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HomeMy WebLinkAboutItem 13 Approval to Award RFQ #19-007 Owner’s Representative for the New Ocoee City Hall to ZHA, IncOcoee . .. AGENDA ITEM COVER SHEEfi Meeting Date: June 18, 2019 Item # 13 Reviewed By: Contact Name: Joyce Tolbert Department Director: C Ci Contact Number: 1516 City Manager: Background Summary: In compliance with Chapter 21 of the City's Code of Ordinances, the City solicited statements of qualifications from qualified firms or individuals to provide Owner's Representative Services for the New Ocoee City Hall. The Owner's Representative shall provide professional construction management services for the design and construction and post -construction through City occupancy of the New Ocoee City Hall project awarded to the Design -Build team of Wharton -Smith, Inc./HuntonBrady Architects. The RFQ was advertised on April 21, 2019 and was publicly opened on May 14, 2019. There were ten (10) responses submitted. The Finance and Utilities Departments reviewed the qualification statements and all were considered responsive, see the attached Checklist. Attached are the three (3) short-listed responses; original copies of all responses are available in the Finance Department for your review. The ten (10) responses were evaluated by the RFQ Evaluation Committee appointed by the City Manager, which was comprised of three (3) members: Jamie Croteau, Assistant Utilities Director; Steve Krug, Public Works Director; and Charles Smith, P.E., Utilities Director. The first public RFQ Evaluation Committee meeting was held on May 20, 2019 with the Evaluation Committee evaluating and short -listing the firms on specific evaluation criteria. The second public RFQ Evaluation Committee meeting was held on May 29, 2019 for the purpose of interviewing the three (3) short-listed firms, and finalizing the shortlist for recommendation of award. Please see the attached shortlist/evaluation forms from both meetings. The evaluation committee short-listed the following firms in ranked order, and recommends contracting with the top ranked firm, ZHA, Inc., per the attached award recommendation from Jamie Croteau, Assistant Utilities Director. The Table below is the Evaluation Committee's rankings: Rank/Respondent 1. ZHA, Inc. 2. Howes & Company of Florida, LLC 3. PMA Consultants, LLC Responses were also received from J. Costa Group LLC; Pizzuti Solutions, Inc.; FBG Engineers & Consulting Inc; Project Management Advisors Inc.; Jones Lang Lasalie Americas Inc. (JLL); Woodard & Curran Inc; and Aharoni Consulting & Development LLC. Issue. Should the City Commission award the Owner's Representative Services for the New Ocoee City Hall to the top - ranked firm, ZHA, Inc., as recommended by the Evaluation Committee? Recommendations: Staff recommends that the City Commission award RFQ #19-007 Owner's Representative Services for the New Ocoee City Hall to ZHA, Inc., and authorize Staff to proceed with contract negotiations with the selected firm. Upon successful negotiation of a contract,: the fee proposal will be brought back before the City Commission for approval. Attachments: 1. RFQ #19-007 & Addendum #1 2. Award Recommendation from Utilities Dept. 3. RFQ Checklist 4. Evaluation Form/Shortlist for Interviews Meeting #1 5. Evaluation Form/Shortlist for Recommendation of Award Meeting #2 6. ZHA Response & Interview Handout 7. Howes & Company Response & Interview Handout 8. PMA Consultants Response & Interview Handout Financial Impact: These services will be funded through bond proceeds and other funding as appropriated by the City Commission. Type of Item: (please mark with an 'x') Public Hearing Ordinance First Reading Ordinance Second Reading Resolution X Commission Approval Discussion & Direction _ Original Document/Contract Attached for Execution by City Clerk X Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda N/A N/A N/A 2 Mayor Rusty Johnson City Manager Robert Frank Date: June 10, 2019 To: Joyce Tolbert, Purchasing Agent From: Jamie Croteau, Assistant Utilities Director Commissioners Larry Brinson, Sr., District 1 Rosemary Wilsen, District 2 Richard Firstner, District3 George Oliver, III, District 4 RE: Owner's Representative Contract Award Recommendation The Utilities Department recommends award of Request for Qualifications 19007, Owner's Representative Services for the New City Hall, to ZHA, Inc. The City is seeking an Owner's Representative to assist with the development of the new City Hall. The City received ten (10) responses to the Request for Qualifications package. From the responses the City shortlisted three (3) firms: Howes & Company, Inc., PMA Consultants, and ZHA, Inc. The three shortlisted firms were brought in for interviews. Based on those interviews, staff ranked the firms as follows: 1. ZHA, Inc. 2. Howes & Company, Inc. 3. PMA Consultants Staff is recommending entering into contract negotiations with ZHA, Inc. as the top ranked firm. The City Hall project is funded through a combination of general fund money, capital improvement funds and bond financing. City of Ocoee . 150 N Lakeshore Drive . Ocoee, Florida 34761 phone: (407) 905-3100 ® fax: (407) 905-3194 e www.ococe.org RFQ #19-007 OWNER'S REPRESENTATIVE FOR THE NEW OCOEE CITY HALL CHECKLIST 5/14/2019 2:00 PM Summary of Litigation, , Submission Requirements- Company Info/Signature Qualifications, References, Sheet, Conflict of Interest Project Approach', Current Addendum #1 Florida Dept. of State Form, Confidential No. RESPONDENT & Projected Workload Acknowledged Sunbiz Registration Disclosure Agreement 1 Aharoni Consulting & Development, LLC ✓ ✓ Active ✓ Missing Current/Projected Missing Summary of 2 JFBG Engineers & Consulting, Inc. Workload ✓ Active Litigation 3 Howes & Company of Florida, LLC ✓ ✓ Active ✓ Missing Confidential 4 J. Costa Group, LLC ✓ ✓ Active Disclosure Agreement Missing Confidential 5 Jones Lang Lasalle Americas, Inc. (JLL) ✓ ✓ Active Disclosure Agreement Missing Confidential 6 Pizzuti Solutions, LLC ✓ ✓ Active Disclosure Agreement 7 PMA Consultants, LLC ✓ ✓ Active ✓ 8 Project Management Advisors, Inc. ✓ ✓ Active ✓ Missing Confidential 9 Woodard & Curran, Inc. ✓ ✓ Active Disclosure Agreement 10 ZHA Inc. ✓ ✓ Active ✓ Listed in alphabetical order. *Missing Forms/Information are considered a minor irregularity. Firms have been notified. You must submit the missing items to the City by 5120/19 at 12:00 pm for these items to be considered as part of your qualification package. RFQ #19-007 OWNER'S REPRESENTATIVE FOR THE NEW OCOEE CITY HALL SHORTLIST OF RESPONDENTS FOR RECOMMENDATION OF AWARD - AFTER INTERVIEWS- MEETING #2 Respondent Howes & Company of Florida, LLC PMA Consultants, LLC ZHA, Inc Evaluator 1 12 3 Evaluator 2 2 3 1 Evaluator 3 2 3 1 TOTAL 9 3 RANKING 2 3 Note: Lowest Total is Highest Ranking. The Evaluation Committee recommends award to ZHA Inc., after interviewing the top (3) ranked firms. 6ucdct lr- I RFQ #19-007 OWNER'S REPRESENTATIVE FOR THE NEW OCOEE CITY HALL INDIVIDUAL EVALUATION FORM - AFTER INTERVIEWS SHORTLIST OF RESPONDENTS FOR RECOMMENDATION OF AWARD Howes & Company of Evaluation Criteria Florida, LLC PMA Consultants, LLC ZHA, Inc I tit Overall Expertise of the Firm to Provide Requested Services (0-40 points) Cc) _"�: 6 Ir -----T — ;11 (;V/) Past performance and experience of the Firm and Project Team t. 1e Ot'C-7- (0-40 points) Current and projected workload of the Firm (0-20 points) TOTAL POINTS• (0-100 Points) 0 0 0 MEMBER RANKING Evaluator Name Evaluator Signature bdua4or-q-- RFQ #19-007 OWNER'S REPRESENTATIVE FOR THE NEW OCOEE CITY HALL INDIVIDUAL EVALUATION FORM - AFTER INTERVIEWS SHORTLIST OF RESPONDENTS FOR RECOMMENDATION OF AWARD Howes & Company of Evaluation Criteria Florida, LLC PMA Consultants, LLC ZHA, Inc Overall Expertise of the Firm to t ' Provide Requested Services (0-40 points) �� (lc Y J Past performance and experience of the Firm and Project Team (0-40 " 2i points) Current and projected workload of the Firm l (0-20 points) TOTAL POINTS 0-100 Points 0 MEMBER RANKING Evaluator Name Evaluator Signature 6VC& ACC )V`3 RFQ #19-007 OWNER'S REPRESENTATIVE FOR THE NEW OCOEE CITY HALL INDIVIDUAL EVALUATION FORM - AFTER INTERVIEWS SHORTLIST OF RESPONDENTS FOR RECOMMENDATION OF AWARD Howes & Company of I Evaluation Criteria Florida, LLC PMA Consultants, LLC ZHA, Inc Overall Expertise of the Firm to Provide Requested Services p 1 A(1 "'11 a rg (0-40 points) *71 l" Past performance and experience of the Firm and Project Team (0-40 points) Current and projected workload of A, the Firm (0-20 points) uv' _9 TOTAL POINTS V (0.10 Points) 0 0 IMEMBER RANKING Evaluator Name cx- Evaluator Signature `V RFQ #19-007 OWNER'S REPRESENTATIVE FOR THE NEW OCOEE CITY HALL SHORTLIST OF RESPONDENTS FOR INTERVIEWS - MEETING #1 Respondent Aharoni Consulting & Development, LLC FBG Engineers & Consulting, Inc. Howes & Company of Florida, LLC J. Costa Group, LLC Jones Lang Lasalle Americas,, Inc. (JLL) Evaluator 1 10 2 3 4 7 Evaluator 2 10 8 3 6 7 Evaluator 3 10 9 3 5 8 TOTAL 30 19 15 22 RANKING 9 1 5 3 4 7 Respondent Pizzuti Solutions, LLC PMA Consultants, LLC Project Management Advisors, Inc Woodard & Curran, Inc. ZHA, Inc Evaluator 1 6 5 9 8 1 Evaluator 2 5 2 4 9 1 Evaluator 3 4 2 6 7 1 TOTAL 15. ,91 119. 24 RANKING 4 2 6 8 Note: Lowest Total is Highest Ranking. The Evaluation Committee will conduct Interviews with the top (3) ranked fines, RFQ #19-007 OWNER'S REPRESENTATIVE FOR THE NEW OCOEE CITY HALL INDIVIDUAL EVALUATION FORM SHORTLIST OF RESPONDENTS FOR INTERVIEWS Evaluation Criteria Aharoni Consulting & Development, LLC FBG Engineers & Consulting, Inc. Howes & Company of Florida, LLC J. Costa Group, LLC Jones Lang Lasalle Americas, Inc. (JLL) Overall Expertise of the Firm to Provide Requested Requested Services C) (0-40 points) i�( LrTt �2 Past performance and experience of the Firm and Project Team (0-40 points) ,� 2 Current and projected workload of the Firm (0-20 points) E TOTAL POINTS -100 Points `� 0 0 r� 0 0 C 4 0 MEMBER RANKING Evaluator Evaluator 6-va&4t� , Ift #-/ - RFQ #19-007 OWNER'S REPRESENTATIVE FOR THE NEW OCOEE CITY HALL INDIVIDUAL EVALUATION FORM SHORTLIST OF RESPONDENTS FOR INTERVIEWS Project Management Evaluation Criteria Pizzuti Solutions, LLC PMA Consultants, LLC Advisors, Inc Woodard & Curran, Inc. ZHA, Inc Overall Expertise of the Firm to L'7 6-1 ? — Provide Requested Services (0-40 points) Past performance and experience of —22-72 the Firm and Project Team (0-40points) Current and projected workload of l '( the Firm (0-20 points) TOTAL POINTS 0-100 Points Or 0 Q (j MEMBER RANKING Evaluator Evaluator RFQ #19-007 OWNER'S REPRESENTATIVE FOR THE NEW OCOEE CITY HALL INDIVIDUAL EVALUATION FORM SHORTLIST OF RESPONDENTS FOR INTERVIEWS Aharoni Consulting & FBG Engineers & Howes & Company of Jones Lang Lasalle Evaluation Criteria Development, LLC Consulting, Inc. Florida, LLC J. Costa Group, LLC Americas, Inc. (JILL) Overall Expertise of the Firm to Provide Requested Services (0-40 points) Z Past performance and experience of the Firm and Project Team (0-40 points) Current and projected workload of the Firm (0-20 points) TOTAL POINTS (0-100 Points) 0 0 0 0 MEMBER RANKING Evaluator Name Evaluator S 1 RFQ #19-007 OWNER'S REPRESENTATIVE FOR THE NEW OCOEE CITY HALL INDIVIDUAL EVALUATION FORM SHORTLIST OF RESPONDENTS FOR INTERVIEWS Project Management Evaluation Criteria Pizzuti Solutions, LLC PMA Consultants, LLC Advisors, Inc Woodard & Curran, Inc. ZH& Inc Overall Expertise of the Firm to Provide Requested Services (0-40 points) '7 .3 --J *5 Past performance and experience of the Firm and Project Team (0-40 points) —5 Current and projected workload of the Firm (0-20 points) TOTAL POINTS (OAGO Points) 0 0 0 0 0 MEMBER RANKING n J, 1-14 1, Evaluator Name k-"� Evaluator Signature RFQ #19-007 OWNER'S REPRESENTATIVE FOR THE NEW OCOEE CITY HALL INDIVIDUAL EVALUATION FORM SHORTLIST OF RESPONDENTS FOR INTERVIEWS Evaluation Criteria Aharoni Consulting & Development, LLC FBG Engineers & Consulting, Inc. Howes & Company of Florida, LLC J. Costa Group, LLC Jones Lang Lasalle Americas, Inc. (JLL) Overall Expertise of the Firm to Provide Requested Services (0-40 points) 18 18 20 18 16 Past performance and experience of the Firm and Project Team (0-40 points) 10 16 21 19 17 Current and projected workload of the Firm (0-20 points) 17 12 15 14 14 TOTAL POINT 0-100 Points 45 46 56 51 47 MEMBER RANKING 10 9 Evaluator Evaluator 6-vodada-A-3 RFQ #19-007 OWNER'S REPRESENTATIVE FOR THE NEW OCOEE CITY HALL INDIVIDUAL EVALUATION FORM SHORTLIST OF RESPONDENTS FOR INTERVIEWS Project Management Evaluation Criteria Pizzuti Solutions, LLC PMA Consultants, LLC Advisors, Inc Woodard & Curran, Inc. ZHA, Inc Overall Expertise of the Firm to Provide Requested Services (0-40 points) 22 24 19 19 25 Past performance and experience of the Firm and Project Team (0-40 points) 19 21 15 15 23 Current and projected workload of the Firm (0-20 points) 14 16 15 14 15 TOTAL POINT 4-100 Points 55 61 49 45 63 MEMBER RANKING 4 2 6 Evaluator Evaluator Table of Contents CONTENTS Cover Letter 1-2 I. it 's Qualifications Key Project Team Members 3-13 Firm and Team Member Licenses 14-16 Sub -Consultants 17 Current or Recently Successfully Completed Similar Services 18-19 Client References 20 Project Staff Organization Chart 21 Current and Projected Workload 22 Project Approach 23-39 II. Fir's Other Forms Conflict of Interest Disclosure Form Company Information/Signature Sheet Addendum No.1 Summary of Litigation 30 ZRAL RFQ #19-007 1 TOC May 14, 2019 Joyce Tolbert, CPPB Purchasing Agent City of Ocoee Finance Department 150 N. Lakeshore drive Ocoee, Florida 34761 RE: RFQ #19-007 - Owner's Representative for the New Ocoee City Hall Dear Ms. Tolbert, ZHA is pleased to submit our qualifications to provide professional Owner's Representative services to manage the design and construction of the new City Hall. ZHA is a planning and Owner's Representative firm specializing in assisting owners in conceptualizing, planning and implementing their capital projects. Since our inception in 1983, our only focus has been to represent owners. Our staff is comprised of individuals skilled in planning, architecture, engineering and construction. Accordingly, we have all the required expertise necessary to provide the requested services as the City's Owner's Representative. Our long-term planning and project management skills, coupled with our experience with design -build construction delivery of various project types, uniquely qualifies us to represent the city of Ocoee during the design and construction of the new City Hall. ZHA has experience performing capital planning, scope development and project management services on all types and sizes of governmental projects. We have represented the cities of, Casselberry, Cocoa, Inverness, Lake Mary, Panama City, Panama City Beach, Stuart, Winter Garden and Winter Park, and the counties of Orange, Osceola, Seminole and Sumter as their Owner's Representative on city hall projects, libraries, event centers, community centers, museums, municipal services complexes, senior centers, police stations, emergency operations centers, recreation parks and facilities, and fire stations. Many of these projects have been completed utilizing the design -build delivery method where ZHA developed the Design Criteria Package and managed the projects' completion. We have performed multiple projects for each of these clients and are relied on to provide a wide range of services. All our municipal clients have engaged us on projects integral to their downtowns' vitality. We understand the importance and effect these facilities have on the fabric of the downtown. PLANNING • GENERAL CONSULTING • OWNER'S REPRESENTATIVE SERVICES WWW.ZHAINTL.COM Corporate Office 601 N. Magnolia Ave, Suite 100, Orlando, Florida USA 32801 T:407.422.7487 F:407.422.7413 FL# AA C001111 Our staff is extensively diverse and experienced and able to offer our clients seasoned expertise on a variety of issues. This experience and diversity provide our owners with consulting services that have been honed over several decades. Many of our employees have been in the industry over 30 years and we are recognized for our attention to detail and integrity in assisting our Owners. ZHA has read and fully understands the RFQ and has full knowledge of the scope and quality of services being requested by the city of Ocoee. ZHA is committed to providing the requested services in the manner the City expects. Our qualifications package includes all the requested information as noted in the RFQ. This assignment will be performed out of our Orlando office and the primary contact will be: Frederick"Rick"J. Mellin,jr. President/CEO 601 N. Magnolia Ave., Ste. 100 Orlando, Florida 32801 We trust that when the City's Selection Committee reviews our qualifications, they will recognize we are extremely qualified to provide the requested services. We look forward to the opportunity to work with you to make this a very successful project. Thank you for your consideration. Sincerely, Frederick j. Mellin Jr. President/CEO RFQ #19-007 1 SECTION I 2 3 U� 10 c 0 tA ,., • - L. �._.. ZHA Incorporated is an Orlando -based firm founded in 1983. Since its inception, ZHA has presented itself as an Owner's Representative firm providing a range of customized professional and technical consulting services. Since opening our office, the firm has specialized in assisting owners in conceptualizing, planning and implementing their capital projects and has continued to successfully serve a diverse array of clients in private and public sectors. The key team members proposed for this project have worked in the industry for decades. Our team members represent a diversity of experience working on all types of projects utilizing every delivery method available. Each has over 30 years of experience in design or construction and all have provided OAR services for at least 20 years. The resumes and representative projects demonstrate our team's capability to provide the professional and technical expertise needed for the City's project. Rick Mellin - Project Executive, has been involved in dozens of design -build projects over the last 39 years and has participated in all aspects of the project development. His particular expertise is in the formulation, negotiation and management of budgets and contracts. Rick will provide project oversight and will interface with the City and ZHA staff to ensure all parties are clearly communicating and performing their respective responsibilities. Andy Brooks - Project Manager, is a Florida Professional Engineer and LEED accredited professional who has been involved in numerous design -build projects. He has years of experience successfully managing projects, utilizing both traditional and design -build delivery systems. Andy has provided oversight of scheduling, budgeting and management of a wide array of projects. He will be responsible for the day-to-day project management and for coordinating the ZHA team. Bob Deboard - Sr. Design Review, is a Florida Registered Architect with years of experience in project design. His role will be performing design review, constructability reviews as well as review of change requests. As an Architect reviewing the design, Bob will be reviewing to ensure the City's design aesthetic is being maintained. Randy Coombes - Sr. Cost Estimator and Scheduler, is a professional cost estimator with comprehensive knowledge of estimating standards and practices. He has provided his expertise on a variety of project types including schools, theme parks, resorts and hospitals; multi -family, government and courthouse facilities; and transit and infrastructure programs. Don Doehring - Sr. Inspector, has wide-ranging experience in commercial and public construction with 30 years as a Florida Certified General Contractor. He is also a Florida certified Commercial Building Inspector. Don will provide design review services with a specific focus on code issues and will provide field inspections during construction. Resumes for the project team members follow this page. RFQ #19-007 1 SECTION FREDRICK J. MELLIN JR. PROJECT EXECUTIVE YEARS EXPERIENCE PROJECT EXPERIENCE I OVERVIEW 27 years at ZHA Mr. Mellin, chief executive officer and president, has more than 40 years' experience in 13 years at other firms design, development, and construction of various kinds of projects. Hey has served as REGISTRATION/ project manager for schools, medical facilities, entertainment complexes, aviation CERTIFICATION facilities; government buildings, and military bases. He has directed real estate Florida Real Estate Broker development activities for health care facility providers across the country. Mr. Mellin's EDUCATION corporate experience has expanded his organizational and management skills on both Bachelor of Science, small and large projects. Design, College of Architecture, Clemson RELEVANT EXPERIENCE University NeoCity Office Building, Osceola County, FL — Project Executive I Provide owner's PROFESSIONAL representative services and construction oversight of a four-story, 100,000-square-foot AFFILIATIONS Past Chairman, Orange office building located in Kissimmee Florida, adjacent to the "Center for Neovation". g � � County Code Enforcement The project is part of the 500-acre NeoCity master plan that is focused on becoming the most significant and comprehensive global center for smart sensor, photonics, and nanotechnology research and development. Key project features include a new 250- space parking lot, a foot court, an engaging landscaped courtyard connecting to the adjacent laboratory/cleanroom facility, and a sleek skin design including curtainwall glazing systems and decorative metal screens. Northwest Florida Beaches International Airport, Panama City, FL — Project Executive I Provide general consulting and planning services under a continuing services contract for projects that include building design and construction; roadway design and construction; taxiway construction and reconstruction; runway construction and reconstruction; aircraft parking apron construction; parking facility design and construction; land acquisition; drainage and stormwater related projects; airfield lighting improvements; tenant facility relocation; project inspection; construction management; airport planning and design; and regulatory compliance. Florida Advanced Manufacturing Research Center, Osceola County, FL — Project Executive/Design-Build I Provide owner's representative services and construction oversight of a two-story, 109,000-sf semiconductor research/manufacturing facility on approximately 20 acres in Osceola County. The project is a 109,000-sf high-tech facility with build -out of Class 1000 and Class 10000 clean rooms, office/laboratory space, utility and building support areas, and site development. After construction, the facility was renamed as the "Center for Neovation". Lakeview Terrace Retirement Center, Altoona, FL — Program Manager I Phased expansion of a 100-acre continuing care retirement community in rural Lake County. Ultimate buildout includes addition of 250 independent living units, community center renovations, new skilled nursing and assisted living facilities as well as wastewater treatment plant relocation and improvements. Current phase will provide a new independent living tower, new villas and new clubhouse along with a sales center. Consulting Services, Access Charter School, FL — Project Executive I Providing Owner's Representative services for: Phase I —acquisition, relocation, design and construction/ renovation of a newly acquired campus to serve as the school's future home; and Phase II —roof replacement, electrical service upgrades, and site improvements. Nature Coast Emergency Management System Center, Inverness, FL — Project Executive/Design-Build 1 $1.8 Million facility — Provide budget development, concept design, site planning, programming, design criteria consultant, design management, construction phase management and owner's representative services for an 8,400-sf ZHA RFQ #19-007 1 SECTION I 4 facility containing corporate administrative offices, medical storage areas, and training rooms that also serve as an emergency operations center (EOC). Cocoa City Hall, Cocoa, FL — Project Executive/Design-Build I Develop design criteria and consultant procurement packages, negotiate contracts, and provide design management and construction administration for the city's $11 million new city hall project in Historic Cocoa Village. The facility design consolidates city departments, council chambers, and an EOC. The design and materials project a strong, conservative, governmental image. The building has a LEED Silver certification. City of Lake Mary, FL — Owner's Representative/Project Executive • Lake Mary Community Center — Renovation of an existing building to create a new community center. — Design -Build • Lake Mary Events Center — Develop design criteria and consultant procurement packages, negotiated contracts, and provide design management and construction administration for the city's $5.8 million events center project. — Design -Build • $3.5 million City Hall Expansion — Provide OR services for expansion and renovation of the city hall building. — Design -Build • Lake Mary Municipal Services Complex — Perform space programming and provide design management and construction administration for a $5.3 million project to house a fire station, fire department headquarters, administration, and building and life safety. — Design -Build City of Inverness, FL — Owner's Representative/Project Executive • On -call general consulting, management, and advisory • Valerie Theatre Maintenance Program Development of an overall maintenance program and budget. The program also included a facility renewal and sustainment program (a 20-year capital replacement plan). • Inverness Government Center — Develop design criteria and consultant procurement packages, negotiated contracts, and provide design management and construction administration for the city's $5.7 million city hall replacement project. — Design -Build City of Winter Park, FL • Community Center— Develop design criteria package and consultant procurement packages; negotiate contracts; and provide design management and construction administration for the city's $9 million new community center — Program Manager/Design-Build • Winter Park Civic Venues — Visioning and alternatives development for the U.S. Post Office, Winter Park Library, City Hall and the State Office Building site — Program Manager • Brookshire Elementary School — Strategic planning and alternatives development for a new elementary school — Project Manager • Community Redevelopment Area Plan — Planning Consultant Citrus Memorial Hospital, Inverness, FL — Owner's Representative/Project Executive • $5.7 million Emergency Department Expansion and Renovation to increase treatment capacity — CM -at -Risk • $5.2 million Satellite Medical Complex in Homosassa, Florida including physician's office, walk-in clinic, diagnostic facility, and outpatient therapy — Design -Build • $35 million New Bed Tower Project (Design Phase) $14.2 million Open -Heart Program expansion and renovation project for a 171-bed, not -for -profit private community hospital — CM -at -Risk FREDERICK J. MELLIN JR. (Resume continued) RFQ #19-007 1 SECTION ANDREW L. BROOKS, PE, LEED AP PROJECT MANAGER PROJECT EXPERIENCE I OVERVIEW YEARS EXPERIENCE 27 years at ZHA With more than 41 years of engineering, construction, and management experience, 14 years at other firms Mr. Brooks has supervised all facets of large multidisciplinary, fast -paced, diverse projects, including project planning, programming, design, construction, occupancy, REGISTRATION/ CERTIFICATION and contract administration. Mr. Brooks has a proven track record of successfully Professional Engineer: managing, coordinating, and communicating with all members of the project team, Florida #42922, focusing on meeting the expectations of owners by completing projects on time, within Michigan #6201032018 budget, and without claims. Mr. Brooks' experience, beginning with programming and LEED Accredited project controls, coupled with his field experience of managing construction projects, Professional equips him with unique credentials and the ability to oversee and successfully complete EDUCATION capital improvement projects. Master of Science, Civil Engineering, University of RELEVANT EXPERIENCE Florida Bachelor of Science, Civil Continuing Construction Project Management Contract, Osceola County, FL — Engineering, University of Owner's Representative I Provide overall project management for various capital Florida projects including municipal buildings, parking facilities, health facilities, correctional PROFESSIONAL facilities, recreational facilities, and roadway projects. To date, ZHA has managed AFFILIATIONS approximately 70 individual capital projects in excess of $60 million in value. Professional Member, Construction Specifications Responsible for management of pre -construction services, design management, Institute construction management, as well as management of related Owner Direct Purchase program. Management Review of Facility Planning, Sarasota County, FL — CIP Consultant Provide analysis of cost estimates, potential site considerations and costs, and cost of comparable facilities for three identified projects. Seminole County, FL — On -site Owner's Representative/Project Executive I ZHA successfully completed the following projects for Seminole County. On -call OAR/Project Management — Provide design and construction oversight for various capital projects including fire stations, parks, and other municipal buildings. • $43 million Criminal Justice Center, CM -at -Risk — A new courthouse project composed of 10 courtrooms, judges' chambers, offices for the public defender, state's attorney, clerk of the court, and other court related facilities all with the latest technology and infrastructure for future technology. $4.2 million Juvenile Justice Center, Design -Build —An expansion and renovation project to provide a 20,000-square-foot expansion to an existing 10,000-square-foot facility, adding two new courtrooms and support spaces, and allowing consolidation of court operations which were previously displaced due to space constraints. Orlando Orange County Expressway Authority, Administration and Operations Center, Orlando, FL — Owner's Representative I Provide ,full-time, on -site project coordination as an extension of the owner's staff for the construction of a $28 million, 86,000-square-foot agency headquarters building under a design -build delivery. Cape Canaveral Air Force Station Enhanced Use Lease Business Case Analysis, Cape Canaveral, FL — Financial Analyst ( Prepare a business case analysis of the options for offering some, or all, of the Cape Canaveral Air Force Station proposed property for enhanced use lease. The analysis determined the property's fair market value and compared it to valuations of other similar port properties on the Eastern Seaboard and the Gulf of Mexico. The business case analysis recommended an alternative that would bring the most in -kind benefit to the 45th Space Wing. ZHA RFQ #19-007 1 SECTION I 6 Lake Sumter Community College, FL — Owner's Representative/Project Executive • $3 million Softball Complex — The project provides three recreational fields, one stadium field on a raised grade, and a concessions and press box facility with restrooms. Provide oversight and project management during design and construction of the project. • $18 million Joint Use Library (Planning and Design) City of Inverness, FL — Owner's Representative/Project Oversight I Wastewater Treatment Plant Renovation/Upgrades Orlando International Airport, Orlando, FL — Project Executive I Extensively involved in the development of the airport, including the programming, cost estimating, and implementation of: • $314 million North Terminal Program —A North Terminal completion plan was developed to maximize the capacity of Orlando International Airport (OIA). The expansion program included the design and construction of 23 projects. Two of the major projects were a new control tower and the last of four airside terminals— Airside 2). Construction and installation of an automated people -mover system to link Airside 2 to the main terminal were also part of the program's scope. • $204 million Near Term Program — The Program provided facility improvements and expansion to OIA. Services included conceptual and detailed airport planning activities that evaluated facilities and led to their modification or to the development of new facilities to accommodate forecast demand. • $500 million South Terminal Program —first phase. Barton Malow Company, Sarasota, FL — Project Manager • $41 million 1000-bed Lake County jail and courthouse Gilbane Company, Orlando, FL — Project Manager • 768-bed Orange County jail expansion (design) • Leon County Courthouse — General Superintendent for opening Phase I • Renovation of two resort hotels Walbridge, Aldinger Co., Detroit, MI • 640-bed temporary state prison and 622-bed regional state prison — Project Manager • $600 million stamping plant and car assembly plant — Project Manager (Planning) • $300 million car assembly plant — Project Manager • $130 million car assembly plant — Project Engineer • $17 million sewerage treatment plant expansion — Project Engineer Townsend & Bottum, Inc., Ann Arbor, MI • 430 mega -watt electric (MWe) fossil fueled power plant — Cost and Schedule Analyst • 1100 MWe nuclear power plant — Cost and Schedule Analyst ANDREW L. BROOKS, P.E., LEED AP (Resume continued) RFQ #19-007 1 SECTION I 7 YEARS EXPERIENCE 34 Years at ZHA 20 Years at other firms REGISTRATION/ CERTIFICATION Registered Architect: Florida No. 6560, South Carolina No. 1284 National Council of Architectural Registration Boards Certificate; Certified Seismic, Zones 1, 2 & 3 EDUCATION Bachelor of Architecture, University of Florida Advanced Studies in Building Design, Structures, Acoustics PROJECT EXPERIENCE I OVERVIEW Mr. DeBoard has more than five decades of experience in the programming, master planning, design, management, and team coordination of complex multimillion -dollar building projects. These projects include commercial, educational, healthcare, municipal and aviation facilities. His experience encompasses more than 20 design - build and construction management projects incorporating a fast -track delivery system. He is an outstanding planner, concept designer and team leader. He is versed in owner/operator review and analysis, program budgets, estimates, zoning reclassifications, and construction administration and start-up. As ZHA's specialist in the Americans with Disabilities Act, he has led the firm's compliance audit work for many major clients, including Orlando International Airport and the Orange County Convention Center. He is also the firm's lead forensic specialist for our construction litigation work. RELEVANT EXPERIENCE PROFESSIONAL Lakeview Terrace Retirement Center, Altoona, FL — Project Manager I Phased AFFILIATIONS expansion of a 100-acre continuing care retirement community in rural Lake County. Corporate Member, Ultimate buildout includes addition of 250 independent living units, community center American Institute of renovations, new skilled nursing and assisted living facilities as well as wastewater Architects g g treatment plant relocation and improvements. Current phase will provide a new independent living tower, new villas and new clubhouse along with a sales center. Piarco International Airport, Trinidad — Design -Programming Manager/Concept Design Architect 1 $170 million project City of Winter Park, FL — Project Manager/Design-Builds Develop design criteria package and consultant procurement packages; negotiate contracts and provide design management and construction administration for the city's $9 million new community center. Also, serve as design criteria consultant to provide the City with a design criteria package and selection and contract negotiations assistance for a $1.97 million 2-story, 10,000-square-foot welcome center. Citrus Memorial Hospital, Inverness, FL — Project Manager/Design-Build 1 $5.2 Million Satellite Multi -Office Complex in Homosassa, Florida including physician's office, walk-in clinic, diagnostic facility & outpatient therapy. Nature Coast Emergency Management System Center, Inverness, FL — Project Manager/Design-Build 1 $1.8 Million facility — Provide budget development, concept design, site planning, programming, design criteria consultant, design management, construction phase management and owner's representative services for an 8,400- square-foot facility containing corporate administrative offices, medical storage areas, and training rooms that also serve as an emergency operations center. New City Hall, Bushnell, FL — Project Manager/Design-Build I Provide owner's representative services for the design and construction of a 15,000-square-foot city hall. Public Safety Complex, City of Stuart, FL — Program Manager ( $10 million project — Provide space programming, program estimate, concept design and site plan, design review and construction period management for a 43,000-square-foot police, fire administration and fire station building. Also provided design review, value engineering, estimating, scheduling and construction period management. RFQ #19-007 1 SECTION I Mable Butler Building Renovations, Orange County Government, FL — Construction Manager I Provide scope development and job cost estimates to define the program budget; developed sub -contractor bid packages and assisted the County with the bidding and award process; also provided construction oversight services for the renovations to the County's 34,000-square-foot, 2-story Mable Butler Building. City of Lake Mary, FL — Project Manager • $5.8 million Events Center — Develop .design criteria and consultant procurement packages and provide design management for the City's events center project. — (Design phase) Design -Build • $5.6 million Municipal Services Complex — Perform space programming and provide design management and construction administration for a project to house a fire station, fire department headquarters, administration, and building and life safety. — Design -Build • $3.5 million City Hall Expansion — Provide OR services for expansion and renovation of the city hall building. — Design -Build • $1.3 million Fire Substation — Provide design criteria development services for a 7,000-square-foot full -service fire substation and emergency response facility. — Design -Build Criminal Justice Center, Seminole County Government, FL — Project Manager (Design)/CM-at-Risk 1 $43 million new courthouse project included 10 courtrooms, judges' chambers, offices for the public defender, state's attorney, clerk of the court, and other court related facilities all with the latest technology and infrastructure for future technology. Starwood Resorts, Cancun, Mexico and Aruba — Architectural Elements Specialist Design review for timeshare conversions at Starwood properties in Mexico and Aruba. Hyatt Regency Hotel, Orlando, FL — Project Architect/Analyst I A $66.5 million hotel project integrated above the airport terminal at Orlando International Airport with 446 guest rooms surrounding a 7-story atrium. Grand Cypress Resort, Orlando, FL — Deputy Project Director/Project Architect 1 $160 million, 750-room on 800 acres resort project. Orange County Convention Center, Orlando, FL • Expansion Program, Phase II - $85.5 million — Owner's Representative I Addition of 630,000 square feet • Expansion Program, Phases III and IV - $300 million — Owner's Representative/ Concept Design Architect 1 1,400,000 and 1,600,000, respectively, gross square feet building additions, including a ballroom, theater, meeting rooms and lecture hall • Master Plan Update — Project Planner/Programmer Wisconsin Convention Center, Milwaukee, WI — Concept Designer I A 200,000- square-foot new convention center. Served as the owner's consultant for pre - construction phase activities including design and site acquisition activities. Queen Sirikit National Convention Center Expansion, Bangkok, Thailand — Program/Concept Design Architect I Prepare expansion and development master plan including the evaluation of existing facilities, conceptual expansion plans, architectural sections and elevation, cost estimates, and construction schedules. NASA Kennedy Space Center, FL — Sr. Architect/Analyst I Rocket engine labs and test beds, 6 buildings and multiple test stands on a 30-acre site. ROBERT W. DEBOARD, AIA, NCARB (Resume continued) RFQ #19-007 1 SECTION I RANDAL L. COOBES SENIOR COST ESTIMATOR AND SCHEDULER YEARS EXPERIENCE PROJECT EXPERIENCE I OVERVIEW 3 years at ZHA Mr. Coombes has more than 37 years of experience in all facets of cost estimating in ,35 years at other firms the construction industry. He has a comprehensive track record for the successful IREGisTRATION/ completion of cost estimates for multi -million -dollar projects for hospitals, public school CERTIFICATION districts, and government and private entities. Mr. Coombes provides specialized RF (Wireless) Certification, experience in parametric cost modeling and conceptual estimating for budget University of Central Florida Primavera P6 Advanced preparation and change order management. He is well -versed in estimating standards Certification and practices, developing positive relationships with contractors, subcontractors, A/E Project Time and Cost firms, and vendors for successful completion of budgets and estimates to the user. His MCACES 2nd Generation strong background in cost engineering has provided opportunities to be a collaborative Certification team member on several high profile and sensitive projects for the Department of US Cost Success Estimator Advanced Certification Defense as well as the private sector. EDUCATION CAPABILITIES: Business Administration, St. • Conceptual, schematic, design development and 100 percent estimating capability Leo University (Florida) . Strong background in electrical, mechanical and civil works estimating B.A., Economics, Trinity . Cost estimating and change management for O&M, facilities maintenance, public College Project Management works, utility services, engineering and minor construction Institute — Continuing On Screen Take -Off, MCACES, PACES, Timberline, Success Estimator, ICE 2000 Education . Construction Planning and Scheduling (Primavera P3 and P6) A.A., Metropolitan Tech CC . Functional Analysis Concept Development (FACD) PROFESSIONAL ^ Change Order Analysis AFFILIATIONS • Job Order Contracting estimates Association for the . SATOC contract unit price estimating Advancement of Cost . Quality Assurance and Quality Control Engineering (AACE) . Team Building and Leadership SOFTWARE SKILLS MCACES (MII 3.0 and 4.0) RELEVANT EXPERIENCE (PERFORMED WITH VARIOUS FIRMS) — cost engineering application (PT&C) Osceola County Public Schools, Orlando, FL — Project Controls Manager I Perform Success Estimator® review of architectural/ engineering design documents, schedules, and review of Advanced (US Cost) contractor estimates, GMPs, change order requests, and schedules for the purpose of PACES — parametric cost evaluating the cost and schedules prepared to implement the work. Also developed a engineering application On Center software —On- master program schedule and review of baseline monthly progress schedules. Screen Take Off' Sage Timberline® range County Public Schools, Orlando, FL —Cost Control Manager I As part of the Estimating — Extended Cost Management, Inc. Program Management Team, responsibilities included MC2 — ICE 2000" establishing project change order control processes and procedures; generating cost Advanced estimates and parametric cost models including delivery to the client (design and Primavera Project Planner' construction), contractor cost validation, value engineering, and all change order — P3 and P6 management for the 11th largest K12 school district in the U.S. (10-year, $3.0 billion Primavera P6 Administration and building program for new schools and capital renewal projects). Analyzed construction 9 p 9 p• p J )• Y Advanced PM documents, specifications, proposals, and other documentation to prepare time, cost Primavera P6 Web and labor estimates, and parametric cost models. Also provided procurement services Resource Management for the clients, where applicable, for architectural, engineering, and construction (Advanced Certification) Primavera Contract services, including RFP, RFQ, and bid analysis documents. Manager (formerly Expedition) Naval Facilities En in Command NVFAC Hawaii FACD and Value Engineering g g Prolog® PMIS application Engineering Charrettes, Guam — Senior Cost Estimator I Participated in on -site FACD and value engineering charrettes in Guam for the first of four recently awarded projects for the DPRI program for NAVFAC Hawaii. Responsible for all conceptual estimating and on -site in collaboration with the design team, NAVFAC, US Marine Corps, and Navy representatives. Charrette duration for each project was 10 days and cost estimates were generated and updated based on team discussions and approval. ZHA RFQ #19-007 1 SECTION I 10 SOFTWARE SKILLS After the charrette, all stakeholders were able to sign off on scope and budget giving (CONTINUED) the A/E clear direction to incorporate all agreed upon scope to stay within budget. IMPACT'- Web based PMB applications Program conceptual and schematic design estimate was within three percent of the ORBIr -Web based PMIS final contractors negotiated amount; total cost of four projects was $65 million. applications COMET® — Facility Honolulu Area Rail Transit Authority Program, Hawaii — Senior Cost Estimator Condition Assessment Provided project control services for a $6.8 billion commuter rail program. application Responsibilities included cost estimating and A/E and contractor change order review Crystal Ball and Monte services using the Federal Transit Administration standardized cost categories (FTA Carlo Risk Analysis SCC) method and basis of estimate. Performed quantity surveys of conceptual, schematic, design development, and final design documents for unit price estimating of civil, architectural, mechanical, and electrical systems. Provided change order reviews and estimates for comparison and recommendation to Owner's project representatives. Updated current labor and material unit costs within the cost library database utilizing Sage Timberline Extended estimating platform (historical data and RS Means). Generated cost estimates for heavy civil works and infrastructure including demolition, relocation of existing, and new construction to establish budgets and comparison to contractor bid proposals. Provided basis of estimate using technical writing skills to articulate the means and methods used to justify labor, material, and equipment cost. RANDAL L. COOMBES (Resume continued) NSA Data Center, US Army Corps of Engineers, Camp Williams, UT — Senior Cost Estimator I Responsibilities included all phases of cost estimating services including change order review estimates, single award task order contract (SATOC) unit price estimates for data hall fit -up, base operations support (BOS) for facility maintenance, operations and maintenance, environmental, and utility services. Strong civil works and MEP estimating proficiency as well as CSI Divisions 2-17, including MasterFormat 2010. Preparation of Earned Value and Crystal Ball analysis, RFQ and RFP proposals, and DID 1391 development including initial budgeting and preparation of IDIQ proposals to the design and contractor community. Prepared conceptual estimate and DD 1391 budget for USACE Baltimore District for new NSA Data Hall project. Elements of the program included over one million square feet, early site package valued at $220M and two34.5-megawatt substations including OH transmission lines. Starwood Hotels and Resorts Worldwide, Orlando, FL — Senior Project Manager/Senior Cost Estimator I Provided oversight of pre -development planning, programming, conceptual (pro -forma) budgets, and estimates. Completed budget estimating, program schedule integration, CM/GC bid solicitation, review and recommendation. Generated RFQ and RFP documents to A/E design and specialty consultants for domestic and international projects — Mexico (Baja California, Campeche, Yucatan and Quintana Roo), Caribbean Lesser Antilles (Aruba), US Virgin Islands (St. John), Hawaiian Islands (Kauai and Maui), Paradise Island Bahamas (Nassau); domestic projects included Florida (Orlando, Miami-Bal Harbour) and New York City (Manhattan). Walt Disney Worldwide -Buena Vista, Orlando, FL — Parametric Cost Modeling and Estimating Contract Consultant I Provided cost modeling, estimating support, and conceptual and rough order of magnitude estimates with integral schedule to establish capital budgets for new build and renovation projects, campus wide. Reviewed requests for change order documents for accuracy and value added to the original scope of work. Supported design -build planning with cost modeling and estimates from pre -construction through design phase. Assisted practice leaders in constructability reviews and value engineering recommendations and regulatory requirements, property wide - $50,000 to $35,000,000. RFQ #19-007 1 SECTION I 11 DONALD A. DOHRING, CBI, CGC SENIOR INSPECTOR YEARS EXPERIENCE PROJECT EXPERIENCE I OVERVIEW 20 Years at ZHA Mr. Doehring has more than 39 years of experience in residential, commercial, and 19 Years at other firms public construction with 30 years as a Florida Certified General Contractor. His most REGISTRATION/ recent areas of expertise are in the disciplines of project management and inspection CERTIFICATION on public projects ranging in scope from $1.8 million to $80 million. He has provided Certified General Contractor: Florida d i servces anquality conrons inspection. He is a hands-on supervisor CEI q � control iwith excellent p International Code Council: skills in site development through project completion. Commercial Building Inspector / Residential RELEVANT EXPERIENCE Building Inspector State of Florida: Certified NeoCity Office Building, Osceola County, FL — Sr. Inspector I Provide owner's Commercial Building representative services and construction oversight of a four-story, 100,000-square-foot Inspector/ Certified office building located in Kissimmee, Florida, adjacent to the "Center for Neovation". Residential Building Inspector The project is part of the 500-acre NeoCity master plan that is focused on becoming the Florida State Requirements most significant and comprehensive global center for smart sensor, photonics, and for Educational Facilities nanotechnology research and development. Key project features include a new 250- (SREF) Certification space parking lot, a foot court, an engaging landscaped courtyard connecting to the EDUCATION adjacent labo ratory/clean room facility, and a sleek skin design including curtainwall Construction Business glazing systems and decorative metal screens. Management Course / 10- hour OSHA Course / Capital Plin Cycle Cost Estimation, Panama City Beach, FL — y osmaon p Planning and Life � y Business Practice, Assessment Team ( Conduct Level 1 assessment of approximately 23 identified Workplace Safety and facilities throughout the city including site work. Assessment reports for each facility Workers' Compensation Course and site will include a cost model/condition report, deficiency report, and renewal Uniform Building Code schedule. Life cycles of building systems will also be established as listed by the Inspector Course 12002 Building Owners and Managers Association. Florida Building Code Review / 2006 Principles & Florida Advanced Manufacturing Research Center — Osceola County, Florida — Practices Design Review and Field Inspection/Design-Build I Provide owner's representative services and construction oversight of a two-story, 109,000-sf semiconductor research/ manufacturing facility on approximately 20 acres in Osceola County. The project is a 109,000-sf high-tech facility with build -out of Class 1000 and Class 10000 clean rooms, office/laboratory space, utility and building support areas, and site development. After construction, the facility was renamed as the "Center for Neovation". Lockheed Martin F-35 Lightning II Program — Design Review I Provide owner's representative services; planning and design conceptualization and relationship development; and design management to provide technical facilities knowledge and support to help create curriculums and resulting facilities for the educational facilities where pilots and maintainers will learn to operate and maintain this advanced platform. Permanent facilities generally begin at 40,000 GSF and a few exceed 250,000 GSF. Northwest Florida Beaches International Airport, Panama City, FL — Senior Inspector I Provide general consulting and planning services under a continuing engineering services contract. Projects include Terminal Push Back Apron and ATCT Security; Emergency Repairs Area 1, 8, 11 and 13; Emergency Repairs estimates, all areas; Emergency Repairs Investigative Study; and North, South, and Infield Development Plan. Continuing Construction Project Management Contract, Osceola County, FL — Senior Inspector I Perform inspection/project management tasks as needed for various capital projects including municipal buildings, parking facilities, health facilities, and roadway projects. ZHA RFQ #19-007 1 SECTION I 12 Valerie Theatre, Inverness, FL — Project Manager I Development of an overall maintenance program and budget. The program also included a facility renewal and sustainment program —a 20-year capital replacement plan. Orlando International Airport, Orlando, FL — Senior Inspector • Security improvements for landside terminal • Master grading and drainage South Terminal Complex Phase 1A • $80 million Airside 2 concourse construction and tenant finish • $1.8 million renovation of the landside commercial road including a bridge extension, the widening of entrances, and repaving ® Central energy plant • Aircraft support systems • $2.9 million renovation of airport parking administration building and addition of two new lanes and booths • Vertical core improvements A and B Garages, including more escalators, two elevators, two new pedestrian bridges, enclosures to elevator and escalator lobbies, conditioned air new electrical and mechanical rooms, and generators Waste Water Treatment Plant, City of Inverness, FL — Sr. Inspector I Provide independent oversight services for the construction, operation, and maintenance of the City's wastewater system which includes a 1.5 MGD facility and reclaimed water distribution system. NASA/Kennedy Space Center, FL ADP Centers Condition Assessment — Inspector I Conduct building assessment surveys for Launch Complex 39 area buildings. Hendry County, FL Public Schools, Hurricane Wilma Repairs Program — Project Manager I Provide management of hurricane repairs for six schools in Clewiston and six schools in LaBelle, Florida. Colonial High School Comprehensive Needs Project, Orange County Public Schools, FL — Project Manager I This $49 million project replaced 80 percent of the existing campus with new construction, including a new two-story administration building, a two-story media center, a two-story, 110,000-square-foot general classroom/science building, a gymnasium, and a new central chiller plant. Five existing buildings were renovated. Seminole County, FL Criminal Justice Center and Juvenile Justice Center — Quality Control Inspector I The new Criminal Justice Center (CM -at -Risk) project was a $43.6 million, 223,000-square-foot facility. The Juvenile Justice Center (Design -Build) project was a $4.2 million addition and renovation of the Seminole County Juvenile Justice Center. St. Edwards Schools, Upper School, Middle School, Lower School, Vero Beach, FL — Owner's Representative ( Provide project management of a $10 million repair program for damages caused by Hurricanes Frances and Jeanne to the three school facilities. Lake Sumter Community College, FL, South Lake Campus Softball Complex — Construction Administration/Inspection City Government Center Inverness, FL — Project Manager I Development of a Maintenance Program Consulting Services, Sumter County, FL — Construction Administration/Inspection Provide continuing project management services for various capital projects including fire stations, libraries, parking areas and other municipal facilities. DONALD A. DOEHRING, CBI, CGC (Resume continued) RFQ #19-007 1 SECTION I 13 Im Eirm's Qualifications FIRM LICENSES RICK SCOTT, GOVERNOR JONATHAN ZACHEM, SECRETARY Flonda r STATE OF FLORIDA DEPARTMENT OF BUSINE§�AND PROFESSIONAL REGULATION BOARD OFARGN1fEGTUftE &INTEI210R DESIGN THE ARCHITECT CORhORAT1OWHEROIN;IS CFRfiIEIED UNDER THE EXPIR noWDAT. ,FERRUARY28,2021 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. La) %zax RICK SCOTT, GOVERNOR JONATHAN ZACHEM, SECRETARY FI)I1CI, pr STATE OF FLORIDA DEPARTMENT OF BUSINESS -AN D PROFESSIONAL REGULATION BOARD,,,OF P�OEE5�IONAL ENGINEERS THE ENGINEERING 13USINES°WEREIPI ISAUfiHORI=QED UNDER THE b0� MAGIIJA 4 t �� 1,c�RLA�ID4- a F6�2$D� ;✓ %;�`� �UNME R �k5039 EXPIRATBRUARY 28, 2021 Always verify licenses online at MyFloridaLlcense.com Do not alter thisdocument in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. oI} I RFQ #19-007 1 SECTION *111CK1c0rrG0VERN0R DEPARTN THE JONATHAN ZACHEM, SECRETARY ba r', STATE OF FLORIDA Always verify licenses online at MyFlaridaLicense.com :GULATION ITHE o, o Do not alter this document In any form. This is your license. It is unlawful for anyone other than the licensee to use this document. ❑� lia..r_ Ron OeSantls, Governor Halsey Beshears, Secretary FI mda p r v STATE OF FLORIDA DEPARTMENT OF BUSINESS -AND PROFESSIONAL REGULATION BOARD OF ARGHI7ECTURE &i INTERIOR DESIGN THE ARGHI7EGT H1FRF(N 1SLICEN D UNb6 THE L1feN5fNUMBER AR0006560 EXPIRATION'D$TBRY 28, 2021 Always verify licenses online at MyFloridalicense.com Do not alter this document in any form. 0 This is your license. It is unlawful for anyone other than the licensee to use this document. RFQ #19-007 1 SECTION 15 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BUILDING CODE' ADMINISTRATORS & INSPECTOR, CATEGORY BN6116 BLDG The STANDARD INSPECTOR Named below IS CERTIFIED Under the provisions of Chapter 468 FS. Expiration date: NOV 30, 2019 DOEHRING, DONALD A 3015 DELANEY AVE _ ORLANDO FL 32806-6230 . ISSUED: 11f28/2017 DISPLAY AS REQUIRED BY LAW SEQ# L1711280001698 RFQ #19-007 1 SECTION I 16 • Client Focused. Integrated Design. fl •. Hackenberg Engineering (HE) is a design and commissioning management services company with LEED accredited specialists. HE specializes in a lean process approach for creative and innovative design solutions that are value add and customer service focused. Project experience includes providing design, commissioning and owners representation services for healthcare facilities, data centers, churches, municipalities and commercial applications. HE has had a working relationship with ZHA on various projects for the last 4 years. Building Envelope Consultant Construction Moisture Consulting, Inc. Roofing/Waterproofing/Exterior Walls/Glazing Complete Building Envelope Specialists Construction Moisture Consulting, Inc. (CMC), established in 1992, has a history of providing all aspects of roofing, waterproofing and building envelope weatherproofing consulting services with emphasis on systems and components designed to prevent moisture intrusion and unwanted air leakage, resist hurricane force wind speeds and provide thermal efficiency for commercial, institutional, industrial and residential construction. In addition, CMC has performed condition surveys on literally millions of square feet of roofing and building envelope construction for purposes of evaluating new and existing construction projects. CMC has also provided QA inspections and testing services on hundreds of new and renovation roofing and building envelope construction projects to ensure our clients receive quality construction which is in compliance with manufacturers' installation criteria and construction document requirements. CMC has had a working relationship with ZHA on numerous projects over the past 20+ years. RFQ #19-007 ( SECTION I 17 small �l 0 1_ .. SERVICES WITHIN THE PAST THREE (3) YEARS ZHA's only focus has been to provide Owner's Representative services since our inception in 1983. Working primarily in the governmental and institutional sectors, we are keenly aware of how to work within the parameters associated with our clientele. ZHA has provided services similar to those requested in this RFQ to a diverse group of clients over the last three years, many of whom have been continuing clients for ZHA for up to 35 years. -• • Northwest Florida Beaches International Airport: Multiple planning and project management of design and construction projects through two 5-year general consulting contracts with the airport (2010 to present). Orlando International Airport: Construction inspections - multiple projects through continuing contracts since 1984. 4 -All ._ i • Access Charter School FL: Facility evaluation, scope development and project management of renovations design & construction. Osceola County Public Schools, FL: Program and project cost estimating and scheduling - multiple schools through a continuing contract. �I7I471/►y,I4,i City of Panama City. FL: City hall space needs analysis, planning and project management of the renovation of a bank into a new City Hall. Osceola County, FL Government: Planning and project management for multiple County- wide Capital Improvement Plan design and construction projects through two 5-year continuing contracts (2011 to present). Osceola County, FL Government: Design criteria package development and project management of 109,000 SF cleanroom facility. Project value $80 million. Osceola County, FL Government: Design criteria development and project management of 100,000 SF office building to support the cleanroom facility. Lakeview Terrace Retirement Community: Planning and project management of design and construction of the renovations and new construction on a 100-acre continuing care retirement center. Current construction includes Independent Living Tower, Villas and Clubhouse. Continuous work on this campus since 2007. RFQ #19-007 1 SECTION I 18 fll p Orlando Health: Project management of design and construction for multiple projects, including design, bid, build and design -build contracts through a continuing contract. Similar Services Representative Projects In addition to the current and recently completed similar projects, ZHA has a long list of successful design -build projects for cities and counties that include numerous city halls. Our clients know they can rely on us to provide professional consulting on a variety of matters, and we know when and how to engage the various disciplines necessary to further their objectives. An abbreviated list of comparable design -build projects includes: Inverness Government Center Bushnell City Hall 115,000-square-foot new construction. Project Value: $3.05 million Cocoa City Hall 142,000-square-foot new construction. Project Value: $11.0 million Inverness Government Center 128,000-square-foot new construction. Project Value: $5.8 million Juvenile Justice Center Expansion 121,129-square-foot addition and 11,500-square-foot renovation to existing juvenile justice Center. Project Value: $4.2 million Lake Mary City Hall 15,800-square-foot addition and 13,000-square-foot renovation to existing City Hall. Project Value: $3.5 million Lake Mary Community Center 15,800-square-foot renovation for new use. Project Value: $334,459 Lake Mary Events Center 120,000-square-foot new construction. Project Value: $5.8 million Lake Mary Municipal Services Complex 138,000-square-foot new construction. Project Value: $5.6 million OOCEA Administration Building 186,000-square-foot new construction. Project Value: $28.0 million Winter Garden City Hall 140,000-square-foot new construction. Project Value: $10.5 million Winter Park Community Center 138,500-square-foot new construction. Project Value: $9.0 million Winter Park Welcome Center 1 10,000-square-foot new construction. Project Value: $1.9 million RFQ #19-007 1 SECTION I 19 City of Winter Park, Florida Randy Knight, City Manager 401 Park Avenue South, Winter Park, FL 32789 T: (407) 599-3235 / E: city-manager@cityofwinterpark.org Projects: cts: • Winter Park Community Center, 38,500 SF -Design Criteria Package, Design -Builder Selection, Contract Negotiation, Design & Construction Project Management. • Winter Park Welcome Center, 10,000 SF - Design Criteria Package, Design -Builder Selection, Contract Negotiation, Design & Construction Project Management. Osceola County, Florida Government Frank Raymond, Construction/Asset Management Director 1 Courthouse Square, Suite 3100, Kissimmee, FL 34741 T: (407) 742-0699 / E: frank.raymond@osceola.org Projects: • Florida Advanced Manufacturing Research Center, 109,000 SF - Design Criteria Package, Design -Builder Selection, Contract Negotiation, Design & Construction Project Management. • NeoCity Office Building, 100,000 SF - Design Criteria, AE and CM Selection, Contract Negotiation, Design & Construction Management. • Multiple County Capital Projects - Planning and Project Management of multiple County projects. City of Lake Mary, Florida Jackie Sova, City Manager 100 N. Country Club Road, Lake Mary, FL 32746 T: (407) 585-1419 / E: jsova@lakemaryfl.com Projects: • Lake Mary Community Center, 5,800 SF - Design Criteria Package, Design -Builder Selection, Contract Negotiation, Design & Construction Project Management. • Lake Mary Events Center, 20,000 SF - Design Criteria Package, Design -Builder Selection, Contract Negotiation, Design & Construction Project Management. • Lake Mary Municipal Services Complex, 38,000 SF - Design Criteria Package, Design - Builder Selection, Contract Negotiation, Design & Construction Project Management. • Lake Mary City Hall, 18,800 SF - Design -Builder Design & Construction Project Management. RFQ #19-007 1 SECTION I 20 Phase Design Review Constructibility Review Change Request Review Project Management Project Reporting Project Budget Management Project Schedule Management Project Budget Review Schedule Review Alternative Analysis Change Evaluations Mechanical Equipment Commissioning Electrical Equipment Commissioning 21 ,,, . i I 4.. Project Oversight Budget Oversight Schedule Oversight Construction Observation Testing Review Code Compliance Move -in Assistance Close-out Coordination Roofing Detail & In -place Review Glazing Detail & In -place Review RFQ #19-007 1 SECTION I ZHA's sole function, since its inception 36 years ago, has been to assist and represent owners in the development of their capital projects, from inception through operations. While we have done so around the world, many of our assignments have been in Central Florida helping to create some of the most notable projects in our community. Many of these projects have been economic drivers in the region. Functioning as an owner's authorized representative exclusively, we have developed a keen understanding of an owner's desires, needs, obligations and what it takes to create successful projects. We have licensed architects, engineers and contractors on staff, but we do not design or construct buildings. We represent our owners in designing and constructing their buildings. In this capacity, we are in the ideal position to provide Design -Build Qualified Professional services as your Owner's Representative in conformance with Florida Statutes. We are very familiar with those statutes and, having been based in Orlando for 36 years, we are equally familiar with the governing agencies throughout Central Florida. ZHA's primary responsibility as an Owner's Representative is always to protect our owners' interests by helping define, implement and manage the project's scope, schedule and budget, and maximize the quality of the final product. Within our core strengths is the perspective to understand the impact projects have on the existing assets of our owners and plan for proper implementation. Our approach is very simple: • Understand the owner's objectives, capabilities and assets • Develop a program that meets those objectives • Assemble and lead a team that is best suited for the project or program • Communicate the program expectations consistently to all participants • Provide technical expertise to accomplish all required program services • Execute the services effectively and efficiently • Manage the overall project budget and schedule UNDERSTAND THE OWNER'S OBJECTIVES, CAPABILITIES AND ASSETS The City of Ocoee is in the process of replacing their existing 31,000 SF City Hall. One major consideration is the ability of the City Hall to be a catalyst within the larger $45 million public infrastructure investment the City is making to stimulate urban development in downtown Ocoee. The new City Hall will set the tone for a downtown design vernacular and will serve as a link between the many public venues and activities that will be attractive to businesses, residents and visitors. Additionally, City staff is currently located in two different locations, and storage and IT areas are inadequate for current demands. Consolidating these functions will bring a heightened focus to the downtown and provide greater efficiency for City staff RFQ #19-007 1 SECTION I 23 and the public. As the City's Owner's Representative, ZHA will bring skill sets that may not be available from other firms that will aid in meeting the City's objectives. Specifically, having extensive experience in managing design -build projects for many different public facilities in Central Florida, we understand the relationships of the various professionals involved and the responsibilities of the Owner to provide directions and decisions at different junctures throughout the project's design and construction. Ourgoal would be to provide high level, hands-on support from seasoned individuals to help guide and manage the process of creating a City Hall that is a central element of a much larger plan. We will advise the City on the options to best maximize the project's value within the designated budget and any constraints that are established. DEVELOP A PROGRAM THAT MEETS THOSE OBJECTIVES The design -build process has been initiated with completion of the Design Criteria Package and selection of the Wharton -Smith and Hunton Brady design -build team. The City has executed the design -build contract initiating design which will lead to a GMP price proposal. The critical effort at this point is to make sure the project expectations are aligned and maintained throughout the design and construction process. That includes evaluating design decisions that impact the building's costs and long-term performance and providing options to create the proper balance of cost and performance. During construction, it includes monitoring the implementation of the design so that quality control is properly maintained. Most importantly, the City will be called on to make decisions that will impact the project's scope, budget and schedule. ZHA has experience managing design -build City Hall projects and understands the importance and visibility the project will have. We recognize that the public will expect the building to be well planned and constructed and all funds be properly spent. We also understand the design - build process often has design and construction tension as the team attempts to maximize the project value. We will evaluate individual and collective project components, identify potential areas of concern and offer alternatives to resolve any potential conflicts between design intent and construction costs with minimum impact. It will be ZHA's responsibility to make sure City staff and Commission have appropriate and timely information to make decisions regarding these issues. ASSEMBLE AND LEAD A TEAM THAT IS BEST SUITED FOR THE PROJECT OR PROGRAM The selected design -build team has presented excellent project options for consideration and have good experience working together. The City has also assembled a team of planners and designers to address the development of properties surrounding the new City Hall and are developing a stormwater master plan. It is expected that these firms will coordinate with each other to ensure that there are minimal gaps between the various design elements and that any potential impacts of one project on another be conveyed during the construction of the projects. ARA RFQ #19-007 1 SEcrION 1 24 It is important that the City Hall Owner's Representative have knowledge of how these various pieces interrelate and have the management skills and technical expertise to effectively coordinate and convey information to allow for timely decision making by the various participants throughout the project. It is also important the Owner's Representative team is structured to effectively interact with the design -builder's design and construction personnel to get the most out of the team. Having exclusively represented Owners for 36 years throughout Central Florida, the United States and the World, we know that providing these services successfully requires a broad knowledge of planning, design and construction issues. We also know specific expertise is often required to appropriately manage and respond to a project's unique requirements. We do not hesitate to identify areas where specific expertise is required and our Project Manager knows where within our team to find the necessary expertise. We are proposing a seasoned team whose experience will be applied to anticipate problems and offer appropriate solutions that can minimize conflict or impacts. Some of these areas of expertise include design management, contract development and negotiation, daily project management, and program oversight and review. ZHA has the knowledge, skills and abilities proven over 36 years of providing these services. Along with our corporate history, members of our proposed team each have 30 to 40 years of experience primarily working for owners on all types of projects including schools, airports, sports facilities, courthouses, correctional facilities, event centers and city halls. We understand the nuances of project development where the goals, needs and wants of each party must be addressed so the scope, budget and schedule requirements are met. COMMUNICATE THE PROGRAM EXPECTATIONS CONSISTENTLY TO ALL PARTICIPANTS We believe that a critical component of a successful Design -Build project is to facilitate clear, concise and timely communication between all parties associated with the project. This begins with the Design Criteria Package and continues throughout the project. This includes the communication of the project's requirements and expectations between the program professionals, stakeholders and the City for timely input and decision making. ZHA will facilitate and coordinate this communication by establishing and adhering to clear lines of communication and authority, and by holding regular coordination meetings. Communication will include written, verbal and graphic means before, during and as follow-up to keep all parties informed and on task. ZHA has developed and implemented communication techniques and templates that ensure nothing is misunderstood or lost between all the stakeholders and consultants. ZHA has successfully completed numerous Design -Build projects for owners in Central Florida. We understand the contractual obligations and relationships that exist under this delivery method and have successfully managed all types of projects using Design -Build. As owner, the City's primary obligations are to set the program and budget and make timely decisions regarding the program implementation. ZHA will focus on anticipating issues, highlighting ZRA RFQ #19-007 1 SECTION 1 25 decision requirements recommending action, and providing information for the City to make informed decisions with knowledge of any impacts to the project scope, budget or schedule. PROVIDE TECHNICAL EXPERTISE TO ACCOMPLISH ALL REQUIRED PROGRAM SERVICES ZHA is comprised of architects, engineers, estimators, schedulers, contractors and other project development specialists skilled in managing design and construction projects. We have managed various types of projects including aviation, aerospace, public assembly, cultural access, education, government facilities, hospitals, and cleanroom research and development facilities. Our internal staff understands what it takes to manage these types of projects on behalf of our owners. We mobilize specific expertise, as required, to address specialized project needs. For this assignment we are proposing a selection of our staff with different areas of expertise to be available as needed. Our staff is experienced in all areas of owner's representative services including, but not limited to, permit applications, issuing required contractual Notices, observing construction work in place, pay applications, Request for Clarification (RFC) and Request for Information (RFI), request for changes, owner direct purchase programs and a myriad of other project management related activities. Having worked for a wide variety of governmental agencies in Central Florida, we are familiar and comfortable working in compliance with procedural and other requirements. Our internal technical expertise is always focused on what should be done to achieve the owner's objectives and what issues need to be considered in making decisions regarding the program implementation. Often, we supplement our internal staff with specialized consultants based on the project needs. In this case, we have included Hackenberg Engineering, a commissioning consultant, and Construction Moisture Consulting, Inc., a building envelope consultant, on our team to provide additional specialized skills, if desired by the City. The experienced staff identified is readily available to the City of Ocoee. We will integrate our staff and consultants into the project based on the specific requirements of a particular phase, issue or condition. Our philosophy is to make our people available when needed. EXECUTE THE SERVICES EFFECTIVELY AND EFFICIENTLY ZHA prides itself on its attention to detail - and its hands-on approach to addressing issues that may have an impact on the project's scope, schedule or cost. We couple this attention to detail with an ability to provide solutions to issues that arise during a project's development - knowing when to utilize traditional methods and when to challenge commonly accepted approaches in order to develop the best solutions for our clients. Constant and consistent attention to detail is critical because we believe the project environment is cumulative in nature; every task is dependent on the quality of the tasks preceding it Invalid assumptions during the planning process will have a profound effect on RFQ #19-007 1 SECTION I / •_ to to] the design process. Incomplete or ill-defined design documents will affect the project's cost and quality. Uncoordinated permitting will affect the construction schedule and cost. Poor workmanship and non -conforming work will affect the maintainability and the ultimate life of the asset. These deficiencies in project quality are controllable with proper foresight and experienced oversight. ZHA will provide the proper foresight and experienced oversight to successfully complete the project. MANAGE THE OWNER'S PROJECT BUDGETS AND SCHEDULES Monitoring the overall project budget and schedule is critical to the project's success. With a focus on the City's requirements and the critical importance of maintaining the program budget and schedule, ZHA's team will provide budget and schedule oversight at both a high level and a detailed project level. ZHA will provide a consistent critical evaluation of the budget and schedule from the beginning to the end and will have intimate knowledge of how the project is structured and performing. ZHA will evaluate the Design -Builder's budget and schedule, as well as proposed construction changes. Our staff will report regularly to the Project Executive and City Staff. Having different people review and evaluate the budgets and schedules promotes buy -in and provides superior quality control over both. Additionally, the information generated from these tiered reviews can be used to effectively communicate the project status and issues on levels appropriate to the intended audience. Project Budget ZHA has provided overall budget oversight to a wide array of owners, focusing our expertise on each project's estimated cost and budget requirements. ZHA will use our expertise to develop and maintain an overall Owner's Project Budget (OPB); demonstrating the project total costs not just construction costs. The OPB must include design, project management, permitting, testing and inspections, FF&E and the project contingency. We will identify potential issues that could adversely impact the project costs and use our knowledge and expertise to make recommendations to ensure the delivery of a project that meets the City's scope and budget objectives. This process will help to avoid last minute budget revisions based on overlooked soft costs. ZHA is successful in overseeing projects that are completed within their budgets as a direct result of our 36 years of experience developing and managing budgets for our owners. Our success is founded upon our ability to provide expertise and a team experienced in the Central Florida marketplace. We maintain a detailed database of project cost information based on hundreds of completed projects throughout the region. Our approach to budgetary control is to work with the project team to identify all components that make up the various budgets. We will evaluate the costs of these components and how to best allocate them. The following are some specific budget control activities that may be performed: • Establish a detailed overall Owner's Project Budget (OPB). • Review and monitor the OPB and recommend actions to maintain the established RFQ #19-007 1 SECTION 1 27 I gig,• I NOW .1 1 budget throughout the project duration. • Prepare and/or reconcile cost estimates and assist the City in negotiations with the Design -Builder GMP proposal. • Review and make recommendations regarding Design -Builder proposed project changes and change orders based on ZHA estimates. • Reconcile the final project costs and oversee, if required, the completion of an independent audit of the construction contracts. ZHA will develop and maintain an overall Owner's Project Schedule (OPS), which demonstrates a total project schedule of activities and milestones, not just design and construction schedules. It is our understanding that the selected Design -Build team has proposed a seventeen -month schedule (five months of design, 12 months of construction including one month for final punch). ZHA's maintenance and review of the OPS will identify and track the status of this contract, the site improvements, and potentially other contracts and services related to the completion and occupancy of the City Hall. ZHA will identify potential issues that could adversely impact the project's schedule and will use our expertise to make recommendations to ensure a delivery that meets the City's schedule objectives. ZHA will aggressively monitor the Design -Builders' compliance with the design schedule and deliverable completion. We will monitor the construction schedule and evaluate the ability to meet the completion milestones that have been contracted. We will monitor and make recommendations, if required, regarding the adequacy of the job site staffing to maintain the agreed upon schedules. ZHA will monitor and review responses to Request for Clarification (RFCs), responses to Request for Information (RFIs), as well as any other supplemental instructions to identify potential impacts to the program or project cost, schedule or scope. ZHA will also ensure timely and complete responses. Following are some specific schedule control activities that can be performed: • Monitor and update overall Owner's Project Schedules (OPS) recognizing time is of the essence. • Monitor and update OPS milestones for major decisions, reviews and delivery of services outside of the contractors' contracts. • Review and monitor design schedules to ensure adequate progress is being achieved to attain the project's objectives. • Identify critical path scope in the OPS to ensure work is not waiting for critical permits, research or approvals. • Review and make recommendations regarding construction packaging and phasing for purposes of bidding to facilitate an effective construction process. • Review and make recommendations, as appropriate, to the contractors' proposed construction sequencing schedule. • Review and monitor contractor's construction schedule for on -time completion of the RFQ #19-007 1 .SECTION 28 projects' milestone dates. • Notifying contractor of any milestone shown as not being completed in compliance with each project's requirements, with details for immediate corrective action. In short, ZHA's approach brings to the City of Ocoee an experienced team - a team that has worked together for years providing owners the full spectrum of successful professional owner's representative services and provides the City of Ocoee a complete and well-rounded course of action to ensure the City's New City Hall is designed, managed, constructed and occupied successfully. RFQ #19-007 1 SECTION I 29 -n 3 C/T 0 rt ::r (D I -n 0 3 EA RFQ CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their Proposal: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in the Proposer's firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this proposal. (Indirect ownership or benefit applies to any members of his or her immediate family.) Proposer certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Proposer agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Evaluation Committee members, and other key City employees and consultants involved in the award of this contract. According to Chapter 112, Florida Statutes, the term "conflict of interest" "means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest", and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: X To the best of our knowledge, the undersigned firm has no potential conflict of interest for this Proposal. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest for this Proposal. Acknowledged by: ZHA Incorporated Firm Name Signature ' Frederick J. Mellin, Jr. I President/CEO Name and Title (Print or Type) to M&Y 11 Date RFQ #19-007 —Owner's Representative for the New Ocoee City Hall 17 COMPANY INFORMATION/SIGNATURE SET RFO #19-007 FAILURE TO COMPLY WITH THESE RFQ INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR QUALIFICATION PACKAGE. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL RFQ INSTRUCTIONS AND THAT YOU UNDERSTAND THAT THE SUCCESSFUL RESPONDENT WILL BE REQUIRED TO ENTER INTO A LEGALLY BINDING CONTRACT WITH THE CITY OF OCOEE. ZHA Incorporated COMPANY NAME AUTHO IZED SIGNATORE (manual) Frederick J. Mellin, Jr. / President/CEO NAME/TITLE (PLEASE PRINT) 601 N. Magnolia Ave, Suite 100 STREET ADDRESS Orlando, Florida 32801 CITY STATE ZIP 407-422-7487, ext. 210 TELEPHONE (INCLUDE AREA CODE) 407-422-7413 FAX (INCLUDE AREA CODE) Rick.Mellin@zhaintl.com E-MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: FEDERAL ID # 59-2340397 Individual _Corporation Partnership Other (Specify) Sworn to and subscribed before me this -Z. ' day of j /, , 2019 Personally Known___ or Produced Identification (Type of Identification) Notary Public - State of Florida County of Orange WcommMMMMM Signature of Notary Pubic 19, P/ Printed, typed or stamped Commissioned name of Notary Public RFQ #19-007 —Owner's Representative for the New Ocoee City Hall 18 Mayor Commise2ionm Rusty Johnson Larry Brinson, Sr, District l 10 Rosemary Wilson, Distxxct 2 Ci k Manager Richard Firstner, District 3 Robert Frank lkoGeorge Oliver III, District 4 florida May 9, 2019 ADDENDUM CITY OF OCOEE RFQ #19-007 OWNER'S REPRESENTATIVE FOR THE NEW OCOEE CITY HALL This addendum shall modify and become a part of the of inal RFQ documents for Owner's Representative for the New Ocoee City Hall. This addendum consists of sixty-one 61) pages, including the attachments. Respondents shall acknowledge receipt of this Addendum in the space provided on this Addendum. Failure to do so may subject the Despondent to disqualification. The RFQ due date remains the same. .Answers to questions received and/or amendments to the R.FO documents are as follows: Q1. Is it possible to receive a copy of the "Design Criteria Package" for the Design/Build proposal for the City Hall? Al. The Design Criteria Package prepared by Zyscovich Architects has been posted to Demandstar. However, the final design is currently being revised and will be provided to the successful Respondent of this RFQ. Q2. Has the selection committee been determined? (By either position or individual person) A2. There will be a three -member evaluation committee to include the Public Works Director, Utilities Director, and Assistant Utilities Director. The evaluation committee members may be delegated or revised at the City's discretion. Q3. Is it possible to see the design -build contract? A3. The contract is attached to this Addendum. Dote this contract is for the pre -construction please and Exhibit A - Design -Build Amendment has not been executed. Q4. In light of the fact that this is a public project, are there any goals for MRE participation? If not, could the community benefit from including county certified MBEs on the proposed project team? A4. The City does not currently have an ME participation program; however, the City encourages all interested farms, including MBE firms, to respond to this solicitation. Q5, Section A. i refers Wharton Smith/Hunton Brady as the design build team. Has this changed? A5. No. Q6, Is the addendum (Design Criteria Package), Intended to be for reference only for Owner Representative services or is the expectation that our response includes Design/Build Services? A6, As requested per this Addendum, a copy of the Design Criteria Package was posted to Demandstar as a reference only. Q7. Is there a specific form that we need to acknowledge the receipt of addendum? A7. Acknowledge receipt of this Addendum at the bottom of this Addendum and attach to your reponse. Q8. Do we need a completed 'Vendor Application/W-9 or is that only if and when we enter into a contract? AS. No, required of the successful Respondent only. Q9. PIease provide a copy of Wharton Smith/Hunton Brady's proposal response. A9. Available on the City's website on Laserfiche at this link lxtt)r•/Idms ocoee.or'a/DMS/I)ocVierw.asnx?id=980152&dbid-l&repo=Laserfiche QIO. Please provide a copy of Wharton Sinith/Hunton Brady's contract, along with any amendments to date. A10. Attached, see Answer #A3 of this Addendum. Q11. Please provide minutes from any meetings so far between Wharton Smith/Hunton Brady and City of Ocoee. All. Minutes are not available as audio recordings were taken of the meetings for the RFP evaluation committee interviews with Wharton -Smith on July 9, 2018 and October 2, 2018. The audio recordings are available via a public records request to the Ocoee City Clerk at ce_dl(u7,ocoee.org, or 407-905-3100 extension 1022,150.N. Lakeshore Dr., Ocoee, EL 34761, as the City Clerkwill provide instructions on the required audio player. Q12. Please confirm that the Owner's Representative will be responsible for managing the development of the sitework and parking lot (DB program criteria in the provided Addendum stopped 5' outside building footprint) Al2;. At this time, the successful representative will not be responsible for managing work 5 feet outside the building foot print. I: Q13. Please confirm that the Owner's Representative will be responsible for managing all FF&E. A13. At this time, the successful representative will not be responsible for managing all the FF&E. Q14. Please confirm that the Owner's Representative will be responsible for managing the relocation of offices to the new building. Addendum#1 RFQ19-007 Owner's Representative for the New Ocoee City Hall Page 2 AM At this time, the successful representative will not be responsible for managing relocation of offices to the new building. Q 15. Please confirm that the Owner's Representative will be responsible for managing security, networking, and any other low voltage that may be required for the project but not included in D/B scope. A15. At this time, the successful representative will be responsible for managing this work with a City representative. Q16. Please confirm who the Owner's Representative will primarily report to within the City of Ocoee. A16. The City will determine the point of contact prior to award. Bid Solicitation Chances: 1. Complete the attached Confidential Disclosure Agreement for a public building and include in Section D.M Submittals -- Firm's Other Forms. o /rt,PB Purchasing Agent cc: Evaluatlon Committee attachment: Wharton,Smith's contract Confidential Disclosure Agreement All respondents shall acknowledge this addendum in your qualification package by completing the section below and including in Section D.H. Submittals — Firm's tither Forms. Respondent: Signature: ZHA Incorporated Name: Frederick J. Mellin, Jr. President/CEO Addendum#1 RFQ19-007 Owner's Representative for the New Ocoee City Hall Page 3 r r` .�, s r This Agreement ZHA Incorporated of Ocoee (hereinafter "City"). is entered into by and between (hereinaier "Recipicnfand the City Recitals WHEREAS City needs to disseminate certain building plans, blueprints, specifications, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a water treatment facility ("design information"), in order for it to be designed and constructed pursuant to RFQ #19-007 Owner's Representative for the New Ocoee City Hall (the "project"); and WHEREAS, such design information is exempt from public records disclosure requirements of Florida Statutes Section 119.07(1) and s. 24(a), Art. I of the Florida State Constitution. This exemption provides that design information made exempt by law may be disclosed to another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to a public building or water treatment facility; and that the entities or persons receiving such information shall maintain the exempt status; and WHEREAS the Recipient is willing to receive disclosure of the design information pursuant to the terms of this Agreement for the purpose of bidding on the project and/or performing design services; NOW THEREFORE, for good and sufficient consideration the Recipient agrees as follows: l . The above Recitals are acknowledged by the Recipient and are incorporated herein by reference. 2. Recipient agrees that it shall prevent and protect the design information, or any part thereof, from disclosure as a public record and shall not disclose the design information to any person or entity other than one having a need for disclosure in connection with Recipient's authorized use of the design information for the purposes of submitting a response to the bid solicitation. 3. Recipient agrees to take all steps reasonably necessary to protect the secrecy of the design information, and to require all entities or persons receiving the design information to maintain its exempt status and to prevent the design information from being disclosed as a public record or coming into the possession of a person or entity that is not authorized. RFQ 019-007 owner's Representative for the New Ocoee City Nall 2 3. Recipient agrees that all design information shall remain the property of City, All design information and all copies thereof shall be returned to the City not later than thirty (30) days after the bid opening togyther with a list of all of the names and addresses of all entities or persons to which the design information has been disclosed; or, in the case of a designer, not later than thirty (30) days after the project is -finally completed. Dated this —Z6 day of 1)1,4 ,% : 2Q RECIPIENT Print Name: Frederick J. Mellin, Jr. Title: President/CEO Company: ZHA Incorporated Address: 601 N. Magnolia Ave, Suite 100 Orlando, Florida 32801 Phone No: 407-422-7487, ext. 210 Date: L0 rtb-e A RFQ if 19-007 Owner's Representative for the New Ocoee City Hall IRWIN 710 WTI l ZHA was hired to provide structural engineering design to repair a warehouse that had partially collapsed. ZHA provided signed and sealed drawings and a contractor hired by the warehouse owner performed the repair work. Approximately 8 or 9 years after ZHA had performed its design a different portion of the same warehouse collapsed and the owner initiated litigation against ZHA. After discovery and expert deposition, it became obvious that the contractor failed to follow ZHA's drawings. Because ZHA had low liability it was settled without going to trial for a small percentage of the amount of the alleged repair cost. ZHA is currently investigating and defending claims as part of a pre -suit construction defect matter initiated by the City of Panama City, Florida. No formal litigation has yet been filed against ZHA. The City of Panama City has alleged that work performed by ZHA, pursuant to a contractual agreement with the City, and additional work required therefrom by other contracting entities, resulted in unforeseen costs and expenses by the City of Panama City for which the City hopes to recoup from ZHA and potential additional entities. This matter is currently set for a pre -suit mediation on June 6, 2019. Despite repeated requests, the City of Panama City has yet to provide a detailed itemization of specific damages alleged against ZHA. RFQ #19-007 1 SECTION II 30 City of Ocoee RFQ #19-007 Owner's Representative for the New Ocoee City Hall Project Team i Project Management Project Reporting Project Budget Management Project Schedule Management Project Oversight Budget Oversight Schedule Oversight Phase Design Review Project Budget Review Construction Observation Constructibility Review Schedule Review Testing Review Change Request Review Alternative Analysis Code Compliance Change Evaluations Move -in Assistance Close-out Coordination HACKENBERG ENGINEERING _ cm Client Focused. Integrated Design. construction Moisture Consulting, Inc. -� � • ':� f:aciir�llM-pcafn3/E Vxt /Gvriy C,x 1 r 6: (6.q Fa (� trv»'nts15 Hackenberg Engineering - • • - Mechanical Equipment Commissioning Construction Moisture Consulting, Inc. Electrical Equipment Commissioning ; JRoofing Detail & In -place Review `Glazing Detail & In -place Review City of Ocoee RFQ #19-007 Owner's Representative for the New Ocoee City Hall Project Experience City Halls and Design -wild Projects Howes and Company of Florida, LLC 740 N. Magnolia Avenue Orlando, FL 32803 May 14, 2019 Ms. Joyce Tolbert, CPPB Purchasing Agent City of Ocoee Finance Department 150 N. Lakeshore Drive Ocoee, FL 34761 Re: New Ocoee City Hall Owner's Representative (RFQ #19-007) Dear Ms. Tolbert: We are excited for the opportunity to present our qualifications for the New Ocoee City Hall project! As you will discover in this package, there are 3 key reasons Howes & Company is well -suited to be your Owner's Representative: 1) SOLID EXPERIENCE - We have proven ourselves on many types of construction projects, and all of that knowledge comes with us into managing this one. Some of our previous projects have been bigger and some smaller, but this is right in the `sweet spot" - our average project size is about $11M. 2) TEAM APPROACH - Our small local team is well equipped to serve the City of Ocoee. Our proven model of sharing and assigning tasks internally, gives the client the benefit of having a single point of contact, without the risk of having only one person with all the knowledge required to fulfill the Owner's Rep duties. 3) IDEAL TIMING - As we closeout one large project in May and another in August, we gain the capacity to dedicate the appropriate hours that this important project deserves. The New Ocoee City Hall will be the top project in our entire company. I look forward to meeting your team and talking about the project with you in more detail. Until then, please reach out anytime with questions. Sincerely, Jerry Howes, P.E. Principal Howes and Company of Florida, LLC 407-462-8646 Owner's Representative - New Ocoee City Hall 1 f, Qualifications Owner's Representative - New Ocoee City Hall 3 Howes & Company consists of a comprehensive Project Management Team with specialized knowledge and responsibilities. We are a small company and work collaboratively on each project, assigning roles and responsibilities based on each project's scope of work. This approach facilitates streamlined resource allocation, and closer coordination with clients and vendors. This diagram shows the team, and each member's primary "bucket" of responsibility. Owner's Representative - New Ocoee City Hall 4 CERTIFICATIONS & LICENSES LEED® Accredited Professional Commercial General Contractor Professional Engineer OSHA 10 Hour Microsoft Project - Advanced 21 years Principaljerry Howes, P. Jerry's history in commercial development includes experience working as a designer, subcontractor and general contractor. This knowledge of the various depths of a construction project, along with the breadth of having worked in many market sectors, gives him the confidence and ability to represent Owners and Developers on any project. For the New Ocoee City Hall, Jerry will serve as the primary point of contact for the City of Ocoee. And as the Owner's agent, he will be responsible for issuing decisions and direction to the design and construction team. -BlIX—I t"s 0 Master of Business Administration University of Florida Bachelor of Civil Engineering Georgia Institute of Technology Owner's Representative - Nlew Ocoee City Hall 5 Jerry Howes, P.E.: Selected Project Experienc PUBLIC EDUCATION: ■ UCF CREOL, Orlando, FL ■ OCPS Hunters Creek Middle School, Orlando, FL ■ OCPS Lake Sybelia Elementary School, Maitland, FL THETHEMED ENTERTAINMENT: ■ SeaWorld - Sesame Street Land, Orlando, FL ■ SeaWorld - Infinity Falls ride, Orlando, FL ■ SeaWorld - Blue World Project, San Diego, CA ■ SeaWorld - Explorer's Reef, San Diego, CA ■ Universal Studios - Super Nintendo World, Osaka, Japan ■ Universal Studios - Revenge of the Mummy, Orlando, FL ■ Disney Magic Kingdom - Pooh's Playful Spot, Bay Lake, FL ■ Busch Gardens - Cobra's Curse ride, Tampa, FL ■ Busch Gardens - Verbolten ride, Williamsburg, VA ■ Busch Gardens - Curse of DarKastle ride, Williamsburg, VA ■ Atlantis Resort waterpark, Nassau, Bahamas ■ Tibbals Learning Center, circus museum, Sarasota, FL ■ Wannado City, theme park, Sunrise, FL ■ Kennedy Space Center Visitor Complex, Merritt Island, FL WAREHOUSE: ■ Safemark Corporate Headquarters, Orlando FL ■ I-4 Logistics, distribution center, Seffner, FL ■ Sunrun Regional Office, Orlando, FL ■ DFW Passport Park, Dallas, TX RETAIL.: ■ Old Town Entrance Plaza, Kissimmee, FL ■ Bass Pro Shop, Fort Myers, FL ■ Rolling Oaks Commons, Kissimmee, FL ■ Super Target, Winter Garden, FL OTHER COMMERCIAL: ■ CFX 414/Marden Interchange, Apopka, FL ■ SeaWorld Corporate Headquarters, Orlando, FL ■ Grandview on Skull Creek, condominiums, Hilton Head, SC ■ Maitland West mixed use, Maitland, FL ■ Regent at Glenridge, senior living condominiums, Atlanta GA ■ Glenridge Highlands Two, office building, Atlanta, GA ■ Ronald McDonald House expansion, Orlando, FL Owner's Representative - New Ocoee City Hall 6 • 1, Master of Business Administration University of Florida Bachelor of Science University of Florida CERTIFICATIONS Lean Methodology Leadership & Change Management Bluebeam Revu Microsoft Project - Advanced 21 years Jennifer will develop and maintain the project plan including internal and external resource assignments, schedule, and budget. Her leadership and process improvement background will ensure all phases of the project are delivered on - time, within scope, and on budget. PROJECT EXPERIENCE SeaWorld Sesame Street land Themed Entertainment, Orlando, FL afemark Corporate Headquarters Office/Warehouse, Orlando, FL Old Town Entrance Plaza Retail/Restaurant, Kissimmee, FL Seaorld Corporate H Office, Orlando, FL Kennedy Space Center Attraction Themed Entertainment, Merritt Island, FL Sunrun, Inc. Regional Office Office/Warehouse, Orlando, FL Ronald McDonald House Buildout Hospitality, Orlando, FL Dalfen Industrial DFW Passport Park Warehouse, Dallas, TX Owner's Representative - New Ocoee City Hall 7 -. • Bachelor of Arts in International Relations & Comparative Politics University of Central Florida CERTIFICATIONS Bluebeam Revu Microsoft Project - Advanced OSHA 10-Hour 14 years Gabby Lothrop Assistant Project Gabby will provide onsite oversight to assess project progress and status in real time, supporting owner interests from project kick-off to final punch. Her job site and problem -solving experience will aid in smooth coordination between contractors, consultants, and other vendors; and ensure swift resolution to issues that arise in the construction process. She will also be the primary project liaison for the Ocoee Building Department, Orange County, and any other Authorities Having Jurisdiction. SeaWorld Sesame Street Land Themed Entertainment, Orlando, FL Old Town Entrance Plaza Retail/Restaurant, Kissimmee, FL SeaWorld Infinity Falls Themed Entertainment, Orlando, FL Alchemy Salon Salon/Retail, Orlando, FL Audubon Park Community Market Pop-up Retail Events, Orlando, FL The Farmer & The Larder Restaurant/Retail, Brunswick, GA East End Market Restaurant/Retail/Entertainment, Orlando, FL Owner's Representative - New Ocoee City Hall 8 -0 q-1A# Rosen College of Hospitality Management University of Central Florida CERTIFICATIONS Leadership Management Bluebeam Revu Microsoft Project - Advanced • 8 years C.-"ody Lang Project oor - Cody will support all phases of construction and oversee project documentation and communication. Cody has excellent interpersonal skills and will contribute to positive vendor and client relationships and work with the team on milestone tracking and status updates. PROJECT EXPERIENCE SeaWorld Sesame Street Land Themed Entertainment, Orlando, FL Old Town Entrance Plaza Retail/Restaurant, Kissimmee, FL Kennedy Space Center Attraction Themed Entertainment, Merritt Island, FL Sunrun, Inc. Regional Office Office/Warehouse, Orlando, FL Ronald McDonald House Buildout Hospitality, Orlando, FL Universal's Volcano Bay Themed Entertainment, Orlando, FL Universal's Skull Island: Reign of Kong Themed Entertainment, Orlando, FL U.S'. Open Golf Tournament Hospitality, Shinnecock Hills, NY Walt Disney World Marathons Hospitality, Orlando, FL Owner's Representative - New Ocoee City Hall 9 Howes & Company has successfully completed many commercial construction projects across various industries. We work collaboratively with clients across Central Florida to deliver exceptional projects that enrich! our community, and look to bring that same service to Ocoee with the New City Hall. We are proud to highlight a few of our projects with similar scopes of services on the following pages: • Sesame Street Land • Old Town Entrance Plaza'' • 320 — Key Resort • Sunrun Regional Office and Warehouse • Confidential New Attraction for Kennedy Space Center • Third Floor Buildout for Ronald McDonald House • Corporate Headquarters for SeaWorld • Infinity Falls river raft ride • Corporate Headquarters for Safemark Systems Owner's Representative - New Ocoee City Hall 10 Client SeaWorld Park Entertainment Category Themed Entertainment Howes & Company acted as Owner's Project Manager for new seven acre, highly-themed and interactive realm at SeaWorld Orlando. We were the final decision maker on scope changes for all designers, contractors and vendors. We worked diligently to accelerate project schedule and meet project budget. Owner's Representative - New Ocoee City Hall i Client Jones Lang LaSalle Location Kissimmee, FL Category Retail / Restaurant Howes & Company acts as the Owner's Project Manager to oversee the design and construction of five retail spaces, four restaurants and one iconic fountain. We track the budget, schedule and issue progress reports to stakeholders. Owner's Representative - New Ocoee City Hall Howes & Company acted as Owner's Client Representative and Project Manager for the Confidential preconstruction, permitting and site enabling of this beautiful resort. We managed the RFP process for the selection of the General process Location and facilitated contract Central Florida negotiations with the winning bidder. We also served as primary liaison with the operator, Category for their insight during the design phase. Hospitality Owner's Representative - New Ocoee City Hall 13 Sunrun RegionalOffice and Warehouse Howes & Company acted as the Owner's Client Project Manager for the buildout of 19,000 SF Colliers International of office and warehouse space. We managed the general contractor, low voltage wiring, and Location FF&E vendors. We worked closely with Sunrun's internal teams to coordinate a Orlando, FL seamless move -in. Category Office / Industrial Owner's Representative - New Ocoee City Hall 14 Client Kennedy Space Center Location Merritt Island, FL Category Themed Entertainment Howes & Company acted as the Owner's Representative for a new attraction at the Kennedy Space Center Visitor Complex during concept phase. We managed the RFP process for selection of facility Architecture and Engineering team. Owner's Representative - Nevi Ocoee City Hall 15 Howes & Company acts as the Owner's Representative for a 7,000 SF inside operating facility at Nemours Children's Hospital. We oversaw the contractor bidding and budget development process. We also monitor construction to ensure quality and adherence to schedule. Representative Client SeaWorld Park Entertainment Howes & Company acted as the Owner's Representative for 50,000 SF office building. We managed the RFP process for the selection of general contractor and facilitated negotiations with winning bidder and client's legal counsel. Representative Howes & Company is the Owner's Representative for 425,000 SF tilt -up warehouse. We perform regular due c inspections to monitor construction q and adherence to schedule. Client SeaWorld Parks and Entertainment Category Themed Entertainment Howes & Company acted as the Owner's Representative for a new water raft ride at SeaWorld Orlando. We acted as the interim project manager during schematic design and design development and remained on as a staff extension during the later phases of construction. Owner's Representative - New Ocoee City Hall Safemark Systems Category Office / Warehouse Howes & Company acted as the Owner's Project Manager for 69,000 SF warehouse buildout. We were responsible for tracking budget, schedule and issuing progress reports. the Owner's Representative - New Ocoee City Hall 20 Howes & Company has established positive, lasting relationships with ouril clients. Over the past three years, our team has successfully completed multiple construction projects and continues to work .with many of these clients on additional projec�s and new project referrals. SeaWorld Parks Darlene Walter 619-226-3626 darlene.walter@seaworld.com & Entertainment Jones Lang John Lambert 404-353-4511 john.lambert@am.jll.com LaSalle Dalfen Industrial Sean Wood Sunrun, Inc. Lorena Irving 602-502-7855 swood@dalfen.com 845-269-8055 lorena.irving@sunrun.com "I wanted to take a moment to recognize the owner project management team for all of your hard work, tireless dedication, and kid -focused passion to get the SWO Sesame project done EARLY. Our company, the park, and all of our guests owe you their gratitude." "I still 'reference you as the best Project Manager I ever worked with. Thanks for that!" "Thank you Howes and Company. We really appreciate all''that you guys are doing to accelerate the schedule and io regularly communicate�progress and concerns!" Owner's Representative - New jOcoee City Hall 21 i Howes & Company has worked on 27 projects since i,;nception in 2016 Project scope of services range from individual site inspe'ttions to team selection and bidding, to complete PM services from concept to closeout. Our team is currently wrapping up our largest scale project, Sesame Street Land, and has a number of smaller projects wrapping up over the next few months. SeaWorld Parks Sesame Street 9/1/2017 5/31/2019 Confidential & Entertainment Land Dalfen I-4 Logistics 11/1/2018 5/31/2019 $29M Industrial Center Jones Lang Old Town 6/1/2018 8/31/2019 $4M LaSalle Entrance Plaza Ronald RMH Nemours 3rd 10/1/2018 8/31/2019 $1M McDonald House Floor Charities CREFII EPIC Theater 4/1/2019 11/30/2019 $3M Sitework-Phase 2 Commerce Lakefront Village 4/1/2019 12/31/2019 <$1M National Bank & #6 Trust The company's current workload is outlined below as well as actual and projected hours available to focus on the New Ocoee City Hall beginning in Q3-2019. a�A � Q < 1808 IM-00-10—A 1809 1807 1901 1709 1900 Ocoee Staff Hours Owner's Representative - I ew Ocoee City Hall 22 Turnkey Project Management; Howes & Company will handle several "buckets" of responsibility for the City of Ocoee. We deliver a team approach where each person specializes in a different project need. At a high level, these are: • Design Management - ensure program requirements are met • Preconstruction Support - Provide constructability and biddability reviews • Budget & cost control - Develop master budget and track spending across categories • Sourcing & Buyout - Lead team selection process: Prequalification, RFP management, owner direct purchasing • Scheduling - Create and maintain master project schedule • Construction oversight - Inspect progress and provide a level of Quality Control • Utility Coordination - Manage new service request with utilities, including tracking the extension of their infrastructure as required Owner's Representative - New Ocoee City Hall 23 Master Responsibility Matrix: • One of the first things we do even before ;signing the contract, is to create a master list of all the "Owner tasks" required to deliver the project. Howes & Company has a master list of these items that has been developed over the course of many projects, and as part of a kickoff we go through this master list to see which ones apply to each project. Then once we have this list, we present it to the client for confirmation of who will be responsible for each item. This initiates the process of assigning tasks internally and externally, to make sure nothing gets dropped. Here's an example from a recent project: F.rr*T.,T,:-MSCOPE OF SERVICES H&Co OTHERS N/A communication Serve as primary project ROC for all client departments x Issue weekly update during the construction phase (by CPR) X Issue monthly progress report with snapshot of schedule, bud et risks X Team Selection — Prequal, RFP, contracting No other direct Owner contracts are expected. x Design Team Serve as primary ROC on behalf of client x Review documents for program, constructability, biddability, value x Host owner/operator submittal reviews x Receive requests for Add. Services and make recommendation to Client x Monitor interface with AH) (Rresubmittal, comments, revisions) (b ) x Monitor RFI responses, submittal comments, and ASIs x Ensure design team is meeting all contracted scope responsibilities x Inspect finished work with design team, to create punchlist x - T t Owner's Representative - New Ocoee City Hall 24 1 & COMPANY Internal Task Tracking: ® Once we have identified the tasks, we load that into our Project Planner, organized by "bucket" and responsible party. ® As a Business Premium customer on the Office 365 platform, we have partnered with Microsoft's business consultant team to create this customized tool for tracking tasks on our projects. By using their Microsoft Planner software, we have a detailed record of all open issues on a project, and use that to track baby steps toward completion, and assigned responsible party. Charts Schedule Review change requests, get executed add light poles back into project (were deleted in revl) Q 072 Gabby Lothrop 1 ROM COR16 - Shoney's Ribbon Curbing t2, C016 Prnpo:.a; is+Red Team cs;,- w s? r t t Gabby Lothrop 1 RBM COR11 - Stamped Concrete Increase in Scope :b Draft CCO 07 Gabby Lothrop Membersv. Filter (a) v RFI's & Field Issues to Help Resolve Tenant Coordination RFI #10 for SP-101 Tell Thearon when Shoney's Landlord ;�, R; to work is done - so rent can start Gabby Lothrop Cody Lang RFI a 35 Roof AccessGarage f Bar. Verify Interior Paint Colors RH 935 U r ......,. Cody Lang Jerry Hm%es Route Nathans duct through storage Irrigation for garage bar - reconnect to existing - or tie to main well `" P ., Gabby Lothrop ' Jennifer Bock Garage Bar. Request to change to pair of >7 swinging doors R Owner's Representative - New Ocoee City Hall 25 Team Selection • We understand the primary design build contractor has already been selected. Our services will linclude the onboarding of all the rest of the team of owner -vendors that will be required to deliver this project. This is the team we will be managing on your behalf for the next 13 months. • Potential other parties to manage (to be confirmed with City): • Construction materials testing • Threshold inspection • Network design • Network installation • Security & CCTV • Process • Prequalification • Assemble criteria, scope, bid docs, RFP • Assemble pricing into weighted scorecard • Review procurement approach with client • Interview / followup post receipt • Negotiate contract • Integrate into master schedule Owner's Representative - New Ocoee City Hall 26 Communication: Custom weekly updates — During the construction phase we like to provide a simple summary status that is easy to read, to keep our clients informed on progress and key issues. This is not a large PDF report that has to be printed or studied with lots of detail, but a simple format including pictures that can be easily read directly from the native mail app on any device, with just a few flicks of the thumb. Summary of administrative items F�+, 2y{;3icatiurt3 - TY�e tars[ ure :¢,+�� •.gut+nulled (Apt�'f tuunge -'rae h2Ve nut Ier:eiYE3 P,i0ly. yet 51goage - Wtw ere suticitsny piuposels Irfim cthea vendul`t; iti • In addition to regular business hours, we will also attend any evening meetings such as special community hearings or City Commission meetings, as required to explain status of the project to a broader audience. Owner's Representative - New Ocoee City Hall 27 New Ocoee City Hall key responsibilities: • One of our primary tasks during the rest of the design phase will be to facilitate healthy dialogue between design team and Owner: Help Ocoee get what they want out of the project, including program changes, user input and special requests • Help the Design team get the answers they need in order to make progress and stay on track with out overall project timeline. • As projects get further along in development, it becomes increasingly costly to make changes. We will work hard during these early months to make sure that we get the design right, before it goes to City Commission for final approval. • Integration with other parts of the Downtown by the Lakeshore program: We recognize that City of Ocoee is currently undergoing an aggressive growth period, with multiple capital projects in various stages of concurrent development. We encounter this regularly in our theme park projects, where clients sometimes make decisions about sharing infrastructure, or "future -proofing" and will use that knowledge to help on this project as well. Once of our early tasks will be to identify any such items that relate here and log them in our Planner for ongoing tracking and coordination. For City Hall, these could be stormwater treatment, shared parking lots, central energy plants, funding i availability ...any number of resources that may be shared between projects, we will be sure to integrate them here to be most efficient. Owner's Representative - New Ocoee City Hall 28 Owner Direct Purchases - We expect that the City of Ocoee will take advantage of tax exempt or other purchasing discounts, and we are prepared to, support that effort. This process is one we have handled for several clients both public and private, and we are ready to do that same for Ocoee. We will work with the City's purchasing department to ensure that all Purchase Orders are executed properly, and that the corresponding deductive change order is issued to the Contractor. • Help keep budget in check to what Ocoee has authorized. Sometimes in the course of a construction project difficult decisions must be made, and designers and contractor inherently have differing opinions about how to proceed. Part of our role to the City will be to provide impartial advice about the pros and cons of certain decisions... maybe its best to leave some element out of the project because it can easily be added later. • We use Microsoft Project to maintain the overall project schedule. While the Contractor will publish a detailed schedule of activities for their work, our schedule also includes the many other external issues that are outside their scope of work. All employees at Howes & Company have achieved Advanced level certification in the use of Microsoft Project, which allows us to individually update the master schedule for items we are responsible for. Owner's Representative - New Ocoee City Hall 29 Software Tools: ® There are many moving parts of a construction project and nobody can keep up with all of them alone. At Howes & Company we rely on a standardized system, and a group of tools that keeps individual items from falling through the cracks. All information is stored in its designated place, and reviewed daily and weekly to ensure progress. One of the benefits of having a team approach that Howes & Company offers, is that in a given week if one person is overwhelmed with certain tasks, one of the others can step in and get up to speed based on the information in the software, and the client will never know the difference. Here are the primary tools we use to keep ourselves and your projects organized. Teams Internal chat Screen sharing Dashboard for all projects Bluebeam PDF markups Scaling and takeoffs Notes on layers OneNote Log phone calls, meetings Syncs tasks to Planner Notes template SharePoint Cloud storage Shareable links Remote access Planner Project tasks & buckets Assignments Due dates Project Scheduling Resource and timeline views Published monthly Owner's Representative - New Ocoee City Hall 30 Owner's Representative - New OcoiPe City Mall 31 Receipt of Addenda: ® We acknowledge receipt of the Design Criteria Package on May 6, 2019. ® We acknowledge receipt of Addendum #1 on May 10, 2019. Signed copy is attached. Summary of Litigation: None. Insurance: We have reviewed the insurance requirements outlined in the Request for Qualifications Package and confirmed that they are all within our current coverage limits. Licenses: We are properly licensed to conduct business in the State of Florida. Copies of our business tax receipts for our main office in Orlando and Orange County are attached. Owner's Representative - New jOcoee City Hall 32 RFQ CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subja ct to the provisions of Chapter 112, Florida Statutes, All Proposers must disclose within their Props sal; (lie name of any City of Ocoee employ+ e, Mayor or City Commissioner, other City Official, or City Consultants, who owns assets or capital stuck, directly or indirectlyr, in the Proposers firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this proposal. (indirect ownership or benefit applies to any members of his or her immediate family,) Proposer certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the C iry, In the event that a conflict of interest is identified in the provision of services, Proposer agrees to immediately notify the City in writing, The purpose of this disclosure form is to give the City the information needed to identify potential contlicts of interest for the City Commission, Evaluation Committee members, and other key City employees and consultants involved in the award of this contract. According to Chapter 112, Florida Statutes, the tetra] "conflict of interest" "means a situation in which regard fora private interest tends, to lead to disregard of a public duty or interest", and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of advensely arPcctin¢> an employce's profcssional,jatigment in exercising any City duty or re: ptmsihility in administration, management, instruction, research, or other professional activities. Please check one of the following statements andattach additional documentation if necessary: x To the best of our knowledge, the undersigti]ed #inn has no potential conflict of interest for this Proposal. The undersigned firm, by atlacluilent to this ftarn], submits infortnaation which may be a potential conflict of interest for this Proposal. r ekaaowlcdgcd by., Howes and Company of Florida, LLC Firm Name I t gnatur Gerald Howes - Manager Name sand 'title (Print or Type) -(A-- Date RFQ „19-007 —Owner's Representative for the New Ocoee City Halt 17 OMPANY INFORM-ATIONiSIGNATLIRE siaFT RVO #19-00 FAILURE TO COMPLY WITH THFSF RFQ INSTRUCTIONS WILL RESULT IN DISQuALIFICATION (-)F YOUR QUALIFICATION PACKAUE. PLEASE SIGN BELOW ATTE.STINGTHAT YOU HAVE READ AND UNDERSTAND ALL RFQ INSTRUCTIONS AND THAT YOU UNDERSTAND THAT THE SUCCESSFUL RESPONDENT WILL BEREQUIRED Tip ENTER INTO A LEGALLY BINDING CONTRACT WITHTHE CITY OF OCOEE, Howes and Company of Florida, LLC COMPANY NAME U AEt 6 IZEE D SI ATU anual) AT I eralid Howes - Manaaer NAMLI-ITLE (PLEASE PRI NT) 740 N. Magnolia Ave. STREET ADDRESS Orlando FL 32803 CITY STATE ZIP (407) 462-8646 TELEPHONE (INCLUDE AREA CODE) FAX (INCLUDE AREA CODE) jerrv@howesandcompang.com E-MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFIFFRENT FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: FEDERAL ID# 81-3757428 Individual X Corporation Partnership Other (Specify) !~3 Sworn to and subscribed before me this day of Personally Known or Produced Identification — (Type of Identification) '-7 JENNIFER M FARRELL 'vly COMMISSION 0 FF919a26 E X PIRES September 20, 2019 Notary Public - State of 0 County - 0 /� 'V 0 UW Si- ature of NcTt#�"p';br--- 'Vnn.l I Printed, ityftO 6-lstamped Commissioned name of Nkitmy Public RFQ P 19-007 -Owner's Representative for the New Ocoee City Hall 18 Mayor Rusty Johnson Q". anagQl: Robortrirank May 9, 2019 Commissioners Larry Britt-Aon, Sr, District I Rosemmy Wilsen, District. 2 Riebard Firstner, District 3 George Oliver III, District. 4 ADDENDUM NO. ONE (1) CITY OF OCOEE RFQ 419-007 OWNER'S REPRE SENTATFVE FOR THE NEW OCOEE CITY HALL This addendum shall modify and become as part of the original Rl,'Q documents for Owner's Representative for the New Ocoee City Hall. This addendum consists of sixty-one (61) pages, including the attachments. Respondents shall acknowledge receipt of this Addendtun ifithe get.6vided on this Addendum. Failure to do so may subject the Respondent to disqualification. The date remains the same. Answers to tj nestions received and/or amendments to the Pff Q documents are as follows: Q1. Is it possiblc to receive a copy of the "Design Criteria Package" for the Dc%ignflluild proposal for the City Hall? Al. The Design Criteria Package prepared by Zyscovich Architects has been posted to Dentandstar. However, the final design is currently being revised and will be provided to the successful Respondent of this RI Q. Q. Q2. Haas the selection committee been detcrinined? (By either position or individual person) AZ. There Yvill be a three -member evaluation connikittee to include the Public Worlcs Director, Utilities Director, and Assistant Utilities Director. The evaluation committee mentbers onay be delegated or revised at the City's, discretion. Q3. Is it possi1)l4 to sec the design -build contract? A3. The contract is attached to this Addendurn. Note this contract is for the prc-construction phase and Exhibit A - Design-lluild Atuendinen( has not been executed. Q4. In light of- the fact thatthis is a public project, are there any goals for WE, participation? Enot, could the community benefit fioin including county certified MBEs. on the proposed prqject. (Cain? A4. The City does not currently have :an AME participation program; however, the City encourages all . interesteAl firms, including ME I*trj-ns, to respond to this solicitation. A5. No. Q6. Is the, addendum (Design Criteria Package), intended to be for reference only for Owner Representative services or is the expectation that our response includes Design/Build Services? A6. As requested per this Addendum, a copy of the Design Criteria Package was posted to Demandstar as a reference only. Q7. is them a sj)ccifie foram that we need to acknowledge the receipt of addenduni? A7. Acknowledge receipt of this Addendunt at the bottout of this Addendum andattach to your reponsc., QS� Do we need a completed Vendor ApplicatioiltXV-9 or is that only if and when Nve enter into a contractl? A8. No, required of the successfid Respondent only. Q9, Please provide a copy of Wharton Si ith/Hunton Brady's proposal response, A9. Available on the City's website on Laserfiche at this link hop./Al 1ns.ocoLe,oi%/0MSjf)orV iew,asI)x?id=9S0152&dhid= I & repo=Laserfiche Q 10. PI me provide a copy of Wharton Sinith/Hunton Brady's contract, along with any amendments to date. A10. Attached, see Answer PA3 of this Addendum. QI 1. Please provide minutcs froin any inectings so far between Wharton Sinith/Hunton Brady and City of Ocoee, All. Minutes are not available as audio recordings were taken of the ineethigs for the )UPT evaluation committee interviews with Wharton -Smith on July 9,2018 and October 2,2018, The audio recordings are available via a public records request to the Ocoee City Clerk at ecill Rocage.org, or 407-905-3100 extension 1022, 150 N. Lakeshore Dr., Ocoee, FL 34761, as the City Clerk will provide instructions on the required audio player. Q12. Please confirm that the Owner's Representative will be responsible for managing the development of the siteworkand parking lot (D/B prograin criteria in the provided Addendum stoppvd S' ouLside building footprint) Al2,. At this time, the successful representative will not be r"pojisible for managing work 5 feet outside I the building foot print. I QJ3, Pic= confirm that the, Owner's Representative will be responsible for managing all FF&E. A13. At this time, the successful representative will not be responsible for managing all lite FF&E. Q 14. Please confirm that the Owner's Representative will be responsible for managing the relocation of offices to the new building. Addenduni#1 RFQ19-007 Owner's Representative for the New Ocoee City Hall Page 2 AIA. At this thuc, the successful representative will not be responsible for managing relocation of offices to the new building. I QIS.Pleaso confirm tbatibo Owner's Representative will be responsible for managing security, networking, and any other low voltage that may be required for the project but not included in D/B scope, A15, At this tune, the successful representative will be iv.sponsible for managing this work with a City representative. Q16. Plense confirrn whoa the Owner's Representative will primarily report to within the City of Mom. A16. The City will determine the point of contact prior to award. Bid Solicitation Cbmigg: 1. Complete theattachcd Confidential building and include in Section D.R. Submittals — Firm's Other Forms, Purchasing Agent cc: Evalual ion C-ommittcc attadlttlellf.- contract COA&111181 Di.'C[Mire Agreement All respondents sh.911 acknowledge this addendum in your qualification packstge by completing the section below and including in Section D.D.. Submittals — Firra Is Other Yorms. Respondent; Howes and signatuiv— Name: Gerilta Howes Manager of Flotida, LLC Addenchun#1 RFQ19-007 Ownees Representative for the} New Ocoee City Hall Page 3 Confidential Disclosure Agreement This Agreernent is entered into by and between Howes and ComRmX of Florida. LLC (hemin4fler "Recipient') and the City of Ocoee (hereinafter ;,City'). Recitals WHEREAS City needs to disseminate certain building plans, blueprints, specifications, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a water treatment facility ("design information"), in order for it to be designed and constructed pursuant to RFQ Of 9-007 Owner's Representative for the New Ocoee City Halt (the "project"); and WHEREAS, such design information is exempt from public records disclosure requirements of Florida Statutes Section It 9.07(l) and q. 24(a), Art, I of the Florida State Constitution. This exemption provides that design information made exempt by law may be disclosed to another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities; too. licensed architect, engineer, or contractorwho is perforrniugworlc on or related to it public building or water treatment facility; and that the onfitics or persnus receiving such information shall maintain the exempt status; and WHEREAS the Recipient is willing to receive disclosure ofthe design information pursuant to the terms of this Agreement for the purpose of bidding on the project and/or performing design services; NOW THEREFORI-i., for good and sufficient eronsideration the Recipient agrees as follows: I. The above, Recital-, are acknowledged by the Recipient and are incorporated herein by reference. 2. Recipient agrees that it shall prevent and protect the design information, or any part thereof, from disclosure as a public record and shall not disclose the design information to any person. or entity other than one having a need for disclosure in connection with Recipients authorized use of the design information for the purposes of submitting a response to the bid solicitation. 3. Recipient agrees to take all steps reasonably necessary to protect the secrecy of the design inforniation, and to require all entities or persons rceciving the design information to maintain its exempt status and to prevent the design information from being disclosed as a public record or coming into the pmsession of a person or entity that is not authorized. RrQ 1?19-007 Owner's Representative far the -New Oct)cc City I lall 3. Recipient agrees that all design iuRbrmation shall remain the property of City. All design information and all copies thereofshall be returned to the City not later than thirty (30) days after the bid opening together with a list of all of the names. and addresses of all entities or persons to vvhich the design information has been disclosed; or, in the case, of a designer, not later than thirty (30) days after the project is finally completed. Tl&- Dated this day of 20 RECIPIENT A I A A Aq. L t "I 11i. Title: Manager Howes and Corn paiiy of Florida, LLC Address, 740 N. Magnolia Avenue Orlando, FL 32803 Phone No. (407) 462-8646 Date: r7 --I 2.� - I* t I RFQ 4 19-007 Ovaier's Repi-r-qenta(lve for die Ne%v Ocoee City Ball 1, 1CITY OF -aw-tORLANDO PERMITTIN6 SEWICES Local Business Tax Receipt {Formerly known as "Business License changed per state taw HBI 269-2006) Business Name HOWES AND COMPANY OF FLORIDA LLC 740 N MAGNOLIA AVE ORLANDO, FL 32803 Business Owner 11*11k k1110111fit"li z• geig 0I DifiII1111:11, H01 ILL -THIS TAX RECEIPT ONLY EVIDENCES PAYMENT OF THE LOCAL BUSINESS TAX PURSUANT TO CH.205, FLORIDA STATUTES. IT DOES NOT PERMIT THE HOLDER TO OPERATE IN VIOLATION OF ANY CITY, STATE, OR FEDERAL LAW. CITY PERMITTING MUST BE NOTIFIED OF ANY MATERIAL CHANGE TO THE INFORMATION FOUND HEREIN BELOW. THIS RECEIPT DOES NOT CONSTITUTE AN ENDORSEMENT OR APPROVAL OF THE HOLDER'S SKILL OR COMPETENTCY. Case Number: BUS-0049619 Issued Date: 10/1012018 Expiration Date: 09/3012019 Business type(s): Description Year SERREP 8722 CONSULTANT 2019 I,-- Collector Scoff Randolph Local Business Tax Receipt Orange County; Florida Tills loml Business Tax Receipt is Inaddithn to and not in lieu ofany elfief tax required by law cc municipal oidinance. Businesses ate wbject to regWation of zoning. heafth and ouler lawf0autbonfics, TM receipt is va5d from October I throoghSeptember 30 of receipt yew. Delinquent penalty Is added October I 2018 3110 CONSULTING $3000 TOTAL TAX S3000 PREVIOUSLY PAID V530 00 TOTAL DUE S000 r40 N MAGNOLIA AVE, A - ORLANDO, 32603 PAID $3000 2532-04500486 111.114?20118 EXPIRES 9/3012019 5 EMPLOYEES : P N 3110-1202615 HOWES GERALD HOWES AND COMPANY OF FLOR'DA LLC HOWFSGEBALD 740 N MAGNOLIA AVE ORLANDO FL 32803 This receipt is official when validated by the Tax Collector 2019 ELQE1112A LIMED LIABILITY Q12MEANY ANNUAL BEEM DOCUMENT# Ll 6000164113 i Entity Name: HOWES AND COMPANY OF- FLORIDA, LLC Current Principal Place of Business: /40, N. MAGNOLIA AVENUE ORLANDO, FL 32803 Current Mailing Address: 740 N. MAGNOLIA AVENUE ORLANDO, FL 32803 US FEI Number: 81-3757428 Name and Address of Current Registered Agent: HOWES. GERALD 740 N. MAGNOLIA AVENUE ORLANDO, FL 3280 US FILED Apr 07, 2019 Isim Certificate of Status Desired: No The above named EwVy subrifs t.Wis statement for the purpose of ahwigingks registered oflk-e or reglsraredagarjt, or bolh, in the State otRoj1da- SIGNATURE: Electronic Signature al Registered Agent Authorized Person(s) Detail TAlo MANAGER Name HOWES, GERALD Address 740 N. MAGNOLIA AVENUE City -State -Zip: ORLANDO FL 32,903 Tills MANAGER Name HOWES, ELIZAEIETH Address 740 N, MAGNOLIA AVENUE City-Slale-2ip: ORLANDO FL 32803 Dale r hfiraby rr.,-6fy,!W7! thn anfamwj6p,-1 ir.,7t 1,rp,,l gar, .411iS n-,p'qrtors"'Ap I am �*'; 'oo� I asy pcc�pj to an!: 1-, '71 MY (%%?4*4167 0 1 R.", hive vv 0A I agil? effkx. g A ffmidi pnow I Nir.' jm nqapqhr_r a r wom-Igm 0 1 w C.qwa.iy or I (m qr rn.%.'ar nop;'womd 10 M=A fl I h:, rP,9(W'. A r Mjj.*r.13' by 01,101a. 60 Flbrkl,' a rd Icar r.qp rl.qfn5aw.'--s a tank'6% V-r Q.-I --,I a V-4fli'96y) Iw It" a 1' 0. 1 by Ap oroposvod' SIGNATURE: GERALD HOWES MANAGER 04/0712019 Electronic Signature oll Signing AuthGnzed FersDn(sl, Detail Data � �y t � ,k � V .�� ate_ r�,�,'�. ` Our Commitment 12/ Personal touch - Your project will be led by an experienced business owner, with a proven history of saving money and time. 12// Attitude is everything Our positive energy creates an efficient working dialogue with you, and will bring out the best in your vendors. r�/ Great timing - This will be THE most important L2 I project in our company for the next year and a half, and will always get our focused attention. Oversee Construction => ocoee Statement of Qualifications OWNER'S SEA µA V- NEW CITY HALL City of Ocoee PMA Consultants 4901 Vineland Road, Suite 330, Orlando, FL 32811 Tel: 321.418.8187 - Fax: 407.351.7036 May 14, 2019 Ms. Joyce Tolbert, CPPB City of Ocoee Finance Department 150 N. Lakeshore Drive Ocoee, Florida 34761 OWNER'S REPRESENTATIVE SERVICES FOR OCOEE'S NEW C►TYHALL Dear Ms. Tolbert, PMA Consultants, LLC (PMA) recognizes the significance of the City of Ocoee's design and construction of a new City Hall. This new building will immediately inherit the symbolic function as not only the City's center of power but a gathering place for equanimity and forward thinking. As Owner's Representatives (ORs), supporting your project vision is our goal and are convinced that it is a critical element to achieving successful project delivery. PMA thanks you for the opportunity to respond to the Request for Qualifications (RFQ) #19-007 and are excited for a chance to showcase our expertise in service to the City and become active contributors in building such an important landmark. Owner's Project Management Experience Founded in 1971 as a certified Minority Business Enterprise (MBE), PMA is proud to be a nationally recognized project management firm ranked this year as #37 in Program Management by Engineering News -Record (ENR). We currently provide our OR services to numerous public and private clients and just received our 11th Construction Management Association of America (CMAA) award for successful execution of quality projects on time and within or under budget. Our project experience spans a diversity of project sizes, scopes, complexities and industries. It is our mission to stand by Owners from start to finish, collaborate and solve problems with the utmost transparency, advocate for your best interests between involved parties, always, and pro -actively manage processes to meet your goals. PMA is a certified Minority Business Enterprise, but we understand that the City of Ocoee encourages maximizing opportunities for smaller businesses of diverse background and financial situations. PMA is extremely proud to have been named "Advocate of the Year" in 2008 by the Greater Orlando Aviation Authority. The best testament to our commitment is that, as a company, we consistently allocate part of our services awards with MWBE/LDB/DBE sub -consultants. Again, in PMA's firm commitment, our plan will remain the same in that we will engage our partners and reach out to new ones to ensure that best suited participation is achieved. Understanding the Modern City Hail City Halls have a symbolic function as the seat of government and, in most cities, are widely seen as the center of power where one migrates to for equanimity. City Halls should not exist simply as places where City business is conducted but as places that serve as beacons in the community. We recognize that the City of Ocoee's new City Hall will be moved to the city -owned property by Buford Avenue and McKey Street and will provide that sought connection to private commercial activity and residential spaces in the downtown area. The new City Hall will also consolidate scattered City staff at one central location for operational cohesiveness and increased efficiency. Our past OR services 'experience around design/build environments has readied us to anticipate the logistical needs and to assist in the development of detail plans to monitor and mitigate construction impacts on staff and the neighboring entities. 1 1 Statement of Qualifications I PMA Consultants, LLC I pmaconsultants.com Our firm has provided numerous OR services in Central Florida since 1985. We have successfully served other cities and towns that have undertaken similar construction efforts. A small sampling of our work includes 18 years of OR services at the Orlando International Airport, long term contract with the Sanford Burnham Prebys Medical Discovery Institute (SBP) at Lake Nona, the Orange County Corrections Facility, the John E. Polk Correctional Facility in Seminole County, the Orange County Sheriff's Complex, the Tohopekaliga Water Authority Administration Building in Kissimmee as well as the multiple municipal projects nationally like the Bruce C. Bolling Municipal Building in Boston and the North Andover Town Hall in Massachusetts. A Collaborative & Qualified Tea The City of Ocoee's new City Hall Project deserves the best, most qualified project team that PMA can offer. Recognizing this, we have handpicked our proposed team to specifically meet your needs on this project, leveraging our experience as dedicated OR's collaboratively managing other public municipal buildings, relocation of operations, and complex and often logistically -challenging projects and more. I, Richard Johnson, along with the on -site Senior Project Manager and main point -of -contact, Doug Campbell, have the experience and are ready to lead this effort today. A supporting project management team including a Scheduler, a full-time Assistant Project Manager/Cost Estimator, a Field Supervisor and Inspectors is also readily available to assist on the required OR efforts. We have learned and by now internalized that a strong, transparent and collaborative relationship between the OR, the designer, the contractor and the Owner is essential in bringing any project successfully to the finish line. PMA is known for focusing on building strong and lasting relationships with our Owners. In closing, we are ready to support your vision of keeping Ocoee as the "Center of Good Living". I certify the minimum criteria are met and that I have the authority to sign this proposal. Please feel free to contact me directly with any questions you may have regarding our submission. I can be reached at rjohnson@ pmaconsultants.com or 321-418-8187. Thank you for considering PMA Consultants and we look forward to this opportunity to work with the City of Ocoee. Sincerely, AUTHORIZED REPRESENTATIVE(S) Organization Name: PMA Consultants LLC Contact Name: Richard Johnson, PE, BCEE, CVS-Life Title: Managing Director Contact Phone: 321.418.8187 Contact Email: rjohnson@pmaconsultants.com Physical Address Operations & Administration: 4901 Vineland Road, Suite 330, Orlando, FL 32811 Physical Address Corporate: 226 W. Liberty Street, Ann Arbor, MI 48104 2 1 Statement of Qualifications PMA Consultants, LLC I pmaconsultants.com New City Hall Owner's Representative Services 1. Expertise on Requested Services _.. . 11. Past Performance and Experience of Project Team Ill. Current and Projected Workload ......... .............. . IV. Required Forms Conflict of Interest Disclosure Form Confidential Disclosure Agreement Company Information/Signature Sheet Addenda #1 Summary of Litigation Pages 3-10 Pages 11-28 Pages 29 Introduction PMA' philosophy is based on developing long-term relationships with our clients. We pride ourselves on being a "trusted advisor" who can develop the overall strategy to deliver projects from conceptto completion. We strive to successfully deliver projects through integrity, leadership, and transparency, while fostering a collaborative atmosphere for team building and pro -active problem solving, to reduce clients' stress, risk, and uncertainty. As the Owner's agent we take our responsibility and privilege of communicating and relaying the Owner's decision in a clear, direct and timely manner seriously. PMA has extensive experience managing public projects from city commission meeting approval and public bidding through construction, close-out and turnover, and is one of the most successful project management firms in the nation as demonstrated by our high repeat client percentage and national ranking. As a full -service owner's representative services management firm, PMA can provide the complete spectrum of services required for the new City Hall Project. PMA's approach is to be "firm but fair" and to work to be ahead of the issues that arise on a project. Given our collective experience with designers, general contractors and construction managers, as well as public entities, we possess a clear understanding of what makes a project successful. Communication and experience are fundamental to a project's success. The timely sharing of information at all levels, making decisions when needed and working in a firm but fair manner ensures a successful project. PMA has an outstanding, positive working relationship with owners which enables us to work together to address owner -specific concerns, scopes, and issues in a timely manner. On this exciting endeavor, PMA has teamed up with Universal Engineering Sciences, Inc• (Universal) to provide the professional project inspection services required. Universal Engineering is no stranger to the inspection services arena. In fact, Universal is a consulting engineering firm specializing in geotechnical engineering, environmental sciences, construction materials testing, and threshold inspection. A growing, competitive firm with a strong position and reputation in our industry and are always looking for ways to provide enhanced services. Universal has recently added some new service areas, including private provider inspection (PPI), plan review and geophysical engineering to their already wide range of construction related services. Universal's mission is to do "Whatever It Takes" to provide services with a primary focus on understanding and delivering solutions for each individual client's needs, be that timeliness, cost saving recommendations, ingenuity or any other requirement they may have. From its headquarters in Orlando, Florida, Universal operates a nearly 800 person engineering firm with 18 offices strategically located throughout Florida, Georgia and South Carolina. 3 1 Statement of Qualifications PMA Consultants, LLC I pmaconsultants.com PMA's Project -Specific Approach Design and Pre -Construction Phase Owner's Requirements: Understanding that the City of Ocoee has awarded the design -build contract to the team of Wharton -Smith, Inc. and Hunton Brady Architects, PMA will focus on actively participating in all remaining design and planning meetings to learn how the City's and end users' concerns are being addressed. Should any concerns remain open, PMA will track resolution of these issues over time, starting with the issuance of the first subcontractor's tendering package, and ending with the conformed set of construction documents. The proposed PMA oversight minimizes the chances that any open issue will "fall through the cracks". PMA is well -versed in leading project teams through the essential technical design reviews to ensure that contract and construction documents are aligned for efficient execution of the work. Dierentiator: As a premier owner's representative services provider, PMA is always striving to develop and improve its services in the ever changing and evolving construction industry. One of our proud innovative differentiators is our NetPoint ® Graphical Planning & Scheduling software. PMA has created its own proprietary scheduling software that utilizes a new schedule standard called GPM (Graphical Path Method) that is making major inroads into the construction industry. This software is user friendly and makes a great planning and communication tool for succinctly sharing milestones and project planning data. Contract Management: Construction processes and contracts are often complex. PMA provides comprehensive oversight to make sure the project is constructed according to plans, budget, schedule and specifications. Our focus is one that leverages our varied background in claims, program management and scheduling to help author, negotiate, administer, interpret and manage contracts that strike the right balance of collaboration and risk management, while bringing the project to the finish line on time and within budget. Budget and Cost Planning: From a budget and cost planning perspective, at the onset of any project, PMA will coordinate with the City to establish the Total Project Cost (TPC) to set a realistic budget and manage expectations as the project evolves. The TPC includes hard and soft costs as appropriate and is built through collaborative iterations with the City. Each line item in the TPC represents a known or probable cost exposure based on the project type, PMA's experience and the City's input. Another service that PMA can provide is Life Cycle Costing. Detailed life -cycle costing is an effort performed by engineers so that the City can understand future operating costs. PMA coordinates this effort and will work to ensure the scope is adequately addressed so the City has all information needed to make future budgeting/operational decisions. Value Engineering (VE) should also be instituted very early in the project to verify major construction components are either 4 1 Statement of Qualifications PMA Consultants, LLC I pmaconsultants.com constructed or procured at the lowest capital or lifecycle costs while ensuring design intent and quality. In some cases, PMA may suggest alternates so that the City has the option of deleting them from the scope depending on the actual bid results. Permits Expediting: A crucial hurdle to prepare for and overcome is proper authorization to begin onsite activities. In close coordination with the design/build team and as the City's agent, PMA will take on the responsibility of leading the permit application process, closely monitor progress and assist in expedient issuance notification of issued permits to minimize "false starts" on the project. Construction Phase Successful projects begin when proper planning and procedures are implemented in a systematic way with the goal of achieving predetermined objectives. The project management plan relies on robust project control processes that monitor the work and identify whether the work is proceeding according to plan. To make that determination, project controls personnel assess the data and determine actions that should be taken to prevent or correct problems or issues. Project controls work involves performance reporting, scope verification, cost and schedule control, quality control, integrated change control, scope change control, and risk monitoring and control. Project controls is a PMA core competency and we have established our firm as a leader in cost and schedule controls. PMA's expertise in project controls can assist in creating and administering the master schedule and budget and implement the procedures, processes, and tools necessary to achieve the City's goals and objectives. We have highlighted some of our proven tools and processes below. Master Project Scheduling: PMA will work with City, the design/build team and other stakeholders in the development/ establishment of the baseline master schedule for the project and will manage each phase to meet the expectations set. At early stages of the projects, PMA typically will conduct interactive planning sessions with all the team members to define the overall durations and relationships of each phase of the project, develop the project work breakdown structure (WBS), identify potential risks and opportunities affecting the schedule and budget, establish realistic goals and expectations, as well as help the Project Team evaluate what -if scenarios and assist in the decision -making process. Once the project master schedule is established, PMA will continue to collaboratively work in the development of detailed work level schedules in accordance with timeframes established in the baseline master schedule. Also, through the life of the project, PMA will continue to work with the stakeholders to actively manage the schedule, budget risks and opportunities to improve the performance (safety, quality, schedule and/or budget) and minimize impacts to the project. 5 1 Statement of Qualifications PMA Consultants, LLC I pmaconsultants.com Budget and Cost Management: PMA manages its Total Project Cost (TPC) akin to a balanced accounting ledger sheet. Using several tracking tools such as cash flow analyses, manpower tracking, and budget reviews PMA can forecast potential budgetary issues, and take steps for avoidance, before they become problems. We also track pending exposure for items such as pending change orders, so we can always provide the City with the most up to date financial picture for the project and discuss the current cash position versus the current exposed or encumbered cash position. This leads to better planning and smarter decisions. PMA fully understands its fiduciary responsibility and that as the City's agent, PMA will be authorized to responsibly allocate project contingency funds but will always confirm the City's direction on contingency drawdowns. In addition, PMA recognizes the limitation in that only the City will have full authority on additions that increase the project's budget or contract amount. Cash Flow Tracking and Analysis: Resource loading the construction baseline schedule will provide a significant cost data basis whereby each monthly invoice can then be tracked against the original plan to evaluate performance on a cost basis. If the construction schedule does not contain cost load information, PMA will still work with the design/build team and subcontractors on cash flow updates and projections, at least monthly. Through comprehensive spreadsheets and graphs the cash flow can be analyzed by PMA to ensure that the expectations are being met or exceeded from this perspective. Should the project's established cash flow targets be grossly missed, early detection/remediation and troubleshooting ideas on how to adjust the project flow to keep billings on track to ensure a timely completion will be highlighted by PMA. Coordination of the Work: The onsite presence of experienced professionals focused on fostering partnerships is key to smooth coordination of the Work. PMA relies on its high -caliber project managers to provide leadership and to create a collaborative atmosphere. PMA is familiar with the requirements for effective coordination of several consultants, contractors and internal and external stakeholders that have vested interests in a project. Our team's focus will always remain clear, ensure that the project progresses as planned but keep ourstakeholders informed through professional and clear communications whether in written form or in face-to-face meetings. Included in the coordination and management of the work is the management of subcontracted work by the City for security systems, networking and low voltage scope of work often subcontracted to preferred and certified vendors to the Owner. 6 1 Statement of Qualifications PMA Consultants, LLC I pmaconsultants.com Directives: PMA will take the lead in drafting, reviewing, finalizing and issuing, on behalf of the City, memoranda, letters or reports informing respective parties of the City's decision. These will include but are not limited to drafting and issuing authorized Notices to Proceed, and Notices of Project Substantial and Final Completions. It is important to note that PMA will work with the City to ensure that these directives are issued on a timely manner to ensure compliance with applicable contractual constraints. Documentation Control: PMA has successfully processed and controlled project documentation in numerous public and private projects in varying size and complexity. Not only is PMA keenly aware of the speed at which a design/build project moves and the need to stay on top of various documentation revisions over the course of a project, but also of the importance of easily accessible project information. In discussions with the design/build team and the City, PMA will look to either assimilate with established documentation control processes and systems or lead the efforts in evaluating and implementing a process and system suitable for the project. PMA continues to look for new ways to streamline data management and make electronic files easy for all stakeholders to share and have project information readily available. Request for Information (RFI): Monitoring the timeliness of the designer's response to RFI's is essential in project progress and PMA will actively participate in the process. As RFI's are submitted and answered the information is inputted into the selected project management database which then compares the durations to the contractual obligations. Failure to consistently meet these durations can mean the team responsible for the design is under -staffed or the drawings are vastly incomplete. Furthermore, delays in responses to RFI's can threaten the overall construction schedule as the contractor is constantly waiting on direction from the designers which in turns hold up the progress on the construction site. With effective review and monitoring our team can detect trending problems with RFI's and collaborate with the team to first identify the source of the delay and then implement a corrective action plan. Submittal Tracking and Analysis: Similar to RFI tracking and analysis, submittal tracking is equally important to a successful construction project. Although it is not always viewed as a critical component to success, timely reviews and responses ensure that construction in the field can progress as planned without contractors waiting for submittal approval, which can hold up their work as well as subsequent follow-on trades and activities. This team has developed submittal logs which are used to track and monitor all required submittals per the contract specifications. Conformance Inspections: Understanding our role as the City's agent, as needed, PMA will take assertive actions during the construction phase to ensure a safe environment for all involved and to ensure a high -quality product delivery. PMA will see to it that pre -install coordination meetings are held in advance of each major construction task (concrete placement, 7 1 Statement of Qualifications PMA Consultants, LLC I pmaconsultants.com interior layout and coordination, HVAC electrical and plumbing). PMA will lead joint efforts to monitor contractor quality, expeditiously address issues, and work closely with the City. The assigned onsite OR personnel, seasoned in construction, will monitor, observe and report on the daily site activities. PMA will work with contractors to resolve field issues and quality discrepancies, while fairly and firmly administering the contract. PMA will not hesitate to issue Stop Work Orders when prior direction on defective or non -compliant work is not being addressed timely. In addition, any observed possible violations to Codes or Applicable Regulations will trigger formal notification to ensure prompt reaction by the contractor. PMA has teamed with Universal Engineering to provide well-rounded Inspection Services to ensure that any work that deviates from the approved construction documents is highlighted for prompt resolution with the appropriate parties. If field investigation services are required, PMA stands ready to leverage its industry relationships with experienced subconsultants in the field to bring that expertise to bear. Daily and Monthly Reporting: Through the on -site presence, PMA can provide the City with a detailed account of the construction progress daily. Typical components of the daily report are weather, manpower, major construction equipment utilized, issues/observations, and specific scopes of work that each subcontractor worked on for that day. Another component of the daily reporting is photo documentation which not only documents progress but can also be used to resolve disputes later, should these arise. In addition to daily progress reporting, PMA often provides clients with high-level monthly status reports which include updates on construction progress, cash flow, change order status, schedule success and assessment, manpower analysis, etc. Our past clients appreciate the convenience of being able to pick up a short, but informative, document to get a general sense of the status of the project. The highest level of professionalism will be the standard on our means of communications understanding that these communications are subject to disclosure under the State's public records laws. Change Order Review and Approval: PMA understands the importance of properly approving additional scopes of work for the contractors to perform. Regardless of the genesis (design change, constructability issue, City's request, etc.) all additional costs must be analyzed for merit and impact to the construction schedule. We will review in detail, negotiate as many times as necessary, or reject any proposed charges without merit and continuously save guard project contingencies allocated. With PMA's vast experience in the construction industry we can call on numerous resources to assist in analyzing the validity of labor and materials costs presented in proposals from the contractor. This experience is also called upon when PMA and the contractor do not completely agree on costs and a negotiation is necessary to resolve the proposal and not delay the work. PMA prefers to utilize a claims avoidance mentality in all its work, by which we structure correspondence and responsibilities to limit the City's exposure and liability. 8 1 Statement of Qualifications I PMA Consultants, LLC I pmaconsultants.com Contractor Payment Application Review and Approval: As an agent of the City, PMA will thoroughly review and comment on the entire monthly payment requisition submitted by the contractor. On large projects this can mean a monthly requisition in excess of millions of dollars. On the established cut-off day of the month PMA will take the draft of the contractor's requisition and walk the project site to compare the billings against the actual progress. In attendance for this review are the architect and contractor, so that any discrepancies can jointly be observed and negotiated collectively as a team. Commissioning Agent Oversight: PMA oversees the work of the Commissioning Agent (Cx) similarly to that of the design/build team. PMA will assist in the authorship of the commissioning contract and will be an active participant in the commissioning process to ensure that MEP startup, commissioning and building controls integration occur to suit the City's needs. This includes attending commissioning meetings and assisting in coordinating disparate parties to provide knowledge and materials to ensure each phase goes as planned. PMA will also assist in the planning and scheduling of commissioning activities as they relate to the master project schedule. Owner Purchase Planning and End User Assistance: The best time to start planning for Owner occupancy is at the beginning of the project, but the majority of the work for this phase of work will be planned in detail during construction. While PMA will not be required to manage the City's FF&E scope of work, we propose to take an early and active role in working with the Owner to assign this responsibility to another party and can help the Owner procure this Installation Manager. Close Out phase Approach Punch -list Completion: PMA will work with the design/build and the contractor(s) to coordinate the requirements, sequencing and lines of communication for punch list completion. This involves a thorough review of the contracts and specifications with all parties as well as coordination of a schedule of reviews and necessary meetings to hold each team member accountable for reviews and corrective work in a timely fashion. The commissioning agent will also be included as they will be generating commissioning -related corrective action items, which will typically be incorporated into the punch list. Outstanding Changes Orders/Claims Settled: Utilizing our extensive claims background PMA will workwith the design/ build team and the contractors to focus on any outstanding claims or change orders to find an equitable solution for all parties. It is PMA's experience that the timeliness of responses is important to resolving these types of disagreements and we always endeavor to keep the lines of communication open to ensure discussions don't stall. With our claims background we prefer to take a "claims avoidance" mentality as a pro -active approach to minimizing the amount of claims on a project. Another key to finalizing resolution is to foster team collaboration. In our experience, the Owner must always endeavor to maintain a collaborative relationship with the designer and CM and not overuse the "power of position". PMA balances the requirements of the contract, with the need for teamwork to close issues out on a timely basis and to mitigate lasting delays to a project. Close Out Documentation Submission: PMA will work to ensure that all parties are following the terms and conditions of the contract documents with respect to the submission of as -built drawings, Operation and Maintenance Manuals (0&M's), final change orders, lien waivers, etc. Closeout documents may also be submitted electronically as part of a Building Information Model (BIM) deliverable and this team has experience assisting the development of these requirements with the CM and designer. It is common for many organizations to forget or even ignore the last part of a project's life -cycle. We believe that as important as starting a new project is, closing out and having lessons learned discussions isjust as important, if not more so. In implementing these types of discussions, organizations have a higher success rate because corrective actions are set in place and mistakes can easily be fixed before the next project begins. In some ways, the closeout of any project is the most important because it deals with the delivery of the final product. By reviewing the completion of work by the contractor and observing inspections, we will ensure that the project is in fact 100% complete and in line with the contract documents. This will be checked on an as needed basis, including at Substantial Completion. As the project comes to completion, consequently all payments and work should be completed as well. The team will therefore review and report to the Owner on the financial closeout of the construction contracts. We will also coordinate and review submittals of closeout documents such as as -built record drawings, 0&M's, and warranties. 10 1 Statement of Qualifications PMA Consultants, LLC I pmaconsultants.com ORANGE COUNTY SHERIFF'S COMPLEX Orlando, FL 1 $11M Owner's Representative PMA assisted the Owner's Project Manager by providing scheduling, estimating and owner's representative services for the Orange County Sheriff's Complex. The scope of the project involved renovation of a two-story, 185,000-SF former department store into a complex to house the Orange County Sheriff and staff, forensics, supply, investigations (CID), patrol, a fitness facility, credit union and break/dining areas. GOAA ANNEX ADMIN BUILDING Orlando, FL 1 $11M Owner's Representative PMA served as the owner's authorized representative for the design -build team from the design phase through construction of a $60,000,000, 54,000-SF Office Annex administration building that housed GOAA Planning, Engineering, and Financial Administration personnel and an associated parking lot expansion and improvements. ORANGE COUNTY CORRECTIONAL FACILITY Orlando, FL I $115m Owner's Representative Provided Owner's Representative services for the $115 million expansion. The expansion plan called for a 650- bed Housing unit to be provided as quickly as possible in Phase I. This requirement for speedy delivery led the County to select Design/Build for delivery of the 650-bed Housing facilityand new parking lot. In addition tothe new housing units a new Intake/Release Facility and a Medical/ Mental Health Facility were planned for construction in Phase II as well as an off -site Video Visitation Center. GOAA NORTH TERMINAL CAPITAL PROGRAMS Orlando, FL 1 $100M Owner's Representative OAR project manager coordinating the demolition and reconstruction of the OIA's landside retail and food court service facilities. This multi -phased program systematically demolished and rebuilt the food court and over 80 retail stores (a total of 320,000-SF) while simultaneously replacing and upgrading the finishes in the public retail corridor areas. 11 1 Statement of Qualifications PMA Consultants, LLC I pmaconsultants.com GOAAAIRSIDE4 STERILE CORRIDORMOLDING O • INTERNATIONAL ,1.•. PASSENGERS #r1ando, Owner's Representative Airside 4 improvements to increase international passenger processing capabilities, which will include 4 new international gates and the expansion of the FIS. International traffic continues to grow at MCO and currently makes up approximately 11 percent of overall airport passenger totals with 4M international arrivals. TOHO WATER ADMIN BUILDING Kissimmee, FL 1 $13M Owner's Representative i During this $13M project, PMA ensured that the project achieved LEED-Gold certification using strategies that accomplished every water efficiency credit and three innovation in design credits. We worked with the CM@Risk to achieve maximum points such as storage and collection of recyclable, material reuse, recycled content & construction indoor air quality management. Orlando, FL I $1.3B Threshold Inspection The Intermodal Terminal Facility is the first stage of a new South Airport Complex at OIA. The 500,000-SF facility consists of a dual -platform, 4-track passenger rail system, an automated people mover (APM) connecting the South and North Terminals, and accommodations to accept future commuter rail, including All Aboard Florida, and light rail modes. The Intermodal Terminal Facility is connected via SkyBridge to a new 2,400 car garage, with designed expansion capability of reaching 5,000 cars.. UES's primary scope of work is threshold inspection which is being performed throughout the entire construction phase. ARLINGTON POLICE HEADQUARTERS Arlington, MA J $8.1 M Owner's Representative This $8.1 million project involved a two-phase interior gut/renovation of the existing 36,000-SF police station to meet the current and future department needs, including a renovated cell block area, administrative offices for the entire department, a booking area, locker rooms, and a fitness room. The E-911 room remained fully functional through the construction duration. 12 1 Statement of Qualifications PMA Consultants, LLC ( pmaconsultants.com BRUCE C. BOLLING MUNICIPAL BUILDING Boston, MA 1 $126M Owner's Representative This $126 million CMAA and ENR award -winning project is part of the Dudley Square vision and involves incorporating three historic facades into a new high-rise office/retail complex to serve as the new Boston Public School headquarters on the site of the historic Ferdinand's Furniture Building. The complete facility is LEED-Gold Certified and includes a 214,000-SF eight -story high rise, a small underground parking facility, and five green roofs. UXBRIDGE FIRE STATION HEADQUARTERS Boston, MA 1 $7M Owner's Representative This $7 million, 21,000-SF project involves the construction of a new state-of-the-art facility. Upon completion of the new headquarters, the existing fire station will be demolished and a municipal parking area will be constructed on that site. POLICE HEADQUARTERS & DPW FACILITIES Weston, MA 1$11.3M AND $12m Owner's Representative The $11.3 million design -bid -build police headquarters project is comprised of demolition of an existing police station and new construction of an approximately 20,000-SF police headquarters on the same site. Scope also included building envelope repairs to the town's old library. The $12 million CMAA-award-winning Department of Public Works (DPW) facility project includes demolition of an existing 1950s building and construction of a new 41,000-SF facility to include space for multiple departments. The project was designed to meet LEED-certified standards. NORTH ANDOVER TOWN HALL North Andover, MA, I $3.6m Owner's Representative This project includes building a three-story, 4,300-SF addition; renovating and reconfiguring a 10,000-SF existing layout; connecting the Town Hall to adjoining fire station and senior center buildings; replacing all building systems; abating all hazardous materials; conforming the existing building to current codes; repairing the building envelope; removing architectural barriers; and adding an elevator to serve the connected buildings. 13 1 Statement of Qualifications PMA Consultants, LLC I pmaconsultants.com PMA UNIVERSAL 14 1 Statement of Qualifications I PMA Consultants, LLC I pmaconsultants.com ., DOUG CAMPBELL CGC, PMP, LEED AP om PMA Consultants SENIOR PROJECTMAIVAGER Years' Experience: 34 — With PMA:19 Mr. Campbell has professional construction and government service experience which includes a decade of general contracting experience in boots -on -the -ground bid -build environment and over fourteen years of managing construction projects from the owner's side. He has extensive experience in heavy civil construction, aviation, schools and theme park construction. Mr. Campbell has wide-ranging skills in project management, construction engineering, estimating, cost controls, procurement, and scheduling. Duties included scheduling, estimating, surveying, change order management, quality control and subcontractor management. Mr. Campbell also spent two years working inthe SCand S. Florida construction markets as an assistant project manager, estimator and scheduler in light commercial and multi -family construction sectors. He served as an officer in the US Navy for 6 years prior to graduate school. Mr. Campbell is a State Certified General Contractor (CGC) in Florida, Project Management Professional (PMP) certification from the Project Management Institute and LEED-AP BD&C from the Green Building Institute and a commercial - rated aviator. Greater Orlando Aviation Authority (OAA), Orlando International Airport Continuing Program & Project Management, Orlando, FL — From 2001-2018, the Greater Orlando Aviation Authority (GOAA) retained PMA to provide program management and owner's authorized representative services for major construction and refurbishment projects at Orlando International Airport (OIA), including support to the authority on all claims submitted by contractors on assigned projects. As Owner Authorized Representative (OAR) ProjectManager, Mr. Campbell managed theentire contract process including pre -construction meetings, coordination between the designer, contractor and shareholders, which was an extensive list of airlines, concessionaires, hotels, rent a -cars and airport operations and maintenance. Mr. Campbell estimated changes, processed the change orders, and presented them to GOAA's Construction Committee. All changes, modifications, pay applications, and outage notifications are also approved and processed through the OAR. He conducted coordination meetings, acceptance inspections, and documentation. Depending on the size and complexity of the project, he managed a team of specialty inspectors, assistant project managers, and administrative support. Acting as an extension of staff, Mr. Campbell managed hundreds of projects in the program, including the following programs: • Tenant Build Out & Concession Renovations, Orlando, FL —Mr. Campbell served as OAR project manager and coordinated the demolition and reconstruction of the OIA's landside retail and food court service facilities. This multi - phased program systematically demolished and rebuild the food court and over 80 retail stores (a total of 320,000 SF) 15 1 Statement of Qualifications PMA Consultants, LLC ( pmoconsultants.com PMA Consultants I while simultaneously replacing and upgrading the finishes in the public retail corridor areas. Two large skylights where installed, over $500,000 in etched glass art was set in place, a large salt water aquarium and coral reef installed and a multi -color LED lighting system to provide holiday and seasonal variation to the food court dining area. Airside 1 Renovation and Hurricane Rehabilitation Project, Orlando, FL — Mr. Campbell was the Senior Project Manager for the Airside 1 Renovation and Hurricane Rehabilitation project. This 3-year and $90M dollar project replaced the electrical and mechanical infrastructure for OIA's oldest airside terminal and added 25,000 SF of retail and restaurant facilities without impacting airport operations. New wing and hub skylights, limestone flooring and high impact wall panels improved this 30-year old building. ® Annex Administration Building, Orlando, FL — Mr. Campbell worked as an extension of staff as the Authority's Senior Project Manager. In addition to numerous small expansion projects he managed, hewas also responsible for overseeing the design -build team from the design phasethrough construction of a 54,000 SF Office Annex administration building and associated parking lot additions and renovations. ® Hyatt Hotel Renovations at Orlando International Airport, Orlando, FL — The hotel is located in the airports' main terminal and the scope included the renovation of 445 guest rooms, corridors, and McCoy's restaurant. On the restaurant renovation project, Mr. Campbell worked as the field inspector and construction manager for a GOAA project manager. The aggressive schedule and need for quick field direction required someone full time in the field who could make these decisions and control the costs for this high end restaurant. Other projects within the Hyatt included a cold water pipe replacement, smoke control improvements, and public restroom renovations. As the OAR project manager, Mr. Campbell coordinated and managed the successful completion of these projects in a very aggressive time frame. Orange County Sheriff's Complex, Orlando, FL- The scope of this project involved renovation of a two-story, 185,000 SF former department store into a complexthat houses staff, forensics, supply, investigations (CID), patrol, a fitness facility, credit union, and break/dining areas. Construction was phased to accommodate relocations, demolition, and new construction. The first priority was to relocate the county's vehicle maintenance facility. The next phase was a 120,000 SF of office, storage, and laboratory space as well as closing in the shell, installing the emergency generator, and improving the egress, parking and site areas. Mr. Campbell served as Project Manager providing scheduling, estimating and owner's representative services. OCU Water/Wastewater CIP 2014-2019, Eastern Field Operations Center, Orlando, FL - The Orange County Utilities (OCU) $800 million capital improvement program (CIP) includes developing long-term plans for solid waste, water/wastewater, and reclaimed water infrastructure improvements within OCU service areas. The program includes major elements such as planning studies, capital improvement program management, utility management, operational assistance, hydraulic modeling, and other program management services. Projects in this CIP are needed to accommodate growth; expand, modernize, and improve existing facilities; and renew and replace aging facilities. Mr. Campbell led the construction cost estimating team to develop preparing a Class 3 Engineer's Opinion of Probable Cost of Construction (EOPCC). The EOPCC will also include all costs OCU would incur including services rendered by the A/E firm (including traffic study, wetland delineation, T&E species studies, site work related permits, site work design, building design and building construction related permits, and costs associated with construction). 16 1 Statement of Qualifications PMA Consultants, LLC I pmaconsultants.com JOHN PHIL RICK, PE, PIMP, CCE Sg i -XILE . Years' Experience: 37— With PMA:19 Mr. John Philbrick has extensive experience in project management for water/ wastewater, roadways, infrastructure, airports, architectural, manufacturing/ process, and theme park projects in southern and eastern United States. John is a Master Scheduler, as an Authorized Trainer of Oracle/Primavera P6 Project Professional and EPPM. He implemented and integrated a portfolio of 450 projects for a $1 billion per year Capital Improvement Program. Mr. Philbrick has provided scheduling on major public projects in the preparation and maintenance of master program and project schedules. In most cases, these schedules have been both resource and cost -loaded. Mr. Philbrick has also evaluated contractor schedules to ensure that all submitted schedules adhere to contract requirements, identifying contractor deficiencies in schedule logic and working with the contractors until the schedule can be judged acceptable. He reviews all contractor requests for contract time extension and negotiates appropriate change orders dealing with contract time. He has significant expertise in project controls, project scheduling, schedule development, implementation of P6 scheduling software, training, cost estimating, cost controls, and claims analysis. Mr. Philbrick is a member of the National Academy of Forensic Engineers, which is the affinity group of the National Society of Professional Engineers. Mr. Philbrick has providing Primavera Scheduling Software training classes to our clients in the construction and manufacturing industry since 2003. Mr. Philbrick co -presented 'Applying Historical Productivity Records and Scheduling to Establish Contract Time. A Novel Approach" at the Primavera Annual Conference in October 2007. Mr. Philbrick wrote and presented a paper "Cost and Schedule Control at the Enterprise Level" at the 2011 AACE International Annual 55th Meeting. Mr. Philbrick co -wrote and presented a paper "Portfolio Scheduling How to Achieve Success and What Does Success Look Like" at the 2017 AACE International Annual 61th Meeting. PMA Consultants i Greater Orlando Aviation Authority (GOAA), Orlando International Airport, Continuing Program & Project Management, Orlando, FL - From 2001-2018, the Greater Orlando Aviation Authority (GOAA) retained PMA to provide program management and owner's authorized representative services for major construction and refurbishment projects at Orlando International Airport from 2001-2018. Mr. Philbrick provided scheduling services including the creation and maintenance of a master program schedule, evaluation of contractor schedules, performance of claims analysis. His responsibilities included the use of the Expedition software (earlier version of the Primavera Contract Manager) in the oversight of the contractor's schedules on multiple projects. This work also included the creation of an as -built project schedule based on the extraction of daily report information extracted from Expedition. 17 1 Statement of Qualifications PMA Consultants, LLC I pmaconsultants.com PMA Consultants \ Greater Orlando Aviation Authority (GOAA), Orlando International Airport, Tenant BmiUdomd and Concessions Renovations, Orlando, FL — From' 2001-2818, the Greater Orlando Aviation Authority (GOAA) retained PMA to provide program management and owner's authorized representative services for major construction and refurbishment projects atOrlando|nte[natiunalAirport.[]ur|ngthistirne,k4[Philbrickserved as the seniorscheduleVtlairns analyst for a program management team at the C)|A. In this position, he was involved inthe full cycle ofdesign and construction ofvarious major publicVvorkspr 'ectsattheairport.He developed and maintained the master program schedule in Primavera. He also oversaw and assisted with cost control during the program that was maintained in Paragon p[og[8rn management software. Florida Department ofTransportation (FDOT),On Call Scheduler, FL-PW1Aserves asthe district scheduling engineer for the FDOT, District 5, establishing contract times based on the MOT plans and analysis of the work scope for district contracts since 2081. PW1A evaluated contractor schedules and time -extension requests as well as developed and delivered a training program for F[}OT field office staff in procedures to [eV|evv contractor schedules and instruction in operating 5UreTr kand Primavera scheduling software. Mr. Philb[|ck provided contract time analysis training to the department's design consultants and provided implementation consulting on Primavera scheduling snftvvans (Primavera 6.0). K4[ Phi|brickcontinues to provide contract time analysis services tothe F[}{JT, District asevaluations are requested. PSE&G, Newark, NJ— From 2012-2016, Mr. Philbrick served as one of the lead schedulers in an implementation of Oracle/Primavera P6software for PSE&GsDelivery Projects and Construction OepartrnenLTheimplementation includes the set-up of the enterprise scheduling environment and the creation and maintenance of approxinnately48U projects with a yearly design & construction program value in excess of$1 billion. This implementation also includes the integration ofOracle/Primavera P6 software with P5EGscurrent cost tracking system in SAP. This effort has included the following: meeting with the stakeholder groups and performing a needs assessment; creating and modifying schedule templates; overseeing scheduling operations; providing P6 training and guidance tothe stakeholders, schedulers and project [nntrolsenginee[s; leading the creation ofa scheduling playbook as well as providing instructional sessions to the stakeholder groups. After completion of the implementation for PSE7G, Mr. Philbrick continued in the role as lead scheduler in the ProjectKAanagennent Information Systems team as well as providing planning level schedules for the start up of new projectsfnrthe Project Integration Team at PSE&G. ConoxMeclsystemms(a division of Johnson& Johnson),Menlo Park, [A- |n2809,ConorN\edsystemswas scheduling their work for the CVStarStentsystem inMicrosoft Project, YvhichvvasnotadequatefortheirvVork involving more than 15,000 scheduling tasks. K8[ Philb[ick provided the necessary training, instruction and assistance in setting up the scheduling in the enterprise environment of Primavera P0. Through this support from Mr. Philbrick, the Conor Med System group was able to successfully transition to working in a Primavera POenterprise environment. 18 1 Statement ufQualifications . pMAConsultants, Uz I STEPH N DALY PPOVEC i rEAANIAGLEl' Years' Experience: 8 With PMA: 3 PROFESSIONAL EXPERIENCE Mr. Daly is an experienced assistant project manager with 9 years of expertise in the areas of cost estimating, change management, cost controls and processing of BFI's and submittals. Mr. Daly's past experience includes successful handling of project audits, managing personnel records for security clearance, detailed quantity takeoffs for commercial construction and addendum reviews. His well - established skills range from cost estimating and cost comparison of base scopes to proposed changes, as well as creating detailed analysis and material pricing for vendors, change orders, cost estimating and project cost accounting. Columbia Gas Emergency Pipeline Replacement, Various, MA - In September 2018, a series of natural gas explosions rocked Lawrence, North Andover, and Andover, Massachusetts, where thousands were of residents were evacuated and a state of emergency was declared. In support of the Gilbane Building Company, Mr. Daly performed as field superintendent coordinating subcontractors for replacement of pipelines, boilers, hot water heaters and miscellaneous appliances in individual residential units. Mr. Daly joined hundreds of professionals in the deployment in 12 hour days, 7 days per week to meet the demanding restoration of service deadline. Orange County Utilities (OCU), Southwest Water Reclamation Facility Phase I, Orlando, FL - Orange County Utilities (OCU), FL currently owns and operates three regional water reclamation facilities (WRF) to treat the wastewater generated in its collection system. All three treatment facilities produce reclaimed water for public access reuse as regulated by 62-610 F.A.C. As part of a previous master plan developed for OCU, a fourth new WRF was proposed to be constructed by 2015 to serve a portion of the south-west portions of service area, currently being served by its South WRF. Mr. Daly performed the structural cost estimate to help develop an opinion of probable construction cost at the 60% and 100% design completion levels. Greater Orlando Aviation Authority (GOAA), Orlando International Airport, BP-444 and BP-445, Recapitalization and Optimization of Pods A & B, and BHS Replacement on Level 2, West End, Orlando, FL - Mr. Daly was instrumental in all change management aspects of the projects, as part of the Owner's Authorized Representative team. Mr. Daly reviewed all pricing proposals from the contractors, evaluated contracted scope and merit of alleged changes. Mr. Daly then performed an independent estimate of the scope change work and analyzed all details of the price proposal and the included supporting information for compliance. Mr. Daly assisted in the firm, fair and reasonable negotiations of all scope changes and ensure compliance with the Client's change order process through completion. These two projects accounted for over $55M of the Baggage Handling Systems (BHS) upgrades at the North Terminal at the Orlando International Airport. 19 1 Statement of Qualifications PMA Consultants, LLC I pmaconsultants.com 110 Moo Iilk ♦i Fill I Ffr..=LD StVPER VISOR Years' Experience: 30 With PMA: 3 PMA Consultants Self-starting Certified Inspector with more than twenty-nine (30) years' EDUCATION experience in civil, structural, mechanical, electrical and environmental inspection of residential, commercial, aviation and military construction Newport College, projects. The extensive range of projects encompassed small residential Newport Beach, CA -Structural Management upgrades through complex multi -million hospital, hotel, airport, power' plant, chemical plant, and other commercial projects. Current and previous Alea College, Aiea, HI - certifications and/or licenses include the International Conference of Building Structural Management Officials / ICC, and multiple state and local agencies. Project experience in soils, concrete, environmental testing, plumbing, mechanical, electrical, fire protection, baggage handling systems in addition to other disciplines of inspection. Experienced in all phases of project including bid preparation, design review, proposal development, inspection performance, supervision of inspectors, and overall project management. RH Construction Services, Greater Orlando Aviation Authority (GOAA), Orlando International Airport, Orlando, FL — For 18 years, Mr. Hale served GOAA as a consulting project manager/supervisor/inspector. He was responsible for performance of soils, concrete, environmental, and fireproofing testing and inspection at Orlando International Airport to include: Optimization of four (4) In -Line Baggage Screening Systems. Projects BP-432, BP-463, BP-444 and BP-445 Orlando International Airport — Security Improvement — Remote Screening Facility - renovation and improvements of the existing Disney baggage screening facility for both the inbound and outbound baggage. -In-Line Baggage Screening System which includes the installation of5000-LFofconveyor, 20,000-SF of new building construction including a new generator and electrical building, 8000 SF of renovations, ACS and CCTV. -CCTV Full Build Out for the installation of 300 new CCTV cameras in the terminal and airsides. •ACS Expansion which included design review and installation of 600 new access control card readers throughout the terminal and airsides. •Communication Closet Upgrades of all communication closets/rooms which contain security equipment or primary fiber optic distribution centers. -Access Control Upgrades, for main servers and communication rooms to workstations and portals, by way of fiber optic and new software installation. -Security Communication Infrastructure Improvements — by providing LAN infrastructure improvements for security - related infrastructure that provided fiber optic cable from the Terminal to the remote guard posts and gates. -Passenger Security Improvements which included the reconfiguration and addition of security screening units. -East CheckpointACS Improvements which provided installation and testing of electromagnetic door locks and panic hardware. -Access Control Expansion which involved the addition ofACS hardware and CCTV to existing doors on the ramp level 20 1 Statement of Qualifications PMA Consultants, LLC I pmaconsultants.com ofAirside 4. •Glass Blast Film installation for all non -tempered windows at the Terminal, levels 1 to 3. -Baggage Sortation System Upgrade which included the integration of graphics, sort and ;text into upgraded computers for the baggage sortation system into a centralized control room. -Perimeter Security Fencing Improvements by modifying heights and widths of existing gates and add additional fencing in the baggage make-up areas. -Landside Emergency Electrical Infrastructure Improvements - Design review for the upgrade of electrical panels for security, equipment and life safety. -Airside 1 and 3 concrete repair, Cargo Road widening, new apron and taxi -way construction, new fuel tank farm, new fire station installation, and airside renovations. •A/S 1 & 3 Renovations of restrooms, ceilings, fire protection, plumbing, mechanical, electrical, office additions, structural, architectural for six wings of the airport. Wing 6 Restroom Renovations of plumbing, electrical, mechanical, fire protection, structural, architectural for two restrooms at ramp level. RH Construction Services, Kauai, HI — Mr. Hale served as Project manager/supervisor/inspector for construction services company serving the island of Kauai. Responsible for performance of soils, concrete, structural and masonry at the following projects: -Sheraton Hotel - replacement of three four-story hotels -Waimea Visitor/Tech Center - construction of new building •Pacific Missile Range new AQM Facility installation •Kilauea Estates development of new housing subdivision Mid Pacific Testing, Kauai, HI - Mr. Hale served as Project manager/supervisor/inspector for construction services company serving the island of Kauai. Responsible for performance of soils, concrete, structural and masonry at the following projects: •Lawai Beach Resort - development of new Condominium complex -Halelani /Schuler Homes - ongoing inspection of new homes •Coco Palms Hotel - assessment of structural damages due to hurricanes •Kihei 11 School - development of new intermediate school Pacific Rim Consulting and Testing, Kauai, HI - Mr. Hale served as Project manager/supervisor/inspector for construction services company serving the island of Kauai. Responsible for performance of soils, concrete, structural and masonry at the following projects: -Kmart - development of new retail store •Wilcox hospital - development of new ER room addition •Nowiliwili Pier 3 - development of new pier 21 1 Statement of Qualifications ! PMA Consultants, LLC I pmaconsultants.com Joseph R. Harrington Senior Engineering Technician Joseph Harrington has 16 years of experience in construction inspection and materials testing phases of civil and building construction. His work experience includes testing soil materials for density, concrete cylinders, grout prisms, cubes, soil cement samples, asphaltic concrete, and inspections on materials such as cast -in - place concrete, post -tensioning, reinforcing steel, formwork and masonry. Joseph has significant field experience on residential, commercial and roadway/transportation construction project sites. Construction Materials Testing and Inspection Services, Orlando Major League Soccer Stadium (MLS) Orange County, Florida Joseph is the main technician for this major project. He has performed materials testing and inspection services on this sports venue project. Construction Materials Testing and Inspection Services, Signature Lakes Phases 36-1 APF Road, 313-1, 313-2 and 313-3 Winter Garden, Orange County, Florida This project consisted of constructing the building pads, roadways and the installation of underground utilities to facilitate the storm water system. Joseph performed materials testing and inspection services on the roadways being constructed utilizing a stabilized subgrade, soil cement base with an asphaltic concrete wearing surface, and associated infrastructure. Construction Materials Inspection and Testing Services, Waterside on John's Lake Phases 1 and 2 Winter Garden, Orange County, Florida Joseph performed materials testing and inspection services for this project consisting of constructing 160 single- family residential homes, roadways and utilities. Roadways were constructed utilizing a flexible pavement design comprised of a stabilized subgrade, limerock base and an asphaltic concrete wearing surface. Other work included the installation of the underground utilities to facilitate the water, sanitary sewer, and storm water systems. Joseph was responsible for conducting compaction tests for the building pad and foundations, pavement subgrade, and concrete paving, sampling and testing plastic concrete, and masonry testing. Construction Materials Inspection and Testing Services, Orlando Premium Outlets Phase III Orlando, Orange County, Florida Joseph performed materials testing and inspection services for this project consisting of constructing five new retail buildings which will total approximately 105,246 SF in footprint area. The buildings are supported on a shallow spread foundation system with a five -inch thick slab on grade, tilt panel walls, and metal framing with parking areas constructed utilizing a compacted subgrade, soil cement base and an asphaltic concrete wearing surface. Other work included installation of the underground utilities to facilitate the water, sanitary sewer and storm water systems (including underdrains in the parking lot). Joseph was responsible for conducting compaction tests for the building pad and foundations, pavement subgrade, and concrete paving, sampling and testing plastic concrete, and masonry testing. 22 1 Statement of Qualifications PMA Consultants, LLC I pmaconsultants.com Construction Materials Inspection and Testing Services, John Young Business Park Building One (Dade Paper) Orlando, Orange County, Florida Joseph performed construction materials testing services for this project consisting of constructing one 150,000 SF building supported on a shallow spread foundation system with a six-inch thick slab on grade, tilt panel walls, and metal framing'. Other work included parking areas, installation of the underground utilities, sanitary sewer and stormwater systems. Joseph was responsible for sampling and testing plastic concrete and asphaltic concrete; and conducting compaction tests for the building pad, foundations, utility line backfill, pavement subgrade, pavement base and asphalt. Construction Materials Testing Services, East Lester Road - Roadway & Drainage Improvements City ofApopka, Orange County, Florida This project consisted of the construction of improvements to the roadway and drainage systems on East Lester Road in Apopka, Florida, including extension of the roadway (constructing approximately 5,200 linear feet of roadway), retention ponds, drilled shaft installation, and retaining walls. Joseph performed materials testing and inspection services on soils, asphalt, and concrete. Florida Hospital Apopka, New Laundry Facility, Construction Materials Testing Apopka, Orange County, Florida This project involved constructing the Florida Hospital Apopka New Laundry Facility consisting of one building with approximately 63,600 SF supported on a shallow spread foundation system with a 6-inch thick slab on grade, tilt walls, and metal framing. The project included parking areas constructed utilizing a flexible pavement design and an asphaltic concrete wearing surface. The paved areas were constructed of a rigid pavement design comprised of a stabilized subgrade and a concrete wearing surface. Other work on the project included the installation of the underground utilities to facilitate the water, sanitary sewer and storm water systems. Joseph's responsibilities as engineering technician'included sampling plastic concrete, casting test specimens, and performing concrete testing. Rock Springs Ridge Phase 7A, Sitework and Due Diligence Lot Testing — Materials Testing Services, Apopka, Orange County, Florida -This project consisted of constructing 65 single-family residential buildings in Rock Springs Ridge Phase 7A.The roadways were constructed utilizing a flexible pavement design comprised of a stabilized subgrade, limerock base and an asphaltic concrete wearing surface. Other work included the installation of the underground utilities to facilitate the water, sanitary sewer and storm water systems. Joseph was the lead technician performing the testing and inspection service for this project for a major Central Florida home builder/developer. CR-437 Intersection with Wolf Branch Road Mount Dora, Lake County, Florida CR 44 Turn Lanes & Shoulder Improvements Lake County, Florida CR 452 @ Apiary Road Intersection Eustis, Lake County, Florida East Lester Road Improvements Apopka, Orange County, Florida Econlockhatchee Trail Widening North of SR 408 South of SR 50, Contract Y9-906C, PO No. C09906COl 3 Orange County, Florida CR44A and Estes Road Lake County, Florida Tusca Place in Sanford, Asphalt/Base Coring Seminole County, Florida 23 1 Statement of Qualifications PMA Consultants, LLC I pmaconsultants.com Threshold Inspector II Michael Billings has 15 years of experience in construction inspection and materials testing phases of civil and threshold building construction. His main responsibility as a threshold inspector is to perform inspection of a threshold building's main frame structural elements, and to verify compliance with the approved plans and specifications. Michael routinely performs structural inspections on materials such as cast -in -place concrete, reinforcing steel, post tension cables, formwork, and all phases of masonry construction. Michael has expertise in the following areas: Threshold Inspection, Post Tension Concrete Inspection, Bridge Construction, Masonry Inspection, Soils and Construction Materials Testing, DOT Quality Control Inspection/ Materials Testing. Dr. Phillips Center for the Performing Threshold Inspection Services, City of Orlando's Arts, Threshold Inspection & Geico Parking Garage at Amway Center Construction Materials Testing Services Orlando, Florida Orlando, Orange County, Florida Michael is serving as the lead threshold inspector for this project which consists of the construction of a new performing arts complex in the heart of Orlando. The first phase, which broke ground in June 2011, includes a 2,700-seat amplified auditorium fortouring Broadway shows and a 300-seat theater for local groups. The site covers two blocks across from Orlando City Hall. The project has an aggressive 37-month construction schedule that would have the first phase of the complex building opening in summer 2014. The total construction for the complex was designed to be more than 330,000 square feet in size including two grand performance halls, a community theater, outdoor plaza and performance space, rehearsal rooms, administrative offices and an educational programming space. Once all planned phases are completed, it is estimated to cost approximately $408 million. The project is registered to receive LEED certification. This project consisted of the construction of an eight -level, 2,000 space parking garage connected to the Amway Center via an elevated bridge way for the City of Orlando. The project was completed in September, 2010 with a total cost of $32 million. Michael served as a threshold inspector for this project. His responsibilities included conducting inspections on post -tension elevated decks, structural masonry, cast in place concrete, and reinforcing steel. Disney's Art of Animation Resort, Materials Testing and Threshold Inspection Services Reedy Creels Orange County, Florida Michael served as a threshold agent for this project which involved construction of a new, highly- themed resort with a separate entrance and 864 value rooms and seven new interior loaded Guestroom buildings with 1,120 family suites. All Guestroom buildings are T shaped and four stories high. The resort also includes four highly-themed courtyards, two quiet pools and a large feature pool. The project was completed in four phases with an aggressive schedule of just 24 months for completion. As the duly authorized representative of the Special Inspector, Michael observed and verified that the building's main frame structural elements were constructed in substantial accordance with the Permitted Contract Documents. Michael provided threshold inspection services in excess of 1,100 hours on this project. 24 1 Statement of Qualifications PMA Consultants, LLC ( pmaconsultants,com Nicholson Center for Surgical Advancement at Florida Hospital Celebration, Material Testing and Threshold Inspection Services Kissimmee, Florida This $54 million project consisted of constructing the Nicholson Center for Surgical Advancement at Florida Hospital Celebration located in Kissimmee, Florida. The project included one surgical building two stories in height approximately 50,000 square feet in footprint area. The building is supported on a shallow spread foundation system with a five -inch thick slab on grade, masonry walls, Sin by 4in thick elevated slabs on metal framing. The project required threshold level inspection. Universal provided continuous construction materials testing and threshold inspection services for this project that included compaction tests for the building pad and foundations, sampling and testing plastic concrete, masonry testing, and structural steel inspection. The threshold inspection services required inspection of the building's main frame elements. In addition, Universal performed Infrared Thermography on the CMU walls and materials testing of the Nicholson Center Emerald Parking Lot —both for different clients. Michael performed threshold inspection services on this project. Foundation and Masonry Steel Inspection, Various Schools Lake and Polk Counties, Florida Michael has performed routine foundation footings, full masonry, and/or slab reinforcement inspections on several school additions and new school construction projects all over both Lake and Polk counties accompanied by frequent construction materials testing on the majority of those same projects. Stephens Elementary (Polk), Southwest Elementary (Polk), Mascotte Elementary (Lake), Groveland Elementary (Lake), Middle School AA (Polk), Elementary School F (Polk), Winter Haven High School (Polk) are a number of projects where both threshold inspection' services, as well as construction materials testing services, have been successfully provided by Michael. Cecil E. Gray Middle School Additions and Renovations Lake County, Florida This project consisted of constructing the Cecil E. Gray Middle School additions and renovations in Lake County, Florida. Building, construction consisted mostly of masonry block walls, hollow core decking and structural steel. The total plan area of the building areas was approximately 107,000 square feet. Michael performed construction materials testing and threshold inspection services on this project. Materials Testing and Threshold Inspection, East Ridge High School Stadium Expansion, Excalibur Road Clermont, Florida The project consisted of development of expanding the existing stadium at East Ridge High School in Clermont, Florida. Michael performed materials testing and threshold inspection services on this project. Services included: soil compaction testing, cementitious materials testing, metal decking and structural steel inspection. V682 Orlando Executive Airport (OEA) Relocate/ Replace GOAA'S Maintenance Facility (Design/ Build) Orange County, Florida The V682 project involved design/build services for a new airport maintenance pre-engineered metal building (2,800 square feet) and related work for the Aviation Authority at a site located west of the existing airport administration building at OEA. The scope also included the relocation of the existing fuel farm that was adjacent to the former maintenance building to a site near the new airport maintenance building. Michael performed threshold inspection services on this project. Construction had an estimated cost of $609,000. V-E21, Airside 1 Restroom Refurbishment, things 4 and 5, Orlando International Airport, POC Project No. 11 029A Orange County, Florida The V621 project involved remodeling of restrooms throughout terminal wings 4 and 5 in 2012. Michael performed weld connections inspection services on this project that included: Wing 5: roof opening at duct and window' framing, and roof opening at Wing 4 transfer level (Rooms 2415 and 2515). 25 1 Statement of Qualifications PMA Consultants, LLC I pmaconsultants.com RoDs,B:. ce.�o. STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE ENGINEERING„RUSjNESBHQtE-IN ISA CIRIZEDUNDERTHE LIC�NSkZNU(,iBER: t�5198 EXPIRATION DATE: EEDRUARY28,2021 Ahvays vedN llcelues online at MyFladdaUcense.wm ST D ,tall th d IF yf Nn. �YT< s, This's your llrEnse. It is unlawful Foranyone other th th. Icensee to use thsdocum nt. STATE OF FLORIDA R THE INC. Atmryw Mylrmw rt AEyT6rlt lLm,n rrm Da N.tape It. d I Dt In Iyl -This 1,. your license It 1 ADl for y th".N th II See to use this doament. Aa Denne'r, une,.or Hilmyeuh�rs sweelary d6or STATE OF FLORIDA DEPARTMENT OF BUSINESS.AND PROFESSIONAL REGULATION o- y tEN�N�1/MeE411� i PIRATIDA'D''CE fpRUARY28,2021. AhvayxvenNlicer¢es online=t MyFloddauceme.com o o D. Wt.1UrtWd.,ERR,Bt1..Hyf.N.. OTh Isyourl cense.lt lz unlawful for anyoneotherthan thelcenzee louse the document 1 ~ THIS CERTIFICATE HEREBY C➢RTIFI➢S THAT Douglas J Campbell LEED AP BUILDING DESIGN +CONSTRUCTION R �.SrnaBl.ole�� o00 ❑00 February 14.HH0 10444286 1—,10.2012 LIDO GBCI M 1 Statement of Qualifications *�BC B'Y'f R'WT WOtt 115t, E�IF+f /! THIS 15 tt �� i� {+ John C. Philbrick HAS BEEN FORMALLY EVALUATED FOR DEMONSTRATED EXPERIENCE, KNOWLEDGE AND PERFORMANCE IN ACHIEVING AN ORGANIZATIONAL OBJECTIVETHROUGH DEFINING AND OVERSEEING PROJECTS AND RESOURCES AND is HEREBY BESTOWED THE GLOBAL CREDENTIAL Project Management Professional (PMP)' IN TESTIMONY WHEREOF, WE HAVE SUBSCRIBED OUR SIGNATURES UNDER THE SEAL OF THE INSTITUTE �i- F" SLhL "I a. P} -. -aM1 1156661 `„aA 1�9,6 P P a9f B-�1r /�O✓✓yL_. lC -. PFu .y�nnu 29AWu¢]Bl0 Pi. ._z.� .s _I r J THIS ISTO CEFTIFYIHATX Douglas Joseph Campbell ORDTVSTTHR CI IN ACHICSINGRAIN O RG A NIZATIO HAI ORUGHPDEFINING ANDVOV ERs[E NC P Rof ECTS AND RESOURCES AND 15 HEREBY RZITI EO THE CLOBAL CREDENTIAL Project Management Professional (PMP)° IN TE N IONY WHEREOF, WE HAVE SUBSCn BED OUR SIGNATURES UNDER THE S,E�AL,O.F THE INSTITUTE �sPN, ti t- w.� 1969 y R . P v= ,mU—',- —E.Im,Dxam �i � �a��gsriVP'y;� P I � D,N xeTeBAwxml � ' ��LL ar� txxtp n IY ha H REBY.tiYAFnS TH/5 C�Qrtiftcrzf� � C�nnyxQ�xr� PO Douglas? Campded CGLtl61]41 CnErfifieh 6cux it Cnnnlrttclor Ti, AE& A5 S-h IN All ARERFHpRRI1 s Ana nIe amncarparmee Area Of TAU srm. tam.;ee mlauma�x xnemnr,xiln�..D.esul D c orveb I—MT,naulB➢v`da> rvary,]000. Yed BHA C. A. Henderson PHA Consultants, LLC ts.com i Program management firms and construction management -for -fee firms in the U.S. by Engineering News -Record since 2000. As on the top 'J,S.pure r-M1&CM -) fee 7frm­,, P'VA focuses on be ng the b-st a vi,!Ch „, `vi,I'e diCr. AWARDS SIMC-E 2012 2015 — CMAA New England Chapter New Construction Project of the Year Award (under $200M) 2014 — Harleston Parker Medal 2014 — Boston Society of Architects Honor Award for Design Excellence 2014 — Boston Society of Architects K-12 Facilities Design Honor Award 2013 — CMAA New England Chapter Project Achievement Award 2013 — CMAA New England Chapter Program Management oftheYear Award 2013 — ENR Award of Merit in Higher Edu/Research Category Best Projects Award 2013 — Boston Business Journal Design Category Best Green Practices Award 2013 — AGC of MA Award of Merit Build New England Award 2012— Western Council of Construction Consumers Innovation Solution Award 2012 — CMAA Northern California Project of the Year ($50M-$100M) 2012 — Innovation Award Western Council of Construction Consumers "The front end planning efforts put forth by PMA has helped our projects to come in on schedule and under budget." RAY DONATO Director of blew(onstrivion (formerly) University of Chicago Medical Center "PMA is steadfast and proven. The Department has had a long working relationship with PMA Consultants for well over 20years." ANDRE LOWE PE General Monoger (forr merly) DVVSD Capital Management group 27 1 Statement of Qualifications PMA Consultants, LLC I pmaconsultants.com Greater OrlandoAviation Authority John Carlson, Manager' 407.825.4089 jcarlson@goaa.org of Construction Bruce C. Bolling Municipal Building Tom Leahy, Senior 617.293.7529 tom.leahy@boston.' Project' Manager gov 28 1 Statement of Qualifications PMA Consultants, LLC I pmaconsultants.com Readily available was part of the selection criteria for the proposed OR team. The matrix below focuses on current commitments of the proposed team members. Our assessment, based on other in-house expertise and availability, is that we would not jeopardize level of service to our clients on these current assignments if the City of Ocoee selected these individuals as their OR team. Once selected, the proposed team is committed to the City for the duration to ensure no impact to completion of the projects. Office Project Name Start Date End Date Team Member Central ' Southwest Area and Potable 11/18 2/20 Doug Campbell Florida Water Stephen Daly' Central Columbia Gas 1/19, Complete Doug Campbell Florida Stephen Daly Central Walt Disney World (various) 4/19 11/19John Philrick Florida mm 9/17' 10/19 Joseph Harrington Michael Billings 7/18i Complete Joseph Harrington Michael Billings Joseph Harrington Michael Billings 29 1 Statement of Qualifications PMA Consultants, LLC I pmaconsultants.com At PMA Consultants, program management is our passion. Our services make projects more efficient and control costs, schedules, and work scope without compromising quality. Our capabilities combine our expertise and experience in planning and engineering. PMA was founded on innovation in project controls, and that same creative, problem -solving spirit continues today. We are unwavering in our efforts to improve planning and scheduling methods using GPM and NetPoint; advance the practice of forensic schedule analysis; and leverage BIM, integrative project delivery, and green building to capitalize on the synergistic value that these strategies collectively provide. PMA has the requisite expertise, staff, and approach to meet or exceed all of your construction challenges. We have successfully performed many such assignments to the satisfaction of our clients, who return repeatedly to engage our services. After considering these factors, we are confident that you will find PMA as the company of choice to assist you with your construction needs. UEN r - £ t » Outstanding collection ofprofessionals » Breadth of experience in claims management and resolution » Expert analysis and testimony » Excellence in applying program, project, and construction management knowledge » Outstanding track record of successful assignments » Ability to handle challenging and complex issues and situations and provide successful outcomes 30 1 Statement of Qualifications PMA Consultants, LLC I pmaconsultants.com RFQ CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their Proposal: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in the Proposer's firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this proposal. (Indirect ownership or benefit applies to any members of his or her immediate family.) Proposer certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Proposer agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Evaluation Committee members, and other key City employees and consultants involved in the award of this contract. According to Chapter 112, Florida Statutes, the term "conflict of interest" "means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest", and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: X To the best of our knowledge, the undersigned firm has no potential conflict of interest for this Proposal. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest for this Proposal. Acknowledged by: PMA Consultants LLC Firm Name Signature Richard Johnson, PE, BCEE, CVS-Life Name and Title (Print or Type) 5/14/2019 Date This Agreement is entered into by and between (hereinafter "Recipient") and the City of Ocoee (hereinafter "City"). Recitals WHEREAS City needs to disseminate certain building plans, blueprints, specifications, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a water treatment facility ("design information"), in order for it to be designed and constructed pursuant to RFQ #19-007 Owner's Representative for the New Ocoee City Hall (the "project"); and WHEREAS, such design information is exempt from public records disclosure requirements of Florida Statutes Section 119.07(1) and s. 24(a), Art. I of the Florida State Constitution. This exemption provides that design information made exempt by law may be disclosed to another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to a public building or water treatment facility; and that the entities or persons receiving such information shall maintain the exempt status; and WHEREAS the Recipient is willing to receive disclosure of the design information pursuant to the terms of this Agreement for the purpose of bidding on the project and/or performing design services; NOW THEREFORE, for good and sufficient consideration the Recipient agrees as follows; 1. The above Recitals are acknowledged by the Recipient and are incorporated herein by reference. 2. Recipient agrees that it shall prevent and protect the design information, or any part thereof, from disclosure as a public record and shall not disclose the design information to any person or entity other than one having a need for disclosure in connection with Recipient's authorized use of the design information for the purposes of submitting a response to the bid solicitation. 3. Recipient agrees to take all steps reasonably necessary to protect the secrecy of the design information, and to require all entities or persons receiving the design information to maintain its exempt status and to prevent the design information from being disclosed as a public record or earning into the possession of a person or entity that is not authorized. Recipient agrees that all design information shall remain the property of City. All design information and all copies thereof shall be xeturned to the City not later than thirty (30) days after the bid opening together with a list of all of the names and addresses of all entities or persons to which the design information has been disclosed; or, in the case of a designer, not later than thirty (30) days after the project is -finally completed. Dated this 14 day of _May _ , 20 1 9, RECIPIENT Signed:® f,;Za "-X Print Name: Richard Johnson. PE, IVEE, CVS-Life Title; Managing Director Company: PMA Consultants LLC Address: 4901 Vineland Road. Suite 330.Orlando. FL 32811 Phone No: 321-418-8187 Date: 5/14/2019 COMPANY INFORMATION/SIGNATURE SHEET RFQ #19-007 FAILURE TO COMPLY WITH THESE RFQ INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR QUALIFICATION PACKAGE. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL RFQ INSTRUCTIONS AND THAT YOU UNDERSTAND THAT THE SUCCESSFUL RESPONDENT WILL BE REQUIRED TO ENTER INTO A LEGALLY BINDING CONTRACT WITH THE CITY OF OCOEE, PMA Consultants LLC COMPANY NAME AUTHORIZED SIG URE (manual) Riebard Johnson / Managing Director NAME/TITLE (PLEASE PRINT) 4901 Vineland Road, Suite 330 STREET ADDRESS Orlando, FL 32811 CifY STATE ZIP FEDERALID#i 38-3327768 Individual Corporation 321.418.8187 TELEPHONE (INCLUDE AREA CODE) 407.351.703E FAX (INCLUDE AREA CODE) -MAIL A RESS IF REMITTANCE ADDRESS IS DIFFERENT FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: Partnership X Other (Specify) LLC Sworn to and subscribed before me this 14 Personally Known X or Produced Identification FL State License (Type of Identification) Er KIMBERLY ANN VARGHESElayPubilc • Stale of Floridaominisiort09039Comm. Explree Jan$7, 2021 lAroup?� Netfonal NotaryAssn' day of May 520 19. Notary Public. --State of FL County of range Sig nature of Notary Public Kimberly Varghese Printed, typed or stamped Commissioned name of Notary Public Mayor Commissioners Rusty Johnson Larry Brinson, Sr, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Robert Frank 04�/George Oliver III, District 4 000kl,:?�� florlda May 9, 2019 ADDENDUM NO. ONE (1) CITY OF OCOEE RFQ #19--007 OWNER'S REPRESENTATIVE FOR THE NEW OCOEE CITY HALL This addendum shall modify and become a part of the original RFQ documents for Owner's Representative for the New Ocoee City Hall. This addendum consists of sixty-one (61) pages, including the attachments. Respondents shall acknowledge receipt of this Addendum in the space provided on this Addendum. Failure to do so may subj ect the Respondent to disqualification. The RFQ due date remains the same. Answers to questions received and/or amendments to the RFQ documents are as follows: Q1. Is it possible to receive a copy of the "Design Criteria Package" for the Design/Build proposal for the City Hall? Al. The Design Criteria Package prepared by Zyscovich Architects has been posted to Demandstar. However, the final design is currently being revised and will be provided to the successful Respondent of this RFQ. Q2. Has the selection committee been determined? (By either position or individual person) AZ. There will be a three -member evaluation committee to include the Public Works Director, Utilities Director, and Assistant Utilities Director. The evaluation committee members may be delegated or revised at the City's discretion. Q3. Is it possible to see the design -build contract? A3. The contract is attached to this Addendum. Note this contract is for the pre -construction phase and Exhibit A - Design -Build Amendment has not been executed. Q4. In light of the fact that this is a public project, are there any goals for MBE participation? If not, could the community benefit from including county certified MBEs on the proposed project team? A4. The City does not currently have an MBE participation program; however, the City encourages all . interested firms, including MBE firms, to respond to this solicitation. Q5. Section A.I refers Wharton SmithBunton Brady as the design build team. Has this changed? A5. No. Q6. Is the addendum (Design Criteria Package), intended to be for reference only for Owner Representative services or is the expectation that our response includes Design/Build Services? A6. As requested per this Addendum, a copy of the Design Criteria Package was posted to Demandstar as a reference only. Q7. Is there a specific form that we need to acknowledge the receipt of addendum? A7. Acknowledge receipt of this Addendum at the bottom of this Addendum and attach to your reponse. Q8, Do we need a completed Vendor AppEcation/W-9 or is that only if and when we enter into a contract? A8. No, required of the successful Respondent only. Q9. Please provide a copy of Wharton Smith/Hunton Brady's proposal response. A9. Available on the City's website on Laserfiche at this link http://dms.ocoee.oraJDMS/D oeView.as px?id=980152& dbirl=l & repo=Laserfiche Q10. Please provide a copy of Wharton Smith/Hunton Brady's contract, along with any amendments to date. A10. Attached, see Answer #A3 of this Addendum. Q11. Please provide minutes from any meetings so far between Wharton Smith/Hunton Brady and City of Ocoee. All. Minutes are not available as audio recordings were taken of the meetings for the RFP evaluation committee interviews with Wharton -Smith on July 9, 2018 and October 2, 2018. The audio recordings are available via a public records request to the Ocoee City Clerk at ccdl(a?,ocoee.org, or 407-905-3100 extension 1022,150 N. Lakeshore Dr., Ocoee, FL 34761, as the City Clerk will provide instructions on the required audio player. Q12. Please confirm that the Owner's Representative will be responsible for managing the development of the sitework and parking lot (D/B program criteria in the provided Addendum stopped 5' outside building footprint) An. At this time, the successful representative will not be responsible for managing work 5 feet outside the building foot print. I: Q13. Please confirm that the Owner's Representative will be responsible for managing all FF&E. A13 At this time, the successful representative will not be responsible for managing all the FF&E. Q14, Please confirm that the Owner's Representative will be responsible for managing the relocation of offices to the new building. A14. At this time, the successful representative will not be responsible for managing relocation of offices to the new building. Q 15. Please confirm that the Owner's Representative will be responsible for managing security, networking, and any other low voltage that may be required for the project but not included in D/B scope. A15. At this time, the successful representative will be responsible for managing this work with a City representative. Q16. Please confirm who the Owner's Representative will primarily report to within the City of Ocoee. A16. The City will determine the point of contact prior to award. Bid Solicitation Chanaes: 1. Complete the attached Confidential Disclosure Agreement for a public building and include in Section D.H. Submittals — Firm's Other Fortns. Purchasing Agent cc: Evaluation Committee attachment: Wharton -Smith's contract Confidential Disclosure Agreement All respondents shall aelmowledge this addendum in your qualification package by completing the section below and including in Section D.H. Submittals—Firm's Other Forms. Title, Managing Director � l � '♦ 7 Litigationj Case: Wilfred D. Rogers v. W.E. OWeil/Gilbane, a project specific joint venture; McHugh Construction Company, Inc., a corporation, University of Chicago Medical Center, a corporation; PMA Consultants of Illinois LLC, a wholly owned subsidiary of PMA Consultants, LLC IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS - No.11 L 13427. Filed 2012 Project: Construction of the University of Chicago Children's Hospital. Parties Involved: See above Nature of Claim: Negligence resulting in injury to Plaintiff. Denied by PMA Illinois Amount at Issue: In excess of $10,000 Disposition: Order of Dismissal with prejudice. Bluntschli v. Public Service Electric and Gas Company, Margaret Keane, Meghan McVeigh Maciolek, Integrated Project Services, David Brown, PMA Consultants LLC, Jamie Apostolou, ExecuTREK Systems, LLCSteven Bereczki In the Superior Court of New Jersey, Essex County, Docket #ESX-L-2543-13. Project: Consulting work assignment at Public Service Electric and Gas Company. Parties Involved: See above. Nature of Claim: Interference with contractual relations and libel allegedlyfrom actions of PMA employee. Amount at Issue: In excess of $25,000 Disposition: Execution of Settlement and Release Agreement. No admission of liability. Order of Dismissal with prejudice, effective May, 2014. Karen Law v. Consortium Management Company LLC, PMA Consultants LLC, AECOM Inc,. Jim Hale, and Does 1-100. In the Superior Court for the State of California, For the County of Los Angeles, Docket # BC499350 Project: Construction Management for the San Francisco Public Utility Commission San Joaquin Water System Improvement Program Project. Parties Involved: See above. Nature of Claim: Sexual harassment, discrimination, and retaliation in employment, misrepresentation, violation of whistle blower statute, intentional infliction of emotional distress , wrongful termination, assault and battery in violation of a number of California statutes. All allegations denied. Amount at Issue: In excess of $25,000 Disposition: Settlement and Release Agreement executed by the parties without any admission of fault. Order of dismissal with prejudice granted in 2014. DeLeon vsAECOM Inc. and Does 1-50 In the Superior Court for the State of California, For the County of San Francisco, Docket # 39-2013-00299171- CU-PO-STK. Project: Construction Management for the San Francisco Public Utility Commission San Joaquin Water System Improvement Program Project. Parties Involved: See above Nature of Claim- negligence arising out of physical injuries claimed to have been sustained by Plaintiff while working on San Joaquin project for a general contractor. All claims denied. Amount at Issue: In excess of $25,000. Disposition: Settlement and Release executed by parties without admission of liability. Order of dismissal with prejudice entered into in June of 2015. IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA EMERALD UTILITIES & SITE DEVELOPMENT, INC., a Florida profit Case No. 2014-CA-003670-0 Corporation, JAR CONSTRUCTION, INC. a Florida profit corporation and DIPCHAND LUTCHMAN, an individual Plaintiffs, V. A.C. SCHULTES OF FLORIDA, INC., a Florida corporation, BRINDLEYPIETERS AND ASSOCIATES, a Florida corporation, PARSONS BRINCKERHOFF, a foreign corporation PMA CONSULTANTS a foreign LLC, and BARNES, FERLAND AND ASSOCIATES, a Florida corporation. Defendants COMPLEX BUSINESS LITIGATION COURT Project: The construction and site development activities performed by Plaintiffs for the construction of the Southern Regional Water Supply Facility, in Orange County, Florida. Parties Involved: See above; Nature of Claim: Professional and or ordinary negligence resulting from various administrative, scheduling and consulting services performed by PMA for the project. All claims denied. Amount at Issue: In excess of $15,000. Disposition: Settlement and Release executed by the parties without an admission of liability. Order of dismissal entered into in 2015. Town of North Reading vs PMA Consultants LLC d/b/a PMA Construction Services and Dore & Whittier Architects, Inc. Commonwealth of Massachusetts, Middlesex, ss. Superior Court Department of the Trial Court, Civil Action No. 15-6169, filed October 30, 2015 Project: Design and construction for the Plaintiff, Town of North Reading MA of a middle/high school construction project. PMA dba as PMA Construction Services and Dore and Whittier Architects, Inc. were retained for the project by the town, as the Owner's Project Representative Manager and Architect respectively. Parties involved: See above. Nature of Claim: The Plaintiff alleges negligence, professional malpractice, breach of contract, breach of implied covenant of good faith and fair dealing, negligent misrepresentation, violation of MGL c93A, Section 9, fraud, gross negligence, and breach of fiduciary duty. All claims denied. Amount at Issue: Per complaint; Fifteen million dollars for a purported project cost overrun and five million dollars in value Plaintiff contends was taken out of the project. During a contractually required mediation session Defendants claimed damages of five million dollars. PMA has denied each and every count. Disposition: Lawsuit currently pending and in the discovery phase. The final pre- trial conference is currently dated for April 17, 2018. Case: Walbridge Aldinger, LLC, d/b/a Walbridge Aldinger vs Greater Orlando Aviation Authority. Case No. 2016-CA-8333-0 in the Circuit Court of the Ninth Judicial Circuit, in and for Orange County Florida, filed September, 19, 2016 Project: Walbridrige Aldinger (WA) was contracted to perform optimization of Pods C and D of the Baggage Handling System at the Orlando International Airport. PMA dba as PMA Construction Services and A. Epstein Associates were retained for the project by GOAA as the Owner's Authorized Representative (OAR) and as the Project Designer of Record respectively. Parties involved: See above. Nature of Claim: The Plaintiff alleges that GOAA's partial termination of the Pod C work from the contract caused the fixed price contract to become a "cost-plus" contract. WA also alleges that GOAA breached the contract through active interference, design errors, omissions, revisions, and failure to disclose superior knowledge. All claims denied. Amount at Issue: Per complaint; Damages in excess of $15,000.00. Disposition: Lawsuit currently pending. GOAA has filed a motion to dismiss and, or in the alternative, compel Contract -Required Alternative Dispute Resolution Procedures. LITIGATION SUMMARY Universal Engineering Sciences, Inc. (UES) is the largest geotechnical engineering firm in Florida and one of the largest firms in the country providing engineering services for an average of approximately 10,000 projects every year. Due to the litigious nature of the development and construction industry, it is impossible to avoid claims. These claims are generally nuisance type claims using the "shotgun" filing method of suing every party involved in the project, no matter how remote the involvement. UES has never had ajudgment ruled against it that has exceeded the deductible portion of our insurance. (UES maintains professional liability insurance for an individual claim amount of $5,000,000 with an aggregate amount of $5,000,000.) We have not had requests for equitable adjustment or contract claims, nor have we been declared in default, terminated or removed from a contract or job related to our services in the past five (5) years. UES has not been involved in any litigation or investigation, either civil or criminal, involving a governmental agency, or which may affect the performance of the services to be rendered herein. Additionally, we certifythat neither ourfirm nor its principals have been debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction by any federal department or governmental agency. Neither has any officer, general partner, or principal of this organization failed to complete contractual obligations at any time in our 54 years in operation. Our most frequent professional services claims involve our geotechnical engineering consulting services. During any given year we have anywhere from three to seven notices of claim presented to us. These claims typically involve conditions in which we have no liability and the majority of these suits are dismissed or are settled within our $50,000 Professional Liability Self -Insured Retention. All cases are administrated by our Corporate appointed attorney Thomas Justice, III, PA. Most of these claims are administrated and dismissed with only attorney fees involved. A summary of past cases is available upon request through our corporate appointed attorney. Note: There have been no criminal proceedings or hearings concerning business related offenses in which our company principals or officers were defendants. MA IFICATIONS AND CAPABILITIES 0 Nearly 50 years in business, 15 offices nationwide, 38 years in Central Florida Providing same services for Cities and Municipalities nationwide for more than 48 years Vast experience with D/B, D/B/B, CMAR (CM/GC), and DBFM (P3) Delivery Methods Unparalleled expertise in owner's rep, project and program management, cost estimating, scheduling and risk management 48+ 15 ez a i; s in Business O ffF� c #37 12 1 0F t, u} ENNIS Engineering News -Record , Management I] Uniquely qualified to provide professional project inspection services Specialized in geotechnical, environmental sciences, construction materials testing + threshold inspection geophysical client I Experience Nearly 50 years in business with numerous owner's representative success stories Collaboration Community Collaboration and open communication between the Owner, Owner's Rep, Architect, Contractor/ Construction Manager, and all other related team members is the ONLY way to ensure project success. Keeping project stakeholders involved in all project decisions is the best way to inspire City-wide confidence and ensure the project is meeting the needs of the community as a whole. I 61WIRPAOPOSED TEA ...... .. . . ------ - ----- Ocoee . r i .. PMA GONSULTANTS LLC ROBIN HALE JOHN PHILBRICK, PE, PMP STEPHEN DALY MICHAEL BILLINGS, ON, C%q JOSEPH R. HARRINGTON PMA UNIVERSAL Senior Project Manager Owner's Project Manager providing scheduling, estimating and Owner's Representative services for the Orange County Sheriff's Complex and the Corrections Facility Expansion. For nearly 15 years, Doug served as Owner's Authorized Representative providing Project and Program Management services for both major and minor construction and infrastructure refurbishment projects at Orlando International Airport (OIA). At OIA, one of our nation's largest airports, he managed multi- million -dollar programs and projects which included the Airside 1 concourse renovation, concessions and tenant renovations, Hyatt Hotel refurbishments and the new administrative office annex building (D/B project). NORTHANDOVER HALL This project includes building a three-story, 4,300-SF addition; renovating and reconfiguring a 10,000-SF existing layout; connecting the Town Hall to adjoining fire station and senior center buildings; replacing all building systems; abating all hazardous materials; conforming the existing building to current codes; repairing the building envelope; removing architectural barriers; and adding an elevator to serve the connected buildings. 0 WATER BUILDING The new 54,000 SF building incorporated a tilt - wall erection strategy and included 4.5 acres of site development. Spaces are appropriated across three floors for customer service tellers with separate public and secure areas, an Emergency Operations Center with generator -fed emergency power, Board meeting room, open lobby space, break rooms, two elevator shafts, office space for engineering, finance, and administrative use, and a centralized server room. The 4th floor is built as occupiable shell space for storage and future expansion Achievement Award from the Tilt -Up Concrete O ' c D O INTERNATIONAL STERILE CORRIDOR Design -Build services for a new conditioned sterile corridor from the existing Airside 1 Federal Inspection Station (FIS) on the first level to a new vertical core escalator and elevator to the second floor transfer level Automated People Mover (APM) station. New curtain walls with automatic sliding glass doors, signage, security systems, finishes, related fire protection, and utility systems. The utility systems will require new services and the relocation of existing services. • The scope of the Orange County Sheriff's Complex project involved renovation of a two- story, 185,000 SF former department store into a complex that houses staff, forensics, supply, investigations (CID), patrol, a fitness facility, credit union, and break/dining areas. Construction was phased to accommodate relocations, demolition, and new construction. The first priority was to relocate the county's vehicle maintenance facility. The next phase was a 120,000 SF of office, storage, and laboratory space as well as closing in the shell, installing the emergency generator, and improving the egress, parking and site areas. Served as the Owner's Authorized Representative. A design -build delivery method was decided upon to meet the fast -paced construction schedule. PMA coordinated with various GOAA departments, local utilities, and the ultimate tenants of the building. The site, while a greenfield location, was heavily encumbered with a large number of utility services that ran through what had been an open field. Previous utility work had not been properly documented so a laborious effort was undertaken in the design phase to physically locate as many of the utilities as possible to avoid the extra costs and delays that might have occurred if utilities were discovered during the construction phase. This effort was largely successful and saved the Authority costs and time associated with possible unforeseen conditions. J �_ ",, GREATER ORLAN00 AVtAT1ON AUTHORITY Owner's Authorized Representative during multi -year CIP On -Call Cost Estimating Iron Bridge Water Reclamation Facility Water Consery II Narcoosee Road Citrus Bowl Public School System Correctional Facility Sherriff's Complex Orange County Utilities "As an extension of our staff, I have found that PMA always delivers on time and are able to juggle multiple project details proficiently and efficiently. They have our entire support as they already have proven that as a company, they are reliable and trustworthy. I have great respect Orange County Utilities 1 011T NONE I'M Extensive Municipal Project Experience Synergistic Team Dedicated to Collaborative Success Seasoned Professionals on Programs and Projects Txcel at Managing Stakeholders [L-olk'vt,JQUEST FOR QUALIFICATIONS Ocoee 3 WE - Ell DO , L - Section Page Legal Advertisement RFQ Instructions & General Terms & Conditions 4 - 11 Scope of Services 12 - 13 Submittals/Evaluation Criteria 13 - 16 Conflict of Interest Disclosure Form 17 Company Information and Signature Sheet 18 End Table of Contents RFQ #19-007 —Owner's Representative for the New Ocoee City Hall 2 Request for Qualifications, Legal advertisement The City of Ocoee, Florida, (the "City") is soliciting sealed statements of qualifications for Solicitation #RFQ19-007 Owner's Representative for the New Ocoee City Hall. Qualification Packages will be received at the office of Joyce Tolbert, CPPB Purchasing Agent, Finance Department/Purchasing, Second Floor, 150 North Lakeshore Drive, Ocoee, Florida 34761 until 2:00 P.M., local time, on May 14, 2019. Qualification Packages received after that time will not be accepted under any circumstances. Sealed Qualification Packages that have been timely received will be publicly opened and the names of the responding firms read aloud at that time. No Pre -Submittal conference is scheduled at this time. Prospective respondents may secure a copy of the documents required for submitting a response through Onvia/Demandstar by accessing the City's website at http://www.ocoee.org under the "Living & Working" section. Partial sets of the documents required for submitting a statement of qualifications will not be issued. By using Onvia/Demandstar, prospective respondents will be provided with all information regarding this RFQ, including all addendums and changes to the project requirements. Membership with Onvia/Demandstar is not required to submit a response; fees may apply for non-members. Persons other than prospective respondents may inspect the documents required for submitting a bid at the Ocoee City Hall City Clerk's Office, 150 N. Lakeshore Dr., Ocoee, FL 34761. Persons inspecting the documents at the City Cleric's office that request copies will be required to pay a fee as prescribed by statute. Melanie Sibbitt, City Clerk, Orlando Sentinel, April 21, 2019. RFQ # 19-007 —Owner's Representative for the New Ocoee City Hall CITY OF OCOEE �. �lw �_. OWNER'S REPRESENTATIVE O ' O EI CITY HALL The City of Ocoee, Florida (City), in conformance with Chapter 21, Purchasing Policy and procedures of the City, is soliciting statements of qualifications from qualified firms or individuals (Respondent, Firm) for Owner's Representative for the New Ocoee City Hall. The Owner's Representative shall provide professional construction management services for the design and construction of the New Ocoee City Hall project awarded to the design -build team of Wharton -Smith, Inc./HuntonBrady Architects in compliance with the attached scope of services. This project will be funded by bond proceeds and other dollars appropriated by the City Commission. Responding firms must be experienced in providing owner's representative services for projects of a scope and nature comparable to those described. Use of qualified sub - consultants for specialty work is acceptable. To be considered, the firm shall be qualified by a licensed professional in accordance with Florida State law and be familiar with all applicable State of Florida, St. Johns River Water Management District, Orange County, and City land development codes, regulations, and laws, and with City and Orange County construction standards. 2. The City intends to award a contract to one (1) qualified firm to perform the required services. In determining whether a firm is qualified, the City shall consider the Evaluation Criteria set forth in this RFQ. Prospective respondents may secure a copy of the documents required for submitting a response through Onvia/Demandstar by accessing the City's website at http://wAvw.ocoee.org under the "Living & Working" section. Partial sets of the documents required for submitting a statement of qualifications will not be issued. By using Onvia/Demandstar, prospective respondents will be provided with all information regarding this RFQ, all addendums and changes to the project requirements; Fees may apply for non-members. Membership with Onvia/Demandstar is not required to submit a response. 4. Each qualification package must consist minimally of a cover letter, statement of qualifications, and company information form (attached at the end of these instructions). Please also include a copy of all applicable licenses held by firms or key subconsultants proposing to perform the work. Statements of qualifications must be limited to a total of Thirty (30) 8.5"x 11" pages (including any resumes and 2-page cover letter but excluding front and back covers, dividers, table of contents, conflict of interest and company information form), single -sided, portrait orientation, 12-point font, unbound in a 3-ring binder or other format amenable for copying purposes. Additional requirements of submissions are supplied below in Section D. Any qualifications package failing to conform to these specifications may be subject to rejection. The person signing the signature sheet on behalf of the respondent must have the legal authority to bind the respondent to the submitted qualification RFQ # 19-007 —Owner's Representative for the New Ocoee City Hall 4 package and shall be understood to do so. All expenses for providing qualification packages to the City shall be borne by the respondent. Firms, companies and/or individuals interested in providing these services shall submit one (1) original paper and one (1) complete electronic copy in a single pdf file of their qualifications package. The electronic copies shall be submitted in a fully electronic form on a USB FLASH DRIVE as an Adobe PDF file, version 5 or later. Qualification Packages shall be submitted to the City of Ocoee in one sealed package, clearly marked on the outside with the appropriate RFQ number and closing date and time, addressed to: Joyce Tolbert, CPPB Purchasing Agent City of Ocoee Finance Department 150 N. Lakeshore Drive Ocoee, Florida 34761 Phone: (407) 905-3100 x 1516 FAX number: (407) 905-3194 jtolbert(a'),ocoee.org No fax or e-mailed submissions will be accepted. 6. Qualification packages must be received no later than 2:00 p.m. (local time) on May 14, 2019. Any qualification packages received after the above -noted time will not be accepted under any circumstances. Any uncertainty regarding the time a qualification package is received will be resolved against the Respondent. It shall be the sole responsibility of the Respondent to have the qualifications package delivered to the Ocoee City Hall by U.S. mail, hand delivery, or any other method available to them. Delay in delivery shall not be the responsibility of the City. A qualifications package received after the deadline shall not be considered and shall be returned unopened. Any request to withdraw a qualifications package must be addressed in writing. Such requests must be received by the City prior to the deadline of the submission. 7. Pre -Submittal Conference: None scheduled at this time. The City will receive questions regarding the RFQ through written inquiries only directed to the Purchasing Agent. Deadline for receipt of written inquiries will be May 7, 2019 at 2:00 p.m., local time. Potential Respondents should not contact City staff, with the exception of the Purchasing Agent, or other City consultants or City Commission for information regarding this RFQ before the project award date. Any contact with any other member of the City Staff, City Commission, or its consultants during the RFQ, award, and protest period may be grounds for Respondent disqualification. Action on qualification packages is expected to be taken by the City Commission within ninety (90) days of the submission opening date; however, no guarantee or representation is made herein as to the time between receipt of the qualification package and subsequent City Commission action. A more detailed schedule is given below. RFQ #19-007 —Owner's Representative for the New Ocoee City Hall 10. All applicable laws and regulations of the United States, the State of Florida, and the City of Ocoee will apply to any resulting Agreement. 11. The successful Respondent shall be required to execute an Agreement, in form and content acceptable to the City, indemnifying and holding harmless the City, its officials, officers, employees, and agents from all claims. 12. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME): A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on an award to provide any goods or services to a public entity, may not submit a proposal on an award with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under a award with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [See Florida State Statute 287.133 (2) (a). 13. FLORIDA PUBLIC RECORDS LAW: In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Respondents should be aware that the proposal and the responses thereto are in the public domain and are available for public inspection. Respondents are requested, however, to identify specifically any information contained in their proposal which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All proposals received in response to this request of proposal become the property of the City of Ocoee and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City. 14. PUBLIC RECORDS COMPLIANCE. The City of Ocoee (City) is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida's Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the contract, Contractor agrees to transfer at no cost to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public record to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records RFQ #19-007 —Owner's Representative for the New Ocoee City Hall disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. 5. A Contractor who fails to provide the public records to City within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407-905-3100, EXTENSION 1022, CCDL@ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 150 NORTH LAKESHORE DRIVE, OCOEE, FLORIDA 34761. 15. PATENT INDEMNITY: Except as otherwise provided, the successful respondent agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses for infringement upon any letters patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the City or supplies furnished or construction work performed hereunder, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Respondent and persons employed or utilized by the Respondent in the performance of this contract. Further, the Respondent shall fully indemnify, defend, and hold harmless the City and its officers, agents, and employees from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, unpatented invention, or intellectual property right. If the bidder uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the bid price shall include all royalties or cost arising from the use of such design, device, or materials. 16. Conflict of Interest/Non-Collusion Certification: a) Respondent declares that the only persons or parties interested in their proposal are those named herein, that this proposal is, in all respects, fair and without fraud and that it is made without collusion with any other vendor or official of the City of Ocoee. Neither the Affiant nor the above -named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of a contract for the described services. b) Respondent certifies that no City Commissioner, other City Official, or City employee directly or indirectly owns assets or capital stock of the Responding entity, nor will directly or indirectly benefit by the profits or emoluments of this proposal. (For purposes of this paragraph, indirect ownership or benefit applies to any members of his or her immediate family) RFQ #19-007 —Owner's Representative for the New Ocoee City Hall 7 c) Respondent certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Respondent agrees to immediately notify the City in writing. Respondent must submit the attached Conflict of Interest Statement. d) Respondent further declares that a careful examination of the scope of services, instructions, and terms and conditions of this RFQ has occurred, and that the proposal is made according to the provisions of the RFQ documents, and will meet or exceed the scope of services, requirements, and standards contained in the RFQ documents. e) Respondent agrees to abide by all conditions of the negotiation process. In conducting negotiations with the City, Respondent offers and agrees that if this negotiation is accepted, the Respondent will convey, sell, assign, or transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the anti- trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Respondent. The proposal constitutes a firm and binding offer by the Respondent to perform the services as stated. 17. The City reserves the right to accept or reject any or all proposals, to waive formalities, technicalities or irregularities, to request clarification of information submitted in any proposal, or to re -advertise for new proposals. The City may accept any item or group of items of any proposal, unless the Respondent qualifies its proposal by specific limitations. The City may accept one or more proposals if, in the City's discretion, the City determines that it is in the City's best interest to do so. The City reserves the right to award the contract to the Respondent which, in the City's sole discretion, is the most responsive and responsible Respondent The City reserves the right, as an aid in determining which proposal is responsible, to require a Respondent to submit such additional evidence of Respondent's qualifications as the City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of a Respondent, including past performance (experience) with the City and others. The City Commission shall be the final authority in the selection of any and all proposals B. INSURANCE TERMS AND CONDITIONS The successful respondent shall be required to provide evidence of both General (Public & Property) Liability, and if applicable, Professional (Design Errors and Omissions) Liability Insurance, in the form of a certificate of insurance issued on behalf of the City of Ocoee and naming the City .as an additional insured, by companies acceptable to the City at the minimum limits and coverages listed below with deductible amounts acceptable to the City. The selected consultant shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the consultant allow any subconsultant to commence work on a subcontract until all similar insurance required of the subconsultant has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best's Rating of "A" or better and a Financial Size RFQ #19-007 —Owner's Representative for the New Ocoee City Hall Category of "VII" or better according to the A.M. Best Company. Policies for Workers' Compensation may be issued by companies authorized as a group self -insurer by F.S. 440.57, Florida Statutes. Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Consultant and/or subconsultant providing such insurance. 2. Workers' Compensation Insurance: The Consultant shall obtain during the life of this Agreement, Worker's Compensation Insurance with Employer's Liability Limits of $500,000/$500,000/$500,000 for all the Consultant's employees connected with the work of this project and, in the event any work is sublet, the Consultant shall require the subconsultant similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Consultant. Such insurance shall comply fully with the Florida Workers' Compensation Law. In case any class of employees engaged in hazardous work under this contract for the City is not protected under the Workers' Compensation statute, the Consultant shall provide, and cause each subconsultant to provide adequate insurance, satisfactory to the City, for the protection of the Consultant's employees not otherwise protected. Include Waiver of Subrogation in favor of the City of Ocoee. Consultant's Public Liability and Property Damage Insurance: The Consultant shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the Consultant and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Consultant or by anyone directly or indirectly employed by the Consultant, and the amounts of such insurance shall be the minimum limits as follows: 4. Automobile Bodilyjury Liability & Property Damage Liability • $1,000,000 Combined single limit per occurrence (each person, each accident) • All covered automobile will be covered via symbol 1 • Liability coverage will include hired & non -owned automobile liability • Include Waiver of Subrogation in favor of The City of Ocoee Comprehensive General Liability (Occurrence Form) - This policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Consultant is primary and non-contributory. • $2,000,000 GENERAL AGGREGATE • $2,000,000 PRODUCTS -COMPLETED OPERATIONS AGGREGATE • $1,000,000 PER OCCURRENCE • $1,000,000 PERSONAL & ADVERTISING INJURY • Include Waiver of Subrogation in favor of the City of Ocoee 6. Subconsultant's Comprehensive General Liability, Automobile Liability and Worker's Compensation Insurance: The Consultant shall require each subconsultant to procure RFQ #19-007 —Owner's Representative for the New Ocoee City Hall 9 and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subconsultants in the Consultant's policy, as specified above. 7. Owner's Protective Liability Insurance: (Not applicable for Owner's Represenative Services). As applicable for construction projects, providing coverage for the named insured's liability that arises out of operations performed for the named insured by independent consultants and are directly imposed because of the named insured's general supervision of the independent consultant. The Consultant shall procure and furnish an Owner's Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence, $2,000,000. Aggregate and naming the City of Ocoee as the Named Insured. Contractual Liability: If the project is not bonded, the consultant's insurance shall also include contractual liability coverage to insure the fulfillment of the contract. NOTE: PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED. • $1,000,000 PER OCCURRENCE • $2,000,000 AGGREGATE Commercial Umbrella: • $1,000,000 PER OCCURRENCE • $2,000,000 Aggregate • Including Employer's Liability and Contractual Liability Builders Risk: (Not Applicable for Owner's Representative Services). • $100,000 Any (1) Location • $1,000,000 Any (1) Occurrence (Remainder of page left blank intentionally) RFQ #19-007 —Owner's Representative for the New Ocoee City Hall 10 OP 10 J wTF lMavmYWq AcoRD. CERTIFICATE OF LIABILITY INSURANCE IRAZ]3-1 11 D4 D4 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC S INSURED RaUREfi I. .clan a — esuNEFI a: Cc'tractor'e Name Address COVERAGES 111E POliCIE30F 4i5URANCE LISTED BELOW NAVE BEEN rsum TO MEINSLT+EO NAAffDABOYE FOA MEPOLOY PEA1004101CATEO. t101WRNSTANOMO 4AYOI IIONS OCR AHY REOUIPEMEM,TERM ORCONORON OF ANYCONTRACTOAOMEA KgEW IS SWRH RESPEOT TOWETH T USIOI,MATE NEREPI I9 9U8lECT>D ALL ilg i1:RW, EKCLUSONS AHO CONON IONS OF SUCN W1Y PERTAIN, THE 4aUAANLE AfFOROED BYTHE POLICR:9 OESLAIBEp PMOIET. AGGREGATE LIMITS SHOWN MAY (LAVE SEEN AFDUCEO BY PAID CUM lTfl NEfl TYPE OF 419UAAIiCE POLICY Ni4A0FA w DATE MAYOD+YY LIM(LS EACH OCCURRENCE S 1, OOO, OOO GeNEau tuaRm PRESSEE9 FAave� 5 50, 000 X X I CO.-mc L GENEPAL LABILITY MFD E%P (Anya+A P®'=^l. 55, 000 PERSONALEADVLNIURY 51, DOO,000 CLAIMs MADE ®OCCUR GENER.SLAccREwTE s_a,000,000 PRODUCTS •COMPAP AGG �, $ a , 0001000 OENL AGGREGATE APPLIES PEP,. pLLppapp4T POLICY X JECT LOC AViOWSILE LUSSJR COtaa EOSMGLELvm S1,000,000 NEa uydaml X MAUTO BOOAY INAURY S (Pv p<n0 ) A OWNEDAUTOS WHEDULEDA00S (SPCnELY I'Ut," 5 X HWEO Amos X NON NEUAUTOS PROPERTY DAMAGE y (PmAptmR) AUTOONLY•EAACCSXNT S DAaAGEtue.uTY ACC sANYAUTOAGO E $1, 000,000E)tCESSAIMSRELLALW RRYxx ❑cLvwMADE 32,000,000S t--� OCCVA __SRETENTION SWORKERS CONPENSATIaN MOER FAAInY[Ay'LUSR.RY EL.EACIIACCIOENT 5500, 000 1 EL.OISFASE•PAEMPLOYEE S5001000 U CWIVE OfFgMEMeEA E1. OISEAEE• POLICY OMIT S 500, OOO SMM QAyayp®MIAs gPECML PROV WONS Se'or, OTHER Any 1 Loa IOD, ODD Builders Risk B An 1 DOC 1,000,000 pESCAlFi1pN OF OPEMTON9ILOCAMHS I VEMCLF9I E%CLW ON9 MOEO BY EN001LSEAtEHT/SPECUL PROW WNS name the certificate The insurance evidenced by this certificate shall holders as an additional insured on the General Liability 5 Umbrella Liability. Workers' Compensation, Bmploysra' Liability 6 asneral Liability shall contain a Waiver of Subrogation in favor of the certificate holder. holder is added ■e a n3X j in9UWl fM %TiIRL+- The certificate OCOBBOl e1NNA0 NAOFTHE ABOVE DESCRIBED POLNRE9BECANCELLED BEFORE MBEIW wTETXFAEOP, THE nsVINO MSUAER WILL ENOFAVORTO AWL SO wYS W"REN HOMETOTNBCERT6OATENOLDERNA WWniELEFT,SLITFARURET000SDSNAIL City of Ocoee REc E NO COMATON OR LAAOILRY OF A.WKNO UPON THE INSURER, ITS AGENTS OR 150 N. Lakeshore Drive RVVUMERTATF Ocoee FL 34761-2258 AVTHoflaEB REFRESENTAME O ACORD CORPORATION 198E ACORD 25 (20OV08) 9. Certificates of Insurance: Certificate of Insurance Form (see sample, above), naming the City of Ocoee as an additional insured will be furnished by the Consultant upon notice of award. These shall be completed by the authorized Resident Agent and i returned to the Office of the Purchasing Agent. This certificate shall be dated and show: • The name of the Insured consultant, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, and its termination date. • Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in provisions or cancellation of the policy, except ten (10) days written notice of cancellation for non-payment of premium. RFQ # 19-007 —Owner's Representative for the New Ocoee City Hall I I The Owner's Representative shall provide professional construction management services for the design and construction of the New Ocoee City Hall project awarded to the design -build team of Wharton -Smith, Inc./HuntonBrady Architects in compliance with the below scope of services. The duration of services for this RFQ is fifty-seven (57) weeks. The Ocoee City Hall Project is an approximately 40,000 square foot, 3 story building with a budget of approximately $12 million and is part of a $45 million capital investment program for the downtown area of Ocoee. This project will be funded by bond proceeds and other dollars appropriated by the City Commission. Additional information is available regarding Ocoee's Downtown Redevelopment at http://www.ocoee.or#-/807/Downtown-Master°-Plan. The Owner's Representative is a position defined in contracts between the City and its consultants and contractors involved in capital improvement projects. The City designates an Owner's Representative for each such contract. The Owner's Representative is the agent of the City for communication and decision -making. The general duties, which may be modified in each contract, are: 1. Act as the Owner's (City's) agent and execute documents associated with a project. This task is moderated by City Code, which requires the Mayor to execute financial commitments by the City, and the City's purchasing rules, practices, and policies. In general, the Owner's Representative is authorized to allocate project contingency funds defined in the contract and within the project budget. Additions to the project budget may be approved by the City Manager up to the limits of his authority, and by the City Commission when the amount exceeds what the City Manager may approve. The Owner's Representative also executes permit applications on behalf of the City, and issues Notices to Proceed, of Substantial Completion, and of Final Completion. The Owner's Representative does not have the authority to authorize work that requires an addition to the project budget or contract amount. 2. Draft, negotiate, administer, coordinate, interpret, and otherwise manage the contractual obligations of the Owner. 3. Draft, review, and/or approve the plans, specifications, and other contract documents for assigned capital projects. 4. Coordinate the work of consultants and contractors with the appropriate City staff. Most projects will have an identified set of people inside and outside City government that need to be involved in the planning and execution of construction projects. Coordinating the work with these stakeholders may include frequent communications through emails, printed documents, and meetings. 5. Inspect the work for conformance with the approved plans. This duty may be shared with various consultants, such as the project architect or engineer of record. Some projects may also require acquisition and management of threshold inspection services. The Owner's Representative may reject or accept work when it deviates from the approved plan, and may work with the contractor and design professionals to adapt the approved design to field conditions or to reflect adjustments needed to implement approved (accepted) deviations from the approved plans. 6. Secure and manage field investigation services, such as geotechnical engineering, in advance or during construction. RFQ #19-007 —Owner's Representative for the New Ocoee City Hall 12 7. Organize and provide all applicable historical records related to field tests, surveys, and other work conducted in advance of the contract's execution, in addition to the documents concurrent with the project. In particular, the Owner's Representative must manage the various versions of design documents issued or modified over the course of the project. 8. Negotiate change orders on behalf of the Owner. 9. Identify properties that may be required to construct a project, such as real property acquisitions and construction easements. 10. Issue stop work orders when the contractor fails to correct the work in accordance with prior direction. 11. Review and approve or reject pay applications. 12. Review and approve, renegotiate, or reject contractor requests for charges against the approved project contingencies. 13. Review and approve Owner Direct purchases. 14. Issue memorandum, letters, or other instruments covering decisions made on behalf of the Owner during the course of the project. Directions and decisions made by the Owner's Representative are binding on the Owner. 15. Participate in the review of and response to requests for information (RFI) and product submittals in coordination with the project architect, engineer of record, and other professionals involved in insuring that the construction phase properly executes the approved plan of construction. 16. There are generally time limits placed on the decision -making processes defined in consultant and construction contracts that impact the Owner's Representative's performance of assigned duties. 17. Provide periodic updates to City staff and managers through written communications, onsite meetings, telephone discussions, email, and other means appropriate to the nature of the communications and the subject. All records made related to these communications are subject to disclosure under the State's public records laws. The Owner's Representative may be required to produce documents (both printed and electronic) in response to public records requests. The Owner's Representative does not have the authority to direct the contractor's means and methods for construction or the sequencing of project tasks; however, the Owner's Representative may put the contractor on notice of violations that may be observed with regard to the Florida Building Code, OSHA regulations, the Florida Trench Act, stormwater management requirements, and other governing regulations. Visits to the site by the Owner's Representative are not construed to create an obligation on the part of the Owner's Representative to make an inspection of the work or to implicitly accept work that may have been completed at the time of the visit. D. SUBMITTALS Qualifications packages shall be designed to portray to the City how the respondent's services can best match the knowledge, skills, and abilities suggested by the anticipated Scope of Services given above. In order for the City to evaluate the qualification package, each Respondent shall provide information relative to their ability to provide services that will best meet the needs of the City. See Section A.4. of this RFQ for additional requirements. The required submission materials include the following: RFQ #19-007 —Owner's Representative for the New Ocoee City Hall 13 I. Firm's Qualifications • List of firm's key employees/project team members, their qualifications/resumes, and their role in providing the desired City services. • Firm's and key employee's/project team members' certifications and licenses with regulatory agencies, professional organizations, etc. • List firm's sub -consultants, their qualifications, and their role in this project. • List of firm's other current or recently successfully completed similar services within the past three (3) years with other public or private agencies which illustrates the experience of the firm. • List of at least three (3) client references to include organization name, contact person, telephone number (s), and e-mail address. • Provide a project staff organization chart for the project team assigned to this project. • Current and projected workload of the Firm, provide project and client names, and project commencement and projected completion dates, and construction dollar value of the proj ect. • Project Approach: Briefly describe the Firm's understanding of the project and how the Firm would accomplish this work. II. Firm's Other Forms (not included in page limit) • Conflict of Interest Disclosure Form, p. 17. • Company Information/Signature Sheet p. 18. • Receipt of any addenda issued. • Summary of Litigation, if none please indicate in this section of your qualification package. Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or against the Firm in the past five (5) years which is related to the services that the Firm provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. E. TIME SCHEDULE The anticipated schedule of events related to this solicitation is: Date of RFQ Request for qualifications published 16 days later Last day for questions 23 days later Statements of qualification are due 25 days later Qualification statements distributed to evaluation committee 31 days later Evaluation committee meeting held 38 days later Interviews of the top three or more Respondents Next meeting Top -ranked firm recommended to City Commission Dates are estimated and subject to change at the City's discretion. RFQ # 19-007 —Owner's Representative for the New Ocoee City Hall 14 The criteria for selection shall be based on the criteria listed in the RFQ. The City reserves the right, before awarding the contract, to require a Respondent to submit additional evidence of its qualifications, as the City may deem necessary, and may conduct discussions with, and may require oral presentations by, up to three (3) firms, if possible. The City shall be the sole judge of the competency of Respondents. 2. A City evaluation committee will evaluate each respondent's qualifications and after potential interviews and/or oral presentations will short-list and recommend to the City Commission the top -ranked firm, in ranked order of qualifications based upon the evaluation committee's evaluation of the responses and any client references. All Respondents shall be notified via Onvia/Demandstar or other means of the evaluation committee's recommended ranking of firms to the City Commission. The City Commission's decision to endorse or modify the ranking by the evaluation committee shall be final. The City Commission shall be the final authority in the award or rejection of any and all responses. 3. The City will attempt to negotiate an agreement with the top -ranked Respondent. If no agreement is reached with the top -ranked Respondent, negotiations will be terminated and initiated with the second -ranked Respondent, and so on, until an agreement is reached. 4. The successful Respondent shall be required to execute an agreement which provides, among other things, that all plans, drawings, reports, and specifications as applicable, that result from Respondent's services shall become the property of the City. Upon the successful negotiation of an agreement, a formal contract will be prepared and subsequent executed by both parties. Evaluation Criteria Maximum Points 1. Overall Expertise of the Firm to Provide Requested Services 40 2. Past Performance & Experience of the Firm and Project Team 40 3. Current and projected workload of the Firm 20 Total Possible Points 100 All Bid Protests shall be submitted to the Purchasing Agent in the following manner: RFQ #19-007 —Owner's Representative for the New Ocoee City Hall 15 1. A Bidder shall file a written bid protest under this Article or be barred any relief, oral protests shall not be acknowledged. 2. A bid protest shall be limited to the following grounds: (a) issues arising from the procurement provisions of the Project Manual, its addenda, and other bidding documents; and/or (b) applicable federal, state, or local law. No bid protest may be based upon questions concerning the design documents (drawings and specifications). The Bidder shall clarify all questions concerning the design documents of the project prior to submitting its bid. 3. The content of the bid protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief requested. 4. The bid protest shall be filed with the Purchasing Agent not later than five (5) calendar days after the posting of the notice of intent to award or recommendation of award by staff, whichever is earlier. 5. The Purchasing Agent, on behalf of the City, shall make a determination of the merits of the protest not later than five (5) business days after receipt of the protest. If the City denies the protest, the City may proceed with award of the contract unless enjoined by order of a court of competent jurisdiction. END OF INSTRUCTIONS RFQ 4 19-007 —Owner's Representative for the New Ocoee City Hall 16 ICI /ZK/7►�/I C�/71� 1►11f�117-x.`ll l� 1� (.Y�ll[/LYI)7 � OU7.7►/ The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their Proposal: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in the Proposer's firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this proposal. (Indirect ownership or benefit applies to any members of his or her immediate family.) Proposer certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Proposer agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Evaluation Committee members, and other key City employees and consultants involved in the award of this contract. According to Chapter 112, Florida Statutes, the term "conflict of interest" "means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest", and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge, the undersigned firm has no potential conflict of interest for this Proposal. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest for this Proposal. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date RFQ #19-007 —Owner's Representative for the New Ocoee City Hall 17 COMPANY INFORMATION/SIGNATURE SHEET RFO #19-007 FAILURE TO COMPLY WITH THESE RFQ INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR QUALIFICATION PACKAGE. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL RFQ INSTRUCTIONS AND THAT YOU UNDERSTAND THAT THE SUCCESSFUL RESPONDENT WILL BE REQUIRED TO ENTER INTO A LEGALLY BINDING CONTRACT WITH THE CITY OF OCOEE. COMPANY NAME AUTHORIZED SIGNATURE (manual) NAME/TITLE (PLEASE PRINT) STREET ADDRESS CITY STATE ZIP FEDERAL ID # Individual TELEPHONE (INCLUDE AREA CODE) FAX (INCLUDE AREA CODE) E-MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: Corporation Partnership Other (Specify) Sworn to and subscribed before me this Personally Known or Produced Identification (Type of Identification) day of 20 Notary Public - State of County of Signature of Notary Public Printed, typed or stamped Commissioned name of Notary Public RFQ # 19-007 —Owner's Representative for the New Ocoee City Hall 18 Mayor Rusty Johnson City Manager Robert Frank May 9, 2419 Commissioners Larry Brinson, Sr, District I Rosemary Wilsen, District 2 Richard Firstner, District 3 George Oliver III, District 4 ADDENDUM NO. ONE (1) CITY OF OCOEE RFQ 419-007 OWNER'S REPRESENTATIVE FOR THE NEW OCOEE CITY HALL This addendum shall modify and become a part of the original RFQ documents for Owner's Representative for the New Ocoee City Hall. This addendum consists of sixty-one (61� pages, including the attachments. Respondents shall acknowledge receipt of this Addendum in the space provided on this Addendum. Failure to do so may subj ect the Respondent to disqualification, The RFQ due date remains the same. Answers to questions received and/or amendments to the R_FQ documents are as follows: Q1. Is it possible to receive a copy of the "Design Criteria Package" for the Design/Build proposal for the City Hall? Al. The Design Criteria Package prepared by Zyscovich Architects has been posted to Demandstar. However, the final design is currently being revised and will be provided to the successful Respondent of this RFQ. Q2. Has the selection committee been determined? (By either position or individual person) A2. There will be a three -member evaluation committee to include the Public Works Director, Utilities Director, and Assistant Utilities Director. The evaluation committee members may be delegated or revised at the City's discretion. Q3. Is it possible to see the design -build contract? A3. The contract is attached to this Addendum. Note this contract is for the pre -construction phase and Exhibit A - Design -Build Amendment has not been executed. Q4. In light of the fact that this is a public project, are there any goals for MBE participation? If not, could the community benefit from including county certified MBEs on the proposed project team? A4. The City does not currently have an MBE participation program; however, the City encourages all • interested firms, including MBE firms, to respond to this solicitation. Q5, Section A, l refers Wharton Smith/Hunton Brady as the design build team. Has this changed? A5, No. Q6. Is the addendum (Design Criteria Package), intended to be for reference only for Owner Representative services or is the expectation that our response includes Design/Build Services? A6. As requested per this Addendum, a copy of the Design Criteria Package was posted to Demandstar as a reference only. Q7, is there a specific form that we need to acknowledge the receipt of addendum? A7. Acknowledge receipt of this Addendum at the bottom of this Addendum and attach to your reponse. Q8, Do we need a completed Vendor Application/W-9 or is that only if and when we enter into a contract? A8. No, required of the successful Respondent only. Q9. Please provide a copy of Wharton Smith/Hunton Brady's proposal response. A9. Available on the City's website on Laserfiche at this link lift :Hdnis,ocoee.oi /DMS/DoeVieNv.as x?id=980152&dbid=l&re o=Laserfiche Q10. Please provide a copy of Wharton Smith/Hunton Brady's contract, along with any amendments to date. A10. Attached, see Answer #A3 of this Addendum. Q 11. Please provide minutes from any meetings so far between Wharton Smith/Hunton Brady and City of Ocoee. At I. Minutes are not available as audio recordings were taken of the meetings for the RFP evaluation committee interviews with Wharton -Smith on July 9, 2018 and October 2, 2018. The audio recordings are available via a public records request to the Ocoee City Clerk at ecdl(a_)oeoee.org, or 407-905-3100 extension 1022, 150.N. Lakeshore Dr., Ocoee, FL 34761, as the City Clerk will provide instructions on the required audio player. Q12, Please confirm that the Owner's Representative will be responsible for managing the development of the sitework and parking lot (D/B program criteria in the provided Addendum stopped 5' outside building footprint) Al2;. At this time, the successful representative will not be responsible for managing work 5 feet outside the building foot print. 1: Q 13. Please confirm that the Owner's Representative will be responsible for managing all FF&E. A13. At this time, the successful representative will not be responsible for managing all the FF&E. Q14, Please confirm that the Owner's Representative will be responsible for managing the relocation of offices to the new building. Addendum#1 RPQ19-007 Owner's Representative for the New Ocoee City Hall Page 2 A14. At this time, the successful representative will not be responsible for managing relocation of offices to the new building. Q 15. Please confirm that the Owner's Representative will be responsible for managing security, networking, and any other low voltage that may be required for the project but not included in D/B scope, A1S. At this time, the successful representative will be responsible for managing this work with a City representative. Q16. Please confirm who the Owner's Representative will primarily report to within the City of Ocoee. A16. The City will determine the point of contact prior to award. Bid Solicitation Chances: 1. Complete the attached Confidential Disclosure Agreement for a public building and include in Section D.11, Submittals -- Firm's Other Forms. "c 61 - rt, CPPB Purchasing Agent cc: Evaluation Committee attachment: Wharton -Smith's contract Confidential Disclosure Agreement All respondents shall acknowledge this addendum in your qualification package by completing the section below and including in Section D.II. Submittals — Firm's Other Forms. Respondent: Signature:_ Name: Title: Addendum#1 RFQ19-007 Owner's Representative for the New Ocoee City Ball Page 3 This Agreement is entered into by and between (hereinafter "Recipient") and the City of Ocoee (hereinafter "City"). Recitals WHEREAS City needs to disseminate certain building plans, blueprints, specifications, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a water treatment facility ("design information"), in order for it to be designed and constructed pursuant to RFQ #19-007 Owner's Representative for the New Ocoee City Hall (the "project"); and WHEREAS, such design information is exempt from public records disclosure requirements of Florida Statutes Section 119.07(l) and s. 24(a), Art. I of the Florida State Constitution. This exemption provides that design information made exempt by law may be disclosed to another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractorwho is performing work on or related to a public building orwater treatment facility; and that the entities or persons receiving such information shall maintain the exempt status; and WHEREAS the Recipient is willing to receive disclosure of the design information pursuant to the terms of this Agreement for the purpose of bidding on the project and/or performing design services; NOW THEREFORE, for good and sufficient consideration the Recipient agrees as follows; 1. The above Recitals are acknowledged by the Recipient and are incorporated herein by reference. 2. Recipient agrees that it shall prevent and protect the design information, or any part thereof, from disclosure as a public record and shall not disclose the design information to any person or entity other than one having a need for disclosure in connection with Recipient's authorized use of the design information for the purposes of submitting a response to the bid solicitation. 3. Recipient agrees to tape all steps reasonably necessary to protect the secrecy of the design information, and to require all entities or persons receiving the design information to maintain its exempt status and to prevent the design information from being disclosed as a public record or coming into the possession of a person or entity that is not authorized. RFQ #19-007 Owner's Representative for the New Ocoee City Hafl Recipient agrees that all design information shall remain the property of City. *All design information and all copies thereof shall be returned to the City not later than thirty (30) days after the bid opening together with a list of all of the names and addresses of all entities or persons to which the design information has been disclosed; or, in the case of a designer, not later than thirty (30) days after the project is -finally completed. Dated this day of , 20— RECIPIENT Signed: Print Name: Title: Company - Address: Phone No: Date: RFQ # 19-007 Owner's Representative for the New Ocoee City Hall NAIA Do2014 AGREEMENT made as of the day of in the year 2018 (In words, Indicate day, month and year.) 8!~TWE>=N the Owner: ADDITIONS AND DELETIONS: (Name, legal status, address and other information) The author of this document has added information needed for its completion, The author may also City of Ocoee tY have revised the text of the original 150 N. Lakeshore Drive AIA standard form. An Additions and Ocoee, Florida 34761 Deletions Report that notes added a Florida municipal corporation information as well as revisions to the standard form text Is available from and the Design -Builder: the author and should be reviewed, A (Name, legal statics, address and other information) vertical line In the left margin of this document Indicates where the author Wharton -Smith, Inc. has added necessary Information 750 Monroe Road and where the author has added to or Sanford, Florida 32771 deleted from the original AIA text. a Florida corporation This document has Important legal consequences. Consultation with an for the following Project: attorney Is encouraged with respect (Name, location and detailed description) to its completion or modification. RFP #18-001 Design -Build Services for New Ocoee City Hal( Consultation with an attorney is also encouraged with respect to professional licensing requirements In the Jurisdiction where the Project is The Owner and Design -Builder agree as follows. located. AIA Document A141n' W 2014. Copyright 0 2004 and 7014 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is Init, protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIAO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at f 9:54:40 ET on 12/21/201 a under Order NoA296692226 which expires on 09106120i8, and Is not forressle. User Notes: (1764438117) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 COMPENSATION AND PROGRESS PAYMENTS 3 GENERAL REQUIREMENTS OF THE WORK OF THE DESIGN -BUILD CONTRACT 4 WORK PRIOR TO EXECUTION OF THE DESIGN -BUILD AMENDMENT 5 WORK FOLLOWING EXECUTION OF THE DESIGN -BUILD AMENDMENT 6 CHANGES IN THE WORK 7 OWNER'S RESPONSIBILITIES 8 TIME 9 PAYMENT APPLICATIONS AND PROJECT COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 UNCOVERING AND CORRECTION OF WORK 12 COPYRIGHTS AND LICENSES 13 TERMINATION OR SUSPENSION 14 CLAIMS AND DISPUTE RESOLUTION 15 MISCELLANEOUS PROVISIONS 16 SCOPE OF THE AGREEMENT TABLE OF EXHIBITS i A DESIGN -BUILD AMENDMENT, as modified, B INSURANCE AND BONDS — Not used, Performance and Payment Bonds shall be on a Public Construction Bond form in compliance with Section 255,05 Florida Statutes, attached as Exhibit #2. C SUSTAINABLE PROJECTS — Not used Exhibits #1- #5 Included in Article 16, and RFP #18.001 Stages 1 & 2 and Design-Bui[der's responses to RFP #18.001 Is incorporated by reference, ARTICLE 1 GENERAL PROVISIONS § 1.1 Owner's Criteria This Agreement is based on the Owner's Criteria set forth in this Section 1.1. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable" or "unknown at time of execution"lj'the Owner intends to provide a set of design documents, and the requested information is contained in the design documents, identify the design documents and insert "see Owner's design documents" where appropriate) § 1.1,1 The Owner's program for the Project: (Set forth the program, identify documentation in which the program is set forth, or state the rnanner in which the program will he developed,) Init. AIA Document A14f rw — 2014, Copydght92004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution ofthls AIA° Document, or any portion of It, may 2 rocult in severe civil and criminal ponalliez, and will be prosecuted to the maximum extent poasiblo under the law. This document was produced by AIA software at 18;54;40 ET on 1212112016 under Order No.4206692226 which expires on 00/08/2019, and is not for resale. User Notes; (1764438117) Per lire Design Criteria Package authored by Zysovich, inc. and tits teens and conditions of the RFP and the Design -Build Fim)'s response to RI',P //18-001 Design -Build Services for Nev Ocoee City Hall; Stage l and Stage 2 § 1.1,2'rfic Owner's design requirements for the Project and related documentation: (Iderrlt'/'y below, or in ern attached c<vhlbil, the docu+nentulion thol contains the Owner's design requirements, inchrclirrgany peC/i�rirturrce,specrlicattous,/t�rthe Pivieeld Per the Design Criteria Package authored by Zysovich, Inc inducted as Exhibit M. § 1.1.3 The Project'$ physical characteristics: (Idenlr•'ljr or descrlbe, if appropriate, size, location, e lnrnnsions, Or other• pertinent it formrition, such us geolechtdccd reports; site, boundray and topogr(tphic ma•vc j�s; 11-1 iC aml lailio, studies; avallubility g1'public• attri private artilities and services; legal descrlpllon of the site; etc.) To be determined. § 1.1.4 The Owner's anticipated Sustainable Objcelive flor the Project, ifany: N/A (Identtfy the Owner's Sustainable Ol?jectivefn. the Project stic•h us Sustoiwrbiti!)r Certificatlntr, bcnelh to the environment, enhmtcelneirt to the: health Bind well-being cf bui/cling occapaws, Or improvement Of energ1' efllcienev, tl' the Owner identifies a Suslrtinable Objective, incorpoi-we Alf Docunnnent A14l 1'^1-2014, Exhibit C, S'tistainrtble Projects, into this flgre>ement 10 difrne tiro terms, conditions raid [Voi* related to the Owner's Sustainable Objective.) None § 1.1.6 Incentive programs the Owner intends to pursue rot, the Projcet, including thostl related to the sustainable Objective, and any deadlines for receiving the inccn(ives that ttre dependent oil, or related to, the Design -Builder's services, are as follows: (Idetllifv incentive programs the Owner inlends to pursue for /he Project and deadlines fin• subntit(bw Or (11vt ring fin• the incentive programs) None § 1,1.6 The Owner's budget rot, the Work to be provided by the Design -Builder is set forth below: (Provi(le toia)jar Owner's budget, and ifknown, a liner item break(lotrrr of Costs,) Total I)foject budget for design and construction V0,000,000.00 § 1.1,7 The Owner's design and construction milestone dates: .1 Design phase milestone dates: .2 Submission ofDcsign-Builder Proposal: ,3 Phased completion) states: To be dewrinined A Substantial Connpletion date: Complefion slates will be established upon execution of Exhibit A — Price Amendinent (11tt, AIA Document A141 j° - 2014. Copyright @ 2094 and 2014 by The American institute of Architects, All rights reserved. WARNING. This AIAe, Document is protected by U.S. Copyright Law and International Treatles. Unaulhothad reproduction or distribution of this AIA' Document, or ally portion of it, may result hr aovaro civil and criimlrtal penalties, and will be prosecuted to the maximum extent possllAo under the law. This document was produced by AIA t software at 18:54:40 ET on 12/21/20 M under Order No.4290692220 which expires on 0910012019, and Is not for resale. (17644381 t 7) User Notes; ,S Other milestone dates: § 1.i.8 Tile Owner requires the Design -Builder to retain the following Architect, Consultants and Contractors at the Design -Builder's cost: (List name, legal status, address and other information) ,1 Architect HuntonBrady Architects 800 N. Magnolia Ave., Suite 600 Orlando, Florida 32803 .2 Consultants S&ME — Civil Engineering and Landscape Architecture BBM-- Structural Engineering SGM Engineering — Mechanical, Electrical, Plumbing, and Fire protection engineering and commissioning services ,3 Contractors The General Contractor Services shall be performed by Wharton -Smith, Inc. Subcontractors will be selected at a later date. § 1.1,9 Additional Owner's Criteria upon which the Agreement is based: (Identify special characteristics or needs of the Project not identified elsewhere, such as historic preservation requirements.) § 1.1.10 The Design -Builder shall confirm that the information included in the Owner's Criteria complies with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. § 1.1.10.1 If the Owner's Criteria conflicts with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Design -Builder shall notify the Owner of the conflict. § 1.1.11 If there is a change in the Owner's Criteria, the Owner and the Design -Builder shall execute a Modification in accordance with Article 6. (Paragraph deleted) § 1,2 project Team § 1.2.1 The Owner identifies the following representative in accordance with Section 7.1.1: (.List name, address and other information) Mr. A] Butler, Owner's Representative, Support Services Director City of Ocoee 150 N. Lakeshore Drive Ocoee, Florida 34761 (407)554-7063 § 112 The persons or entities, in addition to the Owner's representative, who are required to review the Design -Builder's Submittals are as follows: lnit. AIA Document A1411' — 2014. Copyright@ 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIAo Document Is pratected by Us, copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may 4 result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA i software at 18:54,40 ET on 12/2112018 under Order No.4296692225 which expires on 0910612019, and is not for roaafe. User Notes: (1764438117) (List name, address and other information.) .Cohn Cunningham, Managing Principal, Orlando zyscovich, Inc. 250 S. Park Avenue, Suite S 10 Winter Park, Florida 32789 § 1.2.3 The Owner will retain the following consultants and separate contractors: (List discipline, scope of work, and, if known, identify by name and address.) S&ME Inc. for design of site improvements as part of the Lakefront Park design. Contractor to be determined at a later date for site improvements as part of the Lakefront Park project. § 1,2.4 The Design -Builder identifies the following representative in accordance with Section 3.1,2: (List name, address and other information) Rick Bundy Wharton -Smith, Inc. 750 Monroe Road Sanford, Florida 32771 407-321-8410 § 1.2.6 Neither the Owner's nor the Design -Builder's representative shall be changed without ten days' written notice to the other party. § 1.3 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 14.3, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Design -Builder do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 14A [X ] Litigation in a court of competent jurisdiction ( ] Other: (Specify) The prevailing party in any dispute arising from this agreement shall be entitled to the recovery of its reasonable attorney's fees and costs from the non -prevailing party incurred in any formal legal proceedings, including but not limited to any appeals. § 1.4 Definitions § 1.4.1 Design -Build Documents, The Design -Build Documents consist of this Agreement between Owner and Design -Builder and its attached Exhibits (hereinafter, the "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, including the Design -Build Amendment, (2) a Change Order, or (3) a Change Directive. § 1.4,2 The Contract. The Design -Build Documents form the Contract. The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The Contractmay be amended or modified only by a Modification. The Design -Build Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Design -Builder. AIA Document A141 "' — 2014. Copyright ©2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING. This AIA° Document Is (nit' protected by U,S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAo Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was ptoduced by AIA t software at 18:54:40 ET on 12/21/2018 under Order No.4295692220 which expires on 0910812019, and Is not for resale, User Notes; (1764438117) § 1.43 The Work, The term "Work" means the design, construction and related services required to fulfill the Design -Builder's obligations under the Design -Build Documents, whether completed or partially completed, and includes all labor, materials, equipment and services provided or to be provided by the Design -Builder. The Work may constitute the whole or a part of the Project. § 1.4.4 The Project, The Project is the total design and construction of which the Work performed under the Design -Build Documents may be the whole or a part, and may include design and construction by the Owner and by separate contractors, § 1.4.5Instruments 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 Design -Builder, Contractor(s), Architect, and Consultant(s) under their respective agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, digital models and other similar materials. § 1.4,6 Submittal, A Submittal is any submission to the Owner for review and approval demonstrating how the Design -Builder proposes to conform to the Design -Build Documents for those portions of the Work for which the Design -Build Documents require Submittals, Submittals include, but are not limited to, shop drawings, product data, and samples. Submittals are not Design -Build Documents unless incorporated into a Modification. § 1,4,7 Owner. The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Design -Build Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. § 1,4,8 Design -Builder. The Design -Builder is the person or entity identified as such in the Agreement and is referred to throughout the Design -Build Documents as if singular in number. The term "Design -Builder" means the Design -Builder or the Design -Builder's authorized representative, § 1,4,9 Consultant. A Consultant is a person or entity providing professional services for the Design -Builder for all or a portion of the Work, and is referred to throughout the Design -Build Documents as if singular in number. To the extent required by the relevant jurisdiction, the Consultant shall be lawfully licensed to provide the required professional services, § 1.4.10 Architect, The Architect is a person or entity providing design services for the Design -Builder for all or a portion of the Work, and is lawfully licensed to practice architecture in the applicable jurisdiction, The Architect is referred to throughout the Design -Build Documents as if singular in number, § 1A.11 Contractor. A Contractor is a person or entity perforating all or a portion of the construction, required in connection with the Work, for the Design -Builder, The Contractor shall be lawfully licensed,. if required in the jurisdiction where the Project is located, The Contractor is referred to throughout the Design -Build Documents as if singular in number and means a Contractor or an authorized representative of the Contractor. § 1,02 Confidential information. Confidential Information is information containing confidential or business proprietary information that is clearly marked as "confidential," § iAA3 Contract Time, Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, as set forth in the Design -Build Amendment for Substantial Completion of the Work, § 14,14 Day, The term "day" as used in the Design -Build Documents shall mean calendar day unless otherwise specifically defined, § 1.4.15 Contract Sum. The Contract Sum is the amount to be paid to the Design -Builder for performance of the Work aater execution of the Design -Build Amendment, as identified in Article A.1 of the Design -Build Amendment, AIA Document A141"- — 2014, CopyrighM2004 and 2014 by The American Institute of Architects, All rights reserved, WARNING; This AIA° Document Is Init. protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AiAa Document, or any portion of it, may 6 result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA 1 software at 18:54:40 ET on 12121/2018 under Order NoA296692226 which expires on 09/0612019, and is not for resale. User Notes: (1764438117) ARTICLE 2 COMPENSATION AND PROGRESS PAYMENTS § 2.1 Compensation for Work Performed Prior To Execution of Design -Build Amendment § 2.1.1 Unless otherwise agreed, payments for Work performed prior to Execution of the Design -Build Amendment shall be made monthly. For the Design -Builder's performance of Work prior to the execution of the Design -Build Amendment, the Owner shall compensate the Design -Builder as follows: (Insert amount of, or basis far, compensation, including compensation for any S'ustainability .Services, or indicate the exhibit in which the information is provided. If there will be a limn on the total amount of compensation for Work performed prior to the execution of the Design -Build Amendment, state the amount of the if+nit,) See Exhibit #l4 Design -Builder's Pre -Construction Services Proposal including Design -Builder's Compensation, prior to execution of the Design -Build Amendment § 2.1.2 The hourly billing, rates for services of the Design -Builder and the Design -Builder's Architect, Consultants and Contractors, if any, are set forth below, (If applicable, attach an exhibit of hourly billing rates or insert them below.) N/A Individual or Position Rate § 2.1.3 Compensation for Reimbursable Expenses Prior To Execution of Design -Build Amendment § 2.1.3,1 Reimbursable Expenses are in addition to compensation set forth in Section 2.1.1 and 2.1,2 and include expenses, directly related to the Project, incurred by the Design -Builder and the Design -Builder's Architect, Consultants, and Contractors, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; A Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; ,ti Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; ,7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner; .8 All taxes levied on professional services and on reimbursable expenses; and ,9 Other Project -related expenditures, if authorized in advance by the Owner, § 2.1.3.2 For Reimbursable Expenses, the compensation shall be the expenses the Design -Builder and the Design -Builder's Architect, Consultants and Contractors incurred, plus an administrative fee of percent ( %) of the expenses incurred. § 2AA Payments to the Design -Builder Prior To Execution of Design -Build Amendment § 2.1.4.1 Payments are due and payable upon presentation of the Design -Builder's properly submitted and approved invoice. Amounts unpaid twenty-five ( 25 ) business days after the properly submitted and approved invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Design -Builder. Progress Payments. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's properly submitted and approved Applications for Payment, as recommended by Owner's Representative, not later than the Twenty-fifth (25th) business day after the date on which the properly submitted Application For Payment is initially received by the Owner, All such progress payments will be on the basis of the progress of the work measured by the Schedule of Values and in the case of Unit Price, work based on the number of units completed and included in Contractor's qualifications submittals. Progress payments will be made in an amount equal to the percentage indicated in the paragraph below, but, in each case, less the aggregate of payments previously made and less such amounts as Owner's Representative shall determine, or Owner may withhold, AIA document A1411° —2014. Copyright ©2004 and 2014 by The American Institute of Architects, All rights reserved. WARNING: This AiAo Document Is Init. protected by U.S, Copyright Law and International Treaties. unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may 7 result In severe civil and criminal penalties, and will be proseeutad to the maximum extent possibie under the law, This document was produced by AIA t software at 18:64:40 ET on 12/21/2018 under Order No,4298692226 which expires on 09/0612019. and is not for resale. User Notae: (17s4438117) Progress payments shall be equal to ninety percent (90%) of the value of work completed, and ninety percent (90%) of the value of materials and equipment not incorporated into the work but delivered and suitably stored and accompanied by documentation satisfactory to Owner with the balance of the value of the work being retainage. However, when the work has reached the point of being fifty percent (50%) complete, the retainage may not exceed five percent (5%) of the value of the work completed. No retainage will be held on the Design -Builder's Preeonstruction Services fee. Final Payment - Upon final completion and acceptance of the work Owner shall pay Contractor an amount sufficient to increase total payments to 100 percent of the Contract Price. However, not less than two percent (2%) of the contract price shall be retained until Record Drawings, specifications, addenda, modifications and shop drawings, including all manufacturers instructional and parts manuals, are delivered to and accepted by the Owner's Representative. (Insert rate of monthly or annual interest agreed upon.) 6.09 % § 2.1.4,2 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the owner at mutually convenient times for a period of four years following completion of the Design -Build Amendment or termination of this Agreement, whichever occurs first. § 2.2 Contract Sum and payment for Work Performed After Execution of Design -Build Amendment For the Design -Builder's performance of the Work after execution of the Design -Build Amendment, the Owner shall pay to the Design -Builder the Contract Sum in current funds as agreed in the Design -Build Amendment, ARTICLE 3 GENERAL REQUIREMENTS OF THE WORK OF THE DESIGN -BUILD CONTRACT § 3.1 General § VA The Design -Builder shall comply with any applicable licensing requirements in the jurisdiction where the Project is located. § 3.1.2 The Design -Builder shall designate in writing a representative who is authorized to act on the Design -Builder's behalf with respect to the Project. § 3.1,3 The Design -Builder shall perform the Work in accordance with the Design -Build Documents. The Design -Builder shall not be relieved of the obligation to perform the Work in accordance with the Design -Build Documents by the activities, tests, inspections or approvals of the Owner. § 3.1.3.1 The Design -Builder shall perform the Work in compliance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. If the Design -Builder performs Work contrary to applicable laws, statutes, ordinances, codes, toles and regulations, and lawful orders of public authorities, the Design -Builder shall assume responsibility for such Work and shall bear the costs attributable to correction, § 3.1.3.2 Neither the Design -Builder nor any Contractor, Consultant, or Architect shall be obligated to perform any act which they believe will violate any applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. if the Design -Builder determines that implementation of any instruction received from the Owner, including those in the Owner's Criteria, would cause a violation of any applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Design -Builder shall notify the Owner in writing. Upon verification by the Owner that a change to the Owner's Criteria is required to remedy the violation, the Owner and the Design -Builder shall execute a Modification in accordance with Article 6. § 31.4 The Design -Builder shall be responsible to the Owner for acts and omissions of the Design -Builder's employees, Architect, Consultants, Contractors, and their agents and employees, and other persons or entities performing portions of the Work. § 3.1.5 General Consultation. The Design -Builder shall schedule and conduct periodic meetings with the Owner to review matters such as procedures, progress, coordination, and scheduling of the Work. Init. AIA document A141T0 — 2014, Copyright ©2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and international Treatios. Unautharized reproduction or distribution of this AIA® Document, or any portion of it, may 8 result in severe civil and criminal penalties, and will be prosecuted to tho maximum extent possible under the law. This document was produced by AIA I software at 18:54:40 ET on 12/2112018 under Order No.4296692226 which expires on 09/06/2019, and Is not for resale, User Notos: (176443811 y) § 3.1.5 When applicable law requires that services be performed by licensed professionals, the Design -Builder shall provide those services through qualified, licensed professionals. The Owner understands and agrees that the services of the Design -Builder's Architect and the Design -Builder's other Consultants are performed in the sole interest of, and for the exclusive benefit of, the Design, -Builder. § 3.1.7 The Design -Builder, with the assistance of the Owner, shall prepare and file documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project. § 3.1.8 Progress Reports § 3.1.8.1 The Design -Builder shall keep the Owner informed of the progress and quality of the Work. On a monthly basis, or otherwise as agreed to by the Owner and Design -Builder, the Design -Builder shall submit written progress reports to the Owner, showing estimated percentages of completion and other information identified below: .1 Work completed for the period; .2 Project schedule status; .3 Submittal schedule and status report, including a summary of outstanding Submittals; .4 Responses to requests for information to be provided by the Owner; ,5 Approved Change Orders and Change Directives; .B Pending Change Order and Change Directive status reports; .7 Tests and inspection reports; ,8 Status report of Work rejected by the Owner; .9 Status of Claims previously submitted in accordance with Article 14; .10 Cumulative total of the Cost of the Work to date including the Design -Builder's compensation and Reimbursable Expenses, if any; .11 Current Project cash -flow and forecast rcports; and .12 Additional information as agreed to by the Owner and Design -Builder. § 3.1,8,2 In addition, where the Contract Sum is the Cost of the Work with or without a Guaranteed Maximum Price, the Design -Builder shall include the following additional information in its progress reports: .1 Design -Builder's work force report; .2 Equipment utilization report; and .3 Cost summary, comparing actual costs to updated cost estimates. § 3.1,9 Design -Builder's Schedules § 3.1,9.1 The Design -Builder, promptly after execution of this Agreement, shall prepare and submit for the Owner's information a schedule for the Work. The schedule, including the time required for design and construction, shall not exceed time limits current under the Design -Build Documents, shalt 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 Design -Build Documents, shall provide for expeditious and practicable execution of the Work, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. § 3.1.9.2 The Design -Builder shall perform the Work in general accordance with the most recent schedules submitted to the Owner, § 3.1,10 Certifications, Upon the Owner's written request, the Design -Builder shall obtain from the Architect, Consultants, and Contractors, and furnish to the Owner, certifications with respect to the documents and services provided by the Architect, Consultants, and Contractors (a) that, to the best of their knowledge, information and belief, the documents or services to which the certifications relate (i) are consistent with the Design -Build Documents, except to the extent specifically identified in the certificate, and (ii) comply with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities governing the design of the Project; and (b) that the Owner and its consultants shall be entitled to rely upon the accuracy of the representations and statements contained in the certifications. The Design -Builder's Architect, Consultants, and Contractors shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of their services. § 3.1,11 Design -Builder's Submittals § 3.1,11,1 Prior to submission of any Submittals, the Design -Builder shall prepare a Submittal schedule, and shall submit the schedule for the Owner's approval. The Owner's approval shall not unreasonably be delayed or withheld. Init. AIA Document A141 T° — 2014. Copydghtm 2004 and 2014 by The American Institute otArchitects. All rights reserved. WARNING; Thin AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of It, may result Inaevare civil and criminal penalties, and will ba proaccutsd to the maximum extont possible under the law. Thin document was produced by AIA software at 18:64:40 ET on 12/21/2018 under Order No.4206602226 which expires on 00/06/2010, and is not for resale. user Notes: (1764438117) The Submittal schedule shall (I) be coordinated with the Design -Builder's schedule provided in Section 3.I,9.1, (2) allow the Owner reasonable time to review Submittals, and (3) be periodically updated to reflect the progress of the Work. If the Design -Builder fails to submit a Submittal schedule, the Design -Builder shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of Submittals. § 3.1.11.2 By providing Submittals the Design -Builder represents to the Owner that it has (1) reviewed and approved theta, (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 Design -Build Documents, § 3.1M.3 The Design -Builder shall perform no portion ofthe Work for which the Design -Build Documents require Submittals until the Owner has approved the respective Submittal, § 11,11.4 The Work shall be in accordance with approved Submittals except that the Design -Builder shall not be relieved of its responsibility to perform the Work consistent with the requirements ofthe Design -Build Documents, The Work may deviate from the Design -Build Documents only if the Design -Builder has notified the Owner in writing of a deviation from the Design -Build Documents at the time of the Submittal and a Modification is executed authorizing the identified deviation, The Design -Builder shall not be relieved ofresponsibility for errors or omissions in Submittals by the Owner's approval ofthe Submittals. § 3,1.11.5 All professional design services or certifications to be provided by the Design -Builder, including all drawings, calculations, specifications, certifications, shop drawings and other Submittals, shall contain the signature and seal ofthe licensed design professional preparing them. Submittals related to the Work designed or certified by the licensed design professionals, if prepared by others, shall bear the licensed design professional's written approval, The Owner and its consultants shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 3.1.12 Warranty. The Design -Builder warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless the Design -Build Documents require or permit otherwise. The Design -Builder further warrants that the Work will conform to the requirements of the Design -Build Documents and will be free from defects, except for those inherent in the quality of the Work or otherwise expressly permitted by the Design -Build Documents. Work, materials, or equipment not conforming to these requirements may be considered defective. The Design -Builder's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Design -Builder, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage, If required by the Owner, the Design -Builder shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3,1.13 Royalties, Patents and Copyrights § 11,13.1 The Design -Builder shall pay all roy attics and license fees. § 3.1.13.2 The Design -Builder shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and its separate contractors and consultants harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Owner, or where the copyright violations are required in the Owner's Criteria, However, if the Design -Builder has reason to believe that the design, process or product required in the Owner's Criteria is an infringement of a copyright or a patent, the Design -Builder shall be responsible for such loss unless such information is promptly furnished to the Owner, If the Owner receives notice from a patent or copyright owner of an alleged violation of a patent or copyright, attributable to the Design -Builder, the Owner shall give prompt written notice to the Design -Builder. § 3.1.14 Indemnification § 3.1.14.1 To the fullest extent permitted by law, the Design -Builder shall indemnify and hold harmless the Owner, including the Owner's agents and employees, 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, but only to the extent caused by the negligent acts or omissions of the Design -Builder, Architect, a Consultant, a Contractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, Such obligation shall not be construed to (nit. AiA Document A14ilu — 2014, Copyright 02004 and 2014 by Ths American Institute of Archliects, All rights reserved. WARNING. This AIM' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAO Document, or any pardon of it, may 10 result In severe civil and criminal penalties, and will he prosecuted 10 the maximum extent possibla under the law. This documentwas produced by AiA i software at 18:54;40 El' on 12121 tZ018 under Order No.4296692226 whlch expires on 0910612019, and is not for resale, User Notes: (i764438117) negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.1,14. § 3.1.14.2 The indemnification obligation under this Section 3.1.14 shall not be limited by a limitation on amount or type of damages, compensation, orbenefits payableby or forDesign-Builder, Architect, a Consultant, a Contractor, or anyone directly or indirectly employed by them, under workers' compensation acts, disability benefit acts or other employee benefit acts. § 3.1,15 Contingent Assignment of Agreements § 3.1,15.1 Each agreement for a portion of the Work is assigned by the Design -Builder to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause, pursuant to Sections 13.1 A or 13.2.2, and only for those agreements that the Owner accepts by written notification to the Design -Builder and the Architect, Consultants, and Contractors whose agreements are accepted for assignment; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of an agreement, the Owner assumes the Design -Builder's rights and obligations under the agreement. § 3.1.15,2 Upon such assignment, if the Work has been suspended for more than 30 days, the compensation under the assigned agreement shall be equitably adjusted for increases in cost resulting from the suspension. § 11,15.3 Upon such assignment to the Owner under this Section 3.1.15, the Owner may further assign the agreement to a successor design -builder or other entity. If the Owner assigns the agreement to a successor design -builder or other entity, the Owner shall nevertheless remain legally responsible for all of the successor design -builder's or other entity's obligations under the agreement. § 3.1.16 Design -Builder's Insurance and Bonds. The Design -Builder shall purchase and maintain insurance, including Builder's Risk coverage and provide performance and payment bonds on a Public Construction Bond form in compliance with Section 255,05 Florida Statutes, attached as Exhibit #2, in coverages as required and set forth in RFP #18-001 Design -Build Services for new Ocoee City Hall Stage 1 and 2. INSURANCE: The Design -Builder shall be required to provide evidence of Builder's Risk, General (Public & Property) Liability, Automobile, and Professional (Design Errors and Omissions $3 million) Liability insurance in the form of a Certificate of Insurance issued on behalf of the City of Ocoee and naming the City as an additional insured, by companies acceptable to the City at the minimum limits and coverages listed below with deductible amounts acceptable to the City. The selected Contractor shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Contractor allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best's Rating of "A" or better and a Financial Size Category of "VIP' or better according to the A.M. Best Company. Policies for Workers' Compensation may be issued by companies authorized as a group self -insurer by F.S. 440,57, Florida Statutes. 1. Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor and/or subcontractor providing such insurance, 2. Workers' Compensation Insurance: The Contractor shall obtain during the life of this Agreement, Worker's Compensation Insurance with Employer's Liability Limits of $500,0001$500,0001$500,000 for all the Contractor's employees connected with the work of this project and, in the event any work is sublet, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor, Such insuranee shall comply fully with the Florida Workers' Compensation Law. In case any class of tnlG AIA Document A141TM — 2014. CopyrightQ 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or diatribuUon of this AIAm Document, or any portion of It, may 11 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA i software at 18:54:40 ET on 12f211201 B under Order No.4206692226 which expires an 09106/2019, and is not for resole. User Notes: (1764438117) employees engaged in hazardous work under this contract for the City is not protected under the Workers' Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the City, for the protection of the Contractor's employees not otherwise protected. Include Waiver of Subrogation in favor of the City of Ocoee. 3, Contractor's Public Liability and Property Damage Insurance: The Contractor shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the Contractor and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor, and the amounts of such insurance shall be the minimum limits as follows: 4. Builder's Risk: This policy should be listed on an Evidence of Property form for the 100% Completed Value Cost, naming the City as an additional insured. Automobile Bodily Injury Liability & Property Damage Liability • $1,000,000 Combined single limit per occurrence (each person, each accident) • All covered automobile will be covered via symbol I Liability coverage will include hired & non -owned automobile liability Include Waiver of Subrogation in favor of The City of Ocoee 6. Comprehensive General Liability (Occurrence Form) - This policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Contractor is primary and non-contributory. + $2,000,000 GENERAL AGGREGATE • $2,000,000 PRODUCTS -COMPLETED OPERATIONS AGGREGATE • $1,000,000 PER OCCURRENCE • $1,000,000 PERSONAL & ADVERTISING INJURY • Include Waiver of Subrogation in favor of the City of Ocoee 7. Subcontractor's Comprehensive General Liability, Automobile Liability and Worker's Compensation Insurance: The Contractor shall require each subcontractor to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subcontractors in the Contractor's policy, as specified above. 81 Owner's Protective Liability Insurance: As applicable for construction projects, providing coverage for the named insured's liability that arises out of operations performed for the named insured by independent contractors and are directly imposed because of the named insured's general supervision of the independent contractor. The Contractor shall procure and furnish an Owner's Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence, $2,000,000. Aggregate and naming the City of Ocoee as the Named Insured. 4. Contractual Liability: If the project is not bonded, the Contractor's insurance shall also include contractual liability coverage to insure the fulfillment of the contract. NOTE: PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURER. • $1,000,000 PER OCCURRENCE • $2,000,000 AGGREGATE Commercial Umbrella: • Minimum $5,000,000 • Including Employer's Liability and Contractual Liability 10. Certificates of Insurance: Certificate of Insurance Form, naming the City of Ocoee as an additional insured will be furnished by the Contractor upon notice of award, These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Agent, This certificate shall be dated and show: Init AIA Document A141- — 2014. Copyright O 2004 and 2014 by The American Inslllute, of Architects. All rights reserved. WARNING: This AIA°' Document is protected by U.S, Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIAs Document, or any portion of It, may 12 result in severe civil and criminal panaltles, and will be prosecuted to the maximum extent passible under the law. This document was produced by AIA ! software at 18:54:40 ET on 12/21/2016 under Order NoA296692226 which expires on 09l0612019, and is not for resale. (1764438117) User Notes: The name of the insured Contractor, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, and its termination date, Statement that the insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in provisions or cancellation of the policy, except ten (30) days written notice of cancellation for non-payment of premium. BONDS: a. The Design -Builder shall furnish the City with a State of Florida 100% Performance and a 100% Payment Bond written by a Surety Company acceptable to the City. Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed agent who holds a current Power of Attorney from the surety company issuing the bond. The Public Construction Bond form in compliance with Section 255,05 Florida Statutes will be included as part of the contract, b. The cost of. the Payment and Performance Bonds shall be borne by the Successful Respondent. The bonds shall be accompanied by duly authenticated or certified documents, in duplicate, evidencing that the person executing the Bonds in behalf of the Surety had the authority to do so on the date of the bonds. The date of the certification cannot be earlier than the Agreement. C. State of Florida Statute 255,05 will apply to this contract, Once Design -Builder receives the fully executed contract and dated bonds from the City, Design -Builder is required to record the performance and payment bonds with the public records of Orange County. Design -Builder is required to provide the City with a certified copy of the recorded bonds before the City can issue the Notice to Proceed or make any payment for this project. ARTICLE 4 WORK PRIOR TO EXECUTION OF THE DESIGN -BUILD AMENDMENT § 4.1 General § 4A.1 Any information submitted by the Design -Builder, and any interim decisions made by the Owner, shall be for the purpose of facilitating the design process and shall not modify the Owner's Criteria unless the Owner and Design -Builder execute a Modification. § 4.1.2 The Design -Builder shall advise the Owner on proposed site use and improvements, selection of materials, and building systems and equipment. The Design -Builder shall also provide the Owner with recommendations, consistent with the Owner's Criteria, on constructability; availability of materials and labor; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life -cycle data, and possible cost reductions. § 4,2 Evaluation of the Owner's Criteria § 4.2.1 The Design -Builder shall schedule and conduct meetings with the Owner and any other necessary individuals or entities to discuss and review the Owner's Criteria as set forth in Section l ,I,The Design -Builder shall thereafter again meet with the Owner to discuss a preliminary evaluation of the Owner's Criteria. The preliminary evaluation shall address possible alternative approaches to design and construction of the Project and include the Design -Builder's recommendations, if any, with regard to accelerated or fast -track scheduling, procurement, or phased construction. The preliminary evaluation shall consider cost information, constructability, and procurement and construction scheduling issues. § 4.2,2 After the Design -Builder meets with the Owner and presents the preliminary evaluation, the Design -Builder shall provide a written report to the Owner, summarizing the Design -Builder's evaluation of the Owner's Criteria. The report shall also include .1 allocations of program functions, detailing each function and their square foot areas; .2 a preliminary estimate of the Cost of the Work, and, if necessary, recommendations to adjust the Owner's Criteria to conform to the Owner's budget; .3 apreliminary schedule, which shall include proposed design milestones; dates for receiving additional information from, or for work to be completed by, the Owner; anticipated date for the Design -Builder's Proposal; and dates of periodic design review sessions with the Owner; and 4 the following: (List additional information, if any, to be Included in the Design -Builder's written report.) Init AiA Document A141— —2014. Copyright 02004 and 2p14 by The American Institute of Architects. All rights reserved. WARNING. This AIAo Document is protactod by U.S. Copyright Law and international Treaties, Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may 13 result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA 1 software at 16a+4t40 ET on 12/21/2010 under Order No.4296692226 which expires on 09/06/2019, and Is not for resale. User Notes, (1764436117) § 413 The Owner shall review the Design -Builder's written report and, if acceptable, provide the Design -Builder with written consent to proceed to the development of the Preliminary Design as described in Section 4.3, Tlie consent to proceed shall not be understood to modify the Owner's Criteria unless the Owner and Design -Builder execute a Modification, § 4.3 Preliminary Design § 4.3.1 Upon die Owner's issuance of a written consent to proceed under Section 4.2.3, the Design -Builder shall prepare and submit a Preliminary Design to the Owner, The Preliminary Design shall include a report identifying any deviations from the Owner's Criteria, and shall include the following: A Confirmation of the allocations of program functions; .2 Site plan; .3 Building plans, sections and elevations; ,4 Structural system; .5 Selections of major building systems, including but not limited to mechanical, electrical and plumbing systems; and .6 Outline specifications or sufficient drawing notes describing construction materials. The Preliminary Design may include some combination of physical study models, perspective sketches, or digital modeling. § 4.3,2 The Owner shall review the Preliminary Design and, if acceptable, provide the Design -Builder with written consent to proceed to development of the Design -Builder's Proposal. The Preliminary Design shall not modify the Owner's Criteria unless the Owner and Design -Builder execute a Modification. § 4A Design-Bulider's Proposal § 4.4.1 Upon the Owner's issuance of a written consent to proceed under Section 4.3.2, the Design -Builder shall prepare and submit the Design -Builder's Proposal to the Owner, The Design -Builder's Proposal shall include the following: ,1 A list of the Preliminary Design documents and other information, including the Design -Builder's clarifications, assumptions and deviations from the Owner's Criteria, upon which the Design -Builder's Proposal is based; ,2 The proposed Contract Sum, including the compensation method and, if based upon the Cost of the Work plus a fee, a written statement of estimated cost organized by trade categories, allowances, contingencies, Design -Builder's Fee, and other items that comprise the Contract Sum; .3 The proposed date the Design -Builder shall achieve Substantial Completion; .4 An enumeration of any qualifications and exclusions, if applicable; .5 A list of the Design -Builder's key personnel, Contractors and suppliers; and ,6 The date on which the Design -Builder's Proposal expires, § 4.4,2 Submission of the Design -Builder's Proposal shall constitute a representation by the Design -Builder that it has visited the site and become familiar with local conditions under which the Work is to be completed. § 4.4.3 If the Owner and Design -Builder agree on a proposal, the Owner and Design -Builder shall execute the Design -Build Amendment setting forth the terms of their agreement, ARTICLES WORK FOLLOWING EXECUTION OF THE DESIGN -BUILD AMENDMENT § 51 Construction Documents § 5,1,1 Upon the execution of the Design -Build Amendment, the Design -Builder shall prepare Construction Documents. The Construction Documents shall establish the quality levels of materials and systems required, The Construction Documents shall be consistent with the Design -Build Documents. § 5.1,2 The Design -Builder shall provide the Construction Documents to the Owner for the Owner's information. If the Owner discovers any deviations between the Construction Documents and the Design -Build Documents, the Owner shall promptly notify the Design -Builder of such deviations in writing, The Construction Documents shall not modify the Design -Build Documents unless the Owner and Design -Builder execute a Modification. The failure of the Owner to discover any such deviations shall not relieve the Design -Builder of the obligation to perform the Work in accordance with the Design -Build Documents, Iplt, AIADocument A141 ^ — 2014, Copyright ®2004 and 2014 by The American Institute of Architects, All rights reserved. WARNING; Thls AW Document is protected by U.S. Copyright Law and international Troatles. Unauthorized reproduction or distribution of this AIAD Document, or any portion of It, may 14 result in severe civil and criminal penalties, and will he prosecuted to the maximum axtent possible under the law. This document was produced by A,A 1 saftware at 18:64:40 ET on U12112018 under Order No.4296602226 which expires on 0910612019, and 1s not for resale, (1764436117) User Notes'. § 5.2 Construction § 5,2.4 Commencement. Except as permitted in Section 5.2,2, construction shall not commence prior to execution of the Design -Build Amendment, § 5.2.2If the Owner and Design -Builder agree in writing, construction may proceed prior to the execution ofthe Design -Build Amendment, However, such authorization shall not waive the Owner's right to reject the Design -Builder's Proposal, § 5.2.3 The Design -Builder shall supervise and direct the Work, using the Design -Builder's best skill and attention, The Design -Builder 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 Design -Build Documents give other specific instructions concerning these matters, § 5,2A The Design -Builder shall be responsible forinspection ofportions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 5.3 Labor and Materials § 6.3.1 Unless otherwise provided in the Design -Build Documents, the Design -Builder 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. § 5.3.2 When a material or system is specified in the Design -Build Documents, the Design -Builder may make substitutions only in accordance with Article 6, § 5,3,3 The Design -Builder shall enforce strict discipline and good order among the Design -Builder's employees and other persons carrying out the Work, The Design -Builder shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them, § 5.4 Taxes The Design -Builder shall pay sales, consumer, use and similar taxes, for the Work provided by the Design�Builder, that are legally enacted when the Design -Build Amendment is executed, whether or not yet effective or merely scheduled to go into effect. The Design -Builder shall provide and manage an Owner Direct Purchase Program to allow for the Owner (City) to purchase most materials and equipment for this project without State of Florida sales tax in accordance with the Florida Department of Revenue regulations. It is allowable for direct purchase of construction materials by a governmental entity pursuant to 212,08(6), F.S. and Rule 12A-1.094, F.A.C. The Design -Builder shall list the Owner as an Additional Insured on their Builder's Risk Insurance Policy for this project, The procedures for the Direct Purchase Program are as follows: 1. Direct Purchase Order: The City will issue a Purchase Order directly to the applicable vendor supplying the materials the Design -Builder will use for this project, A copy of the City's Florida Consumer's Certificate of Exemption will accompany the Purchase Order to the vendor. The vendor's quote shall accompany the requisition. 2, Certificate ofEntittement: The City shall issue a Certificate of Entitlement to each applicable vendor. A Certificate of Entitlement shall accompany each purchase order, with a copy to the Design -Builder. 3, Direct Invoice; The vendor's invoice must be issued to the City and not the Design -Builder, 4, Direct Payment: The City must make payment directly to the vendor from public funds, g. Passage of Title: The City will acquire title to the materials from the vendor upon delivery to the jobsite. 6. Assumption of the Risk of boss: The City is named as an additional insured on the Design -Builder's builder's risk insurance policy. 7. Impact on Contract Sum for Owner Direct purchases: The total contract sum shall be reduced for both the cost plus sales tax saved for all Owner Direct purchased materials and equipment, § 5.5 Penults, Fees, Notices and Compliance with Laws § 5.5.1 Unless otherwise provided in the Design -Build Documents, the Design -Builder shall secure and pay for the building permit as well as any other permits, fees, licenses, and inspections by government agencies, necessary for proper execution of the Work and Substantial Completion of the Project. AIA Document A141 m — 2014. Copyright ®2004 and 2014 by The American Insi tuta of Architects. All rights reserved. WARNING: This AIA° Document Is Intt. protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AIAv Document, or any portion of it, may 5 result In severe civil and criminal penalties, and will he prosecuted to the maximum extent possible under the taw, This document was produced by AIA I software at 18:64:40 ET on 1212112018 under order No,4206602226 which expires on 0910612019, and is not for resale, (17K4438t 17) User Notes: § 5.5.2 The Design -Builder 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, § 5.5.3 Concealed or Unknown Conditions, If the Design -Builder encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Design -Build Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Design -Build Documents, the Design -Builder shall promptly provide notice to the Owner before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Owner shall promptly investigate such conditions and, if the Owner determines that they differ materially and cause an increase or decrease in the Design -Builder's cost of, or time required for, performance of any part of the Work, shall recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Owner determines that the conditions at the site are not materially different from those indicated in the Dcsign-Build Documents and that no change in the terms of the Contract is justified, the Owner sbalI promptly notify the Design -Builder in writing, stating the reasons. If the Design -Builder disputes the Owner's determination or recommendation, the Design -Builder may proceed as provided in Article 14. § 5.5.4 If, in the course of the Work, the Design -Builder encounters human remains, or recognizes the existence of burial markers, archaeological sites, or wetlands, not indicated in the Design -Build Documents, the Design -Builder shall immediately suspend any operations that would affect them and shall notify the Owner. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Design -Builder shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 14. § 5.6 Allowances § 5,6.1 The Design -Builder shall include in the Contract Sum all allowances stated in the Design -Build Documents, items covered by allowances shall be supplied for such amounts, and by such persons or entities as the Owner may direct, but the Design -Builder shall not be required to employ persons or entities to whom the Design -Builder has reasonable objection. § 5.6.2 Unless otherwise provided in the Design -Build Documents, .1 allowances shall cover the cost to the Design -Builder of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 the Design -Builder's costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts, shall be included in the Contract Sum but not in the allowances; and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order, The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 5,6,2.1 and (2) changes in Design -Builder's costs under Section 5.6.2.2. § 5.6.3 The Owner shall make selections of materials and equipment with reasonable promptness for allowances requiring Owner selection. § 5.7 Key Personnel, Contractors and Suppliers § 5.7.1 The Design -Builder shall not employ personnel, or contract with Contractors or suppliers to whom the Owner has made reasonable and timely objection, The Design -Builder shall not be required to contract with anyone to whom the Design -Builder has made reasonable and timely objection. § 5.7.21f the Design-Buildcr changes any of the personnel, Contractors or suppliers identified in the Design -Build Amendment, the Design -Builder shall notify the Owner and provide the name and qualifications of the new personnel, Contractor or supplier, The Owner may reply within 14 days to the Design -Builder in writing, stating (1) whether the Owner has reasonable objection to the proposed personnel, Contractor or supplier or (2) that the Owner requires additional time to review. Failure of the owner to reply within the 14-day period shall constitute notice of no reasonable objection. Init. AIA Document A141w — 2D14. Cnpydghtdb2004 and 2014 by The American Institute of Architects. All rights reserved, WARNING; This AIA° Document Is protected by U.S, Copyright Law and International Treatiaa. Unauthorized reproduction or distribution of this AiA° Document, or any portion of it, may 16 result in savers civil and criminal penalties, and will be prosecuted to the maximum extant possible undertho law, This document was produced by AIA ! software at 118:64:40 ET on 12/2112018 under Order No,429BB92226 which expires on o9/06/2019, and is not for resale, (1764436117) User Notes; § 5.7,3 Except for those persons or entities already identified or required in the Design -Build Amendment, the Design -Builder, as soon as practicable after execution of the Design -Build Amendment, shall furnish in writing to the Owner the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Owner may reply within 14 days to the Design -Builder in writing stating (1) whether the Owner has reasonable objection to any such proposed person or entity or (2) that the Owner requires additional time for review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. § 53.3.1 if the Owner has reasonable objection to a person or entity proposed by the Design -Builder, the Design -Builder shall propose another to whom the Owner has no reasonable objection. If the rejected person or entity 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 person or entity's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Design -Builder has acted promptly and responsively in submitting names as required. § 5.8 Documents and Submittals at the Site The Design -Builder shall maintain at the site for the Owner one copy of the Design -Build Documents and a current set of the Construction Documents, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Submittals. The Design -Builder shall deliver these items to the Owner in accordance with Section 9.10.2 as a record of the Work as constructed. § 5,9 Use of Site The Design -Builder 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 Design -Build Documents, and shall not unreasonably encumber the site with materials or equipment. § 5.10 Cutting and Patching The Design -Builder shall not out, patch or otherwise alter fully or partially completed construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shalt not be unreasonably withheld. The Design -Builder shall not unreasonably withhold from the Owner or a separate contractor the Design -Builder's consent to cutting or otherwise altering the Work. § 5,11 Cleaning Up § 5.11.1 The Design -Builder shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract, At completion of the Work, the Design -Builder shall remove waste materials, rubbish, the Design -Builder's tools, construction equipment, machinery and surplus materials from and about the Project, § 511.2 if the Design -Builder fails to clean up as provided in the Design -Build Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Design -Builder, § 5.12 Access to Work The Design�Builder shall provide the Owner and its separate contractors and consultants access to the Work in preparation and progress wherever located, The Design -Builder shalt notify the (honer regarding Project safety criteria and programs, which the Owner, and its contractors and consultants, shall comply with while at the site. § 5,13 Construction by Owner or by Separate Contractors § 5,13.1 Owner's Right to Perform Construction and to Award Separate Contracts § 5.1311 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces; and to award separate contracts in connection with other portions of the Project, or other construction or operations on the site, under terms and conditions identical or substantially similar to this Contract, including those terms and conditions related to insurance and waiver of subrogation. The Owner shall notify the Design -Builder promptly after execution of any separate contract. If the Design -Builder claims that delay or additional cost is involved because of such action by the Owner, the Design -Builder shall make a Claim as provided in Article 14, (nit. A`IA` Document A1141*" — 2014. Copyright 0 2004 and 2014 by The American Inalltuta of Architects. All rights reserved. WARNING: This AiAe Document Is protected by U.S, copyright Law and International Traanos. Unauthorized reproduellon or distribution of this AIM Document, or any portion of it, may 17 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This documentwas produced by AIA 1 software at 18:54:40 ET on 1212112010 under Order AtoA296692226 which expires on 09/0612019, and is not for resale, User Notes: (1784438117) § 5.13.1,2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Design -Builder" in the Design -Build Documents in each case shall mean the individual or entity that executes each separate agreement with the Owner. § 5.13.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces, and of each separate contractor, with the Work of the Design -Builder, who shall cooperate with them. The Design -Builder shall participate with other separate contractors and the Owner in reviewing their construction schedules, The Design -Builder shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement, The construction schedules shall then constitute the schedules to be used by the Design -Builder, separate contractors and the Owner until subsequently revised. § 5.13.1.4 Unless otherwise provided in the Design -Build Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces or separate contractors, the Owner shall be deemed to be subject to the same obligations, and to have the same rights, that apply to the Design -Builder under the Contract. § 5.14 Mutual Responsibility § SA4.1 The Design -Builder shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Design -Builder's construction and operations with theirs as required by the Design -Build Documents, § 5.14,2 if part of the Design -Builder's Work depends upon construction or operations by the Owner or a separate contractor, the Design -Builder shall, prior to proceeding with that portion of the Work, prepare a written report to the Owner, identifying apparent discrepancies or defects in the construction or operations by the Owner or separate contractor that would render it unsuitable for proper execution and results of the Design -Builder's Work. Failure of the Design -Builder to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Design -Builder's Work, except as to defects not then reasonably discoverable, § 5.14.3 The Design -Builder shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Design -Builder's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Design -Builder for costs the Design -Builder incurs because of a separate contractor's delays, improperly timed activities, damage to the Work or defective construction. § 5,14.4 The Design -Builder shall promptly remedy damage the Design -Builder wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10,2.5. § 5,14.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching the Work as the Design -Builder has with respect to the construction of the Owner or separate contractors in Section 5,10. § 5.15 Owner's Right to Clean Up If a dispute arises among the Design -Builder, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and will allocate the cost among those responsible, § 5.16 Owner's Independent Review The Owner may obtain independent review of the Design Builder's design, construction and other documents by a separate consultant. Such independent review shall be undertaken at the owner's expense and in a timely manner and shall not delay the progress of the work. The Owner may appoint an on -site representative to observe the Work or other responsibilities as the Owner and Design Builder may agree to in writing. ARTICLE 6 CHANGES IN THE WORK § 6,1 General § 6.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order or Change Directive, subject to the limitations statcd.in this Article 6 and elsewhere in the Design -Build Documents. adcan hhi is Init. protected by U S. Copyright LawInternational ht 0 Treatie2014 s Unauthorized The Amtrep reproduction oe of rnh07 distributitects. All ion a1 this AIA Doccuments raserva& WARNING: � r any Aportion of It, tmay 18 IA ! result in software at 18f5440fl andET on 1212112riminal0i8 under Order Noenalties, and Ihe .420B592226 whichrosecuted to the expires on 09/061201ax1mum extant9 and Is not for resola under the e w. This document was produced 11 ) User Notes: (1i644381 t7) § 6,1,2 A Change Order shall be based upon agreement between the Owner and Design -Builder, The Owner may issue a Change Directive without agreement by the Design -Builder. § 6.1,3 Changes. in the Work shall be performed under applicable provisions of the Design -Build Documents, and the Design -Builder shall proceed promptly, unless otherwise provided in the Change Order or Change Directive. § 6,2 Change Orders A Change Order is a written instrument signed by the Owner and Design -Builder stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum or, if prior to execution of the Design -Build Amendment, the adjustment in the Design -Builder's compensation; and ,3 The extent of the adjustment, if any, in the Contract Time, A All Change Order requests shall be on the appropriate City -supplied Exhibit #S Change Order Form. § 6.3 Change Directives § 6.3,1 A Change Directive is a written order signed by the Owner directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or, if prior to execution of the Design -Build Amendment, the adjustment in the Design -Builder's compensation, or Contract Time. The Owner may by Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum or, if prior to execution of the Design -Build Amendment, the adjustment in the Design -Builder's compensation, and Contract Time being adjusted accordingly, § 6.3.2 A Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 6.3.3 If the Change Directive provides for an adjustment to the Contract Sum or, if prior to execution of the Design -Build Amendment, an adjustment in the Design -Builder's compensation, the adjustment shah be based on one of the following methods; .1 Mutual acceptance of a Jump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Design -Build Documents or subsequently agreed upon; ,3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 6.33. § 6.3.4 If unit prices are stated in the Design -Build Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Design -Builder, the applicable unit prices shall be equitably adjusted. § 6,3.5 Upon receipt of a Change Directive, the Design -Builder shall promptly proceed with the change in the Work involved and advise the Owner of the Design -Builder's agreement or disagreement with the method, if any, provided in the Change Directive for determining the proposed adjustment in the Contract Sum or, if prior to execution of the Design -Build Amendment, the adjustment in the Design -Builder's compensation, or Contract Time. § 6.3.6 A Change Directive signed by the Design -Builder indicates the Design -Builder's agreement therewith, including adjustment in Contract Sum or, if prior to execution of the Design -Build Amendment, the adjustment in the Design -Builder's compensation, and Contract Time or the method for determining them, Such agreement shall be effective immediately and shall be recorded as a Change Order. § 6,3.7 If the Design -Builder does not respond promptly or disagrees with the method for adjustment in the Contract Sum or, if prior to execution of the Design -Build Amendment, the method for adjustment in the Design -Builder's compensation, the Owner shall determine the method and the adjustment on die basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 6.3.3.3, the Design -Builder shalt keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Design -Build Documents, costs for the purposes of this Section 6.3.7 shall be limited to the following: AIA Document A141- —2014. copyright n 2004 and 2014 by The American Institute or Archneets. An rigors reaarveo. 111 ,.+ , . � �•••�••. •- Init. protected by U.S. Copyright taw and International Treatios. unauthorized reproduction or distribution of this AIAa Document, or any portion of it, may 19 result in he prosecutod to the maximum extent e tinder the law, softwera at severe civil and criminal prinaltiar, and I 54c40 ET on 121211201B under Order No.429SQ92225 which expires an 09100i2010, and st not or resale, This document was produced by A1A (17644381 t7) User Notes: ,1 Additional costs of professional services; .2 Costs of labor, including social security, unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .3 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .4 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Design -Builder or others; .5 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .6 Additional costs of supervision and field office personnel directly attributable to the change. § 6.3.8 The amount of credit to be allowed by the Design-Buildet to the Owner for a deletion or change that results in a net decrease in the Contract Sum or, if prior to execution of the Design -Build Amendment, in the Design -Builder's compensation, shall be actual net cost, When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 6.3.0 Pending final determination of the total cost of a Change Directive to the Owner, the Design -Builder may request payment for Work completed under the Change Directive in Applications for Payment. The Owner will make an interim determination for purposes of certification for payment for those costs deemed to be reasonably justified. The Owner's interim determination of cost shall adjust the Contract Sum or, if prior to execution of the Design -Build Amendment, the Design -Builder's compensation, on the same basis as a Change Order, subject to the right of Design -Builder to disagree and assert a Claim in accordance with Article 14, § 6.3.10 When the Owner and Design -Builder agree with a determination concerning the adjustments in the Contract Sum or, if prior to execution of the Design -Build Amendment, the adjustment in the Design -Builder's compensation and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Owner and Design -Builder shall execute a Change Order, Change Orders may be issued for all or any part of a Change Directive. ARTICLE 7 OWNER'S RESPONSIBILITIES § 7.1 General § 7.1,1 The Owner shall designate in writing a representative who shalt have express authority to bind the Ownerwith respect to all Project matters requiring the Owner's approval or authorization. § 7.1.2 The Owner shall render decisions in a timely manner and in accordance with the Design -Builder's schedule agreed to by the Owner. The Owner shall furnish to the Design -Builder, within 15 days after receipt of a written request, information necessary and relevant for the Design -Builder to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein, § 7.2 lnformaiion and Services Required of the Owner § 7.2,1 The Owner shall furnish information or services required of the Owner by the Design -Build Documents with reasonable promptness, § 7.2.2 The Owner shall provide, to the extent under the Owner's control and if not required by the Design -Build Documents to be provided by the Design -Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design -Builder, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner's control. § 7.23 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project, Init. AIA document A141w �- 2014, Copyright m 2004 and 2014 by The American Institute of Architects, All rtgnts reserves. WAK(11N% ; 11115 AlA- V-111-111 1P protected by U.S. copyright Law and International Troatias. Unauthorized reproduction or distribution of this AIAO document, or any portion of it, may 20 result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible undarthe law, This document was produced by AIA I software at 18:54A0 ET on 12/21/2018 under Order No,4296692226 which expires an o910812019, and Is not for resale. (1764438117) User Notes: § 7.2.4 The Owner shall cooperate with the Design -Builder in securing building and other permits, licenses and inspections. § 7.2,5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Design -Build Documents or to the extent the Owner advises the Design -Builder to the contrary in writing, the Design-Buitder shall be entitled to rely upon the accuracy and completeness thereof. In no event shall the Design -Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work. § 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non -conformity with the Design -Build Documents, the Owner shall give prompt written notice thereof to the Design -Builder. § 7,2.7 Prior to the execution of the Design -Build Amendment, the Design -Builder may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Design -Build Documents and the Design -Builder's Proposal. Thereafter, the Design -Builder may only request such evidence if (1) the Owner fails to make payments to the Design -Builder as the Design -Build Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Design -Builder identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Design -Builder. § 7.2.8 Except as otherwise provided in the Design -Build Documents or when direct communications have been specially authorized, the Owner shall communicate through the Design -Builder with persons or entities employed or retained by the Design -Builder, § 7.2.9 Unless required by the Design -Build Documents to be provided by the Design -Builder, the Owner shalt, upon request from the Design -Builder, furnish the services ofgeotechnieal engineers or other consultants for investigation of subsurface, air and water conditions when such services are reasonably necessary to properly carry out the design services famished by the Design -Builder, In such event, the Design -Builder shall specify the services required, Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, and necessary operations for anticipating subsoil conditions. The services of geotechnieal enginecr(s) or other consultants shall include preparation and submission of all appropriate reports and professional recommendations. § 7.2,10 The Design -Builder shall purchase and maintain insurance as set forth in§3.1.16. § 7.3 Submittals § 7.3.1 The Owner shall review and approve or take other appropriate action on Submittals. Review of Submittals is not conducted for the purpose of determining the accuracy and completeness of other details, such as dimensions and quantities; or for substantiating instructions for installation or performance of equipment or systems; or for determining that the Submittals are in conformance with the Design -Build Documents, all of which remain the responsibility of the Design -Builder as required by the Design -Build Documents, The Owner's action will be taken in accordance with the submittal schedule approved by the Owner or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Owner's judgment to permit adequate review. The Owner's review of Submittals shall not relieve the Design -Builder of the obligations under Sections 3.1.11, 3,1.12, and 5.2.3. The Owner's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Owner, of any construction means, methods, techniques, sequences or procedures. The Owner's approval of a specific item shall not indicate approval of an assembly of which the item is a component, § 7.3.2 Upon review of the Submittals required by the Design -Build Documents, the Owner shall notify the Design -Builder of any non-conformance with the Design -Build Documents the Owner discovers. § 7.4 Visits to the site by the Owner shall not be construed to create an obligation on the part of the Owner to make on -site inspections to check the quality or quantity of the Work. The Owner shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety En1t. AIA Document A141 °' — 2014. Copyright @ 2004 and 2014 by The American Institute of Archltacts. An r rignis reservea, vypN.nv: M ..�...... ...... protected by U.S, Copyright Law and International Treaties. Unauthorized reproductlan or distribution of this AIAe Document, or any portion of It, may 21 result In severe civil and criminal panaltles, and will be prosecuted to the maximum extont posidble under the law. This document was produced by AIA i software at 18:54:40 ET on 12121I201a under Order No.4296692226 which expires on 0910612019, and is not for resale. (1764435117) User Notes: precautions and programs in connection with the Work, because these are solely the Design -Builder's rights and responsibilities under the Design -Build Documents. § 7.5 The Owner shall not be responsible for the Design -Builder's failure to perform the Work in accordance with the requirements of the Design -Build Documents. The Owner shall not have control over or charge of, and will not be responsible for acts or omissions of the Design -Builder, Architect, Consultants, Contractors, or their agents or employees, or any other persons or entities performing portions of the Work for the Design -Builder. § 7.6 The Owner has the authority to reject Work that does not conform to the Design -Build Documents, The Owner shall have authority to require inspection or testing of the Work in accordance with Section 15.5.2, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Owner nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Owner to the Design -Builder, the Architect, Consultants, Contractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work, § 7.7 The Owner shall determine the date or dates of Substantial Completion in accordance with Section 9.8 and the date of final completion in accordance with Section 9.10. § 7.8 Owner's Right to Stop Work If the Design -Builder fails to correct Work: which is not in accordance with the requirements of the Design -Build Documents as required by Section 11,2 or persistently fails to carry out Work in accordance with the Design -Build Documents, the Owner may issue a written order to the Design -Builder to stop the Work, or any portion thereof, until the cause for such order has been 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 Design -Builder or any other person or entity, except to the extent required by Section 5.13.1.3. § 7,9 Owner's Right to Carry Out the Work If the Design -Builder defaults or neglects to carry out the Work in accordance with the Design -Build Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design -Builder the reasonable cost of correcting such deficiencies, if payments then or thereafter due the Design -Builder are not sufficient to cover such amounts, the Design -Builder shall pay the difference to the Owner. ARTICLE 8 TIME § 8.1 progress and Completion § 8,1.1 Time limits stated in the Design -Build Documents are of the essence of the Contract. By executing the Design -Build Amendment the Design -Builder confirms that the Contract Time is a reasonable period for performing the Work, § 8.1.2 The Design -Builder shall not, except by agreement of the Owner in writing, commence the Work prior to the effective date of insurance, other than property insurance, required by this Contract, The Contract Time shall not be adjusted as a result of the Design -Builder's failure to obtain insurance required under this Contract, § 8A.3 The Design -Builder shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.2 Delays and Extensions of Time § 8,2,1 If the Design -Builder is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or of a consultant or separate contractor employed by the Owner; or by changes ordered in the Work by the Owner; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Design -Builder's control; or by delay authorized by the Owner pending mediation and binding dispute resolution or by other causes that the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Owner may determine. § 8,2.2 Claims relating to time shall be made in accordance with applicable provisions of Article 14. trait. AIA Document A141 T" 2014, Copyright® 2004 and 2014 by The American Institute of Architects, All rights reserved. WARNING: This AIAo Document Is protected by U,5, Copyright haw and tnternatlonal Treatles. Unauthorized reproduction or distribution of this AIADocument, or e o ny portion of it, may 22 result in severe civil and criminal penalties, and will be proeacuted to the maximum extent possible under the law, This document was produced by AlA J software at 18:54:40 ET on 1212112018 under Order No.4296692226 which expires on 0910612019, and Is not for resale, (1764438117) Usar Notes: § 813 This Section 8.2 does not preclude recovery of damages for delay by either parry under other provisions of the Design -Build Documents. ARTICLE 9 PAYMENT APPLICATIONS AND PROJECT COMPLETION § 9.1 Contract Sum The Contract Sum is stated in the Design -Build Amendment, § 9,2 Schedule of Values Where the Contract Sum is based on a stipulated sum or Guaranteed Maximum Price, the Design -Builder, prior to the first Application for Payment after execution of the Design -Build Amendment shall submit to the Owner a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shalt be used as a basis for reviewing the Design -Builder's Applications for Payment. § 9.3 Applicatlons for Payment § 9.3.1 At least ten days before the date established for each progress payment, the Design -Builder shall submit to the Owner an itemized Application for Payment for completed portions of the Work, The application shall benotarized, if required, and supported by data substantiating the Design -Builder's right to payment as the Owner may require, such as copies of requisitions from the Architect, Consultants, Contractors, and material suppliers, and shall reflect retainage if provided for in the Design -Build Documents. § 9.3A A As provided in Section 6.3.9, Applications for Payment may include requests for payment on account of changes in the Work that have been properly authorized by Change Directives, or by interim determinations of the, Owner, but not yet included in Change Orders. § 9,11.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Design -Builder does not intend to pay the Architect, Consultant, Contractor, material supplier, or other persons or entities providing services or work for the Design-Buildcr, unless such Work has been performed by others whom the Design -Builder intends to pay, § 9.3.2 Unless otherwise provided in the Design -Build Documents, payments shall be made for services provided as well as 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 suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Design -Builder with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site, § 9.3.3 The Design -Builder warrants that title to all Work, other than Instruments of Service, covered by an Application for Payment will pass to the Owner no later than the time of payment. The Design -Builder 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 Design -Builder's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Design -Builder, Architect, Consultants, Contractors, material suppliers, or other persons or entities entitled to make a claim by reason of having provided labor, materials and equipment relating to the Work. § 9.4 Certificates for Payment The Owner shall, within seven days after receipt of the Design -Builder's Application for Payment, issue to the Design -.Builder a Certificate for Payment indicating the amount the Owner determines is properly due, and notify the Design -Builder in writing of the Owner's reasons for withholding certification in whole or in part as provided in Section 9,5,1. § 9.5 Decisions to Withhold Certification § 9.5.1 The Owner may withhold a Certificate for Payment in whole or in part to the extent reasonably necessary to protect the Owner due to the Owner's determination that the Work has not progressed to the point indicated in the Design -Builder's Application for Payment, or the quality of the Work is not in accordance with the Design -Build Init. AIA Document A14171— 2014. Copyright® 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S, Copyright Law and International Troaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may 23 result in severe civil and criminal penalties, and will be prosecuted to the maximum extant possible under the law. This document was produced by AA software at 18:64:40 ET on 12/2112018 under Order No.4296692226 which expires on 00106/2019, and Is not for resale. user Notes: (1764438117) Documents, If the Owner is unable to certify payment in the amount of the Application, the Owner will notify the Design -Builder as provided in Section 9A, If the Design -Builder and Owner cannot agree on a revised amount, the Owner will promptly issue a Certificate for Payment for the amount that the Owner deems to be due and owing. The Owner 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 to protect the Owner from loss for which the Design -Builder is responsible because of .1 defective Work, including design and construction, 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 Design -Builder; .3 failure of the Design -Builder to make payments properly to the Architect, Consultants, Contractors or others, for services, labor, materials or equipment; A 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 Design -Build Documents, § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9,5.3If the Owner withholds certification for payment under Section 9.5, t.3, the Owner may, at its sole option, issue joint checks to the Design -Builder and to the Architect or any Consultants, Contractor, material or equipment suppliers, or other persons or entities providing services or work for the Design -Builder to whom the Design -Builder failed to make payment for Work properly performed or material or equipment suitably delivered. § 9.6 Progress Payments § 9,6.1 After the Owner has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Design -Build Documents, § 9.6,2 The Design -Builder shall pay each Architect, Consultant, Contractor, and other person or entity providing services or work for the Design -Builder no later than the time period required by applicable Iaw, but in no event more than seven days after receipt of payment from the Owner the amount to which the Architect, Consultant, Contractor, and other person or entity providing services or work for the Design -Builder is entitled, reflecting percentages actually retained from payments to the Design -Builder on account of the portion of the Work performed by the Architect, Consultant, Contractor, or other person or entity, The Design -Builder shall, by appropriate agreement with each Architect, Consultant, Contractor, and other person or entity providing services or work for the Design -Builder, require each Architect, Consultant, Contractor, and other person or entity providing services or work for the Design -Builder to make payments to subconsultants and subcontractors in a similar manner. § 9.6.3 The Owner will, on request and if practicable, furnish to the Architect, a Consultant, Contractor, or other person or entity providing services or work for the Design -Builder, information regarding percentages of completion or amounts applied for by the Design -Builder and action taken thereon by the Owner on account of portions of the Work done by such Architect, Consultant, Contractor or other person or entity providing services or work for the Design -Builder. § 9.6,4 The Owner has the right to request written evidence from the Design -Builder that the Design -Builder has properly paid the Architect, Consultants, Contractors, or other person or entity providing services or work for the Design -Builder, amounts paid by the Owner to the Design -Builder for the Work: If the Design -Builder fails to furnish such evidence within seven days, the Owner shall have the right to contact the Architect, Consultants, and Contractors to ascertain whether they have been properly paid, The Owner shall have no obligation to pay or to see to the payment of money to a Consultant or Contractor, except as may otherwise be required by law. § 9,6.5 Dcsign-Builder payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9,6.4, § 9.6.6 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 Design -Build Documents. tnit AIA Document Ai41Y" — 2014. Copydght02004 and 2014 by The American Instiluia of Architects. All rights reserved. WARNING: This AtAo Document is protected by U.S. Copyright Law and international Treaties, Unauthorized reproduction or distribution of this AIM Document, or any portion of it, may 24 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible undarthe law. This document was produced by AIA I software at 18:64AO &T on 12012018 under Order No.4206692226 which expires on 09l06/2019, and is not for resale. (1784438117) User Notes: § 9,6.7 Unless the Design -Builder provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Design -Builder for Work properly performed by the Architect, Consultants, Contractors and other person or entity providing services or work for the Design -Builder, shall be held by the Design -Builder for the Architect and those Consultants, Contractors, or other person or entity providing services or work for the Design -Builder, for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Design -Builder, shall create any fiduciary liability or tort liability on the part of the Design -Builder for breach of trust or shall entitle any person or entity to an award of punitive damages against the Design -Builder for breach of the requirements of this provision. § 9.7 Failure of Payment If the Owner does not issue a Certificate for Payment, through no fault of the Design -Builder, within the time required by the Design -Build Documents, then the Design -Builder may, upon seven additional days' written notice to the Owner, stop the Work until payment of the amount owing has been received, The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Design -Builder's reasonable costs of shut -down, delay and start-up, plus interest as provided for in the Design -Build Documents. § 9,8 Substantial Completion § 9.8.1 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 Design -Build Documents so that the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion is the date certified by the Owner in accordance with this Section 9.8, § 9.8,2 When the Design -Builder considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Design -Builder shall prepare and submit to the Owner 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 Design -Builder to complete all Work in accordance with the Design -Build Documents. § 9,8,3 Upon receipt of the Design -Builder's list, the Owner shall make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Owner's inspection discloses any item, whether or not included on the Design -Builder's list, which is not sufficiently complete in accordance with the Design -Build Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Design -Builder shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Owner. In such case, the Design -Builder shall then submit a request for another inspection by the Owner to determine Substantial Completion, § 9.8A Prior to issuance of the Certificate of Substantial Completion under Section 9.8,5, the Owner and Design -Builder shall discuss and then determine the parties' obligations to obtain and maintain property insurance following issuance of the Certificate of Substantial Completion. § 9.8.5 When the Work or designated portion thereof is substantially complete, the Design -Builder will prepare for the Owner's signature a Certificate of Substantial Completion that shall, upon the Owner's signature, establish the date of Substantial Completion; establish responsibilities of the Owner and Design -Builder for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Design -Builder shall finish all items on the list accompanying the Certificate. Warranties required by the Design -Build 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, § 9.8.6 The Certificate of Substantial Completion shall be submitted by the Design -Builder to the Owner for written acceptance of responsibilities assigned to it in the Certificate. Upon the Owner's acceptance, and consent of surety, if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof, Payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Design -Build Documents. § 9.9 Partial Occupancy or Use § 9.91 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design -Builder, provided such occupancy or use is consented to, by endorsement or otherwise, by the insurer providing property insurance and authorized by public Init.AIA Document A141 m — 2014. Copydght Q 2004 and 2014 by The American Insiltute of Architects. All rights reserved. WARNING: Tms AIA' uooUment is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA"' Document, or any portion of It, may 25 result In sovere civil and criminal penalties, and will bs prosecuted to the maximum extant possible underthe law, This document was produced by AlA 1 aotiware at 16:54:40 ET on 12121/2018 under Order No.4208602226 which expires on 0510612019, and is not for resale. (1764438117) user Notes: authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Design -Builder have accepted in writing the responsibilities assigned to each of them for payments, retainago, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Design -Build Documents. When the Design -Builder considers a portion substantially complete, the Design -Builder shall prepare and submit a list to the Owner as provided under Section 9.8.2, Consent of the Design -Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design -Builder. § 9,9.2 Immediately prior to such partial occupancy or use, the Owner and Design -Builder shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9,9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Design -Build Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon receipt of the Design -Builder's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection. When the Owner finds the Work acceptable under the Design -Build Documents and the Contract fully performed, the Owner will, subject to Section 9.10.2, promptly issue a final Certificate for Payment. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Design -Builder submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner or the Owner's property might be responsible or encumbered, (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design -Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the Design -Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design -Build Documents, (4) consent of surety, if any, to final payment, (5) as -constructed record Copy of the Construction Documents marked to indicate field changes and selections made during construction, (6) assignment of manufacturer's warranties, product data, and maintenance and operations manuals, and (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Owner. If an Architect, a Consultant, or a Contractor, or other person or entity providing services or work for the Design -Builder, refuses to furnish a release or waiver required by the Owner, the Design -Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the Design -Builder shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys' fees. § 9,10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Design -Builder or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the Design -Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design -Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work ful ly completed and accepted shall be submitted by the Design -Builder to the Owner prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Certification of payment in full at Final Payment from all subcontractors and suppliers. § 9.10.4 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 Design -Build Documents; or .3 terms of special warranties required by the Design -Build Documents. § 9,10.5 Acceptance of final payment by the Design -Builder shall constitute a waiver of claims by the Design -Builder except those previously made in writing and identified by the Design -Builder as unsettled at the time of final Application for Payment. Init. AIA Document A141 TM — 2014. Copyright0 2004 and 20i4 by Tha Amadcan institute of Architects. All rights reserved, WARNING: I n,4 ;uA- uocument,a protected by U.S. Copyright Law and International Treating. Unauthorized reproduction or distribution of this AIAm Document, or any portion of it, may 26 result in severe civil and criminal penalties, and will be prosecuted to the maximum extant posgible under the law. This document was produced by AIA ! software at 10:54:40 ET on 1212112GIS under Order No.4295692226 which oxpires on 091a612019, and is not for resale. (1764438117) User Notes: § 9.10.6 The payment process shall comply with the Florida Prompt Payment Act, ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Design -Builder shall be, responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 Safety of Persons and Property § 10.2.1 The Design -Builder shall be responsible for precautions for the safety of, and 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 Design -Builder or the Architect, Consultants, or Contractors, or other person or entity providing services or work for the Design -Builder; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, or structures and utilities not designated for removal, relocation or replacement in the course of construction. § 10,2,2 The Design -Builder 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 or property, or their protection from damage, injury or loss. § 10.2.3 The Design -Builder shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations, and notify owners and users of adjacent sites and utilities of the safeguards and protections, § 10.2A When use or storage of explosives or other hazardous materials or equipment, or unusual methods, are necessary for execution of the Work, the Design -Builder shall exercise utmost care, and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Design -Builder shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Design -Build Documents) to property referred to in Sections 10,2.1,2 and 10.2,1.3, caused in whole or in part by the Design -Builder, the Architect, a Consultant, a Contractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Design -Builder is responsible under Sections 10.2.1.2 and 10.2.13; except damage or loss attributable to acts or omissions of the Owner, or anyone directly or indirectly employed by the Owner, or by anyone for whose acts the Owner may be liable, and not attributable to the fault or negligence of the Design -Builder. The foregoing obligations of the Design -Builder are in addition to the Design -Builder's obligations under Section 11.14. § 10,2.6 The Dcsign-Builder shall designate a responsible member of the Design -Builder's organization, at the site, whose duty shall be the prevention of accidents. This person shall be the Design -Builder's superintendent unless otherwise designated by the Design -Builder in writing to the Owner. § 10.23 The Design -Builder shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2,8 Injury or Damage to Person or Property. If the Owner or Design -Builder suffers injury or damage to person or property because of an act or omission of the other, or of others for whose acts such party is legally responsible, written notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials § 10.3.1 The Design -Builder is responsible for compliance with any requirements included in the Design -Build Documents regarding hazardous materials. If the Design -Builder encounters a hazardous material or substance not AIA Document A141 r" — 211% Copyright Q 7004 and 2014 by The American Institute of Architects, All rights reserved. WARNINO: This AIAe Document is protected by U.S, Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, ma Init. y 27 f rosult In software at severe civil and FT ncriminal penalties, and will he prosecuted to i2/2112018 under Order No.4296692228 whichthe maximum extentexpires on 09/0612019 and Its not or resaleossible tinder the ew, Th[s document was produced AIA User Notes: (178443611117) addressed in the Design -Build 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 Design -Builder, the Design -Builder shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner in writing. § 10.3.2 Upon receipt of the Design -Builder's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Design -Builder and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Design -Build Documents, the Owner shall furnish in writing to the Design -Builder the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance, The Design -Builder will promptly reply to the Owner in writing stating whether or not the Design -Builder has reasonable objection to the persons or entities proposed by the Owner. If the Design -Builder has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Design -Builder has no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Design -Builder. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Design -Builder's reasonable additional costs of shut -down, delay and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Design -Builder, the Architect, Consultants, and Contractors, 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 10.3.1 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. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Design -Builder brings to the site unless such materials or substances are required by the Owner's Criteria. The Owner shall be responsible for materials or substances required by the Owner's Criteria, except to the extent of the Design -Builder's fault or negligence in the use and handling of such materials or substances. § 10,3.5 The Design -Builder shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Design -Builder brings to the site and negligently handles, or (2) where the Design -Builder fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. § 1016 If, without negligence on the part of the Design -Builder, the Design -Builder is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Design -Build Documents, the Owner shall indemnify the Design -Builder for all cost and expense thereby incurred, § 10.4 Emergencies In an emergency affecting safety of persons or property, the Design -Builder shall act to prevent threatened damage, injury or loss providing conditions are safe to do so. The Design Builder shall notify Owner of the emergency as soon as practical to do so. ARTICLE 11 UNCOVERING AND CORRECTION OF WORK § 11.1 Uncovering of Work The Owner may request to examine a portion of the Work that the Design -Builder has covered to determine if the Work has been performed in accordance with the Design -Build Documents, if such Work is in accordance with the Design -Build Documents, the Owner and Design -Builder shall execute a Change Order to adjust the Contract Time and Contract Sum, as appropriate. If such Work is not in accordance with the Design -Build Documents, the costs of uncovering and correcting the Work shall be at the Design -Builder's expense and the Design -Builder shall not be entitled to a change in the Contract Time unless the condition was caused by the Owner or a separate contractor in AIA Document A141TM--2014. Copyright© 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING; Thls AIAa Document is [nit. protected by U.S, Copyright Law and International Treaties, Unautharlxed roproductlon or distribution of this AfAe Document, or any portion of it, may 28 result in savers civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA i software at M54:40 ET on 1212112016 under Order No.4296692226 which expires on 0910612019, and is not for resale. (1764438117) User Notes; which event the Owner shall be responsible for payment of such costs and the Contract Time will be adjusted as appropriate. § 11.2 Correction of Work § 11.21 Before or After Substantial Completion, The Design -Builder shall promptly correct Work rejected by the Owner or failing to conform to the requirements of the Design -Build 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 any design consultant employed by the Owner whose expenses and compensation were made necessary thereby, shall be at the Design -Builder's expense, § 11.2.2 After Substantial Completion § 11,2.2,1 In addition to the Design -builder's obligations under Section 3.1,12, 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 9.9,1, or by terms of an applicable special warranty required by the Design -Build Documents, any of the Work is found not to be in accordance with the requirements of the Design -Build Documents, the Design -Builder shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design -Builder 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 the Work, if the Owner fails to notify the Design -Builder and give the Design -Builder an opportunity to make the correction, the Owner waives the rights to require correction by the Design -Builder and to make a claim for breach of warranty, If the Design -Builder fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 7.9. § 11.2.2.2 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. § 11.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design -Builder pursuant to this Section 11.2. § 11.2.3 The Design -Builder shall remove from the site portions of the Work that are not in accordance with the requirements of the Design -Build Documents and are neither corrected by the Design -Builder nor accepted by the Owner. § 11.2.4 The Design -Builder shall bear the cost of correcting destroyed or damaged construction ofthe Owner or separate contractors, whether completed or partially completed, caused by the Design -Builder's correction ar removal of Work that is not in accordance with the requirements of the Design -Build Documents. § i1.2.5 Nothing contained in this Section 11.2 shall be construed to establish a period of limitation with respect to other obligations the Design -Builder has under the Design -Build Documents. Establishment of the one-yearperiod for correction of Work as described in Section 11.2,2 relates only to the specific obligation of the Design -Builder to correct the Work, and has no relationship to the time within which the obligation to comply with the Design -Build Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design -Builder's liability with respect to the Design -Builder's obligations other than specifically to correct the Work. § 11.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Design -Build Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 12 COPYRIGHTS AND LICENSES § 12.1 Drawings, specifications, and other documents furnished by the Design -Builder, including those in electronic form, are Instruments of Service. The Design -Builder, and the Architect, Consultants, Contractors, and any other person or entity providing services or work for any of them, shall be deemed the authors and owners of their respective instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and Init, AIA oocument A141TM — 2014, Copyright 02004 end 2014 by The American institute of Architects, All rights reserved, WARNING: This AIAe Document is protected by U,S, Copyright Law and International Treaties. Unauthorizad reproduction or distribution of this AIA°' Occument, or any portion of It, may 29 result In severe civil and criminal penalties, and will be prosecuted to the maKimum extent possible under the law. This documentwas produced by AIA ! software at 18:54:40 ET on 121211208 under Order NoA298892228 which expires an 09108/2019. and is not for rosele. (1704438117) User Notes: other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements, or for similar purposes in connection with the Project, is not to be construed as publication in derogation of the reserved rights of the Design -Builder and the Architect, Consultants, and Contractors, and any other person or entity providing services or work for any of them, § t2.1.1 All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, specifications, plans, and reports prepared or provided by the Design Builder in connection with this Agreement shall become the property of the Owner, whether the project is completed or not. Such documents shall be delivered to the City within 21 days of receipt of the written notice of termination or upon final completion of the project. If applicable, the owner may withhold any payments then due to the Design Builder until the documents are received by the Owner. Use of the documents shall be in aecordance with the provision of this section, § 12.2 The Design -Builder and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project, § 123 Upon execution of the Agreement, the Design -Builder grants to the Owner a limited, irrevocable and non-exclusive license to use the Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under the Design -Build Documents, The license granted under this section permits the Owner to authorize its consultants and separate contractors to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project, If the Design -Builder rightfully terminates this Agreement for cause as provided in Section 13,1A or 13,2,1 the license granted in this Section 12.3 shall terminate, § 12.3.1 The Design -Builder shall obtain non-exclusive licenses from the Architect, Consultants, and Contractors, that will allow the Design -Builder to satisfy its obligations to the Owner under this Article 12. The Design -Builder's licenses from the Architect and its Consultants and Contractors shall also allow the Owner, in the event this Agreement is terminated for any reason other than the default of the Owner or in the event the Design -Builder's Architect, Consultants, or Contractors terminate their agreements with the Design -Builder for cause, such as the parties ability to agree on a Contract Sum or GMP, to obtain a limited, irrevocable and non-exclusive license solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner (1) agrees to pay to the Architect, Consultant or Contractor all amounts due, and (2) provide the Architect, Consultant or Contractor with the Owner's written agreement to indemnify and hold harmless the Architect, Consultant or Contractor from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's alteration of the Instruments of Service. § 12.3.2 In the event the Owner alters the Instruments of Service without the author's written authorization or uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Design -Builder, Architect, Consultants, Contractors and any other person or entity providing services or work for any of them, from all claims and causes of action arising from or related to such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Design -Builder, Architect, Consultants, Contractors and any other person or entity providing services or work for any of them, from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's alteration oruse of the Instruments of Service under this Section 12.3.2, The terms of this Section 12.3.2 shall not apply If the owner rightfully terminates this Agreement for cause under Sections 13. A or 13,2.2. ARTICLE 13 'TERMINATION OR SUSPENSION § 13.1 Termination or Suspension Prior to Execution of the Design -Build Amendment § 13.1.1 If the Owner fails to make payments to the Design -Builder for Work prior to execution of the Design -Build Amendment in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Design -Builder's option, cause for suspension of performance of services under this Agreement. If the Design -Builder elects to suspend the Work, the Design-Buildershall give seven days' written notice to the Owner before suspending the Work. In the event of a suspension of the Work, the Design -Builder shall have no Init. AIA Document A141TM �- 2014. Copyright 0 2004 and 2014 by The American Institute of Architects, All rights reserved. WARNING; This AiAO Document Is protected by U,S, Copyright Law and intornationat Treaties, Unauthorizod reproduction or distribution of this AiAO Document, or any portion of it, may 30 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA 1 software at 18164:40 ET on 12121/2018 under order NoA296692226 which expires on 09/0612019, and is not for resale, (1784436117) User Notes. liability to the Owner for delay or damage caused by the suspension of the Work. Before resuming the Work, the Design -Builder shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Design -Builder's Work. The Design -Builder's compensation for, and time to complete, the remaining Work shall be equitably adjusted. § 13.1.2 If the Owner suspends the Project, the Design -Builder shall be compensated for the Work performed prior to notice of such suspension, When the Project is resumed, the Design -Builder shall be compensated for expenses incurred in the interruption and resumption of the Design -Builder's Work, The Design -Builder's compensation for, and time to complete, the remaining Work shall be equitably adjusted. § 13,1,3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Design -Builder, the Design -Builder may terminate this Agreement by giving not less than seven days' written notice. § 13.1.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 13.1.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Design -Builder for the Owner's convenience and without cause. § 13.1.6 In the event of termination not the fault of the Design -Builder, the Design -Builder shall be compensated for Work performed prior to termination, together with Reimbursable Expenses then due and any other expenses directly attributable to termination for which the Design -Builder is not otherwise compensated. In no event shall the Design -Builder's compensation under this Section 13,1.6 be greater than the compensation set forth in Section 2.1. § 13.2 Termination or Suspension Following Execution of the Design -Build Amendment § 13,2.1 Termination by the Design -Builder § ct if the Work is stopped for a period of 30 consecutive days 13,2,1.1 The Design -Builder may terminate the Contra through no act or fault of the Design -Builder, the Architect, a Consultant, or a Contractor, or their agents or employees, or any other persons or entities performing portions of the Work under direct or indirect contract with the Design -Builder, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency that requires all Wdrk to be slopped; ,3 Because the Owner has not issued a Certificate for Payment and has not notified the Design -Builder of the reason for withholding certification as provided in Section 9.5.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Design -Build Documents; or A The Owner has failed to furnish to the Design -Builder promptly, upon the Design -Builder's request, reasonable evidence as required by Section 7.2,7. § 13.2.1.2 The Design -Builder may terminate the Contract if, through no act or fault of the Design -Builder, the Architect, a Consultant, a Contractor, or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Design -Builder, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 13.2.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 13.2.1.3 If one of the reasons described in Section 13.2.1.1 or 13,2.1.2 exists, the Design -Builder may, upon seven days' written notice to the Owner, 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, § 13.2.1.4 If the Work is stopped for a period of 60 consecutive days through no.act or fault of the Design -Builder or any other persons or entities performing portions of the Work under contract with the Design -Builder because the Owner has repeatedly failed to fulfill the Owner's obligations under the Design -Build Documents with respect to matters important to the progress of the Work, the Design -Builder may, upon seven additional days' written notice to the Owner, terminate the Contract and recover from the Owner as provided in Section 13.2.1.3. (nit AIA Dacumenl A14lT — 2o14, Copyright Q 2004 and 2014 by Tha American Institute of Architects, Ail rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Low and International Treaties. Unauthorised reproduction or distribution of this AIAID Document, or any portion of It, may 31 rerun in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA i software at t8:64:40 ET on A2121/2018 under Order N0,4296692226 which expires on 09106f2016, and Is not for resets, (1784430147) User Notes: § 1312 Termination by the Owner For Cause § 13.2.2.1 The Owner may terminate the Contract if the Design -Builder .1 fails to submit the Proposal by the date required by this Agreement, or if no date is indicated, within a reasonable time consistent with the date of Substantial Completion; .2 repeatedly refuses or fails to supply an Architect, or enough properly skilled Consultants, Contractors, or workers or proper materials; .3 fails to make payment to the Architect, Consultants, or Contractors for services, materials or labor in accordance with their respective agreements with the Design -Builder; .4 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .5 - is otherwise guilty of substantial breach of a provision of the Design -Build Documents. § 13,2.2.2 When any of the above reasons exist, the Owner may without prejudice to any other rights or remedies of the Owner and after giving the Design -Builder and the Design -Builder's surety, if any, seven days' written notice, terminate employment of the Design -Builder and may, subject to any prior rights of the surety: .1 Exclude the Design -Builder from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Design -Builder; .2 Accept assignment of the Architect, Consultant and Contractor agreements pursuant to Section 3.1.15; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Design -Builder, the Owner shall furnish to the Design -Builder a detailed accounting of the costs incurred by the Owner in finishing the Work. § 13.2.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 13.2.2.1, the Design -Builder shall not be entitled to receive further payment until the Work is finished. § 13,22.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Design -Builder. if such costs and damages exceed the unpaid balance, the Design -Builder shall pay the difference to the Owner. The obligation for such payments shall survive termination of the Contract. § 13,2.3 Suspension by the Owner for Convenience § 13.2.3.1 The Owner may, without cause, order the Design -Builder in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determinc. § 13.2.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 13.2.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent ,1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Design -Builder is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract, § 13.2.4 Termination by the Owner for Convenience § 13.2.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. § 13.2.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Design -Builder shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and, except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing Project agreements, including agreements with the Architect, Consultants, Contractors, and purchase orders, and enter into no farther Project agreements and purchase orders. § 13.2.4.3 In case of such termination for the Owner's convenience, the Design -Builder shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed, tuft. protected Document A141 TM — 2014. Copyright © 2004 and 2014 by The American Institute of Architects. Ail rights reserved. WARNING: This AIM Document Is protected by U.S, Copyright Law and International Troatlem Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may 32 result In severe civil and criminal penalties, and will be prosecuted to the maximum extent posslbia under the saw, This document was produced byAlA / software at 18:54:40 6T on 1212112018 under Order No.4296692226 which expires on 09/06/2019, and is not for resale. (17644a User Notes: 8117) Init. ARTICLE 14 CLAIMS AND DISPUTE RESOLUTION § 14,1 Claims § 14,1,1Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Design -Builder arising out of or relating to the Contract, The responsibility to substantiate Claims shall rest with the party making the Claim, § 14.1,2 Time Limits on Claims. The Owner and Design -Builder shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other, arising out of or related to the Contract in accordance with the requirements of the binding dispute resolution method selected in Section 1.3, within the time 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 Design -Builder waive all claims and causes of action not commenced in accordance with this Section 14.1.2. § 14.1,3 Notlee of Claims § 14.1.3,1 Prior To Final Payment. Prior to Final Payment, Claims by either the Owner or Design -Builder must be initiated by written notice to the other party 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. § 14.1.3.2 Claims Arising After Final Payment, After Final Payment, Claims by either the Owner or Design -Builder that have not otherwise been waived pursuant to Sections 9,10A or 9,10,5, must be initiated by prompt written notice to the other party. The notice requirement in Section 14.1.3,1 and the Initial Decision requirement as a condition precedent to mediation in Section 14,2,1 shall not apply. § 14.1A Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9,7 and Article 13, the Design -Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design -Build Documents. § 14.1.5 Claims for Additional Cost. If the Design -Builder intends to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the portion of the Work that relates to the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 14.1.6 Claims; for Additional Time § 14,1.6.1 1f the Design -Builder intends to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Design -Builder's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 14.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and had an adverse effect on the scheduled construction. Anticipated Unfavorable Weather Days The Design -Builder expressly acknowledges that unfavorable working conditions will exist at the site of the Work as a result of normal local weather. The anticipated number of unfavorable weather days per respective month is as follows: ANTICIPATED UNFAVORABLE WEATHER DAYS Normal Local Bad Mouth Normal Local Bad Weather Month Weather Days Per Month Days Per Month January 2 July 6 AIA Document A141TM — 2014. Copydgh102004 and 2014 by The Amoncan Inatltuta of Archllocts, All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA® Dooument, or any portion of it, may result In Revere civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:54:40 ET an 1212112018 under Order No,4206602226 which expires on 0910612019, and is not for resale, (1784438117) User Notes: KM ANTICIPATED UNFAVORABLE WEATHER DAYS Month Normal Local Bad Weather Days Per Month Month Normal Local Bad Weather Days Per Month February 3 August 6 March 3 September 5 April 2 October 3 May 3 November Z June 5 December 2 Contract "Unfavorable Weather Days" shall be determined from the above "Anticipated Unfavorable Weather days" table and shall be counted from the effective date of Contract Notice to Proceed through the date of Contract Final Completion. To -be -anticipated unfavorable weather days shall be prorated through partial months and shall be rounded up or down as per standard practice (i.e., 0.1 through 0.4 days shall be rounded down to the next whole number and 0.5 through 0.9 shall be rounded up to the next whole number). Conversion of calendar days to work days shall be as follows: To convert calendar days to work days for a six (6) day workweek, divide calendar days by 1,17, 2. To convert calendar days to work days for a five (5) day workweek, divide calendar days by 1,40. The established Contract Time(s) includes an allowance for delays caused by the effects of unfavorable working conditions as a result of normal local weather. An anticipated unfavorable weather day is defined as follows: 1, The Design Builder being unable to work at least 50% of the normal work day on pre -determined controlling work items due to adverse weather conditions; or 2, The Design -Builder must make major repairs to work damaged by weather, provided that the damage is not attributable to the Design -Builder's failure to perform or neglect; and provided that the Design -Builder was unable to work at least 50% of the normal work day on pre -determined controlling work items, The Design -Builder shall take reasonable precautions to mitigate the impact of such unfavorable weather conditions and shall diligently attempt to perform the Work, Unfavorable Weather Allowance Local weather conditions shall be considered in the planning and scheduling of the Work to ensure the completion of the Work within the Contract Time(s) provided, No time extension(s) will be granted for the Contractor's failure to take into account such weather conditions for the location of the Work and for the period of time In which the Work is to be accomplished. The total expected loss of working days shall be included in a separate identifiable controlling work activity labeled "Unfavorable Weather Days Allowance" to be included in the project schedule prior to the required Substantial Completion Date. When unfavorable weather days are experienced, and are approved as such by the owner's Representative, the Contractor shall either: Init AIA Document AMI — 2014. Copyright Q 2004 and 2014 byTho Amedcan [nstifuto of Archlteots. All rights reserved. WARNING; Thls AIAo Document Is protected by U.S. Copyright taw and International Treaties. Unauthorlxed reproduction or distribution of this AIA® Document, or any portion of it, may 34 result In revert civil and criminal penalties, and will be prosenutod to the maximum extent possible under the law. This docurnent was produced by AIA 1 software at 18:64,40 ET on 12/21/2018 under Order Na.4296692226 which expires on 09/0612010, and Is not for resate. User Notes: (1784438117) I . Increase the duration of the current controlling work activity(ies) by the number of unfavorable weather days experienced, or Add a controlling work activity to the schedule to reflect the occurrence of the unfavorable weather day(s). The duration of the unfavorable weather day allowance activity shall be reduced as weather days are experienced and included in the schedule. Any remaining unfavorable weather days in the unfavorable weather day allowance activity at the completion of the project shall be considered as float and shall not be for the exclusive use or benefit of either the Owner or Design -Builder, § 141.7 Claims for Consequential Damages The Desigtt-Builder 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 .2 damages incurred by the Design -Builder 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 party's termination in accordance with Article 13, Nothing contained in this Section 14,1,7 shalt be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Design -Build Documents. § 14.2 Initial Decision § %2.1 An initial decision shall be required as a condition precedent to mediation of all Claims between the Owner and Design -Builder initiated prior to the date final payment is due, excluding those arising under Sections 10.3 and 10.4 of the Agreement and Sections B.3,2.9 and B32.10 of Exhibit B to this Agreement, unless 30 days have passed after the Claim has been initiated with no decision having been rendered. Unless otherwise mutually agreed in writing, the Owner shall render the initial decision on Claims. § 1422 Procedure § 14,12.1 Claims initiated by the Owner, If the Owner initiates a Claim, the Design -Builder shall provide a written response to Owner within ten days after receipt of the notice required under Section 14,1.3,1, Thereafter, the Owner shall render an initial decision within ten days of receiving the Design -Builder's response: (1) withdrawing the Claim in whole or in part, (2) approving the Claim in whole or in part, or (3) suggesting a compromise. § 14,2,2,2 Claims initiated by the Design -Builder. If the Design -Builder initiates a Claim, the Owner will take one or more of the following actions within ten days after receipt of the notice required under Section 14.1,3.1: (1) request additional supporting data, (2) render an initial decision rejecting the Claim in whole or in part, (3) render an initial decision approving the CIaim, (4) suggest a compromise or (5) indicate that it is unable to render an initial decision because the Owner lacks sufficient information to evaluate the merits of the Claim. § 1413 In evaluating Claims, the Owner may, but shall not be obligated to, consult with or seek information from persons with special knowledge or expertise who may assist the Owner in rendering a decision, The retention of such persons shall be at the Owner's expense. § 14,2.4 If the Owner requests the Design -Builder to provide a response to a Claim or to furnish additional supporting data, the Design -Builder shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Owner when the response or supporting data will be furnished or (3) advise the Owner that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Owner will either reject or approve the Claim in whole or in part, § 1415 The Owner's initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) identify any change in the Contract Sum or Contract Time or both, The initial decision shall be final and binding on theparties butsubject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution, lnit. AIA Document A141 w — 2014, Copyright @ 2004 and 2014 byTho American Inslitute of Architects. All rights reserved, WARNING: This AIA° Document is protected by U,S. Copyright Law and International Treaties, unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may 35 result In severe civil and criminal penalties, and will he prosecuted to the MAXIMUM extent possible under the law, This document was produced by AIA f software at 1 a:64:40 ET on 12121/2018 under Order No,4296692226 which expires on 09106/2019. and is not for rosale. User Notes: (1764438117) § 14.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 14,241. § 14.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand faits to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 14,2.7In the event of a Claim against the Design -Builder, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. if the Claim relates to a possibility of Design-Bui[der's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 14.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines, § 14.3 Mediation § 14.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9,10.4, 9.10.5, and 14.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution. § 14.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement, A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation, The request may be made concurrently with the filing of binding dispute resolution proceedings 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 proceeding is stayed pursuant to this Section 14.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 14.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon, Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction. (Paragraphs deleted) ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 Governing law The Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 14.4. § 15.2 Successors and Assigns § 15.2.1 The Owner and Design -Builder, respectively, bind themselves, their partners, successors, assigns and legal representatives to the covenants, agreements and obligations contained in the Design-Buitd Documents, Except as provided in Section 15.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract, § 15.2.2 The Owner may, without consent of the Design -Builder, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Design -Build Documents. The Design -Builder shall execute all consents reasonably required to facilitate such assignment. § 15.2.3 If the Owner requests the Design -Builder, Architect, Consultants, or Contractors to execute certificates, other than those required by Section 3.1.10, the Owner shall submit the proposed language of such certificates for review at least 14 days prior to the requested dates of execution, If the Owner requests the Design -Builder, Architect, Consultants, or Contractors to execute consents reasonably required to facilitate assignment to a lender, the Inlf. AtA document Ai41"' —2014, Copyright 02004 and 2014 by lire American Institute orkchltecls. All rights reserved, WARNING: This AiA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may 36 result In severe civil and crlminal penalties, and will be proseouted to the maximum extent possible under the law, This document was produced by AIA t software at 1 13;64A0 UT on i2t21/2019 under Order NoA296692226 which expires on 09106/2 M and is not for resale, (1764436117) User Notes; Design -Builder, Architect, Consultants, or Contractors shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to them for review at least 14 days prior to execution. The Design -Builder, Architect, Consultants, and Contractors shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of their services. § 15.3 Written Notice Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice, § 15.4 Rights and Remedies § 15,41 Duties and obligations imposed by the Design -Build Documents, and rights and remedies available thereunder, shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law, § 15,4,2 No action or failure to act by the Owner or Design -Builder shall constitute a'waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. § 15.5 Tests and Inspections § 15,5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design -Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design -Builder 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 Design -Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design -Builder. § i5,5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design -Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design -Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner's expense. § 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design -Build Documents, all costs made necessary by such failure shall be at the Design -Builder's expense. § 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design -Build Documents, be secured by the Design -Builder and promptly delivered to the Owner, § 15,5,5 If the Owner is to observe tests, inspections or approvals required by the Design -Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing. § 15.5.6 Tests or inspections conducted pursuant to the Design -Build Documents shall be made promptly to avoid unreasonable delay in the Work. § 15.6 Confidential Infortnation If the Owner or Design -Builder transmits Confidential Information, the transmission of such Confidential Information constitutes a warranty to the party receiving such Confidential information that the transmitting party is authorized to transmit the Confidential Information. If a party receives Confidential Information, the receiving party shall keep the Confidential Information strictly confidential and shall not disclose it to any other person or entity except as set forth in Section 15.6.1, Init, AIA Document A141 j° — 2014. Copydght @ 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: Thin AIAo Document Is protected by U.S. Copyright Law and international Treaties. Unauthorixod reproduction or distribution of this AIAO Document, or any portion of it, may 37 result in severe civil and criminal penalties, and will he prosecuted to the maximum extent possible under the law, This document was produced by AIA 1 software at 18:54:40 ET an 12/21/2018 under Order No,4296692226 which expires on 09/0612019, and is not for resale. (1764438117) User Notes: § 15.6,1 A party receiving Confideitial information may, disclose the Confidential Information as required by law or court order, including a subpoena or other fornn of compulsory legal process issued by a court or f overnnienial entity. A puny receiving Confidentrtl llltt)riniltt011 Ilifiy also disclose the Confidential Information to Its employee., consultants or contractors in order to perforin services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subJect to the restrictions oil the disclosure and use of Confidential hlf()rnlation as set forth in this Contract, § %7 Capitalization Tcrnis capitalized in the Contract include those that are ( I ) specifically defined, (2) tie titles of numbered articles or (3) the titles of other doeunielts published by the American Institute of'Architccls. § 15,8 Interpretation § 15,8,1 In the interest of brevity [lie Design -Build Doctinients frequently omit inodifying words such as "all" and "ally" and articles such its "jhc" 4nd "inn," bltt (lie [act that it illodl icr Or all article is absent from one stateillent and appears in another is not intended to affect the interpretation ofcidler slitleillent. § 15,8,2 Unless otherwise stated ill the Design -Build Documents, words which have well-known technical or eollgiruedon industry meanings lire stied ill die De&ign-Biltid Documents in accordance with such recognized meanings. ARTICLE 16 SCOPE OF THE AGREEMENT § 18.1 This Agreement is comprised of (lie following documents listed below: .1 AIA Docunietit Ai41TK-2014, Standard Fornl of Agreement Betweell Owner anti Design-1311ilder, its modified .2 AiA Document A141T"t -2014, Exhibit A, Design -Build Amendment, ill modi{icd, if executed Other: .._ _.: t.. ,:::.._.................. .. . nt .lure incorporated into this agrecnletlt by reference. 'the Design-.Bililder,s response to Rini) ill8-001 Stages i and 2 are incorporated into this agreement by reference, This Agrccmclit entered into as of the day and year first written above. Signature page folloiVs. Init, AIA Document A1417° — 2014, Copyright 0 20U4 and 2014 by The American institute of Architects. All rights reserved, WARNING., This AtA`' Document Is projected by U.S. copyright Law and iniarnational Treaties, Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may 3$ result In severe clVft and criminal penalties, and Wlli be prosecuted to the maximum extent possible under the taw. This document was produced by AIA i saftware at /8 MAG LT on 12121/200 under order No,4298692228 which expires on 09Io8/2019, and Is not for resale. (1764438M) User Notes: CITY OF OCOEE SIGNATURE PAGE (Table deleted) FOR DESIGN -BUILD SERVICES FOR NEW OCOEE CITY HALL WHARTON-SMITofi, INC. SIGNA' PRINT NAME: —) Uj 1 ( i I't • K-I uT i v r TITLE: e X cCA U Cl. WITNESSES: NAME ON f� NAME: TITLE: C(�j�j TITLE: IMyk • �w�L'AI L. OWNER; CITY OF OCOEE, FLORIDA T ST: BY: BY: Melanie Si bi , CityClerk Rusty Johnson, ayor (SEAL) i FOR USE AND RELIANCE ONLY BY APPROVED BY CITY OF OCOEE THE CITY OF OCOEE, FLORIDA COM SS ON AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY Gn / / " , under Agenda Item. s this _I _�L day of rr'�11 — r`�% 2019 L t i SHUFFIELD, LOWMAN & WILSON P.A. i BY: �' ! Scott o ry Attorneys i (nit. AIA Document A141 TA — 2014. Copyright©2004 and 2014 by The American institute of Archltacts. All rights resorvad, WARNING; This AIA& Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIAO Document, or any portion of It, may 39 result In severe clvll and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA t software at 18:54:40 ET on 1212112018 under Order No.4296692226 which expires on 09/06/2019. and is not for resale. User Notes; (1764438117) Additions and Deletions Report for AIA0 Document A 141TM —2014 This Additions and Deletions Report, as defined on page lot the associated document, reproduces below all text the author has added to the standard form AIA document In order to complete it, as well as any text the author may have added to or deleted from the original AiA text. Added text Is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for Information purposes only and Is not incorporated Into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 18:54:40 ET on 12/21 /2018. PAGE 1 AGREEMENT made as of the day of in the year 2018 City of Ocoee 150 N. Lakeshore Drive Ocoee, Florida 34761 a Florida municipal corporation _Wharton -Smith, Inc. 750 Monroe Road Sanford Florida K771 a Florida corporation RFP #18 001 Design -Build Services for New Ocoee City Hatt PAGE 2 A DESIGN•BUILD AM990MAMENDMENT, as madifieti. INSURANCE; AND BONDS = SUSTAINABLE PROJECTS _ PAGE 3 Per the Desi n Criteria Pa ka authored b Z sovi h Inc,and the terns and conditions of the RFP and the Design Build Firfn's response to RFP #1$ 001 Design Build Services for New Ocoee City Hall- Stage 1 and Stage_2 .11 Per the Design Criteria Packago authored by Zysoviclt Inc included as Exhibit #1, To be determined. Additions and patetions Reportfor AIA Document A141'— 2014. Copyright02004 and 2014 by The American Institute or Architeots, All n8ttrs reserves. WARNING: This AIAo Document Is protected by U.5, Copydght Law and international Treaties. Unauthorized reproduction or distribution of this AIAID Daeument, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:54:40 ET on 1212112018 under Order No.4296692226 which expires on oe/o6J2019, and is of for wale. User Notes: § 1,1,4 "t'hc Owner's anlicipated Sustainable Objective I'or the Prclject, if illy: N/A None None Total p�j4c_:tbudget for desi�tl and consttliction S 10,000,000.00 PAGE 4 To be determined C otttnletit>n dates will he estpt>lishcd u11gn executicgi of Pxhit��t•�1— Pris;c_ AImIld,'ell � HuntonBrady Architcets 800 N. Magnolia Ave.,,,Suite- 600 Orlando Florida 32803 S&\14F .. <:'iy11 n tueerin = and l ttndseauc Architecture BBM - Structural Engiuecrh SGM I n>yineering_Mechallic Ili , Gfectr�4, i I'lumbin r, ttnd Fire Protection ells ineerin and commissioning services I'hc Genera{ C aniractor Servi e. sl4_� 11,11 be 1?ct'formcii bV �1'hurtatl-Smith Inc, Subcontractors will be Selected at a later date. �'1:1,1�-1-f-the-{•3u�++erg++ntl-(-�c=sign-€3t++#c#eri++tt3+tdtt>-tvunst�+il-6t+s4+++rNef+te t>#'-Strw+=e-er-++ny-t�t�e+�-i+rf�rttia€iota-ter doet++ttents+tie+a--i+t-t#igifa#-€er+tt� t#+ey .she#I-endettver-tcrestt+b4isfa-nee-�t+r�l-ptoteen#++-gore+i+tttg-such-€rtu+s+t+i;+sio+as; finless-e€kel-wise-ag+mac#;-tlae-lief€ies-wi1#-t+si�•A•TA-1]cx.ttntent-f"s�f1_� 2A{3-t�estc+Mislatitel3rutt�c-o#s-fo>`-tile develit#�tatetat; +use; tHtt++:r+ttiss+ettrntttl exeltt+nl;e-caf•tligittt#-+#.eta-t++tc�•bu+lc#i++g-i+t€er+tart€it}n-ntetdelong: Additions and Deletions Report for AtA Document A141'" — 2014, Copyright O 2004 and 2014 by Tho American Institute of Architects. All rights reserved. WARNING: This AIA," Document is protected by U.S. Copyright low and international Treaties, Unauthorized reproduction or distribution of this AIA" 2 Document, or any portion of it, may result ht aevero civil and criminal penalties, and wfll be prosecuted to Ilia MAXIMUM extoht possible under the law. This document was produced by AIA software at 18:64:40 ET on 12121I2018 under Order No,4296602226 which expires on 09106/2019, and is of for4a sAle. User Notos; Mr, Al Butler Owner's Representative Support Services Director City of Ocoee 150 N. Lakeshore Drive Ocoee Florida 34761 (407)554-7063 PAGE 5 Joint Cunningham, Managing Principal, Orlando Zyscovich, Inc, 250 S. Park Avenue, Suite 510 Winter Park Florida 32789 S&ME Inc for design of site improvements as part of the Lakefront Park design Contractor to be determined at a later date for site improvements as part of the Lakefront Park project. Rick Bundy Wharton -Smith, Inc. 750 Monroe Road Sanford Florida 32771 407-321-$410 [ X j Litigation in a court of competent jurisdiction The prevailing party in any dispute arising from this agreement shall be entitled to the recovery of its reasonable attorney's fees and costs from the non -prevailing party. incurred in any formal legal procecdin s including but not limited to any appeals. PAGE 7 See Exhibit ##4 Desig_1t Builder's Pre -Construction Services Proposal including Design -Builder's Compensation, prior to execution of the Design -Build Amendment N/A § 2.1.4.1 Payments are due and payable upon presentation of the Design -Builder's properly submitted and approved invoice. Amounts unpaid twenty-five ( 25 ) business days after the properly submitted and approved invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Design -Builder. Progress Pa ents Owner shall make progress panierits on aec' nt of the Contract Price on the basis of Contractor's properly submitted and approved Applications for Pa ent as recommended by Owner's Representative not later than the Twenty fifth (25th) business day after the date on which the properly submitted Anglipation For Pqyment is initially received by the Owner All such progress payments will be on the basis of the progress of the work measured by the Schedule of Values and in the case of Unit Price, work based on the number of units completed and included in Contractor's qualifications submittals. Additions and Deletions Report for AIA Document A141 m — 20% Copyright®2004 and 2014 by The American institute of Architects. All rights reserved. WARNING; This AIA11 Document Is prolacted by U,S. Copyright Law and International Treaties. Unauthorized reproduction or disirlbution of this AJAe 3 Document, or any portion of it, may result in severe civil and Criminal penalties, and will be prosecuted to the maximum extent possible under the law. This dooumenl was produced by AIA software at 18:54:40 ET on 12/2112018 under Order No.4296692226 which expires on 09/0612019, and is not for resale, Usar Noles; (178400117) ProgKess pLiyments. w'll be made in an amount equal, to the percentage indicated in the VAragraph below but in each case less the aggregate of payments previously made and less such amounts as Owner's Representative shall determine or Owner may withhold. Progress payments shall be equal to ninety percent (90%) ofthe value of work completed...anti: ninety percent(90%) of the value of materials and equipment not incorporated into the work but delivered and suitably stored and accompanied by documentation satisfactotx to Owner with the balance of the value of the work being retainage. However, when the work has reached the point of being fiftLpercent (50%) complete the retamage may not exceed five percent Se/a of the value of the work completed. No retains a will be held on the Design -Builder's ENconstruction Services fee. Final Payment Upon final completion and acceptance of the work Owner shall pay Contractor an amount sufficient to increase total pavments to 100 percent of the Contract Price However, not less than two percent (2%1 of the contract price shall be retained until Record Drawings specifications addenda modifications and shop drawings, including all manufacturers instructional and parts manuals are delivered to and accepted by the Owner's Representative. 6.09 e/a § 2,1 *2 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times for a period of Vwe-f• our years following exeentiartcompletion of the Dcsign-Build Amendment or termination of this Agreement, whichever occurs first. PAGE 11 § 3.1.16 Design•Bulldor's Insurance and Bonds. The Design -Builder shall purchase and maintain insuranee md-previde b R. insurance, including Builder's Risk coverage and provide performance and payment bonds on a Public Construction Bond form in compliance with Section 25505 Florida Statutes attached as Exhibit 02 in coverages as required and set forth in RFP #18 001 Design -Build Services for new Ocoee City Hall Stage I and 2. INSURANCE: The Design Buildcr shall be required to provide evidence of Builder's Risk General (public & Propertv) Liability, coin antes e. entabletotheCilyat the minimum limits and coverages listed below with deductible am grit acceptable to the Gity, The selected Contractor shall not commence any work in connection with an Aueement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Contractor allow any subcontractor to commence work on a subcontract until all similar insurance required of the of Florida which maintain a Best's Rating of "A" or better and a Financial Size Category of "VIP or better according to the AM Hest Company Policies for Workers' Compensation may be issued by companies authorized as a_ rou self -insurer by F S 440 57 Florida Statutes. 1 Loss Deductible Clause: The City shall be gxcmpt from and in noway liable for any sums of money which May re resent a deductible in any insurance volia, The pUment of such deductible shall be the sole responsibility of the General Contractor and/or subcontractor providing such insurance. Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers' Compensation Law In case any class of employees en a ed in hazardous work under this contract for the City is not protected under the Workers' Compensation statute the Contractor shall provide and cause each subcontractor to provide adequate Additions and Deletions Report for AIA Document A141"' —2014. Copyright P2004 and 2014 by The American Institute of Architects, All rights reserved, WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIAe 4 Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent passible under the taw. This document was produced by AIA software at 18:54:40 5T on 12121J2018 under Order No,4298692226 which expires on 09106l2019, and is not for resale, User Notes: (1764439117) insurance satisfacto[y to the City for the protection of the Contractor's employees not otherwise protected Include Waiver of Subrogation in favor of the City of Ocoee. 3 Contractor's Public Liability and Property Damage Insurance' The Contractor shall obtain during the life of this A reement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the QijY of Ocoee as an additional insured and shall protect !be Contractor and the City from claims for damage for personal iniury including accidental death as well as claims for proper damages which may arise from operations under this Agreement whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor, and the amounts of such insurance shall be the minimum limits as follows: 4 Builder's Risk' This policy should be listcd on an Evidence of Property form for the 100% Completed Value Cost naming the City as an additional insured S. Automobile Bodily Injury Liability & Property Damage Liability a $1 000 000 Combined single limit per occurrence (;each person each accident) a All covered automobile will be covered via symbol 1 a Liability coverage will include hired .& non -owned automobile liability a Include Waiver of Subrogation in favor of The City of Ocoee 6 Comprehensive General Liability (Occurrence Form) - This policy aboilld name the City of Ocoee as an additionat insured and should indicate that the insurance of the Contractor is primary and non-contnbutory. a $2,000 000 GENERAL AGGREGATE a $2 000 000 PRODUCTS -COMPLETED OPERATIONS AGGREGATE a $1000 000 PER QCCURRENCE • $1 000 000 PERSONAL & ADVERTISING INJCJRY • Include Waiver of Subrogation in favor of the City of 0eo e 7 Subcontractor's Comprehensive General Liability Automobile Liability and Worker's Compensation Ins anec: Ihe Contractor shall rcguire each subcontractor to nrocure and maintain during.the life of this subcontract insurance of the typ_ _ e specified above or insure the activities of these subcontractors in the Contractor's policy, as specified above. 81 Owner's Protective Liability Insurance' As applicable for construction projects, providing coverage for the named insured's liability that arises out of operations performed for the named insured by independent contractors 04d are direetlximposed because of the named insured's general supervision of the independent contractor. The Contractor shall procure and furnish an Owner's Protective Liability Insurance Poliey with the following limits; $1 004 000 and per occurrence $2 000 000 Aggregate and naming the City of Ocoee as the Named Insured. 9 Cogumettial Liability' If the project is not bonded, the Contractor's insurance shall also include contractual liabili coverage to insure the fulfillment of the contract. NOTE: PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LI BILITY INSURANCE THE CITY SHALL BE NAMED AS ADDITIONAL INSURED • $ t 000 000 PER OCCURRENCE • $2 000 000 AGGREGATE Commercial Umbrella: • Minimum $5,00.0 000 • Tincludinp, Employer's Liability and Contractual Liability 10 Certificates of insurance' Certificate of Insurance Form naming the City of Ocoee as an additional insured will be furnished by the Contractor upon notice of award These shall be completed by the authorized Resident Agent and retumed to the Office of the Purchasing Agent This certificate shad be dated and show: a The name of the Insured Contractor, the specific job by name and job number the name of the insurer, the number of the polio, its effective date ano its termination date. Additions and Deletions Report for AIA Document Al41 m — 2014. CopyrightCt 2004 and 2014 by The American Institute of Architects. Ali rights reservad. WARNING.- Thls AiAo Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AiAm 5 Document, or any portion of it, may result in severe civil and criminal penattles, and will be prosecuted to the maximum oxtont possible under the law. This document was produced by AiA software at 18:54:40 ET on 12/2112018 under Order No.4296692226 which expires on 09/0612019, and Is not for resale. User Notes: (1704438117) Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material chap eg s in provisions or cancellation of the policy except ten (30) days written notice of cancellation for non-payment of emtum. BONDS: b The cost of the Payment and Performance Bonds shall be t)orne by line buccesstul x.esnonaem, i ne oonas shall be accompanied by duly authenticated or certified documents in duplicate evidencing that the person executing the Bonds in behalf of the Surety had the authority to do so on the date of the bonds The date of the certification cannot be earlier than thq AgreemeL C. ply State of Florida Statute 255 05 will apto this contract Once Design -Builder receives the fully executed contract and dated bonds from the City. Design -Builder is required to record the performance and payment bonds with the public records of Orange County,_Design Builder is required to provide the City with a certified cony of the recorded bonds before the City can issue the Notice to Proceed or make any payment for thts_prolect. PAGE 15 The Design -Builder shall pay sales, consumer, use and similar taxes, for the Work provided by the Design -Builder, that are legally enacted when the Design -Build Amendment is executed, whether or not yet effective or merely scheduled to go into effect, The Design Builder shall provide and manage an Owner Direct Purchase Program to allow for the Owner (Cy) to purchase most materials and equipment for this proiect without State of Florida sales tax in accordance with the Florida Department of Revenue regulations it is allowable for direct purchase of construction materials by a governmental endtxpursuant to 212 08(6) F S and Rule 12A-1 094 F A Q. The Design -Builder shall list the Owner as an Additional Insured on their Builder's Risk insurance Policy for this project The procedures for the Direct Purchase Program are as follows; L. Direct Purchase Order. The City will issue a Purchase Order directlyto the applicable vendor supplying the materials the Design Builder will use for this project A copy of the City's Florida Consumer's Certificate of Exemption will accompaU the Purchase Order to the vendor. The vendor's Quote shall accompany the requisition. 2 Certificate of Bntitlemenh The City shall issue a Certificate of Entitlement to each applicable vendor. A Certificate of Entitlement shall accompany each purchase order, with a copy to the Design -Builder. 3� Direct Invoice: The vendor's invoice must be issued to the City and not t the Design -Builder. 4� Direct Payment: The City must make payment directly to the vendor from public funds. 5. Passage of Title: The City will acquire title to the materials from the vendor upon delivery to the iobsite. 6. Assumption of the Risk of Loss: The Cijy is named as an additional insured on the Design -Builder's builder's risk insurance pollcv 7 Impact on Contract Sum for Owner Direct purchases: The total contract sum shall be reduced for both the gost plus sales tax saved for all Owner Direct purchased materials and equipment. PAGE 18 S 516 Owner's Independent Review The Owner may obtain independent review of the Design Builder's design construction and other documents by a separate consultant Such independent review shall be undertaken at the owner's expense and in a timely manner and shall not delay the pro ess of the work The Owner may appoint an on -site representative to observe the Work or other responsibilities as the Owner and Design Builder may agree to in writing, PAGE 19 4 All Change Order requests shall be on thqjWpropriate gity-supplipd Exhibit 5 Change.0rdpr Fo PAGE 21 § 7.210 The 9w+i6r-Desi ng___Builder shall purchase and maintain insurance as set forth in Bxhibi&HB:in 3.1.16. PAGE 26 Additions and Deletions Report for AIA Document A141 O —2014. Copyright ©2004 and 2014 by The American Inetltuto el ArcrillACle. All ngncs reserved. WARNING: This AIAe Dooument is protected by U,S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIAe 6 Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosacuted to the maximum extent possible underthe law, This document was produced by AIA software at 18:54;40 ET an 1212112018 under Order No.4296692226 which expires on 0910612019, and is of for resale, User Notes: § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Design -Builder submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner or the Owner's property might be responsible or encumbered, (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design -Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the Design -Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design -Build Documents, (4) consent of surety, if any, to final payment, (5) as -constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction, (6) assignment of manufacturer's warranties, product data, and maintenance and operations manuals, and (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Owner. If an Architect, a Consultant, or a Contractor, or other person or entity providing services or work for the Design -Builder, refuses to furnish a release or waiver required by the Owner, the Design -Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the Design -Builder shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Design -Builder or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the Design -Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted, If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design -Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Design -Builder to the Owner prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Certification of payment in full at Final Payment from all subcontractors and suppliers. iers. § 9.10.5 Acceptance of final payment by the Design -Builder shall constitute a waiver of claims by the Design -Builder except those previously made in writing and identified by the Design -Builder as unsettled at the time of final Application for Payment. ti 910 6 The Payment process shall comply with the Florida Prompt Payment Act. PAGE 28 In an emergency affecting safety of persons or property, the Design -Builder shall ffet, at the Designet `s disere6en; get to prevent threatened damage, injury or loss -toss providing conditions are safe to do so. The Design Builder shall notify Owner of the emergency as soon as practical to do so. PAGE 30 �12.1.1 All finished or unfinished documents data studies surveys drawings maps, models, photographs, specifications plans and reports prepared or provided by, the Design Builder in connection with this Agreement shall b eome the property of the Owner, whether the projectis corn leted or not. Such documents shall be deliyered to the City within 21 days of receipt of the written notice of termination or upon final Completion of the project If applicable the owner may withhold any payments then due to the Design Builder until the documents are received by the Owner. Use of the documents shalt be in accordance with the provision of this sect an. § 12.3.1 The Design -Builder shall obtain non-exclusive licenses from the Architect, Consultants, and Contractors, that will allow the Design -Builder to satisfy its obligations to the Owner under this Article 12, The Design -Builder's licenses from the Architect and its Consultants and Contractors shall also allow the Owner, in the event this Agreement is terminated for any reason other than the default of the Owner or in the event the Design -Builder's Additions and Deletions Report for AIA document A141 TM _ 2014. Copyright GI 2004 and 2014 by The American institute of Archkteets, All rights reserved. WARNING: This AIAe Document is protected by U,S. Copyright Law and International Troatlos, Unauthorized reproduction or distribution of this AIA° 7 Document, or any portion of it, may result in severe clvll and criminal penalties, and will be prosecuted to tho maximum extent possible under the law. This document was producod by AIA software at 18:54:40 ET on 12121i2018 under Order No.4206692226 which expires on 00i06l20i8, and Is notforresale. User Notes: (1764438117) Architect, Consultants, or Contractors terminate their agreements with the Design -Builder for cause, such as the parties ability_to agree on a Contract Sum or GMP, to obtain a limited, irrevocable and non-exclusive license solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner (1) agrees to pay to the Architect, Consultant or Contractor all amounts due, and (2) provide the Architect, Consultant or Contractor with the Owner's written agreement to indemnify and hold harmless the Architect, Consultant or Contractor from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's alteration or use -of the Instruments of Service. PAGE 33 Anticipated Unfavorable Weather Days The Desigtt Builder expressly acknowledges that unfavorable working conditions will exist at the site of the Work as a result of normal local weather. The anticipated number of unfavorable weather days per respective month is as follows: ANTICIPATED UNFAVORABLE WEATHER DAYS Month Normal Local Bad Weather Days Per Month Month Normal Local Bad Weather pays Per Month January 2 MI 6 February 3_ August 6 March 3 Se to ber 5 April 2 October 3 M>� 3 November 2 June 5 December 2 Contract "Unfavorable Weather Hays" shall be determined from the above "Anticipated Unfavorable Weather Days" table and shall be counted from the effective date of Contract Notice to Proceed through the date of Contract Final Completion To -be anticipated unfavorable weather days Shall be prorated through partial months and shall be rounded up or down as per standard practice (i.e., 0.1 through 0.4 days shall be rounded down to the next whole number an 0 5 through 0.9 shall be rounded up to the next whole number). Conversion of calendar days to work days shall be as follows: t To convert calendar days to work days for a six (6) day workweek divide calendar days by 1.17. 2 To convert calendar days to work days for a five (5) day workweek divide calendar days by 1.40. The established Contract Timc(s) includes an allowance for delays caused by the effects of unfavorable working conditions as 4 resultof normal local weather. An anticipated unfavorable weather day is defined as follows: I. The Design Builder being; unable to work at least 50% of the normal work day on pre -determined controlling work items due to adverse weather conditions: ar Additions and Deletions Report for A1A Document A1411--201d. Copyright* 2004 and 2014 by The Amodcan Institute of Architects. All rights reserved. WARNING; This AIAO Document Is protected by U.S. Copyright Law and International Treatios. Unauthorized reproduction or distribution of this AIAo $ Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extant posalble under the law. This document was produced by AIA software at 18:64:40 ET on 1212112010 under Order No.4296692226 which expires on 0910512019, and Is not for resata. User Notes: (1764438117) 2 The Design -Builder must make major repairs to work damaged by weather, provided that the damage is not attributable to the Design -Builder's failure to perform or neglect: and provided that the Design -Builder }vas unable to work at least 50% of the normal work day on pre -determined controlling work items. The Design -Builder shall take reasonable precautions to mitigate the impact of such unfavorable weather conditions and shall diligently attempt to perform the Work. Unfavorable Weather Allowance Local weather conditions shall be considered in the nlanning.and whedµling of the Work to ensure the completion of the Work within the Contract Time(ss)provided No time extension(s)will be granted for the Contractor's failure to take into account such weather conditions for the location of the Work and for the period of time in which_ the Work is to e aceom lished The total expected loss of working days shall be included in a separate identifiable controlling work activity labeled "Unfavorable Weather Days Allowance" to be included in the project schedule prior to the required Substantial Completion Date When unfavorable weather days are experienced and are approved as such by the Owner's Representative the Contractor shall either; 1 Increase the duration of the current controlli work activity ies b the number of unfavorable weather da s g,perienced. or 2 Add a controlling work activity to the schedule 10 reflect the occurrence of the unfavorable weather The duration of the unfavorable weather da allowance activity shall be reduced as weather days are experienced and included in the schedule Any remaining unfavorable weather days in the unfavorable weather day allowance activity at the completion of the project shall be considered as float and shall not be for the exclusive use or benefit pf either the [owner or Design -Builder. PAGE 36 g 14A ArbilmOon s }ast e, bx shTiatless4h ethef%4sej shall be admifiistered by theAmerietin in aneefitlt its Ceetionndustfy �} ,ere to the offief-pa" the Gentmet-h4 gd te notiee of demand for arbitratien must o eln ifl. t.1-1-A- demand all Claims !hen known to that partyen permitted to beAenumded but jano event shall it be made after the date when the institution of legal or equitable pre ceedings based on the Clai en shall ba tr+ade ne e wauld be bamed mitations or statute of r}e€ r arbitre ett4y-the per-sett-e itfatieH shall eeti&titu quju41 p airs based eii the Claim, r-e r908edi e a , and jadgment't4 §44.43The-fe •.��to t: t =a s , eefi58fitqto the Agreement, Aall be specifleally efifereeable tijider--applicable-lttw in-atty-eour-t hem }ut iedietie>rthateee� § 44,44-GonsolidaElon-6f-dolnder lidate an afbitFation eendueted der -this Agreemet}t-wkh-ft" t3 It Additions end Datetions Report forAIA Document A141 T" — 2014, Copyright + 2004 and 2014 by The American Institute of Architects, All rights reserved. WARNING; This AIA10 Document Is protected by U.S. Copyright Low and International Treaties. Unauthorized reproduction or distribution of this AtA° 9 Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent posaible under the law, This document was produced by AIA software at M64t40 ET on 12/2112018 under order No.4206692226 which expires on 09/0512019, and Is not for resale. User Notes; (1764430117) pettttits-ec�n;roki�tt�iert;{�-j-t#e-ar•1}i�tt�t+t�t��-t�rk�e-er�ttsel�kuteri-suk�stttrttttt�F��i�rnt>trt#hestiett;�tr�ttw-ear-titer; unt#-(3�-the-ark�iH'tt Mutts•etttnk�y-tnr�tef•kttk#y-si tliilat-•Free-edtt r'+ti-Title.Terre!-rtietheds-f�{- set eeFi ng-tit�iiHttEur'{�•): $rUA.4,2 Hi! lied-itj•a set�r�}etti}ttest otrot lttwar feet Lose-13r'esel egWred 4komfAeteAv11ef-is to beftueordedAn arb trat{ewTk*ded that the prly Writing to-suoh-joindet-, frnsent Ee ar#3iiratier� ijt�t3kvittga+t a�lditttkttlrl pens©t�-or-ettEity-shtt4�••rtol c�ttstdtute-eetnettH�-ttr#�itretiott-n(' arty-ekflitn; d}sk>ttte ot= otltct-trttttter#tt-clttestiolt-riot desorabecl•-it;-tHe�v�iftetrc-orteett� §44:4:4 The Om, riet nd-f3eMp-13t ider-grow to a"erson er-ertt+t +Made tt pa+ty to e+rztrt�itt tia+t eettdtt��ted ttrteler 94'4ieetioo 14.4, -the Owner- "d Design-Bui4derut d t-this iiw+; PAGE 38 A#A Document A 141'r"11-2014, Standard Form of Agreement Between Owner and Design-43ui#derT—)oi a Builder, as modiriod A[A Document A 141T"'--2014, rxhibit A, Design -Build Amcndtneitt, gs inoclificd, if executed .6 Other: finable-trroJeats;-tt-eorTt}�tete<ir7uttt�t[ �t,� � t✓errtficilfe 4-0thef-The Des4,I-BU]ILIor'8 response to RFP #1 8-001 S tatzes I and 2 are i eot-of i(e(lin o this tI emcut by rc re N11Ctcc. Signature age follows. Additions and Deletions Report for AIA Dooument A141T" -- 20f 4, Copydyht 9)2004 and 2014 by The American Institute of Archilects. All rights reserved. WARNING: This AIAz Document is protected by U.S. Copyright Law and International Treatlos. Unauthorized reproduction or distribution of this AW-t 10 Document, or any portion of It, may result In severe civil and criminal panaitles, and will be prosocuted to the maxlmum extent possible under the law. This document was produced by AlA software at 18:54:40 ETon 1212112018 under Order No.4296692226 which expires on 09106/201 g, and Is not for resale. User Notest (1764438117) CITY OF OCOEE SIGNATURE PAGE FOR DESIGN -BUILD SERVICES FOR NEW OCOEE CITY HALL DESIGN -BUILDER: WHARTON-SMITH, INC. SIGNATURE: PRINT NAME: TITLE; WITNESSES: NAME: NAME: TITLE: TITLE: OWNER: CITY OF OCOEE, FLORIDA ATTEST: APPROVED: BY: BY: Melanie SibbittCity Clerk Rusty Johnson, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY CITY OF OCOEE THE CITY OF OCQEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY on , under Agenda Item this day of 20I SHUFF'IELD LOWMAN & WILSON PA, Additions and Deletions Report for AIA Document A141 r —2014. Copyright m 2004 and 2014 by The American institute of Archltects. All rights reserved. WARNING; This AIAQ Document Is protected by U,S, Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIAo Document, or any porilon of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extant poasibla under the law. This document was produced by AIA software al 18.54:40 ETon 12/21/2018 under Order No,4296692225whlch expires on 09I06/2019, and is not for resale. User Notes: (1764438117) BY; Scott A. Cookson, City Attorney Additions and Deletions Report for AIA Document A141r' — 2014. Capydght O 2004 and 2014 by The American Institute of Architects. All rights reserved, WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA° 1,2 Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosoeuted to the maximum extent possible under the law, This document was produced by AIA software at 18:54,40 ET an 12121/2018 under Order No,4296MM3 which expires on 0910612019, and Is not for resale, User Notes: (1784438117) EXHIBIT 4 tk � December 10, 2018 Mr, Al Butler City of Ocoee, Director of Support Services 150 North Lakeshore Drive Ocoee, FL 34786 Re: Ocoee City Hall (RFP # 18-001) Preconstruction Contract Exhibits; Scope of Services, Preconstruction Schedule and Schedule of Values Dear Mr. Butler; Marton-Smflh, Inc. CONSTRUCTION GROUP 18-133 file C-10 We are pleased to provide the attached written scope, preconstruction schedule and fee cost breakdown schedule of values for the preconstruction phase of the Ocoee City Hall Project. We have aligned these tasks with the overall project design and construction duration of seventeen months, starting from the preconstruction notice to proceed, as outlined in the project RFP. This schedule allows four months for design, one and a half months for bidding and permitting and eleven and a half months for construction. This schedule is dependent upon the Schematic Design being a further development of the design concept presented at the City Commission proposal review meeting and the City's design reviews running concurrently with the start of each following design phase. The enclosed scope of work and schedule of values cost breakdown for our proposal of Seven Hundred Twenty-four Thousand, Five Hundred Ninety-nine Dollars and Zero Cents ($724,599.01) has been broken down to clearly identify the costs and design deliverables. These services will be provided as a fixed fee, lump sum amount and will be invoiced as completed and in accordance with all the mutually agreed upon terms and conditions of AIA -A141 Design - Build Contract, 750 Monroe Road, Sanford, FL 32771 1 Phone: (407) 321-8410 1 Fax: (407) 829-4453 Mailing Address: P.Q. Box 471028, Lake Monroe, FL 32747-1028 AL- 45684 1 FL- CG C032669 l 6A -GCCO 061333 1 iA--52227 1 MS-18232MC I NC - 38755 1 SC ^ G97817 l TN - 624191 VA - 2705121584A EXHIBIT 4 CONSTRUCTION GROUP Should you have any questions, please do not hesitate to contact me at (407) 321-8410 or (407) 640-0441. We look forward to working with you and the rest of the staff on the Ocoee City Hall project. Sincerely, Wharton -Smith, Inc, �7 Randall Ellington Sr. Project Manager cc: Rick Bundy, Wharton -Smith, Inc, Attachments: Scope of Services, Preconstruction Schedule and Schedule of Values 750 Monroe Road, Sanford, FL 32771 1 Phone: (407) 321-8410 1 Fax: (407) 829-4453 Mailing Address: P.O. Box 471028, lake Monroe, FL 32747-1028 AL -45684 I FL • CG C032669 I GA -GCCO 001333 I LA--52227 I M5-19232MC i NC - 39755 I SC - G97817 I TN 62419 I VA - 2705121584A EXHIBIT 4 Ocoee City Hall Preconstruction Services SCHEDULE OF VALUES ......... . .......... . ................................. . ..... . . .. . .......... . . .................... . . .......... . ........... .............. ....................... ......SERVICE SERVICE ............. ........ . ..... ...... . ....................... . ............ . .... .......... VALUE E„ 1, . . ........ .............................................. Prepare 100% Schematic Design Documents .............. . .. ................. $ .. ............ . 140,006 ..... . ........ .... ............................Schematic -------,--Design- ,,... Cost ..,...E- s t�i m� a t c.- .......................................... ................. $ 16,200 ..... . ...... 1�66�4) besign Development Documents . ............ ................ ..... ................. ........... Design Development Cost Estimate ..... ................. .. ........... . ........... $ . ............ '._.._--. ,.j 16,200 .......... ................. e Construction s t ruct i o n Do c urn e nts 315,000 6, Bidding and GMP Development .... . ... . ...................... . . ................. .... ............... .......................... . . ..........2 $ ...... . .. . .... .... ............ . ..... ............ .... .. ......... 7)199 ............. . ... .......... ....... .......... ............. ............. .......... ....... ........... . .... ........... EXHIBIT 4 Ocoee City Hall Preconstruction Services SCOPE of SERVICES Schematic Design —The Design -Builder shall prepare Schematic Design Documents consisting of drawings and other documents Illustrating the scale and relationship of the Project components based on the Owner's Design Criteria, Project Schedule and construction. budget requirements. It is assumed that the Schematic Design will be a further development of the design concept presented at the City Commission meeting, Modifications to the Owner's Design Criteria, or exploration of multiple other design concepts may require the addition of time to the Schematic Design schedule; Cost Estimates —The Design -Builder shall prepare periodic cost estimates, based on historic data and input from the subcontractor community, to monitor the project cost and identify value engineering opportunities for the team's discussion. These cost estimates shall include quantity takeoffs broken down by CSi division. Design Development - Based on the approved Schematic Design Documents the Design -Builder shall prepare Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the project as to architectural, structural, mechanical, and electrical systems, materials and such other elements as may be appropriate. It is assumed in the project schedule that City of Ocoee review will run concurrent with the start of the following phase. Should the design team need to pause for official approval to proceed from the City, the duration of the phase will be extended accordingly. Construction Documents - Based on the approved Design Development Documents the Design -Builder shall prepare Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. These documents shall consist of completed contractual documents with detailed plan drawings and specifications, Including a complete site plan, architectural, mechanical, plumbing, structural, electrical documents and engineering calculations for structural and mechanical systems. It is assumed In the project schedule that City of Ocoee review will run concurrent with the start of the following phase. Should the design team need to pause for official approval to proceed from the City, the duration of the phase will be extended accordingly. Bidding, Permitting and GMP Negotiation - Following the Owner's approval of the Construction Documents the Design -Builder shall attend all pre -bid and plan review meetings as necessary, and shall respond to questions from subcontractors and the Building Department regarding the Construction Documents. Should the bid cost exceed the project budget, the Design -Builder shall assist the Owner In determining and evaluating possible project cost savings alternatives through the use of alternate materials and systems, as well as, options such as reduced architectural detailing and scope. Y EXHIBIT 4 Project ID: 16-047-B/L CITY OF OCOEE Run 10-Dec-18 at 1352 s CITY HALL whmton-smith, Ina c,OtitiTRI:C['[ON 6ROUr Activity !D Activity Name Orig Week 24 1 2 11121314 3 4 5 6 7 8 9 10 15 16 171819 20 21 22 23 2526 E}CUEE CITY.:H,AtL' ::.t7[CDur .-bEE ..FLORIDA ktttf.�7<'rQrsak-�1 rs 5jy ^c+ et c. .,�..�s,S,:. ... ..;.,. W A1000 NTP-Design 0 NTP-Design A1050 Design Kick-off Meeting 2 Design Kick-off Meeting fj A1060 Schematic Design 10 Schematic Design A1070 City Of Ocoee SD Review S M City Of Ocoee SD Review A1080 SD Estimate 5 ZZ SD Estimate }` A1100 l D Design Development 30 Design Development '. A1090 Design Review With Stakeholders 5 C] Design Review -With Stakeholders A1110 Cast Reconciliation 5 0 Cost Reconciliation A1120 Respond To Stakeholders Comments S 1M Respond To Sknkeho€dens Comments "- All 30 Structural & € nvelope Coordination Meeting 2 11 Structural & Envelope Coordination Meeting ' A1140 Systems Coordination Meeting 2 £Q Systems Coordination Meeting ' A1150 Hardscape &landscape Meeting 2 G Handscape & landscape Meeting Review ev City Of Ocoee DD Ri r. A1160 10 City Of Ocoee DD Review x : A1170 DO Estimate 10 ,; ;:,.„ y. DD Estimate All90 Construction Documents aO 30 MEMNIMM Construction Documents F A1180 Design Review With Stakeholders 2 Q Design Review With Stakeholders J Y A1200 Cost Reconciliation 5 p Cost Reconciliation >r' A1210 Respond To Stakeholders Comments EM Respond To Stakeholders Comments A1220 Structural &Envelope Coordination Meeting 2 8 Structural & Envelope Coordination Meeting A1230 Systems Coordination Meeting 2 0Systems Coordination Meeting it:; A1240 Hardscape & Landscape Meeting 2 ,. A1250 City Of Ocoee CD Review Q Hardscape &landscape Meeting 10 > ,:.•.>n�-m�,-. m. © f Ocoee C Re ��.,;... ,. .,.--,<.,..�,_.,„,..,�City D view .4 ilk-�iS i7ONSr - 4�t'!1 Al _... _. .r? 260 Permitting `�'"'" =� a,4 20 Permitting A1270 Bidding 20 Bidding A1280 GMP Development& Negotiation 15 MEMMEM GMP Developmen A1290 NTP- Construction 0 ♦ NTP- Constructi Actual Work IN Critical Remaining Work Page 1 of 2 Data Date: 03-Apr-17 Remaining Work +M Milestone TASK filter. Precon schedule.