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HomeMy WebLinkAboutItem 10 Approval to Award RFQ #19-008 Construction Manager at Risk for Fullers Cross Road and Ocoee Apopka Road Intersection Improvements`` 'J ocoee Florida AGENDA ITEM COVER SHEET Meeting Date: September 17, 2019 Item #: /U Reviewed By: Contact Name: Joyce Tolbert/Vanessa Department Director: Anthony Contact Number: Ext. 1516 City Manager: Rebecca Robe Robert Subject: Award of RFQ #19-008 Construction Manager at Risk for Fullers Cr ss Road and Ocoee - Apopka Road Intersection Improvements Background Summary: The City Commission approved the Interlocal Agreement with Orange County for the improvements to the Fullers Cross Road and Ocoee -Apopka Road Intersection, whereas the City agreed to manage the design, bidding and construction of the Improvements. The design portion is current at 60% with Vanasse Hangen Brustlin (VHB), and the CMaR firm will provide pre -construction services in collaboration wNHB to finish the design. The existing intersection is a signalized, four-way crossing with rural sections on both roads. The proposed improvements will add left turn deceleration lanes from the four approaches, adding south -bound and east -bound right turn deceleration lanes and the replacement of the existing traffic signal with a mast arm traffic signal. In compliance with the Consultants' Competitive Negotiations Act (CCNA), Florida Statutes Section 287.055, et seq., and Florida Statutes Section 255.103, Construction Management or Program Management Entities, et seq., and the policies and procedures of the City of Ocoee (City), the City solicited statements of qualifications from qualified Construction Manager At Risk firms (CMR) to be responsible for construction administration and general contracting services resulting in the successful, timely and economic completion of the Fullers Cross Road and Ocoee -Apopka Road Intersection Improvements for the best value possible. Construction management services shall include but not necessarily be limited to a. Pre -construction Phase services, including design and construction document review and recommendations in collaboration with the project design team; b. Submission of a Guaranteed Maximum Price and Guaranteed Completion Date; c. Construction Phase services, conditioned upon acceptance of the Guaranteed Maximum Price and Guaranteed Completion Date offered by the firm. The CMR firm must be experienced in providing CMR services for projects of a scope and nature comparable to those described. The construction management entity must have the ability to secure an appropriate surety bond pursuant to s. 255.05 and in conformance with City requirements and must hold construction subcontracts. Use of qualified subcontractors for specialty work is acceptable. To be considered, the firm or individual shall be a licensed professional in accordance with Florida State law and be familiar with all applicable State of Florida, Orange County, and City of Ocoee codes, regulations, and laws. The RFQ was advertised on June 30, 2019 and was publicly opened on July 30, 2019. There were two (2) responses submitted. The Finance and Public Works Departments reviewed the qualification statements and both were considered responsive, see the attached Checklist. Attached are the two (2) ranked responses; original copies of all responses are available in the Finance Department for your review. The two (2) responses were evaluated by the RFQ Evaluation Committee appointed by the City Manager, which was comprised of three (3) members: Steve Krug, Public Works Director; Richard Campanale, City Engineer; and Mike Rumer, City Planner. The public RFQ Evaluation meeting was held on August 14, 2019 for the purpose of interviewing the two (2) firms and finalizing the shortlist for recommendation of award. Please see the attached shortlist/evaluation forms from the meeting. The evaluation committee short-listed the following firms in ranked order, and recommends contracting with the top-ranked firm Oelrich Construction per the attached award recommendation from the Public Works Director. The table below is the Evaluation Committee's rankings: Rank/Respondent 1. Oelrich Construction, Inc. 2. Gibbs & Register Issue: Should the City Commission award the Construction Manager at Risk for Fullers Cross Road and Ocoee Apopka Road Intersection Improvements to Oelrich Construction, Inc., as recommended by the Evaluation Committee? Recommendations: Staff recommends that the City Commission award RFQ #19-008 Construction Manager at Risk for Fullers Cross Road and Ocoee Apopka Road Intersection Improvements to Oelrich Construction, Inc., and authorize Staff to proceed with contract negotiations with the selected firm for the Pre -Construction Phase. Once the Pre - Construction Phase has been negotiated, the contract and fee will be brought back to the City Commission for approval. Staff will then proceed with negotiations for the Construction Phase, Guaranteed Maximum Price (GMP) and the Guaranteed Completion date of the project, which will also be brought back to the City Commission for approval once the required performance and payment bonds and insurance has been obtained. Per the State of Florida CCNA Act Statue 287.055, if contract negotiations are unsuccessful with the top-ranked firm, staff shall terminate negotiations and initiate negotiations with the next ranked firm, and so on, until an agreement is reached. Attachments: 1. RFQ #19-008, including the draft contract 2. Oelrich Response 3. Gibbs & Register, Inc Response 4. Evaluation Form/Shortlist 5. RFQ Checklist 6. Award Recommendation from Public Works Director 2 Financial Impact: Per the existing Interlocal Agreement with Orange County, the City is responsible for a 50% share of costs for design & construction which is adequately funded through an interlocal agreement between the City and Orange County. Type of Item: (please mark with an X') ❑ Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading A Consent Agenda ❑ Ordinance Second Reading ❑ Public Hearing ❑ Resolution ❑ Regular Agenda ® Commission Approval ❑ Discussion & Direction ❑ Original Document/Contract Attached for Execution by City Clerk ❑ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. ) Reviewed by CITY OF OCOEE REQUEST FOR QUALIFICATIONS (RFQ) #19-008 CONSTRUCTION MANAGER AT RISK FOR FULLERS CROSS ROAD AND OCOEE APOPKA ROAD INTERSECTION IMPROVEMENTS Ocoee f I o r i d a TABLRk- ;RAT RISK FO 3VEIVMEN'TS= ". :.. BID DOCUMENTS Section Page Legal Advertisement 3 RFQ Instructions & General Terms & Conditions 4-19 Conflict of Interest Disclosure Form 20 Company Information and Signature Sheet 21 Attachment "1" — VHB Plans 22 Attachment "2" —Proposed Agreement including Exhibits "A"— "M" (85 pages) 23- 107 Engineering Standards Manual (230 pages) Available as PDF on Demandstar End Table of Contents RFQ 19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 2 Improvements Request for Qualifications, Legal Advertisement The City of Ocoee, Florida, (the "City") is soliciting for sealed statements of qualifications for RFQ #19-008 Construction Manager at Risk for Fullers Cross Road and Ocoee Apopka Road Intersection Improvements. Qualification Packages will be received at the office of Vanessa Anthony, Purchasing Technician, Finance Department/Purchasing, First Floor, 150 North Lakeshore Drive, Ocoee, Florida 34761 until 2:00 P.M., local time, on July 30, 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, and 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 Drive, Ocoee, FL 34761. Persons inspecting the documents at the City Clerk's office that request copies will be required to pay a fee as prescribed by statute. Melanie Sibbitt, City Clerk, June 30, 2019. RFQ 19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 3 Improvements CITY OF OCOEE REQUEST FOR QUALIFICATIONS "RFQ" #19-008 CONSTRUCTION MANAGER AT RISK FOR FULLERS CROSS ROAD AND OCOEE APOPKA ROAD INTERSECTION IMPROVEMENTS A. INTRODUCTION AND GENERAL INSTRUCTIONS The City of Ocoee, Florida, in conformance with the Consultants' Competitive Negotiations Act (CCNA), Florida Statutes Section 287.055, et seq., and Florida Statutes Section 255.103, Construction Management or Program Management Entities, et seq., and the policies and procedures of the City of Ocoee (City), is soliciting statements of qualifications from qualified Construction Manager At Risk firms (CMR) that will be responsible for construction administration and general contracting services resulting in successful, timely and economic completion, thereby providing the best value possible for the City's Fullers Cross Road and Ocoee Apopka Road Intersection Improvement Project. Construction management services shall include but not necessarily be limited to: a. Pre -construction Phase services including design and construction document review and recommendations in collaboration with the project design team; b. Submission of a Guaranteed Maximum Price and Guaranteed Completion Date; c. Construction Phase services including construction project scheduling, coordination and administering of the construction. The project is identified as follows: Fullers Cross Road and Ocoee Apopka Road Intersection Improvements. Interested firms or individuals must be experienced in providing CMR services for projects of a scope and nature comparable to those described. The construction management entity must have the ability to secure an appropriate surety bond pursuant to s. 255.05, and in conformance with City requirements, and must hold construction subcontracts. Use of qualified subcontractors for specialty work is acceptable. To be considered, the firm or individual shall be 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 of Ocoee codes, regulations and laws. Please include a copy of all applicable licenses held by firms or subcontractors proposed to perform work. 2. The City intends to award a single contract to one (1) firm deemed to be the most highly qualified to perform the required services. In determining whether a firm is qualified, the City shall consider the Evaluation Criteria set forth in this RFQ. 3. Prospective respondents may secure a copy of the documents required for submitting a response through Onvia/Demandstar by accessing the City's website at hqp://www.ocoee.or under the "Living & Working" section. Partial sets of the RFQ19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 4 Improvements 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 the CMR and key staff/project team proposing to perform the work. Statements of qualifications must be limited to a total of fifty (50) 8.5"x 11" pages (including any resumes and 2 -page cover letter but excluding front and back covers, dividers, table of contents, and company information form), single -sided, portrait orientation, 12- point font. Additional requirements of submissions are supplied below in Section D. Any qualifications package failing to conform to these specifications is 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 package and shall be understood to do so. All expenses for providing qualification packages to the City shall be borne by the respondent. 5. 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: Vanessa Anthony, Purchasing Technician City of Ocoee Finance Department 150 N. Lakeshore Drive Ocoee, Florida 34761 Phone: (407) 905-3100 x 1513 FAX number: (407) 905-3194 vanthonykci.ocoee.fl.us 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 July 30, 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. RFQ19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 5 Improvements 7. The City will receive questions regarding the RFQ only through written inquiries directed to the Purchasing Technician. Deadline for receipt of written inquiries is July 23, 2019 at 2:00 p.m., local time. Questions received after that time may not be answered. 8. Potential Respondents should not contact City staff, with the exception of the Purchasing Technician, or City Commission, or other City consultants for information regarding this RFQ before the project award date. Any contact with any other member of the City Staff, City Commission, or its Agents during the RFQ, award, and protest period may be grounds for Respondent disqualification. 9. 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. 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. The provisions of the Consultant's Competitive Negotiations Act (Section 287.055, Florida State Statutes) and the provisions of Section 255.103, Florida State Statutes shall apply, where applicable. 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 an 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 RFQ19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 6 Improvements returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City. 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 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. 14. 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 the construction 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 Respondent uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and RFQ 19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 7 Improvements understood without exception that the bid price shall include all royalties or cost arising from the use of such design, device, or materials. 15. 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. 16. This project will be funded in accordance to the interlocal agreement with Orange County, FL. and other dollars appropriated by the City Commission. 17. Performance and Payment Bonds: a) The Successful Respondent 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 attached Performance and Payment Bond Forms shall be used. 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. 18. Conflict of Interest/Non-Collusion Certification: The Respondent declares by submission of a qualification package that the only persons, or parties interested in their bid are those named herein, that this bid 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 the Agreement for this project. The Respondent certifies that no City Commissioner, other City Official or City RFQ19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 8 Improvements employee directly or indirectly owns assets or capital stock of the bidding entity, nor will directly or indirectly benefit by the profits or emoluments of this proposal. (For purposes of this paragraph, indirect ownership or benefit does not include ownership or benefit by a spouse or minor child.) The 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, the Respondent agrees to immediately notify the City in writing. Respondent must submit the attached Conflict of Interest Statement. The Respondent further declares that a careful examination of the scope of services, instructions, and terms and conditions of this bid has occurred, and that the bid is made according to the provisions of the bid documents, and will meet or exceed the scope of services, requirements, and standards contained in the Bid documents. 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 bid constitutes a firm and binding offer by the Respondent to perform the services as stated. 19. Payment Terms: Payment will be based upon monthly applications for payment properly submitted by the Contractor to the Owner and based upon the percentage of work complete. The Owner shall deduct ten (10%) retainage until the job is fifty (50%) complete. Subsequent to the fifty percent (50%) completion milestone, Owner shall reduce retainage withheld on each payment application to five (5%) retainage. All retainage amounts shall be paid when the work is complete, unless otherwise stated in the contract. Payment for all applications for payment for work properly completed shall be made, 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. No payment will be made for materials ordered without proper purchase order authorization. Payment cannot be made until materials, goods or services, have been received and accepted by the City in the quality and quantity ordered. Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available. The City of Ocoee, Florida has the following tax exemption certificates assigned: • Florida Sales & Use Tax Exemption Certificate No. 85-8013779974C-0; and • Pursuant to Chapter 212, Florida Statutes, the City is exempt from federal RFQ19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 9 Improvements excise, state, and local sales taxes. 20. Safety Requirements: The Respondent guarantees that the services to be performed and the goods to be provided herein, shall comply with all applicable federal, state and local laws, ordinances, regulations, orders and decrees, including without limitation such of the following acts as may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor Standards Act, Occupational Safety and Health Act, Federal Hazardous Substances Labeling Act, Federal Flammable Fabrics Act, and any applicable environmental regulations. a) All contractors are required to comply with the Congressional Federal Register (CFR) of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) Construction Industry, Part 1926, and CFR 1910, General Industry Standards, that are applicable in construction work. b) The prime contractor is not only responsible for the safety aspects of his operation and employees, but also that of all subcontractors on the job site. c) Assure that a certified first aid person is designated, phone numbers of physicians, hospital and ambulance services are posted (copy to Personnel Director, City of Ocoee) and that a first aid kit is available. d) All individuals are required to wear hard hats on all construction sites. e) Provide personal protective equipment that may be required for jobs in progress (e.g.: hard hats, safety glasses, respirators, ear protection, long pants and shirts, etc.). 1) Observe the speed limit on City property. g) Construction areas cleaned daily; excavations must be barricaded or flagged until backfilled. In some cases, bracing, shoring and sloping may be required. h) Scaffolds shall have guard rails on all open sides and secured to prevent displacement. i) Powder actuated stud guns or low velocity and/or similar powder actuated tools require eye and ear protection as well as to ensure that all unauthorized personnel are well clear. j) Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided and combustible materials cleaned up. k) All heavy equipment must have, where applicable, (a) back-up alarms, (b) boom angle indicator, (c) load chart, (d) reeving, (3) fire extinguisher, (f) condition of hook and other items in accordance with OSHA 1926.550 and ANSI B30.5. I) Construction material shall not be stored so as to block exits. m) Ground fault circuit interrupters are required on all electrical circuits not part of the permanent wiring of the building. n) Personal fall protection must be provided at elevations exceeding ten (10) feet. o) Per City Ordinance, any Contractor using construction dumpsters within the City of Ocoee must obtain these services through Waste Connections of Florida. 21. Drug -Free Workplace: provide a statement concerning the Respondent's status as Drug -Free Workplace or evidence of an implemented drug-free workplace program. 22. Certification of Non -Segregated Facilities: RFQ19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 10 Improvements The Respondent certifies that the Respondent does not and will not maintain or provide for the Respondent's employees any segregated facilities at any of the Respondent's establishments and that the Respondent does not permit the Respondent's employees to perform their services at any location, under the Respondent's control, where segregated facilities are maintained. The Respondent agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting room, work areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking facilities provided for employees which are segregated on the basis of race, color, religion, national origin, habit, local custom, or otherwise. The Respondent agrees that (except where the Respondent has obtained identical certification from proposed contractors for specific time periods) the Respondent will obtain identical certifications from proposed subcontractors prior to the award of such contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that the Respondent will retain such certifications in the Respondent's files. The non-discriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the U.S. Secretary of labor, are incorporated herein. B. INSURANCE TERMS AND CONDITIONS The successful respondent shall be required to provide evidence of General (Public & Property) 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 "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 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 $500,000/$500,000/$500,000 for all the Contractor's employees connected with the RFQ19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 11 Improvements 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 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 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. 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. 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 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 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 6. 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. 7. 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. RFQ19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 12 Improvements 8. 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 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 Rnilders Risk- • $100,000 Any (1) Location • $1,000,000 Any (1) Occurrence (Remainder of page left blank intentionally.) RFQ19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 13 Improvements AC.QRD. CERTIFICATE OF UABILITY INSURANCE ltp CtRr1 MAINSUM4D AS AY aur At1D NwRtits Iro Ram wo g0lArdl. tNit OIR'17Ftull DON a NNlaall! 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D00 �t cesm"W stutrrM I !J «m wta �Jae■sUn i7, 000�,COC�. � k'a+v+'R► i — i � _� _ i a�wr•taaa.r i 504, ODD ' �+r'• '►i^`a ' a�o.v;t un.aan: r 145. eau oatw p.cvuR i SDO, 000 _-� Aay 1 7.a6 aolldesa Ris0. As► 1 ODe 1 000.000 Neersae aaalatlOeJ f J J1a®R WSaaalliaJe�.t ep�WJtta The icsaraaos ebide=sd by this eertitiraie aka11 Gem the aertifteate holders as a6 addititmal isatued on Che aeoere2 Li"Mty i Umbrella Liability. Workers' Ctsyessettas, aVloyese' Liability i Oesaral Liablli:y eksll eootatn ■ Rralver of h:brogatlnn is tenor ae the eertitlesee holder. ,As eertttseats balder is added ae a nZEd fm ad.ldla RWL G8SI7<iGa7c rraauaJa -. - - gCpf1t01 egltaasr0e'+s atae socwam.ctaeaat r�aattn tarsaane mwa+o. aaR r+eAur tae tsria ry%a wui�nnrr SO sn w�ma exw Rprasaeniwat wxm esato ret w. wr •aur w w n erst City of ernes aasarw�ra Nowhomntaxia"Wovarw*"t -Vwwnaa ore 150 X. LakasbDrlt.a awosnnwq ocoee n 34741-9750 a Sf+'� pL OW C' 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 Contractor upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Technician. This certificate shall be dated and show: • 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, RFQ 19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 14 Improvements except ten(10) days written notice of cancellation for non-payment of premium. C. SCOPE OF SERVICES The City of Ocoee and Orange County have executed an Interlocal Agreement for the design and construction of intersection improvements at Fullers Cross Road and Ocoee Apopka Road. The City has awarded the design for the improvements to VHB, Inc. All work to be in accordance to the "Ocoee Engineering Standards Manual", attached as Exhibit "i" to the proposed agreement. The selected plan includes storm drain, roadway, and signalization improvements. VHB and their consultants are the City's Design Consultants and Engineer of Record (EOR) and continue to advise and consult for the City managing the design of the overall project, administering the project delivery process and administering the process for the City to select a CMR to construct with a Guaranteed Maximum Price (GMP). The EOR are currently proceeding with the design documents and will be completing the permit and construction documents with the input of the selected CMR. The Construction Documents are approximately 60%complete.The CMR will be required to coordinate the improvements including Temporary Traffic Control (TTC)and utility coordination. The CMR selected will provide: 1. Pre-construction services including thorough document review and identification for constructability, completeness, redundancies, gaps, the development of cost containment strategies,value engineering and development of a Guaranteed Maximum Price(GMP). 2. Construction phase administration including all scheduling and construction phasing of the work, coordination with the other development work which may be occurring adjacent to the corridor concurrently, general contracting services (for all trades and including self-performance of work at the CMR's option and with City approval), coordination with private utilities, and securing of all required local construction permits for: FULLERS CROSS AND OCOEE APOPKA INTERSECTION IMPROVEMENTS The existing intersection is a signalized, four-way crossing with rural sections on both roads. The proposed improvements will add left-turn deceleration lanes from four approaches, add right-turn deceleration lanes, and the replacement of the existing traffic signal with a mast arm traffic signal. The cost of these improvements is estimated to be $1,000,000.00. Interested firms or individuals must be experienced in providing CMR services shall be RFQ19-008 Construction Manager at Risk for Fullers Cross Road&Ocoee Apopka Road Intersection 15 Improvements a licensed General Contractor in the State of Florida in good standing. Use of qualified subcontractors for specialty work is acceptable. To be considered, the firm or individual shall be 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 of Ocoee codes, regulations and laws. Please include a copy of all applicable licenses held by the CMR firm and project team proposed to perform work. 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. The required submission materials include the following: I. CMR's Qualifications • List of CMR's key employees/project team members, their qualifications/resumes, and their role in providing the desired City services. • CMR's and key employee's/project team members' certifications and licenses with regulatory agencies, professional organizations, etc. • Provide a project staff organization chart for the entire CMR team. • List of CMR's current or recent successfully completed similar projects within the past five (5) years with other public or private agencies which illustrates the experience of the CMR. • List of at least three (3) client references to include organization name, contact person, telephone number (s), and e-mail address. • Current and projected workload of the CMR, provide project and client names and project commencement and projected completion dates, and construction dollar value of the project. • Project Approach: Briefly describe the CMR's understanding of the project and how the CMR would accomplish this work. II. CMR's Office Location & Other Forms (not included in page limit) • List the office location of the CMR and approximate distance (in miles) and time (in hours) to City Hall. • Attach a Letter of Intent from a qualified surety company indicating the Respondent's bonding capacity for this project (performance and payment bond) and the surety's willingness to issue such a bond that is in compliance with Florida Statute 255.05, on the City's forms provided in this RFQ, in an amount in excess of the estimated budgeted amount shown in the Scope of Services section of this RFQ. See Section 17 of the RFQ for additional information. • Conflict of Interest Disclosure Form RFQ 19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 16 Improvements • Drug -Free Workplace Program Statement • Company Information/Signature Sheet p. 16. • Addendum Acknowledgement, if applicable. • Minority Business Enterprise Certification for the CMR firm, if applicable. Attach copy of State of Florida or County MBE Certificate. • Summary of Litigation, if none please so state. Provide a summary of any litigation claim(s), bid or contract dispute(s) filed by or against the CMR firm in the past five (5) years which is related to the services that the CMR firm provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contract 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 advertised 23 days later Last day for questions 30 days later Statements of qualification are due 35 days later Qualification statements distributed to evaluation committee 45 days later Evaluation committee meeting held 50-60 days later Interviews of the top three or more Respondents Next meeting Short-list of ranked firms recommended to City Commission Dates are estimated and subject to change at the City's discretion. F. SELECTION PROCESS 1. 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 shall conduct discussions with, and may require oral presentations by, no fewer than three (3) firms. 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 interviews and/or oral presentations will short-list and recommend to the City Commission the top three (3) firms, if possible, 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 apply the negotiation requirements of Section 287.0055, Fla. Stat., (a.k.a., CCNA). The City will attempt to negotiate an agreement with the top-ranked RFQ19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 17 Improvements 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 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. The general form of this agreement is provided in Attachment. Evaluation Criteria Maximum Points 1. Overall expertise of the CMR to provide requested services • General civil • Roadway and other transportation • Environmental and stormwater 30 • Potable water, sanitary sewer, and reclaimed water utilities • Parks & recreation 2. Past performance and experience of the CMR Project Team 30 3. Project approach and understanding of the project 20 4. Current and projected workload of the CMR 10 5. Location of the office and proximity to the City of Ocoee 5 6. Certified minority business enterprise 5 Total Possible Points 100 Information supplied by client references may be used in determining the relative merits of a Respondent under any and all of the above -listed criteria. G. BID PROTESTS All Bid Protests shall be submitted to the Purchasing Technician in the following manner: 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. RFQ19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 18 Improvements 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 Technician 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 Technician, 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 RFQ19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 19 Improvements florida BID CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Bidders must disclose within their Bid: 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 Bidder's firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this Bid. (Indirect ownership or benefit applies to any members of his or her immediate family.) Bidder 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, Bidder 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, Staff, and other key City employees and consultants involved in the award and administration 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: for this Bid. To the best of our knowledge, the undersigned firm has no potential conflict of interest The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest for this Bid. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date RFQ19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 20 Improvements COMPANY INFORMATION/SIGNATURE SHEET RFO #19-008 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 day Personally Known or Produced Identification (Type of Identification) 20 Notary Public - State of County of Signature of Notary Public Printed, typed or stamped Commissioned name of Notary Public RFQ19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 21 Improvements ATTACHMENT "I" VHB PLANS RFQ19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 22 Improvements ATTACHMENT "2" PROPOSED CONSTRUCTION MANAGER AT RISK AGREEMENT INCLUDING EXHIBITS "A" - "M" RFQ19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 23 Improvements AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER AT RISK FOR FULLERS CROSS AND OCOEE APOPKA ROAD INTERSECTION IMPROVEMENTS THIS AGREEMENT made the day of in the year 20 by and between ("Construction Manager"), a Florida corporation, and the CITY OF OCOEE, a Florida municipal corporation, ("City" or "Owner"). ARTICLE 1 THE CONSTRUCTION TEAM AND EXTENT OF AGREEMENT The Construction Manager accepts the relationship of trust and confidence established between it and the Owner by this Agreement. Construction Manager covenants with the Owner to furnish its best skill and judgment and to cooperate with the Engineer of Record in furthering the interests of the Owner. Construction Manager agrees to furnish efficient business administration and superintendence and use its best efforts to complete the project in the best and soundest way and in the most expeditious and economical manner consistent with the interest of the Owner. 1.1 The Construction Team The Construction Manager, the Owner and the Engineer(s) of Record, called the "Construction Team", shall work jointly during design and through final construction completion and shall be available thereafter should additional services be required. The Engineer(s) and the Construction Manager shall communicate through the Owner, except as may otherwise be provided in this Agreement or when direct communications have been specifically authorized by the Owner. The Construction Manager shall copy the Owneron all correspondence sent to or received from the Engineer(s) or any of its consultants of which the Owner was not copied. The specific representatives of the Construction Team are shown in Exhibit "A" attached. 1.2 Extent of Agreement This Agreement for Pre -construction and Construction Management Services for the Project, between the Owner and the Construction Manager supersedes any prior negotiations, representations or agreements. When drawings, specifications and other descriptive documents defining the work to be included in the Guaranteed Maximum Price (GMP) are complete, an Amendment to the Agreement shall be signed by the Owner and Construction Manager, acknowledging the GMP amount and the drawings, specifications and other descriptive documents upon which the GMP is based. To expedite the preparation of this GMP Amendment by the Owner, the Construction Manager shall obtain two (2) sets Page 1 of 85 of dated drawings, specifications and other documents upon which the GMP is based from the Engineer via the Owner. The Construction Manager shall acknowledge on the face of each document of each set, that it is the set upon which it based its GMP and shall send one set of the documents to the Owner along with its GMP proposal, while keeping one set for itself. See Exhibits "J" and "K". This Agreement shall not be superseded by any provisions/revisions of the documents for construction and may be amended only by written instrument signed by both Owner and Construction Manager. 1.3 Definitions Project — The Project is the total work to be performed under this Agreement. The Project consists of design, permitting, and construction for RFQ No. 19-008 - Construction Manager at Risk for Projects Less than $10 Million. Owner — City of Ocoee, a political subdivision of the State of Florida. Construction Manager — Engineer of Record — Utility Improvements — VHB Engineer of Record — Roadway Improvements — VHB Owner's Representatives — The Owner's Representative is the Public Works Director, or City Manager designees, as designated in writing. Estimate — The Construction Manager's latest estimate of probable project construction cost. Contract Documents — This Agreement, the Plans, Specifications and related Construction Documents, RFQ #19-008 and all addenda, Construction Manager's Response to RFQ #19-008, all written proposals from the Construction Manager, and or any other documents incorporated by reference herein. The general intent of the Contract Documents is to include all items necessary for the proper execution and completion of the scope of the Work by the Construction Manager. All Work mentioned or indicated in the Contract Documents shall be performed by the Construction Manager as part of this Agreement unless it is specifically indicated in the Contract Documents that such Work is to be done by others. In the event the Drawings or the Specifications disagree in themselves or with each other, the Construction Manager shall provide the better quality or better quantity of Work unless otherwise directed by a written addendum to the Agreement. In the event of discrepancies among the Contract Documents, the documents shall be construed according to the following priorities: Page 2 of 85 Highest Priority - GMP Amendment Second Priority - Amendments to drawings and specifications — later date to take precedence Third Priority - Construction Management Agreement Fourth Priority - Specifications Fifth Priority - Drawings Sixth Priority - Request for Qualifications Solicitation Document and all addenda, and all written proposals and responses from Construction Manager. Final Completion — The following items have been completed or satisfied: A. Construction of the Project is totally complete (all work as defined in the Contract Documents), and certified as such by the Owner and Engineer. B. The Project is suitable for full use as determined by the Owner and Engineer. C. All Punch list items have been completed or otherwise disposed of or accounted for to the Owner's satisfaction and approval. D. A Final Certificate of Completion and all other permits and approvals required have been legally and validly issued. E. Construction Manager's executed Final Releases of Lien have been delivered to the Owner. F. Punch List — List of items of work to be completed and deficiencies to be corrected, which items shall not affect the attainment of Substantial Completion. Such items shall be complete or otherwise disposed of prior to final acceptance/completion. G. Schedule of Values — The schedule to be used as a basis for progress payments to be made to the Construction Manager by the Owner during performance of the Work, based on the then current percentage of progress of construction of the Project, subject to the review of the Engineer. H. Substantial Completion Date — The date, certified by the Engineer, that the Project, or designated portion thereof, is sufficiently complete, in accordance with the Construction Documents and a Certificate of Completion issued, so that the Owner can reasonably utilize the Project, or designated portion thereof, for its intended use. Additionally, complete all items referred to as necessary for Substantial Completion, as defined in Article 2.10 (h) and in the Construction Documents. I. Substantial Completion — All work in the Contract Documents including all pay items are entirely complete; the only remaining work to be performed is the Punch List. J. General Conditions — Those items that are not specific to any trade and are required for the construction of the Project. Examples of General Conditions items include daily cleanup and safety rails. [Reference 9.2(16)] Page 3 of 85 K. Project Improvements — Shall mean the improvements comprising the utility, stormwater, roadway and street scape improvements on Fullers Cross Road and Ocoee Apopka Road, as well as any other substantially similar projects identified in RFQ #19-008, to be constructed and installed by the Construction Manager at Risk pursuant to this Agreement and the Construction Contract, but shall not include any buildings to be constructed on the Property and occupied for either residential or commercial purposes. L. Underground Facilities= All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.4 Owner's Construction Budget Owner's funds budgeted and requested for construction of the Project: The Owner's Construction Budget is estimated at (To Be Determined at GMP) including all Construction Manager fees, costs of the work and the Owner's and Construction Manager's construction and interface contingencies as defined in Articles 8 and 9. This acknowledgment of the Owner's budgeted funds is not to be construed as the Construction Manager's Guaranteed Maximum Price. A Guaranteed Maximum Price will be offered by separate documentation as outlined in Article 7. ARTICLE 2 CONSTRUCTION MANAGER'S SERVICES The services which the Construction Manager shall provide include, but are not limited to, those described or specified herein. The services described or specified shall not be deemed to constitute a comprehensive specification having the effect of excluding services not specifically mentioned. 2.1 Project Management Information SystemPMIS) General: Commencing immediately after contract award, the Construction Manager shall implement and shall utilize throughout the life of this Agreement all subsystems of the Project Management Information System hereinafter referred to as PMIS. 2. The reports, documents, and data to be provided shall represent an accurate assessment of the current status of the Project and of the Work remaining to be accomplished and it shall provide a sound basis for identifying variances and problems and for making management decisions. It shall be prepared and furnished to the Owner and the Engineer monthly. Page 4 of 85 3. If requested by the Owner, the Construction Manager shall conduct a comprehensive workshop for participants designated by the Owner and additional seminars as required, to provide instruction. This workshop and the seminars shall facilitate each participant's and the Owner's representatives' use and understanding of PMIS; shall support, in part, the function of organizing in concert with the Engineer for the design and construction of the Project; and shall establish, with the full concurrence of the Owner and the Engineer, procedures for accomplishing the management control aspect of the Project. 4. The PMIS shall be described in terms of the following major subsystems: A. Narrative Reporting, on a monthly basis, B. Schedule Control, on a monthly basis, C. Cost Control, and estimating, D. Project Accounting, E. Accounting and Payment, and F. Action Reports. 2.2 Narrative Reporting Subsystem The Construction Manager shall prepare written reports as described hereunder. No other PMIS narrative reports shall be required. All reports shall be in 8.5" X 11" format, unless directed otherwise by the Owner. 2. The Narrative Reporting Subsystem shall include the following reports: A. A Monthly Executive Summary which provides an overview of current issues and pending decisions, future developments and expected achievements, and any problems or delays, including code violations found by Permitting Authority. B. A Monthly Cost Narrative describing the current construction cost estimate status of the Project. C. A Monthly Scheduling Narrative summarizing the current status of the overall project schedule. This report shall include an analysis of the various project schedules, a description of the critical path, and other analyses as necessary to compare planned performance with actual performance. D. A Monthly Accounting Narrative describing the current cost and payment status of the entire project. This report shall relate current Page 5 of 85 encumbrances and expenditures to the budget allocations. E. A Monthly Construction Progress Report during the construction phase summarizing the work of the various subcontractors. This report shall include information from the weekly job site meetings as applicable such as general conditions, long lead supplies, current deliveries, safety and labor relations programs permits, construction problems and recommendations, and plans for the succeeding month. F. A Daily Construction Diary during the construction phase describing events and conditions on the site, as well as, identifying the number of crews, men per crew, and heavy equipment on the project each day. 3. The reports outlined in subsection 2A through E above shall be bound with applicable computer reports and submitted monthly during design and construction phases and shall be current through the end of the preceding month. Copies shall be transmitted to the Owner and the Engineer and others as designated by the Owner's Representative with the monthly pay requisition. Additional copies of the report outlined in subsection 2A shall be bound separately and distributed monthly as directed by the Owner's Representative. 4. The report outlined in subsection 2F above shall be maintained at the site available to the Owner and Engineer. A copy, bound, of the complete diary shall be submitted to the Owner at the conclusion of the project. 2.3 Scheduled Control Subsystem: 1. Master Project Schedule - Within 30 days of award of this Agreement, the Construction Manager shall submit, to the Owner for approval, a master project schedule covering the planning and design approvals, construction and Owner utilization of the Project. This schedule shall serve as the framework for the subsequent development of all detailed schedules. The master project schedule shall be produced and updated monthly throughout the project. No revisions, activity additions, activity deletions, or logic changes to the Master Project Schedule or any other schedule previously approved by the Owner, shall be made without the Owner's approval. 2. Within thirty (30) days after the date of the Owner's issuance of a Notice to Proceed for construction, the Construction Manager shall prepare and submit to the Owner's Representative for approval a construction schedule in quadruplicate in sufficient detail to graphically depict the activities contemplated to occur as a necessary incident to performance of the work Page 6 of 85 required to complete the project, showing the sequence in which, the Construction Manager proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each such activity. The schedule shall be based on a "Network Analysis System" and shall be the latest version of Primavera, or another acceptable alternative. The Owner shall determine whether the construction schedule developed and submitted by the Construction Manager meets the requirements stated above and such determination shall be binding on the Construction Manager. Failure of the Construction Manager to develop and submit a construction schedule as aforesaid shall be sufficient grounds for the Owner to find the Construction Manager in substantial default and certify that sufficient cause exists to terminate this Agreement or to withhold any payment. Following development and submittal of the construction schedule as aforesaid, the Construction Manager shall, at the end of each calendar month occurring thereafter, update the construction schedule to show the actual progress of the work performed and the occurrence of all events which have affected the progress of performance of the work already performed or will affect the progress of the performance of the work yet to be performed in contrast with the planned progress of performance of such work, as depicted on the original construction schedule and all updates thereto as reflected in the updated construction schedule last submitted prior to submittal of each such monthly update. Each such update to the construction schedule shall be submitted to the Owner in duplicate. Failure of the Construction Manager to update, revise, and submit the construction schedule as aforesaid shall be sufficient grounds for the Owner to find the Construction Manager in substantial default, and certify that sufficient cause exists to terminate this Agreement or to withhold payment to the Construction Manager until a schedule or schedule update acceptable to the Owner is submitted. No revisions, activity additions, activity deletions, or logic changes shall be made without the Owner's approval, which shall not be unreasonably withheld. 3. When required by the Owner, the Construction Manager shall prepare and incorporate into the schedule database, at the required intervals, the following schedules: A. Subcontractor Construction Schedules (Sub -networks) - Upon the award of each sub -contract, the Construction Manager shall jointly, with the subcontractor, develop a schedule which is more detailed than the pre-bid schedule included in the specifications, taking intoaccount the work schedule of the other subcontractors. The construction schedule shall include as many activities as necessary to make the schedule an effective tool for construction planning and for monitoring Page 7 of 85 the performance of the subcontractor. The construction schedule shall also show pertinent activities for material purchase orders, shop drawing schedules and material delivery schedules. B. Completion Schedule - The Construction Manager shall jointly develop with the Engineer and Owner a detailed plan, inclusive of punch lists, final inspections, maintenance training and turn -over procedures, to be used for ensuring accomplishment of a smooth and phased transition from construction to public use. The Completion Schedule shall be produced and updated monthly from its inception through final Owner acceptance. 4. All schedules will be provided to the Owner on electronic Flash Drive media in a format acceptable to the Owner. The Construction Manager will provide the Owner with the appropriate software, if necessary, to read the data. The cost of providing the licenses and software shall be part of the cost of construction and included as part of Article 9, Cost of the Work. 2.4 Budget Control Subsystem - The operation of this subsystem shall provide sufficient timely data and detail to permit the Construction Team to control and adjust the project requirements, needs, materials, equipment and systems by building and site elements so that construction will be completed at a cost which, together with all other project costs, will not exceed the GMP. Requirements of this subsystem include the following submissions at the following phases of the project: 1. Estimates - Prior to the start of pre -construction services, the Owner may require any of the following estimates: A. Completion of Schematic Documents B. Completion of 100% Design Development Documents C. 100% GMP Estimate - When the Construction Documents are sufficiently complete enough to establish the GMP. 2.5 Project Accounting Subsystem 1. The operation of this subsystem shall enable the Construction Team to monitor and control the funds available for the project, cash now, costs, change orders, payments, and other major financial factors by comparison of budget, estimate, total commitment, amounts invoiced, amounts payable, and to plan effectively, this subsystem will be produced and updated monthly and includes the following reports, which together will serve as a basic accounting tool and an audit trail. This report will also provide for accounting by building and site element. 2. Costs Status Report presenting the budget, estimate, and base commitment (awarded contracts and purchase orders) for any given contract or budget Page 8 of 85 line item. It shall show approved change orders for each contract which when added to the base commitment will become the total commitment. Pending change orders will also be shown to produce the total estimated probable cost to complete the work. 3. A Payment Status Report showing the value in place (both current and cumulative), the amount invoiced (both current and cumulative), the retainage, the amount payable (both current and cumulative), and the balance remaining. A summary of this report shall accompany each pay request. 4. A Detailed Status Report showing the complete activity history of each item in the project accounting structure. It shall include the budget, estimate and base commitment figures for each contract. It shall give the change order history including change order numbers, description, proposed and approved dates, and the proposed and approved dollar amounts. It shall also show all pending or rejected change orders. 5. A Cash Flow Diagram showing the projected accumulation of cash payments against the project. Cash flow projections shall be generated for anticipated monthly payments as well as cumulative payments. 6. A Job Ledger shall be maintained as necessary to supplement the preparation of the project accounting subsystem. The job ledger will be used to provide construction cost accountability for general conditions Work, on- site reimbursable expenses, and costs. 7. Component Parts for accounting purposes, the Construction Manager will separate the Project into three components: The Utility Improvements, the Stormwater, and Streetscape Improvements. 2.6 Project Manual When directed by the Owner, the Construction Manager shall provide the following: 1. Upon award of contract the Construction Manager shall develop a draft comprehensive Project Manual describing the services set forth in this Agreement for Owner's approval. This shall provide a plan for the control, direction, coordination and evaluation of work performed throughout the project, including identification of Key personnel, responsibilities of Construction Manager, Owner and Engineer; work flow diagrams; and strategy for bidding the work. The Project Manual shall be updated as necessary with the Owner's approval throughout the design, construction and Owner utilization phases. Two copies of the Project Manual and any updates shall be submitted to the Owner and Engineer. In developing the Project Manual, the Construction Manager shall coordinate with the Owner and the Engineer. Page 9 of 85 2. Contents of Project Manual - The Project Manual shall describe in detail the procedures for executing the work and the organizations participating. The Project Manual shall include as a minimum the following sections: A. Project Definition - The known characteristics of the project or sub- projects shall be described in general terms which will provide the participants a basic understanding of the project or sub -projects. B. Project Goals - The schedule, budget, physical, technical and other objectives for the project shall be defined. C. Project Strategy - A narrative description of the project delivery methods shall be utilized to accomplish the project goals. D. Project Work Plan - A matrix display of the program of work to be performed by the Construction Manager, the Engineer and the Owner during each phase of the project. E. Project Orizanization - A summary organization chart showing the interrelationships between the Owner, the Construction Manager and the Engineer, and other supporting organizations and permitting review agencies. Detailed charts, one each for the Construction Manager, the Engineer, and the Owner showing organizational elements participating in the project shall be included. F. Responsibility Performance Chart - A detailed matrix showing the specific responsibilities and interrelationships of the Owner, the Engineer, Construction Manager, and subcontractors. The Responsibility Performance Chart shall indicate major responsibility, and minor responsibility, for each specific task required to deliver the project. The Construction Manager shall develop a similar chart for the personnel within its own organization, as well as for its subcontractors, who are assigned to the project, and also for the personnel of the Owner and the Engineer from data supplied by each. G. Flow Diagrams - These charts shall display the flow of information and the decision process for the review and approval of shop drawings and submittals, progress and change orders. H. Written Procedures - The Construction Manager will provide written procedures for communications and coordination required between Construction Team members throughout the project. Procedures shall cover such items as correspondence, minutes, reports, inspections, team meetings, technical reviews, design reviews, and other necessary communications. 2.7 Design and Review and Recommendations The Construction Manager shall perform the services described in this Article. The services to be provided under Paragraph 2.7 constitute the Pre -construction Phase services. The parties acknowledge the Construction Phase may commence before the Pre -construction Page 10 of 85 Phase is completed, and to a certain extent both phases shall proceed concurrently. The parties acknowledge that the owner may choose not to proceed with the Construction Phase or any portion of the construction in its sole discretion, and owner may terminate the Agreement for its convenience per Paragraph 14.3. 1. Preliminary Evaluation - The Construction Manager shall provide a preliminary evaluation of the Owner's program and Project budget requirements, each in terms of the other. 2. Consultation -The Construction Manager will jointly schedule and attend regular meetings with the Owner and Engineer. The Construction Manager will consult with the Owner regarding site use and improvements, and the selection of materials, building systems and equipment. The Construction Manager will provide recommendations on construction feasibility; actions designated to minimize adverse effects of labor or material shortages; scheduling and time requirements for procurement, installation, and construction completion; and factors related to construction cost including estimates of alternative designs or materials, preliminary budgets, and possible economies, including providing value engineering options. The Construction Manager's fundamental role and responsibility during and throughout the progress of the design and construction document phases of the Project shall include examination of the contract documents with written communication(s) to the Owner, Owner's Representative and Engineer of any gaps, redundancies and conflicts that have the potential to adversely affect the cost, schedule and constructability of the Project. 3. Phased Construction - The Construction Manager shall make recommendations to the Owner regarding the phased issuance of Drawings and Specifications to facilitate phased construction of the Work, taking into consideration such factors as economies, time of performance, availability of labor and materials, and provisions for temporary facilities. The Owner may choose to terminate this agreement before commencing any phase. 4. Review Reports - Within 30 days after receiving the Construction Documents for each phase of the project, the Construction Manager shall perform a specific review thereof, focused upon factors of a nature encompassed in Paragraph 2.7(1) and 2.7(2) above and on factors set out in Paragraph 2.7 Promptly after completion of the review, Construction Manager shall submit to the Owner, with copies to the Engineer, a written report covering suggestions or recommendations previously submitted; additional suggestions or recommendations as Construction Manager may deem appropriate, and all actions taken by the Engineer with respect to same; any comments Construction Manager may deem to be appropriate with respect to separating the work into separate contracts; alternative materials; and all comments called for under Article 2.7(3) . THE CONSTRUCTION MANAGER SHALL WARRANT, TO THE BEST OF CONSTRUCTION MANAGER'S KNOWLEDGE, WITHOUT Page 11 of 85 ASSUMING ANY ENGINEERING RESPONSIBILITY, THAT THE PLANS AND SPECIFICATIONS ARE CONSISTENT, PRACTICAL, FEASIBLE AND CONSTRUCTIBLE. CONSTRUCTION MANAGER SHALL WARRANT THAT THE WORK DESCRIBED IN THE PLANS AND SPECIFICATIONS FOR THE VARIOUS SUBCONTRACTOR BIDDING PACKAGES IS CONSTRUCTIBLE WITHIN THE SCHEDULED CONSTRUCTION TIME. The recommendations and advice of the Construction Manager concerning design alternatives shall be subject to the review and approval of the Owner and Owner's professional consultants. Construction Manager shall not assume in any way the responsibilities of the Engineer; in particular, the responsibility of assuring that the Drawings and Specifications, which are identified in Exhibit "I", are in accordance with applicable laws, statutes, ordinances, Building Codes, Rules, and Regulations. However, if the Construction Manager recognizes that portions of the Drawings and Specifications are at variance therewith, the Construction Manager shall promptly notify the Engineer, via the Owner, in writing. 5. Long Lead Procurements - The Construction Manager shall review the design for the purpose of identifying long lead procurement items (machinery, equipment, materials and supplies). When each item is identified, the Construction Manager shall notify the subcontractors, the Owner and the Engineer of the required procurement and schedule. Such information shall be included in the bid documents and made a part of all affected sub -contracts. The Construction Manager shall keep itself informed of the progress of the respective subcontractors or suppliers manufacturing or fabricating such items, and advise Owner and Engineer of any problems or prospective delay in delivery. The Construction Manager may recommend to the Owner a schedule for procurement of the long -lead time items, which will constitute part of the Work as required to meet the Project Schedule. If such long -lead time items are procured by the Owner, they shall be procured on terms and conditions acceptable to the Construction Manager. Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, all contracts for such items shall be assigned by the Owner to the Construction Manager, who shall accept responsibility for such items as if procured by the Construction Manager. The Construction Manager shall assist in expediting the delivery of long - lead time items. 6. Separate Contracts Planning - Without assuming any design responsibilities, the Construction Manager shall review the design with the Engineer and make recommendations to the Owner with respect to dividing the work in such manner as will permit the Construction Manager to take bids and award separate construction sub -contracts on the current schedule while the design is being completed. It shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, Page 12 of 85 construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and cost by overlapping design and construction that are authorized by the Owner. 7. Interfacing A. The Construction Manager shall take such measures as are appropriate to provide that all construction requirements will be covered in the separate subcontracts for procurement of long lead items, the separate construction subcontracts and the general conditions items performed without duplication or overlap, sequenced to maintain completion of all work on schedule. Particular attention shall be given to provide that each bid package clearly identifies the work included in that particular separate subcontract, its schedule for start and completion and its relationship to other separate contractors. B. Without assuming any Design responsibilities of the Engineer, the Construction Manager shall include in the reports required under Article 2.7(4) comments on overlap with any other separate subcontracts, omissions, lack of correlation between drawings, and any other deficiencies noted, in order that the Owner and Engineer may arrange for necessary corrections. 8. Job -Site Facilities - The Construction Manager shall arrange for alljob-site facilities necessary to enable the Construction Manager and the Owner's representatives and the Engineer to perform their respective duties in the management, inspection, and supervision of construction. 9. Market Analysis and Stimulation of Bidder Interest A. The Construction Manager shall monitor conditions in the construction market to identify factors that will or may affect costs and time for completing the project; it shall make analysis as necessary to (1) determine and report on availability of labor, material, equipment, potential bidders, and possible impact of any shortages or surpluses of labor or material, and (2) in light of such determinations, make recommendations to the Owner as may be appropriate with respect to long lead procurement, separation of construction into bid packages, sequencing of work, use of alternative materials, equipment or methods, other economics in design or construction, and other matters that will promote cost savings and completion within the scheduled time. B. The Construction Manager shall submit to the Owner a written "Construction Market Analysis and Prospective Bidders Report" setting out recommendations and providing information as to prospective bidders. As various bid packages are prepared forbidding, the Construction Manager shall submit to the Owner and the Engineer Page 13 of 85 a list of potential bidders. The Construction Manager shall be responsible to stimulate bidder interest in the local market place and identify and encourage bidding competition. C. The Construction Manager shall carry out an active program of stimulating interest of qualified contractors in bidding on the work and of familiarizing those bidders with the requirements of this project. 2.8 Construction Phase 1. Construction Manager's Staff - The Construction Manager shall maintain sufficient off-site support staff, and competent full-time staff at the Project site authorized to act on behalf of the Construction Manager to coordinate, inspect and provide general direction of the work and progress of the subcontractors and it shall provide no less than those personnel during the respective phases of construction that are set forth in Exhibit "B" to this agreement. Construction Manager shall not change any of those persons named in Exhibit "B" unless mutually agreed to by the Owner and Construction Manager. In such case, the Owner shall have the right of approval of the qualifications of replacement personnel. Such approval will not be unreasonably withheld. 2. Lines of Authority - The Construction Manager shall establish and maintain lines of authority for these personnel, and shall provide this definition to the Owner and all other affected parties such as the code inspectors of the Permitting Authority, the subcontractors, the Engineer and the Owner's representatives, to provide general direction of the work and progress of the various phases and subcontractors. The Owner and Engineer may attend meetings between the Construction Manager and its subcontractors; however, such attendance shall not diminish either the authority or responsibility of the Construction Manager to administer the subcontractor. 3. Schedule and Project Manual Provisions - The Construction Manager shall provide subcontractors and the Owner, its representatives and the Engineer with copies of the Project Manual (total number of copies not to exceed 10) developed and updated as required by Article 2.6 expanded for each Construction Phase, employing their respective milestones, beginning and finishing dates, their respective responsibilities for performance, and the relationships of their work with respect to subcontractors and suppliers. Construction Manager shall also continue to provide current scheduling information, direction and coordination regarding milestones, and beginning and finishing dates. Construction Manager is also responsible for performance and the relationships of the Construction Manager's work to the work of its subcontractors and suppliers to enable them to perform their respective tasks so that the development of construction progresses in a Page 14 of 85 smooth and efficient manner in conformance with the overall project schedule. The schedule shall include all phases of the construction work, material supplies, long lease procurement, approval of shop drawings, change orders in progress, schedules for change orders, and performance testing requirements. Construction Manager shall advise the Owner, its representatives and the Engineer of their required participation in any meeting or inspection giving each at least one week notice unless such notice is made impossible by conditions beyond its control. Construction Manager shall hold job -site meetings at least once each month with the Construction Team or more frequently as required by work progress, to review progress, discuss problems and their solutions and coordinate future work with all subcontractors. 4. Solicitation of Bids A. Without assuming responsibilities of the Engineer, the Construction Manager shall prepare invitations for bids, or requests for proposal when applicable, for all procurement of long lead items, materials and services, for Subcontractor contracts and for site utilities. Such invitations for bids shall be prepared in accordance with the following guidelines: 1. Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager. The Construction Manager shall obtain bids from subcontractors, vendors, consultants and from suppliers of materials or equipment fabricated to a special design for the Work. The Construction Manager shall strive to receive at least three competitive bids per trade package. Should the nature of the trade package prohibit three competitive bids, the Construction Manager shall notify the Owner in writing as to the reason and offer suggestions, if any, to create trade interest. B. The Construction Manager shall be responsible for coordinating with the Engineer and preparing all information that is the responsibility of the Construction Manager for bidding of the separate bid packages. C. As part of such preparation, the Construction Manager shall review the specifications and drawings prepared by the Engineer. Ambiguities, conflicts, lack of clarity of language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by the Construction Manager shall be brought to the attention of the Owner and Engineer inwritten form. The Construction Manager is solely responsible for reviewing and comparing the Contract Documents with each other and shall immediately report to the Engineer any and all errors, inconsistencies or omissions. In the event the Construction Manager performs any Work with the Page 15 of 85 knowledge that it involves an error, inconsistency or omission in the Contract Documents, the Construction Manager shall be responsible for such erroneous, inconsistent, or omitted Work. The Construction Manager is also responsible for taking such field measurements as are necessary in order to verify field conditions and to compare such field measurements and conditions with the Contract Documents. Any and all errors, inconsistencies or omissions shall be immediately reported to the Engineer. The Construction Manager and the Owner's Representative shall mutually agree when and if to conduct a pre-bid conference with prospective bidders and the Engineer. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, the Construction Manager shall transmit these to the Owner and the Engineer, and upon receiving clarification or correction in writing, the Construction Manager shall prepare an addendum to the bidding document, and issue same to all of the prospective bidders. The Construction Manager shall not enter into contracts without the Owner reviewing the proposed successful bidder. The Owner shall promptly, within (3) business days, review all proposals and provide comments so as not to cause delay in the award of a contract. Owner's failure to respond within this time frame shall constitute acceptance of the proposed contract. Owner shall have the right to reject any award of subcontract providing such rejection is justifiable and with cause. Should the Owner reject a proposal without cause and should the next bondable, qualified bidder that is acceptable to the Construction Manager be greater than the GMP budget for that work item, the Owner shall issue a change order to the Construction Manager, increasing the GMP for the amount of the difference between the proposed award and that which the Owner has requested. D. The Construction Manager is required to enter into written agreements with each subcontractor who will perform any portion of the Work on the Project. The subcontract agreement shall incorporate the terms of the Contract Documents, and the terms of this Agreement, and be assignable to Owner. Further, where appropriate, the Construction Manager shall require each subcontractor to enter into similar agreements with sub -subcontractors and material suppliers. Before entering any agreement with a subcontractor, Construction Manager shall confirm that the subcontractor is properly licensed by the State, Seminole County, and any applicable municipality, for the portion of the Work to be performed on the Project, and shall supply such information or proof of licensing, in writing, to Owner. 5. Bonds - In accordance with the provisions of Section 255.05, Florida Statutes, the Construction Manager shall provide to the Owner, on forms furnished by the Owner and attached as Exhibit "L", a 100% Performance Bond and a 100% Labor and Material Payment Bond each in an amount not less than the total construction cost Page 16 of 85 as defined in Article 9 and inclusive of the construction fee. To be acceptable to the Owner as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall comply with the following provisions: A. The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida. B. The Surety Company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. C. The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code. D. The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the bond is issued. 1. The Surety Company shall have at least the following minimum ratings in the latest issue of Best's Key Rating Guide. Contract Amount Policy Holder's Rating Required Financial Rating $500,000 to $1,000,000 A Class IV $1,000,000 to $2,500,000 A Class V $2,500,000 to $5,000,000 A Class VI $5,000,000 to $10,000,000 A Class VII $10,000,000 to $25,000,000 A Class VIII $25,000,000 to $50,000.000 A Class IX $50,000,000 to $75,000,000 A Class X 2- The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding Ten Percent (10 %) of its surplus to policyholders, provided: a In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co -surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted. b. Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization Page 17 of 85 or approval by the State of Florida, Department of Insurance to do business in this state has been met. 6. Quality Control - The Construction Manager shall develop and maintain a written program, acceptable to the Owner and Engineer, to assure quality control of the construction. Construction Manager shall supervise the work of all subcontractors providing instructions to each when their work does not conform to the requirements of the plans and specifications and Construction Manager shall continue to exert its influence and control over each subcontractor to ensure that corrections are made in a timely manner so as to not affect the efficient progress of the work. Should disagreement occur between the Construction Manager and Engineer over acceptability of work and conformance with the requirements ofthe specifications and plans, the Owner shall be the final judge of performance and acceptability, subject to the dispute provisions of this Agreement. 7. Subcontractor InterfacinP - The Construction Manager shall be the single point of interface with all subcontractors for the Owner and all of its agents and representatives including the Engineer. Construction Manager shall negotiate all change orders, field orders and request for proposals, with all affected subcontractors and shall review the costs of those proposals and advise the Owner and Engineer of their validity and reasonableness, acting in the Owner's best interest prior to requesting approval of each change order from the Owner. Before any Work is begun on any change order, a written authorization from the Owner must be issued. However, when health and safety are threatened, the Construction Manager shall act immediately to remove the threat to health and safety. Construction Manager shall also carefully review all shop drawings and then forward the same to the Engineer for review and actions. The Engineer shall transmit them back to the Construction Manager who will then issue the shop drawings to the affected subcontractor for fabrication or revision. The Construction Manager shall maintain a suspense control system to promote expeditious handling. Construction Manager shall request the Engineer via the Owner to make interpretations of the drawings or specifications requested of him by the subcontractors and shall maintain a suspense control system to promote timely response. Construction Manager shall advise the Owner and Engineer when timely response is not occurring on any of the above. 8. Permits - The Construction Manager shall secure all necessary permits from the Permitting Authority and all necessary utility connection permits, the cost of which will be considered a direct cost item, but not subject to Construction Manager profit, as described in section 8.3. 9. Job Site Requirements A. The Construction Manager shall provide for each of the following activities as a part of its Construction Phase Cost: Page 18 of 85 1. Maintain a log of daily activities, including manpower records, heavy equipment on site, weather, delays, major decisions, etc. 2 Maintain a roster of companies on the project with names and telephone numbers of key personnel. 3. Establish and enforce job rules governing parking, clean-up, use of facilities and worker discipline. 4. Provide labor relations management for a harmonious, productive project. 5. Provide a safety program for the project to meet OSHA requirements. Monitor for subcontractor compliance without relieving them of responsibilities to perform work in accordance with the best acceptable practice. 6. Provide a quality control program as developed under Article 2.8(6) herein above. 7. Miscellaneous office supplies that support the construction efforts, which are consumed by its own forces. 8. Travel to and from its home office to the project site, as the project requires. B. The Construction Manager shall provide personnel and equipment or shall arrange for separate subcontracts to provide each of the following as a direct cost item: 1. Schedule the services of independent testing laboratories for the necessary testing of materials to ensure conformance to contract requirements, if the Owner does not provide for these services. 2 The printing and distribution of all required bidding documents and shop drawings, including the sets required by the Permitting Authority's inspectors. 10. Job Site Administration - The Construction Manager shall provide,'as part of its job site fee, job site administrative functions during construction to assure proper documentation, including but not limited to such things as the following: A. Job Meetings - Hold weekly progress and coordination meetings to provide for an easy flowing project. Implement procedures, assure timely submittals, expedite processing approvals and return of shop drawings, samples, etc.; Coordinate and expedite critical ordering and delivery of materials, work sequences, inspection and testing, labor allocation, etc.; Review and coordinate each subcontractor's Work; Review and implement revisions to the Schedule; Monitor and promote safety requirements. In addition, a regular monthly project status meeting will be held between the Engineer, Owner and Construction Manager. Page 19 of 85 Use the job site meeting as a tool for planning of work and enforcing schedules and for establishing procedures, responsibilities, and identification of authority for all to clearly understand. Identify party or parties responsible for follow up on any problems, delay items or questions and identify a course for solution. Revisit each pending item at each subsequent meeting until resolution is achieved. Require all present to make any problems or delaying event known to thosepresent for appropriate attention and resolution. B. Shop Drawing Submittals/Approvals - Provide staff to check shop drawings and to implement procedures to be approved by Owner for submittal and transmittal to the Engineer and Owner of such drawings for action, and closely monitor their submittal and approval process. C. Material and Equipment Expediting - Provide staff to closely monitor material and equipment deliveries, important checking and follow-up procedures on supplier commitments of all subcontractors. D. Payments to Subcontractors - Develop and implement a procedure for review, processing, and payment of applications by subcontractors for progress and final payments. E. Document Interpretation - Refer all questions for interpretation of the documents prepared by the Engineer to the Engineer via the Owner. F. Reports and Project Site Documents - Record the progress of the project. Submit written progress reports to the Owner and the Engineer including information on the subcontractors' work, and the percentage ofcompletion. Keep a daily log available to the Owner, the Engineer and the Permitting Authority inspectors. G. Subcontractors' Progress - Prepare periodic punch lists for the subcontractors' work, including unsatisfactory or incomplete items and schedules for their completion. H. Substantial Completion - Ascertain when the work, or designated portions thereof, are ready for the Owner's and the Engineer's substantial completion inspection. Prior to the Owner's and Engineer's pre -substantial completion inspection, the Construction Manager shall issue a list of incomplete items. After the Owner's and the Engineer's inspection, the Construction Manager shall prepare a schedule for the completion of the list indicating completion dates for the Owner's review. The Owner and the Engineer will issue a certificate of substantial completion when the work on the Construction Manager's pre -substantial completion punch list has been accomplished, to the best of the Construction Manager's ability (See Exhibit "C"). After the Construction Manager has notified the Engineer that the project is substantially compete, and the Engineer agrees that all Contract Documents and each pay item is complete, the Engineer shall notify the Construction Manager and the Owner, in writing, that the project has attained substantial completion. The Engineer, Owner and the Construction Manager will Page 20 of 85 perform the semifinal inspection within seven (7) day of substantial completion. As part of the semi-final inspection, representatives of the Owner will perform a joint review of the project. The Engineer will generate a final project condition report, with resolutions of discrepancies if any, and provide a copy to the Owner and Construction Manager. If, at the semifinal inspection, all construction provided for and contemplated by the Agreement is found complete to the Engineer's satisfaction, such inspection shall constitute the final inspection, as prescribed herein. If, however, any work is found unsatisfactory, in whole or in part, the Engineer shall compile a "punch list" of work to be completed. A copy of the "punch list" will be furnished to the Construction Manager, with the indication that the work so noted must be completed. Time shall continue to be charged on the project. Any "punch list(s)" furnished to the Construction Manager prior to final inspection and acceptance shall state that it is not to be construed as the "final" list. It shall also state that items damaged beyond the control of the Construction Manager and prior to the final inspection must be corrected prior to final acceptance. It shall also state that the Construction Manager is still responsible for maintenance, including mowing, of the Project(s) until final acceptance. I. Final Completion - Monitor the Subcontractors' performance on the completion of the project and provide notice to the Owner and Engineer that the work is ready for final inspection. Secure and transmit to the Owner, through the Engineer, all required guarantees, affidavits, releases, bonds and waivers, manuals, record drawings, and maintenance books, including the Final Completion form shown in Exhibit "D". J. Start -Up - With the Owner's personnel, direct the checkout of utilities, operations, systems and equipment for readiness and assist in their initial start-up and testing by the trade contractors. K. Record Drawings/As-Built Drawings - The Construction Manager shall monitor the progress of its own forces or its Subcontractors on marked up field prints. The Construction Manager shall record all deviations from original drawings. Final payment will not be made until the requirements of this paragraph have been met. During the progress of the work, the Construction Manager shall record on all field sets of drawings the exact locations, as installed, of all underground and otherwise concealed conduit, pipe and duct lines which were not installed exactly as shown on the contract drawings. Upon completion of the work, this data shall be recorded to scale on electronic files of the contract drawings. Where changes are to be recorded, the drawing shall be erased before the changes are made. Where the work was installed exactly as shown on the contract drawings the drawing shall not be distributed other than being marked "As -Built." In showing the changes the same legend shall be used to identify piping, etc., as was used on the contract drawings. Each sheet shall bear the date and name of the subcontractor submitting the drawings. The Construction Manager shall review the completed as -built drawings and ascertain that all Page 21 of 85 dates furnished on the drawings are accurate and truly represent the work as actually installed. When manholes, boxes, underground conduits, inverts, etc., are involved as part of the work, the Construction Manager shall furnish true elevations and locations, all properly referenced by using the original benchmark used for the institution or for this project. The drawings including those unchanged and changed shall be submitted to the Engineering and the Owner when completed, together with two sets of blue line or black line prints for certification. Upon completion and prior to final inspection, the following must be provided to the Engineer and Owner: 1. Test results as required. 2 Maintenance Bond for facilities to be conveyed to the Owner. 3. As -built drawings shall be submitted after final inspection and prior to acceptance for water, wastewater and drainage systems, both on and off-site. These drawings shall be based upon field surveys, and will show all boundary, rights-of-way, easement and lot lines, and shall be certified by a Registered Professional Land Surveyor in accordance with Chapter 62-817, F.A.C. Note: Digital format drawings (ACAD and PDF and/or ArcView). a Location of all sanitary manholes and the service end of all laterals and elevation of all inverts and manhole tops. b. Location and top invert elevations of all lift stations and location and elevation of all valves, and point at which force main crosses any wastewater or drainage lines. c. Location, size and invert elevation of all drainage pipes. d Location of all water mains, valves and joints and elevation of all fittings. e. Spot elevation at fifty (50) -foot intervals along the top of the berm and sufficient bottom elevations to show conformance to design, of all retention/detention ponds. £ Spot elevation at fifty (50) -foot intervals along all off-site drainage ditches and swales. g. CAD files should be in State Plane Coordinates (SPC) Feet, East Zone - Florida, North American Datum (NAD) 1983. h Objects should be assigned by layer with color by layer. No cryptic layer names. If cryptic layer names are used (i.e. DXF files from microstation) then a list defining layer names must be provided. 11. Administrative Records - The Construction Manager may be required to maintain at the job site on a current basis, files and records such as, but not limited to the following: Page 22 of 85 Contracts or Purchase Orders Shop Drawing Submittal/Approval Logs Equipment Purchase/Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Requests Payment Request Records Meeting Minutes Cost -Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Purchase Orders Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built"/Record Drawing Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Bid/Award Information Bid Analysis and Negotiations Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements Project Manual Job Photographs Schedules (original, updated, and as -built) The project records shall be available at all times to the Owner and Engineer for reference or review. 12. Owner Utilization The Construction Manager shall: A. Provide services during the design and construction phases, which will provide a smooth and successful Owner utilization of the project. Provide consultation and project management to facilitate Owner utilization and Page 23 of 85 provide transitional services to get the work, as completed by the contractors, subcontractors, "on line" in such conditions as will satisfy Owner operational requirements. B. Conduct the Construction Manager's preliminary punch list inspection and coordinate the completion of all punch list work to be done with Owner utilization requirements in mind. Videotape all major equipment startup procedures and deliver videotapes as part of the closeout documents. C. Catalog operational and maintenance requirements of equipment to be operated by maintenance personnel and convey these to the Owner in such a manner as to promote their usability. Provide operational training, in equipment use, for building operators. D. Secure required guarantees and warranties, assemble and deliver same to the Owner in a manner that will facilitate their maximum enforcement and assure their meaningful implementation. The Owner may take control of portions of the project providing the above items discussed in this paragraph have been completed and the Substantial Completion", "Start -Up", "Record Drawing, and Warranty requirements specified in paragraphs 2.8(10) and 2.8(13) have been completed to the Owner's satisfaction for the portions to be occupied, excluding the requirements for a warranty inspection nine months after Owner Utilization. 13. Warranty Where any work is performed by the Construction Manager's own forces or by subcontractors under contract with the Construction Manager, the Construction Manager shall warrant that all materials and equipment included in such Work will be new except where indicated otherwise in Contract Documents, and that such Work will be of good quality, free from improper workmanship and defective materials and in conformance with the Drawings and specifications. With respect to the Work, the Construction Manager further agrees to correct all work found by the Owner to be defective in material and workmanship or not in conformance with the Drawings and Specifications for a period of one year from the Date of Substantial Completion or partial utilization of any portion of the building, whichever comes first, or for such longer periods of time as may be set forth with respect to specific warranties contained in the trade sections of the Specifications. The Construction Manager shall collect and deliver to the Owner any specific written warranties given by others as required by the Contract Documents. Also, the Construction Manager shall conduct, jointly with the Owner and the Engineer, a warranty inspection approximately eleven (11) months after the date of Owner Utilization. 14. Uncovering and Correction of the Work A. In the event the Construction Manager covers a portion of the Work contrary to the request of the Engineer or prior to an inspection by the Engineer, the Construction Manager must if requested in writing uncover the Work, and then shall be required to replace the work at the Construction Page 24 of 85 Manager's sole expense, without any change to the contract time. B. The Project is subject to and shall be constructed in accordance with the Florida Building Code, Florida Department of Transportation Standard Specifications for Road and Bridge Construction, City of Ocoee Engineering Standards (see Exhibit "M"), and to all applicable codes referenced therein. C. The Construction Manager shall promptly correct any and all Work rejected by the Engineer and any and all Work which fails to comply with the requirements of the Contract Documents. The Construction Manager shall bear all of the costs for correcting such Work, including any compensation for the Engineer's services. D. If within one (1) year after the date of final completion of the Work or after the date for commencement of warranties, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Construction Manager shall promptly return to the Project and correct the deficient Work upon receipt of written notification from the Owner to do so. The obligation set forth in this subparagraph shall survive acceptance of the Work under this Agreement and any termination of the Agreement. The Owner shall give such written notice promptly after discovery of the deficient Work. This one (1) year Construction Manager warranty described in this subparagraph does not impact or impair any manufacturer's warranty or the Owner's ability to make any other claim against the Construction Manager as allowed under Florida law. E. The Construction Manager shall immediately remove from the Work Site any and all portions of the Work which are not in compliance with the requirements of the Contract Documents. In the event the Construction Manager fails to correct any non -conforming Work within a reasonable time, the Owner may correct such non -conforming Work, the cost of which shall be the Construction Manager's responsibility. In the event the Owner corrects the non -conforming Work, the Owner in its sole discretion may remove, store or sell for salvage any salvageable materials or equipment related to or a part of the non -conforming work at the Construction Manager's expense. If the Construction Manager fails to reimburse the Owner for such expenses within 7 days after written notice, the Owner may take any and all action it deems appropriate in order to obtain reimbursement of its expenses under this subparagraph. Any action taken by the Owner under this subparagraph shall not in any respect serve to limit in law or equity the Owner's ability to place any other claim against the Construction Manager. F. The Owner has the discretion to accept work that is not in compliance with the requirements of the Contract Documents. In this event, the Owner shall reduce its decision to writing, which shall include any reduction, if any, to the Contract Sum as a result of the acceptance of non -conforming Work. Any such adjustment to the Contract Sum shall apply whether or not final Page 25 of 85 payment has been made under this Agreement. 15. Site Conditions A. Field Measurements. Before undertaking each part of the construction, Construction Manager shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. Construction Manager shall promptly report in writing to the Owner any conflict, error or discrepancy which Construction Manager or any of its Subcontractors or Suppliers may discover and shall obtain a written interpretation or clarification from Owner before proceeding with any Work affected thereby; provided, however, Construction Manager shall not be liable to the Owner for failure to report any conflict, error or discrepancy unless Construction Manager or any of its Subcontractors or Suppliers had actual knowledge thereof or should reasonably have known thereof. B. Physical Conditions (Including Underground Facilities) 1. The Contract Documents may identify reports of explorations and tests of subsurface conditions at the site, and those drawings of physical conditions in or relating to existing surface or subsurface structures or Underground Facilities owned by Owner which are at or contiguous to the site, that have been utilized by the design professional in preparation of the Contract Documents. Construction Manager shall have full responsibility for physical conditions, and Underground Facilities owned by Owner or others, shown or indicated in the Contract Documents. 2 The information and data shown or indicated in the Contract Documents with respect to Underground Facilities owned by others or at contiguous to the site is based on information and data furnished to Owner or the design professional by the owners of such Underground Facilities or by others. The Owner shall not be responsible for the accuracy or completeness of anysuch information or data, and the Construction Manager shall have full responsibility forreviewing and checking all such information and data. 3. If the Contract Documents necessitate amending to order changes in the Work due to Underground Facilities owned by the Owner or others, whether they be shown or indicated or newly discovered, Owner shall authorize the required changes in the Work by Change Order. If those Underground Facilities owned by the Owner or others cause or will cause delays in the performance or extend completion of all or part of the work, Construction Manager shall absorb all related delay, extension or acceleration costs, however caused; except that if Owner and Construction Manager agree that the delays require a change in Contract Time, Owner shall authorize the necessary change in Contract Time. However, an extension in Contract Time, when and if so granted shall be Construction Manager's sole and exclusive remedy with respect to Owner for any delay, disruption, interference, inefficiency, acceleration, extension or Page 26 of 85 hindrance and associated costs, however caused, resulting from variance in the location or configuration of Underground Facilities owned by the Owner or others shown or indicated, or from newly discovered Underground Facilities owned by the Owner or others. 4. Unless it prejudices Work already excavated and uncovered, Construction Manager shall schedule layout, excavation and uncovering of Work or Underground Facilities a sufficient time in advance to allow the Owner's Engineer of Record's review, and the possible amending or supplementing of the Contract Documents. C. Special Requirements for Underground Facilities Construction Manager shall have full responsibility: a) for field locating any and all Underground Facilities including utilities shown or indicated as to depth and alignment in advance of excavation; b) for identifying the owner of any newly discovered Underground Facility and promptly notifying that owner and Engineer of that discovery; c) for shoring, blocking and protecting Underground Facilities including utilities shown, indicated or discovered; d) for coordination, scheduling and sequencing the Work with the owners of all Underground Facilities shown, indicated or discovered; e) for repairing any damage to the satisfaction of those owners, to the extent that the damage was due to Construction Manager's failure to adhere to the requirements of this section, or to the fault or negligence of Construction Manager; and f) for the safety and protection of any affected Work, and for repairing any damage done to the work. Except as otherwise provided in this section, all costs involved and time required to perform these responsibilities shall be considered as having been included in the Contract Sum and in the Construction Manager's schedule for the performance of the Work within the Contract Time, even if the Contract Documents need amending to authorize minor deviations or changes in the Work due to those Underground Facilities including utilities. D. Engineer and Layout 1. The Engineer will provide centerline control points (Begin Project, End Project, PIs, PTs, etc.) and benchmarks at appropriate intervals along the line of the Project to facilitate the proper layout of the Work. Normally, only one benchmark will be furnished for water crossings. The Construction Manager shall preserve all reference points and benchmarks furnished by the Owner. As an exception to the above, for Projects where the Plans do not show a centerline or other survey control line for construction of the Work (e.g. resurfacing, safety modifications, etc.) the Engineer will provide only points marking the beginning and ending of the Project and all exceptions. 2 The Construction Manager shall furnish all stakes, templates and other materials necessary for establishing and maintaining of the lines and grades necessary for control and construction of the Work. 3. Utilizing the control points furnished by the Owner, the Construction Manager Page 27 of 85 shall establish all horizontal and vertical controls necessary to construct the Work in conformance with the Plan and Specifications. The Work shall include performing all calculations required and setting all stakes needed as such as grade stakes, offset stakes, reference point stakes, slope stakes, and other reference marks or points necessary to provide lines and grades for construction of all roadway, bridge and miscellaneous items. When the work includes utility construction to be done by the Construction Manager, it shall also establish all horizontal and vertical controls necessary to carry out such Work. The Engineer may assist in coding of input, arrange for processing by the Owner's computer and furnish computer output; however, Engineer's assistance shall not release Construction Manager from Construction Manager's responsibility. 4. On Projects involving construction of new base, stakes to establish lines and grades for subgrade base, curb and related items shall be set at intervals along the line of the Work no greater than 50 feet on tangents and 25 feet on curves. Grade stakes shall be set at locations directed by the Engineer to facilitate checking of subgrade, base and pavement elevations in crossovers, intersections and irregular shaped areas. For bridge construction stakes and other control, references, shall be set at sufficiently frequent intervals to assure that all components of a structure are constructed in accordance with the lines and grades shown in the Plans. For Projects where the Plans do not show a centerline or other survey control line for construction of the Work (resurfacing, safety modifications, etc.) only such stakes as necessary for horizontal and vertical control of Work items will be required. For resurfacing and resurfacing widening type Projects, the Construction Manager shall establish horizontal controls adequate to assure that the asphalt mix added coincides with the existing pavement. In tangent sections, horizontal control points shall be set at 100 -foot intervals by an instrument survey. In curbs, sections, horizontal control points shall be set at 25 -foot intervals by locating and referencing the centerline of the existing pavement. The Construction Manager shall reference the beginning and ending of each no passing zone for use during temporary striping operations. The Construction Manager shall establish by an instrument survey and mark on the surface of the finished pavement at 25 -foot intervals, points necessary for striping of the finished roadway. As an exception, for resurfacing and resurfacing -widening Projects, these points shall be established in the same manner as used for horizontal control of paving operations. Marks shall be made with white paint. If striping is included in the Work to be done by the Construction Manager, an alternate method for layout of striping may be approved by the Engineer provided that the alignment achieved is equal or better than that which would be achieved using an instrument survey. For Projects with permanent striping by the Construction Manager, the measurement and analysis in order to establish the location and length of no - passing zones shall be accomplished by approved electronic methods consisting of a minimum of two distance -measuring devices. For all Projects, a station identification stake shall be set at each right-of-way line at 100 -foot intervals and at all locations where a change in right-of-way width occurs. Each ofthese Page 28 of 85 stakes shall be marked with painted numerals, of sufficient size to be readable from the roadway, corresponding to the Project station at which it is located. As an exception to the above, for Projects where Plans do not show right -of- way lines, station identification stakes shall be set at locations and intervals appropriate to the type of Work being done. For resurfacing and resurfacing - widening Projects, station identification stakes shall be set at 200 -foot intervals. 16. Maintenance of Traffic A. Construction Manager shall be responsible for the proper maintenance control and detour of traffic in the area of construction, during the course of construction. All traffic control and maintenance procedures shall be in accordance with the requirements of either the Florida Department of Transportation, City of Ocoee, or the local municipality, within their respective area of jurisdiction. It shall be the Construction Manager's responsibility, prior to submitting its GMP Amendment, to determine the requirements of these agencies so that its Proposal reflects all costs to be incurred. No claims for any increase to the GMP will be considered for costs incurred in the proper maintenance, control, detour and protection. B. Traffic shall be maintained at all times where practical, and as more particularly specified hereinafter. No traffic shall be detoured without prior knowledge and approval of the respective traffic control agency having jurisdiction. The Construction Manager shall notify such agencies 48 hours in advance of such time it proposes to detour such traffic. 17. Fencing On all Work which included fencing and where the ENGINEER determines it to be necessary for maintaining the security of adjacent property, or for protection of pedestrians who are likely to gain access to the Work from adjacent property, the CONTRACTOR shall erect appropriate temporary security fence as a first order of business. Temporary fencing shall be installed at temporary construction easement areas on all commercial and residential properties appropriate to secure the Work area and protect persons and domestic animals. At all times, the CONTRACTOR shall conduct the Work under secure temporary fencing. Permanent fencing shall be addressed as required by the Plans and Specifications. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 Owner's Information The Owner shall identify its requirements for the project. 3.2 Owner's Representative Page 29 of 85 The Owner shall designate in writing any additional representatives authorized to act on the Owner's behalf with respect to the Project, not previously defined in Article 1.3, together with the scope of his/her respective authority. In no event shall any delegation of authority be contrary to State or County laws or codes. Such designations as of the date hereof are set forth on Exhibit "F" hereto. Functions that this Agreement provides will be performed by the Owner can be delegated by the Owner only by written notice to the Construction Manager from the Owner. Exhibit "F" may be amended from time to time by the Owner pursuant to written notice of and acceptance by the Construction Manager of such amendment. The Construction Manager shall be entitled to rely on directions (and it shall be required to follow directions) from the Owner's Representative designated on Exhibit "F" or an amendment to Exhibit "F" within the authority conferred by the Owner in this Agreement or any Amendment or Change Order to this Agreement. Owner hereby authorize the Owner's Representative to: (1) act as the Owner's agent and execute documents associated with this Project. Examples of these documents are Construction Manager's Contingency Authorizations, Notices of Commencement, Certificates of Substantial Completion and permits from applicable agencies; (2) administer, coordinate, interpret and otherwise manage the contractual provisions and requirements of this Agreement; (3) negotiate a duly authorized Change Order on behalf of the Owner; and (4) issue a duly authorized purchase order, memorandum, letter or other instrument covering the services and work to be provided pursuant to this Agreement. Directions and decisions made by Owner's Representatives shall be binding on the Owner. The Owner's Representative does not have the authority to authorize work beyond the scope of the GMP. The Owner additionally authorizes the City Manager, in conjunction with the Owner's Representative, to authorize changes in the work up to the limits designated in the City of Ocoee Purchasing Code. Said work shall be funded from the Owner's Contingency and shall not cause an increase to the overall project budget. Any changes above the City's Purchasing Code limits will need City Commission approval. 3.3 Enizineer's Agreement The Owner has retained an Engineer for design and to prepare construction documents for the Project. The Engineer's services, duties and responsibilities are described in the Agreement between the Owner and the Engineer, a copy of which will be furnished to the Construction Manager. The Agreement between the Owner and the Engineer shall not be modified without written notification to the Construction Manager. 3.4 (Intentionally omitted.) 3.5 Drawings and Specifications The Construction Manager will be furnished a reproducible set of all copies of Drawings and Specifications reasonably necessary and ready for printing. Page 30 of 85 3.6 Cost of Surveys & Reports The services, information, surveys and reports required by the above paragraphs shall be furnished with reasonable promptness in accordance with the approved schedule at the Owner's expense, and the Construction Manager shall be entitled to rely upon the accuracy and completeness thereof. 3.7 Project Fault Defects If the Owner becomes aware of any fault or defect in the Project or non-conformance with the drawings and specifications, Owner shall give prompt written notice thereof to the Construction Manager and Engineer. 3.8 (Intentionally omitted.) 3.9 Lines of Communication The Owner and the Engineer, through the Owner, shall communicate with the subcontractors or suppliers only through the Construction Manager so long as such method of communication is effective in maintaining project schedules and quality. 3.10 Permitting & Code Inspections The Owner recognizes and coordinates with the appropriate Permitting Authority and expects the Construction Manager to do the same. ARTICLE 4 PERMITS. FEES AND NOTICES 4.1 Unless otherwise provided in the Contract Documents, the Construction Manager shall secure and pay for the permits, which are customarily secured by a General Contractor in performing site work, utility, and roadway construction. 4.2 The Construction Manager shall comply with and give notices, as required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 4.3 It is not the Construction Manager's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, Building Codes and Rules and Regulations. However, if the Construction Manager observes thatportions Page 31 of 85 of the Contract Documents are at variance therewith, the Construction Manager shall promptly notify the Engineer and Owner in writing, and necessary changes shall be accomplished by appropriate modification. 4.4 If the Construction Manager performs Work knowing it to be contrary to laws, statutes, ordinances, Building Codes and Rules and Regulations without such notice to the Engineer and Owner, the Construction Manager shall assume full responsibility for such Work and shall bear the attributable costs. 4.5 Cost for all re -inspections of work performed by the Construction Manager found defective and subsequently repaired, shall be borne by the Construction Manager, unless such cost is not a result of negligence on the part of the Construction Manager. ARTICLE 5 SUBCONTRACTS 5.1 Definition A subcontractor is a person or organization who has a direct contract with the Construction Manager to perform any of the work at the site. Nothing contained in the Contract Documents shall create any contractual relation between the Owner or Engineer and any subcontractor. 5.2 Proposals Subject to Article 9 and, in accordance with Article 2.8(4), the Construction Manager shall request and receive proposals from subcontractors and suppliers and will award those contracts to the qualified low bidders after Construction Manager and the Owner have reviewed each proposal and are satisfied that the subcontractor/supplier is qualified to perform the work. 5.2.1 Required Subcontractors' Qualifications and Subcontract Conditions: Subcontractual Relations - The Construction Manager shall require each Subcontractor to assume all the obligations and responsibilities which the Construction Manager owes the Owner under the Agreement, to the extent of the work to be performed by the subcontractor. The subcontracts shall be made in writing and shall preserve and protect the rights of the Owner and Engineer under the Contract Documents with respect to the Work to be performed by the subcontractor so that the subcontracting thereof will not prejudice such rights. Page 32 of 85 Where appropriate, the Construction Manager shall require each subcontractor to enter into similar agreements with its sub -subcontractor. 2. Insurance requirements for subcontractors shall be no more stringent than those requirements imposed on the Construction Manager by the Owner. 3. The Construction Manager shall make available to each proposed Subcontractor, prior to the execution of the Subcontract, copies of the Contract Documents to which the Subcontractor will be bound by this Article 5. 5.2.2 All subcontracts shall provide: 1. LIMITATION OF REMEDY - NO DAMAGES FOR DELAY The subcontractor's exclusive remedy for delays in the performance of the subcontract caused by events beyond its control, including delays claimed to be caused by the Owner or Engineer or attributable to the Owner or Engineer and including claims based on breach of contract or negligence, shall be an extension of its contract time and shall in no way involve any monetary claim. 2. In the event of a change in the work, the subcontractor's claim for adjustments in the contract sum are limited exclusively to its negotiated costs for such changes plus no more than 15% for overhead, profit and bond costs. 3. The subcontract shall require the subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the work and thus eliminate any other remedies for claims for increase in the contract price, damages, losses or additional compensation. 4. Each subcontract shall require that any claims by the subcontractor for delay or additional cost must be submitted to the Construction Manager within the time and in the manner in which the Construction Manager must submit such claims to the Owner, and that failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims. 5. Each subcontract shall require the Owner to be added as an additional insured on the subcontractor's general liability policy for the project. 5.3 Responsibilities for Acts and Omissions The Construction Manager shall be responsible to the Owner for the acts and omissions of its employees, agents, subcontractors, their agents and employees, and all other persons performing any of the work or supplying materials under a contract to the Construction Manager. ARTICLE 6 SCHEDULE. TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 6.1 Time is of the essence of the performance of this Agreement. At the time a Guaranteed Maximum Price (GMP) is established as provided for in Article 7, a project substantial completion date, a project final completion date and an Owner Utilization date for Page 33 of 85 completion of the project in accordance with the master project schedule, shall also be established by the Construction Team. The Construction Manager agrees to complete the construction in accordance with the agreed upon substantial completion date, final completion date and Owner Utilization date. The Construction Manager acknowledges that failure to complete the project within the construction time set forth in the approved schedule will result in substantial damages to the Owner. Construction Manager hereby expressly waives and relinquishes any right which it may have to seek to characterize the liquidated damages, set out in this paragraph 6.1 below, as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Construction Manager fails to achieve Substantial Completion or Final Inspection within the Contract Time. Further, the parties acknowledge that it would be extremely difficult, if not impossible, to ascertain Owner's actual damages with any degree of certainty in the event Construction Manager fails to achieve either Substantial Completion or Final Inspection within the Contract Time. In the event the Construction Manager does not achieve Substantial Completion within the Contract Time, including approved extensions, the Construction Manager shall pay the Owner, as liquidated damages and not as a penalty, the sum of $2,811 per day for each calendar day the actual time of performance exceeds the authorized Contract Time before substantial completion based on FDOT amounts. Liquidated damages shall be $702 per day from Substantial Completion to final completion based on 1/4 of the substantial completion liquidated damages amount. 6.2 The date of Owner Utilization shall occur as described in Article 2.8(12) herein above. Warranties called for by this Agreement or by the Drawings and Specifications shall commence on the Date of Substantial Completion, unless otherwise agreed to, in writing, between the Owner and Construction Manager. ARTICLE 7 GUARANTEED MAXIMUM PRICE FOR CONSTRUCTION 7.1 When the design documents are sufficiently complete to establish the scope of work for the project or any portion thereof, as generally defined by a design document listing to be provided by the Engineer and Construction Manager upon execution of this Agreement, which is to be used only as a guide in developing for the Owner's approval, the specifications and plan data necessary to establish a Guaranteed Maximum Price; or at such time thereafter designated by the Owner; the Construction Manager will establish and submit in writing to the Owner, for its approval a Guaranteed Maximum Price, guaranteeing the maximum price to the Owner for the construction cost of the project or designated part thereof and the Construction Manager's Fee. The Construction Manager acknowledges multiple GMPs may be required for the portions of the project to support the project phasing and schedule. Such Guaranteed Maximum Price will be subject to modification for changes in the project as provided in Article 10. However, the actual price Page 34 of 85 paid for the work by the Owner shall be the actual cost of all work subcontracts, supply contracts, direct labor costs, direct supervision costs, and direct job costs as defined under Article 9, plus the Construction Manager's fees; or the GMP; whichever is less when the work is complete. Costs which would cause the GMP to be exceeded will be paid by the Construction Manager without reimbursement by the Owner. All savings will bereturned to Owner. 72 Intentionally omitted. 73 At the time of submission of a Guaranteed Maximum Price, the Construction Manager will verify the time schedule for activities and work, which were adopted by the Construction Team and used to determine the Construction Manager's cost of work. Included in the GMP will be a Construction Contingency, which is included for the parties to use, with the Owner's consent. The contingency is intended to cover the costs associated with project scope that were not adequately detailed at the time of GMP. The contingency is also intended to protect against price increases between the submission of the GMP and the completion of the 100% construction documents, as well as for the purpose of defraying expenses due to unforeseen circumstances relating to construction, and for price increases attributable to any code compliance reviews. The Construction Manager will be required to furnish documentation evidencing expenditures charged to this contingency prior to the release of funds by the Owner. Documentation for use of the Contingency shall be determined by the Construction Team, shall be included in the Project Manual, and must be displayed monthly in the PMIS. The Engineer shall verify the actual costs. 74 When the project is bid and 100% of the Trade Contracts have been executed, the contingency within the GMP may be decreased in proportion to the percent of the work completed up to a maximum of 50%. In other words, if 10% of the work has been completed and the Owner requests that the contingency within the GMP be adjusted, then 10% of the contingency within the GMP will be removed from the GMP by change order up to a maximum of 50% of the initial GMP contingency value. During the buyout period of Trade Contracts, at a point mutually agreed upon between the Owner and Construction Manager, the net amount of the buyout will be reviewed. If the net amount of the total buyout results in excess funds being required, those funds will be taken from the Construction Contingency. If the net amount of the buyout results in a savings, the savings will be assigned to the Owner's Buyout Contingency as defined in Article 7.5 If bids are not received for a portion of the work at or below the applicable line item amount in the GMP, the Construction Manager reserves the right to perform that portion of the work or negotiate for its performance for the specified line item lump sum amount or less. 75 The Owner's Buyout Contingency shall be created by savings generated by Subcontractor Page 35 of 85 buyout (Article 7.4) and also by reductions in scope that otherwise could reduce the GMP. The intent of this Owner's Buyout Contingency is to allow funds already within the GMP to remain in the GMP and be used at the Owner's discretion for scope issues that may be required or desired during the course of the project. Authorizations to spend down the Owner's Buyout Contingency will be granted the City Manager up to the limits designated in the City of Ocoee Purchasing Code. Authorizations to spend down more than the limits designated in the City's Purchasing Code must be granted the City Commission. 76 All items that may be requested by Owner, comprising the Construction Manager's General Conditions for the project, include: a) costs, including transportation and storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers, that are provided by the Construction Manager at the site and fully consumed in the performance of the Work; and cost (less salvage value) of such items if not fully consumed, whether sold to others or retained by the Construction Manager. Cost for items previously used by the Construction Manager shall mean fair market value; b) costs of document reproduction including bid sets, facsimile transmissions and long- distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office; c) that portion of the reasonable expenses of the Construction Manager's personnel incurred while in discharge of duties directly connected with the Work; the Construction Manager's allowed burden percentage multiplied on the personnel's weekly salary shall be no more than 45%; d) that portion of insurance and bond premiums that can be directly attributed to this Agreement for Construction. Premiums shall be net of trade discounts, volume discounts, dividends and other adjustments; e) sales, use or similar taxes imposed by a governmental authority and paid by the Construction Manager, and directly related to the Work; fl fees and assessments for the building permit and for other permits, licenses and inspections for which the Construction Manager is required by the Agreement for Construction to pay; g) data processing costs directly related to the Work; however, these costs shall not include any hardware, software, or CADD costs unless approved by the Owner in writing; Page 36 of 85 h) expenses incurred in accordance with the Construction Manager's standard personnel policy for relocation and temporary living allowances of personnel required for the Work, if approved by the Owner; i) the cost of obtaining and using all utility services required for the Work; J) the cost of crossing or protecting any public utility, if required, and as directed by the Owner; k) all reasonable costs and expenditures necessary for the operation of the site office, such as stationary, supplies, blueprinting, furniture, fixtures, office equipment and field computer services and hardware, provided that quantity and rates are subject to Owner's prior written approval; 0 the cost of secure off-site storage space or facilities approved in advance by Owner; m) rental charges for temporary facilities, and for machinery, equipment, and tools not customarily owned by construction workers; however, any rental charge shall not exceed the purchase price of such facilities, machinery, equipment or tools; and; n) other expenses or charges properly incurred and paid in the prosecution of the Work, with the prior written approval of the Owner. ARTICLE 8 CONSTRUCTION MANAGER'S COMPENSATION In consideration of the performance of this Agreement, the Owner agrees to pay the Construction Manager as compensation for its services, costs or fees, as set forth in Article 8.1(1) and 8.1(2) as follows. 1. Design Phase/Pre-construction - For the performance of the Preconstruction services set forth under Articles 2.3, 2.4, 2.6, 2.7 and for profit and overhead related to these services, the Construction Manager shall be paid a not to exceed fixed fee of S The Design Phase/Pre-construction Costs shall be paid according to the percent complete of the design phase. (Contractor's Proposal Attached.) The Construction Manager's personnel to be assigned during this phase and their duties and responsibilities to this project and the duration of their assignments are shown on Exhibit "E". 2. Construction Phase — For the Construction Manager's performance of the Construction Phase Work, the Owner shall pay Construction Manager the Contract Sum. The Contract Sum is the Cost of the Work as defined in Article 9 plus the Construction Manager's Fee. The Construction Manager guarantees that the Contract Sum shall not Page 37 of 85 exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, as it may be amended by Change Order. To the extent the Cost of the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. The Construction Manager's Fee for Construction Phase Work shall be based upon a percentage of the Cost of the Work. The Construction Manager's Fee shall be deemed compensation for all of Construction Manager's overhead, profit and general expenses of any kind, except as may be expressly included as a Cost of the Work as defined by Article 9, for services provided during and related to the construction phase. The percentage to be used to determine the Construction Manager's fee shall be %. The fee shall be paid proportionally to the ratio of the cost of the work in place, including stored materials (see Article 12.5), as it bears on the latest estimate of the total construction cost or the GMP, whichever is less. The balance of the fee shall be paid when construction of the project is finally completed and utilization of the project is accepted by the Owner. If construction is authorized only for a part of the project, the fee paid shall be proportionate to the amount of work authorized by the Owner. ARTICLE 9 COST OF THE WORK FOR CONSTRUCTION PHASE SERVICES 9.1 Costs to Be Reimbursed 9.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in Sections 9.1 through 9.7. 9.1.2 Where any cost is subject to the Owner's prior approval, the Construction Manager shall obtain this approval prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing Guaranteed Maximum Price Amendment. 9.2 Labor Costs 9.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner's prior approval, at off-site workshops. 9.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner's prior approval. 9.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of Page 38 of 85 materials or equipment required for the Work, but only for that portion of their time required for the Work. 9.2.4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 9.2.1 through 9.2.3. 9.2.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor, with the Owner's prior written approval. 9.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. 9.4 Costs of Materials and Equipment Incorporated in the Completed Construction 9.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. 9.4.2 Costs of materials described in the preceding Section 9.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work or, at the Owner's option, shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. 9.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items 9.5.1 Costs of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. 9.5.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and costs of transportation, installation, minor repairs, dismantling and removal. The total rental cost of any Construction Manager -owned item may not exceed the purchase price of any comparable item. Rates of Construction Manager -owned equipment and quantities of equipment shall be subject to the Owner's prior approval. 9.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. Page 39 of 85 9.5.4 Costs of document reproductions, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. 9.5.5 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. 9.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior written approval. 9.6 Miscellaneous Costs 9.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Self-insurance for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. 9.6.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the Construction Manager is liable. 9.6.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Construction Manager is required by the Contract Documents to pay. 9.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded, and which do not fall within the scope of Section 9.7.3. 9.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents; and payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager's Fee or subject to the Guaranteed Maximum Price. 9.6.6 Costs for electronic equipment and software, directly related to the Work with the Owner's prior written approval. 9.6.7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. 9.6.9 Subject to the Owner's prior approval, expenses incurred in accordance with the Construction Manager's standard written personnel policy for relocation and temporary living allowances of the Construction Manager's personnel required for the Work. 9.7 Other Costs and Emergencies 9.7.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the Owner. Page 40 of 85 9.7.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property. 9.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others. 9.8 Costs Not to Be Reimbursed 9.8.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Section 9.2, or as may be provided in Article 11; .2 Expenses of the Construction Manager's principal office and offices other than the site office; .3 Overhead and general expenses, except as may be expressly included in Sections 9.1 to 9.7; .4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work; .5 Except as provided in Section 9.7.3 of this Agreement, costs due to the negligence or failure of the Construction Manager, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; .6 Any cost not specifically and expressly described in Sections 9.1 to 9.7; .7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; and .8 Costs for services incurred during the Preconstruction Phase. 9.9 Discounts, Rebates and Refunds 9.9.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included them in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. 9.9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 9.9.1 shall be credited to the Owner as a deduction from the Cost of the Work. 9.10 Related Party Transactions 9.10.1 For purposes of Section 9.10, the term "related party" shall mean a parent, subsidiary, Page 41 of 85 affiliate or other entity having common ownership or management with the Construction Manager; any entity in which any stockholder in, or management employee of, the Construction Manager owns any interest in excess of ten percent in the aggregate; or any person or entity which has the right to control the business or affairs of the Construction Manager. The term "related party" includes any member of the immediate family of any person identified above. 9.10.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction, then the cost incurred shall be included as a cost to be reimbursed, and the Construction Manager shall procure the Work, equipment, goods or service from the related party, as a Subcontractor, according to the terms of this Agreement. If the Owner fails to authorize the transaction, the Construction Manager shall procure the Work, equipment, goods or service from some person or entity other than a related party according to the terms of this Agreement. 9.11 Accounting Records The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager's records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The Construction Manager shall preserve these records for a period of ten (10) years after final payment, or for such longer period as may be required by law. ARTICLE 10 CHANGE IN THE PROJECT 10.1 Change Orders The Owner, without invalidating this Agreement, may order Changes in the Project within the general scope of this Agreement consisting of additions, deletions or other revisions, with the GMP and the Construction Completion Date being adjusted accordingly. All changes in the Project, not covered by an authorized contingency, shall be authorized by Change Order signed by the Owner before the change is implemented. Construction Manager's claims for additional time shall be accompanied by detailed dates, correspondences, notices and other data to prove the claim as required by Article 16. 1. A Change Order is a written order to the Construction Manager signed by the Owner Page 42 of 85 issued after the execution of this Agreement, authorizing a Change in the Project, the Construction Manager's fee, or the Construction Completion date. Each adjustment in the GMP resulting from a change order shall clearly separate the amount attributable to the Cost of the Work. A change order must be in writing. No course of conduct, verbal discussions or dealings between the parties can be a basis for any claim to change the GMP or contract time. 2. The increase or decrease in the Guaranteed Maximum Price resulting from a change in the Project shall be determined in one or more of the following ways: (Should any costs be required for design of an Alternative System that would be advantageous to the project and result in a deductive change order, the Construction Manager shall include the cost of the redesign services of the Engineer so that the Owner can make proper assessment of the cost of such change. Payment for additional services shall be made by the Owner.) a. by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by the Engineer and Owner; b. by unit prices stated in the Agreement or subsequently agreed upon; c. by cost as defined in Article 9 and a mutually acceptable fixed or percentage fee; or; d. by the method provided in Subparagraph 10.3 3. If none of the methods set forth in Clause 10.2 is agreed upon, the Construction Manager, provided Construction Manager receives a written order signed by the Owner, shall promptly proceed with the Work involved. The cost of such Work shall then be determined on the basis of the reasonable expenditures and savings of those performing the Work attributed to the change. However, in the event a Change Order is issued under these conditions, the Construction Manager shall establish an estimated cost of the work and the Construction Manager shall not perform any work whose cost exceeds that estimate without prior written approval by the Owner. In such case, and also under Article 10.2 above, the Construction Manager shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data of the increase in the Cost of the Work as outlined in Article 9. The amount of decrease in the Guaranteed Maximum Price to be allowed by the Construction Manager to the Owner for any deletion or change which results in a net decrease in cost will be the amount of the actual net decrease. 4. Should concealed conditions encountered in the performance of the Work below the surface of the ground, which are either at material variance with the conditions indicated by the Drawings, Specifications, or Owner furnished information or at material variance with those conditions ordinarily found to exist in geographic area in which the Project is located, then the Guaranteed Maximum Price and the Construction Completion date shall be equitably adjusted by Change Order upon Construction Manager's adherence to the claim procedures outlined in Article 16 of this Agreement . No adjustments in Contract Time or GMP will be allowed to the extent the concealed or unknown condition should have been reasonably discovered by Construction Manager during pre -construction or pre -proposal review. The only exception to the Page 43 of 85 prohibition of adjustments to time or GMP will be where organic soils on the site when encountered differ significantly, greater or less, than the quantities estimated in providing the GMP. The Construction Manager will propose the methodology and assumptions employed to establish the quantity of materials with the GMP submission; however, such methodology and assumptions must be approved by the Owner. In the event the Construction Manager encounters organic soil conditions significantly ("significant" to be determined at GMP) different from its interpretation of the geotechnical reports which is materially at variance with the quantities derived through the application of Construction Manager's methodology and assumptions, as approved by the Owner, the Construction Manager must immediately notify the Owner, and the Owner will consider mitigation strategies, which may involve adjustments in contract time or GMP. 5. In the event the Construction Manager encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, petroleum waste, biohazardous substances, radioactive waste or any other substance falling within the category of hazardous or toxic waste under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or any other state or federal environmental statute or regulation, hereinafter collectively referred to as "hazardous waste," the Construction Manager shall immediately stop Work in the area affected and report the condition to the Owner in writing. Owner shall thereafter as soon as reasonably possible conduct a thorough investigation to determine if the suspected material in the affected area is in fact hazardous waste and shall certify to Construction Manager that such material is not hazardous waste or if such material is in fact hazardous waste that such hazardous waste has been abated and that it is safe to return to the affected area and resume work. The Construction Manager may require the Owner to furnish copies of reports of tests conducted by a qualified testing laboratory acceptable to Construction Manager verifying the absence of such hazardous waste before Construction Manager will be required to resume work. The Contract time and amount shall thereafter be equitably adjusted to account for the time lost due to the encountering of the hazardous waste and the reasonable cost associated therewith pursuant to the procedures for changes orders. The Construction Manager shall, through an analysis of network schedule, have the burden to prove the need for such time delays and associated costs. 6. The Construction Manager shall not be required to perform any work relating to hazardous waste without consent pursuant to the change's clause herein. 7. (Intentionally omitted.) 10.2 Claims for Additional Cost or Time All claims for additional cost or time shall be made by request for a change order submitted as provided in Article 16. As used in this subparagraph, "cost" shall mean the estimated or actual net increase or decrease in cost to the Construction Manager, subcontractor, or sub -subcontractor for performing the work covered by the change, including actual payments for materials, equipment rentals, expendable items, wages and associated benefits to workmen and to supervisors employed full time at the site, insurance bonds and other provable direct costs, Page 44 of 85 but not including any administrative, accounting, or other indirect or overhead costs, or any wages or benefits of supervisory personnel not assigned full time to the site, or any amount of profit or fee to the Construction Manager, subcontractor or sub -subcontractor. If the Construction Manager is delayed at any time in the progress of the work by any act or neglect of the Owner or the Engineer or of any employee of either or by any separate Construction Manager employed by the Owner or by any changes ordered in the work by labor disputes, fire, or unusual delay in transportation, unavoidable casualties or any causes beyond the Construction Manager's control or by delay authorized by the Owner pending resolution of disputes, and such delay extends the completion date, then the dates for completion may be equitably adjusted. Only delays which are determined to extend the critical path for the schedule for constructing the project will result in a time extension. Neither the Owner nor the Construction Manager shall be considered to own the schedule float time. 10.3 Minor Chanizes in the Project The Owner will have authority to order minor changes in the Project not involving an adjustment in the Guaranteed Maximum Price or an extension of the Construction Completion Date and not inconsistent with the intent of the Drawings and Specifications. Such changes shall be affected by written order. The Documentation of changes shall be determined by the Construction Team, included in the Project Manual and displayed monthly in the PMIS. Changes shall be approved by the Owner and Engineer. 10.4 Emergencies In any emergency affecting the safety of persons or property, the Construction Manager shall act at its discretion to prevent threatened damage, injury or loss. Any increase in the Guaranteed Maximum Price, or extension of time claimed by the Construction Manager on account of emergency work, shall be determined as provided in Article 10. ARTICLE 11 DISCOUNTS 11.1 All discounts for prompt payment shall accrue to the Owner to the extent the Cost of the Work is paid directly by the Owner or from a fund made available by the Owner to the Construction Manager for such payments. To the extent the Cost of the Work is paid with funds of the Construction Manager, all cash discounts shall accrue to the Construction Manager. All trade discounts, rebates and refunds, and all returns from the sale of surplus materials and equipment, shall be credited to the Cost of the Work. ARTICLE 12 PAYMENTS TO THE CONSTRUCTION MANAGER Page 45 of 85 12.1 Monthlv Statements The Construction Manager shall submit to the Owner a sworn statement, along with the cost reports required under Article 2.5(2) & (3), showing in detail all moneys paid out, cost accumulated or costs incurred on account of the Cost of the Work during the previous period and the amount of the Construction Manager's fees due as provided in Article 8. This data shall be attached to the Partial Pay Request Form shown in Exhibit "G". Ten percent (10%) retainage shall be held on all payments until the contract is fifty percent (50%) complete; except, when approved by the Owner, certain suppliers and subcontractors may be paid the entire amount due when such payment is generally the practice of the industry. At 50% completion, the Owner may approve a reduction of the retainage from 10% to 5% at its discretion. Payments by the Owner to the Construction Manager shall be made as described in Article 12.4 hereinafter. As a condition to the application for the monthly partial pay requisition, the Construction Manager agrees that all as -built information will be recorded within 30 days after receipt of information that a change to the Construction Documents has occurred. 12.2 Final Payment Final payment constituting the unpaid balance of the Cost of the Work and the Construction Manager's fee, shall be due and payable as described in Article 12.4 after Final Completion, provided that the Project be then finally completed, that the Construction Manager has verified by its signature that it has completed all items specified on the attached Exhibit "H" and that this Agreement has been finally performed. However, if there should remain work to be completed, the Construction Manager, the Owner, and the Engineer shall list those items prior to receiving final payment and the Owner may retain a sum equal to 200% of the estimated cost of completing any unfinished work and portion of the Construction Manager's retainage, provided that said unfinished items are listed separately and the estimated cost of completing any unfinished items are likewise listed separately. Thereafter, Owner shall pay to Construction Manager, monthly, the amount retained for each incomplete item after each of said items is completed. 12.3 Payments to Subcontractors The Construction Manager shall promptly, within 10 days after receipt of payment from the Owner, pay all the amount due to subcontractors less a retainage of ten percent (10%) until the project is fifty percent (50%) complete, and based on Construction Manager's evaluation of the subcontractor's acceptable performance, the Owner may approve a reduction in retainage from 10% to 5% thereafter. If there should remain items to be completed, the Construction Manager, the Owner and Engineer shall list those items required for completion and the Construction Manager shall require the retainage of a sum equal to 200% of the estimated cost of completing any unfinished items, provided that said unfinished items are listed separately and the estimated cost of completing any unfinished items likewise listed separately. Thereafter, the Construction Manager shall pay to the subcontractors, monthly, the amount retained for each incomplete item after each of said items is completed. Before issuance of final payment without any retainage, Page 46 of 85 the subcontractor shall submit satisfactory evidence that all payrolls, material bills and other indebtedness connected with the Project have been paid or otherwise satisfied, warranty information is complete, as -built markups have been submitted and instruction for the Owner's operating and maintenance personnel is complete. Final payment may be made to certain select subcontractors whose work is satisfactorily completed prior to the total completion of the Project but only upon approval of the Owner. 12.4 Construction Manager's Payment Rights Payment for construction services shall be governed and in accordance with Florida Prompt Payment Act Statute 218.735, Timely Payment for Purchases of Construction Services. 12.5 Payments for Materials and Equipment Payments will be made for material and equipment not incorporated in the work but delivered and suitably stored at the site or another location that is insured to protect the Owner's assets subject to prior written approval and acceptance by the Owner on each occasion. 12.6 Withholding Payments to Subcontractors The Construction Manager shall not withhold payments to subcontractors if such payments have been made to the Construction Manager. Should this occur, the Construction Manager shall return such moneys to the Owners, adjusting pay requests and project bookkeeping as required. However, this provision shall not apply should payments to Subcontractors be withheld as a result of procuring normal process paperwork in accordance with the Construction Managers contract with said Subcontractor. The Construction Manager shall, if requested by the Owner, notify the Owner in writing as to the reason for withholding payment. ARTICLE 13 INSURANCE. INDEMNITY AND WAIVER OF SUBROGATION 13.1 Indemnity The Construction Manager agrees to indemnify and hold the Owner and its agents and employees harmless from all claims of liability, damages, losses and costs, including but not limited to reasonable attorney's fees, to the extent that they are caused by the negligence, recklessness, or intentional wrongful misconduct of the Construction Manager or persons employed or utilized by the Construction Manager in the performance of this Agreement. 13.2 Construction Manager's Insurance 1. The Construction Manager shall not commence any construction work in connection with this Agreement until it has obtained all of the following types of insurance and Page 47 of 85 such insurance, naming the City of Ocoee as additional insured, and has been approved by the Owner, nor shall the Construction Manager allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been so obtained and approved. All insurance policies shall be with insurers qualified and doing business in Florida with an A.M. Best & Company rating of no less than A. 2. Worker's Compensation Insurance - The Construction Manager shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all its employees connected with the work of this Project and, in case any work is sublet, the Construction Manager shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Construction Manager. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the Construction Manager shall provide adequate insurance, satisfactory to the Owner, for the protection ofemployees not otherwise protected. Employers' liability shall be set at $1,000,000/1,000,000/1,000,000. 3. Construction Manager's Public Liability and Property Damage Insurance - The Construction Manager shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect him from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement, whether such operations are by himself or by anyone directly or indirectly employed by him, and the amount of such insurance shall be minimum limits as follows: a Construction Manager's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit b. Automobile Liability Coverages, $1,000,000 Each Bodily Injury & Property Damage Occurrence, Combined Single Limit c. Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit Insurance clause for both Bodily Injury and Property Damage shall be amended to provide coverage on an occurrence basis. The Products and Completed operations portions of the General Liability and Excess Liability policies shall extend for a period of ten (10) years after the Final Acceptance of the Project by the Owner. 4. Subcontractor's Public Liability and Property DamajZe Insurance - the Construction Manager shall require each of its subcontractors to procure and maintain during the life of the subcontract, insurance of the type specified above or insure the activities of its subcontractors in its policy, as specified above. 5. (Intentionally omitted.) Page 48 of 85 6. "XCU" (Explosion, Collapse, Underground Damage) - The Construction Manager's Liability Policy shall provide "XCU" coverage for those classifications in which they are excluded. 7. Broad Form Property Damage Coverage, Products & Completed Operations Coverages - The Construction Manager's Liability Policy shall include Broad Form Property Damage Coverage, Products and Completed Operations Coverages. 8. Contractual Liability Work Contracts - The Construction Manager's Liability Policy shall include Contractual Liability Coverage designed to protect the Construction Manager for contractual liabilities assumed by the Construction Manager in the performance of this Agreement. 9. Indemnification Rider a In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Construction Manager, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Construction Manager or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. b. The obligations of the Construction Manager under this Article 13.2.9 shall not extend to the liability of Engineer, its agents or employees, arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instruction by Engineer, its agents or employees, providing such giving or failure to give is the primary cause of the injury or damage. c. e 13.2(9). 10. Builder's Risk Coverage - The Construction Manager shall take out and maintain during the life of this Agreement a "Builder's Risk Policy" completed value form, issued to provide coverages on an "all risk" basis including theft. This coverage shall not be lapsed or canceled because of partial utilization by the Owner prior to final acceptance of the Project. The Owner may elect to take out and maintain this insurance coverage. Should the Owner purchase said insurance, the insurance policy shall have a deductible for each occurrence of $5,000.00. The Construction Manager shall be responsible for losses up to the amount of the deductible. 11. Certificate of Insurance - The Owner shall be furnished proof of coverage of Insurance as follows: Certificate of Insurance form and the actual policies (if requested) will be furnished to the Owner. These shall be completed and signed by an authorized Resident Agent. Page 49 of 85 This Certificate shall be dated and show: a The name of the insured Construction Manager, 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. b. Statement that the Insurer will mail notice to the Owner and a copy to the Engineer at least fifteen (15) days prior to any material changes in provisions or cancellation of the policy. a Certificate of Insurance shall be in the form as approved by Insurance Standards Office (ISO) and such Certificate shall clearly state all the coverages required in this Section commencing at 13.2 and ending with 13.3(4). 12. Owner is to be named as an Additional Insured under all policies except for Worker's Comp. 13. The insurance evidenced by the certificate shall be primary and non-contributory to any other insurance of the certificate holder. 13.3 Waiver of Subroeation The Owner and the Construction Manager waive all rights against each other, for damages caused by perils covered by insurance provided under Article 13.2 to the extent they are covered by such insurance except such rights as they may have to the proceeds of such insurance held by the Owner and Construction Manager as trustees. The Construction Manager shall require similar waivers from all subcontractors and their sub -subcontractors. 2. The Owner and Construction Manager waive all rights against each other for loss or damage to any equipment used in connection with the Project and covered by any property insurance. The Construction Manager shall require similar waivers from all subcontractors and their sub -subcontractors. 3. The Owner waives subrogation against the Construction Manager on all property and consequential loss policies carried by the Owner on adjacent properties and under property and consequential loss policies purchased for the Project after its completion. 4. If the policies of insurance referred to in this Article require an endorsement to provide for continued coverage where there is a waiver of subrogation, the Owner of such policies will cause them to be so endorsed. Failure to obtain proper endorsement nullifies the waiver of subrogation. 13.4 Insurance as Additional Remedy Compliance with the insurance requirements of this Agreement shall not limit the liability of the Construction Manager, its subcontractors, sub -subcontractors, material suppliers, employees, or agents to the Owner or others. Any remedy provided to the Owner, or the Page 50 of 85 Owner's officers, employees, agents or assigns, by the insurance shall be in addition to and not in lieu of any other remedy available under the Agreement or otherwise. 13.5 No Waiver by Approval/Disapproval Neither approval by the Owner nor failure to disapprove the insurance furnished by the Construction Manager shall relieve the Construction Manager of its full responsibility to provide the insurance as required by this Agreement. ARTICLE 14 TERMINATION OF THE AGREEMENT AND OWNER'S RIGHT TO PERFORM CONSTRUCTION MANAGER'S OBLIGATION 14.1 Suspension by the Construction Manager If the Project is stopped for a period of thirty (30) days under an order of any court or other public authority having jurisdiction or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Construction Manager, or if the Project should be stopped for a period of sixty (60) days by the Construction Manager for the Owner's failure to make payments thereon, then the Construction Manager may submit a Claim pursuant to Article 16 for an equitable adjustment to the Project Schedule as well as to the GMP for mobilization and re - mobilization costs. 14.2 Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause The Owner may terminate this Agreement for any of the following reasons: 1. If the Construction Manager is adjudged as bankrupt, or if it makes a general assignment for the benefit of its creditors, or if a receiver is appointed on account of its insolvency, or if it persistently or repeatedly refuses or fails, except in case for which extension of time is provided, to supply enough properly skilled workmen or proper materials and fails to maintain an established schedule (failure to maintain schedule shall be defined as any activity on the critical path that falls 45 days or more behind schedule) which has been adopted by the Construction Team, or if it fails to make prompt payment to subcontractors for materials or labor, or persistently disregards laws, rules, ordinances, regulations, or orders of any public authority having jurisdiction, or otherwise materially breaches this Agreement. 2. The Owner may, without prejudice to any right or remedy and after giving the Construction Manager and its surety, seven (7) days written notice, during which period Construction Manager fails to cure the violation, terminate the employment of the Construction Manager and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Page 51 of 85 Construction Manager, accept assignment of the subcontracts, and may finish the Project by whatever method Owner may deem expedient in such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall it be relieved from its obligations assumed under Article 7. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager. In the event the costs for completing the Work, including compensation for any Engineer services and expenses, exceed the unpaid balance of the Contract Sum, the Construction Manager shall pay the difference to the Owner. This obligation for payment shall survive termination of this Agreement. However, no such notice is required of the Owner if the furnishing of such notice would be futile. 14.3 Termination by Owner for its Convenience 1. The Owner may, at any time, terminate or suspend this Agreement in whole or in part for the Owner's convenience and without cause. Owner will not incur liability for the issuance of a stop work order. 2. Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Construction Manager shall: a. Cease operations as directed by the Owner in the notice; b. Take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and c. Terminate all existing subcontracts and purchase orders and not enter into further subcontracts and purchase orders, except for Work directed to be performed prior to the effective date of termination stated in the notice. 3. In case of such termination for the Owner's convenience, the Construction Manager shall be entitled to receive payment for any non -deficient Work executed up to the date of said termination. ARTICLE 15 ASSIGNMENT AND GOVERNING LAW 15.1 Neither the Owner nor the Construction Manager shall assign its interest in this Agreement without the written consent of the other except as to the assignment of proceeds. 15.2 This Agreement shall be governed by the Laws of the State of Florida. Venue shall lie exclusively in Orange County, or federal court in Orlando, Florida. The parties waive all rights to trial by jury. ARTICLE 16 Page 52 of 85 NOTICE OF CLAIM: WAIVER OF REMEDIES 16.1 The Owner's liability to the Construction Manager for any claims arising out of or related to the subject matter of this Agreement, whether in contract or tort, including, but not limited to, claims for extension of construction time; for payment by the Owner of the costs, damages or losses because of changed conditions under which the work is to be performed; or for additional work; shall be governed by the following provisions: 1. All claims must be submitted as a Request for Change Order in the manner as provided herein; 2. The Construction Manager must submit a Notice of Claim to Owner within 20 days of the Construction Manager becoming aware of the occurrence, or the event, giving rise to the claim; and 3. Within 10 days of submitting its Notice of Claim, the Construction Manager shall submit to the Owner its Request for Change Order, which shall include a written statement of all the details of the claim, including a description of the work affected. The Construction Manager agrees that the Owner shall not be liable for any claim that the Construction Manager fails to submit as a Request for Change Order as provided in this paragraph. 162 After receipt of a Request for Change Order, the Owner, in consultation with the Engineer, shall deliver to the Construction Manager its written determination of the claim. The City Manager has authority to execute changes orders up to the limits designated in the City of Ocoee Purchasing Code. Above said limits, the City Commission must authorize the change order. 163 For work the Construction Manager performs with its own forces, and in addition to the adjustments provided for in Article 8, the Construction Manager's exclusive remedy for delays in performance of the construction caused by events beyond its control, including delays claimed to be caused by or attributable to the Owner or the Engineer, including claims based on breach of contract or negligence, shall be a claim submitted in compliance with Article 16.1 above, for an extension of the scheduled construction time. In the event of a change in such work, the Construction Manager's claims for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus 5% for overhead and profit. The Construction Manager expressly agrees that the foregoing constitutes its sole and exclusive remedy for delays and changes in such work, and eliminates any other remedies for claim, for increase in the contract price, delays, changes in the work, damages, losses or additional compensation. 16.4 In the event the Construction Manager's work on the Project is delayed, the Construction Manager's sole and exclusive remedy is an extension of the construction completion date regardless of whether delay is caused by any act or neglect of the Owner, Engineer, or is attributable to the Owner or Engineer. Page 53 of 85 ARTICLE 17 DISPUTES 17.1 Harmony The Construction Manager is advised and hereby agrees that he will exert every reasonable and diligent effort to assure that all labor employed by the Construction Manager and his Subcontractors for work on the project shall work in harmony with and be compatible with all other labor being used by building and construction contractors now or hereafter on the site of the project. The Construction Manager further agrees that this provision will be included in all subcontracts of the Subcontractors as well as the Construction Manager's own contract; provided, however, that this provision shall not be interpreted or enforced so as to deny or abridge, on account of membership or non -membership in any labor union or labor organization, the right of any person to work as guaranteed by Article 1, Section 6 of the Florida Constitution. 17.2 Dispute Resolution 1. All claims, disputes and other matters in question (hereinafter referred to as a "Controversy") between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof shall be initially submitted to mediation by a mediator mutually acceptable to both parties. Otherwise, if the parties cannot agree on a mediator, mediation shall be in accordance with the Construction Mediation Rules of the American Arbitration Association ("AAA"). Construction Manager shall require pre -suit mediation in all of its subcontracts for this Project. 2 Should either the Owner or the Construction Manager feel it necessary and appropriate to take any legal action to enforce any of the terms or conditions of this Agreement between said parties, then each party shall be responsible for its own attorney's fees and costs associated with such litigation. ARTICLE 18 (Intentionally omitted.) ARTICLE 19 PUBLIC RECORDS 19.1 The Construction Manager must comply with public records laws, specifically to: This paragraph will survive termination of this Agreement. Page 54 of 85 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 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 maybe 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. ARTICLE 20 ACCOUNTING RECORDS AND AUDIT 201 The Construction Manager shall keep full and detailed accounts and exercise such controls as may be necessaryfor proper financial management under this Agreement; the accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's accountants or other duly authorized representatives or agents shall be afforded access to the Construction Manager's records, books, correspondence, instructions, Page 55 of 85 Drawings, receipts, subcontracts, purchase orders, vouchers, memoranda, and other data relating to this Project for audit purposes, and the Construction Manager shall preserve these records, documents and data for a period of ten (10) years after final payment, or for such longer period as may be required by law. The Construction Manager shall require all of its subcontractors likewise to retain such records, documents and data. If the Construction Manager receives notification of a dispute or the commencement of litigation regarding the Project within this four-year period, the Construction Manager shall continue to maintain all Project records until final resolution of the dispute or litigation. 202 Upon seven calendar days' written notice, from the date of this Agreement to the last date described in the preceding Article 20. 1, the Construction Manager shall make its records available during normal business hours to the Owner or its authorized representative(s). Owner and its authorized representative(s) shall be entitled to inspect, examine, review and copy the Construction Manager's records at the Owner's reasonable expense, within adequate work space at the Construction Manager's facilities. Such rights to inspect, examine, review and copy shall extend to the records and documentation of subcontractors. Failure by the Construction Manager to supply substantiating records shall be reason to exclude the related costs from amounts which might otherwise be payable by the Owner to the Construction Manager pursuant to this Agreement. 203 If at any time, Owner conducts an audit of Construction Manager's records and documentation and finds that Construction Manager overcharged Owner, Construction Manager shall pay to Owner the Overcharged Amount which is defined as the total aggregate overcharged amount together with interest thereon (such interest to be established at the rate of 12% per annum). If the Overcharged Amount is equal to or greater than $10,000.00, Construction Manager shall pay to Owner the Overcharged Amount and the Audit Amount which is defined as the total aggregate of Owner's reasonable audit costs incurred as a result of its audit of Construction Manager. Owner may recover the Overcharged Amount and the Audit Amount, as applicable, from any amount due or owing Construction Manager with regard to the Project or under any other agreement between Construction Manager and Owner. If such amounts owed Construction Manager are insufficient to cover the Overcharged Amount and Audit Amount, as applicable, then Construction Manager hereby acknowledges and agrees that it shall pay such remaining amounts to Owner within seven (7) business days of its receipt of Owner's invoice for such remaining amounts. In no event shall the Overcharged Amount or the Audit Amount be deemed a reimbursable Cost of the Work. 204 This Article, "Accounting Records and Audit," including all access, inspection, copying, auditing, reimbursement and repayment rights shall survive the termination of this Agreement. ARTICLE 21 MISCELLANEOUS Page 56 of 85 21.1 Limitation of Liability. The Owner shall be liable only to the extent of its interest in the Project, and no officer, director, partner, agent or employee of the Owner shall ever be personally or individually liable with respect to this Agreement or the Work. Any subcontract entered into by the Construction Manager shall include the forgoing limitation, which shall be effective in the event the Owner ever succeeds to the Construction Manager's rights and obligations under a subcontract. 212 Unless the context of this Agreement otherwise clearly requires, references to the plural include the singular, references to the singular include the plural, the term "including" is not limiting, and the terms "hereof', "herein", "hereunder", and similar terms in the Contract Documents refer to the Contract Documents as a whole and not to any particular provision thereof, unless stated otherwise. 213 Gender. Unless the context clearly indicates to the contrary, pronouns having a neuter, masculine or feminine gender shall be deemed to include the others. 21.4 Entire Agreement. This Agreement and the Construction Documents incorporated herein by reference constitute the entire Agreement between the parties with respect to the matters covered by this Agreement. All prior negotiations, representations and agreements not incorporated in this Agreement are cancelled. This Agreement can be modified or amended only by a written document duly executed by the parties or their duly appointed representative. 215 Binding Effect. Each and all of the covenants, terms, provisions and agreements contained in this Agreement shall be binding upon and inure to the benefits of the parties and their respective assigns, successors, subsidiaries, affiliates, holding companies and legal representatives, as allowed in this Agreement. 21.6 Notices. All notices shall be in writing, and may be served by (a) depositing the same in the United States mail addressed to the party to be notified, postpaid, and registered or certified with return receipt requested, (b) by delivering the same in person to such party, (i) personal delivery, or (ii) overnight courier, or (c) by facsimile transmission provided that a copy is sent on the same day, by 5 p.m., by either of the methods described in (a) or (b). Notice deposited in the mail shall be deemed to have been given on the third day next following the date postmarked on the envelope containing such notice, or when actually received, whichever is earlier. Notice given in any manner shall be effective only if and when received by the party to be notified. All notices to be given to the parties shall be sent to or delivered at the addresses or facsimile numbers set forth below: If to Owner: CITY OF OCOEE Public Works Director 150 North Lakeshore Drive Ocoee, FL 34761 Telephone: 407-905-3170 Page 57 of 85 CITY OF OCOEE Purchasing Technician 150 North Lakeshore Drive Ocoee, FL 34761 Telephone: 407-905-3100 ext. 1513 Construction Manager: By giving the other party at least 15 days written notice, each party shall have the right to change its address and specify as its new address any other address in the United States of America. 21.7 Waiver. No consent or waiver, express or implied, by either party to this Agreement to or of any breach or default by another in the performance of any obligations shall be deemed or construed to be consent or waiver to or of any other breach or default by that party. Except as otherwise provided in this Agreement, failure on the part of any party to complain of any act or failure to act by another party or to declare the other party in default, irrespective of how long such failure continues, shall not constitute a waiver of the rights of that party. 21.8 Captions. The headings used for the various portions of this Agreement and the Construction Documents are inserted only as a matter of convenience, and for reference, and in no way define, limit or describe the scope or the intent of this Agreement, any section of this Agreement, or any section of the Contract Documents. 21.9 Severability. In the event the provisions of this Agreement are determined by a Court of competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be excised from this Agreement, and the remainder of this Agreement shall continue in full force and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will materially and adversely affect the rights of a party, such party may elect, at its option, to terminate this Agreement in its entirety. 21.10 Cumulative Remedies. All rights, powers, remedies, benefits, and privileges are available under any provision of this Agreement to any party, is in addition to and cumulative of any and all rights, powers, remedies, benefits and privileges available to such party under all other provisions of this Agreement, at law or in equity. 21.11 Approval. Whenever any review or approval is required by any party, such party agrees that such review or approval will be promptly and expeditiously prosecuted to conclusion. 21.12 Further Assurances. The parties agree to execute any and all further instruments and documents, and take all such action as may be reasonably required by any party to effectuate the terms and provisions of this Agreement and the transactions contemplated Page 58 of 85 in this Agreement. 21.13 No Partnership or Joint Venture. It is understood and agreed that nothing contained in this Agreement shall be deemed or construed as creating a partnership or joint venture between the parties or any third party, or cause any party to be responsible in any way for the debts and obligations of the other party. 21.14 No Construction Against Drafter. Each of the parties have been represented by legal counsel who have had ample opportunity to, and have, participated in the drafting of this Agreement. Therefore, this Agreement shall not be construed more favorably or unfavorably against any party. 21.15 Third Party Beneficiarx. This Agreement has been made and entered into for the sole protection and benefit of the Owner, and its respective successors, and no other person or entity shall have any right or action under this Agreement. 21.16 Force Majeure. With regard to the performance under this Agreement, a party shall not be deemed to be in default of this Agreement, or have failed to comply with any term or conditions if, for reasons beyond the parties reasonable control, including without limitation acts of God, natural disaster, labor unrest, war, declared or undeclared, the existence of injunctions or requirements for obtaining licenses, easements, permits or other compliance with applicable laws, rules and regulations, such performance is not reasonably possible within such time periods, then the time for such performance shall be extended until removal of such reasons beyond the parties reasonable control, provided that the party commences such performance as soon as reasonably possible and diligently pursues such performance. 21.17 Right to Enter this Agreement. Each party warrants and represents, with respect to itself, that neither the execution of this Agreement nor the performance of its obligations under this Agreement shall violate any legal requirement, result in or constitute a breach or default under any indenture, contract, or other commitment or restriction to which it is a party or by which it is bound. Each party also warrants and represents, with respect to itself, that the execution of this Agreement and the performances and obligations under this Agreement shall not require any consent, vote, or approval which has not been obtained, or at the appropriate time shall not have been given or obtained. Each party agrees that it has or will continue to have throughout the term of this Agreement the full right and authority to enter into this Agreement and to perform its obligation under this Agreement. Upon written request, each party agrees to supply the other party with evidence of its full right and authority. 21.18 Public Entity Crime Information Statement and Department. — Section 287.133(2)(a) of the Florida Statutes states: "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 bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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 contract 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 Page 59 of 85 a period of thirty-six (36) months from the date of being placed on the convicted vendor list." By signing this Agreement, Construction Manager certifies, to the best of its knowledge and belief, that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by a federal department or agency. b) Have not, within a five-year period preceding the issuance of RFQ #19-008 been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. c) Are not presently indicted or otherwise criminally charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in the preceding paragraph (b). d) Have not within a five-year period preceding the issuance of RFQ #19-008 had one or more public transactions (federal, state or local) terminated for cause or default. Construction Manager agrees to notify Owner within 30 days after the occurrence of any of the events, actions, debarments, proposals, declarations, exclusions, convictions, judgments, indictments, information, or terminations as described in paragraphs (a) — (d) above, with respect to Construction Manager or its principals. 21.19 No Waiver of Sovereign Immunity. Nothing herein is intended to serve as a waiver of sovereign immunity by any agency or political subdivision to which sovereign immunity may be applicable. 2120 Non -Discrimination. The parties shall not discriminate against any employee or participant in the performance of the duties, responsibilities and obligations under this agreement because of race, color, religion, gender, age, marital status, disability, political or religious beliefs, national or ethnic origin. 2121 Harmony. The Construction Manager is advised and hereby agrees that it will exert every reasonable and diligent effort to assure that all labor employed by the Construction Manager and its Subcontractors for work on the project shall work in harmony with and be compatible with all other labor being used by building and construction contractors now or hereafter on the site of the project. The Construction Manager further agrees that this provision will be included in all subcontracts of the Subcontractors as well as the Construction Manager's own contract; provided, however, that this provision shall not be interpreted or enforced so as to deny or abridge, on account of membership or non -membership in any labor union or labor organization, the right of any person to work as guaranteed by Article 1, Section 6 of the Page 60 of 85 Florida Constitution. 2122 Construction Manager'sject Records. The Construction Manager's Project Records shall be maintained as prescribed herein above for the minimum period required by State and Federal Law, and shall be made available to the Owner or its authorized representative at mutually convenient times. 2123 Consequential Damages. The parties mutually waive all claims for consequential damages, except to the extent paid for by insurance maintained for this project or for liquidated damages otherwise recoverable by the Owner and allowed by this Agreement. SIGNATURE PAGE TO FOLLOW Page 61 of 85 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONSTRUCTION MANAGER: BY: PRINT NAME: TITLE: President WITNESSES: NAME: NAME: TITLE: TITLE: OWNER: CITY OF OCOEE, FLORIDA ATTEST: APPROVED: BY: BY: Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 2019 SHUFFIELD, LOWMAN & WILSON, P.A. BY: Scott A. Cookson, City Attorney APPROVED BY CITY OF OCOEE COMMISSION AT A MEETING HELD on , under Agenda Item END OF SECTION Page 62 of 85 TRUTH -IN -NEGOTIATION CERTIFICATE The Consultant hereby certifies that all wage rates, and any and all other unit costs supporting the compensation to be paid to the Consultant pursuant to a Services Authorization for the Services as set forth therein, will be accurate, complete, and current at the date of the Services Authorization's execution. WITNESS: BY: BY: Print Name: Print Name:_ Title: Title: STATE OF FLORIDA COUNTY OF PERSONALLY APPEARED before me, the undersigned authority, , [ ] well known to me or [ ] who has produced his/her as identification, and known by me to be the of the corporation named above, and acknowledged before me that he/she executed the foregoing instrument on behalf of said corporation as its true act and deed, and that he/she was duly authorized to do so. WITNESS my hand and official seal this day of , 20_. NOTARY PUBLIC Print Name: My Commission Expires: Page 63 of 85 EXHIBIT A To Be Completed Per Project Assignment Owner City Manager Owner's Representative Engineer Construction Manager CM Representative Construction Team Representatives City of Ocoee, City Commission Robert D. Frank Steve Krug, Public Works Director VHB 225 E. Robinson St. Suite 300 Orlando, FL 32801 Page 64 of 85 EXHIBIT B SAMPLE: To Be Completed per Project Assignment Construction Manager's Personnel During Construction Phase (TO BE COMPLETED AT FINAL GMP) Name Title Duration(Months) Percentage Off -Site Staff On -Site Staff Page 65 of 85 EXHIBIT C SAMPLE: To Be Completed per Project Assignment CERTIFICATE OF SUBSTANTIAL COMPLETION Project: Construction Manager at Risk for Fullers Cross and Ocoee Apopka Road Intersection Improvements RFQ No. 19-008 CONTRACTOR Contract For _ Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To And To Owner Contractor The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on , (Date of Substantial Completion). A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. When this Certificate applies to a specified part of the Work the items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 66 of 85 The date of Substantial Completion is the date upon which all guarantees and warranties begin, except as follows: The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities and insurance shall be as follows: RESPONSIBILITIES: [fill y kq I a 'j CONTRACTOR The following documents are attached to and made a part of this Certificate: Page 67 of 85 Executed by OWNER on , 20 (OWNER) The CONTRACTOR accepts this Certificate of Substantial Completion on: ,20 (Contractor) END OF SECTION Page 68 of 85 EXHIBIT D SAMPLE: To Be Completed per Project Assignment Final Completion Forms CONSTRUCTION MANAGER'S AFFIDAVIT OF CONTRACT COMPLETION OWNER: City of Ocoee PROJECT: Fullers Cross Road and Ocoee Apopka Road Intersection Improvements CONSTRUCTION MANAGER: CONTRACT FOR: Construction Manager at Risk CONTRACT DATE: CONTRACT AMOUNT: CONSTRUCTION MANAGER'S AFFIDAVIT I solemnly swear and affirm: That the work under the above-named Contract and all amendments thereto have been completed in accordance with the requirements of said Contract: that except as noted on the attached sheet, all costs incurred for equipment, materials, labor, and services against the Project have been paid; that no liens have been attached against the Project; that no Notices of Non -Payment have been served against the Payment Bond issued for this Project; that, except as noted on the attached sheet, no suits are pending by reason of work on the Project under the Contract; that all Workmen's Compensation claims are covered by Workmen's Compensation insurance as required by law; and that all public liability claims are adequately covered by insurance. STATE OF: COUNTY OF: Personally appeared before me this known) to me to be the of the foregoing affidavit in my presence. CONSTRUCTION MANAGER: Title: Date: (Seal) day of 20 , known (or made who, being by me duly sworn, subscribed to Notary Public Typed Name: My Commission Expires: Page 69 of 85 EXHIBIT E SAMPLE: To Be Completed per Project Assignment Construction Manager's Staff Positions to be Assigned to the Pre-construction/Design Phases Duration Name Title (Months) Percentage Off -Site Staff On -Site Staff Page 70 of 85 EXHIBIT F SAMPLE: To Be Completed per Project Assignment Owner's Representative(s) and Designee(s) Owner's Representative(s) .......................Public Works Director or other City Manager designee Total Dollar Limit per Occurrence, the City Manager in conjunction with the Owner's Representative(s) is authorized to obligate the Owner: $ (To be determined at Final GMP) Page 71 of 85 EXHIBIT G SAMPLE: To Be Completed per Project Assignment Partial Payment Request Form APPLICATION AND CERTIFICATE FOR PAYMENT FORM Application No. Progress Payment Final Payment P.O. No.: Contractor: Contract Date: Application Date: For Period Endin City Project Nos.: RFQ #19-008 Project Name: Construction Manager at Risk for Fullers Cross Road and Ocoee Apopka Road Intersection Improvements Construction Start Date: End Date: Date Approved by City Construction Days — Total: Elapsed: Remaining: Total Change in Contract Price 1. Original Contract Amount $ 2. Sum of Approved Change Orders to Date (from Table) $ 3. Current Contract Amount (Sum of Lines 1 and 2) $ 4. Total of Prior Pay Applications (including retainage) $ 5. Amount of this Pay Application (including retainage; from Bid Item Quantity Spreadsheet) $ 6. Total Earned to Date (Sum of Lines 4 and 5) $ 7. Total of Payments Made by City to Date $ 8. Retainage Held from Prior Pay Applications $ 9. Retainage to Be Held in this Pay Application $ 10. Total Retainage Held to Date (Sum of Lines 8 and 9) $ 11. Total Earned to Date less Retainage (Line 6 minus Line 10) $ 12. Total Earned less Retainage for this Pay Application (Line 5 minus Line 9) $ 13. Total Amount to Be Paid by City for this Application (Line 11 minus Line 7) $ Approved Change Orders Change Order No. Date Approved by City Date Accepted by Contractor Total Change in Contract Price Page 72 of 85 Change Order No. Date Approved by City Date Accepted by Contractor Total Change in Contract Price Total (Write in Line 2, above) (Pay Request Continued on Next Page) Page 73 of 85 Contractor's Certification The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the Owner on account of Work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive (not applicable for first application.); and (2) all materials and equipment incorporated In said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interest and encumbrances; (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective as that term is defined in the Contract Documents. Dated , 20_ (Contractor) (Name) (Title) COUNTY OF STATE OF Before me on this day o f , 20 , personally a p p e a r e d known to me, who being duly sworn, deposes and says that (s)he is the of the Contractor above mentioned; that(s) he executed the above Application for Payment and statement on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. Notary Public My Commission Expires Payment shown on Line 13 is recommended by City's Owner's Representative and authorized by the Owner: Representative's Authorized Signature Owner's Authorized Signature Title Date: Date: Page 74 of 85 EXHIBIT H SAMPLE: To Be Completed per Project Assignment Final Payment Request Check List Items to be submitted with General Contractor's Request for Final Payment 1. Pay Request (1 copy with original signatures and original seals, noted as FINAL) 2. Final Schedule of Contract Values 3. Consent of Surety to make Final Payment (signed and sealed) 4. Power of Attorney from Surety for Release of Final Payment (signed, sealed and dated same as Consent of Surety) 5. Affidavit of Contract Completion (Exhibit D) 6. Satisfactory Conclusion or Release of Lien from all Subcontractors or laborers who have filed Intent to Lien or have indicated non-payment from the General Contractor 7. Construction Manager's Guarantee of Construction for one (1) year from the date of Substantial Completion 8. Copy of the approval by the Engineer and the transmittal to the Owner of Manuals, Shop Drawings, As-Builts (2 sets of digital media (Flash Drives), two sets of prints), brochures, warranties, and list of Subcontractors with telephone numbers and addresses 9. Verification that Owner's personnel has been trained in the operation of their new equipment, attendance lists and videos 10. Other special Warranties are required by Specifications in the name of the Owner 11. Copy of Certificate of Completion Page 75 of 85 EXHIBIT I SAMPLE: To Be Completed per Assignment Contract Drawings & Specifications To be completed at Final GMP Page 76 of 85 EXHIBIT J SAMPLE: To Be Completed per Assignment GMP Bid Breakdown To be completed at Final GMP Page 77 of 85 EXHIBIT K SAMPLE: To Be Completed per Assignment Clarifications, Assumptions, Exclusions and Allowances To be completed at Final GMP Page 78 of 85 EXHIBIT L PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that , (hereinafter referred to as "Principal"), and a corporation organized under the laws of the State of and licensed to do business in the State of , (hereinafter referred to as "Surety"), and held and firmly bound unto the City of Ocoee, Florida, as Obligee, (hereinafter referred to as "Obligee"), in the Penal Sum of , for the payment of which sum well and truly made, Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated , entered into a contract, (hereinafter referred to as the "Contract") with Obligee for the construction of RFO #19- 008 Construction Manager at Risk for Fuller Cross and Ocoee Apopka Road Intersection Improvements (hereinafter referred to as the "Project") in accordance with the plans and specifications prepared by , dated ; and NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT IF Principal shall well and truly perform all the undertakings, covenants, terms, conditions, and agreements of said Contract including, but not limited to, the making of payments to persons or entities providing labor, materials or services to Principal under the Contract, within the time provided therein, and any extensions thereof that may be granted by the Obligee, and also during the life of any warranty or guaranty required under said Contract, and shall also well and truly perform all undertakings, covenants, terms, conditions, and agreements of any and all duly authorized and modifications of said Contract that may hereafter be made, and shall pay, compensate, indemnify and save harmless the said Obligee of and from any and all loss, damage and expense, or from any breach or default by Principal under the Contract, including, but not limited to, liquidated damages, damages caused by delays in performance of the Principal, expenses, cost and attorneys' fees, including appellate proceedings, that Obligee sustains resulting directly or indirectly from failure of the Principal to perform the Work identified by the Contract, then this obligations shall be null and void; otherwise, it shall remain in full force and effect and Surety shall be liable to Obligee under this Performance Bond. The Surety's obligations hereunder shall be direct and immediate and not conditional or contingent upon Obligee's pursuit of its remedies against Principal, and shall remain in full force and effect notwithstanding (1) amendments or modifications to the contract or contract entered into by Obligee and Principal without the Surety's knowledge or consent; (ii) waivers of compliance with or any default under the Contract granted by Obligee to Principal or by Principal to Obligee without the Surety's knowledge or consent; (iii) the discharge of Principal from its obligations under the Contract as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability of Principal or its estate as a result of any such proceedings; or (iv) any other action taken by Obligee or Principal that would, in the absence of this clause, result in the release or discharge by operation of law of the Surety from its obligations hereunder. Page 79 of 85 In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and save the Obligee harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and other legal costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This paragraph shall survive the termination or cancellation of this Performance Bond. The obligations set forth in this paragraph shall not be limited by the Penal Sum of this Bond. Any changes in or under the Contract or the Contract and compliance or noncompliance with any formalities connected with the Contract or the Contract or the changes therein shall not affect Surety's obligations under this bond, and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Penal Sum of this bond shall increase or decrease in accordance with approved changes or modifications to the Contract. The said Principal and the said surety agree that this bond shall inure to the benefit of all persons supplying labor and material in the prosecution of the work provided for in the said subcontract, as well as to the Obligee, and that such persons may maintain independent actions upon this bond in their own names. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their several seals on the day of , 20_, the name and corporate seal of each corporate party being hereto affixed and these presents fully signed by its undersigned representative, pursuant to the authority of its governing body. Signed, sealed and delivered in the presence of: Principal (SEAL) (Official Title) Surety By: (SEAL) (Official Title) NOTES: If Principal and Surety are corporations, the respective corporate seal should be affixed and attached. Surety shall execute and attach a certified copy of Power of Attorney Appointing Individual Attorney -In -Fact for execution of Performance Bond on behalf of Surety. END OF SECTION Page 80 of 85 EXHIBIT L Statutory Payment Bond Pursuant to Florida Statutes, 255.05, et seq. KNOW ALL MEN BY THESE PRESENTS, THAT (hereinafter called the "Principal"), as Principal, and , a corporation organized and existing under the laws of the State of , hereinafter called the "Surety"), as Surety, are held and firmly bound unto the City of Ocoee, Florida, (hereinafter called the "Obligee"), by bond number in the sum of Dollars and Cents ($ ), for the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written Contract with the Obligee dated , 20 to perform, as Contractor, in accordance with the Contract and Contract Documents, which Contract and Contract Documents are hereby incorporated herein by reference. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal promptly makes payments to all claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Principal and the Surety agree that this Bond shall inure to the benefit of all claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in said Contract, and that any such claimant may maintain an independent action upon this Bond in its own name. The provisions of Florida Statutes, Section 255.05, et seq. are hereby incorporated herein by reference and made a part of this payment bond including, but not limited to, the notice and time limitation provisions in subsection (2). Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this day of , 20_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Page 81 of 85 s (Principal) (Name & Title) (Signature) Witness or Secretary's Attestation (Surety) (Name & Title*) (Signature) Witness or Secretary's Attestation *Attach Power -Of -Attorney (Seal) (Seal) Page 82 of 85 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that , (hereinafter referred to as "Principal"), and a corporation organized under the laws of the State of and licensed to do business in the State of , (hereinafter referred to as "Surety"), and held and firmly bound unto the City of Ocoee, Florida, as Obligee, (hereinafter referred to as "Obligee"), in the Penal Sum of , for the payment of which sum well and truly made, Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated , entered into a contract, (hereinafter referred to as the "Contract") with Obligee for the construction of Construction Manager at Risk Fullers Cross Road and Ocoee Apopka Road Intersection Improvements (hereinafter referred to as the "Project") in accordance with the plans (September 2018) and Project Manual (September 9, 2018) prepared by City of Ocoee Utilities Department; and NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT IF Principal shall well and truly perform all the undertakings, covenants, terms, conditions, and agreements of said Contract including, but not limited to, the making of payments to persons or entities providing labor, materials or services to Principal under the Contract, within the time provided therein, and any extensions thereof that may be granted by the Obligee, and also during the life of any warranty or guaranty required under said Contract, and shall also well and truly perform all undertakings, covenants, terms, conditions, and agreements of any and all duly authorized and modifications of said Contract that may hereafter be made, and shall pay, compensate, indemnify and save harmless the said Obligee of and from any and all loss, damage and expense, or from any breach or default by Principal under the Contract, including, but not limited to, liquidated damages, damages caused by delays in performance of the Principal, expenses, cost and attorneys' fees, including appellate proceedings, that Obligee sustains resulting directly or indirectly from failure of the Principal to perform the Work identified by the Contract, then this obligations shall be null and void; otherwise, it shall remain in full force and effect and Surety shall be liable to Obligee under this Performance Bond. The Surety's obligations hereunder shall be direct and immediate and not conditional or contingent upon Obligee's pursuit of its remedies against Principal, and shall remain in full force and effect notwithstanding (I) amendments or modifications to the contract or contract entered into by Obligee and Principal without the Surety's knowledge or consent; (ii) waivers of compliance with or any default under the Contract granted by Obligee to Principal or by Principal to Obligee without the Surety's knowledge or consent; (iii) the discharge of Principal from its obligations under the Contract as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability of Principal or its estate as a result of any such proceedings; or (iv) any other action taken by Obligee or Principal that would, in the absence of this clause, result in the release or discharge by operation of law of the Surety from its obligations hereunder. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and save the Obligee harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and other legal costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This paragraph shall survive the termination or cancellation of this Performance Bond. The obligations set forth in this paragraph shall not be limited by the Penal Sum of this Bond. Any changes in or under the Contract or the Contract and compliance or noncompliance with any formalities connected with the Contract or the Contract or the changes therein shall not affect Surety's obligations under this bond, and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Penal Sum of this bond shall increase or decrease in accordance with approved changes or modifications to the Contract. The said Principal and the said surety agree that this bond shall inure to the benefit of all persons supplying labor and material in the prosecution of the work provided for in the said subcontract, as well as to the Obligee, and that such persons may maintain independent actions upon this bond in their own names. Page 83 of 85 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their several seals on the day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents fully signed by its undersigned representative, pursuant to the authority of its governing body. Signed, sealed and delivered in the presence of: Principal By: (SEAL) (Official Title) Surety (SEAL) (Official Title) NOTES: If Principal and Surety are corporations, the respective corporate seal should be affixed and attached. Surety shall execute and attach a certified copy of Power of Attorney Appointing Individual Attorney -In - Fact for execution of Performance Bond on behalf of Surety. END OF SECTION Page 84 of 85 EXHIBIT M Ocoee Engineering Standards Manual Available as a PDF document on Demandstar Page 85 of 85 .a_ r; OELRICH CONSTRUCTION INC. JULY 9 2019 OELPICH CONSTRUCTION, INC. 428 S. Dillard St. Suite 103 1 Winter Garden, FL 34787 Phone: 352.745.7877 Fox: 352.745,7878 www.oetrichconstruction.com Letterof Intent...................................................................................................... pg. 01 1® CMR's Oualifications.............................................................................................. pg. 03 1. Key Project Team Members...................................................................................... pg. 03 2. Successfully Completed Similar Projects............................................................. pg• 15 3. Client References....................................................................................................... pg. 21 4. Current & Projected Worl<toad............................................................................... pg. 24 5. Project Approach........................................................................................................ pg. 25 11® CMR's Office Location & Other Forms.............................................................. pg• 41 1. Office Location............................................................................................................. pg. 41 2. Bonding Capacity........................................................................................................ pg. 42 3. Conflict of Interest Disclosure Form...............................................:..................... pg• 43 4. Drug -Free Workplace Program Statement......................................................... pg• 44 S. Company Information/Signature Sheet............................................................... pg• 45 6. Addendum Acknowledgement............................................................................... pg. 46 7. MWBE Certification.................................................................................................... Pg. 47 8. Summary of Litigation.............................................................................................. pg. 48 3 July 26, 2019 A Vanessa Anthony, Purchasing Technician n, City of Ocoee Finance Department OELRICH 150 N. Lakeshore Drive, Ocoee, FL 34761 CONSTRUCTION Phone: (407) 905-3100 x 1513 INC. vanthony@ci.ocoee.ft.us f'0 RFO#19-008 City of Ocoee, CM At Risk for Fathers Cross Road& Ocoee Apopka Road lnteisection tmpiovements I OELR I CH CONSTRUCT ION, INC. Re: RFO #19-008 Construction Manager at Risk for Fullers Cross Rd & Ocoee -Apopka Road Intersection Improvements Dear Vanessa Anthony and Selection Committee Members: Roads are the lifeblood of cities. These critical arteries unify communities and drive our economy. The Fullers Cross Rd and Ocoee -Apopka Rd Intersection is a particularly important crossroads, given its proximity to Ocoee High School, Hope Charter School, PubLix at Fountains West, and other anchor destinations. Average daily traffic on this intersection has steadily increased over the years. New North Ocoee developments such as the potential Ocoee Village Center Planned Unit Development (PUD) will further contribute to increased activity in the region. We understand that the scope of work for the RFO#19-008 project involves upgrading the current traffic signal, installing a crosswalk, adding Left and right - turn deceleration lanes, milling/resurfacing, and building a sidewalk.This $1 million project will greatly alleviate roadway congestion and improve safety for motorists, cycLists,and pedestrians.Oelrich Construction has the vision and technical expertise required to construct infrastructure enhancements of this caliber. Why partner with us? 1. Our Emphasis on Safety, Communication, and Maintenance of Business We understand that the Fullers Cross Rd and Ocoee -Apopka Rd intersection is a very busy crossroads that cannot be shut down. Our team is committed to keeping both roadways moving throughout construction. During preconstruction, our team will develop a sequenced roadway construction phasing plan that allows us to keep Lanes open at all times. With popular schools, churches, businesses, and homes Located along the corridor, it will be critical to develop a strong wayfinding strategy that ensures safety and maintains accessibility for all stakeholders. Your field superintendents Ethan Newport and Cozart Lawrence both carry FDOT Advanced 27Gainesville N office:W 137"' Drive, Suite A 275 N to (T. Maintenance of Traffic M.O.certifications which ihhhorit to make ) gives tem the authority FL 32669 safe temporary traffic control decisions. We will set up highly -visible detours at the appropriate distance to ensure safe passage. Our team will go door-to-door to keep Orlando Office: 428 S. Dillard St., Suite 103 aLL stakeholders informed about construction progression. Winter Garden, FL 34787 2. Our Experience on Similar Roadway Projects in the Region oeh chconstruction.com Our proposed team for this project includes the same team members that the tel: 352-745-7877 cac1510:79 City of Ocoee has worked with over the Last two years on the $9.8 million BLuford f'0 RFO#19-008 City of Ocoee, CM At Risk for Fathers Cross Road& Ocoee Apopka Road lnteisection tmpiovements I OELR I CH CONSTRUCT ION, INC. Gainesville Office: 275 NW 137r' Drive, Suite A Jonesville, FL 32669 Orlando Office: 428 S. Dillard St.,Suite 103 Winter Garden, FL 34787 oelrichconsU uction,com tel.: 352-745-7877 CGC1510579 Avenue project. Bluford Avenue is the backbone of the City of Ocoee's $45 million Downtown Master Plan.This major infrastructure project required the consolidation and upgrade of 3,000 linear feet of water main, a new gravity sewer system, 3,000 Linear feet of new 16" force main, reconstruction of 3,000 linear feet of roadway and asphalt pavement, storm drainage, concrete curbs, brick pavers, sidewalks, Landscaping, and LED Street lighting. Our team faithfully championed the city's interests throughout the project and worked around the clock to keep the project on track throughout hurricanes, design changes, and school openings. We earned the trust of the 9 businesses, 6 institutional facilities, and 18 residences located on the corridor by staying in continual communication and doing everything we could to mitigate impacts. We always provided other means for customer access through temporary driveways or alternative access points and adapted our schedule to meet their needs. For instance, we got roadwork done around the local flower shop in time for Valentine's Day and provided access to the Downtown tax preparer prior to tax season. Our team would bring this same work ethic and customer service attitude to the RFO#19-008 project. 3. Our Ability to Overcome Field Challenges Roadway projects can have a tremendous impact on the daily lives of community members, which often makes them the focus of intense scrutiny from citizens and elected officials. From utility undergrounding to road resurfacing and pedestrian overpass construction,our team has talented professionals experienced at delivering highly -visible public works projects. Our performance overcoming coal tar/arsenic contamination on the 32 -acre Depot Park project and completing the multi -phased NW 8th Avenue Road Reconstruction project at 10 percent below the initial budget speaks to our ability to navigate challenging conditions. Oelrich Construction has more than 15 years of experience delivering challenging construction management projects. Our Winter Garden office is located 3 miles away from Ocoee City Hall... guaranteeing a swift response to any project needs. You can trust our team to offer value engineering solutions that fit your budget; proactively coordinate the design team and field operations; manage a safe, well -organized job site; and deliver a high-quality final product. By championing our client's vision from blueprints to closeout, we deliver outstanding value. It would be an honor to work with the City of Ocoee to deliver another successful roadway infrastructure enhancement. Thank you for your time and consideration of our qualifications. Ivan Oelrich, President Oelrich Construction, Inc. ivan@oelrichconstruction.com 352-745-7877 {'rJ RIO #19-008 City of Ocoee, CM At Risk for Falters Cross Road&Ocoee Apopka Road Intersection Improvements i OELR I CH CONSTRUCT ION, INC. do After gaining a wealth of experience managing a wide variety of commercial projects throughout North Central Florida, Ivan Dietrich opened the doors at Oetrich Construction in October 2004. Oetrich Construction is a certified veteran -owned business with 15 years of proven construction management experience. From the spiraling 13th Street DNA Helyx Bridge to the iconic 32 -acre Depot Park,Oelrich Construction has developed a reputation for managing visionary projects on time and under budget. With offices in Winter Garden, FL and Jonesville, FL our team employs 34 professional project managers, superintendents, administrative support,and cost estimators.We offer construction management, design -build, and general contracting services. We would serve the City of Ocoee through our Orlando -area Winter Garden office. Oelrich Construction is ultimately responsible for maintaining your project's overall pace and cost. Effective construction management is all about logistics and relationships. Overseeing as many as 30 separate subcontractors, plus architect/ engineering partners in addition to coordinating with municipalities and regulatory agencies requires a consistent, organized approach. You can rely on Oetrich Construction to deliver responsive, excellent service, despite these many moving parts. ;��� RFO u19-008 City of Ocoee, CMA[Risk for Fullers Cross Road&Ocoee Apopka Rood Intersection Improvements I OELRICH CONSTRUCT ION, INC. IVAN OELRICH President/Principal DANA NOYES Director of Operations BE SHEFFIELD( HUNTER WILSON HR Manager Administrative Assistant MATT MARINO Preconstruction Manager TODD BROCK NATHALIE KINSEY Senior Estimator Marketing Manager CHRISTOPHER CREHORE (t( I ISABELIA MEREDITH LEE HART Marketing & Design Assistant Estimator Assistant TRAVIS GRIFFIN Assistant Controller CHRISTINA SAPP PALOMA GUTIERREZ Sr Account Manager Account Manager JOHN HUNNICUTT BRAD PATTERSON RYAN MINTON ETHAN NEWPORT CHRISTOPHER CREHORE R08114SON Project Manager Senior Superintendent Project Manager Senior Superintendent Project Manager (JORDAN Superintendent JAVELL WOODS ..� ( SEAN STRAYER ' 7 ALAN PARKER BROOKLYNPOWELL SO Aoject PAUL BRENNEMAN Assistant Project t Assistant AND Assistant Project Superintendent Manager i Manager Superintendent P Manager Manager NICHOLAS YAEGER CHRIS CELLON 1 COZART LAWRENCE IAN BROWN E FORD Assistant Project Assistant ( Assistant Superintendent Assistant Superintendent I Field Field Engineer Manager Superintendent i JUSTIN DEAN Field Engineer r•� V1_`S9✓r ICH CONSTRUCTION title. Lourdes PtscheUm,evv Project Engineer �� RFO d19-008 City of Ocoee, CM At Risk for Fullers Cross Rood& Ocoee Apopka Road Intersection Improvements 1 0 E LR I CH CO N STIR U CTI 0 N, I NC. OELRICH CONSTRUCTION INC. Fe Re v ♦ i' • �+ ♦ +:I Ws • ..i •y IVAN ®ELRICH EXECUTIVE MANAGER + Executive management, vision & direction + Quality control/ ' assurance + Client support TODD BROCK ' SENIOR ESTIMATOR + Value engineering analysis + Construction Document review + Cost control + Subcontractor engagement ETHAN NEWPORT SR SUPERINTENDENT + Site logistics & preparation 1 �+ Safety education " + Field supervision + Timeline management + Material installation inspections + Duality assurance CARTLAWRENCE ASST SUPERINTENDENT + Support site logistics + Duality control & review + Materials ordering/ submittals + Communication support + Field supervisory support MATTHEW MARINO PRECONSTRUCTION MGR + Preconstruction management 9'A + Cost control & VE strategy + Milestone schedule �,� development + Contract review RYAN MINTON PROJECT MANAGER + Primary contact from design to post -occupancy + Biweekly project meetings + Schedule oversight + Subcontractor engagement + Phasing strategy $O RFO#19-008 City of Ocoee, CMAC Riskjor Falters Cross Road& Ocoee Apopka Road Intersection Improvements I OLLRICH CONSTRUCTION, INC. J SEAN STRAYER ASST PROJECT MGR + Material submittal v review and procurement + Quality control + Subcontract management + Document management $O RFO#19-008 City of Ocoee, CMAC Riskjor Falters Cross Road& Ocoee Apopka Road Intersection Improvements I OLLRICH CONSTRUCTION, INC. J Education Colorado State University Bachelor of Science in Construction Management Military + U.S. Army Infantry, Schofield Barracks, HI + Operation Restore Democracy Port -Au -Prince, Haiti Certifications + Certified FL General Contractor; CGC1510579 + ASHE Health Care Construction Certification + OSHA 30 -Hour Certification + First Aid/CPR Certification Community Service + Builders Association of North Central Florida, Past President + Board Member + Citizens State Bank, Board Member + Boys & Girls Club of Alachua County, Board Member + Business Community Coalition, Board Member + Leadership Gainesville LG34 Military veteran Ivan Oelrich is the founding member of the Oelrich Construction team. With more than 23 years of construction leadership expertise, Ivan has boots -on -the -ground experience supervising multi million dollar capital projects. His military background influences his approach to business management, team building, quality assurance, safety, and project operations. As the President/Principal, Ivan provides executive direction for all corporate project management and field capabilities, guaranteeing that all processes move efficiently, consistently achieve high quality standards, and surpass client expectations. v.I, . ,-,_-- South Main St Reconstruction 1 $7 million I Gainesville CRA Executive Manager I December 2017 -June 2019 The South Main Street Reconstruction project included undergrounding utilities between Depot Avenue and South 16th Avenue in Downtown Gainesville. The connectivity and accessibility improvements include reconstruction of 3,200 linear feet of right- of-way features such as pavement, lighting, drainage, sidewalks, utilities, furnishings, hardscape, and landscape. Annual Pavement Preservation 1 $1.8 million I City of Gainesville Executive Manager I February 2017 - September 2017 Oetrich Construction provided iterative cost estimates and overall project management for roadway milting, repaving, cap sealing, and microsurfacing Our team addressed numerous roadway concerns including: asphalt grading, stormwater modifications, insufficient limerock base compaction, cracked sidewalks, broken curbs, tree root damage, and vehicular wear and tear. 13th Street Helyx Overpass & Plaza 1 $2.3 million I Gainesville CRA Executive Manager I March 2012 -October 209.2 Oelrich Construction constructed a functional, iconic gateway for the College Park/ University Heights district. This multi -modal transportationproject required utility coordination, advanced maintenance of traffic, specialty stormwater collection, retaining watts, and landscaping. Notable sustainability features included recycling 30 tons of steel, installingg long -Life LED lighting, and incorporating a tiered rain garden.This innovative project won national and state American Public Works Association awards for projects <$5 miLLion. Ben Hill Griffin Stadium Sky Box Expansion 1 $75 million I UAA Superintendent I lune 2001 - September 2001 Scope of work for this major collegiate football stadium expansion included adding 60 private and corporate sky boxes, concession facilities,a catering kitchen and support space. Television and print media facilities were renovated to add 200 seats and six radio and television booths. The project included a new elevator and escalator tower, expansion of a public plaza, and the relocation of underground utilities. ,(r) RFO a19-008 City of Ocoee, CM At Risk for Fullers Cross Road& Ocoee Apopka Road Intersection Improvements I OELR I CH CONSTRUCT ION, INC. Education University of Florida Bachelor of Science in Business Administration Certifications + OSHA 30 -Hour Certification + First Aid/CPR Certification + FDOT Maintenance of Traffic Adv. Certification + Heavy Equipment Operator Powder Actuated Toot Certification + Infection Control Risk Assessment + Certification + HAZWOPER 40 -Hour Certification + Frame, Tube & Coupler, and System Scaffolding Certification + First Aid Mental Health Training Community Service + Rotary Club of Gainesville - Member + Builders Association of North Central Florida - Board Member + SFC Master Trades Advisory Board + Williston Central Christian Academy - President of the Board Role/Background As Preconstruction Manager, Matthew Marino supervises cost estimating, milestone schedule development, subcontractor bid package/scope strategy, and project estimating. With nearly two decades of experience supervising complex construction projects as a seasoned field superintendent, Matthew's practical insight will align client needs within budget, schedule, and constructability constraints. As Oelrich Construction's Safety Coordinator, he also supervises jobsite safety across Gainesville and Orlando. White everyone on our management team is charged with enforcing jobsite safety, Matthew is the eyes and ears onsite to ensure safety is the number one priority. NW 16th Terrace Resurfacing I $505,823 1 City of Gainesville Preconstiuction Manager I April 2019- Present Supervise estimating and preconstruction services for a 0.5 mile road job. Scope involves milling approximately 2" of existing asphalt, resurfacing, and FDOT compliance upgrades for signing/markings. New Animal Shelter 1 $7 million I Lake County 11 econsiruction Manager I February 2019 Present Supervise preconstruction strategy and cost estimates for a 31,000 sf municipal animal shelter in Tavares. The building wilt feature an education room,a surgery room, cat and dog isolation areas, and adoption areas. Downtown Bo DiddleyPlaza 1 $1.86 million I Gainesville CRA Senior Superintendent I March 2015 - March 2016 Improvements including a new cafe space, airport style restrooms, a water watt with 250 LED tight combinations, a welcoming informational kiosk, and a green room for enhanced performances. New City Hall Design -Build 1 $2.5 million I City of Williston Senior SUI)erintendent I January 201.8 -- October 2018 This Downtown Williston project involved the ground -up construction of a new 12,000 square foot city haft. Oelrich Construction worked closely with the Owner to deliver a high-value new facility with local elements. NW 8th Avenue Reconstruction 1 $5.2 million I City of Gainesville Senior Superintendent I August 2015 - November 201.6 The reconstruction of NW 8th Avenue involved extensive wetlands restoration and sediment control within Hogtown Creek. Four new 24 -inch RCP culvert crossings with a new stormwater structure were set and modified to tie into existing stormwater pipes. The project included stabilization and creek repair by using new steel sheet piling and concrete to stabilize the creek bank and bottom around the roadway culvert. RFO s19-008 City of Ocoee, CM At Risk for Fullers Cross Road&Ocoee Apopka Road Intersection Improvernents I OELR I CH CONSTRUCT ION, INC. Education University of Florida Bachelor of Science in Building Construction Certifications + LEED AP BD+C + First Aid/CPR Certification Community Service + Associated Builders & Contractors Future Leaders Program + Builders Association of North Central Florida, Member Todd Brock's primary responsibility is to align the budget & scope of each project during preconstruction. His expertise in estimating has been acquired over 18 years in the construction industry. Todd's understanding of the means and methods in which systems and assemblies come together ensures accuracy in his work product. He has extensive experience with new construction, expansions, and renovations of university housing projects and offers a well established network of subcontractors and suppliers throughout Gainesville and Orlando. Todd's ability to foresee and communicate design challenges with architects and engineers ensures solutions are incorporated into the design and the bidding documents. New Animal Shelter 1 $7 million I Lake County Senior Estimator I December 2018 - Present Prepare estimates and value engineering recommendations for a 31,000 sf municipal animal shelter in Tavares. The shelter was designed to provide additional capacity for animals since Lake County's 2017 designation as a no -kill facility. Oviedo Free -Standing Emergency Department 1 $5.1 million I HCA EstimaLor 1 2012 Prepared estimates for a 18,674 sf medical project with twelve private patient beds for Central Florida Regional Hospital (HCA). Engaged Seminole County trade subcontractors to prepare accurate bid packages. Reviewed submissions for compliance with design scope. Wekiva Elementary Renovations 1 $9.42 million I Seminole County Public Schools Estirnator 1 2016 Prepared estimates for 65,837 sf of improvements to an educational facility in Wekiva Springs, FL. Project involved a HVAC replacement. Greenwood Lakes Middle HVAC 1 $5.2 million I Seminole County Public Schools Estimator 1 2016 Prepared estimates for a 124,000 sf K-12 project. Scope included mechanical upgrades across multiple buildings as well as new chilled water lines. Ben Hill Griffin Stadium Fire Sprinkler Upgrades 1 $337,566 1 OF UAA Estimator 1 2010 Prepared estimates for a 53,705 sf minor OF University Athletics Association project within the football stadium. Scope included engaging Local MEPF trade subcontractors and close review of life safety enhancements. -- - — ----- ------ ------ p.�.:J RFO s19-008 City of Ocoee, CMAt Riskfor Fullers Cross Road& Ocoee Apopka Road Intersection Improvements I OELRICHCONSTRUCT ION, INC. r� r Education University of Florida Bachelor of Science in Building Construction Certifications + OSHA 30 -Hour Certification + LEED Accredited Professional + First Aid/CPR Certification Community Service + Associated Builders and Contractors (ABC) of Central Florida, Member + Builders Association of North Central Florida, Member Ryan Minton has extensive experience managing a diverse portfolio of projects including University expansions, hotel renovations, boutique food & hospitality build -outs, themed entertainment and municipal/ airport new construction/ renovations. He has provided Owner's representative services for municipal and private clients providing oversight from "blue sky" design intent all the way through operational support. As project manager for Oelrich Construction, he generates conceptual and hard estimates, performs feasibility analyses, and manages facility construction scheduling/phasing. He manages capital projects from start to finish. Relevant Projects Lazy Mac's Taco Shack 1 $258,000 1 The Villages Project Manager I August 2018 - December 2018 This 1,300 sf restaurant build -out project was completed within an active movie theater. Field staff installed temporary protection on multiple floors to protect existing finishes in the construction zone, and to protect high-priced projector equipment from any debris. Bluford Avenue Phase I & II Reconstruction 1 $9.8 million I City of Ocoee Project Manager I September 2017 - October 2018 Scope of work for the Bluford Avenue improvements included 3,000 linear feet of water main upgrades, new gravity sewer system and approximately 3,000 linear feet of a new 16" force main. Technical Services Facility 1 $4 million I Reedy Creek Improvement District Project Manager I June 201'7 -January 201.8 This 14,000 square foot facility serves as Reedy Creek Improvement District's Fleet Maintenance facility and provides support for Reedy Creek's Fire Department. Disney Springs Parking Garages 1 $75 million I Reedy Creek Improvement District Associate Project Manager 1 2015 - 201.7 Named after fresh fruits grown in Florida, Garage Lime and Garage Orange increased parking capacity by nearly 6,000 spaces. Responsibilities included supervising concrete pours,quality control,signage/way finding, fagade,art, and decor. Airport Maintenance Facility 1 $1 million I Greater Orlando Aviation Authority (GOAA) Project Manager 1 2012 - 2015 For this 11,00 sf project it was important to adhere to FAA safety requirements when phasing capital improvements. (z) RFQ 419-008 City of Ocoee, CM At Risk for Falters Cross Road& Ocoee Apopka Road Intersection Improvements I OELR I CH CONSTRUCTION, INC. 1171177, 71 W ur v" • ti! Education Santa Fe College Building Construction Certifications + OSHA 30 -Hour Certification + Heavy Equipment Operator - Class 5 Certification + First Aid/CPR Certification + Powder -Actuated Toot Certified + Forklift Operator II + OSHA -designated Scaffolding Inspector Community Service + Builders Association of North Central Florida, Member + Rebuilding Together North Central Florida, Volunteer Associated + Builders and Contractors (ABC) of Central Florida, Member Ethan Newport has 14 years of leadership in the building construction industry. He owned his own residential remodeling business before transitioning to commercial construction. His experience working in the trenches as a self-employed trade contractor has paved his management style, technical understanding, and field operations approach. As Senior Superintendent, Ethan ensures that all major projects are delivered on time, on budget, and to the finest quality standards. He supervises all building trades, manages logistics, communicates relevant project information to trades, and records jobsite activities. One of his most important responsibilities is protecting subcontractor and stakeholder safety on jobsites. Relevant Projects South Lake Regional Park 1 $2.8 million I Lake County Senior Superintendent I October 2018 - Present Oelrich Construction is actively working on the 141 -acre South Lake Regional Park project, which requires heavy civil earthwork. Future amenities will include multipurpose fields, baseball, softball, and little league fields; cricket fields; playground area; dog park; pavilions; path system and trailhead; exercise stations; etc. Bluford Avenue Phase I & II Reconstruction 1 $9.8 million I City of Ocoee Senior Superintendent I September 2017 -October 2018 Scope of work for the Bluford Avenue improvements includes 3,000 Linear feet of water main upgrades, new gravity sewer system and approximately 3,000 linear feet of a new 16" force main. South Main Street Reconstruction 1 $7 million I Gainesville CRA Senior Superintendent I December 201.7 The connectivity and accessibility improvements include reconstruction of 3,200 linear feet of right-of-way features such as pavement, lighting, drainage, sidewalks, utilities, furnishings, hardscape, and landscape. Cade Museum for Creativity and Invention 1 $8.3 million I Cade Foundation Senior Superintendent I April 2016 - October 20:1.7 Oelrich Construction overcame a high-water table, coal tar and arsenic contaminated soils, and contaminated groundwater when installing the 25,474 sf museum's massive concrete foundations. Clinical Skills Lab Vertical Expansion 1 $4.5 million I OF Vet Med Superintendent I Novernber 209.4 - May 2015 This LEED Gold 11,339 sf project involved constructing three new floors atop the existing one-story Veterinary Academic Building. Oelrich Construction built a rooftop mechanical penthouse to increase the amount of usable square footage for lab activities. (';) RFO s19-008 City of Ocoee, CM At Risk for Fullers Cross Road& Ocoee Apopka Road Intersection Improvements I OELR I CH CONSTRUCT ION INC rl �` ,: 111M Education Orlando Medical Institute Paramedic: Emergency Medicine Seminole Community College Emergency Medical Technician Fire Science Certifications + First Aid/CPR Certification + Infection Control Risk Assessment Certification + FDOT Temporary Traffic Control Adv. Certification + OSHA 30 -Hour Certification Community Service + International Association of Fire Fighters (IAFF), Member + Associated Builders and Contractors (ABC) of Central Florida, Member + Builders Association of North Central Florida, Member Cozart Lawrence hasten years of experience performing residential and institutional construction. Prior to working for Oelrich Construction, he served Central Florida as a Fire Fighter and Paramedic for 9 years. Cozart's experiences rescuing fire victims and providing stabilizing medical care in crisis situations informs his proactive leadership style. Cozart is punctual, methodical, and effective under pressure. As Assistant Superintendent for this project, he will support the project manager and field superintendent. His responsibilities include supervising field safety protocol, reviewing shop drawings, processing RFI's, compiling monthly 0/A/E meeting minutes, and coordinating subcontractors. Relevant Projects South Lake Regional Park 1 $2.8 million I Lake County Assistant Superintendent I October 2018 - Present Oelrich Construction is actively working on the 141 -acre South Lake Regional Park project, which requires heavy civil earthwork. Future amenities will include multipurpose fields, baseball, softball, and little league fields; cricket fields; playground area; dog park; pavilions; path system and trailhead; exercise stations; etc. Bluford Avenue Phase I & 11 Reconstruction 1 $9.8 million I City of Ocoee Assistant Superintendent I Septernber 2017 - October 2018. The intent of the Bluford Avenue streetscape project is to develop enhanced stormwater/utility capacity with a boulevard appearance, that will support Downtown Ocoee's economic growth and future high density development. Scope of work for the Bluford Avenue improvements includes 3,000 linear feet of water main upgrades, new gravity sewer system and approximately 3,000 linear feet of a new 16" force main. Valencia EC Building 1B Remodel 1 $1.39 million I Valencia College Assistant Superintendent I February 2018 -August 2018 Oelrich Construction completed an interior renovation totaling approximately 13,000 SF. Located in the busy Valencia East Campus, the second and part of the third floor were closed for the spring and summer semesters and re -opened in time for the fall. The scope included new classrooms, offices, equipment rooms & the new UCF Valencia East Center. Alaqua Lakes Private Pool 1 $600,000 1 Private residence Superintendent 1 2007 Cozart completed a custom pool for a private residence in Lake Mary, FL. Responsibilities included supervising permits, inspections, sitework, steel, plumbing, electric, rebar, tile, gunite shell, warranty services, and other specialties. RFO a19-008 City of Ocoee, CM At Risk for rollers Cross Road& Ocoee Apopka Road Intersection Improvements I OELRKH CONSTRUCT ION, INC. �WRTAPOVWZ "44 -JIM Education University of Florida Bachelor's Degree in Design, Major in Architecture Certifications + First Aid/CPR Certification + FDEP Stormwater Inspector + OSHA 30 -Hour Certification Community Service + Associated Builders and Contractors (ABC) of Central Florida - Member + Builders Association of North Central Florida - Member A skilled designer, Sean has extensive building experience. He has worked with a diverse array of clients including municipalities, universities, and federal agencies. Skill sets include drafting, BIM coordination, and constructability reviews. As Assistant Project Manager for this project, he will support the project manager and field superintendent. His responsibilities include estimating conceptual budgets, reviewing shop drawings, processing RFI's, compiling monthly 0/A/E meeting minutes and coordinating subcontractors. Sean earned his Stormwater Inspector certification for erosion and sedimentation control best practices from the Florida Department of Environmental Protection. EC Building 113 Renovations 1 $1.39 million I Valencia College Assistant Project Engineer I February 2018 -August 2018 Oelrich Construction completed a 17,000 sf interior demolition & build -out of an existing higher -education space. The project was completed on the 2nd and 3rd floor of a campus building. CMAR Continuing Services 1 <$2 million I University of Florida Project Engineer I August 2016 - May 2017 Performed multiple capital improvements at the University of Florida's campuses in Orlando and Gainesville. Projects include: Archer Family Medical Center; Lake Nona MTM Expansion; Communicore CG -14,11, & 74; Blue Room Renovation, and more. Ground Rehabilitation Center I $180,234 1 Marion County/Florida DMS Project. Fngineer I April. 2017- ILAy 2017 Oelrich Construction constructed a pre-engineered metal building with a flexible gathering area, two restrooms, and misting fans. Interior finishes include zenith fiber support cladding and high- performance drywall. OF Lake Nona COM Expansion 1 $198,083 1 University of Florida Project Engineer_I April 2017 Scope of work included constructing four private cubicles, an open seating area,a small lobby area, and an interview room. The project involved demolishing walls within the existing COM Communication and Care Center and making LED lighting and HVAC improvements. Shands Nuclear Medicine Renovations 1 $445,587 1 OF Health Facilities Project Engineer Assistant I August 2016- November 2016 Oelrich Construction remodeled the Positron Emission Computed Tomography (PET) unit exam room,ADA restrooms, and injection rooms in an active cancer center. f(.) RFO #19-008 City of Ocoee, CM At Risk for Fullers Cross Road& Ocoee Apopka Road Intersection Improvements I OELR I CH CONSTRUCT ION, INC. EMU State of Florida Department of State I certify from the records of this office that OELRICH CONSTRUCTION, INC is a corporation organizeduader the laivs of the State of Florida, filed on October 20, 2004. The document number of this corporation is P04000144764. I further certify that said corporation has paid all fees due this office through December 31, 2019, that its most recent annual reportArniform business report was filed on April 1, 2019, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution Given rnfdernfv hand and the GreddSeal ofdre State offlorila al Taflahasiae, the Caplb( dde Hie 27vendedk day atehmey 2019 44� '4'crn Secretary of State Trarkingliambu: 1455865842CU To authenticate tM eertificate,visa die follns g Ate,enterthis nlsmber, and then follmvthe hlsUumnes dtzplayed. hltpz:Hservicesswbk.ary(FIIhIgOCer W reef¢Olstatus/CertGlcateAuYten[ka[iml www ��L�rIF� <f • %err/ec VeEel<v7 B sines t ertificntion STATE OF FLORIDA --lmryf m,n 1- r'nlrfbrte.t'rc.....m bO ne ml YnSnis Joeumnalnanylorm O, rN51pan u ' lo, ae.—M RFO a19-008 City of Ocoee, C14 At Risk for Fullers Cross Road &Ocoee Apopka Road Intersection Improvements 1 OELRICH CONSTRUCTION, INC. 40 FDOT This Certifies that e -"i-'— Cozart C. Lawrence Has Completed a Florida Department of Transportation Approved Temporary Traffic Control (TTC) Advanced Course. Date Expires: 06114)2023 Cralowte 1f 52606 Instructor: Jack Luckhardt FD0T Provider if 110 Safety Links Phone: 8004684036 1855 W State Rd 434 Ste. 283 Longwood, FL 32750 www.safetyllma net ,hansom@safetylinks.net S�af amt, L Ns FDOT This Certifies that Sean D. Strayer Has Completed a Florida Department of Transportation Approved Temporary Traffic Control (TTC) Advanced Course. Data Expires: 09/07/2021 Certificate # 32279 Instructor: John Swift FDOT Provider# 36 T2 CenledUnlverslty, of Florida Phone: 352-273-1685 2100 NE Word. Road Gainesville, FL 32609 techtransfence. u0.edu t.m mJ,mchi@ufi.edu U rr„a.danm;,,n b,.nmm EDS) This Certifies that !a' Ethan M. Newport Has Completed a Florida Department of Transportation Approved Temporary Traffic Control (TTC) Advanced Course. Data Expires: Nil 312021 Certllicate # 27854 Instructor: Gordon Burleson FD0T Provider 36 T2 CentelNniversity of Florida Phone : 352.273.1685 2100 NE Waldo Road Gainesville, T2vC.co.u0.ed0 dkpagn@uff.edu t8C Lnnymnailno In.:, e. n. ...QUALIFIED STORMWATER MANAGEMENT INSPECTOR Far undersigned arena, ackeowiedge9 dui Sean Strayer has successfully mct all reyeirernrnN neecr,ary to be felly qualified doougb she Florida Da moncnt of Emimrmenial Protection Stomm'al<r Emelon and Sedinartadon Correll Inseemr Tmwng Ruse, sa TRAMING & EDUCATION Our team strives to give our personnel the tools they need to be successful. We back up that commitment with a professional development program that regularly invests in continuing education programs for our staff members. Our members regularly attend workshops/lunches held by associations such as the Builders Association of North Central Florida, Associated Builders and Contractors of Central Florida, and the American Public Works Association. Our training is used by personnel in the field each and every day. Our superintendents impart this knowledge to the tradesmen and laborers working on every job site. Staff host site-specific safety meetings where they review common injury causes such as falls, improper hand toot operation and more. Workers are contractually obligated towear proper personal protective equipment (PPE) such as hardhats, steel -toed boots, safety glasses, gloves, etc. ------- --- ----- -- -- ---- ��� RFO #19-008 City of Ocoee, (Al At Risk for Fullers Cross Road &Ocoee Apopka Road Intersection Improvements I OEIRICN CONSTRUCTION, INC. LOCATION Ocoee, FL SERVICES PROVIDED CM At -Risk SIZE OF PROJECT 3,000 linear feet CLIENT City of Ocoee Public Works Steve Krug 301 Maguire Rd Ocoee, FL 34761 Phone: (407) 905-3170 skrug@ci.ocoee.fl.us The intent of the Bluford Avenue Reconstruction project was to develop enhanced stormwater/utility capacity with a boulevard appearance, that will support Downtown Ocoee's economic growth and future high density development. Scope of work was composed of two primary components: Sewer and Western Transmission Main consolidation and the Stormwater-Streetscape improvements. Deliverables included 3,000 linear feet of water main upgrades, new gravity sewer system and approximately 3,000 linear feet of new 16" force main. Other elements included: storm drainage, concrete curbs, asphalt pavement, brick pavers, sidewalks and landscaping. WON 2019 ASSOCIATE BUILDERS & CONTRACTORS EXCELLENCE IN CONSTRUCTION EAGLE AWARD RFQ#19-008 City of Ocoee, CM At Risl<for Fullers Cross Road& Ocoee Apoplat Road Intersection Improvements I OELRICH CONSTRUCT ION INC Gainesville, FL SUBSTANTIAL COMPLETION May 2014 SIZE OF PROSECT 500 feet FINAL CONTRACT VALUE $2.4 million CLIENT Gainesville CRA Sarah Vidal 802 NW 5th Ave. #200 Gainesville, FL. 32601 Phone: (352) 393-8203 vidalsc@cityofgainesville.org �� Forming the foundation of Innovation Square, SW 9th Street is a new concrete roadway extending from the north side of SW 4th Avenue to the north side of SW 2nd Avenue, totaling a distance of 500 feet. This project consisted of a new 72" stormwater collection system, new electrical as required for street lighting, bio -retention cells, bio -retention basin, excavation of unsuitable soils as required to construct new roadway base, the City's first concrete roadway, pedestrian boardwalk and benches, gravel pave area, cast in place concrete retaining walls, silva cells for trees, and aLL-new Landscaping. In addition, we coordinated with GRU, AT&T, Cox Communications, GRUCom, and many others in order to manage installation of new utility crossings as required on the project site. AMERICAN PUBLIC WORKS ASSOCIATION 2015 FLORIDA PROJECT OF THE YEAR {`. RFO #19-008 City of Ocoee, CM At Risk for Fullers Cross Road & Ocoee Apopka Road Intersection Improvements I 0 E LR I CH CO ON RU CT ION, INC. LOCATION Gainesville, FL Lo u SUBSTANTIAL COMPLETION November 2016 SIZE OF PROJECT 3.3 miles FINAL CONTRACT VALUE $5.2 million SCOPE OF WORK CLIENT The reconstruction of NW 8th Avenue involved extensive wetlands City of Gainesville Public Works restoration and sediment control within Hogtown Creek. Sections A Phil Mann and C included removing and pouring selected sections of sidewalk, PO Box 490, Station 58 f -curbs, and driveways; installing a new pedestrian crosswalk with Pedestrian Activated Rapid Flashing Beacons; milling the roadway Gainesville, FL 32627 to various thicknesses; and applying new asphalt with new asphalt Phone: (352) 334-5070 striping. The new plan altered the existing striping pattern to remove mannpr@cityofgainesville.org some of the existing on -street parking to allow for dedicated bike Lanes traveling in both directions. The project also included widening approximately 600 linear feet to install a new turn lane at NW 31st Drive and a new pedestrian refuge median and crosswalk. (�) RFO u19-008 City of Ocoee, CM At Risk for Fullers Cross Road& Ocoee Apopka Rood Intersection Improvements I OELR I CH CONSTRUCT ION INC H LOCATION Gainesville. FL SUBSTANTIAL COMPLETION June 2019 SIZE OF PROJECT 3,200 linear feet FINAL CONTRACT VALUE $7.1 million CLIENT Gainesville CRA Sarah Vida[ 802 NW 5th Ave. #200 Gainesville, FL. 32601 Phone: (352) 393-8203 vida[sc@cityofgainesviLLe.org �� The planned South Main Street roadway improvements integrate the community's priorities into a tailored, context -sensitive design. Project scope includes undergrounding utilities between Depot Avenue and South 16th Avenue. The multi -phased project involves the construction of pavement, Lighting, drainage, sidewalks, utilities, furnishings, hardscape, and Landscape elements. This complex reconstruction project required coordination with 40 business stakeholders and 2 neighborhoods. Oelrich Construction was Limited to working within the existing 100 -foot right-of-way along the 3/a -mite corridor. The project maintenance of traffic (M.O.T) plan was designed into 5 primary phases. The roadway was never shut down during construction. ('-� RFO #19-008 City of Ocoee, CAI At Risk for Fullers Cross Road & Ocoee Apopka Rood Intersection Improvements I OELRICH CONSTRUCTION, INC. LOCATION Gainesville, FL SERVICES PROVIDED CM At -Risk SIZE OF PROJECT 26,962 square feet FINAL CONTRACT VALUE $1.8 million SCOPE OF WORK CLIENT Oelrich Construction led extensive improvements to Bo Diddley Gainesville CRA Plaza by building a new cafe space, airport style restrooms, a water wall with 250 LED light combinations, a welcoming informational Sarah Vidal -Finn kiosk, and a green room for enhanced performances. The plaza 802 NW 5th Ave. #200 improvements scope required reclaiming 2,800 square feet of traffic Gainesville, FL. 32601 lane space from University Avenue to expand the physical size of Phone: (352) 393-8203 the plaza itself. The team made sure that crosswalk stations were vidalsc@cityofgainesville.org properly modified and clear detour/navigational signage was posted. Ensuring public safety necessitated coordination with the client, FDOT, Police Department and Public Works. (r_) RFQ#19-008 City of Ocoee, CM At Risk for Rdlea Cross Road& Ocoee Apopka Road Intersection Improvements I OELR I CH CONSTRUCT ION, INC. LOCATION Gainesville, FL SERVICES PROVIDED Hybrid GC/CM At -Risk SIZE OF PROJECT 25,747 GSF SCOPE OF WORK CLIENT Founded by the family of Gatorade inventor Dr. Robert Cade, this Cade Foundation museum is devoted to fostering science, technology, art, and invention. This effort consisted of constructing a new multi -story Stephanie Baites museum on an industrial brownfield site. Located on the west side 904 South Main Street of Depot Park, the Cade Museum is a two-story (25,474 sf) structural Gainesville, FL 32601 steel building. Scope includes sitework, landscape, concrete, masonry, Phone: (352) 371-8001 steel, casework, waterproofing, roofing TPO, metal wall panels, doors and hardware, glazing, drywall, acoustical panels, tile flooring, sbailes@cademuseum.org resilient flooring, painting, specialties, signage, canopies, elevators, fire protection, plumbing, HVAC, electrical, and communications. `% RFO s19-008 City of Ocoee, CM At Risk for Fullers Cross Road& Ocoee Apopka Road Intersection Improvements I OELR I CH CONSTRUCT ION, INC. 1. STEVE KRUG Ocoee Public Works Department Public Works Director Skrug@ci.ocoee.ft.us 407-905-3170 2, PHIL MANN City of Gainesville Public Works Director mannpr@cityofgainesville.org 352-334-5070 3. EAREAA DARKHABANI Valencia College Facilities Director bdarkhaban@valenciacollege.edu 407-582-1499 4. SARAH V6DAL-FINN Gainesville CRA CRA Director vidalsc@cityofgainesville.org 352-393-8203 S. ROBERT BONR.LA Lake County Office of Parks & Trails Director rbonilla@lakecountyfL.gov 352-253-4950 ;��� RFO s19-008 City of Ocoee, CM At Riskfor Fullers Cross Road& Ocoee Apopka Road Intersection Improvements I OELR I CH CONSTRUCT ION, INC. 40 CITY t]p .r 1 NP(l �i�lrail,.iln as 1 �t To Whom It May Concern Re: Recommendation of Oelrich. Construction, Inc. Date:. J nuary 3, 2017 Public Works 405 NVar 391-1 Avenue Gainesville, FL 32603 (352):334-5070 www.citycifgainesville.org On March 5, 2015, the City solicited responses for a Request for Qualifications for Construction Management at Risk. services for the construction of NW 8'x Avenue. The project originally included approximately three miles roadway construction and selective sidewalk repairs Oelrich Construction, Inc. (OCI) was selected as the most qualified firm and the City entered into a contract based on a negotiated Guaranteed Maximum Price - At two separate instances at different stages during construction, the scope of work changed at the request of the owner. The first change included the addition of nearly $1 million worth of environmental restoration of a historic floodplain and adjacent creek systems. Derek Dykes, project manager for OCI, carefully allotted an appropriate amount of allowance for this work even when the plans were still at the conceptual stage. As plans were refined, the crafted': bid package was released to competent subcontractors and owner's savings was returned. The second change consisted of a modificationto the striping plan. Derek again prepared the impacts of this change allowing the owner to weigh the cost of the decision against other factors. Another administrative function that was well handled was incorporating utility workby highway contractor via the owners savings. The City had sanitary sewer work that needed to be performed in conjunction will) the primary scope of work. Instead of contracting this out separately, at the owner's request OCI incorporated the work into their scope saving the City incidental costs such as a second Mobilization and Traffic Control for the Utility Contractor. Inthe fie€d, Matt Marino effectively managed a wide variety of subcontractors ranging from asphalt pavers to earthwork contractors. Minor deviations from the plans were quickly resolved in the field while major decisions were promptly communicated to the appropriate party. AH were professionally documented through: anopen software system that facilitated communication across the project team. This complex project was completed on schedule with an owner's savings of nearly 10% of the total cost. l would highiy recommend OCI for any similar construction project. Thank you, Stefa n Stefan us Project Engineer IV 352-393-8406.. broadusm rm cntyofRalnesvi lleoro car P d siorr: The City of Gainesville wilt set the standard of excellence {or a too ten mid-sized American city, recognized notionally ac an innovative provider of high-cluoeety, cost-effective sere ces.. 0) RFO 1119-008 City of Ocoee, CM At Riskfor Falters Cross Road& Ocoee Apopka Road Intersection Improvements I OELRICH CONSTRUCTION INC Pg`��' ytif Gainesville Community Redevelopment Agency m January ts7, 2017 RC: Letter of Reference for delrlelt Construction, laic To Whom rt May Concern, p6aase accept this letter as a testament Lo toy support of DeJrich Constzurtion, Inr- for your project. Thirre are many reasons I can attest to thelr eaperiencc and perform or -oz and will I ghlie lit a few below. lit .^,ugust 2015 we completed a 2U+ year brownfleld rerrlerindorr, into the most radical 32 -acre stormwiter park and publir, amaniiy, our relfYnn has ever seen, "Depot park" s C+ainesvllie's "Central Pat and has become a hub of community acUvlty, family outings, birthdays,, corcerts, daily sholis and more., The park contains a football field sized playgmund, an interactive"grotto" featuring waterfalls, Jets and water cannons, picnic pavlilons, a piontcnade for event, and daily enjuviourrt, a conservations, area, open lawns, a htstaric Di t holding and general store; and will soon ltause tln 7.1,000.sf "Cade Museum for c=reativity and kwuntion"I Uehich Construction was our Uunsouctiun Manager for the development of Depot Park and is nnw building the Cade Museum. Tits was a particularly complex project as .3 remedlaleal site with a 2' cleansed rap that was reyulred to he rnui it lot tied d rd tracked. from the get -go, the construcilon team created a system for tracking the removal of dirty soil and replacement of dean =ill (and where, it all went] 1n such a succinct and methodleal way that our local Off wt Ida is and olh or sin keholders trusted lite team arad had roe plate faith in their aIt pties to manage this pinea- We can't measure how much thm assisted the project as a whole. On a project of this s12e 2nd complexity, there were many on-Nte issue, due to the unknown nature The 00rich learn never brought a problem to us without a proposed snlulinn (or twoor three). This helped its stat on echedule and problom suk'e togodtnr. The Wit (11 team were an eNtrnslon of crur project management staff and believed in the project as much as we did, truly underslandicg the "big picture' of what vm were. trying to accomplish, how special and unique the proyect vias and haw impoi tan Is '.vas for them to act m aotbassvdors for us — mat only un site but in the community -'his shared vision infiltrated ,heir work, their suhcontractor`swc rk and the end vroduct, 3 Pr I could go on as there are so rwany stories first would exemplify the excellentpartnership we had with Oelrich ConstructFon at flepnt Park. vJe've also utillaerf tneon on several other CRA projects Including single family urban @ iafll l IYornes ht our Pled sari L SU Cot ire fpfi borhood, a renovation of our downtown Bo F iddley Mira, adaptive reuse of , a decomrnis toned utilitywarehouse Into Class ,A offio space and olid e, Pl a;e feel free to contact me dhccLly with fnore spc. he tlaestfunsa[ std rr ,(,v_ra r .sire- a.cem or (3S2j 393 820.1 and i"d he happy to shire.. 8estwishes fora successful prolectfor yourcommunlyl 9; Klitd reguft}s, E &Wmia-164,1 13 tl a Sarah Vidal -Finn CRA Olrector V tk 802 NW SCh Avenue, .Suite 200, Gainesvllfe, FL 32609 • (352) 393-8200 wvaw.gainesviliecra.com \�UIaIU r="\ i IU'Av l \`°IUtC)p'��i I \ Init�Y�tlr �\l.nlUlU filO7\� i�YC3cc'A�Lh �\ Iutlrr--P j1_\�oloi(3q-A jir}�° /') RF0019-008 CRyof Ocoee, CMAt Rishfor Fullers Cross Road& Ocoee Apopho Road Intersection Improvements I OELRICH CONSTRUCTION INC PROJECT PROJECTED CONSTRUCTION PROJECT NAME CLIENT NAME COMMENCEMENT COMPLETION $ VALUE South Lake Lake County Various Phased $I8miKion Regional Park Animal Shelter Lake County January 2019 September 2019 $7noiKion Precunstrocbun LIF WAS UF IFAS October 2018 August 2019 $12miKion Field Facility Poecoostruction Lake Sumter Services for campus May 2019 August 2019 <$400'000 5tate[oKegc HVAC projects »Jx/0m9*ooCity * Ocoee, ovA'Risk for Fullers Cross xom/&Ocoee Apopka Rood mdeuusoximprovements |osLmCxCONSTRUCT ION, INC. EXECUTIVE OF CM APPROACH Our team reviewed VHB's design documents and reports to familiarize ourselves with the site's existing conditions. Successful management of the RFO#19- 008 intersection improvements project will require special care to several aspects, particularly: • Site Safety • Coordination & Communication • Timeliness • Cost Effectiveness • Quality Control r�i-lir ������rr•� This intersection is located in a rapidly growing area near SR 429, Ocoee High School, Glad Tidings Church, and residential properties. Commercial areas are projected to grow significantly over the coming years. Currently there is an Annual Average Daily Traffic (AADT) count of 9,000 to 16,600 vehicles on Fuller's Cross Road. There is an AADT count of 14,600 vehicles on Ocoee Apopka Road. A responsive Temporary Traffic Controlplanwill be a criticalsafety criterion on this project. Senior Superintendent Ethan Newport and Assistant Superintendent Cozart Lawrence are certified in the FDOT's advanced temporary traffic control. They are prepared 1,11:2111619.; An excerpt from a 2018 City of Ocoee Zoning map portraying the commercial, residential, and public use land classifications in the Fuller's Cross Rood and Ocoee Apopka Rood intersection context area. to develop a comprehensive TTC plan that protects the wellbeing of citizens, city staff, and subcontractors. PERMITTING & COORDINATION Our experience constructing similar local projects with the City of Ocoee like the Bluford Avenue Reconstruction project has prepared us to supervise a civil/infrastructure project of this size. Our management team knows the players involved and can accurately forecast the steps needed to execute the project on time. We understand that the City of Ocoee owns and maintains Fullers Cross Road, while Ocoee Apopka Road is owned and maintained by Orange County. Our team will coordinate with decision -makers within both agencies during the document review stage. We will adhere to the standards identified in the City of Ocoee's Engineering Standards Manual as well as pertinent county/ state best practices. Since the 6.93 -acre site development will require minor wetlands impacts mitigation, it will be necessary to procure permits from St. Johns River Water Management District (SJRWMD) and the U.S. Army Corps of Engineers (USACE). Our team will also coordinate with the intersection's surrounding property owners including: Daryl Carter Trust, City of Ocoee, Chevron Land & Development Co, and Crown Point Woods Homeowners Association, and Batchelor Harvey Lee. �� RFO u19-008 City of Ocoee, U9 At Risk for Fullers Cross Road &Ocoee Apopka Road Intersection Improvements I OELRICHCONSTRUCT ION, INC. SCHEDULEIMPACTS Obtaining federal/state permits, selecting finish materials (i.e. pavers & landscaping elements), coordination of utility outages for new service tie-in, and delivery of long lead items to the site (i.e. storm and sewer structures) are Long -lead items for this project. Reviewing locations of unsuitable soils and planning for possible mitigation or dewatering of excavations can be planned for early on in the project. We recognizethat this is a busy intersection that will need to remain open throughout construction. Our team will maintain north -south and east - west lanes at all times throughout the course of this project to keep traffic moving smoothly. SUBCONTRACTOR COORDINATION Our onsite superintendent is responsible for coordinating and planning the day-to-day activities and operations. A formal coordination meeting is held with all subcontractors on a weekly basis, to supplement daily communications. At this meeting, topics discussed include critical path scheduling using the Bi -Weekly Look -Ahead (BWLA) schedule, BFI's, returned submittals, work flow, and safety. The BWLA is a schedule created by the superintendent that expands on the long -line project schedule and details the specific activities occurring each day over the next two weeks. This allows both subcontractors and owner's representatives to understand who will be onsite and what they will be doing over a specific period of time. STORMWATER BEST MANAGEMENT PRACTICES (BMPS) Oelrich Construction is responsible for identifying and implementing Best Management Practices (BMPS) using our credentials as certified Stormwater Erosion & Sediment Control Inspectors. The RFOa19-008 project will require managing stormwater run-off and erosion control. The use of silt -fences and immediate stabilization of disturbed surfaces with seed & mulch or sod will reduce the possibility of rills or gullies. Our team will regularly inspect and maintain all systems. �� RFO n19-008 City of Ocoee, Ctl At Risk for Fullers Cross Road& Ocoee Apopka Road Intersection Improvements I OELR I CH CONSTRUCTION, INC. Is SURVEYING & MATERIALS TESTING OelrichCon struction is responsible for identifying and laying out the Limits of construction, horizontal and vertical elevations, and Locations of existing and new construction. This project will require careful coordination of existing and new underground utilities. In addition, setting precise points for the horizontal construction on the surface will ensure the proper placement and drainage of the asphalt pavement, sidewalks, and landscaping. At the conclusion of the project, a final survey of the project wiLL submitted with the 0&Ms. Oelrich Construction will conduct any necessary third -party that are not already performed by the engineering team. Establishing correct lime -rock bearing ratio's (LBRs) and fill material proctors will be a critical part of the preconstruction/design process. BID MARKETPLACE EFFORT If selected as the construction manager for this project, we would strive to hire 100% of the subcontracting team from the Orange County region, granted that the bids meet the City of Ocoee's objectives of cost, time, and quality. We have accessto more than 560 subcontractors around the State of Florida through our Building Connected integrated bid management system. This cloud -based platform securely centralizes bid information, stores historical cost information for future benchmarking,and hosts an up-to-date contact database. Our team utilizes this preconstruction tool for cost aggregation, performance analytics and relationship tracking. With our Leadership in the Associated Builders and Contractors (ABC) of Central Florida and the Builders Association of North Central Florida (BANCF), our team has built lasting relationships with quality subcontractors all across the region. The project will conclude with the placement of asphalt. The asphalt placement will be monitored by OCI and a third party testing agency. Standard FDOT items will be checked including spread rate, batch temperatures, rolLing straight -edge, cross -slope, and sample cores. Once completed, permanent striping will be applied, the site demobilized, and the surveyor will complete a final survey. -- --- MATCHLWE - -- SEE SHEETc2.03 OF OCCEE arvo PARCEL ID: D6-2 6-2248-WOM -056I� l P.0 3963,. ARCDIC, EL 5 _ �1 L ` ro s a¢ 0.110.9. 6180, P. sEEo.�e.lsu� n.,m •... I T09 I 4 itA iLSG L 'OCONS.OLC TAOiS CSC 4l2Ai9JViF,i. i9P n.i ;1I` I i — S I 3l 14DN.u6 - y� v IT r,xf I M �. III: 110,To, 4 --`-- - —" - - l C�wlrFai`uPss. --- / 1_ is SZd tAhf 5�_AQO➢6Jy`��^_ \ p15t,J50�C9➢ A:11'RPA➢' C012S `� •T rry vme� so�rex _ VYI DARYL M. CARTER TRUST eCEL ID: 07-22-28-OLOC-0ID 071 II CHEVRON LAND 0 R 0. 7497, 14701 PARCEL IRO ORB - i � I A!I.p\G SIIiNUACINi MVf)dfNi INOENINGI I �_' MA7CHLINE SEE SHEET C2.04 ev s OCOEE INTE0.SECTION �e%RFO 419-008 City of Ocoee, CMAt Rishfor Fullers Cross Road& Ocoee Apopka Road Intersection Improvements I OELRICH CONSTRUCTION, is Our team understands what it takes to deliver a successful intersection improvement project. We have sufficient corporate resources and capacity to complete this project on time and on budget. Project Manager Ryan Minton will serve as the City of Ocoee's primary contact for the Fullers Cross Road & Ocoee Apopka Road intersection improvements. He will be supported by six other highly qualified senior staff project engineers, assistant project managers, and superintendents who will help coordinate project delivery. Should a high volume of projects arise, our company's full personnel resources will be at Ocoee's disposal. Oelrich Construction employs 34 full-time permanent employees and 3 part-time employees. Staff include: project managers, project engineers, estimators, accountants, marketers, and field superintendents. Our corporate office is located in Jonesville, FL and our central Orlando area office is located in Winter Garden, FL. We share staff resources between locations. Markets include: Education, Government, Healthcare/Research, Parks & Recreation, Civil & Infrastructure, and Commercial. We're familiar with the compressed timeline needed to complete capital projects on tight timelines. RELATIONSHIP-DRIVENCONTRACTING We understand the time and resources required to effectively Lead civil & infrastructure projects for public sector clients. Oelrich Construction has maintained long-term continuing services contracts with several local government agencies including: ® 12 Years with the University of Florida 0- 14 years with the Alachua County School Board 10� 10 Years with the City of Gainesville & Gainesville CRA I0� 10 years with Alachua County Facilities 110� 1 year with Valencia College 11� 1 year with Lake Sumter State College • r Procore (Project Management) i� ProEst/Excel (Estimating) P� Bluebeam (2D Takeoff Estimating) D- NavisWorks (3D Takeoff Estimating) m Microsoft Project (Scheduling) Building Connected (Bid Outreach and Vendor Management) ChromeRiver (VISA Accounting) ® Vista Viewpoint (SOL Financial Database) fP- Revit (BIM Coordination) DOCUMENT We utilize Procore's leading construction project management software to maintain design documents, project scheduling, budget, and technical documents for all of our capital projects. This cloud -based platform is optimized for mobile devices like smart phones and tablets for easy access in the field and on the go. Procore was also used to ensure subcontractor adherence to schedule. Alt owner representatives have access to Procore at alt times during the project- -this means that they had daily visibility of all pending RFI's, photos, documents, scheduling, as -built drawings, progress reports, and more. (r% RFO #19-008 City of Ocoee, CM At Risk for Follers Cross Rood & Ocoee Apopko Road Intersection improvements I OELRICH CONSTRUCTION INC The most accurate system to account for project costs in the early design phases is our wealth of experience with similar systems. From neighborhood road repavement jobs to 32 -acre stormwater parks, our team has developed a reputation for delivering high-value municipal projects on time and on budget. Preparing a comprehensive Guaranteed Maximum Price (GMP) is a critical responsibility. Generally, our GMP development process follows the following steps: ► Concept Validation and Design Development: Oelrich Construction will partner with the architect/engineering team to specify a preliminary design development (DD) package for the facility. We populate the DO package using preliminary sizing provided by the design team and incorporate costing information for unknown design elements. D� Populating Baseline Pricing: We will identify the project's main systems with respect to structural elements, a finish level, and MEP systems, and begin to evaluate the overall needs with respect to the space. Once we settle on a mutual conceptual understanding with the design team and Owner, our estimating staff will price the DD package using our vast database of project cost information (based on similar facility jobs and our understanding of current market values). D- Adjusting Project Budget Using Real -Time Cost Estimating: We then validate these experience - based figures by a quantity take off analysis (e.g. HVAC tonnage/sq ft),while managing other items with an average cost per square foot analysis (e.g. asphalt, sod). We can address most aspects of the construction process in this format without extensive fabrication details. Oelrich Construction built Gainesville's iconic 13th Street Pedestrian Overpass Bridge. D- Faster design development through BIM/ Real -Time Cost Modeling: Our estimating team coordinates our budget with the architect's building information model (BIM) to rapidly interpret modifications to details like concrete quantities, assess the implications, and send a cost -update report immediately. This technical capability gives the Owner/user group the information they need to make rapid and confident design decisions based on a thorough understanding of any and all associated cost implications. D� Final Budget Estimating: As we eliminate "unknowns" about project scope and product selection,we reach consensus on the construction documents (CD's). The construction documents package respects the scope boundaries established during the DD phase but fully incorporates user group/architect/engineering/ constructibility feedback for a fully coordinated construction document. EXAMPLES OF OELRICH PROJECTS REQUIRING BIM COORDINATION It. OF Veterinary Medicine Clinical Skills Lab Addition ► OF Thomas Hall HVAC Improvements ► OF Corry Village Buildings 286 and 288 ► OF Buckman HVAC Replacement ► OF Weaver Hall Phase I Roof Replacement and Phase Interior Renovation ) RFQ s19-008 City of Ocoee, CM At Risk for Fullers Cross Road& Ocoee Apopka Rood Intersection Improvements I OELR I CH CONSTRUCT ION INC COST CONTROL Stewardship of project funds is an integral project responsibility that we take seriously. If selected as CM for Ocoee RFO #19-008, our estimating team will work closely with The City to ensure that the project budget meets all project needs. Our team can also provide detailed preconstruction services like alternate material recommendations and value engineering reviews to ensure that the project lives up to the Owner and user group's vision. slue Engineering - Client Success at City Park /hen the project documents for the 32 -acre Downtown Depot Park project reached 100% the total projected cost was around $8 million. Oelrich Construction worked with the CRA to propose alternative materials that could still achieve the community's vision for this vibrant, railroad -inspired Central park. The VE items focused on modifying the following items: pond railing design, the playground fence manufacturer, the restroom and pavilion design and finishes, and the total amount of turf. This methodical approach allowed us to shave pproximat.ety $2 million off the projected park cost and lower the GMP to million. Value Engineering - Client Success at Fraternity House Oelrich Construction was selected to provide value engineering services for an upscale new residence at the University of Florida. The original OF Pi Kappa Phi GMP came in over budget. Through careful plan review and needs analysis, Oelrich Construction brought the client a 20% cost reduction through value engineering (a $800,087 value) to bring the Pi Kappa Phi Housing Corporation's new fraternity house within budget. slue Engineering - Client Success at Elementary School Nhen Micanopy Area Cooperative Schoot hired Oelrich Construction to construct their new cafeteria/auditorium building, budget was their foremost concern. Considering that the rural charter school had to crowd -fund a portion of the project cost from parents and alumni to make ends meet, we recognized how crucial it was to build an affordable, high-quality facility for the community. Our team went through each line item with the client to identify priorities and offer sound alternative material recommendations. We successfully cut costs Ind reduced the school's Guaranteed Maximum Budget by 20 pet -cent, :ast-Tracked Scheduling - Collaboration Commons OF introduced this 26,537 square foot interior renovation project to our team in mid-January 2014 and needed completion by mid-August. No design or accompanying documents existed, creating a situation in which construction started in early March while our designers continued to work on design concepts and provided documents showing what we could go ahead and accomplish at the site. We successfully met the six month timeline by implementing this flexible, terative approach. We were able to deliver $400,000 in owner direct rchases on this $1.96 million LEED Gold building renovation. ,1�,� RFO#19-008 City of Ocoee, CM At Risk for Fullers Cross Rood& Ocoee Apopka Road Intersection Improvements I OELR I CH CONSTRUCT ION, IN C. Communication, consistency, and control are the three guiding principles we follow when managing a capital project. It is essential to provide trade subcontractors with clear and complete scopes of work on day one, so they can properly allocate resources for each project. Document/scope review and scheduling are two critical areas. We issue a custom, detailed bid manual at the beginning of the project to inform stakeholders of all requirements. Then, we host an in-person meeting and weekly field meetings to clarify questions as they arise. Oelrich Construction is very sensitive to the message that is delivered to the End Users and is diligent in determining any .potential material delivery pitfall prior to disseminating the final project schedule. Our schedules are organized into three major categories Preconstruction, Construction, and Project Closeout. This allows us to identify early any potentially long -lead items such as specialty traffic equipment or streetscape finishes. Once construction starts, the schedule is maintained with a team approach between the project manager and the project superintendent. They '•N work together to improve the daily flow of work and the overall project delivery. Schedule is the first topic of discussion at every OACM Meeting and weekly Subcontractor Coordination Meeting throughout the entire construction process. Once established, the final schedule is distributed to all concerned so that everyone involved has an understanding and expectation of coming events. This work breakdown schedule also allows us to incorporate the input of key potential subcontractors to accurately identify material Lead times and activity durations. Once the project has been bid out and the newly identified subcontractors have been brought on to the team, this schedule is then modified again to accommodate actual delivery timelines. Based in North Central Florida, we are extremely aware of the challenges of local weather patterns (especially during the summer months), and our schedules reflect the typical rainfall amounts that we will experience in the course of the year. Of course, we will make up any lost time beyond our control in order to maintain the project schedule. EXCERPTS FROM A SAMPLE BID MANUAL It is essential to clearly communicate expectations upfront. That's why we prepare a tailored project bid manual and host regular clarifying meetings and conference calls. • In addition to developing the overall milestone schedule in Microsoft Project, hosting regular OAC meetings, and updating project progress in Procore, we also prepare a Bi -Weekly Look Ahead (BWLA) schedule for the benefit of all stakeholders. The BWLA gives all the workers onsite a day-to-day milestone schedule for a two-week project period. This snapshot is taken from the milestone schedule and helps keep the on-site workers tuned in and focused to their tasks for each day. This BWLA schedule is updated every week and sent out to all the subcontractors involved on the project whether on-site or projected to be on-site soon. The project team also gets a copy which allows them to see which activities are being conducted throughout the week. Planned utility outages are projected on the Bi -Weekly Look Ahead as well. KQ RFO a19-008 City of Ocoee, CM At Risk for Fallen Cross Road& Ocoee Apopka Road Intersection Improvements I OELRICH CONSTRUCTION, INC. FIRM Oehich Construction carefully compteted this LEED Silver Food Court Addition star's Turlington Plaza - one offs most crowded plazas by density of Pedestrians and cyclists. SAFETY & FIELD MANAGEMENT Once the project breaks ground, our experienced field superintendents supervise jobsite logistics, ensuring that all materials are installed properly, all safety regulations are met, and that the overall project is completed on time. Consistent collaboration from project design through construction eliminates scope holes, solves ambiguities, optimizes resources, and ultimately results in a more successful project that achieves client needs and exceeds expectations. Oelrich Construction provides seamless service from preconstruction through construction. Field services include: coordinating materials deliveries and labor Logistics; maintaining as -built documents; scheduling subcontractors; coordinating inspections; supervising site safety; verifying material installations; supervising work quality; and more. Oelrich Construction field superintendents follow a 500+ item Quality Control Checklist. Items are based on FDOT, FDEP, ASHE and ICRA best practices. A .... haled 6uua.,$rOSTEP Safety Training .aa C.m.;...... m.. Evaluation. Process In 2017& 2018, 0elnch Construction's safety program earned Platinum recognition from the Associated Builders and Controctors'National STEP evaluation program. Oelrich Construction maintains aggressive quality control standards. It is our policyto conduct an internal company walk-through and separate punch -list priortothe Owner's substantial completion punch list date. On each project, our superintendents strive to deliver as complete of a project as possible. If any outstanding items are identified, our team calls the trade subcontractor to rectify the concern the same day. Touch- up work is scheduled as soon as possible. From start to finish, there is nothing more important than safety—for Ocoee citizens, staff, the project team, subcontractors, and any other person affected by a construction project. Weekly safety meetings, toolbox talks, and regular inspections with an eye for safety are all tools we use to help maintain this culture of safety. Your superintendent maintains a copy of our safety program and all required OSHA forms in the field. In addition, everyone on our field team has a minimum of 30 -hour certified OSHA training and we contractually require alt subcontractors to participate in our safety program. If we recognize a concern in the field, all work stops and the concern is addressed immediately. Maintaining a safejob-siteforOcoee will require front-end planning with design professionals, and user groups. This involves taking into consideration the concerns and issues that directly affect a facility's operations, including personnel's daily practices and procedures, schedules, heavy traffic times, and flow of traffic around and within a building. Public safety drives all aspects of achieving an incident -free job -site and each project presents unique challenges. Upfront coordination allows us to integrate the needs of all involved to eliminate public exposure to hazards. Working to incorporate all issues discussed during pre -planning provides a workable structure for governing job -site safety. After identifying safety concerns, we create a site utilization plan communicated with all parties involved within the project scope. !� RTO o19-008 City of Ocoee, CM At Risk for Fullers Cross Road& Ocoee Apopka Road Intersection Improvements I OEMCH CONSTRUCT ION INC "P QUALITY CONTROL IN DESIGN PHASE Industry case studies show that constructability reviews can save as much as 3 to 5 percent` of the entire construction cost by minimizing RFI's, preventing change orders in the field, and reducing the risk of conflicts between engineering/design documents. Your project manager will work with your project architect and engineer to systematically review all emerging design documents. They will pro -actively identify any inconsistencies or ambiguity in the design documents by reviewing drawings in the following order: structural elements; building envelope integrity; interior build-out/architectural details; mechanical, electrical and plumbing systems (MEP); and sitework. They will work closely with Ocoee's selected architect and engineering team to not only uncover areas of concern, but to offer viable solutions based on their years of professional experience. Yourfieldsuperintendent will partner with your project manager to produce a tailored means and methods strategy that maximizes product quality, while reducing Labor costs, optimizing scheduling/logistics, and ensuring subcontractor safety. Your field superintendent's safety review will determine required separations to keep the public out of harm's way. Using his certifications in ICRA, OSHA30, HAZWOPER, and MOT, he will identify potential hazards such as noise, dust, or other environmental concerns, creating project -specific standard operating procedures communicated to all involved prior to construction start. As part of this plan, understanding current pedestrian patterns and establishing effective Interim Life Safety Measures (ILSM) will solidify best practices for maintaining safety. Reference: *Stephen R. Pettee, "Constructability Reviews -Construction Management Association ofAmerica Southern California Chapter seminar." �eove�eidxo ix:vErnox. 220000 QUALITY CONTROL DURING CONSTRUCTION Oelrich Construction will coordinate extensively with the architect and engineer to ensure that all design specifications are met and instatled properly. Each material submittal is crosschecked by multiple parties. We understand how critical it is to verify that design review comments are fully implemented into the design documents. Prior to construction, all comments from the start of the project are reviewed to validate that the issue has been addressed or to document how the issue was modified by more recent changes. During construction, Ethan Newport will be your primary contact for ensuring the fit and finish of each roadwork component. For the Fullers Cross Road & Ocoee Apopka Road Intersection project, a sample quality assurance check would involve testing questions like: Is the sidewalk level and installed at the proper inclination for proper drainage during storm events? Does the ADA ramp meet the required slope percentage? Are the inlets correct on the stormwater and sewer? Does the installed product meet FDOT requirements and City design standards? Was the concrete properly poured and jointed to prevent cracking? QA/QC APPROACH POST -CONSTRUCTION A quality construction manager doesn't disappear after the ribbon -cutting. Oelrich Construction understands the importance of maintaining an open line of communication after project completion. During post - construction occupancy, your project manager will be responsible for coordinating with Ocoee's facilities department to maintain our firm's one year warranty on the project's guaranteed fit and finish. Our team always checks in 8 months after construction to allow ample time to inspect and review the project's condition. We will work with building commissioning agents as well as the City to schedule periodic reviews of operation and function. QUALITY CONTROL CHECKLISTS Adhering to a structured qualitycontrol program on the Fullers Cross Road and Ocoee Apopka Road Intersection Improvements project is essential. Oelrich Construction field superintendents follow a 500+ item OA/OC Checklist based on regular quality control inspections. This 100 -page resource was produced in-house, based on Lessons learned from our field and project management teams. The OA Manual divides each CSI Division down into inspections required, tasks to be performed for a successful inspection, and items listed to check for quality assurance. {?� RFO u19-008 City of Ocoee, CM At Risk for Fullers Cross Road & Ocoee Apopka Road Intersection Improvernents 1 0E LR I C FI CONSTRUCTION, INC. Exhibit 2 Soil Mop excerptfrom VHB's report on the Fullers Cross Road Intersection Improvements. CIVIL INFRASTRUCTURE PR03ECT CASE IES ll.) RFO 919-008 City of Ocoee, CM At Rishjar Fullers Cross Road& Ocoee Apopka Road Intersection Improvements I OELR I CH CONSTRUCTION INC The $9.8 million Bluford Avenue Reconstruction project consisted of reconstruction of the 0.6 -mile corridor between the Delaware Street and Silver Star Road intersections. The project solved several major infrastructural needs including: consolidation and expansion of Downtown wastewater treatment, enhanced stormwater treatment, improved safety/accessibility, and facilitation of more infill economic development. The Bluford Avenue reconstruction public roadway project involved careful coordination with residents, churches, businesses, municipal departments, and a local middle school. There are 9 businesses, 6 institutional facilities, and 18 residences located in the primary impact zone for the 15 month Bluford Avenue reconstruction project. Our team went door-to- door to each property to assist with converting each business from overhead lines to underground utility tie-ins. This was a big effort that required communicating with each individual entity, to work tie- ins around their schedule. This project involved coordinating with FOOT, Florida Department of Environmental Protection (FDEP), Duke Energy, Century Link, and AT&T. We worked with the City of Ocoee Public Works on stormwater and the City of Ocoee Utility Department on sanitary/ water. Despite scope changes and hurricane impacts throughout the course of this multi -phased effort, we still achieved our substantial completion date for the Bluford Avenue Reconstruction project. Time was of the essence on this project. Our trade subcontractors Laid down 200,000 brick pavers in Less than a month! 12 4M I .. r r.u.♦..rkM Oelrich Construction temporarily suspended construction operations and opened up the Downtown Bluford Avenue roadway to accommodate the needs of the City of Ocoee's popular annual Founder's Day Festival with 20,000 annual attendees. We opened up the entire thoroughfare again just for that day. This required temporary tie-ins, and repatching and repaving certain sections for that major weekend. We provided the egresses needed to make the street operable and fully -functional to festival vendors/guests. An important staging area for event was also one of our material laydown areas so had to clean up the property and laydown fresh mulch for vendors/event organizers. -- --- --- – — ----- �� RFO e19-008 City of Ocoee, CMAC Rislefor Fullers Cross Race& Ocoee Apoplm Rood Intersection Improvements I OELRICH CONSTRUCTION, INC. SOLVING CONFLICTS BEFORE THE OCPS SCHOOL YEAR In Fall 2018, we had to install a major force main tie-in prior to the beginning of the Orange County Public Schools' (OCPS) fall semester. Oelrich Construction worked closely with OCPS to alert them of changes to Bluford Avenue's traffic patterns. We laid out the project in four phases to minimize disruption and worked with Orange County Schools to ensure that school buses could navigate in and out of the site for their scheduled stops. Senior Superintendent Ethan Newport went door-to-door along the corridor to answer questions and let all parties know what to expect during construction. Due to the City's overloaded sewer system we could not shut down the municipal force main system for more than a few hours and only after 11pm. To overcome this challenge, we rented 6 large vacuum trucks for the surrounding City's Lift Stations in order to keep the entire downtown sewer system active. The excavation revealed a conflicting 18"+ Storm Pipe and 4" Water Main which required us to re-route the existing force main. The team came together and completed this critical connection before dawn. This major task was completed without disruption to the alt -important first day of school for Ocoee Middle School bus drivers, students, parents, and staff. Communication and pre -planning ted to a smooth construction process for the City of Ocoee. SIMILARITIES TO RFQ##1 -008: ® Completed for the City of Ocoee ® Coordination with similar AHJ (FDOT, SJRWMD, etc) ® Advanced temporary traffic control measures • Constructed in Orange County ® Roadway infrastructure project ® Extensive stakeholder coordination tr�-� RF0 a19-008 City of Ocoee, CPI At Risk for Fullers Cross Rood& Ocoee Apopka Road Intersection Improvements I OELR I CH CONSTRUCT ION, INC. WORKING WITHIN A DENISE, CONGESTED CORRIDOR South Main Street is a highly -active roadway with an average daily traffic count of 13,100 vehicles. This complex reconstruction project required coordination with 40 business stakeholders and 2 neighborhoods. Due to the complexity of overlapping road utilities and right-of-ways, our team coordinated with 13 different municipal entities over the course of the project. MULTI -PHASED PROJECT Oelrich Construction was limited to working within the existing 100 -foot right-of-way along the 3/4 -mi Le corridor. The project maintenance of traffic (M.O.T) plan was designed into 5 primary phases. The roadway was never shut down during construction. We always maintained a north- bound and south -bound lane for uninterrupted vehicular flow. CONFLICT RESOLUTION One of the most difficult aspects of the project involved constructing a new roundabout between the north and south ends of the project, while maintaining on-going traffic flows. It was particularly challenging to provide appropriate turning radiuses for 18 -wheelers and 35 -foot city buses during the roundabout construction. In addition, the new roundabout ties into a Gainesville -Hawthorne State Trail connector, which required careful monitoring of bicyclist activity. Oelrich Construction implemented an extensive road barricade and wayfinding plan to maintain access to alt businesses on the corridor. Our on-site superintendent had to continually reconfigure subcontractor/ Labor work zones within these narrow gaps between traffic and business entrances/exits. His FDOT advanced M.O.T. training prepared him for this project's safety complications. Our on-site superintendent went door-to-door to the 40 business stakeholders on the corridor to inform them of traffic pattern changes. SIMILARITIES T RFQ#19®008: • Roadway infrastructure project • Advanced temporary traffic control measures • Extensive stakeholder coordination • Coordination with similar AHJ (FDOT, SJRWMD, etc) ��� RFQ 419-008 City of Ocoee, CM At Risk for Fullers 0ross Road& Ocoee Apopka Road IntersectionImprovements I OELR I CH CONSTRUCT ION, INC. COORDINATION TEEN: This $1.8 million roadway project was completed under a continuing services contract with the City of Gainesville's Public Works Department. Oelrich Construction provided iterative cost estimates and overall project management for roadway milling, repaving, capsealing, and microsurfacing. Our team addressed numerous roadway concerns including: asphalt grading, stormwater modifications, insufficient limerock base compaction, cracked sidewalks, broken curbs, tree root damage, and vehicular wear and tear. Various roadway and stormwater improvements were completed in numerous residential areas. Oelrich Construction's field team coordinated closely with residents to schedule roadwork while maintaining driveway/ parking access during critical windows. Regular inspections to verify quality/compliance were essential—unevenly milled asphalt or insufficiently compacted limerock could disrupt stormwater flows or impact the roadway's projected lifespan. Most of the roadway improvements were completed in narrow residential areas with limited site laydown zones. COST CONTROL SPOTLIGHTO The City of Gainesville wanted to create a basin where Hogtown Creek crosses NW 8th Avenue in order to remove built-up sediment that accumulates throughout the year. Unfortunately, the design team's concept did not fall within budget limits established by the City Commission. The City's Public Works Department then asked Oelrich Construction to develop a strategy for achieving the design team's goats while keeping to the allocated budget. Preconstruction Manager Matt Marino met with the design team and various contractors onsite to discuss options for reducing maintenance costs associated with creek sedimentation buildup. Eliminating items such as shore piles and cast -in- place concrete spillways on the north creekside while focusing on reworking existing berms and natural drainage features of Loblolly Woods allowed us to achieve the City's goats. This plan enables future maintenance equipment to enter the creek bed without major setup costs and helps to preserve the site's natural beauty. Ultimately, we returned the street reconstruction to budget limits while sustaining the project's original intent. %�� RFO u19-008 City of Ocoee, CM At Risk for Fullers Cross Road& Ocoee Apopka Road Intersection Improvements I OELR I CH CONSTRUCT ION, INC. LOGISTICS SPOTLIGHT Renovating the Depot Avenue Rail -Trail pedestrian overpass into a more functional and iconic gateway feature required extensive FDOT coordination. We constructed a plaza and staircase adjacent to the overpass to establish street, sidewalk, and transit connections to link the rail -trait system to an extensive network of multimodal access points. The project involved coordination with utilities, a maintenance of traffic plan for U.S. Highway 441, a new stormwater collection system, construction of new retaining walls, and new landscaping. Complete demolition of existing walkways, utilities, curbs, retaining walls, and Landscaping was required to provide updated water service, stormwater collection system, street lighting, increased walkway width, new retaining walls, new concrete sub -base, brick pavers at walkways, and concrete driveways for residences and active businesses. All work was completed with an approved maintenance of traffic plan and the project was phased to allow all businesses, residents, pedestrians, bus passengers, and vehicle traffic to maintain activities and operations as required. We coordinated with GRU, GRUCom, AT&T, Cox Communications, and many others to manage installation of new utility crossings onsite. Because of a main communications line underground encased in a brittle asbestos material, we quickly ruled out traditional approaches and used instead a jack bore to push a 72" storm pipe underneath the old communications line. Adjusting the original plans allowed us to add scope items and work around other activities surrounding the site. Monitoring the environmental impact of construction involved dust and sediment control, especially considering the project's downtown location and proximity to Hogtown Creek and Bivens Arm Lake. �t, RFO s19-008 City of Ocoee, CM At Riskfor Fullers Cross Road&Ocoee Apopka Road Intersection Improvements I OELR I CH CONSTRUCT ION, INC /�l RFO a19-008 City of Ocoee, CAI At Risk for Fullers Cross Road& Ocoee Apopka Road Intersection Improvements I OELRI CH CONSTRUCT ION, INC.' • ' •111171 • , . r L ., ICH CONSTRUCTION INC, We would serve the City of Ocoee through our Orlando - area Winter Garden office. Our Winter Garden office is approximately 3 miles from the City of Ocoee City Hall, which is a Less than 10 minute drive. (() RFO419-008 City of Ocoee, CA1 At Risk for Fullers Cross Rood& Ocoee Apopka Rood Intersection Improvements I OELR I CH CONSTRUCT ION INC 13 Iyi it E` IUSURANCE& BONDING July 17, 2019 City of Ocoee Finance Department Attn: Vanessa Anthony, Purchasing Technician 150 N. Lakeshore Drive Ocoee, FL 34761 Phone: (407) 905-3100 x 1513, FAX number: (407) 905-3194 vanthony@ci.ocoee.fl.us RE: Oelrich Construction, Inc. Project No. RFQ #19-008, Construction Manager At Risk for Fullers Cross Road and Ocoee Apopka Road Intersection Improvements To Whom It May Concern: This is to advise you that Waldorff Insurance & Bond Ing, Inc. provides bonding for Oelrich Construction, Inc. Their Surety is Travelers Casualty and Surety Company of America, which has an A.M. Best Rating ofA++XV and is listed in the Department of the Treasury's Federal Register with an underwriting limit of $201,664,000. The home office address is One Tower Square, Hartford, CT 06183. Oelrich Construction, Inc. is a financially strong, well-managed company and it is a pleasure to recommend them to you for your consideration. They have an excellent reputation with architects/engineers, owners, subcontractors, and suppliers and are considered to be an exceptional contractor in the area. At this time, we would not anticipate a problem in providing our client a payment & performance bond for the above referenced project. They currently have the ability to apply for bonds ranging from $15,000,000 for a single project or $30,000,000 aggregately. The surety reserves the right to perform normal underwriting at thetime of any bond request, including, without limitation, prior review and approval of relevant contract documents, bond forms, and project financing. If you have any questions, please do not hesitate to contact me. Sincerely, c,,,2 a, X.,Z) Paul Locascio Agent 1110 NORTHWEST 6111 STREET GAINESVILLE, FL 32601 WWW.WAL DO R F F I N,9U RA N C E. C O M PHONE 352.374-7779 FAX 850-681-4930 RFQ#19-008 City of Ocoee, CPM At Risk for Fullers Cross Rood& Ocoee Apopka Road intersection 6nprovements I OELRICH CONSTRUCTION, INC. ''�.- 0 G 0 ("} P I ofIda BID CONFLICT OF INTFRFST DISCLOSURE FORM .The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Bidders must disclose within their Bid: 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 Bidder's firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this Bid. (Indirect ownership or benefit applies to any members of his or her immediate family.) Bidder 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, Bidder 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, Staff, and other key City employees and consultants involved in the award and administration 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 film has no potential conflict of interest for this Bid. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest for this Bid. Acknowledged by: OeLrich Construction Inc. um ame Ivan A. Oelrich, Presidenet/Princi aL ame ue rm o YPT 2019 RFQ19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 20 Improvements (1) RFO#19-008 City of Ocoee, CM At Risk for Fullers Goss Road& Ocoee Apopka Road Intersection Improvements I OEtR ICH CONSTRUCT ION, INC. AN, "The company does not tolerate the presence of illegal drugs or the illegal use of legal drugs in our workplace. The use, possession, distribution, or sale of controlled substances such as drugs or alcohol, or being under the influence of such controlled substances is strictly prohibited while on duty, while on the company's premises or worksites, or while operating the company's equipment or vehicles. The use of illegal drugs as well as the illegal use of legal drugs is a threat to us all because it promotes problems with safety, customer service, productivity, and our ability to survive and prosper as a business. If you need to take a prescription drug that affects your ability to perform your job duties, you are required to discuss possible accommodations with your supervisor. Violation of this policy will result in disciplinary action, up to and including termination. •UVETSUM "The company's policy is to provide smoke-free environments for our employees, customers, and the general public. Smoking of any kind is prohibited inside our office and on our worksites. Employees may smoke on scheduled breaks or during meat times, as tong as they do so outside the worksite or office. Employees who take excessive smoke breaks may be required to work Longer hours to make up for time lost smoking. Employees are also responsible to inform all those working on our job sites of this smoke-free policy, and report to their supervisor any violation of this policy." Prior to employment, each potential employee must undergo a drug test. The company may also require employees to take random drug tests during their employment with the company. A positive result on any such drug test is grounds for immediate termination. Your receipt of this policy statement and signature on the handbook acknowledgment form signify your agreement to comply with this policy. Any employee who is convicted of violating criminal drug statutes must notify an appropriate officer or senior official of the company of that conviction within five days of the conviction. Failure to do so may lead to disciplinary action:" �1� RFO u19-008 City of Ocoee, CM At Rislefor Fullers Cross Road& Ocoee Apopka Road Intersection Improvements I OELRICH CONSTRUCTION, INC. COMPANY INFORMATION/SIGNATURE SHEET REQ 919-008 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. Ce(rich Construction Inc. J AUTHORIZED SIGNATURE (manual) Ivan AI\7[EA. �0 (rich, Pr NEAM 27S NW 1371h Drive, Suite A J� esvil669 ,fl IE ZIP IF REMITTANCE ADDRESS IS DIFFERENT FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: FEDERAL rD # 32-0128914 Individual—_Corporation Partnership Other(Specify) Swom to and subscribed before me this dip day ot_, J to i 20j'L Personally Know"--Z__fir Produced Identification (Type of Identification) Notary Public - Stale of FL -_ Countyof AlAcInua SF¢;nTi re ofNoTety��r Na-vIa(ie ki✓1Sey Prince typedors mpe Commissioned name of Notary Public RFQ19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 21 Improvements ,/-,) RFQ #19-008 City of Ocoee, U1 At Risk for Fullers Cross Rood& Ocoee Apopka Road Intersection Improvements I OELR I CII CONSTRUCT ION INC ;��,;� RFO 419-008 City of Ocoee, CP1 At Risk for Fullers Cross Road& Ocoee Apoplm Road Intersection Improvements I OELRICH CONSTRUCTION, INC Founded by U.S. Army veteran Ivan Oelrich, our team uniquely recognizes the importance of engaging diverse personnel and vendors. Our team strives to "pay these opportunities forward" through our diversity engagement efforts. In 2016, Oelrich Construction formed a diversity coalition designed to: increase our base of pre- qualified, small, local, minority, women -led vendor participation (SWMBE) firms, strengthen relationships and development opportunities with promising firms; and better track our utilization of these firms. MEASUREMENT AND TRACKING: Set a company -wide goal of 30% local, SWMBE vendors on capital projects. Encourage project - specific goals of 15-25% participation. Regularly assess results. ACCESSIBILITY: When appropriate, split up bid packages into smaller contracts that may be more approachable for smaller vendors that may not otherwise meet the bonding requirements. VENDOR OUTREACH: Share vendor bidding opportunities on multiple platforms Host project -specific, pre-bid meetings targeted at under served vendor groups on large capital projects. Encourage eligible vendors to register as SWMBE businesses with local municipality and the State. m RELATIONSHIP -BUILDING: Seek new relationships through events like small business fairs to identify prospective partners. Mentor 2 small, rising firms through the 2019 Mentor Protege program. CULTURE/PROFESSIONAL DEVELOPMENT: Share diversity engagement success stories, support new ideas, and empower staff participation in supplier diversity conferences/ events. /(.) RFQ 419-008 City of Ocoee, CM At Riskfor Fullers Cross Road& Ocoee Apopka Road Intersection Improvements I OELR I CH CONSTRUCT ION INC -!9a There have not been any Litigation claims, bid or contract disputes filed by or against Oetrich Construction, Inc. in the past five years related to the services that Oetrich Construction Inc. provides in the regular course of business. `:� RFO#19-008 City of Ocoee, CMAt Riskfor Fullers Cross Road& Ocoee Apopla Road Intersection Improvements I OELRICH CONSTRUCTION, INC. ,r OELRICH O CU CONSTRUCTION INC. florido OELPICH CONSTRUCTION, INC. 428 S. Dillard St. Suite 103 1 Winter Garden, FL 34787 Phone: 352.745.7877 Fax: 352.745.7878 www.oetrichconstruction.com July 30, 2019 Vanessa Anthony, Purchasing Technician City of Ocoee Finance Department 150 N. Lakeshore Drive Ocoee, Florida 34761 RE: CITY OF OCOEE RFQ19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Statement of Qualifications Ms. Anthony: Gibbs & Register, Inc. (G&R) is pleased to submit the attached Statement of Qualifications (SOQ) for the subject Construction Manager at Risk (CMR) project. We have included the information requested in the RFQ documents, and some of the key factors of G&R's submission are summarized below: ➢ G&R's ultimate goal is to provide the City of Ocoee the best value possible, while delivering a quality end product for the community. ➢ Our team's focus is to achieve project completion with the least possible impact to the traveling public and neighboring residents. ➢ Recognizing the magnitude and importance of the signalization scope on the overall project, we have included a Signalization Consultant on our preconstruction staff. ➢ Communication is the key to overall project success. ➢ Partnering fosters a high level of trust between the City, Construction Manager (CM) and Engineer (VHB). ➢ G&R's approach in all dealings is to be transparent, fair and a problem solver. Our people are trained to bring solutions to the table when situations arise. 232 South Dillard Street TEL - 407 654 6133 gibbsreg.com Winter Garden, FL 34787 FAX - 407 654 6134 Vanessa Anthony, Purchasing Technician City of Ocoee Finance Department July 30, 2019 Page 2 of 2 ➢ Interested stakeholders see the project and the project risks from their own perspective. Understanding the individual perspectives allows for full stakeholder risk management to be implemented. ➢ G&R understands the nature of estimating a GMP in the CMR delivery method can often be an iterative process. ➢ Options Analyses can be used to determine the overall best solution, based on criteria such as Cost, Schedule, Traffic Impacts, etc. ➢ Safety is always paramount at G&R, and we fully intend to provide a safe working environment for all. ➢ G&R delivers projects on time. We use different types of schedules and software depending on the level of complexity (or simplicity) required to communicate the plan. ➢ G&R has the resources and bonding capacity to successfully deliver this CMR Contract. G&R has successfully worked with the City of Ocoee in the past, and we are enthusiastic to do so again. Although dated, a few City of Ocoee projects we completed include Center Street Stormwater Pond, Center Street Drainage Improvements, Bluford Avenue Pollutant Removal Structure, and Central Park Structural Improvements. We appreciate the opportunity to submit our qualifications for this CMR Project, and we look forward to the City's response. Sincerely, GIBBS & REGISTER, INC. Joel D. Covitz, P.E. President Click logo on following pages to return here to Table of Contents City of Ocoee RFQ19-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Click underlined text to go to Gibbs & Register, Inc. that section or page I Statement of Qualifications Table of Contents Cover Letter i -ii Table of Contents Section 1 — Overall Expertise of CMR 1 Copy of Applicable Licenses 7 Section 2 — Experience of Project Team 13 Section 3 — Project Approach & Understanding 24 Section 4 — Current & Projected Workload 32 Surety Letter 33 FDOT Prequal 34 Sample Certificate of Insurance 35 Section 5 — Office Location 36 Section 6 — Minority Business Enterprise 37 Section 7 — Forms Bid Conflict of Interest Disclosure Form 38 Company Information/Signature Sheet 39 Drug Free Workplace Program Statement 40 Addendum Acknowledgement 41 Summary of Litigation 42 Gibbs & Register, Inc. ii City of Ocoee Statement of Qualifications RFQ19-008 1. Overall Expertise of Gibbs & Register, Inc. (G&R) During our 29 years in business, G&R has constructed hundreds of projects similar to the intersection improvements proposed for Fullers Cross Road and Ocoee Apopka Road. Below are a few examples: The expertise of our team of professionals begins with an understanding of the Construction Manager at Risk (CMR) role during both pre -construction and construction phases. G&R's ultimate goal is to provide the City of Ocoee the best value possible, while delivering a quality end product for the community. Pa e 1 2 -Team 3 -Approach 4 -Workload 5 -Office 6 -MBE 7 -Forms SOQ — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. Durlrty my to nure of the City of Orlando, / nave been respo srhte for overseelnce Ea ou her of Clhhs ti r?eaisfer co 7.5 ruefion projects. 1nchoo''i;g sforn? water and roadway icrrprovoment.. streetscaping and goneraf Wrash'ticrfure prrof co;. Without hesitarl rn, f r✓rind recornmend Gibbs � Relo'ster to others s<ekrrrrq their c ontractiny services, f wrelcerne the npportundX. to construct anothor prolecf with rlaorr. " f n Loraine,^}', PE, fJBIA lft;visio t Parka(7or F`r. r"trcf Macat yerrre Division City of Orlando Public MfforPs Similar Projects The following projects are similar in scope to the intersection improvements proposed for Fullers Cross Road and Ocoee Apopka Road, and they meet the RFQ requirement of completion within the last five years: FDOT District 7 16, 2015 11, 2016 Construction of dual right turn lanes and a single left turn lane. New signalized intersection, signing and pavement markings. Erosion control, storm drainage pipe and structures. Fiber optic conduit and cables installed. Utility coordination, overhead & UG. Concrete sidewalk, pedestrian signalization. Traffic control for phased construction. Pa e 2 2 -Team 3 -Approach I 4 -Workload I 5 -Office 6 -MBE 7 -Forms Soo — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. 0 Orancie Cou I Start Date I December 2, 2013 1 Finish Date I January 21, 2015 Widening 2 lane roadway to 4 lanes. Earthwork, roadway base & asphalt. Environmental Erosion control, storm drainage pipe and structures. Utilities Water, sanitary sewer & forcemain replacements & coordination. Parks Decorative concrete screen wall, fencing, concrete curb & sidewalks. Other Traffic control for phased construction. "Plork#?q will, Gibbs S, Rpqistei� has beon a very q00d Pxperohoca ovpralz --ve're Very pleased with the product they obfiver ' 7ho qualify of flfc-ir wcir* has boon to -nohoA The erope has actually Pxpanded. ,'md the prolect is curYPsdlv ahoad ofschodule, /V deofipitely work if en� in the fivtuye r -ett k'larner, PE City Engiia,,ei, City of S t Pe tp each 2 -Team I 3 -Approach I 4 -Workload I 5 -Office I 6 -MBE I 7 -Forms SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. 2 -Team I 3 -Approach I 4 -Workload I 5 -Office I 6 -MBE I 7 -Forms SOQ — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. Project Name - Oran a Count Owner $5,918,957 Value Start Date Jul 25, 2016 Finish Date Se tembar 5, 2017 General Civil Construction of a multiuse trail within the Duke Energy corridor. Roadway 2 lane trailhead roadway with turnaround cul-de-sac. `., Environmental Erosion control, storm drainage pipe and structures. Utilities Overhead electric relocation. Utility adjustments and coordination. Parks Landscaping, trail amenities, architectural signage, etc. Other Signalization, signing and pavement markings. 2 -Team I 3 -Approach I 4 -Workload I 5 -Office I 6 -MBE I 7 -Forms SOQ — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. 2- IN Owner Volusia Count Value $3,125,950 Start Date October 9, 2014 Finish Date i Mav 11. 2016 Design and construction of asphalt trail. Reconstruction of Blue Spring State Park entrance road and parking area. Environmental permitting, erosion control, and storm drainage Utility coordination, overhead & UG. Landscaping, trail amenities, architectural signage & kiosks, etc. Pedestrian bridge over existing railroad right-of-way. of Titusville November 9, 2015 April 29, 2016 Design and construction of asphalt trail on the existing railroad bed. Roadway base and asphalt, pavement markings, signage, etc. Environmental permitting, erosion control, and storm drainage Utility coordination, overhead & UG. Landscaping, trail amenities. Pedestrian bridge. 4 -Workload I 5 -Office I 6 -MBE I 7 -Forms SOQ — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. 0 Client References Worlu'i-iq w1th &ibbs & PagWer was a positive Pspenrenco. Theyi'e very customer criented ft"titri an operations stansvoint. apd ffieir sokifions ate always custorner based, 7 -wyiw not n7akinq declslons withjusl fheir best interests in n7ind—its always a foam approach, ' 2 -Team Jae ori; Mills Aiarffirup C)-umman I 5 -Office I 6 -MBE I 7 -Forms SOQ — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. City of Adam 407-246-2892 adam.walosik@cityoforlando.net Orlando -City of -Walosik Tom 407-246--3751 thomas,connery@cityoforlando.net Orlando Connery 6 -range Chris 407-836-7911 chris.hedum@ocfl.net County Hedum CBG Florida Jeff 813-466-8123 Jeff.felix@Gbggb.com Builders L LC Felix City of St Brent 727-363-9264 bwarner@stpetebeach.org Pete Beach Warner Northrup Kevin 310-930-2311 kevin.mills@ngc.com Grumman Mills I Worlu'i-iq w1th &ibbs & PagWer was a positive Pspenrenco. Theyi'e very customer criented ft"titri an operations stansvoint. apd ffieir sokifions ate always custorner based, 7 -wyiw not n7akinq declslons withjusl fheir best interests in n7ind—its always a foam approach, ' 2 -Team Jae ori; Mills Aiarffirup C)-umman I 5 -Office I 6 -MBE I 7 -Forms SOQ — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. Licenses Florida General Contractor Florida Underground Utility & Excavation Contractor Florida Professional Engineer ®/ Florida Corporation in good standing RICK SCOTT, GOVERNOR *�Mr I JONATHAN ZCHEM, SECRETARY Fonda pr STATE OF FLORIDA Always verify licenses online at MyHoridal-icense.com :GULATION RD THE 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. General Contrac 2 -Team 3 -Approach 4 -Workload 5 -Office 6 -MBE 7 -Forms SOQ — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. In 0 H'cK IccoT O..N.H 19R71A I IONAiHAN ZALHEMSECAEIARY FlorKta -r STATE OF FLORIDA Always vedfy licenses oolles at MyFlorldatircHoccem .GULATION RD THE mn Do not alter this document in any form. O y This is your license. It is unlawful for anyone other than the licensee to use this document. General Contractor ( RICK SCOTT. CAw rocas JONATHAN CHEM. SECRETARY db'pr r STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE UNDERGROUND UTILITY & EXCAVATION CO HEREIN IS CERTIFIED UNDER THE Always verify licenses crane at MyFloridellcame.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 UG C 2 -Team I 3 -Approach 4 -Workload 5 -Office 6 -MBE 7 -Forms SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. " aee o�smlRco�o,�or FBPE STATE OF FLORIDA eon... BOARD OF PROFESSIONAL ENGINEERS E)(PIRATION DATE: FEBRUARY 28, 2021 A,,, verily Ilcmees online at MYFloridaUcense.mm 0 k� Do Walter this domm¢nt In any form. O, This is your license. It is unlawful for anyone other than the licensee to use this document. PE �RIIXSCOri. coVFAMOR IONAIFNN ]AOiEfA.SEUIETIfRY db r �L ry d,T STATE OF FLORIDA DEPARTN THE Always verify licenses online at MyFlo ldaUcense.mm ATION o. o Do not alter this document in any form. O� This is your license. it is unlawful for anyone other than the licensee to use this document. PE Pa e 9 2 -Team 3 -Approach 4 -Workload 5 -Office 6 -MBE 7 -Forms SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. State of Florida Department of State I certify boon the records of this office that GIBBS & REGISTER, INC. is a cmpandion orgarazed under the laws of the State of Florida, filed on September 17, 1990, effective Septonfl er 13, 1990. The document number of tabs corporal on is 502325 I further certify that said corporation lme paid all fees due dus office through December 31, 2019, that its most recent around corstAluniform business repot was filed on lenuary 30, 2019, and don its status is active. I further certify that said corporation has amt filed Articles of Dissolution. GLrn vndr whondnndrhr GrmrSea/ lone Stare ojF/arNn us, Thhovrr, ._Caplbhgtr Oe TNLHcp dry IJ—unr/5 1019 o"" Secretary ofState 2 -Team 'feevkbOFumbm a9.12Ab'ASCC 'fo enWwRbete N4ferWry@,vl[It Wefolbxfig Slgen@t -, foaowtbe Msuttlms tltW6red. Ltlps:/lservlas.wMh.orGF11N6✓CerWw1eO15tefuvMertel.me Wen[Iwnm 4 -Workload I 5 -Office I 6 -MBE SOQ — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. 4 m CIN OF WINTER GARDEN 30O WEST PUUTT STREET 'fnWtULR GARDEN, FL 34787 IU 111II} n l l;h P: 10]fi59.9111 w;i,VaVHmncagovFFt.cal 68RUE11 LOCAL BUSINESS TAX RECEIPT FOR CITY OF WINTER GARDEN Realness Nene: (cause EGISTPR INC.' 1.oca0oM1 -0aH S an.. ST Receipt No: 19PRONOII Claas: CENERpLCON"RACTOR TaoAddTTax: $00.00 H Issue Pak: A q'5fo6, 2010 Lek Parini,: $0,00 Ex➢Imv: SpfoniE6r 30, 2019 Tobi PaIJ: Sego ReM.kUnrel MUST COMPLY earn LOCAL BUSINESSTec REOUIRMENTR Commanu: 4 GM65 & REGISTER INC 2TZS DILLARo Sr LMNTER GARDEN FL 34707 BUSIUESS TAX RECEIPT MUST BE POSTED IN CONSPICUOUS PLACE AT ALL TIMES. "°PLEASE NOTE I RE TOP PORTION IS YOUR LOCAL OUSINESS TAX RECEIPT AND IS PAID THIRD SEPTEMBER 3Ufh OF NOTED YEAR ABOVE — 1. BDSIneaSTRXYear is from October 1"through September NOT. Tax fees are R-aad rafter April 1^ as a half -Year fee. 2. All new commercial business tae must be inspected by the Fire Department to meet all applicable state and city code requirements. You will be contacted to make arrangements for your inspection by the City Fire Inspector. 3. An Orange County Business Tax must be registered and paid APT ER YOU I tAVE BEEN ISSUED THE WINTER GARDEN RUSIN ESS TAX RECEIPT. They aro located in the SUDTrust Building at 200 S. Orange Ave. 1Gin Floor- Suite 1600, Orlando; FL 32001 and their office phone number is (407) 636-6650. Local 2 -Team I 3 -Approach I 4 -Workload I 5 -Office I 6 -MBE I 7 -Forms SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. ....EXPIRES 9/3012019 1904,078660 7301 LERi C£NERnI COtRR t19A9 11 Ei1PtOYEL9�50W PLS.RE530fFlCF. 190AJ 3o El/FLOYEE3; IOiAI TA% in. - FLRCVSOI1111COJOPE-OVntIi1FR PREVIJVStY IWD tWM mrntouE so.m clEcsaaecarER we Encvsol:rxc000aE-cluuprR M Ok 1.1Nr[A OARD.AROT' Fl.81 ftiO5F9 WO IT IN. W. 0094MN6911 MN 1e Ian Collector Scoytt Randdph Local BnelneSS TeX Receipt Orange County, MIR. rtnivlPu#ufs retla,.nlrN\M¢4Pfa i�.ma:wiYnsaamonm<r`i•,,ma e..'n,neaw a".a+i1�R„-N•dJPF�:>s°.i",rmn 9n=1.�.�Yins:li9v tale EXPIRES 913012019 tem 11,7946, 1601 CERT C21.�FM1.e(klTa FiaN I1 EI.IPtOYEEe�Wm eV61lCSS OFFICE S9U.W ¢, EI/PLOYE£6j Td�t, �0(PH �o 1ora.ux seum PREV OVSLY FFO $10.N ^ F£RGIISONiNFOOQ3E-OVnlll lER T. �\ �� �Q6a REGle(ERIAG ,'C��UIR� IIE DITEN3et9i ^e" Cr2I \'R7t1ER 04R(I, tI�FiC31]e Us�1Fa pNO: 69pU0 0.�Y.W,916911 P"A2U16 2 -Team ll,Y:au' IH nIfKN,:M1mvL1LN b/OURxeolC . daV`. en� aPylEe �vl�la,MM nO�W�eVn WdJJYeNM1ahni W:W!wsP aIN CnalYx�� ncUxoni.com 194 WIVoc7s%CAI Local 5 -Office I 6 -MBE I 7 -Forms SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. IVA 2. CMR Project Team — Gibbs & Register, Inc. (G&R) As your Construction Manager, G&R's responsibility is to assist the City of Ocoee and VHB's design team in their development of contract documents, confirming both constructability and efficiency. Our team will also focus on developing construction schedules and work plans to achieve project completion with the least possible impact to the traveling public and neighboring residents. Since signalization is a major and critical component of the overall project, G&R recognizes the benefit of adding Control Specialists Company to our team during the preconstruction phase. Control Specialists Company has been providing construction and installation services since 1973, and has been pre -qualified to perform work as a prime contractor or subcontractor for: ✓ Computerized Traffic Signal Systems ✓ Fiber Optic Communication Systems ✓ Highway and Interstate Signing ✓ Roadway Lighting ✓ Streetscape and Intersection Improvements ✓ Traffic Signalization ✓ Weigh -in -Motion Systems ✓ Vehicle Classification Projects ✓ Solar Powered Signals ✓ Illuminated Signing ✓ School Zone Signals ✓ Pedestrian Crosswalk Signals ✓ Video Detection Systems Project sizes range from $10,000 to $2 million. Their projects have been completed throughout Florida, Georgia, North Carolina, Maryland, and even in the British West Indies. Control Specialists Company's management team has well over 100 years of traffic engineering experience. This experience ensures their clients the finest professional installations available. 4 -Workload I 5 -Office I 6 -MBE I 7 -Forms SOQ — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. The following organizational charts present our staffing plans for both preconstruction and construction phases of the CMR Contract. PRECONSTRUCTION PHASE Signalization Consultant Preconstruction Manager General Superintendent Lead Estimator Estimators / Takeoff Executive Commttee Chief Estimator Safety Director Risk Manager 4 -Workload I 5 -Office SOQ — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. 6 -MBE I 7 -Forms CONSTRUCTION PHASE Executive Project Commttee Manager Assistant Project General Safety Manager Superintendent Director Project Superintendent G&R Key Crews Subcontractors Certified Minority Firms Pae 15 1 -Expertise 3 -Approach 4 -Workload 5 -Office 6 -MBE 7 -Forms SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. Ferguson, DBIA Construction oversight to ensure G&R 7ExecutiveTed Joel Covitz, P.E. meets all contractual requirements. John Rodriguez, DBIA For continuity, remains G&R's primary point of contact. General Eric Burt Coordinates with the team to schedule Su erintendent equipment and labor needed onsite. Assist. Project Dre Jones Supports Project Manager with Manager scheduling cost control, etc. Safety Brian Huffman Provides training and compliance for Director personnel, site inspections, etc'. Project Dennis Scowden Manages day-to-day field operations Superintendent and onsite personnel. Key To Be Determined Important part of construction team to Subcontractors achieve projectsuccess in all scopes. Certified To Be Determined Capable minority businesses utilized to Minority Firms complete the project. G&R Grade, Pipe, Concrete G&R self -performance crews, led by Crews experienced Foremen. Pae 15 1 -Expertise 3 -Approach 4 -Workload 5 -Office 6 -MBE 7 -Forms SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. G&R KEY STAFF CREDENTIALS Title Experience Education Licenses Fuson, 30 years Univ. of R.I. — GC -Florida, LA, GA Enqineerinq Courses DBIA Key Projects . Northrop Grumman — Melbourne Site Package Earth moving, storm pipe and storm structure installation, water and sewer pipe installations, parking lot construction/pavement, project coordination with multiple contractors/trades. 17,000 MH - Zero Lost Time Injuries . Semoran Blvd Improvements — Design/Build. Streetscape and pedestrian safety improvements with beautification along two miles of Semoran Blvd including brick -paver islands, landscaping, ada upgrades and hardscaping. . South Street Realignment — Roadway realignment for new Performing Arts Center including utility relocations, decorative finishes, lighting and signalization. . Cleveland Street Streetscape $10.3 million — This 5 mile project involves the reconstruction of 3 city blocks in downtown Clearwater. Extensive utility relocation and reconstruction involving 12" & 8" water lines, 4 new signalized intersections and over 3000' of drainage pipe ranging from 18" to 54". . Apopka Beauclair Canal $7.3 million — Nutrient reduction facility including specialty work, site prep, mechanical and a building. . Sarasota Rails to Trails $14.3 million — Design -Build project to convert 10.6 miles of existing railroad corridor to a multi -use trail, including 6 bridges, 13 rest stops, utilities and drainage improvements, trailhead facilities, signalization and landscaping. . CR46A Phase III Widening and Realignment $7.1 million — Project was 1.3 miles of major roadway widening and realignment with utilities, 4 new signalized intersections, landscaping, reinforced earth wall and unsuitable excavation. . 1-95 Widening, West Palm $75 million — This 4.58 mile widening of 1-95 in Palm Beach County included 4 bridge replacements, box culvert extensions, 3400' of retaining wall, 1000' of gravity wall, over 250,000 cy of excavation and 300,000 cy of embankment. The drainage portion of the project included over 250 inlets, 90 manholes and 30,000 If of pipe. . 1-4 Widening Polk County Design -Build $72 million — This design -build project was the 16 mile widening of 1-4 in Polk County. It included 4 bridge replacements, a new precast sound wall, relocation of water lines, miscellaneous stormwater structures and over a mile of concrete pavement removal and replacement. . 1-95 Daytona Widening Design -Build $17 million — This design -build project involved the 2.75 mile widening of 1-95 in Daytona Beach. An additional lane made 1-95 a 6 lane facility The project also involved two bridge widenings, over 3000' of drainage pipe and structures and close coordination with the Daytona International Speedway and DIA. 1-4 Seminole County Pedestrian Overpass Design -Build $ 3.7 million — Construction of a 435' pedestrian bridge over 1-4 in Seminole County including 1 mile of 12' wide asphalt trail, utility relocation, and concrete ramps and approaches. • SR 408 Tampa Ave Widening $ 28 million — Widening 1.2 miles of SR 408 from 4 to 6 lanes. Include in the project are 12 bridge widening, several thousand feet of retaining wall and over a mile of precast sound wall. The project had over 6000' of drainage pipe ranging in size from 15" to 60" diameter. • SR 417 Widening $24 million — Widening 3.5 miles of SR 417 from 4 to 6 lanes from University Blvd to SR 50. Additional work included widening two bridges and the construction of a new 135' span bridge over University Blvd. The project also included the conversion of the existing toll plaza, adding express lanes. 5 -Office Soo — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. 6 -MBE I 7 -Forms Name, Title Experience Education Licenses Joel Covitz, 27 years B.S. Civil Engineering, PE - Florida, LA ( UG -GA President RPI GC -NC, SC, LA, AL, MS, WV Key Projects • SR64 / Manatee Ave Improvements in Bradenton, FL — Design -Build improvements to pavement, drainage, utilities, lighting and streetscape with traffic calming in a downtown location. 1.5 miles of roadway. Value $5.5MM. • The Legacy Trail in Sarasota County, FL — Design -Build "rails -to -trails" project to convert existing railroad corridor to a multi -use trail. 10.6 miles of trail, 6 bridges, 13 rest stops, utilities and drainage, trailheads, signalsand landscaping. Value $15MM. ® Fort Frasier Trail in Lakeland & Bartow, FL — Eight miles of 12 ft wide multi- purpose pedestrian/bike trail, trailhead facility, picnic pavilions, covered bridges, , storm water ponds, fencing, signing and intersection improvements. Value $5.4MM. ® Main Street in Lakeland, FL — Realignment of Main Street around Lake Mirror. Streetscape sidewalks including brick pavers, extensive drainage improvements, retention pond, replacement of concrete weir, intensive coordination. Value $4.5MM. ® Lake Barkley Bridge in Cadiz, KY — Basket -handled steel tied arch. Steel plate girder approaches. Drilled shaft foundations in karst conditions. Value $142MM ® US 701 Great Pee Dee River in Georgetown County, SC — Design -Build project replacing three bridges in environmentally sensitive locations. Value $48MM • CSX Movable Bridges Automation & Rehab in various locations — Construction Management at Risk (CMAR) project to implement remote automation of multiple bridges from one central location and to bring bridge inventory into "state of good repair". Value $40MM Blue Water Bridge Rehab in Port Huron, MI — Construction Management at Risk (CMAR) project replace truss bridge anchor span link arm and pins. Extensive engineering and temporary works related to fracture critical members. Value $4MM • Southern Boulevard at 1-95 Bridges in West Palm Beach, FL — Two bridges constructed in phased construction over the interstate, three VECP's implemented at $3 million total savings. Drilled shafts, including Statnamic testing. Multiple sheet pile walls for phased construction and bridge retrofit. Value $34MM ® Southern Boulevard at Military Trail in West Palm Beach, FL — Two major bridges and three minor bridge replacements, MSE walls, and concrete sheet pile bulkhead VECP, Value $48MM. • SR836 Toll Plaza Reconstruction & Roadway Improvements in Miami, FL — Five bridges, two plazas and highway constructed in complex phases. Value $30MM. ® Page Avenue Bridge over the Missouri River in St Louis, MO — Twin steel tied arch main spans, plate girder and prestressed girder approaches, float -in of 600 ft main spans. Value $80MM. Bayou Chico Bridge in Pensacola, FL — High level bridge, Statnamic test pile program, Mass Concrete, and Roadway Construction of approaches. Value $35MM. ® Bascule Bridge Rehabilitations — Numerous projects and locations along the east and west coasts of Florida. Replacements of hydraulic, mechanical, control and electrical systems. Replacement of structural steel, deck grating, fenders, etc. 4 -Workload SOQ — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. 6 -MBE I 7 -Forms Name, Title Experience Education Licenses hn Rodriguez, , 20 years B.S. Construction GC Florida' ce:President Mamt. Univ. of N, Florida UG -Florida 'I ' Key Projects Burnt Store Road ($19 million) — 2.62 miles of roadway reconstruction 2 lane to 4 lane, pond construction, utility improvements, drainage & lighting. • Semoran Blvd Improvements — Design -Build. Streetscape and pedestrian safety improvements with beautification along two miles of Semoran Blvd including brick - paver islands, landscaping, ada upgrades and hardscaping. This contract was complete with the Design/Build delivery method. • Church Street Streetscape East Phase ($12.3 Million) Total roadway and utility reconstruction with decorative streetscape finishes including, storm drainage, utilities, electrical duct bank system, faux bridge, picture -frame sidewalk, lighting and signalization. • South Street Realignment. Roadway realignment for new Performing Arts Center including utility relocations, decorative finishes, lighting and signalization. • N. Perimeter Road, Louis Armstrong International Airport ($3.2 Million) - Extension of the Perimeter Rd. around a portion of Louis Armstrong International Airport. This project included grading, unsuitable material removal, grading, subgrade construction, coordination with Airfield Operations/FAA to complete the perimeter road construction. • CR46A Phase III Widening and Realignment — Project was 1.3 miles of major roadway widening and realignment with utilities, 4 new signalized intersections, landscaping, reinforced earthwall and unsuitable excavation. • Windermere Main Street Streetscape — Main Street Improvements, including underground utilities, concrete pavement drainage structures, pipe, decorative pedestrian and vehicular pavers, landscape & irrigation, site furnishings, Windermere, Florida • US 441/Park Avenue Intersection Improvements - Modification of US 441 and Park Avenue. The project consisted of the expansion of the roadway and installation of decorative sidewalk. Coordination of construction, utility relocation and maintenance of traffic in the FDOT right-of-way, City of Apopka, Florida • Downtown Redevelopment Phase II — Modification of several streets located within the City of Apopka, FL. This project is Phase 11 of the Intersection Improvements described above. The project includes the installation of decorative sidewalk and construction of several roadways and parking lots • Seminole Wekiva Trail — Nature trail consisting of eight miles of multi-purpose pedestrian/bike trail, lake overlook piers, Keystone architectural retaining wall, information kiosks and pedestrian safety signalization • West Orange Trail — Phase III — Trailhead park with 3 buildings, landscaping, hardscaping and 5 miles of 14 ft wide multi-purpose pedestrian/bike trail. The trail included a 400 ft. long wooden bridge several thousand square feet of Keystone architectural retaining wall, Apopka, Orange County, FL 4 -Workload I 5 -Office SOQ — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. 6 -MBE I 7 -Forms Name. Title Experience za years 0.0 rt. i Education Key Projects ® Burnt Store Road — Construct roadway widening from two lanes to four lanes with median within rural section of Burnt Store Rd. in Charlotte County, Florida. Work included clearing, grading, embankment, earthwork, utilities, storm drainage and lighting improvements. ($19 Million). ® Church Street Streetscape East Phase — Total roadway and utility reconstruction with decorative Streetscape finishes including, storm drainage, utilities, electrical duct bank system, faux bridge, picture -frame sidewalk, lighting and signalization. ($12.3 Million). • South Street Realignment. Roadway realignment with decorative streetscape finishes for new Performing Arts Center including utilities, storm drainage, decorative finishes, lighting and signalization. ($1.5 Million) ® Orlando International Airport BP -235. Constructed taxiways, runway extensions, and roadways. ($12 Million) ® Bonnie Brook Pump Station & Pond Improvements: Stormwater pond reconstruction, including utility relocations, storm drainage improvements, instrumentation, pump replacement and structural concrete. • Orange County Convention Center Expansion. Clearing, de -mucking, rough grading, pipework, pond liner, final dressing, parking lots and highways. ($35 Million) • Taxiway Apron Leesburg Airport: Taxiway reconstruction, electrical lighting, signage and earthwork for taxiway construction (2 Million). • Runway Extension Inverness Airport: Runway reconstruction, electrical lighting, signage and earthwork for runway construction (2 Million). • FDOT Baseline Road SR464 to SR40: Construct roadway widening including clearing, grading, embankment, earthwork, utilities, storm drainage and lighting improvements. (25 Million) ® Cocoa Landfill Cell 10 Closure. Grading, installing liner, leachate system, and final dressing. ($4 Million) ® I-951SR528 Intersection Improvements. Constructed 2 bridges, 4 loop ramps, 4 slip ramps, 2 miles 4 lane on 1-95 and SR528. ($11 Million) Key Training Work Zone Traffic Control Supervisor -The American Traffic Safety Services Association ® Trench Safety Certification • 30 -Hour OSHA Safety Training 4 -Workload I 5 -Office SOQ — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. 6 -MBE I 7 -Forms Name, Title Education Licenses Matt Karash, 21 years ; ,B.S. Civil Engineering, UCF PE -Florida Chief Estimator Key Projects C $94.7 Million Disney Animal Kingdom, Site Development, Lake Buena Vista, FL This 570 acre site development project is Disney World's largest theme park. The project included 2.4 million yards of excavation and 3 miliion cubic yards of embankment fill to construct berms, roads, lakes and a man-made river. The project included 320,000 lineal feet of pipe installation -- nearly all of it below the water table. More than 100,000 LF of storm drain piping ranging in size from 90" to 12" diameter, installed to depths of up to 28 feet deep. The river construction contains 4,800 LF of concrete retaining walls, 500 CY of shotcrete slope protection, and 5 themed bridges. The project required 16,000 CY of concrete. The project also included 46,500 LF of concrete encased electrical and communication duct bank. ® $6.1 Million Disney Animal Kingdom, Asia Area Development, Lake Buena Vista, FL — This project consisted of building a 40' tall "mountain" for the future water ride. We constructed the concrete reservoir and main piping for the water distribution for the ride, along with other concrete structures for animal containment and a pedestrian bridge. < $616,000 Disney Animal Kingdom, Character Grove, Lake Buena Vista, FL — Site development package consisting of 2,600 LF of storm drainage piping, 1,150 LF of chilled water piping, 600 LF of sanitary sewer piping, 500 LF of communication ductbank, 400 LF of electrical ductbank, backfilling an existing pond (11,500 CY), building pad preparation, and site grading. ® $5.8 Million Conserv I Sewer Improvements, City of Orlando, Orlando, FL — This project consisted of upgrading the existing wastewater collection and transmission facilities based on future planned growth. This project consisted 8,600 lineal feet of 20" and 24" diameter gravity sewer, 21,000 LF of 24" diameter sanitary force main, 30,000 LF of 16" diameter reclaimed water main, and an architectural pump station. Directional drilling and jack and bore casing were utilized to cross the existing railroad tracks and streams. ® $12.7 Million I-4/CR 46A Interchange, FDOT, Lake Mary, FL - Construction of a 1.5 - mile roadway/bridge interchange at 1-4/CR 46A and was constructed without interruption to the daily traffic patterns on 1-4. The project consisted of 500,000 CY of excavation, demolition and replacement of an existing bridge. ® $17 Million FDOT SR 436 Expansion, FDOT, Altamonte Springs, FL - This five - phase project includes the widening of 2.31 miles of four -lane highway to six lanes. Major quantities include 150,000 CY of excavation, 42,000 LF of storm pipe, 23,000 LF water pipeline and 7,000 LF sanitary sewer line. The project also includes the extension of a box culvert in an ecological sensitive area. ® $25 Million Florida Power & Light Sanford Civil Package, Florida Power & Light, Sanford, FL - This project involves construction of structural foundations and walls for two new Power Blocks, which will house eight combustion turbines, eight heat recovery steam generators, and associated balance -of -plant equipment. The project has approximately 26,000 CY of concrete to be placed in a period of 10 months. This project was the 2001 recipient of the OSHA VPP Star Award. 4 -Workload I 5 -Office I 6 -MBE I 7 -Forms SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. Name, Title Experience Education an 14 B. for Licenses OT 1 UJHA uertmea I ralner Key Projects • Northrop Grumman — Melbourne Site Package Earth moving, storm pipe and storm structure installation, water and sewer pipe installations, parking lot construction/pavement, project coordination with multiple contractors/trades, 17,000 Man Hours worked -Zero Lost Time Injuries • Spring to Spring Trail (Design Build) Asphalt pedestrian trail including prefabricatec pedestrian bridge, columns, concrete ramp ways and minor drainage, Orange City, FL • GOAA — Multiple Projects: Heintzelman Blvd SW; H-296 Stormwater System Improvements, Inlet Grate Replacements, Maintenance of Traffic South Park Place Sealcoating and Line Striping; H291, Maintenance of Traffic, Landside A and B Commercial Lane Improvements; H293, Concrete Placement, Maintenance of Traffic, Recoating of Terminal B Exit Bridges; H278, Maintenance of Traffic, Fall Protection • SR5(US1) FDOT Palm Beach County Reconstruction of roadway, driveway improvements, storm pipe and storm structure installation, sodding, signage and signalization, and sidewalk, Palm Beach County, FL. • Valencia College Lane Widening of street including utilities, concrete pavers, drainage structures, pipe, decorative pedestrian and vehicular pavers, landscaping, irrigation and site furnishings, Orange County, FL. • SR585 Streetscape FDOT Hillsborough County Streetscape including landscaping, irrigation, curbing, sidewalks, brick paving, signalization, drainage, electrical and lighting improvements, Tampa FL. • Manatee Rd & Osceola Rd Improvements Storm water and watermain improvements and installation of new curb and gutter with pavement overlay, Bellaire, FL. Key Training • OSHA Course #510 — Georgia Tech Research Institute • OSHA Course #500 — USF Training Institute • Authorized OSHA 10 and 30 Hour Construction Outreach Trainer • Florida Advanced Work Zone Traffic Control - The American Traffic Safety Services Association • Safety in Excavation Course - Trench Shoring Services • OSHA Certified Trainer • Competent Person • Qualified Stormwater Management Inspector Pa e 21 1 -Expertise 3 -Approach 4 -Workload 5 -Office 6 -MBE 7 -Forms SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. Traffic Engineering and Management, LLC dba / Control Specialists Construction, Service and Maintenance TONY ZIRPOLI EDUCATIONAL/PROFESSIONAL QUALIFICATIONS Pasadena City College - AA and AS in Applied Sciences, 2003 Pasadena City College - Drafting Certification IMSA Fiber Optics for Traffic Systems, Level I Dept of Environmental Protection Stormwater Management Inspector PROFESSIONAL EXPERIENCE Traffic Engineering and Management, LLC (08/21/2018—Present) Senior Estimator -Complete Project Estimating involving acquiring plans, plan review and analysis, take- offs, material requests, communicating with other contractors, bid preparation, distribution and following up on results. -Project Management Support involving preparation of project submittals and purchase orders, material verification and research for specialty items. -Contracts Administration Support involving contract review and negotiation of terms -Technical Design Review for Design -Build projects involving communication with the Engineer of Record and reviewing plans before and after a bid for constructability and appropriate design approach. PowerCore, Inc (formerly PAH Constructors, Inc) (02/24/2003-08/16/2018) Chief Estimator and Project Support -Complete Project Estimating involving acquiring plans, plan review and analysis, take- offs, material requests, communicating with other contractors, bid preparation, distribution and following up on results. -Office Technical Support involving workstation setup, networking, software installation, database creation and programming and refining electronic documentation. -Project Management Support involving preparation of project submittals and purchase orders, material verification and research for specialty items. -Technical Design Review for Design -Build projects involving communication with the Engineer of Record and reviewing plans before and after a bid for constructability and appropriate design approach. -Field Technical Support involving fiber optic terminations and testing, setup and troubleshooting of communications networks and intelligent transportation system equipment. 707 Nicolet Avenue - Suite INA - Winter Park, FL 32789 - Ph: (407) 628-1965, Fax: (407)628-1932 http:\\"V,Controlspeciatists.coni 5 -Office I 6 -MBE I 7 -Forms SOQ — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. PROJECT HISTORY 1) Arterial DMS Sign System — FDOT Design Build Contract— US 17 in Orange Park, FL Dates: October 2010 —July 2011 Owner: FDOT District 2 Scope of work included: Design, installation, testing and integration of four (4) Arterial DMS signs (Daktronics), 11 CCN cameras and fiber optic infrastructure. Connection was made to the Town's Sherriff Station, the Clay County TMC, the Duval / Jasksonville TMC and the FDOT District 2 Offices. 2) 1-95 Widening in South Brevard County— FDOT Design Build Contract Dates: February 2014- March 2015 Owner: FDOT District Scope of work included: Installation, testing and integration of 9 CCN Cameras, 14 Microwave Vehicle Detectors, an ITS Master Hub and over 8 miles of fiber optic cable. Personally performed the calibration testing for the Microwave Vehicle Detectors. 3) US 92 (International Speedway Blvd) Adaptive Traffic System in Volusia County— FDOT Contract Dates: November 2015 -July 2016 Owner: FOOT District 5 Scope of work included: Installation, testing and integration of Adaptive Traffic Control at 16 intersections along the US 92 corridor in Daytona Beach including video vehicle detection with adaptive timing intercept and upgrades and additions to the fiber optic network. 4) SR 50 Widening in Orange Count — FDOT Contract Dates: January 2015 -July 2017 Owner: FDOT District 5 Scope of work included: Installation, testing and integration of new fiber optic backbone from Dean Rd to Avalon Park Blvd on SR 50 in Orlando. Rebuild the signalized intersections with new traffic signals on mast arms and on span wire, replacing controller cabinets, installing video detention and CCN cameras. Maintaining the existing communication and signalization infrastructures was critical throughout the project. 4 -Workload 1 5 -Office I 6 -MBE I 7 -Forms SOQ — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. 3. Project Approach & Understanding PRECONSTRUCTION SERVICES G&R will perform CMR services in the most expeditious and economical manner, consistent with the interests of the City of Ocoee. G&R understands the City's focus of providing the best value to its citizens. We are committed to working with all stakeholders to minimize or eliminate any negative impacts during the performance of the CMR Contract. Our management approach will utilize a Preconstruction Manager (John Rodriguez, DBIA), as a single point of contact for communication with the City. For continuity, John will also serve as the Project Manager for the construction phase, maintaining the role as our primary point of contact. The benefit of this approach will be a cost savings to the City through efficiently managing the construction management process while offering knowledgeable advice and service from a person experienced in projects of similar scope and complexity. Communication is key to the overall project success, and G&R believes that partnering plays a role in project communication. On projects with partnering, an issue resolution chart can be developed and deadlines established for personnel to resolve issues at the lowest possible level within the agreed upon timeframe. Personnel at each level of the organization are encouraged to speak honestly and this fosters a high level of trust between the City of Ocoee, G&R, and VHB. Below is a depiction of the basic CMR relationship. The solid lines represent a contractual relationship, 14-1 while the dashed lines represent communication collaboration and trust. 24 4 -Workload R,kl/ OU )(1(1 ° e .Q /QGIBBS ° &REGISTER ®®®®°°°a°°°° -®h , SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. 7 -Forms COORDINATION G&R's approach in all dealings is to be transparent, fair and a problem solver. Our people are trained to bring solutions to the table when situations arise. Our approach to coordination is no different. At G&R, we understand that complete coordination is critical to overcoming the typical challenges of design and construction. We have learned over the years that every stakeholder sees the project and the project risks from their own perspective. While G&R may consider dewatering for the box culvert extension a considerable project risk, it is of little concern for most of the other project stakeholders. Similarly, local residents of the Crown Point Woods Subdivision may consider traffic backups as a major project risk. While many other stakeholders may agree, this may not be a concern for the environmental permitting agencies. Through communication with all project stakeholders, G&R will first understand the project risks, viewed from each different perspective. Mitigation options for each risk can then be discussed and documented. As a result, full stakeholder risk management can be implemented by G&R, providing a known course of action to be taken when a situation arises. 1 -Expertise I 2 -Team 4 -Workload I 5 -Office I 6 -MBE I 7 -Forms SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. DESIGN INFLUENCE One of the benefits of the CMR project delivery method is that the Owner retains full control of design and oversight of construction. The G&R Team will organize and communicate with key project personnel as necessary to complete the work tasks during the Preconstruction Phase. We will utilize decades of experience to provide valuable feedback on a range of topics from construction means and methods to long term maintenance. Key personnel will be available for site visits to review specific project conditions, as well as for meetings with the City, VHB and other stakeholders. As noted in the previous section, we will also retain the services of a signalization consultant, recognizing the magnitude and importance of this scope on the overall project. ESTIMATING THE GMP G&R understands the nature of estimating a GMP in the CMR delivery method can often be an iterative process. We are fully capable of providing several rounds of cost estimates leading up to the Guaranteed Maximum Price (GMP). Our experience working with private clients has trained us to be patient during several rounds of pricing and scope modifications. Another benefit of the relationship built between Owner, Engineer and Construction Manager, is the opportunity to consider different solutions during the preconstruction phase. Options Analyses can be used to determine the overall best solution, based on criteria such as Cost, Schedule, Traffic Impacts, etc. Often overlooked, local market conditions can play a vital role in the GMP development. As a result of our 29 years of experience in the Orange County area, G&R understands the volatility of certain construction materials. Additionally, our industry relationships provide us with the knowledge of current major projects that draw upon local resources. 6 -MBE I 7 -Forms SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. G&R prefers to self -perform as much work as possible to maintain control of the project schedule. Self -performance also allows G&R to be flexible and to react well to changes. However, we recognize that we do not have the expertise to self -perform certain scopes, and we may not always be the most economical, so we do not shy away from utilizing qualified subcontractors. INNOVATIVE CONTRACTING In addition to consistently finding solutions to design and construction challenges, G&R's estimating toolbox includes innovative methods that often create a win-win situation for several stakeholders at the same time. Examples are described in the following table: J e equal or better solutions to the +original 'design. Most construction contracts include a liquidated damages (disincentive) clause for finishing later than anticipated. However, the use of an Incentive can dramatically reduce the overall project schedule or a particular portion of the schedule that negatively impacts project stakeholders. For example, construction of an activity may take three months of lane closures and traffic backups, but a detour allowing the same activity to be completed in just a few days could be very desirable to many stakeholders. CMR Contractstypically include a project contingency (or multiple contingencies tied to specific items of work) where the value of the work or the risk associated with the work cannot be reasonably calculated at the time the GMP is finalized. A with unknown costs and nsKs. However, the UNI is nlgnly motivated reduce added costs, since the CM shares in and receives a certain' percentage of any unused contingency. The City saves the remainder of the unused contingency. Specialty work items and/or materials whose costs are subject to change often are excellent opportunities for the use of Allowances. For example, a landscaping allowance is often the best mechanism to maximize the Owner's budget, since prices and availability of specific plants can vary dramatically from season to season. 27 6 -MBE I 7 -Forms Soo — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. CONSTRUCTION SERVICES SAFETY G&R takes a comprehensive approach to project safety. On every project, we institute our company- wide policies with success measured on a goal of no recordable injuries. Accident prevention is founded on sound planning and enforcement of the comprehensive safety program. Safety is always paramount at G&R, and we fully intend to provide a safe working environment for all. We conduct pre-employment drug testing as a condition of employment. The test is performed as part of new worker orientation, at random intervals throughout the duration of the project, and in the event of an incident/accident. G&R will initiate, maintain, and supervise all safety programs specific to the work being performed. At a minimum, we will hold weekly toolbox safety meetings with all personnel on site. At these meetings, general policies and procedures are regularly discussed, along with site specific hazards and the work at hand. CONSTRUCTION MANAGEMENT The project team will be on site full-time as required to supervise and manage the work. G&R has the ability to scale the size of our project team depending on the size and complexity of the project. Typical personnel assigned to a project include Project Managers, Assistant Project Managers, Superintendents and Foremen. Most accounting and administrative functions will be managed from G&R's Winter Garden office, located just a few miles from City Hall and the project site. 1 -Expertise I 2 -Team 4 -Workload I 5 -Office I 6 -MBE I 7 -Forms SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. DETAILS Recognizing the important details of means and methods is critical for a Construction Manager. When minor items are overlooked in the planning stage, they can create major issues for the project. G&R will be proactive by developing work plans that address the important details. PROJECT SCOPE Based on the preliminary plans, we understand the general project scope may include the following: Roadway Widening (Asphalt Base) Box Culvert Extension Signalization Replacement Fencing Signing & Pavement Marking Landscaping 1 -Expertise I 2 -Team Milling & Resurfacing Drainage Pipe & Structures & Underdrain Guardrail Sidewalk Utility Coordination Maintenance of Traffic Control 4 -Workload I 5 -Office SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. 6 -MBE I 7 -Forms Utility All utilities may not be relocatable prior to construction. Relocation of i Relocation some utilities may require other preceding construction activities. During Scheduling, coordination and constant communication as the work plan Construction is finalized 'ibe stressed. Phased _must While detours are not a first choice for Owners and Stakeholders, Construction detailing the benefits of a detour over phased construction could outline vs. Detours a win-win scenario. Temporary Most traffic control plans include a note allowing minor field adjustments Signalization to improve safety and traffic flow. Temporary signalization adjustments Adjustments are equally, if not more, important because they control the intersection. r Temporary Overlooked, especially in phased construction, is the benefit of pre - Drainage planning with temporary drainage to prevent ponding in travel lanes. Unsuitable Uncovering unsuitable materials can stop aproject in its tracks. Having Materials a Ian in lace to address certain situationslis a sound investment. PROJECT SCOPE Based on the preliminary plans, we understand the general project scope may include the following: Roadway Widening (Asphalt Base) Box Culvert Extension Signalization Replacement Fencing Signing & Pavement Marking Landscaping 1 -Expertise I 2 -Team Milling & Resurfacing Drainage Pipe & Structures & Underdrain Guardrail Sidewalk Utility Coordination Maintenance of Traffic Control 4 -Workload I 5 -Office SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. 6 -MBE I 7 -Forms SCHEDULING G&R delivers projects on time. We use different types of schedules and software depending on the level of complexity (or simplicity) required to communicate the plan. Master Project Schedule — Primavera P6 ® A preliminary schedule will be developed during the preconstruction phase and updated along with the design plans and the GMP. ® Subcontractor schedules will be integrated into the Master schedule. ® A final schedule will be identified as the baseline, to be used for progress comparisons during construction. ® The use of Milestones compared to actual dates provides the opportunity to quickly check the "health" of the project schedule. ® Monthly updates will be provided during the Construction Phase. Look Ahead Schedules — Excel ® The project team will provide weekly look ahead C1000 NOTICETO PROCEED C1B20 PRE -CONSTRUCTION MEEIN C1100 =>MILESTONE RAC ROAD BRIE C1190 —'> MILESTONE BOX CULVERTC C1160 => MILESTONE CON-LETION OF C11i0' _> MILESTONE: RAC ROAD BRIE C1170 -'> MILESTONE: OUC PRIMARY P C1030 »>SUBSTANTIALCOMPLETION - C 1040 :'.. >:» SUBSTANTIAL COMPLETION - C1050 >.>SUBSTANTIALCOMPLETION- C1060 — FINAL COMPLETION C10A0 '. FIJALPUNCHUST$ CLOSEOUT EXAMPLE P6 SCHEDULE MILESTONES vmAs o e EXAMPLE LOOK AHEAD SCHEDULE schedules, typically including three or four weeks into the future. ® A deeper level of breakdown of schedule activities facilitates coordination and planning for field operations. For example, the Look Ahead Schedule may include specific material delivery dates/times, QC testing required, and/or contingency work in case of inclement weather. ® The Look Ahead Schedule is simple, yet effective for communicating the immediate plan. erose 2 -Team Page 30 ' 4 -Workload 5 -Office 6 -MBE 7-Forrr Soo — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. Completion Schedule — Excel or Other ® When practical during the Construction Phase, G&R will generate a realistic schedule to complete the remaining portions of the project. ® The Completion Schedule is less detailed and more of a "big picture" of outstanding items. When only a few punchlist items remain, the Completion Schedule will become more detailed. CONTRACT ITEMS G&R is prepared to deliver the Project Management Information System (PMIS) as outlined in the project documents. The PMIS is basically a monthly status report that includes narratives, schedule updates, cost summaries, contingency status, work remaining, open issues & action items. Additionally, our team is familiar with submission of the typical project requirements, such as work plans, an independent testing lab, shop drawings, and documentation for substantial completion, final completion, closeout and warranties. 1 -Expertise 1 2- 4 -Workload I 5 -Office SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. 4. Current & Projected Workload Project Task 704 Lockheed Wallace Road Shingle Creek Trail JetBlue Orlando Blind Pass Road Henry Canal E7M00 Pass A Grill Way UCF Library Phase 1A NG Melbourne Rliont Cnntract VnhIP_ Start Date Finish Date % COmnlete Jacobs $549,950.00 12/03/2018 09/30/2019 65% Orange $1,301,327.00 08/05/2019 03/21/2020 2% Count City of $6,335,103.00 02/18/2019 02/21/2020 40% Orlando r Turner $5,316,768.00 04/12/2019 03/11/2020 16% Construction City of St $9,227,877.38 10/10/2018 5/15/2020 53% Pete Beach FDOT $4,024,176.56 10/16/2018 08/20/2019 82% City of St $11;860,368:09 01/02/2018 08/31/2019 92% Pete Beach Turner $2,651,904.00 05/09/2018 12/31/2019 25% Construction Northrop $5;200,000:00 06/04/2019 11/14/2019 Grumman' 2 -Team 5 -Office I 6 -MBE SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. ]uly 18, 2019 The City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 RE: Gibbs & Register, Inc. Project: RFQ #19-008 Construction Manger at Risk for Fuller Cross and Ocoee Apopka Road Intersection Improvements To Whom It May Concern: This is to advise you that Waldorff Insurance & Bonding, Inc, provides bonding for Gibbs & Register, Inc. Their Surety is Great American Insurance Company, which has an A.M. Best Rating of A+ XV and Is listed in the Department of the Treasury's Federal Register with an underwriting limit of $164,046,000. The home office address Is 301 E. Fourth Street, Cincinnati, OH 45202. Gibbs & Register, Inc. is a financially strong, well-managed company and it is a pleasure to recommend them to you for your consideration. They have an excellent reputation with architectsfengineers, owners, subcontractors, and suppliers and are considered to be an exceptional contractor In the area. At this time, we would not anticipate a problem In providing our client a payment & performance bond, compliant with Florida Statute 255.05, for the above referenced project. They currently have the ability to apply for bonds ranging from $45,000,000 for a single project or $125,000,000 aggregately. Their estimated unencumbered bonding capacity as to today's date is $105,592,112. The surety reserves the right to perform normal underwriting at the time of any bond request, Including, without limitation, prior review and approval of relevant contract documents, bond forms, and project financing. If you have any questions, please do not hesitate to contact me. Sincerely, Benjamin French Vice -President 5\— Trusfed �jSC#Ece' 1110 NORTHWEST 61^ STREET PHONE 352-374.7779 GAINESVILLE, FL 32601 FAX 850-681-4930 WWW.W AL00RFFIN5URANOE.c0M 2 -Team I 3 -Approach 5 -Office I 6 -MBE SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. 7 -Forms F D g7T Florida Department of Transportation ROA Dlrs Kr15 605 Sunannee Street l6tl)NJ. THIRAULT,P.E. GOVERNOR Tallahassee, FL 32399-0450 SECRETARY March 22, 2019 GIBBS 6 REGIS9=Eli, INC. 232 S. DIL-BARD STREET WINTER CAR3EN, FLORIDA 34767 RE: CERTIFICATE OF QUALSFICATION Dear Sir/Madam: She Departzent of TraftSportation ?las gvali=ied your company for the type of work indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 5/30/2020. However, the new application is due 4/30/2020. In accordance with S.337.14 (1) F -S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements. if your company's maximum capacity has bean revised, you can access it by logging into the Contractor Prequali£ication Application System via the following link: HTTPS-//fd twpl d t state £1 us/ContractorPreQualification/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. MOT APPROVED WORK CLASSES: DRAINAGE, FENCING, FLFX1Bhs PAVING, GRADING, GRASSTNG, SEEDING ANO SODING, HOT PLANT- MIX6'D B1'1'ULL COURSES, 1DESPMEOiATE BRIDGES, MINOR BRIDGES, R&R MINOR BRIDGES, SIDEWALK, CURBS, DRIVUWAYS, AND UNDERGROUND CTILITIES. You may apply for a Revised Certificate of Qualification at any time prior to zhe exni.ration date of this certifiewLe according to Section S4-22.0041(3), .Florida Adn;nietrative Code (F.A.C.), by accessing your most recently approved application as shown above and choosing "Update" instead of "View." if certification in additional classes of ,orE '-s desired, docwneetation is needed to shots that your romiany Gas None such work with your owl' forces and equipment er that experience was gained with another contractor and that you have the necessary equipment ton each additional class of work requested. A1l. prequalified contractors arc required by Section 14-22.00613), F.B.C., to certify their work unclereay monthly in order to adjust maximurt bled<.nq capacity to available bidding capacity. You can find the link to this report a- the website shown above. AA: cj 2 -Team ✓ 5 ncere ly, Alan Autry, 61.magcr Contracts PR16inistration Office ww"'Bot.gov 5 -Office I 6 -MBE I 7 -Forms SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. 4C R® ® CERTIFICATE OF LIABILITY INSURANCE DATE U41.voonYY+T 06/2412019 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTAFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the oeRiti6ate holder Is en ADDITIONAL INSURED, the policy(las) must have ADDITIONAL INSURED provisions or be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain Policies may require on endorsement. A statement on this cerliffcate does not confer rights to the certificate holder In lieu of such endomement(s). PnOnuceR BIOwn & emwn of Florida, Inc. COxrgcr EIInn Paacock N IIIc PRONE- (396) 9445804 NC No : (305) 333-6113 Nc E E -RAIL EpoecOLkghbddytonaf9m P.O. Box 2412 JULADDBass: JUL 1 �i(x VJ INCUREe S AFFORDING COUEAACE WUCa Daytona Beach FL 32115-2412 INSUREDwsDREa GIBBS&REGISTER INC 232 S DILLARD ST INSURERA: ZD( IDN Amemen insurance CompanY 15535 e: American Guarantee eDo Liability lnswence Company 26247 INSURERc: XL Specleily lnsumnca Coma 37885 INSURER D: Bddgefield Employers l By 10701 INSURER E: CERTIFICATE EXCLUSICJSANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY LAIMs. INSURIC P: �a WINTER GARDEN FL 34787 COVERAGES DBRHI UAMHUIYIPPM 'I - -- - - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THISISTOCERTIFYTHATTHEE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSU MEGA ORTHEPO PERIOD NOTMTHSTANDINGANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACTOR OT COGENT WI PELT ICH THIS INDICATED, MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESC HEREINI SUBJ A TERMS, (tGl DY '6/Lclalr CERTIFICATE EXCLUSICJSANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY LAIMs. rnoonOnrinu An H{ M6 1---d p F LTR TYPEOEtNSURANUE —P VMt POLICYNUMBER AIMID PO P M LIMT6 11000,000 X COMMERCIALGENFFALLMOILITY URRENCE$ . MI ES En ocwrtevice 5 500,000 CM 18,kmE ® OCCUR 10,000 M=_DEu (qm oneverwnl 5 A 310019423503 071 071 PERSONAL a ADV INJURY 5 1,000,000 GENERALAGGREGATE y 2.(KJUD00 GENLAGGREOATE HNITAPPJU$ PER: 2,000,000 ©'EOE OLOC PROACTS-COMFIOPAGG B Policy B OTHER: CgMBINEO SINGLE LIM B 1,000,000 pU10MOBiLE IJABILITY Ee eW4enl�_ .DULY INJURY (Per penvn) e X ANYA", OWNED SCHEDULED SAP01942350 07/01/2019 071011'2020 aOUAY INJURY(Pale AM) 5 A AUTOS ONLY AUTOS pBNOacciOml 0E 5 HIRED NON-CWNFD AUTOS ONLY AMD&ONLY PIP -Basic s 10,000 UNRRELIA LIAR O UR RADHOCCURRENCE 5 %000,000 AGGREGATE S %DOCOOD B ESCESSLIAaCMLIedAAD AUC019423203 07/0112019 0710112D20 q-MM STA_E Om- d DED X ASTERN." 0 WORIraR9 COMPENegTION _ EL EAGHACCIDENi 4 1,000,000 ANDEMPLOYERS'Og61L1TY VI O ANYPFOPAIETOR/PART.-RAA YMIVE N, OFFlCEF/MEMfiEft E%CAUDED'1 06305 DY/01/2a10 n710t12O2O ELD:S' E-EAEMPLOYEE S 1.000.000 (Mannaloryln NHl EL DISEASE-POLICYLIMIT 5 1,000,000 DESCRIPTION OFOPERAi elmv Intal/ $1,DOD'GOD Equipment FlDate UMDO077529MAIDA 07/01/2019 07/01/2020 Leased/ Denied Equip $500,000 C DESCRIPTION OF OPERATIDNS I LO� IVEHICLES IACONO 101,AJIMIRWO R'.." SOodulq mal Ira -Hach- /.morespace I—QUIPd) FOR INFORMATION CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE "PRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. GIBBS & REGISTER INC AUTHOR.. RF➢RE9ENTATNE 2325 OI LLARD-ST WINTER GARDEN FL 34787 (tGl DY '6/Lclalr IL rnoonOnrinu An H{ M6 1---d ACORD 25 (2016103) The ADDED name and logo are registered marks of ACORD V ^V 2 -Team SO) — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. 6 -MBE I 7 -Forms 5. Office Location G&R's corporate office is located at 232 S. Dillard Street in Winter Garden. G&R's office is only 2.9 miles (0.13 hours) from Ocoee City Hall. G&R's office is only 3.6 miles (0.10 hours) from the project site. Ocoee city Hall �G 9mArc� _ IAOwee Aty H9Il Y 1 OGIbbaE PeglsleG W. I� x' & i"i It,F titer Garden, .I . i 193N19990[oee I A a POatl Project Site SI f i"goo rvun� GbbaEPe9lNu,ln[. � .e.n Witer widen Pa e 36 1-Expertise 2-Team 3-Approach 4-Workload • 6-MBE 7-Forms SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. 6. Certified Minority Business Enterprise G&R is not a minority business enterprise. However, G&R commits to meeting or exceeding the MBE subcontracting goals set for this project. 2 -Team I 3 -Approach I 4 -Workload ( 5 -Office 7 -Forms SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. Barfda BID CONFLICT Or INTERTST DISCLOSURE FOIM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Bidders roust disclose within then' Bid: 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 Bidder's firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this Bid. (Indirect ownership or benefit applies to any members of his or her immediate family.) Bidder certifies that no member of the entity's ownership or management is presently applying fur 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, Bidder 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, Staff, and other key City employees and consultants involved in the award and administration 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 chock one of the following statements and attach additional documentation if necessary: X To the best of our knowledge, the undersigned firm has no potential wn(liet of interest for this Bid. The undersigned firm, by attaclunont to this form, submits information which may be a potential conflict of interest for this Bid, Acknowledged by: Theodore Ferguson, CEO Name and I r c rm or ype — RFQ19-008 Construction Mauager at Risk for Fullers (less Road & Ocoee Apopka Road Intersection 20 Improvements 38 2 -Team I 3 -Approach I 4 -Workload 1 5 -Office I 6 -MBE SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. _OMPANV 1V RMATIOWSif NATIIF - SHFFT RFD#19-008 FAILURE TO COMPLY WITH THESE RFQ INS'T'RUCTIONS 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 BLNDING CONTRACT WITH THE CITY OF OCOEE. Gibbs & Register, Inc. HORIZED SIGNA URE (manual) Theodore Ferguson, CEO 232 S. Dillard Street StREEt'A =S - Winter Garden, FL 34787 407-654-6133 T CODE) 407-654-6134 estimating@gibbsrog.com E MATE sTDDRESS IF REMITTANCE ADDRESS IS DIFFERENT FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: W: FEDERAL ID 9 59-3026022 Individual--2Corporation Partnership Other(Specify) Sworn to and subscribed before me this -30 --day of July ,2019 Personally Known ----X o' Produced Identification (Type of Identification) Notary Public - State of Florida County of Orange SIRIY - ti� &VI'let -. Ig n ua o o ary u Ic Cynthia D. Turner nn e , ype or stampc Commissioned name of Notary Public Notary Pubiic8%n of naMa F `h Cynthia D Turnor y My CommIsdon GG 321491 p Fxplrea0a11612021 RFQI9-008 Construction Manager at Risk for Fullers Cross Road & Ocoee Apopka Road Intersection 21 Improvements 2 -Team 5 -Office I 6 -MBE SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. R Drug Free Workplace Program Statement Gibbs & Register, Inc. is a Drug -Free / Alcohol -Free Workplace Environment. Employees are prohibited from unlawfully consuming, distributing, possessing, selling, or using controlled substances while on duty. In addition, employees may not be under the influence of any controlled substance, such as drugs or alcohol, while at work, on company premises or engaged in company business. Prescription drugs or over -the counter medications, taken as prescribed, are an exception to this policy. Gibbs & Register, Inc. is a drug free workplace, as defined by the State of Florida, as it relates to its worker's compensation program. Employees are provided access to the full drug-free policy at any time and are oriented on this policy upon hire with the company. 2 -Team l 07/30/2019 Joel D. Covitz, P.E., President 5 -Office I 6 -MBE Soo — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. Addendum Acknowledgement Form (NOT USED) 2 -Team 5 -Office I 6 -MBE SOO — Fullers Cross Road & Ocoee Apopka Road Intersection Improvements Gibbs & Register, Inc. Summary of Litigation - NONE Gibbs & Register, Inc. has not been involved in any litigation in the past five years. 2 -Team I 3 -Approach I 4 -Workload I 5 -Office I 6 -MBE Soo — Fullers Cross Road & Ocoee Apopka Road intersection Improvements Gibbs & Register, Inc. r w d d d z d W N tD ] v N A N N 6� N N N ry O s n w � C O ] n J RFQ#19008 CMAR FOR FULLERS CROSS ROAD AND OCOEE APOPKA ROAD INTERSECTION IMPROVEMENTS INDIVIDUAL EVALUATION FORM l` Individual Evaluation Form Evaluation Criteria Gibbs&Register Oelrich Construction Inc. Overall Expertise of the CMR to provide requested services:General civil;Roadway and other transportation; Environmental and stormwater;potable water,sanitary sewer,and reclaimed water utilities;Parks and recreaton 0-30 points) Past performance and experience of the CMR Project Team2- 0-30 points) Project approach and understanding of the project 0-20 points) Current and projected workload of the CMR 0-10 points) Location of the Office and Proximity to the City of Ocoee 0-5 Points) 4 4 Certified Minority Business Enterprise 0-5 Points) c 5 TOTAL POINTS 0-100 Points) 4 9 ` MEMBER RANKING 96 Evaluator Name t%%f '"t`C 1'? - Evaluator Signature r 1 \ - y y I n 9 O ;i m C m rZ: N n O N N _O zo oD O Z c° 0 M00 mm imp C �0 O Z 00 _a m N A O z S 0 0 m z w m 0 o o (Or O S Np Nro O O "[fi1 O( 'a co p 21210 p w m 9 q n, o O 9 V q 0O p �• A O 3 tfs O 9 ^ O-• `i ... K c p m pp o y o d N m m N �, r' co m m 1tD � ,gym N F nnam u10i a o p, x x m 4 F a 4 ry � p 0 Q (p�� � h 0 � n C 10 n n 9 O ;i m C m rZ: N n O N N _O zo oD O Z c° 0 M00 mm imp C �0 O Z 00 _a m N A O z S 0 0 m z w RFQ #19008 CONSTRUCTION MANAGER AT RISK FOR FULLERS CROSS ROAD AND OCOEE APOPKA ROAD INTERSECTION IMPROVEMENTS CHECKLIST 7/30119 2:00 PM Submission Requirements- Company Info/ Qualifications, Signature Sheet, References, Project 'Conflict of Approach,Letter from No Addenda '. CompanylLicense Interest No. RESPONDENT j ; Surety Co, etc. Issued Verification MBE CERT. Dscloure form Office Location '. Winter Garden, FL 1 Gibbs & Register ✓ N/A Active Respondent ✓ (3.1 miles 9 mins) Winter Garden, FL 2 Oelrich Construction Inc. ✓ N/A Active Respondent ✓ (3.2 miles, 8 mins) Mayor MEMORANDUM Rusty Johnson Commissioners Date: August 28, 2019 Larry Brinson Sr. District 1 To: Vanessa Anthony, Purchasing Technician Rosemary Wilson District 2 q 1. From: Stephen C. Krug, Public Works Director Richard tits net District 3 RE: Contract Award Recommendation. George Oliver III District 4 RFQ #19008 Construction Manager At Risk Fullers Cross Road and Ocoee-Apopka Road City Manager Intersection Improvements. Robert D. Frank Public Works recommends award of the Construction Manager At Risk for the Fullers Cross Road and Ocoee-Apopka Road Intersection Improvements, RFQ No. 19008, to Oelrich Construction, Inc., of Winter Garden, Florida. The City received two (2) qualifications packages on the project from interested firms. The City elected to interview both of the submitting firms as they were evenly ranked among the evaluation committee. The firms interviewed were; Gibbs & Register and Oelrich Construction, Inc. The evaluation committee unanimously selected Oelrich Construction, Inc., for the project based on their full understanding of the project scope and their project approach. The City has had a positive work experience with Oelrich Construction, Inc., at the City and in completing municipal projects in Florida of similar size and scope. Oelrich Construction, Inc., has been in business for fifteen years. This project will provide the much anticipated intersection improvements for the expanding northwestern portion of the City. The project is adequately funded through an interlocal agreement between the City and Orange County. 000ee Public Works Team �f _I imp,oving a great rommunily City of Ocoee ® 301 Maguire Road . Ocoee, Florida 34761 Phone: (407) 905-3170 - www.ocoee.org