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Agenda 01/17/2020 (continued from 1/13/20) Cedar Hammock Community Development District Board of Supervisors Norman Day,Chairman Justin Faircloth,District Manager Quentin Greeley,Vice Chairman Sam Marshall,District Engineer Fred Bally,Assistant Secretary Dan Cox,District Counsel John Martino,Assistant Secretary Gene T.Bolton,Assistant Secretary Continued Meeting Agenda January 17,2020—2:00 p.m. 1. Roll Call 2. Approval of Agenda 3. Public Comments on Agenda Items 4. Old Business A. Bulkhead&Bridge Repair/Replacement Project Update i. Contract Discussion for Glase Golf ii. Contract Discussion for Artistic Structures iii. Contract Discussion for Kip Schulties Golf Design Inc iv. Bank Loan Discussion 5. New Business 6. Attorney's Report 7. Engineer's Report 8. Manager's Report A. Approval of the Minutes of December 9,2019 Meeting B. Acceptance of the Financials C. Follow Up Items 9. Supervisors Requests 10.Audience Comments 11.Adjournment ?';apLrEi s Daiill us PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 Notice of Meetings Cedar Hammock CEDAR HAMMOCK COMMUN ITY INFRAMARK Community Development 210 N UNIVERSITY DR 702 District The Board of Supervisors of CORAL SPRINGS,FL 33071 the Cedar Hammock Com- munity Development District will hold their meetings for Fiscal Year 2020 at the Cedar Hammock Clubhouse, 8660 Affidavit of Publication Cedar Hammock Boulevard, STATE OF WISCONSIN Naples, Florida at 2:00 p.m.on the second Monday of the fol- COUNTY OF BROWN lowing months except as not- ed: Before the undersigned they serve as the authority, October 15,2019 2019 personally appeared said legal clerk who on oath says that Dec mberr19,201e he/she serves as Legal Clerk of the Naples Daily News, a January 13,2020 February 2020 daily newspaper published at Naples, in Collier County, March 9,2020 µl U Florida; distributed in Collier and Lee counties of Florida; April 13,2020 that the attached copy of the advertising was published in May 11,2020 said newspaper on dates listed. Affiant further says that the There may be occasions when said Naples Daily News is a newspaper published at one ipor more Supervisors will padiCipale by telephone. Naples, in said Collier County, Florida, and that the said Meetings may be continued time newspaper has heretofore been continuously published in which dwillll bedannouncedtarn at said the meeting. Collier County, Florida; distributed in Collier and Lee In accordance with the provi- counties of Florida, each day and has been entered as sions of the Americans with uirin re- second class mail matter at the post office in Naples, in qDisabilities Act, any person uiring special artcommada. a- said Collier County, Florida, for a period of one year next bons at this meeting because oen- preceding the first publication of the attached copy of a pairreent disability shouldor physical the contact the advertisement; and affiant further says that he has neither District Management Compa- q,paid nor promised any person, or corporation any discount, igk,ServicesatInfrastructure5 Management at (954) rebate, commission or refund for the purpose of securing 603.0033. II you are hearing this advertisement for publication in the said newspaper. or speech Impaired, please contact the Florida Relay Serv- ice at 7-1-1 for aid In contact- Published:September 20,2019 ing the District Office. Each person who decides to appeal any action taken at these meetings Is advised that person will need a record of Subscribed and sworn to before on September 20,2019: the proceedings and that ac- cordingly, the person may need to ensure that a verba- tim record of the proceedings is made, including the testi- mony and evidence upon l'vt uv c2l r.x:.4..,.) which such appeal is to be based. Notary,Slate of WI,County of Brown Justin Faineloth District Manager Al1A MONC)I C)C:.l-i Sgp,80b2019 Nr,i.rry Public N �S 5 6 Sint of VViSC:urlsIO My commission expires August 6,2021 Publication Cost$234.50 Ad No:0003586506 Customer No:1304217 PO#: FY2020 Meetings AGREEMENT THIS AGREEMENT is dated as of the day of in the year 2020 by and between: Cedar Hammock CDD c/o Inframark Infrastructure Management Services 5911 Country Lakes Drive Fort Myers, Florida 33905 (hereinafter called OWNER)and Artistic Structures, Inc. 8415 SW Riverside Drive Arcadia, Florida 34269 (hereinafter called CONTRACTOR) OWNER and CONTRACTOR,in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1, WORK 1.1 CONTRACTOR shall complete all Work as specified or indicated In the Contract Documents, The Work is generally described as follows: CEDAR HAMMOCK BRIDGE AND BULKHEAD REPAIRS AND REPLACEMENT ARTICLE 2, ENGINEER 2.1 The Project has been designed by Kipp Schulties Golf Design, Inc, 123 Andros Harbour Place, Jupiter, FL 33458, who is hereinafter called PROJECT COORDINATOR and who will assume all duties and responsibilities and will have the rights and authority assigned to PROJECT COORDINATOR ,in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Bridging Solutions shall serve as the CONSULTING ENGINEER and shall assume all duties and responsibilities and will have the rights and authority assigned to CONSULTING ENGINEER in the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 Subject to OWNER receiving funding,the Work will commence on February 18, 2020 and be substantially completed by July 1, 2020, and completed and ready for final payment in accordance with Paragraph 14.13 of the General Conditions July 31, 2020. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 3.1 above, plus any CEDAR HAMMOCK Bridge and Bulkhead Replacement A-1 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_05_Agreement Artistic Structures modified 01172020,doc extensions thereof allowed in accordance with Article 1 of the General Conditions, They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time, Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not a penalty) CONTRACTOR shall pay OWNER One Thousand Dollars($1,000.00)for each day that expires after the time specified in Paragraph 3.1 for substantial completion until the Work Is substantially complete. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance and completion of the Work in accordance with the Contract Documents in current funds as specified by the unit price schedule Bid Form which is an exhibit to this agreement and is part of the Contract Document. The total of the unit price Contract is $352,300.00. ARTICLE 5. PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions as modified by the Supplementary Conditions. Applications for payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER,on or about the fifteenth day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in Paragraph 14.1 of the General Conditions. 5.1.1. Prior to and upon Substantial Completion, progress payments will be in an amount equal to 90%of the Work completed in accordance with Paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with Paragraph 4.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner my affect cost, progress and performance of the Work. 6.2 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies as he deems necessary for the performance of the Work at the Contract price, within the Contract time and in accordance with the other terms and • CEDAR HAMMOCK Bridge and Bulkhead Replacement A-2 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCoche\Content.Outlook\AOPCHY39\1263CDD_05_Agreement Artistic Structures modified 01 172020.doc conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.3 CONTRACTOR has reviewed and checked all information and data shown or Indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Under- ground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar Information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms, and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.3 of the General Conditions. 6.4 CONTRACTOR has correlated the results of all such observations,examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER and is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement,made a part hereof and consist of the following: 7.1 This agreement(pages A-1 to A-5, inclusive) Bid Form (pages B-1 to B-9) 7.2 General Conditions(pages 1 to 44, Inclusive) 7.3 Supplementary Conditions(pages SC-1 to SC-6, inclusive). 7.4 General Specifications(Pages GS-1 to GS-11, inclusive). 7.5 Collier County Site Development Permit (Pending), including all drawings submitted as part of the Permit approval. 7.6 South Florida Water Management District Permit (Pending), including all drawings submitted as part of the Permit approval 7.7 Forge Engineering Geotechnical Report,Proposed Bulkhead Wall Replacement Project, Cedar Hammock Community, Dated October 30, 2018. 7.8 Banks Engineering Cedar Hammock Wall Replacement Survey Dated January 27, 2017. 7.9 KSGDI Cedar Hammock CDD Presentation of Concepts October 6, 2019. CEDAR HAMMOCK Bridge and Bulkhead Replacement A-3 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_05_Agreement Artistic Structures modified 01 172020.doc 7.10 KSGDI 2020 Cedar Hammock CDD Bid Documents Updated October 7, 2019. 7.11 BSLLC Contractor Bid Form-Cedar Hammock. 7.12 BSLLC Contractor Bid Form-Bridge Repairs. 7.13 BSLLC Base Bid Bridge Section. 7.14 BSLLC Alternate Bid Bridge Section(H 10). 7.15 BSLLC TanDeck Brochure Digital 11_05_15, 7.16 BEI MAP EXHIBIT, Cedar Hammock Drainage exhibit 1/14/2019, Exhibit"D" -Contractor's Application for Payment Exhibit "E" - Insurance Requirements, which must name the District and Cedar Hammock Golf and Country Club Master Association, Inc., as additional insureds. Exhibit"F"-Waiver& Release of Lien Upon Final Payment and Waiver& Release of Lien Upon Progress Payment Exhibit"G"-Contract Change Order Form There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in Section 1 of the General Conditions.) ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitations, moneys that may become due and monies that are due may not be assigned without such consent(except to the extent that the affect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself,his partners,successors,assigned and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants,agreements and obligations contained in the Contract Documents. 8.4 CONTRACTOR shall adhere to and abide by all conditions specified in all permits obtained from agencies for the construction of this project including but not limited to the South Florida Water Management District drainage permit, the Collier County Site Work CEDAR HAMMOCK Bridge and Bulkhead Replacement A-4 C:\Users\dmanzo\AppData\Local\Microsoff\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_05_Agreement Artistic Structures modified 01 172020.doc Permit and Collier County Building permits, or other applicable jurisdictional agency construction permit. 8.5 CONTRACTOR agrees to comply with Florida's public records law by keeping and maintaining public records that ordinarily and necessarily would be required by the DISTRICT in order to perform the services under the Agreement by doing the following: upon the request of the DISTRICT's Custodian of Public Records, providing the DISTRICT with copies of or access to public records on the same terms and conditions that the DISTRICT would provide the records and at a cost that does not exceed the cost provided by Florida law; by ensuring that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following completion of the Agreement if the CONTRACTOR does not transfer the records to the DISTRICT;and upon completion of the Agreement by transferring,at no cost,to the DISTRICT all public records In possession of the CONTRACTOR or by keeping and maintaining all public records required by the DISTRICT to perform the services. If the CONTRACTOR transfers'all public records to the DISTRICT upon completion of the Agreement,the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the DISTRICT, upon request from the DISTRICT's Custodian of Public Records,in a format that Is compatible with the information technology systems of the DISTRICT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS WORK ASSIGNMENT,CONTACT THE DISTRICT'S CUSTODIAN OF PUBLIC RECORDS SANDRA DEMARCO, AT INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES 210 N. UNIVERSITY DRIVE SUITE 702 CORAL SPRINGS, FL 33071, 954-753-5841 EXT. 40532, OR SANDRA.DEMARCO@INFRAMARK.COM. This Agreement will be effective on , 2019. OWNER: CONTRACTOR: Cedar Hammock CDD By: By: (CORPORATE SEAL) Attest: Attest: Address for Given Notices: Address for Given Notices: Cedar Hammock CDD c/o Inframark Infrastructure Management Services 5911 Country Lakes Drive Fort Myers, Florida 33905 CEDAR HAMMOCK Bridge and Bulkhead Replacement A-5 C\Users\dmanza\AppData\Local\Microsoft\W'indows\INetCache\Content.Outlook\AOPORY39\1263CDD_05_Agreement Artistic Structures modified 01172020.doc (License No, and State) CEDAR HAMMOCK Bridge and Bulkhead Replacement A-6 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_05_Agreement Artistic Structures modified 01172020.doc AGREEMENT THIS AGREEMENT is dated as of the day of in the year 2020 by and between: Cedar Hammock CDD c/o Inframark Infrastructure Management Services 5911 Country Lakes Drive Fort Myers, Florida 33905 (hereinafter called OWNER) and Kipp Schulties Golf Design, Inc 123 Andros Harbour Place Jupiter, FL 33458 (hereinafter called CONSULTANT) OWNER and CONSULTANT, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK 1.1 CONSULTANT shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: CEDAR HAMMOCK BRIDGE AND BULKHEAD REPAIRS AND REPLACEMENT Continued Design, Construction Coordination and Project Accounting ARTICLE 2. ENGINEER 2.1 The Project has been designed by CONSULTANT, who is hereinafter called PROJECT COORDINATOR and who will assume all duties and responsibilities and will have the rights and authority assigned to PROJECT COORDINATOR in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Bridging Solutions shall serve as the CONSULTING ENGINEER and shall assume all duties and responsibilities and will have the rights and authority assigned to CONSULTING ENGINEER in the Contract Documents. ARTICLE 3. CONTRACT PRICE 3.1 Subject to OWNER receiving funding, OWNER shall pay CONSULTANT for performance and completion of the Work in accordance with the proposal dated November 8, 2019, which Is incorporated herein, in as part of the Contract Document. ARTICLE 4 PAYMENT PROCEDURES CEDAR HAMMOCK Bridge and Bulkhead Replacement A-1 C:\Users\dmanza\AppData\Local\Microsof\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_05_Agreement Shulties modified 01162020(003).doc CONSULTANT shall submit Applications for Payment monthly. Applications for payment will be processed by the District Manager and paid within thirty days of the District Manager's approval. ARTICLE 5. MISCELLANEOUS 5.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 5.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitations, moneys that may become due and monies that are due may not be assigned without such consent(except to the extent that the affect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 5.3 OWNER and CONSULTANT each binds himself, his partners,successors,assigned and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants,agreements and obligations contained in the Contract Documents. 5.4 CONSULTANT shall adhere to and abide by all conditions specified in all permits obtained from agencies for the construction of this project including but not limited to the South Florida Water Management District drainage permit, the Collier County Site Work Permit and Collier County Building permits, or other applicable jurisdictional agency construction permit. 5.5 CONSULTANT shall obtain and maintain the insurance coverages described in Exhibit B, naming DISTRICT as an additional insured. 5.5 CONSULTANT agrees to comply with Florida's public records law by keeping and maintaining public records that ordinarily and necessarily would be required by the DISTRICT in order to perform the services under the Agreement by doing the following: upon the request of the DISTRICT's Custodian of Public Records,providing the DISTRICT with copies of or access to public records on the same terms and conditions that the DISTRICT would provide the records and at a cost that does not exceed the cost provided by Florida law; by ensuring that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following completion of the Agreement if the CONSULTANT does not transfer the records to the DISTRICT;and upon completion of the Agreement by transferring,at no cost,to the DISTRICT all public records in possession of the CONSULTANT or by keeping and maintaining all public records required by the DISTRICT to perform the services. If the CONSULTANT transfers all public records to the DISTRICT upon completion of the Agreement,the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the Agreement, the CONSULTANT shall meet all applicable requirements for retaining public records, All records stored electronically must be provided to the DISTRICT, upon request from the CEDAR HAMMOCK Bridge and Bulkhead Replacement A-2 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_05_Agreement Shultes modified 01162020(003).doc DISTRICT's Custodian of Public Records,in a format that is compatible with the information technology systems of the DISTRICT. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS WORK ASSIGNMENT,CONTACT THE DISTRICT'S CUSTODIAN OF PUBLIC RECORDS SANDRA DEMARCO, AT INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES 210 N. UNIVERSITY DRIVE SUITE 702 CORAL SPRINGS, FL 33071, 954-753-5841 EXT. 40532, OR SANDRA.DEMARCO@INFRAMARK.COM. This Agreement will be effective on , 2019. OWNER: CONSULTANT: Cedar Hammock CDD By: By: (CORPORATE SEAL) Attest: Attest: CEDAR HAMMOCK Bridge and Bulkhead Replacement A-3 C:\Users\dmonza\AppData\Local\Microsoft\Windows\INetCache\Content.Ouflook\AOP0HY39\1263CDD_05_Agreement Shuffles modified 01162020(003).doc SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions and other provisions of these Contract Documents as indicated below. All provisions of the Standard General Conditions which are not so amended or supplemented remain in full force and effect. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY The terms used in these Supplementary Conditions which are defined In the Standard General Conditions have the meanings assigned to them in the Standard General Conditions. 1.01 Defined Terms Add the following definition: 51. Plans-A term which may be used interchangeably with the terms"Drawings" and which will have the same meaning. ARTICLE 2-PRELIMINARY MATTERS Delete the third sentence of Paragraph 2.03 in Its entirety. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.02 A. Subsurface and Physical Conditions No subsurface explorations have been made by ENGINEER in the preparation of the Contract Documents, CONTRACTOR has, however, conducted its own investigation of both surface and subsurface conditions and has based its bid thereon. All provisions in this section as to possible relief due to differing subsurface conditions are not applicable as CONTRACTOR's bid is based on performance. ARTICLE 5- BONDS AND INSURANCE 5,05 OWNER'S Liability Insurance Delete Paragraph 5.05 in its entirety. 5.06 Property Insurance Delete Paragraphs 5.06A, 5.06,8 and 5.06.0 in their entirety. Delete Paragraph 5.06.E of the General Conditions in its entirety. 5.07 Waiver of Rights Delete Paragraph 5,07 of the General Conditions in its entirety. 5.08 Receipt of Application of Insurance Proceeds Delete Paragraph 5.08.A of the General Conditions in its entirety. Delete the second sentence of Paragraph 5.08.B. CEDAR HAMMOCK CDD SC-1 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOP0HV39\1263CDD_SupplementaryConditions modified 01152020.doc ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 6.02 Labor; Workinca Hours Delete paragraph 6,02,B in its entirety. Add new paragraphs immediately after 6.02.6 of the General Conditions reading as follows: 6.02.0 Suitable qualified personnel means the survey work must be supervised by a Surveyor, registered in the State of Florida, meeting the ENGINEER'S approval. 6.02.D All construction layout work shall meet or exceed the minimum technical standards as set forth in Chapter 21 HH, Florida Administrative Code. 6.08 Permits Replace paragraph 6.08.A with the following: A, OWNER shall obtain and pay for applicable impact fees and all permits required for the approval of the construction plans and specifications and the issuance of applicable permits by County and State regulatory agencies. OWNER shall also pay applicable inspection fees necessary for the prosecution of the Work, OWNER either has secured or will secure permits from South Florida Water Management District (ERP), from Colter County (site work permit), and from Florida Department of Environmental Protection (NPDES). CONTRACTOR is responsible for obtaining any additional construction permits including, but not limited to, Building Permits, including any required bonds, 6.12 Record Documents Delete the last sentence of paragraph 6.12.A. Add the following paragraph: 6.12.8. CONTRACTOR shall be responsible for preparing and delivering to ENGINEER final record drawings meeting the requirements hereof and all tests results required by the Specifications prior to the notification of Substantial Completion pursuant to Section 14.04 A. ARTICLE 12-CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price Add the following paragraphs at the end of paragraph 12.01,6.3: 12,0113.4 Whenever a change in the Work is to be based on mutual acceptance of a lump sum pursuant to Paragraph 12,01.6.2, whether the amount is an addition, credit or no change-in-cost, CONTRACTOR shall submit an estimate substantiated by a complete itemized breakdown, The breakdown shall list quantities and unit prices for materials, labor, equipment, overhead and other items of cost. 12.01.6.5 Whenever a change involves the CONTRACTOR and one or more SUBCONTRACTOR'S and the change is an increase in the Contract Price, overhead and profit percentage for the CONTRACTOR and each SUBCONTRACTOR shall be itemized separately, CEDAR HAMMOCK CDD SC-2 C\Users\dmanza\AooData\Local\Microsoft\Windows\INetCache\Content,Outlook\AOPDHV39\1263CDD_SupplementaryConditlons modified 01152020.doc 12.02 Chance of Contract Time Add the following to the end of paragraph 12.02.B: The time lost due to delays beyond the control of the CONTRACTOR will be considered to be equivalent to the number of days the path of critical events is lengthened by the delay regardless of the duration of the delay. CONTRACTOR shall indicate this path of critical events, by diagram or narrative, in such detail as may be necessary to justify the claim and establish the number of days delay. The path of critical events is defined as that series of interdependent construction events which must be sequentially performed requiring a longer total time to perform than any other series. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13,03 Tests and Inspections Add the following language at the end of paragraph 13.03.A: "Timely Notice" shall mean communication of intent within 48 hours. Delete Paragraph 13.03.B in its entirety and add in its place: B. The cost of all geotechnical and material testing shall be paid by owner. Contractor is responsible for all other tests required by the Contract Documents and for scheduling all testing. Testing shall be initially paid by the CONTRACTOR and reimbursed by OWNER for all passing tests pursuant to the Bid Schedule. The testing shall be performed by a certified laboratory and all tests shall be signed and sealed by a Florida licensed professional ENGINEER. Delete Paragraph 13.03.0 in its entirety and add in its place: C. Inspections by ENGINEER notwithstanding, portions of the Work which are covered by existing governmental agency permits will not be considered complete until it is inspected and/or approved by the appropriate agencies, CONTRACTOR may not, therefore, request ENGINEER to issue a Certificate of Substantial Completion on the Work or any portion thereof pursuant to Section 14.04 A. until it has delivered all test results to ENGINEER and the Work has been approved. CONTRACTOR shall, therefore, assume full responsibility for arranging and obtaining such inspections, tests or approvals. So as to facilitate the testing of the Work and the establishment of conformance of the construction with the applicable regulations, CONTRACTOR shall arrange for portions of the Work to be inspected and approved as construction progresses, ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION 14.02 Progress Payments A. Applications for Payments Replace paragraph 1. with the following: 1. At least 20 days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by the results of the testing of the Work CEDAR HAMMOCK CDD SC-3 C\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content,Outlook\AOPOHY39\1263CDD_SupplementaryCondltIons modified 01152020.doc pursuant to Paragraph 13.03 B. and field survey data proving conformance of the Work with the requirements of the Contract Documents. Progress payments may not include the cost of materials and equipment not incorporated in the Work. B. Payment Becomes Due Delete the language "Ten days" in paragraph 14.02.0,1 and replace with the language "Thirty (30) days". ARTICLE 16-DISPUTE RESOLUTION 16.01 Methods and Procedures Delete paragraph A. and replace it with the following: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.07) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of this Article 16. This Agreement so to arbitrate and any other Agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER Initially for decision in accordance with paragraph 9.09 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9 09; and the failure to demand arbitration within said thirty days period will result in ENGINEER'S decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.08 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.08. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for information will be made within the thirty-day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim dispute or other matter in question has arisen and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim dispute or other matter in question would be barred by the applicable statute of limitations. CEDAR HAMMOCK CDD SC-4 C'.\Users\dmanza\AppDota\Local\Microsoft\Windows\I NetCache\Content.Outlook\AOPOHY39\1263CDD_SupplementaryConditions modified 01152020.doc 16.4. Except as provided In paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER'S Consultant and the officers, directors, agents, employees or consultants of any of them)who is not a party to this Contract unless: 16.4.1, the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 16.4.2, such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings; and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such Inclusion, which consent shall make specific reference to this paragraph, but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5, Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a SUBCONTRACTOR, either OWNER or CONTRACTOR may join such SUBCONTRACTOR as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all Sub-Contracts required by paragraph 6.11 a specific provision whereby the SUBCONTRACTOR consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such SUBCONTRACTOR. Nothing in this paragraph 16.5 nor in the provision of such Sub-Contract consenting to joinder shall create any claim, right or cause of action in favor of SUBCONTRACTOR and against OWNER, ENGINEER or ENGINEER'S Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final. Judgment may be entered upon it in any court having Jurisdiction thereof and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("'disputes") to mediation by The American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in Initiating arbitration would irrevocably prejudice one of the parties. The respective thirty- and ten-day time limits within which to file demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such CEDAR HAMMOCK CDD SC-5 C\Users\dmanza\AppData\Local\Microsoft\\Mndows\INetCoche\ConfentOutlook\AOPOHY39\I263CDD_SupplementaryCcnditions modified 01152020.doc dispute unless otherwise agreed. • CEDAR HAMMOCK CDD SC-6 C,\Users\dmanza\AppDato\Local\Microsoft 1Windows\INetCache\Content.Outlook1AOPOHY39\1263CDD SupplementaryConditions modified 01152020.doc GENERAL SPECIFICATIONS GS-1 SCOPE The General Specifications describes the CONTRACTOR'S responsibilities for all work under this Contract in addition to the more specific requirements of the Technical Specifications. GS-2 DEFINED TERMS The terms used in these General Specifications and Technical Specifications which are defined in the General Conditions have the meanings assigned to them in the General Conditions. GS-3 STANDARD SPECIFICATION REFERENCE All work, materials and construction methods will be in general conformance with the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction," latest edition, hereinafter referred to as F,D.O.T. Specifications or F.D.O.T. Section for any particular section reference. Some work materials and construction methods will be in strict conformance with the F.D.O.T. Specifications as set forth in the Technical Specifications by the applicable F,D.O.T. Section Numbers. Where F,D.O.T. Section cited contains references to other Sections,they shall also be included as though cited herein. Where F.D,O,T. Specifications refer to the "Engineer," "Engineer of Tests," or "Division of Tests,"it shall be understood to mean the ENGINEER as such in the Agreement. Where F.D.O.T. Specifications refer to the 'Department," it shall mean the OWNER as set forth in the Agreement. In case of conflict between the referenced F,D.O.T.Specifications and the Contract Documents, the Contract Documents shall govern. Reference to A,A.S,H.T.O. and A.S.T.M are to the latest editions of published Tests of the American Association of the State Highway and Transportation Officials and the American Society for Testing Materials, respectively. GS-4 MAINTENANCE OF TRAFFIC The CONTRACTOR shall maintain traffic within the limits and adjacent to the construction as required by and in accordance with F.D.O.T Section 102, Federal Highway Administration Manual on Uniform Traffic Control Devices Part VI, and any applicable local regulations. The CONTRACTOR shall perform all construction activity so that access to the homes and offices can be maintained at all times and access to occupied homes can be maintained during non-working hours. Prior to access blockage, written notice will be given to the blocked resident a minimum of 48 hours in advance, either mailed or hand delivered with a copy of each furnished to the ENGINEER. GS-5 TREE AND SHRUB PROTECTION A. CONTRACTOR shall exercise care to protect all trees and shrubs designated to remain or not required to be cleared for construction. Trees and shrubs outside CEDAR HAMMOCK CDD GS-1 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_GeneralSpecs Final MODIFIED 01172020.doc construction limits shall remain and shall be protected, and where damaged, restored to original condition. Trees damaged within the construction limits due to negligence shall be restored to original condition. B. Tree limbs which interfere with construction operations and are approved for pruning shall be neatly cut with sharp pruning instruments;do not break or chop. All cut faces shall be coated with an approved tree pruning compound which is waterproof, antiseptic, elastic and free of kerosene, coal tar, creosote and other substances harmful to plants. Pruning operations shall be extended to restore the natural shape of the entire tree or shrub. C. CONTRACTOR shall protect tree and shrub root systems. Do not store construction materials,debris or excavated materials beyond construction limits. Do not permit vehicles or construction equipment beyond the limits of utility construction. Restrict foot traffic to prevent excessive compaction of soil over root system. Excavated material shall be stockpiled away from tree drip lines as approved by the ENGINEER. Protect tree and shrub root systems from damage due to noxious materials in solution caused by runoff or spillage during construction, operations or drainage from stored materials. Protect root systems from flooding, erosion or excessive wetting resulting from dewatering operations, Excavate within the drip line of trees only when approved by the ENGINEER. Where trees are designated to remain within the limits of construction and trenching for utilities is required within tree drip lines, cut roots with sharp pruning instruments; do not break or chop. Paint roots over 2"caliper with approved tree pruning compound. D. Trees damaged by construction operations shall be repaired promptly after damage occurs to prevent progressive deterioration of damaged trees. Removed trees, branches, roots and other excess materials shall be removed from the con- struction site to an approved landfill at the expense of the CONTRACTOR. GS-6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract, buildings, telephone or other cables, water pipes, sanitary pipes or other structures which may be encountered,whether or not shown on the Drawings, Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the ENGINEER. This information is not guaranteed, however, and it shall be this CONTRACTOR'S responsibility to determine the location, character and depth of any existing utilities. He shall assist the utility companies by every means possible to determine said locations. Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities. GS-7 ADJUSTMENT OF GRADES Adjustments of grades shown on drawings may be necessary to conform to actual field conditions or to maintain cover under proposed future grades. Such adjustments shall be CEDAR HAMMOCK CDD GS-2 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_GeneralSpecs Final MODIFIED 01172020.doc considered part of the job conditions and no extra compensation will be allowed for such changes except where specifically otherwise noted in the plans or specifications. Such adjustments must be approved by the ENGINEER prior to being made. GS-8 TRENCH EXCAVATION AND BACKFILLING 8.1 Protection of Existing Improvements Prior to excavating any section of work, the CONTRACTOR shall call all applicable underground utility companies and inform them that work on the specific section is about to commence and request that they field locate their utilities in the area. When proceeding with the work, the contractor shall exercise caution to protect all underground and overhead utilities and existing structures from damage. The CONTRACTOR shall provide all sheeting, shoring and bracing that may be required to properly protect adjacent property and structures. The CONTRACTOR shall repair to the satisfaction of the OWNER any surface or subsurface improvements damaged during the course of the work(unless such improvement is shown on the drawing). Should any utilities be encountered that are not shown on the drawing,the CONTRACTOR shall immediately notify the ENGINEER and shall take whatever caution necessary to protect the utility. 8.2 Trench Excavation All trenches will be open cut except where the ENGINEER gives written permission for tunneling. Unless otherwise specified, the CONTRACTOR may use the type of equipment he considers best to perform the excavation provided it is done within the work limits shown. The trenches should be at 12"above the pipe, no wider than 12" plus the outside diameter of the pipe unless otherwise required for the safe and proper execution of the work. 8.3 Pipe Bedding Perform final grading of trench bottoms by hand tools. Carry machine excavation only to such depth that soil bearing for pipes will not be disturbed. Grade the bottom of trenches evenly to insure uniform bearing for all pipes. Cut holes as necessary for joints and joint making. (1)As an alternate method,option with the CONTRACTOR,excavate trenches to at least 4 inches below the required bottom levels and refill to the proper grade with sand and gravel firmly compacted. (2) In Rock, cemented gravel, old masonry or other hard material, excavate to at least 4 inches below the pipe at all points and refill to grade with sand and/or gravel firmly compacted. (3) In fill containing refuse, organic matter or similar substances, or any other material deemed unsuitable by the ENGINEER, shall be removed and clean fill or CEDAR HAMMOCK CDD GS-3 C:\Users\dmanza\AppData\Local\Microsoft Windows\INetCache\Content.Outlook\AOPCHY39\1263CDD_GeneralSpecs Final MODIFIED 01172020.doc gravel placed in the trench and firmly compacted. 8_4 Soil Materials for Trench Backfillinq 1. Satisfactory trench backfill materials are defined as those soils complying with American Association of State Highway and Transportation Officials(AASHTO)Soil Classification Groups A-1, A-2, A-3, A-4, A-5, A-6, A-7-5 or A-7-6 providing such materials have a liquid limit not greater than 50, nor a plastic index not less than 7 nor greater than 20. Satisfactory soil materials shall be free of debris,waste, rock or gravel larger than 4 inches in any dimension. 2. Select materials are defined as those materials meeting the requirements for satisfactory trench backfill materials except that the material shall be free of rock or gravel larger than 2 inches in any dimension. Select materials from an offsite source shall be used for all utility backfill. 3. Unsatisfactory soil materials are defined as rock greater than 4 inches in any dimension, organic materials or soil materials with a liquid limit greater than 50, and/or plastic index less than 7 or greater than 20. 4. Granular Pipe Bedding Material - Granular pipe bedding material shall be well graded crushed stone or crushed gravel meeting the requirements of ASTM Designation C-33, Graduation No. 67 (3/4 inches to No. 4 Sieve). 8.5 Rock Excavation Material to be excavated hereunder in trenches for utilities shall include earth, rock or any other material encountered in excavating to the depth and extent indicated on the drawings and herein specified. No adjustment in the contract price will be made on account of the absence or presence of rock, shale, masonry or other materials. In the case of any change ordered in writing by the ENGINEER in the quantity of excavation,the excavation involved shall be unclassified;the value shall be determined,and the contract price will be adjusted as provided in the general conditions. Rock excavation for structures other than manholes shall be carried a minimum of 6"below the bottom of the structure. Rock excavation for sanitary manholes shall be a minimum of 12"below the bottom of the structure. The excavation will be brought back to grade with crushed gravel or sand, Any excess rock(larger than 4"in diameter)beyond that used in the fill areas of the project shall be disposed of off site. CONTRACTOR is responsible for the transportation of all rocks to the rock burial area, including all trenching and placement of rock in the burial area. Excavation and backfilling of the rock burial areas will be provided by CONTRACTOR. 8_6 Water Removal CONTRACTOR shall keep trenches free from water while construction is in progress. Under no circumstances lay pipe or appurtenances in water. Pump or bail water from trench and bell holes to permit proper jointing of pipes. Conduct the discharge from trench dewatering to drains or natural drainage channels. The CONTRACTOR shall provide CEDAR HAMMOCK CDD GS-4 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Cutlook\AOPOHY39\1263CDD_GeneralSpecs Final MODIFIED 01172020.doc adequate equipment for removal of storm or surface water from the excavation area. If subsurface water is encountered,the CONTRACTOR shall use approved means to dewater the excavation. A well point system or other approved equipment shall be installed, if necessary, to maintain the excavation in a dry condition for placing structures and installing lines. The CONTRACTOR shall perform all dewatering operations so as not to cause injury to public or private property or cause a nuisance or menace to the public and he shall be solely responsible for obtaining any approvals or permits required for the disposal of water removed from the excavations.All dewatering activities shall be considered incidental to structure installation and will be considered to be included in the unit prices for pipe or structure installation. 8.7 Shoring Unless trenches banks are cut back on a staple slope.CONTRACTOR shall sheet and brace trenches as necessary to prevent caving or sliding,to provide protection for workmen and the pipe,and to protect adjacent structures and facilities. Do not brace sheeting against the pipe but brace it so that no concentrated loads of horizontal thrust are transmitted to the pipe. It a portable metal box is used for bracing the slopes,take care not to disturb the pipe when the box is removed. All trenching and shoring shall be in accordance with OSHA requirements. 8.8 Disposition of Utilities Rules and Regulations governing the respective utilities shall be observed In executing all work under this heading. Active utilities, if encountered,shall be protected in accordance with written instructions of the ENGINEER (See GENERAL CONDITIONS). Inactive and abandoned utilities encountered in trenching operations shall be removed, plugged or capped. In absence of specific requirements, plug or cap such utilities lines at least 3 feet from utility to be installed or are required by local ENGINEERs. 8.9 Excess Excavated Material Unless otherwise specified, all suitable excavated material in excess of the needs for backfill and area fill shall become the property of the OWNER. All unsuitable material for backfill or area fill shall become the property of the CONTRACTOR and shall be removed from the project. 8.10 Backfilling Backfilling trenches only after piping has been inspected,tested and locations of pipe lines and appurtenances have been recorded unless otherwise approved by ENGINEER. CONTRACTOR shall follow all Collier County Utilities requirements for utility backfill. Pipes should be backfilled a minimum of 12"above the top of the pipe immediately after laying with select backfill material. The backfill material shall be clean sand with a moisture content of eight to eleven percent.The first 12"of backfill shall be placed in a maximum of 6 layers; backfill shall be tamped under and around the pipe carefully and uniformly so as CEDAR HAMMOCK CDD GS-5 C:\Users\dmanza\AppData\Local\Microsoft\Windows\I NetCac he\Content.Outlook\AOP0HY39\1263CDD_GeneralSpecs Final MODIFIED 01172020.doc to eliminate the possibility of any lateral displacement or settling. The remainder of the trench,with the exception of the upper foot,shall be backfilled with satisfactory trench backfill material. In the event it is the ENGINEER'S opinion that sufficient suitable material herein specified for trench backfill is not available from trenching or other excavation for the project, he may require the CONTRACTOR to supply and place the requisite additional material. All backfill shall be placed in 12"layers and compacted an average maximum density of 95% as determined by AASHTO Method T180 (Modified Projector). The backfill in the top 1'shall be the same material as specified for backfilling around the pipe. Backfill under areas to be paved shall be compacted to a minimum density of 95%as determined by AASHTO Method T18- (Modified Proctor). 8.11 Compaction TestInq Failure of CONTRACTOR to backfill by above methods may obligate CONTRACTOR to supply compaction tests as required by ENGINEER if not already required by the Technical Specifications. All soil tests will be made by a laboratory approved by the ENGINEER. Costs of testing will be paid by the CONTRACTOR. 8.12 Site Restoration All construction areas will be cleared of material and debris and brought to uniform grade within 72 hours after the backfill has been placed unless additional time is obtained from the ENGINEER In writing. Ditches shall be finished to drain readily. All construction areas will be restored to their original condition or better. All property improvements including water lines, inlets, driveways, headwalls, culverts, ditches, sidewalks,walkways,curbing,and mailboxes damaged during construction will be restored to the same or better condition they were in prior to construction. Shrubbery,fencing,signs irrigation systems and other appurtenances belonging to private property OWNERS located within the contract limits will be the responsibility of the CONTRACTOR. 8.13 Driveway Reconstruction Concrete driveways shall be repaired with Class II concrete conforming to F.D.O.T. Specifications,Section 345. The thickness shall match the original driveway thickness but in no case shall it be less than 5 inches. Concrete will be reinforced with 6x6x10x10 welded wire mesh. All joints shall be straight line vertical saw cut. Asphalt and bituminous surface treated driveways shall be repaired with 6"limerock or shell base primed and paved with a minimum of 1" Type II asphaltic concrete. Construction shall conform to F.D,O.T. Specifications,Section 200,300 and 332. All joints shall be straight line vertical saw cut. All other driveways except those of natural existing material shall be repaired with 6" of compacted shall. All joints to be neatly blended. Any driveways of special construction CEDAR HAMMOCK CDD GS-6 C:\Users\dmanza\AppData\Local\Microsoft\windows\I NetCache\ContentOutlook\AOPOHY39\1263CDD_GeneralSpecs Final MODIFIED 01172020.doc using stone, or any other material shall be repaired with the same or better-quality construction as the existing driveway. 8.14 SUBMITTALS TO ENGINEER The following Submittals must be sent to the ENGINEER by CONTRACTOR as set forth in the Supplementary Conditions, prior to the ENGINEER'S inspection, for pay request of any associated item: 1. Embankment Compaction Test, 2. Storm Sewer Backfill Compaction Test, 3. Trench Backfill Compaction Tests. 4. Pre-cast Structures Shop Drawings. Prior to Final Acceptance: • 5, Any documentation required by Collier County, 8.15 PROJECT COORDINATOR All change orders and pay request must be submitted to and approved by the Project Coordinator. GS-9 PROJECT RECORD 9.1 Description Definitions: Record copies are defined to include those documents or copies relating directly to performance of the work which CONTRACTOR is required to prepare for the OWNERS records, recording the work as actually performed. Record copies shall show all changes in the work from that shown and specified by original contract documents; and show additional information of value to OWNERS records, but not indicated by original contract documents. Record copies include newly prepared drawings,marked up copies of contract drawings, shop drawings, specifications, addenda and change orders, marked up product data SUBMITTALS,field records for variable and concealed conditions such as excavations and CEDAR HAMMOCK CDD GS-7 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_GeneralSpecs Final MODIFIED 01172020.doc foundations, and miscellaneous record information on work which is otherwise recorded only schematically or not at all. Certain individual sections of these specifications may indicate specific record copy requirements which extend requirements of this section. CONTRACTOR shall provide accurate survey information showing locations and elevations of all underground utility lines, including elevations, location and change of direction of piping, conduit, valves, fittings, tanks and manholes. 9.2 Record Drawings Markup Procedure: During progress of the work, maintain a complete blueline set of contract drawings and shop drawings with markup of actual installations which vary from the work as originally shown. 9_3 Record Specifications During progress of the work, maintain one copy of specifications including addenda, change orders and similar modifications issued in printed form during construction, and markup variations (of substance) in actual work in comparison with text of specifications and modifications as issued Identify substitutions, selection of options and similar information. 9.4 Record Product Data During progress of the work, maintain one copy of each product data submittal and markup significant variations in the actual work in comparison with submitted information. Include both variations in product as delivered to site and variations from manufacturers' instructions and recommendations for installations, Identify concealed products and portions of the work which cannot be identified after concealment. Note related change orders and markup, GS-10 SITE CLEANUP AND RESTORATION In addition to the cleaning up requirements set forth in the "General Conditions," the CONTRACTOR at all times, shall keep the working area free of tools, materials and equipment not essential to the progress of the work. Debris, waste materials and rubbish shall be properly disposed of and not allowed to accumulate. If the CONTRACTOR should fail to do this,the OWNER will make the necessary arrangements to affect the cleanup by others and will back charge the cost to the CONTRACTOR. If such action becomes necessary on the part of and in the opinion of the OWNER, the OWNER will not be responsible for the inadvertent removal of material which the CONTRACTOR would not have disposed of had he affected the required cleanup. Where material or debris has washed or flowed into or been placed in water courses, ditches, gutters, drains, catch basins or elsewhere as a result of the CONTRACTOR'S operations,such material or debris shall be entirely removed and satisfactorily disposed of during progress of the work and the ditches, channels, drains, etc., kept in a clean and CEDAR HAMMOCK CDD GS-8 C:\Users\dmanza\AppData\Local\Microsoft\Windows\I NetCache\Cantent.Outlook\AOPOHY39\1263CDD_GoneralSpecs Final MODIFIED 01172020.doc neat condition. On or before the completion of the work, the CONTRACTOR shall, unless otherwise especially directed or permitted in writing,tear down and remove all temporary buildings and structures built by him;shall remove all temporary works,tools and machinery or other construction equipment furnished by him;shall remove,acceptably disinfect and cover all organic matter and material containing organic matter in, under and around privies, houses,and other buildings used by him;shall remove all rubbish from any grounds he has occupied; and shall leave the roads and all parts of the premises and adjacent property affected by his operations, in a neat and satisfactory condition. GS-11 SURVEY REQUIREMENTS See GS-12 Below. GS-12 REFERENCE POINTS AND CONSTRUCTION STAKING CONTRACTOR will be responsible for all construction staking.The CONTRACTOR'S stakeout work shall be included in the contract unit price for the various items of work to which it is incidental unless a specific line item for surveying is included in the agreement. GS-13 USE OF EXPLOSIVES Blasting is prohibited on this project, GS-14 CONTROL OF MATERIALS The Control of Materials shall conform to F,D O.T. Specifications, Section 6. GS-15 ADDITIONAL LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC Additional legal requirements and responsibility to the public shall conform to F.D.O.T. Specifications, Section 7, with the following exceptions unless otherwise set forth in the Technical Specifications, Delete 7-13, 7-14, 7-16, 7-17, 7-22, and 7-23. GS-16 LIMITATION OF OPERATIONS Limitation of operations shall conform to F,D.O.T.Specifications in Section 8-4.1 through 8- 4.8. GS-17 SAFETY AND HEALTH REGULATIONS The CONTRACTOR shall comply with the Department of Labor Safety&Health Regulations for construction promulgated under the Occupational Safety&Health Act of 1970(PL91- CEDAR HAMMOCK CDD GS-9 C,\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_Generalspecs Final MODIFIED 01172020.doc 596)and under Section 107 of the Contract Work Hours&Safety Standards Act(PL91-54). All equipment furnished and installed under this contract shall comply to Part 1910, Occupational Safety& Health Standards &Amendments thereto. All trench safety measures for the protection of the CONTRACTORS employees and the public are the sole responsibility of the CONTRACTOR. GS-18 STATE AND FEDERAL PERMITS Construction in State Department of Transportation rights-of-way,construction in wetlands and navigable water bodies will be governed by applicable State and Federal permits. All conditions set forth on the permits shall be a part of the contract and they shall be attached by addendum. GS-19 INSPECTION The authorized representatives and agents of the OWNER, ENGINEER, interested utility companies, Environmental Protection Agency and Controlling State and Local Pollution Control Agencies shall be permitted to inspect all work, material, payrolls, records or personnel, invoices of materials and other relevant data records. GS-20 ENVIRONMENTAL PROTECTION 20.1 General A. CONTRACTOR shall comply with all federal, state and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds and reservoirs with fuels, oils, bitumens, chemicals or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter, In the event of conflict between such laws and regulations and the requirements of the specifications, the more restrictive requirements shall apply. Environmental protection requirements specified in other sections shall be considered as supplementing the requirements of this section. B. If temporary pollution control measures are ordered by the ENGINEER and fall within the specifications for a work item that has a unit contract price, the work shall be accomplished under the respective item of work subject to the limitations as defined in the contract's general provisions. If the additional work is such that no quantities or prices were given in the Contract, the work shall be covered by a change order submitted by the CONTRACTOR and approved by the OWNER. Should the parties be unable to agree on unit prices or if this method is impractical, the ENGINEER may instruct the CONTRACTOR to proceed with the work by day labor or force account as defined in Article 11.4 of the General Conditions. C. Failure of the CONTRACTOR to fulfill any of the requirements of this section may result in the OWNER or ENGINEER ordering the stopping of construction operations in accordance with Article 13 of the GENERAL CONDITIONS. CEDAR HAMMOCK CDD GS-10 C\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_GeneralSpecs Final MODIFIED 01172020.doc D. In the event that temporary erosion and pollution control measures are required due to the CONTRACTOR'S negligence, carelessness or failure to install permanent controls in a timely manner or are required due to the construction method or procedure being utilized by the contractor to perform his work, then such work to be performed by the CONTRACTOR shall be at his own expense, E Failure on the part of the CONTRACTOR to perform the necessary measures to control erosion, siltation and pollution will result in the OWNER notifying the CONTRACTOR to take such measures. In the event that the CONTRACTOR fails to perform such measures within 4 hours after receipt of such notice,the OWNER may stop the work as provided above or may proceed to have such measures performed by others. The cost of such work performed by others plus related ENGINEER fees will be deducted from monies due the CONTRACTOR on his Contract. F. All erosion and pollution control features installed by the CONTRACTOR shall be acceptably maintained by the CONTRACTOR during the time that construction work is being done. G. CONTRACTOR shall repair or replace damaged or inoperative erosion and pollution control devices as directed by the ENGINEER, the OWNER'S Representative or Governmental Agencies. 20.2 Open Burninca of Combustible Wastes NO open burning of combustible waste materials or vegetation shall be permitted on the OWNERS property. All waste materials shall be removed from the OWNERS property and disposed of in a legal manner. Subject to approval by all environmental agencies and/or fire departments that may have jurisdiction over such activities. 20.3 Permanent and Temporary Water Pollution Control (Soil Erosion) A. Construction procedures shall include temporary pollution control measures to ensure that soil erosion which might cause water pollution is kept to a minimum. Such measures may consist of construction of berms, dikes, dams, drains and sediment basins or use of fiber mats, woven plastic filler cloths, gravel, mulches, quick growing grasses, sod, bituminous spray and other erosion control devices or methods. All temporary erosion control measures, unless specifically included as a line item in the bid form shall be considered incidental to the construction and will be performed at the CONTRACTOR'S expense. B. The CONTRACTOR shall not be permitted frequent fording of live streams with construction equipment; therefore, temporary bridges or other structures shall be used wherever such crossing adversely affects sediment levels and an appreciable number of stream crossings are necessary. C. The CONTRACTOR shall promptly clear all waterways and drainage patterns of false CEDAR HAMMOCK CDD GS-11 C\Users\dmonza\AppDota\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_GeneralSpecs Final MODIFIED 01172020.doc work,piling,debris or other obstructions placed during construction work and not a part of the finished work. D. The CONTRACTOR shall remove and dispose of silt accumulations as directed by the ENGINEER or the OWNER'S Representative. GS-21 WORK IN THE PUBLIC RIGHT-OF-WAY All miscellaneous work in the public right-of-way including sign relocations, utility preservation, maintenance of traffic or other requirements of the construction permits or ENGINEER, is considered incidental to the work being done with compensation included in the unit prices of the work items located in the public right-of-way unless a line item is specifically provided for the work in the "Bid Form". GS-22 UTILITIES CONSTRUCTION As indicated In the Technical Specifications, some utility systems may be constructed for the ultimate use, ownership and maintenance of a local utility franchise, company or municipality.In that case it is the CONTRACTORS responsibility to construct the utility system in accordance with the local utilities specifications, requirements, and inspections and testing procedures to the satisfaction of the utility. The applicable utility's standard specifications are included in the Technical Specifications. The CONTRACTOR is also responsible for the final acceptance of the utility system by the local utility including satisfactory completion of the work, meeting final inspection requirements and preparing and providing all required lien releases, warranties, material certifications,shop drawings,record drawings and other required project documentation. CEDAR HAMMOCK CDD GS-12 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content,OLtIook\AOPOHY39\1263CDD_GeneralSpecs Final MODIFIED 01172020.doc AGREEMENT THIS AGREEMENT is dated as of the day of in the year 2020 by and between: Cedar Hammock CDD c/o Inframark Infrastructure Management Services 5911 Country Lakes Drive Fort Myers, Florida 33905 (hereinafter called OWNER) and Glase Golf, Inc. 27730 Faygin Lane Bonita Springs, Florida 34135 (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK 1.1 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work Is generally described as follows: CEDAR HAMMOCK BRIDGE AND BULKHEAD REPAIRS AND REPLACEMENT ARTICLE 2, ENGINEER 2.1 The Project has been designed by Kipp Schulties Golf Design, Inc, 123 Andros Harbour Place, Jupiter, FL 33458, who is hereinafter called PROJECT COORDINATOR and will assume all duties and responsibilities and will have the rights and authority assigned to PROJECT COORDINATOR in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Bridging Solutions shall serve as the CONSULTING ENGINEER and shall assume all duties and responsibilities and will have the rights and authority assigned to CONSULTING ENGINEER in the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 Subject to OWNER receiving funding,the Work will commence on February 18, 2020 and be substantially completed by July 1, 2020, and completed and ready for final payment in accordance with Paragraph 1413 of the General Conditions July 31, 2020. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 1 of the General Conditions. They CEDAR HAMMOCK Bridge and Bulkhead Replacement A-1 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_05_Agreement Glase Golf modified 01172020-updated.doc also recognize the delays, expense and difficulties involved in proving In a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time, Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not a penalty) CONTRACTOR shall pay OWNER One Thousand Dollars($1,000,00)for each day that expires after the time specified in Paragraph 3.1 for substantial completion until the Work is substantially complete. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance and completion of the Work in accordance with the Contract Documents in current funds as specified by the unit price schedule Bid Form which is an exhibit to this agreement and is part of the Contract Document. The total of the unit price Contract is $2,299,778.45. This amount Is derived based on the Bid Schedule Form less Item 8,a reduction in quantity under Item 23 from 5 to 4 and the exercise of Bid Alternate Item A5. ARTICLE 5. PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions as modified by the Supplementary Conditions. Applications for payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER,on or about the fifteenth day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in Paragraph 14.1 of the General Conditions. 5.1.1. Prior to and upon Substantial Completion, progress payments will be In an amount equal to 90%of the Work completed in accordance with Paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with Paragraph 4.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.13. ARTICLE 6, CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6,1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner my affect cost, progress and performance of the Work. 6.2 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies as he deems necessary for the performance of the Work at the CEDAR HAMMOCK Bridge and Bulkhead Replacement A-2 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCoche\Content.Ouflook\AO?0HY39\1263CDD_05_Agreemeni Glase Golf modified 01172020-updated doc Contract price, within the Contract time and In accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.3 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Under- ground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and In accordance with the other terms, and conditions of the Contract Documents,including specifically the provisions of Paragraph 4.3 of the General Conditions, 6,4 CONTRACTOR has correlated the results of all such observations,examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER and is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement,made a part hereof and consist of the following: 7.1 This agreement(pages A-1 to A-5, inclusive) Bid Form (pages B-1 to B-9) 7.2 General Conditions (pages 1 to 44, inclusive) 7.3 Supplementary Conditions (pages SC-1 to SC-6, inclusive). 7.4 General Specifications (Pages GS-1 to GS-1 1, inclusive). 7.5 Collier County Site Development Permit (Pending), including all drawings submitted as part of the Permit approval. 7,6 South Florida Water Management District Permit (Pending), including all drawings submitted as part of the Permit approval 7.7 Forge Engineering Geotechnical Report,Proposed Bulkhead Wall Replacement Project, Cedar Hammock Community, Dated October 30, 2018. 7.8 Banks Engineering Cedar Hammock Wall Replacement Survey Dated January 27, 2017. CEDAR HAMMOCK Bridge and Bulkhead Replacement A-3 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content,Outlook\AOPOHY39\1263CDD_05_Agreement Glase Golf modified 01172020-updated.doc 7.9 KSGDI Cedar Hammock CDD Presentation of Concepts October 6, 2019. 7.10 KSGDI 2020 Cedar Hammock CDD Bid Documents Updated October 7, 2019. 7.11 BSLLC Contractor Bid Form -Cedar Hammock. 7.12 BSLLC Contractor Bid Form -Bridge Repairs. 7.13 BSLLC Base Bid Bridge Section. 7.14 BSLLC Alternate Bid Bridge Section(H 10). 7.15 BSLLC TanDeck Brochure Digital 11_05_15, 7.16 BEI MAP EXHIBIT, Cedar Hammock Drainage exhibit 1/14/2019. Exhibit"D"-Contractor's Application for Payment Exhibit "E" - Insurance Requirements. which must name the District and Cedar Hammock Golf and Country Club Master Association, Inc., as additional insureds. Exhibit"F"-Waiver& Release of Lien Upon Final Payment and Waiver& Release of Lien Upon Progress Payment Exhibit"G"-Contract Change Order Form There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in Section 1 of the General Conditions.) ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 8,2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitations, moneys that may become due and monies that are due may not be assigned without such consent(except to the extent that the affect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself, his partners,successors,assigned and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants,agreements and obligations contained In the Contract Documents. 8,4 CONTRACTOR shall adhere to and abide by all conditions specified in all permits CEDAR HAMMOCK Bridge and Bulkhead Replacement A-4 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_05_Agreement Glase Golf modified 01172020-updated.doc obtained from agencies for the construction of this project Including but not limited to the South Florida Water Management District drainage permit, the Collier County Site Work Permit and Collier County Building permits, or other applicable jurisdictional agency construction permit. 8.5 CONTRACTOR agrees to comply with Florida's public records law by keeping and maintaining public records that ordinarily and necessarily would be required by the DISTRICT in order to perform the services under the Agreement by doing the following: upon the request of the DISTRICT's Custodian of Public Records,providing the DISTRICT with copies of or access to public records on the same terms and conditions that the DISTRICT would provide the records and at a cost that does not exceed the cost provided by Florida law; by ensuring that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following completion of the Agreement if the CONTRACTOR does not transfer the records to the DISTRICT;and upon completion of the Agreement by transferring,at no cost,to the DISTRICT all public records in possession of the CONTRACTOR or by keeping and maintaining all public records required by the DISTRICT to perform the services. If the CONTRACTOR transfers all public records to the DISTRICT upon completion of the Agreement,the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the DISTRICT, upon request from the DISTRICT's Custodian of Public Records,in a format that is compatible with the information technology systems of the DISTRICT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS WORK ASSIGNMENT,CONTACT THE DISTRICT'S CUSTODIAN OF PUBLIC RECORDS SANDRA DEMARCO, AT INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES 210 N. UNIVERSITY DRIVE SUITE 702 CORAL SPRINGS, FL 33071, 954-753-5841 EXT. 40532, OR SANDRA.DEMARCO@INFRAMARK.COM. This Agreement will be effective on , 2019. OWNER: CONTRACTOR: Cedar Hammock CDD By: By: (CORPORATE SEAL) Attest: Attest: Address for Given Notices: Address for Given Notices: Cedar Hammock CDD c/o Inframark Infrastructure Management Services 5911 Country Lakes Drive CEDAR HAMMOCK Bridge and Bulkhead Replacement A-5 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_05_Agreement Glase Golf modified 01172020-updated.doc Fort Myers, Florida 33905 (License No, and State) CEDAR HAMMOCK Bridge and Bulkhead Replacement A-6 C:\Users\dmanza\AppData\Local\Microsoft\Windows\NetCoche\Content.Outlook\AOPOHY39\1263CDD_05_Agreement Glase Golf modified 01172020-updated.doc 093 AGREEMENT THIS AGREEMENT is dated as of the 17th day of January in the year 2020 by and between: Cedar Hammock CDD c/o Inframark Infrastructure Management Services 5911 Country Lakes Drive Fort Myers, Florida 33905 (hereinafter called OWNER) and Kipp Schulties Golf Design, Inc 123 Andros Harbour Place Jupiter, FL 33458 (hereinafter called CONSULTANT) OWNER and CONSULTANT, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK 1.1 CONSULTANT shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: CEDAR HAMMOCK BRIDGE AND BULKHEAD REPAIRS AND REPLACEMENT Continued Design, Construction Coordination and Project Accounting ARTICLE 2. ENGINEER 2.1 The Project has been designed by CONSULTANT, who is hereinafter called PROJECT COORDINATOR and who will assume all duties and responsibilities and will have the rights and authority assigned to PROJECT COORDINATOR in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Bridging Solutions shall serve as the CONSULTING ENGINEER and shall assume all duties and responsibilities and will have the rights and authority assigned to CONSULTING ENGINEER in the Contract Documents. ARTICLE 3. CONTRACT PRICE 3.1 Subject to OWNER receiving funding, OWNER shall pay CONSULTANT for performance and completion of the Work in accordance with the proposal dated November 8, 2019,which is incorporated herein, in as part of the Contract Document. ARTICLE 4 PAYMENT PROCEDURES CONSULTANT shall submit Applications for Payment monthly. Applications for CEDAR HAMMOCK Bridge and Bulkhead Replacement A-1 C:\Justin's Documents 12-19-19\Properties\Cedar Hammock\Cedar Hammock CDD Projects\CH CDD-FY2019 Projects\CHCDD-Bridge& Bulkhead\CHCDD-KSGDI\1263CDD_05 Agreement Shulties modified 01162020(003).doc payment will be processed by the District Manager and paid within thirty days of the District Manager's approval. ARTICLE 5. MISCELLANEOUS 5,1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 5.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound;and specifically,but without limitations,moneys that may become due and monies that are due may not be assigned without such consent (except to the extent that the affect of this restriction may be limited by law),and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 5.3 OWNER and CONSULTANT each binds himself, his partners,successors,assigned and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants,agreements and obligations contained in the Contract Documents. 5.4 CONSULTANT shall adhere to and abide by all conditions specified in all permits obtained from agencies for the construction of this project including but not limited to the South Florida Water Management District drainage permit, the Collier County Site Work Permit and Collier County Building permits, or other applicable jurisdictional agency construction permit. 5.5 CONSULTANT shall obtain and maintain the insurance coverages described in Exhibit B, naming DISTRICT as an additional insured. 5.5 CONSULTANT agrees to comply with Florida's public records law by keeping and maintaining public records that ordinarily and necessarily would be required by the DISTRICT in order to perform the services under the Agreement by doing the following: upon the request of the DISTRICT's Custodian of Public Records,providing the DISTRICT with copies of or access to public records on the same terms and conditions that the DISTRICT would provide the records and at a cost that does not exceed the cost provided by Florida law;by ensuring that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following completion of the Agreement if the CONSULTANT does not transfer the records to the DISTRICT; and upon completion of the Agreement by transferring,at no cost,to the DISTRICT all public records in possession of the CONSULTANT or by keeping and maintaining all public records required by the DISTRICT to perform the services. If the CONSULTANT transfers all public records to the DISTRICT upon completion of the Agreement,the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the Agreement, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the DISTRICT, upon request from the DISTRICT's Custodian of Public Records, in a format that is compatible with the information technology systems of the DISTRICT. CEDAR HAMMOCK Bridge and Bulkhead Replacement A-2 C:\Justin's Documents 12-19-19\Properties\Cedar Hammock\Cedar Hammock CDD Projec's\CH CDD-FY2019 Projects\CHCDD-Bridge& Bulkhead\CHCDD-KSGDI\1263CDD_D5_Agreement Shulties modified 01162020(003).doc FLORIDA STATUTES,TO THE CONSULTANTS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS WORK ASSIGNMENT,CONTACTTHE DISTRICTS CUSTODIAN OF PUBLIC RECORDS SANDRA DEMARCO, AT INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES 210 N. UNIVERSITY DRIVE SUITE 702 CORAL SPRINGS, FL 33071, 954-753-5841 EXT. 40532, OR SANDRA.DEMARCO@1NFRAMARK.COM. This Agreement wit! be effective rn J4-wvwl y 17 ,asw OWNER: CONSULTANT: Cedar Hammock CDD _____ By: �i�rr..t--e,e, cj rtitf)Y: (CORPORATE SEAL) Attest: _ ` Attest / / - ttI► CEDAR HAMMOCK Bridge and Bulkhead Replacement A-3 C =sers':tfQurdoth;AppData\Local\Microsoft\Wndows\INetCoche\Content.Outlook\9HPIR504\1263CDC 05_AgreementShultiesmodified 01162C20(003)(003).doc completion of the Agreement, the CONSULTANT shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the DISTRICT,upon request from the DISTRICT's Custodian of Public Records, in a format that is compatible with the information technology systems of the DISTRICT. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS WORK ASSIGNMENT, CONTACT THE DISTRICT'S CUSTODIAN OF PUBLIC RECORDS SANDRA DEMARCO,AT INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES 210 N. UNIVERSITY DRIVE SUITE 702 CORAL SPRINGS, FL 33071, 954-753-5841 EXT. 40532, OR SANDRA.DEMARCO@INFRAMARK.COM. 2umc' This Agreement will be effective on moi.-+•-.« , /7 , 2C1-97 - OWNER: CONSULTANT:�y Cedar Hammock CDD fT5 .77`gs By: By: ,e/PPtGfveS (CORPORATE S • 1) Attest: I Attest: �� .�� i 44 haihf? CEDAR HAMMOCK Bridge and Bulkhead Replacement A•3 /Users/kippschulties/KSGD Design projects/Cedar Hammock/1263cDD_05_Agreement Shulties modified 01 162020(003).doc Cedar Hammock Golf & Country Club Proposal for Continued Design, Construction Coordination and Project Accounting Associated with the Cedar Hammock Golf Course Date of Document: November 8,2019 Proposal Clarifications This proposal covers the continued design,consulting to the commencement of construction,construction coordination and project accounting for the future improvements to CDD owned amenities and associated golf course modifications at the Cedar Hammock Golf&Country Club(CH). Kipp Schulties Golf Design,Inc.(KSGD)will use a CDD provided 2019 scaled aerial photograph,bathymetric surveys and topographic survey(if available)of the golf course to use as a base map for the continued development of all plans,quantities and documents. Any work required by KSGD to aid the engineering consultant with obtaining permits for local and state water management districts,SFWMD,FDEP(Florida Department of Environmental Protection),ACOE(Army Corps of Engineers)and Collier County will continue to be included within these services. The cost of our services as defined within Exhibits A and B attached to this proposal shall be$90,000 if the project is implemented in one construction period or it will be$100,000 if done in two construction phases over two years. If it is determined that the project will be implanted in two phases over two years,then Exhibit B will be revised once that is officially determined to a total of$ 100,000. Expenses will be capped so not to exceed S 6,500 if the project is done over one construction period. This will be capped at$9,500 if done over two years. The CDD will be invoiced monthly while the work progresses. No work will ever be billed in advance. Invoices shall be paid within thirty days of the invoice date. Overdue payments are subject to an increase of 1.0%each month. Expenses for production(graphics and prints),travel related,and other project related materials would be reimbursed in addition to all fees. Mileage is calculated by current year IRS allowances. KSGD will always make every effort to have travel related reimbursable expenses shared with other KSGD clients within the local area for all clients benefit. This proposal will expire if not approved by December 15,2019. Agreed and Approved(signature) Date Agreed and Approved(signature) Date Kipp Schulties—President(printed) Representative(name and title of party signing) Kipp Schulties Golf Design,Inc. Cedar Hammock CDD do Inframark PHASE I Design and Plan Documents. The Design shall consist of preparation and delivery of Plan Documents. Preparation of Plan Documents for the Golf Course shall commence upon confirmation by Owner of what improvements Owner elects to implement or construct. Designer shall discuss with Owner in detail the plan for the Golf Course before preparing final Plan Documents. Field instruction will be given during construction. 1. Plan Documents shall consist of,but not limited to,the following: A. Strategy Plan(From Master Plan): Indicates the location of tees,fairways, sand bunkers,and water features(lakes). B. Earthwork Massing Plan: Indicates the location and quantity of all cuts and fills around the golf course and the quantified amount of earthwork that will be required. C. Drainage Plans: Indicates location and size of drain basins,pipe locations and pipe sizes twelve inches in diameter and less. All storm drainage(pipe that is larger than 12" in diameter)will be sized by the Owner's engineer. All plans are at 100 scale. D. Hardscape/Landscape Plans: Indicates the location of cart paths,shelters, restrooms,bulk heading,bridges,rip rap and proposed landscaping areas. E. Lake Modification Plan: Plan indicates the quantity of lake expansions and contractions to be utilised by the Owner's consulting engineer to obtain project permits. F. Tree Impact Plan: Plan indicates those trees to be removed and/or transplanted. Golf Course Design Agreement—KSGD Page 1 G. Detail Sheets: Detail sheets for the proper construction of tees,bunkers, cart paths and drain basins will also be provided within the bid package. H. Field Instruction: Additional specific details about said Plan Documents will be given in the field during construction. 2. Specifications Technical specifications and general conditions will be included as part of the hid package. The bid for contract forms will also be part of the specification package,which consists of line item quantities for construction. 3. Owner's Irrigation Consultant should provide an Irrigation Plan (if applicable). Designer will work closely with the Irrigation Consultant to evaluate and review coverage requirements, but Designer will not be responsible for the design,installation,source and quality of irrigation water, power supply and adequacy of coverage or the proper hydraulic or mechanical function of the design. Project Organization/Coordination(Pre-Construction) Designer will assist Owner with pre-construction activities, including engineering, permitting, irrigation design, landscape design, or any other third-party work that is relative to the project. The Designer shall also attend (if necessary)meetings with governmental officials and agencies.The Designer shall coordinate with the Owner with regards to bid solicitation,review,and evaluation and with regards to issues relating to line item contractor bidding, contractor interviews and negotiations and overall coordination of entire project team relative to the Golf Course. Designer will work in tandem with Owner to help coordinate the work,but will not be responsible for the physical permitting work,fees or the other related third party services. Golf Course Design Agreement—KSGD Page 2 PHASE II Construction Consultation and Administration. 1. As part of this Agreement,Designer will,during the progress of the work, consult with and make recommendations to Owner and Consultants concerning the Golf Course design based upon the expertise and experience of Designer. When on site, Designer will consult with the Owner, Contractor and Consultants to assist such parties in having the design performed in accordance with the design concepts, the Design Plans and the Plan Documents. Designer will visit the site multiple times each week during the construction period to ensure that the Golf Course will conform with design quality, including recommending design changes or adjustments(which commonly arise during this phase). 2. Designer will advise Owner regularly as to the status of the design implementation,construction budget and construction schedule. 3. Designer shall inform Owner promptly in writing,upon learning of any non-compliance, if the Contractor is not following the Plan Documents, Designer Specifications and/or Field Instruction of the Designer 4. Designer shall consult with the Owner's representative during the Owner's administration of the contract for construction with regards to reviews of contractor payment applications, reviews of change orders or change directives, review of contractor submittals, and contractor performance issues. The Owner shall be responsible for the administration of the contract for construction and render decisions on matters related to the construction of the project,except that the Designer's decisions on matters relating to aesthetic effect shall be considered final if consistent with the intent expressed in the construction documents. Golf Course Design Agreement—KSGD Page 3 VtiulittiVAt 44,*10'1 Designer fee shall be Ninety Thousand($90,000.00)United States Dollars,for the design and project coordination of the Golf Course project(excluding expenses and other Additional Services of Designer as provided herein)if completed during one construction period The Design Fee will be invoiced as follows: I. Execution of Agreement: $2,500.00 TI. Phase I Design&Plan Documents $7,500.00 Design Services for Permitting Submittal: $5,000.00 Development of Storm Drainage and Lake Modification Plans used for Engineering and Permitting Upon completion of plans used in permit submission and Owner receipt of permit $2,500.00 Design Services after Permitting Submittal: $15,000.00 Two(2)Progress Payments @$5,000.00 each $10,000.00 (as balance of plans develop) Upon submission of completed plan document set $5,000.00 Golf Course Design Agreement—KSGD Page 4 Project Consulting(prior to construction commencement): $5,000.00 Billed monthly @($2,500/month)starting February 1,2020 for the two(2)months prior to construction commencement. DESIGN AND COORDINATION SUBTOTAL: $30,000.00 Construction Consulting Services: $50,000.00 Five(5)monthly progress payments @$10,000.00 per month. Billed monthly(beginning the first day of the month following the commencement of construction)during the progress of the construction work and grow-in. Upon re-opening of the Golf Course: $10,000.00 CONSTRUCTION SUB-TOTAL $60,000.00 TOTAL: $90,000.00 ADDITIONAL SERVICES Additional Services,unless otherwise agreed in writing between Owner and Designer, shall be based on the following hourly billing amounts: ITEM/PERSON HOURLY RATE Designer $275.00/ Hour Associate Designer $175.00/ Hour Drafting $135.00/ Hour Graphic $135.00/ Hour Accounting $100.00/ Hour Golf Course Design Agreement—KSGD Page 5 Administrative $60.00/ Hour 1853388 vl Golf Course Design Agreement—KSGD Page 6