HomeMy WebLinkAboutItem 11 Approval of Project Budget and Exhibit A – Amendment to the Design-Build Agreement with Wharton-Smith for Construction of the New City Hallr;; ;
Ocoee
AGENDA ITEM COVER
Meeting Date: October 20, 2020
Item #
Reviewed By
Contact Name: J. Croteau Department Director: J. Croteau ,
Contact Number: 407-905-3159 City Manager: Robert Frank
Subject: Approval of Project Budget and Exhibit A — Amendment to the Design -Build
Aareement with Wharton -Smith for Construction of the New Citv Hall
Background Summary:
On January 15, 2019, the City Commission approved an Agreement with Wharton -Smith to provide
Design -Build Services for the new City Hall. On October 15, 2019, the City Commission selected an
exterior design concept and authorized Staff to continue with the design process allowing the internal
specifics of the building to fall to the City Manager for approval.
In August, the Design -Build team completed the building design and Wharton -Smith began soliciting
bids from subcontractors. The bids were due back to Wharton -Smith on October 1, 2020. Since that
time Wharton -Smith has been compiling the bids, reviewing the scope with their subcontractors and
negotiating for better pricing.
For the approximately 46,000 square feet, three-story structure, Wharton -Smith has provided a
Guaranteed Maximum Price (GMP) of $17,255,537, The GMP includes a 5% fee, $821,692, for
Wharton -Smith and a 3%, $478,656, in Design -Builder Contingency. The Contingency can be used
by Wharton -Smith to cover items such as subcontractor defaults, cost overruns not covered by
allowances, and scope gaps between subcontractors. It cannot be used for the removal and
replacement of any deficient work. The use of the contingency requires verification and agreement by
the City. It also requires that any savings incurred during subcontractor buyouts go into the Design -
Builder Contingency. If at the end of the contract there is money left in the Design -Builder Contingency
then Wharton -Smith would be entitled to 25% of the Contingency amount. The remaining amount
would be returned to the City.
Along with the GMP, the total project budget of $21,993,942, includes a 7.5% project contingency
($1.53 mil), 15% for furniture fixtures and equipment ($2.6 mil), and 3.5% miscellaneous amount that
covers a variety of items needed to complete the building such as testing services, permitting,
consultants, attorneys' fees, etc.
The City and Wharton -Smith will be following the guidelines for the Owner's Direct Purchase Program,
which should provide the City with approximately $150,000 in sales tax savings.
Staff is requesting:
A. Approval of the Project Budget; and
B. Approval of Exhibit A — Amendment to the Design -Build Agreement with Wharton -Smith for
Construction of the New City Hall; and
C. The City Manager be authorized to approve use of the Design -Builder Contingency; and
D. The City Manager be authorized to approve contracts and spending up to the amount of the
Project Budget.
Recommendations:
A. Approve the Project Budget
B. Approve Exhibit A — Amendment to the Design -Build Agreement with Wharton -Smith for
Construction of the New City Hall
C. Authorize the City Manager to approve use of the Design -Builder Contingency
D. Authorize the City Manager to approve, and the Mayor to sign, contracts and spending up to
the amount of the Project Budget
Attachments: Exhibit A — Amendment to the Design -Build Agreement with Wharton -Smith
Financial Impact: $21,993,942
Type of Item: (please mark with an "x )
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
4— 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
Rebecca Roberts 10-14-20
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
2
AIA
Document ♦, I 20141
Exhibit A
Design -Build Amendment
This Amendment is incorporated into the accompanying AIA Document A141T"h-2014, Standard
Form of Agreement Between Owner and Design -Builder dated the ((fifteenth N; day of ((January))
in the year a 2019»', (the "Agreement")
(In words, indicate day, month and year.)
for the following PROJECT:
(Nance and location or address)
RFP #18-001 Design -Build Services for New Ocoee City Hall
THE OWNER:
(Name, legal status and address)
THE DESIGN -BUILDER:
(Nance, legal status and address)
The Owner and Design -Builder hereby amend the Agreement as follows.
TABLE OF ARTICLES
A.1 CONTRACT SUM
A.2 CONTRACT TIME
A.3 INFORMATION UPON WHICH AMENDMENT IS BASED
AA DESIGN -BUILDER'S PERSONNEL, CONTRACTORS AND SUPPLIERS
A.5 COST OF THE WORK
ARTICLE A.1 CONTRACT SUM
§ A.1.1 The Owner shall pay the Design -Builder the Contract Sum in current funds for the
Design -Builder's performance of the Contract after the execution of this Amendment. The Contract
Sum shall be one of the following and shall not include compensation the Owner paid the
Design -Builder for Work performed prior to execution of this Amendment:
(Check the appropriate hox)
[ a1 )i ] Stipulated Sum, in accordance with Section A.1.2 below
author of this document has
added information needed for
its icompletion. The author
may also have revised the
text of the original AIA
standard for.. A. Additions
andl Deletions Report that
notes added information as
tell as revisions to the
standard form text is
available. from theauthor and
should be reviewed.
This document has important
legal consequences.
Consultation with an
attorney is encouragedwith
is completion or
with respect to professional
licensing requirements in
the jurisdiction where the
Project is located.
ELECTRONIC COPYING of any
portion of this AIA" Document to
another electronic file is
prohibited and constitutes a
violation of copyright laws as
set forth in the rooter of this
document.
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[ « >a ] Cost of the Work plus the Design -Builder's Fee, in accordance with Section A.1.3 below
[ <<M> ] Cost of the Work plus the Design -Builder's Fee with a Guaranteed Maximum Price, in accordance with Section A.1.4
below
(Based on the selection above, complete Section A.1.2, A.1.3 or A.1.4 below.)
§
§ A.1.4 Cost of the Work Plus Design -Builder's Fee With a Guaranteed Maximum Price
§ A.1.4.1 The Cost of the Work is as defined in Article A.S, Cost of the Work.
§ A.1.4.2 The Design -Builder's Fee:
(State a hinip sum, percentage of Cost of the ff/ork or other provision for determining the Design -Builders Fee and the metliod for
adjustment to the Fee for changes in the fork.) ,
§ A.1.4.3 Guaranteed Maximum Price
§ A.1.4.3.1 The sum of the Cost of the Work and the Design -Builder's Fee is guaranteed by the Design -Builder not to exceed a Seventeen
Million Two Hundred Fifty-five Thousand Five Hundred Thirty-seven Dollars and No Cents ($ 17,255,537.00), subject to additions and
deductions for changes in the Work as provided in the Design -Build Documents. Costs that would cause the Guaranteed Maximum Price to
be exceeded shall be paid by the Design -Builder without reimbursement by the Owner.
(Insert speck provisions if the Design -Builder is to participate in any savings.)
§ A.1.4.3.2 Itemized Statement of the Guaranteed Maximum Price
Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories; allowances, contingencies,
alternates, the Design -Builder's Fee, and other items that comprise the Guaranteed Maximum Price.
(Provide information below, or reference an attachment.) "
As shown on Attachment A Guaranteed Maximum Price Details attached hereto.
§ A.1.4.3.3 Alternates listed on the attachment are not included in GMP. Alternates to be accepted or declined no later than November 13,
2020.
(Slate the numbers or other identification of accepted alternates. If the Owner is per mated to accept other aternates subsequent to the
execution of this Amendment, attach a schedule ofsuch other alternates showing the change in the Cost of the ffrork and Guaranteed
Maxim hot Price for each and the deadline by which the alternate must be accepted)
§ A.1.4.3.4 Unit Prices, if any:
AIA Docoment A341M - 2014 Exhibit A. Copyright O' 2004 and 2014 by The American Institute of Architects. All rights roadrued. WARNING: Thi.c nIA"
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(Identib, item, state the unit price, and state any applicable quantity limitations)
Item Units and Limitations Price per Unit ($0.00)
N/A N/A N/A'
§ A.1.4.3.5 Assumptions, if any, on which the Guaranteed Maximum Price is based:
§ A.1.5 Payments
§ A.1.5.1 Progress Payments
§ A.1.5.1,1 Based upon Applications for Payment submitted to the Owner by the Design -Builder, the Owner shall make progress payments
on account of the Contract Sum to the Design -Builder as provided below and elsewhere in the Design -Build Documents.
-----
§ A.1.5.1.2 The period covered by each Application for Payment shall be one calendar monthending on the last day of the month, or as
follows:
§ A=1.5.1.3 The Design -Builder shall submit each month's Application for Payment not later thanithe 25th day of the month. Payment by
the Owner shall comply with the applicable portions of Florida Statute 218.735 Timely payment for purchases of construction services.
(Federal, state or local lairs may require payment within a certain period of time)
§ A,1.5,1.4 With each Application for Payment where the Contract Sum is based upon the Cost of the Wok, or the Cost of the Work with a
Guaranteed Maximum Price, the Design -Builder shall submit Waivers of Lien for Design -Builder and each potential bond clannant that
was included in the previous month's pay application, payrolls, petty cash accounts, receipted invoices or invoices with check vouchers
attached, and any other evidence required by the Owner to demonstrate that cash disbursements already made by the Design -Builder on
account of the Cost of the Work equal or exceed (1) progress payments already received by the Design -Builder, less (2) that portion of those
payments attributable to the Design -Builder's Fee; plus (3) payrolls for the period covered by the present Application forPayment.
§ A.1.5.1.5 With each Application for Payment where the Contract Sum is based upon a Stipulated Sum or Cost of tl
Guaranteed Maximum Price, the Design -Builder shall submit the most recent schedule of values in accordance with
Documents. Tine schedule of values shall allocate the entire Contract Sum among the various portions of the Work. (
design services, if any, shall be shown separately. Where the Contract Sum is based on the Cost of the Work with "a (
Price, the Design -Builder's Fee shall be shown separately. The schedule of values shall be prepared in such form am
data to substantiate its accuracy as the Owner may require. This schedule of values, unless objected to by the Owner, e
for reviewing the Design -Builder's Applications for Payment.
§ A.1.5.1.6 In tatting action on the Design -Builder's Applications for Payment the Owner shall be entitled to rely on
completeness of the information furnished by the Design -Builder and shall not be deemed to have made a detailed ei
arithmetic verification of the documentation submitted in accordance with Sections A.1.S.1.4 or A� 1.5.15, onother sr
made exhaustive or continuous on -site inspections; or to have made examinations to ascertain how or for what put po
has used amounts previously paid. Such examinations, audits and verifications, if required by die Owner, wilfbe pelf,
auditors acting in the sole interest of the Owner.
I
§ A.1,5.1.7 Except with the Owner's prior written approval, the Design -Builder shall not make advance payments
materials or equipment which have not been delivered and stored at the site, ----
+1
Work with a
e Design -Build
mpensation for
aranteed Maximum
upported by such
ill be used as a basis
accuracy and
iination, audit or
orting data; to have
the Design -Builder
led by the Owner's
for
§ A.1.5.4 Progress Payments —Cost of the Work Plus a Fee with a Guaranteed Maximum Price
§ A.1,5.4.1 Applications for Payment where the Contract Sum is based upon the Cost of the Work Plus a Fee with a Guaranteed(Maxi
Price shall show the percentage of completion of each portion of the Work as of the end of one period covered by the Applidatiofi for
Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been
completed; or (2) the percentage obtained by dividing (a) the expense that has actually been it}eurred by the Design -Builder on accou
that portion of the Work for which the Design -Builder has made or intends to make actual payment prior to the next Application for
Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values.
AIA Document A141n' - 2014 Exhibit A. Copyright 0 2004 and 2014 by The Nnerican Institute of Architects. Aft rights reserved, oSrm NG: M. ULU
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§ A.1.5.4.2 Subject to other provisions of the Design -Build Documents, the amount of each progress payment shall be computed as
follows:
1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying
the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that
portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work,
amounts not in dispute shall be included as provided in Section 6.3.9 of the Agreement.
.2 Add that portion of the Guaranteed Maximum Price property allocable to materials and equipment delivered and suitably
stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the
site at a location agreed upon in writing;
.3 Add tine Design -Builder's Fee, less retainage of ten percent 110 %). The Design -Builder's Fee shall be computed upon the
Cost of the Work at the rate stated in Section A.1.4.2 or, if the Design -Builder's Fee is stated as a fixed sum in that Section,
shall be an amountthatbears the same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the
probable Cost of the Work upon its completion;
A Subtract retainage of ten percent ( 10 %) from that portion of the Work that the Design -Builder self -performs;
.5 Subtract the aggregate of previous payments made by the Owner;
.6 Subtract the shortfall, if any, indicated by the Design -Builder in the documentation required by Section A.I.5.1.4 to
substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in
such documentation; and
.7 Subtract amounts, if any, for which the Owner has withheld or nullified a payment as provided in Section 9.5 of tine
Agreement.
.8 In accordance with Florida Statute 218.735, after 50%g of the construction services are completed and upon the request of the Design
Builder, the retainage may be reduced to five percent (5%) of the work completed
§ A.1.5.4.3 The Owner and Design -Builder shall agree upon (1) a mutually acceptable procedure for review and approval of payments to
the Architect, Consultants, and Contractors and (2) the percentage of retainage held on agreements with the Architect, Consultants, and
Contractors; and the Design -Builder shall execute agreements in accordance with those terms.
§ A.1.5.5 Final Payment
§ A.1.5.5.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Design -Builder
not later than 30 days after the Design -Builder has fully performed the Contract and the requirements of Section 9.10 of the Agreement
have been satisfied, except for the Design -Builder's responsibility to correct non -conforming Work discovered after final payment or to
satisfy other requirements, if any, which extend beyond final payment,
§ A.1.5.5.2 If the Contract Sum is based on the Cost of the Work, the Owner's auditors will review and report in writing on the
Design -Builder's final accounting within 30 days after the Design -Builder delivers the final accounting to the Owner. Based upon the
Cost of the Work the Owner's auditors report to be substantiated by the Design -Builder's final accounting, and provided the (other
conditions of Section 9.10 of tine Agreement have been met, the Owner will, within seven days after receipt of the written report of the
Owner's auditors, either issue a final Certificate for Payment, or notify the Design -Builder in writing of the reasons for withholding a
certificate as provided in Section 9.5.1 of the Agreement.
ARTICLE A.2 CONTRACT TIME
§ A.2.1 Contract Time, as defined in the Agreement at Section 1.4.13, is the period of time, including authorized adjustments, for
Substantial Completion of the Work.
§ A.2.2 The Design -Builder shall achieve Substantial Completion of the Work not later than a » (t » ) days from the date of this
Amendment, or as follows:
(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If
appropriate, insert requirements for• earlier Substantial Completion of certain portions of the Work)
Portion of Work
Substantial Completion Date
, subject to adjustments of the Contact Time as provided in the Design -Build Documents. i
(Insert provisions, ifany, for liquidated damages relating to failure to achieve Substantial Completion on tine orfor bonus pe
early completion of the YPork)
ATA Document A141- - 2014 Exhibit A. Copyright O 2004 and 2014 by The Americas Institute of Architects. All rights reserved. WArI4:NC: This AIA'
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ARTICLE A.3 INFORMATION UPON WHICH AMENDMENT IS BASED
§ A.3.1 The Contract Sum and Contract Time set forth in this Amendment are based on
§ A.3.1.1 The Supplementary and other Conditions of the Contract:
Document Title
Date
N/A`
§ A.3.1.2 The Specifications:
(Either list the specifications here or refer to an exhibit attached to this Amendment.)
§ A.3.1.3 The Drawings:
(Either list the dralvings here or refer to an exhibit attached to this Amendment.)
§ A.3.1.5 Allowances and Contingencies:
(Identijj� an), agreed upon allowances and contingencies, including a statement of their basis.)
.2
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the savings will be assigned to the Design -Builder Construction Contingency. At the completion of the Project, any
amount not used in file Construction Contingency shall be subject to the shared savings provisions in paragraph A.1'4..3.1.
§ A.3.1.6 Design -Builder's assumptions and clarifications:
§ A.3.1.8 To the extent the Design -Builder shall be required to submit any additional Submittals to the Owner for review, indicate any
such submissions below:
ARTICLE A.4 DESIGN -BUILDER'S PERSONNEL, CONTRACTORS AND SUPPLIERS
§ A.4.1 The Design -Builder's key personnel are identified below:
(Jdenti)� name, title and contact information.)
.1 Superintendent
James A. Jenkins, Project Superintendent, Wharton -Smith, Inc.
E-mail: tienk ns(awhartonsmith.com
Mobile: (407) 739-9565
.2 Project Manager
Randall Ellington, Senior Project Manager, Wharton -Smith, Inc.
E-mail: relhneton i�whartonsmitin.cosii
Mobile: (407) 640-0441
.3 Others
Rick Bundy, Jr., Project Executive, Wharton -Smith, hie.
E-mail: rbunl �uharionsmith,corn
Mobile: (407) 948-9910
Trent Mayberry, Assistant Project Manager, Wharton -Smith, Inc
e-mail: hnayben a+whartansmith col
Mobile: (407) 257-7447
Alex McBride, Assistant Superintendent, Wharton -Smith, Inc. -
e-mail: amebride@whartonsrnitlr.com
Mobile: (407)I256-4685
The Owner reserves the right to approve all Design -Builder's personnel, contractors and suppliers working on the project, an
approval shall not be unreasonably withheld, If the Owner requests that any Design -Builder personnel, contractor, or supplie
removed from the project, the Design -Builder will immediately remove that party without impact to the Owner or the project
schedule. The Owner's direction to remove a party can be with or without written explanation.`
§ A.4.2 "flre Design -Builder shall retain the following Consultants, Contractors and suppliers, identified below:
this
be
cost or
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§ A.5.1 Cost To Be Reimbursed as Part of the Contract
Costs of the Work reimbursement outlined below, unless specifically stated to the contrary, are included in the Guaranteed Maximum
Price (GNP) as outlined in A.1.43.1 above. No other costs will be allowed without the prior written approval of the Owner,
§ A.5.1.1 Labor Costs
§ A.5.1.1.1 Wages of construction workers directly employed by the Design -Builder to perform the construction of the Work at the site
or, with the Owner's prior approval, at off -site workshops.
§ A.5.1.1.2 With the Owner's prior approval, wages or salaries of the Design -Builder's supervisory and administrative personnel when
stationed at the site.
(If it is intended that the wages or salaries of certain personnel stationed at the Design -Builders principal or other offices shall be
included in the Cost of the II'ork,, identify below the personnel to be included, whetherfor all a)• only part of their time, and the rates at
which their time will be charged to the Work)
Person Included
Rate (unit of
§ A.5.1.1.3 Wages and salaries of the Design -Builder's supervisory or administrative persorm
road, in expediting the production or transportation of materials or equipment required for tl
time required for the Work
d at factories, workshops or on the
but only for that portion of their
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§ A.5.1.1.4 Costs paid or incurred by the Design -Builder 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 file Cost of the Work
under Section A.5. L L
§ A.5.1.1.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the
Design -Builder or paid to the Architect or any Consultant, Contractor or supplier, with the Owner's prior written approval.
§ A.5.1.2 Contract Costs. Payments made by the Design -Builder to the Architect, Consultants, Contractors and suppliers in accordance
with the requirements of their subcontracts.
§ A.5.1.3 Costs of Materials and Equipment Incorporated in the Completed Construction
§ A.5.1,3.1 Costs, including transportation and storage, of materials and equipment incorporated on to be incorporated in the completed
construction.
§ A.5.1,3.2 Costs of materials described in the preceding Section A.513.1 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 Design -Builder. Any amounts realized from such sales shall be credited to the Owner as a deduction from the
Cost of the Work.
§ A,5.1.4 Costs of Other Materials and Equipment, Temporary Facilities and Related Items
§ A.5.1.4.1 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 Design -Builder
at the site and fully consumed in the performance of the Work. Costs of materials, supplies,temporary facilities, machinery, equipment
and tools that arenot fully consumed shall be based oil 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 Design -Builder shall mean fair
market value.
§ A.5.1.4,2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers
that are provided by the Design -Builder at the site and costs of transportation, installation, minor repairs, dismantling and removal. The
total rental cost of any Design -Builder -owned item may not exceed the purchase price of any comparable item. Rates of
Design -Builder -owned equipment and quantities of equipment shall be subject to the Owner's prior written approval.
§ A.5.1.4.3 Costs of removal of debris from the site of the Work and its proper and legal disposal
§ A.5.1,4,4 Costs of document reproductions, electronic communications, postage and parcel delivery charges, dedicated data and
communications services, teleconferences, Project websites, extranets and reasonable petty cash expenses of the site office.
§ A.5.1.4.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, with the Owners prior written
approval.
§ A.5.1.5 Miscellaneous Costs
§ A.5.1.5.1 Premiums for that portion of insurance and bonds required by the Design -Build Documents that can be directly attributed to
the Contract. With the Owner's prior written approval self-insurance for either full or partial amounts of the coverages required by the
Design -Build Documents.
Bond requirements, as outlined in §3.1,16 of the Agreement between the Owner and Design -Builder, shall be modified as follow: the
Design -Builder shall furnish the Owner with a 100% Performance Braid — AIA A312-2010 Performance Bond, The Design -Builder
shall furnish the Owner with a Public Construction Payment Bond in the form attached hereto.
As shown on Attachment H AIA A312-201 Performance Bond attached hereto
As shown on Attachment I Public Construction Payment Bond attached hereto
§ A,5.1.5.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the r
is liable.
AIA Document A14Ve - 2014 Exhibit A. Copyright 0 2004 and 2014 by The Noe dean Institute of Architects. All rights reperved. WAPNI i3 th:a AIF°'
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ne 09/06/2018 under Order No.9296692226 which expires on 09/06/2019 and is not for r sale.
User Notes: Error! Unknown document pxopeity name. 19301"]2996)
§ A.5.1.5.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Design -Builder is
required by the Design -Build Documents to pay.
§ A.5.1.5.4 Fees of laboratories for tests required by the Design -Build Documents, except those related to defective or nonconforming
Work for which reimbursement is excluded by Section 15.5.3 of the Agreement or by other provisions of the Design -Build Documents,
and which do not fall within the scope of Section A.5.1.6.3.
§ A.5.1.5.5 Royalties and license fees paid for the use of a particular design, process or product required by the Design -Build Documents;
the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Design -Build Documents; and
payments made in accordance with legal judgments against the Design -Builder 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 Design -Builder's Fee or subject to the Guaranteed Maximum Price. If such 'i`oyalties, fees and costs are excluded by
the second to last sentence of Section 3.1.13.2 of the Agreement or other provisions of the Design -Build Documents, then they shall not
be included in the Cost of the Work.
§ A.5.1.5.6 With the Owner's prior written approval, costs for electronic equipment and software directly related to the Work.
§ A.5.1.5.7 Deposits lost for causes other than the Design -Builder's negligence or failure to fulfill a specific responsibility in the
Design -Build Documents.
§ A.5.1.6 Other Costs and Emergencies
§ A.5.1.6.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the Owner.
§ A.5.1.6.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of
persons and property.
§ A.5.1.7 Related Party Transactions
§ A.5.1.7.1 For purposes of Section A.5.1.7, the term "related party" shall mean a parent, subsidiary;affiliate or, other entity having
common ownership or management with the Design -Builder; any entity in which any stockholder in, or management employee of, the
Design -Builder owns any interest in excess of ten percent in the aggregate; or any person of entity .which has the right to control the
business or affairs of the Design -Builder. The term "related party" includes any member of the immediate family of any person
identified above. - I.
§ A.5.1.7.2 If any of the costs to be reimbursed arise from a transaction between the Design -Builder and a related party, the '.
Design -Builder 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
Design -Builder shall procure the Work, equipment, goods or service from the related party, as a Contractor,' according to the terms of
Section A.5.4. If the Owner fails to authorize the transaction, the Design -Builder shall procure the Work, equipment, goods or service
from some person or entity other than a related party according to the terms of Section A.5.4.
§ A.5.2 Costs Not to Be Reimbursed as Part of this Contract
The Cost of the Work shall not include the items listed below:
.1 Salaries and other compensation of the Design -Builder's personnel stationed at the Design -Builder's principal office or
offices other than the site office, except as specifically provided in Section A.S.1.1; ---
.2 Expenses of the Design -Builder's principal office and offices other than the site office;
.3 Overhead and general expenses, except as may be expressly included in Section A.S.1;..,, ----
.4 The Design -Builder's capital expenses, including interest on the Design -Builder's, capital employed for the Work;
.5 Except as provided in Section A.5.1.63 of this Agreement, costs due to the negligence or failure of the Design -Builder,
Contractors 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 Section A.5.1; and
.7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum
Price to be exceeded.
AIA Document A141M - 2014 Exhibit A. Copyright O 2004 and 2014 by The American Institute of Architects. All rights reserved..mnulnc; 2:us nlnn
U t t t d 'r U 9 1.11,ht t- -t 1 _ Una,ilot z d t'_ _ d t_' t 1his ATA D it, or
any 1 rtion of it, ney r. u1t _)ait z nal Pena Wed to o - Cio..e � cde.. th. . This 9
draft w s produced by AIA softwareat 17�:53:49 on o9/06/2018 antler Order No.4296692226 which expires onR09/06/2019, and is not for resale.
User Notes: Error[ Oak— document property name. (930172996)
§ A.5.3 Discounts, Rebates, and Refunds
§ A.5.3.1 Cash discounts obtained on payments made by the Design -Builder shall accrue to the Owner if (1) before making the payment,
the Design -Builder included them in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited
funds with the Design -Builder with which to make payments; otherwise, cash discounts shall accrue to the Design -Builder. Trade
discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the
Design -Builder shall make provisions so that they can be obtained.
§ A.5.3.2 Amounts that accrue to the Owner in accordance with Section A.53.1 shall be credited to the Owner as a deduction from the
Cost of the Work.
§ A,5.4 Other Agreements
§ A.5.4.1 When the Design -Builder has provided a Guaranteed Maximum Price, and a specitie bidder (1) is recommended to the Owner by
the Design -Builder; (2) is qualified to perform thatportion of the Work; and (3) has submitted a bid that conforms to the requirements of the
Design -Build Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Design -Builder
may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or
entity recommended to the Owner by the Design -Builder acid the amount of the subcontract or other agreement actually signed with the
person or entity designated by the Owner.
§ A.5.4.2 Agreements between the Design -Builder and Contractors shall conform to the applicable payment provisions of the
Design -Build Documents, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If an
agreement between the Design Builder and a Contractor is awarded on a cost plus a fee basis, the Design -Builder shall provide in the
agreement for the Owner to receive the same audit rights with regard to the Cost of the Work performed by the Contractor as the Owner
receives with regard to the Design -Builder in Section A.5.5, below.
§ A.5.4.3 The agreements between the Design -Builder and Architect and other Consultants identified in the Agreement shall. be in
writing. These agreements shall be promptly provided to the Owner upon the Owner's written request.
§ A.5.5 Accounting Records
The Design -Builder 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 the 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 ands, upon reasonable notice,
be afforded access to, and shall be permitted to audit and copy, the Design -Builder's records and accounts, including complete
documentation supporting accounting entries, books, correspondence, instructions, drawings; receipts, subcontracts, Contractor's
proposals, purchase orders, vouchers, memoranda and other data relating to the Contract. The Design -Builder 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...
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 providedfin 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 Tile 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 TERS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 407-905-3100, EXTENSION 1022, CCDL a ci.ococe.fl.us, WITH AN OFFICE
LOCATED AT 150 NORTH LAKESHORE DRIVE, OCOEE, FLORIDA 34761.
ATA Document A14Vx - 2014 Exhibit A. Copyright O 2004 and 2014 by The American Institute o£ Architects. A11 rights se seed. wP m_mG: a. a A!, °
T P C 1 Y G C P} h t Z I' 1. 1 6 h .. _ d f c' L d - E 2 t f L h IA 0 nt, .1
} }ortw, o -' cad v i P`nz - nd .ail Le F'o muted to th. L p',s bi_ �d— th. La This l�
a.
draft , s produc,d by AIA seft,—eatc 1y:53:49 on 09/06/2018 under Order No.4296692226 which expires on 09/06/2019, and is not for x sale.
User Notes: Excoil Unknovn document property name. (930172996)
§ A.5.6 Relationship of the Parties
The Design -Builder accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to
exercise the Design -Builder's skill and judgment in furthering the interests of the Owner; to furnish efficient construction
administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; and to
perform the Work in an expeditious and economical manner consistent with the Owner's interests.
This Amendment to the Agreement entered into as of the day and year first written above.
Signature page follows.
Are, Document A14rs - 2014 Exhibit A. Copyright Q 2004 and 2014 by The American Institute of Architects. All rights reserved. WACN?NG: This A'rpa
Dt t is C,yt,i by, U,C. c av ', r z d 1 t t' -1 tit t f ch' 11.
any 4>u t of .1.v'l. and c al penel t_e ,.il,b - pr wd to th exicv ,I—t n ender the I—, This
draft w so prodr,od by AIA'software at 17:53:49 on 09/06/2018 ender Order No.4296692226 iabich expires of 09/06/2019, and in not for r sale.
User Notes: Errorl Unknown document property name. (930172996(
CITY OF OCOEE SIGNATURE PAGE
FOR DESIGN -BUILD SERVICES FOR NEW OCOEE CITY HALL
DESIGN -BUILDER: WHARTON-SMITH, INC.
SIGNATURE:
PRINT NAME
TITLE:
WITNESSES:
NAME:
TITLE:
OWNER: CITY OF OCOEE, FLORIDA
ATTEST: APPROVED:
BY: BY:
Melanie Sibbitt, City Cleric
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this _ day of
201_
SHUFFIELD, LOWMAN & WILSON, P.A.
BY:
Scott A. Cookson, City Attorney
Rusty Johnson, Mayor
APPROVED BY CITY OF OCOEE
COMMISSION AT A MEETING HELD
on under Agenda Item _
AlA Document A141- - 2014 Exhibit A. Copyright Ci 2004 and 2014 by The lan rican Institate of Amhitectn. All rights rrserved. WARN NM : - s Al.
o _d bl t S Y fig. V L t U th _P t 1 .b [. t A A D t, or 12
�y n;ort.on oP f, mnyle—It 1' n � ltL - �d x 11 be o .,led bo tde . e tee 1--bin under .. e lay. Thin
draft w s produced by AIA software at 1):53:49 on r09/06/201B under order Ne.4296692226 which expires a 09/06/2019, and is not for x sale.
Over Notes: Error! Unknown document property name. (9301)2996)
Attachment A
Estimating Worksheet Summary Wwme A- ossx
LINE
DESCRIPTION
$/SF
%
Cost
2
Direct Costs
3
General Requirements $9.72 2.35%', $405,758
4
Structural Concrete & Stair Concrete $11.58 312%. $538,985
5
Site Concrete $6.63 1.79%', $308,529
6
Masonry $43.96 11,86%: $2,046,509
7
Structural & Miscellaneous Steel $24.14 6.51%', $1,123,564
8
Caulking & Waterproofing $1.53 0.41%$71,292
9
Roo0ng : $5.04 1,36%. $234,791
10
Frames, Doors & Hardware Supply $5.09 1.37%; $236,752
11
Windows & Glazing $15.88 4.28%. $739,359
12
Overhead Coiling Doors $0.34 0.09%. $15,673
13
Framing, Drywall & Stucco $27.77 7.49%' $1,292,758
14
Hard Tile, Resilient Flooring and Carpet $7.59 2.05%: $353,316
15
Acoustical Ceilings & Wall Panels - $3.60 0.97%'. $167,593
16
Painting $1.93 0.52%, $89,750
17
Specialties $1.83 0.49%: $85,060
18
Signage $1.06 0.29% $49,496
19
Operable Partition $0.28 '., 0.08%, $12,997
20
Site furnishings & amenities $1.01 0.27%' $47,225
21
Glass canopy $1.74 0.47%j $81,000
22
Casework $8.45 2.28% $393,207
23
Elevator $4.16 1.12%. $193,571
24
Fire Suppression System $2.76 0.74%. $128,338
25
Plumbing $9.65 2.60%. $449,192
26
HVAC $30.07 8.11%.. $1,399,732
27
Electrical $61.14 16.50%, $2,846,388
28
Earthwork, Paving & Site Utilities $11.83 3.19%. $550,522
29
Fencing & Gates $1.19 0.32% $55,567
30
Landscaping & Irrigation $4.65 1.25% $216,334
31
TOTAL DIRECT COSTS $303.60 81.91%'. $14,133,259
32
Indirect Costs
33
Value Engineering
34
General Conditions $28.44 7,67%. $1,323,938
35
Construction Administration services $5.37 1.45%. $250,000
36
Bond $2.55 0.69%. $118,834
37
General Liability Insurance $2.11 0.57%. $98,357
38
Builder's Risk insurance $0.66 0.18%. $30,801
39
Design Contingency $0.00 0.00% $0
40
Escalation Contingency $0.00 0.00%. $0
41
SUBOTAL $342.74 92,46%''. $15,955,189
42
CM Contingency $10.28 ',. 3.00%''. $478,656
43
CM Fee $17.65 5,00%'. $821,692
44
TOTAL $370.67 T 100,00%
$17,255,537
Page 1 of 1
Attachment li
1. Spec Section 012300: Sound -Absorbing Ceiling Units............................................................. ADD ...$24,400
2. Aluminum Trellis @ Patio ........ ..................................................... ....... .................................. Deduct ... $37,800
3. Alternate Lighting Fixture ..................................................................................................... Deduct ... $35,000
4. MCBranchCabling................................................................................................................ Deduct ...$55,000
4. Delete Paver Band @Plaza................................................................................................... Deduct ... $3,500
Amounts shown are 'Direct Cost", with no applicable "Indirect Costs" applied.
Page 1 of 1
Attachment C
1. Permits and Fees associated with Permits are to be provided byOwner.
2. Impact Fees of any kind assessed by any governmental entity are not included
3. FFE is to be provided by Owner and to be coordinated by WSI team. F F & E installation shall be in
accordance with the F F & E contract.
4. The depth of the existing pool to be removed expected to be no greater than 10'deep.
5. Contingent upon Design -Builder completing all prerequisite items, Notice to Proceed by Owner is
expected to be received by October 27th, 2020 which would result in a substantial completion date of
03/22/2022.
6. Work hours are anticipated to be standard 40hr work weeks, M-F (1" Shift), extensive overtime, night or
weekend work is not included.
7. Dewatering pumps and generators will need to be allowed to run 24/7 at certain times during
construction.
8. It is assumed that occasional nighttime concrete pours will be allowed, at the Design -Builders discretion
and with the Owner's prior written approval, to make up for inclement weather, maintain the Project
Schedule or accelerate the work.
9. It is assumed that occasional overtime or weekend work will be allowed, at the Design -Builders discretion
and with the Owner's prior written approval, to make up for inclement weather, maintain the Project
Schedule or accelerate the work.
10. Assuming construction vehicles will be allowed on adjacent roads to access the site during construction.
Construction access routes shall be reviewed with the Owner prior to start of work.
11. Assuming Wharton -Smith job trailer yard and on -site parking will be in accordance with previously
submitted site logistic plan.
12. Additional parking locations, as required will be coordinated the Owner and be within %+/- mile of the
site. Parking fees are not included in the GMP.
13. The GMP includes a mechanically fastened roof substrates and fully adhered TPO membrane system in
accordance with the manufacture's recommendations.
14. The UV light included in the GMP is to help control microbes on the NVAC Fan Coil per direction from
Trane and Matern Engineering and not the larger UV lights units used to treat the supply air.
15. The removal and disposal of any unforeseen unsuitable or contaminated soils is not included in the GMP.
16. No Remediation for sink holes is included, however per the soil report sink holes are unlikely because no
evidence of soil raveling present.
17. The GMP does not include Item #24 arm -less chairs and 42" square dining table @ patio because these
are to be Owner provided.
18. Independent Construction Materials Testing services, if required or desired, are not included in the GMP.
19. Per the Building Department, threshold inspections are not required and therefore not included in the
GMP.
20. Design -Builder will coordinate with Duke Energy to have permanent power to be provided to site no later
than August 2021.
21. Cost for primary power conductor and transformer on the project site are not included in the GMP.
22. Road closure fees are not included in the GMP.
23. Repair of pre-existing damage of existing roadways is not included. Damage, outside of normal wear and
tear caused by Design -Builder, contractors, subcontractors, orsuppliers shall be repaired by the Design -
Builder.
Page 1 of 2
Attachment C
24. The GIMP anticipates unrestricted delivery hours, subject to prior written approval of the Owner.
25. Data/ethernet TV utilities to be brought to the site by others.
26. This GIMP does not include any cost for unforeseen circumstances, such as material shortages or
government shutdowns, associated with the COVID Virus pandemic. Costs, if reasonable and approved
by the Owner, shall be deducted from Design -Builder Construction Contingency.
Page 2 of 2
Attachment D
007300
Supplementary Conditions HKS
O8/26/2020
2
011000
Summary
08/26/2020
3
012300
Alternates
08/26/2020
2
012500
Substitution Procedures
08/26/2020
4
• Attachment — HKS Substitution Request Form 012500
1
012600
Contract Modification Procedures
1 08/26/2020
2
• Attachment — Architect's Supplemental Instruction
1
e Attachment— HKS-714 Construction Change Directive
1
012900
Payment Procedures
08/26/2020
S
013100
Project Management and Coordination
08/26/2020
9
e Attachment— Request for Information
1
013200
Construction Progress Documentation
08/26/2020
8
013300
Submittal Procedures
08/26/2020
10
014000
Quality Requirements
08/26/2020
9
014200
References
08/26/2020
4
014323
Special Inspections
08/26/2020
2
014339
i Visual Mock -Up Requirements
08/26/2020
3
014516
Field Test for Water Leakage
08/26/2020
5
015000
Temporary Facilities and Controls
08/26/2020
7
016000
Product Requirements
08/26/2020
6
016050
Installer's Warranties
08/26/2020
2
017300
Execution
08/26/2020
10
017419
Construction Waste Management and Disposal
08/26/2020
5
017700
Closeout Procedures
08/26/2020
6
017823
Operations and Maintenance Data
08/26/2020
7
017839
Project Record Documents
08/26/2020
4
017846.13
Extra Stock& Maintenance Materials - Architectural
08/26/2020
3
017900
Demonstration and Training
08/26/2020
4
031100
Concrete Forming
08/26/2020
7
032000
Concrete Reinforcing
08/26/2020
4
033000
Cast -In -Place Concrete
08/26/2020
23
034500
Precast Architectural Concrete
08/26/2020
9
040513
Masonry Mortaring
08/26/2020
3
040516
Masonry Grouting
08/26/2020
3
040523
' Masonry Accessories
08/26/2020
5
042100
1 Masonry Veneer
08/26/2020
21
042200
Concrete Unit Masonry
08/26/2020
14
Page 1 of 7
Attachment D
047500
Adhered Masonry Veneer
08/26/2020
13
051200
Structural Steel Framing
08/26/2020
10
051213
Architecturally Exposed Structural Steel Framing
08/26/2020
8
052100
Steel Joists Framing
08/26/2020
5
053100
Steel Decking
08/26/2020
6
054000
Cold -Formed Metal Framing
08/26/2020
5
055000
Metal Fabrications
08/26/2020
10
055100
Metal Stairs
08/26/2020
10
055213
Pipe and Tube Railings
08/26/2020
11
057000
Ornamental Metal
08/26/2020
6
057360
Exterior Metal Railings
08/26/2020
6
061053
Miscellaneous Rough Carpentry
08/26/2020
7
061643
Exterior Gypsum Sheathing
08/26/2020
6
064023
Interior Architectural Woodwork
09/23/2020
18
066400
Plastic (FRP) Paneling
08/26/2020
4
066813
Plastic Gratings
08/26/2020
3
07 1326
Sheet Waterproofing
09/23/2020
13
071900
Water Repellents
08/26/2020
5
072100
Thermal Insulation
08/26/2020
8
072423
Defs for Soffits
08/26/2020
4
072617
Below Slab Vapor Retarders
08/26/2020
5
072716
Self -Adhering Air and Water Barriers
08/26/2020
12
075013
Single -Ply Membrane Roofing
09/23/2020
14
076200
Sheet Metal Flashing and Trim
08/26/2020
17
077200
Roof Accessories
08/26/2020
12
078116
Sprayed Fire -Resistive Materials
08/26/2020
10
078413
Penetration Firestopping
08/26/2020
8
078446
Fire Resistive Joint Firestopping
08/26/2020
9
079200
Joint Sealants
08/26/2020
12
081113
Hollow Metal Doors and Frames
08/26/2020
13
081416
Prefinished Flush Wood Doors
08/26/2020
9
083113
Access Doors and Frames
08/26/2020
8
083323
Overhead Coiling Doors
08/26/2020
10
084128
Interior All -Glass Entrances and Storefronts
09/23/2020
6
084400
Glazed Aluminum Framing Systems
09/23/2020
17
084430
Glass Canopies
08/26/2020
10
085656
Bullet -Resistive Windows
08/26/2020
7
087100
Door Hardware
09/23/2020
33
Page 2 of 7
Attachment D
088000
Glazing
092423
Cement Plaster
092900
Gypsum Board Assemblies
093000
Tiling
095113
Acoustical Panel Ceilings
096500
Resilient Flooring
096513
Resilient Base and Accessories
096800
Carpeting
097723
Fabric Wrapped Panels
098400
Sound -Absorbing Ceiling Units (Alternate)
098433
1 Acoustical Wall Panels
09 8453
Specialty Wood Wall Systems
099000
Painting for Cement Plaster
099100
Painting
099663
Textured Acrylic Coatings
101100
102113
102213
102223
102613
102641
102813
104116
104400
107516
112400
122413
123661
124843
142400
211300
220013
220500
220510
220519
220523
220529
220553
Visual Display Boards
Toilet Compartments
Wire Mesh Partitions
Accordion Folding Partitions
Wall and Corner Guards
Bullet -Resistant Panels
Toilet Accessories
Emergency Key Cabinets
Fire Protection Specialties
Building Maintenance Equipment
Roller Window Shades
Simulated Stone Countertops
Entrance Floor Mats
Hydraulic Elevators
Fire Suppression Systems - Performance
Plumbing Systems
Common Work Results for Plumbing Systems
Basic Materials and Methods for Plumbing System
Meters and Gauges for Plumbing Piping
General Duty Valves for Plumbing Piping
Hangers and Supports for Plumbing Piping and Equipment
Identification for Plumbing Piping and Equipment
Page 3 of 7
08/26/2020
20
08/26/2020
3
08/26/2020
27
09/23/2020
16
08/26/2020
7
08/26/2020
10
08/26/2020
6
08/26/2020
7
08/26/2020
3
08/26/2020
4
08/26/2020
4
08/26/2020
4
08/26/2020
3
09/23/2020
14
08/26/2020
9
08/26/2020
6
08/26/2020
4
08/26/2020
6
08/26/2020
5
08/26/2020 5
08/26/2020 2
09/23/2020
10
08/26/2020
3
08/26/2020
5
08/26/2020
3
09/23/2020
9
08/26/2020
8
08/26/2020
5
08/26/2020
5
08/26/2020
16
08/26/2020
8
08/26/2020
4
08/26/2020
4
08/26/2020
3
08/26/2020
4
08/26/2020
4
08/26/2020
8
08/26/2020
4
Attachment D
220576
Facility Drainage Piping Cleanouts
08/26/2020
2
220577
Facility Plumbing Drains and Accessories
08/26/2020
2
220700
Plumbing insulation
08/26/2020
7
22 1116
Domestic Water Piping
08/26/2020
7
221117
Disinfection of Domestic Water Lines
08/26/2020
4
221123
Domestic Water Pumps
08/26/2020
2
221316
Sanitary Drain, Waste and Vent Piping
08/26/2020
6
221317
Rain Leader Piping
08/26/2020
6
223300
Electric Water Heaters and Accessories
08/26/2020
3
224200
Plumbing Fixtures and Trim
08/26/2020
2
230500
Common Work Results for HVAC Systems
08/26/2020
5
230510
Basic Materials and Methods for HVAC Systems
08/26/2020
9
230513
Common Motor Requirements for HVAC Equipment
08/26/2020
5
230517
Adjustable Frequency Drives
08/26/2020
6
230518
Control Wiring
08/26/2020
3
230519
Meters, Gauges and Accessories for HVAC Piping
08/26/2020
4
230523
General Duty Valves for HVAC Piping
08/26/2020
5
230529
Hangers and Supports for HVAC Piping and Equipment
08/26/2020
8
230548
Vibration and Seismic Controls for HVAC
08/26/2020
7
230553
Identification for HVAC Piping and Equipment
08/26/2020
4
230580
Air Control and Accessories
08/26/2020
5
230593
Testing, Adjusting and Balancing for HVAC
08/26/2020
12
230700
HVAC Insulation
08/26/2020
10
230800
Commissioning of HVAC Systems
09/23/2020
10
230923
Instrumentation and Control Devices for HVAC
O8/26/2020
35
230993
Sequence of Operations
08/26/2020
4
23 2113
Hydronic Piping
08/26/2020
10
23 2123
HVAC Pumps
08/26/2020
4
232500
HVAC Water Treatment
08/26/2020
4
233100
HVAC Ducts and Casings
08/26/2020
10
233101
Shop Fabricated Ductwork
08/26/2020
6
233300
Air Duct Accessories
08/26/2020
11
233400
HVAC Fans
08/26/2020
4
233600
Air Terminal Units
08/26/2020
4
233713
Diffusers, Registers and Grilles
08/26/2020
2
234113
Active Harmonic Filter
08/26/2020
6
236428
Air Cooled Liquid Chillers
08/26/2020
6
237300
Packaged Air Handling Units
08/26/2020
10
Page 4 of 7
Attachment D
238125
j Mini Split Air Conditioning Systems
08/26/2020
4
260100
Operation and Maintenance Manuals
08/26/2020
5
a Attachment — Project Information Sheet
• Attachment —Check Out Memo
• Attachment —Conductor Insulation Resistance Test
• Attachment— DC High Voltage Cable Test
•Attachment — Ground Test Information
• Attachment — Motor Test Information
• Attachment — Voltage and Amperage Readings (Tabulation Data)
• Attachment — Progress and Record Drawing Certification
• Attachment —Spare Parts / Maintenance Stock Certification
•Attachment — Binder Examples for Submittals
260500
Common Work Results for Electrical
08/26/2020
10
260503
Equipment Wiring Systems
08/26/2020
3
260506
Demonstration of Completed Electrical Systems
08/26/2020
2
• Attachment — Check Out Memo
1
260507
Submittals
08/26/2020
4
• Attachment —Title Page
• Attachment — Binder Examples for Submittals
260508
Substitutions
08/26/2020
3
260509
Reference Standards and Regulatory Requirements
08/26/2020
4
260510
Electrical Symbols and Abbreviations
08/26/2020
4
260519
Building Wire and Cable
08/26/2020
5
260523
Power System Study with Arc Flash Analysis
08/26/2020
11
260526
Grounding and Bonding
08/26/2020
14
260529
Hangers and Supports
08/26/2020
3
260533
Conduit
08/26/2020
10
260534
Outlet Boxes
08/26/2020
5
260535
Pull and Junction Boxes
08/26/2020
3
260537
Surface Raceways
08/26/2020
4
260538
Floor Boxes
08/26/2020
6
260553
Identification for Electrical Systems
08/26/2020
4
260800
Commissioning of Electrical Systems
09/23/2020
8
260813
Tests and Performance Verification of Electrical System
08/26/2020
3
260923
Occupancy Sensors
08/26/2020
8
260934
Dimming System
08/26/2020
7
262100
Utility Service Entrance
08/26/2020
4
262213
Dry Type Transformers
08/26/2020
7
Page 5 of 7
Attachment D
262416
Panelboards
08/26/2020
14
262417
Distribution Panelboards
08/26/2020
5
262713
Electrical Metering
08/26/2020
5
262716
Cabinets and Enclosures
08/26/2020
4
262726
Wiring Devices
08/26/2020
6
262819
Enclosed Disconnect Switches
08/26/2020
3
262913
Motor Control
08/26/2020
4
263213
Exterior Diesel Emergency Generator With Subbase Fuel Tank
08/26/2020
10
263623
Automatic Transfer Switch
08/26/2020
4
264113
Lightning Protection System
08/26/2020
5
264300
Surge Protective Devices
08/26/2020
8
26 5113
Interior Lighting Fixtures, Lamps and Ballasts
08/26/2020
7
265213
Emergency Lighting Equipment
08/26/2020
4
265561
Television Lighting
08/26/2020
3
265600
Exterior Luminaires
08/26/2020
5
270500
Common Work Results for Communications Systems
08/26/2020
9
270507
Submittals for Communications Systems
08/26/2020
14
• Attachment —Title Page
270526
Grounding and Bonding for Communications Systems
08/26/2020
5
270529
Hangers and Supports for Communications Systems
08/26/2020
3
270533
Conduit and Backboxes for Communications Systems
08/26/2020
15
270553
Identification for Communications Systems
08/26/2020
3
271000
Premise Distribution Wiring System
08/26/2020
42
274000
Television System
08/26/2020
15
274129
Audio/Video System
08/26/2020
44
280500
Common Work Results for Electronic Safety and Security
08/26/2020
9
280507
Submittals for Electronic Safety and Security
08/26/2020
10
• Attachment —Title Page
28 OS26
Grounding and Bonding for Electronic Safety and Security
08/26/2020
5
280529
Hangers and Supports for Electronic Safety and Security
08/26/2020
3
280533
Conduit and Backboxes for Electronic Safety and Security
08/26/2020
15
281300
Access Control System (ACS)
08/26/2020
15
282300
Closed Circuit Television (CCTV) System
08/26/2020
10
283100
Addressable Fire Alarm/Detection System
08/26/2020
44
311000
Site Clearing
08/26/2020
3
312000
Earthwork
08/26/2020
8
312319
Dewatering
08/26/2020
2
32 1216
Asphalt Paving
08/26/2020
2
Page 6 of 7
Attachment D
32 1313
Concrete Paving
32 1313
Concrete Paving (Landscape)
321316
Integral Color Concrete Paving
328400
Irrigation System
329200
Sodding
329300
Landscape
33 1100
Water Utility Distribution Piping
333100
Sanitary Utility Sewerage Piping
334100
Storm Utility Drainage Piping
Page 7 of 7
08/26/2020
14
08/26/2020
3
08/26/2020
4
08/26/2020
8
08/26/2020
4
08/26/2020
12
08/26/2020
6
08/26/2020
6
08/26/2020
5
Attachment E
A0.00
Cover
08/26/2020
A0.01
Sheetlndex
08/26/2020
C000
Boundary & Topographic Survey
12/28/2016
Cool
General Notes
08/26/2020
C100
Site Plan
08/26/2020
C200
Demolition & Erosion Control Plan
08/26/2020 j
C201
Demolition & Erosion Control Details
08/26/2020
C300
Geometry & Striping Plan
08/26/2020
C400
Grading & Drainage Plan
09/23/2020
1
C500
Utility Plan
08/26/2020
C600
Site Details
09/23/2020
1
C601
FDOT Details
08/26/2020
C700
Grading & Drainage Details
08/26/2020
C800
City Utility Details
08/26/2020
C801
City Utility Details
08/26/2020
-
C802
City Utility Details
08/26/2020
C803
City Utility Details
08/26/2020
C804
City Utility Details
08/26/2020
1-001
Hardscape Material Schedule
08/26/2020
1100
Hardscape Callout Plan
09/23/2020
1
L101
Hardscape Dimension Plan
09/23/2020
1
L102
Hardscape Concrete Jointing Plan
09/23/2020
1
L200
Hardscape Details
08/26/2020
L201
Hardscape Details
08/26/2020
L202
Hardscape Details
08/26/2020
L203
Hardscape Details
08/26/2020
L204
Hardscape Details
08/26/2020
L205
Hardscape Details
08/26/2020
L206
Hardscape Details
08/26/2020
L207
Hardscape Details
08/26/2020
L208
Hardscape Details
08/26/2020
L209
Hardscape Details
08/26/2020
L210
Hardscape Details
08/26/2020
L300
Landscape Plan
09/23/2020
1
L301
Plants List & Notes
09/23/2020
1
L302
Landscape Details
09/26/2020
L400
Irrigation Plan
09/23/2020
1
L401
Irrigation Legend & Schedules
09/23/2020
1
Page 1 of 6
Attachment E
L402
Irrigation Notes & Details
08/26/2020
L403
Irrigation Details
08/26/2020
A1.00
Project Information
09/23/2020
1
A1.01
Site Plan
08/26/2020
ALES
Life Safety Plan
09/23/2020
1
A2.01
Floor Plan Level 1
09/23/2020
1
A2.02
Floor Plan - Level 2
09/23/2020
1
A2.03
Floor Plan - Level 3
09/23/2020
1
A2.04
Roof Plan
08/26/2020
A2.05
Single Ply Roofing Details
08/26/2020 L
A3.00
Partition Types 01
08/26/2020
A3.03
i Partition Framing Details
08/26/2020
A3.04
Gyp Bd Details
08/26/2020
A3.10
Metal Fabrications
08/26/2020
A3.20
Enlarged Restroom Plans
09/23/2020
1
A3.21
Restroom Elevations
I 09/23/2020
1
A3.23
Florida Toilet Layouts and Std Accessories
09/23/2020
1
A3.24
Shower Details - Without Slab Depression
09/23/2020
1
A3.31
Door, Safety Glazing and Louver Information
09/23/2020
1
A3.32
Door Schedule and Door Details
09/23/2020
1
A3.50
Cabinet Details
08/26/2020
A3.51
Interior Elevations Level
09/23/2020
1
A3.52
Interior Elevations - Level 2
09/23/2020
1
A3.53
Interior Elevations - Level 3
09/23/2020
1
A3.60
Millwork Enlarged Plans, Elevations, and Details
09/23/2020
1
A3.61
Millwork Enlarged Plans, Elevations, and Details
09/23/2020
1
A3.62
Millwork Enlarged Plans, Elevations, and Details
08/26/2020
A3.63
-
Millwork Enlarged Plans, -Elevations, and Details
li 08/26/2020
A3.64
Millwork Enlarged Plans, Elevations, and Details
09/23/2020
1
A3.70
Interior Enlarged Plans and Details
09/23/2020
1
A4.01
Reflected Ceiling Plan -Level 01
g
I 09/23/2020
1
A4.02
Reflected Ceiling Plan - Level 02
08/26/2020
A4.03
Reflected Ceiling Plan - Level 03
09/26/2020
A4.04
Ceiling Details
09/23/2020
1
A5.01
Elevations
09/23/2020
1
A5.02
Elevations
09/23/2020
1
A5.10
Window Legend and Enlarged Elevations
09/23/2020
1
A5.11
Enlarged Elevations
09/23/2020
1
Page 2 of 6
Attachment E
A5.12
Enlarged Elevations
09/23/2020
1
A6.01
Building Sections
08/26/2020
A6.10
Wall Sections
09/23/2020 !
1
A7.11
Brick Details - Batt Insulation 01
09/23/2020
1
A7.12
Brick Details - Batt Insulation 02
09/23/2020 !,
1
A7.13
Brick Details - Batt Insulation 03
08/26/2020
A7.14
Precast & Masonry Veneer Details
09/23/2020
1
A7.15
Soffit and Balcony Details
09/23/2020
1
A7.21
Plan Details
09/23/2020
1
A7.32
Interior Adhered Masonry Details
08/26/2020
A8.01
Stair Plans and Sections
08/26/2020
A8.10
Steel Stair Plans, Sections, And Details 01
08/26/2020
A8.20
Elevator Details
08/26/2020
A9.00
Room Finish Schedule and Details
09/23/2020 !
1
A9.01
Finish Floor Plan - Level 1
09/23/2020
1
A9.02
Finish Floor Plan - Level 2
09/23/2020
1
A9.03
Finish Floor Plan - Level 3
09/23/2020
1
A9.04
Furniture Plan - Levell
08/26/2020
A9.05
Furniture Plan - Leve12
08/26/2020
A9.06
Furniture Plan - Leve13
08/26/2020
A11.0107
ULAssemblies —HW-D-0107
08/26/2020
A11.411
UL Assemblies — U411
08/26/2020
A11.419
ULAssemblies —U419
08/26/2020
A11.420
ULAssemblies —U420
08/26/2020
A11.465
ULAssemblies —U465
08/26/2020
A11.469
ULAssemblies —U469
08/26/2020
A11.497
ULAssemblies U497
08/26/2020
A11.586
ULAssemblies —G586
08/26/2020
MA1.01
Mock Up Plan, Sections, and Elevations
08/26/2020
S1.01
Structural General Notes & Wind Schedule
08/26/2020
S1.02
Structural General Notes
08/26/2020
S1.03
Structural General Notes
08/26/2020
S1.04
Structural General Notes
08/26/2020
S1.05
Structural General Notes
08/26/2020
S2.01
Foundation Plan
08/26/2020
-
S2.01A
First Floor Edge of Slab Dimension Plan
08/26/2020
S2.02
Second Floor Framing Plan
09/23/2020 :
1
S2.02A
Second Floor Edge of Slab Plan
08/26/2020
Page 3 of 6
Attachment E
S2.03
Third Floor Framing Plan
08/26/2020
S2.03A
Third Floor Edge of Slab
08/26/2020
S2.04
Roof Framing Plan
08/26/2020
S2.04A
Roof Edge of Slab Plan
08/26/2020
S3.01
Foundation Sections and Details
08/26/2020
S3.02
Foundation Sections and Details
08/26/2020
S3.03
Foundation Sections and Details
08/26/2020
S4.01
Floor Framing Sections and Details
09/23/2020 1
S4.02
Floor Framing Sections and Details
08/26/2020
S5.01
Roof Framing Sections and Details
08/26/2020
S6.01
Schedules
08/26/2020
S6.02
Schedules
08/26/2020
MS1.01
Mock Up Plan, Sections, and Details
08/26/2020
M0.01
General Notes, Legend, Abbrev & Sheet Index
08/26/2020
M2.01
First Floor Plan
08/26/2020
M2.02
Second Floor Plan
08/26/2020
M2.03
Third Floor Plan
08/26/2020
M2.04
Roof Plan
08/26/2020
M2.0S
Enlarged Mechanical Rooms
08/26/2020
M5.01
Controls
08/26/2020
M5.02
Controls
08/26/2020
M5.03
Controls
08/26/2020
M5.04
Controls
08/26/2020
M5.05
Controls
08/26/2020
M6.01
Schedules
08/26/2020
M6.02
Schedules
08/26/2020
M9.01
Details
08/26/2020
M9.02
Details
08/26/2020
M9.03
Details
08/26/2020
M9.04
Details
08/26/2020
30.01
General Notes, Fixture Schedule & Sheet Index
08/26/2020
P2.01
First Floor Plan
09/23/2020 1
P2.02
Second Floor Plan
09/23/2020 j 1
P2.03
Third Floor Plan
09/23/2020 1
P2.04
Roof Plan
08/26/2020
P5.01
Enlarged Plans
08/26/2020
P6.01
Schedules
08/26/2020
P7.01
Riser Diagrams Core Toilets
08/26/2020
Page 4 of 6
Attachment E
P7.02
Water Riser Diagram
09/23/2020
1
P7.03
Waste Riser Diagram
09/23/2020
1
137.04
Storm Riser Diagram
09/23/2020
1
FP0.01
General Notes & 61-G15 Compliance Notes
08/26/2020
FP2.01
First Floor Plan
09/23/2020
1
FP2.02
Second Floor Plan
09/23/2020
1
FP2.03
Third Floor Plan
09/23/2020
! 1
E0.01
General Notes, Symbol Legend, & Sheet Index
08/26/2020
E0.02
.Abbreviations & LightingFixture Schedule
08/26/2020
E1.01
Site Plan
08/26/2020
E2.01
First Floor Plan - Power
08/26/2020
E2.02
Second Floor Plan - Power
08/26/2020
E2.03
Third Floor Plan - Power
08/26/2020
E2.04
Roof Plan -Power
08/26/2020
E4.01
First Floor Plan - Lighting
08/26/2020
E4.02
Second Floor Plan - Lighting
08/26/2020
E4.03
Third FloorPlan- Lighting
08/26/2020
E5.01
Electrical Exterior Lighting Elevation
08/26/2020
E6.01
Mechanical Feeder Schedules
08/26/2020
E6.11
Panelboard Schedules
08/26/2020
�I
E6.12
Panelboard Schedules
08/26/2020
E6.13
Panelboard Schedules
08/26/2020
E6.14
Panelboard Schedules
08/26/2020
E7.01
Riser Diagram & Feeder Schedule
08/26/2020
E9.01
Details
08/26/2020
E9.02
Details
08/26/2020
E9.03
Details
08/26/2020
E9.05
Details
08/26/2020
E9.06
Details
08/26/2020
E9.11
Powerlinl< Details
08/26/2020
E9.21
Chambers Lighting Control Details
08/26/2020
I_
E9.22
Chambers Lighting Control Details
08/26/2020
TA0.01
General Notes, Fixture Schedule & Sheet Index
08/26/2020
TA1.01
SitePlan-Systems
08/26/2020
TA2.01
First Floor Plan -Systems
08/26/2020
TA2.02
Second Floor Plan -Systems
08/26/2020
TA2.03
Third Floor Plan - Systems
08/26/2020
TA5.01
Enlarged Plans
08/26/2020
Page 5 of 6
Attachment E
TA7.01
Block Diagram —Audio
08/26/2020
TA7.02
Block Diagram —Video
j 08/26/2020
TA7.03
Block Diagram Control
08/26/2020
TA8.01
RiserDiagrams— Systems
08/26/2020
TA9.01
Details
08/26/2020
TA9.02
Details
08/26/2020
TA9.03
Details
08/26/2020
TA9.04
Details
08/26/2020
TA9.05
Details — AV
08/26/2020
TA9.06
Details — AV
08/26/2020
TS0.01
_
Symbol Legend
08/26/2020
TS1.01
Site Plan —Fire Security
08/26/2020
TS2.01
First Floor Plan Fire Security
/_
08/26/2020 I
TS2.02
Second Floor Plan Fire Security
08/26/2020
TS2.03
Third Floor Plan — Fire Security
08/26/2020
TS6.01
Schedules
08/26/2020
TS8.01
Riser Diagram — Fire Security
08/26/2020
TS9.01
Details - Fire Security
08/26/2020
TS9.02
Details - Fire Security
08/26/2020
TS9.03
Details -ACS
08/26/2020
TS9.04
Details -ACS
08/26/2020 L
TS9.0S
Details -CCTV
08/26/2020
Page 6 of 6
Attachment F
• Request for Information Response No. 001, dated September 18, 2020.
• Request for Information Response No. 002, dated September 21, 2020.
o Matern Engineering Response, dated September 21, 2020
o Response RFI 2.1— Finishes selections and clarifications
• Request for Information Response No. 003, dated September 28, 2020.
• Request for Information Response No. 004, dated September 29, 2020.
• Request for Information Response No. 005, dated September 29, 2020.
Attachment G
• Addendum No. 01, dated September 23, 2020
Page 1 of 1
Attachment H
Document A312TM .2010
Performance Bond
CONTRACTOR: SURETY:
(Mahe, legal slams and address) (Name, legal slants and princleal place
WhntlonSmil6, he• ojbaslness)
al
Inlh ""'" "`""f 140- "' nu,una;. Hama naa n u; mie wn Upcumpmp
pprubaleJ by US.6opyiIH11L wend lntamaUon ITrcaUea. Unaulhpaxad nprodudlon yJlattl4ullpp o(Ihls gl0.°OosuinOnf, of any portivn oP ,�
p,maywsHll in¢aypre.I'll I'd atiMln Ipanaig a, PA wlll lrepfo p<olad to the rdaalmum wot pcealull, unJarlt'. I.W. T. repwtcopyAHM
I ylolnilons ORA Uonimol Ooeenwnd...mell The Mullein imlilala ofNdJlods' IOUul comuol, mpyelghl®siamrg.
Page 1 of 4
halt.
Attachment H
§ 1 The Contractor and Surely,jointly and severally, bind themselves, their bolls, executors, adminiatrntors, successors
and assigns to the Ohmor for Ilia perfo nu co of the Construction Contract, which Is Incorporated herein by reference.
§ 2If the Contractor performs the Construction Contract, the Surety and ilia Contractor shall have no obligation under
this Bond, except when applicable to participate in a conference as provided in Section 3.
§ 3 If them is no Owner Default under the Construction Contract, Ilia Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to ilia Contractor and the Surely that tie Owner is considering declaring
a Contractor Default. Such notice shall Indicate whetter One Owner is requesting a conference unrong
tiro Owner, Contractor mid Surety to discuss the Contractors performance. If Ilse Ovmer does not
request a conference, the Surety may, within live (5) business days after receipt ?f the Ownpr's notice,
request such a conference. If the Surety timely requests a conference, tine Onvnor shall all edd. it o9s�
Ilto Osvner agmas otherwise, ahy conference regncsted undordfhls'Seelion 3.1 nshnil ba llc1d within to
(10) business days of the Suroly's receipt of fileOwner's notiee.If the Owner, the Codtmolor add t�o
Surety agree, Ilia Contractor shall be alloyed a maeonable time to perfomm the Conshuullon Canino,
but such on agreement shall not waive ilia Owner's right, if any, subsequently to declare n Contractor
Default;
,2 the Owner declares a Contractor Default, maralnutos the Construction Contract and notifies ilia Surety;
and
.3 Wo Owner has agreed to pay ilia Balmneo of Ilia Commol i't ce to accordance,yyvrith Ilia learns of the
Construction Contract to lie Surety or to fl Cmlifaetef 80�Ce�ed to perform lje construclhon Contract,
§ 4 Failure on the part of the Owner (o comply with ilia notice requirement in Section 3.L'ahyylI not constitute a failure
to comply with a condition precedent to the Surety's obligations, or release the Surely fl`omlis obligations, except to
Iihe extent ilia Slimly demonstrates actual prejudice.
§ 6 When the Owner has sutisfed tiro conditions of Sccti¢nh3, Ilia Slimly shall promptly and at ilia Suroty's expense
lake cola of the following notions: ...,
§ 6.1 Arrange for the Contractor, with We consent of Ilia Owner, to perform and complete the Combination Contract;
§ 6.2 Undertake to perform and complete ilia Coal etion Commit lisolf, iluough its agents or independent
contractors;
§ 6.3 Obtain bids or negotiated proposals from qualified eoutraomrs acceptable to Ilse Owner for a coal met for
performance and completion of the ConstnwAon.Contract, arrange for a controat to be prepared for execution by the
Owner and n contractor scicoti;Qwith the Owner's conourroaco, to be seemed wi0t porfomenco and payment bonds
executed by n gnatifed surely Cgtj'ivolont to Ilia bonds issued on the Construction Contract, and pay to the Olmer the
amount of damages as describild in Section 9 In o>)`oc� s of Ilia Salience of the Contract price inoolrcd by the Omer
a result of the Contractor Defanit; or I ,
§ 6A Waive Ila right to perform mad edmpleto, orrpiigo for completion, or obtain a new contractor and with reasonable
prompinoss,under We circmnslances.
union Afar investigation, determine the eon at for which it may be liable to ilia Owner and, as soon as
practicable afar the amount is determined, make payment to the owner; or
Deny liability In tvilolopr in part and notify tine Owner, outing ilia ronsons for don lol.
§ 61f ilia Surely does not proceed as provided in Section 5 with reasonable promptness, the Solely shad be deemed to
be In default oil Oils Bond seven days after receipt of an additional written notice from the Owner to ilia Surety
demanding that the Surely fortatm its obligatlols under Oils Bond, and ilia Owner shall be entitled to enforce any
romedy available to Ilia Owii4. If rho Solely proceeds as provided In Section 5.4, and the Owner refuses the payment
or Iho Surety has denied liability, in whole or in part, without father notice the Owner shall be entitled to anfoee any
remedy available to Ilia Owner.
Page 2 of 4
Attachment H
§ 7If ilia Surely elects to not under 8cction 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not
be greater porn those of Ilia Contrncor under Ilia CmtsWction Contract, and Ilia responsibilities of the Owner to the
Surely shot not be greater than those of the Owucr under lire Construction Contract. Subject to tiro commitment by the
Owner to pay the Balance of the Contract Price, Ilia Surely is obligated, without duplication, for
.1 lite responsibilities of the Contractor for correction of defective work and completion of tiro
Construction Contract;
.2 additional legal, design professional unit delay costs resulting from the Contractor's Default, and
resulting from Wo actions or failure to not of Ilia Surety under Section 5; and
.3 liquidated damages, orifno liquidated damages are specified in Ilia Construction Contract, actual
damages caused by delayed performance or non-perfonnanm of the Contractor.
§ 81f the Surety elects to act under Section 5.1, 5.3 or SA, the Surely's liability is
§ 0 The Surety shell not be liable to Ilia Owner or others for obligations of the Co,
Construction Contract, and pre Balance of the Contract Price shall not be reduced
unrelated obligations. No right of action shut[ accme un this Bond to any person c
India, executors, administration, successors mid assigns.
§ 10'Die Surety hereby wolves notice of any change, including changes
related subcontracts, purchase orders and other obligations,
§ 12 Notice to the Surety, the Owner or
on which their signature appears.
its
or to
shown on the page
§ 14 Definitions - 1
§ 14.1 Balance of the Coafloat Pirleq. Tha tidal, umount payable by lite Owner to the Contractor under ilia Construction
Contract after all proper ndjUsti nonis have@doll mica, Including allowance to the Contractor of any antowds received
or to be received by Zile Ow or in set 11 eht of insurance or other clahns for damages to which the Contractor is
entitled, reduced by all valid rand proper psynnonts isade to or on behalf of the Conlmclorundrr de Construction
Contract,.>. '
§ 14.2 Construction Conlraot.'fhe ugreemenl bahvceti the Owner mid Contractor identified on the cover page,
including hit Contract Decontrols Tid.'chmges made to ilia agreement and the Contract Documents.
§ 14.3 Contractor Didaull. Fatima yf the Contractor, which ties not been remedled or waived, to perform or otherwise to
comply with smateriel term of the Construction Contract.
§ 14.4 Owner Default Failure of the Owner, which Ins not been remedied or waived, to pay file Contractor as required
under die Construction Contract or to perform and complete or comply wipn pre other material tents of the
Construction Contract.
§ 14.6 Contract Documents. All the documents that comprise ilia agreement between the Owner and Contractor.
§ 18I€dlds-Bond-ioissuad-ferentngreernaut-between-n F3ontraatorandreulreerrlmWor—ttoe-lemrCohlwatartintlis-Bond
ahn�rocdeem�dieve-Bubcomertetornndtlx:tetn9wnerslmHte�emmediabc6muractor.
Page 3 of 4
Attachment H
§ 16 Modifications to this bond am as follows:
Reference § 11 Delete in Its entirely and replace with the following: "Any proceeding, legal or equitable, under Ibis Bond
may be insi inlcd In any competent jurisdiction In the location in which tiro Project is located and shall he instituted wHIlln 11
governing statute of lhlllm ions"
Reference § 13 Delete in its entirely and replace with the following: "Any provision in this ]load conflicting with Pin. Sint.
255.05 sting he deemed deleted herefrona and provisions conforudug to that statute shall be deemed Incorporated herein, Tit
intent is Aat this Bond shall be construed as a statutory bond in compliance with Fla. Shut. 255,05 and not as n common law
bond."
Reference §15 Delete tit its entirety. r ,
r
(4ace is provided below for addidmial slgnalures ofadded parlies, odlel, tlmn those appeothigon the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: _... (Coipomte Seal) Company: (Coipyaram Seal)
Signature:
Name and Title:
Address
Intl.
Slgnntum:
Name and Title:
Address
Page 4 of 4
Attachment I
BOND NO.: «pp_bond_bond_number» EXHIBIT 2
PUBLIC CONSTRUCTION PAYMENT BOND
BY THIS BOND, We, Wharton -Smith, Inc., 750 Monroe Road, Snaford, FL 32771, as
Principal and osurety_name», asurety_addressly, asurety_6ty», asurety_state _cd»
asurety_zip»«surety_phone number» , a corporation, as Surety, are bound to the
City of Ocoee, 150 N. Lakeshore Drive, Ocoee, FL 34761, herein called Owner, in the sum of
«pp_bond_contract_price», for payment of which we bind ourselves, our heirs, personal
representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
Performs the contract dated January 15, 2019, between Principal and Owner for
construction of RFP 418-001, Design -Build Services for New Ocoee City Hall
located at I North Bhiford Ave., Ocoee, FL 34761 the contract being made a part of this
bond by reference, at the times and in the manner prescribed in the contract; and
2 Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials, or supplies, used directly or
indirectly by Principal in the prosecution of the work provided for in the contract;
and
3. Pays Owner all losses, damages, expenses, costs, and attorneys' fees, including
appellate proceedings, that Owner sustains because of a default by Principal
under the contract; and
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) and 255.05(10), Florida
Statutes.
Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes does not affect Surety's obligation
under this bond.
Page 1 of 2
Attachment I
DATED otodays_date_month» «todays_date _day», otodays_dateyear».
aWharton-Smith, Inc.
incipal)
BY:
«surety name»
(Surety)
BY:
upp_bond_attorney_in_fact)>
Attorney In Fact & Florida Licensed
Resident Agent Inquiries: (407) 834-0022
Page 2 of 2