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Home My WebLink AboutItem 07. Approval to Award RFQ #23-004 Construction Manager for Floral Street Water, Sewer and Road Reconstruction City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: April 18, 2023 Item #: 7 Contact Name: Shannon Hopper, Joyce Tolbert Department Director: Rebecca Roberts Contact Number: Ext. 1524, Ext. 1516 City Manager: Robert Frank Subject: Approval to Award RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction. (Procurement Manager Tolbert) Background Summary: The Floral Street Sanitary Sewer and Water Project is part of the Downtown Master Plan to stimulate development in the downtown Ocoee area. The project includes extension of the gravity sewer system which will consist of approximately 1,700 Linear Feet (LF) of new gravity sewer, six new manholes, and stub outs with clean outs for sewer service connections; an upgrade of the potable water system in this area; and extension of an existing 8” Ductile Iron (DI) water main. The cost of the improvements for this project is estimated to be $1,000,000.00. The Construction Manager at Risk (CMR) selected for the work will provide pre-construction services, including development of a Guaranteed Maximum Price (GMP) and construction phase administration. The City retained Hazen and Sawyer as the engineer of record for this project, and the design plans are approximately 60% complete. The anticipated start of construction is Summer 2023. In compliance with the Consultants’ Competitive Negotiations Act (CCNA), Florida Statutes § 287.055, et seq., Construction Management Florida Statute § 255.103., and the policies and procedures of the City of Ocoee, the City solicited statements of qualifications from qualified Construction Manager at Risk (CMR) firms to be responsible for construction administration and general contracting services resulting in the successful, timely, and economic completion of City’s Floral Street Water, Sewer and Road Reconstruction Project for the best possible value. Construction management services shall include but not necessarily be limited to: Pre- construction Phase services, including design and construction document review and recommendations in collaboration with the project design team; submission of a Guaranteed Maximum Price and Guaranteed Completion Date; and Construction Phase services, conditioned upon acceptance of the Guaranteed Maximum Price and Guaranteed Completion Date offered by the firm. The construction management entity must have the ability to secure an appropriate surety bond pursuant to Florida Statute § 255.05, and in conformance with City requirements, and must hold construction subcontracts. The RFQ was advertised on January 29, 2023, and was publicly opened on February 28, 2023. A total of three (3) responses were received. The Finance and Utilities Departments reviewed the qualification statements and all were considered responsive. See the attached Checklist. The three (3) responses were evaluated by the RFQ Evaluation Committee appointed by the City Manager, which comprised of four (4) members: Jamie Croteau, Utilities Director; Steve Krug, Public Works Director; Jen Bolling, Assistant Utilities Director; and T’Jean Tomlinson, Project Manager – Utilities' Dept. The public RFQ Evaluation Committee meeting was held on March 27, 2023, with the Evaluation Committee interviewing, evaluating, and short-listing the firms on specific evaluation criteria. The evaluation committee short-listed the three firms in ranked order, and recommended contracting with the top ranked firm, J. Malever Construction Page 280 of 668 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Company, Inc., as indicated in the attached award recommendation from the Utilities' Director. Rank Respondent 1 J. Malever Construction Company, Inc. 2 Prime Construction Group, Inc. 3 Oelrich Construction Company, Inc. Issue: Should the City Commission award Request for Qualifications (RFQ) #23-004 for Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction project to the top-ranked firm, J. Malever Construction Company, Inc., as recommended by the Evaluation Committee? Recommendations: Staff recommends the Honorable Mayor and City Commissioners: 1.) Award Request for Qualifications (RFQ) #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction to the top ranked firm J. Malever Construction Company, Inc.; and 2.) Authorize the City Manager and Staff to proceed with contract negotiations for up to, but not exceeding, a budget amount of $45,000.00 for preconstruction and design services and up to, but not exceeding, 9% for the construction management fee; and, 3.) Authorize the Mayor, City Clerk, and Staff to execute the required contract documents for the preconstruction and design services for this project. Subsequently, Staff will proceed with negotiations for the Construction Phase, Guaranteed Maximum Price (GMP) and the Guaranteed Completion date of the project, which will be brought back to the City Commission for approval upon receipt of the required performance and payment bonds and insurance. In compliance with the Consultants’ Competitive Negotiations Act (CCNA), Florida Statute § 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 23-004 Addendum 2. RFQ 23-004_CMAR Floral Street Water, Sewer and Street Reconstruction 3. Checklist 4. J. Malever Construction Company 5. J. Malever Interview Handout 6. Prime Construction Group, Inc. 7. Oelrich Construction 8. Oelrich Interview Handout 9. Shortlist and Evaluation Forms 10. Recommendation Memo Financial Impacts: This project will be funded by bond proceeds and other dollars appropriated by City Commission. Type of Item: Consent Page 281 of 668 Mayor Commissioners Rusty Johnson Larry Brinson Sr, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Robert Frank George Oliver III, District 4 January 25, 2023 ADDENDUM NO. ONE (1) CITY OF OCOEE RFQ #23-004 CONSTRUCTION MANAGER AT RISK FOR FLORAL STREET WATER, SEWER AND ROAD RECONSTRUCTION This addendum shall modify and become a part of the original RFQ Documents for RFQ #23-004. This addendum consists of two (2) pages, including attachments. Respondents should acknowledge receipt of this addendum in their qualification package submission. Failure to do so may subject the Respondent to disqualification. The RFQ submission deadline has changed. Subsequent to the solicitation for RFQ #23-004 going live on Bonfire, the city was made aware that the required advertisement did not publish in th e Orlando Sentinel on January 22, 2023 as indicated in the RFQ Documents. In order to comply with the advertising requirements of § 255.0525 (2), Florida Statutes, the submission deadline has changed. Additionally, the deadline for questions has changed. The new dates are as follows: Deadline for Questions: February 15, 2023, 2:00 p.m. local time Submission Deadline: February 28, 2023, 2:00 p.m. local time Shannon Hopper Shannon Hopper Purchasing Technician cc: Jamie Croteau, Utilities Director Attachment: Legal Advertisement Page 282 of 668 Request for Qualifications, Legal Advertisement The City of Ocoee, Florida, (the “City”) is soliciting sealed statements of qualifications for RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction. Qualification Packages will only be accepted electronically through Bonfire, a free e-Procurement platform, until 2:00 p.m., local time, on February 28, 2023. Qualification Packages received after that time or through any other method will not be accepted under any circumstances. Qualification Packages that have been timely received through Bonfire will be publicly opened virtually online and the names of the responding firms read aloud at that time; instructions will be provided at https://www.ocoee.org/959/Public-Bid-Meetings. All questions regarding this RFQ shall be in writing to Shannon Hopper, Purchasing Technician, Finance Department/Purchasing, shopper@ocoee.org. No Pre-Submittal conference is scheduled at this time. Prospective respondents may secure a copy of the documents required for submitting a statement of qualifications at no charge through Bonfire by accessing the City’s published solicitation page at https://ocoee.bonfirehub.com. For more information, visit https://www.ocoee.org/323/Purchasing. Prospective respondents will be provided with all information regarding this RFQ, addenda, and changes to the project requirements through the Bonfire e-Procurement Platform. Melanie Sibbitt, City Clerk, Orlando Sentinel, January 29, 2023. Page 283 of 668 CITY OF OCOEE REQUEST FOR QUALIFICATIONS (RFQ) #23-004 CONSTRUCTION MANAGER AT RISK FOR FLORAL STREET WATER, SEWER AND ROAD RECONSTRUCTION Page 284 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 2 TABLE OF CONTENTS FOR RFQ #23-004 CONSTRUCTION MANAGER AT RISK FOR FLORAL STREET WATER, SEWER AND ROAD RECONSTRUCTION RFQ DOCUMENTS Section Page Legal Advertisement 3 RFQ Instructions & General Terms & Conditions 4 - 19 Conflict of Interest Disclosure Form* 20 Drug-Free Workplace Certification Form* 21 Company Information and Signature Sheet* 22 Summary of Litigation Form* 23-24 Attachment “1” – Floral Street Sewer Project Map (1 page) 25 Attachment “2” – Engineering Standards Manual (Link) 26 Attachment “3” – Draft Agreement including Exhibits “A” – “L” (81 pages) 27 *Submit with qualification package End Table of Contents Page 285 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 3 Request for Qualifications, Legal Advertisement The City of Ocoee, Florida, (the “City”) is soliciting sealed statements of qualifications for RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction. Qualification Packages will only be accepted electronically through Bonfire, a free e-Procurement platform, until 2:00 p.m., local time, on February 21, 2023. Qualification Packages received after that time or through any other method will not be accepted under any circumstances. Qualification Packages that have been timely received through Bonfire will be publicly opened virtually online and the names of the responding firms read aloud at that time; instructions will be provided at https://www.ocoee.org/959/Public-Bid-Meetings. All questions regarding this RFQ shall be in writing to Shannon Hopper, Purchasing Technician, Finance Department/Purchasing, shopper@ocoee.org. No Pre-Submittal conference is scheduled at this time. Prospective respondents may secure a copy of the documents required for submitting a statement of qualifications at no charge through Bonfire by accessing the City’s published solicitation page at https://ocoee.bonfirehub.com. For more information, visit https://www.ocoee.org/323/Purchasing. Prospective respondents will be provided with all information regarding this RFQ, addenda, and changes to the project requirements through the Bonfire e-Procurement Platform. Melanie Sibbitt, City Clerk, Orlando Sentinel, January 22, 2023. Page 286 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 4 CITY OF OCOEE REQUEST FOR QUALIFICATIONS “RFQ” #23-004 CONSTRUCTION MANAGER AT RISK FOR FLORAL STREET WATER, SEWER AND ROAD RECONSTRUCTION A. INTRODUCTION AND GENERAL INSTRUCTIONS 1. The City of Ocoee, Florida, in conformance with the Consultants’ Competitive Negotiations Act (CCNA), Florida Statutes § 287.055, et seq., Florida Statutes § 255.103, et seq., Construction Management or Program Management Entities, 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 of the City’s Floral Street Water, Sewer and Road Reconstruction Project for the best possible value. 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. 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 Florida Statute § 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. 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 free copy of the documents required for submitting a statement of qualifications through the Bonfire platform by accessing the City’s published solicitation page at https://ocoee.bonfirehub.com. For more information visit https://www.ocoee.org/323/Purchasing. Prospective Respondents will be provided with all information regarding this RFQ, addenda, and changes to the project requirements through the Bonfire platform; there is no charge to use Bonfire. Partial sets of documents required for submitting a statement of qualifications will not be issued. Page 287 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 5 4. The City ONLY accepts electronic solicitation responses online through the City’s Bonfire platform at https://ocoee.bonfirehub.com. This link can also be accessed through the City’s website at https://www.ocoee.org/323/Purchasing under the Current Open Solicitations menu. All submissions for this RFQ MUST be submitted electronically through the Bonfire Platform, submissions received in any other format will not be accepted; paper, fax, or e-mailed submissions will NOT be accepted. Minimum system requirements: Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. JavaScript and browser cookies must be enabled. Registration with Bonfire is free and is required prior to submitting a Response. You will be required to register once you click the “PREPARE YOUR SUBMISSION” in the solicitation file. It is suggested your company register no later than 24 hours in advance of the submission deadline to ensure proper registration. Should your company need assistance with registering, please contact the Bonfire Support Desk by emailing support@gobonfire.com. Support by email is provided Monday to Friday from 8:00 a.m. – 8:00 p.m. EST/EDT. Upon completing the registration with Bonfire, Respondents will be able to submit a bid securely, any time before the submission deadline, at https://ocoee.bonfirehub.com by clicking the “PREPARE YOUR SUBMISSION” under the solicitation. An instructional video is provided for an overview of the submission process. Once Respondent’s bid has been submitted, Respondent will receive a date/time stamp confirmation within the Bonfire platform and an email from Bonfire confirming the submission. Bids submitted on the Bonfire Platform will remain locked and inaccessible by City staff until the submission deadline. Respondents are encouraged to allow ample time to upload and submit their qualification package as the system will automatically lock responses upon the submission deadline. A virtual public bid opening will be held on the date and time indicated in this RFQ. Details on how to access the virtual bid opening will be posted on Bonfire once available and will also be posted on the City’s website at https://www.ocoee.org/959/Public-Bid-Meetings. 5. The City will receive questions regarding this RFQ only through written inquiries directed to Shannon Hopper, Purchasing Technician through the RFQ project file on the Bonfire Platform or by email at shopper@ocoee.org. The deadline for receipt of questions is February 8, 2023 at 2:00 p.m., local time. Questions received after that time may not be answered. Any clarifications/changes will be made by way of written addenda only, issued by the Purchasing Technician and posted on Bonfire. 6. Prospective Respondents should not contact City staff, with the exception of the Purchasing Technician, members of the Ocoee City Commission or other City consultants for information regarding this RFQ before the award date. Any contact with any other member of City Staff, City Commission, or its Agents during the solicitation, award, and protest period may be grounds for disqualification. 7. Each qualifications package should consist minimally of a cover letter, statement of qualifications, conflict of interest disclosure form, and company information form (attached at the end of these instructions). Respondents should also include a copy of all applicable licenses held by the CMR and key staff/project team proposing to perform the work. Qualification packages should be limited to a total of fifty (50) 8.5”x Page 288 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 6 11” pages (required forms are excluded from page count), single-sided, portrait orientation, 12-point font if possible. Additional requirements of submissions are supplied below in Section D: Submittals. 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 a qualification package to the City in response to this RFQ shall be borne by the Respondent. 8. Respondents shall submit one (1) complete electronic copy of their qualification package on the Bonfire Platform. Qualification packages must be received by Bonfire no later than 2:00 p.m., local time, on February 21, 2023. Any attempt to submit a bid after the submission deadline 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 qualification package uploaded and submitted on the Bonfire Platform prior to the due date and time. File Uploads – Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Platform. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated. All electronic files uploaded must be in a common format accessible by software programs the City uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf). Respondents will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Respondents will not disable or restrict the ability of the City to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Submittal Response that does not meet the criteria stated in this paragraph. 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, § 287.055, Florida Statutes and the provisions of § 255.103, Florida 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. Page 289 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 7 By entering into this contract, the awarded firm is obligated to comply with the provisions of § 448.095, Florida Statutes, "Employment Eligibility." This includes, but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an alien unauthorized to work in the USA. Failure to comply will lead to termination of this contract, or if a subcontractor knowingly violates the statute, the subcontractor must be terminated immediately. 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 § 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [See Florida Statute 287.133 (2) (a).] 13. FLORIDA PUBLIC RECORDS LAW: In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Respondents should be aware that the proposal and the responses thereto are in the public domain and are available for public inspection. Respondents are requested, however, to identify specifically any information contained in their proposal which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All proposals received in response to this request of proposal become the property of the City of Ocoee and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City. 14. PUBLIC RECORDS COMPLIANCE: The City of Ocoee (City) is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida’s Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the contract, Contractor agrees to transfer at no cost to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public record to the City upon completion of the contract, the Contractor shall destroy any duplicate Page 290 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 8 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 § 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 1 N. BLUFORD AVENUE, OCOEE, FLORIDA 34761. 15. PATENT INDEMNITY: Except as otherwise provided, the successful respondent agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses for infringement upon any letters patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the City or supplies furnished or construction work performed hereunder, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Respondent and persons employed or utilized by the Respondent in the performance of the construction contract. Further, 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 Respondent uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the bid price shall include all royalties or cost arising from the use of such design, device, or materials. 16. 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 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. 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, Page 291 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 9 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 for acceptance and award. 17. This project will be funded by bond proceeds and other dollars appropriated by the City Commission. The project will be awarded upon securing the required funding. 18. 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. 19. Conflict of Interest/Non-Collusion Certification: 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 project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. Respondent certifies that no City Commissioner, other City Official or City 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. Complete the attached Conflict of Interest Disclosure Statement and submit with qualification package. 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. Page 292 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 10 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, 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 Respondent. The bid constitutes a firm and binding offer by Respondent to perform the services as stated. 20. 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. Retainage shall be five (5) percent of work to date based on the progress payment, including all change orders. 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 excise, state, and local sales taxes. 21. Safety Requirements: 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 Page 293 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 11 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.). f. 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, (e) fire extinguisher, (f) condition of hook and other items in accordance with OSHA 1926.550 and ANSI B30.5. l. 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 the City’s Franchisee. 22. Drug-Free Workplace: Provide a statement concerning the Respondent’s status as a Drug-Free Workplace or evidence of an implemented drug-free workplace program. Complete the attached Drug-Free Workplace Form and submit with qualification package. 23. Certification of Non-Segregated Facilities: 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 Page 294 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 12 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. 24. Scrutinized Companies: Bidder certifies that the company is not participating in a boycott of Israel. Bidder certifies that the Bidder is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that Bidder is unable to provide such certification but still seeks to be considered for award of this solicitation, Bidder shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287.135 of the Florida Statutes. Bidder agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. The City shall have the right to terminate any contract resulting from this solicitation for default if Bidder is found to have submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. 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 440.57, Florida Statutes. Page 295 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 13 1. Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor and/or subcontractor providing such insurance. 2. Workers’ Compensation Insurance: The Contractor shall obtain during the life of this Agreement, Workers’ Compensation Insurance with Employer’s Liability Limits of $500,000/$500,000/$500,000 for all the Contractor’s employees connected with the work of this project and, in the event any work is sublet, the Contractor shall require the subcontractor similarly to provide Workers’ Compensation Insurance for all of the latter’s employees unless such employees are covered by the protection afforded by the Contractor. Such 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. 3. Contractor’s Public Liability and Property Damage Insurance: The Contractor shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the Contractor and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor, and the amounts of such insurance shall be the minimum limits as follows: 4. 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 5. 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. Page 296 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 14 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. 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 Builders Risk: (as applicable for construction projects) • $100,000 Any (1) Location • $1,000,000 Any (1) Occurrence (Remainder of page intentionally left blank.) Page 297 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 15 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 Agent. 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, except ten (10) days written notice of cancellation for non-payment of premium. Page 298 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 16 C. SCOPE OF SERVICES The Floral Street Sanitary Sewer and Water Project is part of the Downtown Master Plan to stimulate development in the downtown Ocoee area. This project will be funded by bond proceeds and other dollars appropriated by the City Commission. The cost of the improvements for this project is estimated to be $1,000,000.00. Additional information regarding Ocoee’s Downtown Redevelopment is available on the city website at http://www.ocoee.org/807/Downtown-Master-Plan. In order to promote growth in the Downtown area, the City is seeking to accomplish the following: • Extend the gravity sewer system from Bluford Ave. west to Floral St., S. Cumberland Ave., and Sills Alley. This sewer extension will consist of approximately 1,700 LF of new gravity sewer, six new manholes, and stub outs with clean outs for sewer service connections. • Upgrade the potable water system in this area due to age and redundancy. • Extend an existing 8-inch D.I. water main on N. Cumberland Ave. approximately 280 LF to loop the water system on W. McKey St. and W. Oakland Ave. The City retained Hazen and Sawyer as the engineer of record for this project. The design plans are approximately 60% complete. The anticipated start of construction for this project is Summer 2023. The CMR selected for the work 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) and Guaranteed Delivery Date. 2. Construction phase administration, including all scheduling and construction phasing of the work, coordination with the other development work that may be concurrently occurring adjacent to the work site, general contracting services (for all trades and including self-performance of work at the CMR's option and with City approval), coordination with private and public utilities, and securing of all required local construction permits (there is no cost for City-issued permits). 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. Interested firms or individuals must be experienced in providing CMR services and shall be a licensed General Contractor in the State of Florida in good standing. Use of qualified subcontractors for specialty work is acceptable and expected. To be considered, the firm or individual must 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. Page 299 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 17 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, 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 and 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 18 of the RFQ for additional information. • Conflict of Interest Disclosure Form • Drug-Free Workplace Certification Form • Company Information/Signature Sheet • Summary of Litigation Form • Addendum Acknowledgement, if applicable • Certified small or minority business, women's business enterprise, or labor surplus area firm certification. Include certifications for Responding CMR firm only. Partial points will not be awarded for M/WBE sub-consultants. Page 300 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 18 E. TIME SCHEDULE The anticipated schedule of events related to this solicitation is: Date of RFQ Request for qualifications advertised 17 days later Last day for questions 30 days later Statements of qualification are due 35 days later Statements of qualification distributed to evaluation committee 45 days later Evaluation committee meeting held 50-60 days later Interviews of no fewer than three Respondents, if possible 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 public presentations by, no fewer than three (3) firms, if possible. The City shall be the sole judge of the competency of Respondents. 2. A City evaluation committee will evaluate each respondent’s qualifications and after 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 Bonfire 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 § 287.055, Florida Statutes. The City will attempt to negotiate an agreement with the top-ranked Respondent. If no agreement is reached with the top-ranked Respondent, negotiations will be terminated and initiated with the second-ranked Respondent, and so on, until an agreement is reached. 4. Upon the successful negotiation of an agreement, a formal contract will be prepared and subsequently executed by both parties. The general form of this agreement is provided in Attachment 3. 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. 5. The following evaluation criteria will be used to rate the timely received responses: Page 301 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 19 Evaluation Criteria Maximum Points 1. 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 30 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. CMR’s office location and proximity to Ocoee City Hall 5 6. Certified small or minority business, women's business enterprise, or labor surplus area firm – Responding Firm only. 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 Agent in the following manner by email to Shannon Hopper, shopper@ocoee.org with a copy to Joyce Tolbert, jtolbert@ocoee.org: 1. A Bidder shall file a written bid protest under this Article or be barred any relief; oral protests shall not be acknowledged. 2. A bid protest shall be limited to the following grounds: (a) issues arising from the procurement provisions of the Project Manual, its addenda, and other bidding documents; and/or (b) applicable federal, state, or local law. No bid protest may be based upon questions concerning the design documents (drawings and specifications). The Bidder shall clarify all questions concerning the design documents of the project prior to submitting its bid. 3. The content of the bid protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief requested. 4. The bid protest shall be filed with the Purchasing Agent not later than five (5) calendar days after the posting of the notice of intent to award or recommendation of award by staff, whichever is earlier. 5. The Purchasing Agent, on behalf of the City, shall make a determination of the merits of the protest not later than five (5) business days after receipt of the protest. If the City denies the protest, the City may proceed with award of the contract unless enjoined by order of a court of competent jurisdiction. END OF INSTRUCTIONS Page 302 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 20 RFQ CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their Proposal: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in the Proposer’s firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this proposal. (Indirect ownership or benefit applies to any members of his or her immediate family.) Proposer certifies that no member of the entity’s ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Proposer agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Evaluation Committee members, and other key City employees and consultants involved in the award of this contract. According to Chapter 112, Florida Statutes, the term “conflict of interest” “means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest”, and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: _________ To the best of our knowledge, the undersigned firm has no potential conflict of interest for this Proposal. _________ The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest for this Proposal. Acknowledged by: ____________________________________________________________________________ Firm Name ____________________________________________________________________________ Signature ____________________________________________________________________________ Name and Title (Print or Type) ____________________________________________________________________________ Date Page 303 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 21 DRUG-FREE WORKPLACE CERTIFICATION The undersigned Respondent, in accordance with Florida Statute 287.087 hereby certifies that it has a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pleas of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program is such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Respondent: Signed: By: (Print or Type Name) Title: Date: Page 304 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 22 COMPANY INFORMATION/SIGNATURE SHEET RFQ #23-004 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 TELEPHONE (INCLUDE AREA CODE) __________________________________ FAX (INCLUDE AREA CODE) __________________________________ E-MAIL ADDRESS _________________________________ IF REMITTANCE ADDRESS IS AUTHORIZED SIGNATURE (manual) DIFFERENT FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: ________________________________ NAME/TITLE (PLEASE PRINT) ____________________________________________ ________________________________ ____________________________________________ STREET ADDRESS _________________________________ CITY STATE ZIP FEDERAL ID #____________________ _____Individual _____Corporation _____Partnership _____Other (Specify)________________________ Sworn to and subscribed before me by means of ☐ physical presence or ☐ online notarization this ________day of ____________________, 20____. Personally Known___________ or Produced Identification_________ ____________________________ Notary Public - State of _______ (Type of Identification) County of __________________ ___________________________ Signature of Notary Public ___________________________ Printed, typed or stamped Commissioned name of Notary Public Page 305 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 23 SUMMARY OF LITIGATION Summary of Litigation: State “None” if no litigation. 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, in accordance with the guidelines below: Claims/Litigations 1. Within the past 5 years, has your organization filed suit or a formal claim against a project owner (as a prime or subcontractor) or been sued by or had a formal claim filed by an owner, subcontractor or supplier resulting from a construction dispute? Yes________ No_________ If yes, please attach additional sheet(s) to include: Description of every action Captions of the Litigation or Arbitration Amount at issue: ______________________ Name (s) of the attorneys representing all parties: ________________________________________________________________________________ Amount actually recovered, if any: ____________________________________ Name(s) of the project owner(s)/manager(s) to include address and phone number: ________________________________________________________________________________ 2. List all pending litigation and or arbitration. _____________________________________________________________________________________ _____________________________________________________________________________________ 3. List and explain all litigation and arbitration within the past five (5) years - pending, resolved, dismissed, etc. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 4. Within the past 5 years, please list all Liens, including Federal, State and Local, which have been filed against your Company. List in detail the type of Lien, date, amount and current status of each Lien. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 5. Have you ever abandoned a job, been terminated or had a performance/surety bond called to complete a job? Yes________ No________ If yes, please explain in detail: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 6. For all claims filed against your company within the past five (5) years, have all been resolved satisfactorily with final judgment in favor of your company within 90 days of the date the judgment became final? Yes ______ No_______ If no, please explain why? _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Page 306 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 24 7. List the status of all pending claims currently filed against your company: _____________________________________________________________________________________ _____________________________________________________________________________________ 8. In the last ten (10) years, has the CMR Firm/Team ever been in bankruptcy or receivership? Yes________ No________ If yes, please explain in detail: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 9. In the last five (5) years, has OSHA cited and assessed penalties against the CMR Firm/Team for violations of its safety or health regulations? Yes________ No________ If yes, please explain in detail: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 10. Has the Environmental Protection Agency or any Florida Water Management District cited and assessed penalties against the CMR Firm/Team or the owner of a project during the time in which the parties were performing on a contract? Yes________ No________ If yes, please explain in detail: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 11. Has any insurance carrier, for any form of insurance, refused to renew the insurance policy for the CMR Firm/Team due to non-payment or contractor losses? Yes________ No________ If yes, please explain in detail: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Liquidated Damages 1. Has a project owner ever withheld retainage, issued liquidated damages or made a claim against any Performance and Payment Bonds? Yes________ No________ If yes, please explain in detail: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Page 307 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 25 ATTACHMENT “1” FLORAL STREET SEWER PROJECT MAP Page 308 of 668 1 2 21 8 8 5 2 8 6 8 6 4 2 12 36 33 18 10 30 14 15 11 14 15 1715 11 16 14 29 40 12 2412 16 13 2921 2016 24 2812 10 26 25 26 1212 10 102 219 101 212 133 104 112 145 114 116 102 108 108 123 225 115 117 119 129 112 220201 140120 205 201212 209 216213 101 144 145145 116118120 112 102104106114108110 112 133 129 125 8" PW 4" P W 6" PW2" P W 8" PW8" P W 6" P W 8" PW8" PW2" P W 2" P W 8" P W 2" PW6" PW8" PW6 " P W 6" PW2" P W 2" P W 8" PW2" PW 6" P W 6" PW6" PW2" P W 8" PW6" PW 6" PW2" PW6" PW6" PW8" PW8" P W 6" P W 2" PW 6 " P W 6" P W8" PW8" P W 6" P W 8" PW2" P W 8" PW8" PW8" PW6" PW8" PW2" P W 8" PW2" P W 2" PW8" P W 2" P W 3/4" PW 6" PW8" PW8" S S G M 16" Transmission FMFloral Stre et W Mcke y S tree t Bay StreetS Bluford AvenueTaylor Stre et S Kissimmee AvenueS Cumberland AvenueE M ckey St ree tN Bluford AvenueMag nolia St ree t Lafayette Street W Oaklan d Street E O aklan d Ave nueW Oaklan d Av enu e Sills AlleyN Cumberland AvenueN Kissimmee AvenueW Oaklan d Av enu eDowntown Floral Street Project Last Update d: Decemb er 1 2, 2 0221:1,325 ¯ Overview Map Legend Pot able Water Fea tures Existing Pota bl e Wa terMain Line Ñ Water Hydr ant (Oco ee) Potable Wate r Main L ine tobe Con structed, Remo ved,or Replaced Sanitary Sewe r Feature s Existin g S ew er G ravityMain !!2 Existing Manh ole Existing Sewe rPressurized M ain s !!2 Proposed Man hole Proposed Se wer G ravityMain Conn ect to existin g Sanitary Sewer 115' 2" WM to b e Relo cated &25' Co nstructed to L oop 2" W M Remove & Upgrade490' of 8" W M Remove & Upgr ade335' of 8 " W M Remove 400 ' of 2" WM& Insta ll 400' of 6" WM Constru ct 26 0' of 8" WM Construct 15' 2" W M to Conn ect 2 " WM & Aba ndon 100' o f 2" WM Page 309 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 26 ATTACHMENT “2” OCOEE ENGINEERING STANDARDS MANUAL (LINK) https://www.ocoee.org/212/Engineering-Standards Page 310 of 668 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 27 ATTACHMENT “3” DRAFT CONSTRUCTION MANAGER AT RISK AGREEMENT INCLUDING EXHIBITS “A” – “L” Page 311 of 668 Page 1 of 81 AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER AT RISK FOR FLORAL STREET WATER, SEWER AND ROAD RECONSTRUCTION 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 l 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 of Record, and any supporting design professions, 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 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 Owner on all correspondence sent to or received from the Engineer 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 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 Page 312 of 668 Page 2 of 81 Manager shall obtain two (2) sets 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 A. Project – The Project is the total work to be performed under this Agreement. The Project consists of permitting and construction for RFQ #23-004 - Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction. B. Owner – City of Ocoee, a political subdivision of the State of Florida. C. Construction Manager – ___________________. D. Engineer of Record – Hazen and Sawyer, P.C. E. Owner’s Representatives – City of Ocoee Utilities Director. F. Guaranteed Maximum Price – The Construction Manager's latest guaranteed maximum price. G. Guaranteed Delivery Date – The Construction Manager’s latest guaranteed delivery date. H. Contract Documents – This Agreement, the Plans, Specifications, related Construction Documents, RFQ #23-004 and all addenda, Construction Manager’s Response to RFQ #23-004, all written proposals from the Construction Manager, and or any other documents incorporated herein by reference. 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 313 of 668 Page 3 of 81 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. I. 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. J. 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. K. 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. L. Substantial Completion – The Project, or designated portion thereof, is sufficiently complete, in accordance with the Construction Documents and a Certificate of Completion issued and as certified by the Engineer, 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. The only remaining work to be performed is the Punch List. M. 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)] N. Project Improvements – Shall mean the improvements comprising the utility, stormwater, roadway and street scape improvements for the Floral Street Water, Sewer and Road Reconstruction, as identified in RFQ #23-004, to be constructed and installed by the Construction Manager pursuant to this Agreement and the Construction Contract. O. Underground Facilities – All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements Page 314 of 668 Page 4 of 81 containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, chilled water, telephone or other forms of communications, cable television, sanitary sewage, stormwater drainage removal, potable water, traffic, and control systems. P. Final Completion – The following items have been completed or satisfied: 1. Construction of the Project is totally complete (all work as defined in the Contract Documents), and certified as such by the Owner and Engineer. 2. The Project is suitable for full use as determined by the Owner and Engineer. 3. All Punch list items have been completed or otherwise disposed of or accounted for to the Owner's satisfaction and approval. 4. A Final Certificate of Completion and all other permits and approvals required have been legally and validly issued. 5. Construction Manager's executed Final Releases of Lien have been delivered to the Owner. 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 $2 million, 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 System (PMIS) General: 1. 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. Page 315 of 668 Page 5 of 81 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. 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 1. 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 that 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 Page 316 of 668 Page 6 of 81 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 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 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 bound copy of the complete diary shall be submitted to the Owner at the conclusion of the Project. 2.3 Schedule 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. Page 317 of 668 Page 7 of 81 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 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 Page 318 of 668 Page 8 of 81 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 into account 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 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 flow, costs, change orders, payments, and other major financial factors by comparison Page 319 of 668 Page 9 of 81 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 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. 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 Page 320 of 668 Page 10 of 81 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. 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 Organization - 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. Page 321 of 668 Page 11 of 81 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 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 Pre-construction Phase 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 of scale, time of performance, availability of labor and materials, and provisions for temporary facilities. The Owner may choose to terminate this Agreement before commencing any part of the Construction Phase. 4. Review Reports - Within ten (10) 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; Page 322 of 668 Page 12 of 81 additional suggestions or recommendations, as Construction Manager may deem appropriate; 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 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 regarding the identified variances. 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 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 LSP 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. Page 323 of 668 Page 13 of 81 6. Planning Separate Contracts - Without assuming any design responsibility, 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. The evaluation shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, 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 all job- site facilities necessary to enable Construction Manager, Owner's Representatives and Engineer to perform their respective duties in the management, inspection, and supervision of construction. 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 Page 324 of 668 Page 14 of 81 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 this 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. Owner, Owner’s Representative, 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 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, and Subcontractor contracts. Such invitations for bids shall be prepared in accordance with the following guidelines: Page 325 of 668 Page 15 of 81 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. 2. 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. 3. 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 in written 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 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 Page 326 of 668 Page 16 of 81 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 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 Page 327 of 668 Page 17 of 81 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 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 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 of the specifications and plans, the Owner shall be the final judge of performance and acceptability, subject to the dispute provisions of this Agreement. 7. Subcontractor Interfacing - 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 Page 328 of 668 Page 18 of 81 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: 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. Page 329 of 668 Page 19 of 81 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. 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 those present 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. Page 330 of 668 Page 20 of 81 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 of completion. 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. Engineer, Owner, and Construction Manager will 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 Page 331 of 668 Page 21 of 81 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 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). Page 332 of 668 Page 22 of 81 a. Location of all sanitary manholes and cleanouts, the service end of all laterals, and the 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 the 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. f. 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: 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 Page 333 of 668 Page 23 of 81 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 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, Page 334 of 668 Page 24 of 81 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 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 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 Page 335 of 668 Page 25 of 81 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 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 Page 336 of 668 Page 26 of 81 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 any such information or data, and the Construction Manager shall have full responsibility for reviewing 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 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 Page 337 of 668 Page 27 of 81 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 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 Page 338 of 668 Page 28 of 81 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 of these 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. Page 339 of 668 Page 29 of 81 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 The Owner shall designate, in writing, any additional representatives authorized to act on the Owner's behalf with respect to the Project who were 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 City 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 Page 340 of 668 Page 30 of 81 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 Engineer'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. 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 Page 341 of 668 Page 31 of 81 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 that portions 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 Page 342 of 668 Page 32 of 81 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: 1. 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. 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. Page 343 of 668 Page 33 of 81 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 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 $500 per day for each calendar day the actual time of performance exceeds the authorized Contract Time before substantial completion. Liquidated damages shall be $700 per day from Substantial Completion to final completion. 6.2 The date of Owner Utilization shall occur as described in Article 2.8(12) herein above. Page 344 of 668 Page 34 of 81 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 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 be returned to Owner. 7.2 Intentionally omitted. 7.3 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 Page 345 of 668 Page 35 of 81 the actual costs. 7.4 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. 7.5 The Owner's Buyout Contingency shall be created by savings generated by Subcontractor 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 by 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. 7.6 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; Page 346 of 668 Page 36 of 81 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; f) 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; 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; l) 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; Page 347 of 668 Page 37 of 81 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 $___________________ 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 exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, as it may be further 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 Page 348 of 668 Page 38 of 81 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 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. Page 349 of 668 Page 39 of 81 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. 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. Page 350 of 668 Page 40 of 81 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 351 of 668 Page 41 of 81 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. Page 352 of 668 Page 42 of 81 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, 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 Page 353 of 668 Page 43 of 81 CHANGES 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 a 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 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 Page 354 of 668 Page 44 of 81 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 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 Page 355 of 668 Page 45 of 81 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 changes clause herein. 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, 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 Changes 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 effected by written order. The Documentation of changes shall be determined by the Construction Team, included in the Project Manual and displayed Page 356 of 668 Page 46 of 81 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 12.1 Monthly 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 Page 357 of 668 Page 47 of 81 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, 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 Page 358 of 668 Page 48 of 81 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 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 Page 359 of 668 Page 49 of 81 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 of employees 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 Damage 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.) 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. Page 360 of 668 Page 50 of 81 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. 10. Builder's Risk Coverage – Not Applicable for this project. 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. 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. c. 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. Page 361 of 668 Page 51 of 81 13.3 Waiver of Subrogation 1. 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 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 Page 362 of 668 Page 52 of 81 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 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 Page 363 of 668 Page 53 of 81 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 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 Page 364 of 668 Page 54 of 81 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. 16.2 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. 16.3 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. 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 Page 365 of 668 Page 55 of 81 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. 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. Page 366 of 668 Page 56 of 81 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 1 N BLUFORD AVENUE, OCOEE, FLORIDA 34761. ARTICLE 20 ACCOUNTING RECORDS AND AUDIT 20.1 The Construction Manager shall keep full and detailed accounts and exercise such controls as may be necessary for 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, 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. 20.2 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 Page 367 of 668 Page 57 of 81 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. 20.3 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. 20.4 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 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. 21.2 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 Page 368 of 668 Page 58 of 81 particular provision thereof, unless stated otherwise. 21.3 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. 21.5 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 Utilities Director 1 N Bluford Avenue Ocoee, FL 34761 Telephone: CITY OF OCOEE Purchasing Technician 1 N Bluford Avenue Ocoee, FL 34761 Telephone: 407-905-3100 ext. 1524 Construction Manager: Page 369 of 668 Page 59 of 81 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 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 Beneficiary. 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 Page 370 of 668 Page 60 of 81 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 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 #23-004 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 Page 371 of 668 Page 61 of 81 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 #23-004 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, informations, 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. 21.20 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. 21.21 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 Florida Constitution. 21.22 Construction Manager's Project 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. 21.23 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 372 of 668 Page 62 of 81 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONSTRUCTION MANAGER: BY:_________________________________________ PRINT NAME: TITLE: 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 APPROVED BY CITY OF OCOEE THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY on ____________, under Agenda Item ____. this day of , 20__ SHUFFIELD, LOWMAN & WILSON, P.A. BY: Scott A. Cookson, City Attorney END OF SECTION Page 373 of 668 Page 63 of 81 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: Print Name: Title: [NAME F FIRM] BY: Print Name: [enter name] Title: [enter 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 374 of 668 Page 64 of 81 EXHIBIT A To Be Completed Per Project Assignment Construction Team Representatives Owner City of Ocoee, City Commission City Manager Robert D. Frank Owner’s Representative Utilities Director Engineer of Record: Hazen and Sawyer, P.C. Construction Manager CM Representative Page 375 of 668 Page 65 of 81 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 376 of 668 Page 66 of 81 EXHIBIT C CERTIFICATE OF SUBSTANTIAL COMPLETION Project: Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction RFQ No. 23-004 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 Owner And To 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 377 of 668 Page 67 of 81 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: OWNER CONTRACTOR The following documents are attached to and made a part of this Certificate: Page 378 of 668 Page 68 of 81 Executed by OWNER on , 20 (OWNER) By The CONTRACTOR accepts this Certificate of Substantial Completion on: , 20 . (Contractor) By END OF SECTION Page 379 of 668 Page 69 of 81 EXHIBIT D Final Completion Forms CONSTRUCTION MANAGER’S AFFIDAVIT OF CONTRACT COMPLETION OWNER: City of Ocoee PROJECT: Floral Street Water, Sewer and Road Reconstruction 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. CONSTRUCTION MANAGER: ___________________________ (Seal) Title: Date: STATE OF: COUNTY OF: Personally appeared before me this_____ day of _____________20____, known (or made known) to me to be the of ____________________, who, being by me duly sworn, subscribed to the foregoing affidavit in my presence. Notary Public Typed My Commission Expires: Page 380 of 668 Page 70 of 81 EXHIBIT E SAMPLE: To Be Completed per Project Assignment Construction Manager's Staff Positions to be Assigned to the Pre-construction/Design Phases Name Title Duration (Months) Percentage Off-Site Staff On-Site Staff Page 381 of 668 Page 71 of 81 EXHIBIT F SAMPLE: To Be Completed per Project Assignment Owner's Representative(s) and Designee(s) Owner's Representative(s) .......................Utilities 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 382 of 668 Page 72 of 81 EXHIBIT G 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 Ending_____________ City Project Nos.: RFQ #23-004 Project Name: Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction Construction Start Date: ____________________ End Date: ___________________________ Construction Days – Total: __________ Elapsed: ________ Remaining: ________ 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 383 of 668 Page 73 of 81 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) By: (Name) (Title) COUNTY OF STATE OF Before me on this __________ day of _______________, 20__, personally appeared __________________________, 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: By: Date: Representative’s Authorized Signature By: Date: Owner’s Authorized Signature Title Page 384 of 668 Page 74 of 81 EXHIBIT H 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 (I) 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 385 of 668 Page 75 of 81 EXHIBIT I SAMPLE: To Be Completed per Assignment Contract Drawings & Specifications To be completed at Final GMP Page 386 of 668 Page 76 of 81 EXHIBIT J GMP Bid Breakdown To be completed at Final GMP Page 387 of 668 Page 77 of 81 EXHIBIT K Clarifications, Assumptions, Exclusions and Allowances To be completed at Final GMP Page 388 of 668 Page 78 of 81 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 ___________________________________________ (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, as well as, fulfilling all warranty obligations required after the Certificate of Completion is issued, 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. Page 389 of 668 Page 79 of 81 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 By: (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 390 of 668 Page 80 of 81 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. (Signature page follows.) Page 391 of 668 Page 81 of 81 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. (Seal) (Principal) By (Name & Title) (Signature) Witness or Secretary’s Attestation (Seal) (Surety) By (Name & Title*) (Signature) Witness or Secretary’s Attestation *Attach Power-Of-Attorney END OF SECTION Page 392 of 668 RFQ #23-004 CONSTRUCTION MANAGER AT RISK FOR FLORAL STREET WATER, SEWER AND ROAD RECONSTRUCTION CHECKLIST 2/28/2023 2:00 PM RESPONDENT Submission Requirements- Such as Qualifications, References, Project Approach, Bonding Capacity Letter from Surety Co., etc. Acknowleged Addendum #1 Company/License Verification MBE Certification RFQ Conflict of Interest Disclosure form Office Location J. Malever Construction ✓Yes Active N/A ✓Groveland, FL Oelrich Construction, Inc.✓Yes Active Respondent ✓Winter Garden, FL Prime Construction Group, Inc.✓Yes Active N/A ✓Orlando, FL Page 393 of 668 Page 394 of 668 Page 395 of 668 Page 396 of 668 Page 397 of 668 Page 398 of 668 Page 399 of 668 Page 400 of 668 Page 401 of 668 Page 402 of 668 Page 403 of 668 Page 404 of 668 Page 405 of 668 Page 406 of 668 Page 407 of 668 Page 408 of 668 Page 409 of 668 Page 410 of 668 Page 411 of 668 Page 412 of 668 Page 413 of 668 Page 414 of 668 Page 415 of 668 Page 416 of 668 Page 417 of 668 Page 418 of 668 Page 419 of 668 Page 420 of 668 Page 421 of 668 Page 422 of 668 Page 423 of 668 Page 424 of 668 Page 425 of 668 Page 426 of 668 Page 427 of 668 Page 428 of 668 y J. Malever Construction Company, Inc. 301 Sampey Road Groveland, Florida 34736-3311 PHONE: 352-429-9507 FAX: 352-429-8705 Qualification package for: City of Ocoee RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer & Road Construction Page 429 of 668 J. Malever Construction Company, Inc. 301 Sampey Road Groveland, Florida 34736-3311 FAX: 352-429-8705WEBSITE: JMalever.com GENERAL EMAIL: Office@JMalever.com Ca.yJMalever, President n (352)267-2083 camiialeverimc4aennh..^^„;i.....Scott Tyre Vi^ President (407) 267-6767 scottimciaemhargn^^ii:;;;^ Christma Lee, Office Manager (352) 429-9507 christina@.Tnialever r-n.n Cin 'S a Florida Corporation established In 1999riu ffoy-oooloOo. We perform primarily Underground Utility work. a. Excavation of Existing Sanitary b. Bypass Work 0. Excavation of Existing Water and Bypass Work Ucens^^CUcTaJs^T^ ^Ite Development work. We are a long-standing business in our community. Our business location is 301 Sampey Road, Groveland FL 34736-3311 We have been at this location for 19 years (since Aprii 2003). Our location is approximately 20 miles and 35 minutes from Ocoee City Hall. P[®sident and owner of J Malever Construction Company is Cary J Malever. who hasbeen the president since inception in 1999 and is involved daily in the operations of the company J. Malever Construction has had one proprietor since inception. Cary graduated in 1992 from the University of Alabama. After graduation, he worked at Ring Power as the Rental Coordinator from 1992-1996 1996-19^^"' for J Mark Builders and Development as a Superintendent from He then started J Malever Construction In 1999, which continues today. Scott Tyre serves as Vice President and has been In this role since 2016 Scott graduated from Georgia Tech In 1993 with a degree In Building Construction fo!2'Ss" Ferguson Underground as an Inside sales representative f?oti'^20lSl6 1995-2014, and GIbbs and Register Scott holds an underground Contractors license. Advanced MOT certification and Is a certified stormwater inspector. J Malever since Inception, and Inthis line of work for over 40 years. He holds a Confined Space Certification. Another of our job Superintendents, Robert Solleau has worked for J Malever since 2015 J Malever also has Pipe Foreman, like Hector Mata, Pablo Pena, and Noverto Morales, Page 430 of 668 fncepfon in 1°99a employees that have been serving alongside us since Because of our massive equipment and vehicle fleet, number of crews, and on site ''' completely self-sufficient and a turn-key operation able toperform a multitude of projects without the reliance of rental equipment or subcontractors. Insurance and Bonding with a single job capacity of $25,000,000 or greater. ^ y Page 431 of 668 J. Malever Construction Company, Inc. 301 Sampey Road Groveland, Florida 34736-3311 PHONE: 352-429-9507 FAX: 352-429-8705 J. Malever's approach to the construction of the Floral Street water sewer & mari •^■srrsrs.r.r.Tit.ES-.-.s.-r' we of eurteo, ftat -I be beautiful roadway with ail the charms of the old Florida brick roads OrianHn Projects that we have done for the City of wMMimMm- Page 432 of 668 J. Malever Construction Company, Inc. 301 Sampey Road Groveland, Florida 34736-3311 PHONE: 352-429-9507 FAX: 352-429-8705 J. Malever Construction Company has completed the following jobs with similar scope and size in municipalities: City of Orlando, Lido Street Drainage Improvements Existing Sanitary Existing Storm Existing Water Roadwork, Asphalt City of Orlando, Lake of the Woods to A1 Coith Park Existing Sanitary Existing Storm Existing Water Brick Work Roadwork, Asphalt City of Orlando, Colonial Town Drainage Improvements Existing Sanitary Existing Storm Existing Water Brick Work Roadwork, Asphalt City of Orlando, Ivanhoe Boulevard Existing Sanitary Existing Storm Existing Water Brick Work Roadwork, Asphalt City of Orlando, Lake Lucerne to Lake Cherokee Existing Sanitary Existing Storm Existing Water Brick Work Roadwork, Asphalt City of Orlando, Lake Cherokee to Lake Davis Existing Sanitary Existing Storm Existing Water Brick Work Roadwork, Asphalt Page 433 of 668 V J J. Malever Construction Company, Inc. 301 Sampey Road Groveland, Florida 34736-3311 PHONE: 352-429-9507 FAX: 352-429-8705 Equipment T,ist The following is a list of equipment owned by J Malever Construction. In addition to this list, we also have our own Transport Trucks, Dump Trucks Trailers ssrirr"• s. Envirosafe Fuel Tank Wacker Plate Tamper 1998 Caterpillar 924F Loader 195 6 Kaiser (JMC) Water Truck Caterpillar CS433C Roller Caterpillar CS433C Roller Bros LSPRM-8A Mixer Leeboy,(Trupac) 915 Roller Concept Products CP2000T Air Curtain Caterpillar CS533E Roller Caterpillar 93 8GII Loader Caterpillar 928GZQC Loader Cateipillar 928GZQC Loader Caterpillar 924G Loader Caterpillar 12H Grader Caterpillar D5GLGP Dozer Caterpillar D5GLGP Dozer 1998 Leeboy RB48 Broom Laymor 8HC Broom Leeboy 915 Roller Rotoflo RWP006 8 Pump Dewatering Rotoflo RWP006 8 Pump Dewatering Caterpillar D4KLGP Dozer Temp barrier K-wall 2015 Kenco KL9000 Barrier Lift Rotoflo RWP008 Pump 8" 2016 Weber CRicCD-07 Plate Tamp (rev.) 2016 Stone Mizer SM-EWHD-9 Rock Box 2015 Caterpillar 930KFQC Loader 2016 Caterpillar 259D L2 Skid steer 2017 Weber CR6-CCD Plate tamp 2019 Caterpillar 926 Loader 2019 Caterpillar 908 Loader 2002 Caterpillar D3GLGBT Tractor 2018 John Deere 5045E Utility Tractor 2013 Wacker Neuson Light Tower Light Tower Trailer 2017 Caterpillar 725 Truck Articulated Truck 2017 Caterpillar 725 Truck Articulated Truck 2015 Caterpillar 725C Truck Articulated Truck 2019 Caterpillar 926M Wheel Loader Page 434 of 668 2020 Northern Tool 2750PSI Hot Steam Cleaner Landpride BB3596 Box Blade Tractor 1955Huber Grader 2017 Caterpillar 349FL Hydraulic Excavator 2017 Caterpillar 31 IF Excavator Caterpillar 323F Excavator 2018 Caterpillar 330FL Excavator 2007 Caterpillar 12H Motor Grader 2020 Caterpillar D5K2LGP Track Type Tractor 2019 Caterpillar 725C2 Articulated Truck 2020 Caterpillar 330-07 Hydraulic Excavator 2020 Caterpillar 926M Wheel Loader 2019 Caterpillar 259D3 Compact Track Loader 2018 Caterpillar D5K2LGP Track Type Tractor 2016 Caterpillar 3 04E2CR Mini Hydraulic Excavator 2017 Caterpillar 950M Medium Wheel Loader 2019 Caterpillar 335FLCR Medium Hydraulic Excavator 1993 Caterpillar 613C Water Wagon 2021 Rex 20042010 Compactor Rex Plate 2017 Caterpillar CS544B Single Drum Soil Compactor 2021 Caterpillar D4K-15VP Track Type Tractor Power Screen PowerGrid 1200 Dirt Screener 2018 Caterpillar D3K2LGP Track Type Tractor 2015 Weiler C307 Split Dram Asphalt Roller Wacker Neuson LTN6L Light Tower 4L Diesel 2015 Wacker Neuson LTN6L Light Tower 4L Diesel 24276797 John Deere 7330 C-18493 Dual Tires Ag Tractor 2022 Caterpillar 336 Hydraulic Excavator 2021 Caterpillar D4K D4 Dozer - JPH00241 2021 Caterpillar 326FLHYDTH Hydraulic Excavator 2021 Caterpillar 308 Mini Excavator 2015 Komatsu PC490LC 320 Hydraulic Excavator 2015 Caterpillar D6H XL Narrow Track Bull Blade Dozer V Page 435 of 668 Jennifer Wild Account Payable Debbie Wicklander' Receptionist Hector Mata, Foreman (and crew) Nestor Cavazos, Foreman (and crew) Pablo Quintana, Foreman (and crew) Pablo Pena, Foreman (and crew) David Crosby, Foreman (and crew) Chris Hill, Foreman (and crew) Gary Gant, Foreman (and crew) John Lane, Foreman (and crew) Derrick DIxon, Foreman (and crew) Dewitt Parsons Lead Mechanic Lee Blackledge Fabricator David Messer General Mechanic Paul Frazier, Lead Driver (and Drivers) Quinton Nelson Transport Driver 4 n 3* Q K' S SN^ o 4- g- -1 (? 114s a. S- n S c 4 Roddy Greeneish, Foreman (and crew)4 ll<l- 4 4 c n •o I- n c a (0 a o* o JD W a IS Q. O a a ID C/) ^ O •o S s ® 4 4 •0 ^ 5 6 uID STa SjSn> 0 33 Qi 3 n' 01 5' 3 n 3" Q) ■o X i ra U) to to ^ oO M 3 a 3 e 2. a M >< Oi to 00 •o s n P er B 3 s n ia*« o B n o 3 'XS B i-H B rt 3 ■3 I O B P ^ 1g ID u O 3 a.a 3SID »•1 l/> Page 436 of 668 Job Name; Customer; Contact: Phone: Email: Contract A JMC Past Project List mount: Completion Wharton Smith / City of Ocoee - City Hall Offsite City of Ocoee- Utilities Dept 1800 A.D. MIms Road Ocoee, FL 34761 Jamie Croteau 407-905-3159 JcroteauOocose.cQm $722,000.00 March 2022 Job Name: Customer: Contact: Phone: Email: Contract A mount: Completion Wharton Smith / City of Ocoee - Misc Projects City of Ocoee- Utilities Dept 1800 A.D. Mims Road Ocoee, FL 34761 Jamie Croteau 407-905-3159 jcroie3u@oco5g.com $353,000.00 March 2022 Job Name Customer: Contact: Phone: Email: I Contract Amount: Completion: Pressure Test Wateriine 2nd & 3rd Street City of Ocoee- Utilities Dept 1800 A.D. Mims Road Ocoee, FL 34761 Jamie Croteau 407-905-3159 Jcroteau@oco6e.com Job Name: Customer: Contact: Phone: Email: Contract Amount: (CompletiOQ: Sewer Manhole Invert Repair at Maguire Rd & Ocoee Business Pkwy City of Ocoee- Utilities Dept 1800 A.D. Mims Road Ocoee, FL 34761 Jamie Croteau 407-905-3159 JcrQteau@Qcose.CQm Pagel Page 437 of 668 Job Name Customer Contact: Phone: imail: Contract A Completioh: n Job Name: Customer: ount: Contact: Phone: Email: Contract AtViount; Completior ^iJob Name; Customer; Contact: Phone: Email: Completlon|: JMC Past Project List temp Fire Station Utilities at Vignetti park City of Ocoee- Utilities Dept 1800 A.D. Mims Road Ocoee, PL 34761 Jamie Croteau 407-905-3159 Jcroteau@ocoee.com Concrete Pad Install at the Master Lift Station - N. Lakewood Ave & Security a;' City of Ocoee-Utilities Dept 1800 A.D. Mims Road Ocoee, PL 34761 Jamie Croteau 407-905-3159 JcroteaU@ocQee.rnm Asphalt Road Repair at Clark Rd and Hwy 50 City of Ocoee- Utilities Dept 1800 A.D. Mims Road Ocoee, FL 34761 Jamie Croteau 407-905-3159 Jcroteau@ocoe5.cDm Job Name: Customer: Contact: Phone: Email: Contract Arhount: Completion Force Main Reroute and Road Repair on Clark Rd North of AD Mimms City of Ocoee- Utilities Dept 1800 A.D. Mims Road Ocoee, FL 34761 Jamie Croteau 407-905-3159 Jcroteau@ocoee.CQrn Page ^ Page 438 of 668 Job Namfc Custome Contact; ^hone; Email: Contract Amount: Completicn: Job Name Customer Contact: °hone: Email; Contract Ahiount: Completioo: Job Name: Customer: Contact: ^hone; Email: Contract Annount Completion JMC Past Project List Sewer Repair at Hwy 50 & Bluford" City of Ocoee- Utilities Dept 1800 A.D. Mims Road Ocoee, PL 34761 Jamie Croteau 407-905-3159 Jcroteau@OCOeta.rnrn ^ west 1800 A.D. Mims Road Ocoee, FL 34761 Jamie Croteau 407-905-3159 JCi'OteaUfSJocoefi.rnm Force Main Repair & Road Repair at Silver Star Rd & Clark Rd City of Ocoee- Utilities Dept 1800 A.D. Mims Road Ocoee, PL 34761 Jamie Croteau 407-905-3159 Jcrote3u@ocope.cQm Job Name: Customer: Contact- Phone: Email: Contract Amount: '>mpletlon: Page • 3 Page 439 of 668 PRI CONSTRUCTION GROUP, INC. ,, .I I I I .I I I .I I� RFQ#23-004 Construction Manager At Risk for Floral Street Water, Sewer and Road Reconstruction City of Ocoee, FL Page 440 of 668 PRIIIE CONSTRUCTION GROUP, INC. "lllllll.11� Febmary 2g t11, 2023 Shannon Hopper Purchasing Technician Finance Department/Purchasing City of Ocoee 1 North Bluford Avenue Ocoee, FL, 34761 RE: Letter of Interest Dear Ms. Hopper, We hereby express our interest in being selected for RFQ #23-004 Constmction Manager at Risk For Floral Street Water, Sewer and Road Reconstruction for the City of Ocoee, FL. In the following documents, please find the required information that you requested. Throughout our 30+ years in municipal construction, we have been fortunate enough to expeiience and successfully built over 800 projects within the Central Florida area, including projects for City of Daytona, Volusia County, City of Orlando, Orange County, Seminole County, Osceola County, City of Deltona, Tohopekaliga Water Authority, Greater Orlando Aviation Authoiity, City of Kissimmee, Brevard County, and others. Our team's experience and skillset allow us to competitively build water & wastewater treatment facilities, booster pump stations, ground storage tanks, water mains, gravity sewer mains, lift stations & many other heavy civil projects in and around Central Flmida. We also have the capability and resources to respond quickly for our customers when requested for hutTicane response or other emergency responses. We believe in team building and paiinering with our customers to successfully design, manage, and constmct their infrastmcture projects in a manner that meets all budget, quality, and schedule requirements. We thank you for the opportunity to submit our qualifications and look forward to further developing our strong relationship. Charles J. Brackett III President/CEO Our People Make the Difference with Pride, Integrity and Quality 11000 Jetstream Dr.Orlando, FL 32824 I Phone: 407.856.8180 Fax: 407.856.8182 I primeconstructiongroup.com Page 441 of 668 CONSTRUCTION GROUP,INC. �III.Ill.Ill� GENERAL INFORMATION ABOUT COMPANY PRIME CONSTRUCTION GROUP, INC. 1000 Jetstream Drive, Orlando, FL 32824 www. primeconstructiong roup. com CGC1526668 CUC1225568 Main Office since 2000 Point of Contact: Chase Brackett , President/CEO 407-856-8180 Ext. 234 407-856-8182 Fax cb rackett@p ri meconstru ct ion. com Wyatt H. Hazy, Vice President/COO 407-856-8180 Ext. 246 407-856-8182 Fax whazy@primeconstructiongroup.com Originally Founded State of Florida Corporation Tax Identification Number April, 1, 1991 January 1, 1994 59-3210337 Litigation: Prime Construction Group, Inc. has no legal judgments nor contract default claims involving our team and associated team members. COMPANY HISTORY Prime Construction Group, Inc. (PRIME) was founded April 1, 1991. PRIME specializes in municipal construction in the areas of roadways, underground utilities and water/wastewater treatment facilities. Our overall experience also includes specialized construction of water & wastewater treatment facilities, booster pump stations, ground storage tanks, water mains, gravity sewer mains, lift stations & many other heavy civil projects in and around Central Florida. During the past 30 years PRIME has successfully constructed over 800 projects. These projects range from emergency projects of less than ten thousand dollars completed in a few days to projects greater than $35 million dollars with a contract time of more than two years. PRIME has the ability to perform construction management services or general contracting to manage long range projects as well as emergency/rapid response projects without any difficulty in scheduling crews or equipment. We are proud of the close relationships we have developed with many local municipalities over the years. These relationships have been developed out of the fine character and workmanship of our employees and management. Our philosophy has always been to construct the project timely, efficiently and safely while delivering a completed project which exceeds the owner's expectations. Page 442 of 668 CONSTRUCTION GROUP,INC. ,,I I I I I I I I I� Proiect Approach PRIME'S Approach to City of Ocoee CMAR Floral Street Improvements This project involves the installation of new gravity sanitary sewer and replacement and upgrades to the potable water system in the Floral Street, Cumberland Ave and Sills Alley area of Ocoee. This neighborhood is located near city hall, Ocoee Middle School and the central business district. Scheduling and coordinating the construction activities to ensure residence, businesses and school traffic are maintained each day in a safe and secure manner will be one of the top priorities of our team. The reconstruction of the brick and asphalt street along with the curb and ADA compliant sidewalk will also be a priority to ensure the finished product is in conformance with the City's standards and surrounding streetscape improvements. Our team will conduct a constructability review to ensure the most effective construction methods are implemented in the design & permitting phase of the project. This includes identifying all existing underground infrastructure, soil and groundwater conditions, and conforming with the city's long-term master plan of future development and infrastructure. The overall construction phasing initially appears that the project should be constructed by street blocks starting at Floral Street with the new gravity sewer followed by the potable watermains and streetscape reconstruction. Ensuring FDEP underground clearances, pressure testing regularly, sanitation and flushing, quality as-built drawings and FDEP clearances will be critical to completing each phase timely and allow work to progress to the next segment in an orderly manner. Early and regular communication between the City, Hazen & Sawyer, Prime, the residents, and businesses will be important to establish expectations and communication strategy to keep everyone informed of the construction schedule and progress. Once selected our team will engage with the City's staff assigned to the project as well as the staff from Hazen & Sawyer to get up to speed on the projects status. We will develop a CPM schedule to identify all major preconstruction activities including design development, permitting, subcontractor/trade engagement, budget development, city's events schedule, maintenance of traffic needs, material procurement and construction sequence schedule. Working on a regular basis with the team and maintaining accountability for all parties is critical to completing the preconstruction phase resulting in a Guaranteed Maximum Price (GMP) and detailed construction schedule that has taken into account all critical factors. Safety of the public and our workforce is the first and highest priority each day. Prime is a "Safety First" culture company which includes training, up-to-date certifications, regular safety meetings, and jobsite audits. Every employee has the ability and responsibility to stop work for safety purposes. Prime's reputation is best-in-class construction of underground utilities, roadways, sidewalks and streetscape improvements. We install quality workmanship the first time and work in a partnership manner with our customers, engineers, and the general public. Page 443 of 668 CONSTRUCTION GROUP,INC. ,,,,1111111� Proiect Approach PRIME'S subcontractor quality control approach. PRIME'S process for ensuring quality of completed subcontract work starts by prequalifying our subcontractors in a method very similar to the City's RFQ process. Subcontractors fill out a preconstruction questionnaire that includes project and character references that are checked to ensure they meet the credentials to perform the work the intend to bid and perform on. After becoming prequalified and pricing finalized, we enter into a contractual agreement that includes, but not limited to; agreed upon schedule, pass through owner contract language, contract document expectations, payment and performance bond requirement, safety program expectations and quality control and quality assurance expectations. Once the subcontractor has mobilized, our project team will have weekly progress meetings along with daily quality control/quality assurance checks to ensure the work product provided meets our high expectations of quality work. PRIME'S preconstruction cost estimating methods. PRIME uses HCSS Heavy Bid software with our vast library of historical cost that allow us to provide reliable cost predictability for our business. Knowing exactly what a project will cost to construct is imperative to stay in business for almost 30 years. After budgets are established and construction work starts, we rely on our Vista by Viewpoint accounting software to provide daily cost reports that allow us to track exactly how projects are performing daily. PRIME'S job site safety performance metric. PRIME believes and strives for zero accidents and/or incidents for our construction projects. For any project we track the following: safe work hours managed without incident, safe work hours performed without incident, days worked without incident, and safety related paperwork completion (weekly toolbox talks and job hazard analysis). PRIME'S job site controls regarding damage to existing infrastructure adversely affecting neighboring properties and/or occurring after business hours. PRIME'S process for managing existing infrastructure starts by doing preconstruction surveys of all areas within and adjacent to the work areas. Prior to work starting we communicate our work and proposed schedule to inform all identified resident stakeholders so they will not be surprised when the jobsite is mobilized. Upon mobilization several additional measures can be used including but not limited to; vibration analysis, physical barriers at the right of ways, continuous survey and timely jobsite restoration measures. Page 444 of 668 MARK ALLEN DIRECTOR OF PRECONSTRUCTION AND IT ZACK FIELDS ESTIMATING ASST. KEYON BROWN SUPERINTENDENT STEVE VERHOEST FOREMAN ANDRES NIEVES FOREMAN RED=STAFF ASSIGNED TO PROJECT CHASE BRACKITT CHIEF EXECUTIVE OFFICER NAYDA HERNANDEZ HR MANAGER MARICE BROWN SUPERINTENDENT KAREN FIELDS CONTROLLER THERESA LUPFER AP/AR MANAGER JAEL TORRES II HARVEY GLADDEN I I FOREMAN FOREMAN EXCAVATOR OPERATOR (11) PRIIIE CONSTRUCTION GROUP,INC. ,,. .I .I ..I .I .I ..I.I..,..,,,,,,,_ ORGANIZATIONAL CHART February 24, 2023 KYLE BROOKS ISRAEL RAMIREZ SUPERINTENDENT CHANCE TUBB FOREMAN JONATHAN HERNANDEZ MA J. RYAN WINSLOW PROJECT MANAGER JENNIFER MONTGOMERY PMA RANDY WEST SUPERINTENDENT KENNETH LANE KELII KA-NE FOREMAN FOREMAN JEFF HOLADAY SENIOR PROJECT ANAGER WYATTHAZV CHIEF OPERATIONS OFFICER ASMA BOUKADOUM PROJECT MANAGER LORA-ANN MCMILLAN JOSHUA BAKER SUPERINTENDENT JAVIER MENDEZ FOREMAN PAESSA HOLLEY FOREMAN [ ) [UNIVE � l PIPELAYER JLOADER OPERA TOR OPERATOR (7) (1) (10) KIM ALLEN EQUP. / PAYROLL ADMIN [ GLENN BOWCOTT SUPERINTENDENT MIKE MORRIS FOREMAN LABORERS (22) ) RANDY WHITING SHOP MANAGER SHOP MECHANICS DEMICA HOLLEY BRYAN BERRIOS DRIVERS JOHN CHRISTIAN GLYNE CHARLES SUPERINTENDENT OPEN NICCO SMITH FOREMAN Page 445 of 668 WYATT H. HAZY CONSTRUCTION GROUP,INC. ,,-111111.1.11� PRIME CONSTRUCTION GROUP, INC., Orlando, Florida 2014 -Present COONice-President: Responsibilities include overall accountability for all Construction Management, Field Operations and full service Equipment Department. Ensures projects have the proper manpower, equipment and resources to successfully complete the work safely and within the contract requirements and local and state building code compliance. Provides expertise and guidance to operations management team that is consistent with the values and goals Prime Construction Group has established; continually listening to our employees and customers on how we can improve our effectiveness and management of our ongoing projects. Leads the company's safety committee and ensures all safety policies and procedures are in OSHA compliance and are implemented and followed by staff on a daily basis. Training and develop is one of Wyatt's passions and he leads and mentors staff as they advance in their career through our training and development program. RECENT AND/OR NOTABLE PROJECT EXPERIENCE: •TOHO Wifia LS 42-47P & 54P Basins GS Rehab•Orange County, Winter Garden-Vineland Rd. (CR 535) Force Main Replacement•Orange County, Gravity System Improvement Package #10•Orange County, Y15-779 County Rd. 545-Avalon Rd. Culvert Replacement•Seminole County, Soldier Creek Reg. Nutrient Removal. Stormwater Treatment Facility JEFF HOLADAY PRIME CONSTRUCTION GROUP, INC., Orlando, Florida 2008 -Present Senior Project Manager: Directs and controls projects from contract award through contract close-out. Supports field supervision by performing plan take-offs, acquiring subcontractors, vendors and materials, and providing administrative functions required on contract-related issues. Create and update projects schedules in collaboration with Superintendents and disseminates schedules information to project owners and company personnel. Budgets projects and forecast costs to predict overall financial outcome. RECENT AND/OR NOTABLE PROJECT EXPERIENCE: •GOAA, Brightline Tunnel Interior Drainage Repairs•OUC, Division Avenue Water Main Replacement•TOHO, Michigan Ave Force Main Replacement/Ascot Water Main Ext.•Orange County, Y19-709 Western Regional Water Supply lmprov Ph 3B•City of Orlando, Lift Station #08, #30, 47 and #77•City of Tavares, Downtown CRA Area A SW Treat Improvements•TOHO, Osceola Parkway 20" Force Main Extension•City of Orlando, GOAA Hangars 407 & 431 Fire Protection Source Water Conversion•TOHO, Highlands Gravity Sewer & Water Main Replacement Page 446 of 668 GILBERT VINCENT CONSTRUCTION GROUP,INC. �IIIIIIIII� PRIME CONSTRUCTION GROUP, INC., Orlando, Florida 2008 -Present Project Manager: Directs and controls projects from contract award through contract close out. Supports field supervision by performing plan take-offs, acquiring subcontractors, vendors and materials, and providing administrative functions required on contract-related issues. Create and update projects schedules in collaboration with Superintendents and disseminates schedules information to project owners and company personnel. Budgets projects and forecast costs to predict overall financial outcome. RECENT AND/OR NOTABLE PROJECT EXPERIENCE: •City of Ocoee, Downtown Master Stormwater Pond and Park•Orange County, OC Clarcona Ocoee Force Main Replacement•Eatonville Park Master Lift Station Replacement•Orange County, PUMP STATION PACKAGE 22 IMPROVEMENTS•Orange County, Y18-792-TA PUMP STATION PKG 20 LORA-ANN MCMILLAN PRIME CONSTRUCTION GROUP, INC., Orlando, Florida 2018-Present Administration Assistant, Project Management: Provide support to the Project Manager, Subcontractors and Suppliers and field from contract award through contract closeout. Setup jobsite office, call in locates, attend project meetings, route submittals, pay applications, subcontracts electronically and paper. Prepare owner contracts, bonds and insurance for execution. Manage any and all correspondence relating to the project. Assist Project Manager in the materials and subcontract buyout process. Generate Operation and Maintenance Manuals at contract closeout. JOHN HERNANDEZ PRIME CONSTRUCTION GROUP, INC., Orlando, Florida 2022-Present Administration Assistant, Project Management: Provide support to the Project Manager, Subcontractors and Suppliers and field from contract award through contract closeout. Setup jobsite office, call in locates, attend project meetings, route submittals, pay applications, subcontracts electronically and paper. Prepare owner contracts, bonds and insurance for execution. Manage any and all correspondence relating to the project. Assist Project Manager in the materials and subcontract buyout process. Generate Operation and Maintenance Manuals at contract closeout. Page 447 of 668 RANDY WEST CONSTRUCTION GROUP,INC. �I .I.I I.I.I.I .I I� PRIME CONSTRUCTION GROUP, INC. Orlando, Florida 2010 -Present Superintendent: Responsibilities include the supervision, coordination and execution of Field Operation for all assigned projects from contract award to completion including direction of the personnel, material procurement and management, budget allocation for project, and overseeing of all day-today operations for the project. RECENT AND/OR NOTABLE PROJECT EXPERIENCE: •City of Ocoee, Downtown Master Stormwater Pond and Park•TOHO, San Remo Gravity Sewer Rehab•City of St. Cloud, POLISHER UNIT IMPROV WATER TREATMENT PLANT 4•Orange County, Gravity System Improvement Package #10•City of Tavares, Downtown CRA Area A SW Treat Improvements•Orange County, Y15-779 County Rd. 545-Avalon Rd. Culvert Replacement•TOHO, Gravity Sewer Rehab. Replacement Phase 1 & 2 ISRAEL RAMIREZ PRIME CONSTRUCTION GROUP, INC., Orlando, Florida 2019 -Present Project Superintendent: Responsible for supervision of all field operations on assigned projects. Provide over all leadership for on-site field administration, supervision and technical management for all construction operations, including supervision of assistants, foremen, subcontractors, vendors and other construction personnel. Ensure certain high standards for quality, scheduling, safety, budget and customers satisfaction are met. Work with PM and assist with construction methods and techniques and the project schedule. Procure construction materials and equipment, handle safety planning and implementation. RECENT AND/OR NOTABLE PROJECT EXPERIENCE: •City of Casselberry, Howell Park Water Treatment Plant Rehabilitation•Orange County Utilities, Western Regional WTP 3MG GST & Well House Addition•OUC, Division Avenue 20" Water Main Replacement•City of Deltona. Eastern Waste Water Facility Membrane addition and Plant Modifications Page 448 of 668 CONSTRUCTION GROUP,INC. ,,Ill II I.I.I.I� MARICE BROWN PRIME CONSTRUCTION GROUP, INC., Orlando, Florida 1999 -Present Superintendent: 2009 to Present: Responsible for the supervision, coordination and execution of Field Operations for all assigned projects from contract award to completion; direction of the personnel; material procurement and management, budget allocation for project, and overseeing daily operations for the project. Foreman: 1999 to 2009: Responsible for directly supervising and coordinating the daily tasks and activities of laborers, pipe layers, leads, operators, and other similar positions in a manner which ensures high quality workmanship, efficiency, employee satisfaction, morale, communication, teamwork and pride. The Foreman may engage in the work of the crews they supervise when necessary. RECENT AND/OR NOTABLE PROJECT EXPERIENCE: •Orange County, Clarcona Ocoee Force Main Replacement•Orange County, Y19-709 Western Regional Water Supply lmprov Ph 3B•TOHO Oakwood Drive Gravity Sewer Rehabilitation Project•Seminole County, Soldier Creek Reg. Nutrient Removal. Stormwater Treatment Facility•City of Orlando, GOAA Hangars 407 & 431 Fire Protection Source Water Conversion•Orange County, Y13-7017 Regency Industrial Park Culvert Improvement KYLE BROOKS PRIME CONSTRUCTION GROUP, INC., Orlando, Florida 2020 -Present Project Engineer: Responsibilities include on-site document management, field coordination; documentation, submittal reviews, managing RFl's, drawing logs, subcontractor coordination, quality control; daily safety inspections, weekly schedule updates and cost control. RECENT AND/OR NOTABLE PROJECT EXPERIENCE: •Orange County, Southwest Service Area Water Pumping Station and Avalon Road Master Pump Station•Orlando Fuel Facilities LLC, T-1734 100k-BBL Tanks 328 & 329 Project-Phase 2•City of Casselberry, Howell Park WTP Rehabilitation Page 449 of 668 MARK ALLEN CONSTRUCTION GROUP,INC. ,, I I I I I I I I I� PRIME CONSTRUCTION GROUP, INC., Orlando, FL 2000 -Present Director of Preconstruction: 2014 to Present: Responsible to pursue new contract opportunities through hard bid, cost plus, design-build or other negotiated contract methods. Works closely with operations team to ensure sufficient backlog for available resources within the organization. Manages the estimating department staff working with team of estimators and assistants to maintain a high degree of subcontractor / vendor engagement, including MWBE, DBE, LDBNBE business partners, to ensure best in class pricing and a high level of accuracy for all bid packages. Works with various municipalities programs to ensure compliance with all contract requirements. Works closely with project managers and clients to provide creative solutions and detailed pricing of alternate construction methods. Upon award of new contracts, works closely to se amlessly transfer preconstruction information to operations team assigned to building each project. Information Technology Manager: 2006 to Present: Analyze, plan, coordinate, and direct the information and computer-related activities of the Company from an operational and strategic perspective. Demonstrate how information technology can be used as a competitive tool that not only cuts costs but also increases revenue and maintains or increases competitive advantage. Evaluate and recommend hardware and software enhancements based on the needs of the business, negotiate the best pricing and service agreements, administer their installation and properly train Company personnel on their full use. Ensure the availability, stability, integrity and security of data and information technology services at all times. ZACHARY FIELDS PRIME CONSTRUCTION GROUP, INC., Orlando, Florida 2019 -Present Preconstruction Coordinator 2021-Present: Manage and develop request for quotation lists for upcoming projects to bid. Organize and maintain active licensing for Prime Construction Group including Insurance, Business Tax Receipts, General Contracting License, municipality licensing. Produce responsive bid packages by compiling required information requested by bid owners. Coordinate with all estimators for needs on getting quotes for full scope coverage on every bid. Maintain and organize the contact database for Prime Construction, assist ongoing projects by providing contacts and being knowledgeable for the ongoing operations of all contacts in Prime Construction's database. Find and present new and upcoming bids by browsing all formats of bid acquisition daily and present the estimating department with new bids to pursue. Project Management Coordinator: 2019-2021 Communicate with stakeholders regarding project needs and goals. Contribute to the planning and development of projects. Support the coordination of management of projects: prepare owner contracts, bonds and insurance for execution. Assist project manager in the material and subcontract buyout process. Page 450 of 668 WIP PRIME CONSTRUCTION GROUP, INC. SCHEDULE OF JOBS IN PROGRESS AS OF JAN. 31, 2023 TOTAL PROJECT START PERCENT ESTIMATED JOB# PROJECT NAME CONTRACT COMPETION OWNER NAME ($) DATE COMPLETED DATE 21789 OC-Wekiwa Sprinas Septic Tank Retrofit Project Phase 1 $ 7,688,000.00 6/28/2021 70.00% 7/31/2023 Oranqe County 21790 Melbourne-Riter Backwash Drain Improvements the JAB Water Treatment Plant $ 1,641,727.27 6/28/2021 90.00% 4/30/2023 City of Melbourne 21791 Toho-Lift Station 57 SW Quad Gravity Sewer Rehabilitation $ 6,143,634.73 5/24/2021 90:00% 4/30/2023 Tohopekaliaa Water Authority 21796 Deltona-Phase 4B Lake Monroe Intake, Pump Station & Raw Water Trans $ 7,806,309.95 11/29/2021 15.00% 3/30/2024 City of Deltona 21797 Ocoee-Downtown Master Stormwater Pond & Park $ 7,677,046.85 9/13/2021 90.00% 4/30/2023 City of Ocoee 21798 Toho-Lift Station 1 P W Industrial Lane Gravity Sewer Rehab $ 2,922,828.43 9/20/2021 80.00% 5/30/2023 Tohopekaliaa Water Authority 21799 OC-SW Service Potable Water Storaae & Repump Facilitv & Avalon Road MPS $18,133,200.00 12/21/2022 50.00% 3/26/2024 Oranae County 21802 QC-Utilities Scada Panel UParades Package 2 $ 2,973,973.00 2/14/2022 85.00% 4/30/2023 Oranqe County 21803 QC-Pump Station Improvements Packaqe 40 $ 1,976,000.00 4/25/2022 6.73% 12/31/2023 Oranae County 21804 QC-Pump Station Improvements Packaae 32 $ 3,935, 190.00 3/14/2022 5.69% 6/30/2024 Oranqe County 21805 Toho-LS 97 Formosa Gardens Gravity Sewer Rehabilitation $ 4,738,934.00 2/9/2022 33.73% 9/30/2023 Tohopekaliqa Water Authority 22810 Deltona-Eastern WRF Membrane Addition & Modifications $ 2,419,000.00 11/7/2022 4.61% 11/8/2023 City of Deltona 22811 OC-Y22-797 Addition of VFD's for Water Supplv Facilities-Oak Meadows & Hidden Sprinas $ 5,969,690.00 11/21/2022 1.31% 3/30/2024 Oranae County 22815 QC-Force Main South Area Package 1 $ 3,555,555.00 12/8/2022 0.97% 12/8/2023 Orange County 22817 QC-Electrical System at Master Pump Station F3146 (Rouse Road North) $ 3,000,000.00 10/7/2022 0.97% 3/30/2024 Oranqe County 22818 OC-36" Gravity Main Replacement South Water Reclamation Facility $ 3,500,000.00 10/7/2022 11.09% 12/31/2023 Oranae County 22819 Tavares-2022-0015 Woodlea Rd Utility Extensions $ 3,977,564.00 12/1/2022 1.06% 4/30/2024 City of Tavares 22824 QC-Pump Station Improvements Packaqe 42 3,525,525.00 3/2/2023 1.00% 3/31/2024 Oranqe County 23827 QC-Hoffner Wall SR 15 1,274,000.00 5/1/2023 1.00% 9/30/2023 Oranae County Page 1 Page 451 of 668 P 1111 CONSTRUCTION GROOP,INC. ,..,,,,.,,,.,,� "Our People make the difference with Pride, Integrity and Quality" Completed Projects within the last 5 years (partial): Job# Project Name 20776 Longdale Septic Abatement Project � Water D Drainage � Sewer � General Civil Owner: City of Longwood 907 E. SR. 434 Longwood, FL Contact: Telephone: E-Mail: Scope of Work Andrew Marsian (407) 263-2378 amarsian@longwoodfl.org Engineer: Project Amt $3,489,000 NTP 12/7/2020 BFA Environmental Consults 1230 Hillcrest Street, Suite 100 Orlando, FL 32803 Contact: Najee Hunter Final Contract $3,638,110 Final Completion 5/6/2022 Telephone: E-Mail: (321) 332-1114 nhunter@bfaenvironmental.com This contract comprises the construction of the wastewater collection and transmission system. 1.Installation of approximately 8,900 feet of 8-inch PVC gravity sanitary sewer, 38 sanitary sewer manholes and all necessary fittings and incidentals to complete the wastewater system via open cut construction method. The installed gravity sewer system, consisted of 4600 LF at O' -8' deep, 2400 LF at 8' -12' deep and 1900 LF 12 -16'. 38 manholes installed throughout the various depths. MOT was setup to ensure safety and to reduce the impact the residents as much as possible. Residential driveways and walks were reconstructed as required. Disruption of the roadway was kept to a minimum via mixing and creating stabilized subgrade and base, in place and onsite. Approximately 12,000 SY of asphalt was milled paved as part of the roadway restoration. 2. Installation of approximately 220 sanitary sewer lateral services (a mix of doubles and singles) to existing residential buildings on private property including all necessary piping, valves, fittings and incidentals to connect all homes as shown on the Drawings. After installation, restoration was completed to original or better conditions. 3.Abandonment and demolition of approximately 225 existing septic tanks on private property. Each homeowner agreement was made and each permit completed -work was completed by state licensed plumber. 4.Installation of one 6' duplex pump station (24' deep) and all necessary structures (valve vault), equipment, accessories, utility service connections, site work, electrical and instrumentation, start up and testing as shown on the Drawings. Pumps were 7.5 HP (VFD). Site improvements included, fencing, gates, bollard, stone coverings, misc. concrete pads, new water service and an antenna with a new RTU panel. 5. Installation of 1,650 feet of 6-inch PVC wastewater force main and all necessary fittings, valves, connecting to existing piping and incidentals as required. Page 452 of 668 IIIE CONstRIJCTIOM GROUP. IMC. ,,.., II I.Ill.I.IA "Our People make the difference with Pride, Integrity and Quality" Completed Projects within the last 5 years (partial): Job # Project Name 19017 KIEWIT GOAA STC AIRFIELD CIVIL 104205 GREASE TRAPS Project Amt $1,242,000 NTP 3/1/2020 D Water D Drainage � Sewer � General Civil Owner: Kiewit Infrastructure South Co. 450 Dividend Dr. Peachtree City, GA 30269 Contact: Telephone: E-Mail: Scope of Work David Augello (410)610-1044 david.augello@kiewit.com Engineer: Kiewit Infrastructure South. Co. 450 Dividend Dr. Peachtree City, GA 30269 Contact: Telephone: E-Mail: David Augello (410) 610-1044 Final Contract $1,250,012 Final Completion 10/22/2020 Project consisted of the installation of 44 precast grease traps various groupings prior to the installation of concrete apron pavement. All traps were plumbed with PVC interior piping and then piped to the terminal building and stubbed up. Each group of traps were connected in seriers then connected to existing sanitary sewer. Each precast trap was approximately 1 O' x 8' x 6' and weighed 20 tons. Addtionally 2 oil water sepeartors were installed. Job # Project Name 19015 Eatonville Park Master Lift Station Replacement D Water D Drainage � Sewer � General Civil Owner: Town of Eatonville 307 E. Kennedy Blvd Eatonville, FL 32751 Contact: Telephone: E-Mail: Scope of Work Rhonda Anderson (407) 623-8900 randerson@townofeatonville.or Engineer: CPH Inc. Project Amt $748,000 NTP 1/1/2020 Final Contract $748,000 Final Completion 9/25/2020 1117 E. Robinson St. Orlando, FL 32801 Contact: Telephone: E-Mail: Scott Breitenstein (407)425-0452 sBreitenstein@cphcorp.com Installation of new master lift station for the town of Eatonville. Station was 1 O' diameter, 20' deep with duplex 25HP submersible pumps, 1 O" SS discharge, flowmeter and 125kw emergency generator with fuel tank. 150 If of new 8" gravity sewer was installed to redirect sewer to new lift station site. Other site improvements included new chain link fencing, double s'l'v'ing gates, concrete drive way, stone ground cover, area lighting and restoration of approx. 800 sy of roadway and the surrounding neighborhood park. Existing lift station was demolished upon completion of new lift station. All work completed without shutdown Page 453 of 668 "Our People make the difference with Pride, Integrity and Quality" Completed Projects within the last 5 years (partial): Job# Project Name 19009 Casselberry Howell Park WTP Rehab � Water D Drainage D Sewer � General Civil Owner: City of Casselberry 95 Triplet Lake Drive Casselberry, FL 32707 Contact: Telephone: E-Mail: Scope of Work Tara Lamoureux (407) 262-7725 tlamoureux@casselberry.org Engineer: Project Amt $2,750,000 NTP 1/26/2020 Final Contract $2,956,740 Final Completion 4/26/2021 CPH Engineers 117 East Robinson Street Orlando, FL 32801 Contact: Telephone: E-Mail: Scott Breitenstein, PE (407) 425-0452 SBreitenstein@cphcorp.com The project consisted of the demolition of several items including existing buildings and office, yard piping, pumps, chemical skids and tanks, flow meters, fuel tank and piping, fencing, landscaping, and electrical and instrumentation equipment. The construction of a New Chemical Building -including plumbing, lighting, HVAC, fixtures, roofing system, safety equipment, concrete formwork, and painting. The construction of a New High Service Pump, Electrical, and Operations Building - including pulling building permits, plumbing, lighting, HVAC, cabinetry, bathroom fixtures, roofing system, safety equipment, concrete formwork, and painting. The construction of new site piping to include water main and distribution systems to include flow meters, vales and fittings. Various site improvements to include Site Restoration, Sodding, Fencing/Wall, Landscaping, Access Driveway, Access Gate, and Detector Loop. Equipment furnished and installed including; new HSP's, New Orthopolyphosphate System -Including chemical skids, piping, and injection points; Pre and Post Cl2 System -including chemical skids, piping, injection points, and chemical storage tanks; Fuel Oil Piping for Relocated Fuel Tank; grinder pump station and associated piping, including connection to off-site manhole. The project also included; Furnish and Install grinder pump station and associated piping, including connection to off-site manhole; Furnish and Install Coaling System -Including all piping, fillings, valves, and pumps; Furnish and Install Coaling System for exterior of 0.25 MGD Ground Storage Tank and 0.5 MGD Ground Storage Tank; Rehabilitate 0.25 MGD Ground Storage Tank and 0.5 MGD Ground Storage Tank. Clean, furnish and install coating system for interiors of both ground storage tanks. Minor screen and level gauge. Also included; New Electrical System including main breaker, ATS, Panel P1, VFDs, MCCs, transformer, disconnect switches, circuit breaker enclosures, starters, panelboards, shunt trips, all conduits and wire for a complete electrical system, and electrical testing. New complete SCADA system fully integrated into the City System. Plant remained in use during construction. Job # Project Name 19008 San Remo Gravity Sewer Rehab D Water D Drainage � Sewer � General Civil Owner: Toho Water Authority 951 Martin Luther King Blvd. Kissimmee, FL 34741 Contact: Telephone: E-Mail: Scope of Work (407) 944-5025 geverso le@tohowater.com Engineer: Tetratech Project Amt $4,695,876 NTP 7/23/2019 Final Contract $5,428,620 Final Completion 11/8/2021 201 E. Pine St. Ste 1000 Orlando, FL 32801 Contact: Telephone: E-Mail: Janine Alexander (321)388-5178 janine.alexander@tetratech.com The project was to upgrade / repair residential sewer systems and water systems. The project consisted of CIPP lining of 8" (7793 LF) 10" (1685 LF) and 12" (800 LF) sewer lines, gravity point repairs of approximately 500 LF of 8" 10" and 12" pipe, the installation of approximately 1200 LF of new 8" gravity sewer and the repair of 11 manholes fro 10' to 20' deep (as well as 350 VF of linings / coatings). Project required other utilities to be relocated road restorations, milling and paving operations. Project was in a residential neighbor, local MOT required. Page 454 of 668 COHstRUCllON GROUP,INC. r II I I I II.I I,'-"Our People make the difference with Pride, Integrity and Quality" Completed Projects within the last 5 years (partial): Job # Project Name 19003 Michigan Ave Force Main ReplacemenUAscot Water Main Ext. Project Amt $602,930 NTP 3/6/2019 Final Contract $580,255 � Water D Drainage D Sewer � General Civil Owner: Toho Water Authority 951 Martin Luther King Blvd Kissimmee, FL Contact: Telephone: E-Mail: Scope of Work George Eversole (407)944-5024 geversole@tohowater.com Engineer: CPH, Inc. Final Completion 8/11/2019 117 East Robinson St. Orlando, FL Contact: Telephone: E-Mail: James R. Morris (407)425-0452 jmorris@cphcorp.com Construct Approx 205 ft of 8" PVC force main by open cut and 1315 ft of 8" HDPO:y horizontal directional drill in an existing neighborhood, and 120 ft of 8" water main by horizontal direction drill along Ascot Court. Job # Project Name 18013 Oakwood Drive Gravity Sewer Rehabilitation Project D Water D Drainage � Sewer Owner: D General Civil Toho Water Authority 951 Martin Luther King Blvd Contact: Telephone: E-Mail: Scope of Work George Eversole (407) 518-2377 geversole@tohowater.com Engineer: Tetratech Project Amt $1,183,940 NTP Final Contract $1,202,231 Final Completion 951 Martin Luther King blvd Contact: Telephone: E-Mail: Janine Alexander (321) 388-5178 janine.alexander@tetratech.com Replace 915' of combined of 8" & 18" Gravity Sewer, at approximately 16' deep. Replace of a subdivision wall section over gravity sewer main. Rehabilitation of 1600' of 15"-24" Gravity Sewer Lining. Replace (3) Gravity Sewer Manhole & Rehabss, and (5) Gravity Sewer Manhoes. Page 455 of 668 p CONSTRUCTION GROUP. INC. J'.IIIIIIIII-' "Our People make the difference with Pride, Integrity and Quality" Completed Projects within the last 5 years (partial): Job # Project Name 18012 Y18-792-TA PUMP STATION PKG 20 D Water D Drainage � Sewer D General Civil Owner: Orange County Utilities 9150 Curry Ford Rd. Orlando, FL 32825 Contact: Telephone: E-Mail: Scope of Work James Montalvo (407) 506-2120 jam es. montalvo@ocfl.net Engineer: Project Amt $2,199,303 NTP 3/25/2019 CPH Engineers 1117 E. Robinson St. Orlando, FL 32801 Contact: Scott Breitenstein Final Contract $2,252,641 Final Completion 5/3/2020 Telephone: E-Mail: (407) 425-0452 sBreitenstein@cphcorp.com Project Consisted of 5 Orange County standard lift stations. 4 Rehab stations and one new. The rehab consisted of various site improments to include concrete work, stone coverings, fencing and piping. In addition the wet wells were lined with FRP liners and re-plumbed per the county standards. Plumbing included new base plates, stainless steel risers and pumps from 5 to 12 HP, operated on new electrical systems utilizing VFDs and tied into the county wide SCADA system. The new station was 6' in diameter and approximately 20' deep. By passing of the stations were required. Job # Project Name 18005 OC PUMP STATIONS PACKAGE 18 D Water D Drainage � Sewer D General Civil Owner: Orange County Utilities 9150 Curry Ford Rd. Orlando, FL 32825 Contact: Telephone: E-Mail: Scope of Work James Montalvo (407) 506-2120 james.montalvo@ocfl.net Engineer: CPH Project Amt $1,994,240 NTP 10/4/2018 Final Contract $2,068,896 Final Completion 10/28/2019 1117 E. Robinson St. Orlando, FL 32801 Contact: Telephone: E-Mail: Scott Breitenstein (407)425-0452 SBre ite nstein@cphcorp .com Project Consisted of 5 Orange County standard lift stations all were Rehab stations. The rehabs consisted of various site improments to include concrete work, stone coverings, fencing and piping. In addition the wet wells were lined with FRP liners and re-plumbed per the county standards. Plumbing included new base plates, stainless steel risers and pumps from 5 to 12 HP, operated on new electrical systems utilizing VFDs and tied into the county wide SCADA system. By passing of the stations were required. Page 456 of 668 CONSTRIJCTIOM. GROU�lltC. Y II I I.I II I IA "Our People make the difference with Pride, Integrity and Quality" Completed Projects within the last 5 years (partial): Job # Project Name 18002 Y18-736 Pump Stations Package 5 D Water D Drainage � Sewer D General Civil Owner: Orange County Utilities 9150 Curry Ford Rd Orlando, FL 32825 Contact: Telephone: E-Mail: Scope of Work James Montalvo (407) 506-2120 james.montalvo@ocfl.net Engineer: CPH, Inc. Project Amt $1,749,479 NTP 7/19/2018 Final Contract $1,825,218 Final Completion 8/12/2019 1117 E. Robinson St. Orlando, FL 32801 Contact: Telephone: E-Mail: Scott Breitenstein (407) 425-0452 sbreitenstein@cphcorp.com Project includes Construction of a new duplex pump station with a new wet well to replace an existing pump station that will be demolished. Improvements will be made to the station including installation of liners in wet wells, replacement of pumps (greater than 5 HP), riser and discharge, electrical systems, and improve site access and security. Emergency generator install, 40 KW. Job # Project Name 17720 Gravity System Improvement Package #10 D Water D Drainage � Sewer D General Civil Owner: Orange County Utilities 9150 Curry Ford Road Orlando, FL 32825 Contact: Telephone: E-Mail: Scope of Work James Montalvo (407) 506-2120 james.mon talvo@ocfl.net Engineer: CPH, Inc. Project Amt $4,844,776 NTP 10/10/2017 Final Contract $5,043,580 Final Completion 12/31/2019 1117 East Robinson St. Orlando, FL 32801 Contact: Telephone: E-Mail: Scott Breitenstein (407) 425-0452 sbreitenstein@cphcorp.com Installation of 3,291 LF of 8" Gravity Sanitary Sewer, 2,800 LF of 4" Sanity Sewer Force Main, 38,000 LF of 8" and 1 O" GIPP Liner, 4,046 LF of 4"-8" Potable Water Main and Replacement of two (2) duplex and one (1) triplex pump station. Project inclued the removal and replacemnt of 14 sewer manholes of various depths from 10' to 16'. Several manole rehabiltaions were required. 21 sewer laterals were removed and replaced. Several elements were preformed inside the FOOT right of way. The above referenced 3,291 LF of 8" Gravity Sanitary Sewer was installed via the open cut method. Page 457 of 668 "Our People make the difference with Pride, Integrity and Quality" Completed Projects within the last 5 years (partial): Job # Project Name 17719 Lift Station #08, #30, 47 and #77 D Water D Drainage � Sewer D General Civil Owner: City of Orlando 400 South Orange Avenue Orlando, FL 32801 Contact: Telephone: E-Mail: Scope of Work Kristi Fries (407) 246-2291 krisli na. fries@cityoforland o. net Engineer: Project Amt $2,146,776 NTP 3/16/2018 City of Orlando 400 South Orange Avenue Orlando, FL 32801 Contact: Telephone: (407) 246-2291 E-Mail: Final Contract $2,277,142 Final Completion 12/26/2018 Furnish and install lift station #08, #30, #47 & #77 including demolition of existing, tree removal/trimming, sanitary sewer piping, electrical service, control panels, instrumentation, RTU communication, grounding, wet well construction, jack and bore trenchless pipe installations underneath the CSXT railroad crossing and silver star road at lift station 77 location, horizontal directional drilling at lift station #08 location. Removed existing wet well structure tops and installed a manhole cone, frame and cover (wet well conversion to a manhole), installed manholes, installed pipes, bypass pumping, plugging and filled abandoned pipes. Furnished and installed new pumps, valves and controls, concrete slabs, curbs and driveways, sodding, fences and gates, erosion and sediment control, MOT. Returned salvaged equipment to the wastewater storage yard, prepared as-built survey drawings. Change order that included the installation of one 40 KW enclsosed emergency generator Job # Project Name 17718 Y17-770 Pump Station Package#14 D Water D Drainage � Sewer D General Civil Owner: Orange County Utilities 9150 Curry Ford Road Orlando, FL 32825 Contact: Telephone: E-Mail: Scope of Work Ray Rice (407)254-9900 ray.rice@ocfl.net Engineer: Neel-Schaffer Project Amt $1,054,940 NTP 12/11/2017 Final Contract $1,054,940 Final Completion 12/19/2018 125 S. Congress St. #1100 Jackson, MS, 39201 Contact: Telephone: E-Mail: Charles Hill (601) 948-3071 charles.hill@nell-schaffer.com PS 3004 -Rehabilitate an existing 15HP duplex pump station in accordance with current OCU standards, including FRP Lining 6' Wet Well 30' Deep, concrete access drive, fencing, and curbing. Remove and replace the existing 6-inch aboveground discharge piping and concrete slab. Connect the new 6-inch force main to the existing 6-inch force main at the pump station. GIPP the gravity sewer from MH30040074 to the wetwell. PS 3005 -Rehabilitate an existing 7.5HP duplex pump station in accordance with current OCU standards, including FRP Lining 6' Wet Well 20' Deep, concrete access drive, fencing, and curbing. FRP Line existing manhole 30050001. PS 3277R -Construct a new 1 0HP duplex pump station in accordance with current OCU standards, including a new 6' Wet Well 20' Deep, concrete access drive, fencing, and curbing. The existing wet well was converted by removing the pumps and appurtenances and filling in the lower portion of the wet well and coring the wet well to provide a new 8-inch gravity sewer to the master manhole for the new pump station. Construct a new 4-inch force main from the new pump station to the existing 4- inch force main on Falling Leaf Lane Page 458 of 668 p I CONSTRUCTIOk GROUP,INC. ,-I I I I I I I I I"' "Our People make the difference with Pride, Integrity and Quality" Completed Projects within the last 5 years (partial): Job# Project Name 17716 Pump Station Improvements -PS3187R, PS 3951, PS3586, Project Amt $1,248,776 NTP 8/15/2017 Final Contract $1,288,879 D Water PS3278 -Pkg 6 D Drainage � Sewer Owner: Orange County Utilities 9150 Curry Ford Rd. Orlando, FL 32825 Contact: James Montalvo D General Civil Telephone: E-Mail: (407)506-2120 james.montalvo@ocfl.net Scope of Work Engineer: CPH, Inc. 1117 East Robinson St. Orlando, FL 32801 Contact: Telephone: E-Mail: Scott Breitenstein (407)425-0452 Final Completion 10/3/2018 PS3187R -Lake Berge: Omo existing tab slab, convert wet well to Manhole and Line, grout abandon 4" FM, F&I new Wet Well, Valve Vault, pumps and associated piping, control panels and assocated electrical equipment, F&I 50' Scada pole, F&I 28LF 8" PVC Gravity Main, Install 257LF new 4" PVC FM; duplex, 23", 300 GPM, 5 HP, 6' diameter wet well & 13'57" depth. PS3951 Colonial Landings -Remove & replace existing valve vault and associated 6" discharge pipe, fittings & valves, remove and upgrade control panel and electrical components, remove water service and install new 2" water meter with RPZ, F&I new wet well access hatch and top slab, F&I 50' Scada Pole; duplex, 23", 338-GPM, 10-HP 6' diameter wet well & 17'16" depth. PS3586 Donny Brooke -Remove existing water service and meter, install new 2" water meter and service, remove and replace 4" discharge pipe, fittings and valves, remove and upgrade control panel and associated electrical components, F&I new wet well access hatch and top slab, replace and existing pumps with 2 downsized 122 GPM pumps and riser pipes; duplex, 23" 115 GPM, 15 HP, 8' diameter & 14 '45" depth. PS3278 Tree Ridge Lane -remove and replace existing alue fault and associated 6" discharge piple fitting and valves. Remote relocate and upgrade control panels and associated eletrical components, demo existing top slab. F&I new wet well access hatch & top slab, remove existing pumps and replace with 2 upsided 291 GPM pumps and riser pipes, remove existing water service and install new 2" water service and meter with RPZ, F&I Scada Pole: duplex, 23", 300 GPM, 15 HP, 6" diameter and & 22'55" depth. Job# Project Name 17713 H-294 S. Cell Lot Access Rd. lmprovemenst for S. Park Place & Project Amt $1,959,052 NTP 4/26/2018 Final Contract $2,196,373 D Water Travel Plaza � Drainage D Sewer Owner: � General Civil Grater Orlando Aviation Authority 1107 4 Canal Road Orlando Contact: Telephone: E-Mail: Scope of Work Benjamin Brown (407)825-4155 brown@a2qroup.com Engineer: Final Completion 3/4/2019 American Infrastructure Development, Inc. 37 n. Orange Ave. #500 Orlando, FL 32801 Contact: Telephone: E-Mail: Mark Jensen (621) 695-5061 mjansen@aidinc.us Construct new asphalt concrete paved north/south roadway west of the south Taxi/Bus Hold Lot, including stormwater pond modification, clearing and grubbing, roadway subgrade and base course. Relocation of S. Park Place entrance and exit plazas. Construction two (2) toll booths and utilities. Construction new canopies at the new S. Park Place entrance and exits, reconfigure the S. Park Place and Taxi/Bus Hold Lot entrance and exit, including geometric changes, drainage system modification. Page 459 of 668 I E COHSTROCTION GROUP,lltC. r II I II I I I I� "Our People make the difference with Pride, Integrity and Quality" Completed Projects within the last 5 years (partial): Job # Project Name 17712 CIP-0032_P Vineland Rd. Drainage Improvements D Water � Drainage D Sewer � General Civil Owner: City of Orlando 400 S. Orange Avenue Orlando, FL 32801 Contact: Mr. Howard Elkins Engineer: CDM Smith Project Amt $3,449,940 NTP 7/17/2017 101 Southhall Lane# 200 Maitland, FL 32751 Contact: Terry Simpson Final Contract $3,778,390 Final Completion 11/20/2018 Telephone: E-Mail: (407)246-2289 howard.elkin@cityoforlando.co Telephone: E-Mail: (407)622-9476 simpsont@cdmsmith.com Scope of Work Construction of a storm drainage system along the Vineland Road & Peregrine Ave., consisting of 3 LF of 12" RCP, 25 LF of 18" RCP, 3 LF of 24" RCP, 60 LF of 54" RCP, 28 LF of 60 RCP, 1,786 LF of 66" RCP, 1,426 of 72" RCP, Excavation Depth of 12', 15 manholes, 1,170 LF of Curb & Gutter, Type F, 334 LF of Curb, Type A, 880 LF of Curb, Type D, 6,637 SY of 1-1/2 asphalt pavement, 394 SY of 4" Sidewalk, MOT and 1,660 SY of sod. Job # Project Name Project Amt 711 OC Y17-722 SWRF Sodium Hypochlorite Storage & Feed System $2,764,940 � Water D Drainage NTP D Sewer � General Civil 7/10/2017 Owner: Orange County Utilities 9150 Curry Ford Road Orlando,FL 32825 Engineer: Reiss Engineering, Inc. 1016 Spring Vallas Pt. Winter Springs, FL 32708 Final Contract $2,775,868 Final Completion 12/31/2018 Contact: Telephone: E-Mail: Terra Reffitt (407)947-9802 terra.reffitt@ocft.net Contact: Telephone: E-Mail: Melanie Peckham, P.E. (407)679-5358 mdpeckham@reisseng.com Scope of Work Orange County building permit was required and obtained for the construction of Sodium Hypochlorite Storage & Feed S ystems: North System -Installation of three (3) new 15,600 gal. single-wall, vertical fiberglass reinforced plastic storage tanks under new metal roofed structure, three (3) simplex metering pump skids and one (1) triplex meting pump skid. South System -Installation of two (2) 9,900 gal. single-wall vertical fiberglass reinforced plastic storge tank under new metal roofed structure with concrete containment system, two (2) duplex metering pump skinds. Both systems include dosing points to the chlorine contact chamber and ROF controllers. Page 460 of 668 E COfCSTI\IJC TION GROUP, INC. r I.I I I .I I I.I .I� "Our People make the difference with Pride, Integrity and Quality" Completed Projects within the last 5 years (partial): Job # Project Name 695 Rio Pinar Water & Wastewater System Improvements Package 5 Project Amt $6,249,990 NTP 11/14/2016 Final Contract $6,479,632 � Water D Drainage � Sewer � General Civil Owner: Orange County Utilities 9150 Curry Ford Rd Orlando, FL 32825 Contact: Telephone: E-Mail: Scope of Work James Montalvo (407) 506-2120 james.montalvo@ocfl.net Engineer: Woolpert 11486 Corporate Blvd, Suite 190 Orlando, FL 32817 Contact: Telephone: Kent Veech (407)591-5094 Final Completion 12/9/2017 E-Mail: kent. veech@woolpert.com Installation of 23,200LF of Gravity Sewer Mains Various Sizes (8"-24") at Various Depths (6'-20'), remove & replace 90 Sewer Laterals with cleanouts, 75 Rehab Manholes, and lining of 30 Sanitary Sewer Manholes. Remove & Install of Gravity Main including 805' of 18" Gravity Sewer (16' deep) 900LF of point repairs, 35 laterals, and 11 manholes removed and replaced (depth 6' to 20'). Installation of 8,575LF of 4", 2,285LF of 6" & 5, 165LF of 8" of potable water main, 7 hydrants, 84 sidewalk ADA curb ramps, 3490 SY of 4" concrete sidewalk, 2221 SY of 6" concrete sidewalk, 140 6' concrete driveways aprons, 619 LF of curb and gutter, asphalt milling & resurfacing of roadway disturbed by construction. All construction completed within the existing Rio Pinar Neighborhoods. Several elements within and along side the FOOT ROW. The above referenced pipe 23,200 LF of 8"-24" pipe was installed via the open cut method. Job # Project Name 691 Downtown CRA Area A SW Treat Imps � Water � Drainage � Sewer � General Civil Owner: City of Tavares 201 East Main Street Tavares, FL Contact: Telephone: E-Mail: Scope of Work Phil Clark (352) 742-6485 pclark@tavares.org Engineer: ARCADIS Project Amt $5,328,306 NTP 7/13/2016 Final Contract $7,241,245 Final Completion 4/30/2019 14025 Riveredge Drive, Ste. 600 Tampa, FL 33637 Contact: Telephone: E-Mail: Sean Chaparro (813)353-5808 sean.chaparro@arcadis.com The project consisted of nearly 4,000 LF of storm collection pipe including of 1,250 LF of 24" RCP, 1,057 LF of 30" RCP, 346 LF of 36" RCP, 239 LF of 15" RCP & 44 LF of 18" RCP, 710 LF of various sized ERCP (12"x18" to 29" x 45"), 170 LF of 24" (42" casing) & 117 LF of 30" (48" casing) jack and bores,4,536 SY of brick roadway and new concrete curb & gutter the length of the project. Installation of 600 LF of gravity system (8" to 15") and redirecting the force main from the lift station (900) LF of 8" PVC) with an excavation depth of 15'. Storm pipe oul falls to the lake on one end of the downtown area and into a storm water treatment pond on the other. An 8 acre area was cleared and grubbed the storm water treatment pond was constructed of a series of cells that were specifically designed to treat the water prior to the out fall into the lake. Specific water plants were installed, along with a series of Bee Mats, a fountain, pedestrian bridge on piles, area lighting and security cameras, multiple landscape areas, park equipment and benches. Installed 4,606 LF of concrete curb (type F, D and Misc.), 31 SY of 6" concrete sidewalks and 1,016 SY of 4" concrete sidewalks. Page 461 of 668 P I E CONSTRUCllOM GROUP,1-C. ,, ..I I ..I II ..I I I I� "Our People make the difference with Pride, Integrity and Quality" Completed Projects within the last 5 years (partial): Job# Project Name 689 Southwest Rd Drainage Improvements D Water � Drainage D Sewer Owner: Seminole County 1301 East 2nd. Street Sanford, FL 32771 Contact: Stephen Miller � General Civil Telephone: E-Mail: (407)665-5654 smiller@seminolecounty.gov Scope of Work Engineer: Project Amt $1,326,834 NTP 5/9/2016 Inwood Engineers 3000 Dovera Dr., #200 Oviedo, FL 32765 Final Contract $1,351,842 Final Completion 11/22/2016 Contact: Telephone: Steven Sommerfeldt (407)971-8550 E-Mail: The Southwest Road drainage improvement project is designed to eliminate localized flooding and positive drainage to the roadway. The proposal inclused the installation of approximately 814 LF of 48" RCP, 1,585 LF of 42" RCP, 225 LF of 18" RCP, 930 LF of 43" x 68" ERCP 33 LF of 38" x 60" ERCP concete pipe with a depth of 10 feet, eleven (11) manholes and twenty (20) inlets, 1648 LF of 8" underdrain pipe, 59 LF of PVC Pipe Culvert 6" to 8". Job# Project Name 685 East Side Wastewater Improvements D Water D Drainage � Sewer Owner: Town of Eatonville 307 E. Kennedy Blvd. Eatonville, FL 32751 Contact: Katrina Gibson D General Civil Telephone: E-Mail: (407)623-8905 kgibson@townofeatonv ille.org Scope of Work Engineer: CPH, Inc. Project Amt $1,819,776 NTP 7/8/2016 Final Contract $1,915,852 Final Completion 6/3/2017 1117 East Robinson Street Orlando, FL 32801 Contact: Telephone: E-Mail: Scott Breitenstein (407)425-0452 sbreitenstein@cphcorp.com Construction includes 3,500 LF of 8" gravity sanitary sewer at a depth of 14 feet, 46 LF of 48" x 76" ERCP, 65 LF of 24" RCP, 84 LF of 18" RCP and 208 LF of 15" RCP storm sewer replacement, remove and replace 87 laterals with cleanouts, force main relocations, water main relocations, roadway restoration and replacement and lift station rehabilitation. Remove and replace 16 ea sewer manholes from 9' to 14' deep. The above referenced 3,500 LF of 8" Gravity Sanitary Sewer was installed via the open cut method. Page 462 of 668 "Our People make the difference with Pride, Integrity and Quality" Completed Projects within the last 5 years (partial): Job # Project Name 677 Y15-779 -County Rd. 545-Avalon Rd. Culvert Replacement Project Amt $1,438,665 NTP 11/30/2015 D Water � Drainage D Sewer � General Civil Owner: Orange County Utilities 400 E. South Street Orlando, FL 32801 Contact: Telephone: E-Mail: Scope of Work Shawn Logan (407) 836-5515 shawn.logan@ocfl.net Engineer: Pegasus Engineering, LLC 301 West State Rd. 343, Ste. 309 Winter Springs, FL 32708 Contact: Telephone: E-Mail: Greg A. Teague (407) 992-9160 Final Contract $1,634,165 Final Completion 11/14/2016 Removal and replacement of existing structurally deficient triple 78" CMP culverts with a prcast 9' x 5' double concrete box culverts, cast in place headwalls, installation of 1,728 SY of 7.5 to 12" Soil Cement base, 5,005 SY asphalt pavement, 363 SY of 4" concrete sidewalk, 200 SY of 6" concrete sidewalks and driveways, 270 LF of FOOT guardrail, 750 LF of corb and gutter, fencing, sod, asphalt markings and associated traffic signage. Job# Project Name 676 Westside Wastewater Improvements Eastside D Water D Drainage � Sewer � General Civil Owner: Town of Eatonville 307 E. Kennedy Blvd. Eatonville, FL 32751 Contact: Telephone: E-Mail: Scope of Work Katrina Gibson (407) 623-8905 kg ibson@townofeastonville.org Engineer: CPH, Inc. Project Amt $2,599,940 NTP 11/2/2015 Final Contract $2,733,469 Final Completion 1/4/2017 1117 East Robinson Street Orlando, FL 32801 Contact: Telephone: E-Mail: Scott Breitenstein (407) 425-0452 sbreitenstein@cphcorp.com Installation of 5,235 LF new 8' gravity sanitary sewer system, 10 LF of 24" x 36" ERCP, 21 LF of 12" x 18" ERCP, 30 LF of 18" RCP, 1 O LF of 15" RCP, 1 O LF of 12" RCP, 10 LF of 36" RCP storm water system, construction of a new lift station (duplex 21 LF deep, 8' diameter wet well) and force main to replace the existing wastewater facilities in the western service area of the town of Eatonville. Demolition of the Campus View lift station and the Katherine Avenue lift station. Restoration including removal and replacement of 13,830 SY of roadways, 10,664 LF of concrete curb, 2,973 LF of concrete sidewalk, service connection for 146 residential services. Project included the removal and replacement of 24 Manholes from 6' to 14' deep. All residential sanitary sewer laterals with cleanouts were replaced as part of the improvement (142 EA). The above referenced 5,235 of 8" gravity sanitary sewer was installed via the open cut method. Page 463 of 668 IIE "Our People make the difference with Pride, Integrity and Quality" Completed Projects within the last 5 years (partial): Job# Project Name 675 Osceola Parkway 20" Force Main Extension � Water D Drainage D Sewer Owner: Tohopekaliga Water Authority 951 Martin Luther King Blvd. Kissimmee, FL 34741 Contact: George Eversole Telephone: (407)944-5025 � General Civil E-Mail: rpelham@tohowater.com Scope of Work Engineer: Project Amt $1,089,535 NTP 11/9/2015 Final Contract $1,181,437 Final Completion 7/5/2016 Boyd Environmental Engineering, Inc. 798 Executive Dr., Ste. B Oviedo, FL 32765 Contact: Jim Boyd Telephone: (407)542-4919 E-Mail: Project consisted the construction of approximately 5,000 LF of 20" force-main. Originally designed as 2540 LF of open cut and 2100 LF of directional drill, fusible PVC. The project was completed with 2159 LF of open cut and 2660 LF of directional drill. Saving the owner additional restoration as well as reducing the required fittings. As part of this project several 20" and 24" fittings and gate valves were installed, ARVs were installed as well as miscellaneous restoration to include asphalt / concrete driveways and sod. Job# Project Name 674 CC-0194-15 Soldier Creek Reg. Nutrient Rmv. Stormwater Project Amt $6,696,716 NTP 12/25/2015 Final Contract $6,693,165 Treatment Facility GI D . D Water t,li raInage D Sewer Owner: Seminole County 100 E. First Street Sanford, FL 32771 Contact: Stephen L. Miller � General Civil Telephone: E-Mail: (407)665-5654 smiller02@seminolecountyfl.go Scope of Work Engineer: England-Thims & Miller, Inc. 15265 E. Colonial Drive Orlando, FL 32826 Final Completion 3/23/2017 Contact: Telephone: Robert Weinbender (407)415-2274 E-Mail: Site work included, clearing and grubbing for new (larger) storm water retention pond access roads and misc site improvements. Seminole County building permit were required and obtained for a new treatment structure. Retrofit the existing retention pond at CR427 and Country Club Road using an Aluminum Sulfate Injection system. Redirecting Soldiers Creek via a diversion weir and intake structure to the facility through a box culvert. Installation of 300 LF of 48" RCP with MES, storm manholes and control structures. Additional RCP pipe was installed from 18" to 60" with connecting structures and MES at outfall into pond. Concrete walks, driveways and truck loading area were also installed. 720 SY of ACB mat was constructed (open/closed cell) while riprap, headwalls and 3,200 SY of stabilized access road were installed. Page 464 of 668 I E "Our People make the difference with Pride, Integrity and Quality" Completed Projects within the last 5 years (partial): Job# Project Name 669 Lake Angel Drainage Expansion D Water � Drainage D Sewer � General Civil Owner: City of Orlando 400 S. Orange Avenue Orlando, FL 32801 Contact: Telephone: E-Mail: Scope of Work Howard Elkin (407)246-3751 howard.elkin@cityoforlando.ne Engineer: WBQ. Inc. Project Amt $1,899,900 NTP 2/16/2015 201 N. Magnolia Ave. #200 Orlando, FL 32801 Contact: Telephone: E-Mail: Jason Vargas (407)839-4300 jvargas@wbq.com Final Contract $2,125,198 Final Completion 9/30/2015 Excavation to expand Lake Angel from 3.5 acres to 8.5 acres to support 1-4 expansion. I installation of three (3) nutrient Separating Baffle Boxes with capacities of 533 CUFT storage, 107 CUFT storage and 238 CUFT storage, restoration including sidewalk, curb. Construction of new drainage inlet, manholes and 107 LF of 18" RCP, 40 LF of 15" RCP 12 LF of 42" RCP and 60 LF of 49" to 60" RCP with of depth of 13 feet. Adjustment of manhole top at 26th. Street & Lee Ave. Construct ditch pavement with 300 SY of rubble rip rap from existing headwall along 1-4. Modify existing drain well outfall structure with new control structures and removable stop logs. Job# Project Name 663 Y14-7035 Pump Station Pkg. #1 -PS #3293A, #3887, #3590, #3365 & 3309 D Water D Drainage Project Amt $1,695,000 NTP 2/16/2015 � Sewer Owner: Orange County Utilities 9150 Curry Ford Road Orlando, FL 32825 Contact: James Montalvo � General Civil Telephone: E-Mail: (407)506-2120 james.montalvo@ocfl.net Scope of Work Engineer: BFA Environmental Consultants 1230 Hillcrest Street Orlando, FL 32803 Contact: Telephone: E-Mail: Geoff Hennessy (407)896-8608 Final Contract $1,695,000 Final Completion 1/31/2016 Improvements to five (5) duplex pump stations including replacement and installation of a new wet well, installation of wet well liners, replacement of pumps (submersible -ABS pumps), piping, valves and electrical systems. Sewer by-pass was required on all stations. All wet wells were 6' diameter (15' deep and 22' deep). Pumps are 28 HP each. Page 465 of 668 "Our People make the difference with Pride, Integrity and Quality" Completed Projects within the last 5 years (partial): Job# Project Name 661 #6280 GOAA Hangars 407 & 431 Fire Protection Source Water Project Amt $4,098,493 NTP 6/30/2014 Final Contract $4,060,393 □ Conversion D O . Water raInage � Sewer Owner: City of Orlando � General Civil 400 South Orange Avenue Orlando, FL 32801 Contact: Telephone: E-Mail: Scope of Work Ron Proulx (407)246-2291 ron.proulx@cityoforlando.net Engineer: COM Smith Final Completion 3/1/2016 2301 Maitland Center Parkway #300 Maintland, FL 32751 Contact: Telephone: E-Mail: David Prah (407) 660-2552 prahdi@cdmsmith.com Construction of a prefabricated fire suppression system Booster Pump Station, approximately 5,355 LF of 16" DIP fire water main, 6,305 LF of 20" DIP potable water main. Abandoned approximately 8,350 LF of various sized existing water main. Installed a Fire Protection Diesel Engine Driven Packaged Fire Pump Sy stem rated at 5000 GPM Prepackaged pump station was 45' L x 12' W' x 10' H. New electrical services and controls installed also. Job# Project Name 659 TOHO 1 Gravity Sewer Rehab. Replacement Phase 1 & 2 Project Amt $3,395,000 NTP 7/28/2014 Final Contract $3,987,755 D Water D Drainage � Sewer � General Civil Owner: Tohopekaliga Water Authority 951 Martin Luther King Blvd. Kissimmee, FL 34741 Contact: Telephone: E-Mail: Scope of Work George Eversole (407)518-2377 qeversole@tohowater.com Engineer: CPH Inc. Final Completion 3/20/2016 1117 E. Robinson St. Orlando, FL 32801 Contact: Telephone: E-Mail: Jay Morris (407) 420-0452 imorris@cphcorp.com Installation of approximately 7,900 LF of 8",800 LF of 10", 860 LF of 12", 350 LF of 24" (various depths 8'-20') gravity sewer pipe, 100 LF of 12" PVC force main, 4,250 LF of 8" gravity sewer main CIPP lined, 2,950 LF of 12" gravity sewer main CIPP lined and 360 LF of 24" gravity sewer main CIPP lined. Remove and replace 191 sanitary sewer laterals. Install 4,250 LF of 8" gravity, 2,950 LF 12" gravity and 650 LF 15" gravity, 360 LF 24" gravity CIPP Lining, Restore approximately 21,150 SY of asphalt. Replace approximately 4,890 LF of concrete curb, 615 SY of concrete driveway and 3,900 SY of brick roadway. Clean and coat 3 sanitary sewer manholes. Replace 26 sanitary sewer manhole less than 1 O feet deep and 3 ea. Greater than 1 O feet deep. The above referenced 7,900 LF of 8" gravity sewer was installed via the open cut method. Page 466 of 668 I E COHSTRIJCllON GROUP,IMC. r.1.1.1.1..1.1.1.1.1� "Our People make the difference with Pride, Integrity and Quality" Completed Projects within the last 5 years (partial): Job # Project Name 599 Y10-704 NWWRF Reclaimed Water Storage & Repump Facility Project Amt $2,017,000 NTP 4/1/2010 � Water D Drainage D Sewer � General Civil Owner: Orange County Utilities 9150 Curry Ford Road Orlando, FL 32825 Contact: Telephone: E-Mail: Scope of Work James Montalvo (407)506-2120 james.montalvo@ocfl.net Engineer: CPH Engineers, Inc. 1117 E. Robinson Street Orlando, FL 32801 Contact: Telephone: E-Mail: Mr. Jay Morris (407)425-0452 Final Contract $2,054,687 Final Completion 5/25/2011 Installation of a new reclaimed water storage and pumping system including new 2 MG ground storage tank, three vertical turbine distribution pumps (2-50 HP -750 GPM & 1-100 HP -1500 GPM), variable frequency drive units, electrical and control building, clearing, grading, stormwater swales, approximately 3800 LF of 24" reclaimed water main. Job# Project Name Project Amt 574 #2379 Water Conserv II Master Pump Station & Flow Equalization $12,537,000 D Water D Drainage NTP � Sewer � General Civil 1/5/2010 Owner: City of Orlando 400 S. Orange Avenue Orlando, FL 32801 Engineer: Brown & Caldwell 850 Trafalgar Court Maitland, FL 32751 Final Contract $13,763,395 Final Completion 3/5/2012 Contact: Telephone: Steve Shelnutt (407)509-5597 steve.shelnutt@cityoforlando.n Contact: Telephone: Mr. R. Scott Smith, PE ( 407)661-9500 E-Mail:E-Mail: Scope of Work New 3-level 35' deep cast-in-place wet piUdry raw sewage master pump station with five (five plex) 9,975 GPM (250 HP) raw sewage submersible pumps with variable frequency drives; 3.5 mg flow ground storage tanks, new precast concrete electrical bldg. (30' L x 21' W) , new master pump station influent junction box; modifications & rehabilitation of existing master pumping station systems with 54" x 24" RS Suction Header/Manifold & conversion to a transfer pumping station, modifications to the existing primary clarifiers and associated site, electrical, controls, mechanical, odor control unit with associated FRP pipe installed. New primary treatment odor control system as well as treatment rehab. Page 467 of 668 Refonmce No. 1 Orange County Utilities Address 9150 Curry Ford Rd. City, State, ZIP Orlando, FL, 32825 Contact Person James Montalvo Telephone & E-mail 407-506-2120 I james.montalvo@ocfl.netDate(s) of Service 1994-Present Type of Service General Civil, Water, Sewer, Drainage Comments: Refore11ct\ No. 2 City of Tavares, FL Address 201 E. Main Street City, State, ZIP Tavares, FL, 32778 Contact Person Phil Clark Telephone & E-mail 352-742-6485 I pclark@tavares.orgDate(s) of Service 2016-Present Type of Service General Civil, Water, Sewer, Drainage Comments: Rd'enmce No. 3 TOHO Water Authority Address 500 Martin Luther King Jr. Blvd. City, State, ZIP Kissimmee, FL, 34741 Contact Person George Eversole Telephone & E-mail 407-944-5025 I geversole@tohowater.comDate(s) of Service 1994-Present Type of Service General Civil, Water, Sewer, Drainage Comments: Page 468 of 668 CONSTRUCTION GROUP,INC. ,,111111111� Prime's Location and Distance to City Hall Prime Construction Group, Inc. is located at 1000 Jetstream Drive, Orlando, FL, 32824. This location is approximately 23.7-30.3 miles from Ocoee City Hall at 1 North Bluford Ave, Ocoee, FL, 34761. Travel times for the routes indicated below are 28-35 minutes. � 28 min 23.7 miles Tildenvill@ @ j I Lockhart (ii4) Universal Orlando Resort Doctor Phillips MaitlandI Berti Goldenrod Winter Park 1:1 Orlando Science Center ® Azalea Park @ Conway Belle Isle 11ST A El Orlando International Airport 01000 Jetstteam Drive @) LAKE REG Page 469 of 668 CONSTRUCTION GROUP,INC. �IIIIIIIII� Certified Minority/Small Business Enterprise Prime Construction Group, Inc. is committed diversity in our workforce. We are also committed to providing equal opportunity to all small, minority, women's and/or disadvantaged business enterprises. Attached is our equal opportunity workforce schedule and the following procedures are part of our pre-construction and ongoing project processes. 1.Follow all recommendations of Owner Standard MBE Program. 2.Reach out via phone and/or email immediately to all MBEs who are registered that fit the scope of the project. 3.Publish advertisements in local newspapers to contact us regarding the project. This is done early enough to ensure potential MBEs have time to respond 4.Provide access to all bid documents at no cost to MBEs 5.Have webinars and/or workshops to allow MBEs to familiarize themselves with scope opportunities. 6.Provide bid package sizes that encourage MBE participation. 7.Create flexible scope packages to ensure maximum MBE participation 8.Negotiate in good faith with all MBEs to maximize their ability to win a subcontract or purchase order. Page 470 of 668 � . ®' .ACORD �-CERTIFICATE OF LIABILITY INSURANCE I PATE iMM/PP/YYYY) 12/ 4/2022 THIS CERTIFICATE IS ISSUED AS A MATTEI'{ OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGA TIVELY AMEND, EXTEND OR ALTER THE COVl::RAGE AFFORDED ElY THE POLICIES BELOW. THIS CERTIFICATE: OF INSURANCE DOES NOT OONSTITUTI:: A CONTRAC'f aETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the polloy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUSROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this oertlfloate does not confer rights to the certificate holder In lieu of such endorsement(s), PROOUCl:R l."813-229-8021 NAAAE�CT Cierra Lewis, CISR M, m. Wilson Company, ItLC PHONe )• 8:I.3-349-224.0 j r� Nol• 813-354.-4.607 300 W, Platt St, ifcf.J\;.,s: alewis®mewilson,aom Ste 200 INSURl!R/Sl AF�ORPING COVERAGE NAICII Tampa, l!L 33606 INSURER A I CHJ\R'J.'ER OAK l"IRE INS 00 256:I.5 INSUltlltl INSURER B: 'rl<AVELER.S IND CO 01" AMUR 25656 Prime Conatruation Group, Ino, INSURER c 1 'l.'RAVELJllRS PROP CJ\.S CO OF AMER 25674 1000 Jetstream Dr, INSURER O 1 1100:C INS CO 10176 ll'ISURER e 1 HIGHLANDS INS CO 224.89 Orlando, l"L 32824 ll'ISURl!R F COVERAGES CERTIFICATE NUMBER· 6130?368 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LIS'fl5D BELOW HAVE BEEN ISSUED TO THE INSURED NAMSD ABOVE FOR THI:: POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PE:RTAIN, THE INSURANCE AFFORDE:D BY THE: POLICIES DESCRIS!:;0 Hl::REIN IS SUBJE:CT TO ALL THE: Tl::RMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICl\::S. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID Cl.AIMS. INSR TYPll OF INSURANCE 1.�.:'.!-SUBR POI.JOY NUMBER I.TR "'"" A :x. COMMERCIAL GENSRAL LIABILITY DTC05R235?11COF23 □ CLAIMS-MADE 0 OCCUR f--� GEN'L AGGREGATE! LIMIT APPLIES PER: R POLICY 0 �f8f □ LOO OTHER: B AUTOMOlllLE LIABILITY 810SR2360372326G :x.ANY AUTO -OWNl<P -SCHElPULED -AUTOS ONLY -AUTOS X HIRE;D X NON,OWNEO AUTOS ONLY AUTOS ONLY C X UMBRELLA LIAII H OCCUR CUP5R23664.02S26 l!XCESS LIA!il CLAIMS-MADE DED IX I R E T E NTI ON $ 10000 WORK!aRS COMPENSATION W00100064.l.9202 D AND l'!MPL OYERS' LIAll lLITY V/N ANYPROPRIETORIPARTNl=R/1:XECUilVE � NIA OFl'IO�R/MEMBEREXCLUDEO? (Mandatory In NH) g�fc��{f&� �?�PERATIONS below m Pollution Liability 7930106530002 1�10LICY 11.V\'I M/00/YY POLICjyEXP /MM/DD YYYl 01/01/23 01/01/24. 01/01/23 01/01/24 01/01/23 01/0l/24 01/0l/23 01/01/24 Ol/Ol/23 01/0],/24. LIMllG EACH OCCURRl::NCE �(;��mI9s�EtcJ,?r�ancal MED EXP (Any one parson) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS • COMP/OP AGG Pe��rd��tf "'GLI': UMIT BODILY INJURY (Par parson) SODILY INJURY (Per aooldant) FfeOPERTY �AMAGE er aocldanl PIP EACH OCCURRSNCE AGGREGATE x I �¥frnTE I JOTH-ER E.L, EACH ACCIDENT E,L, DISEASE• EA EMPLOYEE S.L DISEASE• POLICY LIMIT Per Eaah Condition Aggregate .. ' . ' $ 1000000 $ 300000 $ 5000 $ ·1000000 $ 2000000 $ 2000000 $ $ 1000000 $ $ $ $ 10,000 $ 6000000 $ 5000000 $ $ 500000 $ 500000 $ 500000 l,000,000 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Addlllonal Remarks Sohedule, may be atlaohed II more spaoo Is req11lred) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE Dl=SCRll3EP POLICIES BE CANCELLED BEFORE Bid Purposes o/o Prime Construction Group THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Jetatreron Ddve Orlando, FL 32824-7106 AUTHORIZED REPRESl::NTATIVE Orlando, FL 32B24 r1<.��. (\()��. I USA @ 1988-20�5 ACORD CORPORATION, All rights reserved. ACORD 25 (2016/03) CL001 The ACORD name and logo are registered marks of ACORD 67307368 Page 471 of 668 WALDORFF INSURANCE & BONDING M.E. Wilson Company, LLC February 22, 2023 RE: Prime Cons truction Group, Inc. For Prequalification Purposes Only To Whom It May Concern: This is to advise you that M.E. Wilson Company, LLC dba Waldorff Insurance & Bonding provides bonding for Prime Construction Group, Inc. Their Surety is Travelers Casualty and Surety Company of America, 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 $782,997,000. The home office address is One Tower Square, Hartford, CT 06183. Prime Construction Group, 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 bonding our client in the amount of $40,000,000 for a single project or $80,000,000 aggregately. 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 Partner 1110 NORTHWEST 6 th STREET GAINESVILLE, FL 32601 WWW.WALDORFFINSURANCE.COM PHONE 352-374-7779 FAX 850-581-4930 Page 472 of 668 September 6, 2022 Re: Bank Reference Letter-Prime Construction Group To whom it may concern, At the request of the above-mentioned customer, this letter is to acknowledge the customer's relationship with Cogent Bank. The customer currently has funds on deposit with the bank in the low seven figures with no history of overdrafts. Additionally, the customer has a line of credit in the low seven figures. The line of credit has been handled as agr eed with no history of late payments . . If you have any questions, you may reach me at my contact information below. n Lalikos Cogent Bank Senior Market Leader 420 s. Orange Ave, Suite 850 Orlando, FL 32801 321-233-8658 {Direct) 407-802-4464 (Fax) Page 473 of 668 Form W-9 Request for Taxpayer Give Form to the requester. Do not (Rev. January 2011) Identification Number and Certification Department of the Treasury send to the IRS. Internal Revenue Service Name (as shown on your Income tax return) Prime Construction Group, Inc. t\i Business name/disregarded entity name, if different from above Q) 0) Check appropriate box for federal tax C 0 classification (required): D Individual/sole proprlelor D C Corporation 0 s Corporation D Partnership D Trust/estate Q) 1/1 0. 5 D Exempt payee �+: D Limited liability company. Enter the tax classlficalion (C=C corporation, S=S corporallon, P=partnership) ►... 0 0::, -----....................... -----.... -........ ---- 'i:� 't: .E D Other (see Instructions)► D.. 0 :E Address (number, st reet, and apt or suite no.) Requester's name and address (optional) 0 Q) 1000 Jetstream Drivea. Cl) City, state, and ZIP codeQ) Q) Orlando, FL 32824(/) List account number(s) here (optional) ■:m ••Taxpayer Identification Number (TIN) Enter �our TIN in t�e app�oprlate �ox, The TIN �r�vided mus_t match the name given on the "Name" line to avoid backup w1thhold111g. For individuals, this 1s your soe1al security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. I Socfal security number I ITIJ -OJ -I I I I I Note. If the account Is in more than one name, see the cha1t on page 4 for guidelines on whose number to enter. 9-3210337 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be Issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal RevenueService (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured properly, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions on page 4. General Instructions Section references are to the Inter nal Revenue Code unless otherwise noted. Purpose of Form A person who Is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) to report, for example, Income paid to you, real estate transactions, mortgage Interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (Including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1.Certify that the TIN you are giving Is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3.Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected Income. Note. If a requester gives you a form other than Form W-9 to request your Tl N, you must use the requester's form if It is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: •An individual who Is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized In the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301. 7701-7). Special rules for partnerships. Partnerships that conduct a trade or business In the United States are generally required to pay a withholding tax on any foreign partners' share of Income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner In a partnership conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership Income. Cat. No. 10231X Form W-9 (Rev. 1-2011) Page 474 of 668 EGENE PROVIS Do not alter this document in any form. unlawful for anyone other than the licen Page 475 of 668 DEPARTMENI�·0F BUSINESS AND�BROEESSION ONSTRUCTION.J MJ,tJS+R��lC_ENSI NG BOA GRou No UTI �l}Y,� ;�.!� �Tl��o;:1-:1_.�RJI N� 1s CERTI FIE PRov1s1o�s.-9:f�C£1f PTERi4a�fr:olroJ�t5!ATUTEs EXPIRATION DATE: AUGUST 31, 2024 rify licenses online at MyFloridalicense.co -Do not alter this document in any form. nlawful for anyone other than the licens Page 476 of 668 THIS CERTIFIES THAT: BUSINESS ORGANIZATION: Jimmy Patronis CHIEF FINANCIAL OFFICER Julius Halas DIVISION DIRECTOR .John Gatlin BUREAU CHIEF Catherine Thrasher SAFETY PROGRAM MANAGER FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF STATE FIRE MARSHAL Wyatt Hazy 1000 Jetstream Drive Orlando FL 32824 Prime Constructhon Group Inc 200E.t\ST GA1NES S'IREET-Tallahassee.Florida 32399-0342 Tel850-413-3644 CERTIFICATE OF COMPETENCY OFFICIAL COPY Contractor V means a contractor whose business is limited to the execution of contracts requiring the ability to fabricate, install, inspect, alter, repair and service the underground piping for a fire protection system using water as the extinguishing agent beginning at the point of service as defined in the act and ending no more than 1 foot above the finished floor. Issue Date: Type: Class: County: License/Permit #: Expirathon Date: ��Chief Financial Officer 07/01/2022 09 14 Orange FPC19-000066 06/30/2024 Page 477 of 668 State of Florida Department of State I certify from the records dthis office that PRIME CONSTRUCTION GROUP, INC. is a corporation organized under the laws of the State of Florida, filed on November 8, 1993, effective January 1, 1994. The document number of this corporation is P93000078767. I further certify that said corporation has paid all fees due this office through December 31, 2023, that its most recent annual report/uniform business report was filed on January 24, 2023, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my lza11d mu/ the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-fourth day of Ja1111my, 2023 Tracking Number: 1884831295CC Tu authenticate this certificatc,visit the following sire,enter this number, and then follow the Instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication Page 478 of 668 FOO]\) .........-:: ... Florida Department of Transportation RON DESANTIS GOVERNOR 605 Suwannee Street Tallahassee, FL 32399-0450 April 11, 2022 PRIME CONSTRUCTION GROUP, INC. 1000 JETSTREAM DRIVE ORLANDO, FLORIDA 32824 RE: CE RTIFICATE OF QUALIFICATION JARED W. PERDUE, P.E. SECRETARY The Department of Transportation has qualified your company for the type of work indicated below. FDOT APPROVED WORK CLASSES: DEBRIS REMOVAL (EMERGENCY), DRAINAGE, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING, INTERMEDIATE BRIDGES, MINOR BRIDGES, PORTLAND CEMENT CONCRETE ROADWAY PAVING, SIDEWALK, WASTEWATER, UNDERGROUND UTILIT IES, STORM WATER PUMP SYSTEMS, RIP RAP AND CONCRETE RUBBLE Unless notified otherwise, this Certificate of Qualification will expire 6/30/2023. In accordance with Section 337.14(4), Florida Statutes, changes to Ability Factor or Maximum Capacity Rating will not take effect until after the expiration of the current certificate of prequalification (if applicable). In accordance with Section 337.14(1), Florida Statutes, an application for qualification must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If the company's maximum capacity has been revised, it may be accessed by logging into the Contractor Prequalification Application System via the following link: HTTPS://fdotwpl.dot.state.fl.us/ContractorPreQualification Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. The company may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code (F.A.C.), by accessing the most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that the company has performed such work. All prequalified contractors are required by Section 14-22.006(3), F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. AA:cg Sincerely, £61., Alan Autry, Manager {) Contracts Administration Office Improve Sc(f'ety, Enhance Jvlobi!ity, Inspire Innovation www.fdot.gov Page 479 of 668 ---.-c_-_ .: ~----__ -:>;�---,-,"'-_ 1 ooojlitT$TREArloR lJ -.OR¼NDQ; 32&24: PAID: This[ocatBusin ro11rffAX . . lL -PRE\IIOlJSINPA.1b ·-.-TOTAL 1:JUE �- �\_ �-, --_ �-:-�--��:�L---�;:/:�-:-::--�-� -1&oo JETifREAM [);· __ >u.·� QRhANPO; :fa�24. _::,"_�--- ·_ •-_-_-'�PAID: ·i�b,00 Ji�{:91 os�Jia _-_ -- -__ , :-;;!.;��r!"'��t�,:��m,�•. 2022 1§14 CEF{:f UNDERGR.OUNDUTI JOTAtiAx· REGULATE6WASTE PREVIOU.SLYPAlD TOJALDUE _--C -�a-_ -,__-- 1000 JETSTR.EAM DR_.- lJ-()RlAN1J<;f :32a24 ·-·- -- pft.;o: $80.00 0099.rN05s92s -_ 1,1a12022 3��1M��ON�tf{l;JCtl(tN§R60[JN¢·BRAGK_�'TT C;H1BLES:.IO�EPHJ]f . 1000 JETSTREAM,DR •- 1> OR!:{\NDQ)Il 32824�7106 _ ---��-"� --t_�_ -- -:�:-- _ '\c k�J1t" Rafcirdlrian8e eiJ�fpr y�r: • i--_'c_ __ -, ---->-�---: ��;_�_ - .Jk1MECONSTRuciI6NGROup INC HAZXvVYATT�IAYAI0 1 ooo}ETS1:REAM DR _·. fORIANDOFL3282'f.71b6'·-- Page 480 of 668 C E= � �c Certified �nvironmentally� 1111� � Responsible Contractor Certified Contractor Prime Construction Group Insurance Carrier Homeland Insurance Company of New York Policy# 793-01-06-53-0002 I Policy Period 11/1/2023. -1/1/2024 Certification # 993438 Expires 1/1/2024 The potential risk of a pollution event is inherent in all construction work. Such an event can cause significant financial loss for project owners and other contractors at the site and can even impact the community and environment. Some contractors actively manage this risk, while others do not. Environmental Risk Professionals, LLC hereby certifies that the above referenced contractor has distributed protocols to avoid pollution incidents on job sites and has purchased a comprehensive pollution liability insurance policy to provide financial responsibility should an accident arise. Training -The above referenced contractor has distributed "Pollution Prevention Practices" designed to mitigate commonenvironmental risks associated with their contracting operations. Examples of these written protocols may include, but are not limited to, the following activities: Chemical Storage Solid and Hazardous Waste Management General Housekeeping Mold Identification and Abatement Responding to Spills Fugitive Dust Control Stormwater Pollution Prevention Personal Protective Equipment Deterring Illicit Abandonment Asbestos and Lead Based Paint Insurance-Even when Pollution Prevention Practices are followed, accidents still happen. Property owners bear the ultimate responsibility for a pollution problem at their site, even if caused by a contractor working on their behalf. A contractor needs to purchase a true pollution liability policy in order to properly protect the entities for whom they perform operations. Environmental Risk Professionals, LLC has reviewed the above referenced pollution liability policy and hereby confirms that it provides the following important financial responsibility provisions: 1.A policy limit of at least $1,000,0002.Coverage is primary and non-contributory, with the certificate holders included as Additional Insureds and carrierrights to subrogation waived In their favor 3.On-site and off-site remediation expense for pollution conditions arising from contracting operations4.No mold exclusion on policy5.A pollution event includes damage to natural resources6.Coverage for transportation and disposal of pollutants7.No limitation to sudden and accidental pollution release only � ENVIRONMENTAL /)CM-�7 RI S PROFESSIONALS Signed Environmental Risk Professionals, LLC This certificate was Issued on 1/3/2023 and serves as a matter of information only, The Certificate Is only valid through the current policy period with an active policy, This certificate confers no rights upon the certificate holder and does not affirmatively or negatively amend, extend or alter the coverage afforded by the policy listed above. This certificate does not constitute a contract between the Issuing Insurer and the certificate holder. visit c-e-r-c,com to learn more Page 481 of 668 florid o RFQ CONFLICT OF INTEREST DISCLOSURE FORM The award of this contra ct is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their Proposal: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in the Proposer's firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of thfa proposal. (Indirect ownership or benefit applies to any members of his or her immediate family.) Proposer certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Proposer agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Evaluation Committee members, and other key City employees and consultants involved in the award of this contract. According to Chapter 112, Florida Statutes, the term "conflict of interest" "means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest", and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: __ X ___ To the best of our knowledge, the undersigned firm has no potential conflict of interest for this Proposal. ____ The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest for this Proposal. Acknowledged by: Prime Construction Group, Inc. Firm Name 4sr£� Signature Charles J. Brackett III, President/CEO Name and Title (Print or Type) 2/27/2023 Date RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 20 Page 482 of 668 DRUG-FREE WORKPLACE CERTIFICATION The undersigned Respondent, in accordance with Florida Statute 287.087 hereby certifies that it has a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1.Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2.Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3.Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1 ). 4.In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pleas of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5.Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program is such is available in the employee's community, by any employee who is so convicted. 6.Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Respondent: Signed: By: Title: Date: Charles J. Brackett III (Print or Type Name) President/CEO 2/27/2023 RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 21 Page 483 of 668 COMPANY INFORMATION/SIGNATURE SHEET RFQ #23-004 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. Prime Construction Group, Inc. COMP ANY NAME AUTHORIZED SIGNATURE (manual) Charles J. Brackett III, President/CEO NAME/TITLE (PLEASE PRINT) 1000 Jetstream Drive STREET ADDRESS Orlando FL CITY STATE 32824 ZIP FEDERAL ID# 59-3210337 407-856-8180 TELEPHONE (INCLUDE AREA CODE) 407-856-8182 FAX (INCLUDE AREA CODE) cbrackett@primeconstructiongroup.com E-MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: __ Individual � Corporation __ Partnership __ Other (Specify) ________ _ Sworn to and subscribed before me by means of� physical presence or □ online notarization this 27th day of February , 20 �- Personally Known __ x ___ or Produced Identification ---- (Type ofldentification) .•·s.�• •v�ZACHARY DAVID FIELDS ;'f�f-.\ Notary Public· State of Florida \'1.�l! Commission# HH 130374 ..._�-'fon,l/ My Comm. Expires May 16, 2025 .... ·""Bonded through National Notary Assn. Zachary Fields, Notary Public Printed, typed or stamped Commissioned name of Notary Public RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 22 Page 484 of 668 SUMMARY OF LITIGATION Summary of Litigation: State "None" if no litigation. 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, in accordance with the guidelines below: Claims/Litigations 1.Within the past 5 years, has your organization filed suit or a formal claim against a project owner (as a prime or subcontractor) or been sued by or had a formal claim filed by an owner, subcontractor or supplier resulting from a construction dispute? Yes ____ No x If yes, please attach additional sheet(s) to include: Description of every action Captions of the Litigation or Arbitration Amount at issue: NIA----------Name (s) of the attorneys representing all parties: Amount actually recovered, if any: _N_/A _____________ _ Name(s) of the project owner(s)/manager(s) to include address and phone number: 2.List all pending litigation and or arbitration.None 3.List and explain all litigation and arbitration within the past five (5) years -pending, resolved, dismissed, etc.NIA 4.Within the past 5 years, please list all Liens, including Federal, State and Local, which have been filed against your Company. List in detail the type of Lien, date, amount and current status of each Lien. None 5.Have you ever abandoned a job, been terminated or had a performance/surety bond called to complete a job? Yes ____ No x If yes, please explain in detail: 6.For all claims filed against your company within the past five (5) years, have all been resolved satisfactorily with final judgment in favor of your company within 90 days of the date the judgment became final? Yes x No ___ If no, please explain why? RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 23 Page 485 of 668 7.List the status of all pending claims currently filed against your company:None 8.In the last ten (10) years, has the CMR Firm/Team ever been in bankruptcy or receivership? Yes ____ No_x __ _ If yes, please explain in detail: 9.In the last five (5) years, has OSHA cited and assessed penalties against the CMR Firm/Team for violations of its safety or health regulations? Yes ____ No_.,..__ __ If yes, please explain in detail: 10.Has the Environmental Protection Agency or any Florida Water Management District cited and assessed penalties against the CMR Firm/Team or the owner of a project during the time in which the parties were performing on a contract? Yes ____ No_x __ _ If yes, please explain in detail: 11.Has any insurance carrier, for any form of insurance, refused to renew the insurance policy for the CMR Firm/Team due to non-payment or contractor losses? Yes ____ No_x�-- If yes, please explain in detail: Liquidated Damages 1.Has a project owner ever withheld retainage, issued liquidated damages or made a claim against any Performance and Payment Bonds? Yes ____ No __ x __ If yes, please explain in detail: RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 24 Page 486 of 668 FEBRUARY 28, 2023 OELRICH CONSTRUCTION, INC. 428 S. Dillard St. Suite 103 I Winter Garden, FL 34787 Phone: 352.745.7877 Fax: 352.745.7878 www.oelrichconstruction.com RFQ # 23-004, CM AT-RISK FOR Floral Street Water, Sewer, and Road Reconstruction Page 487 of 668 Letter of Intent......................................................................................................pg. 01 I. CMR’s Qualifications..............................................................................................pg. 03 1. Key Project Team Members......................................................................................pg. 03 2. Successfully Completed Similar Projects.............................................................pg. 15 3. Client References.......................................................................................................pg. 21 4. Current & Projected Workload...............................................................................pg. 24 5. Project Approach........................................................................................................pg. 25 II. CMR’s Office Location & Other Forms..............................................................pg. 41 1. Office Location.............................................................................................................pg. 41 2. Proposal Forms...........................................................................................................pg. 42 TABLE OF CONTENTS RFQ # 23-004, CM AT-RISK FOR Floral Street Water, Sewer, and Road Reconstruction Page 488 of 668 pg. 1 Gainesville Office: 275 NW 137th Drive, Suite A Jonesville, FL 32669 Orlando Office: 428 S. Dillard St., Suite 103 Winter Garden, FL 34787 oelrichconstruction.com tel: 352-745-7877 CGC1510579 February 28, 2023 Shannon Hopper, Purchasing Technician City of Ocoee Finance Department 150 N. Lakeshore Drive, Ocoee, FL 34761 Phone: (407) 905-3100 x 1513 shopper@ci.ocoee.fl.us Re: RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer, And Road Reconstruction. Dear Shannon Hopper and Selection Committee Members: As the City of Ocoee grows, so must its improvements to its infrastructure. Floral Street is an important roadway, providing access for residential areas and businesses, all of which have seen exponential growth in recent years. When selecting a Construction Manager for such a project, it will be essential that the firm chosen be familiar with the surrounding area and all involved entities. It will also be important that the chosen firm have the capability to perform roadway improvements with the delicacy required near residential & commercial areas without causing undue interruptions to daily life and activities. We understand that the scope of work for the RFQ#23-004 project involves upgrading the current water & sewer infrastructure as well as improving this area’s capability for stormwater management . This project will alleviate current issues as well as greatly improve its capability to facilitate the city’s growth as anticipated in Ocoee’s Downtown Master Plan. 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 Floral Street is a busy road linking many residents and businesses to other areas in downtown Ocoee. It is vital that this roadway not be shut down to mitigate interruptions to daily traffic flow. Our team is committed to keeping this roadway open 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 project team, Ethan Newport and Cozart Lawrence, both carry FDOT Advanced Maintenance of Traffic (M.O.T.) certifications which give them the authority to make 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 all stakeholders informed about construction progression. Page 489 of 668 pg. 2 Gainesville Office: 275 NW 137th Drive, Suite A Jonesville, FL 32669 Orlando Office: 428 S. Dillard St., Suite 103 Winter Garden, FL 34787 oelrichconstruction.com tel: 352-745-7877 CGC1510579 2. Our Experience on Similar Roadway Projects in the Region Our proposed team for this project includes the same team members that the City of Ocoee has worked with over on the $9.8 million Bluford 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 always provided 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 RFQ#23-004 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 ability to overcome initial budgetary challenges of the Fullers Cross & Apopka Road Intersection, and rework exisiting utility infrastructure speak to our capabilities to navigate challenging conditions. Oelrich Construction has more than 18 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. 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 Page 490 of 668 pg. 3 TAB I QUALIFICATIONS 1. KEY PROJECT TEAM MEMBERS Since our establishment in 2004 by our comapany president, Ivan Oelrich, OCI has completed hundreds of major municipal construction projects across the North Central & Central Florida regions. We are proudly veteran- owned and operated and specialize in helping cities, counties, and townships in our areas of service integrate new development ideas and enact individual “master plans” to facilitate Florida’s booming growth in recent years. In our 18 years of operation as a construction managment firm, we have overseen the successful completion of municpal projects of every kind. From the expansion and improvements to Bluford Avenue & Fullers Crossing in Ocoee, Fl, to the South Main Street expansion in Gainesville, Fl, our experience is diverse and understanding of the unique to needs of each municipality which we have served. 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. Our proven success with these project types promises the City of Ocoee an excellent experience during this next phase of your downtown improvement Master Plan. OELRICH CONSTRUCTION, INC. COMPANY HISTORY Page 491 of 668 pg. 4 TAB I QUALIFICATIONS 1. KEY PROJECT TEAM MEMBERS OELRICH CONSTRUCTION, INC. ORGANIZATIONAL CHART JOHN HUNNICUTT Field Operations Manager MATTHEW MARINO Preconstruction Manager IVAN OELRICH IAN BROWN ETHAN NEWPORT COZART LAWRENCE ALEX EDWARDS President & Principal Field Operations Manager Project Manager Superintendent Asst Project Manager Page 492 of 668 pg. 5 ALEX EDWARDS ASST PROJECT MANAGER + Support site logistics +Quality Control +Materials ordering/submittals +Communication support +Field Supervisory support PROPOSED CMAR TEAM: FLORAL STREET RECONSTRUCTION IVAN OELRICH EXECUTIVE MANAGER +Executive management, vision & direction +Quality control/assurance +Client support ETHAN NEWPORT PROJECT MANAGER +Primary contact from design to post-occupancy +Biweekly project meetings +Schedule Oversight +Phasing Strategy COZART LAWRENCE SUPERINTENDENT +Site logistics and preparation +Safety education +Quality control +Subcontract management JOHN HUNNICUTT OPERATIONS MANAGER +Value engineering analysis +Construction Document review +Cost control MATTHEW MARINO PRECONSTRUCTION MGR +Preconstruction management +Cost control & VE strategy +Milestone schedule development +Contract review TAB I QUALIFICATIONS 1. KEY PROJECT TEAM MEMBERS IAN BROWN FIELD OPERATIONS MANAGER +Safety Training +Site Protocol Management +Quality Control +Schedule Oversight Page 493 of 668 pg. 6 TAB I QUALIFICATIONS 1. KEY PROJECT TEAM MEMBERS IVAN OELRICH President & Principal | 23 Years of Experience Role/Background 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. Certifications Education +Certified FL General Contractor, CGC1510579 +ASHE Health Care Construction Certification +OSHA 30-Hour Certification +First Aid/CPR Certification Colorado State University Bachelor of Science in Construction Management Military Community Service +U.S. Army Infantry, Schofield Barracks, HI +Operation Restore Democracy Port-Au-Prince, Haiti +Builders Association of North Central Florida, Past President +Citizens State Bank, Board Member +Boys & Girls Club of Alachua County, Board Member +Business Community Coalition, Board Member +Greater Gainesville Chamber of Commerce Board Member South Main St Reconstruction I $7 million I Gainesville CRA Executive Manager I 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 I $1.8 million I City of Gainesville Executive Manager I September 2017 Oelrich Construction provided iterative cost estimates and overall project management for roadway milling, 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 I $2.3 million I Gainesville CRA Executive Manager I October 2012Oelrich Construction constructed a functional, iconic gateway for the College Park/ University Heights district. This multi-modal transportation project required utility coordination, advanced maintenance of traffic, specialty stormwater collection, retaining walls, and landscaping. Notable sustainability features included recycling 30 tons of steel, installing 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 I $75 million I UAA Superintendent I 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. Relevant Projects Page 494 of 668 pg. 7 TAB I QUALIFICATIONS 1. KEY PROJECT TEAM MEMBERS Relevant Projects MATTHEW MARINO Preconstruction Mgr. | 19 Years of Experience 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. While 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. Certifications Education Community Service +Builders Association of North Central Florida –Past President +Rotary Club of Gainesville – Member +SFC Master Trades Advisory Board +Williston Central Christian Academy – President of the Board +OSHA 30-Hour Certification +First Aid/CPR Certification +FDOT Maintenance of Traffic Adv. Certification +Heavy Equipment Operator Powder Actuated Tool Certification +Infection Control Risk Assessment +Stormwater Certification +HAZWOPER 40-Hour Certification +Frame, Tube & Coupler, and System Scaffolding Certification +First Aid Mental Health Training University of Florida Bachelor of Science in Business Administration NW 16th Terrace Resurfacing I $505,823 I City of GainesvillePreconstruction Manager I April 2019Supervise 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 I $7 million I Lake CountyPreconstruction Manager I February 2019Supervise preconstruction strategy and cost estimates for a 31,000 sf municipal animal shelter in Tavares. The building will feature an education room, a surgery room, cat and dog isolation areas, and adoption areas. Downtown Bo Diddley Plaza I $1.86 million I Gainesville CRASenior Superintendent I March 2016Improvements including a new café space, airport style restrooms, a water wall with 250 LED light combinations, a welcoming informational kiosk, and a green room for enhanced performances. New City Hall Design-Build I $2.5 million I City of Williston Senior Superintendent I October 2018 This Downtown Williston project involved the ground-up construction of a new 12,000 square foot city hall. Oelrich Construction worked closely with the Owner to deliver a high-value new facility with local elements. NW 8th Avenue Reconstruction I $5.2 million I City of Gainesville Senior Superintendent I November 2016The 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. Page 495 of 668 pg. 8 Relevant Projects TAB I QUALIFICATIONS 1. KEY PROJECT TEAM MEMBERS JOHN HUNNICUTT Operations Manager | 10 Years of Experience Role/Background Having started at Oelrich Construction as a field superintendent, John has hands-on experience working in congested environments, coordinating with regulatory agencies, and overcoming unforeseen conditions. As Operations Director his key duties will involve providing leadership and insight for OCI’s construction management teams, ensure smooth team transtions between project phases (preconstruction, construction, and postconstruction). Ultimately John’s mission is to ensure the success of the project on behalf of the client from the first meeting, to final walk through, and beyond. New Animal Shelter I $7 million I Lake CountyOperations Manager I January 2019 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. UF Broward Hall I $8 million I UF Project Manager I July 2020Oelrich Construction has renovated each wing of Broward Residence Hall in the past few years. Each project was completed as a fast-track project over the summer so as not to disrupt students and staff. Projects included renovated restrooms, student rooms, lounges, and resident apartments. UF Veterinary Medicine Surgical Renovation I $2 million I UFOperations Manager I January 2023Renovation and expansion of an active use veterinary facility on UF’s campus. This project was fast-tracked and completed in a busy campus setting with limited lay-down area. UF Radio Road Roundabout I $5.2 million I UFProject Manager I September 2020Located near several athletic hubs as well as the Harn Museum on UF’s campus, this major road expansion and renovation alleviated issues caused by frequent flooding of Lake Alice. Scope included expanded allowances for pedestrian and vehicular traffic. STT Lab Buildout I $7 million I UF Thermo Fisher Scientific Operations Manager I May 2022Scope of project included the renovation and expansion of a lab research facility. This project included a major overhaul of the HVAC system and required temporary HVAC equipment installation to contend with supply chain issues. Certifications Education Community Service +Associated Builders & Contractors Future Leaders Program +Builders Association of North Central Florida, Member +FDOT TTC +OSHA 30-Hour Certification +CPR Certification University of Florida Bachelor of Science in Construction Management Page 496 of 668 pg. 9 TAB I QUALIFICATIONS 1. KEY PROJECT TEAM MEMBERS Relevant Projects IAN BROWN Field Operations Manager | 5 Years of Experience Role/Background Beginning his career in education, Ian has leveraged skills developed as a teacher, coach, and athletic director assistant to strengthen the development of his skills with facilities construction and renovation projects. A confident and clear communicator, Ian excels at unifying teams. As the Field Operations Manager, Ian will be responsible for supporting the needs of the field team, ensuring on-site project needs are addressed. Oelrich Construction’s Safety Director, Ian is also responsible for overseeing the team’s focus on safety, driving andsupporting OSHA, The City of Ocoee, and Oelrich Construction safety guidelines. UF Vet Med Surgical Expansion I $258,000 I UFField Operations Manager I February 2023 Renovation and expansion of an active use veterinary facility on UF’s campus. This project was fast-tracked and completed in a busy campus setting with limited lay-down area. UF Small Animal Care & Dentistry ExpansionI $9.8 million I UFField Operations Manager I January 2019 This project included the renovation and addition to an active use veterinary facility. This project was fast tracked to accomodate semester occupancy, and daily construction was scheduled to proceed without interruption to lecture & research hours. STT Lab Buildout I $7 million I Thermo Fisher Scientific Field Operations Manager I May 2022Scope of project included the renovation and expansion of a lab research facility. This project included a major overhaul of the HVAC system and required temporary HVAC equipment installation to contend with supply chain issues. City of Williston Arcade & Main St Enhancements I $740,000 I City of Williston Field Operations Manager I January 2023Part of the City of Williston’s Downtown Revitilization efforts, the project included the conversion of a historic building into a public park as well as the renovation of an arcade leading from Main St. to the Firemen’s Park recreational area. UF Veterinary Anatomy Lab Addition I $2 million I UF Field Operations Manager I 2012 - 2015Scope of this project required that a 4 story addition be built above a completed building. This project required careful safety coordination for the protection of students and staff. Certifications Education Community Service +Associated Builders and Contractors (ABC) of Central Florida, Member +Builders Association of North Central Florida, Member +OSHA 30-Hour Certification +FDOT TTC +LEED Accredited Professional +First Aid/CPR Certification University of Florida Bachelor of Science in Building Construction Page 497 of 668 pg. 10 TAB I QUALIFICATIONS 1. KEY PROJECT TEAM MEMBERS Relevant Projects ETHAN NEWPORT Project Manager | 14 Years of Experience Role/Background 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 Project Manager, 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. Certifications Education Community Service +Builders Association of North Central Florida, Member +Rebuilding Together North Central Florida, Volunteer Associated +Builders and Contractors (ABC) of Central Florida, Member +OSHA 30-Hour Certification +Heavy Equipment Operator – Class 5 Certification +First Aid/CPR Certification +Powder-Actuated Tool Certified +Forklift Operator II +OSHA-designated Scaffolding Inspector Santa Fe College Building Construction Ocoee Fullers Crossing I $2.8 million I Ocoee, FlSenior Superintendent I July 2021Part of the City of Ocoee Master Plan, this major intersection was updated to facilitate increased traffic. Scope of project included added turn lanes, improved traffic lights, and expanded pedestrian walkways. Bluford Avenue Phase I & II Reconstruction I $9.8 million I City of OcoeeSenior Superintendent I 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 I $7 million I Gainesville CRASenior Superintendent I December 2017 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 I $8.3 million I Cade Foundation Senior Superintendent I October 2017Oelrich 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. Dr. Phillips Ballfields I $4.5 million I Orange CountySenior Superintendent I May 2023This 16 acre athletic complex is a long sought after project by the Dr. Phillips Foundation, Orange County Public Schools, and the Orange County Board of County Commissioners. The project includes 4 new ballfields, concession facility, recreational areas, and expanded parking. Page 498 of 668 pg. 11 TAB I QUALIFICATIONS 1. KEY PROJECT TEAM MEMBERS Relevant Projects COZART LAWRENCE Superintendent | 7 Years of Experience Role/Background Cozart Lawrence has ten 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 Superintendent for this project, he will support the project manager and guide the field superintendent. His responsibilities include supervising field safety protocol, reviewing shop drawings, processing RFI’s, compiling monthly O/A/E meeting minutes, and coordinating Certifications Education Community Service +First Aid/CPR Certification +Infection Control Risk Assessment Certification +FDOT Temporary Traffic Control Adv. Certification +OSHA 30-Hour Certification Orlando Medical Institute Paramedic: Emergency Medicine Seminole Community College Emergency Medical Technician Fire Science +International Association of Fire Fighters (IAFF), Member +Associated Builders and Contractors (ABC) of Central Florida, Member +Builders Association of North Central Florida, Member South Lake Regional Park I $2.8 million I Lake CountySuperintendent I April 2021Oelrich 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 I $9.8 million I City of OcoeeAssistant Superintendent I 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 I $1.39 million I Valencia CollegeSuperintendent I August 2018Oelrich 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 class rooms, offices, equipment rooms & the new UCF Valencia East Center. Orange County Multicultural Center I $4.9 millionI Orange County Superintendent I May 2023 Scope of project includes converting a former grocery store into a community outreach facility equipped to house classes, administration offices, and other community programs. Page 499 of 668 pg. 12 TAB I QUALIFICATIONS 1. KEY PROJECT TEAM MEMBERS Relevant Projects ALEX EDWARDS Assistant Project Manager | 2 Years of Experience Role/Background With a background in Bussiness Development & Administration, Alex brings a long term vision to his role at OCI & his Assistant Project Manager role. Assistant Project Manager, Alex will review and enact project plans, oversee QA/QC implementation, coordinate withproject subcontractors, and produce documentation throughout the duration of construction. His responsibilities also include resource coordination and providing feedback to project managers and supervisors, and is responsible for monthly financial projections for all assigned projects. He also provides analysis of all subcontractor submittals and is responsible for all subcontractor and general contractor monthly billings to the selected client. Certifications Education Community Service +First Aid/CPR Certification +Certified Associate in Project Management Florida International Univeristy B.S International Relations +Associated Builders and Contractors (ABC) of Central Florida – Member +Builders Association of North Central Florida – Member BSL-3 Lab HVAC & Controls Renovation I $1.5 million IFL Dept. of Agriculture & Consumer ServicesAssistant Project Manager I January 2023 This renovation included major repairs to the exisiting roof, installation of new HVAC equipment. Construction took place within an active use lab and research facility so material containment practices and site safety protocol were of the upmost importance Dr. Phillips Ballfields I $4.5 million I Orange CountyAssistant Project Manager I May 2023This 16 acre athletic complex is a long sought after project by the Dr. Phillips Foundation, Orange County Public Schools, and the Orange County Board of County Commissioners. The project includes 4 new ballfields, concession facility, recreational areas, and expanded parking. Orange County Multicultural Center I $4.9 millionI Orange County Assistant Project Manager I May 2023 Scope of project includes converting a former grocery store into a community outreach facility equipped to house classes, administration offices, and other community programs. Page 500 of 668 pg. 13 TAB I QUALIFICATIONS 1. CERTIFICATIONS & LICENSES State of Florida Department of State I certify from the records of this office that OELRICH CONSTRUCTION,INC. is a corporation organized under the laws 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 31,2023,that its most recent annual report/uniform business report was filed on January 26,2023,and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee,the Capital,this the Tenth day of February,2023 Tracking Number:2660954856CU To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication Veteran Business Certification Oelrich Construction, Inc. 01/22/2021 01/22/2023 Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES OELRICH, IVAN ALEXANDER Do not alter this document in any form. OELRICH CONSTRUCTION INC LICENSE NUMBER: CGC1510579 EXPIRATION DATE: AUGUST 31, 2024 This is your license. It is unlawful for anyone other than the licensee to use this document. 275 137TH DRIVE SUITE A NEW BERRY FL 32669 Always verify licenses online at MyFloridaLicense.com Page 501 of 668 pg. 14 TAB I QUALIFICATIONS 1. CERTIFICATIONS & LICENSES This Certifies that Cozart C.Lawrence Has Completed a Florida Department of Transportation Approved Temporary Traffic Control (TTC)Advanced Course. Date Expires:06/14/2023 Certificate #52606 Instructor:Jack Luckhardt FDOT Provider #110 Safety Links Phone:800-768-7036 1855 W State Rd 434 Ste.283 Longwood,FL 32750 www.safetylinks.net ghansen@safetylinks.net This Certifies that ETHAN NEWPORT Has Completed a Florida Department of Transportation Approved Temporary Traffic Control (TTC)Advanced (Refresher)Course. Date Expires:01/26/2025 Certificate #70160 Instructor:Jasper Masciocchi FDOT Provider #36 T2 Centers University of Florida Phone:352-273-1670 2100 NE Waldo Road Gainesville,FL 32609 techtransfer.ce.ufl.edu j.masciocchi@ufl.edu TRAINING & 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 tool operation and more. Workers are contractually obligated to wear proper personal protective equipment (PPE) such as hardhats, steel-toed boots, safety glasses, gloves, etc. Page 502 of 668 pg. 15 TAB I QUALIFICATIONS 2. COMPLETED SIMILAR PROJECTS BLUFORD AVENUE RECONSTRUCTION LOCATION Ocoee, FL SERVICES PROVIDED CM At-Risk SUBSTANTIAL COMPLETION November 2018 SIZE OF PROJECT 3,000 linear feet FINAL CONTRACT VALUE $8.97 million CLIENT City of Ocoee Public Works Steve Krug 301 Maguire Rd Ocoee, FL 34761 Phone: (407) 905-3170 skrug@ci.ocoee.fl.us SCOPE OF WORK WON 2019 ASSOCIATE BUILDERS & CONTRACTORS EXCELLENCE IN CONSTRUCTION EAGLE AWARD 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. Page 503 of 668 pg. 16 TAB I QUALIFICATIONS 2. COMPLETED SIMILAR PROJECTS FULLERS CROSS & OCOEE APOPKA INTERSECTION LOCATION Ocoee, FL SERVICES PROVIDED CM At-Risk SUBSTANTIAL COMPLETION July 2021 SIZE OF PROJECT 2,500 linear feet FINAL CONTRACT VALUE $2.38 million CLIENT City of Ocoee Public Works Steve Krug 301 Maguire Rd Ocoee, FL 34761 Phone: (407) 905-3170 skrug@ci.ocoee.fl.us SCOPE OF WORK Part of the City of Ocoee’s on-going “Master Plan” for the expansion of exisiting infrastructure, the Fullers Cross & Ocoee Apopka improvements successfully resulted in a safer, more easily navigatable roadway to sustain Ocoee’s recent population boom and anticipated future growth. Scope of work included the addition of both left & right turn lanes, improved grading for stormwater drainage, and well-marked pedestrian sidewalks & crosswalks. In order to facilitate traffic flow on this major intersection, OCI utilized a research driven approach to facilitate a traffic management system to ensure limited delays to normal traffic patterns. Page 504 of 668 pg. 17 TAB I QUALIFICATIONS 2. COMPLETED SIMILAR PROJECTS SOUTH MAIN STREET RECONSTRUCTION LOCATION Gainesville, FL SERVICES PROVIDED CM At-Risk SUBSTANTIAL COMPLETION December 2017 SIZE OF PROJECT .75 miles FINAL CONTRACT VALUE $7.5 million CLIENT Gainesville CRA Sarah Vidal-Finn 802 NW 5th Ave Gainesville, FL 32601 Phone: (352)-8203 vidalsc@cityofgainesville.org SCOPE OF WORK The South Main Street roadway improvements integrated the community’s priorities into a tailored, context-sensitive design. Project scope inclided undergrounding ultilities between Depot Ave and South 16th Ave. This multi-phased project involves the construction of pavement, lighting, drainage, sidewalks, utilities, furnishings, hardscape, and landscape elements. This complex reconstruction project required coordination efforts with 40 businesses and 2 adjoining neighborhoods. OCI was limited to working within the exisiting 100 ft right-of-way along the .75 mile corridor. The Maintenence of Traffic (M.O.T) plan was divided into 5 primary phases, and exisiting roadway remained open through duration of the project. Page 505 of 668 pg. 18 TAB I QUALIFICATIONS 2. COMPLETED SIMILAR PROJECTS Transforming Duckpond Questions, Concerns? Please contact: Javell Woods Project Manager Oelrich Construction 352-474-1735 Brad Patterson Senior Superintendent Oelrich Construction 352-514-7987 Justin Dean Field Engineer Oelrich Construction 352-660-4600 For progress updates visit: The GRU Duckpond Water Main Replacement project is underway! Expect exciting new changes around the Duckpond area! GRU DUCKPOND WATER MAIN IMPROVEMENTS LOCATION Gainesville, FL SERVICES PROVIDED CM At-Risk SUBSTANTIAL COMPLETION February 2021 SIZE OF PROJECT 1,500 linear feet FINAL CONTRACT VALUE $1.13 million CLIENT Gainesville Regional Utilities Andy Roberts 4747 N. Main Street Gainesville, FL. 32609 Phone: (352) 393-1639 robertsas@gru.com SCOPE OF WORK Located in one of Gainesville’s most historic neighborhoods near downtown, this project involved the major renovation of aging infrastructure and improvements to roads and pedestrian walkways. OCI was specifically selected for this project due to our capabilities for neighborhood communication and our proven expertise with utility coordination. Scope of work was primarly focused on the replacement of the water main and required that OCI provide consistent updates for residents of this quiet neighborhood in order to limit pedestrian & vehicular traffic delays. Our community communications approach allowed OCI & GRU to complete these improvements without any residential complaints regarding noise or traffic interruptions. Page 506 of 668 pg. 19 TAB I QUALIFICATIONS 2. COMPLETED SIMILAR PROJECTS UNIVERSITY OF FLORIDA RADIO ROAD ROUNDABOUT LOCATION Gainesville, FL SERVICES PROVIDED CM At-Risk SUBSTANTIAL COMPLETION August 2020 SIZE OF PROJECT 70,000 square feet FINAL CONTRACT VALUE $1.8 million CLIENT UF Planning, Design & Construction Stuart Cullen 245 Gale Lemerand Dr. Gainesville, FL. 32611 Phone: (352) 375-8999 SCOPE OF WORK Being the first round-a-about construction on the University of Florida Campus, one would think that the primary goal of the project was traffic improvement when in fact the project’s main objective was the management of flood waters stemming from Lake Alice. The box culvert beneath the Radio Road improvements project was designed to allow Lake Alice to discharge to the low natural depression behind the UF Golf Course. During weather events in the past, this lake rose high enough to flood Museum road, a major traffic area on UF campus, which caused delays and other issues. In addition, this design allowed existing utilities to pass through, untouched, in an effort to avoid re-routing these critical campus components. This project utilized a specialized M.O.T which allowed OCI to operate and complete this project without causing delays to daily traffic. Page 507 of 668 pg. 20 TAB I QUALIFICATIONS 3. CLIENT REFERENCES 1. STEVE KRUG Ocoee Public Works Department Public Works Director Skrug@ci.ocoee.fl.us 407-905-3170 2. PHIL MANN City of Gainesville Public Works Director mannpr@cityofgainesville.org 352-334-5070 3. RACHEL LOCKHART Gainesville Regional Utilities Supervising Engineer lockhartra@gru.com 352-383-1618 4. SARAH VIDAL-FINN Gainesville CRA Former CRA Director vidalsc@cityofgainesville.org 352-393-8203 5. FRANCISCO OQUENDO University of Florida Assistant Director for Construction foquendo@ufl.edu 352-273-4012CLIENT REFERENCESPage 508 of 668 pg. 21 TAB I QUALIFICATIONS 3. CLIENT REFERENCES Page 509 of 668 pg. 22 TAB I QUALIFICATIONS 3. CLIENT REFERENCES GAINESVILLE REGIONAL UTILITIES WATER/WASTEWATER ENGINEERING P.O. Box 147117, Station E3-F, Gainesville, Florida 32614-7117, Phone: (352) 393-1600, Fax: (352) 334-2752 December 22, 2022 To Whom It May Concern; Gainesville Regional Utilities is a publicly owned, multi-service utilities provider proudly serving The City of Gainesville for over 100 years. Our services are used by over 93,000 residential and commercial customers across the greater Gainesville area. For over 13 years Oelrich Construction has been a trusted partner of GRU through a diversity of utility projects. In recent years, our collaborations have ranged from occupied building improvements to rehabilitation and replacements of wastewater collection system. • Kanapaha Water Reclamation Facility, Operations Center Expansion: $1.3M, Rehabilitation of existing operations area and addition of approximately 2,500 sf of new building. • Kanapaha Water Reclamation Facility, Headworks Structure Concrete Rehabilitation: $1.5M, Rehabilitation of deteriorated concrete channels at the headworks. • Kanapaha Water Reclamation Facility, Roofing Improvements: $ 300K – Facilitate roof coatings and/or replacement for multiple buildings on the KWRF site. • South Main Street Wastewater Collection Improvements: $1.4M, Upgrades of existing gravity sewer mains in conjunction with roadway improvements. Included bypassing of 3,000 gpm flows from two directions into the Main Street Water Reclamation Facility. • Duckpond Water Main Replacement, Phase 1: $1.2M, Replacement of 3,000 lf of existing water main, services, and meters in historic Duckpond area of Gainesville. • Elevated Tank #1, Fencing Replacement: $180K, replacement of existing fence with new high security specialty fencing. Our partnership with Oelrich Construction has been successful largely due to effective communication skills and creative approaches to complicated projects. Oelrich Construction is conscientious when working on our sites with operations staff and also interacts positively with our customers. We can rely on Oelrich Construction to maintain professionalism and to complete work within budget and on time. GRU looks forward to our continued strong partnership with Oelrich Construction for many years in the future. Should you have any questions about Oelrich Construction and their project history with GRU, please do not hesitate to contact us: Debbie Daugherty Rachel Lockhart Director of Engineering Supervising Engineer Water and Wastewater Systems Treatment Plants & Large Construction daughertydd@gru.com lockhartra@gru.com 352-393-1622 352-393-1618 Sincerely, Rachel Lockhart Supervising Engineer, Treatment Plants and Large Construction Page 510 of 668 pg. 23 TAB I QUALIFICATIONS 3. CLIENT REFERENCES June 10, 2021 RE: Letter of Reference for Oelrich Construction, Inc. To Whom It May Concern, Please accept this letter as a testament to my support of Oelrich Construction, Inc. and their ability to deliver an impressive final product, on budget and on time. As part of our pursuit to further strengthen the Gainesville, Florida community, the Gainesville Community Reinvestment Area (GCRA) has been working with Oelrich Construction for more than 10 years. Our partnership with Oelrich Construction is truly dynamic. From completing $10M roadway and landscape projects, to converting a 20+ year old brownfield remediation into an $8M, 32-acre stormwater park that serves as a community gathering place and public amenity, the Oelrich team has always delivered. In the history of our partnership, we have completed a total of 13 projects. Each project was finished on time, on budget, and exceeded our expectations of quality. The versatility and problem-solving skills of the Oelrich team has proved valuable on multiple occasions. When an unforeseen problem arose on a project, the project managers and superintendents proposed multiple solutions which considered the schedule and budget for each project. With each project, the Oelrich team served as an extension of our project management staff, believing in the project as much as we did and they truly understanding the “big picture” of what we were trying to accomplish, how special and unique each project was and how important it was for them to act as ambassadors for us – not only on-site but in the community as well. This shared vision infiltrated their work, their subcontractor’s work, and in the culmination of the project. I could go on, as there are so many stories that would exemplify the excellent partnership we have with Oelrich Construction. We continue to make strides in pursuit of our goal to reinvest and redevelop the urban core of the city of Gainesville. Please feel free to contact me directly with more specific questions at vidalsc@gainesvillecra.com or (352) 393-8203 and I would be happy to share. Best wishes for a successful project for your community! Kind regards, Sarah Vidal, Director Sarah Vidal-Finn 2021.06.10 14:40:03 -04'00' Page 511 of 668 pg. 24 TAB I QUALIFICATIONS 4. CURRENT & PROJECTED WORKLOAD PROJECT NAME CLIENT NAME PROJECT COMMENCEMENT PROJECTED COMPLETION CONSTRUCTION $ VALUE Orange County Multicultural Center Orange County BOCC March 28, 2022 March 31, 2023 $4.9 million Orange County Dr. Phillips Ballfield Orange County BOCC August 29, 2022 May 19, 2023 $7.5 million City of Orlando Art^2 Development City of Orlando January 4, 2023 June 16, 2023 $3.1 million Chi University Small Animal Hospital Chi University July 25, 2022 July 10, 2023 $5.1 million Page 512 of 668 pg. 25 TAB I QUALIFICATIONS 5. PROJECT APPROACH EXECUTIVE SUMMARY OF CM APPROACH FLORAL STREET WATER, SEWER, & ROAD RECONSTRUCTION Our team reviewed the city’s design documents and reports to familiarize ourselves with the site’s existing conditions. Successful management of the RFQ#23- 004 utility & road improvements project will require special care to several aspects, particularly: • Site Safety • Coordination & Communication • Timeliness • Cost Effectiveness • Quality Control SITE SAFETY This project is located in a rapidly growing area near S. Bluford Ave, Ocoee Middle School, and multiple commercial & residential properties. OCI has previous experience with the Bluford Rd & Fullers Crossing improvements and our team has developed a site-specific approach based off our previous successful projects in the adjoining area: Commercial areas are anticipated to grow significantly over the coming years, and residential areas will soon follow this projected growth. A responsive Temporary Traffic Control plan will be a critical safety criterion on this project. Project Manager, Ethan Newport and Superintendent Cozart Lawrence are certified in the FDOT’s advanced temporary traffic control. They are prepared to develop a comprehensive plan to limit interruptions to daily area activities. PERMITTING & COORDINATION Our experience constructing similar local projects with the City of Ocoee like the Bluford Avenue Reconstruction project have prepared us to supervise a civil/infrastructure project of this size. Our management team is well-aquainted with the project stakeholders involved and can accurately forecast the steps needed to execute the project on time. Our team will coordinate with decision-makers within city 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. Our experience with both Bluford Rd & Fullers Crossing introduced us to the permitting process for several potentially involved entities such as the St. Johns River Water Management District (SJRWMD) and the U.S. Army Corps of Engineers (USACE). During the Fullers Crossing project, our team also coordinated with the surrounding property owners including: Daryl Carter Trust, City of Ocoee, Chevron Land & Development Co, and Crown Point Woods Homeowners Association. OCI will apporach the Floral Street Improvements with the same stakeholder coordination & communication. An excerpt from the City of Ocoee Master Plan Page 513 of 668 pg. 26 TAB I QUALIFICATIONS 5. PROJECT APPROACH SCHEDULE IMPACTS 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 recognize that this is a busy neighborhood that will need to remain accessible throughout construction. Our team will maintain access to residences & bussinesses 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, RFI’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 RFQ#23-004 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. Page 514 of 668 pg. 27 TAB I QUALIFICATIONS 5. PROJECT APPROACH SURVEYING & MATERIALS TESTING Oelrich Construction 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 O&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 access to 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. QA/QC ITEMS This project will require careful checking of all utility installations and roadway construction. 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. Page 515 of 668 pg. 28 TAB I QUALIFICATIONS 5. PROJECT APPROACH 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 Ethan Newport will serve as the City of Ocoee’s primary contact for the Floral Street 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. Additionally we are highly experienced in the field of road reconstruction and stormwater management and consider this PMIS PROGRAMS: ►Vista Teams (Project Management) ►ProEst/Excel (Estimating) ►Bluebeam (2D Takeoff Estimating) ►NavisWorks (3D Takeoff Estimating) ►Microsoft Project (Scheduling) ►Building Connected (Bid Outreach and Vendor Management) ►Vista Viewpoint (SQL Financial Database) ►Revit (BIM Coordination) RELATIONSHIP-DRIVEN CONTRACTINGWe 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: ►18 Years with the Alachua County School Board ►16 Years with the University of Florida ►14 Years with the City of Gainesville ►14 Years with Gainesville Regional Utilities ►14 Years with Alachua County Facilities ►3 Years with Orange County STAFFING RESOURCES & IT DOCUMENT MANAGEMENT: We utilize Vista Team’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. Vista Teams was also used to ensure subcontractor adherence to schedule. All owner representatives have access to Vista Teams at all times during the project--this means that they had daily visibility of all pending RFI’s, photos, documents, scheduling, as-built drawings, Page 516 of 668 pg. 29 ►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. ►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. PRECONSTRUCTION & COST ESTIMATING 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 DD package using preliminary sizing provided by the design team and incorporate costing information for unknown design elements. ►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). ►Adjusting Project Budget Using Real-Time Cost Estimating: We then validate these experience-based figures by a quantity take off analysis (e.g. linear footage of pipe), 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. TAB I QUALIFICATIONS 5. PROJECT APPROACH EXAMPLES OF OELRICH PROJECTS REQUIRING BIM COORDINATION ▶UF Veterinary Medicine Clinical Skills Lab Addition ▶UF Broward Hall Renovations ▶UF Veterinary Medicine Surgical Renovations ▶UF Veterinary Medicine Anatomy Lab Addition ▶Thermo Fisher STT Lab Build Out Oelrich Construction built Gainesville’s iconic 13th Street Pedestrian Overpass Bridge. Page 517 of 668 pg. 30 TAB I QUALIFICATIONS 5. PROJECT APPROACH Value Engineering - Client Success at City Park When 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 approximately $2 million off the projected park cost and lower the GMP to $6 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 UF 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. Value Engineering - Client Success at Elementary School When Micanopy Area Cooperative School 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 Fast-Tracked Scheduling - Collaboration Commons UF 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, iterative approach. We were able to deliver $400,000 in owner direct purchases on this $1.96 million LEED Gold building renovation. Stewardship of project funds is an integral project responsibility that we take seriously. If selected as CM for Ocoee RFQ #24-004, 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 COST CONTROL CASE STUDIES Page 518 of 668 pg. 31 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. TAB V APPROACH TO PROJECT SCHEDULING & SUBCONTRACTOR COORDINATION 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 work together to improve the daily flow of work and the overall project delivery. Schedule is the first topic of discussion at every OAC 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. BIWEEKLY LOOK AHEAD SCHEDULE (BWLA) 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 Page 519 of 668 pg. 32 EXCERPTS FROM A SAMPLE BID MANUAL TAB I QUALIFICATIONS 5. PROJECT APPROACH 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. Oelrich Construction maintains aggressive quality control standards. It is our policy to conduct an internal company walk-through and separate punch-list prior to the 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 all SAFETY & FIELD MANAGEMENT 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 safe job-site for Ocoee 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 In 2017 & 2018, Oelrich Construction’s safety program earned Platinum recognition from the Associated Builders and Contractors’ National STEP evaluation program. Oelrich Construction carefully completed this LEED Silver Food Court Addition at UF’s Turlington Plaza – one of UF’s most crowded plazas by density of pedestrians and cyclists. Page 520 of 668 pg. 33 Reference: *Stephen R. Pettee, “Constructability Reviews- Construction Management Association of America Southern California Chapter seminar.” TAB I QUALIFICATIONS 5. PROJECT APPROACH QUALITY CONTROL QUALITY CONTROL IN DESIGN PHASEIndustry 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. Your field superintendent 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. QUALITY CONTROL DURING CONSTRUCTIONOelrich Construction will coordinate extensively with the architect and engineer to ensure that all design specifications are met and installed 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 Floral Street 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-CONSTRUCTIONA 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. Adhering to a structured quality control program on the Floral Street Improvements project is essential. Oelrich Construction field superintendents follow a 500+ item QA/QC 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 QA Manual divides each CSI Division down into inspections required, tasks to be performed for a successful inspection, and items QUALITY CONTROL CHECKLISTS Page 521 of 668 pg. 34 TAB I QUALIFICATIONS 5. PROJECT APPROACH CIVIL & INFRASTRUCTURE PROJECT CASE STUDIES SIMILAR TO THE SCOPE OF WORK FOR THE RFQ#23-004 WATER, SEWER, AND ROAD RECONSTRUCTION Page 522 of 668 pg. 35 TAB I QUALIFICATIONS 5. PROJECT APPROACH PROJECT OVERVIEW 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 FDOT, 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! OCOEE’S FOUNDER’S DAY FESTIVAL PREPARATIONS 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. CASE STUDY: DOWNTOWN OCOEE BLUFORD AVENUE Page 523 of 668 pg. 36 TAB I QUALIFICATIONS 5. PROJECT APPROACH 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 all-important first day of school for Ocoee Middle School bus drivers, students, parents, and staff. Communication and pre-planning led to a smooth construction process for the City of Ocoee. SIMILARITIES TO RFQ#23-004: • 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 Page 524 of 668 pg. 37 TAB I QUALIFICATIONS 5. PROJECT APPROACH CASE STUDY: SOUTH MAIN STREET WORKING WITHIN A DENSE, 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 ¾-mile 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 all 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 TO RFQ#23-004: • Roadway infrastructure project • Advanced temporary traffic control measures • Extensive stakeholder coordination • Coordination with similar AHJ (FDOT, SJRWMD, etc) Page 525 of 668 pg. 38 TAB I QUALIFICATIONS 5. PROJECT APPROACH 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. COORDINATION SPOTLIGHT: ANNUAL PAVEMENT PRESERVATION 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 goals 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 goals. 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. COST CONTROL SPOTLIGHT: NW 8TH AVENUE RECONSTRUCTION Page 526 of 668 pg. 39 TAB I QUALIFICATIONS 5. PROJECT APPROACH 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-trail 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. LOGISTICS SPOTLIGHT: 13TH ST HELYX OVERPASS & MEDIANS 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. UTILITIES SPOTLIGHT: SW 9TH ST AT INNOVATION SQUARE Page 527 of 668 pg. 40 TAB I QUALIFICATIONS 5. PROJECT APPROACH 2019 Eagle Award for Heavy Infrastructure $5-$10 million ABC of Central Florida BLUFORD AVENUE RECONSTRUCTION 2015 Florida APWA Project of the Year American Public Works Association (APWA) SW 9TH STREET AT INNOVATION SQUARE 2014 National & Florida Project of the Year American Public Works Association (APWA) 13TH STREET HELYX PEDESTRIAN OVERPASS & MEDIANS 2017 Award for Excellence in Public/Nonprofit Development Urban Land Institute of NF DEPOT PARK AWARD-WINNING CRAFTSMANSHIPPage 528 of 668 pg. 41 OCOEE CITY HALL OELRICH OFFICE TAB II OFFICE LOCATION 1. CMR OFFICE LOCATION 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. OELRICH CONSTRUCTION, INC. OFFICE LOCATION Page 529 of 668 pg. 42 M.E. Wilson Company, LLC 1110 NORTHWEST 6th STREET PHONE 352-374-7779 GAINESVILLE, FL 32601 FAX 850-581-4930 WWW.WALDORFFINSURANCE.COM February 23, 2023 City of Ocoee 150 Lakeshore Drive Ocoee, FL 34761 RE: Oelrich Construction, Inc. Project: RFP name/Number: RFQ #23-004, Construction Manager at Rusk for Floral Street Water, Sewer, and Road Reconstruction To Whom It May Concern: This is to advise you that M.E. Wilson Company, LLC dba Waldorff Insurance & Bonding provides bonding for Oelrich Construction, Inc. Their Surety is Philadelphia Indemnity 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 $304,546,000. The home office address is One Bala Plaza, Suite 100, Bala Cynwyd, PA 19004-0950. 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 wit h 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 bonding our client in the amount of $15,000,000 for a single project or $30,000,000 aggregately. 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, Paul Locascio Agent TAB II OTHER FORMS BONDING CAPACITY Page 530 of 668 TAB II pg. 49 OTHER FORMS CONFLICT OF INTEREST RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 20 RFQ CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their Proposal: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in the Proposer’s firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this proposal. (Indirect ownership or benefit applies to any members of his or her immediate family.) Proposer certifies that no member of the entity’s ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Proposer agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Evaluation Committee members, and other key City employees and consultants involved in the award of this contract. According to Chapter 112, Florida Statutes, the term “conflict of interest” “means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest”, and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: _________ To the best of our knowledge, the undersigned firm has no potential conflict of interest for this Proposal. _________ The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest for this Proposal. Acknowledged by: ____________________________________________________________________________ Firm Name ____________________________________________________________________________ Signature ____________________________________________________________________________ Name and Title (Print or Type) ____________________________________________________________________________ Date X Ivan Oelrich Ivan Oelrich, President February 28,2023 Page 531 of 668 pg. 44 TAB II OTHER FORMS DRUG-FREE WORKPLACE STATEMENT RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 21 DRUG-FREE WORKPLACE CERTIFICATION The undersigned Respondent, in accordance with Florida Statute 287.087 hereby certifies that it has a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pleas of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program is such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Respondent: Signed: By: (Print or Type Name) Title: Date: Ivan Oelrich Ivan Oelrich President February 28, 2023 Page 532 of 668 pg. 45 TAB II OTHER FORMS COMPANY INFORMATION/SIGNATURES RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 22 COMPANY INFORMATION/SIGNATURE SHEET RFQ #23-004 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 TELEPHONE (INCLUDE AREA CODE) __________________________________ FAX (INCLUDE AREA CODE) __________________________________ E-MAIL ADDRESS _________________________________ IF REMITTANCE ADDRESS IS AUTHORIZED SIGNATURE (manual) DIFFERENT FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: ________________________________ NAME/TITLE (PLEASE PRINT) ____________________________________________ ________________________________ ____________________________________________ STREET ADDRESS _________________________________ CITY STATE ZIP FEDERAL ID #____________________ _____Individual _____Corporation _____Partnership _____Other (Specify)________________________ Sworn to and subscribed before me by means of physical presence or online notarization this ________day of ____________________, 20____. Personally Known___________ or Produced Identification_________ ____________________________ Notary Public - State of _______ (Type of Identification) County of __________________ ___________________________ Signature of Notary Public ___________________________ Printed, typed or stamped Commissioned name of Notary Public Oelrich Construction (352) 745-7877 ivan@oelrichconstruction. Ivan Oelrich, President 275 NW 137th Drive, Suite A Jonesville FL 32669 X 28 February 23 X FLAlachua Christina Sapp 32-0128914 Page 533 of 668 pg. 46 TAB II OTHER FORMS SUMMARY OF LITIGATION RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 23 SUMMARY OF LITIGATION Summary of Litigation: State “None” if no litigation. 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, in accordance with the guidelines below: Claims/Litigations 1. Within the past 5 years, has your organization filed suit or a formal claim against a project owner (as a prime or subcontractor) or been sued by or had a formal claim filed by an owner, subcontractor or supplier resulting from a construction dispute? Yes________ No_____X____ If yes, please attach additional sheet(s) to include: Description of every action Captions of the Litigation or Arbitration Amount at issue: ______________________ Name (s) of the attorneys representing all parties: ________________________________________________________________________________ Amount actually recovered, if any: ____________________________________ Name(s) of the project owner(s)/manager(s) to include address and phone number: ________________________________________________________________________________ 2. List all pending litigation and or arbitration. _____________________________________________________________________________________ _____________________________________________________________________________________ 3. List and explain all litigation and arbitration within the past five (5) years - pending, resolved, dismissed, etc. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 4. Within the past 5 years, please list all Liens, including Federal, State and Local, which have been filed against your Company. List in detail the type of Lien, date, amount and current status of each Lien. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 5. Have you ever abandoned a job, been terminated or had a performance/surety bond called to complete a job? Yes________ No________ If yes, please explain in detail: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 6. For all claims filed against your company within the past five (5) years, have all been resolved satisfactorily with final judgment in favor of your company within 90 days of the date the judgment became final? Yes ______ No_______ If no, please explain why? _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ X X N/A N/A Joel Enterprises v. Oelrich Construction. Lease Dispute Suit Dismissed Page 534 of 668 pg. 47 TAB II OTHER FORMS SUMMARY OF LITIGATION RFQ #23-004 Construction Manager at Risk for Floral Street Water, Sewer and Road Reconstruction 24 7. List the status of all pending claims currently filed against your company: _____________________________________________________________________________________ _____________________________________________________________________________________ 8. In the last ten (10) years, has the CMR Firm/Team ever been in bankruptcy or receivership? Yes________ No________ If yes, please explain in detail: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 9. In the last five (5) years, has OSHA cited and assessed penalties against the CMR Firm/Team for violations of its safety or health regulations? Yes________ No________ If yes, please explain in detail: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 10. Has the Environmental Protection Agency or any Florida Water Management District cited and assessed penalties against the CMR Firm/Team or the owner of a project during the time in which the parties were performing on a contract? Yes__X______ No________ If yes, please explain in detail: ___________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 11. Has any insurance carrier, for any form of insurance, refused to renew the insurance policy for the CMR Firm/Team due to non-payment or contractor losses? Yes________ No_____X___ If yes, please explain in detail: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Liquidated Damages 1. Has a project owner ever withheld retainage, issued liquidated damages or made a claim against any Performance and Payment Bonds? Yes________ No___X_____ If yes, please explain in detail: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ A civil citation was issued by the Alachua County Department of Environmental protection for a sewage spill on the Possum Creek Project for Gainesville Regional Utilities in April of 2018. The citation was paid in full and and all mitigation efforts were satisfactorily completed. X X N/A Page 535 of 668 pg. 48 TAB II OTHER FORMS ADDENDUM ACKNOWLEDGEMENT Mayor Commissioners Rusty Johnson Larry Brinson Sr, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Robert Frank George Oliver III, District 4 January 25, 2023 ADDENDUM NO. ONE (1) CITY OF OCOEE RFQ #23-004 CONSTRUCTION MANAGER AT RISK FOR FLORAL STREET WATER, SEWER AND ROAD RECONSTRUCTION This addendum shall modify and become a part of the original RFQ Documents for RFQ #23-004. This addendum consists of two (2) pages, including attachments. Respondents should acknowledge receipt of this addendum in their qualification package submission. Failure to do so may subject the Respondent to disqualification. The RFQ submission deadline has changed. Subsequent to the solicitation for RFQ #23-004 going live on Bonfire, the city was made aware that the required advertisement did not publish in the Orlando Sentinel on January 22, 2023 as indicated in the RFQ Documents. In order to comply with the advertising requirements of § 255.0525 (2), Florida Statutes, the submission deadline has changed. Additionally, the deadline for questions has changed. The new dates are as follows: Deadline for Questions: February 15, 2023, 2:00 p.m. local time Submission Deadline: February 28, 2023, 2:00 p.m. local time SShhaannnnoonn HHooppppeerr Shannon Hopper Purchasing Technician cc: Jamie Croteau, Utilities Director Attachment: Legal Advertisement Page 536 of 668 pg. 49 TAB II OTHER FORMS MWBE CERTIFICATION Veteran Business Certification Oelrich Construction, Inc. 01/22/2021 01/22/2023 Page 537 of 668 THANK YOU FOR YOUR Time & Consideration OELRICH CONSTRUCTION, INC. 428 S. Dillard St. Suite 103 I Winter Garden, FL 34787 Phone: 352.745.7877 Fax: 352.745.7878 www.oelrichconstruction.com Page 538 of 668 Page 539 of 668 Page 540 of 668 Page 541 of 668 Page 542 of 668 Page 543 of 668 Page 544 of 668 Page 545 of 668 Page 546 of 668 Page 547 of 668 Page 548 of 668 Page 549 of 668 Page 550 of 668 Page 551 of 668 Page 552 of 668 Page 553 of 668 Page 554 of 668 Page 555 of 668 Page 556 of 668 Page 557 of 668 Page 558 of 668 Page 559 of 668 RFQ #23-004 CONSTRUCTION MANAGER AT RISK FOR FLORAL STREET WATER, SEWER, AND ROAD RECONSTRUCTION EVALUATION FORM/SHORTLIST FOR RECOMMENDATION OF AWARD AFTER INTERVIEWS Respondent J. Malever Construction, Inc.Oelrich Construction, Inc. Prime Construction Group, Inc. Evaluator 1 1 3 2 Evaluator 2 1 3 2 Evaluator 3 1 3 2 Evaluator 4 1 3 2 TOTAL 4 12 8 RANKING 1 3 2 Note: Lowest Total is Highest Ranking After interviewing the three responding firms, the Evaluation Committee recommends award to the top ranked firm J. Malever Construction, Inc. Page 560 of 668 RFQ #23-004 CONSTRUCTION MANAGER AT RISK FOR FLORAL STREET WATER, SEWER AND ROAD RECONSTRUCTION INDIVIDUAL EVALUATION FORM Individual Evalution Form Evaluation Criteria J. Malever Construction, Inc.Oelrich Construction, Inc.Prime Construction Group, Inc. Overal expertise of the CMR to provide reqeusted services: General Civil; Roadway and other transportation; Environmental and stormwater; Potable water, sanitary sewer, and reclaimed water utilities (0-30 Points) 2.8 2i 1-U> Past performance and experience of the CMR Project Team (0-30 Points) 2^1 i£> Project approach and understanding of the project (0-20 Points)W m n Current and projected workload of the CMR (0-10 Points) B S CMR's Office location and proximity to Ocoee City Hall (0-5 Points)4 4 4 Certified small or minority business, women's business enterprise, or labor surplus area firm (0-5 Points)0 5 0 TOTAL POINTS (0-100 Points)2%8t % Member Ranking (1-3)1 5 -2- Evaiuator's Name A Evaiuator's Signature EvoJ I Page 561 of 668 Individual Evalution Form RFQ #23-004 CONSTRUCTION MANAGER AT RISK FOR FLORAL STREET WATER, SEWER AND ROAD RECONSTRUCTION INDIVIDUAL EVALUATION FORM Evaluation Criteria J. Maiever Construction, Inc.Oelrich Construction, Inc.Prime Construction Group, Inc. Overal expertise of the CMR to provide reqeusted services: General Civil; Roadway and other transportation; Environmental and stormwater; Potable water, sanitary sewer, and reclaimed water utilities (0-30 Points)2$ Past performance and experience of the CMR Project Team (0-30 Points)21 Project approach and understanding of the project (0-20 Points)jsr \3 Current and projected workload of the CMR (0-10 Points)?n CMR's Office location and proximity to Ocoee City Hall (0-5 Points)4 4 4 Certified small or minority business, women's business enterprise, or labor surplus area firm (0-5 Points)0 5 0 TOTAL POINTS (0-100 Points)4 . T/4 31 Member Ranking (1-3)/3 Evaluator's Name Evaluator's Signature IP'. Page 562 of 668 Individual Evalution Form RFQ #23-004 CONSTRUCTION MANAGER AT RISK FOR FLORAL STREET WATER, SEWER AND ROAD RECONSTRUCTION INDIVIDUAL EVALUATION FORM Evaluation Criteria J. Malever Construction, Inc.Oelrich Construction, Inc.Prime Construction Group, Inc. Overal expertise of the CMR to provide reqeusted services: General Civil; Roadway and other transportation; Environmental and stormwater; Potable water, sanitary sewer, and reclaimed water utilities (0-30 Points)28 25 27 Past performance and experience of the CMR Project Team (0-30 Points)29 15 23 Project approach and understanding of the project (0-20 Points)15 19 17 Current and projected workload of the CMR (0-10 Points)9 8 7 CMR's Office location and proximity to Ocoee City Hall (0-5 Points)4 4 4 Certified small or minority business, women's business enterprise, or labor surplus area firm (0-5 Points)0 5 0 TOTAL POINTS (0-100 Points)85 76 78 Member Ranking (1-3)1 3 2 Evaluator's Name Evaluator's Signature. Page 563 of 668 Individual Evalution Form RFQ #23-004 CONSTRUCTION MANAGER AT RISK FOR FLORAL STREET WATER, SEWER AND ROAD RECONSTRUCTION INDIVIDUAL EVALUATION FORM Evaluation Criteria J, Malever Construction, Inc.Oelrlch Construction, Inc.Prime Construction Group, Inc. Overal expertise of the CMR to provide reqeusted services: General Civil; Roadway and other transportation; Environmental and stormwater; Potable water, sanitary sewer, and reclaimed water utilities (0-30 Points) \hi 56? CyJTHL^ Z7 Past performance and experience of the CMR Project Team (0-30 Points)7 Project approach and understanding of the project (0-20 Points) 1 ^/-f Current and projected workload of the CMR (0-10 Points)8 6 5 CMR's Office location and proximity to Ocoee City Hail (0-5 Points)4 4 4 Certified small or minority business, women's business enterprise, or labor surplus area firm (0-5 Points)0 5 0 TOTAL POINTS (0-100 Points).«3 ,1^O 1 4 ^ ' Member Ranking (1-3)1 3 Evaiuator's Name Evaiuator's Signature, Page 564 of 668 Mayor Commissioners Rusty Johnson Scott R. Kennedy, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Robert Frank , District 4 City of Ocoee ▪ 1 North Bluford Ave ▪ Ocoee, Florida 34761 phone: (407) 905-3100 ▪ fax: (407) 905-3167 ▪ www.ocoee.org _____________ MEMORANDUM TO: Shannon Hopper, Purchasing Technician FROM: Jamie Croteau, Utilities Director DATE: April 3, 2023 RE: Contract Award Recommendation RFQ #23-004 Construction Manager at Risk Floral Street Water, Sewer, and Road Reconstruction Utilities recommends award of the Construction Manager at Risk (CMR) for the Floral Street Water, Sewer, and Road Reconstruction, RFQ No. 23-004, to J. Malever Construction, Inc., of Groveland, Florida. The City received qualification packages from J. Malever Construction, Inc., Oelrich Construction, Inc., and Prime Construction Group and interviewed each company. The evaluation committee unanimously selected J. Malever Construction, Inc., for the project based on their full understanding of the project scope and their project approach. The City has had numerous positive work experiences with J. Malever Construction, Inc., including (2) of the prior projects in downtown Ocoee. Their experience includes the completion of municipal projects throughout Florida that are similar to this project in both size and scope. Utilities requests City Commission approval for the City Manager and staff to negotiate up to, but not exceeding, a budget amount of $45,000.00 for preconstruction and design services and up to, but not to exceed, a percentage rate of 9% for the construction management fee. The next step in the CMR process will be to negotiate the Guaranteed Maximum Price (GMP) and completion date for the various elements of construction, which will be brought before the City Commission for approval at a later date. This project will extend the gravity sewer system and water main, as well as upgrade the existing potable water system in this area, all of which are part of the Downtown Master Plan and are vital to stimulate the development in the downtown Ocoee area. This project will be funded by bond proceeds and other dollars appropriated by the City Commission. Page 565 of 668