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Agenda 05/10/2016 Item #16A 5
5/10/2016 16.A.5. EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water utility facilities for Youth Haven, PL20140002336, accept unconditional conveyance of a portion of the water facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount. of $7,044.81 to the Project Engineer or the Developer's designated agent. OBJECTIVE: To have the Board of County Commissioners, as Ex -Officio Governing Board of the Collier County Water -Sewer District, approve final acceptance of the water facilities, accept unconditional conveyance of a portion of the water facilities, and to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $7,044.81, in accordance with the Collier County Utility Standards and Procedures, Ordinance No. 2004-31. .CONSIDERATIONS: 1) The Developer of Youth Haven, has constructed the water facilities within dedicated easements to serve this private development (see attached Location Map). A portion of the water facilities will be conveyed to the County, as described in Official Records (O.R.) Book 5226, Page (PG) 252. The remaining water facilities will be private. 2) Preliminary acceptance of these utility facilities was approved by the Engineering and Natural Resources Division staff on December 2, 2014. At that time, the value of these water utility facilities (assets) was $4,121.45. (See attached Asset Sheets). 3) Staff recorded all preliminary acceptance documents associated with the water facilities conveyed to the County in the public records of Collier County, which were reviewed and approved by the County Attorney's office as to form and legality. The County acquired its interest in a portion of the water facilities by Utilities Facilities Warranty Deed and Bill of Sale recorded in Official Records Book 5226, at page 252 of the Public Records of Collier County, Florida. 4) The water utility facilities have been operated and maintained during the required one (1) year warranty period, following preliminary acceptance. 5) A final inspection to discover defects in materials and workmanship has been conducted by the Engineering and Right-of-way Inspections staff on March 3, 2016 in coordination with Public Utilities, and these facilities have been found to be satisfactory and acceptable. 6) The on-site water utilities, less the water utilities described in O.R. Book 5226, PG 252, are owned and maintained by the developer. 7) Staff recommends final acceptance of the subject utility facilities and to release the Utility Performance Security (UPS) and Final Obligation Bond in the total amount $7,044.81. (See attached Exhibit A) Packet Page -342- 5/10/2016 16.A.5. 8) This final acceptance is in accordance with Collier County, Ordinance No. 2004-31, as amended. 9) Staff is unaware of any issues that would serve to negate the recommendation to release the applicable security. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water - Sewer District receiving unconditional title to a portion of the water utility facilities, which at the time of preliminary acceptance, had a total gross value of $4,121.45 (no depreciation applied). GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. LEGAL CONSIDERATIONS: This item has-been approved as to form and legality, and requires a majority vote for Board approval -SAS RECOMMENDATION: To approve final acceptance of the water facilities for Youth Haven, PL20140002336, accept unconditional conveyance of a portion of the water facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $7,044.81 to the Project Engineer or the Developer's designated agent. Prepared by: Melissa Alvarez, Operations Coordinator, Engineering and Natural Resources Division, Growth Management Department Attachments: 1) Location Map 2) Asset Sheet 3) Exhibit A Packet Page -343- /1 "-'**N 5/10/2016 16.A.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.5. Item Summary: Recommendation to approve final acceptance of the water utility facilities for Youth Haven, PL20140002336, accept unconditional conveyance of a portion of the water facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $7,044.81 to the Project Engineer or the Developer's designated agent. Meeting Date: 5/10/2016 Prepared By Name: AlvarezMelissa Title: Operations Coordinator, Natural Resources 3/21/2016 12:37:38 PM Submitted by Title: Operations Coordinator, Natural Resources Name: AlvarezMelissa 3/21/2016 12:37:39 PM Approved By Name: Steve Messner Title: Division Director - Water, Water Date: 3/21/2016 2:41:51 PM Name: Pam Libby Title: Manager - Distribution, Water Date: 3/21/2016 4:05:01 PM Name: KovenskyKenneth Title: Division Director - Operations Support, Operations & Regulatory Management Date: 3/21/2016 5:55:22 PM .-. Name: McLeanMatthew Title: Project Manager, Principal, Development Review Packet Page -344- Date: 3/30/2016 9:05:38 AM 5/10/2016 16.A.5. Name: McKennaJack Title: Manager - Engineering Review Services, Natural Resources Date: 4/4/2016 10:32:06 AM Name: PuigJudy Title: Operations Analyst, Operations & Regulatory Management Date: 4/6/2016 12:25:13 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 4/7/2016 2:52:22 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 4/19/2016 2:45:19 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/19/2016 4:35:14 PM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 4/22/2016 2:30:17 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/29/2016 3:35:14 PM Packet Page -345- Lo BEACH R31 3 NORTH NAPLES DRSIL BEACH F a i F 9 P14E RIME GOLDEN, ATE GAITIE PKWY 10 I—A - ID , awl , Am cn O N O m 0) I CERTIF? `ION OF CONTRIBUTORY COSTS (W 'j PROJECT NAME: Youth Haven LOCATION: Section 17 Township 50 South Range 26 East Collier County, Florida NAME & ADDRESS OF OWNER: Youth Haven, Inc. 5867 Whitaker Road Naples, FL 34112 TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONLY) Tapping Sleeve & Valve Tapping Sleeve & Valve Gate Valve Gate Valve 6" x 611 6" x 4" 611 4" I do hereby certify that the quantities of material of the as -installed system. CERTIFYING: 5/10/2016 16.A.5. I EA $1,607.61 $1,607.61 1 EA $1,375.16 $1,375.16 1 EA $663.77 $663.77 1 EA $474.91 $474.91 TOTAL COST $4,121.45 above re true and an accuse representation NAME & TITLE OF ENGINEER CERTIFYINe OF: Davidson Engineering 4365 Radio Road, Suite 201 Naples, FL 34104 1 do hereby certify that the quantities of material described above are true and an accurate representation of the as -installed cost of the system. CERTIFYING"'�,,�Z_ - Kevin OF: nt JENSEN UNDERGROUND UTILITIES, INC. 5585 Taylor Road Naples, Florida 34109 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER The foregoing Instrument was signed and acknowledged before me this 27 day of August, 2014 by Kevin Jesnen , who is Personally known to me and who did not take an oath. DONNA L. VE��' Donna L. 94 -P-ubl-Fc Ventre Notary Notary P011C - State of Florida \\JENSONOI\Company\Excel DockD0NNA-11Tim1V0FCkYouth Haven -Material MY CC�Hln E�P;!Os 1. 2015 # HE 97879 I Packet Page -347- 5/10/2016 16.A.5. Exhibit A Utilities Performance Security (UPS) and Final Obligation Bond The 10% UPS Bond, if applicable, is based on the total amount of the water and/or sewer utilities being installed for the whole project which includes material and labor. The contributory assets reflect the cost of materials, not labor and are based on the assets of which the county will be owning and maintaining. Final Obligation Bond, if applicable, in accordance with Utility Ordinance 2004-31 Attachments: 1. Verification of Final Cost .-. 2. Receipt of Payment 3. Copy of Bond No. 2-87-44-19 Packet Page -348- Amount Receipt Number 10% UPS Bond $3,044.81 Bond No. 2-87-44-19 Final Obligation Bond $4,000.00 2014211225 Total Amount $7,044.81 The 10% UPS Bond, if applicable, is based on the total amount of the water and/or sewer utilities being installed for the whole project which includes material and labor. The contributory assets reflect the cost of materials, not labor and are based on the assets of which the county will be owning and maintaining. Final Obligation Bond, if applicable, in accordance with Utility Ordinance 2004-31 Attachments: 1. Verification of Final Cost .-. 2. Receipt of Payment 3. Copy of Bond No. 2-87-44-19 Packet Page -348- 5/10/2016 16.A.5. VICATION OF FINAL COST PROJECT NAME: Youth Haven LOCATION: Section 17 Township 50 South Range 26 East Collier County, Florida NAME & ADDRESS OF OWNER: Youth Haven, Inc. 5867 Whitaker Road Naples, FL 34112 TYPE OF UTILITY SYSTEM: POTABLE WATER Item, .,m„ „ Size`.. < d. Bran = UnrtsS `.Cost.x �:Tofal 6" DR 14 C-900 6" 7 LF $21.03 $147.21 4" DR 14 C-900 4" 4 LF $13.42 $53.68 Fire Backflow Preventer 4" 2 EA $5,992,66 $11,985.32 Fire Department Connection 2 EA $1,251.10 $2,502.20 Post Indicator Valve 4" 1 EA $1,765.71 $1,765.71 Tapping Sleeve & Valve 6" x 6" 1 EA $4,662.61 $4,662.61 Tapping Sleeve & Valve 6" x 4" 1 EA $4,430.16 $4,430.16 Gate Valve 6" 1 EA $888.77 $888.77 Gate Valve 4" 1 EA $805.90 $805.90 Fire Hydrant Assembly 1 EA $3,206.57 $3,206A57 TOTAL. -COST $30,448.13 I do hereby certify that the quantities of material andruice�� above are^e and an accurate representation of the as -installed system. CERTIFYING: - Name and Title of Engineer Certifying f p ' ~ U IO:r r` � OF Davidson Engineering 4365 Radio Road, Suite 201 Naples, FL 34104 I do hereby certify that the quantities of material and services described above are true and an accurate representation of the as -installed cost of the system. CERT'IFYIN ;;� Kevin Jen n, Pre nt OF: STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) JENSEN UNDERGROUND UTILITIES, INC. 5585 Taylor Road Naples, Florida 34109 The foregoing instrument was signed and acknowledged before me this 27 day of August, 2014 by Kevin Jensen . who is personally known to me and who did not take an oath. Packet Page -349- SEAL: �.� Y ti �'DONNA L. b'EN7RE Notary Pubiic - State of Fforida stl, s :o` Aly Comm. Expires Jurr 1, 2015 '$xs Commission# EE 97679 ""' Collier County Growth Management Division _. 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Fee Description Refundable Bonds Cashier Name: Batch Number: Entered By: RECEIPT OF PAYMENT 2014211225 2014-058343 11/10/2014 $4,000.00 Pavment Method Check $4,000.00 $0.00 YOUTH HAVEN INC 5867 WHITAKER RD NAPLES,FL 341122963 Reference Number PL20140002336 mel issaalvarez 4096 hughes_i 5/10/2016 16.A.5. Amount Paid Check Number $4,000.00 41569 Original Amoun GL Account Fee Paid $4,000.00 $4,000.00 670-000000-220113 Packet Page -350- 5/10/2016 16.A.5. Bond No.: 2- -4 9 UTILITIES PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Youth Haven, Inc. 5867 Whitaker Road Naples, FL 34112 (hereinafter referred to as "Owner", and Great American Insurance Company 301 E. 4'h Street Cincinnati, OH 45202 (hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida, (hereinafter called "County"), in the total aggregate penal sum of Three Thousand Forty Four Dollars and Eighty One Cents. ($3,044.81) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. The condition of this obligation is such that whereas, the owner entered into a certain Utilities system construction contract dated March 19, 2014, a copy of which is hereto attached and made a part hereof; WHEREAS the County has a material interest in the performance of said Contract; and WHEREAS the County has adopted Ordinances and Resolutions (hereinafter "Land Development Regulations") concerning the Owner's obligations to the County regarding the construction, conveyance and warranty of potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof constructed within the unincorporated area of Collier County; NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties to the County under said Land Development Regulations and all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the guaranty period established by the County, and thereafter, and if the Owner shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the County from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. M Packet Page -351- 5/10/2016 16.A.5. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder, or the specifications accompanying same shall in any way affect its obligation on this Bond, and does hereby waive notice of any such change, extension of time, alteration or addition to the terns of the contract or to the work or to the specifications. PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than twenty percent (20%), so as to bind the Owner and the Surety to the full and faithful performance of the contract as so amended. The term "Amendment", wherever used in this bond, and whether referring to this bond, the Contract or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed this 28t4 day of October, 2014. Witness 1: Print Name Joyce Zirkle Witness 2: Print Name Elsa Velazquez State of1 C1 f`_& ce— By: Youth Ha d Inc. s, tent ��ntFr ee Count) - of („'nllrer• �'arn�s .TesS�e The foregoing document was acknowledged before me by lessee-jM1=, president of Yout Haven, Inc., a Florida corporation, on behalf of the corporation, who is personally known OR who produced identification Type of identification produced: ITNESS my h nd a dofficial seal this day of .1 20 Notary Public (Affix notary seal or stamp) My Commimon--.xpires: Notary's Typed or Printed Name [f not in Notary stamp] _ f+•` "'� LAURA J L.AFAK15 `= MY COMMISSION #FF103995 11"EXPIRES Deaembw 26, 2016 (+G7) 390-0153 FlGridallotary5ervfce.com 42 Packet Page -352- Wi ess 2: 1 Vince Deluca State of Florida County of Volusia 5/10/2016 16.A.5. By: Great an Insurance Company Stephen Phillip Farmer, Attorney-in-fact The foregoing document was acknowledged before me by Stephen Phillip Farmer, Attorney-in- fact for Great American Insurance Company, an Ohio corporation, on behalf of the corporation, who is personally kno,,m 8 OR who produced identification . Type of identification produced: •-. WITNESS my hand and official seal this 28th day of October 2(114. � Cx N Notary Public (Affix notary seal or stamp) My Commission Expires: April 34, 201$ •'�� REBECCA A.ROBINSON Notary Public, State of Rodds '' My Comm. Expires April 30, 2018 Notary's Typed or Printed Name [if not in Notary stamp] Commission No. FF 92051 Prepared by: Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 OI12005 43 Packet Page -353- GREAT AMERICAN INSURANCE COMPANY@ Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5010 5/10/2016 16.A.5. FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No. 0 20312 POWER OFATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMEF-lCAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney-in-fact. for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Namc Address Limit of Power STEPHEN PHILLIP FARMER ALL OF $75,000,000. RYAN P. ROTHROCK DAYTONA BEACH, FLORIDA M. DECKER YOUNGMAN III PAMELA J. THOMPSON This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREATAMERICAN INSURANCE COMPANYhas caused these presents to besigned and attested by its appropriate officers and its corporate seal hereunto affixed this 20TH day of JULY 1 2012 Attest GREAT AMERICAN INSURANCE COMPANY @ �-- 3.'. X44' Auisunt Secretory Ulttiilonnl Senior Vier Nrwxrden! STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. K[rCHiN (e77-377.2405) On this 20TH day of JULY 2012 before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by pike authority. KAREN L GROSHEIM ,• , , NOTARY PUBLIC, STATE OF OHIO ' MY COMMISSION EXPIRES 02-24-16 This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors ofGreatArmerican Insurance Company by unanimous written consent dated June 9, 2008. RESOL11FD., That the Divisional President, the several Divisional Senior ice Presidents, Divisional rice Presidents and Divisonal Assistant rice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company. as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof= to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLI'ED FURTHER: That the Company seal and the signature of any oithe aforesaid oficers and any v Secretary or Assistant Secretary of the Company mov be affixed by farsimife to any power of attorney or certificate oreither given for the execution o(any bond, undertaking, contract ofsuretyship, or other, written obligation in the nature thereof, such signature and seal when so used Gyring hereby adopted by the Company as the original signature• of such officer and the original seat of the Company, to be valid and binding upon the Company with the same force and effect as though manually axed CERTII±ICATION 1. STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power ofAttomey mid the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and scaled this srozanc tvi u 28th day of October 2014 Packet Page -354- dsststoxi Setratary I A 5/10/2016 16.A.5. __Standard Fom-"fAgreement-Between-Owner-arid C-onr-acfor-for-a-Res delrtr`al-or-Small-- _ Commercial Project j AGREEMENT made as of the }9th day of blareb in the year 2014 (Irl trords, Indicale dad, ruontlr andyear) BETWEEN the Otvner. (A'arue, f -gvk4M % -address and oyher- b ro)valdon) Youth HAven, lite. 5867 WhItalrev Rand Naples, FL 34112 and the Contractor. (Araure, tegntv�Frrs;-atdth ess acrd rztdrer• irfor�rratiorr) Sorely Construetion Cornonav CGC031578 28441 S. Tarninnil Trail, #109 on't urines, F1.34134 " for the following Project: (Aan ie, locnilov and detalled desci 1plion) Bro%inic's Cottnee Renovations Vorith Haven. Iua 5867-104 NVlutalter Road Naples': FL34112 The Architect: (A\'anre, degn fiafrrs address mrd olher it fol?)tailof) Victor Lntayish Architect 4100 Corporate Snnnre Nnoles, TL 34104 The Owlter and Contractor agree as Follows. 1. Renovations to Brownie's Cottnee 2. Add vire Line and Sorhilders to Jnv's Cottage 3. Add Fire Linc and Sorinlders to hitotto's Cottnee 'nits document has important legal consequences. Consultation with an attorney Is encouraged with respect to Its completion or modification. State or local law may Impose requirements on contracts for home improvements. If this document will be used for Work on the Owner's residence, the Owner should consult total authorities or an attorney to verify requirements applicable to this Agreement. Init. AIA Document A105m - 2007 gtormerl y A1051" -1993 and A205--1995}. Copyright 01993 and 2007 by The American Institute otArchitecis. Ali rights reserved, WARNING: This AIA Document is protected by U.S. Copyright Law and lotematlonal Treatira. Unauthorized roproducilon or distrItutian or this AIA° Document, oranyportinn of It, may resuit.in severe civil and crlmlnal penalties, and wilktto prosecuted to the ntaxImupra%lent puss tt to uric r the taw. This document was produced by AIA sofhvern at 17:21:47 on03114r2014 under Order No.5057267825 i which axpUes an 01f3U2015, and is not for resale. User Notes, (1949591418) Packet Page -355- 5/10/2016 16.A.5. I TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2_..._.__IIATEOF-CQMMENCEMFNnAND.S.U6BJ't+ML C..OMPLETIONDATF-___._ 3 CONTRACTSUM 4' PAYMENT 5 INSURANCE 6 GENERAL PROVISIONS 7 OWNER 8 CONTRACTOR 9 ARCHITECT 10 CHANGES IN THE WORK 11 TIME 12 PAYMENTS AND COMPLETION 13 PROTECTION OF PERSONS AND PROPERTY 14 CORRECTION OF WORK 15 MISCELLANEOUS PROVISIONS 16 TERMINATION OF THE CONTRACT 17 OTHER TERMS AND CONDITIONS ARTICLE 1 THE CONTRACT DOCUMENTS § 1.1 TIte Contractor shall complete the Work described in the Contract Documents for the Project, The Contract Documents consist of A this Agreement sighed by the Owner and Contractor; .2 the drawings and specifications prepared by the Architect, dated , and entiniernted as follows: See Exhibit "C" Drawings: Number Title Date Revised Date 9peeiTiett4iomir,, eciFcations; See ucitbit "C" Section Title Pages .3 addenda prepared by the Architect as follows: See );xltibit "C" Number Date Pages 1 •4 d AIA Document A051N - 2007 tformarlyA1051, —1693 and A205^I —1993). Copyright t71093 and 2007 by The American Institute otArchitatts. All rights Inst. recsrvsd, WARNING`7Ils AIA Document Is proto clod by U.S. Zpyrtght kart and International Treaties. Unaulhcrizod reproduttto;l or distribution of this A] A0 Document, or enyportion of n, may result Ins evero c1v11 and 4rimtnat psnahles, and wiltbe prosecuted to the maximttm extent posssble undo 2 r the law. This document was produced byAtA sothvare at 17:27:47 on 031t412014 under Order No.5657267825 1 which expires on 01131120 1 5, and Is not for resale. User Motes: (1949591418) Packet Page -356- q .5 other-deeuut , ' fellows. -.- ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 5/10/2016 16.A.5. T'hanlnnlrer-df-cairf!ldal=days-auaiktiyte-t�tc-Gof►txactar-ta-siid�sta#i#ittity-samlriatctl►¢-�orl:-is-#i►eOsaatl'ira�e- -_. _._ __ .._ . data of conniteltcatnenl of the Work shall ba the date of this Agreement unless otherwise indicated below. Tho Contractor shall substantially complete lite \York, no later than One Hwtdred Twenty, ( 120 calendar days from lite (late of commencement, subject to adjustment as provided in Article 10 and Article 11. j (trrserl the !date of conrtnerrcentent, If it diffem.front /lie date of this rlgreearent.) Date of Commencement shall be five (5)11•arklne flays after issuanec of all bruildiltenermits, it sieue8 Contract, and a recorded Notice of Contnteucentent. Substant!at Completion is defined as the earlier of lite buildine denartinent issuance of Certificate or Occunauev for the work, or in the event the Cerfiticate of Occunaney cannot be issued fine to activities or events which fall outside (he Contractors scone of services, tire date when Contractor has coninleted all Items required to be provider) under Contrnclors scone for- nurnoses of obtnining a Certifleate of Occunancv, ARTICLE 3 CONTRACT SUM § 3.1 Subject to additions and deductions in accordance ttith Article 10, the Contract Sum is: 4$ --.Three Hundred Ninetv Six Thousand Nine H undred Twenty Scven Dollars and 00/100 (S396.927.001 Change Orders are to be incornorated in the Contract as follows! Additions Costs relative to Change Order (including Generai Conditions whey additional days are added to Contract) Wi s 1% PDL and 10% Contractors Pec, 1.1% Bond Pee. Deductions: No PBL or Contra, ctots Tree will he given on deduct Change Orders. § 3.2 For purposes of payment, lite Contract Sunt includes lite following values related to portions of the \York: (Reinke lite Contract Swu autortg the major portions ofthe llrork.) Portion olWork Value C See Attached breakdown — Exhibit "A&B" § 3.3 Unit prices, if any, areas follows: (Iddettli) twi dstate fire will price; state the quantlt) dirnilatforfs, rf airy; to iddels the un kpr3ce will be applicable) item N/A Units and Limitations Price per Unit(S0r00) § 3.4 Allowances included in Dia Contract Stan, Wally, are as follows: (Idderlkif}' allowance cunt state eticluslons, ;fan)" fi•onr the allowance price.. item T'irc Alarm Pfice Brownle Cottage S 5,000.00 ;Tay's Cottage 52,500.00 Janette's Cottage S2,500,00 § 3.5 The Contract Sum is based upon the folloNving alternates; if any, which are described in the Contractlloctnnenis and hereby accepted bythe Otter: Init. AIA Document At 05t4— 2007 trormarty A1081" —1893 and A205'4 —1893). Copyri0ht 91993 and 2007 by TheAmerlcan tnsttiuta of Architects. All rights reserved. WARNING: This-AiA Daeument Is protected by U.S. Copyright Law and lntomnt!onal *tteaues.Unauthcrized reproduction or distribution of "irs AW D-Dcutrant, or any portion of It, may tesullfn $oval* civil and crimInatperiattles and will baptoseclletltothe 1raXidtumextent possibiounder resale. t the (a.v: This document was produced by AIA solhJere a! 17:27:47 onb3114t2014 under hider No.5857287F2s 1 trhfch expires on ot/31/2015, and is not for Us or Notos: (1948591418) Packet Page -357- 5/10/2016 16.A.5. I (State the nNmbe,a m other klentf%icatimi of wceptadall wates.11"the bidding or' pr'olwsol doctrrrrents poo T)ri! the Onrnter to trcce, # other al#emates submgtterrt to the ex�ecr,tiou of this Agmevren4 attaeh a schddn#e of strc#, ot#rer alter -nares s impivg the amounijor each and Ilia dote ►then that amount e.rpims) Jay's Cottage 1. Add ftii�c Lbze find Izitez For Tire Snz znkler SvsFem Jnuetfe's C©ftaee 1. Add Fire Line find Interior Trim SnrinItter System § 3.6 The Contract Stnu shall include all iters and services necessary for tire proper execution and completion of tine work. ARTICLE 4 PAYMENT § 4.1 Based on Contractor's Applications for Payment certified by the Architect, tire Okvner shall pay the Contractor, in accordance with Article 12, as rollows: (Inse,7 belotr thrling for praSwrerrts acrd prm isions frrr tritltltoldiiig relahiage, if my.) The period covered by encln Anplicatiou for Pavirient Shrill be one calendar month ending on the last tiny of Etta nfonth or as follows: From the 26'" tiny of month thritimh the 25" clay offollowine moutin ,5„�rn,ruaau„� for pfivnient. 10% retainnee held un to 50% coinolete: ni 50% complete retabinge is reduced to 5%. § 4.2 Payments due and unpaid tinder the Contract Documents shall hear interest front the date payment is due at tine rate below, or in the absence thereof, at (lie legal rate prevailing at the place of the Project. %—N/A ARTICLE 5INSURANCE § 5,1 The Contractor shall provide Contractor's general liability and other insurance as follows: (hrsert speck insttrnnca t eqn#��enrants a,nl limits.) Type of insurance Limit of liability { 0=40) 0.04 Auto Liability $1.000.000 Combined SingleLiinit General Liability $2,000.000 Akere ate Wer Protect) $2,000.000 Products Agere?anke $1,000,000 Any One 0ccurrence $1.000.000 Iniury $ 50.000 Fire Datna,e/l /Legal S 5,000 medical Payments Additional UnibrellitLiabilify S1.000.000 Occurrence/A Beate Worltmmi's Coninensatlan $ 500,000 Bodily Injury Each Accident t 500,000 Bodily Injury by Disease Each Etnplg'cce $ 500.000 Bodilyhrjnry by Disease Policy Limit § 5.2 Tho Owner shall provide property insurance to cover file value of the Owrier's property, including any Work provided under this Agreement. The Contractor is entitled to receive an increase in the Contract Sunt equal to the Insurance proceeds relatcd to a loss for damage to the Work covered by tine Owner's property insurance. Itl1t AIA Docurnent A1061u-2007 �formsrty A10b*” -1993 and A206W —19931. Copyright o 1999 and 2007 by The Amerfoan Institute of Architects. Alt tights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Lewand International Treaties. unauthorized reproduction or dlorlbution of � this AJA* Document, or any-pcnonof it, may result16$&KeroWit and criminal penalues,and lYltlbepromcutodtottieMAXIM mn'extent possible undor # the law. This document was produced by AIA sorhtare et 17:27:47 on 03/1472014 under Order No.5657257625 1 which expires on 0113112015, and is not for resale. User Notes: (1940591419) Packet Page -358- 5/10/2016 16.A.5. § 5.3 The Contractor shall obtain an endorsement to its general liability htsuraltce policy to cover the Contractor's obl igations under Section 8. 12. §_ 5-4-E- acli pat3y. shall.pmxid"er0rates_oLiwtirancesWwhlg_their respective coxerages-prior-tcL=iinencententof . . tire NVork. § 5,5 Unless specifically precluded by the Owner's property insurance policy, the O\\mer and Contractor waive ail rights against (1) each other and any of their subcontractors, suppliers, agents and employees, each of other, and (2) the Architect, Architect's consultants and any of their ngents and employees, rbr damages caused by fire or other f causes of loss to the extent covered by property insurance or other insurance applicable to the Work, � ARTICLE 6 GENERAL PROVISIONS § 6.1 THE CONTRACT The Contract represents the entire and integrated agreement between the parties and supersedes prior rtegotintions, representations or agreements, either %wittcn or oral. The Contract may be attended or modified only by a vo itten modification !it accordance \17th Article 10. § 6.2 THE WORK The term "Work" means the construction and services required by the Contract Documents, and includes all other Inbor, materials, equipment and services provided, or to be provided, by the Contractor to fii fill lite Contractor's obligations. § 6.3 INTENT 'file intent of the Contract Documents is to include all iters necessary for We proper execution and completion oftlte Work by llte Contractor. The Contract Documents are complementary, and t\dual is -required by one shall be as binding as if rcquircd by nil. § 6.4 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS Documents prepared by the Architect are instruments of the Architect's service for use solely \\nth respect to this Project. The Architect shall retain all common law, statutory and other reserved rights, including the copyright. The Contractor, subcontractors, sub -subcontractors, and material. or equipment suppliers are authorized to use and reproduce the instruments of service solely and exclusively for execution of tire Work. The instruments of service may not be used for otter Projects or for additions to this Project outside the scope of tine Work \vilhout lite specific witten consent of the Architect. ARTICLE 7 OWNER § 7.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 7.1.1 If requested by the Contractor, the Owner shall fitrnish all necessary surveys and a legal dewription of the site. § 7.1.2gteept�`er-�ert�its-acct-fess-tltaFttre-theresnonsibll+ty-oftha�oatrrrefer-under-tlte-C-ettiraet-Becutnet►ts;1thc k Owner shall obtain and, pay for other necessary approvals, easements, assessments and charges. § 7.2 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance\vidi the Contract Documents, the 0\vner may direct the Contractor in wiling to stop the Work until the correction is made. § 7.3 OWNER'S RiGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out (lie Work in accordance with the Contract Documents and fails %0hi n a seven, day period atter receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, Vie Owner may, without prejudice to other remedies, correct such deficiencies: ht such case, the Contract Sum shalt be adjusted to deduct the cost of correction from payments (tile the Contractor. § 7.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 7.4.1 The Owner reserves Ute right to perform construction or operations related to the project \vith tie Owner's own forces, and to award separate contracts in connection with other portions of tile project. tilt AiA Document A1063" — 200r Lfamarly A106r4 —1993 and A2061O —1893). Copyrtgltn ®1993 and 2007 by The Ameilcan Institute ofArchttecls. Ail rights reserved, WARNING: This AIA Document is protected by US. Copyriflhl Law and International Treaties, Unaut}iortzed rapraductron of distribution of this Ale 0ocumenl, or any porllon of It, may result In savare civil and ciimInat penalnts, and tiz((I he ptasocutod to lits ni nximurn axlsnt pos3}bie the lava. This document was produced by AIA sofhvore at 17;27:47 on 03/14/264 under under Order No.665?267825 1 which explr6s on 01131/2016, and is not for resale, User Notes; (1949591410) Packet Page -359- 5/10/2016 16.A.5. § 7.4.2 The Contractor shall coordinate and cooperate with tine Owner's own forces and separatecontractors cniploycd by the Owner. - - § 7.4:3 -Costs -caused -h} delays-or-by-u►tproperly-tiined-activities-or-defict vo�strt►ctiotreitati-be-borne byte -party responsible therefor. ARTICLE 8 CONTRACTOR § 8.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY GONTRACTOR § 8.1.1 Execution of the Contract by tilt Contractor is n representation that (lie Contractor has visited tine site, become familiar with local conditions under which the Work is to be perrorined and correlated personal observations with requireinents of the Contract Documents. § 8.1.2 The Contractor slial i carefully study and compare the Contract Documents with each other and with Information furnished by (lie Owner. Before oomnienoing nctivitics, the Contractor Mall (1) take field measurements and verify field conditions, 0) carefully compare this and other inforniation knonvn to die Contractor with the Contract Documents; and (3) promptly report errors, inconsistencies or oinissions discovered to the Architect. § 8.2 CONTRACTOR'S CONSTRUCTION SCHEDULE The Contractor, promptly afler-being 11— prepare raid stibmtt for the Oiviner's and Architect's itiformatioii a Contractor's construction schedule for (lie Work. §:8.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 8.3.1 'lite Contractor shall supervise and direct the \York, using the Contractor's best skill and attention. Tile Contractor shall be solely responsible for and have control over construction ineans, inethods, techniques, sequences and procedures, and for coordinating all portions of the Work. § 8.3.2 The Contractor, as Beit itspmeHeable a #ef fkwfktd of -tits Cent as isirall furnish in writing to die Omer through the Architect the manes of subcontractors or suppliers for each portion of the Work. Tito Contractor shall not contract with any subcontractor or supplier to whom the Owner of Architect have inade It timely and reasonable objection. § 8.4 LABOR AND MATERIALS § 8.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, inaterials, cgttipincat, tools, utilities, transportation, And other facilities and services necessary for proper execution and completion of the Work. § 8.4.2 The Contractor shall enforce strict discipline nod good order among the; Contractor's employees and other persons carrying out the Contract \Nark. 77te Contractor shall not permit employment of unfit persons or persons not skilicd iii tasks assigned to them. § 8.5 WARRANTY The Contractor warrants to the Omicr and Architect that; (1) materials and equipment funlisbcd udder tine Contract will be new and of good quality unless otherwise required or permitted by tine Contract Docurnents; (2) the Work will be free from defects not inherent in the quality required or permitted; and (3) the Work will confortit to the requireinents of tine Contract Documents. § 8.6 TAXES The Contractor shall pay sales, consumer, use and similar taxes that are legally required when (lieCottrac(is executed. § 8.7 PERMITS, FEES AND NOTICES § 8.7.1 The Contractor shall obtain ri4imy4ar-alis building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work-. Permit and Inspections fees to be bald by Own&' § 8.7.2 The Contractor shall comply with and give noticesrequired by agencies having jurisdiction over ilio Mork. if the Contractor perforins ilfork knowing it to be contrary to applicable law§, statutes, ordinances, codes, rules and regulations, or latvfid ordersofpublic autboritics, (lie Contractor shailassunnefall responsibility for such Workatnd Init. AJA Document A105w — 2007 Vormar1y A1057 -1993 and A205 --J993). CopydgTtt ®19 resarvad. WAat.1NG: Tats AtA Document is protected by U.S. dopyritibi Low ani! intoe Faits AIA" Document or any portion of it, may result in stvara civil and cnminai penalties, ice\ j wetaw.Thlsdocurn nttvasproducedbyAlAsofiwareat17,27,47on0311412014underOrder resale. User Notes; Packet Page -360- and 2607 by The Amerleart institute of Architects. ASI rights zna117raetlec Unkuthertzed reptoduciton ordithlbuilon of B d0llbe prosecuted to the maximum extant-possfbio tinder .5657267625 1 tirhich expires on 04131!2015, and is not for (1949591416) 5/10/2016 16.A.5. i shall (rear the attriuntable vests. 11te Contractor shall promptly notify the Architect in writing of any known inconsistencies in lite Contract Documents %hth such governmental laws, rules and regulations. § 8.8 SUBMITTALS Samples and similar submittals required by the Contract Documents. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. § 8.9 USE OF SITE The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, (lie Contract Documents and the Owner. § 6.10 CUTTING AND PATCHING The Contractor shall fie responsible for cutting, fitting or patching required to complete the Work or to snake its parts fit together property. § 8.11 CLEANING UP The Contractor shall keel) the premises arnd surroundingnrea free from accumulation of debris and trash related to the Work. At the completion of the Work, the Contractor shall rertiove its tools, construction equipment, machinery and surplus nnnterial; and shall properly dispose of waste state ws-.materials including staeit area. § 8.12 INDEMNIFICATION To the Wiest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including bid not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense isattributableto bodily injury, sickness, disease or death, or to injury to or destruction o€tangible property(other than the Work itselD, but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by theta or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indenutifed hereunder. ARTICLE 9 ARCHITECT § 9.1 The Architect wilt provide administration of (lie Contract as described in theContract Documents. Tile Architect will have authority to act on behalf of the Owner only to tine extent provided in tine Contract Documents. § 9.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work. § 9.3 The Architect (till not have control ocw or charge of, and will not be responsible for, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs ht connection with the Work, since these are solely the Cotltra0tor's responsibility. The Architect well not be responsible for tine Contractor's failure to carry out the Work in accordance with the Contract Documents. § 9.4 Based on the Architect's observations and evaluations of (lie Contractor's Applications for Payment, lite Architect will review and certify the amounts due the Contractor. § 9,5 The Architect has authority to reject Work (fill( does not conform to the Contract Documents. ' § 9.6 The Architect %rill promptly review and approve or take appropriate action upnn Contractor's submittals, but only for tine Iunited purpose of checking for confornnanco with information given and (he design concept expressed in Rte Contract Documents. § 9.7 The Architect will promptly interpret and decide matters concerning performance under, and requirements of, tine Contract Documents on written request from either the Owner or Contractor. § 9.8 Interpretations and decisions of tine Architect %vill be consistent with the intent of and reasonably inferable from tine Contract Documents and will be in writing or in the form of drawings. When mA:ing such interpretations and Int( AIA Document A105- — 2007 trormerly Ai05M —1893 and A205w -1993). Copyright O 1993 and 2007 by The American tasntute of AreMects, All rights raservod. VVARttnt0; Thts AIA Oasument Is proleated by U.S. CopyrJohl Law and InternatIonalnreanes. Unauthonte9 reproductlon or dlstribunon of thls AIA- Rocumeni, or any portion of ti, may result in severe clvnand erlminai peneuras, and Will be prosecglod to the maximum axiom ] osslble under ( the lavr, Thts dxument vras produced byAIA sofhrare a117:27:47 on 03/n4/2014 under Order 1,10.565726782sLI which expires on o1/3V2o15, and is not for resale. User Notes: (1949591418} Packet Page-361- 5/10/2016 16.A.5. decisions, fire Architect will endeavor to secure faithful performance by both Owner and Contractor, will not shorn partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 9.9 The Architect's duties, responsibilities and limits of authority as described in (he Contract Documents shall not withheld. ARTICLE 10 CHANGES IN THE WORK § 10.1 The Otvacr, without invalidating tie Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sunt and Contract Time being adjusted accordingly in wridng If the Owner and Contractor can not wee to a change in the Contract Sinn, (lie Owner shali pay lite Contractor its actual cost plus reasonable overhead and profit. § 10.2 The Architect will have authority to order minor changes in tike Work not involving changes in (lie Contract Sum or the Contract Time and not inconsistent with the intent of tine Contract Documents. Such orders shall be lit writing and shall be binding on the O%vacr and Contractor. The Contractor shall carry out such orders promptly. § 10.3 If concealed or mntUmvim physical conditions are encountered at the site that differ materially from those indicated in tine Contract Doc rents or from those conditions ordniarily found to exist, llp Contract Sum and Contract Tinne shall be subject to equitable ttdje6stmeti6ndjushtmentand agreed to in ivritingbet=cn ONvaer and contractor prior to any chat ees be trade. ARTICLE 11 TIME § 11.1 Time limits stated in lite Contract Docmnents are of the essence of the Contract. § 11.2 If time Contractor is delayed at any time in progress of the work by changes ordered in the Work, or by labor disputes, mire, unusual delay in deliveries, unavoidable casualties or other causes beyond lite Contractor's control, the Contract'rime shall be subject to equitable adjustment. ARTICLE 12 PAYMENTS AND COMPLETION § 12.1 CONTRACT SUM 'The Contract Sum stated in the Agreement, including authorized adjustments, is the total aiionnt payable by the Owner to the Contractor for performance of (lie Work under lite Contract Documents. § 12,2 APPLICATIONS FOR PAYMENT § 122.1 At least ten days before the date established for each progress payment, lite Contractor shall submit to the Avel4tee4-Architect, with copy to Owner, it itemized Application for Paymentfor Work completed in accordance with the values stated in the Agreement. Such Application shnll be supported by data substantiating the Contractor's right to payment as tete Obiter or Architect lnny reasonably require, Payments shall be made oil accotnit of materials and equipnncnt delivered Slid suitably stored at the site for subsequent incorporation in the Work. if approved in advaimce by tine Owner, payment may similarly be made for materials and equipment stored, and protected front damage, off the site at a location agreed upon in writing. § 122.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to tine Owner no later than the time of payment. The Contractor further warrants that upon submittal of all Application for Payment, all Work for which Certificates for Payment have been previously issued and payments received from tine Otvner shall, "e4)es1-oRhe-C-eatmete09 k-itenledge;anfer3natien- Hd-bellef-,--,,bc free and clear of liens, claims, security interests or other encumbrances adverse to the Ohvner's interests, conditioned on actnnity receiving payment as to the eurrent nnynient hell I-egtiestcrl § 12.3 CERTIFICATES FOR PAYMENT lite Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as time Architect determines is Itttt. AIA Document A10511 - 2007 {formerly AIDS" —1943 and A206rM —1993). Copyright Q 1993 and 2007 by The American institute orArchliects. All rights reserved. wARNI.NG: This AIA Docutt:ent is protected by, V.S. Copyrlohi Law and tntarnrtti:nai Trestles, tlriaathcrized repro tluctlon or dist tib Won at this AtAe Document, or eny portion of it, may tcsultlnsevere clirlland crimiral penaitisa, and willbe prosecuted to them eximuni extent possible under the favi. This document eras produced by AIA Whyere at 17:27:47 on 03(t4/2014 under Order No.50572e7625_1 WNch expires on 0113112015, and is not for resale. Us or Notes: (194959141¢) Packet Page -362- 5/10/2016 16.A.5. properly dere, or notify the Contractor and Owner in witing of the Architect's reasolis for withholding certification in whole or in part. § 12.4 PROGRESS PAYMENTS provided in the Contract Documents. § 1Z4,2 Tile Contractor shall promptly pay each subcontractor and supplier, Upon receipt of payment froth the Owmer, ant amount determined in accordance Nvith thotcrms of the applicable subcontracts and purchase orders. § 12.4,3 Neither the Owner nor the Architect shall have responsibilit , for payments to a subcontractor or supplier. § 12AA A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Otmer shall not constitute acceptance of Work not in accordance with the requirements of tine Contract Documents. § 12.5 SUBSTANTIAL COMPLETION § 12.5.1 Substantial Completion is tine stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance tit+ith the Contract Documents so the Otvner can occupy or utilize the Work for its intended usc. § 12.5.2 When the tlrork ordesignated portion theeofis substantially catiplete, the Ardtitect will make an inspection to deteriiiitielvlietl►er the ]York is snbstatitially complete.'\Vhcn ttieArchitect determines that thellrork is substantially complete the Architect shall prepare a Certificate of Substantial Completion that shat] establish the date of Substantial Conplei ion, shall establish the responsibilities of the Owner and Contractor, slid stint fix the thne ndthill which the Contractor shall finish all items oil Hie list accompanying the Certificate. Wariantics required by the Contract Documents shall con►nience on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 12.6 FINAL COMPLETION AND FINAL PAYMENT § 12,6.1 Upon receipt of a final Application for Pa}anent, the Architect find 0mierwill inspect the Work. When tie Architect and Owner finds (lie \York acceptable and the Contract fully performed, tine Architect and Owner will prtanptly issue a final Certificate for.Payinent. § 12.6.2 Final payment shall not become due until the Contractor submits to the Architect releases-at�vem-a€ 44ett5 and O1ti1he1 releases and tvaivcrs of hens from cottrnctor ane] all subcontractors and material supplier's that; filed n Notice to Owacri)and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests or cncntnbrat►ces arising out of the Contract. § 12.6.3 Acceptance of final payment by the Contractor, a subcontractor or material supplier sit all constitute a \vaiver of claims by {hat payee except those previously made ht writing and identified by that payee as tinsettled at the time of final Application for Payment. ARTICLE 13 PROTECTION OF PERSONS AND PROPERTY The Contractor shall be responsible for initiating, maintaining and supervising all safety prccautions and prograins, including nit those required by law in connection with performance of the Cotiract. The Contractor shall take reasonable precautions to proven( damage, injury or loss to employees on the Wark, the Work and materials slid equipment to be incorporated therein, and other property at the site or adjacent thereto, The Contractor shall promptly reutedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts (lie Contractor may be liable. ARTICLE 14 CORRECTION OF WORIG § 14.1 The Contractor shall promptly correct Work rejected by the Architect and Owner as failing to conforin to the requirements of the Contract Documents. The Contractor shalt bear tine cost of correcting such rejected Work, including the costs of uncovering, replacement and additional testing. 1nit. — - - "'w V -rushy Alun-- -1533 and A205- -19931 Copyright C 1993 and 200? byTho Arnertcan Institute of ArchAeGs, Ail rights reserved WARRNG: Thus AIA Document Is protected by U.S. copyright Law end International Treaties. Or, uthotized repradnction or disirlbutlon or this AIA Aacumeni, or any potfco» of It, mayresuttin severe civil and erintlnal penances, andwnl be prosiocated to the maximum extent possible anda'r 9 the law. This dorument was produced 6yAlA sochvare at 17;27:47 on 03!1412014 underOrder No.00572a7f125 resale, -1 which expires on Ot1311205, and Is not for User Notes: {t940591d181 Packet Page -363- 5/10/2016 16.A.5. § 14.2 lm addition to Om Contractor's other obligations including warranties tinder the Contract, the Contractor shall, for a period of oneyear after Substantial Completion, correct work not conforming to the requirements of the Contract Documents. accordance with Section 7-1. ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 ASSIGNMENT OF CONTRACT itleither part} to the Contract shall assign the Contract as a whole without written consent of the other. § 95.2 TESTS AND INSPECTIONS § 15.2.1 At the appropriate throes, the Contractor shall arrange and bear cost of tests, inspections and approvals of portions of (lie Work required by the Contract Documents or by laws, slalntes, ordinances, codes, riles and regitiations, orlttwful orders of public authorities. § 15.2.2 If the Architect requires additional testing; the Contractor shall perform those tests. § 15.23 The Omier shnll bear cost of tests, inspections or npprovals that do not become requirements until after the Contract is executed. § 15.3 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located. ARTICLE 16 TERMINATION OF THE CONTRACT § 16,1 TERMINATION BY THE CONTRACTOR IFthe Architect fails to certify payment vs provided in Section 12.3 for a period of 30 days through no fault of the - - Contractor, or if the Owner fails to make payment as provided in Section 12.4.1 for a period of30 days, the Contractor may, upon seven additional days' vii-ittetn notice to the Owier find Architect, terminate the Contract and recover from the Owner payment for Work executed ineiudingreason able overhead and profit, and costs incurred by reason of such termination. 16.2 TERMINATION BY THE OWNER FOR CAUSE 16.2.1 The Owner may terminate the Contrncl if the Contractor .1 repeatedly refiises or fails to supply enough property skilled workers or proper materials; .2 fails to make payment to subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the subcontractors; ,3 persistently disregards laws, ordinances, or rales, regulations or orders of a public authority having jurisdiction; or A is otherwise guilty of substantini breach of a provision of the Contract Documents. § 1622 When any ofthe above reasons exist, the 0wmer, after• consultation with the Architect, may without prejudice to any other rights or remedies of the Omicr rind niter giving the Contractor and tate Cott tractor's surety, if any, seven days' ivrinen Notice, terminate employment of file Contractor gild may .1 take possession of the site and of all materials thereon owned by the Contractor, and .2 finish the Work by whatever reasonable method the 0%vnermay deein expedient. § 16.2.3 When the Oemcr terminates the Contract for ane of tho reasons stated in Section 16.2, t, the Contractor shall not be entitled to receive further payment until the Work, is finished. § 16.2.4Ifthe unpaid balance of the Contract Sunt exceeds costs offnnishing the Work, such excess shall be paid to the Com tractor. Ifsuc}t costs exceed the unpaid balance, the Contractor shall pay the difference to the 0micr. This obligation for payment shall survive termination of the Contract. Intl. AIA Document AY06TAt -2007 iformeriy A196TM —1993 and A205111— 1093). Copyright Q 1093 and 2007 byThe Americart Institute or Architects. All rights reserved. WARNING: This ALA Document is protected by U.S. Copyright Law and intorragonal Treatres. Unauthorized roproduction Ord Istribution of 9 n this MAO Document, at any portian of It, may result to severe civil and criminal panaltits, and w1ltbe prosecuted to the MAXIMUM extant possibto ondor p the lazy, This document was produced by ALA sorware at 17:27:47 on 03/14/2014 tinder Order No,665726762b 1 which expires on 01131120is, and Is not for �� resale. User Notes: t19495914i01 Packet Page -364- 5/10/2016 16.A.5. § 16.3 TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may, al any time, terminate the Contract for the Owner's convenience and without cause. Tie Contractor shall be entitled to receive payment for Work, executed, fund costs incurred by reason of such termination, along Nvith reasonable overhead and profit on the Work not executed. ARTICLE 17 OTHER TERMS AND CONDITIONS (Insert an), other• terms or coudiflons below) Exhibit "A" - Schedule ol1'alue Exhibit "A" Revised 1/28114 Exhibit "11" - Rem) Sheet dated 2113/14 Exhibit "C" •-Plnn List tinted 2114/14 This Agreement entered into as of the day and year first written above. (!f r equit-ed by /all,, insert cancellation period, disclosro es or other s+curring slalemerrls ubmw the sigrralmtes.) R!A Youth Haven.lnc. Surety Construction Company OWNER (Mgnatrrm) CONTRACTOR (3igrxrture) •rated rraii� title rnrd address) 7"s-ndn s L.,I arse � Na�c fes. �L 3�lrIL (Printed name, title and ad esa) ilerberl H. Hill. Jr. Exec. Vice President LICENSE NO.: CGC 031578 JURISDICTION: State of Florida AIA Document A10511 —2007 !tformerly A105TM —1993 and A205"' —19951. Copylght Q 1993 and 2001 by Tha American Institute of Architects. All rights lilt. reserved. WARNING: This AIA k Dee menI Is protected by U.S. Copyright Law and Into inatlsnai Treaties, Unauthorized itproduclion or disttlbution of 11 this AIA' Document , or any portio.^, of it, may result in severe civil and criminal penaltlea, end will be prosecuted to the maximum er exient posslr?e und Vic to{a. This document vros produced by AIA softoarc at 17:27:47 on 03/14/2014 under Order No.5657287825 1 which expires on 0113112015, and is not for resale. User Notes: (1949591418) Packet Page -365- Brownie's Cottage SURETY CONSTRUCTION CO. PG 1 OF 2 Exhibit A BONITA SPRINGS,FL PRONE (239) 992-6030 Bid date: 1/10114 REVISED 1128114 COST/ SF COSTI SF S NBITIONI PER SQUARE FT OF GROSS AREA 4112 AIC AREA GROSS NUMBER OF UNITS 1 AREA CATEGORY I % I TOTAL 00) GENERAL CONDITIONS 11,04 38,580.00 9.38 9.38 01) SITE CLEAR, FILL,BASE ROCK NIA 02) SITE UTILITIES FIRE LINES 9.09 24,977.00 6.07 6.07 03) NEW WATER LINES. 3.37 9,272.00 2,25 225 04) LANDSCAPING 0.55 1,500.00 0,36 0.36 05) DEMOLITION 3.46 9,500.00 2.31 2.31 06) DUST WALLS 1A2 3,900.00 0.95 0.95 07) SOIL TREATMENT 0.32 885.00 0.22 0.22 08) DUMPSTER FEES 0,55 1,500.00 0.36 0.36 09) FINAL CLEANING 0.37 1,028.00 0.25 0.25 10) CONCRETE & MASONRY 6.70 18,405.00 4.48 4.48 11)PRECAST NIA 12) VINYL SOFFIT NIA 13) STRUCTURAL STEEL NIA 14) RAILINGS NIA 15) TRUSSES ISHEATING NIA 16)'CARPENTRY 2.33 6,400.00 1.56 1.56 17) CASEWORK (REVISED) 2.16 5,940,00 1.44 1.44 18) ROOFING NIA 19) CAULKING & SEALANTS IN UNE 31 20) BUILDING INSULATION 0.05 150.00 0.04 0.04 21) HOLLOW METAL IN LINE 23 22) OVERHEAD DOORS OMITTED 23) WOOD DOORS 1.89 5,195.00 1.26 1.26 24) GLASS GLAZING (OMIT W-1 & W-2) 2.99 8,220,00 2.00 2.00 25) FINISH HARDWARE 2.51 6;900.00 1.68 1.68 26) STUDS & DRYWALL 4.28 11,750.00 286 2.86 27) STUCCO & FRAMING NIA 28) VCT & VINYL BASE 8.01 22,000.00 5.35 5.35 29) CARPET NIA 30) ACOUSTICAL CEILINGS NIA 31) PAINTING OMITTED 32) CERAMIC TILE 6.00 16,489.53 4.01 4.01 33) PLUMBING (OMIT TRENCH DRAIN) 7.86 21,600.00 525 525 34) FIRE PROTECTION 4.71 12,050,00 3.15 3.15 35) HVAC 0.76 2,100.00 0.51 0.51 36) ELECTRICAL 3.09 8,500.00 2.07 2.07 37) FIRE ALARM SYSTEM (ALLOWANCE) 1.82 5,000.00 1.22 1.22 38) TEST & BALANCE OMI T TFD 39 STAINLESS STEEL COUNTER TOP O?AITTED VADalaftugi Haven ©rovmie's College Shallot RenovaGonlConhacRExhibil A SPREAD SHEET.aIs Packet Page -366- 5/10/2016 16.A.5. PG20F2 40) TOILET ACCESSORIES 0.93 2,552.00 0.62 0.62 41) FIRE EXT. NIA 42) APPLIANCES NIA 43) SIGNAGE 0.01 30.00 0.01 1101 44) WALLPAPER NIA 45) ARCHITECT NIA 46) SURVEY NIA 47) TESTING OMITTED 48) - - - - 49) RECORD DRAWINGS 0.44 1,200.00 0.29 0.29 50) SITE SIGN OMITTED 51) P.D.L. INSURANCE 1.16 3,200.00 0.78 0.78 52) DRAWING REPRODUCTION NIA 53)1MPACT FEES NIA 54) PERMIT AND INSPECTION FEES NIA 55) BUILDERS RISK NIA 56) - - - - 57) - - - 58) ACCESS PANELS 0.61 1,683.00 0.41 0.41 59) - - - 60) PROJECT MANAGEMENT SERVICES 1.20 3,300.00 0.801 0.80 61 ASBESTOS REPORT OMITTED SUBTOTAL 254,706.53 PERFORMANCE & PAYMENT BOND OMITTED CONTRACTORS FEE 7.30 20,047.00 4.88 4.88 GRAND TOTAL 100.00 274,753.53 66.82 66.82 Revisions to scope on 1127(14 1. adjust cabinet cost and omit utility cabinets 2. omit coiling door 3, omit W-1 & W-2 windows 4. modify framing @ W-1 & W-2 5. omit painting 6. omit trench drain in the H/C restroom 7. install a free standing utility sink In the utility room 8. change the fire alarm to an allowance 9. omit test & balance testing 10. omit SS counter top 11. omit concrete testing 12. omit project sign 13. omit asbestos report V; DOWYouh.Havcn Bro Nes Cottage Shelter ReaovaGallConLacIT-4ibi( A SPREAD SHEEtads Packet Page -367- 5/10/2016 16.A.5. .,IN Exhibit °B" Recap sheet 2/13/14 Brownie cottage revised base bid $ 274,753.00 adj. Gen Con $ (5,000.00) adj fee $ (3,492:00) adj. concrete $ (6,557.00) V.E. Flooring $ (6,000.0[)) omit Rm 120 & 133 $ (5,655.00) Jays cottage fire sprinkler system alternate, prices is based on the new location of the exterior piping $ 12,166.00 site backflow, piping & etc sprinkler system $ 12,,641.00 Ore alarm allowance $ 2,500.00 framing and drywall soffits $ 3,904.00 Janettes cottage fire sprinkler system alternate, prices is based on the new location of the exterior backflow and piping $ 27,090.00 site backfiow, piping & etc sprinkler system $ 12,641.00 fire alarm allowance $ 2,500.00 framing and drywall soffits $ 5,604.00 s/t $ 326,795.00 Brownie adds add utility cabinets $ 2,150.00 add shelf units in restooms $ 965.00 add Ore rated W-1 $ 4,200.00 add trench drain $ 11100.00 add rooms 120 & 133 back in $ 5,655.00 add pass thru $ 14,307,00 add asbestos report $ 1,000.00 add painting back in $ 11,993.00 add bond $ 3,256.00 add test & balance $ 2,000.00 Brownie Alternates replace doors $ 13,549.00 add flush values $ 7279.00 , s/t $ 394,249.00 fee for Brownie adds $ 2,678.00 total $ 396,927.00 Packet Page-368- 5/10/2016 16.A.5. 5/10/2016 16.A.5. Exhibit "C" 2/14/2014 Youth Haven -Contract Documents -Architect, Specs, and Addendum 1 of 3 10/1/2013 10/3/2013 2 of 10/1/2013 10/9/2013 3 of 3 10/1/2013 10/912013 Architect i A0.1 10/28/2013 12/5/2013 A0.2 10/28/2013 A0.3 10/28/2013 11/12/2013 A1.0 10/28/2013 12/5/2013 A1.1 10/28/2013 12/5/2013 A1.2 10128/2013 12/5/2013 { A1.3 10/28/2013 A1.4 10/28/2013 11/19/2013 A1.5 10/28/2013 A1.6 10/28/2013 12/5/2013 A1.7 11/19/2013 A2.1 3/11/2013 All 7/7/2013 Plumbing P0.1 10/1/2013 10/21/2013 131.1 10/1/2013 10/21/2013 P1.2 10/1/2013 10/21/2013 P1.3 10/1/2013 10/21/2013 Specs 11/8/2013 Addendum #1 12/12/2013 Packet Page -369-