Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Item 04 Award of RFQ #25-009 Construction Manager at Risk
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: October 21, 2025 Item #: 4 Contact Name: Shannon Hopper, Joyce Tolbert Department Director: Steven Weber Contact Number: Ext. 1524, Ext. 1516 City Manager: Craig Shadrix Subject: Approval to Award RFQ #25-009 Construction Manager at Risk for the New Ocoee Fire Station #38 Facility. (Procurement Manager Tolbert) Background Summary: In compliance with Florida Statutes Section 255.103, which regulates Construction Management firms, the Consultants’ Competitive Negotiations Act (CCNA), Florida Statutes Section 287.055, et seq., and the policies and procedures of the City of Ocoee (City), the City solicited statements of qualifications from qualified Construction Manager At Risk firms (CMAR) to be responsible for construction administration and general contracting services resulting in the successful, timely, and economic completion of the City’s new fire station #38 facility for the best possible value. The new Fire Station #38 facility will be an approximately 7,500 sf, 3-bay fire station located on N. Lakewood Ave between 2nd Ave and Banyan Blvd. The City has retained JL2 Architecture, LLC to prepare the design and construction documents for this project. Construction is expected to begin on or after April 2026. 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, including administration of an Owner-Direct Purchase program to save applicable taxes. The RFQ was advertised on August 31, 2025, and was publicly opened on September 30, 2025. A total of nine (9) qualification packages were received. Finance reviewed the qualification statements and after review, eight (8) were considered responsive and one (1) was deemed non-responsive. See the attached Checklist. The qualification packages were then provided to the evaluation committee for review. The public RFQ Evaluation Committee meeting was held on October 13, 2025, for the purpose of interviewing key members of the project team from each of the eight (8) responsive firms and evaluating each firm on specific evaluation criteria. See the attached shortlist/evaluation forms. The appointed RFQ Evaluation Committee was comprised of three (3) members: Mike Rumer, Assistant City Manager; Steve Krüg, Public Works Director; and Shawn Sorenson, Deputy Fire Chief. The RFQ evaluation committee short-listed the following firms in ranked order, and recommends contracting with the top ranked firm, H.J. High Construction, per the attached award recommendation from Steve Krüg, Public Works Director. A table with the rankings is included on the following page. City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org RANK FIRM 1 H. J. High Construction 2 Scorpio 3 Mulligan Constructors 4 Charles Perry Partners 5 R. C. Stevens Construction Company 6 Erickson & Lindstrom Construction 7 Rycon Construction 8 Persons Services Corp Issue: Should the Honorable Mayor and City Commissioners award RFQ #25-009 Construction Manager at Risk for the New Ocoee Fire Station #38 Facility, to the top-ranked firm, H.J. High Construction, as recommended by the evaluation committee? Recommendations: Staff recommends the Honorable Mayor and City Commissioners: 1.) Accept the rankings of the Evaluation Committee and award RFQ #25-009 Construction Manager at Risk for the New Ocoee Fire Station #38 Facility, to the top ranked firm, H.J. High Construction; and, 2.) Authorize Staff to proceed with contract negotiations with the selected firm for the Pre-Construction Phase. Once the Pre-Construction Phase has been negotiated, the contract and fee will be brought back to the City Commission for approval. Once approved staff will then proceed with negotiations for the Construction Phase, Guaranteed Maximum Price (GMP) and the Guaranteed Completion date of the project, which will also be brought back to the City Commission for approval once the required performance and payment bonds and insurance has been obtained. 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. Shortlist and Evaluation Forms 2. Award Recommendation Letter 3. Checklist 4. H.J. High_Qualification Package 5. Scorpio_Qualification Package 6. Mulligan_Qualification Package 7. Solicitation 8. Addendum 01 9. Addendum 02 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Financial Impacts: The project has a budgeted amount of $5,400,000.00. This amount includes a $400,000 contribution from the Contribution Agreement between the Consortium and City relating to the Ocoee Village PUD. The city will also receive a $1,000,000 reimbursement from the State of Florida for this project. The remaining budget after design and other project costs is $4,713,608.75 and will be funded out of Capital Improvements Fire Control under job# P000352 GL 317-522-00-6302. Type of Item: Consent RFQ #25-009 CONSTRUCTION MANAGER AT RISK FOR THE NEW OCOEE FIRE STATION #38 SHORTLIST/INDIVIDUAL EVALUATION FORM Respondent Charles Perry Partners, Inc. Erickson & Lindstrom Construction Co.H. J. High Construction Mulligan Constructors, Inc. Evaluator 1 4 7 2 3 Evaluator 2 3 5 1 4 Evaluator 3 4 6 2 1 TOTAL 11 18 5 8 RANKING 4 6 1 3 Note: Lowest Total is Highest Ranking The tie between 7th and 8th was broken by totalling the evaluators individual scores for those two firms. After interviewing the 8 responsive firms, the Evaluation Committee recommends award to the top ranked firm, H. J. High Construction. Page 1 of 2 RFQ #25-009 CONSTRUCTION MANAGER AT RISK FOR THE NEW OCOEE FIRE STATION #38 SHORTLIST/INDIVIDUAL EVALUATION FORM Respondent Evaluator 1 Evaluator 2 Evaluator 3 TOTAL RANKING Persons Services Corp R. C. Stevens Construction Company Rycon Construction, Inc Scorpio (D.E. Scorpio Corporation) 8 5 6 1 7 6 8 2 7 5 8 3 22 16 22 6 8 5 7 2 Note: Lowest Total is Highest Ranking The tie between 7th and 8th was broken by totalling the evaluators individual scores for those two firms. After interviewing the 8 responsive firms, the Evaluation Committee recommends award to the top ranked firm, H. J. High Construction. Page 2 of 2 RFQ #25-009 CONSTRUCTION MANAGER AT RISK FOR THE NEW OCOEE FIRE STATION #38 FACILITY 09/30/2025 2:00 P.M. CHECKLIST RESPONDENT Acknowledge Addendum No. 1 & 2 Form License AND Company Verification Submission Requirements such as: Qualifications, Experience, References, Project approach, Current & Projected Workload MBE (Respondent) Letter of Intent from Surety - Bonding Capacity Exceptions to Scope of Services or Contract Documents Form Summary of Litigation Form Conflict of Interest Disclosure Form Confidential Disclosure Agreement Form Company Information/Signature Form Drug-Free Workplace Form Non-Segregated Facilities Form Scrutinized Companies' Lists Form Human Trafficking Affidavit Form Company Not an Entity of Foreign Country of Concern Form Contractor E-Verify Affidavit Form NOTE: Respondents listed in alphabetical order *Missing forms considered a minor irregularity ✓✓ ✓✓ NON-RESPONSIVE FOR FAILURE TO PROVIDE SURETY LETTER OF INTENT STATING RESPONDENT'S BONDING CAPACITY. NON-RESPONSIVE FOR FAILURE TO PROVIDE NUMEROUS REQUIRED SUBMISSION MATERIALS. MISSING OVERALL EXPERTISE OF THE CMAR TO PROVIDE THE REQUESTED SERVICES. MISSING CMAR PROJECT TEAM AND THE TEAM'S EXPERIENCE. REFERENCE FORM PROVIDED IS INCOMPLETE. MISSING PROJECT APPROACH AND UNDERSTANDING OF THE PROJECT. MISSING CURRENT AND PROJECTED WORKLOAD. ✓✓✓ ✓ ✓ ✓ ✓ ✓✓✓ ✓ ✓✓ ✓✓✓ Active ✓ ActiveActive ✓ ✓ ✓ No Missing 02* Requested, Received 10/6 ✓✓ ✓ Erickson & Lindstrom Construction Co.6S Builders LLC H. J. High Construction Charles Perry Partners, Inc. N/A N/A Not indicated = No, None No N/A ✓✓✓ ✓✓✓ ✓ ✓✓✓ ✓ 1 RFQ #25-009 CONSTRUCTION MANAGER AT RISK FOR THE NEW OCOEE FIRE STATION #38 FACILITY 09/30/2025 2:00 P.M. CHECKLIST RESPONDENT Acknowledge Addendum No. 1 & 2 Form License AND Company Verification Submission Requirements such as: Qualifications, Experience, References, Project approach, Current & Projected Workload MBE (Respondent) Letter of Intent from Surety - Bonding Capacity Exceptions to Scope of Services or Contract Documents Form Summary of Litigation Form Conflict of Interest Disclosure Form Confidential Disclosure Agreement Form Company Information/Signature Form Drug-Free Workplace Form Non-Segregated Facilities Form Scrutinized Companies' Lists Form Human Trafficking Affidavit Form Company Not an Entity of Foreign Country of Concern Form Contractor E-Verify Affidavit Form NOTE: Respondents listed in alphabetical order *Missing forms considered a minor irregularity Scorpio (D.E. Scorpio Corporation) ✓ ✓ ✓✓ ✓ ✓ ✓✓ ✓ No ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓✓✓ ✓ ✓ Active ActiveActive ✓ Rycon Construction, Inc. N/A Active ✓ No ✓ No ✓ ✓ No Persons Services Corp R. C. Stevens Construction Company ✓ ✓ Yes. Contract considerations and insurance redlines in Agreement. N/A ✓ Active N/A ✓✓ Mulligan Constructors, Inc. ✓✓✓✓ ✓✓✓ ✓✓✓ ✓ ✓ ✓ Missing* Requested, Received 10/6 N/A ✓ ✓ ✓ ✓✓ N/A ✓ ✓ ✓ ✓ ✓✓✓ ✓ ✓ ✓ ✓ ✓✓ ✓✓ 2 RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility September 30, 2025 Cover Letter 01 Contractor Qualifications 03 Project Team Members 08 Similar Projects and Client References 14 Current Workload 20 Project Approach 21 Financials 35 Other Required Forms 38 H. J. High Construction | 1City of Ocoee CMAR for Fire Station #38 September 30, 2025 Shannon Hopper Purchasing Technician II City of Ocoee 401 S Park Ave Winter Park, FL 32789 Re: RFP #25-009: CMAR for the New Ocoee Fire Station #38 Facility Dear Ms. Hopper and Selection Committee Members: Fire stations are an integral part of any community. It’s not simply the services they provide, but the image they convey. A fire department is a symbol of safety, community, and longevity. Throughout our 89 year history, we have made it our goal to build projects that not only last, but add meaning and beauty to the community. We understand the pride that the City of Ocoee takes in its history and its future and we also understand the impact your fire stations will have for your residents. That’s why we put together a winning team with extensive fire station experience that is well equipped to exceed your needs and expectations. Please consider the following distinct advantages as reasons why our team is best suited to work for you. Qualified Experience with Fire Station Construction — Over 50% of our current projects are Public Safety Facilities for municipalities around Florida. More specifically, H. J. High has been selected to construct nine fire stations in the past five years. Each station is a state-of-the-art design incorporating new technologies and an emphasis on firefighter safety. We are excited to bring our experience on these facilities to the City of Ocoee! We Have the Right Team — Our team is perfectly suited for this project. Project Manager Aaron Kizer and Superintendent Dave Long have extensive experience in public safety projects. In addition, we maintain a strong professional relationship with the project architect, JL2, with whom we are currently working on a police headquarters project. Well-being of Firefighters is Our Priority — As proud members of the Florida Fire Chiefs’ Association and the Central Florida Fire Chiefs’ Association, we know that Firefighters are three times more likely to die from cancer. It’s important to provide a facility that is safe, free of pathogens and carcinogens, and promotes the overall health of each firefighter. H. J. High focuses on the life-safety of the occupants first. We make sure the construction and the materials used will provide a safe environment for the occupants for the life of the building. We keep a keen eye on the smallest details, because details matter. Details like making sure the ice maker isn’t in the apparatus bay collecting carcinogens from the trucks and turnout gear. Something as simple as putting USB plugs at the heads of bunks so the fire and rescue staff don’t have to get out of bed to plug in their devices, allows them to get more sleep and contributes to their overall health. Focus on Longevity and the Life Span of the Facility — Your fire stations need to last. That means using techniques and materials that are safe and durable. The mission of your fire department needs to be executable in a variety of conditions and extremes without fail. We will build your facility with usability in mind. Response times, traffic flow, storage areas, restroom locations, living quarters and a plethora of considerations need to be accommodated for, to allow for the most efficient, user-friendly environment possible. H. J. High Construction | 2City of Ocoee CMAR for Fire Station #38 Our Philosophy — We demonstrate trustworthiness in our professional conduct. We are a partner on whom you can depend – we do what we say. We take pride in our work by putting forth our best effort. We honor our commitments and accept responsibility for our actions. We are prudent in the management and appropriation of our finances and resources. We strive to contribute to society’s growth through revitalization and development of the communities we serve. Understanding of the Required Services and Commitment to Perform the Work — We fully understand the scope of services that are required as the CMAR and are qualified to meet each of the professional requirements, as well as the licensing, insurance, and bonding requirements of the project. Building on Success — We are grateful to have built some of the best fire facilities for several different communities, but we don’t rest on our laurels. We view each project as an opportunity to improve on the last. We always engage the end users of the facilities we’ve built for suggestions on how to improve each new station. We take lessons learned, market conditions, usability studies, and real-time feedback from the firefighters and staff that occupy the station and incorporate that information into our design. It is our sincere hope that our proposal for the City of Ocoee Fire Station #38 will stand apart from the others you receive, as we are truly specialists in the unique process of building facilities that exceed our clients’ expectations. We look forward to being a part of your team and working with your team to deliver a tower that will service the needs of the City of Ocoee Fire Department for years to come! We thank you for the opportunity to present our qualifications to build your new fire station and look forward to growing our relationship. We thank you for your consideration. Sincerely, Robert J. High, LEED AP, DBIA President H. J. High Construction H. J. High Construction | 3City of Ocoee CMAR for Fire Station #38 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 HIGH, ROBERT J Do not alter this document in any form. H J HIGH CONSTRUCTION COMPANY LICENSE NUMBER: CGC1511171 EXPIRATION DATE: AUGUST 31, 2026 This is your license. It is unlawful for anyone other than the licensee to use this document. 1015 WEST AMELIA STREET ORLANDO FL 32805 Always verify licenses online at MyFloridaLicense.com ISSUED: 09/04/2024 State of Florida Department of State I certify from the records of this office that H.J.HIGH CONSTRUCTION COMPANY is a corporation organized under the laws of the State of Florida, filed on December 30,1955. The document number of this corporation is 189889. I further certify that said corporation has paid all fees due this office through December 31,2025,that its most recent annual report/uniform business report was filed on April 11,2025,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 Eleventh day of April,2025 Tracking Number:7217174926CC To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication Contractor Qualifications H. J. High Construction | 4City of Ocoee CMAR for Fire Station #38 89 Years in Business 0 litigation, major disputes, contract defaults or liens experienced in the last 89 years 1st Construction Manager At Risk in Central Florida Public Safety Experts 3rd Generation Family-Owned Business We Are YOUR Advocate 200+ Construction Manager at Risk Projects Since 1972 $545 M of Public Safety Projects Since 2017 Executive Involvement in Every Project Reinvesting in Your Community by Utilizing Local Vendors Brief History H. J. High Construction has been in business since 1936, 89 years, and was founded in post-depression Orlando by Harlem John High. When Johnny passed away in 1968, his son Steve was appointed the company’s president. Under Steve’s leadership H. J. High gained esteem as one of Central Florida’s premiere general contractors, executed the first Construction Manager at Risk agreement in Central Florida and began delivering projects utilizing design-build methodology. In 1998, Steve’s son Robert joined the company. Robert was appointed president of H. J. High in 2006, marking the third generation to lead H. J. High. He follows in his father’s and grandfather’s footsteps through his leadership and delivery of high quality facilities. Steve High now serves as the company’s Chairman. Direction of Business Since 1936, H. J. High Construction has been a leader in Florida’s construction marketplace and dedicated to building only the highest quality buildings that inspire, educate and further people’s lives while enhancing their communities. H. J. High Construction specializes in general contracting, pre-construction services, design-build, construction management and preventative maintenance services for education, municipal, public safety, industrial, commercial, themed entertainment and religious facilities. We maintain between 35-50 employees in order to provide a more personalized experience for our clients. This is a deliberate business model that has been successful in the past and we plan to continue in the future. Contractor Qualifications H. J. High Construction | 5City of Ocoee CMAR for Fire Station #38 Public Safety Experts H. J. High is very proud of our service to the public safety sector. Public safety training facilities are essential to every community and we work to build the very best. Since 2017, we have completed, or have been awarded, 28 Public Safety Facilities, including 9 police headquarters, and 11 fire facilities. We understand the unique requirements of a modern fire stattion. From specialized spaces to features that prioritize safety, durability, and functionality, we know how to construct a facility that meets the rigorous demands of firefighter preparation. We understand the critical role that material selection and building techniques play in creating a facility that will last. We understand this because we listen to your team, placing their needs at the forefront and doing everything we can to meet those needs while staying within budget. $545+ Million 11 Fire Dept. Facilites 28 Public Safety Projects 958,938 Total SF Police Facilities17 Since 2017 Some of Our Clients H. J. High’s Public Safety Experience Contractor Qualifications H. J. High Construction | 6City of Ocoee CMAR for Fire Station #38 Some of Our Public Safety Projects City of Cocoa Beach Police Department Headquarters City of Orlando Government Services & Police Substation City of Hollywood Police Department Headquarters IRSC Treasure Coast Public Safety Training Center City of Pinellas Park Public Safety Training City of Orlando Police Department Headquarters City of Kissimmee Public Safety Training Facility & Fire Tower Town of Windermere Police Department & Town Facilities City of Boynton Beach Police Dept. HQ & Fire Station 1 City of Orlando Fire Station 9 City of Orlando Fire Station 6City of Orlando Fire Station 11 City of Orlando Police Department Equestrian Facility City of Palmetto Police Department Headquarters City of Orlando Code Enforcement Facility City of Orlando Fire Station 18 City of Port St. Lucie Police Training Facility City of Orlando Police Department Crime Scene Facility City of Ft. Lauderdale Police Department Headquarters City of Apopka Public Safety Complex Contractor Qualifications H. J. High Construction | 7City of Ocoee CMAR for Fire Station #38 With 89 years of operation in Central Florida, our firm brings nearly a century of proven experience delivering Construction Management services to government agencies across the state. H. J. High Construction was the first general contractor to use the CM at Risk method in Central Florida. Our deep roots in the region have allowed us to build long-standing relationships and a deep understanding of the unique challenges and requirements of municipal, county, and state projects throughout Florida. We have successfully provided CM services for more than 20 government agencies, ranging from small towns to major metropolitan areas. Our experience spans the full spectrum of public facilities, including public safety buildings, libraries, community centers, public works facilities, and more. This reflects our ability to adapt to varying agency standards, local conditions, and stakeholder priorities across Florida. Our team is highly familiar with Florida’s competitive procurement rules and procedures. We understand the statutory requirements that guide public contracting and the importance of transparency, fairness, and accountability in every stage of procurement. In addition, we have extensive experience administering Owner Direct Purchase programs (ODPs) for government clients. By coordinating tax-exempt purchasing of major building materials and equipment, we have helped Florida agencies realize significant savings while maintaining strict compliance with state regulations. Our long-standing presence and reputation in Florida mean that we bring not only technical expertise but also trusted relationships with local subcontractors, resulting in a smoother construction experience for our government clients. Brevard County City Cocoa Beach NASA Patrick Air Force Base Port Canaveral Brevard County Schools Volusia County Schools City of Port St. Lucie City of Boynton Beach City of Hollywood City of Fort Lauderdale City of Apopka City of Kissimmee City of Orlando City of Winter Park Orange County Orange County Library System Osceola County Seminole County Town of Windermere City of Palmetto City of Bradenton City of Pinellas Park Experience with Florida Government Agencies Contractor Qualifications H. J. High Construction | 8City of Ocoee CMAR for Fire Station #38 Communications Project Superintendent Dave Long Senior Project Administrator Krystal Neville ConstructionSafetyPre-Construction Senior Estimator Steve Luton Estimator AJ Johnson Vice President of Pre-construction Orrie Feitsma Safety Director Cindy Spiropoulos Director of Community Engagement Shawn Straight Project Manager Aaron Kizer Project Executive Robert High Organization Chart H. J. High’s personnel team brings decades of combined experience in public safety projects. We are acutely aware of the speed and production demands of these types of projects and have purposefully kept our organization streamlined so team communication is highly effective. Ocoee’s lead contact for the project who will have signing authority will be Robert High, President of H. J. High Construction. H. J. High’s project manager will coordinate the work on a day to day basis and will regularly coordinate and interface with the City’s project representative. H. J. High’s superintendent will oversee field operations and will lead our subcontractor coordination, quality assurance, safety and execution. Our superintendent will interact with the permitting authorities to be sure field inspections are properly coordinated and passed. Project Team Members H. J. High Construction | 9City of Ocoee CMAR for Fire Station #38 The City of Boynton Beach Fire Department Station #1 The Boynton Beach Fire Station #1 is a 14,000 SF, two story complex with apparatus bays, living quarters, airlocks and a “walk through” decontamination room, living quarters, dining and day rooms are all located on the second floor. City of Orlando Fire Station #9 The 11,8800 SF facility is designed with stringent survivability and safety accommodations. Apparatus bays are separated from the living and working quarters for added safety. A dual airlock system and decontamination room are integrated to prevent exposure to dangerous carcinogens and contaminants. Aesthetic considerations such as exterior finishes, site lighting, and landscaping are planned to allow greater integration into the surrounding community. City of Orlando Fire Station #6 An Aircraft Rescue and Firefighting Facility (ARFF), Fire Station #6 is a special type of fire response unit that involves the response, hazard mitigation, evacuation and possible rescue of passengers and crew of an aircraft involved in (typically) an airport ground emergency. It has three apparatus bays and is designed with firefighter safety in mind. It features sleeping quarters with acoustic separation and a decontamination room with an Active Decon unit and shower to prevent contamination of living quarters. City of Orlando Fire Station #11 Fire Station #11 has four apparatus bays and is being integrated into an existing sports and recreation complex. Primary building materials include masonry with stucco finish, parapet roofs, color variation and reveals. City of Orlando 4 Fire Stations The City of Orlando intends to design/build up to four Fire Stations, primarily located in the southeast Orlando. The fire stations will likely be approximately 10,000-15,000 sq. ft. in size, three – four bays, one story (however a two story design may be considered if there are site constraints and additional safety measures included), including onsite solar, and the associated parking, stormwater, landscaping and other site infrastructure requirements. City of Kissimmee Burn Tower Facility The 60´ by 40´ Training Tower features a parapet roof guard with chained opening as well as interior stairs up to the fourth floor. There’s also an interior set of stairs from the fourth floor to the roof. Materials include an exterior steel door, window openings with steel shutters and a roof hatch. IRSC: Treasure Coast Public Safety Training Facility With 100,629 SF, the Treasure Coast Public Safety Training Complex is the largest public safety training facility in south/central Florida. It consists of fire- rescue training, nine buildings, a Mock Village, Sheriff’s Tactical Driving Course, and a five acre retention pond. Robert will oversee the team’s involvement through the pre-construction, construction, and warranty phases. As both the Project Executive and President of H. J. High, Robert High works closely with the architect and client along with our pre-construction team, project managers and superintendent to keep the process moving forward and to ensure the client’s needs are being met. Project Experience Years of Experience H. J. High: 1998 Industry: 1998 Education Management School Harvard University Master of Business Administration Rollins College Bachelor of Science Furman University Licenses + Certifications Certified General Contractor (FL, GA and SC) LEED® Accredited Professional Design-Build Professional Robert High, DBIA, LEEDAP President / Project Executive Project Team Members H. J. High Construction | 10City of Ocoee CMAR for Fire Station #38 Orrie Feitsma, DBIA Vice President of Preconstruction Services Licenses + Certifications OSHA 30 Hour Construction Safety ICC Building Inspector Design-Build Professional As Vice President of Pre-construction Services, Orrie serves as Chief Estimator working closely with the project manager and the design team during the pre- construction phase of the project. Orrie completes site visits, prepares estimates at the schematic, design development and construction document stages and oversees solicitation and pre-qualification of subcontractors and suppliers. In addition, Orrie manages the Building Information Modeling (BIM) process and will work alongside Ocoee’s staff to develop value enhancement options for the project. Years of Experience H. J. High: 2014 Industry: 2000 Education Bachelor of Science in Construction Management Southern Polytechnic State University The City of Boynton Beach Fire Department Station #1 The Boynton Beach Fire Station #1 is a 14,000 SF, two story complex with apparatus bays, living quarters, airlocks and a “walk through” decontamination room, living quarters, dining and day rooms are all located on the second floor. The station was designed with maximum safety and usability in mind. City of Orlando Fire Station #9 The 11,8800 SF facility is designed with stringent survivability and safety accommodations. Apparatus bays are separated from the living and working quarters for added safety. A dual airlock system and decontamination room are integrated to prevent exposure to dangerous carcinogens and contaminants. Aesthetic considerations such as exterior finishes, site lighting, and landscaping are planned to allow greater integration into the surrounding community. City of Orlando Fire Station #11 Fire Station #11 has four apparatus bays and is being integrated into an existing sports and recreation complex. Primary building materials include masonry with stucco finish, parapet roofs, color variation and reveals. City of Orlando Fire Station #6 An Aircraft Rescue and Firefighting Facility (ARFF), Fire Station #6 is a special type of fire response unit that involves the response, hazard mitigation, evacuation and possible rescue of passengers and crew of an aircraft involved in (typically) an airport ground emergency. It has three apparatus bays and is designed with firefighter safety in mind. It features sleeping quarters with acoustic separation and a decontamination room with an Active Decon unit and shower to prevent contamination of living quarters. City of Orlando 4 Fire Stations The City of Orlando intends to design/build up to four Fire Stations, primarily located in the southeast Orlando. The fire stations will likely be approximately 10,000-15,000 sq. ft. in size, three – four bays, one story (however a two story design may be considered if there are site constraints and additional safety measures included), including onsite solar, and the associated parking, stormwater, landscaping and other site infrastructure requirements. City of Kissimmee Burn Tower Facility The 60´ by 40´ Training Tower features a parapet roof guard with chained opening as well as interior stairs up to the fourth floor. There’s also an interior set of stairs from the fourth floor to the roof. Materials include an exterior steel door, window openings with steel shutters and a roof hatch. Project Experience Project Team Members H. J. High Construction | 11City of Ocoee CMAR for Fire Station #38 As the Project Manager, Mr. Kizer will be the team’s leader through both the pre-construction and construction phases. During the pre-construction phase, Aaron will oversee the development of estimates. He will work closely with the chief estimator and entire team to develop and refine value engineering options for consideration and review documents for project construction. Once the GMP has been established, he will develop and administer subcontracts, the project budget, baseline and progress schedules, submittals and changes. Aaron Kizer Project Manager Project Experience City of Orlando Fire Station #6 An Aircraft Rescue and Firefighting Facility (ARFF), Fire Station #6 is a special type of fire esponse unit that involves the response, hazard mitigation, evacuation and possible rescue of passengers and crew of an aircraft involved in (typically) an airport ground emergency. It has three apparatus bays and is designed with firefighter safety in mind. It features sleeping quarters with acoustic separation and a decontamination room with an Active Decon unit and shower to prevent contamination of living quarters. City of Orlando 4 Fire Stations The City of Orlando intends to design/build up to four Fire Stations, primarily located in the southeast Orlando. The fire stations will likely be approximately 10,000-15,000 sq. ft. in size, three – four bays, one story (however a two story design may be considered if there are site constraints and additional safety measures included), including onsite solar, and the associated parking, stormwater, landscaping and other site infrastructure requirements. Pet Alliance of Greater Orlando Animal Shelter and Hospital The new PAGO facility is a 25,000 sq ft animal welfare facility featuring a 10,000 sq ft veterinary unit with quarantine areas for dogs and cats, neonatal kitten care rooms, adoption service areas, and indoor/outdoor play yards. The project includes specialized HVAC for animal comfort and health, as well as support spaces for enrichment and staff operations. Brevard County Public Schools – Apollo Elementary Improvements This multi-phase project at Apollo Elementary included the construction of a new pre-engineered metal building for outdoor PE activities with an accessible sidewalk, replacement of the administrative and classroom air handling units along with power air ventilators, and installation of a new fire alarm system. Additional scope involved replacing deteriorated cast iron sewer lines with PVC to improve building flow, rerouting domestic water lines above the ceiling, and renovating gang restrooms to meet current code and ADA requirements. Years of Experience H. J. High: 2024 Industry: 1997 Education Bachelors of Science in Construction Science Texas AM Univeristy Licenses + Certifications OSHA 30 Hour Project Team Members H. J. High Construction | 12City of Ocoee CMAR for Fire Station #38 Project Experience City of Orlando Fire Station #9 The 11,8800 SF facility is designed with stringent survivability and safety accommodations. Apparatus bays are separated from the living and working quarters for added safety. A dual airlock system and decontamination room are integrated to prevent exposure to dangerous carcinogens and contaminants. Aesthetic considerations such as exterior finishes, site lighting, and landscaping are planned to allow greater integration into the surrounding community. City of Orlando Fire Station #11 Fire Station #11 has four apparatus bays and is being integrated into an existing sports and recreation complex. Primary building materials include masonry with stucco finish, parapet roofs, color variation and reveals. City of Orlando Fire Station #6 An Aircraft Rescue and Firefighting Facility (ARFF), Fire Station #6 is a special type of fire response unit that involves the response, hazard mitigation, evacuation and possible rescue of passengers and crew of an aircraft involved in (typically) an airport ground emergency. It has three apparatus bays and is designed with firefighter safety in mind. It features sleeping quarters with acoustic separation and a decontamination room with an Active Decon unit and shower to prevent contamination of living quarters. City of Orlando 4 Fire Stations The City of Orlando intends to design/build up to four Fire Stations, primarily located in the southeast Orlando. The fire stations will likely be approximately 10,000-15,000 sq. ft. in size, three – four bays, one story (however a two story design may be considered if there are site constraints and additional safety measures included), including onsite solar, and the associated parking, stormwater, landscaping and other site infrastructure requirements. IRSC: Treasure Coast Public Safety Training Facility With 100,629 SF, the Treasure Coast Public Safety Training Complex is the largest public safety training facility in south/central Florida. It consists of fire- rescue training, nine buildings, a Mock Village, Sheriff’s Tactical Driving Course, and a five acre retention pond. City of Orlando Police Department Headquarters This three story, 100,307 SF, tilt-wall facility is the flagship of the Orlando Police Department. LEED® Silver certified, it uses day-lighting, energy efficient mechanical systems and environmentally friendly finishes. The facility houses public spaces, recruiting offices, Homicide/Robbery/Assault & Battery Units, as well as the Chief of Police Division, Professional Standards, Technology Management and Legal Divisions. Dave Long Project Superintendent As H. J. High’s Project Superintendent, Dave leads the overall field construction efforts. Dave works closely with the project manager and subcontractors in implementing and adjusting the project schedule as well as supervising the workmanship and materials being used on the project. Dave also coordinates modifications and changes needed in the field, and leads the field safety and quality control efforts. Years of Experience H. J. High: 1999 Industry: 1985 Education Associate of Arts Seminole State College Licenses + Certifications OSHA 30 Hour Project Team Members H. J . H i g h C o n s t r u c t i o n | 1 3 Ci t y o f O c o e e C M A R f o r F i r e S t a t i o n # 3 8 Sept Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Jan Feb Mar Apr May 2026 20272025 Design Construction Robert High Project Executive Orrie Feitsma VP of Preconstruction Steve Luton Senior Estimator Aaron Kizer Project Manager Ruby Mann Project Superintendent Krystal Neville Sr. Project Administrator In-Office, 30% In-Office and On-Site, 100% In-Office, 30% In-Office, 50% On-Site, 100% In-Office, 100% Preconstruction Schedule is subject to change and is intended as a visual guide to illustrate team time commitments. Pr o j e c t T e a m M e m b e r s H. J. High Construction | 14City of Ocoee CMAR for Fire Station #38 City of Orlando Fire Station #11 Orlando, Florida The new station is designed with stringent survivability and functionality in mind. Its floor plan prioritizes functionality, rapid response times, and firefighter health, and safety. Apparatus bays are strategically seperated from living and working quarters by apparatus support areas featuring airlocks with pressurization to prevent carcinogen infiltration. Additionally, a dedicated decontamination room equipped with an Active Decon unit and shower facilities are included. Sleeping and active crew quarters are acoustically separated to facilitate firefighter rest and recovery. H. J. High’s Role Construction Manager Owner’s Representative Corey Knight Project Management Division City of Orlando Public Works 400 S. Orange Ave. Orlando, FL 32801 321-229-0273 Corey.Knight@cityoforlando.net Project Size 14,700 SF Project Cost $9,407,590 Completion Date March 2024 Team Members Involved Robert High - Project Executive Orrie Feitsma - VP of Pre Construction Michael Vinson - Project Engineer Dave Long - Project Superintendent Similar Projects and Client References H. J. High Construction | 15City of Ocoee CMAR for Fire Station #38 City of Orlando Fire Station #9 Orlando, Florida As the prototype for future City of Orlando Fire Stations, this 11,800 SF facility is designed with stringent survivability and safety accommodations. Apparatus bays are separated from the living and working quarters for added safety. A dual airlock system and decontamination room are integrated to prevent exposure to dangerous carcinogens and contaminants. The sleeping quarters have acoustic separation to allow for much needed rest and recuperation. H. J. High’s Role Construction Manager Owner’s Representative Corey Knight Project Management Division City of Orlando Public Works 400 S. Orange Ave. Orlando, FL 32801 321-229-0273 Corey.Knight@cityoforlando.net Project Size 11,800 SF Project Cost $5,900,000 Completion Date August 2020 Team Members Involved Robert High - Project Executive Orrie Feitsma - VP of Pre Construction Dave Long - Project Superintendent Similar Projects and Client References H. J. High Construction | 16City of Ocoee CMAR for Fire Station #38 City of Boynton Beach Fire Station #1 Boynton Beach, Florida Boynton Beach Fire Station #1, designed for the growing community, adheres to evolving firefighter response and safety standards. This two-story complex includes 3 apparatus bays, living quarters, and District Energy Services. Airlocks and a decontamination room ensure separation of contaminants. Living areas, kitchen, dining, and day room are on the second level, featuring windows for natural light. A second-floor balcony offers firefighters an outdoor relaxation space. H. J. High’s Role Construction Manager Owner’s Representative Colin Groff Assistant City Manager City of Boynton Beach 3301 Quantum Blvd. P.O. Box 310ß Boynton Beach, FL 33426 (904) 209-2703 CGroff@sjcfl.us Project Size 14,000 SF Project Cost $4,800,000 Completion Date June 2020 Team Members Involved Robert High - Project Executive Orrie Feitsma - VP of Pre Construction Ken Tucker - Project Superintendent Similar Projects and Client References H. J. High Construction | 17City of Ocoee CMAR for Fire Station #38 An Aircraft Rescue and Firefighting Facility (ARFF), Fire Station #6 is a special type of fire response unit that involves the response, hazard mitigation, evacuation and possible rescue of passengers and crew of an aircraft involved in (typically) an airport ground emergency. It has three apparatus bays and is designed with firefighter safety in mind. It features sleeping quarters with acoustic separation and a decontamination room with an Active Decon unit and shower to prevent contamination of living quarters. H. J. High’s Role Construction Manager Owner’s Representative Corey Knight Project Management Division City of Orlando Public Works 400 S. Orange Ave. Orlando, FL 32801 321-229-0273 Corey.Knight@cityoforlando.net Project Size 14,240 SF Project Cost $9,400,000 (est) Completion Date In Construction Team Members Involved Robert High - Project Executive Orrie Feitsma - VP of Pre Construction Michael Vinson - Project Engineer Dave Long - Project Superintendent Aaron Kizer- Project Manager City of Orlando Fire Station #6 Orlando, Florida Similar Projects and Client References H. J. High Construction | 18City of Ocoee CMAR for Fire Station #38 A new Fire Station facility, Fire Station #18, will serve the City of Orlando in the Lake Nona area just south of Orlando International Airport. The single- story, tilt-wall panel station is designed to support the daily operations, training, and wellbeing of its firefighters. It includes 10 firefighter bunk rooms, 2 lieutenant bunk rooms, dedicated shower facilities, along with a kitchen, dining room, dayroom, laundry, and pantry spaces. For fitness and readiness, the design incorporates both an indoor physical agility room and an exterior training area. To ensure operational efficiency, the facility features three apparatus bays, a turnout gear room, an EMS supply room, decontamination space, and an airlock. Administrative and support areas include a lieutenant’s office, telecom room, dry storage, mechanical room, and a public lobby with restroom access. H. J. High’s Role Construction Manager Owner’s Representative Corey Knight Project Management Division City of Orlando Public Works 400 S. Orange Ave. Orlando, FL 32801 321-229-0273 Corey.Knight@cityoforlando.net Project Size 11,250 SF Project Cost $10,245,000 (est) Completion Date Est. Nov 2026 Team Members Involved Robert High - Project Executive Orrie Feitsma - VP of Pre Construction Michael Vinson - Project Engineer Dave Long - Project Superintendent Aaron Kizer- Project Manager City of Orlando Fire Station #18 Orlando, Florida Similar Projects and Client References H. J. High Construction | 14City of Ocoee CMAR for Fire Station #38 City of Kissimmee Public Safety Training Facility: Fire Tower Kissimmee, Florida The facility features a five-story fire training tower for the City of Kissimmee Fire Department. The 3,556 SF fire training facility consists of a pre-engineered structure featuring burn rooms where temperatures can reach up to 1,200 degrees, repealing rail systems, mock-elevator shafts, moveable interior partition walls, an artificial smoke distribution system and smoke generator, and areas to mimic a residential unit. A gravel area is also provided for the fire department to practice extraction maneuvers. H. J. High’s Role Construction Manager Owner’s Representative Robert Masiku Sr. Project Manager City of Kissimmee 101 Church Street, Ste. 301. Kissimmee, FL 34741 407-624-0269 Project Size 26,000 SF Project Cost $1,182,003 Completion Date February 2020 Team Members Involved Robert High - Project Executive Orrie Feitsma - VP of Pre Construction Bill Mees - Superintendent Ken Tucker - Superintendent Similar Projects and Client References H. J. High Construction | 15City of Ocoee CMAR for Fire Station #38 Pinellas Park Public Safety Training Campus Pinellas Park, Florida This project entails the design, construction, renovation, and any/all necessary permitting to build the new City of Pinellas Park Police Station and renovate the existing Police Station into a Fire Station. This project includes work with the Police K-9 Unit, kenneling and training facility. Concurrent to construction, the work will also include the design and construction of an HVAC chiller system for air conditioning within the proposed project capable of expansion to include additional buildings. H. J. High’s Role Construction Manager Owner’s Representative City of Pinellas Park Steve Majko 6250 82nd Ave. N., Pinellas Park, FL 33781 727-369-5662 smajko@pinellas-park.com Project Size 70,000 SF Project Budget $18,500,000 Completion Date Est. June 2026 Team Members Involved Robert High - President Orrie Feitsma - VP of Pre Construction Similar Projects and Client References H. J. High Construction | 16City of Ocoee CMAR for Fire Station #38 The City of Apopka’s New Public Safety Facility includes a joint-use Public Access Area with state of the art Information Technology, a modern Police Department Headquarters, efficient Fire Department Administration Facilities, the strategic relocation of Fire Station #1, and Facility Services and Support infrastructure. The 3.2 acre site will include the essential features such as public and secure staff parking as well as central utility plant that houses the critical emergency systems. H. J. High’s Role Construction Manager Owner’s Representative Jessica Pugh Purchasing Manger City of Apopka (407) 703-1607 purchase@apopka.net Project Size 98,000 SF Project Cost $9,400,000 (est) Completion Date In PreConstruction Team Members Involved Robert High - Project Executive Orrie Feitsma - VP of Pre Construction JP Hurd - Project Manager City of Apopka Public Safety Facility Apopka, Florida Similar Projects and Client References H. J. High Construction | 17City of Ocoee CMAR for Fire Station #38RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 23 K. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK: Respondent shall provide a minimum of three (3) separate references of current or previous contracts with a similar scope of services to the requested services of this RFQ, within the past three (3) years, preferably with a governmental agency. Respondent must demonstrate the ability to perform services of similar complexity, nature, and size. For each previous contract. Respondent must provide a description of the scope, its location, contract dates, and a contact person willing and able to discuss the Respondent’s performance for that contract. Letters of References may also be provided. Only contracts for which the Respondent was the prime contractor will be considered to be relevant. Attach additional sheets if necessary. Name of Project: __________________________________________________________ Project Details: __________________________________________________________ __________________________________________________________ Start date: ________________ Completion date: ________________ Contract amount: _________________________________________ Awarding Agency: ________________________________________________________ Agency’s Point of Contact: Name and Title: __________________________________ Phone number: __________________________________ Email address: __________________________________ Name of Project: __________________________________________________________ Project Details: __________________________________________________________ __________________________________________________________ Start date: ________________ Completion date: ________________ Contract amount: _________________________________________ Awarding Agency: ________________________________________________________ Agency’s Point of Contact: Name and Title: __________________________________ Phone number: __________________________________ Email address: __________________________________ Name of Project: __________________________________________________________ Project Details: __________________________________________________________ __________________________________________________________ Start date: ________________ Completion date: ________________ Contract amount: _________________________________________ Awarding Agency: ________________________________________________________ Agency’s Point of Contact: Name and Title: __________________________________ Phone number: __________________________________ Email address: __________________________________ Does Respondent have any similar work in progress at this time? Yes___ No ___ Bank or other financial references: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ (Attach additional sheets if necessary) END OF INSTRUCTIONS City of Kissimmee Fire Training Tower City of Kissimmee Robert Masiku: Assistant Director of Public Works & Engineering 407-624-0269 rmasiku@kissimmee.org City of Orlando Fire Station 11 City of Orlando Mike Melzer: Project Manager407-246-0276 michael.melzer@cityoforlando.net City of Pinellas Park Public Safety Complex City of Pinellas Park Steve Majko: Asst. Public Works Administrator 727-369-5662 smajko@pinellas-park.com Est June 2026 $29,891,458 April 2025 October 2022 March 2024 $9,407,590 February 2020$1,182,003 The 3,556 SF fire training facility is a pre-engineered structure with burn rooms reaching up to 1,200 degrees, a repelling rail system, mock elevator shafts, movable walls, an artificial smoke system, and spaces designed to simulate a residential unit. X The new 14,700 SF station is designed with stringent survivability and functionality in mind. Its floor plan prioritizes functionality, rapid response times, and firefighter health, and safety. This project entails the design, construction, renovation, and any/all necessary permitting to build the new City of Pinellas Park Police Station and renovate the existing Police Station into a Fire Station. Bonding Company: Hatcher Insurance William Palmer 1411 Edgewater Drive, Orlando, FL 32854 407-841-2686 Similar Projects and Client References H. J. High Construction | 18City of Ocoee CMAR for Fire Station #38 Similar Projects and Client References H. J. High Construction | 19City of Ocoee CMAR for Fire Station #38 The City of Boynton Beach 3301 Quantum Boulevard PO Box 310 Boynton Beach, Florida 33426 (P): 561-742-6010 | (F): 561-742-6011 www.boynton-beach.org April, 10 2019 To Whom It May Concern, I am writing in reference to H. J. High Construction and the services they have provided as one of our design build partners for the City of Boynton Beach. They are currently working on two construction projects for the City; our Boynton Beach Police Department Headquarters and our Boynton Beach Fire Department Station #1. Throughout the entire pre-construction phase and into the actual construction phases, H. J. High has shown a level of flexibility, professionalism and leadership that has made the process successful. Their knowledge and skill have been an enormous asset to our city. Because there are several departments and entities that are stakeholders in these projects, it has been important for our construction team communicate to work with multiple groups and personnel. HJ High hands on approach with our various departments and users groups has allowed us to meet project goals. They have been flexible and creative with meeting the various challenges of a complex project. In addition, we appreciate HJ High achievements towards the City’s “Building Wealth” initiative, a program to encourage construction dollars to be spent with local companies and local labor. They have consistently shown us that they are working in the best interest of the City and for our citizens. I highly recommend H. J. High Construction to any municipality or company that is considering using them. Sincerely, Colin Groff Assistant City Manager, Public Services City of Boynton Beach America's Gateway to the Gulfstream Similar Projects and Client References H. J. High Construction | 20City of Ocoee CMAR for Fire Station #38 Project Name Client Name NTP Date Anticipated Completion Construction $ Value (Est.) Orlando Fire Station 6 City of Orlando August 2024 October 2025 $12,741,154 Orlando Fire Station 18 City of Orlando October 2025 November 2026 $10,244,249 Port Saint Lucie Police Training Facility City of Port St. Lucie Police Dept. November 2024 March 2026 $28,049,706 Pinellas Park Public Safety Campus City of Pinellas Park April 2025 June 2026 $29,891,458 Pet Alliance of Greater Orlando Pet Alliance of Greater Orlando October 2024 March 2026 $15,238,682 City of Orlando Southeast Government Services City of Orlando March 2025 July 2026 $27,506,458 OCLS Horizon West Library Orange County Library System September 2024 February 2026 $18,289,645 Everest Rehabilitation Hospital: Auburndale Everest Realty February 2023 November 2025 $16,169,775 Everest Rehabilitation Hospital: Ocoee Everest Realty May 2022 August 2025 $14,701,818 Everest Rehabilitation Hospital: Pinellas Park Everest Realty November 2022 December 2025 $16,229,641 OCLS Lake Nona Library Orange County Library System September 2024 July 2026 $13,228,651 Apopka Public Safety Facility City of Apopka TBD - In Precon TBD TBD - In Precon City of Oviedo Police Headquarters City of Oviedo TBD - In Precon TBD TBD - In Precon Current and Projected Workload Current Workload H. J. High Construction | 21City of Ocoee CMAR for Fire Station #38 APPROACHProject Understanding and Our project team is structured with a clear, efficient, and effective management approach with a single point of responsibility. We are acutely aware of the speed and production demands and have purposefully kept our organization streamlined so team communication is prompt and constant. Robert High will serve as the Project Executive for our team. He will orchestrate our strong, local team of construction professionals. Our project approach to cost control begins with defining and analyzing the project budget. The best opportunity to capture cost savings on any project is during design. As time progresses and designs take shape, the opportunity to affect large-scale savings diminishes. Once construction begins, that opportunity nearly vanishes entirely. Therefore, our team expends great efforts to solicit, pursue, review, analyze and submit as much cost and time saving options as possible early in the design process. This information will be provided at every level of the design process to determine best value alternatives, life-cycle costs, long term maintenance aspects, bid alternatives, aggressive pursuit of sales tax savings and subcontract negotiation savings. We will be constantly feeding this detailed information to you. Because we will work closely with your chosen architect, we are able to furnish this information at the earliest phases. Our philosophy is to provide you with the detailed information needed for them to decide how to prioritize the different aspects of the project and determine how available funds should be allocated. We are confident this approach will give the City of City of OcoeeOcoee project managers the information needed to make value judgments from the outset of design. Our team approach combines similar design philosophies, management structures, and a commitment to excellence, with project specific experience and immediate local contact / response. The scope of services of this RFQ speaks directly to the accomplishments our team has completed for public safety facilities. We understand the unique requirements of this project, the necessary components to ensure safe and efficient daily operations, and how to incorporate these components into the facility to provide long-term value to the community. We view each project as an opportunity to improve on the last. We’ll use our previous experience on public safety projects as a starting point, but will take lessons learned, market conditions, usability studies, and real-time feedback from the staff that occupy the facilities and incorporate that information into our design. Project Approach H. J. High Construction | 22City of Ocoee CMAR for Fire Station #38 Focused on the “Why!” For three generations, H. J. High has asked one simple question when we begin a project, “Why?” We take the time to understand Why you’re building in order to better deliver a facility that will both serve your needs and establish a relationship of trust and longevity between our teams. Fire Station facilities are very unique structures that serve very specific purposes. The Why is simple, build a structure that keeps our first responders safe, so they can, in turn, keep the public safe. We’re very grateful to have been part of over 20 public safety facilities, both as a Construction Manager and as a Design Builder. This has given us very distinctive expertise in these types of facilities. We have been part of the design process for many facilities and are familiar with elements that reduce firefighters’ risk of cancer, and features that eliminate exterior line of site that protect police officers. We guide you through the entire construction process to ensure that we turn over a facility that will exceed your expectations and keep your team safe. Inspect Rather Than Expect Public Safety Facilities have a much more stringent set of requirements than most other types of structures. A police facility needs ballistic paneling in very strategic locations. Fire facilities require positive air pressure to force out contaminants. Emergency Operations Centers need hardening and redundancies to ensure around-the- clock operations through the most devastating events. With these things in mind, we leave no stone unturned, no bolt overlooked. It’s not enough to trust that everything has been built to specifications. We make sure everything meets the strictest standards by taking the time to personally inspect every aspect of construction. That way nothing is left to chance. Beyond the Build We believe in doing more than just building your facility. We want to be an extension of your organization. We will help you with your community engagement through monthly drone videos, social media campaigns, and public events. Beyond that, we will help facilitate your finishes and furniture selection to make sure you’re going to have products that will last. For example, a fire station running three full-time shifts, will essentially have three years’ worth of use for the first year. So stainless steel, professional grade appliances in your kitchens will last and save you significant operational costs. Additionally, we remain in contact with the end-users of the facilities we build, long after the job is complete. We gather constant feedback in order to improve every facility we build. Just the Right Size At H. J. High, we select your project team with their specific experience in mind. So we don’t pad our team unnecessarily, which reduces costs but ensures you have the best, most efficient team working on your project. Best Practices We are constantly working to improve how we build public safety facilities. One of the best practices we’ve introduced is waiting to pour the slab for the bay on a fire station until the end of the schedule in order to protect the final finish of the floor. This prevents cracks and damage that can occur through the construction process. Project Approach H. J. High Construction | 23City of Ocoee CMAR for Fire Station #38 FIRE FIGHTER SAFETY IS LIFE SAVING Public Safety Experience H. J. High has always been very intentional about which projects we pursue. Our passion has always been to take on projects that have a positive impact on the community. That’s why public safety projects have always been of particular interest to us. The Ocoee Fire Station Facility #38 fall squarely within our sweet spot. H. J. High is uniquely suited to provide Construction Management at Risk services for these projects. We are currently building Orlando Fire Station #6 and are slated for four more with the city. In addition, we’ve completed the City of Orlando Fire Stations #11 and #9, Boynton Beach Fire Station #1, a fire training tower at the City of Kissimmee Training Facility, the Treasure Coast Public Safety Training Facility, and a Fire Rescue hangar for the Orange County Fire Department. This gives us the opportunity to bring Ocoee the most current construction experience. Crew Wellness: With every fire station we build we prioritize the health and well being of the occupants. Unfortunately, fire fighters are three times more likely to contract cancer due to the nature of their occupation and the design and construction of their facility. As such, our focus includes Carcinogenic Contamination, Disease and Pathogen Contamination, and Sleep Deprivation. Working closely with the project architect, we look forward to applying our experience and expertise to ensure the facility is safe. We will focus on controlling and containing carcinogens on personnel and equipment. Recent studies have also demonstrated the link between sleep deprivation to cardiovascular disease and other health related issues. Firefighters are becoming more and more sleep deprived because of an increase in call volume, decreased staffing, and automatic and mutual aid call volume. The creation of acoustically isolated spaces can allow for a variety of activities and functions of a diverse crew. Installing a station alerting system which only awakens on-call units with ramped tones and lighting allows non-dispatched crews uninterrupted rest. Additionally, lighting can and should be integrated into the alerting system. When alerted, the foot candle levels in the bunk rooms should be minimal, with a gradual increase as responders make their way to the apparatus bays, thus allowing their vision to adjust. Attention to detail is key. Small additions, though seemingly minor, can make a major difference in a firefighters’ ability to get ample rest and recovery. Something as simple as an outlet and USB charge station at the head of a bunk allows the crew to keep electronics handy and charge devices without having to get out of bed. H. J. High has a wealth of experience in the design and installation of systems to provide the certainty that the Ocoee Fire Station is living in the healthiest, most modern, and safest facilities built in the State of Florida. Consideration must be given to the proper ventilation of exhaust in the apparatus bays, the storage of personal protective equipment (PPE) in ventilated rooms away from living and administrative areas, transition areas to prevent cross contamination of living spaces, and separate laundry areas for PPE versus station wear. There are also innovative ways to ensure their physical well being such as the inclusion of dry saunas, which allow the firefighter to sweat out carcinogenic contaminants. Decon spaces located adjacent to apparatus bays provide direct access when returning from a call. Additionally, we recommend new automated / no-touch technology employed in facilities to disinfect and decontaminate the interior of fire rescue vehicles and apparatus to reduce staff and patient exposure to dangerous pathogens. Project Approach H. J. High Construction | 24City of Ocoee CMAR for Fire Station #38 Community Oriented Facilities: As the function of public safety facilities has evolved over the years, these facilities have become a focus of the community. Creating welcoming, flexible spaces, allows the community to connect and interact with the staff. Adding a public entrances or triage rooms to your facility, for example, will allow staff to accommodate walk-up traffic seeking minor medical treatment. The City of Boynton Beach Fire Station #1 has incorporated a secured public entrance for the community. It has been a great feature and allows the fire station to interact with the community instead of being completely isolated. Training: Firefighter training is the most important aspect of the firefighter’s job, next to emergency response. Fire departments have become truly all-hazards agencies that must be able to provide effective customer service to communities, no matter the type of emergency. Fire stations can be designed and built to accommodate training effectively. The facilities have a few key attributes for successful training. Apparatus areas are usually vast in size and can have different elevations within the space for storage rooms and equipment areas. Large floor areas allow for enough room for all attendees to be able to perform the skills of the lesson, and comfort areas for rest and rehabilitation are usually directly off the training area. Furthermore, the lecture portion of the training can be completed in the training room and the trainees can move directly to the apparatus bay floor to practice what they had just learned. Project Approach H. J. High Construction | 25City of Ocoee CMAR for Fire Station #38 Inpura Healthy Building Design H. J. High will employ the design expertise of Inpura, a healthy building consulting and design firm in Orlando. They have developed a three-step system to provide natural, healthy interiors for commercial facilities. Their goal is to offer simple metrics to understand what is in your environ- ment. This results in a cleaner, more antiseptic fire station. Construction Management Experts H. J. High was the first contractor in Central Florida to use the Construction Manager at Risk construction method. Over the years we have perfected the method and have delivered hundreds of successful projects for a multitude of clients. Additionally, we bring our experience as construction managers, and desgign-builders, of several firefighting facilities. This gives us a particular insight into fire station design that other contractors simply don’t have. Beyond simply constructing a facility, we have conducted extensive research into the safety, ergonomics, and comfort of the firefighters that will inhabit the station. There are numerous aspects to consider when providing a facility to firefighters. As mentioned previously, safety and cancer prevention top the list of design elements to provide. Decisions such as industrial grade kitchen fixtures and USB ports by the bunks add to the longevity and livability of the station. These are things we look at from the beginning through our exhaustive preconstruction process. The best place to save money on construction is through this process. We are constantly looking at labor and material costs to give real-time estimates on all of our services. By doing this and requiring all of our subs to participate in the owner- direct-purchase program, we find the best opportunities to save costs for Ocoee. In turn, we are able to reinvest these savings into additional amenities and life-saving techniques for your firefighters. In addition, we provide several services beyond the build. We will work with the city to connect with the residents in the area and keep them informed of our activity and progress. Our team also includes the first FAA Part 107 certified drone pilot in Central Florida that will create an aerial map of the jobsite and provide regular progress photos and videos for our reports to the city. These have been very successful in communicating progress to our clients. Air Quality (Initial) AQI PM2.5 PM1014640.7 59.1 FORMALDEHYDE TVOC STATUS0.00 0.00 Very Unhealthy Relative Humidity 020406080 71 50 56 Initial Goal Outdoor 0 40 80 120 160 AQI PM 2.5 PM 10 Initial GoalInitial GoalInitial Goal 537 59.140.7 146 COMFORTPARTICLE POLLUTION 1/27 & 2/10/2021 HCHO TVOC Initial Goal Initial Goal 0 0.125 0.25 0.375 0.5 0.5 0.1 TOXICITY Your particle pollution is high. Consider HVAC filters with a higher MERV rating or incorporating air purification. We recommend bi-polar ionization as well. BRIEF ANALYSIS 75 degrees TEMPERATURE CO2 1736 Ppm O ce 1 Air Quality (After) AQI PM2.5 PM10423 FORMALDEHYDE TVOC STATUS 0.08 0.41 Healthy Relative Humidity 020406080 71 50 57 AfterGoal Outdoor 0 1.75 3.5 5.25 7 AQI PM 2.5 PM 10 After Goal After Goal After Goal 3 5 7 3 2 4 COMFORTPARTICLE POLLUTION 1/27 & 2/10/2021 HCHO TVOC After Goal After Goal 00.125 0.25 0.3750.5 0.5 0.1 0.41 0.08 TOXICITY Yo ur indoor environment has good air quality-Congratulations-breathe freely! BRIEF ANALYSIS 72 degrees TEMPERATURE CO2 970 Ppm O ce 1 Air Quality (Initial) AQI PM2.5 PM1014640.7 59.1 FORMALDEHYDE TVOC STATUS 0.00 0.00 Very Unhealthy Relative Humidity 020406080 71 50 56 InitialGoalOutdoor 0 40 80 120 160 AQI PM 2.5 PM 10 Initial GoalInitial GoalInitial Goal 537 59.140.7 146 COMFORTPARTICLE POLLUTION 1/27 & 2/10/2021 HCHO TVOC Initial Goal Initial Goal 0 0.125 0.25 0.375 0.5 0.5 0.1 TOXICITY Your particle pollution is high. Consider HVAC filters with a higher MERV rating or incorporating air purification. We recommend bi-polar ionization as well. BRIEF ANALYSIS 75 degrees TEMPERATURE CO2 1736 Ppm O ce 1 Air Quality (After) AQI PM2.5 PM10423 FORMALDEHYDE TVOC STATUS 0.08 0.41 Healthy Relative Humidity 020406080 71 50 57 After Goal Outdoor 0 1.75 3.5 5.25 7 AQI PM 2.5 PM 10 After Goal After Goal After Goal 3 5 7 3 2 4 COMFORTPARTICLE POLLUTION 1/27 & 2/10/2021 HCHO TVOC After Goal After Goal 00.125 0.25 0.3750.5 0.5 0.1 0.41 0.08 TOXICITY Yo ur indoor environment has good air quality- Congratulations-breathe freely! BRIEF ANALYSIS 72 degrees TEMPERATURE CO2 970 Ppm O ce 1 Project Approach H. J. High Construction | 26City of Ocoee CMAR for Fire Station #38 Project Management Information System Because of H. J. High’s forward-looking expertise and commitment to bringing in new technologies and processes, our team uses Procore Construction Management software to create, track and report the various construction documents and tracking logs used throughout the course of your project. The project team utilizes Procore to manage the following: • Schedules • RFI Reports • Submittal Logs • Cost Control Reports • Quality Control Lists Subcontracts and Purchase Orders This is the beginning for any project vendor or contact. All of the party’s information is entered into the database, the subcontract scope is defined and the contract sum is indicated. A current contact list is maintained and a subcontract tracking log is automatically created to monitor the return of project documents. Information Requests and Responses The RFI feature allows us to create and issue RFIs and RFI responses while automatically updating the associated log and status reports. The reports show the response time to RFIs and the number of days these responses were received late. RFI responses are issued to affected vendors individually, and the response is uploaded to Box.com for access by all team members. Submittal Tracking – Submittals are a “last look” at the components which comprise the project before they are released for delivery. Procore allows us to create a master submittal log derived from the project manual and H. J. High’s own requirements. H. J. High generates notifications to vendors of initial submittal requirements, when submittals and resubmittals are due, and notifications to architects of submittals pending their review. Proposal Requests and Change Orders – Proposals and changes are created and tracked in Procore. The receipt of architect’s proposal requests are logged and vendor pricing requests are issued. Once pricing is received from subcontractors, a contingency adjustment proposal (or proposed change order) is issued to the Owner. If approved, the related vendor change orders are issued and the contingency (or change order) log is automatically updated. Procore tracks open requests to vendors, allowing notifications to automatically be generated listing vendor RFPs still open. With Procore, we’ve drastically increased project efficiency and accountability by streamlining and mobilizing project communi- cation and documentation. View old revisions Work off the current set of plans Link progress photos to drawings See markups in real time Link RFIs, submittals, and docs Project Approach H. J. High Construction | 27City of Ocoee CMAR for Fire Station #38 Pay Applications H. J. High’s monthly pay applications are generated and maintained in Procore. Because change issues are also managed in Procore, revisions to vendor contracts and job costs are aligned with monthly billing submittals. Current cost to date is synchronized with projected costs to maintain accurate cost status reporting. Correspondence Letters, memorandums and transmittals are created using Procore. Actions and responses requested in these documents are recorded and due dates are assigned. From this information, a report is generated listing information yet to be received, the date the information was required, and any responses that are overdue. Meeting Minutes Meeting minutes for the various meetings which take place through the course of the project are created and tracked in Procore. Issues are created and described, responsibilities are assigned and due dates are listed. Items which remain open from each meeting are automatically listed to develop the agenda for the next meeting. Punch Lists Punch list items are described in detail, locations are provided and responsibility is assigned. Once this information is entered, reports are generated which notify the appropriate parties of their punch list responsibilities and due dates. Project Status Reporting H. J. High can provide Monthly Progress Reports to the architect and Ocoee reflecting progress to date on the job. We have designed these reports in a “Project at a Glance” format whereby the most pertinent project information is presented. Reports include: • Work Summary of Previous Month’s Activities • Previous Period Application for Payment • Updated Construction Schedule/1 Month Look Ahead • Updated Cash Flow Projections • Updated Project Budget & Value Engineering Status • Minutes from that month’s Meetings • Submittal Status Reports • Progress Photographs • Request For Information Status Reports Project Approach H. J. High Construction | 28City of Ocoee CMAR for Fire Station #38 Cost Control The best opportunity to capture cost savings on every project is during design. As the design progresses and decisions are finalized, the opportunity to affect large-scale savings diminishes. Once construction begins that opportunity vanishes nearly entirely. Therefore, H. J. High expends great efforts to solicit, pursue, review, analyze and submit as many cost and time saving options as possible early in the design process. A complete value engineering review and detailed estimate will be performed when the project is in its earliest stages and will continue throughout the design process. These detailed progress estimates will be produced to inform the team what the project’s anticipated costs are and what value engineering options can be considered to reduce the overall cost without sacrificing the quality of the finished product. Our estimates are produced through utilizing our past experience, utilizing our database of costs adjusted to our geographic area, input of our subcontractors, and the input of suppliers and manufacturer’s representatives. This method assures the costs received at the time of bids will be at or below budget. 89 Years of successful partnerships has allowed us to develop strong relationships with subcontractors throughout the region and we know what contractors are capable of successfully completing challenging projects. Once the Guaranteed Maximum Price (GMP) is established, H. J. High works as the project’s primary fiduciary to control project costs and maximize procurement value in order to administer Ocoee’s funds in their best interest. This is completed on several fronts: Project Buyout – H. J. High’s project executive and project managers work together to confirm bids and scopes are compliant with the contract requirements and schedule. Whenever possible, the subcontract is negotiated directly with the owner or principal of the subcontracting firm, thereby buying the best deal for our clients. Subcontract scopes are reviewed by H. J. High’s project manager and project superintendent to confirm there is no scope overlap, no scope gap, and the work is awarded to the most appropriate trade when there is an option to award a portion of the work among differing trades. Tax-Exempt Owner Purchases – Because of our extensive experience with government projects, we have been able to refine and streamline the administration of our tax-exempt materials purchase program. We aggressively pursue capturing the sales tax savings from our subcontractors for the benefit of the City of Ocoee by requiring the subcontractor’s participation in the program in the terms of our subcontract. Should a subcontractor fail to participate, we unilaterally deduct the estimated tax savings from their contract. Change Order Request Evaluations – Change orders are a part of any project. When a change order request is received from a subcontractor, H. J. High will research the conditions giving rise to the claim, will verify the quantities of labor and materials involved in the change, and will verify the price of materials involved. Only after H. J. High is satisfied with the circumstances and pricing of the claim will it be presented to the team for evaluation. Further, H. J. High limits the time a subcontractor has to make a claim, thereby avoiding job-end “surprises” for additional work performed by the subcontractor. Contingency Administration – H. J. High will maintain a running account of all adjustments to the contingency, grouped by status – approved, out for architect review, out for owner approval, out for subcontractor pricing or closed. This log is updated weekly and provides the team with an accurate current status of the contingency. This allows the team to make informed decisions when determining what changes may need to be made on the project. Target Cost H. J. High’s PreConstruction Process H. J. High’s Estimating Process Project Approach H. J. High Construction | 29City of Ocoee CMAR for Fire Station #38 Cost Estimating vs. Subcontractor Bids In preparation of the Guaranteed Maximum Price proposal, H. J. High strives to include actual competitive bids for all required scopes of work. Allowances are only included when the material or extent of work for a particular scope is not clearly defined in the contract plans and specifications. An example of this is when a scope is listed “as needed” on the plans such as removing and reinstalling of ceiling tiles. These allowance scope items are quantified by H. J. High’s preconstruction team according to our best assumptions based upon the contract documents. We then price our in-house quantities with competitive unit rates from our subcontractors. Those quantities and unit rates are used to establish the allowances for the Guaranteed Maximum Price. Approach to the management and construc- tion of the project Once the GMP is established, H. J. High works as the project’s primary fiduciary to control project costs and maximize procurement value in order to administer Ocoee’s funds in their best interest. H. J. High’s project executive, Robert High, and project managers work alongside to confirm that bids and scopes are compliant with the contract requirements and schedule. Whenever possible, the subcontract is negotiated directly with the owner or principal of the subcontracting firm, thereby buying the best deal for our clients. Owner direct purchase and sales tax savings approach to the project We have streamlined our administration of tax exempt materials purchase programs through our extensive experience with municipal and public safety projects. Subcontractor participation in the Owner Direct Purchase program is a requirement of H. J. High’s subcontract agreement. Subcontractor’s failing to participate will have their subcontract amount reduced by a sum H. J. High calculates as equal to sales tax that should have been saved, and provides this savings to the client. Through this application of the Owner Direct Purchase program, H. J. High historically is able to consistently return savings to our tax exempt clients in excess of 1.2% of the project’s cost. Budget Estimating Our estimates are produced through the knowledge of our past experience, utilizing our database of costs adjusted to your geographic area, input of our subcontractors, and the input of suppliers and manufacturer’s representatives. This method helps assure the costs received at the time of bids will be at or below Ocoee’s budget, inform the team what the project’s anticipated costs are and what value engineering options can be considered to reduce the overall cost without sacrificing the quality of the finished product. Constructability Review Throughout the preconstruction process, our team completes constructability reviews of the documents to evaluate the documents for ease of construction, potential problems in details, and cost efficiency as it relates to the means and methods which will be required to build the project. Value Engineering Our team will perform a comprehensive review of the design, building systems and construction methods to ensure maximum value. Our value engineering suggestions are produced through a combination of using our past experience on similar projects, the input of our subcontractors, and the input of suppliers and manufacturer’s representatives. Value engineering employs life cycle analysis to ensure that all materials and operating systems will be long- life and low-maintenance. H. J. High will continue to pursue value engineering throughout construction, while maintaining the highest quality standards and to ensure budget compliance, without jeopardizing the quality of the project. Project Approach H. J. High Construction | 30City of Ocoee CMAR for Fire Station #38 Rising Construction Costs Perhaps the biggest change (and challenge) over the past 30-40 years in getting new public safety facilities built is construction costs – leaping from $50-60 per square foot in the 1980s to $500-600 or more per square foot today. In addition to higher-than-normal inflation, there are a number of reasons why construction costs and costs for new stations as a whole have risen, especially in the last couple of years. Soaring costs and supply chain and workforce shortages. The biggest culprits for the volatility are the business closures, higher-than-expected demand, and a reduction of the available workforce in the industries that produce and distribute these materials. Some materials that are traditionally readily available off-the-shelf are taking weeks or even months of lead time for delivery. Rigorous regulations. Fire Stations buildings must adhere to very strict codes and guidelines, significantly impacting the materials used – much more expensive than a traditional commercial building. In addition, fire stations are now required essential use facilities capable of providing essential services to the public after a disaster. The equipment and other accessories which are necessary for the continued functioning of the essential services operation can add additional costs to the project. H. J. High works hard to mitigate these costs in the following ways: • Accurate and detailed early estimates – providing accurate and detailed estimates at the early phases of design allows the team to identify where the costs are located and what we can focus on to value engineer. We utilize our experience with these stations as well as numerous subcontractors to provide our client and the design team with real time costing information that can be used to identify our exposure to material and cost increases. • Leverage experience to recommend equal or superior material products that are less expensive or readily available – H. J. High has a wealth of information on products, materials, systems, etc of past fire stations that may be presented for consideration that could mitigate the long lead times and costs of certain products. • Material Cost Escalation Allowances – H. J. High has successfully utilized material escalation allowance with owners and subcontractors to limit volatility. Identifying and limiting exposure to material volatility allows for subcontractors to provide more competitive pricing at the time of GMP. • Focus on construction type and systems – Our focus will be to maximize the city’s funds by working with the architect to design a building type that is durable and meets the needs of the county but also more readily available than some systems. Buildings such as tilt wall and CMU are easier to procure locally than structural steel. Material Availability & Scheduling Supply chain and workforce shortages – Reduction of the available construction workforce paired with a robust construction market makes subcontractor schedule challenging. Also, some materials that are traditionally readily available off-the-shelf are taking weeks or even months of lead time for delivery. H. J. High works hard to mitigate these costs in the following ways: • Early procurement of materials – H. J. High will identify materials that are subject to price fluctuations or are long lead items. These materials are purchased before design is complete to lock down the delivery date and cost. We are able to minimize the exposure to an overheated market in this manner. • Early engagement of subcontractors – H. J. High will identify major subcontractors as part of our preconstruction process to engage them to place our project on their overall schedule. Letting them know early on that this project is coming allows them to place our project into their manpower look ahead to ensure adherence to our overall schedule. Material Selection Early Procurement Material Storage Early Site Package Project Approach H. J. High Construction | 31City of Ocoee CMAR for Fire Station #38 Project Schedule All project scheduling is accomplished using Phoenix Project Manager. Our schedules are developed with a level of detail to indicate all significant items of work to be completed, phasing of the project, responsibility of each work item, area the work is to take place, and includes logic to determine how all activities interact with each other. The activities reflected on the master schedule will indicate the critical milestones, key dates and the flow of work. A master schedule is prepared during the Pre-construction phase to monitor the overall progress of design and Pre-construction activities and milestones. The schedule incorporates decisions made through interactive input from all team members, and expands as subcontractor input is added. As we move toward the start of construction, our subcontractor bid documents will also indicate the scheduling requirements for bidders. Subcontractors bidding the work will be bidding time as well as money. Following the selection of low bidders for each category of work, work plans and detailed schedule information will be submitted for inclusion in the project schedule. The project schedule will identify the early start dates for each trade’s activities. Delivery lead times and approval durations for all shop drawings will be determined by the date materials are needed on the project and included on the schedule. Our practice is to secure all shop drawings and submittals as soon as contracts are awarded, but the schedule will serve to indicate when submittal cycles will begin to negatively impact the schedule. Once work begins, the One Month Look Ahead schedule is reviewed and updated at each week’s regularly scheduled construction meetings. This schedule is the basis for subcontractors to coordinate their work forces – this is where the detailed planning and problem solving occurs. At the end of the month, an updated schedule is sent to each subcontractor. This keeps them apprised of modifications made to the schedule which will affect their work start, sequencing, and completion. The project schedule is as important to a project as the plans and specifications. It assembles an otherwise unordered list of events into an orderly, sequential list of activities which can be monitored and adjusted as events mandate. Without proper scheduling and schedule maintenance, success on a project is not possible. Through the scheduling control practices we have implemented, H. J. High has achieved a consistent track record of early project delivery. Through the scheduling control practices we have implemented, our team has achieved a track record of early schedule project delivery. Project Approach H. J. High Construction | 32City of Ocoee CMAR for Fire Station #38 Quality Control A quality product can easily be achieved when all members of the design and construction team work together. This ensures there is a clear understanding of the design and the workmanship expected. H. J. High Construction has successfully employed our quality control plan on all of our projects. This is shown by the numerous project and craftsmanship awards we have received. Some of these awards are the ABC Outstanding Project Award and the American Institute of Architects Merit Award for Quality of Work and Excellence in Construction. We use the same plan each time, which assists us in the successful results we achieve. Quality control procedures are initiated during the design phase to ensure expectations are reasonable and obtainable. During this time, the minimum specified items are established. During the construction phase, quality control starts with a clear understanding of the requirements, as well as an experienced, organized, jobsite management team. Preconstruction document review by the Project Manager and Superintendent - During this review our team will be specifically looking for areas where it will be difficult to achieve a quality installation and will suggest alternate solutions that will provide a better finished product. Of critical importance are waterproofing, roofing and flashing details. Detailed bid scopes at GMP - Detailed work scopes are developed as part of the subcontractor bid documents to assign responsibility for each component of the work to specific subcontractors. This allows us to assign scopes of work to the best-suited trades people for any particular item. Additional language is written into our standard subcontract agreement to address the finest of details. Detailed review of approved submittals by Superintendent After submittals have been reviewed and approved by the architect, the Superintendent completes a review for proper sequencing and coordination of the work in the field. This provides a final opportunity to build the project on paper. Questions or concerns are raised for discussion and resolution by the construction team, preventing quality problems or delays in the field once the work starts. All materials received at the jobsite will be checked for conformity to the approved submittal data. Pre-installation meetings with subcontractors - As the time for specific work scopes nears, we conduct a pre-installation meeting with the subcontractor, the manufacturer’s representative, the architect, the client’s representative, and any subcontractor closely associated with the work. At this meeting, among other things the installation process and sequencing are reviewed, quality expectations are re-emphasized, and manufacturer’s recommendations are reviewed and discussed. Inspections - In-process inspections will be made by our jobsite management team, who is also our designated quality control team. Their role will be to continuously monitor the acceptability of the workmanship, as well as control the cover-up inspection. Cleanliness - Jobsite cleanliness leads to a quality built product. We require all trade contractors remove their debris from the site at the end of each working day and at the completion of their work. Compile preliminary punch lists - Punch lists are compiled and completed during every phase of the work, ensuring when the next trade begins their work, the substrate which they are working on/to is properly prepared and ready to accept the new work. This targeted method of preparing each facet of the work eliminates the “summation of errors” effect caused by compounding problems instead of addressing them as they arise. Quality control is affected by virtually all aspects of design and construction. H. J. High Construction has, and always will, maintain and achieve a quality product. Project Approach H. J. High Construction | 33City of Ocoee CMAR for Fire Station #38 Quality Assurance H. J. High Construction is committed to the continual improvement of the quality of our work. We work closely with our customers, subcontractors, suppliers, and design professional to achieve this goal. H. J. High takes pride in our ability to build exceptional facilities by leading the industry in quality assurance management as we focus on four (4) areas within our organization. Focus on our Employees H. J. High realizes that our greatest asset is the empowered people that make up our organization. Our quality vision is both a process and a philosophy aimed at the continuous improvement of our services to meet the needs of our customer, and to meet the needs of our employees by encouraging them to participate in meaningful and satisfying work. We are driven by the idea that “There is Always a Better Way,” through our commitment of continuing education, our challenge is to find it. Because we understand that systems fail, and not people, we are empowered to continuously improve our system. Focus on the Subcontractors & Suppliers H. J. High encourages our subcontractors and suppliers to “own” our philosophy on every jobsite. This “ownership” benefits the sub and vendor by allowing them the ability to work with pride on an efficient, clean and organized job site, and allows them the opportunity to increase their profitability while keeping our client’s goals in focus. H. J. High writes our subcontract agreements to require subcontractors to abide by policies designed to minimize any adverse effect on the client and as requested by the client. Us of loud or profane language is prohibited, work outside of the designated area is prohibited without proper identification and clearance, and the possession of tobacco products within 1000’ of the jobsite is prohibited. Defining our work scopes and material needs completely the first time is quality administration, delivering it completely the first time is quality management. Focus on the Design Professionals H. J. High strives to facilitate the needs of the design professional by incorporating and adhering to published material and installation specifications and standards. In addition, H. J. High’s Quality Assurance Program establishes standardized management techniques which incorporate the Design Professional to ensure everyone’s quality standards are met. We utilize precise and timely communications; establish realistic project goals from project conception to final closeout, including accurate and timely budgeting and value engineering. Focus on our Client H. J. High’s “client centered” approach creates and maintains satisfied custom- ers by delivering an exceptional facility on time, the first time. We are moti- vated by the idea that there is always enough time to do the job right the first time, every time. As a result of this philosophy, costs go down in delivering the facility, and efficiency goes up. And at the end of our construction engage- ment, the client will be impacted by the quality of their facility every day. Project Approach H. J. High Construction | 34City of Ocoee CMAR for Fire Station #38 Above is a 3D map of the Kissimmee Public Safety Training Facility created using drone technology. Mapping a site allows us to provide real-time updates about job progress and site conditions such as elevation, and plant health and it helps our team with jobsite logistics. It also allows us to provide communication and social media engagement for our clients. Visit our YouTube Channel to see our videos. Aerial of the Kissimmee Public Safety Training Facility Leveraging Technology to Serve Our Clients Better H. J. High has embraced drone technology to better engage with our clients, stakeholders and the community. Our team includes the first FAA Part 107 Certified Drone Operator in Central Florida. As part of our services, we map every job site and create a 3D rendering that the client can see real-time progress on the project. We fly monthly missions and track job progress. From there, we create marketing videos that the client can share with stakeholders. For a project like yours, this is a very effective way to build excitement within your community. Our goal is to supplement your communications efforts and be an extension of your team. Using our drone, we can map your site in order to do some preliminary investigation. That allows us to determine if there are any conditions we need to mitigate. Project Approach H. J. High Construction | 35City of Ocoee CMAR for Fire Station #38 1411 Edgewater Drive, Suite 104 • P.O. Box 540689 • Orlando, FL 32854-0689 Phone (407) 841-2686 • Fax (407) 841-2688 __________________________________________________________________________________________________ Commercial Insurance • Surety Bonds • Personal Insurance • Employee Benefits • PEO September 24, 2025 City of Ocoee 1 N. Bluford Ave. Ocoee, FL 34761 Re: H.J. High Construction Company RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility To Whom It May Concern: It has been the privilege of Federal Insurance Company (Chubb) to provide surety bonds on behalf of H.J. High Construction Company for over forty years. H.J. High is one of the oldest and most reputable General Contractors in the state of Florida, and we foresee no issue providing single project bonds of $50,000,000 and an aggregate uncompleted backlog of $150,000,000. Federal Insurance Company is one of the strongest financial sureties in the world, with an A++ (Superior) rating, a financial size category of XV ($2 billion or greater) by AM Best and has a US Treasury Limit of $497,841,000. If H.J. High Construction Company is awarded a contract for the referenced project which is estimated at $5,000,000.00 and requests that we provide the necessary Performance and/or Payment Bonds, we will be prepared to execute the bonds subject to our acceptable review of the contract terms and conditions, bond forms, appropriate contract funding and any other underwriting considerations at the time of the request. Our consideration and issuance of bonds is a matter solely between H.J. High Construction Company and ourselves, and we assume no liability to third parties or to you by the issuance of this letter. We consider H.J. High to be amongst our strongest and most capable clients, and trust that this information meets with your satisfaction. If there are further questions, please feel free to contact me. Sincerely, William J. Palmer Attorney-In-Fact Financials H. J. High Construction | 36City of Ocoee CMAR for Fire Station #38 INSR ADDL SUBRLTRINSRWVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Amerisure Insurance Company Amerisure Mutual Insurance Co. Indian Harbor Insurance Company 9/22/2025 McGriff Insurance Services LLC 333 S. Garland Ave Orlando, FL 32801-4927 407 691-9600 Casey Guzinski 407 691-9600 888-635-4183 Casey.Guzinski@mcgriff.com H J High Construction Company 1015 W Amelia St. Orlando, FL 32805 19488 23396 36940 A X X X X X CPP20572681601 10/01/2024 10/01/2025 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 A X X X CA20572701601 10/01/2024 10/01/2025 1,000,000 B X X X 0 CU20572691602 10/01/2024 10/01/2025 10,000,000 10,000,000 A N X WC21194670301 01/01/2025 01/01/2026 X 1,000,000 1,000,000 1,000,000 C Professional Pollution Prof/Poll Agg X PEC002738816 10/01/2024 10/01/2025 2,000,000 Each Claim 2,000,000 Each Claim 2,000,000 Annual Agg *** General Liability *** Additional Insured status is granted, including primary & non-contributory and completed operations, if required by written agreement per CG7324 0323 "Contractors Blanket Flex Additional Insured Endorsement-Form A". Waiver of Subrogation applies, if required by written contract per CG7289 0417 "Contractors General Liability Extension Endorsement". (See Attached Descriptions) City of Ocoee 1 N. Bluford Ave. Ocoee, FL 34761 1 of 2#S38293979/M36157115 131HJHIGClient#: 1408066 LUPE1of 2#S38293979/M36157115 Financials H. J. High Construction | 37City of Ocoee CMAR for Fire Station #38 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) *** Auto Liability *** Additional Insured status is granted, if required by written contract per CA7171 0508 "Florida Advantage Commercial Automobile Broad Form Endorsement". Coverage is Primary and Non-Contributory if required by written contract CA7165 0911. Waiver of Subrogation applies, if required by written contract per CA7171 0508 "Florida Advantage Commercial Automobile Broad Form Endorsement". *** Workers Comp *** Waiver of Subrogation is granted with respect to Workers Compensation, if required by written contract per WC0000313 "Waiver of Our Right to Recover from Others Endorsement". *** Umbrella *** Umbrella is Follow Form providing excess liability over General Liability, Automobile Liability and Employer's Liability limits shown. *** Professional & Pollution *** Claims-Made Coverage Form with a $50,000 Retention for Each Claim. *** Pollution *** Additional Insured status is granted on a primary & non-contributory basis as required by written agreement per coverage form EVPCPcmCP 0921. RE: RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 2 of 2 #S38293979/M36157115 Financials H. J. High Construction | 38City of Ocoee CMAR for Fire Station #38 RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 24 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 H. J. High Construction Robert High - President September 30, 2025 X Other Required Forms H. J. High Construction | 39City of Ocoee CMAR for Fire Station #38RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 25 CONFIDENTIAL DISCLOSURE AGREEMENT This Agreement is entered into by and between _______________________________________ (hereinafter “Recipient”) and the City of Ocoee (hereinafter “City”). RECITALS WHEREAS, City needs to disseminate certain building plans, blueprints, specifications, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a water treatment facility (“design information”), in order for it to be designed and constructed pursuant to RFQ #25-009 Construction Manager at Risk for the New Ocoee Fire Station #38 Facility (the Project); and WHEREAS such design information is exempt from public records disclosure requirements of Florida Statutes Section 119.07(1) and s. 24(a), Art. I of the Florida State Constitution. This exemption provides that design information made exempt by law may be disclosed to another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to a public building or water treatment facility; and that the entities or persons receiving such information shall maintain the exempt status; and WHEREAS Recipient is willing to receive disclosure of the design information pursuant to the terms of this Agreement for the purpose of bidding on the project and/or performing design services. NOW THEREFORE, for good and sufficient consideration Recipient agrees as follows: 1. The above Recitals are acknowledged by Recipient and are incorporated herein by reference. 2. Recipient agrees that it shall prevent and protect the design information, or any part thereof, from disclosure as a public record and shall not disclose the design information to any person or entity other than one having a need for disclosure in connection with Recipient's authorized use of the design information for the purposes of submitting a response to the bid solicitation. H. J. High Construction Other Required Forms H. J. High Construction | 40City of Ocoee CMAR for Fire Station #38RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 26 3. Recipient agrees to take all steps reasonably necessary to protect the secrecy of the design information, and to require all entities or persons receiving the design information to maintain its exempt status and to prevent the design information from being disclosed as a public record or coming into the possession of a person or entity that is not authorized. 4. Recipient agrees that all design information shall remain the property of City. All design information and all copies thereof shall be returned to City not later than thirty (30) days after the bid opening together with a list of all of the names and addresses of all entities or persons to which the design information has been disclosed; or, in the case of a designer, not later than thirty (30) days after the project is finally completed. Dated this ______ day of __________________, 20__ . RECIPIENT Signed: _________________ Print Name: __________________ Title: __________________ Company: _____________________________________________ Address: ______________________________________________ ______________________________________________________ Phone No: _____________________________________________ Date: 30 September 25 Robert High President H. J. High Construction 1015 W Amelia Streeet, Orlando, FL 32805 407-422-8171 September 30, 2025 Other Required Forms H. J. High Construction | 41City of Ocoee CMAR for Fire Station #38 Other Required Forms H. J. High Construction | 42City of Ocoee CMAR for Fire Station #38RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 28 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 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' 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 satisfactory participation in a drug abuse assistance or rehabilitation program if 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 a 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: H.J. High Construction Robert High President September 30, 2025 Other Required Forms H. J. High Construction | 43City of Ocoee CMAR for Fire Station #38 RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 29 CERTIFICATION OF NON-SEGREGATED FACILITIES The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder 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 rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation, and housing facilities provided for employees on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where he has obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. Governing Law: The nondiscriminatory 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 United States Secretary of Labor. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date , 20 . By: (Title, Company) Official Address (including Zip Code): September 30 25 President, H. J. High Construction 1015 W Amelia Street Orlando, FL, 32805 Other Required Forms H. J. High Construction | 44City of Ocoee CMAR for Fire Station #38 RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 30 CERTIFICATION REGARDING SCRUTINIZED COMPANIES’ LISTS Respondent certifies that the company is not participating in a boycott of Israel. Respondent certifies that Respondent 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, and is not engaged in business operati ons 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 Respondent is unable to provide such certification but still seeks to be considered for award of this solicitation, Respondent 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. Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. City shall have the right to terminate any contract resulting from this solicitation for default if Respondent 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. Respondent: ___________________________________ By:__________________________________________________ (Authorized Signature) Printed Name and Title:___________________________________ Date:_________________________________________________ H.J. High Construction Robert High, President September 30, 2025 Other Required Forms H. J. High Construction | 45City of Ocoee CMAR for Fire Station #38 Other Required Forms H. J. High Construction | 46City of Ocoee CMAR for Fire Station #38 Other Required Forms H. J. High Construction | 47City of Ocoee CMAR for Fire Station #38 Other Required Forms H. J. High Construction | 48City of Ocoee CMAR for Fire Station #38RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 22 H. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or against the Respondent in the past five (5) years which is related to the services that the Respondent provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. Please state if none. (Attach additional sheets, if necessary) _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ I. ACKNOWLEDGEMENT OF ADDENDA: Respondent acknowledges receipt of the following addenda: No. _____ Dated: _____________ No. _____ Dated: _____________ No. _____ Dated: _____________ No. _____ Dated: _____________ No. _____ Dated: _____________ No. _____ Dated: _____________ No. _____ Dated: _____________ No. _____ Dated: _____________ J. EXCEPTIONS: Does Respondent have any Exceptions to the Scope of Services or terms of the Contract Documents? Yes _____ No ______ List any exceptions you have to this scope of services or contract terms. (Note: exceptions will not be considered after award.) The City reserves the right to accept or reject any requested exceptions. If Respondent leaves this question blank, Respondent agrees it has no exceptions. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ (Attach additional sheets if necessary) N/A 1 2 9/12/25 9/24/25 X N/A Other Required Forms H. J. High Construction | 49City of Ocoee CMAR for Fire Station #38 Litigation In H. J. High’s 89 years of business we have never been involved in litigation, claims or contract disputes with a client which have been finalized or decided by a court of law. H. J. High has never been removed or relieved from a contract or duties on a project. We have never defaulted on a contract or had a bond recalled. We have not been assessed liquidated damages or delay damages. H. J. High values a culture of honesty and nurturing good relationships with our clients. Our lack of litigation since our inception 89 years ago is a testament to how our staff treat our clients and handle any curveballs that may arise throughout the course of a project. We are invested in the clients' satisfaction with the process. There are a lot of contractors that keep lawyers on hand in anticipation of conflict. H. J. High takes the approach of excellent customer service and an uplifting company culture that encourages all employees to keep clients' best interests in mind. 0 Litigation Other Required Forms RFQ-25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility City of Ocoee Point of Contact Johnathan Wilkes VP Project Development 407.314.8652 johnathan@scorpioco.com Firm Name D. E. Scorpio Corporation dba Scorpio License CGC 061834 Address 151 Southhall Lane, Suite 170 Maitland, FL 32751 Phone 407.495.2810 Web scorpioco.com September 30, 2025 1City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility LETTER OF INTEREST Address 151 Southhall Lane, Suite 170 Maitland, FL 32751 Point of Contact Johnathan Wilkes Project Development 407.314.8652 johnathan@scorpioco.com September 30, 2025 The City of Ocoee Purchasing Department 1 N. Blueford Avenue Ocoee, FL 34761 Re: Letter of Interest – Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility Dear Selection Committee Members, We are grateful for the opportunity to submit this proposal to the City of Ocoee for the upcoming Fire Station #38. When Scorpio was established, it was to bring community- centered buildings to life, for life. We would be honored to partner with you to create facilities that will provide innovative and effective solutions to meet the emergency services needs of the people in our growing community. Scorpio is a team of highly qualified industry professionals that have established their careers together delivering these types of commercial publicly funded projects successfully. Our extensive CM experience over the last three decades has created strong relationships, lean operating systems, and exceptional services. We have currently completed two (2) similar sized stations for Chief Theus and his team at Alachua County Fire Rescue, and we have two (2) similar prototype fire stations remaining that on track to be completed in 2027. Each time we deliver this similar station to the same community, owner and design team the product improves. This is a win-win for us to play an integral role in elevating the support for those men and women who save lives every day. We hope to put this same experience into practice with the City of Ocoee as we deliver this project with you. This team’s experience, combined with our relationships with our ever-growing subcontracting community, is a perfect match for Ocoee. People need buildings that elevate their lives. Owners need a return on investment. As your CM partner, you will be treated with care and respect – like family. We call this approach community-centered construction. We look forward to serving you and bringing these new stations to life, for life. Sincerely, Johnathan Wilkes Project Development 2City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility Table of Contents Letter of Interest Overall Expertise of the CMAR Experience of the CMAR Project Team Project Approach & Understanding of the Project Current & Projected Workload of the CMAR Certified Minority Business Enterprise Forms Tab 1 Tab 2 Tab 3 Tab 4 Tab 5 Tab 6 City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility Tab 1 Overall Expertise of the CMAR 4City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility OVERALL EXPERTISE OF CMAR AboutScorpio Scorpio is a devoted team of seasoned construction professionals who build to enliven communities and beautify cities. Through experience, we have cultivated a reputation for exceptional leadership across all aspects of construction. Practice has armed us with the knowledge and level- headedness to trust our instincts and approach every puzzle with ingenuity and discernment. Our team welcomes new ideas and unique obstacles. We are progressive and agile, embracing the need to evolve and master new tools, technologies, and processes to offer the best service to clients and the best results for people who use our buildings. From project inception to completion, we seek the most effective, sustainable solutions to construction challenges. We work to ensure that every building brings enduring benefit to the people who use them. Our work bonds us to each other, our clients, and the people who live, work, and play in the buildings we make. In construction management there is no magic formula when it comes to fulfilling the client’s ambition. Our approach is simple: Catch the vision. Honor the budget. Work smart. Make it well. Get it done. Repeat. Managing Office 151 Southhall Lane, Suite 170 Maitland, FL 32751 Supporting Offices 3911 W Newberry Road Gainesville, FL 32607 2042 E Silver Springs Blvd Ocala, FL 34470 4655 Salisbury Road, Suite 375 Jacksonville, FL 32256 124 Marriot Drive Suite 202 Tallahassee, FL 32301 Firm Information Name D. E. Scorpio Corporation dba Scorpio Point of Contact Johnathan Wilkes Project Development 407.314.8652 johnathan@scorpioco.com Qualifying Agent Domenic Scorpio 352.363.6070 domenic@scorpioco.com Number of Employees 100 Total Years in Business 12 Years 5City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility OVERALL EXPERTISE OF CMAR Our team has gained considerable design and construction knowledge related to fire stations over the last eight years. During this time, we have coordinated and constructed four new fire stations and are currently working on two more. Each of these projects has taught us valuable lessons in both the design and construction of new fire stations. Most recently, we completed the second of four similarly- sized fire stations for Chief Theus and his team at Alachua County Fire Rescue using a prototype design. The first, Fire Station 80, was delivered in February 2024, and the second, Fire Station 21, was just recently delivered in May 2025. We have plans to deliver two more stations (one per year) until all four stations are completed by 2027. With each iteration, as we deliver these stations to the same community, owner, and design team, we continue to enhance the product. This initiative not only benefits us but also plays a vital role in supporting the courageous individuals who save lives every day. Through this process we are able to deliver each subsequent fire station at a lower total cost despite increasing market values materials and labor. We are eager to bring this same level of commitment and expertise to the City of Ocoee Fire Station #38. Fire stations typically involve unique systems in the apparatus bay, kitchens, bunkrooms, and equipment storage. Each of these spaces must provide for long term form and function. We have seen many of these systems and workflows evolve over the years, and the recently completed Alachua County Fire Stations 80 and 21 are proof of this. These stations are each rated for 50 years and will serve their communities for decades to come. We Know Fire Stations. We have a clear understanding of the specialty design elements and systems required for this type of project. Each of our previous projects included full-site development with specific first responder requirements. These included heavy duty asphalt and concrete paving, emergency generators, and multiple drive entrances and exists. Structural and envelope systems were meticulously evaluated for maximum value and performance. This is especially critical in the apparatus bay where structural slabs must be sloped to the trench drains across a typical drive-thru length of 70 feet. Additionally, roofing and window components provided high aesthetic appeal along with long term high performance. The interior spaces of fire stations are planned around workflow and typically include turnout gear, decontamination, clean showers, locker rooms, day rooms, kitchen, dining, living quarters with bunk rooms, fitness areas, classrooms, and laundry areas. The apparatus bays typically include power reels, electric radiant heaters, large high volume ceiling fans, and suspended “airvac” hoseless engine exhaust removal units. The multi-bay apparatus areas are usually directly connected to decontamination gear, PPE, EMS, and storage areas. Our team has a proven track record of partnering with municipalities to build public service facilities. These facilities provide a vital role for their communities and must be designed well and built to last. This was recently proven when Fire Station #80 was opened to the public. Citizens were allowed to walk through the entire facility to see first-hand the form and function provided to our public servants. On May 31, the community will have a similar tour of the recently completed Fire Station #21. Both these new stations are both beautiful in form and durable and efficient in their function. 6City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility OVERALL EXPERTISE OF CMAR City of Fruitland Park New Public Safety Facility Location Fruitland Park, FL Delivery Method & Scope CM at-Risk New Construction Project Owner City of Fruitland Park Gary Lavenia City Manager 352-360-6727 Architect GatorSktch Mike Latham Principal 407-608-5677 Size 20,707 sf Final Construction Cost $9.2 M ($444/sf) Substantial Completion September 2025 Scorpio is serving as Construction Manager at Risk for building a new Public Safety Facility to meet the growing demands of the community. The new building will be situated between Fruitland Park City Hall and the Fruitland Park Library. The new building is a two-story CMU Building that will house both Law Enforcement and the Fire Department. Site work included the demolition of the existing Fire Station. The new Police Station portion is designed for sixteen Law Enforcement Officers with offices for the Police Chief, a CID Captain, and Detectives. Additional space will be allocated for the Squad room, Shift Sergeants, an EOC Training Room, Intake and Interview rooms, Evidence Processing, and an Armory, along with an accreditation, training and records room, CID Conference Room, a break room, storage, restrooms, showers, lockers, and a Sally Port. The Fire Station side is designed to house eight Firefighters and accommodate three Apparatus Bays, including Gear Turnout and a Decontamination Room. A galley kitchen and dining area will accommodate three shifts with “kitties” for food with refrigerators and pantries. There will be a day room, a shared fitness center with Law Enforcement, bunk room(s), restrooms, showers, and a laundry facility. Similar Local Project Same Project Team CMAR 7City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility OVERALL EXPERTISE OF CMAR Alachua County Fire Rescue Fire Station 80 Location Gainesville, FL Delivery Method & Scope CM at-Risk New Construction Project Owner Alachua County Fire Rescue Harold Theus Fire Chief 352-384-3132 Architect The Lunz Group Mark McLean, Project Manager 407-930-9389 Size 11,414 sf Construction Cost $5.9M ($517/sf) Completion Date February 2024 Fire Station 80 was part of a prototype approach for four new fire stations for Alachua County Fire Rescue, reducing design fees and demonstrating fiscal responsibility. It is considered a 50-year facility with a metal roof, a sizable three- vehicle apparatus bay, and all LED lighting. Clearly demarcated zones separate “hot” carcinogen areas from decontamination zones and firefighter residential quarters. Exterior aesthetics include hip roofs with gables and brick, stone, and metal panel finishes that help the station blend in with residential neighborhoods. Stress reduction for our emergency responders is a top consideration inside the building, and the residential area features a large day room, all gas appliances, a separate dining area, and sleeping up to 10. The fire alarm system has been updated to a ramping alarm to reduce the shock of a sudden siren. The station also features community spaces, including a training room that seats 30-40 and a lobby left unlocked as a safe haven for infant drop-offs. 8City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility OVERALL EXPERTISE OF CMAR Alachua County Fire Rescue Fire Station No. 21 Location Alachua, FL Delivery & Scope CM at Risk New Construction Project Owner Alachua County Fire Rescue Harold Theus Fire Chief 352-384-3132 Architect The Lunz Group Mark McLean, Project Manager 407-930-9389 Size 11,400 sf Construction Cost $5.5M ($579/sf) Completion Date May 2025 Fire Station 21 was part of a prototype approach for four new fire stations for Alachua County Fire Rescue, reducing design fees and demonstrating fiscal responsibility. It is considered a 50-year facility with a metal roof, a sizable three- vehicle apparatus bay, and all LED lighting. Clearly demarcated zones separate “hot” carcinogen areas from decontamination zones and firefighter residential quarters. Exterior aesthetics include hip roofs with gables and brick, stone, and metal panel finishes that help the station blend in with residential neighborhoods. Stress reduction for our emergency responders is a top consideration inside the building, and the residential area features a large day room, all gas appliances, a separate dining area, and sleeping up to 10. The fire alarm system has been updated to a ramping alarm to reduce the shock of a sudden siren. The station also features community spaces, including a training room that seats 30-40 and a lobby left unlocked as a safe haven for infant drop-offs. 9City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility OVERALL EXPERTISE OF CMAR City of Tavares Public Works Operations Center Location Tavares, FL Project Scope New Construction Project Owner City of Tavares John Rumble Purchasing Manager 352-742-6209 Architect GatorSktch Mike Latham Principal 407-608-5677 Size 48,000 sf Construction Cost $19M ($395/sf) Completion Date May 2024 The City of Tavares constructed a regional workforce training and innovation center in partnership with Lake Technical College in what is considered one of the most innovative projects combining government and education resources that have ever been created. The Public Works Operations Center accommodates the complete operations of the Public Works division and serves as the new training location of Lake Tech’s Diesel Systems Technology programs. The project included the following, which was built on city-owned land: An 8,532 sf public works facility for the City. The combined 28,980 sf building includes a 9,350 sf vehicle fleet storage space a 12,670 sf space for Lake Technical College’s diesel mechanic program, and 6,960 sf for the college’s automotive program. Additionally, this complex included a 10,540 sf operations building. 10City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility OVERALL EXPERTISE OF CMAR City of Clermont Fire Station No. 2 Scorpio is serving as Construction Manager at Risk for the City of Clermont on the Fire Station #2. This is an expansion and renovation of an existing fire station. The addition includes roughly 5,800 SF of new space which will be comprised of individual sleeping quarters for ten (10) personnel, a large dayroom, dining and kitchen areas with dedicated pantry storage, a fitness center, EMS storage, and apparatus bays to support fire rescue operations. Support spaces include laundry/ extractor and decontamination areas, SCBA compressor and fill station, and technology/IT rooms to enhance operational efficiency. Minor renovations of the existing roughly 4,200 SF of apparatus bays and ancillary space is also included. The project integrates modern life safety systems, including automatic fire sprinklers, fire alarms, upgraded generator and emergency lighting. Site improvements include pavement upgrades to support heavy rescue vehicles and reconfigured parking and access for staff and apparatus. Location Clermont, FL Delivery Method CM at-Risk New Construction Project Owner City of Clermont Freddy Suarez 352.241.7350 Architect Powell Studio Architecture Jeff Powell President 352-874-2340 Size 5,800 sf Construction Cost Targeted Budget of $3.5M Completion Date Targeted for October 2026 11City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility OVERALL EXPERTISE OF CMAR Harold Theus Fire Chief (352) 384-3132 hmt@alachuacounty.us References The following clients represent multiple major projects that were successfully delivered on time and under budget within the past five years. We are confident these contacts will endorse Scorpio’s unwavering commitment to excellence and client satisfaction. James D. Dillon Public Works Director (352) 742-6209 jdillon@tavares.org “I will continue to recommend Scorpio for additional projects in the future. Their representatives are accountable, professional, responsive, and a pleasure to work with while keeping the project on schedule and within budget.” “What sets Scorpio apart is their collaborative and client-focused approach. They communicate clearly, respond promptly and work proactively to address challenges.” “It has been our recommendation that Alachua County engage Scorpio for additional projects int he future. Our experience found their representatives to be accountable, professional, responsive, and a pleasure to work with.” Name Title Phone Email Name Title Phone Email Henry Rains Interim Police Chief (352) 360-6655 hrains@fruitlandpark.org Name Title Phone Email City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility Tab 2 Expertise of the CMAR Project Team 13City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility Our team of dedicated construction professionals are experienced and conduct business efficiently and effectively. From project inception to project completion and beyond, our team is involved in a hands-on, day-to-day approach that ensures you will receive exceptional service during the construction of the City of Ocoee Fire Station #38. Organizational Chart DEDICATEDSUPPORT Ricky Buxton Quality Control & Safety Jessica MacLaren Project Admin & Accounting Aaron Rogers Field Operations Team Leader Erik McDonald Senior Field Manager Johnathan Wilkes Principal- In-Charge Don Kellogg Project Operations Team Leader 6S Team Kevin Bradford Preconstruction Team Leader Chris Lewis Senior Project Manager 14City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility EXPERTISE OF CMAR PROJECT TEAM JohnathanWilkes PRINCIPAL-IN-CHARGE LOCATION 151 Southhall Lane, Suite 170 Maitland, FL 32751 YEARS OF EXPERIENCE 17 Years EDUCATION & CERTIFICATIONS • Bachelor of Science in Building Construction, UF • LEED Accredited Professional • ADEPT Leadership Training • ABC EIC Award EXPERTISE Options Analysis Design Review Budget Estimating Value Engineering Life Cycle Cost Analysis Construction Scheduling Quality Control Constructability Analysis Cost Control Change Order Negotiation Claims Management Project Closeout Transition Planning Security Systems QUALIFICATIONS Johnathan has been a fixture of the Central Florida community and commercial construction industry for over 15 years. Johnathan is a graduate of the University of Florida, where he earned degrees in Building Construction Management and Real Estate. He has served his community by serving on boards such as the Galileo School for Gifted Learning & Brevard Schools Foundation, as well as Seminole County Public Schools Dividend. He is responsible for overseeing all projects from inception to post-occupancy and the development of the Central Florida team. PROJECT EXPERIENCE • City of Fruitland Park New Public Safety Facility • City of Brooksville New Public Works Facility • Lake Technical College Institute of Public Safety Additions • City of Clermont Fire Station #2 INDIVIDUAL’S EXPERIENCE • School District of Osceola County Center for Employee Health • Brevard County Public Works Dept: • Melbourne Beach Library Exterior Repairs • Viera Permitting Department Renos • Merritt Island Service Complex Stormwater Drainage • Cocoa Library Repairs • City of Cocoa Public Works Training Facility • Rollins College/Winter Park MLK Jr. Park Restrooms • Brevard County Schools: • West Melbourne School for Science • Viera Elementary School • Viera Middle School • Cocoa Jr/Sr High School 15City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility EXPERTISE OF CMAR PROJECT TEAM QUALIFICATIONS Kevin K. Bradford is a seasoned Preconstruction Professional with over 20 years of experience managing multimillion-dollar projects across commercial, educational, assisted living, and recreational sectors. Kevin successfully leads the estimating team through design development, budgeting, and GMP procurement. Known for building strong client relationships and delivering cost-effective solutions, Kevin plays a key role in aligning design, budget, and schedule to ensure successful project outcomes. PROJECT EXPERIENCE • City of Fruitland Park New Public Safety Facility • Alachua County Fire Rescue 4 Fire Stations • Lake Technical College Institute of Public Safety Additions • City of Clermont Fire Station #2 INDIVIDUAL’S EXPERIENCE • Brevard Public Schools • Viera Elementary School • Cocoa Jr/Sr High School Addition • Cocoa Jr/Sr High School Facility Renewal • Rockledge High School Facility Renewal • Orange County School District • OTC East Campus • Culinary Lab* • Piedmont Lake Middle School • Winter Park High School • Seminole County School District • Lawton Elementary School Building Addition • School District of Osceola County • Roan K8 • Transportation Kevin Bradford PRECONSTRUCTION TEAM LEADER LOCATION 151 Southhall Lane, Suite 170 Maitland, FL 32751 YEARS OF EXPERIENCE 20 Years EDUCATION & CERTIFICATIONS • Bachelor of Science in Civil Engineering, University of Central Florida • CPR & First Aid Certification • OSHA 30 Hour Safety Certification EXPERTISE Design Review Budget Estimating Value Engineering Life Cycle Cost Analysis Construction Scheduling Quality Control Constructability Analysis Project Closeout 16City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility EXPERTISE OF CMAR PROJECT TEAM QUALIFICATIONS Don has 22 years of wide and varied CM experience, and has extensive experience delivering educational facilities. He has managed many complex projects for the School Board of Alachua County, the University of Florida and Santa Fe College. Don is responsible for overseeing all projects from inception to post-occupancy. He is detail oriented and a collaborative team player astutely focused on budget and schedule at all times. PROJECT EXPERIENCE • Alachua County Fire Rescue 4 Fire Stations • City of Fruitland Park New Public Safety Facility • City of Tavares New Public Works Operations Center • City of Wildwood New Public Works Facility • City of Brooksville New Public Works Facility • Lake Technical College Institute of Public Safety Additions • City of Clermont Fire Station #2 • Clay County New Economic Development Building • City of Newberry New City Hall • City of Groveland New Elese Tomlin Community Empowerment Center • Alachua County District 8 Medical Examiner’s Office Renovations • Clay County Health Department Office Renovations • Santa Fe College Police Station Renovation and Expansion DonKellogg PROJECT OPERATIONS TEAM LEADER LOCATION 3911 W Newberry Road Gainesville, FL 32607 YEARS OF EXPERIENCE 22 Years EDUCATION & CERTIFICATIONS • Bachelor of Science in Building Construction, UF • FL Certified General Contractor License #CGC1517397 • OSHA 30 Hour Safety Certification • LEED Accredited Professional BD+C • USGBC • Green Globes Professional • Asbestos Awareness Class IV Training • CPR & First Aid Certification EXPERTISE Options Analysis Design Review Budget Estimating Value Engineering Life Cycle Cost Analysis Construction Scheduling Quality Control Constructability Analysis Cost Control Change Order Negotiation Claims Management Project Closeout Transition Planning 17City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility EXPERTISE OF CMAR PROJECT TEAM QUALIFICATIONS Aaron Rogers is responsible for overseeing field operations, including communicating with Superintendents daily to ensure quality construction and schedule adherence. Aaron has delivered over $500M worth of construction projects over the past 28 years. During preconstruction, Aaron works with the team performing constructability reviews, site logistics planning, and scheduling. During construction, he is the second set of eyes to the Superintendent, and routinely visits the job to ensure safety, quality, and schedule adherence. Aaron is a seasoned veteran of the industry and is well respected by the local trade contractor community as being an excellent communicator that is fair, mindful, and direct. PROJECT EXPERIENCE • Alachua County Fire Rescue 4 Fire Stations • City of Fruitland Park New Public Safety Facility • City of Tavares New Public Works Operations Center • City of Wildwood New Public Works Facility • City of Brooksville New Public Works Facility • Lake Technical College Institute of Public Safety Additions • City of Clermont Fire Station #2 • Clay County New Economic Development Building • City of Newberry New City Hall • City of Groveland New Elese Tomlin Community Empowerment Center • Alachua County District 8 Medical Examiner’s Office Renovations • Clay County Health Department Office Renovations • Santa Fe College Police Station Renovation and Expansion Aaron Rogers FIELD OPERATIONS TEAM LEADER LOCATION 3911 W Newberry Road Gainesville, FL 32607 YEARS OF EXPERIENCE 28 Years EDUCATION & CERTIFICATIONS • Construction Training Courses, Santa Fe College • FL Certified General Contractor #CGC1534863 • OSHA 30 Certification • CPR and First Aid Certification • Excavation and Trenching Safety Certification EXPERTISE Safety Construction Scheduling Quality Control Constructability Analysis Cost Control Change Order Negotiation Claims Management Project Closeout Transition Planning Security Systems 18City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility EXPERTISE OF CMAR PROJECT TEAM QUALIFICATIONS Chris Lewis provides a wealth of experience and knowledge in both Preconstruction and Project Management. A native to Central Florida, Chris has managed and successfully delivered numerous multi-million dollar Construction Management projects for various school boards and municipalities throughout Central Florida. From project estimating to construction and beyond, Chris excels in all aspects of delivering the client’s vision both on time and on budget. INDIVIDUAL’S EXPERIENCE • City of Clermont Fire Station #2 • Volusia County S. James Foxman Courthouse • Lake County Fire Station Wind Mitigation INDIVIDUAL’S EXPERIENCE • Volusia County Fire Station No 15 • City of Edgewater Public Works Facility • City of Port Orange Field Services Building • City of DeBary Fire Station No 39 • City of Daytona Beach Fire Station #1 • City of Deland Utilities Admin Building • Volusia County Medical Exam Office ChrisLewis SENIOR PROJECT MANAGER LOCATION 151 Southhall Lane, Suite 170 Maitland, FL 32751 YEARS OF EXPERIENCE 17 Years EDUCATION & CERTIFICATIONS • Bachelors of Construction Management, Everglades University • FL Certified Building Contractor #CBC1261411 • OSHA 30 Certification • FMI Project Manager Academy • VCARD Board of Directors • ABC EIC Award EXPERTISE Options Analysis Design Review Value Engineering Life Cycle Cost Analysis Construction Scheduling Quality Control Constructability Analysis Cost Control Change Order Negotiation Claims Management Project Closeout Transition Planning 19City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility EXPERTISE OF CMAR PROJECT TEAM QUALIFICATIONS Erik has over 14 years of industry experience and is a University of Central Florida alum. Erik is routinely acknowledged for his skill in becoming an integrated partner who works attentively with architects, engineers, and clients throughout the construction process to ensure continuity from preconstruction through warranty. He is dedicated to the goals of every project and operates with full transparency. His experience delivering all types of structures, systems, and finishes, has fostered an exceptional level of trust with industry professionals throughout the region. PROJECT EXPERIENCE • Fruitland Park Public Safety Facility • City of Tavares Public Works Operations Center INDIVIDUAL’S EXPERIENCE • Blue Horizon Pharmacutical Office Build Out • KPMG Training Facility • KPMG Learning Development and Innovation Center • USTA Training Facility • Multiple Data Centers (Confidential Client) ErikMcDonald SENIOR FIELD MANAGER LOCATION 151 Southhall Lane, Suite 170 Maitland, FL 32751 YEARS OF EXPERIENCE 14 Years EDUCATION & CERTIFICATIONS • Bachelors in Business Administration & Criminal Justice, UCF • OSHA 30-Hour Safety Certification • CPR & First Aid Certification EXPERTISE Safety Construction Scheduling Quality Control Constructability Analysis Cost Control Change Order Negotiation Claims Management Project Closeout Transition Planning Security Systems 20City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility EXPERTISE OF CMAR PROJECT TEAM QUALIFICATIONS Jessica is a detail-oriented and cost-conscious accounting professional with 20 years of experience. Her daily priorities include the accurate and timely reporting of job cost, client, trade contractor, and vendor requisition management, management of lien waivers and notice to owners, and trade contractor insurance verification. Jessica is also responsible for managing and reconciling the Owner Direct Purchase (ODP) of material and equipment for tax savings. PROJECT EXPERIENCE • Alachua County Fire Rescue 4 Fire Stations • City of Fruitland Park New Public Safety Facility • City of Tavares New Public Works Operations Center • City of Wildwood New Public Works Facility • City of Brooksville New Public Works Facility • Lake Technical College Institute of Public Safety Additions • City of Clermont New Fire Station #2 • Clay County New Economic Development Building • City of Newberry New City Hall • City of Groveland New Elese Tomlin Community Empowerment Center • Alachua County District 8 Medical Examiner’s Office Renovations • Clay County Health Department Office Renovations • Santa Fe College Police Station Renovation and Expansion JessicaMacLaren PROJECT ADMINISTRATOR/ACCOUNTANT LOCATION 3911 W Newberry Road Gainesville, FL 32607 YEARS OF EXPERIENCE 20 Years EDUCATION & CERTIFICATIONS • Bachelor of Science in Accounting, UF 2003 • Construction Financial Management Association Certification • CPR & First Aid Certification EXPERTISE ODP Reconciliation Audit Compliance Pay Applications COIs Release of Liens Cost Control Change Order Negotiation Claims Management Project Closeout 21City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility EXPERTISE OF CMAR PROJECT TEAM Commitment to Meet Time & Budget Requirements Available Capacity At Scorpio, we know the success of a project depends on a committed and available team. For the City of Ocoee Fire Station #38, we have assembled professionals ready to provide the time, resources, and expertise needed to meet the project’s goals. The new 7,500-square-foot Fire Station carries an estimated construction budget of $4.5 million, with construction anticipated to begin in spring 2026. Every project is defined by two fixed resources: time and money. Our responsibility is to hold the team accountable for meeting schedule and budget goals through proactive planning, open communication, and collaboration. PROJECT LEADERSHIP - INTEGRAL TO THE PROCESS CORE PROJECT TEAM KEVIN BRADFORD, PRE-CONSTRUCTION LEAD AARON ROGERS, FIELD OPERATIONS LEAD JOHNATHAN WILKES, PROJECT DEV LEAD DON KELLOGG, PROJECT OPERATIONS LEAD JESSICA MACLAREN, FINANCE & ADMIN LEAD 10%100%90%80%70%60%50%40%30%20% As you can see from our highlighted projects, we have shown the ability to successfully manage similar projects with similar budget and come in at or below targeted client budgets. We believe we can work closely with the City of Ocoee and JL2 Architecture to deliver this project on time and on budget. Team members have been assigned so their availability aligns with project needs. While all remain engaged throughout, certain members will play a larger role during the Preconstruction and Construction phases, as shown in the chart below. CHRIS LEWIS, SENIOR PROJECT MANAGER ERIK MCDONALD, SENIOR FIELD MANAGER City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility Tab 3 Project Approach & Understanding 23City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility PROJECT APPROACH UNDERSTANDING YOUR PROJECT We understand that the City of Ocoee is seeking the construction of a new, approximately 7,500-square- foot, three-bay fire station to serve as a secure, 24-hour operational facility. The project will include associated site improvements designed to support both public and staff use, with appropriate accommodations for parking, circulation, and access. The facility will be designed and constructed in full compliance with all applicable codes and standards, including the Florida Building Code (FBC), National Fire Protection Association (NFPA) requirements, National Electric Code (NEC), FBC Accessibility Code, and the City of Ocoee’s land development code. These requirements will guide the development of a safe, resilient, and code-compliant structure that supports the mission of the fire department and the community it serves. As a critical piece of public safety infrastructure, the fire station will be developed with long-term growth and adaptability in mind. The design and layout will anticipate future operational and staffing needs, ensuring the facility remains functional and effective as the community expands. PRE-CONSTRUCTION PHASES The primary objectives of Preconstruction Services are to mitigate risks, confirm accurate budgets, establish realistic schedules, and ensure all stakeholders are heard. Scorpio’s first priority is listening to and understanding the goals of every team member. This allows us to identify solutions, provide reliable cost and schedule data, and deliver a project that meets the City of Ocoee’s needs and exceeds expectations. Our process follows three phases: Phase 1 Project evaluation begins with a budget estimate and preliminary schedule based on site use, building systems, and schematic design. Early engagement with trade partners helps generate interest and valuable feedback. Equally critical is our coordination with local agencies and authorities having jurisdiction. Our relationships and experience bring valuable assistance to identifying and meeting these requirements. Phase 2 The team engages in value analysis to align budget, design, and construction criteria. We evaluate site conditions, system specifications, constructability, and life cycle considerations, while consulting with trade partners on material and labor availability. All cost-saving alternatives are presented with detailed budgets and potential schedule impacts. Phase 3 In this phase, we establish the Guaranteed Maximum Price (GMP). Once design decisions are incorporated, Scorpio provides a detailed project schedule and GMP analysis. Subcontractors are competitively procured to maximize value for the County. DEVELOPING COST ESTIMATES Cost estimating begins early and involves our preconstruction managers, project manager, field manager, and trade partners working with the design team, stakeholders, and end users. We perform document and constructability reviews, site surveys, and milestone scheduling, which inform a detailed, quantifiable estimate. Our three-pronged approach uses historical cost data, current market trends, and direct trade feedback. Often our early estimates contain more detail than the corresponding design documents. By engaging subcontractors early, we capture real-time pricing and availability, which improves accuracy and reduces surprises later. Estimates are refined as the design evolves, ensuring ongoing cost control. We also use BIM modeling to quantify work in real time, integrating cost analysis with design decisions to balance function, durability, and budget. This proactive approach creates a clear financial roadmap, giving stakeholders confidence that decisions are backed by reliable data. UPDATING THE ESTIMATE At each milestone, we provide updated estimates with logs of notable changes, Cost Event Logs to manage decisions, and Variance Reports to track shifts in scope. This clear, accessible data helps the County make timely and confident decisions. Know the Job 24City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility PROJECT APPROACH VALUE ANALYSIS Value analysis is a structured process to achieve the best value without sacrificing quality. Drawing on the expertise of staff, designers, engineers, and subcontractors, we analyze functional requirements and explore alternatives to reduce cost while maintaining performance. LIFE CYCLE ANALYSIS Life cycle analysis complements value analysis by considering long-term costs of products and systems. While some materials may cost less upfront, they often lead to higher maintenance or replacement expenses. Evaluating long-term performance, especially for energy-efficient systems, helps identify solutions that reduce operating costs and deliver lasting value. EXISTING CONDITIONS We begin by carefully assessing existing site and infrastructure conditions. Our experience enables us to recognize potential challenges early and apply solutions that protect the budget and schedule. CONSTRUCTABILITY REVIEW Constructability Reviews analyze the project from overall strategy down to the smallest detail. Site constraints, system coordination, and material Scorpio’s 6S Process Scorpio uses a specialized delivery method called the 6S Process. Each team member is assigned to one of six categories—Site, Structure, Systems, Skin, Surfaces, and Specialties—led by a Captain and supported by Division Experts. Working directly with subcontractors and suppliers, they track market conditions, strengthen relationships, and deliver accurate numbers while ensuring each scope is fully understood and coordinated. At every design milestone, we provide updated estimates with Cost Event Logs and Variance Reports, giving the City clear, reliable data to make timely and confident decisions. INNOVATION EXAMPLE availability are explored to determine how to build safer, faster, and more cost effectively. The review directly informs the project schedule and validates budget and quality goals. DOCUMENT REVIEW Document Reviews identify errors, omissions, and conflicts before they reach the field, reducing costly changes. Multiple members of the Scorpio team review design documents to ensure clarity, accuracy, and coordination. Our collaborative approach also strengthens alignment with the City of Ocoee’s goals, helping to ensure the finished facility meets both technical and community expectations. This results in better bidding, smoother administration, and fewer surprises during construction. 25City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility PROJECT APPROACH The ability of every stakeholder to have up-to- date access to information is paramount. Our team will administer this project with a commitment to continuity, record-keeping, and reporting. We utilize Procore, an industry-leading cloud- based project management software accessible to all parties, and strict adherence to mandatory company procedures to ensure seamless and accurate communication and sharing of information. MONTHLY REPORTING Construction in the technology age is a fast-moving process that provides a seemingly endless number of ways to deliver information. Procore, with readily available access for all stakeholders, provides information about a project at your fingertips at a moment’s notice. Sometimes owners require a more traditional report each month to track the progress of the job in a format that can be shared with project stakeholders. Therefore, Scorpio also provides a customizable report that contains all the predetermined information in a single source format. Documents such as Requests for Information (RFI) and submittal logs printed from the project management software, along with schedule updates, financial status Manage the Risk Tools of the Trade Procore is secure, simple to navigate, and provides instant access to project data from any computer or mobile device. The number of users is limitless, allowing us to collaborate in real time with each design team member, the City of Ocoee staff, subcontractors, and any others requiring access. This tool is essential in maintaining organization, maximizing efficiency, and ensuring project documents are updated and readily available. As with every aspect of project management, our goal is to keep the entire experience centered on Fire Station #38. Therefore, we are dedicated to making the management and sharing of information as user-friendly as possible. and pictures can provide a quick snapshot of the project you can hold in your hand or view on a screen. We will adjust these reports to meet the specific needs of the Osceola County project team. COST MANAGEMENT Nothing can cause more conflict or disruption to a project than the mismanagement of budgets. Established early in pre-construction, budgets will be determined based on a project’s goals and will create a framework for all decision-making. We will work closely with the City of Ocoee to ensure accurate information is used to maintain the budget. Our team ensures that well-documented scopes of work, established standards of quality, and approved schedules will deliver each project with little to no cost adjustments. Once the final budget is established and construction begins, our operations team will lead in delivering the final vision. Subcontractor pay applications, insurance, lien waivers, and change requests are continually reviewed for accuracy before releasing funds. Costs will be monitored continuously for actual versus projections. Scorpio’s diligence and commitment to creating a true partnership are why we consistently deliver projects on or below budget. INNOVATION EXAMPLE 26City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility PROJECT APPROACH Scorpio’s preconstruction and construction cost control measures are utilized on every project. The team focuses on opportunities to maximize value by identifying cost-saving strategies without impacting quality standards. Constant cost validation is used to achieve budget mandates. Our detailed, line-item cost estimates developed early in the design are routinely validated throughout construction. The careful selection and monitoring of subcontractors and thorough review of pay applications, scopes of work, and schedules ensure the delivery of every project at or under budget. SCHEDULE OF VALUES AND WORKFLOW Throughout construction, team members from Scorpio monitor the project for adherence to the Schedule of Values and Workflow. Each Project and Field Manager ensures that “we bill the job as we build the job.” Vigilance in this area safeguards the budget and creates an early detection of potential issues related to performance and schedule. MONTHLY PAY APP REVIEWS To ensure that the work being billed matches the work that has been put into place, our team conducts thorough Pay Application Reviews. This helps to eliminate potential conflict later in the process and ensures that the owner has received exactly what is being paid for. CHANGE ORDER MANAGEMENT Added or reduced scopes of work will occur during the construction of any project. We manage the process and complete an internal review to validate a subcontractor’s proposal for accuracy. This provides the client with a level of comfort and clarity, knowing that changes presented are being scrutinized at the same level as the original documents and opportunities for cost savings are being captured. MANAGE SCOPE CREEP & COMPLIANCE Our team works to limit or prevent scope creep on every project. It is our responsibility to ensure the intent of the project, as well as all site conditions, are identified thoroughly at the onset of the project. Our team is experienced and routinely trained to identify areas that may lead to scope creep and bring them to the attention of the owners and the design team. While some scope changes may be necessary for the success of the project, uncontrolled scope creep can result in delays and cost overruns. This team is dedicated to ensuring that does not occur. COMPETITIVE BIDDING FOR SUBCONTRACTS Keep It Local We offer an unsurpassed depth of knowledge on the capabilities of craft professionals, both small and large, working in Central Florida and the surrounding areas. In addition to our firm’s extensive database of over 3,000 active subcontractors and vendors, each team member has personal relationships from working on previous projects in the area. Our commitment to the County will be to maximize the participation of small and local businesses in each project. Guaranteed Payment A key to Scorpio’s success in the industry is our commitment to payment on the 10th of the month. Regardless of whether we have been paid, Scorpio guarantees payment to our subcontractors for the work they have performed. This gives our firm a significant advantage when recruiting subcontractors and soliciting competitive pricing. The best subcontractors prefer to work with Scorpio knowing their payment is secure. They give us the lowest bids on bid day and focus on Scorpio projects when their resources may be strained. 27City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility PROJECT APPROACH SAFETY FIRST Safety is the number one priority on all our projects. Our safety program protects construction workers, the public, employees, visitors, and the site by assessing three key components: circulation, separation, and isolation. This assessment establishes the Project- Specific Safety Plan. Circulation is the movement around a construction site, addressed using signage, road crews, and roadblocks. Separation keeps the public away from construction using fencing, barricades, and partitions. Isolation applies when tying into an existing building system or utility that must be contained to avoid affecting the system or activity it supports. Each is essential to achieving safety. ACHIEVING EXCELLENCE Oversight The whole team shares responsibility for safety oversight, but the Field Manager manages the site day to day. Together we identify hazards and create a Project-Specific Safety Plan that ensures proper circulation, separation, and isolation. The plan also addresses noise, dust, traffic flow, and timed deliveries. Education Field Managers maintain OSHA certifications and keep stakeholders informed. Workers complete a pre- job orientation, marked by a hard-hat sticker. “Safety Talks” and “Toolbox Meetings” occur each morning to cover general and task-specific safety measures. Enforcement All workers must follow OSHA and Scorpio Safety Standards. Safety violations can result in immediate removal from the site, with re-entry only after re- completing orientation. SCHEDULE Schedules are continually compared to actual progress, allowing early identification of deviations and timely adjustments. The Field Manager owns the schedule once construction begins, issuing regular updates that are reviewed with the Project Manager to ensure details align with overall goals. Deliver on the Plan 28City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility PROJECT APPROACH PERFORMANCE Ongoing updates keep the plan realistic. Schedules are reviewed in weekly meetings and shared with subcontractors through two-week look-aheads. If delays arise, the team recovers lost time by resequencing, adjusting durations, extending workdays, or adding crews. Weather is always a factor in Central Florida. Local project leaders, guided by Field Operations Team Leader Aaron Rogers, plan activity durations with the seasons in mind. Critical weather-sensitive tasks, like foundations, receive additional time if scheduled during rainy months. Plans must remain flexible. Unforeseen events, from supplier shutdowns to storms affecting out-of-state plants, can impact progress. Scorpio’s experienced professionals anticipate and adjust for these obstacles. QUALITY CONTROL Quality Control starts in preconstruction by ensuring documents are complete and coordinated. Our rigorous management process supports all phases of project delivery, holding both our team and subcontractors to the highest standards. Accountability is Key Quality is every team member’s responsibility, measured in performance reviews. Our program outlines procedures including inspections, testing, documentation, remedial work, and warranty protocols. The team regularly collaborates to refine and improve the process. From Beginning to End Clear communication with subcontractors and vendors is central to quality. We use milestone reviews, external peer reviews when needed, and ongoing training. Close collaboration with architects and engineers ensures value in scope, budget, quality, and schedule. Submittal and Shop Drawing Reviews Once construction documents are finalized, work is competitively bid. Project Managers oversee subcontractors with detailed reviews of submittals and shop drawings, resolving inconsistencies with the design team when needed. Pre-Installation Meetings and Mockups Pre-Installation Meetings confirm work is ready for installation. Mockups verify quality, appearance, and installation methods, creating a standard for the rest of the work. Maintaining High Standards Field Managers conduct daily inspections to ensure quality, documenting deficiencies for immediate correction. They also walk the site with the Osceola County team for real-time transparency. Critical scopes use mockups as benchmarks. Weekly meetings and published minutes keep all stakeholders aligned until project completion. Routine Inspections Quality Control Manager Rick Buxton oversees the overall program, reviewing documentation and inspection reports while addressing client concerns. He also conducts site visits to confirm corrective actions are implemented and that work consistently meets established standards. 29City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility PROJECT APPROACH Quality Control Measures • Document Review • Constructability Review • Systems Analysis • Moisture Mitigation Analysis • Site Planning & Site Logistics • Submittal & Shop Drawings Reviews • Pre-Installation Meetings • Mock-ups • Daily Inspections • Formal Documentation • Warranties & Guarantees POST OCCUPANCY Our commitment extends beyond turnover. We ensure clients are comfortable in their new space, understand systems, and know we’re available for support. Training sessions and recorded resources help staff operate and maintain building systems. Warranty claims are simple: clients contact us directly, and a Warranty Claim Ticket is opened. Requests are assigned and acted upon within 24 hours (sooner if urgent), and clients receive documentation of the resolution. Warranty and Service Support All warranties begin at turnover and last one year. Clients notify us of issues with details for coordination. Our close-out package includes: • Contractor Warranty • Subcontractor Warranties • Material Supplier Guarantees • Inspections • Test Reports • Operation and Maintenance (O&M) Manuals • Owner Training • As-Built Drawings • Approved Submittals • Keys We are always available to take your calls, answer questions, and help. This is the level of service a true community partner offers and that Scorpio has built its reputation on. City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility Tab 4 Current & Projected Workload of CMAR 31City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility PROJECT WORKLOAD PROJECT Lake County Admin Building Window Replacement City of Fruitland Park Public Safety Facility Lake Technical College Lincoln Park Gym Remodel Volusia County Schools Forest Lake Elementary School Parent Loop Extension TOTAL ORIGINAL CONTRACT $510,007 $10,542,507 $3,549,287 $1,461,007 $48,062,808 CURRENT CONTRACT $544,007 $9,827,722 $3,481,397 $1,461,007 $47,314,133 REMAINING $255,683 $6,781,128 $313,326 $1,358,737 $40,708,874 EST. COMPLETION 1/2026 11/2025 2/2026 9/2025 Current & Near Future Workload Personnel Current & Projected Workloads Lake County Admin Bldg Fruitland Park Public Safety Lake Tech Lincoln Park VCS Forest Lake ES Fire Station #38 Current Workload Involvement of Proposed Personnel 8/2025 1/2026 1/2027 City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility Tab 5 Certified Minority Business Enterprise 33City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility CERTIFIED MINORITY BUSINESS ENTERPRISE 1Scorpio & Volteo Scorpio’s partnership with Volteo, a certified Minority/Women Business Enterprise, will allow us to leverage our Central Florida connections to address vendor and supplier diversity as a lead initiative. Volteo has worked throughout Central Florida, successfully procuring, awarding, and completing projects with Minority and Women Business Enterprise (MWBE) owned businesses. Volteo is embed in the Project Team, not as a passive participant, but as a decision-makers and operations across PM functions. Rather than a siloed MWBE partner, Volteo is embedded with Scorpio in the day-to-day operations of the project. From participating in internal coordination calls to facilitating owner meetings, Volteo’s voice is present, valued, and accountable at every step. For the Kissimmee Lakeside Fire Station & Durbin Park Community Center project, we will partner with Krystle Goodridge, DaLila Goodridge and their firm Volteo as part of our team. Krystle will work alongside our team to ensure we are engaging as many small and diverse businesses as possible on this project. Our team understands the value a diverse workforce brings to the betterment of communities. The tone for Scorpio’s vendor diversity policies and goals are established at the top by Domenic Scorpio and executed at every company level, from our paper supplier to our steel providers. Scorpio is committed to partnering with Volteo in their pursuit of growth and to qualify as a Prime contractor within the next five years. Our partnership extends beyond the City of Kissimmee, and we are committed to working together even on projects where minority participation is not required. Scorpio and Volteo are committed to acheiving a minimum of 30% MWBE participation in all of our projects. In order to successfully achieve and exceed this goal, we utilize several strategies to generate interest and attract diverse companies to our projects. Some of these strategies include: • Partnering with smaller diverse CM firms • Using the State of Florida’s Office of Supplier Diversity • Working with various City and County Small Businesses and Vendor Diversity Offices • Participating in Mentor Protégé Programs • Creating Matchmaker Events, Technical Assistance Workshops, and Information Sessions KrystleGoodridge DaLilaGoodridge Volteo CEO & Founder Volteo Principal & Founder 34City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility CERTIFIED MINORITY BUSINESS ENTERPRISE To engage, attract, and employ a diverse pool of trade partners and vendors, we will create and execute a specific plan to maximize MWBE. The following are just a few strategies that have proven successful on past projects: 1. Participation in local outreach programs at the city, county, and regional levels to attract Small, Minority, Disadvantaged, Veteran, and Woman-owned businesses 2. Partnering with supplier diversity organizations and their members – attending events and chapter meetings, which, in the past, has led to many introductions to skilled minority trades. 3. Attending supplier diversity trade shows and conferences. 4. Participating on panels at technical assistance workshops to assist businesses with bidding opportunities, networking, presentation, and other industry-specific processes The team will also assist small and diverse business enterprises during the construction, closeout, and warranty phase of any given project by: • Providing flexible insurance limit requirements • Helping to ensure that all safety and administration requirements are met • Providing joint checks to material suppliers • Providing fast and flexible payment options • Providing fast project closeout and release of retainage • Providing references for future clients and projects • Guaranteed payment on the 10th of every month The combined efforts between Scorpio and Volteo will undoubtedly advance the participation of a diverse workforce during the construction management of Kissimmee Lakeside Fire Station & Durbin Park Community Center Project. Scorpio & Volteo are currently collobrating on other public project in Kissimme serving the School District of Osceola County, FL. Our collaboration on the SDOC projects has been more than a teaming agreement. It is a prime example of how our team structure creates meaningful participation, not just at kickoff, but through project completion. Scorpio’s partnership with Volteo is built on trust, aligned values, and a commitment to delivering quality outcomes with meaningful participation. Our joint efforts on the School District of Osceola County (SDOC) projects reflect a dynamic teaming model where minority participation is not symbolic but embedded into the DNA of how we work together. This is the foundation we bring into our next chapter with the City of Kissimmee. Proven Partnership 35City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility CERTIFIED MINORITY BUSINESS ENTERPRISE About Volteo 1 4 concept-to- completion Volteo delivers a fully integrated, end-to-end solution that covers every stage of your project, from site selection and construction management to design consulting, move management, and final close-out. Acting as your independent advocate, our team is committed to negotiating costs, mitigating risks, accelerating timelines, and optimizing schedules to meet your needs. We manage your project’s budget, schedule, and scope with the same care as if it were our own, safeguarding your interests throughout every phase of the project or across your portfolio. OUR APPROACH 5 comprehensive services WWHHAATT WWEE DDOO Project Management Whether executing a series of projects, such as a building program across a campus or multiple locations, or a single one- off project, we provide comprehensive oversight. Division 10 Specialties Providing top-tier division 10 specialties installations in Orlando and Central Florida, offering restroom accessories, wall protection, fire protection specialties, and more. General Contracting Our team of experienced construction managers specialize in executing new construction, renovations and adaptive reuse projects. Design Build By integrating design and construction under one contract, we ensure seamless communication, faster project delivery, and cost-effective solutions. Owner’s Representation Acting as your advocate, we immerse ourselves in your vision, ensuring every aspect of the project reflects your best interests. 5 comprehensive services WWHHAATT WWEE DDOO Project Management Whether executing a series of projects, such as a building program across a campus or multiple locations, or a single one- off project, we provide comprehensive oversight. Division 10 Specialties Providing top-tier division 10 specialties installations in Orlando and Central Florida, offering restroom accessories, wall protection, fire protection specialties, and more. General Contracting Our team of experienced construction managers specialize in executing new construction, renovations and adaptive reuse projects. Design Build By integrating design and construction under one contract, we ensure seamless communication, faster project delivery, and cost-effective solutions. Owner’s Representation Acting as your advocate, we immerse ourselves in your vision, ensuring every aspect of the project reflects your best interests. City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility Tab 6 Forms City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility FORMS 1411 Edgewater Drive, Suite 104 • P.O. Box 540689 • Orlando, FL 32854-0689 Phone (407) 841-2686 • Fax (407) 841-2688 __________________________________________________________________________________________________ Commercial Insurance • Surety Bonds • Personal Insurance • Employee Benefits • PEO September 26, 2025 City of Ocoee 1 North Bluford Avenue Ocoee, FL 34761 RE: Request for Qualifications – RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility D.E. Scorpio Corporation Letter of Bondability To Whom It May Concern: It is the privilege of Hatcher Insurance and Swiss Re Corporate Solutions America Insurance Corporation to provide surety credit to D.E. Scorpio Corporation, with single project limits of $100,000,000 and an aggregate uncompleted backlog of $200,000,000. D.E. Scorpio Corporation has an impressive construction “track record”, an impeccable reputation, and are generally regarded as being one of the finest construction firms in the State of Florida. Swiss Re Corporate Solutions America Insurance Corporation has an “A+” (Superior) Rating, a financial size category of XV ($2 billion or greater) by AM Best and has a US Treasury Limit of $113,786,000. If D.E. Scorpio Corporation is awarded a contract for the referenced project and requests that we provide the necessary Performance and/or Payment Bonds, we will be prepared to execute the bonds compliance with Florida Statute 255.05, on the City’s forms provided in the RFQ, in an amount in excess of the estimated budget, subject to our acceptable review of the contract terms and conditions, bond forms, appropriate contract funding and any other underwriting considerations at the time of the request. Our consideration and issuance of bonds is a matter solely between D.E. Scorpio, and ourselves, and we assume no liability to third parties or to you by the issuance of this letter. We trust that this information meets with your satisfaction. If there are further questions, please feel free to contact our office. Sincerely, William J. Palmer Attorney-in-Fact Florida Resident Agent City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility FORMS ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A(Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 9/30/2025 (352) 377-2002 (352) 376-8393 35289 D. E. Scorpio Corporation 3911 Newberry Rd Gainesville, FL 32607 20508 10701 10172 A 1,000,000 7033952057 5/30/2025 5/30/2026 100,000 Contractual Liab.15,000 1,000,000 2,000,000 2,000,000 1,000,000B 7033952043 5/30/2025 5/30/2026 5,000,000A 7033952012 5/30/2025 5/30/2026 5,000,000 10,000 C 830-52716 5/30/2025 5/30/2026 1,000,000 1,000,000 1,000,000 D Poll/$1M ea clm G73527521005 5/30/2025 ded. $1k/Aggreate 2,000,000 B Inland Marine 7033952057 5/30/2025 5/30/2026 Lease/Rented 300,000 For Information Only City of Ocoee 150 N Lakeshore Drive Ocoee, FL 34761-2258 DESCORP-01 DSMITH2 Hub International Florida2811 NW 41st StreetGainesville, FL 32606 Certificates.FLA@HubInternational.com The Continental Insurance Company Valley Forge Insurance Company Bridgefield Employers Insurance Company Westchester Surplus Lines Insurance Co. X 5/30/2026 X X X X X X X X City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility FORMS RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 24 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 D.E. Scorpio Corporation, dba Scorpio Erik W. Anderson 9/30/2025 City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility FORMS RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 25 CONFIDENTIAL DISCLOSURE AGREEMENT This Agreement is entered into by and between _______________________________________ (hereinafter “Recipient”) and the City of Ocoee (hereinafter “City”). RECITALS WHEREAS, City needs to disseminate certain building plans, blueprints, specifications, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a water treatment facility (“design information”), in order for it to be designed and constructed pursuant to RFQ #25-009 Construction Manager at Risk for the New Ocoee Fire Station #38 Facility (the Project); and WHEREAS such design information is exempt from public records disclosure requirements of Florida Statutes Section 119.07(1) and s. 24(a), Art. I of the Florida State Constitution. This exemption provides that design information made exempt by law may be disclosed to another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to a public building or water treatment facility; and that the entities or persons receiving such information shall maintain the exempt status; and WHEREAS Recipient is willing to receive disclosure of the design information pursuant to the terms of this Agreement for the purpose of bidding on the project and/or performing design services. NOW THEREFORE, for good and sufficient consideration Recipient agrees as follows: 1. The above Recitals are acknowledged by Recipient and are incorporated herein by reference. 2. Recipient agrees that it shall prevent and protect the design information, or any part thereof, from disclosure as a public record and shall not disclose the design information to any person or entity other than one having a need for disclosure in connect ion with Recipient's authorized use of the design information for the purposes of submitting a response to the bid solicitation. D.E. Scorpio Corporation dba Scorpio City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility FORMS RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 26 3. Recipient agrees to take all steps reasonably necessary to protect the secrecy of the design information, and to require all entities or persons receiving the design information to maintain its exempt status and to prevent the design information from being disclosed as a public record or coming into the possession of a person or entity that is not authorized. 4. Recipient agrees that all design information shall remain the property of City. All design information and all copies thereof shall be returned to City not later than thirty (30) days after the bid opening together with a list of all of the names and addresses of all entities or persons to which the design information has been disclosed; or, in the case of a designer, not later than thirty (30) days after the project is finally completed. Dated this ______ day of __________________, 20__ . RECIPIENT Signed: _________________ Print Name: __________________ Title: __________________ Company: _____________________________________________ Address: ______________________________________________ ______________________________________________________ Phone No: _____________________________________________ Date: 30th September 25 Erik W. Anderson Vice President, Project Development D.E. Scorpio Corporation dba Scorpio 151 Southhall Lane, Suite 170 Maitland, FL 32751 407-495-2810 9/30/2025 City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility FORMS RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 27 COMPANY INFORMATION/SIGNATURE SHEET RFQ #25-009 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 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) __________________________________ E-MAIL ADDRESS _________________________________ IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNATURE (manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: ________________________________ NAME/TITLE (print) _______________________________________ ________________________________ _______________________________________ STREET ADDRESS _________________________________ CITY STATE ZIP FEDERAL ID #____________________ _____Individual _____Corporation _____Partnership _____Other (Specify)________________________ Sworn to and subscribed before me 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 D.E. Scorpio Corporation D.E. Scorpio Corporation Erik W. Anderson, VP, Project Development 46-2621773 X 30th September 25 X FloridaAlachua 151 Southhall Lane, Suite 170 Maitland, FL 32751 johnathan@scorpioco.com City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility FORMS RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 28 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 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' 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 satisfactory participation in a drug abuse assistance or rehabilitation program if 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 a 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: D.E. Scorpio Corporation, dba Scorpio Erik W. Anderson VP, Project Development 9/30/2025 City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility FORMS RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 30 CERTIFICATION REGARDING SCRUTINIZED COMPANIES’ LISTS Respondent certifies that the company is not participating in a boycott of Israel. Respondent certifies that Respondent 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, and is not 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 Respondent is unable to provide such certification but still seeks to be considered for award of this solicitation, Respondent 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. Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. City shall have the right to terminate any contract resulting from this solicitation for default if Respondent 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. Respondent: ___________________________________ By:__________________________________________________ (Authorized Signature) Printed Name and Title:___________________________________ Date:_________________________________________________ D.E. Scorpio Corporation, dba Scorpio Erik W. Anderson VP, Project Development 9/30/2025 City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility FORMS RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 31 HUMAN TRAFFICKING AFFIDAVIT The undersigned, on behalf of Contractor, hereby attests as follows: 1. Contractor understands and affirms that Section 787.06(13), Florida Statutes, prohibits the City of Ocoee from executing, renewing, or extending a contract to entities that use coercion for labor or services. 2. Contractor hereby attests, under penalty of perjury, that Contractor does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes. I, the undersigned, am an officer or representative of the non-governmental entity named below, and hereby represent that I: make the above attestation based upon personal knowledge; am over the age of 18 years and otherwise competent to make the above attestation; and I am authorized to legally bind and make the above attestation on behalf of, the Contractor. Under penalties of perjury, I declare that I have read the forgoing document and that the facts stated in it are true. By: Print Name: Print Title: ________________________________ Company Name: STATE OF COUNTY OF ________________________ The foregoing instrument was sworn to and subscribed before me by means of ☐ physical presence or ☐ online notarization, this _____ day of _____________________________, 202____, by ______________________, as _____________________ of _______________________, who is ☐ personally known to me or ☐ produced _______________________________ as identification. Public Notary Signature (Seal) Print Notary Name:__________________________ My Commission Expires: D.E. Scorpio Corporation, dba Scorpio Erik W. Anderson VP, Project Development FloridaAlachua X 30th September 5 Jessica MacLaren July 31, 2028 X Erik W. Anderson VP, Project Development D.E. Scorpio Corporation City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility FORMS RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 32 COMPANY NOT AN ENTITY OF FOREIGN COUNTRY OF CONCERN In accordance with Florida Statute 287.138 and for purposes of this affidavit, "foreign country of concern" means the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern. The undersigned, on behalf of the entity listed below hereby attests under penalty of perjury as follows: 3. I am an officer or representative of ________________________ (hereinafter “Entity”), and I am authorized to provide this affidavit on its behalf. 4. Entity is not owned by the government of a foreign country of concern. 5. No government of a foreign country of concern has a controlling interest in Entity. 6. Entity is not organized under the laws of or has its principal place of business in a foreign country of concern. 7. If, at any time in the future, Entity does become owned by a foreign country of concern, if a foreign country of concern acquires a controlling interest in Entity, or Entity becomes organized under the laws of or relocated to a foreign country of concern, Entity will immediately notify the City of Ocoee and no contracts may be executed, renewed, or extended between the parties. 8. I have read the foregoing affidavit and confirm that the facts stated in it are true, and are made for the benefit of, and reliance by the City of Ocoee. Authorized Signature: Printed Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged by physical means / by electronic means before me this day of 20__, by , who is personally known to me / presented as identification and who did / did not take an oath. Public Notary Signature (Seal) Print Notary Name:__________________________ My Commission Expires: D.E. Scorpio Corp Erik W. Anderson VP, Project Development Florida Alachua 30th September 25X Jessica MacLarenJuly 31, 2028 City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility FORMS RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 33 CONTRACTOR’S E-VERIFY AFFIDAVIT I hereby certify that [insert company’s name] does not employ, contract with, or subcontract with an unauthorized alien, and is otherwise in full compliance with Section 448.095, Florida Statutes. All employees hired on or after January 1, 2021 have had their work authorization status verified through the E-Verify system. Print Name: Date: STATE OF _____________________ COUNTY OF _ The foregoing instrument was acknowledged before me by means of □physical presence or □online notarization, this (date) by (name of officer or agent, title of officer or agent) of (name of contractor company acknowledging), a _________ (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or has produced ____________________ (type of identification) as identification. Public Notary Signature (Seal) Print Notary Name:__________________________ My Commission Expires: D.E. Scorpio Corporation Erik W. Anderson 9/30/2025 Florida Alachua X 9/30/2025 Erik W. AndersonD.E. Scorpio CorpFL Jessica MacLaren City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility FORMS RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 22 H. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or against the Respondent in the past five (5) years which is related to the services that the Respondent provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. Please state if none. (Attach additional sheets, if necessary) _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ I. ACKNOWLEDGEMENT OF ADDENDA: Respondent acknowledges receipt of the following addenda: No. _____ Dated: _____________ No. _____ Dated: _____________ No. _____ Dated: _____________ No. _____ Dated: _____________ No. _____ Dated: _____________ No. _____ Dated: _____________ No. _____ Dated: _____________ No. _____ Dated: _____________ J. EXCEPTIONS: Does Respondent have any Exceptions to the Scope of Services or terms of the Contract Documents? Yes _____ No ______ List any exceptions you have to this scope of services or contract terms. (Note: exceptions will not be considered after award.) The City reserves the right to accept or reject any requested exceptions. If Respondent leaves this question blank, Respondent agrees it has no exceptions. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ (Attach additional sheets if necessary) 1 2 9/12/25 9/24/25 X Scorpio, including its Qualifying Agent and Directors, does not have any pending litigation or investigation, either civil or criminal, involving a governmental agency or which may affect the performance of the services to be rendered herein, in which the firm, any of its employees, subcontractors, or Sub Consultants intended for this project is, or has been involved within the last five (5) years. City of Ocoee RFQ #25-009 Construction Manager at Risk (CMAR) for the New Ocoee Fire Station #38 Facility FORMS RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 23 K. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK: Respondent shall provide a minimum of three (3) separate references of current or previous contracts with a similar scope of services to the requested services of this RFQ, within the past three (3) years, preferably with a governmental agency. Respondent must demonstrate the ability to perform services of similar complexity, nature, and size. For each previous contract. Respondent must provide a description of the scope, its location, contract dates, and a contact person willing and able to discuss the Respondent’s performance for that contract. Letters of References may also be provided. Only contracts for which the Respondent was the prime contractor will be considered to be relevant. Attach additional sheets if necessary. Name of Project: __________________________________________________________ Project Details: __________________________________________________________ __________________________________________________________ Start date: ________________ Completion date: ________________ Contract amount: _________________________________________ Awarding Agency: ________________________________________________________ Agency’s Point of Contact: Name and Title: __________________________________ Phone number: __________________________________ Email address: __________________________________ Name of Project: __________________________________________________________ Project Details: __________________________________________________________ __________________________________________________________ Start date: ________________ Completion date: ________________ Contract amount: _________________________________________ Awarding Agency: ________________________________________________________ Agency’s Point of Contact: Name and Title: __________________________________ Phone number: __________________________________ Email address: __________________________________ Name of Project: __________________________________________________________ Project Details: __________________________________________________________ __________________________________________________________ Start date: ________________ Completion date: ________________ Contract amount: _________________________________________ Awarding Agency: ________________________________________________________ Agency’s Point of Contact: Name and Title: __________________________________ Phone number: __________________________________ Email address: __________________________________ Does Respondent have any similar work in progress at this time? Yes___ No ___ Bank or other financial references: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ (Attach additional sheets if necessary) END OF INSTRUCTIONS Alachua County Fire Station 21 Fire Station 21 was part of a prototype approach for 4 new stations reducing design fess and demonstrating fiscal responsibility 12/2023 5/2025 $5.5M Alachua County Fire Rescue Harold Theus, Fire Chief 352-384-3132 hmt@alachuacounty.us City of Fruitland Park New Public Safety Facility Two-story CMU building that will house law enforcement and the Fire $9.2M September 2025 $5.5M City of Fruitland Park Gary Lavenia, City Manager 352-360-6727 glavenia@fruitlandpark.org Regional workforce training and innovation center. 4/2023 5/2024 $19M City of Tavares James Dillion, Public Works Director 352-742-6209 jdillon@tavares.org Department City of Tavares Public Works Operations Center X John S. Roberts, Jr., Senior Vice President and Regional President, South State Bank 352-333-6556 jsroberts@southstatebank.com Thank You We hope you find the information contained in this proposal aligns with your expectations for the New Ocoee Fire Station #38 Facility. We look forward to serving you. RFQ-25-009City of Ocoee RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 29 CERTIFICATION OF NON-SEGREGATED FACILITIES The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder 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 rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation, and housing facilities provided for employees on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where he has obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. Governing Law: The nondiscriminatory 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 United States Secretary of Labor. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date , 20 . By: (Title, Company) Official Address (including Zip Code): October 6 25 Erik W. Anderson, VP Project Development D.E. Scorpio Corporation dba Scorpio 151 Southhall Lane, Suite 170 Maitland, FL 32751 From:Chentouf, Alexis To:erik@scorpioco.com Cc:Hopper, Shannon; Tolbert, Joyce Subject:City of Ocoee Request for Completed Non-Segregated Facilities Form – RFQ 25-009 CMAR FS #38 Facility Date:Monday, October 6, 2025 8:38:07 AM Attachments:image001.png Hi Erik, Upon the City of Ocoee’s review of the submission materials for RFQ 25-009 CMAR FS #38 Facility, it appears the Non-Segregated Facilities Form has not been received. Could you please provide the completed form? Please let me know if you need a blank copy of the form resent or have any questions. Thank you for your attention to this matter Alexis Chentouf Purchasing Technician 1 North Bluford Ave. Ocoee, Florida 34761 407-905-3100 x 3111 Florida has a very broad public records law (F.S. 119). As a result, any written communication created or received by City of Ocoee officials and employees will be made available to the public and media, upon request, unless otherwise exempt. Additionally, under Florida Law email addresses are public records. 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 BUILDINGBEYONDEXPECTATIONS PROJECT #: (RFQ) # 25-009CONSTRUCTION MANAGER-AT-RISK FOR THE NEW OCOEE FIRE STATION #38 FACILITY PREPARED FOR: CITY OF OCOEE PRESENTED BY: JASON MULLIGAN President Mulligan Constructors, Inc. E: JMulligan@MulliganConstructors.com P: 407.654.6523 DATE: SEPTEMBER 30, 2025 RESPONSE TOREQUEST FORQUALIFICATIONS 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 TABLE OFCONTENTS 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 TAB 01 TAB 02 TAB 03 TAB 04 TAB 05 TAB 06 TAB 07 TAB 08 TAB 09 COVER LETTER ABOUT MCI KEY PROJECT TEAM MEMBERS STAFF ORG CHART + TIME COMMITMENT SIMILAR COMPLETED PROJECTS CLIENT REFERENCES CURRENT & PROJECTED WORKLOAD APPROACH LICENSES / INSURANCE / BONDING DRUG FREE WORKPLACE STATEMENT Mulligan Constructors, Inc. (MCI) 1027 Lancaster Road Orlando, FL 32809 September 30, 2025 City of Ocoee Subject: (RFQ) # 25-009 CONSTRUCTION MANAGER-AT-RISK FOR THE NEW OCOEE FIRE STATION #38 FACILITY Dear Selection Committee: Mulligan Constructors, Inc. (MCI) is honored to submit our response for the City of Ocoee’s Fire Station #38 Build. With over 24 years of experience in the Municipal market sector, MCI has developed a rich legacy of delivering successful, high-quality projects tailored to meet the specific needs of local governments and communities. Our extensive portfolio includes the completion of ten fire stations for various municipalities, as well as the recently completed $43 million state of the art Orange County Fire Rescue Training Facility and is currently building Winter Garden Fire Station #21 and has been recently awarded the Orange County Fire Station #48. Also of note, MCI has built the last FIVE fire stations for Orange County. This deep history in public sector projects demonstrates our commitment to safety, community, and excellence. We understand the critical role fire stations play in safeguarding communities, and with our specialized experience, MCI is uniquely qualified to meet the expectations of this project. MCI will provide all local support for this project as we are Orlando based with no satellite offices and all local subcontractors, with the President of the company's residence only 9 miles away from the jobsite. Our team is adept at managing the complexities of municipal construction projects, including compliance with local regulations, coordination with public entities, and ensuring seamless delivery on time and within budget. Our previous fire station projects have earned us a reputation for reliability, attention to detail, and quality craftsmanship, all of which we bring to every project we undertake. Jason Mulligan, President of MCI, will serve as the authorized representative for this response. Jason is available to answer any questions and make representations for Mulligan Constructors, Inc. He can be reached at the contact information below: Jason Mulligan, President Mulligan Constructors, Inc. JMulligan@MulliganConstructors.com P: 407.654.6523 We are confident that MCI’s proven track record, experienced team, and commitment to delivering fire station projects of the highest caliber make us the best choice to partner with the City of Ocoee on this important initiative. We look forward to the opportunity to collaborate with you and contribute to the continued safety and well-being of your community. Jason Mulligan President 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 01 ABOUT MCI 1 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 24 YEARS IN BUSINESS 09 CLERICAL + 09 FIELD = 18 EMPLOYEES OWNER LITIGATION, MAJOR DISPUTES, CONTRACT DEFAULTS IN THE PAST 24 YEARS MULLIGANCONSTRUCTORS INC. (MCI) AT-A-GLANCE 024 ANNUAL REVENUE 2023 $34,000,000 2024 $53,000,000 MCI IS A LOCAL, CENTRAL FLORIDA BASED FIRM MCI HAS WORKED WITH PUBLIC AGENCIES FOR 24 YEARS. MCI WILL PERFORM THIS WORK OUT OF OUR ORLANDO OFFICE AT: 1027 LANCASTER ROAD 6 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 Mulligan Constructors takes safety very seriously and enforces a comprehensive safety program across all its projects. Our in-depth safety policy is available for review upon request. Our superintendents receive intensive training in our safety expectations, not only for our team but also for our subcontractors. They participate in ongoing annual education to ensure these standards are consistently upheld. Mulligan Constructors has had zero (0) loss day work accidents in the past 5 years, and has earned an exception experience modification rate of 0.94. SAFETY 7 2 02 KEY PROJECT TEAM MEMBERS SUMMARY OF QUALIFICATIONS An experienced Project Executive with over 30 years of experience overseeing construction functions, including team supervision, budget management, deadline adherence, client communication, and vendor and subcontractor relationships. JASON MULLIGAN President / Project Executive EDUCATION University of Florida, M.E. Rinker School of Construction Management Bachelor of Science in Building Construction CERTIFICATIONS Certifi ed General Contractor OSHA 30-hour Training Course CPR, AED, and First Aid Certifi cation 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.65231027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 PROFESSIONAL EXPERIENCE Mulligan Constructors, Inc. - Orlando, FL President / Project Executive Mulligan Constructors, Inc. (MCI) provides commercial general construction and construction management services to public and private companies. The company works on projects ranging in size from $250,000 to $38 million. CED CONSTRUCTION - Orlando, FL Senior Project Manager Project management responsibilities included estimating, contract negotiations, purchasing, scheduling, coordination between the management company and construction, turnover of buildings to management and the daily management of assigned projects. VISTANA DEVELOPMENT – Orlando, FL Project Manager / Director of Construction As the construction manager, responsibilities included overseeing all operations in the eastern region. This involved managing the development of projects as selected by the Vice President, creating and implementing a weekly reporting system for all directors and project managers in construction and development, assisting in the creation and management of the master schedule on selected projects, creating a responsibility matrix for the construction department, and creating and managing new construction policies. Also implemented a new standardized contract for all projects, chaired weekly staff meetings, solicited and hired professional staff for selected projects, and negotiated contracts with civil engineers, architects, and landscape architects on selected projects. Additionally, I created, implemented, and managed a warranty program for all projects in the eastern region, centralized all purchasing to the Orlando offi ce, and assisted in creating master project budgets. Regarding fi nancial responsibilities, I was responsible for full P&L and scheduling for eastern construction. Finally, I liaised between sales, operations, development, and construction departments to ensure that all projects were completed effi ciently and eff ectively. Project management responsibilities included overall daily management of the Sheraton Vistana Villages project, full P&L responsibilities for all hard costs, scheduling responsibilities, creating bid packages, buyout and subcontractor negotiations, and liaison between sales, operations, senior management, and design professionals. 30 YEARS OFEXPERIENCE 9 SUMMARY OF QUALIFICATIONS Hands-on Senior Project Manager responsible for leading the team through preconstruction and construction. Carl will work closely with all stakeholders including the design team, subcontractors, and city representatives in implementing and adjusting fi nances, contracts, and schedules and acting on potential cost- saving opportunities CARL OTTO Senior Project Manager EDUCATION Bachelor of Science in Architecture University of Tennessee CERTIFICATIONS OSHA 30-hour Training Course CPR, AED, and First Aid Certifi cation 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.65231027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 PROFESSIONAL EXPERIENCE Mulligan Constructors, Inc. - Orlando, FL Senior Project Manager 2017 to Present PARTIAL PROJECT LIST: •Blue Cloud Dental, Orlando, Florida •Circle K Stores (throughout Central Florida): - Apopka - Bradenton - Mount Dora - Fort Myers - Haines City - Lakeland - Longwood - Palm Bay - Wesley Chapel •Earth Fare, Lady Lake, Florida •East Orange Park, Orange County, Florida •Healthcare Center for the Homeless, Orlando, Florida •Lake Maude Recreational Complex, Winter Haven, Florida •Marshalls Department Store, Okeechobee, Florida •Orange County Fire Stations, Orlando, Florida - #44 - #68 - #80 - #87 •Orange County Fire Rescue Training Facility, Orlando, Florida •Panera Bread, Champions Gate, Florida •Panera Bread, Vero Beach, Florida •Panera Bread/Chipotle, Brandon, Florida •Paradise Grills, Wesley, Chapel •Sportsman Warehouse, Lady Lake, Florida •Springhill Suites, West Melbourne, Florida •Universal Studios, Warehouse Building South, Orlando, Florida Pooley Enterprises, Inc. - Orlando, FL Operations Manager After joining Pooley in 2015, the revenue increased from $4 million to over $10 million in 2016. As of the fi rst quarter of 2017, the company has already secured over $8 million in revenue. Pooley has strong relationships with numerous national developers and holds a company license for South Carolina, North Carolina, Georgia, and Alabama. The projects range from $500,000 to $3 million in value. Rondack Construction, Inc. - Red Hook, NY Project Manager At Rondack, I have managed commercial projects ranging in scope from $500,000 to $5.5M, including manufacturing, automotive, medical, and general offi ce industries. The company’s profi le is approximately $10M per year. 31 YEARS OFEXPERIENCE 10 SUMMARY OF QUALIFICATIONS Dan is a hands-on Superintendent who is responsible for coordinating all site activities and ensuring safety. He will work closely with Project Managers, Subcontractors, and the design team to implement and adjust the project schedule. Dan will be on-site full-time, inspecting the work for compliance with the contract documents and ensuring the safety of the project. DANIEL “DAN” LEWIS Project Superintendent EDUCATION West Farmington High School, West Farmington, OH Trumbull County Vocational School – Warren, OH CERTIFICATIONS OSHA 30-hour Training Course CPR, AED, and First Aid Certifi cation Walmart Certifi ed Superintendent 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.65231027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 PROFESSIONAL EXPERIENCE Mulligan Constructors, Inc. - Orlando, FL Project Superintendent 2013 to Present PARTIAL PROJECT LIST: •Mount Dora Commerce Center, Mount Dora, Florida •Deltona Community Center, Deltona, Florida •Disney China, Kissimmee, Florida •Family Dollar – Kathleen, Florida •Family Dollar – Ocala, Florida •Great Outdoors Church, Titusville, Florida •Kilwins Chocolates, Winter Park, Florida •Mellow Mushroom – Port Orange, Florida •Naval Training Center, National Guard Armory, Orlando, Florida •Orange County Fire Stations, Orlando, Florida - #44 - #68 - #80 - #87 •Orange County Fire Rescue Training Facility, Orlando, Florida •Orange Count Three Points Facility, Orlando, Florida •Orlando Science Center, Orlando, Florida •Road and Drain Div. – Three Points Maintenance Facility, Orlando, Florida •Plantation Plaza, Leesburg, Florida •RaceTrac Convenient Store/Gas Station – Orlando, Florida •RaceTrac Convenient Store/Gas Station – Oviedo, Florida •St. Augustine Episcopal Church, Vero Beach, Florida •Shoppes at Pine Meadows, Deltona •Sweet Tomatoes, Lady Lake, Florida •Wawa Convenient Store/Gas Station, Orlando, Florida - Goldenrod & Hoff ner - Donegan & 17-92 •YMCA Renovation R.D. Michaels & Associates - Orlando, FL Project Superintendent Benchmark Building Contractors - Oviedo, FL Project Superintendent Advanced Building Constructors - Orlando, FL Project Superintendent 38 YEARS OFEXPERIENCE 11 SUMMARY OF QUALIFICATIONS As an Assistant Project Engineer, Justin plays an active role in supporting every phase of construction. He partners closely with fi eld teams to keep projects running smoothly, ensuring subcontractors are aligned with the latest scopes of work and project requirements. Justin also assists with pre-installation meetings, permitting, and drawing reviews to anticipate critical path items and long lead times. His thorough approach to subcontractor evaluations and bid comparisons helps deliver cost-eff ective solutions that support both quality and schedule, reinforcing our commitment to client success. JUSTIN MULLIGAN Project Engineer EDUCATION Florida State University School of Business Management CERTIFICATIONS OSHA 30 Certifi cation CPR, AED and Basic First Aid Certifi cation 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.65231027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 PROFESSIONAL EXPERIENCE Mulligan Constructors, Inc. - Orlando, FL 2024 to Present PARTIAL PROJECT LIST: • Orange County Fire Rescue Facility • Orange County Fire Station #32 •High Point Climbing •Ark Pet Spa & Hotel •Orange County Parks - Horizon West •Orange County Senior Center & Innovation Lab WMG Development - Orlando, Florida 2023 • Partial Project List •Heartland Dental - Clermont, Florida •Heartland Dental - Ocoee, Florida •Heartland Dental - Titusville, Florida 02 YEARS OFEXPERIENCE 12 SUMMARY OF QUALIFICATIONS Sherry is an experienced professional manager with over 25 years of experience. She is highly skilled in directing complex projects from concept to fully operational status. Her administrative and fi nancial expertise is second to none. Sherry is organized, motivated, and has excellent problem- solving and analytical skills. She can also research and communicate eff ectively with subcontractors and municipal administrators. SHERRY WASHINGTON, MBA Business Manager and Controller EDUCATION Strayer University M.B.A., Master of Business Administration Major: Management • Honors Graduate Columbia College of Missouri B.S., Business Administration Double Major: Business Management and Human Resource Management • Magna Cum Laude State of Florida Notary Public 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.65231027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 PROFESSIONAL EXPERIENCE Mulligan Constructors, Inc. - Orlando, FL 2005 to Present Sherry oversees critical operations that keep projects running smoothly and clients fully supported. From pre- construction and contract administration to ensuring compliance in safety, diversity, equal opportunity (and beyond), this role safeguards our clients’ investments. By managing human resources and company-wide administration with precision, Sherry ensures that every project is backed by strong systems, fair practices, and a commitment to excellence — giving clients confi dence that their project is in capable hands. Pre-Construction / Contract Administration •Guides clients through pre-construction planning to ensure clarity, effi ciency, and cost control. •Manages contracts with precision, protecting client interests while fostering strong partnerships. •Coordinates documentation and compliance requirements to keep projects on schedule. •Provides transparent communication so clients understand scope, milestones, and expectations Safety •Implements rigorous safety protocols that protect workers, clients, and the surrounding community. •Ensures compliance with all OSHA and industry standards, minimizing project risk. •Conducts ongoing training and monitoring to uphold a culture of safety on every site. •Delivers peace of mind by prioritizing safety as a core value in all phases of construction. Equal Employment Opportunity / Diversity •Promotes inclusive hiring practices that refl ect the diversity of the communities we serve. •Ensures compliance with federal, state, and client- specifi c EEO requirements. •Builds project teams that bring diverse perspectives, enhancing innovation and problem-solving. •Demonstrates a commitment to fairness and equity, reinforcing client values and project integrity. 27 YEARS OFEXPERIENCE 13 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 PROJECT TEAM ROLES & RESPONSIBILITIES JASON MULLIGANPresident JAMES HINESSenior Project Estimator CARL OTTOSenior Project Manager - Preconstruction DAN LEWISProject Superintendent JUSTIN MULLIGANProject Engineer SHERRY WASHINGTONAdministrative Manager OPT I O N S A N A L Y S I S DES I G N R E V I E W BUD G E T E S T I M A T I N G VAL U E E N G I N E E R I N G LIFE C Y C L E C O S T A N A L Y S I S QUA L I T Y C O N T R O L COS T C O N T R O L CHA N G E O R D E R N E G O T I A T I O N CLA I M S M A N A G E M E N T PRO J E C T C L O S E O U T TRA N S I T I O N P L A N N I N G SEC U R I T Y S Y S T E M S CON S T R U C T I O N S C H E D U L I N G CON S T R U C T I B I L I T Y A N A L Y S I S ROLES & RESPONSIBILITIES 14 BUILDINGBEYONDEXPECTATIONS 3 03 STAFF ORG CHART & TIME COMMITMENT 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 A TEAM APPROACH IS THE BEST APPROACH The primary point of contact for this project will be Jason Mulligan, who is the President of Mulligan Constructors and will have the authority to sign documents. The project managers at Mulligan Constructors will supervise the daily operations and communicate with your project representative. The Project Superintendents will be in charge of all on-site activities and will ensure safety measures are followed. Below is our anticipated project staff responsible for the execution of your project. JASON MULLIGAN President and Project Executive JMulligan@MulliganConstructors.com SHERRY WASHINGTON, MBA Administrative Manager SWashington@MulliganConstructors.com CARL OTTO Senior Project Manager COtto@MulliganConstructors.com JAMES HINES Senior Project Estimator JHines@MulliganConstructors.com DAN LEWIS Project Superintendent DLewis@MulliganConstructors.com JUSTIN MULLIGAN Project Engineer JMulligan@MulliganConstructors.com 20% 10%50% 100 % 50% 20% 16 4 04 SIMILAR COMPLETED PROJECTS 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.65231027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 ORANGE COUNTY FIRE RESCUE TRAINING FACILITY Ground up construction of $40mm project, 38-acre site consisting of over 80,000 SF. The project consists of an education building with a two-bay training fi re station, the design/build of two fi ve-story drill towers as well as a design/build of a three- story burn building. In all this project consists of constructing 10 new buildings for Orange County to assist in their fi re training activities. This project is opened in Summer of 2025. SIZE: 80,000 SF COST: $40,000,000 VALUE ENGINEERING OPPORTUNITIES: To date, over $250,000 of value engineering has been accepted. MULLIGAN CONSTRUCTORS - PROJECT EXPERIENCE 24 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.65231027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 ORANGE COUNTY FIRE STATION #44 MCI was the prime contractor responsible for all aspects of construction of a new ground up 9,352 SF two bay fi re station. Completed on schedule in 2024. The project is a level D essential facility including administrative offi ces, dormitory rooms, state of the art kitchen and day room, ADA restrooms, locker room and showers, two bay truck area, new back-up generator, multi-zone HVAC systems as well as a G2 station alerting system. VALUE ENGINEERING OPPORTUNITIES: On this project Mulligan Constructors was allowed to replace 4” poly iso board and plywood with a Dex Cel and spray foam insulation below deck saving the client +/-$44,000. HURRICANE HARDENED: YES MULLIGAN CONSTRUCTORS - PROJECT EXPERIENCE SIZE: 9,352 SF COST: ORIGINAL CONTRACT - $4,880,948 FINAL CONTRACT - $5,359,969 (Final contract increased due to owner changes.) CONTACT: The project’s County contact is Randy Nixon who can be reached at 407-758-3470. 18 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.65231027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 ORANGE COUNTY FIRE STATION #80 MCI was the prime contractor responsible for all aspects of construction of a new ground up 11,532 SF three bay fi re station. Construction is scheduled to be completed at the end of April 2024, on schedule. The project is a level D essential facility including administrative offi ces, dormitory rooms, state of the art kitchen and day room, ADA restrooms, locker room and showers, two bay truck area, new back-up generator, multi-zone HVAC systems as well as a G2 station alerting system. VALUE ENGINEERING OPPORTUNITIES: Value Engineering options were taken for the roofi ng system as well as several other fi nish options, resulting in savings of over $200,000. HURRICANE HARDENED: YES MULLIGAN CONSTRUCTORS - PROJECT EXPERIENCE SIZE: 11,532 SF COST: ORIGINAL CONTRACT - $5,668,750 FINAL CONTRACT - $5,586,126 (Final contract increased due to owner changes.) CONTACT: The County’s contact is Scott Reekie who can be reached at 407-408-2152. 19 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.65231027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 ORANGE COUNTY FIRE STATION #87 MCI was the prime contractor responsible for all aspects of construction of a new ground-up 9,352 SF two bay fi re station. Construction completed in 2020, on schedule. The project is a level D essential facility including administrative offi ces, dormitory rooms, state of the art kitchen and day room, ADA restrooms, locker room and showers, two bay truck area, new back-up generator, multi-zone HVAC systems as well as a G2 station alerting system. VALUE ENGINEERING OPPORTUNITIES: On this project the Owner did not accept any VE options off ered by MCI. HURRICANE HARDENED: YES MULLIGAN CONSTRUCTORS - PROJECT EXPERIENCE SIZE: 9,352 SF COST: ORIGINAL CONTRACT - $3,597,629 FINAL CONTRACT - $4,037,456 (Final contract increased due to owner changes.) CONTACT: The project’s County contact is Scott Reekie who can be reached at 407-408-2152. 20 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.65231027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 ORANGE COUNTY FIRE STATION #68 MCI was the prime contractor responsible for all aspects of construction of a new ground up 9,352 SF two bay fi re station. Completed in 2022, on schedule. The project is a level D essential facility including administrative offi ces, dormitory rooms, state of the art kitchen and day room, ADA restrooms, locker room and showers, two bay truck area, new back-up generator, multi-zone HVAC systems as well as a G2 station alerting system. VALUE ENGINEERING OPPORTUNITIES: On this project the Owner did not accept any VE options off ered by MCI. HURRICANE HARDENED: YES MULLIGAN CONSTRUCTORS - PROJECT EXPERIENCE SIZE: 9,352 SF COST: ORIGINAL CONTRACT - $4,129,491 FINAL CONTRACT - $4,499,971 (Final contract increased due to owner changes.) CONTACT: The project’s County contact is Randy Nixon who can be reached at 407-758-3470. 21 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.65231027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 ORANGE COUNTY FIRE STATION #32 MCi is the prime contractor responsible for all aspects of construction for a 11,730 SF ground-up block and concrete prototype three bay fi re station and vehicle storage facility for Orange County. The project is a level D essential facility including administrative offi ces, dormitory rooms, state of the art kitchen and day room, ADA restrooms, locker room and showers, two bay truck area, new back-up generator, multi- zone HVAC systems as well as a G2 station alerting system. This project is currently under construction and anticipated to be completed in early 2025. SIZE: 11,730 SF COST: ORIGINAL CONTRACT: $6,957,777 FINAL CONTRACT: TBD CONTACT: TBD VALUE ENGINEERING OPPORTUNITIES: There is no VE on the project. HURRICANE HARDENED: YES UNDER CONSTRUCTION MULLIGAN CONSTRUCTORS - PROJECT EXPERIENCE 22 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.65231027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 DELTONA COMMUNITY CENTER Construction of a new 30,000 SF ground up concrete tilt wall community center built for the City of Deltona. High-end fi xtures highlight this project that included all new HVAC, electric, plumbing, sitework and landscaping. VALUE ENGINEERING OPPORTUNITIES: On this project Mulligan Constructors was able to off er VE opportunities for the HVAC and lighting package saving the client +/- $750,000 SIZE: 30,000 SF COST: $8,000,000 CONTACT: The contact person for this project in the City is retired and is no longer employed by the City. MULLIGAN CONSTRUCTORS - PROJECT EXPERIENCE 23 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.65231027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 SEMINOLE COUNTY FIRE STATION #13 Construction of a new, two-story, 10k square foot fi re station in Apopka, Florida, which includes training rooms, dorm rooms, full commercial kitchen, specialty electrical equipment and all other associated work. This project included site work, masonry, electrical, HVAC, sheetrock, framing and carpentry. The project was completed on schedule. MULLIGAN CONSTRUCTORS - PROJECT EXPERIENCE SIZE: 10,000 SF COST: CONTRACT - $2,067,222 CONTACT: Seminole County Facilities 25 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 LIST OF FIRE STATION PROJECTS WITHIN THE PAST 10 YEARS Orange County Fire Station #20 Orange County Fire Station #32 (Under Construction) Orange County Fire Station #44 Orange County Fire Station #48 (Under Contract) Orange County Fire Station #68 Orange County Fire Station #80 Orange County Fire Station #84 Orange County Fire Station #87 Orange County Fire Rescue Training Facility + Fire Station Seminole County Fire Station #13 City of Winter Garden Fire Station #21 (Under Contract) MCI HAS COMPLETED A TOTAL OF TEN (10) FIRE STATION PROJECTS, WITH MANY MORE UNDERWAY. 26 5 05 CLIENT REFERENCES 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 REFERENCE LIST REFERENCE NO. 1 REFERENCE NO. 2 Project Name:Orange County Fire Station #87 Orange County Fire station #68 Owner/Client:Orange County Board of County Commissioners Orange County Board of County Commissioners Contact Name:Scott Reekie Randy Nixon Contact Email:scott.reekie@ocfl.net randy.nixon@ocfl.net Contact Phone:Office (407) 836- 0044 Cell (407) 408 -2152 Office (407) 836-0043 Cell (407) 758- 3470 Owner/Client Address:400E. South Street, 4th Flr, Orlando, FL 32801 400E. South Street, 4th Flr, Orlando, FL 32801 REFERENCE NO. 3 REFERENCE NO. 4 Project Name:Orange County Fire Rescue Training Facility Orange County Fire station #44 Owner/Client:Orange County Board of County Commissioners Orange County Board of County Commissioners Contact Name:Scott Reekie Randy Nixon Contact Email:scott.reekie@ocfl.net randy.nixon@ocfl.net Contact Phone:Office (407) 836- 0044 Cell (407) 408 -2152 Office (407) 836-0043 Cell (407) 758- 3470 Owner/Client Address:400E. South Street, 4th Flr, Orlando, FL 32801 400E. South Street, 4th Flr, Orlando, FL 32801 REFERENCE NO. 5 REFERENCE NO. 6 Project Name:Orange County Fire station #80 Orange County Fire Station #84 Owner/Client:Orange County Board of County Commissioners Orange County Board of County Commissioners Contact Name:Scott Reekie Sam Shine / Sara Flynn-Kramer Contact Email:scott.reekie@ocfl.net sam.shine@ocfl.net sara.flynnkramer@ocfl.net Contact Phone:Office (407) 836- 0044 Cell (407) 408 -2152 Office (407) 836-0037 Cell (407)836-0048 Owner/Client Address:400E. South Street, 4th Flr, Orlando, FL 32801 400E. South Street, 4th Flr, Orlando, FL 32801 28 SELECTED PAST PROJECTS 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.65231027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 -• - • Circle K - Apopka Apopka, FL $2,200,000 3,962 SF Circle K - Bradenton Bradenton, FL $2,200,000 6,883 SF Circle K - Bradenton 2.0 Bradenton, FL $3,400,000 5,533 SF Circle K - Clermont Clermont, FL $2,400,000 3,962 SF Circle K - Fort Myers Fort Myers, FL $3,700,000 6,658 SF Circle K - Fort Myers 2.0 (Old Olga)Fort Myers, FL $4,900,000 6,795 SF Circle K - Haines City Haines City, FL $3,400,000 6,821 SF Circle K - Lakeland Lakeland, FL $4,500,000 5,462 SF Circle K - Lakeland 2.0 Lakeland, FL $2,700,000 5,418 SF Circle K - Longwood Longwood, FL $2,500,000 5,394 SF Circle K - Palm Bay Palm Bay, FL $3,000,000 4,934 SF Circle K - Palmetto Palmetto, FL $2,800,000 5,200 SF Circle K - Plant City Plant City, FL $3,500,000 5,533 SF Circle K - Tampa Tampa, FL $3,300,000 6,462 SF Circle K - Wesley Chapel Wesley Chapel, FL $2,600,000 5,418 SF Cumberland Farms Vero Beach, FL $1,900,000 5,000 SF Orange County 3 Points Orlando, FL $2,900,000 12,000 SF Orange County Metal Building & Fueling Facility Orlando, FL $400,000 1 acre RaceTrac Curry Ford Orlando, FL $2,184,000 6,100 SF RaceTrac Daytona Daytona, FL $2,000,000 6,100 SF RaceTrac Disney Kissimmee, FL $700,000 5,000 SF RaceTrac Kissimmee Kissimmee, FL $360,000 5,000 SF RaceTrac New Smyrna Beach New Smyrna Beach, FL $3,300,000 5,500 SF RaceTrac Osteen Osteen, FL $420,000 5,000 SF RaceTrac Oviedo Oviedo, FL $1,900,800 5,900 SF RaceTrac Port St Lucie Port St Lucie, FL $2,100,000 6,100 SF RaceTrac Saxon Deltona, FL $650,000 5,000 SF RaceTrac Tomoka Daytona, FL $2,800,000 6,100 SF Wawa BLS Orlando, FL $1,200,000 5,600 SF Wawa HOF Orlando, FL $1,200,000 5,600 SF Wawa PNA Orlando, FL $1,200,000 5,600 SF -• • Above Ground Subway Stations (4)Baltimore, MD $32,000,000 48,000 SF Anaerobic Digesters St. Petersburg,FL $12,000,000 800,000 Gal Ashland Judicial Complex Ashland, KY $5,000,000 32,000 SF Avon Park National Guard Armory Avon Park, FL $1,500,000 17,800 SF Azalea Neighborhood Park Orlando, FL $1,543,000 12 acres Blackstone Park Bradenton, FL $2,400,000 10 acres Charlotte County Judicial Center Punta Gorda, FL $30,000,000 175,000 SF County Courthouse Evansville, IN $5,000,000 100,000 SF Debary Public Safety Complex Debary, FL $1,200,000 5,655 SF Deltona Community Center Deltona, FL $7,200,000 31,000 SF Deltona High School ADA Bleacher Alterations Deltona, FL $720,000 10 acres Elementary Schools (5)Central, FL $15,000,000 20-40,000 SF FDOT Oviedo Maintenance Facility Oviedo, Fl $370,000 6,000 SF FDOT Tav-Lee Trailhead Tavares, Fl $453,000 6 acres Fire Station #20 Zellwood, FL $785,000 3,500 SF FL Juvenile Justice project Union Co, FL $2,000,000 20,000 SF FL Juvenile Justice project (3)Broward Co, FL $4,000,000 45,000 SF Flat Gap School Addition Orlando, FL $1,493,000 4,750 SF Florida Atlantic University Dorms Boca Raton, FL $4,000,000 75,000 SF Florida Atlantic University offices and classes Boca Raton, FL $9,000,000 300,000 SF Florida International Microbial Remediation Miami, FL $4,000,000 40,000 SF Florida International Univ. Student Center Miami, FL $7,000,000 60,000 SF Hazard Comm. College Challenger Center Hazard, KY $3,000,000 8,000 SF Hazard Comm. College Science Build.Hazard, KY $3,000,000 10,000 SF Lake Maude Park Winter Haven, FL $4,410,000 21 acres Lake Maude Sports Complex Winter Haven FL $5,000,000 40 acres Lake Sumter Community College Remodel Leesburg, FL $1,450,000 20,000 SF Lake Sumter Community College Walkway Leesburg, FL $100,000 N/A Manatee High School Bradenton, FL $25,000,000 200,000 SF Max K. Rodes - Brevard County Parks Melbourne, FL $3,151,000 50 acres Miami Airport Misc. Project Contracts Miami, FL $16,000,000 Varied New York City Schools New York, NY $16,000,000 10 locations NTC Armory Orlando, FL $4,000,000 25,000 SF Ocoee Service Center Orlando, FL $1,106,000 31,000 SF Orange County 3 Points Orlando, FL $2,900,000 12,000 SF Orange County Convention Center Orlando, FL $300,000 N/A Orange County Corrections Orlando, FL $1,400,000 5,000 SF Orange County East Orange Park Christmas, FL $3,700,000 240 acres Orange County Fire Rescue Training Facility Orlando, FL $39,000,000 80,445 SF Orange County Fire Station 20 Orlando, FL $760,000 5,600 SF Orange County Fire Station 32 Winter Garden, FL $6,960,000 11,730 SF SELECTED PAST PROJECTS 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.65231027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 -• • • • -• • -• -• • -• •• -• • •• • • • • -• • -• -• • • • • - •€ • • • ‚• • -• ƒ „ …•• ••• •-• • †‡… -• • •• ˆˆ • ‰ •• Š ‚ • -• • †‡… -• ‹ • ‚ -• • ‚• -• ‹ • Œ Ž -• • -• ‹ • „ -• • -• †‘ …•• • -• • - •€ ˆ • …• • ‚ •-• • ‚• • - † • …•• • ’ ““” „ •• - - • • ‘• •ˆ • -• ‚ ‚ ‚ Š •-• • ‚• • – ‰ • …•• • -• • • • • • ƒ • ‚ • • • • • • ƒ ‚ ‚ • • • • • • • … • Š• • • • • ‘• ‚ … • Š• • • • • • -… Ž —•-• • • •• • ‚ • ‚ – - ••˜ • •• • Œ ” ‘ •Š Ž ” • - ‘ •Š Œ ” ‹ „ •• ˆ • • • - •„ • • ‹ „ •• ˆ ‘ •• Š • • ‚ •™ š„ ‘† • Project Location Value Size Theme Parks Ž € Œ ™ •• •• • • Ž • ‰ € › • • • ™ •• •• • • • • •Š • ‚ • ˜ • ™ •• •• • • • • Š• • • • ™ •• •• • • Ž› ˆ •• ™ •• •• • †‡… - Š • Œ ™ •• •• • • ‘• • - •€ Ž œ ƒ •• ž•-• • ‘• • - •€ Ž -• ‘• • - •€ • • •‚ ™ •• •• • †‡… ‘• • - •€ • ™ •• •• †‡… ‘• • - •€ • • „ •-• • ‘• • - •€ • ‰ › ™ •• •• • †‡… ‘• • - •€ -ˆˆ ‚ Ž -• ‘• • - •€ -ˆˆ ‚ Ž ‡ • • • -• • ‘• • - •€ •˜ ‚€•-• • ‘• • - •€ › • Ž ‚• • • › • Ž ‚• • ‹ „ •• •-• • •• -• • •™ •• •• • • Project Location Value Size Hotels / Timeshares / Multifamily / Condos Ž • • ••› ‚ Ž •€•• • ˜ …Š • • •-• • • Ž • ‰ € › • • • ™ •• •• • • • • •Š • ‚ • ˜ • ™ •• •• • • • • Š• • • • ™ •• •• • • • €• …Š • • •-• - •€ • • Š• •• - •• • • ™ •• •• • “• • • Š • • Š • † • • •ˆ Ÿ Š œ - • • ™ •• •• • • •ˆ Ÿ Š • ” Ž ‚• • •ˆ Ÿ • Ÿ• • ™ •• •• • • • …Š • • • • •˜ • † • • • •˜ • Ÿ• …Š • • • – … • • • € …Š • • •-• •• • › • ˜ …Š • • •-• • • • - €• …Š • • • € Œ • • - Š • Œ ™ •• •• • • ‘ ‰ • • • • „ •• Ž …Š • • • ‚•• ›… • • • • ž• › • › • • -• • • -• †‡… Š• • • Ž Œ •• Œ ˜ • • • • ‹ • – … • ‰• …Š • • •- • – ‚ • • • Ÿ• -• • ŸŸ ™ •• •• • • Ÿ• „ •™ •• •• • • - …Š • • • • • • • • › ‚ ˜ • ™ • ‚ • …¡ • • • •• -• • •™ •• •• • • •• Ÿ• š • • ••Œ • MULLIGAN CONSTRUCTORS KEY PERSONNEL SELECTED PAST PROJECTS 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.65231027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 -• • Arden Court Dementia Naples, FL $2,000,000 25,000 SF Arden Court Dementia Seminole, FL $2,000,000 25,000 SF Arden Court Dementia Citrus Co, FL $2,000,000 25,000 SF Assisted Living Facilities (100+ projects)Az, Co, Tx, NC, SC, Ga, Fl, Oh, In, Tn, Ky, Ks, Ok $300,000,000 20,000-60,000 SF Baptist Four Rivers Medical Office Bldg Selma, AL $9,000,000 82,000 SF Beverly Nursing Home (Skilled)Citrus Co, FL $6,000,000 50,000 SF Beverly Nursing Home (Skilled)Ft. Myers, FL $6,000,000 50,000 SF Blue Cloud Dental Orlando, FL $2,200,000 7,100 SF Blue Cloud Surgery Center Orlando, FL $4,000,000 15,000 SF Brighton Gardens Assisted & Nursing Home Naples, FL $10,000,000 100,000 SF Ciutrus Memorial Medical Office Bldg Inverness, FL $6,000,000 58,000 SF Dr Daniels Vetranary Services Winter Garden, FL $2,800,000 11,500 SF Dr Qasim Animal Hospital Orlando, FL $100,000 1,500 SF Dr. Daniel’s MOB Ocoee, FL $3,000,000 15,000 SF Dr. Metchick Deland, FL $2,000,000 4,000 SF Dr. Phillips Animal Hospital Orlando, FL $200,000 7,000 SF Eye Dr - Optical Outlets Lady Lake, FL $55,000 1,500 SF Farifield Spa Orlando, FL $375,000 3,000 SF Health Central Hospital - renovations Orlando, FL $1,000,000 25,000 SF Hollywood Memorial Hospital Hollywood, FL $22,000,000 200,000 SF Just Like Home Assisted Living Bradenton, FL $2,000,000 20,000 SF Life Care Nursing Home(4)(Skilled)Montgomery, AL $8,000,000 73,000 SF Manor Care Nursing Home (Skilled)Venice, FL $7,000,000 60,000 SF Orange Blossom Health Orlando, FL $4,000,000 15,000 SF Orange Blossom Health Orlando, FL $3,500,000 13,000 SF Pediatric Health Renovations Orlando, FL $265,000 8,000 SF Shands Hospital ( Misc. projects)Gainesville, FL $15,000,000 73,000 SF Shands Hospital Cancer Center Gainesville, FL $8,000,000 45,000 SF Towncare Dental - Altamonte Springs Altamonte Springs, FL $80,000 1,500 SF Towncare Dental - Clermont Clermont, FL $100,000 3,000 SF Towncare Dental - Webster Ave Orlando, FL $100,000 3,000 SF -• • • 1st Church of Christ Altamonte Springs, FL $150,000 1,500 SF Deltona Community Center Deltona, FL $7,200,000 31,000 SF Great Outdoor Church Addition & Renovations Orange County, FL $600,000 12,000 SF Mt. Olive Church Addition & Renovations Orlando, FL $350,000 6,300 SF St. Augustine Episcopal Church Addition Vero Beach, FL $750,000 4,250 SF YMCA - J Dougals Williams Maitland, FL $480,000 2,000 SF -• • • 1011 Building Orlando, FL $250,000 7,000 SF 60 Wall St.New York, NY $600,000,000 2,000,000 SF All in One Insurance Lady Lake, FL $50,000 1,000 SF Amscot Bank Orlando, FL $670,000 3,800 SF Blue Cloud Surgery Center Orlando, FL $4,000,000 15,000 SF CFE Credit Union Kissimmee, FL $2,000,000 2,000 SF CitiBank (several Branch Offices)Ft. Lauderdale, FL $4,000,000 4,000 SF Clermont Commerce Clermont, FL $6,000,000 110,000 SF Dr Phillips Daycare Orlando, FL $1,000,000 8,700 SF Dr. Daniel’s MOB Ocoee, FL $3,000,000 15,000 SF Galileo School Orlando, FL $10,671,000 60,000 sf GLE Facility Longwood, FL $1,444,000 8,000 SF GLE Office Casselberry, FL $2,000,000 5,000 SF Goodman Office Clermont, FL $2,000,000 30,000 SF HR Block Lady Lake, FL $100,000 2,000 SF Kathleen Wright Office Bldg.Ft. Lauderdale, FL $4,000,000 110,000 SF Orange Blossom Health Orlando, FL $4,000,000 15,000 SF Orlando Science Center Orlando, FL $2,205,000 20,000 SF Orlando Science Charter School Orlando, FL $3,000,000 30,000 SF Prudential Realty Orlando, FL $565,000 10,000 SF Ranger Financial Lady Lake, FL $175,000 2,800 SF Real Living Solutions Orlando, FL $50,000 1,000 SF Sandlake Shops Orlando, FL $3,000,000 20,000 SF Starchild Academy Orlando, FL $2,700,000 20,000 SF Tag Aero Facility Winter Garden, FL $1,200,000 12,000 SF The Learning Experience West Melbourne, FL $2,500,000 10,000 SF University Of Cincinatti Univ. Pavilion Cincinatti, OH $12,000,000 80,000 SF MULLIGAN CONSTRUCTORS KEY PERSONNEL 6 06 CURRENT & PROJECTED WORKLOAD 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 CURRENT & PROJECTED WORKLOAD Mulligan Constructors will have no difficulty of staffing the project from pre-construction through project completion and closeout. All pre-construction services will be performed by Jason Mulligan and Jason Hines, who are office based and handle this phase for all of our projects. The close knit project team consisting of Carl Otto, Senior Project Manager, Dan Lewis, Project Superintendent, Jayson Powell, Assistant Project Manager and Sherry Washington, Administrative Manager will be coming off of the recently completed projects, and will move into their same respective positions on this project. CURRENT PROJECTS PROJECT NAME SF CONTRACT VALUE COMPLETION DATE PERSONNEL Orange County Fire Rescue Training Facility 80,445 SF $39,967,557 9/28/2025 Dan Lewis, Sherry Wash- ington, Justin Mulligan Carl Otto Orange County Fire Station 48 9,232 SF $8,243,501 12/1/2027 Chad Mulligan, Greg Faulkner, Justin Mulligan Winter Garden Fire Station 21 9,815 SF $6,464,275 09/30/2025 Dan Lewis, Sherry Wash-ington, Justin Mulligan Carl Otto Orange County Fire Station 32 11,730 SF $6,957,777 9/26/2025 Chad Mulligan, Greg Faulkner, Justin Mulligan Orange County Senior Center and Innovation Lab 37,000 SF $13,171,040 1/18/2025 Carl Otto, Shawn Anderson, Justin Mulligan TOTAL AMOUNT $68,986,150 30 7 07 APPROACH 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 We understand that the new Fire Station #38 facility will be a new approximately 7,500 sf, 3-bay fire station located on N. Lakewood Ave between 2nd Ave and Banyan Blvd. PROJECT APPROACH Mulligan Constructors possesses a thorough comprehension of the requirements of the New Fire Station project and is committed to dedicating all our efforts to construct this facility to the highest possible standards. MCI has completed 10 fire stations, and are currently building an 11,730 SF stand-alone fire station as well as a $41,000,000 fire training facility which includes a fire station. The following sections will outline how Mulligan Constructors, Inc. (MCI) plans to ensure that the design documents are both constructible and compliant with the given budget, while also providing all necessary information required by The City of Ocoee. The design documents are of utmost importance, as they serve as the blueprint for constructing the project. Therefore, the more precise and accurate the drawings are, the less likelihood there will be of issues and complications during the actual construction process. “To ensure the project goals are achieved, MCI will require weekly project coordination meetings with all key design professionals, key City of Ocoee personnel (including Fire Loss), and any major subcontractors and/or vendors. The purpose of these meetings will be to review and discuss the progress of the design, focusing on product selections, cost of products, long-term maintenance, constructibility, and end-user requirements. MCI’s goal is to ensure a long-lasting, low-maintenance, efficient, and cost-effective project built with great teamwork and pride.” MCI will conduct constructibility reviews as well as a full cost analysis of the design at 30%, 50%, 75%, and 100% design completion. MCI will consistently review internally and externally (subcontractors and vendors) for any potential challenges. Identification of any challenges will be defined, and brainstormed, a solution will be decided, solution will be executed and continually evaluated with the design team until a resolution is gained. We will conduct a thorough cost analysis that includes pricing from all major trades. If there are any cost overruns, we will identify them and provide solutions to ensure that the project stays within the budget. Once we have received all the pricing and completed the 100% set of plans, we will establish a final guaranteed maximum price (GMP). As part of the analysis process, MCI will conduct a financial analysis of the project to ensure that the budget is met and provide value engineering (VE) suggestions. Our goal is for the City of Ocoee to be completely satisfied with our work and feel that we have exceeded their expectations. To achieve this, we have adopted several unique construction approaches that are critical to our success. Precisely delivering the following factors is key to MCI exceeding the owner’s expectations: PRE-CONSTRUCTION: The most impact on the overall project’s success is during this phase: During the pre-construction phase, we focus on maximizing the project’s success. Here’s how we streamline the process: PROJECT MANUAL DEVELOPMENT ASSISTANCE: o Collaborate on developing the project manual. o Create bid forms and associated documents. DETAILED SCOPE DESCRIPTIONS AND TASK LISTS: o Provide comprehensive scope descriptions for each package. o Create detailed task lists with trade breakdown and timing. SEQUENCING AND SCHEDULING: o Sequence tasks effectively. o Develop a submittal schedule. o Identify site logistics. We are proud to assert that we have constructed more Fire Stations in Central Florida in the last five years than any other contractor. 32 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 COMPLIANCE AND MANAGEMENT: o Adhere to the City of Ocoee bidding requirements. o Prepare an overall management plan. o Attending owner and designer meetings. DESIGN REVIEW AND COST CONTROL: o Conduct constructibility reviews. o Offer preliminary cost estimates. o Monitor progress as the design evolves to stay within budget. o Implement value engineering. SITE INVESTIGATIONS AND DOCUMENTATION: o Analyze site conditions. o Provide input on design clarity and defects. o Assist with permitting. DOCUMENT MANAGEMENT AND COMMUNICATION: o Compile all necessary front-end documents. o Create an initial project schedule with input from subcontractors, owners, and vendors. o Establish document controls for contract documents, tracking changes and status. SUBMITTAL AND RFI MANAGEMENT: o Develop a Submittal Log to track shop drawings and submittals. o Initiate the Request for Information (RFI) procedure. o Keep the team informed about RFI status. PERMIT TRACKING: o Maintain a list of all required permits. o Track permit approvals and communicate updates to the team. By streamlining these processes, we ensure efficient project execution and effective communication among all stakeholders. CONSTRUCTION Once a permit is issued and a Notice to Proceed is received, we optimize our processes for efficient construction. Here’s how: INTEGRATED PROJECT MANAGEMENT WITH REDTEAM: o We utilize RedTeam, a cloud-based project management construction software. o Real-time information flow between stakeholders (owner, architect, general contractor, subcontractors, and vendors) eliminates duplicate efforts. o Instant capture of essential project details enhances productivity. COST CONTROLS AND SAFETY: o Establish and maintain cost controls, covering both indirect and direct costs. o Monitor change orders, direct purchasing, bidding, and construction timelines. o Prioritize job site safety. PROCUREMENT AND COORDINATION: o Assist with procurement and selection of owner- supplied items. o Chair Weekly Project Coordination Meetings to discuss progress with the owner, end user, and design team. COMPREHENSIVE CONSTRUCTION SERVICES: o Provide overall management and daily construction activities. o Ensure actual construction aligns with design documents. o Guarantee construction quality. o Address inconsistencies promptly. MASTER SCHEDULE AND MILESTONES: o Derived from the master construction schedule, a two-week schedule shows upcoming activities. o Weekly meetings involve subcontractors and vendors to review and modify the schedule. o Critical milestones ensure timely completion. Our commitment is to deliver a successful project while maintaining quality and adherence to timelines. CLOSEOUT During the closeout phase, we focus on meeting all contract requirements efficiently. Here are the key steps: CONTRACTUAL OBLIGATIONS: o Ensure that all contract requirements are fulfilled. o This includes documentation, approvals, and any outstanding tasks. COMPLETION PHOTOS: o Capture completion photos to document the finished project. o These serve as a visual record for future reference. WARRANTIES AND AS-BUILT DRAWINGS: o Organize and provide warranties for installed components. o Compile as-built drawings reflecting the final construction layout. 33 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 QUALITY CONTROL APPROACH Our quality control is guided by MCI’s Quality Control Plan (QCP). While we can only provide a brief overview here, the full QCP is comprehensive. KEY PRINCIPLES: o Clear Requirements: Define contract document requirements thoroughly. o Accountability: Hold MCI personnel, subcontractors, and vendors accountable. o Detailed Specifications: Specify material, work steps, safety rules, and environmental conditions. o Consistency: Ensure consistent adherence to standards. o Daily Enforcement: Our Superintendent and Project Manager enforce the QCP on-site. o Office Oversight: The Project Executive and Administrative team reinforce compliance. By following these streamlined processes, we maintain quality and meet project expectations. COST ESTIMATING Mulligan Constructors, Inc. (MCI) strongly believes that the cost of a project is one of the most crucial factors for its success. We will work together with the City of Ocoee and the design team to understand the short and long-term building needs. We will incorporate these needs into the project and design strategy, which will be centered around the City of Ocoee’s requirements for all systems, components, and product selections to meet the project goals. To develop accurate cost structures, we will involve major subcontractors and vendors very early in the project. We will review the cost structures with The City of Ocoee and the design team. Normally, the costs are formally developed when the design is 30%, 60%, 90% complete, and at 100% completion. However, we are more than happy to price the project at other intervals during the design process if necessary. Project costing is a collaborative effort between the City of Ocoee, the end user, the design team, subcontractors, and vendors. The main goal is to determine the project cost as early as possible to allow for any necessary modifications to the design if there are items that exceed the budget. This partnership ensures that the project stays within budget and any necessary changes can be made promptly. PUBLIC OUTREACH Effective communication with the public is a vital aspect of every project’s success. It is essential to inform both residents and businesses about any potential impacts on the community. At MCI, we prioritize understanding how construction activities can affect the community, and then we ensure clear and timely communication. We plan to obtain permission from the City of Ocoee to create impact documents that describe the potential impact and timing of the project. We will then deliver these documents by hand to all affected residents and businesses. Additionally, we will organize community meetings where all affected parties will be invited to attend and address their concerns. This way, we can work collaboratively to minimize the potential impacts of the project and achieve successful outcomes. ABILITY TO PERFORM A key strength of the MCI team is building multiple fire stations concurrently. Previously, MCI built Orange County Fire Station #44 and #80 with an overlap in schedule. We also built OC Fire Station #32 and Orange County Fire Training Facility concurrently. As previously mentioned, MCI has a wealth of experience in constructing fire stations, making us the ideal choice for this project. Despite having several ongoing projects, we can easily accommodate this one into our schedule. James Hines and Jason Mulligan will be spearheading the pre-construction work. 34 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 DOCUMENTATION & REPORTING Mulligan Constructors utilizes a complete project management software called RedTeam. RedTeam is an easy-to-use, cloud-based platform built for commercial general contractors to manage projects from start to finish. It helps teams handle everything in one place including bidding, budgeting, scheduling, subcontractor coordination, and document management. RedTeam also keeps office and field teams connected with real-time updates and mobile access through its FieldShare app, making it simple to track progress, submit daily reports, and share photos. 35 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 Scope Potential Savings Added Cost Approved Cost Date Notes Delete Bond (33,000)$(33,000)$ Site Eliminate fill lot #2 except as needed and restore (26,872)$(26,872)$8/24/2016 Delete some L/S around the building Minimal Savings Dr. must direct if he wants anything deleted Revised price for incoming fire line No Charge 8/24/2016 Concrete Delete elevator pit, waterproofing proofing (4,100)$(4,100)$8/24/2016 Delete floor slab in unfinished space. Delete rough-ins for future plumbing fixtures, delete footers (12,100)$(12,100)$8/24/2016 Millwork Delete solid surface countertops and replace with laminate in exam rooms (3,200)$(3,200)$8/24/2016 Delete solid surface sills replace with Drywall (1,357)$(1,357)$8/24/2016 replace with what: DrywallReplace solid surface and integral sink with cultured marble counter and sink at TLT 142A No Change No Change 8/24/2016 Delete upper cabinets at exam rooms (1,340)$(1,340)$8/24/2016 Delete upper cabinets above cages at ICU room (1,160)$(1,160)$8/24/2016 Roofing Use a GAF TPO.60 membrane, alternate roof hatch and Kynar factory finished coping shop fabricated (16,265)$(16,265)$8/24/2016 Delete Solatubes (4,950)$(4,950)$8/24/2016 Glass and Glazing 8/24/2016 Delete one layer of low e coating Silver 20 (4,687)$(4,687)$8/24/2016 Change to standard Closures on #107 (300)$NO 8/24/2016 Not Taken Doors Change doors to rotary cut birch in lieu of rift cut white oak (1,100)$Speak with sub Change door locks and panics mnfg. to Stanley Commercial (2,153)$(2,153)$8/24/2016 Ceiling Change to vinyl tile in surgical rooms only all else standard (5,375)$(5,375)$9/6/2016 Change 2x2 to 2x4 tiles NO Change to Rockfon Medical Tile and Rockfon Alaska tile (1,075)$NO 8/24/2016 Change to Rockfon Alaska tile everywhere (3,275)$NO 8/24/2016 Not Taken Open up specifications on tile and grid NO NO 8/24/2016 Not TakenFlooring Alternate seamless flooring manufacture ie. Plexi-Chemie (2,463)$(2,463)$8/24/2016 Specialties Delete blinds (4,538)$(4,538)$8/24/2016 Owner to install all Owner furnished items (7,500)$(7,500)$8/24/2016 Delete wall protection board and corner guards (16,200)$(16,200)$8/24/2016Delete wall mounted soap dispensers TBD Delete towel rack at shower in Bath 136 NO NO 8/24/2016 Not Taken Plumbing Alternate Fixtures TBD to what extent? Brand name changes are acceptable, sizes need to be the same. Submit cut sheets/model numbers for review Delete scrub sink replace with SS laundry tub (4,873)$(4,873)$8/24/2016 HVAC Look into alternate mnfg.TBD NO 8/24/2016 Not Accepted Eliminate BAS system and VAV’s as well as the boiler and associated pipe and insulation (80,000)$NO 8/24/2016 Not Accepted Electrical Look into alt. mnfg for site lights etc.TBD Delete generator. Keep transfer switch and conduit and gas line to future generator (95,700)$(91,201)$8/24/2016 Alternate fixture package (14,000)$(14,000)$ Confirm with electrical sub that they realize lights are a low voltage system and are not hard wired to each fixture. See Youtube videos of LED system for Lauren Illumination Subtotals (314,583)$(257,334)$ Shared savings cost for the ROW work and all storm work Current estimated value of shared savings work 202,715.00$ 30% will be paid for by the developer 60,814.50$ Credit to Dr. Daniel's 60,814.50$ Original Contract Amount After the Added Electrical Work 3,024,000.00$ Accepted VE Amount (257,333.89)$ Updated Contract Value 2,766,666.11$ Developer Credit 60,814.50$ Sample VE ListSAMPLE VE LIST 41 SAMPLE ELECTRICAL SCOPE SHEET Trade Electrical Sub A Sub B Sub C Div.Scope ALL BID NOTES AND ADENDUMS ARE INCLUDED ALL PERMITS General Conditions Liberty Park 386,645$402,512$470,250$ All Site Electrical included included included Site Lighting w/ Direct Burial Poles included included included Restroom Power included included included Restroom Lighting included included included Lightning Protection included included included Safe Off For Demo included included included Transformer Concrete Pads included included included Primary Conduit Stubbed out 50' From Transformer included included included Temp Power included included included 2" Conduit for Phone to Property Line Per Plans included included included 2" Conduit for TV to Property Line Per Plans included included included The Depot 448,674$464,744$552,000$ All Site Electrical included included included Site Lighting w/ Direct Burial Poles included included included Restroom Power included included included Restroom Lighting included included included Depot Building Electrical included included included Depot Building Lighting included included included Water Tower Lighting included included included Train Station Power included included included Train Station Lighting included included included Lightning Protection included included included Safe Off For Demo included included included Transformer Concrete Pads included included included Primary Conduit Stubbed out 50' From Transformer included included included Temp Power included included included 2" Conduit for Phone to Property Line Per Plans included included included 2" Conduit for TV to Property Line Per Plans included included included Wallace Brooks 282,005$300,205$353,000$ All Site Electrical included included included Site Lighting w/ Direct Burial Poles included included included Safe Off For Demo included included included Transformer Concrete Pads included included included Primary Conduit Stubbed out 50' From Transformer included included included Temp Power included included included 2" Conduit for Phone to Property Line Per Plans included included included 2" Conduit for TV to Property Line Per Plans included included included Subtotal $1,117,324 $1,167,461 $1,375,250 $0 VE/Alternate Revised Subtotal 1,117,324$1,167,461$1,375,250$-$ Bond -$-$-$-$ Tax Per mit Total Bid 1,117,324$1,167,461$1,375,250$-$ Sample 42 SAMPLE VE LIST SAMPLE 36 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 SAMPLE SCOPE SHEET SAMPLE SITE SCOPE SHEET (PAGE 3 OF 3) 1.5" Asphalt SP-9.5 - Standard 1,315 SY 1,291 SY 1,040 SY 1,270 SY 2" Asphalt SP-12.5 - Heavy 3,575 SY 3,632 SY 3,850 SY 3,555 SY Curbs- Onsite and Offsite Y Y Y Type D Curb 2,100 LF Type F Curb 110 LF 74 LF 75 LF 48 LF Valley Gutter 110 LF 137 LF 140 LF 137 LF 6" x 16" Curb 2,084 LF 2,075 lf 2,084 LF Striping & Signage - Onsite Y Y Y Wheel Stops Y MOT Y Y Y Testing Sod Y CERTIFIED AS-BUILTS - THIS SCOPE ONLY Y SUBTOTAL:846,728$ 865,000$ 933,713$ 1,081,345$ VE/Alternate:(19,945)$ DELETE SIDEWALKS REVISED SUBTOTAL:846,728$ 865,000$ 913,768$ 1,081,345$ Bond: Tax: Permit: TOTAL BID:846,728$ 865,000$ 913,768$ 1,081,345$ Alternates EASTCOAST MERCON DEWITT Concrete 4" Sidewalks - Onsite 1,600 SF 3,340 SF Concrete Sidewalk Thickened Edge Turndowns 170 LF Handicap Ramps w/Detection Strips 5 EA 6 EA 12,240$ -$ -$ 28,760$ 45 SAMPLE SITE SCOPE SHEET (PAGE 1 OF 3) SITE WORK Sub A Sub B Sub C Sub D Sample SCOPE OVERVIEW All Bid Notes & Addendums Aknowledged Y Certified As-Builts - MUST HAVE Y Y All Permits Y Y All Testing Y Y Y ROW Work Included Y Y Y All MOT/Traffic Control NO Plans, NO Permit Y Y Night Work Included 10,000$ GENERAL CONDITIONS 46,582$ 36,200$ IN EARTH 130,788$ Mobilization Y Y Y Layout & As-Builts Y Y Y Y Dewatering NO Not Needed DEMOLITION 9,365$ -$ IN EARTH 13,900$ Demo All Demolition Required Demo Curbs Y Y Y Demo Misc.Y Y Y Sawcut Y Y Y EARTHWORK 328,417$ 342,000$ 297,741$ 347,854$ Clearing & Grubbing Y Y Y Erosion Control Y Y Y Silt Fence Y Y Y Temp. Entrance Y Y Y Inlet Protection Y Y Y Tree Protection Y Y Export Export Quantity Import Y Y Y Import Quantity: Per GeoTech 13,300 CY 13,500 CY 16,140 CY 11,160 CY Cut/Balance/Haul Off Excess Y Y Y Build All Pads Y Y Y Grading Y Y Y Grade Complete Site Y Y Y Grade for Sidewalks Before/After Y Y Y Grade for Landscaping Y Y Y Grade & Compact for Concrete Paving Y Y Y Backfill Behind Curbs & Misc.Y Sod Pond Slopes Sod Distrubed Areas - Offsite DOT ROW 7,500$ 7,500$ 7,500$ 7,500$ Dewatering Y All Surveying WATER 27,446$ 106,200$ 267,809$ 57,700$ Open Cut & Patch Y Y Water Service/Connect to Existing Y Y 12" x 8" Tapping Sleeve & Valve Y Y Y Temp. Jumper y Y Y 2" Waterline Y Y Y 8" DIP PR350 Y Y Y 2" RPZ/Backflow Y Y Y Gate Valves Y Y All Connections Y Y Water Meter (Set)Y Y Y Misc. Fittings Y Y Y Reclaimed/Irrigation Y Said NOP 10,000$ Not on plans Stone Bedding Type B Trenching Y Dewatering NO Don’t Need Bac-T's Y Y 43 SAMPLE SITE SCOPE SHEET (PAGE 2 OF 3) Sample/Test Points Y Y Testing/Chlorination Y Y FIRE 89,673$ Y IN WATER 143,900$ Fire Permit Y Y Fire System Design Y Y Connect to Existing Y PVC Piping 4" C900 DR14 Y Y Y 6" C900 DR14 Y Y Y 8" C900 DR14 Y Y Y Hydrants Assemblies Y Y Y Fire Riser Y 6" Riser Y Y Y 8" Riser Y Y Y FDC Y Y Y Bell Rest Y Y Gate Valves Y Y Y 8" DDCV Assembly Y Y Y 8" Post Indicator Valve Y Y Y Misc. Fittings Y Y Y Stone Bedding Type B Y Dewatering Not Needed System Testing Y Y Y Pressure Testing Y Y Bac-T's IRRIGATION TAP & BACKFLOW -$ -$ -$ -$ STORM 110,988$ 107,800$ 111,638$ 137,950$ PVC Piping HDPE Piping RCP Piping Y 15" RCP Y Y Y 19" x 30" ERCP Y Y Y 30" RCP Y Y Y 30" Core & Boot Y Roof Drain System N/A N/A N/A Mitered End Structures w/ Rip Rap Inlets Y Y Y Type F Inlets Y Y Y Inverts Y Manholes Y Y Y Manholes - Adjust Existing Y Y Y Stone Bedding N Clean Out Assemblies Y Y Misc Fittings Y Y Y All Connections Y Y Dewatering Not Needed Y Testing Y Y SANITARY 9,423$ 8,800$ 6,644$ 10,830$ Connect to Existing Y Y Y 6" PVC Piping Y Y Y Cleanout Assemblies Y Y Y Final Connections Y Y Misc. Fittings Y Y Y Stone Bedding Type B Y Dewatering Y Not Needed Testing and Video Y Y Y ASPHALT / HARDSCAPES 207,334$ 256,500$ 241,341$ 220,923$ Asphalt Paving - Onsite Y Y Compacted Subgrade 1,500 SY Stabilized 6,825 SY 4,890 SY 4,825 SY 6" Limerock/Crushed Concrete - Light Duty 1,315 SY 1,040$ 424 TN 8" Limerock/Crushed Concrete - Heavy Duty 3,575 SY 3,850 SY 1,580 TN 44SAMPL E 37 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 SAMPLE FIRE STATION DAILY REPORT SAMPL E PAGE 1 OF 4 38 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 SAMPL E PAGE 4 OF 4 SAMPLE FIRE STATION DAILY REPORT 41 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 SAMPLE SUBMITTAL LOG 5/21/2025 OC HORIZON PARK WEST PHASE 1A SUBMITTAL LOG RETURNED TOSUBCONTRACTOR SPEC SECTION SPEC DESCRIPTION PHASE SUBCONTRACTOR STATUS 03 20 00.00 REINFORCEMENT PARK Grayland Construction 03/01/24 14 02/16/24 14 02/02/24 03/05/24 03/05/24 05/10/24 05/10/24 APPROVED The foundation reinforcing for the shop drawings is approved however the wall reinforcing needs to be corrected and resubmitted. Generally a 8x8 bond beam is shown at the top of the walls instead of 8x16 specified and the vertical wall reinforcing is not lapped 03 20 00.00 WALL REINFORCEMENT R1 PARK Grayland Construction 03/01/24 14 02/16/24 14 02/02/24 05/15/24 05/17/24 05/20/24 05/20/24 APPROVED 03 20 00.00 CONCRETE MIX DESIGNS Civil PARK Grayland Construction 03/01/24 14 02/16/24 14 02/02/24 01/04/24 01/04/24 01/23/24 01/23/24 REVISE 03 30 00.00 CONCRETE MIX DESIGNS Civil R1 PARK Grayland Construction 03/01/24 14 02/16/24 14 02/02/24 02/16/24 02/16/24 06/14/24 06/14/24 APPROVED 03 30 00.00 CONCRETE WORK MIX DESIGNS Building RESTROOM Grayland Construction 03/01/24 14 02/16/24 14 02/02/24 02/29/24 02/29/24 03/05/24 03/05/24 REVISE 03 30 00.00 CONCRETE MIX DESIGNS Building R1 RESTROOM Grayland Construction 03/01/24 14 02/16/24 14 02/02/24 05/15/24 05/17/24 05/21/24 05/21/24 REVISE 03 30 00.00 CONCRETE MIX DESIGNS Building R2 RESTROOM Grayland Construction 03/01/24 14 02/16/24 14 02/02/24 05/22/24 05/22/24 05/23/24 05/23/24 APPROVED 03 30 00.00 CONCRETE WORK PARK Grayland Construction 03/01/24 14 02/16/24 14 02/02/24 01/04/24 01/04/24 01/23/24 01/23/24 REVISE 03 30 00.00 CONCRETE WORK R1 PARK Grayland Construction 03/01/24 14 02/16/24 14 02/02/24 05/28/24 05/28/24 06/11/24 06/11/24 APPROVED 04 22 00.00 CONCRETE UNIT MASONRY RESTROOM Grayland Construction 03/01/24 14 02/16/24 14 02/02/24 01/26/24 01/26/24 02/14/24 02/16/24 APPROVED SUBMIT HORIZONTAL JOINT REINFORCING, GROUT MIX DESIGN, MASONRY WALL REINFORCING SHOP DRAWINGS.NEED CAST IN 04 23 00.00 GLASS UNIT MASONRY RESTROOM 03/01/24 14 02/16/24 14 02/02/24 05/28/24 05/28/24 06/11/24 06/11/24 APPROVED Edge coating color: White 06 16 00.00 HARDIE BOARD PANELING RESTROOM 03/01/24 14 02/16/24 14 02/02/24 5.15.2024 5.15.2024 06/25/24 06/25/24 APPROVED 06 13 26.00 TRUSSES RESTROOM 03/01/24 14 02/16/24 14 02/02/24 02/13/24 02/16/24 03/05/24 03/05/24 REVISE 06 13 26.00 TRUSSES R1 RESTROOM 03/01/24 14 02/16/24 14 02/02/24 3.26.2024 4.1.2024 04/03/24 04/03/24 APPROVED Approved as Noted/Make Corrections 06 13 26.00 TRUSSES/signed and sealed engineering RESTROOM 03/01/24 14 02/16/24 14 02/02/24 05/14/24 05/15/24 05/20/24 05/20/24 APPROVED 06 16 00.00 SHEATHING/FRAMING RESTROOM 03/01/24 14 02/16/24 14 02/02/24 05/14/24 05/15/24 05/20/24 05/20/24 APPROVED 07 21 00.00 FOAM INSULATION RESTROOM 03/01/24 14 02/16/24 14 02/02/24 05/08/24 05/08/24 06/24/24 06/24/24 APPROVED 07 60 00.00 ROOFING RESTROOM 03/01/24 14 02/16/24 14 02/02/24 05/08/24 05/08/24 06/14/24 06/14/24 REJECTED 07 60 00.01 ROOFING R1 RESTROOM 03/01/24 14 02/16/24 14 02/02/24 08/13/24 08/13/24 08/30/24 08/30/24 APPROVED 08 11 13.00 HOLLOW METAL DOORS AND FRAMES RESTROOM 03/01/24 14 02/16/24 14 02/02/24 04/15/24 04/15/24 04/26/24 04/26/24 REVISE 08 11 13.00 HOLLOW METAL DOORS AND FRAMES R1 RESTROOM 03/01/24 14 02/16/24 14 02/02/24 06/13/24 06/13/24 06/24/24 06/24/24 APPROVED 08 33 23.00 OVERHEAD COILING DOOR RESTROOM Overhead Door 03/01/24 14 02/16/24 14 02/02/24 01/26/24 01/26/24 02/21/24 02/21/24 APPROVED 08 71 00.00 DOOR HARDWARE RESTROOM 03/01/24 14 02/16/24 14 02/02/24 04/15/24 04/15/24 04/26/24 04/26/24 REVISE 08 71 00.00 DOOR HARDWARE R1 RESTROOM 03/01/24 14 02/16/24 14 02/02/24 06/13/24 06/13/24 06/24/24 06/24/24 APPROVED 08 91 19.00 FIXED LOUVERS RESTROOM Taylor Mechanical 03/01/24 14 02/16/24 14 02/02/24 01/26/24 01/26/24 02/23/24 02/23/24 APPROVED 09 30 13.00 CERAMIC TILING RESTROOM 03/01/24 14 02/16/24 14 02/02/24 01/26/24 01/26/24 02/21/24 02/21/24 REVISE 09 30 13.00 CERAMIC TILING R1 RESTROOM 03/01/24 14 02/16/24 14 02/02/24 03/19/24 03/19/24 05/07/24 05/07/24 APPROVED 09 90 00.00 DOORS AND FRAMES PAINT RESTROOM 03/01/24 14 02/16/24 14 02/02/24 05/08/24 05/08/24 05/15/24 05/15/24 REVISE 09 90 00.00 DOORS AND FRAMES PAINT R1 RESTROOM 03/01/24 14 02/16/24 14 02/02/24 05/08/24 05/08/24 06/14/24 06/14/24 APPROVED 09 91 13.00 EXTERIOR PAINTING RESTROOM 03/01/24 14 02/16/24 14 02/02/24 05/08/24 05/08/24 05/15/24 05/15/24 REVISE 09 91 13.00 EXTERIOR PAINTING R1 RESTROOM 03/01/24 14 02/16/24 14 02/02/24 05/08/24 05/08/24 06/18/24 REJECTED 09 91 13.00 EXTERIOR PAINTING R2 RESTROOM 03/02/24 14 02/17/24 14 02/03/24 08/09/24 08/09/24 09/11/24 09/11/24 APPROVED 09 91 23.00 INTERIOR PAINTING RESTROOM 03/01/24 14 02/16/24 14 02/02/24 05/08/24 05/08/24 05/15/24 05/15/24 REVISE 09 91 23.00 INTERIOR PAINTING R1 RESTROOM 03/01/24 14 02/16/24 14 02/02/24 05/08/24 05/08/24 06/14/24 06/14/24 APPROVED 10 14 00.00 SIGNAGE RESTROOM 03/01/24 14 02/16/24 14 02/02/24 06/26/24 06/26/24 07/09/24 07/09/24 REVISE 10 14 00.01 SIGNAGE REV 1 RESTROOM 03/02/24 14 02/17/24 14 02/03/24 08/12/24 08/12/24 08/19/24 08/20/24 10 14 00.02 SIGNAGE REV 2 RESTROOM 03/03/24 14 02/18/24 14 02/03/24 08/30/24 08/30/24 09/11/24 09/11/24 APPROVED 10 14 10 FRONT ENTRANCE SIGNAGE PARK 03/02/24 14 02/17/24 14 02/03/24 10/24/24 10/25/24 02/03/05 02/04/05 APPROVED 10 22 00.00 PLASTIC TOILET COMPARTMENTS RESTROOM 03/01/24 14 02/16/24 14 02/02/24 05/22/24 05/24/24 06/07/24 06/07/24 REVISE 10 22 00.01 PLASTIC TOILET COMPARTMENTS R1 RESTROOM 03/01/24 14 02/16/24 14 02/02/24 07/17/24 07/17/24 07/19/24 07/19/24 13 10 28 13.00 TOILET AND BATH ACCESSORIES RESTROOM 03/01/24 14 02/16/24 14 02/02/24 05/22/24 05/24/24 06/07/24 06/07/24 APPROVED 10 44 00.00 FIRE PROTECTION RESTROOM 03/01/24 14 02/16/24 14 02/02/24 05/22/24 05/24/24 06/11/24 06/11/24 APPROVED Confirm if signage is acceptable to owner/Coordinate location with owner 11 68 13.00 PLAYGROUND EQUIPMENT PARK Kompan 06/27/24 189 12/21/23 14 12/07/23 01/05/24 01/05/24 02/05/24 02/05/24 REVISE 11 68 13.00 PLAYGROUND EQUIPMENT R1 PARK Kompan 06/27/24 189 12/21/23 14 12/07/23 02/07/27 02/08/24 02/13/24 02/13/24 APPROVED 11 68 13.00 PLAYGROUND EQUIPMENT COLOR SELECTIONS PARK Kompan 06/27/24 189 12/21/23 14 12/07/23 01/05/24 01/05/24 02/01/24 02/01/24 APPROVED 11 68 13.00 PLAYGROUND EQUIPMENT (signed playground sign panel)PARK Kompan 06/27/24 189 12/21/23 14 12/07/23 01/05/24 01/05/24 02/21/24 02/21/24 APPROVED 13 10 00.00 SHADE STRUCTURE PARK TOPLINE 06/27/24 84 04/04/24 14 03/21/24 02/29/24 03/01/24 05/23/24 05/23/24 APPROVED 13 10 10.00 SHADE SYSTEMS PARK TOPLINE 06/28/24 84 04/05/24 14 03/22/24 06/27/24 06/27/24 07/31/24 07/31/24 APPROVED 13 10 00.00 SHADE STRUCTURE R1 PARK TOPLINE 06/27/24 84 04/04/24 14 03/21/24 05/17/24 05/28/24 06/13/24 06/13/24 APPROVED 13 34 00.00 PAVILIONS PARK RCP Shelters 06/27/24 112 03/07/24 14 02/22/24 01/05/24 01/05/24 01/31/24 01/31/24 REVISE 13 34 00.00 PAVILIONS R1 PARK RCP Shelters 06/27/24 112 03/07/24 14 02/22/24 02/15/24 02/16/24 05/07/24 05/07/24 REVISE 13 34 00.00 PAVILIONS R2 PARK RCP Shelters 06/27/24 112 03/07/24 14 02/22/24 05/22/24 05/23/24 REVISE 13 34 00.00 PAVILIONS R3 PARK RCP Shelters 06/28/24 112 03/08/24 14 02/23/24 08/14/24 08/14/24 08/16/24 08/16/24 APPROVED 22 40 00.00 PLUMBING FIXTURES/Partial approved RESTROOM 03/01/24 14 02/16/24 14 02/02/24 03/01/24 03/01/24 04/02/24 04/02/24 REVISE Partial/WC-1, WC-2, UR-1/UR-2, TMV-1, MS-1, IEWH-1, Access Panel: 12” x 12”, Trap Primer 22 40 00.00 PLUMBING FIXTURES R1 Partial approved RESTROOM 03/01/24 14 02/16/24 14 02/02/24 05/20/24 05/24/24 06/07/24 06/07/24 REVISE Partial approved 22 40 00.00 PLUMBING FIXTURES R2 and Piping Complete submittal of 1&2 RESTROOM 03/01/24 14 02/16/24 14 02/02/24 06/12/24 06/12/24 06/27/24 06/27/24 APPROVED 22 40 00.00 Complete Restroom Package RESTROOM 03/02/24 14 02/17/24 14 02/03/24 08/06/24 08/06/24 08/20/24 08/20/24 APPROVED 22 47 00.00 DRINKING FOUNTAINS AND WATER COOLERS RESTROOM 03/01/24 14 02/16/24 14 02/02/24 05/20/24 05/24/24 06/07/24 06/07/24 APPROVED 23 05 29.00 HANGERS AND SUPPORTS FOR HVAC PIPING AND EQUIPMENT RESTROOM 03/01/24 14 02/16/24 14 02/02/24 05/10/24 05/10/24 06/06/24 06/06/24 APPROVED 23 05 53.00 IDENTIFICATION FOR HVAC PIPING AND EQUIPMENT RESTROOM 03/01/24 14 02/16/24 14 02/02/24 05/10/24 05/10/24 06/06/24 06/06/24 APPROVED 23 31 13.00 METAL DUCTS/ Partial RESTROOM 03/01/24 14 02/16/24 14 02/02/24 05/10/24 05/10/24 06/06/24 06/06/24 APPROVED 23 31 13.00 METAL DUCTS R1 RESTROOM 03/01/24 14 02/16/24 14 02/02/24 06/06/24 06/28/24 07/03/24 07/03/24 APPROVED 23 33 00.00 AIR DUCT ACCESSORIES RESTROOM 03/01/24 14 02/16/24 14 02/02/24 05/10/24 05/10/24 06/06/24 06/06/24 APPROVED 23 34 23.00 HVAC FAN & GRAVITY VENTILATORS RESTROOM Taylor Mechanical 03/01/24 14 02/16/24 14 02/02/24 01/26/24 01/26/24 02/23/24 02/23/24 APPROVED 23 37 13.00 HVAC GRILLES RESTROOM Taylor Mechanical 03/01/24 14 02/16/24 14 02/02/24 01/26/24 01/26/24 02/23/24 02/23/24 APPROVED 26 27 43.00 ELECTRIC-VEHICLE SERVICE EQUIPMENT - AC LEVEL 1 AND LEVEL 2 PARK TSI 03/01/24 14 02/16/24 14 02/02/24 02/27/24 02/27/24 04/08/24 04/08/24 REJECTED The project's owner has stated that this project is not to receive any EV Chargers 26 51 00.00 INTERIOR LIGHT FIXTURES RESTROOM RESTROOM TSI 06/27/24 42 05/16/24 14 05/02/24 01/26/24 01/26/24 02/16/24 02/16/24 REVISE 26 51 00.00 INTERIOR LIGHT FIXTURES RESTROOM R1 RESTROOM TSI 06/27/24 42 05/16/24 14 05/02/24 05/06/24 05/14/24 06/25/24 06/25/24 REVISE 26 51 00.00 INTERIOR LIGHT FIXTURES RESTROOM R2 RESTROOM TSI 06/27/24 42 05/16/24 14 05/02/24 07/15/24 08/13/24 08/22/24 08/22/24 APPROVED 26 56 00.00 EXTERIOR LIGHTING SITE PARK 06/27/24 42 05/16/24 14 05/02/24 01/09/24 01/09/24 01/26/24 01/26/24 REVISE 26 56 00.00 EXTERIOR LIGHTING SITE R1 PARK 06/27/24 42 05/16/24 14 05/02/24 03/18/24 03/19/24 05/07/24 05/07/24 REVISE 26 56 00.00 EXTERIOR LIGHTING SITE R2 PARK 06/27/24 42 05/16/24 14 05/02/24 03/18/24 03/19/24 06/05/24 06/05/24 REJECTED Revised and Resubmit 26 56 00.00 EXTERIOR LIGHTING SITE R3 PARK 06/28/24 43 05/16/24 15 05/01/24 07/11/24 07/12/24 08/12/24 08/12/24 APPROVED SUBMITTED 26 56 00.00 EXTERIOR LIGHTING SITE Calcs and Shops PARK 06/27/24 42 05/16/24 14 05/02/24 07/11/24 07/12/24 08/12/24 08/12/24 APPROVED 26 56 19.00 LED EXTERIOR LIGHTING and POLES PARK 06/27/24 112 03/07/24 14 02/22/24 01/09/24 01/09/24 01/26/24 01/26/24 REVISE 26 56 19.01 LED EXTERIOR LIGHTING and POLES REV 1 PARK 06/28/24 112 03/08/24 14 02/23/24 07/12/24 07/12/24 08/12/24 08/12/24 APPROVED 26 56 20.01 Light Poles Wind Calculations PARK 06/29/24 112 03/09/24 14 02/24/24 08/22/24 08/22/24 09/03/24 09/04/24 APPROVED 32 11 00.00 WALL REINFORCEMENT R1 PARK 03/01/24 14 02/16/24 14 02/02/24 01/04/24 01/09/24 01/23/24 01/23/24 APPROVED 32 12 16.00 ASPHALT PAVING PARK 03/01/24 14 02/16/24 14 02/02/24 11/25/24 11/25/24 12/05/25 12/05/25 APPROVED 32 13 13.00 CONCRETE PAVING PARK 03/01/24 14 02/16/24 14 02/02/24 11/25/24 11/25/24 12/06/25 12/06/25 APPROVED 32 13 73.00 CONCRETE PAVING JOINT SEALANTS PARK 03/01/24 14 02/16/24 14 02/02/24 10/26/24 10/26/24 32 17 13.00 PARKING BUMPERS PARK 03/01/24 14 02/16/24 14 02/02/24 32 17 23.00 PAVEMENT MARKINGS & TACTILE WARNING SURFACES PARK 03/01/24 14 02/16/24 14 02/02/24 32 18 16.00 PLAYGROUND SAFETY SURFACING PARK 03/01/24 14 02/16/24 14 02/02/24 02/29/24 03/01/24 04/19/24 04/19/24 REVISE 32 18 16.00 PLAYGROUND SAFETY SURFACING PARK 03/01/24 14 02/16/24 14 02/02/24 04/19/24 04/19/24 05/09/24 05/09/24 APPROVED 32 31 13.00 CHAIN LINK FENCES AND GATES PARK Accurate Fence 03/01/24 14 02/16/24 14 02/02/24 01/05/24 01/05/24 01/31/24 01/31/24 REVISE 32 31 13.10 FENCES AND GATES R1 PARK Accurate Fence 03/01/24 14 02/16/24 14 02/02/24 04/12/24 04/12/24 06/05/24 06/05/24 APPROVED 32 31 13.00 CHAIN LINK FENCES AND GATES R1 PARK Accurate Fence 03/01/24 14 02/16/24 14 02/02/24 04/12/24 04/12/24 06/05/24 06/05/24 APPROVED 32 33 43.00 HARDSCAPES/ Pilot Rock PARK Pilot Rock 03/01/24 14 02/16/24 14 02/02/24 01/05/24 01/05/24 REVISE 32 33 43.00 HARDSCAPES/ Pilot Rock R1 PARK Pilot Rock 03/01/24 14 02/16/24 14 02/02/24 06/13/24 06/14/24 06/28/24 06/28/24 APPROVED 32 80 00 Irrigation GARTH 03/02/24 14 11/28/24 14 11/14/24 11/13/24 11/13/24 12/05/25 12/05/25 APPROVED 33 11 00.00 FACILITY WATER DISTRIBUTION PIPING PARK 03/01/24 14 02/16/24 14 02/02/24 06/19/24 06/24/24 07/01/24 07/01/24 APPROVED 33 10 10 Irrigation Pump PARK Garth 03/02/24 14 02/17/24 14 02/03/24 10/01/24 10/01/24 10/19/24 10/19/24 REJECTED 34 10 10.01 Irrigation Pump PARK Garth 03/03/24 14 02/18/24 02/17/24 33 11 01.00 RECLAIM PARK 03/01/24 14 02/16/24 14 02/18/24 06/19/24 06/24/24 07/01/24 07/01/24 APPROVED 33 31 00.00 FACILITY SANITARY SEWERS PARK 03/01/24 14 02/16/24 14 02/02/24 01/04/24 01/09/24 01/23/24 01/23/24 APPROVED 33 31 01.00 FORCEMAIN PARK 03/02/24 14 02/17/24 14 02/03/24 06/19/24 06/24/24 07/01/24 07/01/24 APPROVED 33 32 13.00 FACILITY PACKAGED SEWAGE PUMPING STATIONS PARK 03/01/24 14 02/16/24 14 02/02/24 03/01/24 03/01/24 06/24/24 06/24/24 REJECTED 33 32 13.01 Lift Station : Waiting on FDEP permit to resubmit PARK 03/02/24 60 01/02/24 14 12/19/23 07/29/24 07/29/24 REJECTED 33 32 13.02 Lift Station : Waiting on FDEP permit to resubmit PARK Valencia construction 03/03/24 60 01/03/24 14 12/20/23 09/10/24 09/10/24 10/15/24 10/16/24 APPROVED SUBMITTAL SUBMITTED SUBMITTAL RETURNED RETURNED TO SUBCONTRACTOR REQUIRED DELIVERY LEADTIME FAB/DELIVERY REQUIRED APPROVAL REVIEW PERIOD REQUIRED SUBMITTAL DATE SUBMITTAL RECEIVED MULLIGAN CONSTRUCTORS, INC SAMPL E 42 8 08 LICENSES / INSURANCE / BONDING 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 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 MULLIGAN, JASON EDWARD Do not alter this document in any form. MULLIGAN CONSTRUCTORS INC LICENSE NUMBER: CGC1510462 EXPIRATION DATE: AUGUST 31, 2026 This is your license. It is unlawful for anyone other than the licensee to use this document. 1027 W LANCASTER ROAD ORLANDO FL 32809 Always verify licenses online at MyFloridaLicense.com ISSUED: 07/29/2024 LICENSE 44 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 INSURANCE ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A(Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 12/6/2024 (407) 998-5516 (321) 214-6407 33600 Mulligan Constructors, Inc.1027 W. Lancaster Rd Orlando, FL 32809 42404 23035 A 1,000,000 X TB5Z51294747-034 11/29/2024 11/29/2025 100,000 5,000 1,000,000 2,000,000 2,000,000 Total Aggregate 15,000,000 1,000,000A AS5Z51294747-024 11/29/2024 11/29/2025 5,000,000B TH7-Z51-294747-044 11/29/2024 11/29/2025 5,000,000 10,000 C WC2Z51294747-014 11/29/2024 11/29/2025 1,000,000N1,000,000 1,000,000 RFQ 24-069 - Construction Management At-Risk for Fire Station 2 City of Clermont is Additional Insured under the General Liability coverage when required by written contract and subject to the terms and conditions of the policy. All 30-Day notice of cancellation applies to City of Clermont for General Liability, Automobile Liability, and Employers Liability. City of Ocoee 1 N Bluford Ave Ocoee, FL 34761 MULLCON-01 SIDESC Insurance Office of America1855 West State Road 434Longwood, FL 32750 Kristy Kohns Kristy.Kohns@ioausa.com LM Insurance Corporation Liberty Insurance Corporation Liberty Mutual Fire Insurance Company X X X X X X X X X X 45 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 _______________________________________________________________________________ MATSON-CHARLTON SURETY GROUP 700 South Dixie Highway, Suite 100 • Coral Gables, FL 33146 Phone: 305.662.3852 • Fax: 305.661.9948 NASBP Member May 21, 2025 MULLIGAN CONSTRUCTORS, INC. 1027 West Lancaster Road Orlando, FL 32809 RE: LETTER OF BONDABILITY To Whom It May Concern: Mulligan Constructors, Inc. is a highly valued client of The Ohio Casualty Insurance Company (a Liberty Mutual Company) and Matson-Charlton Surety Group. We hold its management in the highest regard. We have had the privilege of providing Mulligan Constructors, Inc., with a bonding capacity of $50,000,000 for a single job and $100,000,000 aggregate program. Naturally, we reserve the right to underwrite each surety obligation individually at the time bid or performance and payment bonds are required. We also expect that the execution of any performance and payment bonds would be subject to a review and acceptance of contract, project financing, and bond forms by our client and their surety. We confirm that The Ohio Casualty Insurance Company has a Best Rating of A (XV), and is licensed to conduct business in the State of Florida. In addition, it is listed with the United States Department of Treasury’s Listing of approved sureties. If you should need further assurances on our fine client, please contact our office. Sincerely, John W. Charlton BONDING LETTER 46 09 09 DRUG FREE WORKPLACE STATEMENT 1027 W LANCASTER ROAD - ORLANDO, FL 32809 • MULLIGANCONSTRUCTORS.COM • 407.654.6523 DRUG FREE WORKPLACE STATEMENT At MCI, safety is our highest priority. To protect our employees, clients, and the communities we serve, we maintain a strict drug-free workplace policy. The use, possession, distribution, or sale of illegal drugs or misuse of controlled substances is prohibited. We conduct pre-employment, random, and project-specific drug testing as required, and all employees are expected to comply with this standard. By fostering a safe, healthy, and drug-free environment, we ensure that every project is delivered with the highest levels of professionalism, quality, and care. 48 1027 W LANCASTER ROAD - ORLANDO, FL 32809 MULLIGANCONSTRUCTORS.COM 407.654.6523 CGC1510462 • CGC1510464 THANKYOU CITY OF OCOEE REQUEST FOR QUALIFICATIONS (RFQ) #25-009 CONSTRUCTION MANAGER AT RISK (CMAR) FOR THE NEW OCOEE FIRE STATION #38 FACILITY TOC RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility TABLE OF CONTENTS RFQ #25-009 CONSTRUCTION MANAGER AT RISK (CMAR) FOR THE NEW OCOEE FIRE STATION #38 FACILITY RFQ DOCUMENTS Section Page Legal Advertisement 3 RFQ Instructions & General Terms & Conditions 4 – 23 Summary of Litigation, Addenda, Exceptions, References* 22-23 Forms Conflict of Interest Disclosure Form* 24 Confidential Disclosure Agreement* 25-26 Company Information and Signature Sheet* 27 Drug-Free Workplace Certification* 28 Certification of Non-segregated Facilities* 29 Certification Regarding Scrutinized Companies’ Lists* 30 Human Trafficking Affidavit* 31 Company Not an Entity of Foreign Country of Concern* 32 Contractor’s E-Verify Affidavit* 33 Performance Bond 34-35 Payment Bond 36-37 Attachments Attachment “1” – Conceptual Floor Plan (1 page) 38 Attachment “2” – Conceptual Site Plan (1 page) 39 Attachment “3” – Proposed Design Schedule (1 page) 40 Attachment “4” – Proposed CMAR Agreement including Exhibits 41 *Submit with Qualification Package End Table of Contents RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 3 Request for Qualifications, Legal Advertisement The City of Ocoee, Florida, (the “City”) is soliciting sealed statements of qualifications for RFQ #25-009 Construction Manager at Risk for the New Ocoee Fire Station #38 Facility. Qualification Packages will only be accepted electronically through Euna Procurement f/k/a Bonfire, a free e-Procurement platform, until 2:00 pm, local time, on September 30, 2025. 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 will be publicly opened, virtually online and the name of the responding firms read aloud at that time; instructions will be provided at https://www.ocoee.org/959/Public-Bid-Meetings. A Pre-Submittal conference is not scheduled at this time. All questions regarding this RFQ shall be in writing and directed to Shannon Hopper, CPPB, Purchasing Technician, II, at shopper@ocoee.org AND Alexis Chentouf, Purchasing Technician, at achentouf@ocoee.org, or through the project file on Euna Procurement. Prospective respondents may secure a copy of the documents required for submitting a qualification package at no charge through the Euna Procurement 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 Euna Procurement Platform. Melanie Sibbitt, City Clerk, Orlando Sentinel, August 31, 2025. RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 4 CITY OF OCOEE REQUEST FOR QUALIFICATIONS “RFQ” #25-009 CONSTRUCTION MANAGER-AT-RISK FOR THE NEW OCOEE FIRE STATION #38 FACILITY A. INTRODUCTION AND GENERAL INSTRUCTIONS 1. The City of Ocoee, Florida, in conformance with the Consultants’ Competitive Negotiations Act (CCNA), Florida Statutes Section 287.055, et seq., and Florida Statutes Section 255.103, Construction Management or Program Management Entities, et seq., and the policies and procedures of the City of Ocoee (City), is soliciting sealed statements of qualifications from qualified Construction Manager at Risk firms (CMAR) that will be responsible for construction administration and general contracting services resulting in successful, timely, and economic completion of the City’s Fire Station #38 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 CMAR services for projects of a scope and nature comparable to those described. The construction management entity must have the ability to secure an appropriate surety bond pursuant to s. 255.05, and in conformance with City requirements, and must hold construction subcontracts. Use of qualified subcontractors for specialty work is acceptable. To be considered, the firm or individual shall be a licensed professional in accordance with Florida State law and be familiar with all applicable State of Florida, St. Johns River Water Management District, Orange County, and City of Ocoee codes, regulations, and laws. Respondents are to 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 Euna Procurement 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 Euna Procurement platform; there is no charge to use Euna Procurement. Partial sets of documents required for submitting a statement of qualifications will not be issued. RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 5 4. The City ONLY accepts electronic solicitation responses online through the City’s Euna Procurement platform (f/k/a Bonfire) 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 Euna Procurement 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 Euna Procurement 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 Euna Procurement Support Desk by emailing support.bonfire@eunasolutions.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 Euna Procurement, 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 Euna Procurement platform and an email from Euna Procurement confirming the submission. Bids submitted on the Euna Procurement 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 Euna Procurement once available and will also be posted on the City’s website at https://www.ocoee.org/959/Public-Bid-Meetings. 5. Pre-Submittal Conference: Not scheduled at this time. 6. Deadline for Receipt of Questions: The City will receive questions regarding this RFQ only through written inquiries directed to Shannon Hopper, CPPB, Purchasing Technician, II, at shopper@ocoee.org with a copy to Alexis Chentouf, Purchasing Technician, at achentouf@ocoee.org, or through the project file on Euna Procurement. The deadline for receipt of questions is September 23, 2025, 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 Purchasing and posted on Euna Procurement. 7. 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. RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 6 8. 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 CMAR and key staff/project team proposing to perform the work. Qualification packages should be limited to a total of fifty (50) 8.5”x 11” pages (required forms are excluded from page count), single-sided, portrait orientation, 12-point font if possible. Additional requirements are included in the Submittals section of this RFQ. 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. 9. Submission Deadline: Respondents shall submit one (1) complete electronic copy of their qualification package on the Euna Procurement Platform. Qualification packages must be received by Euna Procurement no later than 2:00 p.m., local time, on September 30, 2025. A virtual public bid opening will be held at approximately 2:01 p.m. or as soon thereafter as possible. Any attempt to submit a qualification package 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 Euna Procurement Platform prior to the due date and time. 10. 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. 11. All applicable laws and regulations of the United States, the State of Florida, and the City of Ocoee will apply to any resulting Agreement. The provisions of the Consultant’s Competitive Negotiations Act (Section 287.055, Florida State Statutes) and the provisions of Section 255.103, Florida State Statutes shall apply, where applicable. 12. 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. 13. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME): A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on an award to provide any goods or services to a public entity, may not submit a proposal on an award with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under a award with any public entity, and may not transact business with any public entity in excess of the threshold RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 7 amount provided in section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [See Florida Statute 287.133 (2) (a).] 14. 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. 15. PUBLIC RECORDS COMPLIANCE. The City of Ocoee (City) is a public agency subject to Chapter 119, Florida Statutes. Contractor agrees to comply with Florida’s Public Records Law. Specifically, Contractor shall: 1. Keep and maintain public records required by City to perform the service. 2. Upon request from the City’s custodian of public records, provide 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 Contractor does not transfer the records to City. 4. Upon completion of the contract, Contractor agrees to transfer at no cost to City all public records in possession of Contractor or keep and maintain public records required by City to perform the service. If Contractor transfers all public record to City upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the contract, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to City, upon request from City’s custodian of public records, in a format that is compatible with the information technology systems of 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 407-905-3105, CCDL@OCOEE.ORG, WITH AN OFFICE LOCATED AT 1 N. BLUFORD AVENUE, OCOEE, FLORIDA 34761. RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 8 16. PATENT INDEMNITY: Except as otherwise provided, the successful respondent agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses for infringement upon any letters patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the City or supplies furnished or construction work performed hereunder, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Respondent and persons employed or utilized by the Respondent in the performance of the construction contract. Further, the Respondent shall fully indemnify, defend, and hold harmless the City and its officers, agents, and employees from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, unpatented invention, or intellectual property right. If the Respondent uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the bid price shall include all royalties or cost arising from the use of such design, device, or materials. 17. The City reserves the right to accept or reject any or all proposals, to waive formalities, technicalities or irregularities, to request clarification of information submitted in any proposal, or to re-advertise for new proposals. The City may accept any item or group of items of any proposal, unless the Respondent qualifies its proposal by specific limitations. The City may accept one or more proposals if, in the City’s discretion, the City determines that it is in the City’s best interest to do so. The City reserves the right to award the contract to the Respondent which, in the City’s sole discretion, is the most responsive and responsible Respondent The City reserves the right, as an aid in determining which proposal is responsible, to require a Respondent to submit such additional evidence of Respondent’s qualifications as the City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of a Respondent, including past performance (experience) with the City and others. The City Commission shall be the final authority in the selection of any and all proposals. 18. Competitively Bid Self-Performed Work If Construction Manager chooses to submit its own bid to perform a certain portion of the Work, Construction Manager shall provide advance notice to Owner and use commercially reasonable efforts to solicit and disclose to Owner a minimum of three (3) competitive and obtainable subcontractor bids (two (2) of which shall be local subcontractors) obtained after Construction Manager submits its bid to Owner in good faith that will be equitably compared with Construction Manager’s dollar amount for the same scope of Work to allow Owner to determine which would be in the Owner’s best interests, unless a different process is mutually agreed upon by Owner and Construction Manager. Should a minimum of three (3) competitive bids not be achieved, the Owner may reject the Construction Manager’s bid or the Construction Manager at the Owner’s option may self-perform the scope of Work under a GMP not- to-exceed amount equal to the Construction Manager’s bid. Construction Manager’s bid amount shall be submitted to Owner no later than the day before the Subcontractor bids are disclosed to Construction Manager and/or Owner. In connection with RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 9 determining which bid is in the Owner’s best interests, after receipt of all bids, but before making a decision on which bid will be accepted, Owner will discuss with Construction Manager the impact of accepting each such bid on the project schedule, the project cost, and the Construction Manager’s business model. 19. 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. 20. 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 above 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.) 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. Submit attached form with Proposal. Respondent further declares that a careful examination of the Scope of Services, instructions, and terms and conditions of this bid has occurred, and that the bid is made according to the provisions of the bid documents, and will meet or exceed the scope of services, requirements, and standards contained in the Bid documents. Respondent agrees to abide by all conditions of the negotiation process. In conducting negotiations with the City, Respondent offers and agrees that if this negotiation is accepted, 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 RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 10 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. 21. DRUG-FREE WORKPLACE: Provide a statement concerning Respondent’s status as a Drug-Free Workplace or evidence of an implemented drug-free workplace program. Submit attached form with Proposal. 22. CERTIFICATION OF NON-SEGREGATED FACILITIES: Respondent certifies that Respondent does not and will not maintain or provide for Respondent’s employees any segregated facilities at any of Respondent’s establishments and that Respondent does not permit Respondent’s employees to perform their services at any location, under Respondent’s control, where segregated facilities are maintained. 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. Respondent agrees that (except where Respondent has obtained identical certification from proposed contractors for specific time periods) Respondent will obtain identical certifications from proposed subcontractors prior to the award of such contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that Respondent will retain such certifications in Respondent’s files. Submit attached form with Proposal. 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. 23. PUBLIC ENTITY CRIME STATEMENT: All invitations to bid, requests for proposals, and invitations to negotiate, as defined in s. 287.012, and any contract document described by s. 287.058 shall contain a statement informing persons of the provisions of (2)(a) of Section 287.133, Florida Statutes, which reads as follows: “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 publ ic entity for the construction or repair of 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 36 months from the date of being placed on the convicted vendor list.” All Respondents that submit a Proposal or a Bid to the City of Ocoee guarantee they RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 11 have read the above statement and by signing the submitted documents are qualified to do so under Section 287.133 (2)(a), Florida Statutes. 24. SCRUTINIZED COMPANIES: Respondent certifies that the company is not participating in a boycott of Israel. Respondent certifies that the Respondent 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 Respondent is unable to provide such certification but still seeks to be considered for award of this solicitation, Respondent 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. Respondent 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 Respondent 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. Submit attached form with Proposal. 25. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING: Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests. 26. HUMAN TRAFFICKING: Pursuant to Florida Statute, §787.06(13), when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in §787.06(2)(a) Florida Statutes. Submit attached affidavit with Proposal. 27. FOREIGN COUNTRIES OF CONCERN: Pursuant to Florida Statute 287.138(4)(a), a governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which would grant the entity access to an individual’s personal identifying information unless the entity provides the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in Florida Statute 287.138(2)(a)-(c). Submit attached affidavit with Proposal. RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 12 28. E-VERIFY REGISTRATION AND USE: By entering into the Contract, the awarded Contractor is obligated to comply with the provisions of § 448.095, Fla. Stat., "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. If the Contract is terminated pursuant to Section 448.095, Fla. Stat., such termination is not a breach of contract and may not be considered as such. Any challenge to termination under this provision must be filed in the Ninth Judicial Circuit Court of Florida no later than 20 calendar days after the date of termination. If the Contract is terminated for a violation of Section 448.095 Fla. Stat., by the Contractor, the Contractor shall be liable for any additional costs incurred by the City as a result of the termination of the Contract. Nothing in the E-Verify Certification shall be construed to allow intentional discrimination of any class protected by law. A. Pursuant to section 448.095, Florida Statutes, Contractor shall register with and use the U.S. Department of Homeland Security's E-Verify system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all Contractor employees hired on and after January 1, 2021. B. Subcontractors (i) Contractor shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement. (ii) Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. (iii) Contractor shall maintain a copy of all subcontractor affidavits for the duration of the Agreement. C. Contractor must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify. D. Failure to comply with this provision is a material breach of the Agreement, and shall result in the immediate termination of the Agreement without penalty to the City. Contractor shall be liable for all costs incurred by the City to secure a replacement Agreement, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. Submit attached affidavit with Proposal. RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 13 29. 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 expects the CMAR to administer an Owner Direct Purchase program to save applicable taxes. 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. 30. 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 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 RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 14 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. 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 Chapter 440, Florida Statutes. 1. Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor and/or subcontractor providing such insurance. 2. Workers’ Compensation Insurance: The Contractor shall obtain during the life of this Agreement, Worker’s Compensation Insurance with Employer’s Liability Limits of $500,000/$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. RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 15 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. 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: • $5,000,000 Builders Risk: • $5,000,000 9. Certificates of Insurance: Certificate of Insurance Form (see sample on following page), naming the City of Ocoee as an additional insured will be furnished by the Contractor RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 16 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 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. Note: Certificate Holder section on COI is to be listed as follows: City of Ocoee 1 N. Bluford Avenue Ocoee, FL 34761 RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 17 C. SCOPE OF SERVICES The CMAR 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 design phase estimate and preparation 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 CMAR's option and with City approval), coordination with private and public utilities, securing of all required local construction permits (there is no cost for City-issued permits), and administration of an Owner-Direct Purchase program to save applicable taxes. CITY OF OCOEE, FLORIDA REQUEST FOR QUALIFICATIONS (RFQ) # 25-009 CONSTRUCTION MANAGER-AT-RISK FOR THE NEW OCOEE FIRE STATION #38 FACILITY The City of Ocoee is seeking the services of firms interested in providing Construction Manager services for the new Ocoee Fire Station #38 Facility. The new Fire Station #38 facility will be a new approximately 7,500 sf, 3-bay fire station located on N. Lakewood Ave between 2nd Ave and Banyan Blvd. The City has retained JL2 Architecture, LLC to prepare the design and construction documents for this project. The estimated budget for this project is $5,000,000 and construction is expected to begin on or after April 2026. This project will require all general construction services necessary to complete site improvements and the new Fire Station #38 Facility. SCOPE OF SERVICES The scope of services shall consist of, but not be limited to: ▪ Construction of a new approximately 7,500 sf, 3-bay fire station facility and related site improvements at property. o The site shall be laid out as a secure, 24-hour facility with public and staff parking. o The new Fire Station facility shall comply with Florida Building Code, National Fire Protection Association (NFPA), National Electric Code (NEC), FBC Accessibility Code, City of Oviedo land development code, applicable codes and standards. The facility shall accommodate future growth. Part A – Preconstruction Phase: ▪ Attend project meetings, workshops, and council meetings. RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 18 ▪ Conduct field investigations and prepare reports. ▪ Review phase design submissions to evaluate cost and construction considerations. ▪ Work closely with the City’s Architect/Engineer consultant, under separate contract with the City, in developing feasibility and cost scenarios to assist City staff with a capital improvements estimate recommendation to City Council for the Public Fire Station project. ▪ Make recommendations regarding alternative construction materials, methods, or concepts that may be of benefit to the City. ▪ Review A/E consultant’s submittals and make recommendations relating to cost, constructability, and other such technical and economical characteristics of a particular design or material selection. ▪ Provide cost estimates for each progressive design phase. ▪ Submit detailed cost estimates, critical path method calendar schedules, and reports at phased levels of Architect/Engineer plans completion. ▪ Solicit, schedule, and lead pre-bid meetings. ▪ Solicit and evaluate subcontractor qualifications. ▪ Prepare subcontractor bid packages utilizing Architect/Engineer consultant drawings and specifications. ▪ Solicit and evaluate subcontract bids. ▪ Develop bid alternatives and value engineering options to meet established construction budget. Part B – Construction Phase: Construction Management General Contracting services for construction of the Project per the attached contract for Construction Manager at Risk attached and the Guaranteed Maximum Price Proposal as required in the attached contract documents. 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 CMAR 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 CMAR firm and project team proposed to perform work. 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 RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 19 City. The required submission materials include the following: I. CMAR’s Qualifications • List of CMAR’s key employees/project team members, their qualifications/resumes, and their role in providing the desired City services. • CMAR’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 CMAR team. Identify your Preconstruction team, include the anticipated time commitment provided by each during the preconstruction phase. • Similarly, identify your key staff members on your Construction team, include the anticipated time commitment provided by each during the Construction phase. • List of CMAR’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 CMAR. • 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 CMAR, provide project and client names and project commencement and projected completion dates, and construction dollar value of the project. • Project Approach: Briefly describe the CMAR’s understanding of the project and how the CMAR would accomplish this work. II. Other Forms (not included in page limit) • 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. • Conflict of Interest Disclosure Form. • Confidential Disclosure Agreement for Public Building. • Company Information/Signature Sheet. • Drug-Free Workplace Certification • Scrutinized Companies Form • Human Trafficking Affidavit • Company Not an Entity of Foreign Country of Concern • Contractor’s E-Verify Affidavit • Exceptions to the Contract Documents • Addendum Acknowledgement, if applicable. • Minority Business Enterprise Certification for the CMAR firm, if applicable. Attach copy of State of Florida or County MBE Certificate. • Summary of Litigation: if none, please state. Provide a summary of any litigation claim(s), bid or contract dispute(s) filed by or against the CMAR firm in the past five (5) years which is related to the services that the CMAR 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. RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 20 E. TIME SCHEDULE The anticipated schedule of events related to this solicitation is: Date of RFQ Request for qualifications advertised 23 days later Last day for questions 30 days later Statements of qualification are due 35 days later Qualification statements distributed to Evaluation Committee 45 days later Evaluation committee meeting held 50-60 days later Interviews of the top three or more Respondents, 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 oral 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 via Euna Procurement or other means of the evaluation committee’s recommended ranking of firms to the City Commission. The City Commission’s decision to endorse or modify the ranking by the evaluation committee shall be final. The City Commission shall be the final authority in the award or rejection of any and all responses. 3. The City will apply the negotiation requirements of Section 287.055, Fla. Stat., (a.k.a., CCNA). The City will attempt to negotiate an agreement with the top-ranked Respondent. If no agreement is reached with the top-ranked Respondent, negotiations will be terminated and initiated with the second-ranked Respondent, and so on, until an agreement is reached. 4. The successful Respondent shall be required to execute an agreement which provides, among other things, that all plans, drawings, reports, and specifications that result from Respondent’s services shall become the property of the City. Upon the successful negotiation of an agreement, a formal contract will be prepared and subsequent executed by both parties. The draft of this agreement is provided in Attachment 4. RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 21 5. The following criteria will be used to evaluate the timely-received submissions: Evaluation Criteria Maximum Points 1. Overall expertise of the CMAR to provide requested services: • Building construction of the type anticipated • Public facility and fire station facility construction • General civil construction 35 2. Experience of the CMAR Project Team 30 3. Project approach and understanding of the project 20 4. Current and projected workload of the CMAR 10 5. Certified minority business enterprise 5 Total Possible Points 100 Information supplied by client references may be used in determining the relative merits of a Respondent under any and/or 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 directed to Shannon Hopper, shopper@ocoee.org; Alexis Chentouf, achentouf@ocoee.org; and a copy to Joyce Tolbert, Procurement Manager, 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. RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 22 H. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or against the Respondent in the past five (5) years which is related to the services that the Respondent provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. Please state if none. (Attach additional sheets, if necessary) _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ I. ACKNOWLEDGEMENT OF ADDENDA: Respondent acknowledges receipt of the following addenda: No. _____ Dated: _____________ No. _____ Dated: _____________ No. _____ Dated: _____________ No. _____ Dated: _____________ No. _____ Dated: _____________ No. _____ Dated: _____________ No. _____ Dated: _____________ No. _____ Dated: _____________ J. EXCEPTIONS: Does Respondent have any Exceptions to the Scope of Services or terms of the Contract Documents? Yes _____ No ______ List any exceptions you have to this scope of services or contract terms. (Note: exceptions will not be considered after award.) The City reserves the right to accept or reject any requested exceptions. If Respondent leaves this question blank, Respondent agrees it has no exceptions. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ (Attach additional sheets if necessary) RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 23 K. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK: Respondent shall provide a minimum of three (3) separate references of current or previous contracts with a similar scope of services to the requested services of this RFQ, within the past three (3) years, preferably with a governmental agency. Respondent must demonstrate the ability to perform services of similar complexity, nature, and size. For each previous contract. Respondent must provide a description of the scope, its location, contract dates, and a contact person willing and able to discuss the Respondent’s performance for that contract. Letters of References may also be provided. Only contracts for which the Respondent was the prime contractor will be considered to be relevant. Attach additional sheets if necessary. Name of Project: __________________________________________________________ Project Details: __________________________________________________________ __________________________________________________________ Start date: ________________ Completion date: ________________ Contract amount: _________________________________________ Awarding Agency: ________________________________________________________ Agency’s Point of Contact: Name and Title: __________________________________ Phone number: __________________________________ Email address: __________________________________ Name of Project: __________________________________________________________ Project Details: __________________________________________________________ __________________________________________________________ Start date: ________________ Completion date: ________________ Contract amount: _________________________________________ Awarding Agency: ________________________________________________________ Agency’s Point of Contact: Name and Title: __________________________________ Phone number: __________________________________ Email address: __________________________________ Name of Project: __________________________________________________________ Project Details: __________________________________________________________ __________________________________________________________ Start date: ________________ Completion date: ________________ Contract amount: _________________________________________ Awarding Agency: ________________________________________________________ Agency’s Point of Contact: Name and Title: __________________________________ Phone number: __________________________________ Email address: __________________________________ Does Respondent have any similar work in progress at this time? Yes___ No ___ Bank or other financial references: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ (Attach additional sheets if necessary) END OF INSTRUCTIONS RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 24 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 RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 25 CONFIDENTIAL DISCLOSURE AGREEMENT This Agreement is entered into by and between _______________________________________ (hereinafter “Recipient”) and the City of Ocoee (hereinafter “City”). RECITALS WHEREAS, City needs to disseminate certain building plans, blueprints, specifications, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a water treatment facility (“design information”), in order for it to be designed and constructed pursuant to RFQ #25-009 Construction Manager at Risk for the New Ocoee Fire Station #38 Facility (the Project); and WHEREAS such design information is exempt from public records disclosure requirements of Florida Statutes Section 119.07(1) and s. 24(a), Art. I of the Florida State Constitution. This exemption provides that design information made exempt by law may be disclosed to another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to a public building or water treatment facility; and that the entities or persons receiving such information shall maintain the exempt status; and WHEREAS Recipient is willing to receive disclosure of the design information pursuant to the terms of this Agreement for the purpose of bidding on the project and/or performing design services. NOW THEREFORE, for good and sufficient consideration Recipient agrees as follows: 1. The above Recitals are acknowledged by Recipient and are incorporated herein by reference. 2. Recipient agrees that it shall prevent and protect the design information, or any part thereof, from disclosure as a public record and shall not disclose the design information to any person or entity other than one having a need for disclosure in connect ion with Recipient's authorized use of the design information for the purposes of submitting a response to the bid solicitation. RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 26 3. Recipient agrees to take all steps reasonably necessary to protect the secrecy of the design information, and to require all entities or persons receiving the design information to maintain its exempt status and to prevent the design information from being disclosed as a public record or coming into the possession of a person or entity that is not authorized. 4. Recipient agrees that all design information shall remain the property of City. All design information and all copies thereof shall be returned to City not later than thirty (30) days after the bid opening together with a list of all of the names and addresses of all entities or persons to which the design information has been disclosed; or, in the case of a designer, not later than thirty (30) days after the project is finally completed. Dated this ______ day of __________________, 20__ . RECIPIENT Signed: _________________ Print Name: __________________ Title: __________________ Company: _____________________________________________ Address: ______________________________________________ ______________________________________________________ Phone No: _____________________________________________ Date: RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 27 COMPANY INFORMATION/SIGNATURE SHEET RFQ #25-009 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 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) __________________________________ E-MAIL ADDRESS _________________________________ IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNATURE (manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: ________________________________ NAME/TITLE (print) _______________________________________ ________________________________ _______________________________________ STREET ADDRESS _________________________________ CITY STATE ZIP FEDERAL ID #____________________ _____Individual _____Corporation _____Partnership _____Other (Specify)________________________ Sworn to and subscribed before me 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 RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 28 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 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' 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 con viction 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 satisfactory participation in a drug abuse assistance or rehabilitation program if 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 a 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: RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 29 CERTIFICATION OF NON-SEGREGATED FACILITIES The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder 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 rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation, and housing facilities provided for employees on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where he has obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. Governing Law: The nondiscriminatory 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 United States Secretary of Labor. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date , 20 . By: (Title, Company) Official Address (including Zip Code): RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 30 CERTIFICATION REGARDING SCRUTINIZED COMPANIES’ LISTS Respondent certifies that the company is not participating in a boycott of Israel. Respondent certifies that Respondent 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, and is not 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 Respondent is unable to provide such certification but still seeks to be considered for award of this solicitation, Respondent 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. Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. City shall have the right to terminate any contract resulting from this solicitation for default if Respondent 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. Respondent: ___________________________________ By:__________________________________________________ (Authorized Signature) Printed Name and Title:___________________________________ Date:_________________________________________________ RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 31 HUMAN TRAFFICKING AFFIDAVIT The undersigned, on behalf of Contractor, hereby attests as follows: 1. Contractor understands and affirms that Section 787.06(13), Florida Statutes, prohibits the City of Ocoee from executing, renewing, or extending a contract to entities that use coercion for labor or services. 2. Contractor hereby attests, under penalty of perjury, that Contractor does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes. I, the undersigned, am an officer or representative of the non-governmental entity named below, and hereby represent that I: make the above attestation based upon personal knowledge; am over the age of 18 years and otherwise competent to make the above attestation; and I am authorized to legally bind and make the above attestation on behalf of, the Contractor. Under penalties of perjury, I declare that I have read the forgoing document and that the facts stated in it are true. By: Print Name: Print Title: ________________________________ Company Name: STATE OF COUNTY OF ________________________ The foregoing instrument was sworn to and subscribed before me by means of ☐ physical presence or ☐ online notarization, this _____ day of _____________________________, 202____, by ______________________, as _____________________ of _______________________, who is ☐ personally known to me or ☐ produced _______________________________ as identification. Public Notary Signature (Seal) Print Notary Name:__________________________ My Commission Expires: RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 32 COMPANY NOT AN ENTITY OF FOREIGN COUNTRY OF CONCERN In accordance with Florida Statute 287.138 and for purposes of this affidavit, "foreign country of concern" means the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern. The undersigned, on behalf of the entity listed below hereby attests under penalty of perjury as follows: 3. I am an officer or representative of ________________________ (hereinafter “Entity”), and I am authorized to provide this affidavit on its behalf. 4. Entity is not owned by the government of a foreign country of concern. 5. No government of a foreign country of concern has a controlling interest in Entity. 6. Entity is not organized under the laws of or has its principal place of business in a foreign country of concern. 7. If, at any time in the future, Entity does become owned by a foreign country of concern, if a foreign country of concern acquires a controlling interest in Entity, or Entity becomes organized under the laws of or relocated to a foreign country of concern, Entity will immediately notify the City of Ocoee and no contracts may be executed, renewed, or extended between the parties. 8. I have read the foregoing affidavit and confirm that the facts stated in it are true, and are made for the benefit of, and reliance by the City of Ocoee. Authorized Signature: Printed Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged by physical means / by electronic means before me this day of 20__, by , who is personally known to me / presented as identification and who did / did not take an oath. Public Notary Signature (Seal) Print Notary Name:__________________________ My Commission Expires: RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 33 CONTRACTOR’S E-VERIFY AFFIDAVIT I hereby certify that [insert company’s name] does not employ, contract with, or subcontract with an unauthorized alien, and is otherwise in full compliance with Section 448.095, Florida Statutes. All employees hired on or after January 1, 2021 have had their work authorization status verified through the E-Verify system. Print Name: Date: STATE OF _____________________ COUNTY OF _ The foregoing instrument was acknowledged before me by means of □physical presence or □online notarization, this (date) by (name of officer or agent, title of officer or agent) of (name of contractor company acknowledging), a _________ (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or has produced ____________________ (type of identification) as identification. Public Notary Signature (Seal) Print Notary Name:__________________________ My Commission Expires: RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 34 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 JL2 Architecture, LLC, 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 o r 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 liabi lity of Principal or its estate as a result of any such proceedings; or (iv) any other action taken by Obligee or Principal that would, in the absence of this clause, result in the release or discharge by operation of law of the Surety from its obligations hereunder. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and save the Obligee harmless from any and all loss, damage, cost RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 35 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. RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 36 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. RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 37 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 RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 38 ATTACHMENT “1” CONCEPTUAL FLOOR PLAN RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 39 ATTACHMENT “2” CONCEPTUAL SITE PLAN RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 40 ATTACHMENT “3” PROPOSED DESIGN SCHEDULE Total Design Phases = 7 months Phase One – Planning = 30 days *Includes in meeting page turn for City Review Phase Two – Schematic Design = 60 days *Includes in meeting page turn for City Review Phase Three – Design Development = 60 days *Includes in meeting page turn for City Review Phase Four – Construction Documents 90% Construction Documents = 45 days *Includes 2 weeks City Review 100% Construction Documents = 15 days *Includes 1 week City Review Phase Five – Permitting & Bidding = 90 days (estimated) Phase Six – Construction Administration/Close Out = 12 months (estimated) RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 41 ATTACHMENT “4” PROPOSED CONSTRUCTION MANAGER AT RISK AGREEMENT INCLUDING EXHIBITS Mayor Commissioners Rusty Johnson Scott R. Kennedy, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Craig Shadrix George Oliver III, District 4 September 12, 2025 ADDENDUM NO. ONE (1) CITY OF OCOEE RFQ #25-009 CONSTRUCTION MANAGER AT RISK FOR THE NEW OCOEE FIRE STATION #38 FACILITY This addendum shall modify and become a part of the original RFQ Documents. This addendum consists of one-hundred six (106) pages, including attachments. Respondents should acknowledge receipt of this addendum in the space provided in the RFQ Documents. Failure to do so may subject the Respondent to disqualification. All dates remain the same. Amendments to the RFQ Documents are as follows: 1. The site location provided in the Scope of Services on Page 17 of the RFQ Document is revised as follows in order to provide the address of the site: 2121 N. Lakewood Ave., Ocoee, FL 34761. The site is located between 2nd Avenue and Banyan Cove Blvd. 2. The RFQ Document is amended to include the Attachment 4 which was listed on the RFQ’s Table of Contents: Proposed CMAR Agreement listed on the TOC as Attachment 4. Attachment “4” is as total of 105 pages and includes the Attachment “4” cover page, Proposed Agreement, Exhibits A – M, and General Conditions of the Contract for Construction. Shannon Hopper Shannon Hopper, CPPB Purchasing Technician II cc: Steve Krug, P.E., Public Works Director ATTACHMENT “4” PROPOSED CONSTRUCTION MANAGER AT RISK AGREEMENT INCLUDING EXHIBITS DR A F T DRAFT AIA® Document A133® – 2019 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201™–2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AGREEMENT made as of the « » day of « » in the year « » (In words, indicate day, month, and year.) BETWEEN the Owner: (Name, legal status, address, and other information) «City of Ocoee, a Florida municipal corporation, » «1 N. Bluford Ave.» «Ocoee, FL 34761» «a Florida municipal corporation » and the Construction Manager: (Name, legal status, address, and other information) « » « » for the following Project: (Name, location, and detailed description) «RFQ #25-009 Construction Manager at Risk for the New Ocoee Fire Station #38 Facility » «This Project will be a new, approximately 7,500 sf, 3-bay fire station located at 2121 Lakewood Ave. between 2nd Ave and Banyan Cove Blvd., Ocoee, FL 34761. The work will include site development of an approximate 3.2-acre site and modification of an adjacent existing stormwater pond. » The Architect: (Name, legal status, address, and other information) JL2 Architecture 1678 Kingston Rd. Longwood, FL 32750 The Owner and Construction Manager agree as follows. DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 GENERAL PROVISIONS 3 CONSTRUCTION MANAGER’S RESPONSIBILITIES 4 OWNER’S RESPONSIBILITIES 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 7 COST OF THE WORK FOR CONSTRUCTION PHASE 8 DISCOUNTS, REBATES, AND REFUNDS 9 SUBCONTRACTS AND OTHER AGREEMENTS 10 ACCOUNTING RECORDS 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 12 DISPUTE RESOLUTION 13 TERMINATION OR SUSPENSION 14 MISCELLANEOUS PROVISIONS 15 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT EXHIBIT B INSURANCE AND BONDS ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as “not applicable” or “unknown at time of execution.”) § 1.1.1 The Owner’s program for the Project, as described in Section 4.1.1: (Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.) «The City of Ocoee Fire Station #38 shall be a new approximately 7,500 sf 3-bay fire station. § 1.1.2 The Project’s physical characteristics: (Identify or describe pertinent information about the Project’s physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.) «The existing site footprint is approximately 3.2 acres with other required site development features such as public parking and staff parking, aprons for fire vehicles and modification of an existing stormwater pond.» § 1.1.3 The Owner’s budget for the Guaranteed Maximum Price, as defined in Article 6: (Provide total and, if known, a line item breakdown.) The Project budget shall not exceed $5,000,000 with a Construction budget not to exceed $4,500,000, unless specifically authorized in writing by the Owner . DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 3 « » § 1.1.4 The Owner’s anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: Schematic Design Phase To be determined within 30 days of contract execution Design Development Phase TBD Construction Documents Phase TBD Owner Review & Comment 14 Days per Phase TBD Design Phases Subtotal: TDB Bidding / GMP Coordination TBD Construction Administration Phase TDB Total Days TDB« » .2 Construction commencement date: «TBD » .3 Substantial Completion date or dates: «List in number of days as in the item above » .4 Other milestone dates: « Final Punch and Closeout shall be completed within 60 days from Substantial Completion. Failure to complete within this timeframe may result in liquidated damages as specified in the Contract Documents. » § 1.1.5 The Owner’s requirements for accelerated or fast-track scheduling, or phased construction, are set forth below: (Identify any requirements for fast-track scheduling or phased construction.) « » § 1.1.6 The Owner’s anticipated Sustainable Objective for the Project: (Identify and describe the Owner’s Sustainable Objective for the Project, if any.) « » § 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Construction Manager shall complete and incorporate AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. If E234 – 2019 is incorporated into this agreement, the Owner and Construction Manager shall incorporate the completed E234– 2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere.) « » § 1.1.8 The Owner identifies the following representative in accordance with Section 4.2: (List name, address, and other contact information.) DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 4 «Steve Krüg, P.E. Public Works Director City of Ocoee » «1 N. Bluford Ave.» «Ocoee, FL 34761» «SKrug@ocoee.org «407-905-3170 » AND Owner’s Representative ZHA Inc. 2290 Lucien Way, Suite 300 Maitland, FL 32751 407-422-7487 § 1.1.9 The persons or entities, in addition to the Owner’s representative, who are required to review the Construction Manager’s submittals to the Owner are as follows: (List name, address and other contact information.) « » § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Geotechnical Engineer: TBD .2 Civil Engineer: TBD .3 Other, if any: (List any other consultants retained by the Owner, such as a Project or Program Manager.) TBD § 1.1.11 The Architect’s representative: (List name, address, and other contact information.) o « Johnnie Lorhum JL2 Architecture 1678 Kingston Rd. Longwood, FL 32750 » § 1.1.12 The Construction Manager identifies the following representative in accordance with Article 3: (List name, address, and other contact information.) « » § 1.1.13 The Owner’s requirements for the Construction Manager’s staffing plan for Preconstruction Services, as required under Section 3.1.9: (List any Owner-specific requirements to be included in the staffing plan.) « » DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 5 § 1.1.14 The Owner’s requirements for subcontractor procurement for the performance of the Work: (List any Owner-specific requirements for subcontractor procurement.) « » § 1.1.15 Other Initial Information on which this Agreement is based: « » § 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Construction Manager shall appropriately adjust the Project schedule and the Construction Manager’s services. Any adjustment to the Construction Manager’s compensation must be approved in writing by the Owner. The Owner may adjust the Owner’s budget for the Guaranteed Maximum Price and the Owner’s anticipated design and con struction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 Neither the Owner’s nor the Construction Manager’s representative shall be changed without ten days’ prior written notice to the other party. Any replacement Construction Manager representative must be approved in writing by the Owner. ARTICLE 2 GENERAL PROVISIONS § 2.1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 3.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 3.2.8. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. An enumeration of the Contract Documents, other than a Modification, appears in Article 15. In the event of inconsistencies, the order of precedence shall be: 1. This Agreement 2. The GMP Amendment 3. Change Orders 4. The General Conditions (A201-2017) 5. Specifications 6. Drawings 7. RFQ #25-009 including all addendums, if any 8. Construction Manager’s response to RFQ #25-009 9. All written proposals from Construction Manager 10. Other referenced Documents § 2.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and acknowledges its fiduciary duty to the Owner and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager’s skill and judgment to furnish efficient construction administration, management services, and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with this Agreement. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. § 2.3 General Conditions § 2.3.1 For the Preconstruction Phase, AIA Document A201™–2017, General Conditions of the Contract for Construction, shall apply as follows: Section 1.5, Ownership and Use of Documents; Section 1.7, Digital Data Use and Transmission; Section 1.8, Building Information Model Use and Reliance; Section 2.2.4, Confidential Information; DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 6 Section 3.12.10, Professional Services; Section 10.3, Hazardous Materials; Section 13.1, Governing Law . The term “Contractor” as used in A201–2017 shall mean the Construction Manager. § 2.3.2 For the Construction Phase, the general conditions of the contract shall be as set forth in A201 –2017, which document is incorporated herein by reference. The term “Contractor” as used in A201–2017 shall mean the Construction Manager. ARTICLE 3 CONSTRUCTION MANAGER’S RESPONSIBILITIES The Construction Manager’s Preconstruction Phase responsibilities are set forth in Sections 3.1 and 3.2, and in the applicable provisions of A201-2017 referenced in Section 2.3.1. The Construction Manager’s Construction Phase responsibilities are set forth in Section 3.3. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case , both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project . § 3.1 Preconstruction Phase § 3.1.1 Extent of Responsibility The Construction Manager shall exercise the highest standard of care and professional skill in performing its Preconstruction Services. The Owner shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of services and information furnished by the Construction Manager. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. § 3.1.2 The Construction Manager shall provide a preliminary evaluation of the Owner’s program, schedule and construction budget requirements, each in terms of the other. § 3.1.3 Consultation § 3.1.3.1 The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. § 3.1.3.2 The Construction Manager shall advise the Owner on proposed site use and improvements, selection of materials, building systems, and equipment. The Construction Manager shall also provide recommendations to the Owner, consistent with the Project requirements, on constructability; availability of materials and labor; time requirements for procurement, installation and construction ; prefabrication; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions. § 3.1.3.3 If building information modeling is to be used on the Project, the Construction Manager and Owner will establish building information modeling and digital data protocols for the Project. § 3.1.4 Project Schedule When Project requirements in Section 4.1.1 have been sufficiently identified, the Construction Manager shall prepare and update monthly, or more frequently if requested by Owner, a Project schedule for the Architect’s review and the Owner’s acceptance. The Project schedule shall identify items that affect the Project’s timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered in advance of construction; and the occupancy requirements of the Owner . § 3.1.5 Phased Construction The Construction Manager shall provide recommendations with regard to accelerated or fast-track scheduling, procurement, and sequencing for phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities , and procurement and construction scheduling issues. DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 7 § 3.1.6 Cost Estimates § 3.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare, for the Owner’s review and approval, preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume, or similar conceptual estimating techniques. If the Architect or Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 3.1.6.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner and Construction Manager, an estimate of the Cost of the Work with increasing detail and refinement. The Construction Manager shall include in the estimate those costs to allow for the further development of the design, price escalation, and market conditions, until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. The estimate shall be provided for the Owner’s review and approval. The Construction Manager shall inform the Owner in writing within 48 hours in the event that the estimate of the Cost of the Work exceeds or is likely to exceed the latest approved Project budget, and make detailed recommendations for corrective action. Failure to provide timely notice may result in the Construction Manager bearing responsibility for cost overruns. § 3.1.6.3 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager shall work with the Owner to reconcile the cost estimates. § 3.1.7 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall consult with the Owner and make recommendations regarding constructability and schedules, for the Owner’s review and approval. § 3.1.8 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding equipment, materials, services, and temporary Project facilities. § 3.1.9 The Construction Manager shall provide a staffing plan for Preconstruction Phase services for the Owner’s review and approval. § 3.1.10 If the Owner identified a Sustainable Objective in Article 1, the Construction Manager shall fulfill its Preconstruction Phase responsibilities as required in AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to this Agreement. § 3.1.11 Subcontractors and Suppliers § 3.1.11.1 If the Owner has provided requirements for subcontractor procurement in section 1.1.14, the Construction Manager shall provide a subcontracting plan, addressing the Owner’s requirements, for the Owner’s review and approval. § 3.1.11.2 The Construction Manager shall develop bidders’ interest in the Project. § 3.1.11.3 The processes described in Article 9 shall apply if bid packages will be issued during the Preconstruction Phase. § 3.1.12 Procurement § 3.1.12.1 The Construction Manager shall prepare, for the Owner’s review and acceptance, a procurement schedule for items that must be ordered in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on commercially reasonable terms and conditions, with reasonable input from the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them . § 3.1.12.2 Construction Manager will participate in the Owner Direct Purchase savings program. The city may elect to purchase Project goods directly from providers to realize sales tax savings, as permitted by Section 212.08(6), Florida Statutes, and Rule 12A-1.094, Florida Administrative code. Any such election shall be limited to purchases for goods which are valued at $10,000.00 or greater. DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 8 § 3.1.13 Compliance with Laws The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Agreement, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi-governmental authorities. § 3.1.14 Other Preconstruction Services Insert a description of any other Preconstruction Phase services to be provided by the Construction Manager, or reference an exhibit attached to this document (Describe any other Preconstruction Phase services, such as providing cash flow projections, development of a project information management system, early selection or procurement of subcontractors, etc.) « » § 3.2 Guaranteed Maximum Price Proposal § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner ’s review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager’s estimate of the Cost of the Work, the Construction Manager’s contingency described in Section 3.2.4, and the Construction Manager’s Fee described in Section 6.1.2. § 3.2.2 To the extent that the Drawings and Specifications are anticipated to require further development, the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope, systems, kinds and quality of materials, finishes, or equipment, all of which, if required, shall be incorporated by Change Order . § 3.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: .1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 3.2.2; .3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, including allowances; the Construction Manager’s contingency set forth in Section 3.2.4; and the Construction Manager’s Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and .5 A date by which the Owner must accept the Guaranteed Maximum Price. § 3.2.4 In preparing the Construction Manager’s Guaranteed Maximum Price proposal, the Construction Manager shall include a contingency for the Construction Manager’s exclusive use to cover those costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order. The “Construction Contingency” shall be identified and carried as a separate line item which shall be included in the Guaranteed Maximum Price for the Cost of the Work. .1 Construction Contingency: The “Construction Contingency for this project shall be x percent (x) of the Cost of the Work will be determined at the GMP. The Construction Contingency is permitted to be used by Construction Manager for compensation to Construction Manager, its subcontractors and material suppliers, for minor errors, omissions, conflicts, or inconsistencies that may exist within the Contract Documents, variances between subcontractor bids and budgeted amounts, or other additional costs directly related to the scope of Work that may arise during the Project that are not subject to a Change Order under this Agreement. The Construction Contingency shall not be used for: (1) compensation to Construction Manager, or its subcontractors and material suppliers, for concealed conditions, Project additions, enhancements, scope changes or allowance adjustments, which shall be subject to Change Order in accordance with the terms of t he Agreement; DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 9 (2) general conditions/general requirements, personal injury claims, third party property damage claims, or for any other third party claims not directly related to the scope of Work; (3) for any use which would be or may be covered under any other contingency fund; or (4) for any cost overruns for any portion of the Work that is self -performed by Construction Manager (and it shall not be unreasonable for the Owner to deny use of the Construction Contingency for such purpose); and (5) for repairs, adjustments, or re-work necessitated by or resulting from negligence by unknown source or subcontractors, material suppliers, or others under Construction Manager’s control (not including Builder’s Risk Claims). (6) To increase or supplement staff as necessary to effectively manage the project (7) Buy out of work not included in the previously awarded bid package (8) To improve or accelerate the progress of the work. (9) For modifications of the work resulting from an unknown ambiguity (not an error or omission) in the Contract Documents. (10) To adjust reimbursable general conditions in excess of the budget, provided such excess costs were not caused by Construction Manager's failure to properly manage the Project . Construction Manager’s use of the first twenty-five percent (25%) of the Construction Contingency shall not require Owner’s prior consent but shall require written notice to Owner of the amount and description of the use regardless of the line item amount at least 72 hours before such use. Construction Manager’s use of the remaining Construction Contingency for each individual line amount over $50,000 (or a lower amount if directed by the Owner in writing), shall require Owner’s prior consent. With respect to the Construction Manager’s use of Construction Contingency, at the time of the use of such Construction Contingency, such use shall be a permitted use as defined in this Article 3.2.4 . § 3.2.5 The Construction Manager shall meet with the Owner to review the Guaranteed Maximum Price proposal. In the event that the Owner discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 3.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. § 3.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the execution of the Guaranteed Maximum Price Amendment, unless the Owner provides prior written authorization for such costs. § 3.2.8 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish such revised Contract Documents to the Construction Manager. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment and the revised Contract Documents. § 3.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Construction Manager that are legally enacted, whether or not yet effective, at the time the Guaranteed Maximum Price Amendment is executed. § 3.3 Construction Phase § 3.3.1 General § 3.3.1.1 For purposes of Section 8.1.2 of A201 –2017, the date of commencement of the Work shall mean the date of commencement of the Construction Phase. DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 10 § 3.3.1.2 The Construction Phase shall commence upon the Owner ’s execution of the Guaranteed Maximum Price Amendment or, prior to acceptance of the Guaranteed Maximum Price proposal, by written agreement of the parties. The written agreement shall set forth a description of the Work to be performed by the Construction Manager , and any insurance and bond requirements for Work performed prior to execution of the Guaranteed Maximum Price Amendment. § 3.3.2 Administration § 3.3.2.1 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly distribute minutes of the meetings to the Owner and Architect. § 3.3.2.2 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare and submit to the Owner a construction schedule for the Work and a submittal schedule in accordance with Section 3.10 of A201–2017. § 3.3.2.3 Monthly Report The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner, showing percentages of completion and other information required by the Owner. § 3.3.2.4 Daily Logs The Construction Manager shall keep, and make available to the Owner through a real-time online project management system, a detailed daily log containing a record for each day of weather conditions, portions of the Work in progress, number of workers on site by trade, identification of equipment on site, materials delivered, problems that might affect progress of the work, accidents, injuries, safety violations, and other information required by the Owner. These logs shall be preserved as project records for a minimum of 5 years after substantial completion. § 3.3.2.5 Cost Control The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner , and shall provide this information in its monthly reports to the Owner, in accordance with Sec tion 3.3.2.3 above. ARTICLE 4 OWNER’S RESPONSIBILITIES § 4.1 Information and Services Required of the Owner § 4.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, specia l equipment, systems, sustainability and site requirements. § 4.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has budgeted for and appropriated funds to fulfill the Owner’s obligations under the Contract, subject to annual appropriation requirements applicable to Florida municipalities. After execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request such information as set forth in A201-2017 Section 2.2. § 4.1.3 The Owner shall establish and periodically update the Owner ’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Article 7, (2) the Owner’s other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner ’s budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project’s scope and quality. § 4.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shall furnish the following information or services with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Construction Manager’s performance of the Work with reasonable promptness after receiving the Construction Manager’s written request for such information or services. The Construction Manager shall be entitled to r ely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 11 § 4.1.4.1 The Owner shall furnish tests, inspections, and reports, required by law and as otherwise agreed to by the parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 4.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the surve y shall be referenced to a Project benchmark. § 4.1.4.3 The Owner, when such services are requested, shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 4.1.5 During the Construction Phase, the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Construction Manager ’s performance of the Work with reasonable promptness after receiving the Construction Manager’s written request for such information or services. § 4.1.6 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to this Agreement. § 4.2 Owner’s Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project . The Owner’s representative shall render decisions and furnish information within reasonable timeframes consistent with the Project schedule and the Owner's internal approval processes. Except as otherwise provided in Section 4.2.1 of A201– 2017, the Architect does not have such authority. The term “Owner” means the Owner or the Owner’s authorized representative. § 4.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 4.3 Architect The Owner shall retain an Architect. The Owner shall provide the Construction Manager with a copy of the scope of services in the executed agreement between the Owner and the Architect, and any further modifications to the Architect’s scope of services in the agreement. ARTICLE 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 5.1 Compensation § 5.1.1 For the Construction Manager’s Preconstruction Phase services described in Sections 3.1 and 3.2, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable.) «Preconstruction Services will consist of three phases for a total of { } Dollars and no Cents ($0.00): Phase One, Planning & Programming $ Phase Two, Schematic Design through GMP • Design Constructability & Scheduling $ • Schematic Design Estimate $ • Design Development Estimate $ • Guaranteed Maximum Price Proposal $ Phase Three, Permitting $ DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 12 § 5.1.2 The hourly billing rates for Preconstruction Phase services of the Construction Manager and the Construction Manager’s Consultants and Subcontractors, if any, are set forth below. (If applicable, attach an exhibit of hourly billing rates or insert them below.) « » Individual or Position Rate Project Executive $ Project Manager $ Chief Estimator $ Senior Estimator $ General Superintendent $ Scheduling Services $ Junior Estimator $0 Precon Coordinator $0 Project Administrator $0 § 5.1.2.1 Billing rates for Preconstruction Phase services include all costs to be paid or incurred by the Construction Manager, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, and shall remain unchanged unless the parties execute a Modification. § 5.1.3 Prior to issuance of a GMP Amendment, and except as may be set forth in a Preconstruction Amendment or Change Order signed by Owner, Construction Manager shall not incur any costs for, and Owner shall not be liable for, any compensation or associated costs other than the lump sum compensation for Preconstruction Phase services performed by Construction Manager identified in this Article 5, and those costs and compensation (if any) provided for and identified in Section 5.1.2 above, and any other costs and compensation specifically identified in Article 5.3 below (if any) which are specifically recommended, detailed and priced, and then approved in writing by Owner . § 5.2 Payments § 5.2.1 Provided that the Construction Manager has provided services in accordance with the time frames and deliverables described in Section 5.3 below, payments for services shall be made monthly in proportion to services performed. Monthly payment is not due until services and deliverables are current. § 5.2.2 Payments are due and payable in accordance with the Local Government Prompt Payment Act upon presentation of the Construction Manager’s properly documented invoice. Amounts unpaid after the invoice date shall bear interest at the rate in accordance with the Local Government Prompt Payment Act . (Insert rate of monthly or annual interest agreed upon.) « » % Interest shall be in accordance with the Local Government Prompt Payment Act. § 5.3 Program Review and Construction Manager Recommendations The Construction Manager shall perform the services described in this Article constituting the Preconstruction Phase Services. Except as may be specifically provided in Article 5.1.3, the Construction Manager acknowledges and agrees that any compensation due Construction Manager for any Preconstruction Phase Services required in this Article 5 .3 is included in the lump sum Preconstruction Phase Services fee in Article 5.1. The parties acknowledge the Construction Phase may commence before the Preconstruction Phase Services are completed, and to a certain extent , both phases may proceed concurrently. § 5.3.1 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. § 5.3.2 Consultation. The Construction Manager will jointly schedule and attend regular meetings with the Owner and Architect. 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; time requirements for DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 13 procurement, installation, and construction completion; and factors related to construction cost including estimates of alternative designs or materials, preliminary budgets, and possible economies. § 5.3.3 Contract Logistics and Other Terms. The Construction Manager shall review the design proposed for the Project (including with the Architect where reasonably necessary) to determine and evaluate whether phased construction, and/or separate or early release contracts for separate scopes or po rtions of the Work (including obtaining competitive bids therefore), or long-lead procurement materials, are necessary, appropriate, or will reasonably benefit the Project. Construction Manager shall take into consideration the schedule, anticipated time to complete, construction market conditions, fabrication and delivery times, storage availability, availability of labor and materials, community relations, and other significant factors Construction Manager knows and reasonably anticipates. Based on its ev aluations, Construction Manager shall make recommendations to the Owner for any of the Project or contractual logistics that it determines is or are appropriate and, after input from Owner is solicited, Construction Manager shall develop a more detailed recommendation and proposed plan(s) with input from necessary parties including the Owner and Architect. Construction Manager shall not procure or order long -lead materials, or begin prosecuting the foregoing matters/recommendations, and Owner shall not be responsible therefore, unless and until approved in a signed writing by Owner (with copy to Architect). Construction Manager will keep Owner and Architect informed of the progress and status of any of the foregoing which Construction Manager has been author ized to implement at the Construction phase, including with respect to any changes to the recommendations previously proposed by Construction Manager. Owner may elect to procure subject materials by direct purchase for tax savings. § 5.3.4 Review Reports. Within 15 – 30 days, after receiving the plans and specifications, based on phase of the design, the Construction Manager shall perform a specific review thereof, focused upon factors of a nature encompassed in Paragraph 5.3.1, 5.3.2, and 5.3.3. Promptly after completion of the review, Construction Manager shall submit to the Owner, with copies to the Architect, a written report covering suggestions or recommendations previously submitted, additional suggestions or recommendations as Construction Manager may deem appropriate, and all actions taken by the Architect with respect to same, including any comments Construction Manager may deem to be appropriate with respect to separating the work into separate contracts, and any alternativ e materials recommendations. § 5.4 Constructability/Schedule 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 Architect and/or professional consultants. While Construction Manager shall not assume the Architect's design responsibilities, Construction Manager has a duty to promptly notify Owner and Architect in writing of any known or reasonably discoverable violations of applicable laws, statutes, ordinances, and Building Codes in the drawings and specifications. However, if the Construction Manager recognizes that portions of the drawings and specifications are at variance therewith, the Construction Manager shall promptly notify the Owner and Architect in writing. § 5.4.1 Constructability. With each subsequent issuance of design progression documents, the Construction Manager will provide written comments and meet with the Architect to discuss proposed modifications to the drawings and specifications to improve the efficiency and constructability of the design without assuming an y architectural or engineering responsibility. § 5.4.2 Schedule. The Construction Manager will develop the schedule for the project the optimizes construction duration and anticipated costs based on market conditions and availability of materials and labor resources . § 5.5 Stimulation of Bidder Interest § 5.5.1 The Construction Manager shall monitor conditions in the construction market to identify factors that will or may affect costs and time for completing the Project; Construction Manager shall analyze as necessary these conditions to (1) determine and report on availability, quality, and qualification of labor, material, equipment, potential bidders, and possible impact of any shortages or surpluses of labor or material, and (2) in light of such determinations, make recommendations to the Owner as may be appropriate with respect to long le ad procurement, separation of construction into bid packages, sequencing of work, use of alternative materials, equipment or methods, other economics in design or construction, and other matters that will promote cost savings and completion within the sche duled time. § 5.5.2 The Construction Manager shall submit to the Owner a written "Prospective Bidders Report" setting out recommendations and providing information as to prospective bidders. Third party analysis is not required. As various bid packages are prepared for bidding, the Construction Manager shall submit to the Owner and the Architect a list of potential bidders. The Construction Manager shall carry out an active program stimulating interest of qualified DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 14 contractors, subcontractors, and suppliers in bidding or proposing on the Work and familiarizing them with the requirements of the Project. The Construction Manager shall specifically stimulate bidder interest in the local marketplace and identify and encourage bidding competition. Any Work that Construction Manager proposes to self-perform must have competitive bids from no fewer than three (3) qualified subcontractors, at least two (2) of which shall be local subcontractors. For work the Construction Manager wants to self-perform, the Construction Manager will be required submit a sealed bid for such work to be opened with all other subcontractor bids. If Construction Manager cannot obtain such bids after documented good faith efforts, Construction Manager must provide detailed written justification for Owner's review and approval at least 30 days before such work is scheduled to begin. Owner reserves the right to reject Construction Manager's self-performance proposal and require additional bidding efforts. § 5.5.3 The Construction Manager shall carry out an active program of stimulating interest of qualified contractors/subcontractors in bidding on the Work and of familiarizing those bidders with the requirements of this Project. ARTICLE 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 6.1 Contract Sum § 6.1.1 The Owner shall pay the Construction Manager the Contract Sum in current funds for the Construction Manager’s performance of the Contract after execution of the Guaranteed Maximum Price Amendment. The Contract Sum is the Cost of the Work as defined in Article 7 plus the Construction Manager’s Fee. § 6.1.2 The Construction Manager’s Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Construction Manager’s Fee.) «The Construction Manager’s Fee shall be a percentage of the Cost of the Work that will be established during the preparation of the GMP Amendment.» § 6.1.3 For increases in a Subcontractor’s cost of its portion of the Work resulting from a change in the Work, the party actually performing the changed portions shall be limited to a maximum mark -up of 7.5% of its actual costs of material, labor, and equipment costs. All such costs and mark-ups must be fully documented and subject to Owner's audit rights. Additionally, if the changed portion of the Work is performed by a sub -subcontractor, the subcontractor shall be limited to a mark-up of 5% of the actual costs passed through to the Construction Manager from said sub -subcontractor. The total cumulative mark-up on all changes in the Work shall not exceed 15% in total, excluding Construction Manager’s Fee. The following items shall be considered part of and included in the markup for overhead and profit and subject to the above limitations for purposes of what is charged to Owner, and shall not be separately charged: .1 Costs of trucks, automobiles, and other vehicles, including the costs to operate them, hand tools, small tools, power tools, craft-specific tools, consumable tool supplies, consumable supplies, and similar items. .2 Costs of safety programs, safety supplies, warranty, and similar items and costs of quality assurance and quality control; or Costs of office equipment and supplies, electronic equipment, computer hardware an d software and use thereof, information systems, management systems, subscriptions, website maintenance, e-mail services, web-based project management and other computer, internet, and web- related costs. § 6.1.4 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work: « » § 6.1.5 For any construction work that the Construction Manager elects to undertake with its own forces, after written approval from the Owner, the Construction Manager shall be paid: .1 A lump sum amount based on the written authorization of the Owner following the receipt of competitive bids for such work unless the requirement for competitive bids is waived by the Owner. § 6.1.6 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) «The Construction Manager understands that if Substantial Completion is not attained within the Contract time, as modified by this Agreement, the Owner may suffer damages that are difficult to determine and accurately specify. The Construction Manager agrees that if Substantial Completion is not attained within the Contract Time, the Construction Manager shall pay to the Owner a specific amount established during the preparation of the GMP Amendment as DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 15 liquidated damages and not as a penalty for each day that Substantial Completion extends beyond the Contract Time. The liquidated damages provided for in th is Section shall be in addition to, not in lieu of, any actual damages incurred by the Owner due to Construction Manager's willful misconduct or gross negligence in failing to achieve Substantial Completion within the Contract Time. » § 6.1.7 Other: (Insert provisions for bonus, cost savings or other incentives, if any, that might result in a change to the Contract Sum.) « » § 6.2 Guaranteed Maximum Price The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, subject to additions and deductions by Change Order as provided in the Contract Documents. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner, and Construction Manager shall remain fully responsible for completing the Work in accordance with the Contract Documents regardless of such excess costs. § 6.3 Changes in the Work § 6.3.1 The Owner may, without invalidating the Agreement, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The Construction Manager may be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work, provided that Construction Manager demonstrates such changes directly impact the critical path of the Project Schedule and submits a detailed time impact analysis within 14 days of the change. § 6.3.1.1 The Architect may order minor changes in the Work as provided in Article 7 of AIA Document A201 –2017. § 6.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Article 7 of AIA Document A201–2017. § 6.3.3 Adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined in accordance with Article 7 of A201–2017, as they refer to “cost” and “fee,” and not by Articles 6 and 7 of this Agreement. Adjustments to subcontracts awarded with the Owner’s prior written consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 6.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms “cost” and “costs” as used in Article 7 of AIA Document A201–2017 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term “fee” shall mean the Construction Manager’s Fee as defined in Section 6.1.2 of this Agreement. § 6.3.5 If no specific provision is made in Section 6.1.3 for adjustment of the Construction Manager’s Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Section 6.1.3 will cause substantial inequity to the Owner or Construction Manager, the Construction Manager’s Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work, and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 7 COST OF THE WORK FOR CONSTRUCTION PHASE § 7.1 Costs to Be Reimbursed § 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. The Cost of the Work shall include only the items set forth in Sections 7.1 through 7.7 . § 7.1.2 Where, pursuant to the Contract Documents, any cost is subject to the Owner’s prior approval, the Construction Manager shall obtain such approval in writing prior to incurring the cost. § 7.1.3 GMP for General Conditions. The Guaranteed Maximum Price for General Conditions (sometimes referred to as GMP for General Conditions), which will be completed after the Construction/Project Schedule for the Project has been agreed upon and adopted in the GMP Amendment, will define those costs that are to be included as a part of the Guaranteed Maximum Price for General Conditions. The costs associated with the Guaranteed Maximum Price for General Conditions shall be considered as a Cost of the Work, as defined in Article 7.1 but sha ll be reported on a DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 16 separate line item for the Guaranteed Maximum Price for General Conditions with each monthly application for payment. The Guaranteed Maximum Price for General Conditions for the Project, as identified in the Guaranteed Maximum Price for General Conditions, will be a lump sum agreed upon amount. Should the lump sum amount be exceeded, with the exception of added costs resulting from approved time extensions and/or changes in the Work in accordance with an Owner-approved Change Order, the additional cost shall be at the expense of the Construction Manager. For administrative convenience purposes, the Guaranteed Maximum Price for General Conditions shall be paid monthly, the amount of which shall be determined by taking the Guaranteed Maximum Price for Gener al Conditions divided by the number of months between the commencement date of Work and substantial completion of Work as set forth in the current construction schedule approved by Owner for the Project (as may be adjusted and reconciled by change orders adjusting the Contract Time). § 7.2 Labor Costs § 7.2.1 Wages or salaries 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. Any overtime costs will properly reflect actual labor costs and actual labor burden. The labor burden on overtime labor should be reduced to reflect only the burden items applicable to overtime (i.e. FICA, worker’s compensation insurance). § 7.2.2 Wages or salaries of the Construction Manager’s supervisory and administrative personnel when stationed at the site and performing Work, with the Owner’s prior approval, which shall be paid in accordance with the wage rate schedule attached as Exhibit ‘C’. The wages or salaries of the Construction Manager’s supervisory and administrative personnel will be included in the Guaranteed Maximum Price for General Conditions. Salaries or wages of Construction Manager’s personnel such as Senior Estimator, Senior Project Manager, Estimator, etc., for time spent in the home office working on the Project, but only for that portion of their time required for the Work. These salaries shall be included in the Guaranteed Maximum Price for General Conditions. Salaries of the Construction Manager’s secretarial and accounting personnel stationed at the Construction Manager’s principal office or offices other than the site office, in executing the clerical portion of the Work or performing data processing tasks, but only for that portion of their time required for the Work. These salaries shall be included in the Guaranteed Maximum Price for General Conditions. § 7.2.2.1 Wages or salaries of the Construction Manager’s supervisory and administrative personnel when performing Work and stationed at a location other than the site, but only for that portion of time required for the Work, and limited to the personnel and activities listed below: (Identify the personnel, type of activity and, if applicable, any agreed upon percentage of time to be devoted to the Work.) «See Exhibit C, Construction Manager’s Wage Rates » § 7.2.3 Wages and salaries of the Construction Manager’s supervisory or administrative personnel engaged at factories, workshops or while traveling, 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 . § 7.2.4 Costs paid or incurred by the Construction Manager , as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments and benefits and, for personnel not covered by collective bargaining 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 7.2.1 through 7.2.3. § 7.2.5 If agreed rates for labor costs, in lieu of actual costs, are provided in this Agreement, the rates shall remain unchanged throughout the duration of this Agreement, unless the parties execute a Modification . § 7.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts and this Agreement. Payments under this section will not be made for any overtime hours charged by any such subcontractor without the Owner’s prior written approval. If the Owner’s prior written approval is not obtained, such overtime payments will be at the Construction Manager’s sole expense and shall not be included in the Cost of the Work or count against the Guaranteed Maximum Price. Planned overtime that does not increase the GMP, but is DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 17 required to make the Project site safe, secure, or complete contracted work will be budgeted and approved in the GMP. Unplanned overtime or overtime within Change Orders will require Owner approval. Any overtime costs will properly reflect actual labor costs and actual labor burden. The labor burden on overtime labor should be reduced to reflect only the burden items applicable to overtime (i.e. FICA, worker’s compensation insurance). § 7.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 7.4.1 Costs, including transportation and storage at the site, of materials and equipment incorporated, or to be incorporated, in the completed construction. § 7.4.2 Costs of materials described in the preceding Section 7.4.1 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 . § 7.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 7.5.1 Costs of transportation, storage, installation, dismantling, maintenance, 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 . § 7.5.2 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 the costs of transportation, installation, dismantling, minor repairs, and removal of such temporary facilities, machinery, equipment, and hand tools . Rates and quantities of equipment owned by the Construction Manager, or a related party as defined in Section 7.8, shall be in keeping with regional industry standard s. § 7.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 7.5.4 Costs of the Construction Manager’s site office, including general office equipment and supplies . § 7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner’s prior approval. § 7.6 Miscellaneous Costs § 7.6.1 Premiums for that portion of insurance and bonds that can be directly attributed to this Agreement. .1 Premiums for all insurance required of the Construction Manager by the Agreement will be reimbursed at the fixed rate of ______% of the Cost of the Work, and costs or charges for Commercial General Liability Insurance, Payment & Performance Bonds, subcontractor payment and performance bonds, and Construction Contingency shall not be included in the Cost of Work to which the aforementioned percentage is applied to. This rate includes all costs of the Project’s insurance requirements by Construction Manager, including, but not limited to, premiums, deductibles, reserves, administration, and brokerage fees. If the percentage is agreed to and included in this Agreement then the rate shall not be subject to audit, but the proper application of the rate to the final Cost of the Work will be subject to verification and potential adjustment. As part of the Construction Manager’s Guarantee Maximum Price proposal, the Construction Manager shall provide documentation that the fixed rate of insurance premium reimbursement reasonably and accurately reflects the overall insurance premium attributable to the cost of insuring the Work. For insurance that is part of the Construction Manager’s master programs and not specific to the Project, the Construction Manager shall ve rify that it is using its standard corporate rates. .2 Premiums for the Construction Manager’s Payment and Performance Bonds shall initially be reimbursed at their verifiable initial charge at the beginning of the Project based on a value of the Cost of the Work less the amount of estimated value of Owner Direct Purchased Materials, less sales tax and as more specifically set forth in the GMP Amendment. Said premiums shall be payable in full upon presenting a valid pay application including a paid invoice as supporting documentation after commencing the Construction Phase of the Project, and shall be reconciled to the actual, final cost (including accounting for any changes in actual Owner Direct Purchased Materials amounts) at the time of final payment. DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 18 .3 It is the Construction Manager’s policy to bond any subcontract in excess of $_________ and an option to bond subcontracts below that value after an evaluation of the risk. Payment and Performance Bonds for subcontracts are a cost of the work and will be included in the GMP Proposal . § 7.6.1.1 Costs for self-insurance, for either full or partial amounts of the coverages required by the Contract Documents, with the Owner’s prior approval. § 7.6.1.2 Costs for insurance through a captive insurer owned or controlled by the Construction Manager, with the Owner’s prior approval. § 7.6.2 Sales, use, or similar taxes, imposed by a governmental authority, that are related to the Work and for which the Construction Manager is liable. § 7.6.3 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 . § 7.6.4 Fees of laboratories for tests required by the Contract Documents; except those related to defective or nonconforming Work for which reimbursement is excluded under Article 13 of AIA Document A201–2017 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 7.7.3. § 7.6.5 Royalties and license fees paid for the use of a particular design, process, or product, required by the Contract Documents. § 7.6.5.1 The cost of defending suits or claims for infringement of patent rights arising from requirements of the Contract Documents, 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, unless the Construction Manager had reason to believe that the required design, process, or product was an infringement of a copyright or a patent, and the Construction Manager failed to promptly furnish such information to the Architect as required by Article 3 of AIA Document A201–2017. The costs of legal defenses, judgments, and settlements shall not be included in the Cost of the Work used to calculate the Construction Manager’s Fee or subject to the Guaranteed Maximum Price. § 7.6.6 Costs for communications services, electronic equipment, and software, directly related to the Work and located at the site, with the Owner’s prior approval. § 7.6.7 Costs of document reproductions and delivery charges. § 7.6.8 Deposits lost for causes other than the Construction Manager’s negligence or failure to fulfill a specific responsibility in the Contract Documents. § 7.6.9 Legal, mediation and arbitration costs, including attorneys’ fees, other than those arising from disputes between the Owner and Construction Manager or from Construction Manager's negligence or breach of contract, reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner’s prior written approval, which shall not be unreasonably withheld. Such costs shall be capped at $50,000 in aggregate unless otherwise agreed in writing. § 7.6.10 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, with the Owner’s prior approval. § 7.6.11 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. § 7.6.12 In the event of documented material price increases exceeding 10% from the date of the GMP Amendment due to market fluctuations, supply chain disruptions, shortages, tariffs, or trade restrictions on imported materials, the Construction Manager may request an equitable adjustment to the Contract Sum through a Change Order. Any such request must be made within 14 days of the Construction Manager becoming aware of the price increase and must include supporting invoices and documentation from at least three suppliers demonstrating the price escalation. The Owner shall have sole discretion to approve or deny such requests. DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 19 § 7.7 Other Costs and Emergencies § 7.7.1 Other costs incurred in the performance of the Work , with the Owner’s prior approval. § 7.7.2 Costs incurred in taking action to prevent threatened damage, injury , or loss, in case of an emergency affecting the safety of persons and property, as provided in Article 10 of AIA Document A201–2017. § 7.7.3 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 the negligence of, or failure to fulfill a specific responsibility by, 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 . § 7.7.4 The costs described in Sections 7.1 through 7.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA Document A201–2017 or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 7.9. § 7.8 Related Party Transactions § 7.8.1 For purposes of this Section 7.8, the term “related party” shall mean (1) a parent, subsidiary, affiliate, or other entity having common ownership of, or sharing common management with, the Construction Manager; (2) any entity in which any stockholder in, or management employee of, the Construction Manager holds an equity interest in excess of ten percent in the aggregate; (3) any entity which has the right to control the business or affairs of the Construction Manager; or (4) any person, or any member of the immediate family of any person, who has the right to control the business or affairs of the Construction Manager. § 7.8.2 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 in writing, 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 Article 9. If the Owner fails to authorize the transaction in writing, 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 Article 9. § 7.9 Costs Not To Be Reimbursed § 7.9.1 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 7.2, or as may be provided in Article 14; .2 Bonuses, profit sharing, incentive compensation, and any other discretionary payments (excluding costs included in Section 7.6.12 above), paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor, unless the Owner has provided prior approval; .3 Expenses of the Construction Manager’s principal office and offices other than the site office , except as specifically provided in Sections 7.1 to 7.7 ; .4 Overhead and general expenses, except as may be expressly included in Sections 7.1 to 7.7; .5 The Construction Manager’s capital expenses, including interest on the Construction Manager’s capital employed for the Work; .6 Except as provided in Section 7.7.3 of this Agreement, costs due to the negligence of, or failure to fulfill a specific responsibility of the Contract by, 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 ; .7 Any cost not specifically and expressly described in Sections 7.1 to 7.7; .8 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; and .9 Costs for services incurred during the Preconstruction Phase. ARTICLE 8 DISCOUNTS, REBATES, AND REFUNDS § 8.1 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 the amount to be paid, less such discount, in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 20 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 . § 8.2 Amounts that accrue to the Owner in accordance with the provisions of Section 8.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE 9 SUBCONTRACTS AND OTHER AGREEMENTS § 9.1 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 other appropriate agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall deliver such bids to the Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any approval or objection by the Owner, shall not relieve the Construction Manag er of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then a Change Order shall be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 9.1.2 Responsibility for Subcontractors and Suppliers. The Contractor shall be responsible for the performance of all Subcontractors, Sub-subcontractors, and material and material/equipment suppliers. Unless otherwise set forth in the Agreement, including as outlined in Article 8 of A201–2017 and Article 3.2.4 of this Agreement, the Contractor shall not be entitled to claims for additional time or an increase in the Contract Sum due to the performance or non - performance of a Subcontractor, Sub -subcontractor, material supplier, or material/equipment supplier. § 9.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the Owner’s prior written approval. If a subcontract is awarded on the basis of cost plus a fee, the Construction Manager shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Article 10. ARTICLE 10 ACCOUNTING RECORDS § 10.1 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, job cost reports, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor’s proposals, Subcontractor’s invoices, purchase orders, vouchers, memoranda, and other data relating to this Contract. The Construction Manager shall preserve these records for a period of five years after final payment, or for such longer period as may be required by Florida law. The Owner's right to audit shall survive any termination of this Contract. § 10.2 PUBLIC RECORDS COMPLIANCE. The City of Ocoee (City) is a public agency subject to Chapter 119, Florida Statutes. Contractor agrees to comply with Florida’s Public Records Law. Specifically, Contractor shall: § 10.2.1 Keep and maintain public records required by City to perform the service. DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 21 § 10.2.2 Upon request from the City’s custodian of public records, provide 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. § 10.2.3 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 Contractor does not transfer the records to City. § 10.2.4 Upon completion of the contract, Contractor agrees to transfer at no cost to City all public records in possession of Contractor or keep and maintain public records required by City to perform the service. If Contractor transfers all public record to City upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the contract, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to City, upon request from City’s custodian of public records, in a format that is compatible with the information technology systems of City. § 10.2.5 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. § 10.2.6 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 407-905-3105, CCDL@OCOEE.ORG, WITH AN OFFICE LOCATED AT 1 N. BLUFORD AVENUE, OCOEE, FLORIDA 34761. ARTICLE 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 11.1 Progress Payments § 11.1.1 Progress Payments shall be made in accordance with section 218.735 Florida Statutes. Based upon Construction Manager’s properly submitted Applications for Payment submitted to the Architect by the Construction Manager, and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum, to the Construction Manager, as provided below and elsewhere in the Contract Documents. § 11.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: « » § 11.1.3 Provided that an Application for Payment is received by the Architect not later than the «25th» day of a month, the Owner shall make payment of the amount certified to the Construction Manager not later than the «20th » day of the «following » month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than «thirty» (30) days after the Architect receives and approves the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 11.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that payments already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager, plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Construction Manager’s Fee. § 11.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among: (1) the various portions of the Work; (2) any contingency for costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order; and (3) the Construction Manager’s Fee. DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 22 § 11.1.5.1 The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. The schedule of values shall be used as a basis for reviewing the Construction Manager’s Applications for Payment. § 11.1.5.2 The allocation of the Guaranteed Maximum Price under this Section 11.1.5 shall not constitute a separate guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values. For the avoidance of doubt, it is understood that any savings in one line item may be utilized to offset cost overruns in another line item, with the exception of Allowances, General Requirements, the GMP for General Conditions , and any other specific line items designated by Owner in writing, provided that all Construction Phase Work is completed within the GMP. § 11.1.5.3 When the Construction Manager allocates costs from a contingency to another line item in the schedule of values, the Construction Manager shall submit supporting documentation to the Architect. § 11.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Construction Manager on account of that portion of the Work and for which the Construction Manager has made payment or intends to make payment prior to the next Application for Payment, by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 11.1.7 In accordance with AIA Document A201–2017 and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 11.1.7.1 The amount of each progress payment shall first include: .1 That portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the most recent schedule of values; .2 That portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 That portion of Construction Change Directives that the Architect determines, in the Architect’s professional judgment, to be reasonably justified; and .4 The Construction Manager’s Fee, computed upon the Cost of the Work described in the preceding Sections 11.1.7.1.1 and 11.1.7.1.2 at the rate stated in Section 6.1.2 or, if the Construction Manager’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work included in Sections 11.1.7.1.1 and 11.1.7.1.2 bears to a reasonable estimate of the probable Cost of the Work upon its completion. § 11.1.7.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201 –2017; .3 Any amount for which the Construction Manager does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Construction Manager intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201–2017; .5 The shortfall, if any, indicated by the Construction Manager in the documentation required by Section 11.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner’s auditors in such documentation; and .6 Retainage withheld pursuant to Section 11.1.8. § 11.1.8 Retainage § 11.1.8.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 23 (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) «Five percent (5%) » § 11.1.8.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) «General Conditions, Fee, Insurance and Bond Costs » § 11.1.8.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 11.1.8.1 is to be modified prior to Substantial Completion of the entire Work, insert provisions for such modification.) «Portions of the retained amount may be released for subcontracted work that has been completed , verified, and with prior written approval by the Owner, in accordance with Contract Documents, prior to substantial completion. Total retainage shall not be less than 5% until Substantial Completion is achieved and all required documentation, warranties, and close-out documents have been received and approved by Owner. » § 11.1.8.3 Except as set forth in this Section 11.1.8.3, upon Substantial Completion of the Work, the Construction Manager may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 11.1.8. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage, such as upon completion of the Owner’s audit and reconciliation, upon Substantial Completion.) « In accordance with Florida Statute §218.735, within 30 calendar days, or 45 days if over $10 million construction cost, of reaching substantial completion of the construction services, the Owner and Contractor shall work together to develop the single list of items and the estimated cost to complete each item on the list required to render complete, satisfactory, and acceptable the construction services purchased by the Owner.» § 11.1.9 If final completion of the Work is materially delayed through no fault of the Construction Manager, and the Construction Manager has demonstrated diligent efforts to complete the Work, the Owner shall pay the Construction Manager any additional amounts in accordance with Article 9 of AIA Document A201 –2017, provided that such additional amounts shall not exceed the actual documented costs incurred by the Construction Manager due to the delay . § 11.1.10 Except with the Owner’s prior written approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and suitably stored at the site. § 11.1.11 The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors, and the percentage of retainage held on Subcontracts shall be no less than that held by Owner on the prime contract. The Construction Manager shall execute subcontracts in accordance with those agreements and provide copies of all subcontracts to Owner upon request . § 11.1.12 In taking action on the Construction Manager’s Applications for Payment the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager for payment purposes, and such action shall not be deemed to be a representation that (1) the Architect has made a detailed examination, audit, or arithmetic verification, of the documentation submitted in accordance with Section 11.1.4 or other supporting data; (2) that the Architect has made exhaustive or continuous on-site inspections; or (3) that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits, and verification s, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the Owner. DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 24 § 11.2 Final Payment § 11.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when .1 the Construction Manager has fully performed the Contract, except for the Construction Manager’s responsibility to correct Work as provided in Article 12 of AIA Document A201 –2017, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect in accordance with Section 11.2.2.2. § 11.2.2 Within 30 days of the Owner’s receipt of the Construction Manager’s final accounting for the Cost of the Work, the Owner shall conduct an audit of the Cost of the Work or notify the Architect that it will not conduct an audit. § 11.2.2.1 If the Owner conducts an audit of the Cost of the Work, the Owner shall, within 10 days after completion of the audit, submit a written report based upon the auditors’ findings to the Architect. § 11.2.2.2 Within seven days after receipt of the written report described in Section 11.2.2.1, or receipt of notice that the Owner will not conduct an audit, and provided that the other conditions of Section 11.2.1 have been met, the Architect will either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect’s reasons for withholding a certificate as provided in Article 9 of AIA Document A201–2017. The time periods stated in this Section 11.2.2 supersede those stated in Article 9 of AIA Document A201–2017. The Architect is not responsible for verifying the accuracy of the Construction Manager’s final accounting. § 11.2.2.3 If the Owner’s auditors’ report concludes that the Cost of the Work, as substantiated by the Construction Manager’s final accounting, is less than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document A201–2017. A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager’s receipt of a copy of the Archi tect’s final Certificate for Payment. Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner’s auditors becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect’s final Certificate for Payment. § 11.2.3 The Owner’s final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect’s final Certificate for Payment, or as follows: « Final Payment - Within 20 business days after the single list of items is created in accordance with Florida Statute §218.735 as indicated in 11.1.8.3, upon receipt of a proper invoice or Application for Payment, the Owner shall pay the contractor the remaining contract balance that includes all retainage previously withheld by the Owner less an amount equal to 150 percent of the estimated cost to complete the items on the list, less any liquidated damages. Upon completion of all items on the list, the contractor may submit a payment request for the amount withheld by the Owner. If a good faith dispute exists as to whether one or more items identified on the list have been completed pursuant to the contract, the local governmental entity may continue to withhold up to 150 percent of the total costs to complete such items. If the Owner has provided written notice to the contractor specifying the failure of the contractor to meet contract requirements in the development of the list of items to be completed, the Owner must pay the contractor the remaining balance of the contract, less any items in dispute, less an amount equal to 150 percent of the estimated cost to complete the items that the local governmental entity intended to include on the list. » § 11.2.4 If, subsequent to final payment, and at the Owner’s request, the Construction Manager incurs costs, described in Sections 7.1 through 7.7, and not excluded by Section 7.9, to correct defective or nonconforming Work, the Owner shall reimburse the Construction Manager for such costs, and the Construction Manager’s Fee applicable thereto, on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If adjustments to the Contract Sum are provided for in Section 6.1.7, the amount of those adjustments shall be recalculated, taking into account any reimbursements made pursuant to this Section 11.2.4 in determining the net amount to be paid by the Owner to the Construction Manager. § 11.3 Interest DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 25 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) «In accordance with the Local Government Prompt Payment Act» ARTICLE 12 DISPUTE RESOLUTION § 12.1 Initial Decision Maker § 12.1.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 12 and Article 15 of A201–2017. § 12.1.2 Intentionally omitted. « » « » « » « » § 12.2 Binding Dispute Resolution For any Claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Document A201–2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ « » ] Arbitration pursuant to Article 15 of AIA Document A201–2017 [ «X » ] Litigation in a court of competent jurisdiction , either in Orange County Circuit Courts or the Orlando Middle District Federal Court with Florida law applying [ « » ] Other: (Specify) « » If the Owner and Construction Manager do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 13 TERMINATION OR SUSPENSION § 13.1 Termination Prior to Execution of the Guaranteed Maximum Price Amendment § 13.1.1 If the Owner and the Construction Manager do not reach an agreement on the Guaranteed Maximum Price, the Owner may terminate this Agreement upon not less than seven days’ written notice to the Construction Manager, and the Construction Manager may terminate this Agreement, upon not less than seven days’ written notice to the Owner. § 13.1.2 In the event of termination of this Agreement pursuant to Section 1 3.1.1, the Construction Manager shall be compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination. In no event shall the Construction Manager’s compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.3 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seven days’ written notice to the Construction Manager for the Owner’s convenience and without cause, and the Construction Manager may terminate this Agreement , upon not less than seven days’ written notice to the Owner, for the reasons set forth in Article 14 of A201–2017. § 13.1.4 In the event of termination of this Agreement pursuant to Section 13.1.3, the Construction Manager shall be equitably compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination. In no event shall the Construction Manager’s compensation under this Section exceed the compensation set forth in Section 5.1. DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 26 § 13.1.5 If the Owner terminates the Contract pursuant to Section 1 3.1.3 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid to the Construction Manager under Section 13.1.4: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager’s Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or, if the Construction Manager’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion ; and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. § 13.1.6 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager that the Construction Manager and Owner agree will be retained by the Owner and that is not otherwise included in the Cost of the Work under Section 13.1.5.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. § 13.1.6.1 If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase order or rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terminated, the Construction Manager will terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. § 13.2 Termination or Suspension Following Execution of the Guaranteed Maximum Price Amendment § 13.2.1 Termination The Agreement may be terminated by the Owner or the Construction Manager as provided in Article 14 of AIA Document A201–2017. § 13.2.2 Termination by the Owner for Cause § 13.2.2.1 If the Owner terminates the Agreement for cause as provided in Article 14 of AIA Document A201 –2017, the amount, if any, to be paid to the Construction Manager under Article 14 of AIA Document A201 –2017 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as follows: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager’s Fee, computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or, if the Construction Manager’ Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract the costs and damages incurred, or to be incurred, by the Owner under Article 14 of AIA Document A201–2017. § 13.2.2.2 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager that the Construction Manager and Owner agree will be retained by the Owner and that is not otherwise included in the Cost of the Work under Section 13.2.2.1.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. § 13.2.3 Termination by the Owner for Convenience DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 27 If the Owner terminates the Contract for convenience in accordance with Article 14 of AIA Document A201 –2017, then the Owner shall pay the Construction Manager actual documented costs incurred up to the date of termination, plus reasonable demobilization costs, as follows: (Insert the amount of or method for determining the fee, if any, payable to the Construction Manager following a termination for the Owner’s convenience.) «.1 Sum the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager’s Fee, computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or, if the Construction Manager’ Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner. *Not applicable to Preconstruction Phase Services.» § 13.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 –2017; in such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Article 14 of AIA Document A201– 2017, except that the term “profit” shall be understood to mean the Construction Manager’s Fee as described in Sections 6.1 and 6.3.5 of this Agreement. ARTICLE 14 MISCELLANEOUS PROVISIONS § 14.1 Terms in this Agreement shall have the same meaning as those in A201–2017. Where reference is made in this Agreement to a provision of AIA Document A201 –2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents . § 14.2 Successors and Assigns § 14.2.1 The Construction Manager binds itself, its partners, successors, assigns and legal representatives to all covenants, agreements, and obligations contained in the Contract Documents . The Construction Manager shall not assign the Agreement as a whole without written consent of the Owner. Any attempted assignment without such consent shall be void. The Owner may freely assign this Agreement to any governmental entity or authority . § 14.2.2 The Owner may, without consent of the Construction Manager, assign the Contract to a ny governmental entity, authority, or lender providing construction financing for the Project. The Construction Manager shall execute all consents required to facilitate any such assignment within five (5) business days of request. § 14.3 Insurance and Bonds § 14.3.1 Preconstruction Phase The Construction Manager shall maintain the following insurance for the duration of the Preconstruction Services performed under this Agreement 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 Ch. 440, Florida Statutes. § 14.3.1.1 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. § 14.3.1.2 Workers’ Compensation Insurance: The Contractor shall obtain during the life of this Agreement, Worker’s Compensation Insurance with Employer’s Liability Limits of $500,000/$500,000/$500,000 for all the Contractor’s employees connected with the work of this project and, in the event an y work is sublet, the Contractor shall require the subcontractor similarly to provide Workers’ Compensation Insurance for all of the latter’s employees unless such DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 28 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. § 14.3.1.3 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, i ncluding 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 o r indirectly employed by the Contractor, and the amounts of such insurance shall be the minimum limits as follows: § 14.3.1.4 Automobile Bodily Injury Liability & Property Damage Liability • $1,000,000 Combined single limit per occurrence (each person, each accident) • All covered automobiles 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 § 14.3.1.5 Comprehensive General Liability (Occurrence Form) • $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 § 14.3.1.6 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. § 14.3.1.7 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 b ecause 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. § 14.3.1.8 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 § 14.3.1.9 Commercial Umbrella • $5,000,000 Use of an Excess/Umbrella policy shall be acceptable if the level of protection provided by the policy is equal to or more comprehensive than the primary general liability policy. Quote and limits to be provided at Construction Phase GMP Coverage shall equal 100% of the completed value of the structure, including all materials and equipment to be incorporated into the Work, whether stored on -site or off-site. Coverage shall be on a replacement cost basis with no coinsurance penalty provisions. § 14.3.1.10 Builders Risk • $5,000,000 DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 29 Use of an Excess/Umbrella policy shall be acceptable if the level of protection provided by the policy is equal to or more comprehensive than the primary general liability policy. Quote and limits to be provided at Construction Phase GMP Coverage shall equal 100% of the completed value of the structure, including all materials and equipment to be incorporated into the Work, whether stored on -site or off-site. Coverage shall be on a replacement cost basis with no coinsurance penalty provisions. § 14.3.1.11 Professional Liability covering negligent acts, errors and omissions in the performance of professional services, with policy limits of not less than Five Million Dollars ($5,000,000) per claim and Five Million Dollars ($5,000,000) annual aggregate. Coverage shall be maintained for a period of not less than five (5) years following completion of the Project. The deductible shall not exceed $100,000 without prior written app roval from the City. § 14.3.1.7 Additional Insured Obligations. The Construction Manager shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner , its officers, employees, and agents as additional insureds for claims arising out of or relating to the Construction Manager's work, operations, or presence at the project site, including but not limited to claims caused in whole or in part by the Construction Manager’s acts or omissions. The additional insured coverage shall be primary and non -contributory to any of the Owner’s insurance policies and shall apply to both ongoing and completed operations. § 14.3.1.8 The Construction Manager shall provide certificates of insurance and complete copies of all insurance policies, including all endorsements, to the Owner that evidence compliance with the requirements in this Section 14.3.1. Certificates and policies shall be provided at least 30 days prior to commencement of work and upon each renewal thereafter. § 14.3.2 Construction Phase After execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall purchase and maintain insurance as set forth above, and incorporated into Exhibit B, Insurance and Bonds, and elsewhere in the Contract Documents. A133–2019 Exhibit B and any other insurance requirements will be added to the Contract with the Guaranteed Maximum Price Amendment. § 14.3.2.1 The Construction Manager shall provide bonds on the forms provided by Owner in the RFQ Document or Exhibit B, and elsewhere in the Contract Documents. § 14.4 Notice in electronic format, pursuant to Article 1 of AIA Document A201 –2017, may be given in accordance with AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below, provided that any notice of claim, dispute, termination, or material breach must also be delivered in hard copy to the Owner's designated representative via certified mail or overnight courier : (If other than in accordance with AIA Document E203–2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) « » § 14.5 Other provisions: « » ARTICLE 15 SCOPE OF THE AGREEMENT § 15.1 This Agreement, together with the documents incorporated by reference herein, represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. In the event of any conflict between the terms of this Agreement and any incorporated documents, this Agreement shall control. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 30 § 15.2 The following documents comprise the Agreement: .1 AIA Document A133™–2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price (as modified by the parties) .2 AIA Document A133™-2019, Exhibit A, Guaranteed Maximum Price Amendment, if executed and as modified by the parties .3 Exhibit B, Insurance and Bonds, Insurance as referenced in Section 14.3 above Exhibit B-1 Performance Bond Exhibit B-2 Statutory Payment Bond .4 Exhibit C, Construction Manager’s Wage Rates, as referenced in Section 7.2.2 above .5 Exhibit D, Truth-in-Negotiation Certificate .6 Exhibit E, Construction Manager's Personnel During Pre-Construction/Design Phases .7 Exhibit F, Construction Manager's Personnel During Construction Phase .8 Exhibit G, Certificate of Substantial Completion .9 Exhibit H, Application and Certification for Payment Form .10 Exhibit I, Final Payment Request Checklist .11 Exhibit J, Construction Manager’s Affidavit of Contract Completion .12 Exhibit K, Contract Drawings & Specifications .13 Exhibit L, Clarifications, Assumptions, Exclusions and Allowances .14 Exhibit M, Schedule of Values .15 AIA Document A201™–2017, General Conditions of the Contract for Construction (as modified by the parties) .16 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this Agreement.) « » .17 Other Exhibits: (Check all boxes that apply.) [ « » ] AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, dated as indicated below: (Insert the date of the E234-2019 incorporated into this Agreement.) « » [ « » ] Supplementary and other Conditions of the Contract: DR A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:46 ET on 02/08/2024 under Order No.2114499917 which expires on 01/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1918972533) 31 Document Title Date Pages .7 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201–2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Construction Manager’s bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) « The Terms and Conditions of RFP #25-009 Construction Manager at Risk for the New Ocoee Fire Station #38 Facility, including all exhibits and addenda, are incorporated into this agreement by reference. Construction Manager’s Response to RFP #25-009 is incorporated into this agreement by reference. Construction Manager’s Pre-Construction Services Proposal including Construction Manager’s Compensation, prior to execution of the GMP Amendment » This Agreement is entered into as of the day and year first written above. OWNER: CITY OF OCOEE, FLORIDA CONSTRUCTION MANAGER: __________________ OWNER (Signature) CONSTRUCTION MANAGER (Signature) « Honorable Mayor, Rusty Johnson »« » « »« » (Printed name and title) (Printed name and title) ATTEST: BY: Melanie Sibbitt, City Clerk (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 __________, 2025, UNDER AGENDA this ___ day of _____________2025. ITEM . FISHBACK DOMINICK BY: ________________________ Richard S. Geller, Esq., City Attorney EXHIBIT A AIA DOCUMENT A133™-2019, EXHIBIT A, GUARANTEED MAXIMUM PRICE AMENDMENT, IF EXECUTED AND AS MODIFIED BY THE PARTIES EXHIBIT B INSURANCE AND BONDS INSURANCE 1. The insurance requirements referenced in Section 14.3 are incorporated into this Exhibit B. 2. BONDS 1. Construction Manager shall furnish the City with a State of Florida 100% Performance and a 100% Statutory Payment Bond written by a Surety Company acceptable to the City in a form substantially similar to that attached hereto as Exhibit B-1 and B-2. 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. 2. 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. 3. Section 255.05, Florida Statues, shall apply to this contract. Once Construction Manager receives the fully executed contract and dated Bonds, Construction Manger shall record the Performance and Statutory Payment Bonds with the public records of Orange County. Construction Manger shall provide the City with a certified copy of the recorded Bonds before the City can issue the Notice to Proceed or make any payment for this project. EXHIBIT B-1 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 JL2 Architecture, LLC, 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. 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. EXHIBIT B-2 Statutory Payment Bond Pursuant to Florida Statutes, 255.05, et seq. KNOW ALL MEN BY THESE PRESENTS, THAT ______________________________ (hereinafter called the “Principal”), as Principal, and ________________________________, a corporation organized and existing under the laws of the State of _______________, hereinafter called the “Surety”), as Surety, are held and firmly bound unto the City of Ocoee, Florida, (hereinafter called the “Obligee"), by bond number ________________ in the sum of _________________________________________________________ Dollars and ____Cents ($ ), for the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written Contract with the Obligee dated , 20____ to perform, as Contractor, in accordance with the Contract and Contract Documents, which Contract and Contract Documents are hereby incorporated herein by reference. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal promptly makes payments to all claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Principal and the Surety agree that this Bond shall inure to the benefit of all claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in said Contract, and that any such claimant may maintain an independent action upon this Bond in its own name. The provisions of Florida Statutes, Section 255.05, et seq. are hereby incorporated herein by reference and made a part of this payment bond including, but not limited to, the notice and time limitation provisions in subsection (2). Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this _______ day of , 20__, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (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 EXHIBIT C CONSTRUCTION MANAGER’S WAGE RATES, AS REFERENCED IN SECTION 7.2.2 EXHIBIT D 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: FIRM:_____________________________ BY: Print Name: Title: STATE OF FLORIDA } COUNTY OF } [ ]Personally appeared [ ] appeared by way of online notarization before me, the undersigned authori- ty, , [ ] well known to me or [ ] who has produced 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: EXHIBIT E SAMPLE: To Be Completed per Project Assignment CONSTRUCTION MANAGER'S PERSONNEL DURING PRE-CONSTRUCTION/DESIGN PHASE Name Title Duration (Months) Percentage Off-Site Staff On-Site Staff EXHIBIT F 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 EXHIBIT G SAMPLE: To Be Completed per Project Assignment CERTIFICATE OF SUBSTANTIAL COMPLETION Project: New Fire Station #38 Facility RFQ No. 25-009 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 ARCHITECT, 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. 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: Executed by OWNER on , 20 ___. (OWNER) By The CONTRACTOR accepts this Certificate of Substantial Completion on: , 20 . (Contractor) By END OF SECTION EXHIBIT H 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 #25-009 Project Name: Construction Manager at Risk for New Fire Station #38 Facility 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 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 OR [ ] appeared by online notarization __________________________, who is [ ] known to me OR [ ] produced identification , 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 EXHIBIT I SAMPLE Final Payment Request Check List Items to be submitted with General Contractor's Request for Final Payment 1. Pay Request (1 copy with original signatures and original seals, noted as FINAL) 2. Final Schedule of Contract Values 3. Consent of Surety to make Final Payment (signed and sealed) 4. Power of Attorney from Surety for Release of Final Payment (signed, sealed and dated same as Consent of Surety) 5. Affidavit of Contract Completion (Exhibit D) 6. Satisfactory Conclusion or Release of Lien from all Subcontractors or laborers who have filed Intent to Lien or have indicated non-payment from the General Contractor 7. Construction Manager's Guarantee of Construction for one (1) year from the date of Substantial Completion 8. Copy of the approval by Architect 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 EXHIBIT J SAMPLE Final Completion CONSTRUCTION MANAGER’S AFFIDAVIT OF CONTRACT COMPLETION OWNER: City of Ocoee PROJECT: New Fire Station #38 Facility CONSTRUCTION MANAGER: CONTRACT FOR: RFQ 25-009 Construction Manager at Risk for New Fire Station #38 Facility 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 OR [ ] appeared by way of online notarization___________________ [ ] known to me OR [ ] produced ____________________ as identification, to be the ____________________ of ____________________, who, being by me duly sworn, subscribed to the foregoing affidavit in my presence. WITNESS my hand and official seal this day of , 20 . NOTARY PUBLIC Print Name: My Commission Expires: EXHIBIT K CONTRACT DRAWINGS & SPECIFICATIONS To be completed at Final GMP EXHIBIT L CLARIFICATIONS, ASSUMPTIONS, EXCLUSIONS AND ALLOWANCES To be completed at Final GMP EXHIBIT M SCHEDULE OF VALUES DR A F T DRAFT AIA® Document A201® – 2017 General Conditions of the Contract for Construction AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. For guidance in modifying this document to include supplementary conditions, see AIA Document A503™, Guide for Supplementary Conditions. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. for the following PROJECT: (Name and location or address) «New Ocoee Fire Station #38 Facility » « This Project will be a new, approximately 7,500sf, 3-bay fire station located on N. Lakewood Ave between 2nd Ave and Banyan Blvd., Ocoee, FL 34761. » THE OWNER: (Name, legal status and address) «City of Ocoee, » «1 N. Bluford Ave.» «Ocoee, FL 34761» «a Florida municipal corporation » THE ARCHITECT: (Name, legal status and address) JL2 Architecture 1678 Kingston Rd. Longwood, FL 32750 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 2 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 3 INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9.10 Approvals 2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2 Architect’s Additional Services and Expenses 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect’s Administration of the Contract 3.1.3, 3.7.4, 15.2, 9.4.1, 9.5 Architect’s Approvals 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect’s Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect’s Copyright 1.1.7, 1.5 Architect’s Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Architect’s Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect’s Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 Architect’s Interpretations 4.2.11, 4.2.12 Architect’s Project Representative 4.2.10 Architect’s Relationship with Contractor 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Architect’s Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 Architect’s Representations 9.4.2, 9.5.1, 9.10.1 Architect’s Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Asbestos 10.3.1 Attorneys’ Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 4 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Change Orders 1.1.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.2, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 14.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor’s 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 5.4.2, 11.5, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.3.6, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor’s Construction and Submittal Schedules 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 5 Contractor’s Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1 Contractor’s Liability Insurance 11.1 Contractor’s Relationship with Separate Contractors and Owner’s Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor’s Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor’s Relationship with the Architect 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractor’s Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor’s Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor’s Review of Contract Documents 3.2 Contractor’s Right to Stop the Work 2.2.2, 9.7 Contractor’s Right to Terminate the Contract 14.1 Contractor’s Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor’s Superintendent 3.9, 10.2.6 Contractor’s Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Digital Data Use and Transmission 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor’s 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1 Equipment, Labor, or Materials 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 6 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner’s 2.2.1, 13.2.2, 14.1.1.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor’s Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner’s Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic’s Lien 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1, 15.4.1.1 DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 7 Minor Changes in the Work 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor’s 3.2, 3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 13.2.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner’s Authority 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner’s Insurance 11.2 Owner’s Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner’s Right to Carry Out the Work 2.5, 14.2.2 Owner’s Right to Clean Up 6.3 Owner’s Right to Perform Construction and to Award Separate Contracts 6.1 Owner’s Right to Stop the Work 2.4 Owner’s Right to Suspend the Work 14.3 Owner’s Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 8 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements 1.1.1 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor’s Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Architect’s 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and Testing 4.2.6, 12.2.1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 9 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub-subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Time Limits 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 15.1.2, 15.1.3 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1, 1.5, 2.3.6, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2 Weather Delays 8.3, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 10 ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sa mple forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, the Contractor’s qualifications or clarifications (to the extent they conflict with the Contract Documents and have not been explicitly made part of the Contract Documents by agreement of the Owner), or portions of Addenda relating to bidding or proposal requirements. § 1.1.2 The Contract The Contract Documents form the Contract for Construction (also referred to as the “Agreement). The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect’s consultants, (2 ) between the Owner and a Subcontractor or a Sub-subcontractor of the Contractor except as set forth in Section 5.3 and Section 5.4, (3) between the Owner and the Architect or the Architect’s consultants, or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect’s duties. § 1.1.3 The Work The term “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 The Project The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors. § 1.1.5 The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. § 1.1.6 The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 Instruments of Service Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. § 1.1.9 Contractor’s Knowledge The terms “knowledge”, “recognize”, and “discover”, their respective derivatives, and similar terms in the Contract Documents as used in reference to the Contractor, shall be interpreted to mean facts and information the Contractor DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 11 knows or reasonably should know, recognizes or reasonably should recognize, and discovers or reasonably should discover in exercising the care, skill, and diligence required by the Contract Documents. The term “reasonably inferable” and similar terms in the Contract shall mean reasonably inferable by a contractor familiar with the Project and exercising the due care, skill, and diligence required of a Contractor by the Contract Documents. § 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. In the event that the Contractor is, or should be, aware of inconsistencies within or between parts of the Contract Documents, or between the Contract Documents and applicable standards, codes , and ordinances, the Contractor shall (i) provide the better quality or greater quantity of Work or (ii) comply with the more stringent requirement; either or both in accordance with the Architect’s interpretation. The terms and conditions of this Section 1.2.1, however, shall not relieve the Contractor of any of the obligations set forth in Sections 3.2 and 3.7. § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Contract. Any court having proper jurisdiction over the subject matter and the parties that is called on to interpret or adjudicate the Contract Documents may, upon determining a provision or provisions invalid, illegal, or unenforceable, adjudicate and order the revision of the offending provision(s) in accordance with this Section 1.2.1.1. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. Instructions and other information furnished in the Specifications including, without limitation, items in connection with prefabricated or pre-finished items, are not intended to supersede work agreements between employers and employees. Should the Specifications conflict with such work agreements, the work agreements shall be followed, provided such items are provided and finished as specified. If necessary, such Work shall be performed on the Project site, instead of at the shop, by appropriate labor and i n accordance with the requirements of the Drawings and Specifications. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. .1 Whenever a product is specified in accordance with a Federal Specification, and ASTM Standard, an American National Standards Institute Specification, or other Association Standard, the Contractor shall present an affidavit from the manufacturer when requested by the Architect or required in the Specifications, certifying the product adheres to and is in compliance with the Project Specifications. When requested by the Architect or specified, support test data shall be submitted to substantiate compliance. .2 Whenever a product is specified or shown by describing proprietary items, model numbers, catalog numbers, manufacturer, trade names, or similar reference, no substitutions may be made unless accepted prior to execution of the Contract or if accepted as a Change in the Work in accordance with Section 3.4.4. Where two or more products are shown or specified, the Contractor has the option to use either of those shown or specified. § 1.2.4 In cases of discrepancy concerning dimensions, quantities, and locations, the Drawings shall take precedence over the Specifications. Explanatory notes on the Drawings shall take precedence over conflicting drawing indications; large-scale details shall take precedence over scaled measurements. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles, or (3) the titles of other documents published by the American Institute of Architects. DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 12 § 1.4 Interpretation §1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. §1.4.2 If Drawings and Specifications are not in concurrence regarding quantities or quality, Contractor shall request interpretation from Architect. §1.4.3 Drawings are generally to scale; however, they should not be scaled to determine dimensions. Symbols are used to indicate connections, fittings, and fastenings included as part of the Work. Diagrammatic indications of piping, ducts, conduit, and other similar items are subject to adjustment to ob tain required grading, passage over, under or around obstructions to avoid exposure in finished areas, or unsightly, obstructing conditions. The Contractor shall be responsible for recommending alternate solutions whenever design details affect construction feasibility, costs, or schedules. §1.4.4 All indications or notations that apply to one of a number of similar situations, materials, or processes shall be deemed to apply to all such situations, materials, or processes, wherever they appear in the Work, except where a contrary result is clearly indicated by the Contract Documents. §1.4.5 All manufactured articles, materials, and equipment shall be incorporated into the Work in accordance with the manufacturer’s written or printed directions and instructions unless otherwise indicated in the Contract Documents. § 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service § 1.5.1 The Owner shall be deemed the owner of the Architect’s and the Architect’s consultants’ Instruments of Service, including the Drawings and Specifications, and retain all common law, statutory, and other reserved rights , excluding copyrights, which remain with the Architect and/or the Architect’s consultants . The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Servic e. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner, Architect, and the Architect’s consultants. § 1.6 Transmission of Data in Digital Form If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. § 1.6.1 Where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission if a method for electronic transmission is set forth in the Agreement. § 1.7 Confidentiality § 1.7.1 The Contractor warrants and represents that the Contractor shall not knowingly or negligently communicate or disclose at any time to any person or entity any information in connection with the Work or the Project, except (i) with the prior written consent of the Owner, (ii) information that was in the public domain prior to the date of this Agreement, (iii) information that becomes part of the public domain by publication or otherwise not due to any unauthorized act or omission of the Contractor, or (iv) as may be required to perform the Work or by any applicable law, including the Record set of the Drawings, Specifications, and other documents which the Contractor is permitted to retain under Section 1.5 above. Specific information shall not be deemed to fall within the scope of the DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 13 foregoing exceptions merely because it is embraced by more generic information that falls within the scope of one or more of those exceptions. The Contractor shall not disclose to others that specific information was received from the Owner even though it falls within the scope of one or more of those exceptions. The Contractor acknowl edges and agrees that the existence of the Owner’s particular interests and plans in the geographical area of the Project is a type of such specific information. In the event that the Contractor is required by any court of competent jurisdiction or legally constituted authority to disclose any Owner Information, prior to any disclosure thereof, the Contractor shall notify the Owner and shall give the Owner the opportunity to challenge any such disclosure order or to seek protection for those portions that it regards as confidential . § 1.7.2 The Contractor, at any time upon the request of the Owner, shall immediately return and surrender to the Owner all copies of any materials, records, notices, memoranda, recordings, drawings, specifications, mock -ups, and any other documents furnished by the Owner or the Architect to the Contractor. § 1.7.3 The Contractor shall cause all Subcontractors or any other person or entity performing any services, or furnishing any materials or equipment, for the Work to warrant and represent all items set forth in this Section 1.7. § 1.7.4 The representations and warranties contained in this Section 1.7 shall survive the complete performance of the Work or earlier termination of this Agreement. § 1.7.5 Any and all inventions and discoveries, whether or not patentable, conceived or made by the Contractor as a result of the Contractor’s discussions with the Owner or performance of the Work which are based substantially on the Owner’s proprietary information, shall be and shall become the sole and exclusive property of the Owner. The Contractor agrees to disclose fully and promptly to the Owner all such inventions and discoveries. Upon request by the Owner, the Contractor agrees to assign such inventions and discoveries to the Owner or cause them to be so assigned by its personnel. Further, the Contractor shall execute, or cause to be executed by its personnel, all applications, assignments, or other instruments which the Owner may deem reasonably necessary in order to enable the Owner at its expense, to apply for, prosecute, and obtain patents in any country for said inventions and discoveries, or in order to assign and transfer to the Owner the entire right, title, and interest thereto. § 1.8 Building Information Models Use and Reliance Except as set forth in Section 3.1.3.1 of the Agreement, any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203 ™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202 ™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sol e risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term “Owner” means the Owner or the Owner’s authorized representative. § 2.1.2 The Owner shall furnish to the Contractor, within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic’s lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner’s interest therein. § 2.2 Evidence of the Owner’s Financial Arrangements § 2.2.1 Prior to commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 14 make payment when due. The Owner shall furnish such evidence as a condition precedent to the commencement or continuation of the Work, or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.3 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, and except where otherwise specifically indicated in the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture, or an entity lawfully practicing architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 2.3.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.3.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services. § 2.3.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.4 Owner’s Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated and without penalty or incurring additional costs; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.5 Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor may result in the Architect, pursuant to Section 9.5.1, withholding or nullifying a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect, or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. § 2.6 Extent of Owner Rights § 2.6.1 The rights stated in this Contract are cumulative and do not limit any rights of the Owner granted in the Contract Documents, at law, or in equity. § 2.6.2 In no event shall the Owner have control over, charge of, or any responsibility for construction means, methods, techniques, sequences, or procedures or for safety precautions and programs in connection with the Work, notwithstanding any of the rights and authority granted the Owner in the Contract Documents. DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 15 ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 The Contractor is the person or entity identified as such , or as the Construction Manager, in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term “Contractor” means the Contractor or the Contractor’s authorized representative. When this AIA Document A201–2017 is used in conjunction with A133–2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, the term “Contractor” shall also mean the Construction Manager, and may be used interchangeably herein. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. All proposed changes must be submitted to the Owner and the Architect for review and approval. § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.1.4 Direct communication between the Owner and the Contractor that affect the performance or administration of the Contract shall be made or confirmed in writing with copies forwarded to the Architect. For the purposes of this section, direct written communication shall include, without limitation, communication by hand delivery, regular mail, fax, or email. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has thoroughly and carefully inspected the Contract Documents, the site, and (if any) existing, adjacent, or nearby building(s), become familiar with local conditions (including, without limitation, generally prevailing climatic conditions, anticipated labor supply and costs, availability and cost of materials, tools, and equipment, and similar issues) under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. The Contractor specifically acknowledges and agrees that it has reviewed the visible site and conditions at the site and the Contract Sum has been based on such information. The Owner assumes no responsibility or liability for the physical condition or safety of the Project site, or any improvements located on the Project site. Except as set forth in Section 10.3, the Contractor shall be solely responsible for providing a safe place for the performance of the Work. The Owner shall not be required to make any adjustment in either the Contract Sum or the Contract Time in connection with any failure by the Contractor or any Subcontractor to have complied with the requirements of this Section 3.2.1. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordinat ion and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the design information contained in the Contract Documents; however, the Contractor shall promptly report to the Architect and the Owner any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. .1 The exactness of grades, elevations, dimensions, existing utilities, or locations given on any Drawings issued by the Architect, or work installed by other contractors, is not guaranteed by the Architect, or the Owner. .2 The Contractor shall, therefore, satisfy itself as to the accuracy of all grades, elevations, dimensions, existing utilities, and locations. In all cases of interconnections of the Work with existing or other work, the Contractor shall verify at the site all dimensions relating to such existing or other work. Any errors due to the Contractor’s failure to so verify all such grades, elevations, dimensions, or locations shall be promptly rectified by the Contractor without any additional cost to the Owner . DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 16 § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report, in writing, to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Owner or the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.2.5 Before ordering any Products, the Contractor shall verify all measurements at the site and shall be responsible for the correctness of same. The Architect and the Owner shall not be responsible for the scaling of the Drawings. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequ ences, or procedures, the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techn iques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner and Architect, and shall not proceed with that portion of the Work without further written instructions from the Architect . The Contractor shall have a supervisor on-site at all times that Work is being performed, whether by the Contractor’s own personnel or by any of its Subcontractors. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.3.4 The Contractor shall prepare weekly construction activity reports stating the work performed each day. Copies of these reports shall be provided weekly to the Architect and Owner. The Contractor must also organize and facilitate a weekly safety meeting for which documentation shall be forwarded to the Owner . § 3.3.5 The Contractor shall bear the cost of repairing any water, gas or sewer line, or any telephone, telegraph, data, communications, electric, or other wire or cable broken, damaged, or cut by the Contractor, Subcontractor, or any of their respective workmen that Contractor, any Subcontractor, or any of their respective workmen knew or should have known existed in roughly the effected location prior to the break or cut . § 3.3.6 Lot lines and permanent benchmarks have been established as indicated on Drawings. Contractor shall be responsible for the layout of the Project according to Drawings with respect to location on the property and elevation in relation to grade. § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 17 § 3.4.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. If the Contractor desires to submit an alternate product or method in lieu of what has been specified or shown in the Contract Documents, the following prov isions shall apply: .1 The Contractor must submit to the Architect and the Owner (i) a full explanation of the proposed substitution and submittal of all supporting data, including technical information, catalog cuts, warranties, test results, installation instructions, operating procedures, and other like information necessary for a complete evaluation of the substitution; (ii) a written explanation of the reasons the substitution is advantageous and necessary, including the benefits to the Owner and the Work in the event the substitution is acceptable; (iii) the adjustment, if any, in the Contract Sum, in the event the substitution is acceptable; (iv) the adjustment, if any, in the time of completion of the Contract and the construction schedule in the event the substitution is acceptable; and (v) an affidavit stating that (a) the proposed substitution conforms to and meets all the requirements of the pertinent Specifications and the requirements shown on the Drawings, and (b) the Contractor accepts the warranty and correction obligations in connections with the proposed substitution as if originally specified by the Architect. Proposals for substitutions shall be submitted in triplicate to the Architect in sufficient time to allow the Architect no less than ten (10) working d ays for review. No substitutions will be considered or allowed without the Contractor’s submittal of complete substantiating data and information as stated hereinbefore. .2 Substitutions and alternates may be rejected without explanation and will be considered only under one or more of the following conditions: (i) the proposal is required for compliance with interpretation of code requirements or insurance regulations then existing; (ii)specified products are unavailable through no fault of the Contractor; (iii) subsequent information discloses the inability of specified products to perform properly or to fit in the designated space; (iv) the manufacturer/fabricator refuses to certify or guarantee the performance of the specified product as required; and (v) when in the judgment of the Owner or Architect, a substitution would be substantially in the Owner’s best interest, in terms of cost, time or other considerations. .3 Whether or not any proposed substitution is accepted by the Owner or the Architect, the Contractor shall reimburse the Owner for any fees charged by the Architect or other consultants for evaluating each proposed solution. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.4.4 The Contractor shall only employ or use labor in connection with the Work capable of working harmoniously with all trades, crafts, and any other individuals associated with the Project. The Contractor shall also use best efforts to minimize the likelihood of any strike, work stoppage, or other labor disturbance. .1 If the Work is to be performed by trade unions, the Contractor shall make all necessary arrangements to reconcile, without delay, damage, or cost to the Owner and without recourse to the Architect or the Owner, any conflict between the Contract Documents a nd any agreements or regulations of any kind at any time in force among members or councils that regulate or distinguish the activities that shall not be included in the work of any particular trade. .2 In case the progress of the Work is affected by any undue delay in furnishing or installing any items or materials or equipment required under the Contract Documents because of such conflict involving any such labor agreement or regulations, the Owner may require that other material or equipment of equal kind and quality be provided pursuant to a Change Order or Construction Change Directive . § 3.4.5 The Contractor shall honor any applicable laws regarding employee minimum wages or minimum ages . § 3.4.6 Any materials stored off-site with cost included in requests for payment must be insured at 100 percent of value. § 3.4.7 After the Contract has been executed, the Owner and the Architect will consider a formal request for the substitution of products in place of those specified only under the conditions set forth in the Specifications. A DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 18 request for substitution shall be evaluated by the Owner, Architect and Contractor, and the substitution shall be recommended if beneficial to the Project and accepted only if approved in writing by Owner . § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usag e. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 Unless differing time periods are set forth otherwise in the Specifications more burdensome to Contractor, the Contractor shall furnish a written warranty covering the Work constructed or installed hereunder for the repair or replacement of any defective material or faulty workmanship, without cost to the Owner, from the date of acceptance by the Owner and the Architect for the time periods and in the areas of the Work as indicated below. Acceptance will be considered the date of Substantial Completion. .1 General Work: One (1) year. .2 Special Warranties: as described in various specification sections. .3 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner and in the name of subsidiaries of the Owner listed in the Contract Documents as additional insured, third-party beneficiaries, or as owners of the real property and improvements that are the subject of the Agreement and Work, or shall be transferable to the Owner or the aforementioned subsidiaries, and shall commence in accordance with Section 9.8.4 . § 3.6 Taxes The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 Permits, Fees, Notices and Compliance with Laws § 3.7.1 The Contractor shall secure, pay for, and, as soon as practicable, furnish the Owner with copies or certificates of all permits and fees, licenses, and inspections necessary for the proper execution and completion of the Work , including any building permits, right-of-way permits, and any other permit necessary to commence construction. All connection charges, assessments, or inspection fees as may be imposed by any municipal agency or utility company are included in the Contract Sum and shall be th e Contractor’s responsibility unless identified in Contractor’s Qualifications and Assumptions in the GMP Amendment to be the responsibility of others . § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materia lly different from DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 19 those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor, stating the reasons. If either party disputes the Architect’s determination or recommendation, that party may submit a Claim as provided in Article 15. § 3.7.4.1 The Contractor warrants to Owner that it has carefully examined the surface of the site and has made sufficient review of provided geotechnical report(s) and surveys, if applicable. The Contractor further acknowledges that all Contract Documents have been read and carefully considered by the Co ntractor, who understands them. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspen d such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains o r features may be made as provided in Article 15. § 3.8 Allowances § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor’s costs for unloading and handling at the site, labor, installation costs, and other expenses contemplated for stated allowance amounts shall be included in the allowances; and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2, and shall be accompanied by a detailed breakdown of labor, materials, subcontractor costs, and profits in the same manner as required for a Change Order, including such other information that the Owner may request to allow the Owner to verify the reasonableness of the costs to be expended. .4 All items identified as an allowance in any proposed quotation, proposal, estimate, GMP Proposal, or other similar document submitted by the Contractor to the Owner (“Contractor Notice of Allowance”) represent a budget established to pay for Work with an undefined or insufficiently defined scope. The Contractor acknowledges and agrees that the allowances are not only an estimated amount that is representative of the Contractor’s understanding of the Work to be performed, but the Contractor also covenants to use commercially reasonable efforts to complete the Work representing the allowance without exceeding the amount of the allowance. .5 when any item is to be identified as an allowance by the Contractor in a Contractor Notice of Allowance, the Contractor agrees to include within that Contractor Notice of Allowance: .a a detailed narrative description of why an allowance is required, including identification of where and what further scope definition and clarification is needed; .b an explanation with specific identification of what efforts have been made or will be made by the Contractor to resolve any incomplete pricing or scope information needed with the Architect, through and with coordination by the Contractor with the Owner, or, if applicable, with the governmental authority or public entity having jurisdiction; and .c the identification of a specific number of calendar days, not to exceed one hundred fifty (150) unless approved by the Owner in writing in advance, approval of which will not be unreasonably withheld, after the date of submission of the Contractor Notice of Allowance that the allowance will be removed and will be converted and priced as a Cost of Work item and copy of same submitted to the Owner. DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 20 .6 Contractor agrees that not less than sixty (60) days after the commencement date of the Work of the Project, and during each thirty (30) day period thereafter until each allowance is converted and priced as a Cost of the Work, and approved by the Owner, the Contractor shall compile, prepare, and furnish to the Owner a comprehensive written status report updating each Contractor Notice of Allowance, which shall include the most current information for each allowance either not yet priced as a Cost of Work item or identified as an allowance in the General Requirements, as set forth in Section 3.8.2.5 above. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 Superintendent § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintenden t shall be as binding as if given to the Contractor. § 3.9.2 Unless otherwise agreed in writing, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the name and qualifications of a proposed superintendent. Within 30 days of receipt of the information, the Architect or the Owner may notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed superintendent or (2) requires additional time for review. Failure of the Architect or the Owner to provide notice within the 30-day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld or delayed. § 3.10 Contractor’s Construction and Submittal Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, if and when the GMP proposal submitted by the Contractor is approved by the Owner, but not later than the time the GMP Amendment approved by the Owner is executed and is annexed to the Contract Documents where applicable, shall submit for the Owner’s and Architect’s information a Contractor’s construction schedule for the Work. In addition to the requirements herein, the schedule shall contain detail appropriate for the Project, including (1) the date of commencement of the Work, interim schedule milestone dates, and the date of Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. The schedule shall be related to the entire Project, to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work . § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, shall submit a submittal schedule for the Architect’s approval. The Architect’s approval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, or fails to provide subm ittals in accordance with the approved submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.10.4 The construction schedules shall be in a detailed precedence-style critical path management (CPM) format satisfactory to the Owner, and as described in this Section 3.10, that shall set forth dates that are critical in ensuring the timely and orderly completion of the Work in accordance with the requirements of the Contract Documents. All construction schedules must be compatible with Primavera project planner software, version 6.0 or later, or as otherwise directed in writing by the Owner. It is the Contractor's responsibility to ascertain the software compatibility with the Owner. The Contractor understands and agrees that upon request by the Owner, the Contractor shall promptly, in not less than five (5) days, disclose and produce to the Owner all electronic data files DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 21 in native format created by the Contractor using scheduling software for the Project so the Owner may evaluate the overall schedule, including, but not limited to evaluating any Contractor’s as -planned versus as-built schedule, evaluating any impacts or delays to the Project, and for other related uses as determined by the Owner. The Contractor will monitor the progress of the Work for conformance with the requirements of the construction schedule and will promptly advise the Owner of any delays or potential delays. The construction schedule will be updated as set forth in Section 3.10 or upon the request of the Owner or the Architect in progress reports. If a progress report indicates any delays, the Contractor will be required to propose and submit a recovery schedule to correct the delay. No progress report will constitute an adjustment in the Contract Time or Contract Sum unless the adjustment is agreed to by the Owner and is authorized pursuant to a Change Order. It is expressly agreed that the “float” contained in the Project schedule shall be managed, and all decisions regarding its usage shall be made solely by the Contractor. Such decisions shall be made based on what is best for the overall Project, and to the mutual benefit of all parties, including the Owner, Architect, Subcontractors , and Contractor. The float in the schedule does not belong to the Contractor’s Subcontractors. It is expressly agreed that subcontractors shall have no right to make claims for time extensions or additional general conditions costs for changes in interim dates and sequences that do not extend the final completion date referenced in the subcontract. In recognition of the scope and complexity of the Project, it is to be reasonably anticipated that actual dates and sequences for construction may vary slightly from the planned schedule. No claims for such immaterial changes will be considered. § 3.11 Documents and Samples at the Site The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 Shop Drawings, Product Data and Samples § 3.12.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams , and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment, or workmanship, and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Cont ract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittal s that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents , in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 22 § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect’s approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such notice, the Architect’s approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of app licable law. § 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional. Shop Drawings, an d other submittals related to the Work, designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequ acy and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 3.12.10.2 If the Contract Documents require the Contractor’s design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at the time and in the form specified by the Architect. § 3.13 Use of Site § 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.13.2 Only materials and equipment that are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment stored at the Project site from weather, theft damage, and all other adversity is solely the responsibility of the Contractor. The Contractor shall ensure that , at all times, the Work is performed in a manner that affords reasonable access, both vehicular and pedestrian, to the site of the Work and all adjacent areas. The Work shall be performed, to the fullest extent reasonably possible, in such a manner that public areas adjacent to the site of the Work shall be free from all debris, building materials, and equipment likely to cause hazardous conditions. § 3.13.3 The Contractor and any entity for whom the Contractor is responsible shall not erect any sign on the Project site without the prior written consent of the Owner, which may be withheld in the sole discretion of the Owner . DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 23 § 3.13.4 Without limitation of any other provision of the Contract Documents, the Contractor shall use best efforts to minimize any interference with the occupancy or beneficial use of (i) any areas and buildings adjacent to the site of the Work and (ii) the building in the event of partial occupancy, as more specifically described in Paragraph 9.9. Without prior approval of the Owner, the Contractor shall not permit any workers to use any existing facilities at the Project site, including, without limitation, lavatories, toilets, entrances, and parking areas other than those designated by the Owner. § 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, from the O wner or a Separate Contractor, its consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery, and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.16 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the exte nt caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 24 compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts, or other employee benefit acts. § 3.18.3 The Contractor’s indemnity obligations under Section 3.18 and its subsections will also include all fines, penalties, damages, liability, costs, expenses (including reasonable attorneys’ fees) and any punitive damages arising out of or in connection with any violation of or failure to comply with any law, statute, ordinance, rule, regulation, code or requirement of a public authority that bears upon the performance of the Work by the Contractor, Subcontractor, or any person or entity for whom either is responsible, means, methods, procedures, techniques, or sequences of execution or performance of the Work, and failure to secure and pay for permits, fees, approvals, licenses, and inspections as required under the Contract Documents, or any violation of any permit or other approval of a public authority applicable to the Work, by the Contractor, a Subcontractor, or any person or entity for whom either is responsible. § 3.18.4 The Contractor will indemnify and hold harmless all the Indemnitees from and against any costs and expenses, including reasonable attorneys’ fees, incurred by any of the Indemnitees in enforcing the Contractor’s defense, indemnity, and hold harmless obligations under this Contract. § 3.18.5 Neither final payment by the Owner nor acceptance of the Project shall constitute a waiver of the foregoing indemnities and, notwithstanding any provision herein to the contrary, the foregoing indemnities shall survive the termination of the Agreement for any reason whatsoever. § 3.18.6 To the fullest extent permitted by law, there is no limit on indemnification to the extent that the claim, damage, loss, or expense: 1) is caused by the negligent or intentional acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, and; 2) is not caused in whole or in part by a party indemnified hereunder. If Section 725.06, Florida Statutes is deemed to require a monetary limit for any claim, damage, loss, or expense caused in part by a party indemnified hereunder, then the per occurrence monetary limit on Contractor’s duty to indemnify the Owner under this Section 3.18 shall be an amount equal to the per occurrence limit of Contractor’s CGL coverage, regardless of whether or not coverage is available, and the Contractor and the Owner expressly agree that this monetary limit bears a reasonable commercial relationship to this Agreement. The Contractor agrees that this monetary limit on the extent of indemnification shall be considered as part of the specifications for the Project. However, the Contractor shall not be required to indemnify the Owner for that proportion of such loss, cost, expense, or damage ultimately adjudicated as having arisen from the negligent or intentional acts or omissions of the Owner, its employees, officers, or directors in connection with the Agreement or Project. § 3.18.7 The duty to defend under this Section is separate and independent from the duty to indemnify, and the duty to defend the Owner exists regardless of any ultimate liability of the Contractor or any Indemnitee. The duty to defend arises immediately upon presentation of a claim by any party that, under its broadest interpretation, alleges that a claim, damage, loss, or expense was caused in whole or in part by a negligent or intentional act or omission of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, and written notice of such claim being provided to the Contractor. The Contractor’s obligations to indemnify or defend under this Section will survive the expiration or earlier termination of this Agreement unless and until it is determined by a final judgment that an action against the Indemnified Party or Parties for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. § 3.18.8 If any word, clause, or provision of this Section is determined not to comply with Section 725.06, Florida Statutes, including any amendments thereto, said word, clause, or provision shall be stricken and the remaining words, clauses, and provisions shall remain in full force and effect. It is the intent of the parties that this S ection fully complies with Section 725.06, Florida Statutes, including any amendments thereto, in all respects. § 3.18.9 The Contractor shall indemnify, defend, and hold harmless the Owner from and against all claims or rights of lien or encumbrance upon or against the Owner’s property, the Work, the Project, or any payments for which the Owner may be obligated to pay under this Agreement as a result of the Contractor’s or Subcontractor’s furnishing of the Work, including without limitation, labor, supplies, materials, or equipment to the Project unless such liens are the result of the Owner’s failure to remit payments properly due under the Agreement. Nothing herein shall limit the Contractor’s obligations under Section 9.3.3.1. DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 25 § 3.18.10 Indemnification hereunder is in addition to and not in lieu of any common law indemnification to which the Indemnitee is entitled. § 3.18.11 The Contractor’s obligations pursuant to this Section 3.18 shall survive completion of the Work and/or termination of the Agreement. ARTICLE 4 ARCHITECT § 4.1 General § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. Any reference in the Contract Documents to the Architect’s taking action or rendering a decision within a "reasonable time" is understood to mean no more than five (5) working days . § 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. § 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall then be that of the Architect. § 4.2 Administration of the Contract § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner’s representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. In no event shall the Architect have authority to order changes in the Work involving adjustments to the Contract Sum or Contract Time without the written appr oval of the Owner. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Wo rk, since these are solely the Contractor’s rights and responsibilities under the Contract Documents. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the require ments of the Contract Documents, but shall report the same to Owner where such failures become known . The Architect will not have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 Communications The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Projec t. Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communication s by and with Separate Contractors shall be through the Owner. Nothing herein shall otherwise preclude the Owner from communicating with subcontractors or suppliers for purposes of confirming payments to such parties are properly remitted, provided that the Owner shall advise the Contractor of any such communications. The Contract Documents may specify other communication protocols. § 4.2.5 Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 26 § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty o r responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect’s action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiati ng instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12. The Architect’s review shall not constitute approval of safety precautions or, unless specifically stated by the Architect, of any construction means, methods, techniques, sequences, or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may order minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying out the Architect’s responsibilities at the site. The Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either, and will not be liable for results of interpretations or decisions rendered in good faith. The liability of the Architect to the Owner is subject to a separate professional services agreement between Architect and Owner. The Contractor agrees that the Contractor is not a third -party beneficiary to the professional services agreement between the Architect and the Owner. The Contractor agrees that the Architect is not an employee of the Owner and understands that the Architect represents the Owner in the Architect’s capacity. § 4.2.13 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 27 ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term “Subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term “Subcontractor” does not include a Separate Contractor or the subcontractors of a Separate Contractor , as defined in Section 6.1.1, performing under a separate contract or agreement with the Owner for scopes not involved in the Project. § 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term “Sub-subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub- subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract and before awarding Subcontracts, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. The notification shall include a complete description of the scope of work such person or entity has bid to perform. Within 14 days of receipt of the information, the Owner or Architect may notify the Contractor whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the Architect or Owner to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.2.5 Provided the Contractor has fully complied with the requirements of this Section 5.2 and other related provisions of this Agreement, the Contractor shall provide to the Architect and Owner through electronic data storage via “cloud storage” at such location of which the Contractor will notify the Owner in writing, or through the Owner’s specified system, if applicable, a list of all subcontracts awarded, a copy of the executed subcontract agreement, and a summary for each subcontract agreement for each person or entity which the Contractor awarded a portion of Contractor’s Scope of Work, the dollar amount of the subcontract, and a summary and explanation of any variance between that amount and the dollar amount set forth in the applicable GMP Amendment and prior Schedule of Values for the same Scope of Work. § 5.3 Subcontractual Relations § 5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work that the Contractor, by these Contract Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provide d otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to e nter into DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 28 similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub- subcontractors. Copies of all subcontracts shall be made available to the Owner, the Architect, or any party performing an audit under the Contract Documents as requested . § 5.3.2 All subcontracts shall be in writing and shall specifically provide that the Owner is an intended third -party beneficiary of such subcontract. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract. § 5.4.2 Each subcontract will specifically provide that Owner is only responsible to Subcontractor for those obligations of the Contractor that accrue after the Owner’s exercise of any rights under the assignment provided . However, upon such assignment, the Owner will remain liable for any unpaid subcontract balance due a Subcontractor by the Contractor to the extent the Owner has not paid the Contractor for such Work performed . § 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner’s Right to Perform Construction and to Award Separate Contracts § 6.1.1 The term “Separate Contractor(s)” shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and with Separate Contractors retained under Conditions of the Contract. § 6.1.2 When separate contracts are awarded for installation of Owner furnished equipment or different portions of the Project or other construction or operations on the site, the term “Contractor” in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner’s own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces as described herein or with Separate Contractors, the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11, and 12. DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 29 § 6.1.5 Notwithstanding anything contained herein to the contrary, Owner has the right to perform construction related to the Project with Owner’s own forces as long as the construction by Owner does not affect the critical path of the Project. § 6.1.6 The Contractor accepts assignment of, and liability for, all purchase orders and other agreements for procurement of materials and equipment that are identified as part of the Contract Documents. The Contractor shall be responsible for such pre-purchased items, if any, as if the Contractor were the original purchaser. The Contract Sum includes, without limitation, all costs and expenses in connection with delivery, storage, insurance, installation, and testing of items covered in any assigned purchase orders or agreements. The Contractor’s acceptance of an assignment of a contract is contingent upon Contractor’s review and acceptance of the assignees qualifications and the assignee executing Contractor’s standard form of agreement. All warranty a nd correction of the Work obligations under the Contract Documents shall also apply to any pre -purchased items, unless the Contract Documents specifically provide otherwise. § 6.2 Mutual Responsibility § 6.2.1 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the Architect and Owner of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor’s Work. Failure of the Contractor to notify the Architect and Owner of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner’s or Separate Contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work. The Contr actor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not apparent. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor’s delays, improperly timed activities, damage to the Work or defective construction , provided that the Contractor properly submits a Claim on account of same. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. § 6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owner’s Right to Clean Up If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. § 6.4 Assignments of Contracts § 6.4.1 Owner reserves the right to assign to Contractor contracts separately negotiated with other Contractors performing Work on this Project and its appurtenances. Cost for such assignments shall be added to Contract Sum by a Change Order. Owner will pay Contractor a fee for handling, coordination, and administration of the Work provided in assigned contracts in accordance with Article 7. Changes in the Work and associated modifications. The Contractor’s acceptance of an assignment of a contract is contingent upon Contractor’s review and acceptance of the assignees qualifications and the assignee executing Contractor’s standard form of agreement. § 6.4.2 Contractor agrees to accept assignments of contracts provided in Section 6.4.1 above and to administer and coordinate the Work there under in same manner as if Contractor was original contracting party, but Contractor will not be required to accept assignment of contracts from parties for whom Contractor makes a reasonable obj ection. DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 30 § 6.4.3 Contractor agrees prior to commencement of Work under assigned contracts to modify the private or public Payment and Performance Bond, as applicable, under Contractor’s original Contract to conform to adjusted Contract amount, including administration fee, as shown on said Change Order, covering modification provided for therein. § 6.4.4 Contractor further agrees to obtain modifications to insurance policies required in Contractor’s original Contract to specifically include the Work provided for in said assigned contracts. § 6.4.5 Certification of modification to bonds and insurance policies acceptable to Owner shall be submitted to Owner through Architect prior to commencing Work under assigned contracts. ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor, and Architect. A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. Except as permitted in Section 7.3 and Section 9.7.2, a change in the Contract Sum or the Contract Time shall be accomplished only by Change Order. Accordingly, no course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that Owner has been unjustly enriched by an alteration of or addition to the Work, whether or not there is, in fact, any unjust enrichment to the Work or Owner, shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in any time period provided for in the Contract Documents. § 7.2 Change Orders § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor , and Architect, and having no legal effect until so signed, stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.2.2 An agreement on any Change Order will be considered a final settlement as to all Contractor Claims of any kind or character relating directly or indirectly to the change in the Work that is the subject of the Change Order. § 7.2.3 Contractor and Owner agree to use the Change Order form, AIA Document G701–2017. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Co nstruction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 31 .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers’ compensation insurance; .2 Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use , or similar taxes, directly related to the change; and .5 Additional costs of supervision and field office personnel directly attributable to the change . § 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 Minor Changes in the Work The Architect, after consulting with the Owner, may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect’s order for minor changes shall be in writing. If th e Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and Owner and shall not proceed to implement the change in the Work until such matters are resolved with DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 32 the Architect and Owner, including any agreed alteration to a Change Order or Change Directive . If the Contractor performs the Work set forth in the Architect’s order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time. ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The actual date of Substantial Completion of the Project is the date certified by the Architect in accordance with Section 9.8 or agreed to in writing between Owner and Contractor. § 8.1.4 Except where specifically indicated as "working day" in Contract Documents, the term "day" shall mean "calendar day". § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement or any modifications or amendments thereto, the Contractor warrants that the Contractor has accounted for and anticipated foreseeable delays and that the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by the act or neglect of the Owner, or of an employee of the Owner, or by a separate contractor or design professional employed under contract with the Owner; or by changes ordered in the Work by Owner; or by labor disputes, fire, unavoidable casualties, worldwide pandemic identified by the WHO and CDC (together with the additional requirement that such worldwide pandemic was, in fact, the cause of prevention of performance by Contractor that directly resulted in such delay), the results of which could not reasonably be avoided or mitigated, or other similar causes not reasonably foreseeable and beyond the Contractor’s control despite the exercise of due care, or by other causes that the Owner determines in its sole discretion may justify delay, then, subject to Section 8.3.3 and other provisions of this Article 8 and this Agreement, the Contract Time shall be extended by Change Order provided such delay will prevent the Contractor from achieving Substantial Completion and/or Final Completion of the Project within the Contract Time. The Contractor further acknowledges and agrees that adjustments in the Contract Time will be permitted for a delay only to the extent such delay (i) is not caused, or could not have been reasonably anticipated, by the Contractor, or if reasonably anticipated, could not have been mitigated by the Contractor using reasonable commercial efforts, and, (ii) could not be limited or avoided by the Contractor’s timely notice to the Owner of the delay or reasonable likelihood that a delay will occur, and (iii) is of a duration not less than one (1) day. The Owner s hall not unreasonably withhold approval of a Change Order requesting additional time due to delay when (a) the delay was reasonably unforeseeable at the time of the execution of the Contract, (b) the delay was not caused by the Contractor or its subcontractors or suppliers, and (c) the delay affected the Project’s critical path. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 Contractor’s only remedy for (i) delay in commencement, prosecution , or completion of the Work, provided such delay will prevent the Contractor from achieving Substantial Completion and/or Final Completion of the Project within the Contract Time; (ii) hindrance or obstruction in the performance of the Work; (iii) loss of DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 33 productivity; or (iv) other similar claims (collectively referred to as “Delays” or “Delay”) shall be a time extension, unless caused by the actions or omissions of the Owner or anyone under Owner’s control, which in such event may constitute a compensable delay for which Contractor, subject to Contractor submitting a timely written fully documented Claim to Owner, may be entitled to receive the following compensation as its sole remedy. .1 Either extended General Conditions of Contractor for the Owner approved extension of Contract Time (a commensurate per diem increase in its General Conditions, based upon the dollar amount of the original GMP for General Conditions approved by Owner) or the Owner approved Stipulated General Conditions, if a prior audit was performed and approved by Owner d ivided by the original number of days of Contract Time (as may have been adjusted by Change Order) and reasonable fully documented out of pocket costs and expenses of the General Conditions of Contractor’s affected subcontractors or suppliers which were directly impacted by all or a portion of the Delay . .2 A per diem increase in General Requirements of Contractor (time related only) based upon the dollar amount of the original General Requirements approved by Owner (time related only), divided by the original number of days of Contract Time (as may have been adjusted by Change Order) and the reasonable fully documented out of pocket costs and expenses of the General Requirements of Contractor’s affected subcontractors or suppliers which were directly impacted by all or a portion of the Delay. .3 Contractor shall include within documentation furnished by the Contractor to Owner an “as-planned” construction schedule and an “as-built” construction schedule and all schedule updates, together with a comprehensive schedule analysis demonstrating that the effect of the Delay extended the date of Substantial Completion of the Project and, such additional information and documentation as Owner may reasonably request. .4 Notwithstanding anything to the contrary herein, a delay shall not be compensable for any period where there was a concurrent critical path delay caused by the concurrent actions or omissions of Contractor and Owner, including anyone directly or indirectly under their control. For the avoidance of doubt, Contractor shall be entitled to an equitable adjustment in the Contract Time, but not Contract Sum, for concurrent delay. .5 Contractor shall not be entitled to compensation for any Force Majeure Events, except as set forth in Section 3.2.4 of this Agreement. Other than extended General Conditions and General Requirements (time related only), as described in the preceding sections, neither Contractor, nor any subcontractor or material supplier of Contractor at any tier, shall be entitled to any compensation or recovery of any damages in connection with any Delays, including, without limitation, consequential damages, loss of opportunity costs, impact damages, loss of productivity, home office overhead, or other similar remuneration or for additional non-time related General Requirements. The Owner’s exercise of any of its rights or remedies under the Contrac t Documents (including, without limitation, ordering changes in the Work, or directing suspension, rescheduling, or correction of the Work), regardless of the extent or frequency of the Owner’s exercise of such rights or remedies, shall not be construed as hindering the Contractor’s performance of the Work to the extent that the exercise of such rights does not impact the critical path . § 8.3.4 If the Contractor submits a schedule or progress report indicating, or otherwise expresses an intention to achieve, completion of the Work prior to the contractually required Substantial Completion date, Contractor shall provide separate written notice to Owner advising Owner of same at least ninety (90) days prior to the earlier proposed Substantial Completion date, otherwise no liability of the Owner to the Contractor for any failure of the Contractor to so complete the Work shall be created or im plied. § 8.3.5 The Owner may, at its sole discretion and for any reason, direct the Contractor to accelerate the schedule of performance of Work by providing overtime, extra shifts, Saturday, Sunday and/or holiday work and /or by having all or any subcontractors or sub-subcontractors designated by the Owner provide overtime, extra shifts, or additional crews to meet any of the schedule milestones. Any acceleration program by the Contractor shall only include the critical path and/or near critical path Work. To the extent such acceleration is required due to Contractor’s negligence or failure to timely or properly progress the Work in order to meet the schedule, or failure to obtain an extension of the Substantial Completion date as required herein, Contractor shall not be compensated for costs associated with a said direction to accelerate, but will be compensated proportionately to the extent of and if such acceleration is due to other causes outside the control of the Contractor and its subcontractors and supplier s as provided in this Agreement. DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 34 § 8.3.6 Delays and/or price escalations due to delays caused by tardy or non-approved shop drawings submittals, tardy material ordering or shipment, or any other delays caused by the Contractor, a supplier, a Subcontractor, or sub-subcontractor, or anyone directly or indirectly under contract with any of them, shall not be deemed a valid cause for excusable delay and shall not be accepted as a basis for a Claim for price escalation or extension of time, as the scheduling, control and risk associated with a supplier and a Subcontractor failure to provide materials on - time and on-budget is part of the Contractor’s responsibility under this Agreement. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Architect and Owner upon execution of the Agreement and before the first Application for Payment, allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect or Owner may require . This schedule, unless objected to by the Architect or Owner, shall be used as a basis for reviewing the Contractor’s Applications for Payment. Any changes to the schedule of values shall be submitted to the Architect and Owner and supported by such data to substantiate its accuracy as the Architect and Owner may require, and unless objected to by the Architect or Owner, shall be used as a basis for reviewing the Contractor’s subsequent Applications for Payment. § 9.3 Applications for Payment § 9.3.1 The form of Application for Payment shall be AIA Document G702, Application and Certificate for Payment, supported by AIA Document G703, Continuation Sheet, in the latest edition forms, submitted in quadruplicate. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. Contractor shall also comply with the following requirements: .1 The aggregate cost of materials stored off site shall not exceed one dollar ($1.00) at any time without written approval of the Owner. .2 Title to such materials will be vested in Owner, as evidenced by documentation satisfactory in form and substance to Owner and Owner’s Construction Lender, if any, including, but not limited to, recorded financing statements, UCC filings, and UCC searches. .3 With each Application for payment, Contractor shall submit to the Owner a written list identifying each location where materials are stored off the Project site and the value of materials at each location. The Contractor agrees that it will be responsible for obtaining adequate insurance for the Owner for materials stored off the Project site in an amount not less than the total value thereof, unless covered by the Builder’s Risk insurance established for the Project. .4 The consent of the surety will be obtained to the extent required before the payment for any materials DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 35 stored off the Project site. .5 Representatives of the Owner and the Lender (if any) shall have the right to make inspections of the storage areas at any time during normal business hours. .6 Such material shall be (1) protected from diversion, destruction, theft, and damage to the satisfaction of Owner and the Lender (if any), (2) specifically marked for use on the Project, and (3) separated from other materials at the storage facility. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information , and belief, be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work. As a condition to payment, the Contractor shall promptly tender to the Owner and cause all subcontractors to promptly tender to the Owner acknowledgments of payments and releases of liens and rights to claim liens which shall be conditional releases through the date of the last preceding advance, and concurrently with the final advance, and which shall be conditional releases through the period relating to the current Application for Payment. § 9.3.3.1 Notwithstanding the foregoing, if any mechanics’ liens or other claims shall be filed or maintained against the Owner’s buildings or improvements or real estate appurtenant thereto, for or on account of any Work or in furtherance of the erection, construction, or completion of the Work contracted for herein, then it shall be the obligation of the Contractor, within seven (7) days of receipt of written notice of the lien or other claim, to make provision satisfactory to Owner for the satisfaction, discharge or bonding of such liens or claims, including furnishing a bond to indemnify against such liens or claims. Notwithstanding the foregoing, if a lien is filed as the result of the Owner’s failure to remit payment properly due pursuant to the Contr act, then Contractor’s duties under this Section 9.3.3.1 shall not apply. § 9.4 Certificates for Payment § 9.4.1 The Architect will, within seven days after receipt of the Contractor ’s Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner of the Architect’s reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect’s reason for withholding certification in whole as provided in Section 9.5.1 . § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect’s evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect’s knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, t o correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work ; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor ’s right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previ ously paid on account of the Contract Sum. § 9.5 Decisions to Withhold Certification § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 36 such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims , unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When either party disputes the Architect’s decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15. § 9.5.3 Notwithstanding any certification or withholding thereof by the Architect, the Owner with notice to the Contractor, for any such reasons as set forth above may elect to also withhold such amounts from amounts due or to become due to the Contractor. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.4 If the Architect withholds certification for payment or the Owner withholds payment under Sections 9.5.1.3 or 9.5.2 above, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Contractor shall reflect such payment on its next Application for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontra ctor or supplier, except as may otherwise be required by law. § 9.6.5 The Contractor’s payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, including its approval by the Architect or Owner, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 37 § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not comming led with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to a n award of punitive damages against the Contractor for breach of the requirements of t his provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If directed by the Owner, the Contractor shall substitute a surety bond for the property against which the lien or other claim for payment has been asserted. § 9.7 Failure of Payment § 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Architect, then the Contractor may, upon seven additional days’ written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract T ime shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start -up (but not including demobilization or remobilization unless and until a payment dispute continues for a period of sixty (60) days from the date when payment was due after receipt by Owner of the aforesaid notice), plus interest as provided for in the Contract Documents, provided further that Contractor has otherwise complied with all conditions precede nt to payments, including, but not limited to, the furnishing of required lien and bond waivers and release of claims and Final Payment Affidavit. § 9.7.2 If Owner is entitled to reimbursement or payment from Contractor under or pursuant to the Contract Documents, such payment will be made promptly upon demand by Owner. If Contractor fails to promptly make any payment owed to Owner, or if Owner incurs any costs and expenses to cure any default of Contractor or to correct defective Work, Owner has an absolute right to offset such amount against the Contract Sum. Owner may also, in its sole discretion, elect either to (1) deduct an amount equal to tha t which Owner is entitled from any payment then or thereafter due Contractor from Owner, or (2) issue a written notice to Contractor reducing Contract Sum by an amount equal to that which Owner is owed. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use; provided, however, that as a condition precedent to Substantial Completion, the Owner has received all applicable certificates of occupancy and any other applicable permits, approvals, licenses, and other documents from any governmental authority having the necessary jurisdiction for the beneficial occupancy of the Project. § 9.8.2 The Architect shall make site visits to determine interim Dates of Substantial Completion of the Project. Any fees that the Owner incurs for additional site visits of the Architect for determination of Substantial Completion after the Project has failed to properly meet the date of Substantial Completion will be at the expense of the Contractor and reimbursable to the Owner. The Owner shall deduct the amount of the Architect’s compensation for re- inspection services from the final payment. When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in acc ordance with the Contract Documents. The operation and maintenance data shall have been submitted and approved, system demonstrations shall have been performed, and a certificate of occupancy shall have been issued before final Substantial Completion can be achieved. DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 38 § 9.8.3 Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for se curity, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on th e date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents . When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon receipt of the Contractor’s notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection . When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled. All warranties and guarantees required under or pursuant to the Contract Documents shall be assembled and delivered by the Contractor to the Architect as part of the final Application for Payment. The final Certificate for Payment will not be issued by the Architect until all warranties and guarantees have been received and accepted by the Owner. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 39 withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect, (3) a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) submission by the Contractor to the Architect and the Owner of as-built drawings, (6) submission by the Contractor to the Owner of a complete list of Subcontractors and principal vendors on the Project, including addresses and telephone numbers, (7) submission by the Contractor to the Owner of an indexed, loose leaf binder of complete installation, oper ation and maintenance manuals, including all manufacturers’ literature, of equipment and materials used in the Work, (8) submission by the Contractor to the Owner, in an indexed, loose leaf binder, of all inspection reports, permits, and temporary and fina l certificates of occupancy and licenses necessary for the occupancy of the project, (9) any and all other items required pursuant to the Contract Documents (10) all requirements of Section 7.2 of the Agreement (Labor Costs), (11) the Contractor’s final lien waiver, together with final lien waivers for all subcontractors, (12 ) documentation of any special warranties, such as manufacturers’ warranties or specific Subcontractor warranties, and (13) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnis h a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatis fied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys’ fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; or .4 any obligations of the Contractor pursuant to the Contract Documents surviving completion of the Work and final payment, including without limitation, with respect to indemnification or insurance, or any claims arising thereunder; or .5 audits performed by the Owner, if permitted by the Contract Documents, after final payment . § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor , or a supplier, shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub -subcontractor; and DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 40 .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. § 10.2.2 The Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss. § 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the safeguards. The Contractor shall also be responsible, at the Contractor’s sole cost and expense, for all measures necessary to protect any property adjacent to Project and improvements in the adjacent property. Any damage by the Contractor, or anyone for whom the Contractor is responsible, to such property or improvements shall be promptly repaired by the Contractor. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment , or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. The Contractor will also give the Owner and Architect reasonable advance notice of the Contractor’s intent to use or store hazardous materials and engage in unusual activities. Pursuant to Section 3.18, the Contractor agrees to indemnify the Owner for any claims brought against the Owner resulting from the Contractor’s storage or use of hazardous materials. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.2.9 When all or a portion of the Work is suspended for any reason, the Contractor shall securely fasten down all coverings and reasonably protect the Work, as necessary, from injury. § 10.2.10 The Contractor will promptly report in writing to the Owner all accidents arising out of or in connection with the Work that cause death, personal injury, or property damage. The Contractor’s written report will give full details and statements of any witnesses. In addition, if death, serious personal injuries , or serious damages are caused, the accident shall be reported immediately by telephone or messenger to the Owner and the Architect. § 10.3 Hazardous Materials and Substances § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 41 addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a concealed and undisclosed hazardous material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. § 10.3.2 Upon receipt of the Contractor’s written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered h armless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not e ither has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect ha ve no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable additional costs of shutdown, delay, and start-up. The term "rendered harmless" shall be interpreted to mean that levels of asbestos and polychlorinated biphenyls are less than any applicable exposure standards set forth in OSHA regulations. In no event, however, shall the Owner have any responsibility for any substance or material that is brought to the Project site by the Contractor, any Subcontractor, any material supplier, or any entity for whom any of them is responsible. The Contractor also agrees not to use any fill or other materials to be incorporated into the Work that are hazardous, toxic, or made up of any items that are hazardous or toxic . § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred. § 10.4 Emergencies In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor’s Insurance and Bonds § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 42 set forth below which may arise out of or result from the Contractor’s operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 Claims under workers’ compensation, disability benefit, and other similar employee benefit acts that apply to the Work to be performed, including private entities performing Work at the site and exempt from coverage on account of the number of employees or occupation, which entities shall maintain voluntary compensation coverage at same limits specified for mandatory coverage for the duration of Project; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor’s employees, or person or entities excluded by statute from requirements of Section 11.1.1.1 but required by Contract Documents to provide insurance required by that section; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor’s employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of completed operations , which coverage shall be maintained for no less than three (3) years after final payment; and .8 Claims involving contractual liability insurance applicable to the Contractor’s obligations under Section 3.18 for bodily injury or destruction of tangible property (other than the Work itself). § 11.1.2 The Contractor’s insurance shall meet and comply with all requirements set forth in Section 14.3 of the Agreement. The insurance required by Section 11.1.1 and any Supplemental Conditions to the Contract shall be written by one or more responsible carriers reasonably acceptable to the Owner for not less than the limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor’s completed oper ations coverage, until the expiration of the period for correction of Work or such other period for maintenance of completed operations coverage as specified in the Contract Documents. § 11.1.3 Copies of certificates of insurance and declarations pages of the policies referenced therein (including any endorsements to such policies) acceptable to the Owner shall be filed with the Owner within three (3) days prior to commencement of the Work and prior to bringing any equipment or personnel onto the site of the Work or the Project site, and thereafter upon renewal or replacement of each required policy of insurance. These certificates and declarations required by this Section 11.1 shall confirm that the policies contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, inc luding coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness. Except for the Worker’s Compensation, Employer’s Liability Insurance, and Professional Liability policies, Owner and Owner’s Project lender(s), if any, shall be listed as an additional insured with a waiver of subrogation under the insurance policies referenced in Sections 11.1.1 (except for the insurance under Section 11.1.1.1) and any Supplemental Conditions to the Contract. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Owner, Owner’s Project lender(s) as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner and Owner’s Project lender(s) as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s completed operations. DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 43 § 11.1.5 In no event shall any failure of the Owner to receive certified copies or certificates of policies required under Paragraph 11.1 or to demand receipt of such certified copies or certificates before to Contractor’s commencement of Work be construed as a waiver by the Owner or Architect of Contractor’s obligations to obtain insurance pursuant to this Article. The obligation to procure and maintain any insurance required is a separate responsibility of the Contractor and independent of the duty to furnish a certified copy or certificate of such insurance policies. § 11.1.6 When any required insurance, due to the attainment of a normal expiration date or renewal date, shall expire, the Contractor shall supply the Owner with Certificates of Insurance and amendatory riders or endorsements that evidence the continuation of all coverage in the same manner, limits of protection, and scope of coverage as was provided by the previous policy. § 11.1.7 The general aggregate limit under the Contractor’s commercial liability insurance shall, by endorsement, apply to this Project separately. § 11.1.8 The Contractor shall cause each Subcontractor to (i) procure insurance reasonably satisfactory to the Owner and (ii) name the Indemnitees as additional insureds under the Subcontractor’s commercial general liability policy. The additional insured endorsement included on the Subcontractor’s commercial general liability policy shall state that coverage is afforded the additional insureds with respect to claims arising out of operations performed by or on behalf of the Contractor. If the additional insureds have other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the insurer’s liability under this insurance policy shall not be reduced by the existence of such other insurance. § 11.1.9 Premiums and Assessments: Companies issuing the insurance policies shall have no recourse against the Owner for payment of any premiums or assessments for any deductibles which are at the sole responsibility and risk of the Contractor except the deductibles related to Builders Risk, if any. § 11.1.10 Primary Coverage: The coverage provided herein shall be primary and noncontributory with any other insurance maintained by the Owner, or any other additional insured, for its benefit; including self insurance . § 11.1.11 The Contractor shall not commence work under this Contract until he has obtained all the insurance required hereunder and certificates of such insurance have been filed with and approved by the Owner. Approval of the insurance by the Owner shall not relieve or decrease the liability of the Contractor. All insurance must be written by companies approved to do business in the State of Florida by the State Board of Insurance . The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Contractor agrees that only the required insurance coverage identified in this Agreement as it pertains to the Contractor will be reimbursed by the Owner. The Owner shall be named as an additional insured under the Contractor’s commercial general liability policy or as otherwise described in the Contract Documents. § 11.1.12 Limits on Types of Insurance Costs Paid by Owner. No insurance, bond, or subcontractor default insurance costs or coverages shall be reimbursed by Owner, charged to Owner, or paid by Owner aside from those specifically required by the Contract Documents unless separate (i.e. not simply carried in an esti mate, GMP, etc.) and prior written approval for the same has been furnished by Owner in advance. For any coverages, bonds or insurance not required and not so approved, any such costs shall be at Contractor’s sole expense should Contractor elect to maintain such insurance, bond, subcontractor default, or coverages. § 11.1.13 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. § 11.1.14 Notice of Cancellation or Expiration of Contractor’s Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 44 an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 11.2 Owner’s Insurance § 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance . § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon receipt of notice from the Owner, the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor, Subcontractors, and Sub-Subcontractors in the Work. When the failure to provide coverage has been cured or resolved, the Contract Sum and Contract Time shall be equitably adjusted. In the event the Owner fails to procure coverage, the Owner waives all rights against the Contractor, Subcontractors, and Sub-subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Order. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. § 11.2.3 Notice of Cancellation or Expiration of Owner’s Required Property Insurance. Within three (3) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, Subcontractors, and Sub-subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. § 11.3 Waivers of Subrogation § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents, and employees, each of the other; (2) the Architect and Architect’s consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub-subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect’s consultants, Separate Contractors, subcontractors, and sub-subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. § 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance The Owner, at the Owner’s option, may purchase and maintain insurance that will protect the Owner against loss of use of the Owner’s property, or the inability to conduct normal operations, due to fire or other causes of loss. The DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 45 Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner’s property, due to fire or other hazards however caused. §11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 days from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for the reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, a nd any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Architect’s request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering, repair, and replacement shall by appropriate Change Order, be at the Owner’s expense. If such Work is not in accordance with the Contract Documents, such costs, and the cost of correction, shall be at the Contractor’s expense unless the condition was caused by the Owner or a Separate Contractor, in which event the Owner shall be responsible for payment of such costs, without prejudice to the Owner’s rights to seek reimbursement from the Separate Contractor where appropriate. § 12.2 Correction of Work § 12.2.1 Before Substantial Completion The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect’s services and expenses made necessary thereby, shall be at the Contractor’s expense. If prior to the date of Substantial Completion, the Contractor, a Subcontractor, or anyone for whom either is responsible uses or damages any portion of the Work, including, without limitation, mechanical, electrical, plumbing, and other building systems, machinery, equipment, or other mechanical device, the Contractor shall cause such item to be restored to "like new" condition at no expense to the Owner. In addition, the Contractor shall promptly remedy damage and loss arising in conjunction with the Project caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable and for which the Contractor is responsible. § 12.2.2 After Substantial Completion § 12.2.2.1 During the time between the date of Substantial Completion to the expiration of one year thereafter, or such longer period as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents that will not extend beyond the applicable statute of limitations or statute of repose under Florida law, for any Work that is found to be defective repair shall be commenced by the Contractor at his own DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 46 expense within ten days after written notice has been given to him by the Owner, and the Contractor shall prosecute the Work with continued diligence to completion. If the Contractor does not continuously and diligently prosecute the Work to completion, the Owner may, after 5 days written notice, make the necessary repairs and charge the cost of same to the Contractor without giving any notice to Surety. In the case of an emergency brought about by defective Work of the Contractor, the Owner may proceed immediately to make the necessary repairs and charge the cost of same to the Contractor and/or Surety without giving any notice to the Contractor and/or Surety, and, by agreement of the parties, without causing spoliation of evidence arguments given the emerg ency nature. This obligation shall survive termination of the Contract. Notwithstanding the foregoing, in the event any of the Work which has been performed by Subcontractors is found to be not in accordance with the requirements of the Contract Documents ("Subcontractor’s Defective Work"), and the Subcontractor’s Defective Work is covered by a warranty given by the Subcontractor, which warranty is still in effect at the time the Owner discovers such Subcontractor’s Defective Work, then the Owner agrees, provided that Contractor’s warranty period has expired, that (i) Contractor shall not be liable for such Subcontractor’s Defective Work, and (ii) to pursue the correction of such work by enforcing the terms of the subcontract warranty relating thereto directly with the Subcontractor responsible therefore. The Contractor agrees to execute such documents as may be necessary to ensure that any warranty given by any Subcontractor performing any Subcontractor’s Defective Work will inure to the benefit of the Owner. All supporting costs for warranty work beyond what is covered by the direct manufacturer or workmanship warranties shall be billed to the Owner on a cost plus fee of 5% throughout the duration of the warranty period . § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 Upon completion of any Work under or pursuant to Paragraph 12.2, the one-year correction period in connection with the Work requiring correction will be renewed and recommenced. The obligations under Paragraph 12.2 cover any repairs and replacement of any part of the Work or other property that is damaged by the defective Work. The parties understand and agree that the warranty period shall not be renewed or recommended with respect to any improvements that were not the subject of any repair or replacement.. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 Unless otherwise provided in the Contract Documents, the Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors, whether completed or partially completed, caused by the Contractor’s correction or removal of Work that is not in accordance with the requi rements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one -year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. § 12.2.6 Owner shall have the right to operate equipment until defects are corrected and warranties are met and shall also have the right to operate rejected equipment until it is replaced and without charge for depreciation, use, or wear. § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located. DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 47 § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, or set forth elsewhere in the Contract Documents, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender or other entity providing construction financing or credit enhancement for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the assignment. § 13.3 Rights and Remedies § 13.3.1 Except as expressly provided in the Contract Documents, duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. § 13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. § 13.4 Tests and Inspections § 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspectio ns, and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded and (2) tests, inspections, or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating the cost to the Contractor . § 13.4.2 If the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection, or approval not included under Section 13.4.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Owner’s expense. § 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure, including those of r epeated procedures and compensation for the Architect’s services and expenses, shall be at the Contractor’s expense. The Contractor also agrees that the cost of testing services required for the convenience of the Contractor in his scheduling and performance of the Work, and the cost of testing services related to remedial operations performed to correct deficiencies in the Work, shall be borne by the Contractor . § 13.4.4 Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 48 § 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. § 13.6 Written Notice § 13.6.1 Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice. § 13.6.2 Proposals, approvals, instructions, requests, claims, demands, and other notices shall be made in writing. § 13.7 General Provisions § 13.7.1 Each provision of this Agreement will be interpreted in a manner as to be effective and valid under applicable law. However, if any provision of this Agreement is prohibited by law or is found to be invalid under any law, only such provision or portion thereof will not be effective, without any manner invalidating or affecting the remaining provisions of this Agreement or valid portions of such provisions, which are deemed severable. § 13.8 Equal Opportunity § 13.8.1 Contractor shall maintain policies of employment as follows: § 13.8.1.1 Contractor and Contractor’s Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex , or national origin. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth policies of non - discrimination. § 13.8.1.2 Contractor and Contractor’s Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, or national origin. § 13.9 No Oral Waiver The provisions of the Contract Documents shall not be changed, amended , waived, or otherwise modified in any respect except by a writing signed by the Owner. No person is authorized on behalf of the Owner to orally change, amend, waive, or otherwise modify the terms of the Contract Documents or any of the Contractor’s duties or obligations under or arising out of the Contract Documents. Any change, waiver, approval, or consent granted to the Contractor shall be limited to the specific matters stated in the writing signed by the Owner and shall not relieve the Contractor of any other of the duties and obligations under the Contract Documents. No “constructive” changes shall be allowed. § 13.10 Notice Regarding Liens § 13.10.1 The Contractor shall provide all notices required or permitted by the laws of the state in which the Project is located for the protection of the Owner from liens and claims of lien if permitted or required by applicable law. The Contractor shall be responsible for filing in the appropriate court or other governmental office records all such notices as required or permitted by the laws of the state in which the Project is located. § 13.10.2 The Contractor shall provide the Owner with copies of all notices received by the Contractor from subcontractors, sub-subcontractors, and/or suppliers to the Contractor. § 13.11 Venue/Attorneys’ Fees The sole and exclusive venue for any suit or action arising out of or relating to this Contract shall be in the appropriate court situated in the Florida county in which the Project is physically located. Further, in the event of any suit arising out of or relating to this Contract, the prevailing party in such proceedings, as determined solely by DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 49 the court, shall be entitled to recover their reasonable attorneys’ fees and costs against the non-prevailing party. As used herein, the term “attorneys’ fees and costs” shall include, without limitation, fees for legal counsel, paralegal expenses and fees, expert witness fees (including for any such expert witness, travel, food , and lodging expenses, if reasonably necessary), and other reasonable fees or expenses billed to the party or incurred on the party’s behalf in connection with any such proceeding, whether any such court proceedings are in state, federal, or bankruptcy court . Further, the parties expressly waive all rights to trial by jury in any litigation involving the project or this contract. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor , for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped; or .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents unless such non-payment is the subject of a claim under dispute and is being resolved as provided in the Agreement or the Owner has failed to furnish to the Contractor promptly, upon the Contractor’s request, reasonable evidence as required by Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, as well as reasonable overhead and profit on the portion of the Work so executed, and costs incurred by reason of such termination. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a Subcontractor, or their agents or employees or any other persons or entities performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days’ notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the reasons described in Section 14.2.1 exist, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 50 .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work , in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption under Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 Termination by the Owner for Convenience § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause by providing the Contractor with written notice of termination for convenience which notice may direct the Contractor as to any of the items outlined in Section 14.4.2. § 14.4.2 Upon receipt of notice from the Owner of such termination for the Owner’s convenience, the Contractor shall .1 Unless the notice directs otherwise, immediately discontinue the Work on that date and to the extent specified in the notice; .2 Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued ; .3 Cancel, or if so directed by the Owner, transfer or assign to the Owner all or any of the commitments and agreements made by the Contractor to the project; .4 Assign or promptly make every reasonable effort to procure cancellation upon terms satisfactory to the Owner of all orders and subcontracts and shall thereafter do only such Work as may be necessary to preserve and protect work already in progress and to p rotect materials, plants and equipment on the site or in transit thereto; and .5 Take actions necessary or that the Owner may direct, for the protection and preservation of the Work. § 14.4.3 Upon such termination, and in the event the Owner directs the Contractor to take actions necessary or that the Owner may direct, for the protection and preservation of the Work, as set forth in Section 14.4.2.5 above, the Contractor shall recover as its sole remedy payment for Work properly performed in connection with the terminated portion of the Work prior to the effective date of termination, demobilization costs, for costs incurred beyond the date of termination by reason of such termination, and for items properly and timely fabricated off the Project site, delivered and stored in accordance with the Owner’s instructions and the portion of the fee it has earned up to the time of termination and on any reasonably unavoidable costs incurred beyond the date of termination by reason of such termination. The Contractor hereby waives all other claims for payment and damages, including, but not limited to, anticipated profits. The Owner will be credited for (i) payments previously made to the Contractor for the terminated portion of the Work, (ii) agreed upon claims that the Owner has against the Contractor under the Contract (or otherwise Owner reserves any and all legal rights to such claims), and (iii) the value of the materials, supplies, equipment or other items that are to be disposed of by the Contractor that are part of the Contract Sum .. DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 51 ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term “Claim” also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. This Section 15.1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. § 15.1.2 Intentionally Deleted § 15.1.3 Notice of Claims § 15.1.3.1 Claims by either the Owner or Contractor must be initiated by written notice to the other party, with a copy sent to the Architect, even though the dispute process in this Agreement has excluded the Architect serving as the Initial Decision Maker. Claims by either party shall be initiated within 21 days after the occurrence of the event giving rise to such claim or within 21 days after the claimant first recognizes the condition giving rise to the claim, whichever is later; provided, however, that the claimant shall use its best efforts to furnish the other party, as expeditiously as possible, with notice of any claim including, without limitation, those in connection with concealed or unknown conditions, once such claim is recognized, and shall cooperate with the party against whom the claim is made in any effort to mitigate the alleged or potential damages, delay, or other adverse consequences arising out of the condition that is the cause of such a claim. Claims may also be reserved in writing with the time limits set forth in Section 15.1.3. If a claim is reserved, the Resolution of Claims and Disputes procedures described in Section 15.1.3 shall not commence until a written notice from the claimant is received by the other party. Any notice of claim or reservation of claim must clearly identify the alleged cause and the nature of the claim and include data and information then available to the claimant that will facilitate prompt verification and evaluation of the claim. § 15.1.4 Continuing Contract Performance § 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will review Change Orders and issue Certificates for Payment in accordance with the Contract Documents. § 15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the portion of the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. .1 Claims for extension of time shall be stated in number of whole or half calendar days. The actual dates on which the delay(s) occurred and the critical path activities on the schedule affected by the delay must be stated. Said request shall specifically detail the extension of the critical path of the Project caused by the events which underlie the time extension request and must include substantiating documentation, correspondence, notices, and any other data which provides proof of the events which are the basis for the Claim. Any claim not including said data shall be deemed waived and will be rejected by the Owner until such time as Contractor provides such data in accordance with the contract documents. § 15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and had an adverse effect on the scheduled construction. .1 Anticipated Normal Weather Days: The time stipulated in the Contract Agreement for completion of DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 52 the work includes the number of calendar days, for anticipated delays due to normal weather conditions. No time extensions for delays due to weather will be allowed until and unless such delays exceed the time included for normal weather delays. In case of claims for extension of time because of adverse weather conditions, such extension of time shall be granted only because such adverse weather conditions prevented the execution of critical path work on normal working days. .2 A weather table reflecting meteorological data from the closest International Airport to the Project or other reliable meteorological data will be used to determine Contract time extension due to adverse weather conditions. For the purposes of this Contract "adverse weather conditions" will be interpreted as the number of days in excess of the normal on which rainfall exceeds one inch. .3 Weather days adjustments must be presented and addressed at the monthly meetings between Owner and Contractor. .4 There will be no Weather days adjustments for a Project with interior renovation Work only. § 15.1.7 Waiver of Claims for Consequential Damages Except to the extent covered by the valid and collectible insurance required respectively to be carried by Contractor or Owner under Article 11, the Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit , except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 Initial Decision § 15.2.1 Intentionally Deleted § 15.2.2 Intentionally Deleted § 15.2.3 Intentionally Deleted § 15.2.4 Intentionally Deleted § 15.2.5 Intentionally Deleted § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of receipt of an initial decision, demand in writing that the other party file for mediation. If such a demand is made and the party receiving the demand fails to file for mediation within 30 days after receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 Mediation § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract , except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.7, shall be subject to mediation as a condition precedent to litigation. DR A F T AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:14:55 ET on 02/08/2024 under Order No.2114477949 which expires on 10/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949586262) 53 § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect o n the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. § 15.3.3 Intentionally Deleted § 15.3.4 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 Litigation § 15.4.1 Any Claim subject to, but not resolved by, mediation shall be subject to litigation unless the parties mutually agree otherwise, all legal proceedings shall be filed solely in a court of competent jurisdiction located in the Florida county where the Project is located. § 15.4.1.1 Intentionally Deleted § 15.4.2 Intentionally Deleted § 15.4.3 The Contractor and the Owner shall not be obligated to resolve by arbitration any Claim or dispute related to the Contract. Any reference herein to arbitration in connection with such Claims or disputes is hereby deemed void. However, the parties may, but are not obligated to, mutually agree in writing to submit any Claim or dispute to binding arbitration, upon such terms as may be set forth in writing and agreed to by the parties. In the absence of such a written agreement, neither party shall be obligated to submit any Claim or dispute to arbitration. Mayor Commissioners Rusty Johnson Scott R. Kennedy, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Craig Shadrix George Oliver III, District 4 September 24, 2025 ADDENDUM NO. TWO (2) CITY OF OCOEE RFQ #25-009 CONSTRUCTION MANAGER AT RISK FOR THE NEW OCOEE FIRE STATION #38 FACILITY This addendum shall modify and become a part of the original RFQ Documents. This addendum consists of four (4) pages. Respondents should acknowledge receipt of this addendum in the space provided in the RFQ Documents. Failure to do so may subject the Respondent to disqualification. All dates remain the same. Answers to questions received/ Amendments to the RFQ Documents are as follows: Q1. The RFQ specifies a 7,500 SF, 3-bay fire station with site improvements. Will preliminary site layout, utility plans, or a geotechnical report be provided prior to GMP development? A1. Yes. The CMAR will be involved with the design phases and have required site conditions identified prior to GMP development. Q2. The RFQ references compliance with the “City of Oviedo land development code.” Please confirm if this should be “City of Ocoee.” A2. Yes, it should be City of Ocoee. Q3. Will the Owner be providing FF&E and specialty fire station equipment (turnout gear storage, exhaust systems, fitness equipment), or should these be included in the GMP? A3. This will be determined during the Precon phase. Q4. The Addendum notes a total project budget of $5,000,000, with construction capped at $4,500,000. Does this $4.5M include site development, utilities, and contingencies, or are those funded separately? A4. The $4,500,000 includes construction, site development and utilities. Owner contingency will be outside of the $4,500,000. RFQ 25-009 Addendum 02 Q5. What level of design completion (schematic, DD, or CD) will be available at the time of GMP submission? A5. The GMP proposal will be based on 95% construction documents. Q6. Addendum 1 lists milestone dates as TBD. Can the City provide target dates for: Construction start, Substantial Completion, Final Completion? A6. Design schedule is: Total Design Phases = 7 months Phase One – Planning = 30 days *Includes in meeting page turn for City Review Phase Two – Schematic Design = 60 days *Includes in meeting page turn for City Review Phase Three – Design Development = 60 days *Includes in meeting page turn for City Review Phase Four – Construction Documents 90% Construction Documents = 45 days *Includes 2 weeks City Review 100% Construction Documents = 15 days *Includes 1 week City review Phase Five – Permitting & Bidding = 90 days (estimated) Phase Six – Construction Administration/Close Out = 12 months (estimated) Q7. Will there be any phased occupancy? A7. Phased occupancy is not contemplated. Q8. Is the April 2026 construction start date still accurate, or subject to change pending design completion? A8. Construction start is subject to change. Q9. The Addendum requires 100% performance and payment bonds. Will bond premiums be reimbursable under the GMP? A9. Bond premiums are included in the GMP. Q10. Please clarify whether the first 25% of contingency (usable without prior Owner consent) applies to the Construction Manager’s Contingency or Owner’s Contingency. A10. 25% contingency limits are for CM AR contingency. RFQ 25-009 Addendum 02 Q11. The Addendum states the Owner may require acceleration of work without compensation if delays are CM-caused. Can the City confirm that acceleration not attributable to CM delays will be compensated? A11. Acceleration not attributed to CMAR delays will be compensated. Q12. The RFQ notes “no cost for City-issued permits.” Does this include impact fees, water/sewer connection fees, and fire assessment fees, or only building permits? A12. The building permit fee will be waived; the CMAR will be responsible for water and sewer capital costs. Q13. Will offsite utility improvements (if required by Ocoee Utilities, Duke Energy, or others) be part of the CM’s scope, or handled directly by the City? A13. Offsite utilities, if any, will be part of the CMAR GMP. Q14. Addendum 1 states final punch and closeout must be completed within 60 days of Substantial Completion, with liquidated damages possible. What are the daily liquidated damage amounts for late completion? A14. Liquidated Damages will be calculated based on the anticipated actual costs for delay prior to finalization of the GMP. Q15. Forms to be submitted is confusing, need clarification: 15.1 On Page 2 you list forms to be completed with an asterisk (*) A15.1 The asterisk (*) behind each of the forms listed on the TOC indicates these forms are to be submitted with Proposer’s qualifications package. 15.2 On Page 9, 19 .a The attached bond forms are to be used. A15.2 The attached Performance Bond and Payment Bond forms shall be used by the Successful Respondent as indicated in the RFQ. 15.3 On Page 19, there is a section called II Other Forms and you list some of the forms from Page 2 and you add more: >Letter of Intent -Bonding capacity, is this in addition to the Bond Forms? >Exceptions to the Contract Documents (Contract in Addendum 1-AIA133) >Addendum Acknowledgement >Minority Business Enterprise Certification for the CMAR firm, if applicable. >Summary of Litigation We could not find "Forms for these" Can you issue a complete list of Forms in the order you would like them submitted and if some of these requests are not forms, please clarify? A15.3 For clarification, the Letter of Intent is a document that is obtained from a qualified surety company and must include Respondent’s bonding capacity for this project as indicated on Page 19 of the RFQ. The Performance and Payment Bond forms will later be used by the Successful Respondent. RFQ 25-009 Addendum 02 See Page 22 of the RFQ Documents for Summary of Litigation, Acknowledgement of Addenda, and Exceptions. Page 22 provides space for Respondents to provide information regarding those sections. Respondents may attach additional pages if needed. If a Respondent is a Minority Business Enterprise, the Certification is to be provided with Qualification Package. If Respondent is not, Respondent may provide a page indicating it is not applicable. For clarification purposes the title of Section II on Page 19 of the RFQ Documents is amended from “II. Other Forms (not included in plage limit)” and shall now read “II. Forms, Other Documentation (not included in plage limit)”. Shannon Hopper Shannon Hopper, CPPB Purchasing Technician II cc: Steve Krug, P.E., Public Works Director