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Agenda 04/10/2018 Item #16A 804/10/2018 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the potable water and sewer utility facilities for Naples Reserve Island Club Phase 2, PL20160003017, 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 $10,617.60 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 potable water and sewer facilities, and to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $10,617.60, in accordance with the Collier County Utility Standards and Procedures, Ordinance No. 2004-31. CONSIDERATIONS: 1) The Developer of Naples Reserve Island Club Phase 2, has constructed the potable water and sewer facilities within dedicated easements to serve this private development. 2) Preliminary acceptance of these utility facilities was approved by the Development Review staff on November 30, 2016. 3) The potable water and sewer utility facilities have been operated and maintained during the required one (1) year warranty period, following preliminary acceptance. 4) A final inspection to discover defects in materials and workmanship has been conducted by staff on February 27, 2018, in coordination with Public Utilities, and these facilities have been found to be satisfactory and acceptable. 5) All potable water and sewer utilities are owned and maintained by the developer. 6) 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 $10,617.60. 7) This final acceptance is in accordance with Collier County, Ordinance No. 2004-31, as amended. 8) 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. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. 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 potable water and sewer utility facilities for Naples Reserve Island Club Phase 2, PL20160003017, 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 $10,617.60 to the Project Engineer or the Developer’s designated agent. Prepared by: Lucia S. Martin, Technician, Development Review Division 16.A.8 Packet Pg. 339 04/10/2018 ATTACHMENT(S) 1. Location Map (PDF) 2. Exhibit A (PDF) 16.A.8 Packet Pg. 340 04/10/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.8 Doc ID: 4965 Item Summary: Recommendation to approve final acceptance of the potable water and sewer utility facilities for Naples Reserve Island Club Phase 2, PL20160003017, 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 $10,617.60 to the Project Engineer or the Developer’s designated agent. Meeting Date: 04/10/2018 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 02/28/2018 10:05 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 02/28/2018 10:05 AM Approved By: Review: Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 03/01/2018 4:48 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 03/07/2018 3:16 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 03/09/2018 11:05 AM Growth Management Department Matthew McLean Additional Reviewer Completed 03/12/2018 9:11 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 03/12/2018 10:15 AM Growth Management Department James French Deputy Department Head Review Completed 03/14/2018 7:55 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 03/22/2018 4:52 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/23/2018 9:48 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/23/2018 11:48 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 03/27/2018 9:24 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/29/2018 3:25 PM Board of County Commissioners MaryJo Brock Meeting Pending 04/10/2018 9:00 AM 16.A.8 Packet Pg. 341 NAPLES RESERVE ISLAND CLUB PHASE II 16.A.8.a Packet Pg. 342 Attachment: Location Map (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) Exhibit A Utilities Performance Security (UPS) and Final Obligation Bond Amount Receipt Number 10% UPS Bond $6,617.60 Bond No. 0189171 Final Obligation Bond $4,000 2016365233 Total Amount $10,617.60 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. Performance Bond 16.A.8.b Packet Pg. 343 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) PROJECT NAN,IEl LOCATION: NAME AND ADDRESS OF OWNER TYPE OF UTILITY SYSTEM VERIFICATION OF FINAL COST Section '1 , Township 51S, Range 25E SFI Naples Reserve, LLC 2427 Easl lmperial Way Brea. CA 92821 SANITARY SEWER (Material and Services) @EEEu[EUT-EELIreIEI PVC SDR.26 . 0.6' CUT MANHOLE 0-6' Single Sewer Services Connect to Existing Manhole Testing h Vice nt OF: Haleakala Construction . lnc 4', 236 2 2 1 1 LF EA EA EA LS $ 27.14 $$ 3,961.00 $s 1 ,042.30 $ $ 1,765.00 $$ 590.00 $ 6,405.04 7,922.OO 2,084.60 1,765.00 590.00 $ 18,766.64TOTAL COST I do hereby certiry that the quantities of material and services described above are a true and accurate representation of the system of the as-installed cost of the system. CERTIFYING Jayson O STATE OF FLORIDA COUNIY OF COLLIER The foregoing instrument was signed and acknowledged before me this 18th day of October, 2016 by Jayson Oreschnick who is personally known to me and who did take an oath Notary ublic SEAL Naples Reserve lsland Club Phase ll {Ft 044507 16.A.8.b Packet Pg. 344 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) PROJECT NAME: LOCATION: NAME AND ADDRESS OF OWNER VERIFICATION OF FINAL COST Naples Reserve lsland Club Phase ll Section 1, Township 51S, Range 25E SFI Naples Reserve, LLC 2427 Easl lmperial Way Brea. CA 92821 POTABLE WATER (Material and Services) ITEM @G@g[TIEilET PVC DR-,I4 PVC DR-l8 Gate Valve w/ Box Fire Hydrant Assembly w/ Valve Automatic Flushing Device Automatic Flushing Device (relocated) Temporary Baclerial Sample Point and Blowoff Compact Fire Detector Check Assembly Water lvlain Fittings Connect to Existing Main Testing 6 6 408 230 4 3 1 ,| 2 1 ,| 1 1 57$ 10 $ 66$ 30$ 60$s0$ 10 $ 00$ 00$ 00$ 00$ LF LF EA EA EA EA EA EA L5 EA LD $ 15 $ 12 $ 1,044 $ 4,058 $ 5,285 $ 1,253 $85$ 8,240 $ 3,120 $ 2,351 $ 1,s00 6,352.56 2,783.00 4,178.64 12,174.90 5,285.60 1,253.50 170.20 8,240.00 3,120.00 2,351.00 1,500.00 4 TOTALCOST $ 47,409.40 I do hereby certify that the quantities of material and services described above are a true and accurate representation of the system of the as-installed cost of the system. CERTIFYING: Jayson Ore Vlce tesr ent OF: Haleakala Construction . lnc STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was signed and acknowledged beiore me this .l8th day of October, 2016 by Jayson Oreschnick who is personally known to me and who did take an oath L K N otary blic SEAL TYPE OF UTILITY SYSTEM: {FF 044507 16.A.8.b Packet Pg. 345 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number:2016365233 Transaction Number:2016-071871 Date Paid:11/03/2016 Amount Due:$4,000.00 Payment Details:Payment Method Amount Paid Check Number Check $4,000.00 16069 Amount Paid:$4,000.00 Change / Overage:$0.00 Contact:ISTAR, INC 1114 AVENUE OF THE AMERICAS NEW YORK, NY 10036 FEE DETAILS: Fee Description Reference Number Original Fee Amount Paid GL Account Utility Performance Refundable Bond PL20160003017 $4,000.00 $4,000.00 670-000000-220113 Cashier Name:ElizabethMendez Batch Number:5816 Entered By: melissaalvarez 16.A.8.b Packet Pg. 346 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) Form 2 - Rev. 2004 (Utilities Performance Bond) UTILITIES PERFORMANCE BOND Bond No. 0189171 KNOW ALL PERSONS BY THESE PRESENTS: that SFI Naples Reserve, LLC 2427 East Imperial Way Brea, CA 92821 (hereinafter referred to as "Owner", and Berkley Insurance Company 475 Steamboat Road Greenwich, CT 06830 (hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida. (hereinafter called "County"), in the total aggregate penal sum of Six Thousand Six Hundred Seventeen and 60/100 Dollars ($6,617.60) 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 the 4th day of October, 2015, a copy of which is hereto attached and made a part hereof; and 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 41 16.A.8.b Packet Pg. 347 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) 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. 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 terms 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. "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. The term IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed this 18th day of October, 2016 . [Owner's witness and signature block - see Instruction No/3] WITNESS: SFI N. :s, RVE LLC 4 *4 Ul \/> PRINTED NAME PRINTED NAME AND TITLE 0e^r*KCC!>cO LI NOTE: Collier County shall not accept any Letters of Credit that cannot be presented in Florida. 42 16.A.8.b Packet Pg. 348 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) [Surety's witness and signature block - see Instruction No. 3] ITNESS: Y INSURANCE COMPANY BE A i— A f(q j - -FA d- PRINTED NAME AND TITLE So*- PRIII" "ED NAME 3 PRINTED NAME [Notary and acknowledgment blocks for both Owner and Surety required - See Instruction No. 4] Owner Acknowledgement rL State of County of CpUv-£tf The^re^hr^PERF()RM ANCE^^ND was ackrw^led^e^e^ejr^ tins arqday of fs personally known to me, ^ 2016 OR Has produced as identification. WITNESS my hand and official seal NOTARY PUBLIC-STATE OF r lOflflfr VB2-fi PRINTED NAME MARtBEL ORTIZ ySt ? Notary PubMc - State ol Florida JfaJ Commission # FF 989120 55? My Comm. Expires May 4. 202C % Of fV IMP ¥ r #r I 43 16.A.8.b Packet Pg. 349 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) Surety Acknowledgement QiA State of County ofJELlAj-O-tO The foregoing PERFORMANCE BOND was acknowledged before me this /Sday^ of by Lisa A. Pless as Attorney-in-Fact of BERKLEY INSURANCE COMPANY who is personally ,2016 known to me, OR Flas produced as identification. WITNESS my hand and official seal % if *(£$ o *•••••••* O c "HI utt^ A A. v T A NOTARY PUBLIC-STATE OF PRINTED NAME Prepared by: Lisa A. Pless Willis Insurance Services of Georgia, Inc. 5 Concourse Parkway 18th Floor Atlanta, GA 30328 01/2005 44 16.A.8.b Packet Pg. 350 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) No. BI-7981d POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly -a £ organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Lisa A. Pless or Carl Thomas McFarland Jr. of Willis f Insurance Services of Georgia, Inc. of Atlanta, GA its true and lawful Attorney-in-Fact, to sign its name as surety only as S J2 delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial E Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.S50,000,000.00), * u to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at 5 its principal office in their own proper persons. i I This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, k without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following o v resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. E CJ / 3 3 > E G | I ?! I! u .52 SB "8 2 11 •s £ OA B c_ . .2 E J? I * § c it C/5 £ c IN WITNESS WHEREOF, the Company has earned these presents to be signed and attested by its appropriate officers and its o P corporate seal hereunto affixed this/f day of Attest: ,2016. E 00 c 2 J 2 <u « £ (Seal) Berkley Insurance Company Aid: B By c ^ § % 'G g M 4 WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. £ 5 Q. to p •— r-i i u Ira S. Eedennan Jaltev M^Hafter Senior Vice President Senior Vice President & Secretary STATE OF CONNECTICUT) ) ss: COUNTY OF FAIRFIELD ) "f .§ Sworn to before me, a Notary Public in the State of Connecticut, this day of _ | 4 Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secretly, at) 73 Berkley Insurance Company. MARIAC. RUNDBAKEN J }//' . . : g NOTARY PUBLIC V L'/A/J~\ MY COMMISSION EXPIRES APRIL 30. 2019 a ,2016, by Ira S. Lederman and e Senior Vice J%sident, respectively, of '<S/\ < s Notary Public, Stale of Connecticut . — U * CERTIFICATE 7 C I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, % % and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the -5 Attorney-in-Fact set forth therein, who executed the bond or undertaking to which th:s Power of Attorney is attached, is in full force and effect as C. correct >/G /s of this date. fZ "CTO p-2 day of Given under my hand and seal of the Company, this —1 32 (Seal) Vincent P. Fo 16.A.8.b Packet Pg. 351 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) Please verify the authenticity of the instrument attached to this Power by: Toll-Free Telephone: (800) 456-5486; or Electronic Mail: BSGInquiry@berkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this Power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 31 ON Morristown, NJ 07960 Attention: Surety Claims Department Or BSGClaim@berkleysurety.com Email: Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company, Berkley Regional Insurance Company and Carolina Casualty Insurance Company. 16.A.8.b Packet Pg. 352 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) BERKLEY INSURANCE COMPANY STATUTORY BALANCE SHEET DECEMBER 31, 2015 (AMOUNTS IN THOUSANDS) Admitted Assets Bonds Common & Preferred Stocks Cash & Short Term Investments Premiums Receivable Other Assets $ 8,870,177 3,285,217 567,599 1,396,912 2,989.424 Total Admitted Assets $ 17,109.329 Liabilities & Surplus Loss & LAE Reserves Unearned Premium Reserves Other Liabilities $ 8,753,797 2,503,622 556.351 Total Liabilities $ 11.813.770 Common Stock Preferred Stock Additional Paid In Capital Unassigned Surplus S 43,000 10 2,818,041 2.434,508 Total Policyholders' Surplus $ 5,295.559 Total Liabilities & Surplus S 17.109,329 Officers: President: William Robert Berkley, Jr. Secretary: Ira Seth Lederman Treasurer: Eugene George Ballard Directors: William Robert Berkley, (Chairman) William Robert Berkley, Jr. Eugene George Ballard Paul James Hancock Carol Josephine LaPunzina Ira Seth Lederman Carl Fred Madsen 16.A.8.b Packet Pg. 353 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) CONSTRUCTION CONTRACT AGREEMENT PROJECT NAME: NAPLES RESER v'P-LAKiiSHORE CLUB PHASE I! i4SS5 N APLES RESERVE LIRi U PROJECT AOORESS NAPLES. FL. 34114 CONTRACTOR: EE-CON INC. DBA EtCO.N CONS I PLC i J ON StRv R r..> 45X4 MERCANTILE AVE. SUITE B NAPLES, FL. 34; to PET L EMIDv 239-945-I960 239-495-390! FLMlD Vii. EEC O.VfN C. C ; *.'. \i4gitf name and uddmsif Attention: Rhone: Fax: Email Address: OWNER: SIT NAPLES RESERVE. LLC. 3232 Hi LAKE MARY BLVD. STL Hf'j LAKE MSKY. FL 32746 DONALD E. WEARS. JR 4m-i2i-9JW stegtil name and addreytj Attention: Pliooe: Fax: Email Address: biv iP. A RSr£ 1ST A R COhi " CONTRACT AMOUNT: 55,614.513 THIS CONSTRUCTION CONTRACT AGREEMENT (this construction contract agreement, together with all exhibits attached hereto, are herein collectively called the 'Agreement") is entered into as o/thc IJ1 H Ja> of October, 20If by and between Owner and Contractor. Owner and Contractor, for good and -.aLabi: consideration as described herein, agree to the terras and conditions contained in tit is Agreement Work. Contractor, as an independent contractor, agrees to provide all labor, materials, and services necessary to perform and complete the work described in the Scope of Services set forth to Exhibit A hereto relating ir. the Projsei upon t.V terms anil conditions set forth in this Agreement, including all labor, materials, snd >cr ices reasonably inferable from the foregoing as being necessary to produce the intended results for coinpletion of such work (collectively, herein the "Work"! The Work car only- be changed or modified by a written change ..roe executed by both Owner and Contractor 1. ! Schedule. Time is of the essence of this Agreement. Contractor agrees to begin the Work promptly a: soon as directed by Owner, and to complete the Work according to Owner's work schedule, as may be amended from time to time. Subject to written change orders executed by Owner and rororacror Or.ntracioi 'ball a ahievc stihsmnnai completion of tiic *Vork. excluding only ntinui ik»-. bea..:. .iO late; char. b'El'T. a'L 2'.M?. Content-tor shall be responsible to Owner for damage:; resulting from delay in the Work caused by t onrracivi »r anyone Contractor Ls responsible for. Contractor shall be only emitted to a time extension for aii delays in if; V» yrk caused by Owner or other events beyond the reasonable comroi ul Contractor. Contractor shall not <>c antr..cd u> any extended cost* or expenses (including so-called "general conditions costs") or any,monetary or CDtlSC-JUCftt&l damages ofaitj kind for deias in the Work, whethsr or rat: vaaf-eti bt-Qwmcr. unless th^Jelay in Work is caused hy the Owner A 2. CMJJI yomiJOOvi* >W972a)iia7 3.3*2012 ri:2* AM i ij it 1-iJI i t-l.l 16.A.8.b Packet Pg. 354 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) Site Condition* aud Management. Unless otherwise provided in Exhibit A. Ccnrractor represent .tii-J v.ananrs thai (i) Contractor has reviewed and inspected ihe conditions at. and reviewed the roles, regulations restrictions, ant! collective bargaining agreementc. if any. applicable to. the Project (iij Contractor has satisfied itsei-" as ro the conditions, rules regulations. restrictions. and collective bargaining agreements. if any, under which the Work will be performed, and (iij) Contractor has accepted such as being suitable tor perlornnng and coitipleting ilu. Work at the Project Address. Comacror eekBOtvlcdges thai the Work may be performed a? J I'xuiioti where Ownv>- bar. ongoing business operations. Contractor shall maintain good order among its subcontTaciors. consultant. aeenr> and employees performing the Work. Additionally, Cowracar shall compi;. with any rcsrrsefiMW or iimiuUh.m- applicable to die Project including but not limited a> hours of operation, staging and storage areas, constructs,. iMrttmg. use una shutdown or intemipucn to uriiiries. tf mporar- signage, ami ingress :uui egres- k> < >c«:uptcii lenaoi areas, all 35 directed by Owner. Contractor shall not u.-c or hazardous mattn-ils at the fv.Jte«.t without !)•- piiot writ ten consc.i' of Ownci c.ontracioi siiaii be soi-ly resp>>><.s>i>i-.- for initiating, Hktiii.amiiig OJI»1 supci vj.-ir.g if titrly precatiiions and programs in Connection with (lit Won 3 Sulwoiitractorv K.~ s:>l»itv:rrnv:<i- or cons.tlrait: of vVmcraci-.n ilia's i»e cernsiilcil -a perform itv car :;f Coplfscix«f*i Work without the writer confer); *•' C»s«. rn:--.- proMded however. rhm in ~.r even' shaiM V-tin-ru-'" subcoutraci Contractor's obligations i> the general or primary c infractor for the Work or licensing reiaitd thereto. Contractor shall have complete and direct responsibility t. Owner i>.r the act' a»»-i rnnsrior.; of Conr;'..-.i, employees, agents, and subccnirucwrs and cotwuittuiia. at any 1= \ o. 4. / S. Submittals- Contractor shall prepare, renew. stomp with apprc. as and submit tor Owner'? approval st' sampler, shop drawings and product data as may be directed by Owner, and shall not perform Work related thereto without Owner's prior inwtten approval iiiereof. which approve! may- be by facsimile or electronic moi! and slwli he dee tied effective upon receipt by '.he appropriate person identified in the " Attention" line for such party or, the lirst page of" this Agreement. Taves ued Ay<ssmeaW Contractor shall pa> all safes taxes, use taxes, social security, ole age benefit and unemployment compensation taxes aad similar taxes or assessments upon the labor and materials furnished under mis Agreement ot in any way related to the Work. Uniess Exhibit A provides otherwise. Contractor shail pay for Ml building permits uftd alt start, county or city fees, if an v. related to the Work. 6. Compliance with Applicable Law and Licenses. C on tractor < lv.il •:ompiy with ail kvw mcludi'ig. bu- not limited to. *1! federal, srsre and local statutes, ordinances, regulations. codes. rules, bargaining ngreemeni;. and governmental orden that may apply 10 Contractor, the Work or Project. Contractor represents and warrant* ?r- Owner that Contractor is authorized to do business in the state, county and municipality where the Project is iocateq a;»*J is properly licensed, including, but not limited to. licenses bv all necessary aoverr.niem.il and public ami q.iasi- ptiblic authorities having jurisdiction over Cootractor. the Work or the Project. 7. 9. I WII ranee. Contractor shall furnish and pay for insurance required in Exhibit B hereto. Standard of Care. All of the Work shall represent Contractor's best judgtnem as n v..:i=r:icro: wbutc competence and professionalism equals that of contractors performing work similar in scope and complexity to those required of Contractor hereunder, for large corporate, governmental and institution::! clients ir, the area where Contractor practices. 9. 16.A.8.b Packet Pg. 355 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) Coptvart Amount and Applications for Payment As luii consideration for Contractor's performance jli Work. Owner shall pay Contrncti* the Contract Amount upon ihe renvis and subject tc the conditions set torch it c!W5 Agreement. On or be lore Ute \0° day of each month. Cent rue tor shell submit to Owner a written application for w.viiicni covering Work through the end of the prior month, on Owner's form or another form approved in advance JOO in writing by 0»vnei. showing the value of Work (on a percentage bastsi completed tc date aionr. with S'lbrcantiating tiara m formation srvi lien waivers «is may be required by 0.%nei fwhich deftveri?* shall include a minimum, a iist of pi' aubcor (races and for each suyh i'-u.r. untruci. li.v amount ywei based upon an I. subc-.-cir iijc amount paid to date on such, subcontract, and the H-moun; remaining dtic or. such subcwKwrr, ;U| cent fieri Contractor to ()£ true. correct and compter. 3 current Iter, waiver from T'.inrracior staring, anions other things. the original Contract Amount. any changes made thereto by written ennnge order? executed by Owner ami f onu.Kiyi. i . w;« the current Cortmc? Amount, amounts curretuiy due amounts paid to dale. in-J current rvfc-.ir.ugc iogeil>yr >wrh Contractor's current lien waivvr tor 'Aorh covered b> sucr. uupricanon tot paymer.i and suf.c./iiii.Kiui > iictv ivu.Av..- covering Work included in the immediately prior application ioi payment tunlets stich t 'onrracror's applu-L-!.. n, payment is ior lirad payment. ;a v,-hic!i c.er.i ^uc!.- sutcvntwtors' L-JC. waiver; must be ;fou! throve!- the cvrerv final r,pr.Ucnti,-in fsir n.y. m.-nt}! !n diidifirs-, M rh= r'ui csoiug. the appl;C8'.k-:i for pas tikcp.t which includes suhiciptiai .-iviytewoo vf '.he Vl • •}. qial! *• .» condition prec.-'len* yxymenh -;ivrltuir a frilly exsrutrd rertifirar? or Substantial Completion in the form o! Exhibit C attached liercto. Ten percent (IOa-«j rsta mage snal! DC held on at! :.\ ork until the dale e •' Ana! completion, including a'.l pure'-'' Wt-rf and the fornishirg of required v a .TOP be.-., •itunttub. documents anchor ucnificaics u.i Owner. Owner -.•kali j. jy Cmmaou.. al; .vnvuiUs then due under thi- Agreement «owcd by <u&: application lor payment u itrun ji: days utier iccctpt of such --^mplvud ;i*.-p!iccitic«r fr: paymcrrt (which :;us: include 31! attachment.'', and defo/srie-: related therein required b" »lm Agrevr.-wriM :ipjvf -.v!v• ny Owner. 10. Ffual Payment. Finn! pay men:, including retainaae. shall be made to Contractor upon final cupiplefr-V) n? the Work in strict accordance with this Agreement, written acceptance of the Work h> Owner, satisfaction of nil conditions precedent contained in this Agreement, certification from Contractor that ah subeotHixctorc. laborers, mmcrwlruen. suppliers aud couSuhpnts have beer, paid in full and. if requested by Ov-»i>er. receipt of final waivers of Hen from Contractor and ell subcontractors and suppliers at any level fimiisJiingr. labor, mtlrrtais or services as part •of or related co the Work. All finai warranties or guarantees shnH he assignable by Owner All lien waivers shali be on funns supplied b> Owner and meet the requirements for lieu waivers sei forth in Sccoon 10 above. Subject to written change orders executed by Owner iutd Contractor, ifroniractor tails or refuses w complete the Work cr< or before SEPT. 30, 201b Comracior shall be required to pay 0\\ net fhe mm ot S500 per day ns liquidated damages ("Llquidwted Datsajres"). and not as a penally, which amount Owner shall be permitted to offiet against any payments due (Contractor, includmc but uot limited to final payment. To the extern such amounts are not so offset. Contractor shall pay Liquidated Dunrages to Owner promptly upon demend, und in any event vyithin five =5> business days from rcccjrn of an invoice therefor. 11. Cbaofcs in the vVoru. y onrmcrnr agrees ru perform or any ciian^es or riiown wciuv ,.-. ... Work requested by Owner In writing, in the 4vent of a disagreement concerning a change jnadc by Own«r. Cuntractar shall proceed with toe Work as modi]ted, on a time and material basis, unless Owner nnri Contractor agree ut such time on an altcinative basiy. (.lontrficfor sJw»: v>c«r perform ar.y work for. or at the direaipr. of. a tenon: «w property n»anager of Owner without c.\prcss written approval of Owner. The requirement of prior u-riiter. authorizuiioii may not be waived, verbally or by conduct, by Owne: or 3trycne acting by or on behalf cf Owner however, written authoriiation by licsunifo or electronic mail from the person idenrifred in the u,Attention" line for inch pany on the first page of this Agreement sh.lll l>e deemed effective ls> the event of chongod Work hcuij: performed on a not to exceed or time ttnd rtnicria! basis. Contractor shali submit for Owners approval complete records with supporting detail establishing the costs and expenses all in a form satisfactory to Owner for all such u."prk being performed or. sw^ ha.<k All change order casts nrt subject to ltd! audit, and review and approval by Owner Except for changes directed by Owner as perm if ten above, in is Aereemeni rnuy oniy be modifiwl or emended in a writing executed by both Contractor and O'.vner. and Confoictor :>li:il! not rely .•«; any verh.tl r,r wri'net? statement ns a modification to this Agreement unless in the form of a written change orJer executed by bo'.t O-.vner arid Contractor expressiy modi lying the terms of this Agreement 12 ii li. Claims. Any and all claims by Contntcioi. or m\\m contractor is responsible for. for additional compensation extra work, delay, extensions of time, or loss, injury or d?;njgrx of any kfod shall be subrniut.l iu wTltms by Contractor 10 Owner within five (f > days after the occurrence giving rise to the claim, or the claim 13. 3 16.A.8.b Packet Pg. 356 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) be deemed irrevocably waived, in The evem of any dispute whatsoever between Owner and Contractor, includins but not limited to (i) whether or not any part of the Work is within the scope of the Work to be performed by Contractor, (ii) whether Contractor is entitled to compensation in addition to the Contract Amount for any Work requested of it and (iii) whether or not Contractor is entitled to any extension of the time for performance of the Work. Contractor shall continue to proceed diligently w ith performance of the Work as required by Owner, pending resolution of such dispute. The existence of such dispute shall not excuse failure by Contractor to perform the Work as required by this Agreemem. Disputes. Any and all disputes and claims between Owner and Contractor shall be resolved by agreement of the parties, or decided by litigation, unless Owner shall advise Contractor in writing that Owner elects to have the dispute decided by arbitration pursuant to the terms of Exhibit P. and judgment upon the award may be entered by any court having jurisdiction. 14. Warranty. Contractor represents and warrants co Owner that all materials and equipment furnished shall be new unless otherwise specified on Exhibit A. and thai el! Work and materials furnished under this Agreement shall he of good quality, free from faults and defects and in conformance with this Agree merit. Contractor shall promptly make good any aud ail defects that appear within a period of one (1) year from completion of the Work as reflected on Che fully executed Certificate of Substantial Completion delivered as required by Section 10 ubove. provided that this shall not be Owner's exclusive remedy for defective Work. 15. Title and Liens. Contractor represents and warrants thai ;he title to all Work, including, bui not limited to. all materials and equipment incorporated therein, will pass to Owner either by incorporation in the construction or upon receipt of payment by Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrance? (hereinafter collectively referred to m this Section as "liens'). So long as Owner is not in default of its payment obligations under this Agreement, if any such lien is filed in connection with Work performed and-or materials supplied to tbe Project Address Owner shall have the right, in addition to any other right reserved hereunder or at law or equity, to withhold from payments due Contractor the amount necessary to satisfy one hundred twenty-five percent (125%) of the amount of the lien until such lien has been bonded Off or discharged of record. Failure to remove, bond off, or otherwise satisfy any such lien within ten (10) days after written demand by Owner shall constitute an event of default hereunder and Owner, in addition to any other remedies provided for by law or herein, may terminate Contractor pursuant to this Agreement. If Contractor fails to post a bond or other security acceptable to Owner in connection with any lien. Owner may discharge such lien or lien claim by payments to the lien claimant or by such other means as Owner, in Owner's sole discretion, determines is the most economical or advantageous method of settling the dispute, which amount Owner shall be permitted to offset against any payments due Contractor, including, but not limited to, final payment. To the extent such amounts are not so offset. Contractor shall pay such amounts to Owner promptly upon demand, and in any event, within five (5) business days from receipt of Owner's written demand. 16. Indemnity. To the fullest extent permitted by law, Contractor assumes full liability for any and all claims and damages arising out of death, or injury of any kind to any persons or property- arising out of. or in any way connected with, the Work, and Contractor indemnifies and shall defend, reimburse, protect, save and hold harmless Owner and its shareholders, members, partners, directors, officers, agents, employees, contractors and consultants with counsel reasonably acceptable to Owner from and against any and all claims, losses, suits and damages (including attorney's fees and legal expenses) arising out of or in any way connected with such claims, except and to the extent of claims caused by the sole negligence of an indemnitee hereunder, fa the event the law of the state where the Project is located does not allow rhe above-referenced indemnity , it shall be construed as providing for the broadesr indemnity by Contractor as permitted by law. Contractor shall turn the Work over to Owner free and clear of all liens, claims and encumbrances, and hereby indemnifies and shall defend, reimburse, protect save and hold harmless Owner from all such liens, claims and encumbrances arising out of Contractor's performance of the Work, including enorney's fees and legal expenses. Contractor shall bond off or otherwise discharge any lien or encumbrance filed against the project within ten (10) days of written demand by Owner, whether or not Contractor believes the claim is valid. Notwithstanding any oilier provision of this Agreement which is or may appear to be to ihe contrary. Contractor's obligations under this Section 17 shall survive the expiration, termination or cancellation of this Agreement. 17. •I 16.A.8.b Packet Pg. 357 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) Termination. If Contractor fells to perform the Work in accordance with this Agreement. Owner may terminate this Agreement for cause upon three (3) days prior written notice to Contractor, unless Contractor in such time cures the default Owner shall be entitled to hold all unpaid portions of the Contract Amount hereunder until the Work is fully completed by others, and all costs and damages suffered by Owner as a result of Contractor's default arc deducted from the Contract Amount, or otherwise paid by Contractor. Owner reserves the right to terminate this Agreement for its convenience upon Owner's written notice to Contractor of Owner's election to do so pursuant to this Section IS, in which cvenr Conrractor shall be paid the reasonable cost of Work properly performed (including earned overhead aod profit based upon the percentage of completion of the Work through the date of such termination), but Contractor shall not be entitled to recover lost profits, or incidental and consequential damages or overhead or profit on Work not performed. Contractor agrees to immediately provide Owner with access to nil Work records and documents upon termination. 18. General Provisions. 19. Assignment. Contractor may not assign this Agreement, in whole or in part, without Owner's prior written consent. Owner reserves the right to assign its interest in this Agreement, such right to include, but net be limited to, a collateral assignment to a leading institution providing financing tor the Work ("Owner's Lender"). Contractor agrees to comply with any reasonable requirements of Owner's Lender. Additionally, Contnictor consents to the assignment of and hereby assigns its subcontract ana supplier agreements to Owner, and Contractor shall ensure that such agreements are assignable to Owner. Contractor agrees that upon receipt of notice from Owner's Lender or its successors and assigns, that a default has occurred under the collateral assignment to Owner's Lender. Contractor will perform all of its covenants, agreements and obligations under this Agreement in accordance with the terras and conditions hereof for the benefit of Owner's Lender and its successors and assigns, so long as Owner's Lender mokes the payments and otherwise performs the obligations of Owner under this Agreement. a. Notices. Except as otherwise specifically provided in this Agreement, all notices, approvals, consents, requests for information and other communications required or permitted to be given by this Agreement shall be in writing and addressed to the person specified in the "Attention" line for such party on the first page of this Agreement. Written notice, approvals, consents, requests tor information and other communications shall be deemed to have been duly served only if (i) actually received by the individual or member of the firm or entity or by an Officer of the corporation or partner m the partnership or member in the limited liability company or corporation, in each case as set forth in the "Attention" line for such party on the first page of this Agreement, or (ii) if mailed, within three calendar days after the date it is sera by either registered or certified mail, or if sent by overnight courier, on the weekday after it is delivered to such overnight courier, in each case addressed to Owner or Contractor, as the case may be. at the respective address and ro the attenrion of such person as provided on the first • page of this Agreement, or (iii) by facsimile transmission with confirmation of receipt, on the day so sent if sent on or before 5 p.m. local tune at the Project and if sent after 5 p.m. local rime at the Project, then the next calendar day. to the fax number For such party provided on this first page of this Agreement (with a copy aiso being delivered as required by clause (i) or (ii) above). b. Applicable Law. This Agreement shall be governed by the law of die state in which the Project is located, not including its choice of law rules. C. Confidentiality. Contractor acknowledges that Owner and its parent, subsidiaries, members and their partners, or affiliated companies (hereinafter, collectively, the 'Affiliated Companies") are the owners of valuable trade secrets and other confidential aod proprietary information (herein, collectively, the "Confidential Information'"). Contractor shall treat as strictly confidential and shall not use tor its own purposes or for third parries, or divulge or permit to be divulged to or examined or copied by enters, all Confidential information obtained by Contractor in connection with this Agreement, including, without limitation, the work product created or obtained pursuant to this Agreement. Contractor shall nor report environmental matters to any governmental agency without the prior approval and knowledge of Owner In the event of a breach or threatened breach of the provisions of this subsection. Owner shall be entitled to an injunction restraining such breach or threatened breach without having to prove actual damages or threatened irreparable harm. Such injunctive relief as Owner may obtain shall be in addition to all of Ihe rights and remedies available at law and in equity. "Notwithstanding any other d. 5 16.A.8.b Packet Pg. 358 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) provision of this Agreement which is or may appear tc be to the contrary the obhgariom undo this subsection (d: shall survive the expiration, isnninaiion or cancellation of this Agreement. Conflict of Inifei es1.. Contractor represents thai it is aware of no conflict of interest, as of the riau of execution of this Agreement, which would interfere with its independent and professional performance of the Work. Contractor agrees ro disclose promptly In Owner in z timely manner, any potential conflicts of uueresi which Contractor becomes aware of during riv performance of mr ty'oik. If a conflict of interest is identified by an;, party. Contractor shall use its best efforts to address concerns 0? Owner, and agrees, el a minimum, to restrict access to information in Contractor's possession relating to the Work, by any employee, subcontractor, or agent of t'orrrartor performing work for a party winch present?, B conflict of interest ror Owner e. Integration Clause, t nis Agreemem. represents the entire agrcemcr.r w.-o-yei; ine pa -IIV supersedes all prior negotiations agreements. stutemcivrv conversations. representations arm pi-prasC. .<m. VH iwiiiciv Independent Contract or Matu.v !r per k-n rung the \\\ T'K. C •nvTnttr-' >• ,:*i! ,u n.M :i»;.;-.r independent contractor and not an employee, agent. partner or member of Owner Contractor shall not be entitled it. any benefits accoroeG ro empinvees of Owner or its Affiliated Companies, including, but not limited iu. worker', compensation, disability insurance, vacation or sick pcu. Contractor stall not hold itself out as a partner or ••mploynf. of Owne. and shall have no authority whatsoever aci lor or u, incur any nubility or obligation on behalf of Owner. Exhibits. Exhibits A, B. C and D arc hereby incorporated into And made a part of this Agreement IT. the i.xent of arty inconsistency between the termr of tins Agreement end any Exhibit attached hereto, the •ncimsisier.i provision imposing The g rearer obligator 01 limitation on Contractor shall control unless Owner spevifies otherwise in a separate written notice to Contractor. h. IN WITNESS WHEREOF. Chvnet and Connuao- have l-c'-li;- cXc-mred this Atirt-emonl effective a_ of the day and year sit forth in the first paragraph of flits Agreement CONTRACTOR OWNER EGCON. Inc dba EECONConstruction Services A t londa fype 5 Corporation SF1 NAPLES RESERVE, LLC, a FLORID LJM Tf.D l.JABIU FY COMPANY [ukiii ; By p., DON WEARS KARL FRL'Y Name: Pete Emidy v title: President Contractors License kc CGC'l 50b75S Name. Title. VP SL EVP 0 16.A.8.b Packet Pg. 359 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) EXHIBIT A LIST OF CONTRACT DOCUMENTS Drawings and Specifications : NAPLES RESERVE ISLAND CLUB PHASE II CLUBHOUSE & FITNESS AMENITIES DRAWN BY; BASHAM LUCUS DATED 8-21-15 You may attach a proposal from Contractor, ij all references to any legal terms and conditions are removed and the following statement is added "No other provisions of the proposal, including, without limitation, the General Conditions, are incorporated herein or made a part of this Agreement." 16.A.8.b Packet Pg. 360 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) EXHIBIT B INSURANCE REQUIREMENTS Contractor shall, at its own expense and, at all times during the term of this Agreement, maintain and keep in force the following: (i) commercial general liability insurance for bodily injury to persons and/or property damage, including, but not limited to, coverage for products-completed operations, contractual liability, and independent contractors, arising out of Contractor's operations with a minimum limit of SI,000,000 per occurrence and $2,000,000 per project aggregate, including waiver of subrogation: (ii) automobile liability insurance arising out of the use of owned, non-owned, hired or borrowed automotive equipment driven onto the Project with a minimum limit of 51,000,000 each accident or combined single limit; (iii) Statutoiy workers compensation and employer's liability insurance with minimum limits of $500,000 each accident, each employee and policy limit; (iv) Excess or umbrella liability insurance as required per the attached chart; (v) Contractors' pollution liability insurance if the contract requires removal or disposal of hazardous waste, underground tanks, asbestos, or the application of any potentially hazardous chemicals. All policies of insurance that are required to be maintained by Contractor, shall be issued by insurance companies with an A.M. Best rating of 'A-, VJB" or better and authorized to do business in the State in which the Project is located; and, shall provide a thirty-day (30) written notice to Owner prior to cancellation or material modification, except ten days (10) for non-payment of premium. Contractor's insurance shall be primary as to any insurance maintained by Owner and the general liability policy shall include a waiver of subrogation in favor or Owner. The requirement of specific limits of liability is not intended to limit the contractual or tort liability of the Contractor. Contractor shall deliver certificates of insurance to Owner prior to commencement of work and prior to each renewal of the policies required if said policies renew during the term of this agreement. In addition. Contractor shall maintain and provide evidence of general liability insurance, including coverage for products-completed operations liability, insuring their work relating to the Project for a period not less than the applicable Statue of Limitation in the State in which the Project is located. The liability policies (excluding workers' compensation) shall name Owner as certificate holder and additional insured by endorsement using the form CG 2037 (10-01) or an equivalent reasonably acceptable to Owner. The certificate of insurance provided to Owner shall include the following as follows: Owner, iStar Financial Inc., and its Subsidiaries, successors and assigns are an additional insured under the liability policies due to operations of the named insured, according to the Construction Contract Agreement between the parties, for the services relating to the Project located at the Project Address identified on the first page of such Agreement. Waiver of subrogation is included. Contractor shall pay for and maintain whatever property insurance it deems necessary for coverage against loss or damage of any kind to owned, leased or rented equipment, fools, scaffolding, forms, including tools and equipment owned or rented by Contractor's employees or sub-contractors. Failure of the Contractor to maintain such insurance shall not obligate Owner, its agents or employees for any loss or damage to such equipment. In the event Contractor carries such insurance, Contractor agrees to waive its right and those of its insurers to subrogate any loss against the Owner or its agents or employees. 16.A.8.b Packet Pg. 361 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) Umbrella or Excess Liability Requirements 'f Genw^Coijtractors Category A Category B Minor Project Carpentry HVAC (installation) Masonry & Concrete Elevator Systems • Asbestos (minor) * Security ** Window Washing (4+ stories) Hardware Painting Dryvvall Landscaping Sweeping Flooring HVAC (maintenance)* Waterproofing Plumbing Sprinkler Systems Electrical Snow Removal Demolition (interior up to 2 floors) Window Washing (3 stories) Projects from $1,000,000 to $2,500,000 in contract value $1,000,000 each occurrence $5,000,000 each occurrence $5,000,000 per occurrence •Contractors Pollution liability coverage also required. ** Fidelity Bond also required 16.A.8.b Packet Pg. 362 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) EXHIBIT C CERTIFICATE OF SUBSTANTIAL COMPLETION Date of Issuance: Work Order No.: Project No. Description: Project Address: Consultant's Name: Representative: Owner's Project Manager Project Agreement No: Contractor Contract No. Owner/Contractor Agreement: Phone Phone Dated Dated Dated TO: (Owner) DESIGNATED PORTION OF THE PROJECT SHALL INCLUDE: [add description of designated portion] The Work comprising the above designated portion of the project perfonned under the Agreement has been reviewed and is hereby found, to Consultant's best knowledge, information and belief, to be substantially complete. The date of Substantial Completion of said work is hereby established as . DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of said Work is the date when construction is sufficiently complete in accordance with the Agreement so Owner can occupy and utilize beneficially said work for the use for which it is intended. PUNCHLIST A Punchlist of items to be completed, corrected or delivered, prepared by Consultant, Contractor and Owner in a form approved by Owner. The failure to include any items on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Agreement. The date of the commencement of warranties for said Work and for the items on the attached punchlist will be the date of Substantial Completion set forth above. BY OWNER DATE Contractor will complete or correct the work and deliver all items in accordance with the requirements of said ) days from the Date of Substantial Completion. Punchlist within BY CONTRACTOR DATE Contractor's License No. CONSULTANT BY DATE 16.A.8.b Packet Pg. 363 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) EXHIBIT D If Owner advises Contractor in writing that Owner elects to have a dispute arbitrated pursuant to Section 14 of the Construction Contract Agreement to which this Exhibit D is attached to (herein the "Agreement"), then the following shall control such arbitration: Any controversy identified by Owner as being subject to arbitration in accordance with this Exhibit D. including, but not limited to, regarding the construction, application, or performance of any Work or services under the Agreement, or its breach, shall be submitted to arbitration to be held in a city- selected by Owner in the State where the Project is located. The arbitration shall be conducted in accordance with the [Commercial Arbitration Rules / Construction Industry Arbitration Rules] of the American Arbitration Association ("AAA") as modified herein. The arbitration will be conducted by a single AAA arbitrator, mutually selected by the parties. If the parties cannot reach agreement on the selection, then the parties shall each select one arbitrator from die AAA list to serve as an arbitrator selector. The two selectors shall then confer and select the arbitrator. Unless otherwise agreed to by the parties, a minimum qualification for the arbitrator is that he or she be a retired state or federal judge. After the arbitrator is selected, the parties' counsel shall confer jointly with the arbitrator at the earliest convenient date to determine the discovery to take place. Immediately after commencement of the arbitration but in any event prior to the first meeting with the arbitrator, the parties shall cooperate in good faith in the voluntary and informal exchange of nil non-privileged documents and other information (including electronically stored information ("ESI"), as contemplated in subsection (c) below) relevant to the dispute or claim immediately after commencement of the arbitration. They shall complete an initial exchange of all relevant, non-privileged documents, including, without limitation, copies of all documents in their possession or control on which they rely in support of their positions, and names of individuals whom they may call as witnesses at the arbitration hearing, within twenty-one (21) calendar days after all pleadings or notice of claims have been received. The arbitrator may modify these obligations for good cause. (a) (b) Without further leave of the arbitrator, each party may take no more than 6 depositions of potential witnesses; each party may serve no more than 20 interrogatories; and each party may serve no more than 20 document requests. Document requests shall (1) be limited to documents relevant to disputed matters; (2) be reasonably restricted in terms of time frame, subject matter, and persons or entities to which the requests pertain; and (3) not Include broad phraseology such as "all documents directly or indirectly related to." The requests shall not be encumbered with extensive "definitions" or "instructions." The arbitrator may edit or limit the number of requests. Lengthy briefs on discovery matters should be avoided. In most cases, the submission of brief letters will sufficiently inform the arbitrator with regard to the issues to be decided. Additional discovery shall be at the discretion of the arbitrator. All discovety shall be completed within no more than 6 months after the selection of the arbitrator, unless this period of time is extended by the arbhrator for good cause. (c) Unless otherwise modified by the arbitrator for good cause shown following consultation with the parties, discovery of ESI shall be limited as follows: (1) Production of ESI shall be from only those sources used in the ordinary course of business [no ESI must be produced from backup servers or tapes]; (2) Production of ESI shall be made in a searchable format usable by the requesting party [and, with the exception of email headers, metadata may be excluded from production]; (3) The custodians from whom ESI must be collected shall be limited to those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute; and (4) If the cost and burden of ESI production is found to be disproportionate to the nature of the dispute or to the amount in controversy, the arbitrator may issue a protective order limiting the production or condition disclosure on the payment of reasonable costs by the requesting party, subject to the allocation of costs in the final award. The arbitrator shall not have the power to commit errors of law, fact, or legal reasoning. Any award may be vacated or corrected by a court of competent jurisdiction on this basis. The parties agree that the court shall have jurisdiction to review, and shall review, all challenged findings of fact and conclusions of law based on a de novo review of the arbitration record and evidence. <0 16.A.8.b Packet Pg. 364 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) EECON Construction Services in •• i i • —— • i—— - ..qa Naples Reserve Club - Contract Schedule of Values October 13, 2016 Scope Project Total Total % of total General Conditions Site Work SiteUtMdes ~ Brick Pavers _ Stacked Block - Fire Pit - Allowance Concrete/ CMU / Rebar Soil Treatment Structural Steel _ _ Aluminum Railing Sites -SSL 10.000 I It SSSW e.»% .. Iirzpr OA% . —t- m - ja- i-?-. - 0-2* 5 71 T5T52 issr Rough Carpentry Labor £5"Tnj^ackjwT - FtolstTSarpantry Materials Finish Carpentry Labor CabinetryI Casework Countertops/ " 1_J_ Waterproofing Caulking / Sealants iT% Li. ; 1 c . g*. i H 50649 * -as ,T_. •t-j-8 _n 20, n • IS w. * t Mutation ^ Overhead Poors Hoflow Metal Doors / Frames " Interior Wood Doors / Hardware' " P(5T Doors/ Windows Vftrprs Stucco Framing / brywal / FRP Floor /-WW'T3e 1«M 1.486 rr"" f 1 0.2*-1: 17% 47^ S HTl '2M MB 2: 5 Acoustical Ceilings s - * „ 0.1% -LVT Flooring Lotters/ $ I $ 8.1 Numbers/"Signs T' mis™ triers Prefab. FvepIecsW cast stone" hearth" 0.1' 5 Bath Accessories Louvers/Vents Toflet'PsdttorW if Mr TS Decorative Shutters / Columns / Brackets $ Pool mdod-ngHeat 8 T 6j 4. 0.3% 3 " 0. «lM 68 » ^"Courts/VOtey**, " ffegrUters Plumbing Gas Pip^c - fcropane • Allowance Be^fcal-lnc Lbw VoBape - By owner a w 8 3P "1.2%" !i :.r T8% JL. 1 " H""-81 Fixtures 1 5 Subtotal % 6.141.919 <5L i Umb Liability Insurance; t, _ ^Sv4i9 0;& Project Total! > 6,614,618 i 100% 92% 16.A.8.b Packet Pg. 365 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) © J.* 0 -«. I» » 1 «r « w I** •Nl/M U.UAVu •WW M i = •J »*v« Mn/rvK '•w NU/oni avam »»IWIWII Mivmi •vivw «*«• -WTO MMMt •3 • t : ^ avaru MVHW anxa WMi/u MfMTtt MHOf-" W X® WW. UA/I» 1-n-»« MM »Cl P#U| rr.i »a 2 x u ! "H Mtlwu *.»»/» *~ivur« iMiya i «-*w iviaruw* ivw A I*> *«u/wm f*r • Miim/u UMJWI rwiv«/M wi«w Maw MUPUPlT K-nm/n wtw* IMUMVWTI OMIM/M UIM >«UWM «WU>VI 4Mrt WKJl/tt ft-bUT* law ww.'/» iwaan»: N»VV» wnw w«M «i ss u *. W)»» : *k « r WMII 41 •Ml i •V'. * IMMW r* l» ; ! rt I «n WW WW •<W WWWM • MM •nam •«r wwt *»w» wvmi *»> li i -«i it •r w •« www »*vvw «MW* uw awanahft WW -WW WWVMTW WW »®w» VI WW w vr> VIVW VW/W *M l/» WW IMVA'M MftW MVUM Uo*Vl)m M«n/w k/'/v* artvw «*viim Maryw wm/w. *>v»» MWwrw )*» W^VtS/H i«Mf)« wvarw wftant IM -WVWH I^inuu MVWH waiv.i 1 5 >i MUfVli \ J w r M ••MM ii : x» : i M-L » lot Ct : f .•, * « *> u* \ ti ia 5 u f a ! / I. IVWJ» ta.VU/11 "•» Minim hnwi !«"• »»VUI» WWI» 3 r >. _2_ . 16.A.8.b Packet Pg. 366 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) S;i ; t i'-5 55 5 rfl illilliv I * » *'» axalsirtlrajttfl » o-c.r ii«3,niS i«. utttct . F11!! SPlfiP" : r5iilij.ll fiiiHIfiriififHItiifi iiimmilfirmt iiii i iilliiii ilHIiimiliiiiiillii! iliiiHHilmilli iiil lilliili lilliillisMlliiliiii) !l!llill!liim!l! HIP I » a s' cM Ui J< ml* i * / Si r f ( * r rr -I :? r r,S 5! r i a (l r t V *r«J 16.A.8.bPacket Pg. 367Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) H i«? 6 «1i 5 S 8,6, • g g"8 5.6-.3;S' • Hi I! c H i ifff iISSiil!ii!llliiS!iSf r riiiff Wiiiiiiiliiitfti1 5 I y af ?! c 3 •y -' I -d 5 rsn N*" r..i r J hi -y !S :s r? 5 ;< 3 •:« -i :s :c y 16.A.8.bPacket Pg. 368Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2) EECON Construction Services Naples Reserve Club - Contract Schedule of Values October 13, 2015 Project Total Scope Total %of total General Conditions ; IS 360,000.00 6.4% 7.3% S 408,668 Site Work Site Utilities : •• - I $ 229.517 - ; 4.1% Brick Pavers S 131,527 2.3% Aluminum Railinq l$ 59.105 I 1.1% - Rough Carpentry Materials RougMCarpentry Hardware Rough Carpentry Labor $ 81,688 i.O/o s 2.4% 5^649 Timber Truss Package $ %&£•? Finish Carpentry Labor $ 143,200 2.6% r«n?TTgCTigr^;ax^55SBsa8^^EE 29,31 0.5' Countertops $ 0.1 Caulking / Sealants S 133,506 2.4% Roofini ad Doors 0.0% S 1,41 0.2% Interior Wood Doors / Hardware RdTPoors /.White Mirrors I $ 12,403 $ 3,005 0.1% 2.2% / Framing / 3,583 0.1% Acoustical Ceilings 0.0% Rubber $ 1. 2.2% Painting iliW EWE»aMI.!.WkfiE sa mm Bath Accessories i 5 17,179 0.3% L i a*9'f|lvllllf Toilet Partitions $ 15,606 0.3% SS,M"- 1.4% 1.0% /Brackets $ 681,625 12.1% mm s 0.I Chickee Huts Fire Sprinklers $ 65,252 1.2% ias Piping - Propane - Allowance ilectrical - Including Fixtures I ow voltage - ay owner S 0.0% Subtotal! $ 5,141,919 92% GL & Umb Liability Insurance! $ Fee-$ 51,419 | 421,180 I 0.9% 7.5% Project Total j $ 5,614,518 100% 16.A.8.b Packet Pg. 369 Attachment: Exhibit A (4965 : Final Acceptance of Utilities - Naples Reserve Island Club Phase 2)