The URL can be used to link to this page

Home My Public Portal AboutFire Training Tower Construction - Bear General ContractorsInit. Document A104w - 2017 Standard Abbreviated Form of Agreement Between Owner and Contractor y --=' AGREEMENT made as of the day of��in the yearah021 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Crestview, Florida 715 North Ferndon Boulevard Crestview, Florida 32536 c/o Department of Public Works and the Contractor: (Name, legal status, address and other information) Bear General Contractors, LLC,a Florida Limited Liability Company 1216 N. Palafox St. Ste 'A Pensacola, F132501 850-435-4411 License #: CGC1523882 for the following Project: (Name, location and detailed description) Construction of Fire Training Tower to include Foundation and Erection of Fire Facilities Tower Wesco Model FF-4 1198 West Edney Ave. Crestview, FL 32536 The Architect: • (Name, legal status, address and other information) N/A The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A104' — 2017 (formerly A107T"' — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are register, trademarks and may not be used without permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 which expires on 05/28/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) Init. TABLE OF ARTICLES 1 THE WORK OF THIS CONTRACT 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3 CONTRACT SUM 4 PAYMENT 5 DISPUTE RESOLUTION 6 ENUMERATION OF CONTRACT DOCUMENTS 7 GENERAL PROVISIONS 8 OWNER 9 CONTRACTOR 10 ARCHITECT 11 SUBCONTRACTORS 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 13 CHANGES IN THE WORK 14 TIME 15 PAYMENTS AND COMPLETION 16 PROTECTION OF PERSONS AND PROPERTY 17 INSURANCE AND BONDS 18 CORRECTION OF WORK 19 MISCELLANEOUS PROVISIONS 20 TERMINATION OF THE CONTRACT 21 CLAIMS AND DISPUTES EXHIBIT A DETERMINATION OF THE COST OF THE WORK ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 2.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ ] The date of this Agreement. AIA Document A104'" — 2017 (formerly A107TM - 2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 which expires on 05/28/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) Init. [ ] A date set forth in a notice to proceed issued by the Owner. X. ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) 10 business days after all permits necessary to commence construction are issued by Okaloosa County, Florida or July 16, 2022 — whichever is later If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. §:2.2 The Contract Time shall be measured from the date of commencement. § 2.3 Substantial Completion § 2.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check the appropriate box and complete the necessary information.) [ X I Not later than one hundred (120 ) calendar days from the date of comencement. ] v By`the following date: § 2.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work § 2.3.3 Deleted Substantial Completion Date ARTICLE 3 CONTRACT SUM § 3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box). Stipulated Sum, in accordance with Section 3.2 below Cost of the Work plus the Contractor's Fee, in accordance with Section 3.3 below Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 3.4 below (Based on the selection above, complete Section 3.2, 3.3 or 3.4 below.) § 3.2 The Stipulated Sum shall be Five Hundred Sixty Three Thousand Five Hundred and Ninety and 00/100 ($563,590.00) subject to additions and deductions as provided in the Contract Documents. § 3.2.1 The Stipulated Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) None § 3.2.2 Unit prices, if any: AIA Document A104- - 2017 (formerly A107TM - 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970. 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 which expires on 05/28/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) (Identini the item and state the unit price and the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) != None 3.2.3 Allowances, if any, included in the stipulated sum: (Identify each allowance.) Item i. § 3.3 Deleted :9=e § '3.3.1 Deleted 3.3.2 Deleted (Paragraphs deleted) § 3.4 Deleted .'. §- 3.4.2 The Contractor's Fee:; .(Paragraphs deleted) =s Contractor's fee is included in the stipulated sum. F (Table deleted) '§ 3.4.3 Deleted (Paragraphs deleted). § 3.5 Deleted ARTICLE; 4 , PAYMENT § 4.1 Progress Payments .` § 4.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect; the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. Price § 4.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 4.1.3 Contractorwill submit an Application for Payment not later than the 25th day of a month while work is underway, the Owner shall make payment of the certified amount to the Contractor not later than the loth day of the following month. If an Application for Payment is received by the Owner after the date fixed above, payment shall be made by the Owner not later than fifteen (15) days after the Owner receives the Application for Payment. (Paragraph deleted) § 4.1.4 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold retainage from the payment otherwise due as follows: (Insert a percentage or amount to be withheld as retainage from each Application for Payment and any terms for reduction of retainage during the course of the Work. The amount of retainage may be limited by governing law.) 5% § 4.1.5 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Paragraphs deleted) Init. AIA Document A104'" — 2017 (formerly A107TM — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 / which expires on 05/28/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) Init. § 4.2 Final Payment § 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 18.2, and to satisfy other requirements, if any, which extend beyond final payment; the Contractor has submitted a final accounting for the Cost of the Work, where payment is on the basis of the Cost of the Work with or without a Guaranteed Maximum Price; and .3 a final Certificate for Payment has been issued by the Architect in accordance with Section 15.7.1. § p4.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the date of Substantial Completion as defined herein. ARTICLE 5 ". DISPUTE RESOLUTION §'5.1 Binding Dispute Resolution For any claim subject to, but not resolved by, mediation pursuant to Section 21.5, the method of binding dispute resolution shall be as follows: (Check the appropriate box) Arbitration pursuant to Section 21.6 of this Agreement -Litigation in a court of competent jurisdiction Other (Spec fy) Prevailing Party Attorney's Fees and Costs - In the event of any dispute arising out of or relating to this Agreement, the Project or the Work, the prevailing party shall be entitled to recovery its reasonable attorneys' fees and costs from the non -prevailing party. The attorneys' fees and costs to be recovered shall include such fees and costs incurred in the resolution of the dispute, whether by negotiation, mediation, litigation, arbitration, or on appeal, and also the fees and costs incurred in proceedings to determine the prevailing party and the amount of the award of attorneys' fees and costs. ;ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS § 6.1 The Contract Documents are defined in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 6.1.1 The Agreement is this executed AIA Document A104T"_2017, Standard Abbreviated Form of Agreement Between Owner and Contractor. '§ 6.1.2 Additional documents, if any, forming part of the Contract Documents: Exhibit A, Construction Plans/Foundation Design, Dated 1/4/2022 (2 Pages) (Paragraphs deleted) Exhibit B, Wesco Model FF-4, Drawings Dated 12/10/2021 (26 Pages) Exhibit C, Fire Training Site Plan, Dated, 3/10/2022, (7 Pages) Exhibit D, NOVA Geotechnical Report dated 12/27/2021 (38 Pages) (Table deleted) (Paragraphs deleted) Exhibit E, City of Crestview Invitation to Bid Dated 4/19/22 and addenda thereto. AIA Document A104- - 2017 (formerly A107TM - 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered traaemarks ana may not oe usea witnout permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 which expires on 05/28/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) Init. (Paragraphs deleted) §, 6.1.3 Order of Precedence. If there is a conflict among the terms and conditions in the contract documents, the order of precedence will be as follows: (1) This agreement, (2) any change orders subsequent to this agreement, and (3) the exhibits in descending order as listed above. ,,(Paragraphs deleted) (Table deleted) ARTICLE 7 GENERAL PROVISIONS 7.1 The Contract Documents The Contract Documents are enumerated in Article 6 and consist of this Agreement (including, if applicable, Supplementary and other Conditions of the Contract), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. §-7.2;The Contract The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written Or oral The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor. § 7.3 The Work The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 7.4 lnstruments of Service Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 7.5 Ownership and use of Drawings, Specifications and Other Instruments of Service § 7.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub -subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or 'distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 7.5.2 The Contractor, Subcontractors, Sub -subcontractors and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to the protocols established pursuant to Sections 7.6 and 7.7, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. § 7.6 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203TM_2013, Building AIA Document A104"" — 2017 (formerly A107T'" — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 which expires on 05/28/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) Init. Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. 7.7 Building Information Models Use and Reliance 'Any,use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203TM_2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202T"_2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk t=; and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. '7.8 Severability The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In€such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give e,?a effect to the parties' intentions and purposes in executing the Contract. 7.9 Notice Except as otherwise provided in Section 7.9.2, where the Contract Documents require one party to notify or give notice to the other -party, such notice shall be provided in writing to the designated representative of the party to .whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic `(Paragraphs deleted) - tra nsmission. § 7.9.2 Notice of Claims shall be provided in writing and shall be deemed to have been duly served only if delivered to - ,the designated representative of the party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery. . § -7.10 Relationship of the Parties °`::,Where the Contract is based on the Cost of the Work plus the Contractor's Fee, with or without a Guaranteed Maximum Price, the Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Contractor's skill and judgment in `furthering the interests of the Owner; to furnish efficient business administration and supervision; to furnish at all times an adequate supply of workers acid materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish and approve, in a timely manner, information required by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents. § 7.11 Information from Owner Owner has provided, or will provide, to Contractor drawings, specifications, schematic design, renderings, geotechnical reports, and similar work product prepared for use in the construction of structures contemplated by this agreement ("Provided Materials"). Contractor shall have the right to rely upon information furnished to Contractor. Owner acknowledges that Contractor did not prepare or cause to be prepared any of the Provided Materials. Additionally, Contractor makes no representations or warranties and issues no certifications or assurances about the quality of the Provided Materials or the quality of Owner's project, or its habitability or fitness for use for any particular purpose if constructed in accordance with the Provided Materials, other than the work completed by Contractor is in accordance with this agreement. § 7.11 Preceding Work Owner understands and agrees that the nature of Contractor's work and the scope of Contractor's work is contingent on and dependent on completion of work by others, including, for example, site work and stormwater facility infrastructure. Contractor shall be entitled to an equitable adjustment of the contract time if any location is not timely ready for Contractor's work. To the extent necessary for Contractor to complete its work, Contractor shall inspect the preceding work of others upon and adjacent to its work. Prior to commencing its work, Contractor shall promptly notify Owner of any AIA Document A104'" — 2017 (formerly A107TM - 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered traaemancs ana may not be uses witnout permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 which expires on 05/28/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) Init. observable defect or condition that Contractor knew or reasonably should have known existed. Contractor shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the work of others. Contractor shall not be responsible for any failure of others to perform any work (other than the work included in Subcontractor's scope) in accordance with the requirements of the Contract Documents. Contractor is not responsible and does not warrant work performed by others. § 7.11 Owner Furnished Material Owner Furnished Material means equipment and other materials furnished by Owner to Contractor in connection with Contractor's erformance of the Work incorporated into the Project. Owner Material shall be made "available d, the a j O: y. tea at job site. Contractor shall not be s t� ,st t� an "", ti or f„ cze> t which may have occur during prior to Contractor's handling, storage, or use of such Owner -furnished material. Contractor shall be entitled to an equitable adjustment of contract time or the stipulated sum may be increased due to any w, fa, or er tog ria; . Contractor does not warrant that any Owner Furnished Material is complete, correct, or fit for its intended purpose. ARTICLE; 8 OWNER § 8.1 Information and Services Required of the Owner § 8.1.1 Prior to commencement of the Work, at the written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 8.1.1, the Contract Time shall be extended appropriately. § 8.1.2 The Owner shall furnish all necessary surveys and a legal description of the site. § 8.1.3 The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 8.1.4 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 9.6.1, the Owner shall secure and pay for other necessary approvals, easements, assessments, and charges required for the construction, use, or occupancy of permanent structures or for permanent changes in` existing facilities. § 8.2 Owner's Right to Stop the Work If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or repeatedly'fails to carry out the Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order is eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. § 8.3 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails "within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to any other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 15.4.3, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including the Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect, or failure. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 21. AIA Document A104' — 2017 (formerly A107TM — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 which expires on 05/28/2023, is not for resale, is licensed for onetime use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) Init. ARTICLE 9 CONTRACTOR § 9.1 Review of Contract Documents and Field Conditions by Contractor § 9.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 9.1.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the .Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the -information furnished by the Owner pursuant to Section 8.1.2, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are`for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies, or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. § 9.1.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances; codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 9.2 Supervision and Construction Procedures § 9.2.1 The Contractor shallsupervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. § 9.2.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. § 9.3 Labor and Materials § 9.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 9.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. § 9.3.3 The Contractor may make a substitution only with the consent of the Owner, after evaluation by the Architect and in accordance with a Modification. § 9.4 Warranty The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. All other warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 15.6.3. Contractor's warranty shall not be sold, transferred, assigned, or conveyed, by any party, including Owner, for any reason, absent the express written consent of Contractor. AIA Document A104" — 2017 (formerly A107TM — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 which expires on 05/28/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) Init. § 9.5 Taxes The Contractor shall pay sales, consumer, use, and other similar taxes that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 9.6 Permits, Fees, Notices, and Compliance with Laws § 9.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 9.6.2 The Contractor 'shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 9.7 Allowances The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. The Owner shall select materials and equipment under allowances with reasonable promptness. Allowance amounts shall include the costs to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts. Contractor's costs for`unloading and handling at the site, labor, installation, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowance. § .9.8 Contractor's Construction Schedules § 9.8.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 9.8.2 The Contractor shall perform the Work in general accordance with the most recent schedule submitted to the Owner and Architect. § 9.9 Submittals _ § 9.9.1 The Contractor shall review for compliance with the Contract Documents and submit to the Architect Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents in coordination with the Contractor's construction schedule and in such sequence as to allow the Architect reasonable time for review. By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them; (2) determined and verified materials, field measurements, and field construction criteria related thereto, or will do so; and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. The Work shall be in accordance with approved submittals. § 9.9.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. § 9.9.3 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering un les such services are specifically required by the Contract Documents or unless the Contractor needs to provide such services in order to carry out the Contractor's own responsibilities. If professional design - services or certifications by a design professional are specifically required, the Owner and the Architect will specify the performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional. If no criteria are specified, the design shall comply with applicable codes and ordinances. Each Party shall be entitled to rely upon the information provided by the other Party. The Architect will review and approve or take other appropriate action on submittals for the limited purpose of checking for conformance with information provided and the design concept expressed in the Contract Documents. The Architect's review of Shop Drawings, Product Data, Samples, and similar submittals shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract AIA Document A104'" — 2017 (formerly AIO7TM — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered 10 trademarks and may not be used without permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 which expires on 05/28/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) Init. Documents. In performing such review, the Architect will approve, or take other appropriate action upon, the Contractor's Shop Drawings, Product Data, Samples, and similar submittals. § , 9.10 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. §=9.11 Cutting and Patching The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. §".9.12 Cleaning Up The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery, and surplus material from and about the Project. § 9.13 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. § 9.14 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not he responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. § .9.15 Indemnification § 9.15.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, Provided that such Claims are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) and only to the extent caused by the negligentiactsf or omissions of Subcontractor and not caused in whole or in part by a party indemnified hereunder. The monetary limitation on the extent of the indemnification provided to the Owner herein shall be coextensive with the insurance requirements set forth herein, which the parties agree bears a reasonable commercial relationship to the contract and is part of the project specifications or bid documents. Such obligation shall not be construed to negate, 'abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 9.15.1. (Paragraph deleted) ARTICLE 10 ARCHITECT § 10.1 The Architect will not provide administration of the Contract. (Paragraphs deleted) ARTICLE 11 SUBCONTRACTORS § 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. § 11.2 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the Subcontractors or suppliers proposed for each of the principal AIA Document A104- — 2017 (formerly A107T" — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 which expires on 05/28/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) Init. portions of the Work. The Contractor shall not contract with any Subcontractor or supplier to whom the Owner or Architect has made reasonable written objection within ten days after receipt of the Contractor's list of Subcontractors and suppliers. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. .11.3 Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by the Contract Documents, assumes toward the Owner and Architect, and (2) allow the Subcontractor the benefit of all rights, remedies and redress against the Contractor that the ontractor by these Contract Documents, has against the Owner. ARTICLE`;12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 121.The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate .agreements.=The Owner shall,notaward separate contracts absent express written agreement by the Contractor which may be' withheld for any reason. (Paragraphs deleted) ARTICLE 13 CHANGES IN THE WORK § 13.1 By appropriate Modification, changes in the Work may be accomplished after execution of the Contract. The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, with the Contract Sum and Contract Time being adjusted accordmgly Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor, and'Architect, or by written Construction Change Directive signed by the Owner and Architect. Upon issuance of the hange Order or Construction Change Directive, the Contractor shall proceed promptly with such changes in the Work, unless otherwise provided in the Change Order or Construction Change Directive. § ,13.2 Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined by mutual -agreement of the parties or, in the case of a Construction Change Directive signed only by the Owner and Architect, by the Contractor's cost of labor, material, equipment, and reasonable overhead and profit, unless the parties agree on another method for determining the cost or credit. Pending final determination of the total cost of a Construction Change Directive, the Contractor may request payment for Work completed pursuant to the Construction Change Directive. The Architect will make an interim determination of the amount of payment due for purposes of certifying the Contractor's monthly Application for Payment. When the Owner and Contractor agree on adjustments to the Contract Sum and Contract Time arising from a Construction Change Directive, the Architect will prepare a Change Order. § :-13.3 The Owner will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Owner and shall not proceed to implement the change in the Work. § -13.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be equitably adjusted as mutually agreed between the Owner and Contractor; provided that the Contractor ,.provides notice to the Owner and Architect promptly and before conditions are disturbed. ARTICLE 14 TIME § 14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing this Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 14.2 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. AIA Document A104"— 2017 (formerly A107TM - 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 which expires on 05/28/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) Init. §.14.3 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 14.4 The date of Substantial Completion is the date certified by the Architect in accordance with Section 15.6.3. mAe § 14.5 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) changes ordered in the Work; (2) by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties, or any causes beyond the Contractor's control; or (3) by other causes that the Contractor asserts, and the Architect determines, justify delay, then the Contract Time shall be extended for such reasonable time as the Architect may determine, subject to the provisions of Article 21. _§ 14.6 Time of Completion/Market Conditions — Contractor shall endeavor always to efficiently and timely prosecute the work. Nevertheless, due to circumstances beyond the control of Contractor all obligations on the part of Contractor, including time, for completion will be tolled and suspended due to forces beyond Contractor's control, including, without limitation, natural catastrophes or acts of God, including, outbreaks, epidemics, pandemics, or other public health emergencies. Any cost or schedule impacts due to atypical/severe weather, price escalation, manpower shortages, government ordered shutdowns, public health advisories, travel restrictions, unavailability of materials, or any other any other delay caused by conditions outside the control of Contractor shall be processed via change order and Contractor shall as promptly as possible notify Owner of the market condition impacting price or time. Any material market price increases for labor, services and material from the effective date of this contract and the time orders are placed may result in additional expense to Owner. Unless otherwise agreed Owner bears the risk of market escalation. _ ARTICLE 15 PAYMENTS AND COMPLETION § 15.1 Schedule of Values § 15.1.1 Where the Contract is based on a Stipulated Sum or the Cost of the Work with a Guaranteed Maximum Price pursuant to Section 3.2 or 3.4, the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Stipulated Sum or Guaranteed Maximum Price to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy required by the Architect. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 15.1.2 The allocation of the Stipulated Sum or Guaranteed Maximum Price under this Section 15.1 shall not constitute a separate stipulated sum or guaranteed maximum price for each individual line item in the schedule of values. § 15.2 Control Estimate § 15.2.1 DELETED § 15.2.2 (Paragraphs deleted) DELETED § 15.2.3 DELETED § 15.2.4 The Contractor shall develop and implement a detailed system of cost control that will provide the Owner and Architect with timely information as to the anticipated total Cost of the Work. The cost control system shall compare the Control Estimate with the actual cost for activities in progress and estimates for uncompleted tasks and proposed changes. This information shall be reported to the Owner, in writing, no later than the Contractor's first Application for Payment and shall be revised and submitted with each Application for Payment. § 15.2.5 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed -upon assumptions contained in the Control Estimate. The Owner shall promptly furnish such revised Contract Documents to the Contractor. The Contractor shall notify the Owner and Architect of any inconsistencies between the Control Estimate and the revised Contract Documents. AIA Document A104'" — 2017 (formerly A107TM — 2007). Copyright © 1936,1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects; "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 which expires on 05/28/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) Init. § 15.3 Applications for Payment § 15.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Owner an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 15.1, for completed portions of the Work. The application shall be notarized, if required; be supported by all data substantiating the Contractor's right to payment that the Owner or Architect require; shall reflect retainage if provided for in the Contract Documents; and include any revised cost control information required by Section 15.2.4. Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 15.3.2 With each Application for Payment where the Contract Sum is based upon the Cost of the Work, or the Cost of the Work with a Guaranteed Maximum Price, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed progress payments already received by the Contractor plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Contractor's Fee. § 15.3.3 Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment stored,and protected from damage, off the site at a location agreed upon in writing. § 15.3.4 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the Owner's interests. § 15.4 Certificates for Payment § 15.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner of the Architect's reasons for withholding certification in whole or in part as provided in Section 15.4.3. § 15.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based onthe Architect's evaluations of the Work and the data in the Application for Payment, that, to the best of the Architect's knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior tncompletion and to specific qualifications expressed by the Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 15.4.3 Owner may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 15.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 15.4.1. If the Contractor and the Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 9.2.2, because of AIA Document A104"" — 2017 (formerly A707TM — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 which expires on 05/28/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) Init. .1 defective Work not remedied; .2 third -party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; 3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 ` repeated failure to carry out the Work in accordance with the Contract Documents. § 15.4.4 When either party disputes the Architect's decision regarding a Certificate for Payment under Section 15.4.3, iri whole or in part, that party may submit a Claim in accordance with Article 21. § 15.5 Progress Payments § 15.5.1 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub -subcontractors in a similar manner. § 15.5.2 Neither the Owner nor Architect shall have an obligation to pay or see to the payment of money to a Subcontractor or supplier except as may otherwise be required by law. § 15.5.3 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 15.5.4 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney's fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. § 15.6 Substantial Completion § 15.6.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 15.6.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items_to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility, of the Contractor to complete all Work in accordance with the Contract Documents. § 15.6.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. When the Architect determines that the Work or designated portion thereof is substantially complete, the Architect will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall fmish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 15.6.4 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. AIA Document A104'" — 2017 (formerly A107TM — 2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 which expires on 05/28/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) Init. § 15.7 Final Completion and Final Payment §-15.7.1 J,Jpon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect _finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptlyissue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on -site visits and inspections, the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions stated in Section 15.7.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 15.7.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all hens arisirigout of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are nade the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such hen; including costs and reasonable attorneys' fees. 15.7.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; or .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment. § t 15.7.4 Acceptance of final payment by the Contractor, a Subcontractor or supplier shall constitute a waiver of claims by` that payee` -except those previously made in writing and identified by that payee as unsettled at the time of the final Application for Payment:-' ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY 06.1 Safety_ Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub -subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation, or replacement in the course of construction. The Contractor shall comply with, and give notices required by, applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury, or loss. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 16.1.2 and 16.1.3. The Contractor may make a claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 9.15. § 16.2 Hazardous Materials and Substances § 16.2.1 The Contractor is responsible for compliance with the requirements of the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and AIA Document A104'" — 2017 (formerly A107TM - 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 which expires on 05/28/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) Init. Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shutdown, delay, and start-up. §- 16.2.2 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from -performance of the Work in the affected area, if in fact, the material or substance presents the risk of bodily injury or death`as described in Section 16.2.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property ' (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of -the party seeking indemnity. § .416.2.3 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of reinediation of a hazardous material or substance solely by reason of performing Work as required by the ontract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. ARTICLE 17 =: INSURANCE AND BONDS § : 17.1,Contractor's Insurance § 17.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in this Section 17.1 or elsewhere in the Contract Documents.. The Contractor shall purchase and maintain the insurance required by this Agreement from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 18.4, unless a different duration is stated below: § 17.1.2 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than one millions ($ 1,000,000 ) each occurrence, two million ($ 2,000,000 ) general aggregate, and two million ($ '2,000,000 "E ) aggregate for products -completed operations hazard, providing coverage for claims including 1 damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; personal and advertising injury; damages because of physical damage to or destruction of tangible property, including the loss of use of such property; .4 bodily injury or property damage arising out of completed operations; and the Contractor's indemnity obligations under Section 9.15. § 17.1.3 Automobile Liability covering vehicles owned by the Contractor and non -owned vehicles used by the Contractor, with commercially reasonable policy limits per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of those motor vehicles along with any other statutorily required automobile coverage. f§ 17.1.4 The Contractor may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as those required under Section 17.1.2 and 17.13, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § ` 17.1.5 Workers' Compensation at statutory limits. § 17.1.6 DELETED § 17.1.7 DELETED § 17.1.8 DELETED AIA Document A104'" — 2017 (formerly A107T" — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered 17 trademarks and may not be used without permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 which expires on 05/28/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) Init. § 17.1.9 DELETED § 17.1.10The Contractor shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Section 17.1 at the following times: (1) prior to commencement of the Work; (2) upon renewal or replacement of each required policy of insurance; and (3) upon the Owner's written request. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the period required by Section 17.1.1. The certificates will show the Owner as an additional insured on the Contractor's Commercial General Liability and excess or umbrella liability policy. § 17.1.11 The Contractor shall disclose to the Owner any deductible or self- insured retentions applicable to any insurance required to be provided by the Contractor. § 17.1.12 To the fullest extent permitted by law, the Contractor shall cause the commercial liability coverage required by this Section 17.1 to include (1) the Owner, the Architect, and the Architect's Consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or . omissions for which loss occurs during completed operations. The additional insured coverage shall be primary and non-contributory to any of the Owner's general liability insurance policies and shall apply to both ongoing and �a=completed operations. To the extent commercially available, the additional insured coverage shall be no less than that provided by Insurance Services Office, Inc. (ISO) forms CG 20 10 07 04, CG 20 37 07 04, and, with respect to the Architect and the Architect's Consultants, CG 20 32 07 04. § 17.1.13 Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by this Section 17.1, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 17.1.14 Other Insurance Provided by the Contractor (List below any other insurance coverage to be provided by the Contractor and any applicable limits) Coverage Limits Builder's Risk as set forth below. § 17.2 Owner's Insurance and Builder's Risk § 17.2.1 Owner's Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 17.2.2 Builder's Risk Insurance § 17.2.2.1 The Contractor shall provide builder's risk insurance to cover the total value of the entire Project on a replacement cost basis. § 17.2.2.2 Unless the parties agree otherwise the builder's risk shall remain in effect until Substantial Completion § 17.2.2.3 Prior to commencement of the Work, the Owner shall secure at Owner's expense any additional insurance as Owner determines is appropriate and provide evidence of the coverage to Contractor. (Paragraphs deleted) § 17.2.2.6 Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by this Section 17.2.2, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. § 17.2.2.7 Waiver of Subrogation § 17.2.2.7.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents, and employees, each of the other; (2) the Architect and Architect's consultants; and (3) AIA Document A104'" — 2017 (formerly A107TM — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects' "AIA," the AIA Logo, and "AIA Contract Documents" are registered 18 trademarks and may not be used without permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 which expires on 05/28/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) Init. Separate Contractors, if any, and any of their subcontractors, sub -subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by this Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect's consultants, Separate Contractors, subcontractors, and sub -subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this Section 17.2.2.7 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of -, indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. §-:17.2.2.7.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuringtheProject during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 17.2.2.7.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 17.2.2.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements, written where legally required for validity, the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 17.2.3 Other Insurance Provided by the Owner (List below any other insurance coverage to be provided by the Owner and any applicable limits.) Coverage NONE Limits § 17.3 Performance Bond . and Payment Bond § 17.3.1 Concurrently with the execution of this Agreement, Contractor shall secure and execute a performance and payment bond, in an amount equal to one hundred percent (100%) of the Contract Price. Said bonds shall be executed in a form satisfactory to Owner.A Payment for the premium on said bonds shall be made as otherwise provided in the Contract Documents, and if not so provided, shall be the responsibility of Contractor. No change, alteration or Modification in or deviation from this Agreement or the plans or specifications shall release or exonerate, in whole or in part, any surety on any bond given in connection with this Agreement. § 17.3.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 18 CORRECTION OF WORK § 18.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed, or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense, unless compensable under Section A.1.7.3 in Exhibit A, Determination of the Cost of the Work. § 18.2 In addition to the Contractor's obligations under Section 9.4, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 15.6.3, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor AIA Document A104' — 2017 (formerly A107TM — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 which expires on 05/28/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) Init. an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. § 18.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 8.3. § 18.4 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 18.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 18. ARTICLE' 19 MISCELLANEOUS PROVISIONS § 19.1 Assignment of Contract Neither party to the Contract shall assign the Contract without written consent of the other, except that the Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 19.2 Governing Law The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of jaw rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 21.6. § 19.3 Tests and Inspections - Tests, inspections, and approvals of portions of the Work required by the Contract Documents or by applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. § 19.4 The Owner's representative (Name, address, email address and other information) Kyle Lusk City of Crestview Public Works Department 715 North Ferdon Boulevard Crestview, Florida 32536 Phone: 850-682-6132 (ext. 128) Email: kylelusk@cityofcrestview.or § 19.5 The Contractor's representative: (Name, address, email address and other information) Luke Pitman Bear General Contractors, 1216 N Palafox St, STE A _Pensacola, FL 32501 Phone: 850-435-4411 Ext 1004 Email: Luke@beargc.com § 19.6 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. AIA Document A104" — 2017 (formerly A107T'" — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 which expires on 05/28/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents', Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) Init. ARTICLE 20 TERMINATION OF THE CONTRACT § 20.1 Termination by the Contractor If the Architect fails to certify payment as provided in Section 15.4.1 for a period of 30 days through no fault of the Contractor, or if the Owner fails to make payment as provided in Section 4.1.3 for a period of 30 days, the Contractor may, upon seven additional days' notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 20.2 Termination by the Owner for Cause § 20.2.1 The Owner mayterminatethe Contract if the Contractor .1 , repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 20.2.2 When any of the reasons described in Section 20.2.1 exists, the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may, without prejudice to any other remedy the Owner may have and after giving the Contractor seven days' notice, terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 20.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 20.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 20.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly,waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. § 20.3 Termination by the Owner for Convenience (Paragraphs deleted) The Contract may be terminated by the Owner or the Contractor for cause, but not for convenience. ARTICLE 21 CLAIMS AND DISPUTES § 21.1 Claims, dispute's, and other matters in question arising out of or relating to this Contract, including those alleging an error or omission by the Architect but excluding those arising under Section 16.2, shall be referred initially to the Architect for decision. Such matters, except those waived as provided for in Section 21.11 and Sections 15.7.3 and 15.7.4, shall, after initial decision by the Architect or 30 days after submission of the matter to the Architect, be subject to mediation as a condition precedent to binding dispute resolution. § 21.2 Notice of Claims - § 21.2.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 18.2, shall be initiated by notice to the Architect within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 21.2.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 18.2, shall be initiated by notice to the other party. AIA Document A104- - 2017 (formeriy A107TM - 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects' "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may nit be used without permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 which expires on 05/28/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) Init. § 21.3 Time Limits on Claims The Owner and Contractor shall commence all claims and causes of action against the other and arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in this Agreement whether in contract, tort, breach of warranty, or otherwise, within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 21.3. 21.4 If a claim, dispute or other matter in question relates to or is the subject of a mechanic's lien, the party asserting - such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. 21.5 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with their Construction f Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in Writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is ;stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 21.6 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise;" shall be administered by the American Arbitration Association, in accordance with the Construction Industry Arbitration Rules in effect on the date of this Agreement. Demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The award rendered by theEarbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 21.7 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 21.8 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, any party to an arbitration may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claim not described in the written Consent. § 21.9 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 21.10 Continuing Contract Performance Pending f-mal resolution of a Claim, except as otherwise agreed in writing, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 21.11 Waiver of Claims for Consequential Damages The Contractor and Owner waive claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and AIA Document A104" — 2017 (formerly A107TM — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may rot be used without permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 which expires on 05/28/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either parry's termination in accordance with Article 20. Nothing contained in this Section 21.11 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. ,This Agreement entered into as of the day and year first written above. R (Signature) f4p4-s).1 —1 3 -- AS) Init. CONTRACTOR (Signature) (Printed name and title) AIA Document A104- - 2017 (formerly AIO7TM - 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may rot be used without permission. This document was produced by AIA software at 15:42:34 ET on 06/23/2022 under Order No.2114319902 which expires on 05/28/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1966289730) Bond No. 21BCSIW0580 w Document A312- — 2M10 Performance Bond CONTRACTOR: (Name, legal status and address) Bear General Contractors, LLC a Florida Limited Liability Company 1216 N. Palafox St. Ste A Pensacola, FL 32501 850-435-4411 License #: CGC1523882 OWNER: (Name, legal status and address) City of Crestview, Florida 715 North Ferndon Boulevard Crestview, FL 32536 c/o Department of Public Works SURETY: (Name, legal status and principal place of business) Hartford Casualty Insurance Company An IN Corporation One Hartford Plaza Hartford, CT 06155-0001 CONSTRUCTION CONTRACT Date: Amount: $ ($563,590.00) Five Hundred Sixty Three Thousand Five Hundred Ninety Dollars and 00/100 Description: (Name and location) Construction of Fire Training Tower to include Foundation and Erection of Fire Facilities Tower Wesco Model FF-4 1198 West Edney Ave., Crestview, FL 32536 BOND Date: (Not earlier than Construction Contract Date) Amount: $ ($563,590.00)Five Hundred Sixty Three Thousand Five Hundred Ninety Dollars and 00/100 Modifications to this Bond: None X See Section 16 CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: Cyrporate Se eralggiskrayr 'LLC SURETY Company: Signature: Name and Title: Casualty] or Ipsur�nceat Mark W. Edwards, II, Attorney -in -Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY — Name. address and telephone) AGENT or BROKER: McGriff Insurance Services Inc. 2211 7th Avenue South Birmingham, AL 35233 (205) 252-9871 OWNER'S REPRESENTATIVE: (Architect, Engineer or other party.) Kyle Lusk City of Crestview Public Works Department 715 North Ferdon Boulevard Crestview, Florida 32536 Phone: 850-682-6132 (ext. 128) Email: kylelusk@cityofcrestview.or This document has important legal consequences. Consultation with an attomey is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. 1.1 Init AIA Document A312"' — 2010 Performance Bond. The American Institute of Architects All rights reserved. The "American institute of Architects."'AIA,° the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:25:19 CT on 06/21/2022 under Order No.2114300051 which expires on 03/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsTerms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (389ADA22) 1 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the O),vner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. Tf the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract. but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform thc Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When thc Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent. contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce ally remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Init AIA Document A312'" — 2010 Performance Bond. The American Institute of Architects. All rights reserved. The "American Institute of Architects," 'AIA," the AIP. Logo. and 'MA Contract t ocuxnents" are registereel tracemarks and may not be used without permission. This document was produced by AIA software at 1 10:25:19 CT on 06/21/2022 under Order No.2114300051 which expires on 03/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mai copyright@aia.org. User Notes: (359ADA22) § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for . 1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and . 3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first if the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. Init.AIA Document A312'" — 2010 Performance Bond. The Amercan Institute of Architects. All rights reserved. The "American Institute of Architects, `A1A,' the f Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:25:19 CT on 05/21/2022 under Order No.2114300051 which expires an 03/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mai copyright@aia.org. User Notes: (389ADA22) § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties. other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Sea9 Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA Document A312 — 2010 Performance Bond. The American Institute of Architects. All rights resent. The American institute of Architects,' _AI 'the AlA init. Logo, and' ;' c --us" are registered trademarks and may not be used without out permission. This document was produced by AIA software at 10:25:19 CT on 06/2112022 under Order No.2114300051 which expires on 03/13/2023, is not for resale, is licensed for one-time use only, and may only. be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mal copyright@aia.arg. User Notes: (359AC)A22) Certification of Document's Authenticity AIA® Document D401Th — 2003 1, Mark W. Edwards, II, Attorney -in -Fact, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification 10:25:19 CT on 06/21/2022 under Order No. 2114300051 from AIA Contract Documents software and that in preparing the attached final document 1 made no changes to the original text of AIA' Docutnent A312Im - 2010, Performance Bond, as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and striking ovcr deleted text. W.SAAAL( (Signed) Ots.tr Mark dV. Edwards, II, Attorney -in -Fact (Title;) (Dated), ``6/21/2022 AIA Document 0401711 —2003. Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. The 'American institute of Architects," "AIA." the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:25:19 CT on 06/21/2022 under Order No.2114300051 which expires on 03/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright vitiations, e-mail copyright@aia.org. User Notes: (3B9ADA22) Init. ATA Document A312T" - 2010 Payment Bond CONTRACTOR: (Name, legal status and address) Bear General Contractors, LLC a Florida Limited Liability Company 1216 N. Palafox St. Ste A Pensacola, FL 32501 850-435-4411 License #: CGC1523882 OWNER: (Name, legal status and address) City of Crestview, Florida 715 North Ferndon Boulevard Crestview, FL 32536 c/o Department of Public Works SURETY: (-Fame, legal status and principal place of business) Hartford Casualty Insurance Company An IN Corporation One Hartford Plaza Hartford, CT 06155-0001 CONSTRUCTION CONTRACT Dale: Amount: $ ($563,590.00)Five Hundred Sixty Three Thousand Five Hundred Ninety Dollars and 00/100 Description: (Name and location) Construction of Fire Training Tower to include Foundation and Erection of Fire Facilities Tower Wesco Model FF-4 1198 West Edney Ave., Crestview, FL 32536 BOND Date: (Not earlier than Construction Contract Date) Amount: $ ($563,590.00)Five Hundred Sixty Three Thousand Five Hundred Ninety Dollars and 00/100 Modifications to this Bond: None Sec Section 18 X CONTRACTOR AS PRINCIPAL Company: {Corporate S Signature: Bear General Con Name and Title: SURETY Company: Signature: Name and Title: Bond No. 21BCSIWO580 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. (Corporate Seal) Hartford Casualty Insurance Comp Mark W. Edwards, II, Attorney -in -Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY —Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: McGriff Insurance Services Inc. 2211 7th Avenue South Birmingham, AL 35233 (205) 252-9871 (Architect, Engineer or other party: Kyle Lusk City of Crestview Public Works Department 715 North Ferdon Boulevard Crestview, Florida 32536 Phone: 850-682-6132 (ext. 128) Email: kylelusk@cityofcrestview.or AIA Document A312" — 2010 Payment Bond. The American Institute of Architects All rights reserved. The 'American Institute of Architects," "AIA,' the AIA Loge, anct "AIA Contract. Documents' are registered trademarks and may not be used w-itnout permission. This document was produced by AIA software at 10:28:07 CT on 06/21/2022 under Order No.2114300051 which expires on 03/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (389ADA22) 1 snit. § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at thc address described in Section 13). § 5.2 Claimants, who arc employed by or have a direct contract with the Contractor, have sent a Claim to thc Surety (at the address described in Scction 13). § 6 If a noticc of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance ofthe Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. AIA Document A312'" — 2010 Payment Bond. The American Institute of Architects. All rights reserved. The "American Institute of.Architects," 'AiA.' the AIA Logo, and "AtA Contract Documents" are registered trademarks and may rot be used without permission. This document was produced by AIA software at 10:28:07 CT on 06/21/2022 under Order No.2114300051 which expires on 03/13/2023, is not for resale, is licensed for one-time use only; and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mai copyrightgaia.org. User Notes: (369ADA22) § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. Tf the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: . 1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; . 3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; . 4 a brief description of the labor, materials or equipment furnished; . 5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; . 6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim.; . 7 the total amount of previous payments received by the Claimant; and . 8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. snit. AIA Document A312'"— 2010 Payment Bond. The American Institute of Architects. All rights reserved. The 'American Institute of Architects, "AIA," the AIA Logo, and `AIA Contract Documents" are registered trademarks and may rot be used without permission. This document was produced by AIA software at 10:28:07 CT on 06/21/2022 under Order No.2114300051 which expires an 03/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mai copyright@aia.org. User Notes: (3u9ADA22) I nit. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete orcomply with the other material terms of the Construction Contract. § 16.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued.for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond areas follows: THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES, INCLUDING BUT NOT LIMITED TO O THE NOTICE AND TIME LIMITATIONS IN SECTIONS 255.05(2) AND 255.05(10), ARE INCORPORATED IN THIS BOND BY REFERENCE. (Space is provided below for additional signatures of added parties, other than those appearing on thecover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal). Signature: Signatures Name and Title: Name and Title: Address: Address: AIA Document A312" — 2010 Payment Bond. The American Institute of Architects. All rights reserved. The "Amens Institute of Architects: `RIA," the AJA "AIA Contrac: Docurnonts" are registered trademarks and may not be use 3a*ithout permission. This document was produced by AIA software at 10:28:07 CT on 06/21/2022 underOrderNo.2114300051 which expires on 03/13f2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mal copyright@aia.org. User Notes: (3159ApA22) Certification of Document's Authenticity AIA® Document D401 T i — 2003 I, Mark W. Edwards, II, Attorney -in -Fact, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification 10:28:07 CT on 06/21/2022 under Order No. 2114300051 from AIA Contract Documents software and that in preparing the attached final document [ made no changes to the original text of A1Aa' Document A3121M - 2010, Payment Bond, as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and striking over deleted text. Mark W. Edwards, II, Attorney -in -Fact (Dated) AIA Document 0401 TM — 2003. Copyright 01992 and 2003 by The American Institute of Architects. All rights reserved. The -Amencan Institute of Architects," "MA,' tne AIA Logo, and "AIA Contract Doixrments" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:28:07 CT on 05/21/2022 under Order No.2114300051 which expires on 03/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations. e-mail copyright©aia.org. User Notes: (3B9ADA22) Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEY BOND,T-11 One Hartford Plaza Hartford, Connecticut 06155 Bond.Claims(ethehan J.com call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: MCGRIFF INSURANCE SERVICES INC Agency Code: 21-250036 1-1 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut r 1 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana I-1 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut r I Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana I 1 Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois n Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Christopher C. Gardner of Union MS, R.E. Daniels, Shelby E. Daniels of Pensacola, FL, Robert Read Davis of Atlanta GA, Robert M. Verdin of Metairie, LA, Anna Childress, Mark W. Edwards II, Alisa B. Ferris, Robert R. Freel, Richard H. Mitchell, William M. Smith, Jeffrey M. Wilson of BIRMINGHAM, Alabama their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. STATE OF FLORIDA Shelby Wiggins, Assistant Secretary ss. Lake Mary n011114M Joelle L. LaPierre, Assistant Vice President COUNTY OF SEMINOLE ) On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority. Jessica Ciccone My Commission HH 122280 Expires June 20, 2025 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed in Lake Mary, Florida. r � Keith D. Dozois, Assistant VicaPresident tt�` ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 6/20/2022 LLC PHONE FAX (,0„ c, wa Fyn. 850-308-7710 (A/C. No): 850-308-7716 E-MAIL ADDRESS: service[a�dcinsllc.com INSURERS) AFFORDING COVERAGE INSURER A: BITCO General Insurance Corporation INSURER B : The Continental Insurance Company INSURER C : I INSURER D : INSURER E : Ij INR_I_IRFR F CERTIFICATE NUMBER: 880706680 REVISION NUMBER: INSR LTR TYPE OF INSURANCE A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JERT LOC 7 OTHER: A AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY X HIRED _ AUTOS ONLY X Includes PIP SCHEDULED AUTOS NON -OWNED AUTOS ONLY B UMBRELLA LIAB I X X EXCESS LIAB IF DED X RETENT9N ; ,:.,, A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRI ETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below A Contractors Equipment Leased/Rented Equip OCCUR CLAIMS -MADE Y/N THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such enclorsement(s). PRODUCER CONTA'T I I NAME: Daniels Commercial Insurance, LLC Daniels Commercial Insurance, P.O. Box 12465 Pensacola FL 32591 INSURED Bear General Contractors, LLC 1216 North Palafox Streeet Suite A Pensacola FL 32501-2639 COVERAGES BEARGEN-01 NAIC # 20095 35289 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBRI POLICY EFF POLICY EXP ygp�}pp(D POLICY NUMBER :MMDDYYYYI rMM'DD/YYYY1 Y Y CLP3712849 12/22/2021 12/22/2022 N/A Y CAP3712850 7012042897 Y WC3712848 CLP3712849 12/22/2021 12/22/2022 LIMITS EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES CEa occurrence. $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident' PIP Limit EACH OCCURRENCE AGGREGATE $10,000 $ 1,000,000 $1,000,000 X STATUTE ERH I E.L. EACH ACCIDENT I $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 12/22/2021 12/22/2022 Schedule on File Max per Item 100,000 12/22/2021 12/22/2022 12/22/2021 12/22/2022 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Project: Construction of Fire Training Tower to include Foundation and Erection of Fire Facilities Tower Wesco Model FF-4, 1198 West Edney Ave. Crestview, FL 32536. The Certificate Holder, Owner and all other parties required to be named as additional insureds by written contract are included as Additional Insureds as respects General Liability (for on -going & completed operations, on a primary & noncontributory basis), & Automobile Liability. Waiver of Subrogation applies in favor of certificate holder, Owner and all other parties required by written contract as respects General Liability, Automobile Liability, & Workers Compensation. General Liability & Automobile Liability Property Damage Liability Deductibles: $1,000 Each Claim. CERTIFICATE HOLDER CANCELLATION City of Crestview, Florida c/o Department of Public Works 715 North Ferndon Blvd Crestview FL 32536 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE - ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD - OKALOOSA COUNT Y-TAX COLLECTOR ` 2021 -- 2022 BEN ANDERSONf f . OKALOOSA COUNTY LOCAL BUSINESS TAX RECEI BUSYNESS _' BEAR GENERAL CONTRACTORS; • LLC •`: ' ` ' ;. ' STATE OF FLORIDA zi. TYPE OF Regulated BUSINESS BUSINESS 1216 N PALAFOX ST , F ADDRESS. PENSACOLA, FL 32501-2639 'MAKECHECKS PA_YABLETO: OkaloosaCounty Tax Colle• y , '; P.O. Box 9, Shalimar, FL 32579 tt 'BEAR GENERAL CONTRACTORS, LLC 1216 N PALAFOX ST • PENSACOLA,; FL'.32501-2639• Paid ,,t)..22001358 RECEIPT NO. 3600100,70560'. ,',EXPIRES SEPTEMBER 30, 2022_ OKALOOSA COUNTY TRANSFER Collector- `t, R� 3 ORIGINAL TAX View YourAecoont Online 35.00 06/06/2022 'AMOUNT PENALTY COLLECTION COST TSyTAI''` =r` SIGN AND DISPLAY AS REQUIRED I SH'EARTIIATTIIIS LOCAL BUSRYESSTAX RECEIPT IS MADE FOR TT I E ROSINESS OR PROFESSION TNOTCATE B HERE ON AND 15 TRUE AND CORREC7,THE APPLICATION MUST COMPLY wrnS STATE AND LOCAL ORAINANCE, INCLUDING zowNa Law requires this receipt to be displayed conspicuously at the place of business in such a manner that it can be open to the view of the public and subject to inspection by all duly authorized officers of the County. Upon failure to do so, the business shall be subject to the payment of another tax for the same business, profession, or occupation. Pursuant to State Law, all Business Tax Receipts shall be issued and validated by the Tax Collector beginning July 1st of each year and shall expire on September 30th of the succeeding year. Those receipts renewed beginning October 1st shall be delinquent and subject to a delinquency penalty of 10% for the month of October, plus an additional 5% penalty for each month of delinquency thereafter until paid; provided that the total delinquency penalty shall not exceed 25% of the business tax for the delinquent establishment. This Receipt is a business tax only. It does not permit the licensee to violate any existing regulatory or zoning laws of the state, county, or cities nor does it exempt the business from any other tax or permits that may be required by law. The applicant must comply with state laws and local ordinances, including zoning. Please contact the Property Appraiser's office for information about tangible property taxes. Failure to pay a business tax within 150 days of the initial notice can result in a civil penalty of up to $250. OFFICE LOCATIONS & HOURS Office Location Crestview The Brackin Building 302 N Wilson Ste 101 8:30-5 8:30-5 8:30-5 8:30-5 8:30-5 Shalimar 1250 NEglin Pkwy 8:30-5 8:30-5 8:30-5 8:30-5 8:30-5 Suite 101 Eglin"AFB 310 Van Matre Ave Bldg 210 8-4:30 8-4:30�` �8-4:30"— `~ 8:4:30 8-4:30 Hurlburt Field 120 Simpson Ave, Rm 111 8-4:30 8-4:30 8-4:30 8-4:30 8-4:30 Niceville 701 E John Suns Pkwy 8:30-5 8:30-5 8:30-5 8:30-5 8:30-5 Destin 4012 Commons Dr W Unit 122 8:30-5 8:30-5 8:30-5 8:30-5 8:30-5 Please direct any questions to our Customer Service Processing Center at (850) 651-7300, #829 from your cell phone, toll -free 1-877-TAGS-R-US (1-877-824-7787), website www.OkaloosaTax.com or email at WebMaster@OkaloosaTax.com. DEN ANDERSON Tax Collector, Okaloosa County www.OkaloosaTax.com To report tax fraud call 855-489-8477 (4TX-TIPS) M T W T F CONDITIONAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT State of Florida County of Escambia The undersigned lienor, in consideration of the sum of $83.661.97, shall waive and release its lien and right to claim a lien for labor, services, equipment or materials furnished through August 25, 2022. to City of Crestview on the job of 2220 — Crestview Fire Tower to the following property: 1198 W Edney Ave Crestview, FL 32536 Parcel No 18-3N-23-0890-0008-0000 THIS PARTIAL WAIVER AND RELEASE IS EXPRESSLY CONDITIONED UPON THE UNDERSIGNED RECEIVING A NEGOTIABLE CHECK IN THE AMOUNT OF $83.661.97 WITHIN 15 DAYS OF THE DATE HEREOF, AND THE SAID CHECK BEING HONORED AND FUNDED BY THE DRAWEE BANK WHEN PRESENTED FOR PAYMENT BY THE UNDERSIGNED. This waiver and release does not cover any retention or labor, services, or materials furnished after the date specified. DATED on 4v-1 , 2022. By: BEAR GENERAL CONTRACTORS, LLC 1216 N. Palafox Street, Suite A Pensacola, F 2501 /,eq),,fPrint Name] its: f �� J J 4+r- The foregoing instrument was acknowledged before me by means of Clphysical presence or ❑ online notarization, this2.5 day of ciJ(—, 2022, by ,te.- i'Y1ct C'V1 as the Authorized Agent of BEAR GENERAL C TRACTORS, LLC, a Florida 'Waited liability company, on behalf of the company. (Signature of Notary Public) Print Name: Notary Public, State of Florida My Commission Expires: Commission Number: i°` ." LESLIE R. CUNNINGHAM i; .a} \ MY COMMISSION # GG 351498 _ • ....?...a, . EXPIRES: July 4, 2023 '''Fof n;,, Bonded Thou Notary Pub11a Undenvdters Personally Known m� OR Produced Identification ❑ Application and Certificate For Payment Page 1 To Owner: From (Contractor): City of Crestview 715 North Ferndon Boulevard c/o Department of Public Works Crestview, FL 32536 Bear General Contractors, LLC 1216 N Palafox Street Suite A Pensacola, FL 32501 Phone: 850 435-4411 Project: Contractor Job Number: Via (Architect): Contract For: Contractor's Application For Payment Change Order Summary Additions Change orders approved in previous months by owner Date Number Approved Change orders approved this month Totals Net change by change orders Deductions The undersigned Contractor certifies that to the best of the Contractor's knowledge, information, and belief the work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. Contracto By: State af: 1" i *t.: dc•\ It and sworn to before me t ri(,f� (year). Notary public] My commission expires County�of: j 5 day o Date: e 1-5-22 "T , Crestview Fire Training 1198 W Edney Ave Crestview, FL 32536 2220 Original contract sum Net change by change orders Contract sum to date Total completed and stored to date Retai nape 10.0% of completed work 0.0% of stored material Total retainage Total earned less retainage Less previous certificates of payment 0.000% of taxable amount Current sales tax LESLIE R. CUNNINGHAM U rrent payment due :4 MYCOMMISSION#GG351498 lance to finish, including retainage rir - ✓i EXPIRES: July 4, 2023 rF- odr�oco Bonded Thru Noir Public Underwriters Architect's Certificate for Payment En accordance with the Contract Documents, based on on -site observations and the data comprising the above application the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the Amount Certified. Amount Certified: $ Architect: By: Date: Application No: 1 Period To: 08/25/22 Architect's Project No: Contract Date: Date: 08/25/2022 563,590.00 0.00 563,590.00 92,957.74 9,295.77 0.00 9,295.77 83,661.97 0.00 0.00 0.00 83,661.971 479,928.03 This Certification is not negotiable. The Amount Certified is payable only to the Contractor named herein. Issuance, payment, and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. Application and Certificate For Payment -- page 2 To Owner: City of Crestview Application No: 1 Date: 08/25/22 From (Contractor): Bear General Contractors, LLC Contractor's Job Number: 2220 Project: Crestview Fire Training Architect's Project No: Work Completed Materials Completed and Item Scheduled Previous Presently Stored Stored to Date Balance to Finish Number Description Value Application This Period % Retention 001 General Conditions 82,698.50 0.00 20,674.63 0.00 20,674.63 25.00 62,023.87 2,967.46 Period To: 08/25/22 002 Sitework 46,725.00 0,00 28,030.00 0.00 28,030.00 59.99 18,695.00 2,803.00 003 Concrete 96,075.00 0.00 18,699.00 0.00 18,699.00 19.46 77,376.00 1,869.90 005 Metal Erection 275,000.00 0.00 0.00 0.00 0.00 0.00 275,000.00 0.00 006 InsurancelBonding 13,041.64 0.00 13,041.64 0.00 13,041.64 100.00 0.00 1,304.16 999 GC Fee 60,049.86 0.00 12,512.47 0.00 12,512.47 25.00 37,537.39 1,251.25 Application Total 563,590.00 0.00 92,957.74 0.00 92,957.74 16.49 470,632.26 9,295.77 Memo SELF-CERTIFICATION FOR A STORMWATER MANAGEMENT SYSTEM IN UPLANDS SERVING LESS THAN 10 ACRES OF TOTAL PROJECT AREA AND LESS THAN 2 ACRES OF IMPERVIOUS SURFACES Owner(s)/Permittee(s):City of Crestview File No:0294459002EG File Name:FIRE TRAINING TOWER FACILITY Site Address:1198 Edney Ave W Crestview FL - 32536 County:Okaloosa Latitude:30° 45' 6" Longitude:-86° 34' 37" Total Project Area:5.84 Total Impervious Surface Area:1.67 Approximate Date of Commencement of Construction:07/01/2022 Registered Florida Professional:Timothy Bowden License No.:68275 Company:Seaside Engineering And Surveying, LLC Date: June 22, 2022 Timothy Bowden certified through the Department's Enterprise Self-Service Application portal that the project described above was designed by the above-named Florida registered professional to meet the following requirements: (a)The total project area involves less than 10 acres and less than 2 acres of impervious surface; (b)Activities will not impact wetlands or other surface waters; (c)Activities are not conducted in, on, or over wetlands or other surface waters; (d)Drainage facilities will not include pipes having diameters greater than 24 inches, or the hydraulic equivalent, and will not use pumps in any manner; (e)The project is not part of a larger common plan, development, or sale; and (f)The project does not: 1.Cause adverse water quantity or flooding impacts to receiving water and adjacent lands; Ron DeSantis Governor Jeanette Nuñez Lt. Governor Shawn Hamilton Secretary FLORIDA DEPARTMENT OF Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 2.Cause adverse impacts to existing surface water storage and conveyance capabilities; 3.Cause a violation of state water quality standards; or 4.Cause an adverse impact to the maintenance of surface or ground water levels or surface water flows established pursuant to s. 373.042 or a work of the district established pursuant to s. 373.086, F.S. This certification was submitted before initiation of construction of the above project. The system is designed, and will be operated and maintained in accordance with applicable rules adopted pursuant to part IV of chapter 373, F.S. There is a rebuttable presumption that the discharge from such system will comply with state water quality standards.Therefore, construction, alteration, and maintenance of the stormwater management system serving this project is authorized in accordance with s.403.814(12), F.S. In accordance with s. 373.416(2), F.S., if ownership of the property or the stormwater management system is sold or transferred to another party, continued operation of the system is authorized only if notice is provided to the Department within 30 days of the sale or transfer.This notice can be submitted to: FDEP Northwest District 160 Governmental Center Pensacola, FL32502 This certification was submitted along with the following electronic documents: If you have submitted this certification as a Florida Registered Professional, you may wish to sign and seal this certification, and return a copy to the Department, in accordance with your professional practice act requirements under Florida Statutes. I, , License No. , do hereby certify that the above information is true and accurate,Timothy Bowden 68275 based upon my knowledge, information and belief. In the space below, affix signature, date, seal, company name, address and certificate of authorization (if applicable). This sealed certification may be submitted to the Department, either electronically (as an attachment in Adobe PDF or other secure, digital format) at , or as a hardcopy,NWD_ERP_Applications@dep.state.fl.us at the postal address below: FDEP Northwest District 160 Governmental Center Pensacola, FL32502 DocuSign Envelope ID: 4CE53E25-E37D-42FB-8CE3-7B70F9580D9D AMENDMENT NO. 1 TO GRANT AGREEMENT FM682 BETWEEN DEPARTMENT OF FINANCIAL SERVICES AND CITY OF CRESTVIEW This Amendment No. 1 (Amendment) to Agreement FM682 (Agreement), is made by and between the Department of Financial Services (Depailnient), an agency of the state of Florida (State), and the City of Crestview (Grantee), collectively referred to herein as the "Parties." WHEREAS, the Department, pursuant to Specific Appropriation 2377A of the General Appropriations Act for the 2021-2022 State fiscal year, entered into the Agreement with the Grantee on April 6, 2022, for the design and construction of a fire training tower, with a performance period beginning July 1, 2021; and WHEREAS, the Parties wish to amend the Agreement as set forth herein to add Appendix 2, Grantee's Contract with its Contractor for Construction of the Fire Training Tower, Purchase Construction Materials and Post Construction Costs, and to update other provisions as set forth below. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: 1) The terms and conditions of the Agreement are incorporated by reference as if fully re -written herein. Except as expressly amended and supplemented by this Amendment, the terms and conditions of the Agreement will remain in effect unchanged. If and to the extent that any inconsistency may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. 2) Subsection g. of Section S. Entire Agreement, of the Agreement is hereby amended to read as follows: g. Appendix 2, Grantee's Contract with its Contractor for Construction of the Fire Training Tower, Purchase Construction Materials and Post Construction Costs. 3) Section 4. Deliverables, of Attachment 1, Scope of Work, is hereby amended to remove the note within the brackets in the "Tasks" column of the table for Deliverable No. 2 —Tasks to Purchase Construction Materials, Construct the Fire Training Tower and Post Construction Costs. 4) The coversheet for Appendix 2, Grantee's Contract with its Contractor for Construction and Post Construction Work, is hereby amended and renamed as follows: Grantee's Contract with its Contractor for Construction of the Fire Training Tower, Purchase Construction Materials and Post Construction Costs 5) Appendix 2, Grantee's Contract with its Contractor for Construction of the Fire Training Tower, Purchase Construction Materials and Post Construction Costs, consisting of 36 pages, is attached hereto and incorporated by reference into the Agreement. The Grantee has contracted with Bear General Contractors, LLC, for the construction of the fire training tower. 6) Counterparts and Electronic Signature. This Amendment may be signed in multiple counterparts, each of which may be deemed an original, but which together shall constitute the same instrument. Facsimile, FM682 1 of 2 Rev. 06/15/18 Amendment No. 1 DocuSign Envelope ID: 4CE53E25-E37D-42FB-8CE3-7B70F9580D9D documents executed, scanned, and transmitted electronically and "Electronic Signatures" shall be deemed original signatures for purposes of this Amendment and all matters related thereto, with each such facsimile, scanned, or Electronic Signature having the same legal effect as original signatures. "Electronic Signature" means an electronic sound, symbol, or process attached to or associated with a contract or other record and adopted by a party with the intent to sign, authenticate, or accept such contract or record. 7) Except as otherwise provided in this Amendment, this Amendment shall be effective as of the date last signed below. IN WITNESS WHEREOF, the Parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. Department of Financial Services City of Crestview DocuSipned by: T 'af ru1uui , 9/13/2022 1 12:29 PM EDT XTAltdifiglti6nature Date Authori Scott Fennell Typed or Printed Name Deputy CFO of operations Title FM682 Rev. 06/15/18 J •I ignature Date Typed or Printed Name Title 2 of 2 Amendment No. 1 DocuSign Envelope ID: 4CE53E25-E37D-42FB-8CE3-7B70F9580D9D Appendix 2 Grantee's Contract with its Contractor for Construction of the Fire Training Tower, Purchase Construction Materials and Post Construction Costs