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Agenda 10/09/2018 Item #16A 110/09/2018 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the potable water and sewer facilities for RaceTrac at Davis Boulevard, PL20160002277, accept unconditional conveyance of a portion of the potable water and sewer facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $18,093.40 to the Project Engineer or the Developer’s designated agent. OBJECTIVE: To have the Board of County Commissioners, as Ex-Officio Governing Board of the Collier County Water-Sewer District, approve final acceptance of the potable water and sewer facilities, accept unconditional conveyance of a portion of the potable water and sewer facilities, and to releas e the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $18,093.40, in accordance with the Collier County Utility Standards and Procedures, Ordinance No. 2004-31. CONSIDERATIONS: 1) The Developer of RaceTrac at Davis Boulevard has constructed the potable water and sewer facilities within dedicated easements to serve this private development (see attached location map). A portion of the potable water and sewer facilities will be conveyed to the County, as described in Official Records (O.R.) Book 5344, Page (PG) 2392. The remaining potable water and sewer facilities will be private. 2) Preliminary acceptance of these utility facilities was approved by the Development Review staff on November 30, 2016. At that time, the value of these potable water and sewer utility facilities (assets) was $32,198 and $5,983, respectively. (See attached asset sheet). 3) Staff recorded all preliminary acceptance documents associated with the potable water and sewer facilities conveyed to the County in the public records of Collier County, which were reviewed and approved by the County Attorney’s office as to form and legality. The County acquired its interest in a portion of the potable water and sewer facilities by Utilities Facilities Warranty Deed and Bill of Sale recorded in Official Records Book 5344, at page 2392 of the Public Records of Collier County, Florida. 4) The potable water and sewer utility facilities have been operated and maintained during the required one (1) year warranty period, following preliminary acceptance. 5) A final inspection to discover defects in materials and workmanship has been conducted by staff on August 22, 2018, in coordination with Public Utilities, and these facilities have been found to be satisfactory and acceptable. 6) The on-site potable water and sewer utilities, less the potable water and sewer utilities described in O.R. Book 5344, PG 2392, are owned and maintained by the developer. 7) Staff recommends final acceptance of the subject utility facilities and to release the Utility Performance Security (UPS) and Final Obligation Bond in the total amount of $18,093.40. (See attached Exhibit A). 8) This final acceptance is in accordance with Collier County, Ordinance No. 2004-31, as amended. 9) Staff is unaware of any issues that would serve to negate the recommendation to release the 16.A.1 Packet Pg. 168 10/09/2018 applicable security. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water -Sewer District receiving unconditional title to a portion of the potable water and sewer utility facilities, which at the time of preliminary acceptance, had a total gross value of $38,181 (no depreciation applied). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval -SAS RECOMMENDATION: To approve final acceptance of the potable water and sewer facilities for RaceTrac at Davis Boulevard, PL20160002277, accept unconditional conveyance of a portion of the potable water and sewer facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $18,093.40 to the Project Engineer or the Developer’s designated agent. Prepared by: Lucia S. Martin, Technician, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Exhibit A (PDF) 3. Assets Sheet (PDF) 16.A.1 Packet Pg. 169 10/09/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.1 Doc ID: 6512 Item Summary: Recommendation to approve final acceptance of the potable water and sewer facilities for RaceTrac at Davis Boulevard, PL20160002277, accept unconditional conveyance of a portion of the potable water and sewer facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $18,093.40 to the Project Engineer or the Developer’s designated agent. Meeting Date: 10/09/2018 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 08/23/2018 12:20 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 08/23/2018 12:20 PM Approved By: Review: Water Steve Messner Additional Reviewer Completed 08/23/2018 12:30 PM Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 08/23/2018 12:59 PM Wastewater Steve Nagy Additional Reviewer Completed 08/23/2018 1:06 PM Water Pamela Libby Additional Reviewer Completed 08/23/2018 1:29 PM Wastewater Beth Johnssen Additional Reviewer Completed 08/24/2018 3:45 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/28/2018 7:58 AM Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 08/28/2018 8:48 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 08/28/2018 9:41 AM Growth Management Department Matthew McLean Additional Reviewer Completed 09/06/2018 11:26 AM Growth Management Department James C French Deputy Department Head Review Completed 09/06/2018 10:10 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 09/07/2018 3:31 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 09/10/2018 9:31 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/11/2018 3:11 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/20/2018 1:29 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 09/24/2018 12:58 PM 16.A.1 Packet Pg. 170 10/09/2018 County Manager's Office Heather Yilmaz Level 4 County Manager Review Completed 10/01/2018 8:35 AM Board of County Commissioners MaryJo Brock Meeting Pending 10/09/2018 9:00 AM 16.A.1 Packet Pg. 171 RACETRAC AT DAVIS BOULEVARD LOCATION MAP 16.A.1.a Packet Pg. 172 Attachment: Location Map (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) Exhibit A Utilities Performance Security (UPS) and Final Obligation Bond Amount Receipt Number 10% UPS Bond $14,093.40 106502025 Final Obligation Bond $4,000.00 2016361795 Total Amount $18,093.40 The 10% UPS Bond, if applicable, is based on the total amount of the water and/or sewer utilities being installed for the whole project which includes material and labor. The contributory assets reflect the cost of materials, not labor and are based on the assets of which the county will be owning and maintaining. Final Obligation Bond, if applicable, in accordance with Utility Ordinance 2004-31 Attachments: 1. Verification of Final Cost 2. Receipt of Payment 16.A.1.b Packet Pg. 173 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) PROJECT NAME: LOCATION: NAME & ADDRESS OF OWNER TYPE OF UTILITY SYSTEIVI: VERIFICATION OF FINAL COST RaceTrac Store #2425 Section 3, Townshlp 50 South, Rang€ 26 East, Collier County, Florida RaceTrac Petroleum, lnc. 3225 Cumberland Boulevard, Suite 100 Atlanta, Georgla 30339 POTABLE WATER (Material and Services) ITEM SIZE QUAN. UNIT COST TOTAL Hot Tap 8" HDPE w/14" Casing Dr-18 Water Main MFittings Dr-14 Water Main MFittings Dr-18 Water Main W/Fittings Gate Valve Gate Valve Air Release Assembly Fire Hydrant Assembly Auto Flush Assembly Water Service Water Service lrrigation Service (Tap & B/F Only) DDCV (Fire) FDC (Fire) PIV (Fire) Dr-14 Fire Main WFittings Building Riser STATE OF COUNry OF 1 140 53 40 2 I 1 1 I 339 286 EA LF LF LF LF EA EA EA EA EA LF LF EA EA EA EA LF 2" 314" 1-112" 4" 4" 4" '16" x 8"$8,213.00 $1 50.00 $87.00 $66.00 $22.00 $1,654.00 $975.00 $2,1 15.00 $3,647.00 $2,876.00 $17.98 $8.93 $2,319.00 $6,898.00 $1,115.00 $1,945.00 $26.74 $1,080.00 8 8 8 o B 4 349 IEA TOTAL COST I do hereby certify that the quantities of material and services described above are a true and accurate representation of the as-installed cost of the system. CE eS ident OF:Caloosa Site Development, lnc. 10880 Metro Parkway, Suite J Fort Myers, Florida 33966 N Florida Lee $8,213.00 $21,000.00 $4,611.00 $2,640.00 $1 ,210.00 $3,308.00 s975.00 $2,115.00 $3,647.00 $2,876.00 s6,095.22 $2,553.98 $2,319.00 $6,898.00 $1,115.00 $1,945.00 $9,332.26 $1,080.00 $81,933.46 16.A.1.b Packet Pg. 174 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) The foregoing instrument was signed ,\.,,,r0,,'ur'.\,er?,,:l.--' who and acknowledged before me this 12th day of September, 2016 by is personally known to me r.-,, OR who produced identification _ Seal DENINE J. HOtL€Y otary Public - State ot Ftortda My Comm. Expires Scp I1. 2010 Commissloo # FF 159248 Eondldlh.ough Nalionel lloti v rl.sn Type of ldentification Produced Notary Public f,).*..,.,11 L[^,[t., ,/' 16.A.1.b Packet Pg. 175 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) CERTIFICATION OF CONTRIBUTORY ASSETS. COUNTY PROJECT NAME: RaceTrac Store #2425 LOCATION: Section 3, Townshlp SO South, Range 26 East Colller County, Florlda NAME & ADDRESS OF OWNER,RaceTrac Petroloum, lnc. 3225 Cumberland Boulevard, Suite 100 Atlanta, Georgla 30339 TYPE OF UTILITY SYSTEM:SANITARY SEWER (MATERIALS ONLY) ITEM SIZE QUAN. UNIT COST TOTAL Hot Tap Dr-14 Force Main #Finings Check Valve wny'ault CERTIFYIN OF ent Caloosa Slte Development, Inc. 10880 Metro Parkway, Sulte J Fort Myers, Florida 33966 Florida Lee 14' x 4" 4' 4" 1 '14 1 EA LF $4,770.00 s98.00 $1,115.00 oe STATE OF COUNTY OF The foregoing instrument was signed and acknowled ged before me this 1 1th d ay of August, 2016 by.J ce, 13,who is personally known to me .z OR who produced identification Type of ldentification produced 0ENrlr€ J. H0tLtY olal, Publlc - Sl.l! ol tlo.ida tty Comm. trpkls S!, t t. ?0t6 Commitsion , ft 1592,18 N otary Public Seal:.'l**k'z i,Ws BqxH tuor,$ Nrinil tloury l(.i' $4,770.00 $7.00 $1,1 15.00 TOTAL COST $s.e83.oo I do hereby certify thst tho quantities of material described above are a true end aca:rate representjation of the system b6ing contributed to Collier County Utilities. 16.A.1.b Packet Pg. 176 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) I'orm 2 - Rev. 2014 (Utilities Performance Bond)Bond No. 106502025 RaceTrac Petroleum, Inc., a Georgia corporation 3225 Cumberland Blvd., Ste. 100 Adanta, Georgia 30339 (hereinafter referred to as "Owner", and Travelers Casualty and Surety Company of America One Tower Square Hartford, Connecticut 06183 (hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida, (hereinafter called "County"), in the total aggregate penal sum of Fourteen Thousand. Ninerl Ihree dollars and Forty cents. ($1.1.093.40) in lawful money of the United States, for the pa1'rnent of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner entered into a certain Utilities System Construction Contract, dated .20112 . a copy ofwhich is hereto attached and made a part hereof; and WHEREAS the County has a material interest in the performance of said Contract; and NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties to the county under said Land Development Regulations and alt the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the own€r, with or without notice to the Surety and during the guaranty period established by the county, and thereafter, and if the owner shall satisfy all claims and dernands incurred under such contract, and shall fully indernnify and save harmless the county from all costs and damages which it may suffer by UTILITIES PERFOR-II{ANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: thar WHEREAS the County has adopted Ordinances and Resolutions (hereinafter ,'Land Development Regulations") concerning the Owner's obligations to the County regarding the construction, conveyance and warranty of potable water, non-potable irrigation water and./or waslewater systern(s) or portion(s) thereof constructed within the unincorporated area of Collier County; 16.A.1.b Packet Pg. 177 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) reason of failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be perlormed thereunder, or the specifications accompanying same shall in any way affect its obligation on this Bond, and does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to th€ work or to the specifications. PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deerned amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than twenty percent (20yo), so as to bind the Owner and the Surety to the full and faithful performance of the contract as so amended. The term "Arnendment", wherever used in this bond, and whether referring to this bond, the Contract or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caus€d this Instrument to be executed this 26 day of September ,20 16 RaceTrac Petroleum, Inc.,Signed, sealed and delivered in the ce ol a on \I By t Name q(9 ame: Brian Thornton Its: Vice President ofReal Estate and Engineering Print Name: of the company. TNOTAR\E J-- lltl I I c (,: STATE OF GEORGIA COUNTY OF COBB The foregoing instrum€nr was acknowledged before me ttis 3 aay ot Alobd-2016, by Brian Thomton, as Vice President of Real Estate and Engineering of RaceT:ac P-etrot"u.]T{I-G"o.gia corporation, and on behalfofthe company, said individual is personally known to me and who executed the same fir and on behalf (;flD^-_ Printed Name Notary Public, State of _Georgia ty. I lt Dt\o irt ' in lltr I My Commission Expires:_ 74=-=-' 16.A.1.b Packet Pg. 178 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) Travelers Casualty and Surety Company of America By' Robin L. Amstutz, A -Fact STATE OF Illinois COI-INTY OF Cook The foregoing instrument was acknowledged before me this 26 day of September , 2016, by Robin L. Amstutz, as Attorney-in-Fact of Travelers Casualty and Surety Company of America, and on behalf of the company, said individual is personally known to me and who executed the same for and on behalf of the company. Printed Name: Timothv Bowen Notary Public, State of _lllinois My Commission Expires: March 12. 2017 lN Prepared by: Adam Balthrop RaceTrac Petroleum, Inc. 3225 Cumberland Blvd., Ste. 100 Adanta, GA 30339 omclAl sEAr. NMOIHY BOWEN NOTAFY PUBUC, STAIE OF II$OIS ifr @massl(,N ExPtREs runclt ie 2fi7 t2i20t4 16.A.1.b Packet Pg. 179 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) WARNING:THIS POWER OF ATTOBNEY lS INVALIO WITHOUT THE RED BORDER -,TRAYELERSJ POWER O}' ATTORNI]Y Farminglon Casualty Company Fidelity and Guarantl Insurance Company Fidelity and Guaranty lnsuran(c Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul (;urrdian Insurance Company Sl. Paul Mercury Insurance Company Trrvelers C{sualty and Surett Company Travelers Caiualty and Suruty Company ofAmerica United Ststes Fidelity and (;uaranty Company Attomey-In Fact No. 230.120 Certificale No.0066 37423 KNOW ALL MEN BY TIILSE PRESENIS: That Farmington Casualty Company, Sl. Paul Fire and Marine Insuranc€ Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America. and United Shtes Fidelity and Guaranty Company :re corporations duly or8anized under the laws of the State of Connecticut, that Fidelity and Guaranty lnsurance Company is a corporation duly organized under the laws of the State of Iowa, and thal Fidelity and Guaranty Insurance Underwriters. Inc., is a corporation duly organized under the lawsoftheStateofWisconsin(hereincolleclivelycalledthe'Companies').andthartheCompaniesdoherebymale,constituteandappoint Rohin L. Amstulr. Nancy J. Aque, Linda C. Prall. and Tom Zacharopouk)s of thc Cir) of Chicaso Srate of Illinois . their true and lauful Attomey(s)-in-Fact, each in their separate capacily if mor€ than one is named above, to sign. execute, seal and acknowledge any and all bonds, recoglizances, conditional undenakings and other writings obligarory in the nature thereof on behalf of the Companies in their business of guaranleeing lhe fidelity of persons. guaranteeing the performance of contracts and execurinS or guaranreeing bonds and undenakings required or permined in any ac(ions or Foceedings allowed by law. lrd IN 1\'IT\ESS l\IIURUOI'. th. (innpanies have caused this instrurne to b€ signed and t}rch corporat€ seals to be hereto affixed, this 20t6da] of Februan farmington Casualty Compent Fidelitl and Guarantl Insurance CompaDy Fid€lity and Gu|ranty Insurancc Underwriters, Inc St. Paul Fire and Marine Insurance Company St. Paul (;uardian Insurance Company St. Paul Mercury Insumnce Company Travelers Casualty snd Surety Compan, Travelers Casualty snd Sur€ty Company ofAmerica United Ststes Fidelity and Gusranty Company State of Connccticut City of Hartford ss. By onlhisthc 3rd day of February 2016.b"fo....personattyappearedRoberrL.Raney,whoacknowledBedhimselfro be lhe Senior vice President of Farmington Casualty Company. Fidel ity and Guaranty Insurance Company. Fidelity and Cuaranty lnsurance Underwriters , Inc., St . paul Fire and Marine Insurance Company, sl. Paul Guatdian Insurance Company. Sr. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and surely Company of America. and United slales Fidelity and cuaranty Company. and thar he. as such. being authorized so ro do. execurcd the foregoing instrumenl for the puQoses lherein contained by signing on behatf oflhe coryorations by himselfas a duly aulhorized officer. In Witness Whereof, I hereunlo set my hand and ofEcial seal My Commission expires the l0th day ofJune.20t6. c N{arie C Terreault. -\-otan Pub1i. l95r ES L 54440-a-12 Prinled in U.S.A. WARNING:THIS POWEB oF ATTOFN EY IS INVALID WITHOUT THE RED BORDER (ffi@@ ffi 16.A.1.b Packet Pg. 180 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) WARNING:THIS POWER OF ATTORN YI INVALID WITH THE RED EOADEB This Power of Attomey is granted under and by the authority of the following resolurions adopted by the Bo,Ids of Directors of Farmingron Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty lnsurance Urderwritcrs. lnc.. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. Travelers Casualty and Surery Company. Travelers Casualry and Surery Compaly of America, and U ted Slar€s Fidelity and Guaranty Company, which resolutions are now in full force and effect. reading as fotlows: RESOLVED, that the Chairman, the President. any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President. any Second Vice President, the Treasurer, any Assistanl Treasurer, the Corporate Secretary or any Assistant Secrcrary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appoinlee such authority as his or her cenificate of authority may prcscrib€ ro sign with the Company's name and seal wirh the ComPany's seal bonds. recognizances. contracls of indemnily, and other writings obligatory in rhe nature of a bond, rccoSnizance, or conditional undenaking, and any of said officers or the Board ofDirectors at any time may remov€ any such appointee and revoke the power given him or her; and it is FURTIIER RESOLVED, that the Chairman. the Presidenl. any Vice Chairman. any Executive Vice Presidenl, any Senior Vice Prcsident or any Vice Prcsidenr may delegate all or any part of the for€going authority to one or more olficers or employees of this Company, provided thar each such delegation is in writing and a copy ther€of is filed in the office of the Secrctary; and it is IIJRTHER RESOLVED. that any bond. recognizance, conlmct of indemnity. or writing obligalory in the nature of a bond. recognizance. or conditional undertaking shall be valid and binding upon the Company when (a) signed by the Presidenr. any Vice Chairman. any Exccutive Vicc President, any Senior Vic€ Prcsident or any Vice President. any Second Vice Presidenl. thc Treasurer. any Assistant Trcasurer. thc Corpomte Secretary or any Assistanl Secretary and duly anested and s€al€d with lhe Company's seal by a Secrelary orAssistanl Secretaryt or (b) duly executed (under seal, ifrequired) by one or more Attomeys-in,Fac! and Agenrs pursuant to rhe power prcscribed in his or her certificate or their cedficates of authority or by one or morc Company officers pursuant to a writlen delegation of authority; and it is rURTHER RFSOLVED, lhat lhe signature ofeach of the following officers: President. any Executive Vice President, any Senior Vice President, any Vice Presidenr, any Assislant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any certificate rclating lhereto appointing Resident Vice Prcsidents, Resident Assistant Secrelaries ff Attomcys-in-Fact for purpos€s only of executing and attestitg bonds and undenakings and other *ritings obligatory in lhe nature thereof. and any such Power of Altomey or certificate tearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certfied by such facsimile signanrre and facsimile seal shall be valid and binding on the Company in the future with r€spect lo any bond or understanding ro which il is attached. I, Kevin E. Hughes, the uDdersigned, Assistant Secrelary. of Farmington Casualty Company. Fidelity and Guaranty lnsurance Compan]. Fidelity and Guaranty lnsurance Underwrilers. lnc., St. Paul Fte and Marine lnsurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travele6 Casualty and Surety Company, Travelers Casualty and Surety Company ofAmerica, and Unit€d StaEs Fidelity and Guaranty Company do hereby certify that $e above and foregoing is a true and corect copy of the Power of Attomey executed by said Companie€, which is in full force ard effecl and has not been revoked. IN TESTIMONY WHEREOF, I hale hereunlo set my hand and affixed the scals of said Companies rfrls 2G day of mber r16 d,-"{ Kevin E. Hullhes. Assistant To verify the authenticity of this Power of Anomey, call l-8m-421-3880 or contact us al www.travelerstrond.com. Please refer to the Anomey In'Fact number. the above-named individuals and the details of the bond to which lhe power is attached. 195.' WARNING:THIS POWER O F ATTORNE Y IS INVALID WITHOUTTHE RED BORDER ffi@@ffi 16.A.1.b Packet Pg. 181 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) LulrP SuN, CoNsrRUCTtoN CoNTRACT (coNrRACr PRtcE $2,797,733.00) This LUMP SUM CONSTRUCTION AGREEMINT (the "Aereernent"), date<i fiis 6'r' day of April 2016 (he "tive Date"), is entered into by and between RACETRAC PETRoLEUM, Ittc., a Georgia corporation with a principal place ofbusiness at 3225 Cumberland Boulevard, Suite 100, Atlanta, Georgia 30339 ("RaceTrac") and ENVIRo srRUC'r, LLc a Florida corporation with a principal place ofbusiness at 26?11 Dublin Woods Circle, Bonita Springs, FL 34135 ("Contractor"). RaceTrac and Contractor may be individually referred to herein as a "!94y," and collectively, as the "Parties." RECITALS WHEREAS, Race'Irac is the owner of that certain real propeny located at 8485 Davis Blvd., Naples, FL 34104 (he "Prooertv"); and WHEREAS. Contractor has submitted a bid and proposal (the "Bid") to RaceTrac to build a gasoline station and convenience store upon the Property and is ready, willing and able lo enter into this Agreement as an independent Contractor to perlorm the Work and construct the Project (as hereinafter respectively defined) in accordance with the terms herein; and WHEREAS, RaceTrac has accepted the Bid NOW' THEREFORE, in consideration of the foregoing statements, which are made a part hereof and incorporated herein, and the mutual covenants and agreements ofthe Parties contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: Section l. 'Ihe Work. t.l.Scooe of the Work:Contractor will supply for the Contract Price (as hereinafter defined) all work (the "Work"), including, but not limited to, all required licenses, permits, labor, materials, equipment, hoisting, scaffolding, protection, transportation, scheduling, coordination, temporary power, supervision, sales taxes, security and coordination necessary to construct and complete expeditiously, in a good and workrnanlike manner, a convenience store and gas station upon the Property as depicted and described in the Contract Documents (as hereinafter defined) or reasonably inferable therefrom (the "Proiect'). The Work comprises the completed construction required by the Contract Documents as defined below. ents Dellned The term "Contract Documents" as used herein refers to this Agre€ment, all Change Orders (as hereinafter defined), Addenda, Amendments, Schedules A through J and all documents identified in those Schedules, all ofwhich shall be considered part ofthis Agreement and are incorporated by express reference: Schedule A Schedule of Drawings and Spccifications Schedule B Contractor's Checklist for Final Draw Schedule C Construction Schedule Schedule D Application and Certificate for Payment Schedule F Certihcate of Contractor Fonn Lien Waivers Schedule G Tax Letter Schedule H Pre-Bid Meeting Minutes Schedule I Authorized Representatives Schedule J 2010 Americans with Disabilities Act Standards for Accessible Design. |.2. Contract |J) Schedule F 16.A.1.b Packet Pg. 182 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) The Contract Documents are binding on the Contractor and may be modified only by Change Order. The Conlract Documents are intended to ponray a complete and operating facility and include all items necessary to produce a complete and operating facility in accordance with best trade practices, as displayed on the Contract Documents. I .2.1 Order of Precedence: The Contract Documents are intended to be read together in their entirety and complemenlary with one another, with an)4hing required by one required by all. In the evenl ofany conflicts within the Contract Docurnents lhat cannot be reconciled by a reasonable interpretation, this document, the Agreemenl itsell, shall take precedence, ln the event ofa conflict within any of the provisions ofthis Agreement, the more stringent requirernent shall apply. L3. lnvestisation by Contractor: Contractor has made a complete investigation ofthejobsite and its environs, and has carefully reviewed the Contract Documenls, and all Schedules thereto including, without limitation, the drawings and specifications referred to in Schedule A hereto, as well as the building codes, zoning Iaws, and other ordinances, laws and regulations applicable lo the Work. Contractor hereby acknowledges that RaceTrac is relying on Contracto/s expertise to properly inv€stigate such things. To the extent that RaceTrac obtains infonnation (such as a geotechnical report or soil boring logs) about the soil or subsurface conditions, RaceTrac agrees to provide this infonnation to the Contractor. This information is not, however, a warranty of subsurface conditions, but rather is offered as an aid in bidding only and it is not a part of the Contract Documents. RaceTrac assumes no responsibility for any variation between this information and the materials encountered during consrruction. 1.3.1 Risk ofUnforeseen Subsurface Conditions: 'fhe Parties expressly agree and understand that the costs required to complete the Work could vary significantly in the event subsurface conditions are encountered which are materially diflerent than those anticipated. This Agreernent allocates the risk ofdiffering site condition to the Contractor. Accordingly, notwithstanding any other provision in this Agreement or the Contract Documents, it is expressly agreed and understood by the parties that Contractor assumes all financial risks ofunforeseen, unanticipaled, or differing subsurface conditions with the sole exception ofrisks associated with any information about subsurface conditions obtained by RaceTrac (such as a geotechnical repon or soil boring logs), but not given to the Contractor. To the extent that RaceTrac obtains such information (i.e., geotechnical report or soil boring logs) about the soil or subsurface conditions, RaceTrac agrees to provide this information to the Contractor. This information is not, however, a warranty ofsubsurface conditions, bul rather is offered as an aid in bidding only and it is not a part ofthe Contact Documents. RaceTrac assumes no responsibility for any variation belween this information and the materials encountered during construction. This Agreement does not include a differing site conditions clause because the risk of increased costs due to differing subsurface conditions is on the Contractor, not RaceTrac. By entering this Agreement, Contractor acknowledges that it has taken this financial risk into account in its Contract Price. Should an unanticipated subsurface condition, of any kind (except as excluded above) or magnitude, be encountered, such will not be the basis of an increase in the Contract Price, but rnay be the basis for an increase in the amount of time to perform the work. To the extent this Section conflicts with any other provision ofthe Contracl Documents, this Section shall take precedence. 1.3. ValueEnsineerins:Contractor will review all drawings, specifications, and other Contract Documents wi(h a view to improving quality or serviceability and reducing price and will propose to RaceTrac appropriate revisions to the Contract Documents whenever appropriate. IfContractor requests or proposes any rnodification or addition to the Work, that request or proposal shall be govemed by Section 2.2 ofthis Agreement 1.4. Materials Brousht to the Worksite: Material Safet y Data (MSD) sheets as required by law and perlaining to materials or substances used or conserved in the Work, whether obtained by the Contractor, Subcontractors, the Owner or others, shall be maintained at the Project by the Conlractor and made available to -2- ils 16.A.1.b Packet Pg. 183 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) the Owner. The Contraclor shall be responsible for the proper delivery, handling, application, storage, removal and disposal of all materials and substances brought to the Worksite by the Contractor in accordance u,ith the Contract Documents and used or conserved in the perfonnance ofthe Work. To the extent caused by the negligent acts or omissions of the Contractor, its agents, officers, directors, and employees, the Contractor shall indernnify and hold hannless lhe Owner, its agents, officers, directors, and employees, frorn and against any and all claims, damages, losses, costs, and expenses, including but not linlited to attorney's fees, costs, and expenses incurred in connection with any disputed resolution process, arising out of or relaling to the delivery, handling, application, storage, removal, or disposal ol all materials and substances brought to the Project in accordance with the Contract Documents. The terms of this paragraph shall survive lhe completion ofthe Work or any termination of this Agreement. Scction 2. Chanses. InsDections an Correction of the Work. 2.1 . Chanses in the Work: RaceTrac may require Contractor to change the Work, and the Contract Price will be increased or decreased to equitably compensale or reirnburse, as the case may be, Contractor or RaceTrac for increases or decreases in the Work. Changes may only be made in writing, and the amount ofthe increase or decrease will be agreed to in advance ofContractor taking any action or incurring any cost in connection with such change. 2.2. Chanse Orders: lf RaceTrac requests an), modification or addition to the Work (a "Chanse"), such request shall be evidenced by a written order (a "Change Order"). No Change Order shall be binding unless and until signed by an authorized representative from the corporate office of RaceTrac (an "Authorized Representative"). An exclusive list ofAuthorized Representatives is attached hereto as Schedule I, as Schedule I may be amended from (ime to time in a signed writing delivered from RaceTrac to Contractor. IT lS EXPRESSLY UNDERSTOOD AND AGREED THAT A RACETRAC PROJECT MANAGER DOES NOT HAVE AUTHORITY TO ISSUE, EXECUTE, OR APPROVE A CI{ANGE ORDER. A Change Order shall lhereafter be incorporated into and become a part of this Agreement and the Change Order shall be deemed to be part ofthe Work. Ifa proposed Change will increase or decrease the cost ofthe Work or delay completion ofthe Work, Contractor shall submit to RaceTrac a written proposal outlining the increase or decrease in cost and any revision to the Construction Schedule for completion ofthe Work. RaceTrac, in its sole discretion, may accept or reject any such proposal or require Contraclor to provide additional information regarding any such proposal. If acceptable to and signed by an Authorized Representative ofRaceTrac, such proposal shall become part of the Change Order. No increase in the cost of the Work or revision to the Construction Schedule shall be binding unless the applicable proposal is signed by an Authorized Representative of RaceTrac prior to commencement of the Change. RaceTrac reserves the dght at all times to perform or hire any other party to perform any addition or modification to the Work and in such event such addition or modification shall not be covered by this Agreement. No oral change orders or oral authorizations are permitted or shall be recognized under this Agreement. 2.3. Correction ofthe Work: If it is the opinion ofRaceTrac, in its sole discrelion, that all orany portion ofthe Work has not been satisfactorily completed, RaceTrac may reject the defective Work or materials and so notify Contractor, listing such unsatisfactory portions ofthe Work. Contractor shall, within twenty-four (24) hours after receiving notice ofdefect, proceed to remove from the Property all materials rejected by RaceTrac or RaceTrac's representative, whether worked or unworked, and to remove all portion ofthe Work that shall by like notice be rejected as unsound or improper or in any rnanner failing to conform to RaceTrac's specifications and shall make good all Work thereby rejected. Any defective Work and materials shall be remedied or replaced at Contractor's sole expense. IfContraclor should fail to perform such repair or replacement within seventy-two (72) hours following the notice informiog Contractor thal the Work or any portion thereof was unsatisfactory, RaceTrac may in its sole discretion elect to perform or arrange to perform such Work and either deduct the cost thereof fiom any amounts due or thereafter to become due to Contractor, or bill Contractor for the cost ofsuch Work. r(N/ -3- 16.A.1.b Packet Pg. 184 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) 2.4. Cuttin[ and Patchinq: Contractor will perfonn cutting and patching necessary tojoin the Contractor's work with existing structures and with the work of other contractors so that the finished Work will have a smooth, neat, and finished appearance. 2.5. Alternate Materials: RaceTrac will infonn Contractor of its selection of altemate materials in writing, and the Contract Price will be adjusted accordingly. 2.6. Slbstitu(ions: Contractor will make no substitutions without the prior writlen approval of RaceTrac. IfContractor proposes or (with RaceTrac's prior approval) installs any substitutions for Work called for by the Contract Documents, Contractor guarantees these shall be equal in quality, function, and appearance to the items called for by the Contract Doculnents, and that substitutions are as easily maintained and ofequal durability to specified items. 2.1 Assiqnment: This Agreement shall not be assigned, delegated or transferred in whole or in part by Contractor, nor shall Contractor assign any monies due or to become due to it, without the prior *,ritten consent of RaceTrac. 3.1. Schedulinc ln conjunction with the presentation ofthe Bid to RaceTrac, Contractor prepared a project schedule that shows, in graphic fonn, the Contractor's plan for limely completion ofthe Work (the "Construction Schedule"), which Construction Schedule is attached to this Ag,reement as Schedule C. Contractor will order Work, equipment, and materials, including the release ofequipment and materials from RaceTrac or RaceTrac's vendors, with sufficient lead time to avoid intemrption of the Work and to meet the deadlines in the Conslruction Schedule. Contractor, at its own expense, u'ill employ such overtime as may become necessary for the timely completion ofthe Work according to the Construction Schedule. 3.2. Commencement of the Work: Contractor will not have any equipment or materials delivered to the Property prior to Ihe date on which RaceTrac has given Contractor written notice to do so. Within three days after written notice, Contractor will cornmence work on the Project, and will continue diligently thereafter, until the completion of the Work. 3.3. Delays and Extensions ofTime Contractor has taken into account inclement weather that is normally likely to occur, and the Constnrction Schedule will not be extended for normal inclement weather. For extraordinary inclement weather, and for earthquake, flood, fire, hostile action, and other causes beyond the control olContractor, RaceTrac will grant Contractor reasonable extensions of time provided Contractor applies for such extensions of time in writing no later than ten days after any such occurrence. Extensions of time will not be granted for delay to ponions of the Work unless the delay to such portions ofthe Work necessarily delays the completion date ofthe entire Work. Contractor understands that in the event ofdelay, RaceTrac will suffer damages. 3.3.1. No Damases for Delay: Contractor agrees to prosecute the Work and to require all subcontractors to prosecute the Work in a timely and proper method and manner so as to meet the dates reflccted on the Construction Schedule. [n the event that Contractor is delayed in the prosecution of the Work, then Contractor may request a time extension. Under circumstances entitling Contractor to a time extension, Contractor agrees that such time extension, if any, is its sole and exclusive remedy for any damages caused by delays. Contractor further agrees that RaceTrac shall not be liable for any monetary damages or olher schedule related damages including damages for acceleration, disruption or suspension of the Work regardless of the cause of such damages. RaceTrac shall not be liable for home office overhead expense or consequential damages should the Work be delayed, suspended, accelerated or disrupted for whatever reason. 1 t), Section 3. Schedulinq. Commencement. and Comnletion of Work. 16.A.1.b Packet Pg. 185 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) 3.5. Application for Final Payment: Alter receipt ofthe Notice ofFinal Acceptance, Contractor shall subrnit to RaceTrac its final Application for Payment (as that term is defined herein), which shall include a request for payment of the unpaid ten percent ( l0%) retainage of all previously approved Applications for Payment as provided in Section 6.1 hereof. Prior to final payment by RaceTrac, Contractor shall fumish RaceTrac a certificate properly executed by its duly authorized officer in the fonn attached hcreto as Schedule E (the 'Cenificate") and ail detlcient items lists shall be completed to thc satisfaction ofRaceTrac. 3.6 Final Patrnenf:Subject to the requirements of this Agreement, approximately thiny (30) days after the receipt of the final Application for Paymenl, the Certificate, all items listed on Schedule B, the applicable certificale(s) of occupancy related to the Work and the Project, and Contractor's tax letter in the form attached hereto as Schedule G, RaceTrac shall pay to Contractor the balance of the Contract Price owed to Contractor (such payment referred to herein as the "Final Payment"). 3.7. Wananty of Title: Contractor warrants and guarantees that title to all Work, material and equipment covered by an Application and Certificate for Payment will pass to RaceTrac upon the receipt of payment by Contractor, free and clear ofall liens, claims, security interests and encumbrances. 3.8 General Warrantv and Correction of Work: In addition to any warranlies contained in the Contract Documents and any manufacturer's warranties applicable to the materials and equipment fumished, Contractor warrants to RaceTrac that all malerials and equipment furnished on the Project by Contractor, RaceTrac, or otherwise, in the performance of the Work will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these standards shall be considered defective. lf, within one (l) year after the date on which Final Payment is made, any ofthe Work is found to be defective, Contractor shall correct it promptly to comply with the requirements ofthe Contract Documents after receipt ofa written notice from RaceTrac to do so. Contractor shall bear all costs ofcorrecting such defective Work. All defective or non-conforming Work shall be removed from the Project by Contractor at Contractor's sole cost and expense. In the event Contractor fails lo correct the defective Work, RaceTrac may correct it and hold Contractor liable for any and all costs, expenses and damages, including attorneys'fees and litigation expenses incurred by RaceTrac. 3.9 Destruction of the Work: [n the event the Work is damaged or destroyed in whole or in part by fire, earthquake, flood, or other peril, the tirne for completion of the Project will be appropriately extended, and the Contractor shall rebuild at no expense to RaceTrac. 3.1 I S!1ry914 Contractor will ernploy a licensed surveyor to locate the boundaries ofthe Property, set the benchmarks, and to prepare an as-built survey that will accurately Iocate the buildings and facilities called for by the Contract Documents. 5- t)5 3.4. Upon completion of the Work, Contractor shall notify RaceTrac in writiDg that the Work is complete and ready for final inspection. Ifupon receipt ofsuch notice and inspection thereof, il is the opinion of RaceTrac thal the Work has been satisfactorily cornpleted in accordance with this Agreement, RaceTrac shall give Contractor a written Notice of RaceTrac's Final Acceptance ofthe Work (lhe "NoticeofFinal Acceptance"). The dateofthe Notice ofFinal Acceptance shall be the date of"Substantial Comoletion" ofthe Work. Withoul limiting any of the foregoing, Contractor specifically agrees that the issuance of a certificate ofoccupancy shall not constitute substantial completion of the Work. 3.10 Inspection and Testins: Contractor will make all parts ofthe Work accessible for inspection and testing. Any portion ofthe Work covered up before inspection and testing have taken place will be opened up and replaced al Contractor's expense. Contractor will pay fees for inspection and lesting called for by the Contract Documents and/or by RaceTrac. 16.A.1.b Packet Pg. 186 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) 3.12 Utilities: Until such tirne as a gas station ard convenience store is opened for business on the Property by RaceTrac, Contraclor will provide, at its own expense, all power, water, gas, communication, and other utilities, including temporary utilities, that are used or consumed in the prosecution of the W<.rrk 3. r3 l)isou tes as to the of the Work:If RaceTrac and Conlractor disagree as to the scope of the Work required to be perfonned by Contractor for the Conlracl Price, Contractor will promptly and diligently perform the Work as required by RaceTrac, and will not slow or stop the progress of the Work. Such disputes will be resolved in accordance with Anicle l2 as set forth below. Section 4. Pernrits and Compliance with Law. Ll. Buildinu Pennits Contractor re?resenls and warrants that it will oblain building pennits as outlined in the Bid, and that the Contracl Price includes all costs to be incuned thcrefor. It is expressly understood, however, (hat RaceTrac will only reimburse Contractor for the actual cosl ofthe building pennit 4.2. Cornoliance With Codes and Laws Contractor represents that it is familiar with and will comply with all applicable laws, ordinances, building codes and regulations, applicable to the Work, including, without limitation, environmental laws and safety reguJations, the 2010 Americans with Disabilities Act Standards For Accessible Design, and thal the Contract Price includes all costs to be incurred for such compliance. 4.3. Contractor's License: Contraclor represents and warrants that it, and its subcontractors, havelhe authority to do business and are properly licensed in all jurisdictions applicable to the Property, and will rernain so continuously during the progress ofthe Work. 4.4. Safetv: Contractor will implement a safety program for the protection ofall persons on the ProPerty and in the environs ofthe Work. Without limiting ContractoCs obligations to RaceTrac under Section l0 hereof, Contractor will indemnify RaceTrac and hold it hannless from and against all claims, liabilities, fines, penalties, loss and expense, including attomey's fees, caused by or contributed to by unsafe conduct tolerated by Contractor or its subcontractors ofany tier. 4.5. [,and Disturhance les and Requlations:Contractor's obligations hereunder shall include the obligation to provide all necessary notices including, but not be limited to, timely filing of [the Notice of Inlent and Notice ofTennination (both of which relate to stonnwater discharges associaled with construction activity pursuant to applicable land disturbance rules and regulations), and/orl any documents and notices required by the goveming jurisdiction ofthe Properly as related to stormwater discharge or other land disturbance rules and regulations. Contractor shall ensure that stormwater is handled according to best management practices and in accordance with any and all applicable laws, ordinances and regulations. WITHOUT LIMITING CONTRACTOR'S OBLIGATIONS LTNDER THIS AGREEMENT, CONTRACTOR AGREES TO BE RESPONSIBLE FOR AND INDEMNIFY AND HOLD RACETRAC HARMLESS FROM AND AGAINST ANY OBLIGATION, COST, LIABILITY, OR OTHER EXPENSE (INCLUDING, WITHOUT LIMITATION, FINES, PENALTIES, LEGAL FEES, AND COURT COSTS) FOR FAILING TO COMPLY WITH ALL FEDERAL, STATE, ML]NICIPAL, LOCAL OR OTHER GOVERNMENTAL LAWS, ORDINANCES, RULES OR REGULATIONS. 4.6. Fringe Benefits: Contractor will pay all employee benefits, including, without limitation, fringe benefits incurred under any collective bargaining agreement, and will furnish to RaceTrac and RaceTrac's auditors satisfactory evidence to show these have been paid up to the amounl due at lhe time of any scheduled payment from RaceTrac to Contractor. lf Contractor or any subcontractor is listed by the admrnistrative office of any fringe benefit trust as delinquent in paynent, whether on this Project or other projects, such listing shall be a Default under this Agreement. RaceTrac may make payments on behal f of Contractor and deduct lhe arnount 6- l> 16.A.1.b Packet Pg. 187 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) from Contractor's earnings. Contractor will indemnify and hold RaceTrac hannless from and against all fringe benefit claims against Contractor or its subcontractors. Section 5. Subcon ractors. Subcontraclors have no direct contractual relationship with Race'frac. Contractor will rnake copies ofall subcontracts available for inspection by RaceTrac, including any modifications and change orders applicable to such subcontracts. Contractor will revise any subcontract provision to which RaceTrac has objection. Section 6. Pavment. 6.1. Payment: Subject to the terms of this Agreement, RaceTrac will pay Contractor the sum of'l'wo Million Seven Hundred Ninety-Seven Thousand Seven Ilundred Thirly-Three Dollars and No/Cents ($2,797,733.00 the "Contract Price"). From time to tinre (but no more ollen than once per calendar month) Contractor may subrnit an application for pa).rnent to RaceTrac with an itemized Application and Certificate for Payment in the form of Schedule D attached hereto (each an "Application for Paunent") for all Work completed by Contractor, less the aggregate ofall previously approved Applications for Pa).rnent. Each Application for Payment shall also include a list of all subcontractors and suppliers and amounts owing to each for such portion of the Work. Subject to the requirements of this Section 6, RaceTrac shall pay Contractor an amount equal to ninety percent (90%) ofthe value oflabor and materials for acceptable Work compleled and contained within each Application and Certification for Payment. 6.2. Use ofFunds: Contractor aErees thal any funds and/or payment it receives in performance ofthis Agreement shall be held in trust by Contractor for the benefit of its subcontractors, suppliers, laborers or malerialmen on the Projecl and Contractor shall not have any interest in such funds until all of the obligations on the Project have been satisfied in full. Contractor funher agrees that any funds received shall be used exclusively for the prosecution of this Project, and none will be diverted to satisfy other obligations ofContractor. Any diversion ofthe funds from this Project to satisfy the Contractor's obligalions on another project constitutes a Default under this Agreement. 6.3. Release of Liens: Notwithstandin g any provision herein to the contrary, no pa),rnent ftom RaceTrac shall becorne due or payable unless and until Contractor lurnishes original affidavits, releases and/or waivers, in the fonn attached hereto as Schedule or as otherwise requested by RaceTrac, with respect to all claims, demands, liens and clairns for liens, ofany kind, ofany person, finn or corporation who may have performed labor and services or furnished malerials in connection with the Work (each a "Lien Waiver" and collectively "Lien Waivers"). Such Lien Waivers shall be attached to each Applicalion for Payment with respect to Work completed to the date ofthe Application for Payment. RaceTrac may retain and pay out ofany rnonies due hereunder an amount sufficienl to completely indemnify RaceTrac against such claims, demands, liens and claims for liens ifContractor fails or neglects to fumish such affidavits, releases and/or waivers as may be required by RaceTrac, and the amount of any such payment shall be deducted from any amounts otherwise due and owing to Contractor hereunder. 6.4.Statement ofContract or and Subcontractors RaceTrac may at any time require frotn Contraclor or any subconractor, laborer or materialman a certificate, affidavit or other statement of indebtedness of Contractor to subcontractors, laborers or materialmen, and may withhold payment to Contractor until such statemen( is fumished. 6.5. List of Subcontractors: Notwithstanding any provision herein to the contrary, no payment shall become due or payable until and unless Contractor fumishes to RaceTrac and keeps current a written list ofevery subcontractor and supplier of materials in connection with the Work, including the correct mailing address, J 7- 16.A.1.b Packet Pg. 188 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) telephone nurnber and the name ofthe person to be contacted in reference to the Work to be perfonned by every such supplier and subconaactor. 6.6. Joint Checks: RaceTrac reserves the right to make payments to Contractor in the form ofchecks payablejointly to Contractor and to any of ils subcontractors or suppliers that might have a right to asscrt a claim of mechanic's lien against the Property. lt is expressly ageed that thejoint check funds are the property oflhe ultimate recipient ofthe funds and not the property of the otherjoint payee. 6.1 . Backcharges: Race'l rac ma y u'ithhold from Contractor one hundred fifty percent ( 15096) ol the amount it estimat€s il would cost to correct any defective Work, and may also withhold from Contractor the amount that it reasonably estimates as any damages for delay in lhe completion ofthe Project. 6.8. Payment Not Approval: No payrnent made by RaceTrac to Contractor shall be considered to be evidence of RaceTrac's approval ofportions of the Work completed by Contractor. 6.9. Offsettins Obliqations: RaceTrac may deduct from atnounts due or to become due to the Contractor pursuant to Ihe Agreement any sums due or to become due to RaceTrac lrom the Contractor whether or nol the obligation arises oul ofthe Work. RaceTrac may apply such deducted funds to any account, related or unrelated to this Agreement, wherein lhe obligalions ofthe Contractor have not been discharged as determined by RaceTrac, and wherein RaceTrac's interests are directly or indirectly involved. 6. 10. Taxes: Contractor will pay all sales, use, business license, and other taxes imposed by public authority on account ofthe Work. RaceTrac will pay the taxes imposed on the ownership of the Property and fees and exactions of public agencies that are used to finance public improvements related to the Property. 6.11. Performance an P d If a perfonnance and pal.rnent bond are required, please execule Rider "A" to this Contract. Section 7. Default. The occurrence ofany ofthe following shall constitute a "Default" under this Agreen)ent: 7 .1. Contractor is or becomes unable to pay its debts when due; 7.2. Any proceedings are brought seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or sirnilar relief, of or with respect to Contractor, under the present or any furure Federal bankruptcy act or any other Federal or State law or regulation; 7.3. Any proceedings are brought seeking the appoinhnent of a receiver or similar officer of court with respect to Contractor's business; 7.4. Contractor fails to supply adequate and competent supervision, or enough properJy skilled workmen or materials ofthe proper quality or quantity; 7.5. Contractor fails to make timely payment to subcontractors, or for materials or labor; 7.6. Contractor fails to comply with governmental laws, ordinances, rules, regulations or the instruclions of RaceTrac or RaceTrac's representatives; 7.'7. in RaceTrac's sole opinion, Contractor fails to diligently prosecute the Work; or fails to meet the Construction Schedule; or fails to perfonn the Work in an acceptable or adequate manner; or -8- N' 16.A.1.b Packet Pg. 189 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) 7.8. Contractor fails to perfom or observe any other provision ofthis Agreen:ent or the Contract Documents. Section 8. Remedies, 8.1. Termination ofConlractor: If Contractor defaults under the Contract Documents, Race'Irac may, in addition to any other remedies available hereunder or at law or equity, terminate Contractor's right to continue performance and require the Contractor lo delnobilize from the Project. IfRaceTrac exercises this remedy, Contractor must leave all materials on the Property in place for the sole and exclusive use of RaceTrac to complete the Project. Contractor must provide RaceTrac with all information needed by RaceTrac to effecl an efficient transition ofthe Work to RaceTrac's staff, or to other conractors selected by RaceTrac. RaceTrac, at its sole option, may choose to require the Contractor to continue to complete the Work despite the Default. Contractor shall reimburse RaceTrac for executive and administrative expense incurred as a result ofthe Delault and Contractor shall pay to RaceTrac all other damages that may be sustained by RaceTrac because of Contractor's Default. Damages shall include cornpensation for the tirne and rnoney expended by RaceTrac and its staffoccasioned by the Default. 8.2. under the Con reasonable ass Race'l'rac's Ri rrh t to StoD the Work:In the event that Contractor fails to perfonn its obligations tract Documents, RaceTrac rnay stop the Work until Contractor has given RaceTrac satisfactory urances that Contractor will properly resume and diligently perform the Work. 8.3. Other Remedies: In addition to the foregoing, RaceTrac may: 8.3.1 Supply workers and materials, equipment and other lacilities as RaceTrac deems necessary for the satisfactory correction ofthe Default, and chargc the cost to the Contractor, who shal] be liable for the pa),rnent of same including reasonable overhead, profit and attomey's fees. 8.3.2 Contract with others to perlorm such part of the Work as RaceTrac determines shall provide the most expeditious correction ofthe Default, and charge the cost to lhe Contractor. 8.3.3 Withhold payment due (he Contractor. 8.3.4 In the event of an emergency affecting the safety of persons or property, immediately commence and continue satisfactory correction ofsuch Default without first giving written notice to the Contraclor, but shall give prompt written notice ofsuch action lo the Contractor following commencement ofthe action. 8.3.5 Pursue any and all remedies available at law or equity, including without limitarion damages (actual, consequential and incidental) and injunctive relief. 9.1. Term: The "Term" oflhis Agreement shall begin on the date ofexeculion hereofand, except as otherwise provided for herein, shall end on the date of Substantial Cornpletion of the Work. 9.2. Termination for Convenience: At any time, by notice to Contractor, RaceTrac may terminate the accrual ofany future obligations under this Contract, and terminate the Contractor's continued performance. ln the event ofsuch termination Contractor shall immediately cease performance ofall Work and remove all of its employees, agents and subcontractors from the Properly. Unless otherwise directed by RaceTrac, Contractor shall not remove any rnaterials from the Property. Contractor shall nol be entitled to recovery ofdamages related to or arising out ofsuch termination, including, without limitation, claims for costs, expenditures, or lost profits. In the -9- p ) Section 9, 'ferm and Termination. 16.A.1.b Packet Pg. 190 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) event of termination for convenience, RaceTrac shall pay to Contractor its actual costs incurred up lo the provision of the notice of temination p/rar Conlractor's profit on a pro-rata basis to the portion of lhe Work completed up to the provision of the ootice oftermination. 9.3. Termination upon Default ofContractor: Ifthe Contract is terminated due to Default, RaceTrac shall have the right, without limitation of any of RaceTrac's other remedies hereunder or at law, to deduct ftom any monetary obligation due from RaceTrac to Contractor, whether the obligation arises out ofthis Project or otherwise, the amount of damage incurred by RaceTrac arising fronr the Default, including the cost of completing the Work, and any excess over such balance shall be paid by Contractor to RaceTrac upon demand. 10.1. General lndemnilv: Contractor shall protect, defend, indemnify and hold RaceTrac, its agents, ernployees, officers, directors, shareholders, attomeys, and any affiliate of RaceTrac (hereinafter collectively referred to as the "lndemnitees" and each as an "lndemnitee"), hannless from and against any and all claims, demands, suits, actions, liabilities, liens, losses, judgments, penalties, interest, court costs, legal fees, damages anrl expenses of every kind and character whatsoever (the "Claims") incuned by or asserted against the Indemnitees arising directly or indirectly out of the negligent acts or omissions or willful misconduct of Contraclor, its contractors or subcontractors, or their respeclive employees and agents, or arising out ofContractor's (and/or its subcontactors') p€rformance ofthe Work or failure to comply with the provisions ofthis Agreement or the Conlract Documents, or arising out of claims (including claims ofnegligence whether or not covered by any workers' compensation laws or insurance) by any employee, agent, representative or independent contractor of Contractor or its subcontraclors, agents or independent contractors for personal injury or wrongful death alleged to have occurred on the Property or in connection with the Work. This indemnity shall also extend lo any claims for damage to property, including but not linited to the property ofContractor, its subcontractors, RaceTrac, RaceTrac's contractors and subcontractors, or any third party. Upon notice by an lndemnitee, Contractor shall immediately investigate, handle, respond to, provide defense lor and defend (with counsel acceptable to RaceTrac) any such claim, demand or action at its sole expense and will bear all other costs and expenses related thereto, even ifthe same is groundless or fraudulenl. At its option, such Indernnitee may choose the legal counsel that will defend it and may control the defense and/or settlement of any such matter. In such event, Contractor shall reimburse Indemnitee, within 30 days after request, for all expenses incurred by such Indemnitee related to such defense, including all attomeys'fees. lf Indemnitee does not exercise its right to choose counsel, Conlractor will instruct counsel it chooses to keep Indernnitee informed ofthe progress of the dispute or litigation in such reasonable detail as Indemnitee may request. 10.2. lntellectual Propertv Indemnitv: Contractor shall indemnify and save RaceTrac hannless fron and against all costs, expenses, darnages, losses or liability arising from infringement or alleged infringernent of the intellectual property of any third pany, including, without lirnitation, any United States patent, by reason of any equiprnent fumished by Contractor as a part of the Work. 10.3. Lien lndemnitv: Contractor shall notify RaceTrac imrnediately ofthe filing ofany liens inclucling, without limitation, laborer's, rnaterialmen's or mechanic's liens, upon the Project and/or against the Property and arising out ofthe services, labor or rnaterial furnished by Contractor or its subcontractors in connection with or arising out of the Work. RaceTrac uray, upon receipt ofany notice of the filing of such lien, require Contractor to fumish a bond within ten ( 10) days in an amount and with such sureties as may be approved by RaceTrac, among the terms ofwhich shall be to indemnify and save harmless RaceTrac from and against any and all such liens ufon or against the Work or the Property. In the event Contractor fails or refuses to fumish such bond when so required, RaceTrac shall have the right to pay any sums necessary to obtain the release of such liens and to offset the imount paid therefor from any moneys owed to Contractor or to require Contractor to pay any such sums directlY. ri 7 - 10- Section 10. I nde mn ilica t ion. 16.A.1.b Packet Pg. 191 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) 10.5 Environmental Indemnification: The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (l ) for remediation of a material or substance brought to the site and that Contractor negligently handles, or (2) where the Contractor fails to comply with any requirements in the Contract Documents regarding Hazardous Materials. Section ll. Insurance. I I .1. Cornrnercial General Liabilitv Insurance: Before commencing Work, Contractor will deliver to RaceTrac a Certificale of Insurance showing that Contractor has in force a commercial general liability insurance policy with broad-form propeny damage and bodily injury coverage, covering liability assumed by contract, completed operations, explosion, collapse, underground hazard, contractor's pollution liability and products liability, affording $ I ,000,000.00 in coverage for each occurrence and $2,000,000.00 in the aggregate and $2,000,000.00 coverage for products-completed operations. These limits shall apply per project and shall be evidenced by Endorsement Form #CG2503 which shall be attached Io the Certificate of Insurance. The compleled operations coverage will begin when all work has been completed and shall continue until the applicable Statute of Repose applies or for such period as may be required by contract. The Certificate of lnsurance will name RaceTrac as an additional insured covering both ongoing and products-completed operations which shall be evidenced by attaching copies of Endorsement Forms #CG20l0 and #CG2037 (or their equivalenr) and will provide that Contractofs coverage is primary without any contribution from any olher insurance afforded to or maintained by RaceTrac, and will provide a waiver ofsubrogation in favor of RaceTrac. The Certihcate will provide that the insurance may not be cancelled or modihed without 30 days prior written notice to RaceTrac. 11.2. Workers' Comoensation Insurance: Contractor will maintain in force statutory workers' compensation and employer's liability insurance of $ I ,000,000.00 at all times during the performance of the Work and will provide a waiver ofsubrogation in favor ofRaceTrac. Statutory coverage shall include coverage for the state of the localion ofthe project and the state of domicile ofContractor. I1.4. Builder's Risk: Conlractor shall purchase and maintain property insurance wriften on a builder's risk all-risk or equivalent policy form including flood, windstorm and earthquake in the amount of no less than $1,000,000.00 and shall include coverage for the cost of materials supplied or installed by others, whether stored at the Project or in transit, comprising total value for the entire Project on a replacement cost basis wilhout optional deductibles and will provide that Contractor's coverage is primary without any cont bution from any oiher insurance afforded to or maintained by RaceTrac. The certificate of insurance will name RaceTrac as an additional insured and loss payee and its subcontractors of every tier as additional insured and will provide a waiver ofsubrogation in favor of RaceTrac. The Certificate will provide that the insurance may not be cancelled or modihed without 30 days prior written notice to RaceTrac. 11.5. General: All insurance policies required in this Section shall be issued by insurance companies with an ..A,' Vll or better rating, and who are licensed to do business in the state in which the Propeny is located. -l l- I 10.4 Arnericans with Disabilities Act lndemnity: To the fullest extent pennitted by law, Contractor shall fully indemnify and save RaceTrac harmless from and against all liability, damage, losses or liability caused by, or to the extenl allcged to be cause by a failure ofContractor to conform with the standards and requiremenrs set lorth in the 2010 Americans wilh Disabilities Act Standards for Accessible Design. I 1.3. Automobile Liabilitv lnsurance: Contractor shall carry and maintain Automobile Liability lnsurance covering owned, non-owned and hired vehicles for bodily injury and property darnage including death with limits ofat least S 1,000,000 per occurrence. The certificate ofinsurance will name RaceTrac as an additional insured, will provide thal Contractor's coverage is primary without any contribution from any other insurance afforded to or maintained by RaceTrac, and will provide a waiver olsubrogation in favor ofRaceTrac. 16.A.1.b Packet Pg. 192 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) Section 12. Dispute Re solution. 12.) Nesotiation/Ar b itrat ion:l'he Parties agrce thal all claims, disputes and other rnatters in question arising out ofor relating to lhis Agreement, or the performance or the breach thereof, except for clairns which have been waived by the acceptance of Final Pa),ment shall be handled as follows: The Party initiating a Dispute shall first give written notice and a brief description of the Dispule to the other Party. Designated representatives of each Party, having authority to settle the Dispute, shall then meet, negotiate and endeavor in good faith to resolve the Dispule. Ifsuch representatives fail to rneet or are unable to resolve the Dispute within thirty (30) days after the nolice from the Party initiating the Dispute, the Parties agree that the Dispule will be decided by binding arbitration before the American Arbitration Association ('AAA) in accordance with the AAA Construction Industry Arbilratjon Rules ("AAA Rules") then in efl'ect. Prior to filing a denrand, by mutual agreelnent, the Pafiies may agree to use a private arbitrator or another service in lieu ofthe AAA. ln no event shall the arbitration hearing commence later than one hundred eighty (180) days from the date thar the demand for arbitration is filed. 12.2 Location ofthe Arbitration: The arbitration shall take place in Atlanta, Ceorgia. 12.3 Finalitv and Confinnation of the Award: The arbitration award shall be final and judgment may be entered upon it in accordance with applicable Iaw in any court having jurisdiction. 12.4 Work Continuation: Unless directed by RaceTrac or otherwise agreed in writing, Contractor shall continue its Work and maintain the Construction Schedule during or pending any negotiation, mediation or arbitration, and conversely, RaceTrac shall continue to perfonn its obligations under this Agreement in such an event. 12.5 No Limitation on Riehts or Remedies: NothinS contained in this Article 12 shall lirnit any rights or remedies, not otherwise expressly waived by Contractor, which Contractor rnay have under lien laws or pa)"rnent bonds, provided however, that negotiation and arbitration under this Article are conditions precedent to any such right ofContractor to institute an action in any court against RaceTrac, and ifsuch action is instituted, Contractor agees that it shall be stayed pending negotiation and arbitration. Sectionl3. Ntiscellaneous. 13.1. Conflicts in the Contract Documents: Contractor will carefull y review the Contract Docurrents, and will call RaceTrac's attention to any conflict, omission, or ambiguity, and RaceTrac's decision as to the true meaning ofthe Contract Documents shall be final. 13.2. Equal Emolo\.rnent Opportunity: Contractor will comply with the affirmative action and equal employment opportunity policies of RaceTrac and with all equal employment opportunity requirements adopted by any governmental authority including the Civil Rights Act of 1964, Executive Orders I 1246, I I 375 and I 1478, and any state fair emplolment practices acl. Contractor u'ill likewise require its subcontractors and suppliers to comply with all equal emplo),ment opportunity requirements. 13.3 2010 Arnericans rvith Disabilit;esAct Standards for Accessible Desisn: Contactorwiil corn 1,l -12- plv with the standards and requirements set forth in the 2010 Americans with Disabilities Act Standards for Accessible Design. Contractor will likewise require its subcontractors to comply with the standards and requirements set forth in the 2010 Americans with Disabilities Act Standards for Accessible Design. 16.A.1.b Packet Pg. 193 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) 13.4. lndeDendenl C ontractor There is no agency or employment relationship between Race'frac and Contractor. In perfonning its dutics under this Agreemenl, Contractor acts entirely as an indep€ndenl contmctor 13.5- Ilsolvencv: If RaceTrac should becorne doubtful as to Conlractor's solvency or Contractor's financial ability to conrplete the Work. then Contractor will provide RaceTrac's auditors with such infonnarion, including financial staternenls and an examination of the books and records of Contractor, as they deem sufficient to determine Contractor's financial strength. IfRaceTrac is of the opinion that Contractor does not have sufficienl financial strength to promptly and diligently proceed with the perfonnance and completion of the Work, Race'l'rac may terminate Contmctor's right to perform the Work, and may employ others to complete the Work at the expense ofContractor. 13.6. No Oral Aereernent: This Agreement can be rnodified only by a written document signed by both panies. No altempl to lnodify this Agreemcnt by an oral agreernent shall be rccoguized. '13.7 . No Other Aqreement: This Agreement constitutes the entire agreement of the Panies, and no written or oral communication between RaceTrac and Contractor before the time of execution ofthis Agreement shall be considered to enlarge, modify, or explain the terms of the Agreement. I 3.9. Audit and Inspection: RaceTrac shall at all times be afforded opportunity for inspection of the Work and shall at all times have access to the Property, Work and materials, to all books, records, correspondence, instructions, plans, drawings, receipts, facilities and memoranda of every description of Contractor, and Contractor shall preserve such instruments without additional compensation for a period of two (2) years following completion or termination of this Agleement. 13.10. Notices: Any notice required or permitted bythis Ageement shall be given by RaceTrac lo Contractor ia writing at the following address: 2671 1 Dublin Woods Circle, Bonita Springs, FL 34135. Any nolice required or permitted by this Agreement to be given by Contractor to RaceTrac shall be given in writing at the following address: 3225 Cumberland Boulevard, Suite 100, Atlanta, Georgia 30339. Notices shall be in writing and shall be effeclive upon the date ofreceipt or refusal of delivery. 13.3. Confidentiallnfonnation: l3.l2.l In the course ofContractor's deaiings with RaceTrac, RaceTrac may disclose to Contractor certain confidential and proprietary information (the "Confidential lnformation"). Confidential Inlormation shall include, but not be Iimited to, all development criteria, fonns of contracts, store plans, planograms, data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, customer lists, information regarding property and other information disclosed or submitted, orally, in writing, or by any other rnedia, by RaceTrac, its contractors, alfiliates, or related entities on the one hand, to Contractor on the other hand. 13.12.2 Trade Secrets: ln the course of Contractor's dealings with RaceTrac, RaceTrac may disclose to Contractor certain Trade Secrets. "Trade Secret" means information, without regard to form, including, but not limited to, technical or nontechnical data, a formula, a pattem, a cornpilation, a program, a device, a _ l3_ l, 13.8. Records: Contractor shall keep records and books ofaccount and all contrac(s and subcontracts, which shall be subject to audit by RaceTrac, showing the actual cost to Contractor of all items of Iabor, materials, equipment, supplies, services and other expenditures of whatever nature for which payment is authorized under the provisions ofthis Agreement. The books ofaccount are to be maintained in accordance with generally accepted accounting principles. 13.11. Time isofthe Essence: Time is ofthe essence ofthis Agreement. 16.A.1.b Packet Pg. 194 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) 13.12.3 Oblieations ofContraclor with Regard to Confidential Inionnation and TJade Secrets Contractor agrees that the Confidential Infonnation and Trade Secrets are considered confidential and proprietary and shall hold the same in confidence, shall not use Confidential Infonnation or Trade Secrets other than for the purposes of its business with the RaceTrac, and shall disclose either only to those persons rvithin Contractor's business with a specific need to know such infonnation. Contractor hereby agrees to comply with any and all of RaceTrac's policies and procedures for lhe protection olConfidential lnformation and Trade Secrets. Confidential Informalion and/or Trade Secrets fumished in tangible form shall nol be duplicated by Contractor excepl for purposes of its business with RaceTrac. Upon the request of RaceTrac and/or upon termination of Contractor's business with RaceTrac, Contractor shall return all Confidential Information/Trade Secrels received in written or tangible form, including copies, or reproductions or other media containing such Confidential lnformation/Trade Secrets, within one (l) day ofsuch request. Contractor shall not retain copies or abstracts of any ofthe Confidential lnfonnation/Trade Secrets. Contraclor shall have no obligation under this Agreement with respect to Confidential Infonnation which is or becomes publicly available without breach of this Agreement by Conractor; is rightfully received by Contractor without obligations of confidentiality; or is developed by Contractor without breach of this Agreement; provided, however, such Confidential Information shall not be disclosed until thirty (30) days after written notice ofintent to disclose is given to RaceTrac along with the asserted grounds for disclosure. 13.12.4. Intellectual Prooertv: Neither Party shall make use ofany of the other Pany's intellectual propeny or logos without the prior written consent of that Party, and all use of trademarks and/or tradedress shall inure to the benefit of the trademark/tradedress owner. 13.13. Governine Law and Jurisdiction: This Agreement will be govemed by and construed in accordance wilh the laws ofthe State of Georgia. I3.14. Interest: Any amounts due herein frorn Contractor to RaceTrac which are not paid when due shall bear interest at the highest rale allowed by law or eighteen percent (l8olo) per annum, whichever is higher l3.l 5. Atlomeys' Fees: lf RaceTrac must initiate or defend against a demand for arbitration under Section l2 of this Agreement, RaceTrac is entitled lo an award for its atlomeys' fees ifthe arbitrator delermines that RaceTrac is the prevailing party. ln tenns ofdefending a clairn, Racel'rac will be considered the prevailing party if the Contractor is awarded less than fifty (50%) percent of its clairn. 13.16. Sisnaee: Neither Contractor nor any subcontractors shall place or cause to be placed any sign or signage on the Propeny without the express written pennission by an Authorized Representative of Racel rac. l3.l 7. Further Actions: Each Party agrees to execute, acknowledge and deliver such further instruments, and to do all such other acts, as may be necessary or appropriate in order to carry out the purposes and intent ofthis Agreement. 13.18. Waiver: No course ofdealing, course of performance, or failure ofeither Party strictly to enforce any term, righl or condition of this Agreement shall be construed as a waiver of such term, right, or condition or d> -t4- method, a lechnique, a drawing, a process, financial data, financial plans, product plans, or a list of actual or potential customers or suppliers which is not courmonly known by or available to the public and which information: (A) Derives economic value, actual or potential, from not being generally kno*,n to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (B) Is the subject of efforts that are reasonable under the circumslances to rnaintain its secrecy. Contractor acknowledges that RaceTrac obtains or develops certain Trade Secrets in the ordinary course of its business and that Contractor may leam ol, or have access to, such during the course of its dealings with RaceTrac. 16.A.1.b Packet Pg. 195 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) shall affect the right to enforce such tenn, right or condition in the future, nor shall any express waiver be construed as a continuing waiver of any such tenn, right or condition. l3.l 9. Descriptive Headines: The descriptive headings of this Agreement are tbr convenience only, and shall be ofno force or effect in construing or interpreting any ofthe provisions of this Agreement. 13.20. Amendments: This Ageemenl may be amended only by a subsequent writing signed by authorized representatives of both Parties. 13.21. Severabilitv: Ifa court of competent jurisdiction adjudges any provision ofthis Agrecment to be invalid or unenforceable, the rernaining provisiols shall not be affected thereby, and the Parties shall in good faith attempt to amend this Agreement to eliminate such invalidity or unenforceability, without thereby affecting the inlenl of the Parties as expressed herein. 13.22. Counterparts: l'his Ageement may be executed by each Party upon a separate counlerpart, each ofwhich shall be deemed an original and all ofwhich together shall constilute one agreement. Facsimile signature pages shall be acceptable as originals. 13.23. Survival ofTerms: Sections 1.5,3.7,3.8,4.2,4.5,10.1, 10.2, 10.3, 10.4, 12.1,13.3, l3.ll, l3.l l.l, 13.11.2, 13.11.3, 13.I 1.4 shall survive the Tenn and termination of rhis Agreement. IN WITNtrSS WHEREOF, each olthe Parties has caused this Agreement to be executed by its duly authorized officer as ofthe date first above written. RACETRAC PI LEUI\T, INC.ENVIRO 51'RU 1_t_c B Signalure lt b6 Signature N€:.L S |oo) Prifi Name Prinl Name /2, t ;,.t, .T Title 7'itle c 6,2 //rt ? a D. C ont rac I or's Lic e nse Num ber B )/ -t5- 16.A.1.b Packet Pg. 196 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) PROJECT NAME LOCATION: VERIFICATION OF FINAL COST RaceTrac Store #2425 Section 3, Townshlp 50 South, Range 26 East, Collier County, Florida RaceTrac Petroleum, lnc. 3225 Cumberland Boulevard, Suite 100 Atlanta, Georgla 30339 POTABLE WATER (Material and Services) NAt\4E & ADDRESS OF OWNER TYPE OF UTILITY SYSTEM: ITEM SIZE QUAN. UNIT COST TOTAL Hot Tap 8" HDPE w/14" Casing Dr-18 Water Main WFittings Dr-14 Water Main MFittings Dr-18 Water Main MFittings Gate Valve Gate Valve Air Release Assembly Fire Hydrant Assembly Auto Flush Assembly Water Service Water Service lrrigation Service (Tap & B/F Only) DDCV (Fire) FDC (Fire) PIV (Fire) Dr-14 Fire Main W/Fittings Building Riser I do hereby certify that the quantities of material and services described above are a true and accurate representation oi the as-installed cost of the system. CE 16" x 8"trA 140 LF 53 LF 40 LF 55 LF 2EA 1EA lEA lEA 1EA 339 LF 286 LF 1EA 1EA 1EA 1EA 349 LF.] EA TOTAL COST $8,213.00 $150.00 $87.00 $66.00 $22.00 $1,654.00 $975.00 s2,1 15.00 s3,647.00 $2,876.00 s17.98qe o? $2,319.00 s6,898.00 $1 ,1 15.00 $1,945.00 $26.7 4 s1,080.00 $8,213.00 $21,000.00 $4,611 .00 $2,640.00 $1 ,210.00 $3,308.00 $975.00 $2,1 15.00 $3,647.00 92,876 00 s6,09s.22 $2,553,98 $2,319.00 $6,898.00 $1,1 15.00 $1,945.00 $9,332.26 $1,080.00 s81,933.46 I 8 I 6 I 4 2" 314" 4" 4" N es 6VPresident Caloosa Site Development, lnc. 10880 Metro Parkway, Suite J Fort Myers, Florida 33966 e b OF STATE OF COUNry OF Florida Lee 16.A.1.b Packet Pg. 197 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) PROJECT NAN4E LOCATION:Section 3, Township 50 South, Range 26 East Collier County, Florlda RaceTrac Petroleum, Inc. 3225 Cumberland Boulevard, Suite 100 Atlanta, Georgla 30339 SANITARY SEWER (MATERIAL AND SERVICES) NAME & ADDRESS OF OWNER ryPE OF UTILIry SYSTEM ITEM SIZE QUAN, UNIT COST TOTAL x44 aOG 4 4 2 2 4 6 1EA 14 LFlEA 315 LF 1EA 97 LF 150 LF 2EA 1EA TOTAL COST $7,671.00 $21.00 $1.875.00 s7.67 $2.025.00 s13.00 s31.53 s6,707.00 s25,315.00 $7,671.00 $294.00 $1,875.00 $2,416.05 $2,025.00 $1.261.00 $4,729.50 $13,414.00 $25,315.00 s59,000.55 I do hereby cerlify that the quantities of material and services described above are a lrue and accurate representation of the as-installed cost of the system. CERTIFYING OF Caloosa Site Dsvelopment, lnc. 10880 Metro Parkway, Sulte J Fort Myers, Florida 33966 J STATE OF COUNTY OF Florlda Lee The foregoing instrument was sig ned and acknowledged before me this 12th day of September, 2016 by who is personally known to me ".. OR who produced identification _.\o irr=Pu 1l Type of identification Produced ,/l (OTNINE J. HOLTTY Notary Public. Slate ol Florlda My comm. ErPlrcs SeP 11,2018 Commisslon # tt 159248 Eoidcd lhrough fhlional Noluy Assn. Notary Public Seal VERIFICATION OF FINAL COST RacsTrac Store #2425 Hot Tap OR-14 Force Main w/Fittings Check Valve wnr'ault Sch80 Force Main Air Release Valve SDRZ6 Sewer Pipe SDR16 Sewer Pipe Grease Traps Grinder Station 16.A.1.b Packet Pg. 198 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number:2016361795 Transaction Number:2016-068433 Date Paid:10/18/2016 Amount Due:$4,000.00 Payment Details:Payment Method Amount Paid Check Number Check $4,000.00 338069 Amount Paid:$4,000.00 Change / Overage:$0.00 Contact:RACETRAC PO BOX 105035 ATLANTA, GA 30348 FEE DETAILS: Fee Description Reference Number Original Fee Amount Paid GL Account Utility Performance Refundable Bond PL20160002277 $4,000.00 $4,000.00 670-000000-220113 Cashier Name:ElizabethMendez Batch Number:5765 Entered By: melissaalvarez 16.A.1.b Packet Pg. 199 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY PROJECT NAME: RacsTrac Store #2425 LOCATION: Soc{lon 3, Townshlp 50 South, Rango 26 East Colll€r County, Florlda NAME & ADDRESS OF OWNER RaceTrac Petroleum, lnc. 3225 Cumberland Parkway, Sulte 100 Atlanta, Georgla 30339 ilPE OT IJTILIry SYSTEM POTABLE WATER (Materiats Onty) ITEM SIZE QUAN. UNIT COST TOTAL Hot Tap I' HOPE d14' Casing Dr-18 Water Main WFittings Dr-14 Water Main WFittings Dr-l8 Water Main MFittings Gale Valve Gate Valve Air Release Assy Fire Hydrant Assy Auto Flush Assy Water Service lrrigation Servlce CERTIFYING: J OF: TOTAL COST $5,088.00 s10,s00.00 $2.279.00 $1,800.00 s605.00 $2, 162.00 s68s.00 $1,s90.00 $2,560.00 $2,120.00 $1,431.00 $1,378.00 $32,198.00 ,', '16" x 8"1 't40 53 40 55 2 1 1 1 I 1 1 EA LF LF LF LF EA EA EA EA EA EA $5,088.00 $75.00 $43.00 $45.00 $11.00 $1 ,081.00 $685.00 $1,590.00 $2,560.00 92,120.00 s1,431.00 $1.378.00 o 8" 8" o 8', EA 2" 1-112" I do hereby certify that the quantities of material described above are a true and accurate representation of the system being cutributed to Collier County Utilities. STATE OF COUNTY OF ident Caloosa Slte Development, inc. 10880 Metro Parkway, Suite J Fort Myers, florida 33966 Florida Lee The foregolng instrument was s igned and acknowledged before me this 11th da y of August, 2016 byJ€who is personally known to me L/ OR who produced identification t) r. Type of ldentification produced 16.A.1.c Packet Pg. 200 Attachment: Assets Sheet (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard) CERTIFICATION OF CONTRIBUTORY ASSETS. COUNTY PROJECT NAME: RaceTrac Store #2425 LOCATION: Section 3, Townshlp SO South, Range 26 East Colller County, Florlda NAME & ADDRESS OF OWNER,RaceTrac Petroloum, lnc. 3225 Cumberland Boulevard, Suite 100 Atlanta, Georgla 30339 TYPE OF UTILITY SYSTEM:SANITARY SEWER (MATERIALS ONLY) ITEM SIZE QUAN. UNIT COST TOTAL Hot Tap Dr-14 Force Main #Finings Check Valve wny'ault CERTIFYIN OF ent Caloosa Slte Development, Inc. 10880 Metro Parkway, Sulte J Fort Myers, Florida 33966 Florida Lee 14' x 4" 4' 4" 1 '14 1 EA LF $4,770.00 s98.00 $1,115.00 oe STATE OF COUNTY OF The foregoing instrument was signed and acknowled ged before me this 1 1th d ay of August, 2016 by.J ce, 13,who is personally known to me .z OR who produced identification Type of ldentification produced 0ENrlr€ J. H0tLtY olal, Publlc - Sl.l! ol tlo.ida tty Comm. trpkls S!, t t. ?0t6 Commitsion , ft 1592,18 N otary Public Seal:.'l**k'z i,Ws BqxH tuor,$ Nrinil tloury l(.i' $4,770.00 $7.00 $1,1 15.00 TOTAL COST $s.e83.oo I do hereby certify thst tho quantities of material described above are a true end aca:rate representjation of the system b6ing contributed to Collier County Utilities. 16.A.1.c Packet Pg. 201 Attachment: Assets Sheet (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)