— — — ---------------------- --- —as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or akeringthe same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this la day of August,2018. C t!kt4t—s...„/ Dawn M.Chionis,Assistant Secretary Stephen M.Haney,Vice Prohident 4116) 0.41 (4) *IP,* STATE OF NEW JERSEY County ofHunterdon ss. On this 14 day of August,2018,before me,a Notary Public of New Jersey,personally came Dawn M.Chloro,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY.VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M. Chloros,being by me duly sworn,did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that she is acquainted with Stephen M. Haney,and knows him to be Vice President of said Companies;and that the signature of Stephen M.Haney,subscribed to said Power of Attorney is in the genuine handwriting of Stephen M.Haney,and was thereto subscribed by authority of said Companies and in deponent's presence. Notarial Seal �; %\ KATHERINE J.M7ethqR TAR i\ NOTARY PUBLIC OF NEW JEi av 1 •.•r No.rxi1tHeS I // PGRLIt eAmwss30n Et7P t, t 19,.2019 if Nota Public lesr Notary CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016: `RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and:other written commitments of the Company entered into in the ordinary course of business(each a'Written Commitment"), (I) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney- in-fact of the Company with fullpower and authority to execute,fon and on behalf of the Company,under the seal of the.Company or otherwise,such Written Comrminttents of the Company as may be specified in such written appointment which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Conuniu entss. (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other Wuxi'of the Company the authority to execute,for and on behalf of the Company.under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegttio n pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED,that the foregoing Resolution shalt not he deemed to be an exclusive statement of the powers and authority of ofllcers,employees and other persons toact for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested:" I,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the"Companies")do hereby certify that (I) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and In full force and effect, (ii) the foregoing Power of Attorney Is true,correct and in full force and effect Given under my hand and seals of said Companies at Whitehouse Station,lei,this 1st day of October,2018 Down M.Chkiue,A,ssistant Secretary EN THE EVENT YOU WISH To VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT: Telephone(908)903.3493 Fax(908)903-3655 a-mail:suretyzeichubb mm FED-VIG-Pi(rev.08-18) EXHIBIT G CONSTRUCTION MANAGER'S STANDARD RATES Title Hourly Rates Principal/Principal-in-Charge $ 225 Project Director/Preconstruction Manager $ 155 Project Liaison $ 155 Chief Estimator $ 160 Senior Estimator $ 100 Estimator $ 70 Senior Project Manager $ 130 Project Manager $ 110 Assistant Project Manager $ 75 Sr Project Engineer $ 65 Project Scheduler $ 115 Senior Superintendent $ 135 Site Superintendent $ 110 Senior Safety Manager $ 65 Field Office Manager $ 57 EXHIBIT H RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and 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 , 2018 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied pursuant to the terms of their agreements. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits,actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2018, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) NAME: (AFFIX OFFICIAL SEAL) (Legibly Printed) EXHIBIT I FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER)or Collier County Water-Sewer District(the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Proj ect Name) Original Contract Time: Original Contract Price: Revised Contract Time: Total Change Orders to Date Revised Contract Amount Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date Retainage @ _%after [insert date] $ = Less Retainage $ Less previous payment(s) Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1)all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2)title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances(except such as covered by Bond acceptable to OWNER); (3)all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and(4)CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name&Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature)DATE: (Type Name&Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) • Project Num ber: Date: Period To: RK COMPLETED STORED TOTAL PERCENT BALANCE 10% % TOTAL MATERIALS COMPLETED COMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE 'PLICATIONS THIS & STORED (reduced rate) WITHHELD SINCE DATE PERIOD TO DATE to is where you will place all information until the contract is complete unless a release or reduction of retainage issue c etainage is placed in the Thru Date column. Information after that date is placed in the Since dile-6610'n n. This states TR-CA-D-2 EXHIBIT J Consent of Surety (Attached as J.1 and J.2) Bond No. CONSENT OF SURETY TO REDUCTION IN OWNER ❑ OR PARTIAL RELEASE OF RETAINAGE ARCHITECT ❑ CONTRACTOR AIA DOCUMENT G707A -ELECTRONIC FORMAT SURETY OTHER THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCI IMFNT D401 TO OWNER: ARCHITECT'S PROJECT NO.: (Name and address) CONTRACT FOR: PROJECT: NCONTRACT DATED: Name and address) In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (Insert name and address of Surety) ,SURETY, on bond of (Insert name and address of Contractor) ,CONTRACTOR, hereby approves the reduction in or partial release of retainage to the Contractor as follows: The Surety agrees that such reduction in or partial release of retainage to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) , OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date: (Insert in writing the month followed by the numeric date and year.) (Surety) Attest: (Signature of authorized representative) (Seal); (Printed name and title) © 1994 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT 0707A - CONSENT OF SURETY TO REDUCTION IN OR PARTIAL RELEASE OF RETAINAGE - 1994 EDITION - AIA® - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: g707amst.aia--1/7/2003.AIA License Number 1113723,which expires on 10/31/2003. Electronic Format G707A-1994 1 CONSENT OF SURETY OWNER ❑ TO FINAL PAYMENT ARCHITECT ❑ CONTRACTOR ALA DOCUMENT G707-ELECTRONIC FORMAT ❑ SURETY ❑ OTHER ❑ THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICA TIONAUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D401. TO OWNER: ARCHITECT'S PROJECT NO.: (Name and address) PROJECT: CONTRACT FOR: (Name and address) CONTRACT DATED: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (Insert name and address of Surety) ,SURETY, on bond of (Insert name and address of Contractor) , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) , OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: (Insert in writing the month followed by the numeric date and year.) (Surety) Attest: (Signature of authorized representative) (Seal): (Printed name and title) © 1994 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEIN/YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT 0707- CONSENT OF SURETY TO FINAL PAYMENT - 1994 EDITION - AIA® - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document:g707mast.aia — U7/2003.AlA License Number 1113723,which expires on 10/31/2003. Electronic Format 0707-1994 • 1 EXHIBIT K CHANGE ORDER TO: FROM: Collier County Government Project Name: Construction Agreement Dated: Bid No. : Change Order No.: Date: Change Order Description Original Agreement Amount $ Sum of previous Change Orders Amount $ This Change Order Amount $ Revised Agreement Amount $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs; except as follows (if applicable): Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Date: Director (For use by Owner: Fund Cost Center: Object Code: Project Number: EXHIBIT L: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 20 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this.form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name&Title) By Design Professional: (Firm Name) (Signature) (Typed Name&Title) By Owner: (Department Name) (Signature) (Name&Title) ---'-""lrs MANHCON-08 CTHOMPSON i4 CC;R�� CERTIFICATE OF LIABILITY INSURANCE � �Mf DATE mi 10/01/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS 1 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POJ ICIFS 1 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Christy Thompson Rooney Insurance Agency,Inc. PHONE 4700 South Garnett Road,Suite 200 WC,No,Ext):(918)878-3366 1 jac,NoJ:(918)878-3388 Tulsa,OK 74146 E-MAIL christy.thompson@rooneyinsurance.com INSURER/Si AFFORDING COVERAGE NAIL# - INSURERA:The Travelers Indemnity Co. 25658 INSURED INSURER a:.Travelers Property Casualty Company of America 25674 Manhattan Construction(Florida),Inc. INSURER c:Illinois Union Insurance Co 27960 3705-1 Westview Drive INSURER D: Naples,FL 34104 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER IPOLICY NUMBER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE _INS�WVQ (MhvDD/YYY1'1__IMM1DApyYYL LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ $ 1,000,000 CLAIMS-MADE X OCCUR X VTC2K-CO-1098A840 10/01/2018 10/01/2019 pREM13ES(Ea oceur enGa) $ 1,000,000 X Contractual,XCU Lia MED EXP(Any one person) $ 5,000 PERSONAL.&ADV INJURY $ 1,000,000 GE 'L AGGREGATE JELIMITgp�APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY X CT LOC PRODUCTS-COMP/OP AGG $ 3,000,000 OTHER: B $ AUTOMOBILE LIABILITY Ea accident)D SINGLE LIMIT $ 1,000,000 X ANY AUTO VTC2J-CAP-1098A852 10/01/2018 10/01/2019 BODILY INJURY(Per person) 5 AUTOS EDONLY SCHEDULED X HI ONLY X NOTN- ONLY BODILY INJURY(Per accident) $ PRERTY DAMAGE (PeOPr accident) $ $ B X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAR CLAIMS-MADE VTSMJ-CUP-1098A968 10/01/2018 10/01/2019 AGGREGATE $ 5,000,000 DED RETENTION$ $ B WORKERS COMPENSATION X I STATUTE I I ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN VTC2J-UB-1098A803 10/01/2018 10/01/2019 E.L.EACH ACCIDENT $ 1,000,000 I FFICER/MEMBER EXCLUDED? Y NIA 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Pollution/Prof LIab GOO G27375339002 10/01/2017 10/01/2019 Each Occ/Agg 25,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Contract#17.7198,Construction Manager at Risk Services For Collier County Sports Complex Project,Naples,FL 34117 Additional Insured and Waiver of Subrogation Endorsements are included in favor of Collier County Board of County Commissioners on a primary and non-contributory basis(for both on-going operations and products completed operations)as required by executed contract. Should any of the above described polices be cancelled before the expiration date thereof,a Thirty(30)Day written notice will be mailed to the Certificate Holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WIT'THE POLICY PROVI ONS. Board of County Commissioners Naples,FL 34112 AUTHORIZED- P---ENT• •,iiiiirdi,-� , / ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 11 U kE-1 SI Q W 6 litiiizitts, .z eh. T/1 � U W iin4 cu O7. o 0 n . c o ?.? ® o ' N jKli7 b T C O .. •- u T^ t, v R W C d 0 EtA C, . Q . m - t co G •N W -, ggg. ®y w O 4 roti o c m . W � � # mH ^ ... y ;klifn1 .ca 14. Egao 3 2 4. • a3ON® w g1c m =h g. • W : /4` m m 8 �. . N #a 43 m T E .... c v a •U) .m a e LL E m m N ° u ON H _ i cU 4 - u1 nWS0 CocCQ N= Q = O t') 4 U 0 co " II a V t Q ". 5 b T CO ee 0 Z ir C Y No 1e 15 ' dam 1 VI '•• w •Wm . _G m V N Cr) I ai °01 8 z N c LL .Y C Kf �uWq mC dq O �. d f7 L a SL EvE 0 c N z O pCM Z • d