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Item #08 Approval to Award of RFQ #1702 Construction Manager at Risk for Bluford Avenue Reconstruction t l ocoee florida AGENDA ITEM COVER SHEET Meeting Date: April 4, 2017 Item # 8 Reviewed By: Contact Name: Joyce Tolbert Department Director: Contact Number: 1516 City Manager: Subject: Award of RFQ#1702 Construction Manager at Risk for Bluford Avenue Reconstruction Background Summary: In compliance with the Consultants' Competitive Negotiations Act (CCNA), Florida Statutes Section 287.055, et seq., and Florida Statutes Section 255.103, Construction Management or Program Management Entities, et seq., and the policies and procedures of the City of Ocoee (City), the City solicited statements of qualifications from qualified Construction Manager At Risk firms (CMR) to be responsible for constructing utility, stormwater, and streetscape upgrades in the Bluford Avenue corridor from Delaware Street to Silver Star Road (SR 438), as part of the Downtown Redevelopment. The Construction Manager At Risk firm (CMR) will be responsible for construction administration, value engineering, and general contracting services resulting in successful, timely and economic completion, thereby providing the best value possible for the City's Bluford Avenue Reconstruction Project. The project consists of: Construction management services shall include but not necessarily be limited to: a. Pre-construction Phase services including design and construction document review, value engineering and recommendations in collaboration with the project design team; b. Submission of a Guaranteed Maximum Price (GMP) and Guaranteed Completion Date; c. Construction Phase services including construction project scheduling, coordination and administering of the construction. The project is identified as follows: a. Element#1 — Bluford Avenue Utility Improvements. b. Element#2 — Bluford Avenue Stormwater and Streetscape Improvements. The CMR firms must be experienced in providing CMR services for projects of a scope and nature comparable to those described. The construction management entity must have the ability to secure an appropriate surety bond pursuant to s. 255.05, and in conformance with City requirements, and must hold construction subcontracts. Use of qualified subcontractors for specialty work is acceptable. To be considered, the firm or individual shall be a licensed professional in accordance with Florida State law and be familiar with all applicable State of Florida, St. Johns River Water Management District, Orange County and City of Ocoee codes, regulations and laws. The RFQ was advertised on January 22, 2017 and was publicly opened on February 21, 2017. There was one (1) response submitted. The Finance and Public Works Departments reviewed the qualification statement of the firm and the qualification statement was considered responsive, see the attached Checklist. Attached is the response from Oelrich Construction Inc.; the original copy is available in the Finance Department for your review. The response was evaluated by the RFQ Evaluation Committee appointed by the City Manager, which was comprised of five (5) members: Al Butler, Support Services Director; Steve Krug, Public Works Director; Richard Campanale, Public Works Operations Manager; Michael Rumer, City Planner; and Charles Smith, Utilities Director. The public RFQ Evaluation Committee meeting was held on March 15, 2017 for the purpose of evaluating the firm on specific evaluation criteria, and interviewing key members of the project team. Please see the attached shortlist/evaluation form. The evaluation committee recommends contracting with Oelrich Construction Inc., per the attached award recommendation from the Public Works Director. Issue: Should the City Commission award the Construction Manager at Risk for Bluford Avenue Reconstruction Project to Oelrich Construction, Inc., as recommended by the Evaluation Committee? Recommendations: Staff recommends that the City Commission award RFQ #1702 Construction Manager at Risk for Bluford Avenue Reconstruction Project to Oelrich Construction, Inc., and authorize Staff to proceed with contract negotiations with the selected firm for the Pre-Construction Phase. Once the Pre-Construction Phase has been negotiated, the contract and fee will be brought back to the City Commission for approval. Staff will then proceed with negotiations for the Construction Phase, Guaranteed Maximum Price (GMP) and the Guaranteed Completion date of the project, which will also be brought back to the City Commission for approval once the required performance and payment bonds and insurance has been obtained. Attachments: 1. RFQ#1702, including the draft contract 2. Oelrich Response 3. Evaluation Form/Shortlist 4. RFQ Checklist 5. Award Recommendation from Public Works Director Financial Impact: This project will be funded from bond proceeds at an estimated total cost of $9,680,000 including design: $2,400,000 for the Utility portion; $3,000,000 for the Stormwater portion; and $4,280,000 for the streetscape portion. Type of Item: (please math with an "x Public Hearing Fo/Clerk's Dept Use: Ordinance First Reading X Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk X Original Document/Contract Held by Department for Execution Reviewed by City Attorney \ N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A 2 t ocoee florida Mayor MEMORANDUM Rusty Johnson Commissioners Date: March 17, 2017 John Grogan District I wee Public works Team To: Joyce Tolbert, Purchasing Agent Rosemary WI6en District 2 From: Stephen C. Krug, Public Works Direc Richard Firstner District 3 improving a pear commuruy RE: Contract Award Recommendation. Joel F. Keller District 4 Cty Manager Public Works recommends award of the Construction Manager at Risk Robert a Frank for Bluford Avenue Reconstruction Project, RFQ No. 1702, to Oelrich Construction Inc. (OCI), of Jonesville, Florida. The City received a single qualifications package on the project from OCI. Single bids are becoming common throughout the region due to the extensive amount of work available for contractors to pursue. The evaluation committee went to great lengths to verify OCI has positive work experience completing municipal projects in Florida of similar size and scope. The committee also conducted an interview with the key members of their project team. The Contractor has been in business since 2004 in Florida. This project will provide the utility, stormwater and streetscape upgrades in the Bluford Avenue corridor as part of the Downtown Redevelopment. The project is adequately funded in the Capital Improvement Program. City of Ocoee •301 Maguire Road • Ocoee, Florida 34761 Phone: (407) 905-3170 • www.ocoee.org C G C •St q LL G IL z 3 U 7 re 0 co y o V! Z O H c U 6 m o al c W V n W m v 7 f W Z W O u o O 5.c= .o LL Q J >CO a E E O N a a 0 LL J o C, `. YY pi c 0 0 toy c a K = - $ a z a O N _ N CC Ill a E C C a C Q Q i. Zu.E;:T�a uJ U O I a, 0 co 6 = r ` . a' 6y H � a N Z 0 U N 0 N 4t Oa W a' z O o ato = w CC O 0 -c U 0 p r Z I z 0 H 0 D C z O c-7-0— C.) U o W of CC c W a) Z E W H a) > (I) d a) Q J _ E O c E W, o o O 0 a) ti 2 N D0) O J m — r C r m Ct o 0 -a G O LL c u- WZ c :., BYO o w E a CL O w cu Z E Q E oU Z 4.0.' c O O P. CO "Cr If) iu U C O O O O O Z is D O W W a 7 7 7 7 7 Y CoH Nc z Q' W W W W W OF X Z O 0 i vc- Li/der I RFQ#1702 CONSTRUCTION MANAGER AT RISK FOR BLUFORD AVENUE RECONSTRUCTION INDIVIDUAL EVALUATION FORM Individual Evaluation Form Evaluation Criteria Oeiricn Construction Inc. r Overall Expertise of the CMR to provide requested services:General civil;Roadway and other transportation; !J o Environmental and slormwater;potable C� water,sanitary sewer,and reclaimed water utilities;Parks and recreaton (0-30 points) Past performance and experience of 2_(] the CMR Project Team (0-30 points) Project approach and understanding ' of the project J (0-20 points) Current and projected workload of the CMR (0-10 points) Location of the Office and Proximity to the City of Ocoee (0-5 Points) 3 Certified Minority Business Enterprise (0-5 Points) 5 TOTAL POINTS (0-100 Points) ` b 68 MEMBER RANKING Evaluator Sana______" YT al. )Cr Evaluator Signature 1 z O P • �\ C v I z ci W o o _ 1 10 o W U 100 DI m m >• ce U re 0 0 \ . j O• a w Op 0 LL — F O O 9 m D IT 00 > --ap, m a Z' LLLLm a m m o E• �.. K m a 8 « c r u o u 'a C n LL ce a = 'C @• oo02 0, O s. < > 0 o0E3a °1 wo % m c° u `m m C E ' totova a � OS al • 1 tz0 < W m urn 2 � C m « c °c 0 a 2 2• D 0 a ' 3 C . 0D. 00- c Yt m 9 v1 .` o n £ � � z E O v w 0 n E 052 ,17:. t rc o c E W C 'a CC _ C a c $ n o rc O• v - @9 _ 2 ma 002 ory £ ue u $ �n md2 f ? 2 - K w nuw 3 3 `: a .. � i `o _ U $ �07 32. OwC � � o w I.- 0 Z 0 0 -C }'?1/1,) 1 R c<<Ikeit i _3 RFD#1702 CONSTRUCTION MANAGER AT RISK FOR BLUFORD AVENUE RECONSTRUCTION INDIVIDUAL EVALUATION FORM Individual Evaluation Form Evaluation Criteria Oelrich Construction Inc. Overall Expertise of the CMR to provide requested services:General civil;Roadway and other transportation; Environmental and stormwater;potable water,sanitary sewer,and reclaimed water utilities;Parks and recreaton (0-30 points) 28 Past performance and experience of the CMR Project Team (0-30 points) 28 Project approach and understanding of the project (0-20 points) 19 Current and projected workload of the CMR (0-10 points) 5 Location of the Office and Proximity to the City of Ocoee (0-5 Points) 3 Certified Minority Business Enterprise (0-5 Points) 5 TOTAL POINTS (0.100 Points) 88 MEMBER RANKING 1 Evaluator Name /412,1e4 Evaluator Signature ✓✓ 1 L, VLi(LCahr �J RFQ#1702 CONSTRUCTION MANAGER AT RISK FOR BLUFORD AVENUE RECONSTRUCTION INDIVIDUAL EVALUATION FORM Individual Evaluation Form Evaluation Criteria Oeirich Construction Inc. Overall Expertise of the CMR to provide requested services:General civil;Roadway and othertransportation; cnil;rooad and stmwater,potable water,sanitary sewer,and reclaimed water utilities;Parks and recreaton (0-30 points) Past performance and experience of the CMR Project Team5 (0-30 points) Project approach and understanding I /) of the project / (/1 (0-20 points) Current and projected workload of / the CMR (0-10 points) Location of the Office and Proximity to the City of Ocoee (0-5 Points) 3 Certified Minority Business Enterprise (0-5 Points) 5 • TOTAL POINTS �) (0-100 Points) • MEMBER RANKING p� ' Evaluator Name fZ/(6/Ihe0 �!q/r1'2f/}3A/112 Evaluator Signature f, 1 z 0 0 U 0 reF COZ W a W 0 CU o > > O ccgici .co6 00 U.CV F ao > a _ a rcIL _, E T. a c a `m E \J NQ O 2o gaE o 9 m 2 �V C0 ° K aE v 'E @ o i O M m n Q > O 0 u . 3 o vg c 3 m me 13 E W .•m Y m c w . F 4 3 E c 0 w z \ f m v n ' ; rw9 U wS 8 `o Z,9 9 m n o z O a w mo = agom E - t rc a q n a A cm n o m o a o w L3 V m n_ . ��oo w o j5mr Cqqit � y FOo W w d' C W a c u W 3 3 E 6 5 . a im e l 0 E 0 .9 0 V W 0 0 f 1- co N z O o (...r j r77117TV --) Z 0 f 0 0 rc r z 0 0 co U 0W K 2 > rt a � pu. 0 o . « � m ac .11- 00 > U- M a I rc - Q > \ v. 0 z 0 U 0 w enH 0 z 0 0 U 1 - . RFQ # 1 702 Construction Manacer at Risk for Bluford Avenue Reconstruction City of Ocoee iv _ .4('''' z' i• �• :. rut.. "- g• ',./. -°' II '''''"ii;+4,..4 -., _ ---- ocoee ... ....-/1 ` ' BLUFORD/WE -. ,` sr, le% -. Illibi 3: OlttOELRICH sem.. `r t- r 't: , _ CONSTRUCTION Y ,, • . '"' INC. t ,„ - - _.. , I, 275 NW 137th Drive, Suite A Jonesville, FL 32669 www.oelrichconstruction.com . V, • raral et r 1 /I 14- -1".,./rillt : -_ —. * ittBLUF*4,111111M D AV • v • ,. -, jr •'4, ' t , ' / r.el - lai6"'"': NI 1""muliNtrbaa►., villip ---.,gra". - - • \" ,.0 ,, 4 r /0 Table of Contents Cover Letter 01 CMR Qualifications: A- Key Employees/Project Team Member Resumes 03 B - Certifications and Licenses 08 C - Oelrich Construction Project Staff Organization Chart 10 D - Similar Projects 12 E - Client References 19 F - Current and Projected Workload 21 G - Project Approach for the Bluford Avenue Reconstruction 22 CMR Office Location and Other Forms: H - Office Location 37 I - Surety Letter of Intent (Bonding Capacity) 38 J - Company Information/Signature Sheet 40 K -Addendum Acknowledgment 41 L- Minority Enterprise Certification 42 M - Summary of Litigation 43 I 6 OELRICH CONSTRUCTION INC. February 20, 2017 Joyce Tolbert Purchasing Agent, City of Ocoee Finance Department 150 N. Lakeshore Drive Ocoee, FL 34761 Re: RFQ#1702 Construction Manager at Risk for Bluford Avenue Reconstruction Dear Ms.Joyce: From relocating City Hall to improving the region's stormwater treatment system to expanding the Lakeshore Center,the City of Ocoee is making a landmark$25 million investment in revitalizing Downtown Ocoee. The Bluford Avenue Reconstruction project is a crucial component of the city's plans to strengthen Ocoee's public Infrastructure and increase its ability to recruit/retain economic growth.We understand that the scope of work for Bluford Avenue involves: • Bluford Avenue Element#1-upgrading approximately 3,000 linear feet of water main, new gravity sewer system and new 16•force main along Bluford Avenue from Delaware Street to Silver Star Road(SR 438). • These underground enhancements will correct localized flooding concerns, increase sewage capacity,and support the area's growing commercial/residential market. • Bluford Avenue Element#2•reconstructing approximately 3,000 linear feet of Bluford Avenue from Delaware Street to Silver Star Road(SR 438)including storm drainage,concrete curbs,asphalt pavement,brick pavers,sidewalks and land- scaping. • Combined with the utility upgrades above,these stormwater treatments will im- prove drainage and stormwater carrying capacity. More vibrant streetscaping will create a continuous sidewalk grid that will improve safety,traffic circulation,and 275 NW1..7th No economic activity. Sidon Jort.svilltj,IUMal7669 If we win the privilege of constructing this project,our Jonesville, FL office will be man- oehtcoP4maroncom aging this project.Your team will be composed of myself, Derek Dykes,Matthew Mari- 3r2.745.7077 no,and Matthew Weaver.Oelrich Construction has the vision and technical expertise required to construct Infrastructure enhancements of this caliber.Why partner with us? 6 OELRICH CONSTRUCTION INC. • Our Broad Construction Management Experience.While we do provide general contracting and design build services,Construction Management is our firm's main specialty.We're a certified veteran-owned business with more than 12 years of seasoned CM-at-risk experience on diverse projects ranging from roadways to parks to research laboratories.Your senior project manager Derek Dykes's track record completing numerous roadway projects on time and under budget will be invaluable to the Bluford Avenue project. • Our Emphasis on Safety and Maintenance of Business. Roadways are the lifeblood of cities.With popular schools/churches/businesses like Ocoee Middle School,Church of Christ, Lakeshore Center, Leaps& Bounds Learn- ing Center,and Quadro Supermarket located along the corridor, it will be criti- cal to develop a strong wayfinding strategy that ensures safety and maintains accessibility for all stakeholders.Your senior field superintendent Matthew Marino carries an Advanced Maintenance of Traffic(M.O.T.)certification from the Florida Department of Transportation which gives him the authority to make circulation decisions in the field. • Our Ability to Overcome Challenges and Unforeseen Conditions.You have to prepare for the unexpected when constructing complex transporta- tion/utility projects. Our performance overcoming coal tar/arsenic contami- nation on the 32-acre Depot Park project and completing the multi-phased NW 8th Avenue Road Reconstruction project at 10 percent below the initial budget speaks to our ability to navigate these conditions.Your assistant proj- ect manager Matthew Weaver's military experience building large earthwork structures for the U.S.Army Corps of Engineers will bring deep technical insight to the Bluford Avenue project. You can always rely on our team to rise to the challenge. Signature Oelrich redevelopment projects such as the 13th Street Helyx Pedestrian Overpass and SW 9th'Green Street'at Innovation Square have earned national transit awards from the American Public Works Association for their ingenuity and quality. It would be an honor to work with the City of Ocoee to build a landmark corridor for visitors to enjoy for decades to come. Thank you for your time and consideration of our qualifications. is My l srm Duro State A Nr Nk.Florida 32669 oelrchconstructioncom 392-749-7R77 Ivan Oelrich, President �' Oelrich Construction, Inc. Tab A- Key Employees/ Project and Resumes Role The founding member of the Oelrich Construction team, Ivan Oelrich continues to build upon a solid foundation based on over two decades • of construction management experience. Ivan Oelrich and the Oelrich Construction team have grown the company by focusing on outstanding customer service and building strong and effective communication both within the team and with our clients. Ivan Oelrich is responsible for the overview and success of all construction phases. To ensure overall project success, he ensures that we are proactive and decisive, while providing timely information to both the client and design team. Continually involved in all aspects of the preconstruction and construction processes, Ivan Oelrich guarantees that our clients receive outstanding service in addition to maintaining project finances and schedule. Project Title: C'rllle" 13th Street Helyx Bridge Gainesville Community Pedestrian Overpass and Plaza Redevelopment Agency SW 9th "Green Street" at Innovation Gainesville Community Ivan Oelrich Square Redevelopment Agency PriocipalPPresident Cade Museum for Creativity and Invention Cade Foundation 20 Years of Experience Prioria Robotics Catalyst Warehouse HQ Gainesville Community Redevelopment Agency Education LEED Gold-certified Clinical Techniques & University of Florida Colorado State University: Skills Assessment Laboratory in Construction Management Certifications Alachua County Supervisor of Elections Nalbandian Properties Certified General Contractor and Property Appraiser Josiah T. Walls (CGC 1510579) Building OSHA 30-Hour Certification ASHE Health Care Construction Cert Collaboration Commons at University of Florida Community Service+Affiliations Marston Science Library President, Rotary Club of Gainesville Boys&Girls Club of Alachua County, Physical Therapy Interior Renovation for University of Florida Board of Directors Builders Association of North Central the UF College of Veterinary Medicine Florida Past President& Board Member Child Advocacy Center Board Member Depot Park Gainesville Community Newberry Youth Sports League Sponsor Redevelopment Agency Boy Scouts of America—North Fl Coun- cil Board of Directors and Fundraiser Bo Diddley Plaza and cafe Gainesville Community Leadership Gainesville LG34 revitalization Redevelopment Agency Tab A- Key Employees/ Project and Resumes : '` Role Some of Derek Dykes' duties include meeting with project team; guiding • - decision-making and overall project strategies; establishing budget review of the design, developing GMPs, monitoring preconstruction activities, finalizing contractual arrangements, reviewing shop drawings, and change orders, processing RFI's, monthly 0/A/E meeting minutes and weekly subcontractor coordination meeting minutes. Derek Dykes will work with the Architect/Owner throughout the project to provide a r. general overview of management to ensure critical milestones or meet on schedule, develop project team relationships and the continuity of project r objectives during construction and close-out. His U.S. Green Building w- Council LEED training and experience will bring great value to the Bluford Avenue project. Project Title: Ovrner 111' Annual Pavement Contract City of Gainesville NW 8th Avenue Road Reconstruction & City of Gainesville Creek Sediment Control Derek Dykes Fire Rescue Station Gravity Sewer Line Alachua County Senior Project Manager& Preconstruction Manager FDOT Sanford Administrative Building Florida Department of Renovations Transportation (FDOT) 17 Years of Experience 17th Street Road Reconstruction Gainesville Community Redevelopment Agency Education Stephen Foster Neighborhood Resurfacing City of Gainesville University of Florida: B.S. in Business Administration Certifications 13th Street Helyx Bridge Gainesville Community LEED AP Pedestrian Overpass and Plaza Redevelopment Agency Florida Builders License (Florida CBC#1259995) SW 9th "Green Street" at Innovation Square Gainesville Community OSHA 30-Hour Certification Redevelopment Agency ASHE Health Care Construction Cert UF Nuclear Medicine Positron Tomography University of Florida Community Service+Affiliations Emissions Room Renovations Health Hospital Associated Builders and Contractors (ABC)-Orlando Chapter Member Clinical Pathology Lab for the College of University of Florida Commercial Builders Coucil- Veterinary Medicine Builders Association of North Central Florida(BANCF) Member Collaboration Commons at University of Florida Marston Science Library Depot Park Gainesville Community Redevelopment Agency ,. ..._ e/ Tab A- Key Employees/ Project and Resumes , Role Matthew Marino is directly in charge of the physical day-to-day construction operations on site. Matt's primary focus is to control construction operations and maximize workflow. He will work closely with the Project Manager and his responsibilities on this project will include monitoring of subcontractor activities, presiding over subcontractor meetings, scheduling review and updates, disseminating relevant project ii., ( , information to trades, conducting safety meetings, supervising and recording daily jobsite activities. Matt is the eyes and ears onsite to ensure safety is the number one priority. Matt's technical knowledge and attention to detail will be an asset to the Bluford Avenue project. Project Title: C'vnor: SW 9th "Green Street" at Innovation Square Gainesville Community Redevelopment Agency Stephen Foster Neighborhood Resurfacing City of Gainesville Matthew Marino Principal/Senior Superintendent 17th Street Road Reconstruction Gainesville Community Redevelopment Agency 18 Years of Experience 13th Street Helyx Bridge Gainesville Community Pedestrian Overpass and Plaza Redevelopment Agency Education LEEDSilCertified Turlington Hall Food Universityof Florida University of Florida: ver- g B.S. in Business Administration Court Addition Certifications Depot Park Gainesville Community OSHA 30-Hour Certification Redevelopment Agency First Aid/CPR Certifications FDOT Maintenance of Traffic Adv. Bo Diddley Plaza cafe and Gainesville Community Cert. revitalization Redevelopment Agency Heavy Equipment Operator—Class 5 Powderion Control Tool Assessmentsicion Clinical PathologyLab for the College of Universityof Florida Infection Control Risk 9 Cert Veterinary Medicine HAZWOPER 40-Hour Certification Frame,Tube&Coupler,and System Scaffolding Certification NW 8th Avenue Road Reconstruction & City of Gainesville Creek Sediment Control Community Service +Affiliations Planning&Zoning Board Commission- Physical Therapy Interior Renovation for the University of Florida er for the City of Williston UF College of Veterinary Medicine Rotary Club of Gainesville Member SFC Master Trades Advisory Board President, Central Christian AcademyAlachua CountySupervisor of Elections and Nalbandian Properties Board Property Appraiser Josiah T. Walls Building Tab A- Key Employees/ Project and Resumes . Role Matthew Weaver will work with Derek Dykes to solicit affordable, quality subcontractor bids for this project. He will ensure that communication between the field and office is seamlessly executed. He will support • RFI processing, construction drawings review, monthly 0/A/E meeting minutes and weekly subcontractor coordination meeting minutes. Weaver completed several major civil projects for the miliary including: < 4 Bayazo Bridge in Afghanistan, Smithfield Street Bridge Corrison Study in Pittsburg, and the William P. Fahey Bridge Corrison Study in Chicago. His - extensive military background and civil engineering experience will bring • unique insight to the Bluford Avenue project. Project Title: 0,^icer: $'\ Bayazo Bridge U.S.Army Corps of Engineers k Smithfield Street Bridge Corrosion U.S.Army Corps of Engineers Study Matthew Weaver William P. Fahey Bridge U.S.Army Corps of Engineers Assistant Project Manager 6 Years of Experience SW 9th Street at Innovation Square Gainesville Community Redevelopment Agency Depot Park(Phase II amenities) Gainesville Community Education Redevelopment Agency University of Alabama: Master of Engineering in Depot Park soil remediation City of Gainesville Public Works Construction Management Military 13th Street Helyx Bridge Gainesville Community U.S.Army Engineering, Pedestrian Overpass and Plaza Redevelopment Agency Ft Leonardwood, MO UF Veterinary Medicine VS-23 Lab University of Florida Certifications Renovation OSHA 40 hour HAZWOPER Certified UF Biomedical Engineering Fume Hood Universityof Florida OSHA 30-Hour Certificationg g CPR/First Aid Certification Installation (Room J323) FDOT Intermediate MOT Certification Alachua County Supervisor of Elections Nalbandian Properties Community Service +Affiliations and Property Appraiser Josiah T. Walls Florida Recreation&Park Associa- Building tion Member and Exhibitor Habitat for Humanity Volunteer LEED Gold-certified Clinical Techniques University of Florida V Foundation for Cancer Research & Skills Assessment Laboratory 6 0/ Tab A- Key Employees/ Project and Resumes Role Rustam Burangulov started his career in construction industry working for a local subcontractor and later pursued his education in construction • management. Rustam spends most of his time in preconstruction, developing accurate cost estimates that match current market values. • Trained in Navisworks, Vico and Revit, Rustam also serves as Oelrich Construction's Building Informational Modeling (BIM) Coordinator. He works { with Derek Dykes, the architect and engineering team to translate design changes into real-time cost estimates. This iterative cost modeling technique is an instrumental component of all our major capital projects. Rustam's extensive relationships with subcontractors across North Central Florida will ensure that you receive the best quality products and services for the best pricepoints on the Bluford Avenue project. Project Title: Owner: NW 8th Avenue Road Reconstruction & Creek City of Gainesville Sediment Control SW 9th "Green Street"at Innovation Square Gainesville Community Rustam Redevelopment Agency Burangulov Annual Pavement Contract City of Gainesville Estimator& BIM Coordinator Laboratory Clean Room Brammer Bio 9 Years of Experience Renovation Phase I Depot Park Gainesville Community Redevelopment Agency Education UF Nuclear Medicine Positron Tomography University of Florida University of Florida Emissions Room Renovations Health Hospital B.S. in Building Construction UF Family Medicine Office at Haile Plantation Bosshardt Realty Certifications Associate Contractor Certified OSHA 30-Hour Certified Clinical Pathology Lab for the College of Vet- University of Florida CPR Certified erinary Medicine Navisworks,Vico Er Revit trained Community Service+ Affiliations Pharmacy Expansion for the UF College of University of Florida Builders Association of North Veterinary Medicine Central Florida Member Associated Builders and Contractors(ABC) Cade Museum for Creativity and Invention Cade Foundation -Orlando Chapter Member MN Tab B- Certifications and Licenses r' RICK SCOTT,GOVERNOR KEN LAWSON,SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION rr � CONSTRUCTION INDUSTRY LICENSING BOARD LICENSE NUMBER .44.:, {r . CGC1510579 K{-.. -•-,....-Zi The GENERAL CONTRACTOR t z0::r4,.. Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31,2018 OELRICH, IVAN ALEXANDER L ly OELRICH CONSTRUCTION INC I, 275 137TH DRIVE z?""",, :� -",\` -•-\tea.. i': J • _ SUITE A `<.`is,-, r NEW BERRY FL 32669 # 4 ISSUED: 06/22/2016 DISPLAY AS REQUIRED BY LAW SEa# 11606220001009 •t^ 1 , State of Florida qtr;. 1 , Department of State r-, t • ' r* _. 0.1% ' I cemfy from the records of this office that OELRICH CONSTRUCTION.INC 1 j is a cosec non orgmized under the laws of the State of Florida.filed on n fiafillh - .._ ,_ October 29,2004 x The document number of this corporation as P04000144764. r_' I further certify that said corporation has paid all fees due tins office duough • -'1 ., \ December 31.2017.that its most recent annual report/tauform business report ).1‘ STARKE was filed on J.muty 12.2017.and dat its status is anus-e I: r•._••l C . w LAKE �, * t I further certify that said corporation has not filed Articles of Dissohmon t� r{A .. 1 ► I 1 t '' w> , G,,ra aan.i 1...1 mod rAr r .r -r r , '1 pl a a r' Gfeet SnleftA.Star.of Flo„J. 1 .In 3.. ► iti ,r 7 G .- in T.r4An,..,rA.('.prul.'Sn t'. LI.w 1 1 r ,tr 6-. '. theF .arI lay of febra.n•. 'Il' 1.. 11. 11":1. Vit( :f o r r,i r ,r s:; C _-..9, • . f '. 2 .- tdayriev , f 7. c 1—r (rte / 'e r tifh, } M 0 r� • +.� •?-,.a./ .Secretur�•gf State t - rrubeag f..A.,:(teNnsfi4i 'l„�•,• „ , • T.soOv,w sb,Y.o,Mkuo,.oanM/oars r .u.,,an os4n.M hAw follow gib* ho eta•4 st.yn.)N ' ` I •,{_ IMP 1.'m ss+mitismsida•tfreMn.afSnniT:frNsomulkaguitsi 8 Tab B- Certifications and Licenses • Certificate of Completion f • `�" Matthew J.Marino ".• 'r'^w✓��+.–lfsy y ..--, _� � � ... `- 11 Has Completed a Florida Department of Transportation 1 w CITY HALL ,.i y • Approved Maintenance of Traffic(MOT)Advanced ��'M L� ' ;1 ".414:ref' _–e. Course. l'J I •1 ` ,� . .S t`_ ' ow r. 6 C_ � T--�- e w - I .BLUFORD AVE UF; gnnvl-.. FDOT� - /",r „now n11 .....,�... ».+.r. rrrr. iir t.' –.. arm 'Or • ` � �_� a. 'r( V!"f'la. 'MITTa'i. 9 i•,at\5't sa`j e gat yt 0, QUALIFIED x r. STORMWATER MANAGEMENT ) ..` INSPECTOR The undersigned hereby acknowledge‘that r'–. n, ..– , Matthew Marino has succos(ully met all requirements necessary to be fully qualified through 4 Florida the orida Department of Environmental Protection Stormwatrr Erosion and Scdimentatirm Control Inspector Training Program Mg,}a»Mg lir ''• ' by er..n"MM rna} Ilil Ian.4. tu7;:. ‘Qxtificate of Comp(etro Tnl.m.n.nr.M,.l Matthew Manno LE E D ......w«., AP • HAzwopER a0 HR re, w..nl,,„...nc.h...h.rnawM(rltnoaw_4 0 ttU.l:.WlC—. rwa 3n1I otos tutor unnfsirlla ternottiono.,o2o4001e ,ASLI,, DISI IN1 t ca.n aoronJe O Derek Steven Dykes IACET LEES AP BULAIMG DESIBM+CONSTRUCTION 13EOtralri+6`°°' PROVIDER 1 MM.Y+aw.IMlw-IY.iwrt. .awnnnT•r00�.I,,.w.ew 1.1•41.....x.... "0111•4.140•4 0.1.1:41.0111•04.4.416,fl——. .• •....... t { �' LJJ _11e*ALE1 ions Sea= UJJ _ ..... .. Ma 4 9 0 Tab C- Project Staff Organization Chart } �y A '.... .it..01: ,t , / 11.eagaw-;' r ,dil I 1 tiiiii I iii. , ' ,. . 11.1.1,0,A ' , / 5 Y 1r. . — 'iejkleat' ' lit '' - 4 -'"t ...' / wor A.:4115 ,, !.,.• itt . k it't• 4-i':' , ._ '"Itt'.-. --, ,. , fir.:: r 'A t a w a ._ i , -1 Oelrich Construction has had the honor of completing landmark Gainesville projects,such as the 13th Street Helyx Pedestrian Overpass. 0 IVAN A. OELRICH President/ Principal CHRISTINA SAPP Senior Account Manager OELRICH CONSTRUCTION NATHALIE CYNTHIA INC. MCCRATE LOCKE rnmke•ina Coadlna m Accounting Manager PALOMA JEMIRENE DEPENA GUTIERREZ Graphic Design Office Manager Intern JOSHUA BLACKFORD MATTHEW J. MARINO vat, Senior Project Ivtanayer Principal/Senior Superintendent I 1 DEREK DYKES JOHN HUNNICUTT BRAD PATTERSON ETHAN NEWPORT Sr.Project Manager Project Manager Senior Senior Superintendent Superintendent MATTHEW WEAVER KARLIN RYAN JAVELL WOODS JACK MCDONALD PAUL BRENNEMAN ERIC CHILDS BRADLEY METZLER Assistant Project WARK Project Engineer Project Engineer Superintendent Superintendent MCDONOUGH Superintendent Engin Manager Project Engineer Superintendent RUSTAM BROOKLYN MATTHEW SEAN STRAYER MICHAEL TURNER BURANGULOV POWELL BLASKOWSKI Project Engineer Superintendent Estimator Project Engineer I Project Intern 10 • 0 Tab C- Project Staff Organization Chart v. Itii- As$04, _ ' .,,,' ,, • (cope_ IVAN OELRICH PROJECT OVERSIGHT DEREK DYKES +Executive Management, SR PROJECT MANAGER Vision & Direction +Primary contact from design to construction to post-occupancy + Preconstruction Management + Cost control&VE strategy +Client coordination + Bi-weekly project meetings ti, e FIELD OPS MATTHEW WEAVER MATTHEW MARINO ASST PROJECT MANAGER SR FIELD SUPERINTENDENT + Civil engineering/technical +Scheduling reviews +Site logistics, preparation +Support logistics strategy +Safety education + Communication support + Field supervision + Materials review and CMI +Timeline management support + RFI's, material installations lila RUSTAM BURANGULOV ESTIMATOR/BIM COORDINATOR +Preconstruction support +Cost estimating +Subcontractor outreach + Building Informational Modeling (BIM) IN /0 Tab D - Similar Projects y • - *sof .,,,-Ar' NW 8th Ave Road & Creek Restoration Type: Road reconstruction and creek sediment control .t.:':':. .::-- Design Dev. Budget: $5.7 million Final Contract: $5.2 million '._ • .4 Size: 3.5 miles •- INk, Construction Start: August 2015 ' , .- Construction Completion: November 2016 't * ,, �' 'r Services Provided: Construction Management at Risk y s 1 ' ** Description: -". k-" The resurfacing and reconstruction of NW 8th Avenue ':7.1 , (1from NW 40th Drive to NW 7th Street was divided into three segments. The scope of work included: removing .v- and pouring selected sections of sidewalk, f-curbs, and e j ^M1 driveways; installing a new pedestrian crosswalk with Pedestrian Activated Rapid Flashing Beacons; milling the roadway to various thicknesses; applying new t , asphalt with new asphalt striping; replacing old paths - r• _ • with new ten-foot sidewalks; and creating new paver I F • medians with ADA ramp truncated pavers. The project _ - also includes widening the street by approximately 600 linear feet to install a new turn lane. Four new 24 inch RCP culvert crossings with a new stormwater structure were set and modified to tie into existing stormwater pipes. Downstream at Possum •. Creek, the project also includes stabilization and creek ►' repair by using new steel sheet piling and concrete to stabilize the creek bank and bottom around the roadway culvert. Downstream of Hogtown Creek, the creek bed was excavated down to 84 feet and stabilized. From •.ar • NW 8th Avenue, Hogtown Creek was dredged to Eliza- y. . beth Creek so that Hogtown could flow into Elizabeth. {- :,_ „r Owner Reference: 'Lo . '.Iii, t` -Z4107,' Stefan Broadus, Project Engineer City of Gainesville Public Works Department "' broadusm@cityofgainesville.org • �"`. ---c—" i 352-334-5070 y• Location: Starting at intersection of 34th Street and NW 8th Avenue Gainesville, FL 32605 1 IN /69 Tab D - Similar Projects Innovation Square - SW 9th Street Type: Road reconstruction and major utility installations Design Dev. Budget: $2.1 million - W.,. ?' '� Final Contract: $2.3 million Size: 1 mile • - Construction Start: September 2013 i - Construction Completion: May 2014 7- STOP ; 1 Services Provided: Construction Management at Risk - . 1 Description: %,-; • Forming the foundation of Innovation Square, SW "' —`� 9th Street is a new concrete roadway extending from the north side of SW 4th Avenue to the north ` side of SW 2nd Avenue, totaling a distance of 500 feet. This project consisted of a new 72" stormwater col- -�� lection system, new electrical as required for street II lighting, bio-retention cells, bio-retention basin,• excavation of unsuitable soils as required to con- ,-- struct new roadway base, the City's first concrete roadway, pedestrian boardwalk and benches, gravel pave area, cast in place concrete retaining walls, silva cells for trees, and all-new landscaping. The project won a state and national Project of the Year award from the American Public Works Associ- ation (APWA). "" ' - Owner Reference: _ Sarah Vidal-Finn, Director ' ." Gainesville Community Redevelopment Agency vidalsc@gainesvillecra.com v i•. ,.._ . — 44- A352-393-8203 11111 1. Location: f � Starting at intersection of SW 3rd Avenue and SW 9th Street Gainesville, FL 32601 ------- SW 9th Street ARMNational+State APWA Winner La. d- ■ 2015 Project of the Year Transportation Category<$5 million /69 Tab D - Similar Projects " `° Downtown Depot Park 4 Type: Central Park and stormwater mitigation system a** Design Dev. Budget: $8 million Final Contract: $5.86 million -. Size: 32-acres /3. .. Construction Start: September 2015 it:u s�, Construction Completion: July 2016 -t Services Provided: Construction Management at Risk i• 'f Description: ; y Listed on the National Register of Historic Places, ..--=' ' - . _ - Depot Park is anchored by a restored, 1860s-era ` p �. train station that served as Gainesville's main rail- :; ' road hub for 60 years. This rustic, railroad theme informs the aesthetic of the wholeark.The Down- '� ,• f� `J- Be\Q• _" town Central Park includes: a football field-sized Adventure Play Area with more than six distinct play - i \<` zones, two iconic gateway features, site lighting, 4 V \' landscaping, a water's edge promenade designed.t.. 7 -- ;'�''� \' to host food truck rallies and festivals; picnic pavil- '= . ��_��‘ " ions; and a pedestrian bridge. / s_A 4,, One of the park's biggest construction challenges was overcoming the brownfield site's lingering coal tar contamination. Our team coordinated extensive- , ly with local environmental regulatory agencies and • implemented several safety measures to maintain the integrity of the ''•.--. .e, '. •,.,,,,, g Y $• 11 _ --7-•....,;� 2 foot clean soil cap. mil:� aka.;` ! .�j t;`i Owner Reference: �'-~- Sarah Vidal-Finn, Director �`'' Gainesville Community Redevelopment Agency ._ 111111,!07: ; vidalsc@gainesvillecra.com 352-393-8203 ,.- Location: •- - Depot Park, 201 SE Depot Avenue l •-..-,,,,..:,...s..:., �� Gainesville, FL 32601 14 I /69 Tab D - Similar Projects . ::'. _ Helyx Bridge & SW 13th St Plaza Type: Pedestrian overpass, plaza and streetscape Design Dev. Budget: $2.7 million ,..*:,4,,, Final Contract: $2.3 million ...,,,,, „ tb; �. Size: NIA '' Construction Start: March 2012 ., -:. , Construction Completion: October 2012 [' I. iii " ...,,,_ rr „.,4 Services Provided: Construction Management at Risk 'i'+1 Description: 1 Renovating the Depot Avenue Rail-Trail pedestrian ,.:. . - overpass into a more functional and iconic gateway 11 ' -.• -"' '—" feature. We constructed a plaza and staircase adja- It' cent to the over pass to establish street, sidewalk, `I , and transit connections to link the rail-trail system mr•-•�'z-A-Y- " to an extensive network of multimodal access ------7-------___- - 4r- points. The project involved coordination with utilities, a maintenance of traffic plan for U.S. Highway 441, a new stormwater collection system, construc- tion of new retaining walls, and new landscaping. Complete demolition of existing walkways, utili- ties, curbs, retaining walls, and landscaping was required to provide updated water service, storm- water collection system, street lighting, increased walkway width, new retaining walls, new concrete sub-base, brick pavers at walkways, and concrete -- driveways for residences and active businesses. All ' work was completed with an approved maintenance of traffic plan and the project was phased to allow all businesses, residents, pedestrians, bus passen- ,,, : ; gers, and vehicle traffic to maintain activities and •''g'' operations as required. 40. •':••. •gill, ''�' a 1.'.,,,.: Owner Reference: 1 !, v� Sarah Vidal-Finn, Director ::�1 8:-, Gainesville Community Redevelopment Agency p vidalsc@gainesvillecra.com '''-'- - 352-393-8203 �� SW 13th Street Helyx Overpass Location: National+State APWA Winner Intersection of SW 13th Street L ■ i 2014 Project of the Year Gainesville, FL 32601 Y C prMent.*polRt YAorIs Reiown Transportation Category<$5 million /69 Tab D - Similar Projects UF College of Veterinary Medicine Three Story Laboratory Addition Type: Scientific research laboratories Design Dev. Budget: $3.1 million Final Contract: $4.8 million* Size: 16,000 sf Construction Start: November 2014 Construction Completion: May 2015 Services Provided: Design-Build • "project budget increase due to client receiving additional funding for more labs t This LEED-Gold certified project involved constructing three new floors atop the existing one-story Veterinary 1-'. Academic Building. Building on top of an owner-occu- pied building, necessitating precise phasing plan devel- opment during preconstruction. The second floor space now houses a state of the art ` ! _ animal simulation laboratory used to train students in the skills required to operate on live animals.To develop new methods of combating deadly diseases and virus- es, the third floor space contains a self-sufficient, fully functioning research laboratory. Creating a culture of T` Vs,Visiii. safety resulted in zero citations from a surprise OSHA t inspection and zero accidents or injuries onsite. " 111, al Owner Reference: III: University of Florida Planning, Design &Construction 4' Project Manager David Wood ' `�' .1 davidwwood@ufl.edu i -, .4 352-273-4440 y` Location: .iiiiiiiir UF College of Veterinary Medicine 2015 SW 16th Avenue Gainesville, FL 32608 suitoby 0 UF 590 Research Laboratory I' ', , n U.S.Green Building Council �;' „ January 2017 LEED Gold certification osGec 16 1 /69 Tab D - Similar Projects Cade Museum for Creativity & Invention Type: Science museum on brownfield site ...,,,,,„ Design Dev. Budget: $9 million P Final Contract: Currently under construction 4...T- - ii ad" * Size: 25,747 sf Construction Start: April 2016 moinnow �� s l � Construction Completion: Summer 2017 M.1111E11111131 Services Provided: Construction Management --_� ..._..- 1111E11111131Haan iil_ . . , -,-- 131111 EMI Description: (.1.L-16Founded by the family of Gatorade inventor Dr. mitt ��i� Robert Cade, this museum is devoted to fostering 11111110111111177 MIER science, technology, art, and invention. This effort loin M1 I 1tiRim consists of constructing a new multi-story museum ILL t'�l��l� � , on a 32-acre industrial brownfield site. Currently underway on the west side of Depot Park, the Cade Museum will be a three-story structural steel building. Scope includes sitework, landscape, concrete, masonry, steel, casework, waterproofing, roofing TPO, metal wall panels, doors and hard- ware, glazing, drywall, acoustical panels, tile floor- ing, resilient flooring, painting, specialties, signage, canopies, elevators, fire protection, plumbing, • HVAC, electrical, communications. 1 ,,, , • if c.D, r Owner Reference: _:- Cade Foundation Development Director Leslie Ladendorf --;ems Iladendorf@cademuseum.org s. - IF 352-371-8001 t'- Location: "' Cade Museum "'°`" 904 South Main Street •.. } Gainesville, FL 32601 .i i Tab E- Client References kw; ,,f9 +, ;_ .,." - - Ili ,,, •Ijillinik_ Air 1 11111144111.111 , toilmmour„-- Pito.- .1 (� x:W `e..'v.�`► Client References •r , c -�, UF Planning, Design and Construction Miles Albertson ` ' x Director of Major Projects and Special Programs , • ama@ufl.edu Ac- XII I K• -,„ j .' 352-273-4020 o Gainesville Community Redevelopment Agency ern li/ Sarah Vidal-Finn Director a vidalsc@gainesvillecra.com 352-393-8203 ; T,J\ = j City of Gainesville Parks, Recreation and Cultural Affairs Cindi Harvey - _ Depot Park Manager ,�:.. • '.i'', harveyck@cityofgainesville.org t ;,c t'” _ ` 352-393-8533 --5 i r �,,,t City of Gainesville Public Works Department 11'Ls rW ? " Stefan Broadus __ z=� __` Lx. -'�; M•, Project Engineer IV ,f•,•••; _,--`''....11-7C—...77' broadusm@cityofgainesville.org n, 325-393-8406 18 /� Tab E- Client References CI ix Or Public Works GAIN,VILLE 405 y 39F Avenue every path sins wnh passion Gainesvile,33 32609 noarsn (3521334-5070 www.ciyofgalnesville.org To Whom It May Concern Re:Recommendation of Oeirich Construction,Inc Dere:January 3,2011 On Mich 5,2015,the City solicited responses lora Request for Qualifications for Construction Management at Risk services for the construction of NW 81`Avenue.The project originally inducted appmdmatey three mks roadway construction and selective sidewalk repass.Oekich Construction,Inc.(OCI)was selected as the most qualified firm and the City entered Into a contract based on a negotiated Guaranteed Maximum Price. At two separate instances at different stages during construction,the snipe of work changed at the request of the owner.The first change included the addition of nary$1 million worth of environmental restoration of a historic floodplain and adjacent creek systerns.Derek Dykes,project manager for OCI,carefully albtted an appropriate amount of allowance for this work even when the plans were Ma at the conceptual stage.As plans were refined,the crafted bid package was released to competent subtanuwtors and owner's savings was returned.The second change consisted of a modification to the!tripilg plan.Dere:agan prepared the impacts of this change albwing the owner to weigh the cost of the decision against other factors. Anotherabnnisuatwe function that was well handled was incorporating utility work by highway contractor vis the owners swings The City had votary sewer work the needed to be performed in conjunction with the primary scope of work.Instead of contracting this out separately,at the Owers request OCI incorporated the work Into their scope saving the City Incident cats such as second Mobilization and Traffic Control for the Utility Contractor. In the field,Matt Marino effectively managed a wide variety of subcontractors ranging from asphalt pavers to earthwork contraries Minor deviations from the plans wee quickly resolved in the field while major decisions were promptly comhmnioned to the appropriate party.All were professionally documented through an open software system that facilitated communication across the project team. This canpleapraject was completed on sd,edide with an owners savings of nearly 10%ofthe total cost I would NOW recommend OCI for any sinilar construction project. Thank you, Stefan C: '2q X CF:/ Stefan BMdus Protect Engineer IV 352-3938406 MOadlgm@tityofgainesvilk oro OUR VISION:The City of Goinesvige will set the standard of excellence for a lop ten mid-sized American cily; recognized nationally os an innovative provide of high-gwliy,cosiefedive services_ /� Tab E- Client References ttGainesville Community Redevelopment Agency famury 19,200 M LH4rdlleference for Delta Caewcllm,Inc. To Whom N May Concern, Please accept this leper as a testament to my suppon d oaten Comlmcon,Inc for your protect Tare are many reasons I can attest to their ee erlence and performance and will hkhlght a few below. in August 2015 we competed a 20r year brownlleld remediation into the mon radical 32-acre stormwater park and public amenity our region has ever seen. 'Depot Park'Is Gainesvlle's"Central Parr and has become a hub of community activity,family outings,birthdays.conxrts,darty strolls and more.The Park contains a football tier sired playground,an Interactive'grotto'featuring waterfalls,lee and water cantons,pini Morons,a promenade for events and daly enjoyment,a conservations area.open bwns,a Wasik Depot building and general store;and will soon home the 21,000 al'Cade Museum for Creativity and Irwentlon: Otlrkh Construction was our Construction Manager fa the development of Depot Park and Is now burning the Ode Museum.The was particularly complex perfect as a remedbt d site with a 2"clean snit rip that was required to be maintained and tracked.from the get go.the construction team created a system for trailing the removal of dirty soil and replacement of dean fill(and where it al went)in such a succinct and unemodlcai way that our local PCP officials and other stakeholders trusted the team and had complete faith M mak abilities In manage this piece. we art measure how much this assisted the project as a whole.On a protect or this size and complexity,mere were many on sive issues due to the unknown nature.The Oekkh team never brought a problem to us withal a proposed solution for wo or three),This helped us stay on schedule and problem solve together. The oelrkh team were an extension of our project management staff and believed In the project as much as we da, truly undentandke the b1 picture'of what we were ming to accomplish,how special and unique the project was and how Inebriant Is was for them to act as ambassadors for us—not only on-site but in me xmmunny.This shared vision infiltrated meed work,their aukmvact&s work and the end product. I cord go on as there are so many stories that would exemplify the excellent partnership we had with oelrich g Consvuctkn at Depot Park.We've also utilised them on several other CM Kneels include*single-lamlly urban irate homes In war Pleasant Street nelghb'bed,a renovation of our downtown go Oidccy Plan,adaptive reuse of r a decommhslmed utlgty warehouse into Class A office space and more.Please feel free to contact me directly with IP more spedlk questions at vldahcpwinesvillega.cum or(352)393AID3 and I'd be happa to share. ' Best wishes for a successful protect lou you'community! b rind regards, I 3 aiC.V40.:6,,w SarahvvNdal Finn CPADirector f 3 Co 802 NW 5th Avenue,Suite 200,Gamesvlle,FL 32601.13521393-8200 wwwgalnesvIIlecra,com Gil fef3a rggarrFTShi q..r ,m;goo iia t-itwf oivainert'>ic`dv4!A'iik`4g..pi!W;fi'6 0/ Tab F- Firm Work in Progress (W.I.P.) Chart "; Client Start Finish Project Name Name Value Cade Museum Cade Foundation April 2016 Summer 2017 $9M Gainesville, FL City of Gainesville Annual Pavement Contract City of Gainesville March 2017 Sept 2017 $2M Gainesville, FL Lake Nona Project University of Florida March 2017 May 2017 $200K Orlando, FL Vistana Renovations Nvision Development April 2017 August 2017 $350K Orlando, FL Sanford Admin Building Renovations Florida Department of March 2017 June 2017 $200K Transportation(FDOT) Sanford, FL Phase II Laboratory Brammer Bio Feb 2017 July 2017 $3M Alachua, FL Continuing Services for Minor Projects University of Florida Variable Variable <$200K each Gainesville, FL ..- _ t.„ '', 1 i 1 , ''0, * _r:. • . ,. 1 -_.. �_ /��� of • �� " I.•IIa "001°°'11411111 1111 t ' S is 4 ,', tI���A. `•.` _ -- I. I v ce•i - _; '" I i ` elf \ems `- :' 1 7} i' k Tin ' :;:.;.: w ''' \ \ 'A Tab G- Project Approach for the Bluford Avenue Reconstruction ` t�.x. ��A -. 1 7;1. .1i3' ..... Vicc- FRANKLIN ST -.y... - - gal 6; ' " `-"'� F; SILVER STAR RD ' "'� MAGUIRE RD ?V,,,' ..r �.. u, -� a+ •� ',ir, lilltkilti‘ r� �M,e.C� KEY Si �a~ 0, y/� r 8J,4JFORD AVE` � ,-� rte. "', PARK _ j,. kik MIDDLE SCHOOL --- .-p,-..,..--... �.1 .• • - � *•,, • r y�„1dd r,,,, .w ,;.....f,,-s.4,- y,- ,, h. •• " ii1,.. -..../:,), " y � r , . -:.0' .rte• ' ....... . \ \ : . . Our Approach to the Bluford Avenue Reconstruction Project Overview Oelrich Construction is ultimately responsible for maintaining your project's overall pace and cost. Effective construction management is all about logistics and relationships" Overseeing as many as 30 ikiii..., separate subcontractors, plus architect/engineering partners in addition to coordinating with municipalities and regulatory agencies requires a consistent, organized approach.You can rely on Oelrich Construction to deliver responsive, excellent service, despite these ocoeemany moving parts. Key concerns on the Bluford Avenue project include:utility coordina- f 1 o r i d a tion, maintenance of traffic, safety, cost effectiveness, and schedul- ing. 4 MI i 4 /69 Tab G- Project Approach for the Bluford Avenue Reconstruction Preconstruction Philosophy mendation, and budget estimate that is tailored to your unique needs. Preconstruction planning and preparation can either make or break a project. Procurement We understand how critical it will be to complete the Bluford Avenue not only on time and on schedule--but If selected as the contractor for this project, we would in the spirit on the City of Ocoee's Master Plan design strive to hire 100%of the subcontracting team from character guidelines. the Orange County region, granted that the bids meet Orange County's objectives of cost, time, and quality. Having performed extensive urban redevelopment We have access to more than 560 subcontractors work,we understand what affordable, high-quality around the State of Florida through our Building streetscape finishes are on the market... and can execute the quality control standards needed to ensure Connected integrated bid management system.This that they are constructed properly. cloud-based platform securely centralizes bid infor- mation, stores historical cost information for future Our team will work closely with the project design team benchmarking, and hosts an up-to-date contact da- (Barnes, Ferland and Associates; Brindley, Pieters and tabase. Our team utilizes this preconstruction tool for Associates; GAI Consultants)to review the technical cost aggregation, performance analytics and relation- design documents and identify opportunities to reduce costs and ensure cohesion. ship tracking. With our leadership in the Associated Builders and Contractors (ABC) Orlando Chapter Your Estimator/BIM Coordinator Rustam Burangulov and the Builders Association of North Central Florida will work with the Engineers of Record on construct- (BANCF), our team has built lasting relationships with ibility and clash detection. His experience estimating quality subcontractors all across the region. similar roadway projects will facilitate accurate quantity projections.Your Senior Project Manager Derek Dykes will spearhead all stakeholder and regulatory agency coordination on this project. When things go wrong on roadways, we understand that the climate can get political. Client Testimonial Derek successfully navigated these concerns on the "Oelrich Construction, Inc. provided great value NW 8th Avenue Reconstruction and Sediment Control during the preconstruction phase for the NW 8th project.This major road artery fed a major commercial Avenue project. While much of the project was area and bordered a school zone, churches, residential ready to begin construction, the scope in one homes, and nature parks.To assuage concerns, he section was still being defined. hosted community workshops, posted online updates, and flyered from door-to-door. Oelrich crafted Guaranteed Maximum Prices for In the field, senior field superintentlent/principal Mat- the ready sections and an accurate preliminary thew Marino implemented a detailed Maintenance budget estimate for the section under development. p Paired with financials, a detailed schedule was of Traffic(M.O.T.) plan that considered the needs of crafted allowing construction to proceed on the elementary school bus stops, cyclists, emergency first ready sections and roll right into the last section responders, pedestrians, business owners, and drivers. once design was finalized to realize the earliest Derek and Matt successfully completed the project on completion date with little to no gap in between." budget,despite intense public scrutiny and a major design pivot made by a changing City Commission. --Stefan Broadus, Project Engineer IV If selected to complete the Bluford Avenue project, our City of Gainesville Public Works Department team will create a detailed schedule, product recom- 0 Tab G- Project for -,`` Bluford AvenueApproach Reconstruction the >: Best Management Practices incorporate the new water main, gravity sewer, and force main systems. In addition, setting precise Oelrich Construction is responsible for identifying and points for the horizontal construction on the surface implementing Best Management Practices using our will ensure the proper placement and drainage of credentials as certified Stormwater Erosion &Sediment the new curb&gutter, asphalt pavement, sidewalks Control Inspectors. &pavers, and landscaping. The Bluford Avenue project does not directly impact any At the conclusion of the project, a final survey of adjacent wetlands, but will require managing stormwa- the project will submitted with the O&Ms. ter run-off and erosion control. Using a combination of silt-fence, wattles, and gutter-buddies will keep the Materials Testing existing stormwater distribution system clean and work- ing efficiently. In addition, the use of silt-fence, wattles, Oelrich Construction is responsible for sampling and immediate stabilization of disturbed surfaces with and testing the existing soils on the site. Estab- seed & mulch or sod will reduce the possibility of rills or lishing correct lime-rock bearing ratio's (LBRs)and gullies. fill material proctors early in the project provides certainty in design as construction moves forward. Surveying OCI will provide 3rd party density testing during backfilling and base placement, and concrete Oelrich Construction is responsible for identifying and compressive strength testing via cylinder sampling. laying out the limits of construction, horizontal and The concrete cylinder samples will be processed vertical elevations, and locations of existing and new on the 7th, 14th, and 28th day after the date of construction. This project will require careful coordina- sampling for compressive strength. tion of existing and new underground utilities in order to ' • 5,6.E Ski,Rd f. c 1 ts� r • St , � � I Connect to WOT 'Y „,..___0.66,444a1 ._ l I )..r1 McKey Sr 8 O • ,+> i a \ • • �_ s , r r I Proposed New Road 1111111111111.1 1 c Proposed Road Improvement Multi-Use Path /6 Tab G- Project Approach for the Bluford Avenue Reconstruction Schedule Impacts `- The schedule impacts for this project are selection of finish materials(i.e. pavers& landscaping elements), coordina- r - . tion of utility outages for new service tie-in, and delivery of ,�"c•Xt' -..-..i i•-• long lead items to the site (i.e. storm and sewer structures). =' Items that can be identified early on and planned for are �.. ` II' ' . 1 locations of unsuitable soils and how to mitigate them, and ' possible dewatering of excavations. i` ;4 Subcontractor Coordination y, II Our onsite superintendent is responsible for coordinating ;. .1_,.. , . eillast ii,.1/4_fa ` - and planning the day-to-day activities and operations. Be- ,. cep c b yond working with them continually while onsite, a formal •*, coordination meeting is held with all sub-contractors on a `' weekly basis. At this meeting,topics discussed include ..\ critical path scheduling using the Bi-Weekly Look-Ahead .4 (BWLA) schedule, RFPs, returned submittals, work flow, �,. •y ir - M and safety. The BWLA is a schedule created by the super- f intendent that expands on the long-line project schedule and details the specific activities occurring each day over ' the next two weeks. This allows both sub-contractors and owner's reps understand who will be onsite and what they will be doing over a specific period of time. Construction Process • The mobilization phase is the first step for the project and �~ - , will begin with line locates and the setup of MOT in and zr 1 - _- .f --- Ji - .�. '.r around the project area and all intersecting streets. This _ includes all planted advanced warning signs and variable #• •, , ,, message boards. Next, site support will be set-up including .-�/ water sources, secured holding areas,temporary toilets, - and posted warning signage. Finally, erosion control ,,,=r— measures,tree protection, and surveyed station lads will be installed and placed. i. y � fir, �`=� t ^$. Demolition is the next task at hand will involve removing �;. 7,-m- the existing roadway via heavy equipment and trucks. Re- -' '` = cyclable materials will be separated and transported to the l nearest facilities, reducing the amount of C&D waste. ^� r,'_.r ''. 1 Tab G- Project Approach for the Bluford Avenue Reconstruction • • tWri. or ik Trenches will be excavated to expose the existing completion of the curbing, any additional road base utilities and prepare for the installation of the new needed is added and then the roadway is primed. gravity sewer system. Once the bottom of the trench In the meantime, sidewalks and paver-beds will be is reached, the density of the existing material will formed and placed. Both will be checked for proper be checked and then clean fill will be placed as the slope and cross-slope ensuring ADA requirements are bedding of the new piping and structures. All new met. Pavers will then be placed in the beds,followed systems will be placed using transits, leveling lasers by landscaping, sod, and permanent signage. and smart levels for proper flow. Inspections will be The project will conclude with the placement of conducted routinely with the authorities having juris- asphalt. The asphalt placement will be monitored by diction. As each new structure is set and section of OCI and a third party testing agency. Standard FDOT pipe is placed,the installation operation will move from items will be checked including spread rate, batch the low-point of the project to the opposite end. Once temperatures, rolling straight-edge, cross-slope, and this system is coordinated and in place far enough,the sample cores. Once completed, permanent striping new force main and water main will be installed follow- will be applied, the site demobilized, and the surveyor ing the same procedures. All new items are surveyed will complete a final Survey. for final placement and recorded. At the conclusion of the utility work, the site crew At this point the project will be substantially completed will import lime-rock and begin building the road and ready for a walk-thru with the owner's represen- base. Using surveyor set lads every 25',the crown tatives and AHJs. Any items noted from the walk-thru and elevation will be checked and confirmed. Once will be addressed immediately within the following the road base is established, the new curbing will be week and before a final inspection is scheduled. placed defining the limits of the new roadway. After 26 0/ Tab G- Project Apr Bluford Avenue Reconstruction oachfothe dust, or other environmental concerns, creating project- ' 1 specific standard operating procedures communicated to all involved prior to construction start.As part of this p C E E '� plan, understanding current pedestrian patterns and MID(1 L establishing effective detour routes will solidify best S�• • practices for maintaining safety. Fit & Finish �!j1 During construction, Matthew Marino will be your primary contact for ensuring the fit and finish of each streetscape component. For the Bluford Avenue Reconstruction IA 1 project, a sample quality assurance check would involve r--_-1_, 0-- .-_ testing questions like: –•. __ • Is the sidewalk level and installed at the proper r _. _ 4 . inclination for proper drainage during storm events? - Does the ADA ramp meet the required slope percentage? Design Review • Are the inlets correct on the stormwater and sewer? Constructability Reviews • Does the installed product meet FDOT requirements Industry case studies show that constructability reviews and City design standards? can save as much as 3 to 5 percent' of the entire • Was the concrete properly poured and jointed to construction cost by minimizing RFIs, preventing change prevent cracking? orders in the field, and reducing the risk of conflicts between engineering/design documents.Your project manager Derek Dykes will work with the design team to systematically review all design documents. - -- They will proactively identify any inconsistencies or Centralized Drawing Management say goodbye to drawing sot,.:,i,. .,-r ambiguity in the design documents by reviewing drawings in the following order: stormwater; sewer; sidewalk; and street furnishings. . = . .-. rter_3' .-. r 114'1They will work closely with the engineers of record to not ; ; i' j only uncover areas of concern, but to offer viable solutions l� :s i' ... „ , , ,. based on their years of professional experience. _ __- :-, - a%sra Means & Methods Tools-Design Document Management Your field superintendent Matthew Marino will partner with We will utilize Procore's leading construction project your project manager Derek Dykes to produce a tailored management software to maintain design documents, means and methods strategy that maximizes product project scheduling, budget,and technical documents. quality, while reducing labor costs, optimizing scheduling/ This cloud-based platform is optimized for mobile devic- logistics, and ensuring subcontractor safety. es like smartphones and tablets for easy access in the field and on the go.All owner reps will have access to Matthew's safety review will determine required Procore at all times during the project–this means that separations to keep the public out of harm's way. Using you will have daily visibility of all pending RFI's, photos, his certifications in OSHA30, HAZWOPER, ICRA, and documents, scheduling, as-built drawings, progress AMOT, he will identify potential hazards such as noise, reports,and more. Procore will also be used to ensure subcontractor adherence to schedule. 1 Stephen R.Pence.'Conuruetability Reviews-Construction Management Asmciation of America Southern California Chapter seminar.'haps:/1cm;umet.orpJfilect Constructiblity%20Rcvicws%20-%20a%20primer%206.6-12%20versionFINAL.pdf Tab G- Project Approach for the Bluford Avenue Reconstruction ., ./(9 Value Engineering - Client Success at Depot Park When the project documents for the 32-acre Downtown Depot Park project P () reached 100%the total projected cost was around$8 million. Oelrich Construction worked with the CRA to propose alternative materials that could still achieve the community's vision for this vibrant, railroad- inspired Central park. - , — -,.• The VE items focused on modifying the following items: pond railing ;,'- '�. -: �,°. design, the playground fence manufacturer,the restroom and pavilion r, 9 P Y9 ` design and finishes, and the total amount of turf.This methodical approach allowed us to shave approximately$2 million off the projected 011 . :. park cost and lower the GMP to$6 million. GMP Savings- Client Success at Micanopy School `�� I When Micanopy Area Cooperative School hired Oelrich Construction to construct their new cafeteria/auditorium building, budget was their foremost concern. Considering that the rural charter school had to 1 crowd-fund a portion of the project cost from parents and alumni to make ends meet,we recognized how crucial it was to build an affordable, high-quality facility for the community! Our team went _ -- through each line item with the client to identify priorities and offer sound alternative material recommendations.We successfully cut costs ! . i r • . and reduced the school's Guaranteed Maximum Budget by 20 percent. y 'I ' GMP Savings- Client Success on 8th Avenue "On March 5, 2015, the City solicited responses for a Request for Qualifications for Construction Management at Risk services for the construction of NW 8th Avenue. Oelrich Construction, Inc. (OCI)was ! selected as the most qualified firm and the City entered into a contract . a 1 `-t, based on a negotiated Guaranteed Maximum Price. . .This complex project was completed on schedule with an owner's savings of nearly ; - 10%of the total cost. I would highly recommend OCI for any similar a. .- r* 1 ,,. • ,.ti construction project." ,,,,,_. 4 • 4.T._ _ --Stefan Broadus, Project Engineer IV - City of Gainesville Public Works Department 28 „ ,, .„ Tab G- Project Approach for the /(9 Bluford Avenue Reconstruction =:~ i, Technology Integration r- - Building Informational Models -,, Building Informational Modeling (BIM) eliminates ,* w ' conflicts and coordination errors through clash ""`°`0 `” _,.. -_ �.. •` detection. A , Rustam Burangulov of Oelrich Construction will work with the design team to coordinate the BIM model. Rustam is extremely comfortable with the Revit programs and is capable of manipulating, updating, _ or even developing project models. Our cost analysis and control methodologies are 4 ))° completely integrated into the design process, utiliz- ing BIM and REVIT modeling to ensure accurate and ;l timely results. '�� Ijr' „ " `, -•,--.,,":-‘,'\.— ..` IPI 1" ` Our team can also provide aerial photography of ` - project construction as it unfolds. ' 1 I rb ', c, Aerial Footage =``� Our team can also provide complimentary aerial ,•, \ IR O �� ' photography of project construction as it unfolds. We have a long-standing relationship with a heli- copter-based photographer and also operate our own drone.This imagery can be used to document construction progress and identify conflicts. / - �` '� elio#," I , 4 ..•-•" , . ,... '• ".>11 '\- .' /4M111 ., ./ . . . • . �iytt ,I!'''.-7 4 s. r 29 0 Tab G- Projr Bluford Avenue ectApproach Reconstructionfothe Safety is #1 ., From start to finish, there is nothing more important than safety—for the project team, subcontractors, tenant, and owner. Weekly safety meetings, toolbox talks, and regular inspections with an eye for safety are all tools we use to help maintain this culture of safety. Amis . ,..\‘' .' \ '. ., Matthew Marino maintains a copy of our safety program and all � required OSHA forms in the field. In addition, everyone on our staff *‘, has a minimum of 30-hour certified OSHA training and we constantly provide opportunities for our employees to train and maintain their ~� -` . certifications for OSHA, CPR, first aid, equipment operation, and ,. . voimore. We take a proactive approach to safety management by conducting � and logging weekly safety meetings at each project. While Matthew ' <;A ..;0431:', functions as the main eyes and ears for safety onsite, our entire staff ICt1 is tasked with always monitoring and evaluating a project site for po- `. , : A tential safety concerns. Each of our subcontractors is contractually re- tquired to participate in our safety program. If we recognize a concern �. 1\ in the field, all work stops and the concern is addressed immediately. Maintaining a safe jobsite for the Bluford Avenue project will involve taking into consideration the concerns and issues that directly affect a . facility's operations, including personnel's daily practices and proce- 11111 dures, class schedules, heavy traffic times, and flow of traffic around • and within the site. Public safety drives all aspects of achieving an _____' incident-free jobsite and each project presents unique challenges. 4 Upfront coordination allows us to integrate the needs of all involved to eliminate public exposure to hazards. Working to incorporate all is- ,; s- `- �•�v—= sues discussed during pre-planning provides a workable structure for j�`i � �, governing jobsite safety.After identifying safety concerns, we create a t1 site utilization plan communicated with all parties involved within the ` '� — project scope. Bluford Avenue-specific Security Approach We take your trust seriously. Our team vets all construction personnel ,."\ and subcontractors through a Level 2 criminal background screening ...diggiV every two years. 4 Alf We require all personnel to wear an identification badge with their pho- `� tograph, name and company before stepping foot on-site. We maintain •- a daily log of all employees,visitors, and subcontractors that enter the ' site and have it available for the Owner to review if needed. Records of all screened and approved employees are also maintained on our Cade Museum Construction Progress file-sharing system. Oelr lch Construction Furthermore,your field team will restrict all construction activities to authorized areas on the jobsite. It is our company's policy to limit any opportunity for unwanted interaction between subcontractors and citizens. 30 6/ Tab G- Project Approach for the Bluford Avenue Reconstruction . 9 Minimizing Construction Impacts to ,•, Wit ' , Stakeholders , 0111111111 "" ' + I ( Maintenance of business/accessibility during construction Iwill be our top priority on the Bluford Avenue Reconstruction I froiShai project. ,ti, an We understand how important it will be to be a good neighbor to the adjacent schools,churches and businesses "`, � • ;\" \ on Bluford Avenue. Before beginning construction, our team \ , ''''" `• ` ` will develop a detailed site utilization plan that defines the ` `♦ project's supply logistics, truck routes, parking, dumpster/ recycling locations, etc. We will post updated wayfinding . . " ' ` ' ` ' ` ` signage to direct pedestrians and drivers where appropriate • ` ` • at road crossings. Conscientious Construction Oelrich Construction will strictly regulate subcontractor parking to ensure that local businesses like the Quadro Supermarket, Ocoee Cafe, and Betty J's Florist have plenty of customer access. Our team will maintain a clean, orderly r work-site with a fully-screened in construction fence to ! . •• , eliminate visual clutter.We will operate noisy equipment in — OS t C'fi : non-peak hours and ensure that stakeholders are kept up- ., •: - ,,.r gy i, - , to-date on construction progress. / Marketing Opportunity: Custom Fence Wraps ,r ..--- ''' .• .' ,.. „, 4, .V.;,71 ,:' Environmental displays can be an effective wayof engagingCityof •. A4r'.',' ,; .;,fe Ocoee citizens on the new road reconstruction project. . . +-131...A„,,16,:4,i. On the Downtown Bo Diddley Plaza revitalization project, Oelrich ,. ; th Construction coordinated with the Gainesville CRA to hang up 88 colorful construction banners on the perimeter of the site,to build __ - . - ,L_ buzz for the newly-renovated plaza.These banners built publiciN i� w 11.NV Malt t awareness of the project as well as encouraged passerby to continue to visit the plaza's many neighboring businesses and public , 14,;,>,, agencies during construction. Our marketing team can work with you1 LOS to promote your message.As requested by the RFQ, these banners 4 I IM �, could be printed with small, local, or minority businesses. - fill sr►s J Tab G- Project Approach for the /(9 Bluford Avenue Reconstruction Timeline for Bluford Avenue Construction OCOEE _ We are confident that we will be able to complete planning, �! design, and construction of the new Bluford Avenue FOUNDERS' BAY Improvements on time and within the constraints specified FES TIV AL -. '.,._ in the RFQ. IttWe understand how critical the annual Ocoee Founders' Day Festival is to tourism and economic growth.We will build the construction schedule around these key dates, t , and to ensure that the corridor is cleaned up and prepared for the influx of large crowds. Our team will completely shut down construction operations during the festival period in late October/early November when festival preparations are 11 . Y.`" in full swing. •y Fast-Track Options f ° r� Mr1 We have the option of shortening the overall project timeline ityi . - by pursuing even earlier site demolition and site work while ` ` '',. `;� ,- �`,E'r ,1 %Il, the project design documents are finalized, as proven in the �4 UF research lab case study below.This iterative approach . j1 4 . ' ' L. / ..tr. could shave a month or more off the project timeline. '` r i , ''� '''. ' 2, \ Scheduling is the first topic of discussion at every Owner/ ;;, .- Contractor session and weekly subcontractor coordination •.- meetings throughout the entire construction process. 41 �i � 4 Your superintendent Matthew Marino will work around- the-clock to ensure that all subcontractor adhere to a ----a.m.- — the schedule. Once established, we distribute the final • - schedule to all concerned so that everyone involved has an understanding and expectation of coming events. It ,4 is our job to maintain this established schedule so that • affected parties can properly plan and coordinate with the • construction schedule. 4...;.'. , . ,,ii Case Study - Three Story UF Research Lab Addition .• ''',":.-i`y This steel framed addition was built by Oelrich Construction using the Design Build 4' �.•' delivery method and had a fast-track design AND construction schedule of only 37 a 11 weeks.We worked closely with the team team to deliver an Early Release Structural Package in only 15 days. Concurrently, MEPF engineers developed a Mechanical ' - , Early Release Package delivered on the same day as the structural package. ' bi * Y During this time the design team continued to work with the Owner and User Group . wr ., ,. : on the Design Development phase.The Clinical Techniques and Skills Assessment Lab was completed and occupied by the Owner on schedule. /(9Tab G- Project Approach for the 7147 Bluford Avenue Reconstruction 1 Ocoee -:-- florida Technical Project Case Studies Similar to the City of Ocoee's ,. -- Bluford Avenue Reconstruction Project Spotlight: Stephen Foster Neighborhood Resurfacing Project • Roadway Construction & Coordination: Our team completed resurfacing improvements to �, n `" M� :' • , ,;• a series of single and two-laned residential `''• roads (NW 26th Avenue, NW 27th Avenue, 3' NW 29th Avenue, NW 30th Avenue, NW 31st Avenue, NW 31st Lane, and NW 4th Street). ; „ • •-z � I' Dust and noise control were key concerns. --- - - - Because of the project's proximity to a local elementary school and numerous driveway apron connections, our team had to imple- ment an extensive safety and wayfinding plan. We informed stakeholders of each phase of construction several weeks in ad- vance of construction (and sent out reminders shortly before hand). Due to this responsive communications strategy, we successfully completed the project on time and on budget. y . Relevance to Bluford Avenue: Phased road construction; stakeholder communication and coordination Tab G- Project Approach for the , /69 z Bluford Avenue Reconstruction Spotlight: Cade Museum For Creativity & Invention • Deep foundations on unsuitable soils: Oelrich Construction — —� overcame a high water table, coal tar and arsenic contaminatedspa, , ®E soils, and contaminated groundwater when installing the Cade Mu- Naiiiiialiciw ,ie,., Ell seum's massive concrete foundations. The area had a thick,A24 V �,r;?;����— u,. hardpan layer which caused water migration in the piling locations. .t.,..:1 "..---::%•:•:. * ,ICI,-II In To prevent water from ponding in the 30+ dig locations, our field : : :i;-- 01 ;, Er ..,.. team worked with the architect/civil engineer to overexcavate the ►�\ . . ;A X11 ■ depth/width of the holes and line the walls with heavyplastic.They -mr• 70:* then repacked the holes with crushed 57-stone to crte stable it Ii .t: `'/i'••. footings that could meet the proper soil density requirements. -111.i• �_%� ... • Utility coordination: Operating heavy machinery around the city's H•�� P �-- ---- i1 main potable water line was another challenge. Oelrich Construc- -- ! 7z - tion drove the sheet piling in a location parallel to the pipe infra- ~� . k '� ' N ,`;►�. '� structure and then excavated soils eastward to prevent any risk �_ `,� �`;i�=�' of cracking the main line.We coordinated extensively with AT&T - 1 `��.� to ensure that the nationally regulated 12 inch transatlantic com- ' 100 munication line bordering the Cade Museum site wasn't impacted 1 during utility tie-ins. Our team carefully operated a jackbore around the conduit location to maintain the required 24 inch minimum buf- fer. Uninterrupted service was maintained throughout the process. Relevance to Bluford Avenue: utility coordination; stormwater tie-ins Spotlight: Innovation Square Roadways • Addressing soil conditions: We coordinated with GRU, GRUCom, AT&T, Cox Communica- tions, and many others to manage installation of new utility crossings onsite. Because of a main communications line underground encased in a brittle asbestos material, we quickly ruled out traditional approaches and used instead a jack bore to push a 72" storm pipe un- derneath the old communications line. Adjusting the original plans allowed us to add scope items and work around other activities surrounding the site. Monitoring the environmental impact of construction involved dust and sediment control, especially considering the proj- ect's downtown location and proximity to Hogtown Creek and Bivens Arm Lake. 4 q1' :_ piiik.--,k... .. . , • . , . ,,,.. .i ;N., -_ . 11 Relevance to Bluford Avenue: Concrete roadways; utility and drainage systems in a Downtown environment 34 Tab G- Project Approach for the • /C9 Bluford Avenue Reconstruction Spotlight:NW 8th Avenue Road Reconstruction • Value Engineering/Drainage: During the initial design 1c phase, the City of Gainesville wanted to create a basin where 4. Hogtown Creek crosses NW 8th Avenue in order to remove built-up sediment that accumulates throughout the year. 1 Unfortunately, the design team's concept did not fall within .I ,` budget limits established by the City Commission. The City's _ ' Public Works Department then asked us to develop a strate- gy for achieving the design team's goals while keeping to the allocated budget. Derek Dykes and Matt Marino met with the '. design team and various contractors onsite to discuss op- 1'—• ' tions for reducing maintenance costs associated with creek sedimentation buildup. Eliminating items such as shore piles c. '' and cast in place concrete spillways on the north creekside while focusing on reworking existing berms and natural drainage features of Loblolly Woods allowed us to achieve _ the City's goals. This plan enables future maintenance equip- ment to enter the creek bed without major setup costs and helps to preserve the site's natural beauty. . • Ultimately, we returned the streetscape to budget limits while •- sustaining the project's original intent. Relevance to Bluford Avenue: Asphalt roadways; stormwater; maintenance of traffic (M.O.T.) Spotlight: Downtown Bo Diddley Plaza • Overcoming unforeseen conditions: Our team used a " `'• vacuum truck to meticulously"soft dig" the site and identify _ 3F, - -�►, -, potential conflicts... they found undocumented 4 inch fiber x 3' ' - lines, utilities, and an active water/sewer system directly kriSkc` �- ,4 `' underneath the future building pad of the new cafe. Through ,, • -. this careful approach, Oelrich was able to maintain complete i" . operations of the fiber grid for the adjoining 8th Judicial Cir t �, cuit courthouse throughout construction, with no unplanned =•SIF i phone or internet outages. • Maintenance of Business and Traffic: The scope includlib - ed reclaiming 2,800 square feet of traffic lane space from _ University Avenue as well adding a new restaurant building, informational kiosk, restrooms, dressing rooms, water wall feature, new planting areas, and new hardscaping. Traffic - �k4• +i•.m. lob safety was especially crucial to project success because r the Downtown plaza is located in such a dense retail/office ' }' �``— environment. We developed extensive crosswalk wayfinding """-- '. -. __— and maintenance of traffic (M.O.T.) strategy to ensure public safety. 1 : r::„.. Relevance to Bluford Avenue: Horizontal construction (57,103 sf); utility and drainage in active Downtown; /(9Tab G- Project Approach for the , Bluford Avenue Reconstruction Spotlight: Depot Park Soil Remediation • Cost effective approach: We hired an environmental consulting ! `- firm to advise on safety and handling best practices.They said our only option was to use an expensive landfill in Georgia.To provide -,.., better value to our client,we studied a methodology used by the U.S.Army Corps of Engineers and proposed a unique safety/han- dling strategy to the Florida Department of Environmental Protec- �.: 1 tion(FDEP). •�, t' . , L • This custom-tailored approach involved creating a grid plan of `•'.10'49,' • the entire site and cordoning off areas of contaminated soil.For ' •" ;'"' ° ! x' . each grid section, we developed a five-page report detailing grade , k \�,¢ �' elevations,safety measures, pictures, analytical data,trucking ���� reports, and acceptance reports from a Class I landfill.We then in- �,, 1 ' � " ' vited our local FDEP office onsite and reviewed our plan of action '- . ,,,i i``"t*41' ', for handling the unsuitable material. !, • As a result,the FDEP approved our approach and used our 0 • . methodology as their new standard for dealing with contaminated -••i;e I, - soil.When they visited an adjacent project site, they required the • .••. �i_A contractor to follow our method. Ars • Our value added services saved our client$100,000. ,' P„!' _...., Relevance to Bluford Avenue: Asphalt roadways; stormwater; maintenance of traffic (M.O.T.) 36 1 Tab H- Office Location of CMR y .. Office Location Oelrich Construction serves diverse clients all across North Central Florida, Our main office is located 108 miles or 1 hour and 40 minutes away - . from Ocoee's City Hall. City of Ocoee City Hall Location: 150 North Lakeshore Drive Ocoee, FL 34761 Oelrich Construction Location: 275 NW 137th Drive, Suite A Jonesville, FL 32669 Your project manager for this project, Derek Dykes personally resides in Ocala, FL--just 45 minutes A away from the project site. Client Testimonial - .„ "Working with Oelrich Con- struction on the Bo Diddley Pla- • za improvements project was a very satisfying and fulfilling `'_. experience for the CRA. The Oelrich team was profes- "1 Ai� • , sional, timely, and agile.They ,, . i didn't come to the table with • problems—they came with s, OELRICH solutions to keep the project on _---_ track, on budget, and on time." -- Malcom Kiner, Project ��. Manager for the Gainesville Community Redevelopment Agency(CRA) /67 Tab I- Surety Letter of Intent (Bonding Capacity) WALDORFF INSURANCE&BONDING February 17,2017 City of Ocoee Finance Department Joyce Tolbert, Purchasing Agent 150 N. Lakeshore Drive Ocoee, FL 34761 RE:OeWdh Construction,Inc RFQ21702 Construction Manager at Risk for Milford Avenue Reconstruction To Whom It May Concern: This is to advise you that Waldorff Insurance ft Bonding,Inc. provides bonding for Delrirh Construction,Inc.Their Surety is Travelers Casualty and Surety Company of Antenna,which has an A.M.Best Rating of A++XV and is listed in the Department of the Treasury's Federal Register with an underwriting limit of$210,360,000. The home office address is One Tower Square,Hartford,CF 06183. Delridh Construction,Inc is a financially strong,well-managed company and it is a pleasure to recommend them to you for your consideration. They have an excellent reputation with architects/engineers,owner.,subcontractors,and suppliers and are considered to be an exceptional contractor in the area. At this time,we would not anticipate a problem in providing our dient a performance and payment bond for the above referenced project.The surety is willing to issue such a bond that is in compliance with Florida Statute 255.05,on the City's forms provided in the RFQ in an amount in excess of the estimated budgeted amount shown in the Scope of Services section of the RFQ. They currently have the ability to apply for bonds ranging Fran $10,000,000 for a single project or$20,000,000 aggregately.The surety reserves the right to perform normal underwriting at the time of any bond request,including,without limitation,prior review and approval of relevant contract documents,bond forms,and project financing. If you have any questions,please do not hesitate to contact me. Sincerely, P0. a a. A Paul A. Locasdo Agent L 1110 NORTHWEST 6P STREET (fisted PHONE 362-374-7779 GAINESVILLE,FL 32601 FAX FAX 8605614930 WW W.WALOORFFNSIIR J CE.COM /6-- Tab I- Certificate of Insurance • /^1 OELRCOI OP D:AN A`ORO' CERTIFICATE OF LIABILITY INSURANCE mR5IJ01]n MS CERDICAIE IS ISSUED AS A HATTER OF KORMATON ONLY NO Cp1EERE NO RIGHTS IMI TE CREMATE NOME 110 CERDGTE DOES MOT AFFIRINTMELY OR XEGATNELY MEND.MEND OR/ATER TIE COVERAGE AFFORDED BY TIE POLEIIS EIROFL MS CERRICA1E OF NW WYCE DOE]NOT CWSTI1M2 A MORACT BEINEBI TIE ISSUING IYIE0 110 AUTHORIZED SEPRESBITAME OR PROXIMA MOTE CEMECATE HOLLER YMTMR: E M wauY SrMit in M11111BML INSURED.the pityWN must be snMsot M SUBROGADON IS NNYED.a41eEb 0n NM re MYFYu EMR Fs4X Mee Alas my nein an.den .X A s1$MMEMS oMUY dos Mena.right 10 the MONS Mit In G of sW.a..sISL mom it Moran{FYtlw4wmo Johnson.FlebMr Lravano yfiXE/ . 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IMAM gare .— aw.re 30000E0 NO COYERSa fli0Y0® ROW .aa.ma...mN w.e...a w..w....s RF00502 Cambodia M.upr at PSL b Ramo lona 4YMs.wlo a 0awa Is AMMAN Nw..O 0 mea to GOMIS 51tl 4 Ala Lia Il 3090.0 by areal coact waMr a Su rgawl amf n to ..ComPolicy to memo nIs days Oar ]IIS NW�a /1100 CERTFICATE HOLDER CANCELLATION � AMY CCNOME WPM EAitrim nePotiY.Mao•t RE CNy.I Own Mee 1 kosh sono® Joyce TOOaMiuchasIm ARAM 1DN FERMI DriverOme FERMI •01.2014ACORD CORPORATION.All rldlb mm. E. MOR035mall TA ACglD nam and y wre Imo marks ACORDMBID /67 Signature Tab J- CompanySheet Information/ • Mikan TNFORM%TIONSIGGNATURE SHEET RPO 11702 FAILURE TO COMPLY WMTT1 THESE RPQ INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OP YOUR QUALIFICATION PACKAGE. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL RPQ INSTRUCTIONS,AND THAT YOU UNDERSTAND THAT THE SUCCESSFUL RESPONDENT Will BE REQUIRED TO ENTER INTO A LEGALLY BINDING CONTRACT WITH THE CITY OP OCOEE. Oelrich Construction,Inc. 352.745.7877 COMPANY NAME TELEPHONE ODICLUDE AREA CODE) 352.745.7878 FAX I' ooe nc Icons�on.com_ C-� E-MAIL TTANCEADDRESS IFREMITTANCEUTCHASADDRESS ISDIFFERENT RESS AUTHORIZED SIGNATURE(manual) PLEA PURCHASE ADDRESS, Ivan Oelrich,President PLEASE DIDICATEBECOW: NAME/TITLE(PLEASE PRINT) 275 NW 137th Drive,Suite A ov eD2669 CITY STATE IX? ,11)02-0128914 _J(__)odivido.l_Corporation _Partnership_Other(Sporify) Swain wand subscribed Wart too this 17 day of February 2017, P.,oiallyXson Produced M.vtifcation NotaryAbE (Typo of Identification) County of A i01 • w #a A / / T «.y Polk // 0 7 Printed typal Or stanp.d Coormssionednas of Nor Public CHRISTINASAPP COMMISSION I 000440131 EXPIRES Nowmbu 01,2020 Tab K- Addendum Acknowledgement Addenda N/A as of 2-20-17 /(9- Tab L- Minority Enterprise Certification 9%atee 1371o7leklic Florida Veteran Business Certification Oelrich Construction, Inc. Is certified under the provisions of 287 and:295:187,Florida Statutes,for a period from: '12/05 Q18, to 12/05/2018 2sk ,- 5 k tji ep" 5 'K /69- Tab M- Summary of Litigation Summary of Litigation N/A r FL -429 ` ` w . . .r. - ----' % ' ' ' FRANKLIN ST ..,..4.,,v,:::,,, -' _ v- 1 ' E R D "",��. ",�•, " "''s • _ ,,? yrs. ,,,$, :H.:VI:4pH •• 1.:,,,,,,,,: ,. , . .-4 e. . _ :_ _ it..., - ... > . _ l., I. ;sem . - n • ' , �c f r a• f -.000"."' �c fit/ /lel1 -�-� ' • dry �, . •s �- - .. } ♦ � , %4^ , �'` � :T ii. BLUE' r E ` "5►.: �:• „ r 'Si \ .A ; �' • .‘1411:44t4-1144,„„e. al 41.."- MIDDLE SCHOOL I ;tcr - , " . i - „,a Thanks for considering our team for Ocoee's Bluford Avenue 0 Reconstruction project. OF,LRICH CONSTRUCTION INC. CITY OF OCOEE REQUEST FOR QUALIFICATIONS (RFQ) #1702 CONSTRUCTION MANAGER AT RISK FOR BLUFORD AVENUE RECONSTRUCTION ocoee florida BID DOCUMENTS Section Page Legal Advertisement 3 RFQ Instructions& General Terms&Conditions 4—18 Company Information and Signature Sheet 19 Attachment"A"—Bluford Avenue Corridor Proposed Sections Map 20 Attachment`B"—Proposed Agreement including Exhibits "A"—"M" (84 pages) 21 -335 Including Engineering Standards Manual (230 pages) End Table of Contents RFQ1702 Construction Manager at Risk for Bluford Avenue Reconstruction 2 Request for Qualifications, Legal Advertisement The City of Ocoee, Florida, (the "City") is soliciting for sealed statements of qualifications for RFQ #1702 Construction Manager at Risk for Bluford Avenue Reconstruction. Qualification Packages will be received at the office of Joyce Tolbert, CPPB Purchasing Agent, Finance Department/Purchasing, Second Floor, 150 North Lakeshore Drive, Ocoee, Florida 34761 until 2:00 P.M., local time, on February 21, 2017. Qualification Packages received after that time will not be accepted under any circumstances. Sealed qualification Packages that have been timely received will be publicly opened and the names of the responding firms read aloud at that time. No Pre-Submittal conference is scheduled at this time. Prospective respondents may secure a copy of the documents required for submitting a response through Onvia/Demandstar by accessing the City's website at htto://www.ocoee.ore under the "Living & Working" section. Partial sets of the documents required for submitting a statement of qualifications will not be issued. By using Onvia/Demandstar, prospective respondents will be provided with all information regarding this RFQ, and all addendums and changes to the project requirements. Membership with Onvia/Demandstar is not required to submit a response; fees may apply for non-members. Persons other than prospective respondents may inspect the documents required for submitting a bid at the Ocoee City Hall City Clerk's Office, 150 N. Lakeshore Drive, Ocoee, FL 34761. Persons inspecting the documents at the City Clerk's office that request copies will be required to pay a fee as prescribed by statute. Melanie Sibbitt, City Clerk, January 22, 2017. RFQ 1702 Construction Manager at Risk for Bluford Avenue Reconstruction 3 CITY OF OCOEE REQUEST FOR QUALIFICATIONS "RFQ"#1702 CONSTRUCTION MANAGER AT RISK FOR BLUFORD AVENUE RECONSTRUCTION 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 statements of qualifications from qualified Construction Manager At Risk firms (CMR) that will be responsible for construction administration and general contracting services resulting in successful, timely and economic completion, thereby providing the best value possible for the City's Bluford Avenue Reconstruction Project. Construction management services shall include but not necessarily be limited to: a. Pre-construction Phase services including design and construction document review and recommendations in collaboration with the project design team; b. Submission of a Guaranteed Maximum Price and Guaranteed Completion Date; c. Construction Phase services including construction project scheduling, coordination and administering of the construction. The project is identified as follows: a. Element#1 -Bluford Avenue Utility Improvements. b. Element#2—Bluford Avenue Stormwater and Streetscape Improvements. Interested firms or individuals must be experienced in providing CMR services for projects of a scope and nature comparable to those described. The construction management entity must have the ability to secure an appropriate surety bond pursuant to s. 255.05, and in conformance with City requirements, and must hold construction subcontracts. Use of qualified subcontractors for specialty work is acceptable. To be considered, the firm or individual shall be a licensed professional in accordance with Florida State law and be familiar with all applicable State of Florida, St. Johns River Water Management District, Orange County and City of Ocoee codes, regulations and laws. Please include a copy of all applicable licenses held by firms or subcontractors proposed to perform work. 2. The City intends to award a single contract to one (I) firm deemed to be the most highly qualified to perform the required services. In determining whether a firm is qualified, the City shall consider the Evaluation Criteria set forth in this RFQ. 3. Prospective respondents may secure a copy of the documents required for submitting a response through Onvia/Demandstar by accessing the City's website at http://www.ocoee.org under the "Living & Working" section. Partial sets of the documents required for submitting a statement of qualifications will not be issued. By RFQI702 Construction Manager at Risk for Bluford Avenue Reconstruction 4 using Onvia/Demandstar, prospective respondents will be provided with all information regarding this RFQ, all addendums and changes to the project requirements; Fees may apply for non-members. Membership with Onvia/Demandstar is not required to submit a response. 4. Each qualification package must consist minimally of a cover letter, statement of qualifications, and company information form (attached at the end of these instructions). Please also include a copy of all applicable licenses held by the CMR and key staff/project team proposing to perform the work. Statements of qualifications must be limited to a total of fifty (50) 8.5"x 11" pages (including any resumes and 2-page cover letter but excluding front and back covers, dividers, table of contents, and company information form), single-sided, portrait orientation, 12- point font. Additional requirements of submissions are supplied below in Section D. Any qualifications package failing to conform to these specifications is subject to rejection. The person signing the signature sheet on behalf of the respondent must have the legal authority to bind the respondent to the submitted qualification package and shall be understood to do so. All expenses for providing qualification packages to the City shall be borne by the respondent. 5. Firms, companies and/or individuals interested in providing these services shall submit one (1) original paper and one (1) complete electronic copy in a single pdf file of their qualifications package. The electronic copies shall be submitted in a fully electronic form on a USB FLASH DRIVE as an Adobe PDF file, version 5 or later. Qualification Packages shall be submitted to the City of Ocoee in one sealed package, clearly marked on the outside with the appropriate RFQ number and closing date and time, addressed to: Joyce Tolbert, Purchasing Agent City of Ocoee Finance Department 150 N. Lakeshore Drive Ocoee, Florida 34761 Phone: (407) 905-3100 x 1516 FAX number: (407) 905-3194 jtolbert(7Jci.ocoee.tl.us No fax or e-mailed submissions will be accepted 6. Qualification packages must be received no later than 2:00 p.m. (local time) on February 21, 2017. Any qualification packages received after the above-noted time will not be accepted under any circumstances. Any uncertainty regarding the time a qualification package is received will be resolved against the Respondent. It shall be the sole responsibility of the Respondent to have the qualifications package delivered to the Ocoee City Hall by U.S. mail, hand delivery, or any other method available to them. Delay in delivery shall not be the responsibility of the City. A qualifications package received after the deadline shall not be considered and shall be returned unopened. Any request to withdraw a qualifications package must be addressed in writing. Such requests must be received by the City prior to the deadline of the submission. RFQ1702 Construction Manager at Risk for Bluford Avenue Reconstruction 5 7. The City will receive questions regarding the RFQ only through written inquiries directed to the Purchasing Agent. Deadline for receipt of written inquiries is February 14, 2017 at 2:00 p.m., local time. Questions received after that time may not be answered. 8. Potential Respondents should not contact City staff, with the exception of the Purchasing Agent, or City Commission, or other City consultants for information regarding this RFQ before the project award date. Any contact with any other member of the City Staff, City Commission, or its Agents during the RFQ, award, and protest period may be grounds for Respondent disqualification. 9. Action on qualification packages is expected to be taken by the City Commission within ninety (90) days of the submission opening date; however, no guarantee or representation is made herein as to the time between receipt of the qualification package and subsequent City Commission action. A more detailed schedule is given below. 10. All applicable laws and regulations of the United States, the State of Florida, and the City of Ocoee will apply to any resulting Agreement. The provisions of the Consultant's Competitive Negotiations Act (Section 287.055, Florida State Statutes) and the provisions of Section 255.103, Florida State Statutes shall apply, where applicable. I I. The successful Respondent shall be required to execute an Agreement, in form and content acceptable to the City, indemnifying and holding harmless the City, its officials, officers, employees, and agents from all claims. 12. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME): A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on an award to provide any goods or services to a public entity, may not submit a proposal on an award with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under a award with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [See Florida State Statute 287.133 (2) (a). 13. FLORIDA PUBLIC RECORDS LAW: In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Respondents should be aware that the proposal and the responses thereto are in the public domain and are available for public inspection. Respondents are requested, however, to identify specifically any information contained in their proposal which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All proposals received in response to this request of proposal become the property of the City of Ocoee and will not be RFQ1702 Construction Manager at Risk for Bluford Avenue Reconstruction 6 returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City. 14. PATENT INDEMNITY: Except as otherwise provided, the successful respondent agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses for infringement upon any letters patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the City or supplies furnished or construction work performed hereunder, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Respondent and persons employed or utilized by the Respondent in the performance of the construction contract. Further, the Respondent shall fully indemnify, defend, and hold harmless the City and its officers, agents, and employees from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, unpatented invention, or intellectual property right. If the Respondent uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the bid price shall include all royalties or cost arising from the use of such design, device, or materials. 15. The City reserves the right to accept or reject any or all proposals, to waive formalities, technicalities or irregularities, to request clarification of information submitted in any proposal, or to re-advertise for new proposals. The City may accept any item or group of items of any proposal, unless the Respondent qualifies its proposal by specific limitations. The City may accept one or more proposals if, in the City's discretion, the City determines that it is in the City's best interest to do so. The City reserves the right to award the contract to the Respondent which, in the City's sole discretion, is the most responsive and responsible Respondent The City reserves the right, as an aid in determining which proposal is responsible, to require a Respondent to submit such additional evidence of Respondent's qualifications as the City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of a Respondent, including past performance (experience) with the City and others. The City Commission shall be the final authority in the selection of any and all proposals. 16. This project will be funded by bond proceeds and other dollars appropriated by the City Commission. The project will be awarded upon securing the required funding. 17. Performance and Payment Bonds: a) The Successful Respondent shall furnish the City with a State of Florida 100% Performance and a 100% Payment Bond written by a Surety Company acceptable to the City. Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed agent who holds a current Power of Attorney from the surety company issuing the bond. The attached Performance and Payment Bond Forms shall be used. RFQ1702 Construction Manager at Risk for Bluford Avenue Reconstruction 7 b) The cost of the Payment and Performance Bonds shall be borne by the Successful Respondent. The bonds shall be accompanied by duly authenticated or certified documents, in duplicate, evidencing that the person executing the Bonds in behalf of the Surety had the authority to do so on the date of the bonds. The date of the certification cannot be earlier than the Agreement. 18. Conflict of Interest/Non-Collusion Certification: The Respondent declares by submission of a qualification package that the only persons, or parties interested in their bid are those named herein,that this bid is, in all respects, fair and without fraud and that it is made without collusion with any other vendor or official of the City of Ocoee. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. The Respondent certifies that no City Commissioner, other City Official or City employee directly or indirectly owns assets or capital stock of the bidding entity, nor will directly or indirectly benefit by the profits or emoluments of this proposal. (For purposes of this paragraph, indirect ownership or benefit does not include ownership or benefit by a spouse or minor child.) The Respondent certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services,the Respondent agrees to immediately notify the City in writing. The Respondent further declares that a careful examination of the scope of services, ' instructions, and terms and conditions of this bid has occurred, and that the bid is made according to the provisions of the bid documents, and will meet or exceed the scope of services, requirements, and standards contained in the Bid documents. Respondent agrees to abide by all conditions of the negotiation process. In conducting negotiations with the City, Respondent offers and agrees that if this negotiation is accepted, the Respondent will convey, sell, assign, or transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Respondent. The bid constitutes a firm and binding offer by the Respondent to perform the services as stated. 19. Payment Terms: Payment will be based upon monthly applications for payment properly submitted by the Contractor to the Owner and based upon the percentage of work complete. The RFQ1702 Construction Manager at Risk for Bluford Avenue Reconstruction 8 Owner shall deduct ten (10%) retainage until the job is fifty (50%) complete. Subsequent to the fifty percent (50%) completion milestone, Owner shall reduce retainage withheld on each payment application to five (5%) retainage. All retainage amounts shall be paid when the work is complete, unless otherwise stated in the contract. Payment for all applications for payment for work properly completed shall be made, not later than the Twenty-fifth (251h) business day after the date on which the properly submitted Application For Payment is initially received by the Owner. No payment will be made for materials ordered without proper purchase order authorization. Payment cannot be made until materials, goods or services, have been received and accepted by the City in the quality and quantity ordered. Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available. The City of Ocoee, Florida has the following tax exemption certificates assigned: • Florida Sales& Use Tax Exemption Certificate No. 85-8013779974C-0; and • Pursuant to Chapter 212, Florida Statutes, the City is exempt from federal excise, state,and local sales taxes. 20. Safety Requirements: The Respondent guarantees that the services to be performed and the goods to be provided herein, shall comply with all applicable federal, state and local laws, ordinances, regulations, orders and decrees, including without limitation such of the following acts as may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor Standards Act, Occupational Safety and Health Act, Federal Hazardous Substances Labeling Act, Federal Flammable Fabrics Act, and any applicable environmental regulations. a) All contractors are required to comply with the Congressional Federal Register(CFR) of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) Construction Industry, Part 1926, and CFR 1910, General Industry Standards, that are applicable in construction work. b) The prime contractor is not only responsible for the safety aspects of his operation and employees, but also that of all subcontractors on the job site. c) Assure that a certified first aid person is designated, phone numbers of physicians, hospital and ambulance services are posted (copy to Personnel Director, City of Ocoee)and that a first aid kit is available. d) All individuals are required to wear hard hats on all construction sites. e) Provide personal protective equipment that may be required for jobs in progress (e.g.: hard hats, safety glasses, respirators, ear protection, long pants and shirts, etc.). t) Observe the speed limit on City property. g) Construction areas cleaned daily; excavations must be barricaded or flagged until backfilled. In some cases, bracing, shoring and sloping may be required. h) Scaffolds shall have guard rails on all open sides and secured to prevent displacement. i) Powder actuated stud guns or low velocity and/or similar powder actuated tools require eye and ear protection as well as to ensure that all unauthorized personnel are RFQI702 Construction Manager at Risk for Bluford Avenue Reconstruction 9 well clear. j) Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided and combustible materials cleaned up. k) All heavy equipment must have, where applicable, (a) back-up alarms, (b) boom angle indicator, ( c ) load chart, (d) reeving, (3) fire extinguisher, (f) condition of hook and other items in accordance with OSHA 1926.550 and ANSI B30.5. I) Construction material shall not be stored so as to block exits. m) Ground fault circuit interrupters are required on all electrical circuits not part of the permanent wiring of the building. n) Personal fall protection must be provided at elevations exceeding ten (10) feet. o) Per City Ordinance, any Contractor using construction dumpsters within the City of Ocoee must obtain these services through Superior Waste Services of Florida, Inc. 21. Drug-Free Workplace: If applicable, provide a statement concerning the Respondent's status as a Drug-Free WorkPlace or evidence of an implemented drug- free workplace program. 22. Certification of Non-Segregated Facilities: The Respondent certifies that the Respondent does not and will not maintain or provide for the Respondent's employees any segregated facilities at any of the Respondent's establishments and that the Respondent does not permit the Respondent's employees to perform their services at any location, under the Respondent's control, where segregated facilities are maintained. The Respondent agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting room, work areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking facilities provided for employees which are segregated on the basis of race, color, religion, national origin, habit, local custom, or otherwise. The Respondent agrees that (except where the Respondent has obtained identical certification from proposed contractors for specific time periods) the Respondent will obtain identical certifications from proposed subcontractors prior to the award of such contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that the Respondent will retain such certifications in the Respondent's files. The non-discriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the U.S. Secretary of labor, are incorporated herein. B. INSURANCE TERMS AND CONDITIONS The successful respondent shall be required to provide evidence of General (Public & Property) Liability Insurance in the form of a certificate of insurance issued on behalf of the City of Ocoee and naming the City as an additional insured, by companies acceptable to RFQ1702 Construction Manager at Risk for Bluford Avenue Reconstruction 10 the City at the minimum limits and coverages listed below with deductible amounts acceptable to the City. The selected Contractor shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Contractor allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best's Rating of"A" or better and a Financial Size Category of"VII" or better according to the A.M. Best Company. Policies for Workers' Compensation may be issued by companies authorized as a group self-insurer by F.S. 440.57,Florida Statutes. 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. 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 I • 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. RFQ1702 Construction Manager at Risk for Bluford Avenue Reconstruction I 1 • $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: • $1,000,000 PER OCCURRENCE • $2,000,000 Aggregate • Including Employer's Liability and Contractual Liability Builders Risk: • $100,000 Any (1) Location • $1,000,000 Any (1) Occurrence (Remainder of page left blank intentionally.) RFQ 1702 Construction Manager at Risk for Bluford Avenue Reconstruction 12 MOD. CERTIFICATE OF LIABILITY INSURANCE aw'yti` worm,'";1/04/04 aiwere__s isrm w alenw a wwawn0a aw COMP NO Moen UPON ace wmnTe M.1 T°'Oren' Oewnran°OuIlenelYOraxetnwl. •auaLwaaewe tvrwim WIGS same mesa Asko, oak eglateter a In. mown mama OOvwem —a lit CLOncy mesa°WO MOO MN is liaLe0 TO lit INS•SONIA*In'am.race mow gannmace• 114111 VI Ilia raze samens ivAds114 sea enuma ,amr.w.a n•�l� ,ar...e la W'Iah' era,sn.n �xv,om0ea0 a MI f r�cM1an� .00 eWn.¢O .1,000 mak bans. 1,000,00o .2,000,000 _ Ra.n� non t.�resonam 61.000.000 1 leat® MUM*, ea sonM .eca DAM•I tier Anncad in0lrso masons.a 2�t NAM 2,000,000 2,000,000 DigaTILI SAM°alb 0,0 500,000 M00.000 wakt. 11).010•41•554.11).010•41•5511).010•41•55411).010•41•554.C.1n• 100,000 NS]Me. Risk My 1 Lea 1C0,0013 Ott 1 COO 000 The itmtanee .tLdatca0 by this rtifcate shall ma the certificate halt.:. as ea additional iann d 0. the Omacaliability •Umbreile llabIIlty Liability. Worker& C enation. �1opve' LlL • shall contain a Waiver of Subrogation La farct at the certificate holder. Vie cart lflaate holder to these a. a I LU ST B{ta>1 Ptak. cP11YAta HOLES CASICOUATION ns money amanseemenreumermckeittin woe peewees Mara ilLIOntirli Waal%OM Myna LItr.Ion rain Tat01011•••$1. city of Ocoae ,a•nro anm'sm O•anal. koala* 150 W. Lakeshore Drive ersannt Ocoee y4 41- lona naeYaaVlenm e eeee°Ow oRAnom w •COlOnamOaw SR,Mpt r 9. Certificates of Insurance: Certificate of Insurance Form (see sample, above), naming the City of Ocoee as an additional insured will be furnished by the Contractor upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Agent. This certificate shall be dated and show: • The name of the Insured Contractor, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, and its termination date. • Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in provisions or cancellation of the policy, RFQ1702 Construction Manager at Risk for Bluford Avenue Reconstruction 13 except ten (10) days written notice of cancellation for non-payment of premium. C. SCOPE OF SERVICES The City of Ocoee implemented a utility and roadway improvement initiative with assistance from Barnes, Ferland and Associates, Inc. (BFA) and Brindley Pieters and Associates, Inc., (BPA), as Engineers of Record respectively for utility and roadway design. GAI Consultants (GAI) has provided streetscape elements as part of the City's Downtown Master Planning activities in an effort to initiate high quality development of the lands adjacent to the Bluford Avenue corridor. Additional information is available regarding Ocoee's Downtown Redevelopment at http://www.ocoee.org/807/Downtown-Master-Plan. All work to be in accordance to the "Ocoee Engineering Standards Manual", attached as Exhibit "M" to the proposed agreement. The selected plan includes watermain, forcemain, stormdrain and roadway improvements in the Bluford Avenue corridor from Delaware Street to Silver Star Road (SR 438) for a distance of approximately 3,000 linear feet. BFA, BPA, GAI and their consultants are the City's Design Consultants and Engineer of Record (EOR) and continues to advise and consult for the City managing the design of the overall project, administering the project delivery process and administering the process for the City to select a CMR to construct with a Guaranteed Maximum Price (GMP). The EOR are currently proceeding with the • design documents and will be completing the permit and construction documents with the input of the selected CMR. The Utility Construction Documents are approximately 90% complete. The Stormwater/Streetscape Construction Documents are approximately 30% complete. The CMR will be required to coordinate the Utility and Stormwater/Streetscape improvements including Maintenance of Traffic (MOT) and utility tie-ins. The CMR selected will provide: 1. Pre-construction services including thorough document review and identification for constructability, completeness, redundancies, gaps, the development of cost containment strategies,value engineering and development of a Guaranteed Maximum Price (GMP). 2. Construction phase administration including all scheduling and construction phasing of the work, coordination with the other development work which may be occurring adjacent to the corridor concurrently, general contracting services (for all trades and including self-performance of work at the CMR's option and with City approval), coordination with private utilities, and securing of all required local construction permits for: a. WATER MAIN REPLACEMENT & UPGRADES WITH DOWNTOWN RFQ1702 Construction Manager at Risk for Bluford Avenue Reconstruction 14 SEWER & WESTERN TRANSMISSION MAIN PROJECT - The project will consist of the consolidation and upgrade of approximately 3,000 linear feet of water main, new gravity sewer system and approximately 3,000 linear feet of new 16" force main along Bluford Avenue from Delaware Street to Silver Star Road (SR 438). The cost of these improvements is estimated to be $2,400,000.00. b. STORMWATER — STREETSCAPE PROJECT. The project will consist of reconstructing approximately 3,000 linear feet of Bluford Avenue from Delaware Street to Silver Star Road (SR 438) including storm drainage, concrete curbs, asphalt pavement, brick pavers, sidewalks and landscaping in accordance with the City's Downtown Redevelopment Plan. The cost of these improvements is estimated to be $3,000,000.00 related to stormwater and $4,280,000.00 related to streetscape. Interested firms or individuals must be experienced in providing CMR services shall be a licensed General Contractor in the State of Florida in good standing. Use of qualified subcontractors for specialty work is acceptable. To be considered, the firm or individual shall be a licensed professional in accordance with Florida State law and be familiar with all applicable State of Florida, St. Johns River Water Management District, Orange County and City of Ocoee codes, regulations and laws. Please include a copy of all applicable licenses held by the CMR firm and project team proposed to perform work. This project will be funded by bond proceeds and other dollars appropriated by the City Commission. The project will be awarded upon securing the required funding. 3. The most important scheduled event to occur during the period of construction is the annual Founders' Day Celebration, generally set for the first weekend of November. No work will be permitted during the week prior to Founder's Day. Any project element begun before the Founders' Day week must be completed prior to the work stoppage, as it will not be possible to leave work in progress during the week of work stoppage due to the large crowds expected. Liquidated damages in the amount of$1,500 per day will be imposed on any work not conforming to this requirement. No additional mobilization/ demobilization charges will be allowed for the Founders' Day shutdown. Any such costs must be included in the Base Bid Item for Mobilization/Demobilization. The Celebration is an annual event and the week long work stoppage must be incorporated into the CMR schedule for subsequent years. D. SUBMITTALS Qualifications packages shall be designed to portray to the City how the respondent's services can best match the knowledge, skills, and abilities suggested by the anticipated Scope of Services given above. In order for the City to evaluate the qualification package, each Respondent shall provide information relative to their ability to provide services that will best meet the needs of the City. The required submission materials include the following: RFQ 1702 Construction Manager at Risk for Bluford Avenue Reconstruction 15 I. CMR's Qualifications • List of CMR's key employees/project team members, their qualifications/resumes, and their role in providing the desired City services. • CMR's and key employee's/project team members' certifications and licenses with regulatory agencies, professional organizations, etc. • Provide a project staff organization chart for the entire CMR team. • List of CMR's current or recent successfully completed similar projects within the past five (5) years with other public or private agencies which illustrates the experience of the CMR. • List of at least three (3) client references to include organization name, contact person, telephone number(s), and e-mail address. • Current and projected workload of the CMR, provide project and client names and project commencement and projected completion dates, and construction dollar value of the project. • Project Approach: Briefly describe the CMR's understanding of the project and how the CMR would accomplish this work. II. CMR's Office Location & Other Forms (not included in page limit) • List the office location of the CMR and approximate distance (in miles) and time (in hours)to City Hall. • Attach a Letter of Intent from a qualified surety company indicating the Respondent's bonding capacity for this project (performance and payment bond) and the surety's willingness to issue such a bond that is in compliance with Florida Statute 255.05, on the City's forms provided in this RFQ, in an amount in excess of the estimated budgeted amount shown in the Scope of Services section of this RFQ. See Section 17 of the RFQ for additional information. • Company Information/Signature Sheet p. 16. • Addendum Acknowledgement, if applicable. • Minority Business Enterprise Certification for the CMR firm, if applicable. Attach copy of State of Florida or County MBE Certificate. • Summary of Litigation, if none please so state. Provide a summary of any litigation claim(s), bid or contract dispute(s) filed by or against the CMR firm in the past five (5) years which is related to the services that the CMR firm provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contract dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. E. TIME SCHEDULE The anticipated schedule of events related to this solicitation is: Date of RFQ Request for qualifications advertised 23 days later Last day for questions 30 days later Statements of qualification are due RFQ1702 Construction Manager at Risk for Bluford Avenue Reconstruction 16 35 days later Qualification statements distributed to evaluation committee 45 days later Evaluation committee meeting held 50-60 days later Interviews of the top three or more Respondents Next meeting Short-list of ranked firms recommended to City Commission Dates are estimated and subject to change at the City's discretion. F. SELECTION PROCESS L The criteria for selection shall be based on the criteria listed in the RFQ. The City reserves the right, before awarding the contract, to require a Respondent to submit additional evidence of its qualifications, as the City may deem necessary, and shall conduct discussions with, and may require oral presentations by, no fewer than three (3)firms. The City shall be the sole judge of the competency of Respondents. 2. A City evaluation committee will evaluate each respondent's qualifications and after interviews and/or oral presentations will short-list and recommend to the City Commission the top three (3) firms, if possible, in ranked order of qualifications based upon the evaluation committee's evaluation of the responses and any client references. All Respondents shall be notified via Onvia/Demandstar or other means of the evaluation committee's recommended ranking of firms to the City Commission. The City Commission's decision to endorse or modify the ranking by the evaluation committee shall be final. The City Commission shall be the final authority in the award or rejection of any and all responses. 3. The City will apply the negotiation requirements of Section 287.0055, Fla. Stat., (a.k.a., CCNA). The City will attempt to negotiate an agreement with the top-ranked 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. Evaluation Criteria Maximum Points 1. Overall expertise of the CMR to provide requested services • General civil • Roadway and other transportation • Environmental and stormwater 30 • Potable water, sanitary sewer, and reclaimed water utilities • Parks &recreation RFQ 1702 Construction Manager at Risk for Bluford Avenue Reconstruction 17 Evaluation Criteria Maximum Points 2. Past performance and experience of the CMR Project Team 30 3. Project approach and understanding of the project 20 4. Current and projected workload of the CMR 10 5. Location of the office and proximity to the City of Ocoee 5 6. Certified minority business enterprise 5 Total Possible Points 100 Information supplied by client references may be used in determining the relative merits of a Respondent under any and all of the above-listed criteria. G. BID PROTESTS All Bid Protests shall be submitted to the Purchasing Agent in the following manner: I. A Bidder shall file a written bid protest under this Article or be barred any relief; oral protests shall not be acknowledged. 2. A bid protest shall be limited to the following grounds: (a) issues arising from the procurement provisions of the Project Manual, its addenda, and other bidding documents; and/or(b) applicable federal, state, or local law.No bid protest may be based upon questions concerning the design documents (drawings and specifications). The Bidder shall clarify all questions concerning the design documents of the project prior to submitting its bid. 3. The content of the bid protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief requested. 4. The bid protest shall be filed with the Purchasing Agent not later than five(5) calendar days after the posting of the notice of intent to award or recommendation of award by staff, whichever is earlier. 5. The Purchasing Agent,on behalf of the City, shall make a determination of the merits of the protest not later than five (5) business days after receipt of the protest. If the City denies the protest, the City may proceed with award of the contract unless enjoined by order of a court of competent jurisdiction. END OF INSTRUCTIONS RFQI702 Construction Manager at Risk for Bluford Avenue Reconstruction IS COMPANY INFORMATION/SIGNATURE SHEET RFO#1702 FAILURE TO COMPLY WITH THESE RFQ INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR QUALIFICATION PACKAGE. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL RFQ INSTRUCTIONS, AND THAT YOU UNDERSTAND THAT THE SUCCESSFUL RESPONDENT WILL BE REQUIRED TO ENTER INTO A LEGALLY BINDING CONTRACT WITH THE CITY OF OCOEE. COMPANY NAME TELEPHONE(INCLUDE AREA CODE) FAX (INCLUDE AREA CODE) E-MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNATURE(manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: NAME/TITLE(PLEASE PRINT) STREET ADDRESS CITY STATE ZIP FEDERAL IDH 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 RFQ1702 Construction Manager at Risk for Bluford Avenue Reconstruction 19 ATTACHMENT "A" BLUFORD AVENUE CORRIDOR IMPROVEMENTS PROPOSED SECTIONS MAP RFQ1702 Construction Manager at Risk for Bluford Avenue Reconstruction 20 w`g 4) ° 8 wm _ a) — 0 o t C Eva' o- � L N U ' Vii. CU 0 NL C C +) 3 m :_ \ t.° `� OD E Q' 3 °' U N O 'ffi 1:11e..ti >'— •= N O .' L {A in N i i Q -aUp .° •- , v . , ._ v14.a0 ~ V a u E 3 O. 0 . a:i • • if -, N N , O , ,, 1 , k, k — 1 _ ategit , aJ , - • t yt. N Mei 4.. = .� _s_ Op h a i 1I ' v ,. . ' is-a s ' f ' 1 Vilt Q1 s -O r-, C '.s +, j +� N v) •— 0 CI) • N J• 0 • nilt O _ , Ira..; 4- i ATTACHMENT "B" PROPOSED CONSTRUCTION MANAGER AT RISK AGREEMENT INCLUDING EXHIBITS "A"—"M" RFQ 1702 Construction Manager at Risk for Bluford Avenue Reconstruction 21 ATTACHMENT "B" PROPOSED FORM OF AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER AT RISK FOR BLUFORD AVENUE RECONSTRUCTION PROJECT THIS AGREEMENT made the day of in the year 20 by and between ("Construction Manager"), the CITY OF OCOEE, a Florida municipal corporation, ("City"or"Owner"). ARTICLE I THE CONSTRUCTION TEAM AND EXTENT OF AGREEMENT The Construction Manager accepts the relationship of trust and confidence established between it and the Owner by this Agreement. Construction Manager covenants with the Owner to furnish its best skill and judgment and to cooperate with the Engineer of Record in furthering the interests of the Owner. Construction Manager agrees to furnish efficient business administration and superintendence and use its best efforts to complete the project in the best and soundest way and in the most expeditious and economical manner consistent with the interest of the Owner. 1.1 The Construction Team The Construction Manager, the Owner and the Engineer(s) of Record, called the "Construction Team", shall work jointly during design and through final construction completion and shall be available thereafter should additional services be required. The Engineer(s) and the Construction Manager shall communicate through the Owner, except as may otherwise be provided in this Agreement or when direct communications have been specifically authorized by the Owner. The Construction Manager shall copy the Owner on all correspondence sent to or received from the Engineer(s) or any of its consultants of which the Owner was not copied. The specific representatives of the Construction Team are shown in Exhibit"A" attached. 1.2 Extent of Agreement This Agreement for Pre-construction and Construction Management Services for the Project, between the Owner and the Construction Manager supersedes any prior negotiations, representations or agreements. When drawings, specifications and other descriptive documents defining the work to be included in the Guaranteed Maximum Price (GMP) are complete, an Amendment to the Agreement shall be signed by the Owner and Construction Manager, acknowledging the OMP amount and the drawings, specifications and other descriptive documents upon which the GMP is based. To Page 1 of 84 expedite the preparation of this GMP Amendment by the Owner, the Construction Manager shall obtain two (2) sets of dated drawings, specifications and other documents upon which the GMP is based from the Engineer via the Owner. The Construction Manager shall acknowledge on the face of each document of each set, that it is the set upon which it based its GMP and shall send one set of the documents to the Owner along with its GMP proposal, while keeping one set for itself. See Exhibits"T and "K". This Agreement shall not be superseded by any provisions/revisions of the documents for construction and may be amended only by written instrument signed by both Owner and Construction Manager. 1.3 Definitions Project—The Project is the total work to be performed under this Agreement. The Project consists of design, permitting, and construction for RFQ No. 1702 - Construction Manager at Risk for Projects Less than $10 Million. Owner—City of Ocoee, a political subdivision of the State of Florida. Construction Manager—TBD. Engineer of Record — Utility Improvements — Barnes, Ferland and Associates, Inc. (A.K.A. BFA) Engineer of Record — Roadway Improvements — Brindley Pieters and Associates, Inc. (A.K.A. BPA) Owner's Representatives — The Owner's Representative is the Public Works Director, or City Manager designees, as designated in writing. Estimate — The Construction Manager's latest estimate of probable project construction cost. Contract Documents — This Agreement, the Plans, Specifications and related Construction Documents, RFQ #1702 and all addenda, all written proposals from the Construction Manager, and or any other documents incorporated by reference herein. The general intent of the Contract Documents is to include all items necessary for the proper execution and completion of the scope of the Work by the Construction Manager. All Work mentioned or indicated in the Contract Documents shall be performed by the Construction Manager as part of this Agreement unless it is specifically indicated in the Contract Documents that such Work is to be done by others. In the event the Drawings or the Specifications disagree in themselves or with each other,the Construction Manager shall provide the better quality or better quantity of Work unless otherwise directed by a written addendum to the Agreement. In the event of discrepancies among the Contract Documents, the documents shall be construed according to the following priorities: Page 2 of 84 Highest Priority- OMP Amendment Second Priority - Amendments to drawings and specifications — later date to take precedence Third Priority- Construction Management Agreement Fourth Priority- Specifications Fifth Priority - Drawings Sixth Priority - Request for Qualifications Solicitation Document and all addenda, and all written proposals and responses from Construction Manager. Final Completion—The following items have been completed or satisfied: A. Construction of the Project is totally complete (all work as defined in the Contract Documents),and certified as such by the Owner and Engineer. B. The Project is suitable for full use as determined by the Owner and Engineer. C. All Punch list items have been completed or otherwise disposed of or accounted for to the Owner's satisfaction and approval. D. A Final Certificate of Completion and all other permits and approvals required have been legally and validly issued. E. Construction Manager's executed Final Releases of Lien have been delivered to the Owner. F. Punch List — List of items of work to be completed and deficiencies to be corrected, which items shall not affect the attainment of Substantial Completion. Such items shall be complete or otherwise disposed of prior to final acceptance/completion. G. Schedule of Values —The schedule to be used as a basis for progress payments to be made to the Construction Manager by the Owner during performance of the Work, based on the then current percentage of progress of construction of the Project, subject to the review of the Engineer. H. Substantial Completion Date — The date, certified by the Engineer, that the Project, or designated portion thereof, is sufficiently complete, in accordance with the Construction Documents and a Certificate of Completion issued, so that the Owner can reasonably utilize the Project, or designated portion thereof, for its intended use. Additionally, complete all items referred to as necessary for Substantial Completion, as defined in Article 2.10 (h) and in the Construction Documents. 1. Substantial Completion — All work in the Contract Documents including all pay items are entirely complete; the only remaining work to be performed is the Page 3 of 84 Punch List. J. General Conditions — Those items that are not specific to any trade and are required for the construction of the Project. Examples of General Conditions items include daily cleanup and safety rails. [Reference 9.2(16)] K. Project Improvements — Shall mean the improvements comprising the utility, stormwater, roadway and street scape improvements on Bluford Avenue, as well as any other substantially similar projects identified in RFQ #1702, to be constructed and installed by the Construction Manager at Risk pursuant to this Agreement and the Construction Contract, but shall not include any buildings to be constructed on the Property and occupied for either residential or commercial purposes. L. Underground Facilities= All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.4 Owner's Construction Budget Owner's funds budgeted and requested for construction of the Project: The Owner's Construction Budget is estimated at (To Be Determined at GMP) including all Construction Manager fees, costs of the work and the Owner's and Construction Manager's construction and interface contingencies as defined in Articles 8 and 9. This acknowledgment of the Owner's budgeted funds is not to be construed as the Construction Manager's Guaranteed Maximum Price. A Guaranteed Maximum Price will be offered by separate documentation as outlined in Article 7. ARTICLE 2 CONSTRUCTION MANAGER'S SERVICES The services which the Construction Manager shall provide include, but are not limited to, those described or specified herein. The services described or specified shall not be deemed to constitute a comprehensive specification having the effect of excluding services not specifically mentioned. 2.1 Project Management Information System(PMIS) General: 1. Commencing immediately after contract award, the Construction Manager shall implement and shall utilize throughout the life of this Agreement all subsystems of the Project Management Information System hereinafter referred to as PMIS. Page 4 of 84 2. The reports, documents, and data to be provided shall represent an accurate assessment of the current status of the Project and of the Work remaining to be accomplished and it shall provide a sound basis for identifying variances and problems and for making management decisions. It shall be prepared and furnished to the Owner and the Engineer monthly. 3. If requested by the Owner, the Construction Manager shall conduct a comprehensive workshop for participants designated by the Owner and additional seminars as required, to provide instruction. This workshop and the seminars shall facilitate each participant's and the Owner's representatives' use and understanding of PMIS; shall support, in part, the function of organizing in concert with the Engineer for the design and construction of the Project; and shall establish, with the full concurrence of the Owner and the Engineer, procedures for accomplishing the management control aspect of the Project. 4. The PMIS shall be described in terms of the following major subsystems: A. Narrative Reporting, on a monthly basis, B. Schedule Control, on a monthly basis, C. Cost Control, and estimating, D. Project Accounting, E. Accounting and Payment, and F. Action Reports. 2.2 Narrative Reporting Subsystem The Construction Manager shall prepare written reports as described hereunder. No other PMIS narrative reports shall be required. All reports shall be in 8.5" X 11" format, unless directed otherwise by the Owner. 2. The Narrative Reporting Subsystem shall include the following reports: A. A Monthly Executive Summary which provides an overview of current issues and pending decisions, future developments and expected achievements, and any problems or delays, including code violations found by Permitting Authority. B. A Monthly Cost Narrative describing the current construction cost estimate status of the Project. Page 5 of 84 C. A Monthly Scheduling Narrative summarizing the current status of the overall project schedule. This report shall include an analysis of the various project schedules, a description of the critical path, and other analyses as necessary to compare planned performance with actual performance. D. A Monthly Accounting Narrative describing the current cost and payment status of the entire project. This report shall relate current encumbrances and expenditures to the budget allocations. E. A Monthly Construction Progress Report during the construction phase summarizing the work of the various subcontractors. This report shall include information from the weekly job site meetings as applicable such as general conditions, long lead supplies, current deliveries, safety and labor relations programs permits, construction problems and recommendations, and plans for the succeeding month. F. A Daily Construction Diary during the construction phase describing events and conditions on the site, as well as, identifying the number of crews, men per crew, and heavy equipment on the project each day. 3. The reports outlined in subsection 2A through E above shall be bound with applicable computer reports and submitted monthly during design and construction phases and shall be current through the end of the preceding month. Copies shall be transmitted to the Owner and the Engineer and others as designated by the Owner's Representative with the monthly pay requisition. Additional copies of the report outlined in subsection 2A shall be bound separately and distributed monthly as directed by the Owner's Representative. 4. The report outlined in subsection 2F above shall be maintained at the site available to the Owner and Engineer. A copy, bound, of the complete diary shall be submitted to the Owner at the conclusion of the project. 2.3 Scheduled Control Subsystem: Master Project Schedule - Within 30 days of award of this Agreement, the Construction Manager shall submit, to the Owner for approval, a master project schedule covering the planning and design approvals, construction and Owner utilization of the Project. This schedule shall serve as the framework for the subsequent development of all detailed schedules. The master project schedule shall be produced and updated monthly throughout the project. No revisions, activity additions, activity deletions, Page 6 of 84 or logic changes to the Master Project Schedule or any other schedule previously approved by the Owner, shall be made without the Owner's approval. 2. Within thirty (30) days after the date of the Owner's issuance of a Notice to Proceed for construction, the Construction Manager shall prepare and submit to the Owner's Representative for approval a construction schedule in quadruplicate in sufficient detail to graphically depict the activities contemplated to occur as a necessary incident to performance of the work required to complete the project, showing the sequence in which the Construction Manager proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each such activity. The schedule shall be based on a "Network Analysis System" and shall be the latest version of Primavera, or another acceptable alternative. The Owner shall determine whether the construction schedule developed and submitted by the Construction Manager meets the requirements stated above and such determination shall be binding on the Construction Manager. Failure of the Construction Manager to develop and submit a construction schedule as aforesaid shall be sufficient grounds for the Owner to find the Construction Manager in substantial default and certify that sufficient cause exists to terminate this Agreement or to withhold any payment. Following development and submittal of the construction schedule as aforesaid, the Construction Manager shall, at the end of each calendar month occurring thereafter, update the construction schedule to show the actual progress of the work performed and the occurrence of all events which have affected the progress of performance of the work already performed or will affect the progress of the performance of the work yet to be performed in contrast with the planned progress of performance of such work, as depicted on the original construction schedule and all updates thereto as reflected in the updated construction schedule last submitted prior to submittal of each such monthly update. Each such update to the construction schedule shall be submitted to the Owner in duplicate. Failure of the Construction Manager to update, revise, and submit the construction schedule as aforesaid shall be sufficient grounds for the Owner to find the Construction Manager in substantial default, and certify that sufficient cause exists to terminate this Agreement or to withhold payment to the Construction Manager until a schedule or schedule update acceptable to the Owner is submitted. No revisions, activity additions, activity deletions, or logic changes shall be made without the Owner's approval, which shall not be unreasonably withheld. 3. When required by the Owner, the Construction Manager shall prepare and incorporate into the schedule database, at the required intervals, the Page 7 of 84 following schedules: A. Subcontractor Construction Schedules (Sub-networksl - Upon the award of each sub-contract, the Construction Manager shall jointly, with the subcontractor, develop a schedule which is more detailed than the pre-bid schedule included in the specifications, taking into account the work schedule of the other subcontractors. The construction schedule shall include as many activities as necessary to make the schedule an effective tool for construction planning and for monitoring the performance of the subcontractor. The construction schedule shall also show pertinent activities for material purchase orders, shop drawing schedules and material delivery schedules. B. Completion Schedule - The Construction Manager shall jointly develop with the Engineer and Owner a detailed plan, inclusive of punch lists, final inspections, maintenance training and turn-over procedures, to be used for ensuring accomplishment of a smooth and phased transition from construction to public use. The Completion Schedule shall be produced and updated monthly from its inception through final Owner acceptance. 4. All schedules will be provided to the Owner on electronic Flash Drive media in a format acceptable to the Owner. The Construction Manager will provide the Owner with the appropriate software, if necessary, to read the data. The cost of providing the licenses and software shall be part of the cost of construction and included as part of Article 9, Cost of the Work. 2.4 Budget Control Subsystem - The operation of this subsystem shall provide sufficient timely data and detail to permit the Construction Team to control and adjust the project requirements, needs, materials, equipment and systems by building and site elements so that construction will be completed at a cost which, together with all other project costs, will not exceed the GMP. Requirements of this subsystem include the following submissions at the following phases of the project: I. Estimates - Prior to the start of pre-construction services, the Owner may require any of the following estimates: A. Completion of Schematic Documents B. Completion of 100% Design Development Documents C. 100% GMP Estimate - When the Construction Documents are sufficiently complete enough to establish the GMP. 2.5 Project Accounting Subsystem The operation of this subsystem shall enable the Construction Team to Page 8 of 84 monitor and control the funds available for the project, cash flow, costs, change orders, payments, and other major financial factors by comparison of budget, estimate, total commitment, amounts invoiced, amounts payable, and to plan effectively, This subsystem will be produced and updated monthly and includes the following reports, which together will serve as a basic accounting tool and an audit trail. This report will also provide for accounting by building and site element. 2. Costs Status Report presenting the budget, estimate, and base commitment (awarded contracts and purchase orders) for any given contract or budget line item. It shall show approved change orders for each contract which when added to the base commitment will become the total commitment. Pending change orders will also be shown to produce the total estimated probable cost to complete the work. 3. A Payment Status Report showing the value in place (both current and cumulative), the amount invoiced (both current and cumulative), the retainage, the amount payable (both current and cumulative), and the balance remaining. A summary of this report shall accompany each pay request. 4. A Detailed Status Report showing the complete activity history of each item in the project accounting structure. It shall include the budget, estimate and base commitment figures for each contract. It shall give the change order history including change order numbers, description, proposed and approved dates, and the proposed and approved dollar amounts. It shall also show all pending or rejected change orders. 5. A Cash Flow Diagram showing the projected accumulation of cash payments against the project. Cash flow projections shall be generated for anticipated monthly payments as well as cumulative payments. 6. A Job Ledger shall be maintained as necessary to supplement the preparation of the project accounting subsystem. The job ledger will be used to provide construction cost accountability for general conditions Work, on-site reimbursable expenses, and costs. 7. Component Parts for accounting purposes, the Construction Manager will separate the Project into three components: the Utility Improvements, the Stormwater, and Streetscape Improvements. 2.6 Project Manual When directed by the Owner, the Construction Manager shall provide the following: 1. Upon award of contract the Construction Manager shall develop a draft comprehensive Project Manual describing the services set forth in this Agreement for Owner's approval. This shall provide a plan for the control, Page 9 of 84 direction, coordination and evaluation of work performed throughout the project, including identification of Key personnel, responsibilities of Construction Manager, Owner and Engineer; work flow diagrams; and strategy for bidding the work. The Project Manual shall be updated as necessary with the Owner's approval throughout the design, construction and Owner utilization phases. Two copies of the Project Manual and any updates shall be submitted to the Owner and Engineer. In developing the Project Manual, the Construction Manager shall coordinate with the Owner and the Engineer. 2. Contents of Project Manual - The Project Manual shall describe in detail the procedures for executing the work and the organizations participating. The Project Manual shall include as a minimum the following sections: A. Project Definition - The known characteristics of the project or sub- projects shall be described in general terms which will provide the participants a basic understanding of the project or sub-projects. B. Project Goals - The schedule, budget, physical, technical and other objectives for the project shall be defined. C. Project Strategy - A narrative description of the project delivery methods shall be utilized to accomplish the project goals. D. Project Work Plan - A matrix display of the program of work to be performed by the Construction Manager, the Engineer and the Owner during each phase of the project. E. Project Organization - A summary organization chart showing the interrelationships between the Owner, the Construction Manager and the Engineer, and other supporting organizations and permitting review agencies. Detailed charts, one each for the Construction Manager, the Engineer, and the Owner showing organizational elements participating in the project shall be included. F. Responsibility Performance Chart - A detailed matrix showing the specific responsibilities and interrelationships of the Owner, the Engineer, Construction Manager, and subcontractors. The Responsibility Performance Chart shall indicate major responsibility, and minor responsibility, for each specific task required to deliver the project. The Construction Manager shall develop a similar chart for the personnel within its own organization, as well as for its subcontractors, who are assigned to the project, and also for the personnel of the Owner and the Engineer from data supplied by each. G. Flow Diagrams - These charts shall display the flow of information and the decision process for the review and approval of shop drawings and submittals, progress and change orders. H. Written Procedures - The Construction Manager will provide written procedures for communications and coordination required between Page 10 of 84 Construction Team members throughout the project. Procedures shall cover such items as correspondence, minutes, reports, inspections, team meetings, technical reviews, design reviews, and other necessary communications. 2.7 Design and Review and Recommendations The Construction Manager shall perform the services described in this Article. The services to be provided under Paragraph 2.7 constitute the Pre-construction Phase services. The parties acknowledge the Construction Phase may commence before the Pre- construction Phase is completed, and to a certain extent both phases shall proceed concurrently. The parties acknowledge that the owner may choose not to proceed with the Construction Phase or any portion of the construction in its sole discretion, and owner may terminate the Agreement for its convenience per Paragraph 14.3. Preliminary Evaluation - The Construction Manager shall provide a preliminary evaluation of the Owner's program and Project budget requirements, each in terms of the other. 2. Consultation -The Construction Manager will jointly schedule and attend regular meetings with the Owner and Engineer. The Construction Manager will consult with the Owner regarding site use and improvements, and the selection of materials, building systems and equipment. The Construction Manager will provide recommendations on construction feasibility; actions designated to minimize adverse effects of labor or material shortages; scheduling and time requirements for procurement, installation, and construction completion; and factors related to construction cost including estimates of alternative designs or materials, preliminary budgets, and possible economies, including providing value engineering options. The Construction Manager's fundamental role and responsibility during and throughout the progress of the design and construction document phases of the Project shall include examination of the contract documents with written communication(s) to the Owner, Owner's Representative and Engineer of any gaps, redundancies and conflicts that have the potential to adversely affect the cost, schedule and constructability of the Project. 3. Phased Construction - The Construction Manager shall make recommendations to the Owner regarding the phased issuance of Drawings and Specifications to facilitate phased construction of the Work, taking into consideration such factors as economies, time of performance, availability of labor and materials, and provisions for temporary facilities. The Owner may choose to terminate this agreement before commencing any phase. 4. Review Reports - Within 30 days after receiving the Construction Documents for each phase of the project, the Construction Manager shall Page I 1 of 84 perform a specific review thereof, focused upon factors of a nature encompassed in Paragraph 2.7(1) and 2.7(2) above and on factors set out in Paragraph 2.7 Promptly after completion of the review, Construction Manager shall submit to the Owner, with copies to the Engineer, a written report covering suggestions or recommendations previously submitted; additional suggestions or recommendations as Construction Manager may deem appropriate, and all actions taken by the Engineer with respect to same; any comments Construction Manager may deem to be appropriate with respect to separating the work into separate contracts; alternative materials; and all comments called for under Article 2.7(3) . THE CONSTRUCTION MANAGER SHALL WARRANT, TO THE BEST OF CONSTRUCTION MANAGER'S KNOWLEDGE, WITHOUT ASSUMING ANY ENGINEERING RESPONSIBILITY, THAT THE PLANS AND SPECIFICATIONS ARE CONSISTENT, PRACTICAL, FEASIBLE AND CONSTRUCTIBLE. CONSTRUCTION MANAGER SHALL WARRANT THAT THE WORK DESCRIBED IN THE PLANS AND SPECIFICATIONS FOR THE VARIOUS SUBCONTRACTOR BIDDING PACKAGES IS CONSTRUCTIBLE WITHIN THE SCHEDULED CONSTRUCTION TIME. The recommendations and advice of the Construction Manager concerning design alternatives shall be subject to the review and approval of the Owner and Owner's professional consultants. Construction Manager shall not assume in any way the responsibilities of the Engineer; in particular, the responsibility of assuring that the Drawings and Specifications, which are identified in Exhibit "1", are in accordance with applicable laws, statutes, ordinances, Building Codes, Rules, and Regulations. However, if the Construction Manager recognizes that portions of the Drawings and Specifications are at variance therewith, the Construction Manager shall promptly notify the Engineer, via the Owner, in writing. 5. Long Lead Procurements - The Construction Manager shall review the design for the purpose of identifying long lead procurement items (machinery, equipment, materials and supplies). When each item is identified, the Construction Manager shall notify the subcontractors, the Owner and the Engineer of the required procurement and schedule. Such information shall be included in the bid documents and made a part of all affected sub-contracts. The Construction Manager shall keep itself informed of the progress of the respective subcontractors or suppliers manufacturing or fabricating such items, and advise Owner and Engineer of any problems or prospective delay in delivery. The Construction Manager may recommend to the Owner a schedule for procurement of the long-lead time items, which will constitute part of the Work as required to meet the Project Schedule. If such long-lead time items are procured by the Owner, they shall be procured on terms and conditions acceptable to the Construction Manager. Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, all Page 12 of 84 contracts for such items shall be assigned by the Owner to the Construction Manager, who shall accept responsibility for such items as if procured by the Construction Manager. The Construction Manager shall assist in expediting the delivery of long-lead time items. 6. Separate Contracts Planning - Without assuming any design responsibilities, the Construction Manager shall review the design with the Engineer and make recommendations to the Owner with respect to dividing the work in such manner as will permit the Construction Manager to take bids and award separate construction sub-contracts on the current schedule while the design is being completed. It shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and cost by overlapping design and construction that are authorized by the Owner. 7. Interfacing A. The Construction Manager shall take such measures as are appropriate to provide that all construction requirements will be covered in the separate subcontracts for procurement of long lead items, the separate construction subcontracts and the general conditions items performed without duplication or overlap, sequenced to maintain completion of all work on schedule. Particular attention shall be given to provide that each bid package clearly identifies the work included in that particular separate subcontract, its schedule for start and completion and its relationship to other separate contractors. B. Without assuming any Design responsibilities of the Engineer, the Construction Manager shall include in the reports required under Article 2.7(4) comments on overlap with any other separate subcontracts, omissions, lack of correlation between drawings, and any other deficiencies noted, in order that the Owner and Engineer may arrange for necessary corrections. 8. Job-Site Facilities - The Construction Manager shall arrange for all job- site facilities necessary to enable the Construction Manager and the Owner's representatives and the Engineer to perform their respective duties in the management, inspection,and supervision of construction. 9. Market Analysis and Stimulation of Bidder Interest A. The Construction Manager shall monitor conditions in the construction market to identify factors that will or may affect costs and time for completing the project; it shall make analysis as necessary to (1) determine and report on availability of labor, Page 13 of 84 material, equipment, potential bidders, and possible impact of any shortages or surpluses of labor or material, and (2) in light of such determinations, make recommendations to the Owner as may be appropriate with respect to long lead procurement, separation of construction into bid packages, sequencing of work, use of alternative materials, equipment or methods, other economics in design or construction, and other matters that will promote cost savings and completion within the scheduled time. B. The Construction Manager shall submit to the Owner a written "Construction Market Analysis and Prospective Bidders Report" setting out recommendations and providing information as to prospective bidders. As various bid packages are prepared for bidding, the Construction Manager shall submit to the Owner and the Engineer a list of potential bidders. The Construction Manager shall be responsible to stimulate bidder interest in the local market place and identify and encourage bidding competition. C. The Construction Manager shall carry out an active program of stimulating interest of qualified contractors in bidding on the work and of familiarizing those bidders with the requirements of this project. 2.8 Construction Phase Construction Manager's Staff- The Construction Manager shall maintain sufficient off-site support staff, and competent full time staff at the Project site authorized to act on behalf of the Construction Manager to coordinate, inspect and provide general direction of the work and progress of the subcontractors and it shall provide no less than those personnel during the respective phases of construction that are set forth in Exhibit "B" to this agreement. Construction Manager shall not change any of those persons named in Exhibit "B" unless mutually agreed to by the Owner and Construction Manager. In such case, the Owner shall have the right of approval of the qualifications of replacement personnel. Such approval will not be unreasonably withheld. 2. Lines of Authority - The Construction Manager shall establish and maintain lines of authority for this personnel, and shall provide this definition to the Owner and all other affected parties such as the code inspectors of the Permitting Authority, the subcontractors, the Engineer and the Owner's representatives, to provide general direction of the work and progress of the various phases and subcontractors. The Owner and Engineer may attend meetings between the Construction Manager and its subcontractors; however, such attendance shall not diminish either the Page 14 of 84 authority or responsibility of the Construction Manager to administer the subcontractor. 3. Schedule and Project Manual Provisions - The Construction Manager shall provide subcontractors and the Owner, its representatives and the Engineer with copies of the Project Manual (total number of copies not to exceed 10) developed and updated as required by Article 2.6 expanded for each Construction Phase, employing their respective milestones, beginning and finishing dates, their respective responsibilities for performance, and the relationships of their work with respect to subcontractors and suppliers. Construction Manager shall also continue to provide current scheduling information, direction and coordination regarding milestones, and beginning and finishing dates. Construction Manager is also responsible for performance and the relationships of the Construction Manager's work to the work of its subcontractors and suppliers to enable them to perform their respective tasks so that the development of construction progresses in a smooth and efficient manner in conformance with the overall project schedule. The schedule shall include all phases of the construction work, material supplies, long lease procurement, approval of shop drawings, change orders in progress, schedules for change orders, and performance testing requirements. Construction Manager shall advise the Owner, its representatives and the Engineer of their required participation in any meeting or inspection giving each at least one week notice unless such notice is made impossible by conditions beyond its control. Construction Manager shall hold job-site meetings at least once each month with the Construction Team or more frequently as required by work progress, to review progress, discuss problems and their solutions and coordinate future work with all subcontractors. 4. Solicitation of Bids A. Without assuming responsibilities of the Engineer, the Construction Manager shall prepare invitations for bids, or requests for proposal when applicable, for all procurement of long lead items, materials and services, for Subcontractor contracts and for site utilities. Such invitations for bids shall be prepared in accordance with the following guidelines: I. Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager. The Construction Manager shall obtain bids from subcontractors, vendors, consultants and from suppliers of materials or equipment fabricated to a special design for the Work. The Construction Manager shall strive to receive at least three competitive bids per trade package. Should the nature of the trade package prohibit three competitive bids,the Page 15 of 84 Construction Manager shall notify the Owner in writing as to the reason and offer suggestions, if any, to create trade interest. B. The Construction Manager shall be responsible for coordinating with the Engineer and preparing all information that is the responsibility of the Construction Manager for bidding of the separate bid packages. C. As part of such preparation, the Construction Manager shall review the specifications and drawings prepared by the Engineer. Ambiguities, conflicts, lack of clarity of language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by the Construction Manager shall be brought to the attention of the Owner and Engineer in written form. The Construction Manager is solely responsible for reviewing and comparing the Contract Documents with each other and shall immediately report to the Engineer any and all errors, inconsistencies or omissions. In the event the Construction Manager performs any Work with the knowledge that it involves an error, inconsistency or omission in the Contract Documents, the Construction Manager shall be responsible for such erroneous, inconsistent, or omitted Work. The Construction Manager is also responsible for taking such field measurements as are necessary in order to verify field conditions and to compare such field measurements and conditions with the Contract Documents. Any and all errors, inconsistencies or omissions shall be immediately reported to the Engineer. The Construction Manager and the Owner's Representative shall mutually agree when and if to conduct a pre-bid conference with prospective bidders and the Engineer. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, the Construction Manager shall transmit these to the Owner and the Engineer, and upon receiving clarification or correction in writing, the Construction Manager shall prepare an addendum to the bidding document, and issue same to all of the prospective bidders. The Construction Manager shall not enter into contracts without the Owner reviewing the proposed successful bidder. The Owner shall promptly, within (3) business days, review all proposals and provide comments so as not to cause delay in the award of a contract. Owner's failure to respond within this time frame shall constitute acceptance of the proposed contract. Owner shall have the right to reject any award of subcontract providing such rejection is justifiable and with cause. Should the Owner reject a proposal without cause and should the next bondable, qualified bidder that is acceptable to the Construction Manager be greater than the GMP budget for that work item, the Owner shall issue a change order to the Construction Manager, increasing the GMP for the amount of the difference between the proposed award and that which the Owner has requested. Page 16 of 84 D. The Construction Manager is required to enter into written agreements with each subcontractor who will perform any portion of the Work on the Project. The subcontract agreement shall incorporate the terms of the Contract Documents, and the terms of this Agreement, and be assignable to Owner. Further, where appropriate, the Construction Manager shall require each subcontractor to enter into similar agreements with sub-subcontractors and material suppliers. Before entering any agreement with a subcontractor, Construction Manager shall confirm that the subcontractor is properly licensed by the State, Seminole County, and any applicable municipality, for the portion of the Work to be performed on the Project, and shall supply such information or proof of licensing, in writing,to Owner. 5. Bonds - In accordance with the provisions of Section 255.05, Florida Statutes, the Construction Manager shall provide to the Owner, on forms furnished by the Owner and attached as Exhibit "L", a 100% Performance Bond and a 100%Labor and Material Payment Bond each in an amount not less than the total construction cost as defined in Article 9 and inclusive of the construction fee. To be acceptable to the Owner as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall comply with the following provisions: A. The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida. B. The Surety Company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. C. The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code. D. The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the bond is issued. 1. The Surety Company shall have at least the following minimum ratings in the latest issue of Best's Key Rating Guide. Contract Amount Policy Holder's Rating Required Financial Rating $500,000 to$1,000,000 A Class IV $1,000,000 to$2,500,000 A Class V $2,500,000 to$5,000,000 A Class VI $5,000,000 to$10,000,000 A Class VII Page 17 of 84 $10,000,000 to$25,000,000 A Class VIII $25,000,000 to$50,000.000 A Class IX $50,000,000 to$75,000,000 A Class X 2. The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding Ten Percent (10 %) of its surplus to policyholders,provided: a. In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted. b. Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state has been met. 6. Quality Control - The Construction Manager shall develop and maintain a written program, acceptable to the Owner and Engineer, to assure quality control of the construction. Construction Manager shall supervise the work of all subcontractors providing instructions to each when their work does not conform to the requirements of the plans and specifications and Construction Manager shall continue to exert its influence and control over each subcontractor to ensure that corrections are made in a timely manner so as to not affect the efficient progress of the work. Should disagreement occur between the Construction Manager and Engineer over acceptability of work and conformance with the requirements of the specifications and plans, the Owner shall be the final judge of performance and acceptability, subject to the dispute provisions of this Agreement. 7. Subcontractor Interfacing - The Construction Manager shall be the single point of interface with all subcontractors for the Owner and all of its agents and representatives including the Engineer. Construction Manager shall negotiate all change orders, field orders and request for proposals, with all affected subcontractors and shall review the costs of those proposals and advise the Owner and Engineer of their validity and reasonableness, acting in the Owner's best interest prior to requesting approval of each change order from the Owner. Before any Work is begun on any change order, a written authorization from the Owner must be issued. However, when health and safety are threatened,the Construction Manager shall act immediately to remove the threat to health and safety. Construction Manager shall also carefully review all shop drawings and then forward the same to the Engineer for review and actions. The Engineer shall transmit them back to the Construction Manager who will then issue the shop Page 18 of 84 drawings to the affected subcontractor for fabrication or revision. The Construction Manager shall maintain a suspense control system to promote expeditious handling. Construction Manager shall request the Engineer via the Owner to make interpretations of the drawings or specifications requested of him by the subcontractors and shall maintain a suspense control system to promote timely response. Construction Manager shall advise the Owner and Engineer when timely response is not occurring on any of the above. 8. Permits - The Construction Manager shall secure all necessary permits from the Permitting Authority and all necessary utility connection permits, the cost of which will be considered a direct cost item, but not subject to Construction Manager profit, as described in section 8.3. 9. lob Site Requirements A. The Construction Manager shall provide for each of the following activities as a part of its Construction Phase Cost: 1. Maintain a log of daily activities, including manpower records, heavy equipment on site, weather,delays, major decisions, etc. 2. Maintain a roster of companies on the project with names and telephone numbers of key personnel. 3. Establish and enforce job rules governing parking, clean-up, use of facilities and worker discipline. 4. Provide labor relations management for a harmonious, productive project. 5. Provide a safety program for the project to meet OSHA requirements. Monitor for subcontractor compliance without relieving them of responsibilities to perform work in accordance with the best acceptable practice. 6. Provide a quality control program as developed under Article 2.8(6) herein above. 7. Miscellaneous office supplies that support the construction efforts, which are consumed by its own forces. 8. Travel to and from its home office to the project site, as the project requires. B. The Construction Manager shall provide personnel and equipment or shall arrange for separate subcontracts to provide each of the following as a direct cost item: I. Schedule the services of independent testing laboratories for the necessary testing of materials to ensure conformance to contract requirements, if the Owner does not provide for these services. Page 19 of 84 2. The printing and distribution of all required bidding documents and shop drawings, including the sets required by the Permitting Authority's inspectors. 10. Job Site Administration - The Construction Manager shall provide, as part of its job site fee,job site administrative functions during construction to assure proper documentation, including but not limited to such things as the following: A. Job Meetings - Hold weekly progress and coordination meetings to provide for an easy flowing project. Implement procedures, assure timely submittals, expedite processing approvals and return of shop drawings, samples, etc.; Coordinate and expedite critical ordering and delivery of materials, work sequences, inspection and testing, labor allocation, etc.; Review and coordinate each subcontractor's Work; Review and implement revisions to the Schedule; Monitor and promote safety requirements. In addition, a regular monthly project status meeting will be held between the Engineer, Owner and Construction Manager. Use the job site meeting as a tool for planning of work and enforcing schedules and for establishing procedures, responsibilities, and identification of authority for all to clearly understand. Identify party or parties responsible for follow up on any problems, delay items or questions and identify a course for solution. Revisit each pending item at each subsequent meeting until resolution is achieved. Require all present to make any problems or delaying event known to those present for appropriate attention and resolution. B. Shop Drawing Submittals/Approvals - Provide staff to check shop drawings and to implement procedures to be approved by Owner for submittal and transmittal to the Engineer and Owner of such drawings for action, and closely monitor their submittal and approval process. C. Material and Equipment Expediting - Provide staff to closely monitor material and equipment deliveries, important checking and follow-up procedures on supplier commitments of all subcontractors. D. Payments to Subcontractors - Develop and implement a procedure for review, processing, and payment of applications by subcontractors for progress and final payments. E. Document Interpretation - Refer all questions for interpretation of the documents prepared by the Engineer to the Engineer via the Owner. F. Reports and Project Site Documents - Record the progress of the project. Submit written progress reports to the Owner and the Engineer including information on the subcontractors' work, and the percentage of completion. Keep a daily log available to the Owner, the Engineer and the Permitting Authority inspectors. Page 20 of 84 G. Subcontractors' Progress - Prepare periodic punch lists for the subcontractors' work, including unsatisfactory or incomplete items and schedules for their completion. H. Substantial Completion - Ascertain when the work, or designated portions thereof, are ready for the Owner's and the Engineer's substantial completion inspection. Prior to the Owner's and Engineer's pre-substantial completion inspection, the Construction Manager shall issue a list of incomplete items. After the Owner's and the Engineer's inspection, the Construction Manager shall prepare a schedule for the completion of the list indicating completion dates for the Owner's review. The Owner and the Engineer will issue a certificate of substantial completion when the work on the Construction Manager's pre-substantial completion punch list has been accomplished, to the best of the Construction Manager's ability (See Exhibit"C"). After the Construction Manager has notified the Engineer that the project is substantially compete, and the Engineer agrees that all Contract Documents and each pay item is complete, the Engineer shall notify the Construction Manager and the Owner, in writing, that the project has attained substantial completion. The Engineer, Owner and the Construction Manager will perform the semifinal inspection within seven (7) day of substantial completion. As part of the semi-final inspection, representatives of the Owner will perform a joint review of the project. The Engineer will generate a final project condition report, with resolutions of discrepancies if any, and provide a copy to the Owner and Construction Manager. If, at the semifinal inspection, all construction provided for and contemplated by the Agreement is found complete to the Engineer's satisfaction, such inspection shall constitute the final inspection, as prescribed herein. If, however, any work is found unsatisfactory, in whole or in part, the Engineer shall compile a "punch list" of work to be completed. A copy of the "punch list" will be furnished to the Construction Manager, with the indication that the work so noted must be completed. Time shall continue to be charged on the project. Any "punch list(s)" furnished to the Construction Manager prior to final inspection and acceptance shall state that it is not to be construed as the"final" list. It shall also state that items damaged beyond the control of the Construction Manager and prior to the final inspection must be corrected prior to final acceptance. It shall also state that the Construction Manager is still responsible for maintenance, including mowing, of the Project(s) until final acceptance. Final Completion - Monitor the Subcontractors' performance on the completion of the project and provide notice to the Owner and Engineer that the work is ready for final inspection. Secure and transmit to the Owner, through the Engineer, all required guarantees, affidavits, releases, bonds and waivers, manuals, record drawings, and maintenance books, including the Final Completion form shown in Exhibit"D". Page 21 of 84 J. Start-Up - With the Owner's personnel, direct the checkout of utilities, operations, systems and equipment for readiness and assist in their initial start-up and testing by the trade contractors. K. Record Drawings/As-Built Drawings - The Construction Manager shall monitor the progress of its own forces or its Subcontractors on marked up field prints. The Construction Manager shall record all deviations from original drawings. Final payment will not be made until the requirements of this paragraph have been met. During the progress of the work, the Construction Manager shall record on all field sets of drawings the exact locations, as installed, of all underground and otherwise concealed conduit, pipe and duct lines which were not installed exactly as shown on the contract drawings. Upon completion of the work, this data shall be recorded to scale on electronic files of the contract drawings. Where changes are to be recorded, the drawing shall be erased before the changes are made. Where the work was installed exactly as shown on the contract drawings the drawing shall not be distributed other than being marked "As-Built." In showing the changes the same legend shall be used to identify piping, etc., as was used on the contract drawings. Each sheet shall bear the date and name of the subcontractor submitting the drawings. The Construction Manager shall review the completed as-built drawings and ascertain that all dates furnished on the drawings are accurate and truly represent the work as actually installed. When manholes, boxes, underground conduits, inverts, etc., are involved as part of the work, the Construction Manager shall furnish true elevations and locations, all properly referenced by using the original benchmark used for the institution or for this project. The drawings including those unchanged and changed shall be submitted to the Engineering and the Owner when completed, together with two sets of blue line or black line prints for certification. Upon completion and prior to final inspection, the following must be provided to the Engineer and Owner: 1. Test results as required. 2. Maintenance Bond for facilities to be conveyed to the Owner. 3. As-built drawings shall be submitted after final inspection and prior to acceptance for water, wastewater and drainage systems, both on and off-site. These drawings shall be based upon field surveys, and will show all boundary, rights-of-way, easement and lot lines, and shall be certified by a Registered Professional Land Surveyor in accordance with Chapter 62-817, F.A.C. Note: Digital format drawings(ACAD and PDF and/or ArcView). a. Location of all sanitary manholes and the service end of all laterals and elevation of all inverts and manhole tops. b. Location and top invert elevations of all lift stations and location and elevation of all valves, and point at which force main crosses any wastewater or drainage lines. Page 22 of 84 c. Location, size and invert elevation of all drainage pipes. d. Location of all water mains, valves and joints and elevation of all fittings. e. Spot elevation at fifty (50)-foot intervals along the top of the berm and sufficient bottom elevations to show conformance to design, of all retention/detention ponds. f. Spot elevation at fifty (50)-foot intervals along all off-site drainage ditches and swales. g. CAD files should be in State Plane Coordinates(SPC)Feet, East Zone - Florida,North American Datum (NAD) 1983. h. Objects should be assigned by layer with color by layer.No cryptic layer names. If cryptic layer names are used (i.e. DXF files from microstation) then a list defining layer names must be provided. I I. Administrative Records - The Construction Manager may be required to maintain at the job site on a current basis, files and records such as, but not limited to the following: Contracts or Purchase Orders Shop Drawing Submittal/Approval Logs Equipment Purchase/Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Requests Payment Request Records Meeting Minutes Cost-Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Purchase Orders Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built"/Record Drawing Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Page 23 of 84 Transmittal Records Inspection Reports Bid/Award Information Bid Analysis and Negotiations Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements Project Manual Job Photographs Schedules(original, updated, and as-built) The project records shall be available at all times to the Owner and Engineer for reference or review. 12. Owner Utilization The Construction Manager shall: A. Provide services during the design and construction phases, which will provide a smooth and successful Owner utilization of the project. Provide consultation and project management to facilitate Owner utilization and provide transitional services to get the work, as completed by the contractors, subcontractors, "on line" in such conditions as will satisfy Owner operational requirements. B. Conduct the Construction Manager's preliminary punch list inspection and coordinate the completion of all punch list work to be done with Owner utilization requirements in mind. Videotape all major equipment startup procedures and deliver videotapes as part of the closeout documents. C. Catalog operational and maintenance requirements of equipment to be operated by maintenance personnel and convey these to the Owner in such a manner as to promote their usability. Provide operational training, in equipment use, for building operators. D. Secure required guarantees and warranties, assemble and deliver same to the Owner in a manner that will facilitate their maximum enforcement and assure their meaningful implementation. The Owner may take control of portions of the project providing the above items discussed in this paragraph have been completed and the Substantial Completion", "Start- Up", "Record Drawing, and Warranty requirements specified in paragraphs 2.8(10) and 2.8(13) have been completed to the Owner's satisfaction for the portions to be occupied, excluding the requirements for a warranty inspection nine months after Owner Utilization. 13. Warranty Where any work is performed by the Construction Manager's own forces or by subcontractors under contract with the Construction Manager, the Construction Page 24 of 84 Manager shall warrant that all materials and equipment included in such Work will be new except where indicated otherwise in Contract Documents, and that such Work will be of good quality, free from improper workmanship and defective materials and in conformance with the Drawings and specifications. With respect to the Work, the Construction Manager further agrees to correct all work found by the Owner to be defective in material and workmanship or not in conformance with the Drawings and Specifications for a period of one year from the Date of Substantial Completion or partial utilization of any portion of the building, whichever comes first, or for such longer periods of time as may be set forth with respect to specific warranties contained in the trade sections of the Specifications. The Construction Manager shall collect and deliver to the Owner any specific written warranties given by others as required by the Contract Documents. Also, the Construction Manager shall conduct, jointly with the Owner and the Engineer, a warranty inspection approximately eleven (11) months after the date of Owner Utilization. 14. Uncovering and Correction of the Work A. In the event the Construction Manager covers a portion of the Work contrary to the request of the Engineer or prior to an inspection by the Engineer, the Construction Manager must if requested in writing uncover the Work, and then shall be required to replace the work at the Construction Manager's sole expense, without any change to the contract time. B. The Project is subject to and shall be constructed in accordance with the Florida Building Code, Florida Department of Transportation Standard Specifications for Road and Bridge Construction, City of Ocoee Engineering Standards (see Exhibit "M"), and to all applicable codes referenced therein. C. The Construction Manager shall promptly correct any and all Work rejected by the Engineer and any and all Work which fails to comply with the requirements of the Contract Documents. The Construction Manager shall bear all of the costs for correcting such Work, including any compensation for the Engineer's services. D. If within one (1) year after the date of final completion of the Work or after the date for commencement of warranties, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Construction Manager shall promptly return to the Project and correct the deficient Work upon receipt of written notification from the Owner to do so. The obligation set forth in this subparagraph shall survive acceptance of the Work under this Agreement and any termination of the Agreement. The Owner shall give such written notice promptly after discovery of the deficient Work. This one(I) year Construction Manager warranty described in this subparagraph does not impact or impair any manufacturer's warranty or the Owner's ability to make any other claim against the Construction Manager as allowed under Florida law. Page 25 of 84 E. The Construction Manager shall immediately remove from the Work Site any and all portions of the Work which are not in compliance with the requirements of the Contract Documents. In the event the Construction Manager fails to correct any non-conforming Work within a reasonable time, the Owner may correct such non-conforming Work, the cost of which shall be the Construction Manager's responsibility. In the event the Owner corrects the non-conforming Work, the Owner in its sole discretion may remove, store or sell for salvage any salvageable materials or equipment related to or a part of the non-conforming work at the Construction Manager's expense. If the Construction Manager fails to reimburse the Owner for such expenses within 7 days after written notice, the Owner may take any and all action it deems appropriate in order to obtain reimbursement of its expenses under this subparagraph. Any action taken by the Owner under this subparagraph shall not in any respect serve to limit in law or equity the Owner's ability to place any other claim against the Construction Manager. F. The Owner has the discretion to accept work that is not in compliance with the requirements of the Contract Documents. In this event, the Owner shall reduce its decision to writing, which shall include any reduction, if any, to the Contract Sum as a result of the acceptance of non- conforming Work. Any such adjustment to the Contract Sum shall apply whether or not final payment has been made under this Agreement. 15. Site Conditions A. Field Measurements. Before undertaking each part of the construction, Construction Manager shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. Construction Manager shall promptly report in writing to the Owner any conflict, error or discrepancy which Construction Manager or any of its Subcontractors or Suppliers may discover and shall obtain a written interpretation or clarification from Owner before proceeding with any Work affected thereby; provided, however, Construction Manager shall not be liable to the Owner for failure to report any conflict, error or discrepancy unless Construction Manager or any of its Subcontractors or Suppliers had actual knowledge thereof or should reasonably have known thereof. B. Physical Conditions(Including Underground Facilities) 1. The Contract Documents may identify reports of explorations and tests of subsurface conditions at the site, and those drawings of physical conditions in or relating to existing surface or subsurface structures or Underground Facilities owned by Owner which are at or contiguous to the site, that have been utilized by the design professional in preparation of the Contract Documents. Construction Manager shall have full responsibility for physical conditions, and Underground Facilities owned by Owner or others, shown or Page 26 of 84 indicated in the Contract Documents. 2. The information and data shown or indicated in the Contract Documents with respect to Underground Facilities owned by others or at contiguous to the site is based on information and data furnished to Owner or the design professional by the owners of such Underground Facilities or by others. The Owner shall not be responsible for the accuracy or completeness of any such information or data, and the Construction Manager shall have full responsibility for reviewing and checking all such information and data. 3. If the Contract Documents necessitate amending to order changes in the Work due to Underground Facilities owned by the Owner or others, whether they be shown or indicated or newly discovered, Owner shall authorize the required changes in the Work by Change Order. If those Underground Facilities owned by the Owner or others cause or will cause delays in the performance or extend completion of all or part of the work, Construction Manager shall absorb all related delay, extension or acceleration costs, however caused; except that if Owner and Construction Manager agree that the delays require a change in Contract Time, Owner shall authorize the necessary change in Contract Time. However, an extension in Contract Time, when and if so granted shall be Construction Manager's sole and exclusive remedy with respect to Owner for any delay, disruption, interference, inefficiency, acceleration, extension or hindrance and associated costs, however caused, resulting from variance in the location or configuration of Underground Facilities owned by the Owner or others shown or indicated, or from newly discovered Underground Facilities owned by the Owner or others. 4. Unless it prejudices Work already excavated and uncovered, Construction Manager shall schedule layout, excavation and uncovering of Work or Underground Facilities a sufficient time in advance to allow the Owner's Engineer of Record's review, and the possible amending or supplementing of the Contract Documents. C. Special Requirements for Underground Facilities Construction Manager shall have full responsibility: a) for field locating any and all Underground Facilities including utilities shown or indicated as to depth and alignment in advance of excavation; b) for identifying the owner of any newly discovered Underground Facility and promptly notifying that owner and Engineer of that discovery; c) for shoring, blocking and protecting Underground Facilities including utilities shown, indicated or discovered; d) for coordination, scheduling and sequencing the Work with the owners of all Underground Facilities shown, indicated or discovered; e) for repairing any damage to the satisfaction of those owners, to the extent that the damage was due to Construction Manager's failure to adhere to the requirements of this section, or to the fault or negligence of Construction Manager; and f) for the safety and protection of any affected Work, and for repairing any damage done to the work. Except as otherwise provided in this section, all costs involved and time required to perform Page 27 of 84 these responsibilities shall be considered as having been included in the Contract Sum and in the Construction Manager's schedule for the performance of the Work within the Contract Time, even if the Contract Documents need amending to authorize minor deviations or changes in the Work due to those Underground Facilities including utilities. D. Engineer and Layout 1. The Engineer will provide centerline control points (Begin Project, End Project, PIs, PTs, etc.) and benchmarks at appropriate intervals along the line of the Project to facilitate the proper layout of the Work. Normally, only one benchmark will be furnished for water crossings. The Construction Manager shall preserve all reference points and benchmarks furnished by the Owner. As an exception to the above, for Projects where the Plans do not show a centerline or other survey control line for construction of the Work (e.g. resurfacing, safety modifications, etc.) the Engineer will provide only points marking the beginning and ending of the Project and all exceptions. 2. The Construction Manager shall furnish all stakes, templates and other materials necessary for establishing and maintaining of the lines and grades necessary for control and construction of the Work. 3. Utilizing the control points furnished by the Owner, the Construction Manager shall establish all horizontal and vertical controls necessary to construct the Work in conformance with the Plan and Specifications. The Work shall include performing all calculations required and setting all stakes needed as such as grade stakes, offset stakes, reference point stakes, slope stakes, and other reference marks or points necessary to provide lines and grades for construction of all roadway, bridge and miscellaneous items. When the work includes utility construction to be done by the Construction Manager, it shall also establish all horizontal and vertical controls necessary to carry out such Work. The Engineer may assist in coding of input, arrange for processing by the Owner's computer and furnish computer output; however, Engineer's assistance shall not release Construction Manager from Construction Manager's responsibility. 4. On Projects involving construction of new base, stakes to establish lines and grades for subgrade base, curb and related items shall be set at intervals along the line of the Work no greater than 50 feet on tangents and 25 feet on curves. Grade stakes shall be set at locations directed by the Engineer to facilitate checking of subgrade, base and pavement elevations in crossovers, intersections and irregular shaped areas. For bridge construction stakes and other control, references, shall be set at sufficiently frequent intervals to assure that all components of a structure are constructed in accordance with the lines and grades shown in the Plans. For Projects where the Plans do not show a centerline or other survey control line for construction of the Work Page 28 of 84 (resurfacing, safety modifications, etc.) only such stakes as necessary for horizontal and vertical control of Work items will be required. For resurfacing and resurfacing widening type Projects, the Construction Manager shall establish horizontal controls adequate to assure that the asphalt mix added coincides with the existing pavement. In tangent sections, horizontal control points shall be set at 100-foot intervals by an instrument survey. In curbs, sections, horizontal control points shall be set at 25-foot intervals by locating and referencing the centerline of the existing pavement. The Construction Manager shall reference the beginning and ending of each no passing zone for use during temporary striping operations. The Construction Manager shall establish by an instrument survey and mark on the surface of the finished pavement at 25-foot intervals, points necessary for striping of the finished roadway. As an exception, for resurfacing and resurfacing-widening Projects, these points shall be established in the same manner as used for horizontal control of paving operations. Marks shall be made with white paint. If striping is included in the Work to be done by the Construction Manager, an alternate method for layout of striping may be approved by the Engineer provided that the alignment achieved is equal or better than that which would be achieved using an instrument survey. For Projects with permanent striping by the Construction Manager, the measurement and analysis in order to establish the location and length of no-passing zones shall be accomplished by approved electronic methods consisting of a minimum of two distance-measuring devices. For all Projects, a station identification stake shall be set at each right-of-way line at 100-foot intervals and at all locations where a change in right-of-way width occurs. Each of these stakes shall be marked with painted numerals, of sufficient size to be readable from the roadway, corresponding to the Project station at which it is located. As an exception to the above, for Projects where Plans do not show right-of-way lines, station identification stakes shall be set at locations and intervals appropriate to the type of Work being done. For resurfacing and resurfacing- widening Projects, station identification stakes shall be set at 200-foot intervals. 16. Maintenance of Traffic A. Construction Manager shall be responsible for the proper maintenance control and detour of traffic in the area of construction, during the course of construction. All traffic control and maintenance procedures shall be in accordance with the requirements of either the Florida Department of Transportation, City of Ocoee, or the local municipality, within their respective area of jurisdiction. It shall be the Construction Manager's responsibility, prior to submitting its GMP Amendment, to determine the requirements of these agencies so that its Proposal reflects all costs to be incurred. No claims for any increase to the GMP will be considered for costs incurred in the proper maintenance, control, detour and protection. B. Traffic shall be maintained at all times where practical, and as more particularly Page 29 of 84 specified hereinafter. No traffic shall be detoured without prior knowledge and approval of the respective traffic control agency having jurisdiction. The Construction Manager shall notify such agencies 48 hours in advance of such time it proposes to detour such traffic. 17. Fencing On all Work which included fencing and where the ENGINEER determines it to be necessary for maintaining the security of adjacent property, or for protection of pedestrians who are likely to gain access to the Work from adjacent property, the CONTRACTOR shall erect appropriate temporary security fence as a first order of business. Temporary fencing shall be installed at temporary construction easement areas on all commercial and residential properties appropriate to secure the Work area and protect persons and domestic animals. At all times, the CONTRACTOR shall conduct the Work under secure temporary fencing. Permanent fencing shall be addressed as required by the Plans and Specifications. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 Owner's Information The Owner shall identify its requirements for the project. 3.2 Owner's Representative The Owner shall designate in writing any additional representatives authorized to act on the Owners behalf with respect to the Project, not previously defined in Article 1.3, together with the scope of his/her respective authority. In no event shall any delegation of authority be contrary to State or County laws or codes. Such designations as of the date hereof are set forth on Exhibit "F" hereto. Functions that this Agreement provides will be performed by the Owner can be delegated by the Owner only by written notice to the Construction Manager from the Owner. Exhibit "F" may be amended from time to time by the Owner pursuant to written notice of and acceptance by the Construction Manager of such amendment. The Construction Manager shall be entitled to rely on directions(and it shall be required to follow directions) from the Owner's Representative designated on Exhibit "F" or an amendment to Exhibit "F" within the authority conferred by the Owner in this Agreement or any Amendment or Change Order to this Agreement. Owner hereby authorize the Owner's Representative to: (1) act as the Owner's agent and execute documents associated with this Project. Examples of these documents are Construction Manager's Contingency Authorizations, Notices of Commencement, Certificates of Substantial Completion and permits from applicable agencies; (2) administer, coordinate, interpret and otherwise manage the contractual provisions and requirements of this Agreement; (3) negotiate a duly authorized Change Order on behalf of the Owner; and (4) issue a duly authorized purchase order, memorandum, letter or other instrument Page 30 of 84 covering the services and work to be provided pursuant to this Agreement. Directions and decisions made by Owner's Representatives shall be binding on the Owner. The Owner's Representative does not have the authority to authorize work beyond the scope of the GMP. The Owner additionally authorizes the City Manager, in conjunction with the Owner's Representative, to authorize changes in the work up to the limits designated in the City of Ocoee Purchasing Code. Said work shall be funded from the Owner's Contingency and shall not cause an increase to the overall project budget. Any changes above the City's Purchasing Code limits will need City Commission approval. 3.3 Engineer's Agreement The Owner has retained an Engineer for design and to prepare construction documents for the Project. The Engineer's services, duties and responsibilities are described in the Agreement between the Owner and the Engineer, a copy of which will be furnished to the Construction Manager. The Agreement between the Owner and the Engineer shall not be modified without written notification to the Construction Manager. 3.4 (Intentionally omitted.) 3.5 Drawings and Specifications The Construction Manager will be furnished a reproducible set of all copies of Drawings and Specifications reasonably necessary and ready for printing. 3.6 Cost of Surveys & Reports The services, information, surveys and reports required by the above paragraphs shall be furnished with reasonable promptness in accordance with the approved schedule at the Owner's expense, and the Construction Manager shall be entitled to rely upon the accuracy and completeness thereof. 3.7 Project Fault Defects If the Owner becomes aware of any fault or defect in the Project or non-conformance with the drawings and specifications, Owner shall give prompt written notice thereof to the Construction Manager and Engineer. 3.8 (Intentionally omitted.) Page 31 of 84 3.9 Lines of Communication The Owner and the Engineer, through the Owner, shall communicate with the subcontractors or suppliers only through the Construction Manager so long as such method of communication is effective in maintaining project schedules and quality. 3.10 Permitting& Code Inspections The Owner recognizes and coordinates with the appropriate Permitting Authority and expects the Construction Manager to do the same. ARTICLE 4 PERMITS,FEES AND NOTICES 4.1 Unless otherwise provided in the Contract Documents, the Construction Manager shall secure and pay for the permits, which are customarily secured by a General Contractor in performing site work, utility, and roadway construction. 4.2 The Construction Manager shall comply with and give notices, as required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 4.3 It is not the Construction Manager's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, Building Codes and Rules and Regulations. However, if the Construction Manager observes that portions of the Contract Documents are at variance therewith, the Construction Manager shall promptly notify the Engineer and Owner in writing, and necessary changes shall be accomplished by appropriate modification. 4.4 If the Construction Manager performs Work knowing it to be contrary to laws, statutes, ordinances, Building Codes and Rules and Regulations without such notice to the Engineer and Owner, the Construction Manager shall assume full responsibility for such Work and shall bear the attributable costs. 4.5 Cost for all re-inspections of work performed by the Construction Manager found defective and subsequently repaired, shall be borne by the Construction Manager, unless such cost is not a result of negligence on the part of the Construction Manager. Page 32 of 84 ARTICLE 5 SUBCONTRACTS 5.1 Definition A subcontractor is a person or organization who has a direct contract with the Construction Manager to perform any of the work at the site. Nothing contained in the Contract Documents shall create any contractual relation between the Owner or Engineer and any subcontractor. 5.2 Proposals Subject to Article 9 and, in accordance with Article 2.8(4), the Construction Manager shall request and receive proposals from subcontractors and suppliers and will award those contracts to the qualified low bidders after Construction Manager and the Owner have reviewed each proposal and are satisfied that the subcontractor/supplier is qualified to perform the work. 5.2.1 Required Subcontractors' Qualifications and Subcontract Conditions: I. Subcontractual Relations - The Construction Manager shall require each Subcontractor to assume all the obligations and responsibilities which the Construction Manager owes the Owner under the Agreement, to the extent of the work to be performed by the subcontractor. The subcontracts shall be made in writing and shall preserve and protect the rights of the Owner and Engineer under the Contract Documents with respect to the Work to be performed by the subcontractor so that the subcontracting thereof will not prejudice such rights. Where appropriate, the Construction Manager shall require each subcontractor to enter into similar agreements with its sub- subcontractor. 2. Insurance requirements for subcontractors shall be no more stringent than those requirements imposed on the Construction Manager by the Owner. 3. The Construction Manager shall make available to each proposed Subcontractor, prior to the execution of the Subcontract, copies of the Contract Documents to which the Subcontractor will be bound by this Article 5. 5.2.2 All subcontracts shall provide: 1. LIMITATION OF REMEDY-NO DAMAGES FOR DELAY The subcontractor's exclusive remedy for delays in the performance of the subcontract caused by events beyond its control, including delays claimed to be caused by the Owner or Engineer or attributable to the Owner or Engineer and including claims based on breach of contract or negligence, shall be an extension of its contract time and shall in no way involve any monetary claim. 2. In the event of a change in the work, the subcontractor's claim for adjustments Page 33 of 84 in the contract sum are limited exclusively to its negotiated costs for such changes plus no more than 15%for overhead, profit and bond costs. 3. The subcontract shall require the subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the work and thus eliminate any other remedies for claims for increase in the contract price,damages, losses or additional compensation. 4. Each subcontract shall require that any claims by the subcontractor for delay or additional cost must be submitted to the Construction Manager within the time and in the manner in which the Construction Manager must submit such claims to the Owner, and that failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims. 5. Each subcontract shall require the Owner to be added as an additional insured on the subcontractor's general liability policy for the project. 5.3 Responsibilities for Acts and Omissions The Construction Manager shall be responsible to the Owner for the acts and omissions of its employees, agents, subcontractors, their agents and employees, and all other persons performing any of the work or supplying materials under a contract to the Construction Manager. ARTICLE 6 SCHEDULE,TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 6.1 Time is of the essence of the performance of this Agreement. At the time a Guaranteed Maximum Price (GMP) is established as provided for in Article 7, a project substantial completion date, a project final completion date and an Owner Utilization date for completion of the project in accordance with the master project schedule, shall also be established by the Construction Team. The Construction Manager agrees to complete the construction in accordance with the agreed upon substantial completion date, final completion date and Owner Utilization date. The Construction Manager acknowledges that failure to complete the project within the construction time set forth in the approved schedule will result in substantial damages to the Owner. Construction Manager hereby expressly waives and relinquishes any right which it may have to seek to characterize the liquidated damages, set out in this paragraph 6.1 below, as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Construction Manager fails to achieve Substantial Completion or Final Inspection within the Contract Time. Further, the parties acknowledge that it would be extremely difficult, if not impossible, to ascertain Owner's actual damages with any degree of certainty in the event Construction Manager fails to achieve either Substantial Completion or Final Inspection within the Contract Time. In the event the Construction Manager does not achieve Substantial Completion within the Contract Time, including approved extensions, the Construction Manager shall pay Page 34 of 84 the Owner, as liquidated damages and not as a penalty, the sum of $2,811 per day for each calendar day the actual time of performance exceeds the authorized Contract Time before substantial completion based on FDOT amounts. Liquidated damages shall be $702 per day from Substantial Completion to final completion based on 'A of the substantial completion liquidated damages amount. The most important scheduled event to occur during the period of construction is the annual Founders' Day Celebration, generally set for the first weekend of November. No work will be permitted during the week prior to Founder's Day. Any project element begun before the Founders' Day week must be completed prior to the work stoppage, as it will not be possible to leave work in progress during the week of work stoppage due to the large crowds expected. Liquidated damages in the amount of$1,500 per day will be imposed on any work not conforming to this requirement. No additional mobilization/ demobilization charges will be allowed for the Founders' Day shutdown. Any such costs must be included in the Base Bid Item for Mobilization/Demobilization. The Celebration is an annual event and the week long work stoppage must be incorporated into the CMR schedule for subsequent years. 6.2 The date of Owner Utilization shall occur as described in Article 2.8(12) herein above. Warranties called for by this Agreement or by the Drawings and Specifications shall commence on the Date of Substantial Completion, unless otherwise agreed to, in writing, between the Owner and Construction Manager. ARTICLE 7 GUARANTEED MAXIMUM PRICE FOR CONSTRUCTION 7.1 When the design documents are sufficiently complete to establish the scope of work for the project or any portion thereof, as generally defined by a design document listing to be provided by the Engineer and Construction Manager upon execution of this Agreement, which is to be used only as a guide in developing for the Owner's approval, the specifications and plan data necessary to establish a Guaranteed Maximum Price; or at such time thereafter designated by the Owner; the Construction Manager will establish and submit in writing to the Owner, for its approval a Guaranteed Maximum Price, guaranteeing the maximum price to the Owner for the construction cost of the project or designated part thereof and the Construction Manager's Fee. The Construction Manager acknowledges multiple GMPs may be required for the portions of the project to support the project phasing and schedule. Such Guaranteed Maximum Price will be subject to modification for changes in the project as provided in Article 10. However, the actual price paid for the work by the Owner shall be the actual cost of all work subcontracts, supply contracts, direct labor costs, direct supervision costs, and direct job costs as defined under Article 9, plus the Construction Manager's fees; or the GMP; whichever is less when the work is complete. Costs which would cause the GMP to be exceeded will Page 35 of 84 be paid by the Construction Manager without reimbursement by the Owner. All savings • will be returned to Owner. 7.2 The. 7.3 At the time of submission of a Guaranteed Maximum Price, the Construction Manager will verify the time schedule for activities and work, which were adopted by the Construction Team and used to determine the Construction Manager's cost of work. Included in the GMP will be a Construction Contingency, which is included for the parties to use, with the Owner's consent. The contingency is intended to cover the costs associated with project scope that were not adequately detailed at the time of GMP. The contingency is also intended to protect against price increases between the submission of the GMP and the completion of the 100% construction documents, as well as for the purpose of defraying expenses due to unforeseen circumstances relating to construction, and for price increases attributable to any code compliance reviews. The Construction Manager will be required to furnish documentation evidencing expenditures charged to this contingency prior to the release of funds by the Owner. Documentation for use of the Contingency shall be determined by the Construction Team, shall be included in the Project Manual, and must be displayed monthly in the PMIS. The Engineer shall verify the actual costs. 7.4 When the project is bid and 100% of the Trade Contracts have been executed, the contingency within the GMP may be decreased in proportion to the percent of the work completed up to a maximum of 50%. In other words, if 10% of the work has been completed and the Owner requests that the contingency within the GMP be adjusted,then 10% of the contingency within the GMP will be removed from the GMP by change order up to a maximum of 50%of the initial GMP contingency value. During the buyout period of Trade Contracts, at a point mutually agreed upon between the Owner and Construction Manager, the net amount of the buyout will be reviewed. If the net amount of the total buyout results in excess funds being required, those funds will be taken from the Construction Contingency. If the net amount of the buyout results in a savings, the savings will be assigned to the Owner's Buyout Contingency as defined in Article 7.5 If bids are not received for a portion of the work at or below the applicable line item amount in the GMP, the Construction Manager reserves the right to perform that portion of the work or negotiate for its performance for the specified line item lump sum amount or less. 7.5 The Owner's Buyout Contingency shall be created by savings generated by Subcontractor buyout (Article 7.4) and also by reductions in scope that otherwise could reduce the GMP. The intent of this Owner's Buyout Contingency is to allow funds already within the Page 36 of 84 GMP to remain in the GMP and be used at the Owner's discretion for scope issues that may be required or desired during the course of the project. Authorizations to spend down the Owner's Buyout Contingency will be granted the City Manager up to the limits designated in the City of Ocoee Purchasing Code. Authorizations to spend down more than the limits designated in the City's Purchasing Code must be granted the City Commission. 7.6 All items that may be requested by Owner, comprising the Construction Manager's General Conditions for the project, include: a) costs, including transportation and storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers, that are provided by the Construction Manager at the site and fully consumed in the performance of the Work; and cost (less salvage value) of such items if not fully consumed, whether sold to others or retained by the Construction Manager. Cost for items previously used by the Construction Manager shall mean fair market value; b) costs of document reproduction including bid sets, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office; c) that portion of the reasonable expenses of the Construction Manager's personnel incurred while in discharge of duties directly connected with the Work; the Construction Manager's allowed burden percentage multiplied on the personnel's weekly salary shall be no more than 45%; d) that portion of insurance and bond premiums that can be directly attributed to this Agreement for Construction. Premiums shall be net of trade discounts, volume discounts, dividends and other adjustments; e) sales, use or similar taxes imposed by a governmental authority and paid by the Construction Manager,and directly related to the Work; 0 fees and assessments for the building permit and for other permits, licenses and inspections for which the Construction Manager is required by the Agreement for Construction to pay; g) data processing costs directly related to the Work; however, these costs shall not include any hardware, software, or CADD costs unless approved by the Owner in writing; Page 37 of 84 h) expenses incurred in accordance with the Construction Manager's standard personnel policy for relocation and temporary living allowances of personnel required for the Work, if approved by the Owner; i) the cost of obtaining and using all utility services required for the Work; j) the cost of crossing or protecting any public utility, if required, and as directed by the Owner; k) all reasonable costs and expenditures necessary for the operation of the site office, such as stationary, supplies, blueprinting, furniture, fixtures, office equipment and field computer services and hardware, provided that quantity and rates are subject to Owner's prior written approval; I) the cost of secure off-site storage space or facilities approved in advance by Owner; m) rental charges for temporary facilities, and for machinery, equipment, and tools not customarily owned by construction workers; however any rental charge shall not exceed the purchase price of such facilities, machinery, equipment or tools; and; n) other expenses or charges properly incurred and paid in the prosecution of the Work, with the prior written approval of the Owner. ARTICLE 8 CONSTRUCTION MANAGER'S COMPENSATION In consideration of the performance of this Agreement, the Owner agrees to pay the Construction Manager as compensation for its services, costs or fees, as set forth in Article 8.1(1)and 8.1(2) as follows. I. Design Phase/Pre-construction - For the performance of the Preconstruction services set forth under Articles 2.3, 2.4, 2.6, 2.7 and for profit and overhead related to these services, the Construction Manager shall be paid a not to exceed fixed fee of $00,000.00 for the Utility Improvements and $00,000.00 for the Stormwater and Streetscape Improvements. The Design Phase/Pre-construction Costs shall be paid according to the percent complete of the design phase. The Construction Manager's personnel to be assigned during this phase and their duties and responsibilities to this project and the duration of their assignments are shown on Exhibit "E". 2. Construction Phase — For the Construction Manager's performance of the Construction Phase Work, the Owner shall pay Construction Manager the Contract Sum. The Contract Sum is the Cost of the Work as defined in Article 9 plus the Page 38 of 84 Construction Manager's Fee. The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, as it may be amended by Change Order. To the extent the Cost of the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. The Construction Manager's Fee for Construction Phase Work shall be based upon a percentage of the Cost of the Work. The Construction Manager's Fee shall be deemed compensation for all of Construction Manager's overhead,profit and general expenses of any kind, except as may be expressly included as a Cost of the Work as defined by Article 9, for services provided during and related to the construction phase. The percentages to be used to determine the Construction Manager's fee shall be as follows: a. up to $5,000,000 5.75%fee b. $5,000,000 - $6,000,000 5.50%fee c. $6,000,001 and above 5.25%fee The fee shall be paid proportionally to the ratio of the cost of the work in place, including stored materials (see Article 12.5), as it bears on the latest estimate of the total construction cost or the GMP, whichever is less. The balance of the fee shall be paid when construction of the project is finally completed and utilization of the project is accepted by the Owner. If construction is authorized only for a part of the project, the fee paid shall be proportionate to the amount of work authorized by the Owner. ARTICLE 9 COST OF THE WORK FOR CONSTRUCTION PHASE SERVICES 9.1 Costs to Be Reimbursed 9.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in Sections 9.1 through 9.7. 9.1.2 Where any cost is subject to the Owner's prior approval,the Construction Manager shall obtain this approval prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing Guaranteed Maximum Price Amendment. Page 39 of 84 9.2 Labor Costs 9.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner's prior approval, at off-site workshops. 9.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner's prior approval. 9.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. 9.2.4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 9.2.1 through 9.2.3. 9.2.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor,with the Owner's prior written approval. 9.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. 9.4 Costs of Materials and Equipment Incorporated in the Completed Construction 9.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. 9.4.2 Costs of materials described in the preceding Section 9.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work or, at the Owner's option, shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. 9.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items 9.5.1 Costs of transportation, storage, installation,maintenance,dismantling and removal of materials, supplies,temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies,temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it Page 40 of 84 is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. 9.5.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and costs of transportation, installation, minor repairs,dismantling and removal. The total rental cost of any Construction Manager-owned item may not exceed the purchase price of any comparable item. Rates of Construction Manager-owned equipment and quantities of equipment shall be subject to the Owner's prior approval. 9.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. 9.5.4 Costs of document reproductions, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. 9.5.5 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. 9.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior written approval. 9.6 Miscellaneous Costs 9.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Self-insurance for either full or partial amounts of the coverages required by the Contract Documents,with the Owner's prior approval. 9.6.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the Construction Manager is liable. 9.6.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Construction Manager is required by the Contract Documents to pay. 9.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded, and which do not fall Within the scope of Section 9.7.3. 9.6.5 Royalties and license fees paid for the use of a particular design,process or product required by the Contract Documents;the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents; and payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent. However, such costs of legal defenses,judgments and settlements shall not be included in the calculation of the Construction Manager's Fee or subject to the Guaranteed Maximum Price. Page 41 of 84 9.6.6 Costs for electronic equipment and software, directly related to the Work with the Owner's prior written approval. 9.6.7 Deposits lost for causes other than the Construction Manager's negligence or failure to • fulfill a specific responsibility in the Contract Documents. 9.6.9 Subject to the Owner's prior approval, expenses incurred in accordance with the Construction Manager's standard written personnel policy for relocation and temporary living allowances of the Construction Manager's personnel required for the Work. 9.7 Other Costs and Emergencies 9.7.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the Owner. 9.7.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property. 9.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others. 9.8 Costs Not To Be Reimbursed 9.8.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Section 9.2, or as may be provided in Article 11; .2 Expenses of the Construction Manager's principal office and offices other than the site office; .3 Overhead and general expenses, except as may be expressly included in Sections 9.1 to 9.7; .4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work; .5 Except as provided in Section 9.7.3 of this Agreement, costs due to the negligence or failure of the Construction Manager, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; .6 Any cost not specifically and expressly described in Sections 9.1 to 9.7; .7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; and .8 Costs for services incurred during the Preconstruction Phase. Page 42 of 84 9.9 Discounts,Rebates and Refunds 9.9.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if(I)before making the payment, the Construction Manager included them in an Application for Payment and received payment from the Owner,or(2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. 9.9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 9.9.1 shall be credited to the Owner as a deduction from the Cost of the Work. 9.10 Related Party Transactions 9.10.1 For purposes of Section 9.10,the term`related party" shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the Construction Manager; any entity in which any stockholder in, or management employee of,the Construction Manager owns any interest in excess of ten percent in the aggregate; or any person or entity which has the right to control the business or affairs of the Construction Manager. The term "related party" includes any member of the immediate family of any person identified above. 9.10.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction,then the cost incurred shall be included as a cost to be reimbursed, and the Construction Manager shall procure the Work, equipment, goods or service from the related party, as a Subcontractor, according to the terms of this Agreement. If the Owner fails to authorize the transaction,the Construction Manager shall procure the Work, equipment, goods or service from some person or entity other than a related party according to the terms of this Agreement. 9.11 Accounting Records The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager's records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The Construction Manager shall preserve these records for a period of ten (10) years after final payment, or for such longer period as may be required by law. Page 43 of 84 ARTICLE 10 CHANGE IN THE PROJECT 10.1 Change Orders The Owner, without invalidating this Agreement, may order Changes in the Project within the general scope of this Agreement consisting of additions, deletions or other revisions, with the OMP and the Construction Completion Date being adjusted accordingly. All changes in the Project, not covered by an authorized contingency, shall be authorized by a Change Order signed by the Owner before the change is implemented. Construction Manager's claims for additional time shall be accompanied by detailed dates, correspondences, notices and other data to prove the claim as required by Article 16. 1. A Change Order is a written order to the Construction Manager signed by the Owner issued after the execution of this Agreement, authorizing a Change in the Project, the Construction Manager's fee, or the Construction Completion date. Each adjustment in the GMP resulting from a change order shall clearly separate the amount attributable to the Cost of the Work. A change order must be in writing. No course of conduct, verbal discussions or dealings between the parties can be a basis for any claim to change the GMP or contract time. 2. The increase or decrease in the Guaranteed Maximum Price resulting from a change in the Project shall be determined in one or more of the following ways: (Should any costs be required for design of an Alternative System that would be advantageous to the project and result in a deductive change order, the Construction Manager shall include the cost of the redesign services of the Engineer so that the Owner can make proper assessment of the cost of such change. Payment for additional services shall be made by the Owner.) a. by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by the Engineer and Owner; b. by unit prices stated in the Agreement or subsequently agreed upon; c. by cost as defined in Article 9 and a mutually acceptable fixed or percentage fee; or; d. by the method provided in Subparagraph 10.3 3. If none of the methods set forth in Clause 10.2 is agreed upon, the Construction Manager, provided Construction Manager receives a written order signed by the Owner, shall promptly proceed with the Work involved. The cost of such Work shall then be determined on the basis of the reasonable expenditures and savings of those Page 44 of 84 performing the Work attributed to the change. However, in the event a Change Order is issued under these conditions, the Construction Manager shall establish an estimated cost of the work and the Construction Manager shall not perform any work whose cost exceeds that estimate without prior written approval by the Owner. In such case, and also under Article 10.2 above, the Construction Manager shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data of the increase in the Cost of the Work as outlined in Article 9. The amount of decrease in the Guaranteed Maximum Price to be allowed by the Construction Manager to the Owner for any deletion or change which results in a net decrease in cost will be the amount of the actual net decrease. 4. Should concealed conditions encountered in the performance of the Work below the surface of the ground, which are either at material variance with the conditions indicated by the Drawings, Specifications, or Owner furnished information or at material variance with those conditions ordinarily found to exist in geographic area in which the Project is located, then the Guaranteed Maximum Price and the Construction Completion date shall be equitably adjusted by Change Order upon Construction Manager's adherence to the claim procedures outlined in Article 16 of this Agreement . No adjustments in Contract Time or GMP will be allowed to the extent the concealed or unknown condition should have been reasonably discovered by Construction Manager during pre-construction or pre-proposal review. The only exception to the prohibition of adjustments to time or GMP will be where organic soils on the site when encountered differ significantly, greater or less, than the quantities estimated in providing the GMP. The Construction Manager will propose the methodology and assumptions employed to establish the quantity of materials with the GMP submission; however such methodology and assumptions must be approved by the Owner. In the event the Construction Manager encounters organic soil conditions significantly ("significant" to be determined at GMP) different from its interpretation of the geotechnical reports which is materially at variance with the quantities derived through the application of Construction Manager's methodology and assumptions, as approved by the Owner, the Construction Manager must immediately notify the Owner, and the Owner will consider mitigation strategies, which may involve adjustments in contract time or GMP. 5. In the event the Construction Manager encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, petroleum waste, biohazardous substances, radioactive waste or any other substance falling within the category of hazardous or toxic waste under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or any other state or federal environmental statute or regulation, hereinafter collectively referred to as "hazardous waste," the Construction Manager shall immediately stop Work in the area affected and report the condition to the Owner in writing. Owner shall thereafter as soon as reasonably possible conduct a thorough investigation to determine if the suspected material in the affected area is in fact hazardous waste and shall certify to Construction Manager that such material is Page 45 of 84 not hazardous waste or if such material is in fact hazardous waste that such hazardous waste has been abated and that it is safe to return to the affected area and resume work. The Construction Manager may require the Owner to furnish copies of reports of tests conducted by a qualified testing laboratory acceptable to Construction Manager verifying the absence of such hazardous waste before Construction Manager will be required to resume work. The Contract time and amount shall thereafter be equitably adjusted to account for the time lost due to the encountering of the hazardous waste and the reasonable cost associated therewith pursuant to the procedures for changes orders. The Construction Manager shall, through an analysis of network schedule, have the burden to prove the need for such time delays and associated costs. 6. The Construction Manager shall not be required to perform any work relating to hazardous waste without consent pursuant to the changes clause herein. 7. (Intentionally omitted.) 10.2 Claims for Additional Cost or Time All claims for additional cost or time shall be made by request for a change order submitted as provided in Article 16. As used in this subparagraph, "cost" shall mean the estimated or actual net increase or decrease in cost to the Construction Manager, subcontractor, or sub-subcontractor for performing the work covered by the change, including actual payments for materials, equipment rentals, expendable items, wages and associated benefits to workmen and to supervisors employed full time at the site, insurance bonds and other provable direct costs, but not including any administrative, accounting, or other indirect or overhead costs, or any wages or benefits of supervisory personnel not assigned full time to the site, or any amount of profit or fee to the Construction Manager, subcontractor or sub- subcontractor. If the Construction Manager is delayed at any time in the progress of the work by any act or neglect of the Owner or the Engineer or of any employee of either or by any separate Construction Manager employed by the Owner or by any changes ordered in the work by labor disputes, fire, or unusual delay in transportation, unavoidable casualties or any causes beyond the Construction Manager's control or by delay authorized by the Owner pending resolution of disputes,and such delay extends the completion date, then the dates for completion may be equitably adjusted. Only delays which are determined to extend the critical path for the schedule for constructing the project will result in a time extension. Neither the Owner nor the Construction Manager shall be considered to own the schedule float time. Page 46 of 84 • 10.3 Minor Changes in the Project The Owner will have authority to order minor changes in the Project not involving an adjustment in the Guaranteed Maximum Price or an extension of the Construction Completion Date and not inconsistent with the intent of the Drawings and Specifications. Such changes shall be effected by written order. The Documentation of changes shall be determined by the Construction Team, included in the Project Manual and displayed monthly in the PMIS. Changes shall be approved by the Owner and Engineer. 10.4 Emergencies In any emergency affecting the safety of persons or property, the Construction Manager shall act at its discretion to prevent threatened damage, injury or loss. Any increase in the Guaranteed Maximum Price, or extension of time claimed by the Construction Manager on account of emergency work, shall be determined as provided in Article 10. ARTICLE 11 DISCOUNTS 11.1 All discounts for prompt payment shall accrue to the Owner to the extent the Cost of the Work is paid directly by the Owner or from a fund made available by the Owner to the Construction Manager for such payments. To the extent the Cost of the Work is paid with funds of the Construction Manager, all cash discounts shall accrue to the Construction Manager. All trade discounts, rebates and refunds, and all returns from the sale of surplus materials and equipment, shall be credited to the Cost of the Work. ARTICLE 12 PAYMENTS TO THE CONSTRUCTION MANAGER 12.1 Monthly Statements The Construction Manager shall submit to the Owner a sworn statement, along with the cost reports required under Article 2.5(2) & (3), showing in detail all moneys paid out, cost accumulated or costs incurred on account of the Cost of the Work during the previous period and the amount of the Construction Manager's fees due as provided in Article 8. This data shall be attached to the Partial Pay Request Form shown in Exhibit "G". Ten percent (10%) retainage shall be held on all payments until the contract is fifty percent (50%) complete; except, when approved by the Owner, certain suppliers and subcontractors may be paid the entire amount due when such payment is generally the practice of the industry. At 50% completion, the Owner may approve a reduction of the retainage from 10% to 5% at its discretion. Payments by the Owner to the Construction Manager shall be made as described in Article 12.4 hereinafter. As a condition to the application for the monthly partial pay requisition, the Construction Manager agrees that Page 47 of 84 all as-built information will be recorded within 30 days after receipt of information that a change to the Construction Documents has occurred. 12.2 Final Payment Final payment constituting the unpaid balance of the Cost of the Work and the Construction Manager's fee, shall be due and payable as described in Article 12.4 after Final Completion, provided that the Project be then finally completed, that the Construction Manager has verified by its signature that it has completed all items specified on the attached Exhibit "H" and that this Agreement has been finally performed. However, if there should remain work to be completed, the Construction Manager, the Owner, and the Engineer shall list those items prior to receiving final payment and the Owner may retain a sum equal to 200% of the estimated cost of completing any unfinished work and portion of the Construction Manager's retainage, provided that said unfinished items are listed separately and the estimated cost of completing any unfinished items are likewise listed separately. Thereafter, Owner shall pay to Construction Manager, monthly, the amount retained for each incomplete item after each of said items is completed. 12.3 Payments to Subcontractors The Construction Manager shall promptly, within 10 days after receipt of payment from the Owner, pay all the amount due to subcontractors less a retainage of ten percent (10%) until the project is fifty percent (50%) complete, and based on Construction Manager's evaluation of the subcontractor's acceptable performance, the Owner may approve a reduction in retainage from 10%to 5% thereafter. If there should remain items to be completed, the Construction Manager, the Owner and Engineer shall list those items required for completion and the Construction Manager shall require the retainage of a sum equal to 200% of the estimated cost of completing any unfinished items, provided that said unfinished items are listed separately and the estimated cost of completing any unfinished items likewise listed separately. Thereafter, the Construction Manager shall pay to the subcontractors, monthly, the amount retained for each incomplete item after each of said items is completed. Before issuance of final payment without any retainage, the subcontractor shall submit satisfactory evidence that all payrolls, material bills and other indebtedness connected with the Project have been paid or otherwise satisfied, warranty information is complete, as-built markups have been submitted and instruction for the Owner's operating and maintenance personnel is complete. Final payment may be made to certain select subcontractors whose work is satisfactorily completed prior to the total completion of the Project but only upon approval of the Owner. 12.4 Construction Manager's Payment Rights Page 48 of 84 Payment for construction services shall be governed and in accordance with Florida Prompt Payment Act Statute 218.735, Timely Payment for Purchases of Construction Services. 12.5 Payments for Materials and Equipment Payments will be made for material and equipment not incorporated in the work but delivered and suitably stored at the site or another location that is insured to protect the Owner's assets subject to prior written approval and acceptance by the Owner on each occasion. 12.6 Withholding Payments To Subcontractors The Construction Manager shall not withhold payments to subcontractors if such payments have been made to- the Construction Manager. Should this occur, the Construction Manager shall return such moneys to the Owners, adjusting pay requests and project bookkeeping as required. However, this provision shall not apply should payments to Subcontractors be withheld as a result of procuring normal process paperwork in accordance with the Construction Managers contract with said Subcontractor. The Construction Manager shall, if requested by the Owner, notify the Owner in writing as to the reason for withholding payment. ARTICLE 13 INSURANCE,INDEMNITY AND WAIVER OF SUBROGATION 13.1 Indemnity The Construction Manager agrees to indemnify and hold the Owner and its agents and employees harmless from all claims of liability, damages, losses and costs, including but not limited to reasonable attorney's fees, to the extent that they are caused by the negligence, recklessness, or intentional wrongful misconduct of the Construction • Manager or persons employed or utilized by the Construction Manager in the performance of this Agreement. 13.2 Construction Manager's Insurance 1. The Construction Manager shall not commence any construction work in connection with this Agreement until it has obtained all of the following types of insurance and such insurance, naming the City of Ocoee as additional insured, and has been approved by the Owner, nor shall the Construction Manager allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been so obtained and approved. All insurance policies shall be with insurers qualified and doing business in Florida with an A.M. Best& Company rating of no less than A. Page 49 of 84 2. Worker's Compensation Insurance - The Construction Manager shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all its employees connected with the work of this Project and, in case any work is sublet, the Construction Manager shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Construction Manager. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the Construction Manager shall provide adequate insurance, satisfactory to the Owner, for the protection of employees not otherwise protected. Employers' liability shall be set at $1,000,000/1,000,000/1,000,000. 3. Construction Manager's Public Liability and Property Damage Insurance - The Construction Manager shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect him from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement, whether such operations are by himself or by anyone directly or indirectly employed by him, and the amount of such insurance shall be minimum limits as follows: a. Construction Manager's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit b. Automobile Liability Coverages, $1,000,000 Each Bodily Injury & Property Damage Occurrence, Combined Single Limit c. Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit Insurance clause for both Bodily Injury and Property Damage shall be amended to provide coverage on an occurrence basis. The Products and Completed operations portions of the General Liability and Excess Liability policies shall extend for a period of ten (10) years after the Final Acceptance of the Project by the Owner. 4. Subcontractor's Public Liability and Property Damage Insurance - the Construction Manager shall require each of its subcontractors to procure and maintain during the life of the subcontract, insurance of the type specified above or insure the activities of its subcontractors in its policy,as specified above. 5. (Intentionally omitted.) 6. "XCU" (Explosion. Collapse, Underground Damage) - The Construction Manager's Liability Policy shall provide "XCU" coverage for those classifications in which they are excluded. 7. Broad Form Property Damage Coverage, Products & Completed Operations Page 50 of 84 Coverages - The Construction Manager's Liability Policy shall include Broad Form Property Damage Coverage, Products and Completed Operations Coverages. 8. Contractual Liability Work Contracts - The Construction Manager's Liability Policy shall include Contractual Liability Coverage designed to protect the Construction Manager for contractual liabilities assumed by the Construction Manager in the performance of this Agreement. 9. Indemnification Rider a. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Construction Manager, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or'for the Construction Manager or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. b. The obligations of the Construction Manager under this Article 13.2.9 shall not extend to the liability of Engineer, its agents or employees, arising out of(I) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instruction by Engineer, its agents or employees, providing such giving or failure to give is the primary cause of the injury or damage. c. e 13.2(9). 10. Builder's Risk Coverage - The Construction Manager shall take out and maintain during the life of this Agreement a "Builder's Risk Policy" completed value form, issued to provide coverages on an "all risk" basis including theft. This coverage shall not be lapsed or canceled because of partial utilization by the Owner prior to final acceptance of the Project. The Owner may elect to take out and maintain this insurance coverage. Should the Owner purchase said insurance, the insurance policy shall have a deductible for each occurrence of$5,000.00. The Construction Manager shall be responsible for losses up to the amount of the deductible. 11.Certificate of Insurance - The Owner shall be furnished proof of coverage of Insurance as follows: Certificate of Insurance form and the actual policies (if requested) will be furnished to the Owner. These shall be completed and signed by an authorized Resident Agent. This Certificate shall be dated and show: a. The name of the insured Construction Manager, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, and its termination date. Page 51 of 84 b. Statement that the Insurer will mail notice to the Owner and a copy to the Engineer at least fifteen (15)days prior to any material changes in provisions or cancellation of the policy. c. Certificate of Insurance shall be in the form as approved by Insurance Standards Office(ISO) and such Certificate shall clearly state all the coverages required in this Section commencing at 13.2 and ending with 13.3(4). 12. Owner is to be named as an Additional Insured under all policies except for Worker's Comp. 13. The insurance evidenced by the certificate shall be primary and non-contributory to any other insurance of the certificate holder. 13.3 Waiver of Subrogation 1. The Owner and the Construction Manager waive all rights against each other, for damages caused by perils covered by insurance provided under Article 13.2 to the extent they are covered by such insurance except such rights as they may have to the proceeds of such insurance held by the Owner and Construction Manager as trustees. The Construction Manager shall require similar waivers from all subcontractors and their sub-subcontractors. 2. The Owner and Construction Manager waive all rights against each other for loss or damage to any equipment used in connection with the Project and covered by any property insurance. The Construction Manager shall require similar waivers from all subcontractors and their sub-subcontractors. 3. The Owner waives subrogation against the Construction Manager on all property and consequential loss policies carried by the Owner on adjacent properties and under property and consequential loss policies purchased for the Project after its completion. 4. If the policies of insurance referred to in this Article require an endorsement to provide for continued coverage where there is a waiver of subrogation,the Owner of such policies will cause them to be so endorsed. Failure to obtain proper endorsement nullifies the waiver of subrogation. 13.4 Insurance as Additional Remedy Compliance with the insurance requirements of this Agreement shall not limit the liability of the Construction Manager, its subcontractors, sub-subcontractors, material suppliers, employees, or agents to the Owner or others. Any remedy provided to the Owner, or the Owner's officers, employees, agents or assigns, by the insurance shall be in addition to and not in lieu of any other remedy available under the Agreement or otherwise. 13.5 No Waiver by Aooroval/Disaporoval Page 52 of 84 Neither approval by the Owner nor failure to disapprove the insurance furnished by the Construction Manager shall relieve the Construction Manager of its full responsibility to provide the insurance as required by this Agreement. ARTICLE 14 TERMINATION OF THE AGREEMENT AND OWNER'S RIGHT TO PERFORM CONSTRUCTION MANAGER'S OBLIGATION 14.1 Suspension by the Construction Manager If the Project is stopped for a period of thirty (30) days under an order of any court or other public authority having jurisdiction or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Construction Manager, or if the Project should be stopped for a period of sixty (60) days by the Construction Manager for the Owner's failure to make payments thereon, then the Construction Manager may submit a Claim pursuant to Article 16 for an equitable adjustment to the Project Schedule as well as to the GMP for mobilization and re-mobilization costs. 14.2 Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause The Owner may terminate this Agreement for any of the following reasons: 1. If the Construction Manager is adjudged as bankrupt, or if it makes a general assignment for the benefit of its creditors, or if a receiver is appointed on account of its insolvency, or if it persistently or repeatedly refuses or fails, except in case for which extension of time is provided, to supply enough properly skilled workmen or proper materials and fails to maintain an established schedule (failure to maintain schedule shall be defined as any activity on the critical path that falls 45 days or more behind schedule) which has been adopted by the Construction Team, or if it fails to make prompt payment to subcontractors for materials or labor, or persistently disregards laws, rules, ordinances, regulations, or orders of any public authority having jurisdiction, or otherwise materially breaches this Agreement. 2. The Owner may, without prejudice to any right or remedy and after giving the Construction Manager and its surety, seven (7) days written notice, during which period Construction Manager fails to cure the violation, terminate the employment of the Construction Manager and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Construction Manager, accept assignment of the subcontracts, and may finish the Project by whatever method Owner may deem expedient In such case, the Construction Manager shall not be entitled to receive any further Page 53 of 84 payment until the Project is finished nor shall it be relieved from its obligations assumed under Article 7. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager. In the event the costs for completing the Work, including compensation for any Engineer services and expenses, exceed the unpaid balance of the Contract Sum, the Construction Manager shall pay the difference to the Owner. This obligation for payment shall survive termination of this Agreement. However, no such notice is required of the Owner if the furnishing of such notice would be futile. 14.3 Termination by Owner for its Convenience 1. The Owner may, at any time, terminate or suspend this Agreement in whole or in part for the Owner's convenience and without cause. Owner will not incur liability for the issuance of a stop work order. 2. Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Construction Manager shall: a. Cease operations as directed by the Owner in the notice; b. Take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and c. Terminate all existing subcontracts and purchase orders and not enter into further subcontracts and purchase orders, except for Work directed to be performed prior to the effective date of termination stated in the notice. 3. In case of such termination for the Owner's convenience, the Construction Manager shall be entitled to receive payment for any non-deficient Work executed up to the date of said termination. ARTICLE 15 ASSIGNMENT AND GOVERNING LAW 15.1 Neither the Owner nor the Construction Manager shall assign its interest in this Agreement without the written consent of the other except as to the assignment of proceeds. 15.2 This Agreement shall be governed by the Laws of the State of Florida. Venue shall lie exclusively in Orange County, or federal court in Orlando, Florida. The parties waive all rights to trial by jury. ARTICLE 16 NOTICE OF CLAIM: WAIVER OF REMEDIES Page 54 of 84 16.1 The Owner's liability to the Construction Manager for any claims arising out of or related to the subject matter of this Agreement, whether in contract or tort, including, but not limited to, claims for extension of construction time; for payment by the Owner of the costs, damages or losses because of changed conditions under which the work is to be performed; or for additional work; shall be governed by the following provisions: 1. All claims must be submitted as a Request for Change Order in the manner as provided herein; 2. The Construction Manager must submit a Notice of Claim to Owner within 20 days of the Construction Manager becoming aware of the occurrence, or the event, giving rise to the claim; and 3. Within 10 days of submitting its Notice of Claim, the Construction Manager shall submit to the Owner its Request for Change Order, which shall include a written statement of all the details of the claim, including a description of the work affected. The Construction Manager agrees that the Owner shall not be liable for any claim that the Construction Manager fails to submit as a Request for Change Order as provided in this paragraph. 16.2 After receipt of a Request for Change Order, the Owner, in consultation with the Engineer, shall deliver to the Construction Manager its written determination of the claim. The City Manager has authority to execute changes orders up to the limits designated in the City of Ocoee Purchasing Code. Above said limits, the City Commission must authorize the change order. 16.3 For work the Construction Manager performs with its own forces, and in addition to the adjustments provided for in Article 8, the Construction Manager's exclusive remedy for delays in performance of the construction caused by events beyond its control, including delays claimed to be caused by or attributable to the Owner or the Engineer, including claims based on breach of contract or negligence, shall be a claim submitted in compliance with Article 16.1 above, for an extension of the scheduled construction time. In the event of a change in such work, the Construction Manager's claims for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus 5%for overhead and profit. The Construction Manager expressly agrees that the foregoing constitutes its sole and exclusive remedy for delays and changes in such work, and eliminates any other remedies for claim, for increase in the contract price, delays, changes in the work, damages, losses or additional compensation. 16.4 In the event the Construction Manager's work on the Project is delayed, the Construction Manager's sole and exclusive remedy is an extension of the construction completion date regardless of whether delay is caused by any act or neglect of the Owner, Engineer, or is attributable to the Owner or Engineer. Page 55 of 84 ARTICLE 17 DISPUTES 17.1 Harmony The Construction Manager is advised and hereby agrees that he will exert every reasonable and diligent effort to assure that all labor employed by the Construction Manager and his Subcontractors for work on the project shall work in harmony with and be compatible with all other labor being used by building and construction contractors now or hereafter on the site of the project. The Construction Manager further agrees that this provision will be included in all subcontracts of the Subcontractors as well as the Construction Manager's own contract; provided, however, that this provision shall not be interpreted or enforced so as to deny or abridge, on account of membership or non-membership in any labor union or labor organization, the right of any person to work as guaranteed by Article 1, Section 6 of the Florida Constitution. 17.2 Dispute Resolution 1. All claims, disputes and other matters in question (hereinafter referred to as a "Controversy") between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof shall be initially submitted to mediation by a mediator mutually acceptable to both parties. Otherwise, if the parties cannot agree on a mediator, mediation shall be in accordance with the Construction Mediation Rules of the American Arbitration Association ("AAA"). Construction Manager shall require pre-suit mediation in all of its subcontracts for this Project. 2. Should either the Owner or the Construction Manager feel it necessary and appropriate to take any legal action to enforce any of the terms or conditions of this Agreement between said parties, then each party shall be responsible for its own attorney's fees and costs associated with such litigation. ARTICLE 18 (Intentionally omitted.) ARTICLE 19 PUBLIC RECORDS 19.1 The Construction Manager must comply with public records laws, specifically to: This paragraph will survive termination of this Agreement. Page 56 of 84 The City of Ocoee (City) is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida's Public Records Law. Specifically, the Contractor shall: I. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City's custodian of public records,provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the contract, Contractor agrees to transfer at no cost to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public record to the City upon completion of the contract,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. 5. A Contractor who fails to provide the public records to City within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407-905-3100, EXTENSION 1022, CCDL@ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 150 NORTH LAKESHORE DRIVE, OCOEE, FLORIDA 34761. ARTICLE 20 ACCOUNTING RECORDS AND AUDIT 20.1 The Construction Manager shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Agreement; the accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's accountants or other duly authorized representatives or agents shall be afforded access to the Construction Manager's records, books, correspondence, Page 57 of 84 instructions, Drawings, receipts, subcontracts, purchase orders, vouchers, memoranda, and other data relating to this Project for audit purposes, and the Construction Manager shall preserve these records, documents and data for a period of ten (10) years after final payment, or for such longer period as may be required by law. The Construction Manager shall require all of its subcontractors likewise to retain such records, documents and data. If the Construction Manager receives notification of a dispute or the commencement of litigation regarding the Project within this four-year period, the Construction Manager shall continue to maintain all Project records until final resolution of the dispute or litigation. 20.2 Upon seven calendar days' written notice, from the date of this Agreement to the last date described in the preceding Article 20.1, the Construction Manager shall make its records available during normal business hours to the Owner or its authorized representative(s). Owner and its authorized representative(s) shall be entitled to inspect, examine, review and copy the Construction Manager's records at the Owner's reasonable expense, within adequate work space at the Construction Manager's facilities. Such rights to inspect, examine, review and copy shall extend to the records and documentation of subcontractors. Failure by the Construction Manager to supply substantiating records shall be reason to exclude the related costs from amounts which might otherwise be payable by the Owner to the Construction Manager pursuant to this Agreement. 20.3 If at any time, Owner conducts an audit of Construction Manager's records and documentation and finds that Construction Manager overcharged Owner, Construction Manager shall pay to Owner the Overcharged Amount which is defined as the total aggregate overcharged amount together with interest thereon (such interest to be established at the rate of 12% per annum). If the Overcharged Amount is equal to or greater than $10,000.00, Construction Manager shall pay to Owner the Overcharged Amount and the Audit Amount which is defined as the total aggregate of Owner's reasonable audit costs incurred as a result of its audit of Construction Manager. Owner may recover the Overcharged Amount and the Audit Amount, as applicable, from any amount due or owing Construction Manager with regard to the Project or under any other agreement between Construction Manager and Owner. If such amounts owed Construction Manager are insufficient to cover the Overcharged Amount and Audit Amount,as applicable,then Construction Manager hereby acknowledges and agrees that it shall pay such remaining amounts to Owner within seven (7) business days of its receipt of Owner's invoice for such remaining amounts. In no event shall the Overcharged Amount or the Audit Amount be deemed a reimbursable Cost of the Work. 20.4 This Article, "Accounting Records and Audit," including all access, inspection, copying, auditing, reimbursement and repayment rights shall survive the termination of this Agreement. ARTICLE 21 MISCELLANEOUS Page 58 of 84 21.1 Limitation of Liability. The Owner shall be liable only to the extent of its interest in the Project, and no officer, director, partner, agent or employee of the Owner shall ever be personally or individually liable with respect to this Agreement or the Work. Any subcontract entered into by the Construction Manager shall include the forgoing limitation, which shall be effective in the event the Owner ever succeeds to the Construction Manager's rights and obligations under a subcontract. 21.2 Unless the context of this Agreement otherwise clearly requires, references to the plural include the singular, references to the singular include the plural, the term "including" is not limiting, and the terms "hereof', "herein", "hereunder", and similar terms in the Contract Documents refer to the Contract Documents as a whole and not to any particular provision thereof, unless stated otherwise. 21.3 Gender. Unless the context clearly indicates to the contrary, pronouns having a neuter, masculine or feminine gender shall be deemed to include the others. 21.4 Entire Agreement. This Agreement and the Construction Documents incorporated herein by reference constitute the entire Agreement between the parties with respect to the matters covered by this Agreement. All prior negotiations, representations and agreements not incorporated in this Agreement are cancelled. This Agreement can be modified or amended only by a written document duly executed by the parties or their duly appointed representative. 21.5 Binding Effect. Each and all of the covenants, terms, provisions and agreements contained in this Agreement shall be binding upon and inure to the benefits of the parties and their respective assigns, successors, subsidiaries, affiliates, holding companies and legal representatives, as allowed in this Agreement. 21.6 Notices. All notices shall be in writing, and may be served by (a) depositing the same in the United States mail addressed to the party to be notified, postpaid, and registered or certified with return receipt requested, (b) by delivering the same in person to such party, (i) personal delivery, or (ii) overnight courier, or (c) by facsimile transmission provided that a copy is sent on the same day, by 5 p.m., by either of the methods described in(a) or (b). Notice deposited in the mail shall be deemed to have been given on the third day next following the date postmarked on the envelope containing such notice, or when actually received, whichever is earlier. Notice given in any manner shall be effective only if and when received by the party to be notified. All notices to be given to the parties shall be sent to or delivered at the addresses or facsimile numbers set forth below: If to Owner: CITY OF OCOEE Public Works Director 150 North Lakeshore Drive Ocoee, FL 34761 Page 59 of 84 Telephone: 407-905-3170 CITY OF OCOEE Purchasing Agent 150 North Lakeshore Drive Ocoee, FL 34761 Telephone: 407-905-3100 ext. 1516 Construction Manager: TBD By giving the other party at least 15 days written notice, each party shall have the right to change its address and specify as its new address any other address in the United States of America. 21.7 Waiver. No consent or waiver, express or implied, by either party to this Agreement to or of any breach or default by another in the performance of any obligations shall be deemed or construed to be consent or waiver to or of any other breach or default by that party. Except as otherwise provided in this Agreement, failure on the part of any party to complain of any act or failure to act by another party or to declare the other party in default, irrespective of how long such failure continues, shall not constitute a waiver of the rights of that party. 21.8 Captions. The headings used for the various portions of this Agreement and the Construction Documents are inserted only as a matter of convenience, and for reference, and in no way define, limit or describe the scope or the intent of this Agreement, any section of this Agreement, or any section of the Contract Documents. 21.9 Severability. In the event the provisions of this Agreement are determined by a Court of competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be excised from this Agreement, and the remainder of this Agreement shall continue in full force and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will materially and adversely affect the rights of a party, such party may elect, at its option,to terminate this Agreement in its entirety. 21.10 Cumulative Remedies. All rights, powers, remedies, benefits, and privileges are available under any provision of this Agreement to any party, is in addition to and cumulative of any and all rights, powers, remedies, benefits and privileges available to such party under all other provisions of this Agreement, at law or in equity. 21.11 Approval. Whenever any review or approval is required by any party, such party agrees that such review or approval will be promptly and expeditiously prosecuted to conclusion. 21.12 Further Assurances. The parties agree to execute any and all further instruments and documents, and take all such action as may be reasonably required by any party to effectuate the terms and provisions of this Agreement and the transactions contemplated in this Agreement. Page 60 of 84 21.13 No Partnership or Joint Venture. It is understood and agreed that nothing contained in this Agreement shall be deemed or construed as creating a partnership or joint venture between the parties or any third party, or cause any party to be responsible in any way for the debts and obligations of the other party. 21.14 No Construction Against Drafter. Each of the parties have been represented by legal counsel who have had ample opportunity to, and have, participated in the drafting of this Agreement. Therefore, this Agreement shall not be construed more favorably or unfavorably against any party. 21.15 Third Party Beneficiary. This Agreement has been made and entered into for the sole protection and benefit of the Owner, and its respective successors, and no other person or entity shall have any right or action under this Agreement. 21.16 Force Majeure. With regard to the performance under this Agreement, a party shall not be deemed to be in default of this Agreement, or have failed to comply with any term or conditions if, for reasons beyond the parties reasonable control, including without limitation acts of God, natural disaster, labor unrest, war, declared or undeclared, the existence of injunctions or requirements for obtaining licenses, easements, permits or other compliance with applicable laws, rules and regulations, such performance is not reasonably possible within such time periods, then the time for such performance shall be extended until removal of such reasons beyond the parties reasonable control, provided that the party commences such performance as soon as reasonably possible and diligently pursues such performance. 21.17 Right to Enter this Agreement. Each party warrants and represents, with respect to itself, that neither the execution of this Agreement nor the performance of its obligations under this Agreement shall violate any legal requirement, result in or constitute a breach or default under any indenture, contract, or other commitment or restriction to which it is a party or by which it is bound. Each party also warrants and represents, with respect to itself, that the execution of this Agreement and the performances and obligations under this Agreement shall not require any consent, vote, or approval which has not been obtained, or at the appropriate time shall not have been given or obtained. Each party agrees that it has or will continue to have throughout the term of this Agreement the full right and authority to enter into this Agreement and to perform its obligation under this Agreement. Upon written request, each party agrees to supply the other party with evidence of its full right and authority. 21.18 Public Entity Crime Information Statement and Department.—Section 287.133(2)(a)of the Florida Statutes states: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." Page 61 of 84 By signing this Agreement, Construction Manager certifies,to the best of its knowledge and belief,that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by a federal department or agency. b) Have not, within a five-year period preceding the issuance of RFQ #1702 been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. c) Are not presently indicted or otherwise criminally charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in the preceding paragraph (b). d) Have not within a five-year period preceding the issuance of RFQ #1702 had one or more public transactions (federal, state or local) terminated for cause or default. Construction Manager agrees to notify Owner within 30 days after the occurrence of any of the events, actions, debarments, proposals, declarations, exclusions, convictions, judgments, indictments, informations, or terminations as described in paragraphs (a) — (d)above,with respect to Construction Manager or its principals. 21.19 No Waiver of Sovereign Immunity. Nothing herein is intended to serve as a waiver of sovereign immunity by any agency or political subdivision to which sovereign immunity may be applicable. 21.20 Non-Discrimination. The parties shall not discriminate against any employee or participant in the performance of the duties, responsibilities and obligations under this agreement because of race, color, religion, gender, age, marital status, disability, political or religious beliefs, national or ethnic origin. 21.21 Harmony. The Construction Manager is advised and hereby agrees that it will exert every reasonable and diligent effort to assure that all labor employed by the Construction Manager and its Subcontractors for work on the project shall work in harmony with and be compatible with all other labor being used by building and construction contractors now or hereafter on the site of the project. The Construction Manager further agrees that this provision will be included in all subcontracts of the Subcontractors as well as the Construction Manager's own contract; provided, however, that this provision shall not be interpreted or enforced so as to deny or abridge, on account of membership or non-membership in any labor union or labor organization, the right of any person to work as guaranteed by Article 1, Section 6 of the Florida Constitution. Page 62 of 84 21.22 Construction Manager's Project Records. The Construction Manager's Project Records shall be maintained as prescribed herein above for the minimum period required by State and Federal Law, and shall be made available to the Owner or its authorized representative at mutually convenient times. 21.23 Consequential Damages. The parties mutually waive all claims for consequential damages, except to the extent paid for by insurance maintained for this project or for liquidated damages otherwise recoverable by the Owner and allowed by this Agreement. SIGNATURE PAGE TO FOLLOW Page 63 of 84 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. CONSTRUCTION MANAGER BY: PRINT NAME: TITLE: WITNESSES: NAME: NAME: • TITLE: TITLE: OWNER: CITY OF OCOEE,FLORIDA ATTEST: APPROVED: BY: BY: Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY CITY OF OCOEE THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY on , under Agenda hem this_day of ,20I7 SHUFFIELD,LOWMAN&WILSON,P.A. BY: Scott A.Cookson,City Attorney END OF SECTION Page 64 of 84 EXHIBIT A SAMPLE -To Be Completed Per Project Assignment Construction Team Representatives Owner City of Ocoee, City Commission City Manager Robert D. Frank Owner's Representative Steve Krug, Public Works Director Engineer Barnes, Ferland and Associates, Inc. (A.K.A. BFA) Willie E. Thomas, P.E., Project Managing Principal Brindley Pieters and Associates, Inc. (AKA. BPA) Oscar Bermudez, P.E., Project Civil Engineer Principal Thomas A. Smith, P.E., Project Managing Principal Construction Manager TBD. Page 65 of 84 EXHIBIT B SAMPLE: To Be Completed per Project Assignment Construction Manager's Personnel During Construction Phase (TO BE COMPLETED AT FINAL GMP) Name Title Duration(Months) Percentage Off-Site Staff On-Site Staff Page 66 of 84 EXHIBIT C SAMPLE: To Be Completed per Project Assignment CERTIFICATE OF SUBSTANTIAL COMPLETION Project: Construction Manager at Risk for Bluford Avenue Reconstruction RFQ No. 1702 CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To Owner And To Contractor The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on (Date of Substantial Completion). A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. When this Certificate applies to a specified part of the Work the items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 67 of 84 The date of Substantial Completion is the date upon which all guarantees and warranties begin, except as follows: The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities and insurance shall be as follows: RESPONSIBILITIES: OWNER CONTRACTOR The following documents are attached to and made a part of this Certificate: Page 68 of 84 Executed by OWNER on , 20 (OWNER) By The CONTRACTOR accepts this Certificate of Substantial Completion on: , 20_ (Contractor) By END OF SECTION Page 69 of 84 EXHIBIT D SAMPLE: To Be Completed per Project Assignment Final Completion Forms CONSTRUCTION MANAGER'S AFFIDAVIT OF CONTRACT COMPLETION OWNER: PROJECT: CONSTRUCTION MANAGER: CONTRACT FOR: CONTRACT DATE: CONTRACT AMOUNT: CONSTRUCTION MANAGER'S AFFIDAVIT I solemnly swear and affirm: That the work under the above-named Contract and all amendments thereto have been completed in accordance with the requirements of said Contract: that except as noted on the attached sheet, all costs incurred for equipment, materials, labor, and services against the Project have been paid; that no liens have been attached against the Project; that no Notices of Non-Payment have been served against the Payment Bond issued for this Project; that, except as noted on the attached sheet, no suits are pending by reason of work on the Project under the Contract; that all Workmen's Compensation claims are covered by Workmen's Compensation insurance as required by law; and that all public liability claims are adequately covered by insurance. CONSTRUCTION MANAGER: (Seal) Title: Date: STATE OF: COUNTY OF: Personally appeared before me this day of 20 , known (or made known)to me to be the of , who, being by me duly sworn, subscribed to the foregoing affidavit in my presence. Notary Public Typed Name: My Commission Expires: Page 70 of 84 EXHIBIT E SAMPLE: To Be Completed per Project Assignment Construction Manager's Staff Positions to be Assigned to the Pre-construction/Design Phases Duration Name Title (Months) Percentage Off-Site Staff On-Site Staff Page 71 of 84 EXHIBIT F SAMPLE: To Be Completed per Project Assignment Owner's Representative(s)and Designee(s) Owner's Representative(s) Public Works Director or other City Manager designee Total Dollar Limit per Occurrence, the City Manager in conjunction with the Owner's Representative(s) is authorized to obligate the Owner: $ (To be determined at Final GMP) Page 72 of 84 EXHIBIT G SAMPLE: To Be Completed per Project Assignment Partial Payment Request Form APPLICATION AND CERTIFICATE FOR PAYMENT FORM Application No. Progress Payment _Final Payment P.O. No.: Contractor: Contract Date: Application Date: For Period Ending City Project Nos.: Project Name: 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 I 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 Date Approved Date Accepted Total Change in Order No. by City by Contractor Contract Price Page 73 of 84 Change Date Approved Date Accepted Total Change in Order No. by City by Contractor Contract Price Total (Write in Line 2,above) (Pay Request Continued on Next Page) Page 74 of 84 Contractor's Certification The undersigned Contractor hereby swears under penalty of perjury that(1)all previous progress payments received from the Owner on account of Work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive (not applicable for first application.); and (2) all materials and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interest and encumbrances; (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective as that term is defined in the Contract Documents. Dated , 20 (Contractor) By: (Name) (Title) COUNTY OF STATE OF Before me on this day of , 20_, personally appeared , known to me, who being duly sworn, deposes and says that (s)he is the of the Contractor above mentioned; that(s) he executed the above Application for Payment and statement on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. Notary Public My Commission Expires Payment shown on Line 13 is recommended by City's Owner's Representative and authorized by the Owner: By: Date: Representative's Authorized Signature By: Date: Owner's Authorized Signature Title Page 75 of 84 EXHIBIT H SAMPLE: To Be Completed per Project Assignment Final Payment Request Check List Items to be submitted with General Contractor's Request for Final Payment I. Pay Request(1 copy with original signatures and original seals,noted as FINAL) 2. Final Schedule of Contract Values 3. Consent of Surety to make Final Payment(signed and sealed) 4. Power of Attorney from Surety for Release of Final Payment (signed, sealed and dated same as Consent of Surety) 5. Affidavit of Contract Completion (Exhibit D) 6. Satisfactory Conclusion or Release of Lien from all Subcontractors or laborers who have filed Intent to Lien or have indicated non-payment from the General Contractor 7. Construction Manager's Guarantee of Construction for one (I) year from the date of Substantial Completion 8. Copy of the approval by the Engineer and the transmittal to the Owner of Manuals, Shop Drawings, As-Builts (2 sets of digital media (Flash Drives), two sets of prints), brochures, warranties, and list of Subcontractors with telephone numbers and addresses 9. Verification that Owner's personnel has been trained in the operation of their new equipment, attendance lists and videos 10. Other special Warranties are required by Specifications in the name of the Owner 11. Copy of Certificate of Completion Page 76 of 84 EXHIBIT I SAMPLE: To Be Completed per Assignment Contract Drawings& Specifications To be completed at Final GMP Page 77 of 84 EXHIBIT J SAMPLE: To Be Completed per Assignment GMP Bid Breakdown To be completed at Final GMP Page 78 of 84 EXHIBIT K SAMPLE: To Be Completed per Assignment Clarifications, Assumptions, Exclusions and Allowances To be completed at Final GMP Page 79 of 84 EXHIBIT L PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that , (hereinafter referred to as "Principal"), and a corporation organized under the laws of the State of and licensed to do business in the State of (hereinafter referred to as "Surety"), and held and firmly bound unto the City of Ocoee, Florida, as Obligee, (hereinafter referred to as "Obligee"), in the Penal Sum of , for the payment of which sum well and truly made, Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated ,entered into a contract, (hereinafter referred to as the "Contract") with Obligee for the construction of RFO #1702 Construction Manager at Risk for Bluford Avenue Reconstruction (hereinafter referred to as the "Project") in accordance with the plans and specifications prepared by , dated ; and NOW,THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT IF Principal shall well and truly perform all the undertakings, covenants, terms, conditions, and agreements of said Contract including, but not limited to, the making of payments to persons or entities providing labor, materials or services to Principal under the Contract, within the time provided therein, and any extensions thereof that may be granted by the Obligee, and also during the life of any warranty or guaranty required under said Contract, and shall also well and truly perform all undertakings, covenants, terms, conditions, and agreements of any and all duly authorized and modifications of said Contract that may hereafter be made, and shall pay, compensate, indemnify and save harmless the said Obligee of and from any and all loss, damage and expense, or from any breach or default by Principal under the Contract, including, but not limited to, liquidated damages, damages caused by delays in performance of the Principal, expenses, cost and attorneys' fees, including appellate proceedings, that Obligee sustains resulting directly or indirectly from failure of the Principal to perform the Work identified by the Contract, then this obligations shall be null and void; otherwise, it shall remain in full force and effect and Surety shall be liable to Obligee under this Performance Bond. The Surety's obligations hereunder shall be direct and immediate and not conditional or contingent upon Obligee's pursuit of its remedies against Principal, and shall remain in full force and effect notwithstanding (I) amendments or modifications to the contract or contract entered into by Obligee and Principal without the Surety's knowledge or consent; (ii) waivers of compliance with or any default under the Contract granted by Obligee to Principal or by Principal to Obligee without the Surety's knowledge or consent; (iii) the discharge of Principal from its obligations under the Contract as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability of Principal or its estate as a result of any such proceedings; or (iv) any other action taken by Obligee or Principal that would, in the absence of this clause, result in the release or discharge by operation of law of the Surety from its obligations hereunder. Page 80 of 84 In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and save the Obligee harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and other legal costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This paragraph shall survive the termination or cancellation of this Performance Bond. The obligations set forth in this paragraph shall not be limited by the Penal Sum of this Bond. Any changes in or under the Contract or the Contract and compliance or noncompliance with any formalities connected with the Contract or the Contract or the changes therein shall not affect Surety's obligations under this bond, and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Penal Sum of this bond shall increase or decrease in accordance with approved changes or modifications to the Contract. The said Principal and the said surety agree that this bond shall inure to the benefit of all persons supplying labor and material in the prosecution of the work provided for in the said subcontract, as well as to the Obligee, and that such persons may maintain independent actions upon this bond in their own names. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their several seals on the day of , 20_, the name and corporate seal of each corporate party being hereto affixed and these presents fully signed by its undersigned representative,pursuant to the authority of its governing body. Signed, sealed and delivered in the presence of: Principal By: (SEAL) (Official Title) Surety By: (SEAL) (Official Title) NOTES: If Principal and Surety are corporations, the respective corporate seal should be affixed and attached. Surety shall execute and attach a certified copy of Power of Attorney Appointing Individual Attorney-In-Fact for execution of Performance Bond on behalf of Surety. END OF SECTION Page 81 of 84 EXHIBIT L Statutory Payment Bond Pursuant to Florida Statutes,255.05,et seq. KNOW ALL MEN BY THESE PRESENTS, THAT (hereinafter called the "Principal"), as Principal, and , a corporation organized and existing under the laws of the State of , hereinafter called the "Surety'), as Surety, are held and firmly bound unto the City of Ocoee, Florida, (hereinafter called the "Obligee"), by bond number in the sum of Dollars and_Cents ($ ), for the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written Contract with the Obligee dated , 20_ to perform, as Contractor, in accordance with the Contract and Contract Documents, which Contract and Contract Documents are hereby incorporated herein by reference. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal promptly makes payments to all claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Principal and the Surety agree that this Bond shall inure to the benefit of all claimants, as defined in Section 255.05 (I), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in said Contract, and that any such claimant may maintain an independent action upon this Bond in its own name. The provisions of Florida Statutes, Section 255.05, et seq. are hereby incorporated herein by reference and made a part of this payment bond including, but not limited to, the notice and time limitation provisions in subsection (2). Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this day of 20_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Page 82 of 84 (Seal) (Principal) By (Name &Title) (Signature) Witness or Secretary's Attestation (Seal) (Surety) By (Name&Title*) (Signature) Witness or Secretary's Attestation *Attach Power-Of-Attorney END OF SECTION Page 83 of 84 EXHIBIT M Ocoee Engineering Standards Manual Page 84 of 84