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Item #09 Approval to Award RFQ #1801 Construction Manager at Risk for Lakeshore Center Expansion ‘60_ ocoee florida AGENDA ITEM COVER SHEET Meeting Date: December 19, 2017 Item # 9 Reviewed By: Contact Name: Joyce Tolbert Acting Department14 Director: X40' • Contact Number: 1516 City Manager: /14, Subject: Award of RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Background Summary: The City constructed the Lakeshore Center at its present location and in its current configuration during 2013-14, with dedication occurring on February 6, 2014. The current effective capacity for banquet-style seating is 225 persons. Based on local market demand, the City seeks to expand the banquet capacity to 400+ persons by extending the building to the north. A conceptual plan was developed by the original project designer, Rhodes + Brito, Architects, to explore this potential expansion. The City subsequently retained the firm to develop the construction plans needed to implement the conceptual plan. In addition, the expansion project will address existing issues with the building's lighting control and audiovisual systems. The proposed design effort schedule has a January 25, 2018 milestone date for plan completion. The current design concept has an enlarged pre-function (lobby) area that also serves as a smaller meeting/banquet facility, plus a separate accessory storage building of 2,500 SF for storing outdoor event equipment and housing a linen laundry. In compliance with the Consultants' Competitive Negotiations Act (CCNA), Florida Statutes Section 287.055, et seq., and Florida Statutes Section 255.103, Construction Management or Program Management Entities, et seq., and the policies and procedures of the City of Ocoee (City), the City solicited statements of qualifications from qualified Construction Manager At Risk firms (CMR) to be responsible for construction administration and general contracting services resulting in the successful, timely, and economic completion of the City's Lakeshore Center Expansion Project for the best possible value. Construction management services shall include but not necessarily be limited to: a. Pre-construction Phase services, including design and construction document review and recommendations in collaboration with the project design team; b. Submission of a Guaranteed Maximum Price and Guaranteed Completion Date; c. Construction Phase services, conditioned upon acceptance of the Guaranteed Maximum Price and Guaranteed Completion Date offered by the firm. 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 October 8, 2017 and was publicly opened on November 7, 2017. There were seven (7) responses submitted. The Finance and Support Services Departments reviewed the qualification statements and all were considered responsive, see the attached Checklist. Attached are the three (3) ranked responses; original copies of all responses are available in the Finance Department for your review. The seven (7) responses were evaluated by the RFQ Evaluation Committee appointed by the City Manager, which was comprised of four (4) members: Al Butler, Support Services Director; Jeff Hayes, Parks & Recreation Director; Steve Krug, Public Works Director; and John Miller, Fire Chief. The first public RFQ Evaluation Committee meeting was held on November 28, 2017 with the Evaluation Committee evaluating and short-listing the firms on specific evaluation criteria. The second public RFQ Evaluation Committee meeting was held on December 7, 2017 for the purpose of interviewing the top three (3) ranked firms and finalizing the shortlist for recommendation of award. Please see the attached shortlist/evaluation forms from both meetings. The evaluation committee short-listed the following firms in ranked order, and recommends contracting with the top ranked firm, Collage Design and Construction Group, Inc. dba The Collage Companies, per the attached award recommendation from the Support Services Director. The Table below is the Evaluation Committee's rankings: Rank/Respondent 1. Collage Design and Construction Group, Inc. dba The Collage Companies 2. Charles Perry Partners, Inc. (CPPI) 3. Wharton-Smith, Inc. Responses were also received from A2 Group, Inc.; CORE Construction Services of Florida LLC; Oelrich Construction, Inc.; and W&J Construction Corporation. Issue: Should the City Commission award the Construction Manager at Risk for Lakeshore Center Expansion project to Collage Design and Construction Group, Inc. dba The Collage Companies, as recommended by the Evaluation Committee? Recommendations: Staff recommends that the City Commission award RFQ #1801 Construction Manager at Risk for Lakeshore Center Expansion project to Collage Design and Construction Group, Inc. dba The Collage Companies, and authorize Staff to proceed with contract negotiations with the selected firm for the Pre-Construction Phase. Once the Pre-Construction Phase has been negotiated, the contract and fee will be brought back to the City Commission for approval. Staff will then proceed with negotiations for the Construction Phase, Guaranteed Maximum Price (GMP) and the Guaranteed Completion date of the project, which will also be brought back to the City Commission for approval once the required performance and payment bonds and insurance has been obtained. Per the State of Florida CCNA Act Statute 287.055, if contract negotiations are unsuccessful with the top-ranked firm, staff shall terminate negotiations and initiate negotiations with the next ranked firm, and so on, until an agreement is reached. Attachments: 1. RFQ#1801, including the draft contract 2. Addendum #1 3. Collage Response 4. Collage Interview Handout 5. CPPI Response 2 6. CPPI Interview Handout 7. Wharton-Smith Response 8. Wharton-Smith Interview Handout 9. Evaluation Form/Shortlist for Interviews Meeting #1 10. Evaluation Form/Shortlist for Recommendation of Award Meeting #2 11. RFQ Checklist 12. Award Recommendation from Support Services Director Financial Impact: The 2017 General Fund Bond allocation for the project was $4 million for construction of a second banquet hall seating 400 persons. After the Bond allocations were made, the scope of the project changed to expand the size of the existing banquet facility to 400 seats. The current cost estimate for this reduced scope is $2.5 million; however, the final cost estimate will be substantially determined by the amount of adjacent site work that is included in the project's scope. Type of Item: (please mark with an "x") Public Hearing For 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 3 Tolbert, Joyce From: Butler, Al Sent: Thursday, December 7, 2017 6:26 PM To: Tolbert,Joyce Cc: Shadrix, Craig; Krug, Stephen; Hayes, Jeff; Miller,John; Donald Williams (donald@rbarchitects.com); Ruffin Rhodes (ruffin@rbarchitects.com) Subject: CM at Risk recommendation Joyce, As project manager for the Lakeshore Center Expansion, I hereby endorse and convey the recommendation of the selection committee,which ranked the top-three firms as: 1. Collage Design & Construction Group, Inc. 2. Charles Perry Partners, Inc. 3. Wharton-Smith, Inc. Please prepare and submit the appropriate agenda report and background materials to the City Commission for consideration at their next meeting, December 19, 2017. Following the City Commission's decision,we should immediately enter into negotiations with their top-ranked firm for pre-construction services. Cancellation of the January 2, 2018 City Commission meeting may delay the contract approval to the second meeting in January (01/16/2018); however,there is some consideration being given to having a called meeting to approve the contract before then if we reach a timely agreement. Thanks. Al • 1 Q 0 z � § \ / 0 ) ECOe m co a n w \ § \ \ j $ Ro / / \ _ / \ wa c / { C CC CC f = _ l- l- 1 _ — o < ® 250 I ± ° ° » _ ] < ° ) 2 \ a) $ O f\ \ ( - Qzz s ° = ° ( ee0 o0 = o 0 470 $ a) § LU a) 2 Ce 0 /\ CO m CO 0 cli -2LU oco O CD a) 3 Z▪ ) \ } ) 2 7! o ) k /cp \ \ « E Z §\ oo / 0 {= 0 (73 - - - - k § % ) \ \ \ \ ) & §} 0 I m £vaJLLth1 RFQ#1801 CONSTRUCTION MANAGER AT RISK FOR LAKESHORE CENTER EXPANSION INDIVIDUAL EVALUATION FORM - AFTER INTERVIEWS SHORTLIST OF RESPONDENTS FOR RECOMMENDATION OF AWARD Collage Design and Construction Group, Inc. Charles Perry dba The Collage Evaluation Criteria Partners, Inc. (CPPI) Companies Wharton-Smith, Inc. Overall Expertise of the CMR to provide requested services: Building //� 3 a 3 2 construction of the type anticipated, public facility and entertainment venue 34- construction, general civil construction. (0-35 points) Past performance and experience of 2 8 2.. /7 2 6 the CMR Project Team (0-30 points) Project approach and understanding 16 l 1 5 of the project (0-20 points) Current and projected workload of the 1d 10 I'� CMR (0-10 points) Certified Minority Business Enterprise (0-5 Points) 0 0 0 TOTAL POINTS gra 57 R. 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U m £ 'O 'O N u) >.• � C O C r OmZ ca co oa UO m „ N a r ' Zu 2o Ny -0c C u 22 • Cf) _0 y o CN o C Z iv 0 ru m — C a OCCN W ` O .0 O C O d C d Q [1'0 yC B N R NZ Q O O C Z CI)o o m •o C y a W •oa •c d oo m '- a a v m P3 ,1 o 3 > n' 2icn 0 .CD a)' Uo ”- ya o I 'hi > O C 76 C ) N dM co QF c> p,: Lu N O awU w fn W O O 0 O. do0 W D e w w £vaJwthr3 RFQ#1801 CONSTRUCTION MANAGER AT RISK FOR LAKESHORE CENTER EXPANSION INDIVIDUAL EVALUATION FORM-AFTER INTERVIEWS SHORTLIST OF RESPONDENTS FOR RECOMMENDATION OF AWARD Collage Design and Construction Group, Inc. Charles Perry dba The Collage Evaluation Criteria Partners, Inc. (CPPI) Companies Wharton-Smith, Inc. �tov5ii e 1 `30 65'ket- Overall Expertise of the CMR to } z PL 11{Ips A�� ✓dat tic p ( Ja t provide requested services: Budding construction of the type anticipated, C4)/4-u 9 S raa j'rx P • `` -`77 TO TO'ay.:, r1 public facility and entertainment venue �- s� �'` ``' e• s ��.,"4° construction,general civil construction. 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G » re co / 7 / C 2 \ \ \ ± n n e \ \ o - » E = c 2 2 y = 2 / / \/ / 0 2 ƒ { E 2 © o = o 2 a) 0 0 e C co ƒ \ \ \ \ \ f \ 0 \ / \ 7 z ,_ m r -4- o e » / Electronic Copy BUILDING FOR lEff City of Ocoee RN Construction Manager at Risk YEARS for the Lakeshore Center Expansion FQ #1801, Submittec by The Collage Companies r a` �`L i • j \ t\ % '* 4, 1r.44" ,.1`i it"f**1. , d#l,h, 7. . ih . o � � lai, — �{fj Ih ?:fes I I I ' '''' ' ilit ..,,,, Ti• I III r, it t l�� �,, ► I 11111111111 -____ - (:Ot i STRU CTION / INTEGRATED SERVICES CONSTRUCTION / INTEGRATED SERVICES Construction Manager at Risk for Lakeshore Center Expansion TABLE OF CONTENTS Cover Letter Tab I: CMR's Qualifications List of Key Employees and Team Members 1 Key Team Member's Role in Providing Services 8 Business Licenses 9 Organizational Chart 11 List of Recent Projects 12 Client References 14 Current and Projected Workload 16 Project Approach 17 Summary of Qualifications 21 Tab II: Other Forms Letter of Intent from Collage's Surety Company 22 Conflict of Interest Disclosure Form 24 Confidential Disclosure Agreemet for Public Building 25 Company Information / Signature Sheet 27 Addendum Acknowledgement (Addenda #1) 28 Minority Business Enterprise Status 29 Summary of Litgation 30 :: COLLAGE CONSTRUCTION • INTEGRATED SERVICES November 7, 2017 DESIGN BUILDERS GENERAL CONTRACTORS Ms. Joyce Tolbert, CPPB, Purchasing Agent CONSTRUCTION MANAGERS City of Ocoee Finance Department/Purchasing Ccmm#t dOu't 150 N. Lakeshore Drive Ocoee, Florida 34761 Ref: Request for Qualifications #1801 Construction Manager at Risk for Lakeshore Center Expansion Ms. Tolbert, The Lakeshore Center provides the residents of Ocoee and its surrounding areas with an established venue well-suited to a variety of events and celebrations. The center is unique in its diverse range of offerings, from an open outdoor space, to a formal banquet hall and historic house for more intimate gatherings. The need to expand the facilities is a testament to the value the community of Ocoee places on the facility. With this in mind, Collage has prepared this qualifications package with enthusiasm and dedication to partnering with the city to stimulate continual growth, both for the Lakeshore Center and the downtown area as a whole. Collage is well-versed in constructing and expanding community spaces. Our mission is to build projects that strengthen the foundation and fabric of our community, with our recent project history including facilities such as the West Orlando Baptist Church, Pioneers Fletcher Center, Northland Church, and Harbor House. We just completed the Varsity Club at Camping World Stadium, a newly-renovated corporate and social event venue in Downtown Orlando. Our team brings significant benefit to the City of Ocoee in our recent THE COLLAGE COMPANIES and relevant experience upgrading, expanding, and enhancing existing event centers and Corporate Office community spaces throughout Central Florida. 585 Technology Park Lake Mary,Florida 3746 Our similar experience is combined with an understanding of your intended program, P407.829.2257 anticipated design, and need for a partner with the ability to provide seamless integration F 407.829.2258 of pre-construction and construction phase services. Each of these components are vital in developing the most effective plan for construction. We have also worked previously with www.collage-usa.com your designer, Rhodes + Brito Architects, providing for open lines of communication and collaboration. CG CO20818 TI-E MOST INFORMED CONSTRUCTION SERVICES COMPANY' This qualifications package has been prepared in a concise manner to demonstrate that DESIGN BUILDERS Collage's merits exceed your evaluation criteria requirements. A summary of our GENERAL CONTRACTORS qualifications can be found below. CONSTRUCTION MANAGERS ■ Overall Expertise: Collage's 35-year history provides the city a CMR with Coma.-tte d to Quaky tremendous relevant experience. We have built, expanded, and renovated multiple projects with similar building types to the Lakeshore Center, including public entertainment venue projects. ■ Performance and Experience of the CMR Team: We have assigned a team of seasoned professionals with similar project experience. Our team includes individuals who live and work in West Orange County, who have successfully Y completed multiple building projects in Ocoee, and who bring a proven commitment to this community. • Project Approach and Understanding: Collage has prepared a detailed CMR approach to provide the City with substantive pre-construction services and effective management of the entire construction process. Our plan for execution of the project has been developed from our thorough understanding of requirements of this project, the Lakeshore Center site, and the City of Ocoee as a whole. • Capacity, Capability, and Availability: We bring the corporate capacity, local capability, and available resources necessary for this project. Collage is committed to the success of this project, from design-pre-construction through construction and beyond. We truly appreciate the opportunity to present the following qualifications demonstrating THE COLLAGE COMPANIES that Collage is the right firm for the proper planning, coordination, and construction of CDFpua,leOft ice this project. G85 Technology Park Lake Mary.Flonda 32746 Sincerely, P 407,629.2257 TH COLLAGE COMPANIES---�`- F407.829.2256 J�� a i) \. A A.■ '\/ 1 / v www.collage-usa.com ob Maphis • Vice President of Operations, COO CG CO20818 v 1 SIE MO:i1 INFORMED CONSTRUC.IION Si RVICES COMPANY' 1 Construction Manager at Risk for Lakeshore Center Expansion • CMR'S QUALIFICATIONS "My belief is that our company List of Key Employees and Team Members needs to earn and maintain your.trust. We can do that by Key Employees our commitment to unique The Collage Companies (Collage) was founded in 1982 by Brian Walsh, solutions, integrity, excellent DBIA, LEED AP: BD+C, and he has directed our activities since. Brian's service and an unequaled focus has always been on quality, innovation, and good stewardship, attention to detail." with building gathering centers and places that improve the fabric of the community as his specialty. In addition to Brian, Collage's key employees - Brian Walsh include Rob Maphis, Vice President of Operations/COO and Stephen Collage President & CEO Pinyot, Senior Vice President. All three principals will be involved with this project; their resumes and additional qualifications can be found below with our project team information. Project Team The Collage team assists and advises our clients throughout pre-design, design, construction, commissioning move in, and beyond. We have decades of experience working in partnership with clients in a Construction Management at Risk (CMR) capacity, employing a flexible and fluid process allowing all stakeholders to focus on the priorities of the project's success from the onset. Our proposed team understands the need to look at the Lakeshore Center Expansion from the City of Ocoee's perspective, working together to achieve your purpose, meet your requirements, and exceed your expectations. Mark Brooks, our proposed Superintendent, Snowden Hernandez, .,; proposed Project Manager, and Dawn Beske, Contract Administrator, recently worked together on the Varsity Club at Camping World Stadium L' for Florida Citrus Sports, a facility dedicated to increasing community spirit, promoting tourism, and stimulating economic development. Together, they oversaw the selective demolition and renovation of the Varsity Club room, lobby, breezeway, restrooms, offices, staff break room, Varsity Club at Camping and kitchen. World Stadium On the following pages, please find resumes and qualifications for key team members. 1 Imo CMR's Qualifications Rob Maphis, LEED AP: BD+C Vice President & COO £r,r p PROFILE: Rob is a lifelong Floridian and has been engaged in the business of building throughout the State for over 25 years. He lives in West Orange County and has built projects in Ocoee. As Collage's Vice t- -, President of Operations and Chief Operating Officer, Rob oversees the company's operations and supports business development, ROLE ON PROJECT: pre-construction, construction, and post-construction services Project Principal / Operations for a variety of projects types including commercial, institutional, Manager governmental, and private markets. LICENSES & QUALIFICATIONS: Rob will be directly involved in every phase of pre-construction and • 25 years of experience construction. • Florida Certified General Contractor CGC1509216 RELEVANT PROJECT HISTORY: • LEED AP BD+C, U.S. Green Building Council • Ocoee Middle School, Ocoee • Board Member, DBPR • Varsity Club at Camping World Stadium, Orlando Construction Licensing Board • FDOT Regional Transportation Management Center, Sanford • Immediate Past Chairman, • FDOT Multimodal Transportation Facility, Kissimmee West Orange Chamber of • FAU Medical Building, Boca Raton Commerce • Dr. Phillips High School, Orlando • Green Globes Professional • City Arts Factory, Orlando • U.S. Army Corps of Engineers • Key Biscayne Civic Center, Key Biscayne Certified, Construction • Shepherd's Hope Medical Facility (in design), Winter Garden Quality Management for • West Orange Chamber of Commerce (in design), Winter Contractors Garden • FDEP Qualified Stormwater • Wolf Lake Elementary School and Middle School, Apopka Management Inspector RECENT AWARDS: t,.,'''',:,. , " 1 • University of Florida School of Construction Management 2077 Distinguished Alumnus ,. �, „ oil • WOCC Sam Hovsepian Award Winner, 2008 r ;JO H li 4 ;1i0 itli , s . -rc , Ocoee Middle School - The State of Florida's first and only demonstration school 2 ■■ ri'S ( 111111 Mark Brooks Project Superintendent PROFILE: Mark's diverse career experience provides him with a unique perspective in working with owners, engineers, architects, and subcontractors. With a career spanning nearly four decades, Brooks has been a masonry subcontractor, a business owner, a certified general contractor, and a project superintendent. Well-versed ROLE ON PROJECT: in estimating, he brings a full understanding of time, labor and Superintendent material management from the start to completion. His strength is project management, and he excels in completing jobs on time, LICENSES & QUALIFICATIONS: under budget, and above expectations. • 36 years of experience Mark will be the Construction Superintendent and will be • FL Certified Building responsible for supervising and managing all on-site activities Contractor on a daily basis. He will interact with all subcontractors and • 30-Hour OSHA Certification suppliers and oversee all daily reports, delivery of materials, two- Qualified Stormwater week look ahead schedules, specific task schedules, site utilization, • Management Inspector site storage and staging. He will also provide supervision and monitoring of all construction and installation activities, ensuring • Stormwater, Erosion, and adherence to project quality assurance, project specifications, start Sedimentatidn Control up, commissioning, and punch list activities. Training, FDEP • FDOT Maintenance of Traffic RELEVANT PROJECT HISTORY: Advanced Certification • Varsity Club at Camping World Stadium, Orlando • Heartsaver CPR Certification; • Kings Ridge Adult Community Clubhouse, Clermont Firstrst Aid • Wyndham Hotel, International Drive, Orlando • Florida Medical Blue, Winter Park • Trader Joe's, Winter Park • Trader Joe's, Orlando • Slate Restaurant, Orlando • FDOT Multi-Modal Transportation Facility Parking Garage, Kissimmee r Varsity Club at Camping World Stadium 7�Z..+� : - . I. 3 CMR's Qualifications . .., PINY STEVE T PINYOT Vice President of Pre-Construction PROFILE: In 1982, Steve began his construction career as a Field Engineer. He joined The Collage Companies in 1995 and currently serves as a Senior Vice President and Pre-Construction Manager. Steve has worked on numerous community venue and renovation projects throughout Florida, and will be heavily involved in pre-construction ROLE ON PROJECT: services and estimating. • Vice President of Pre Construction RELEVANT PROJECT HISTORY: • River of Life Center, Ocoee LICENSES & QUALIFICATIONS: • West Orlando Baptist Church, Ocoee • 35 years of experience • AmeriSuites Hotel, Kissimmee • FL Certified General • Calypso Cay Vacation Club, Kissimmee Contractor CGC046469 • Country Inn & Suites Hotel, Kissimmee • Bachelor of Science, 1982 • Crossland Economy Suites Hotel, Plantation • Port St. Lucie City Hall Improvements, Port. St. Lucie • Daytona Beach Airport Homeland Security, Daytona Beach • LYNX Central Station, Downtown Orlando & Operations Base, Orlando • University Science Center, Orlando • Bethune-Cookman College Bronson Hall Dormitory, Business Hospitality Building, & White Hall, Daytona Beach • �Y �`" '� Forest Lake Academy Library, Altamonte Springs p , �_ ,•p ~r °"� ' ' ''� Northland, "A Church Distributed" Sanctuary & Elementary � o .� Education, Longwood i ► �%:„fit • University of North Florida Fine Arts Complex,Jacksonville '1 � two � �� fr ei ;;i • UCF Downtown Academic Center, Orlando � . � >, ' ,f° The Gathering Place, Sanford F pA �/ as',. + ;% • 1, • Shepherd's Hope Medical Facility (in design), Winter Garden X j 1 �� Y . , ,'IWest Orange Chamber of Commerce (in design), Winter Garden Calypso Vacation Club, Orlando • Harbor House, Orlando 4 MI CMR's Qualifications Snowden Hernandez-Linares Senior Project Manager PROFILE: Snowden has vast experience in the construction industry. He has served as a Project Manager for collage for the past decade, bringing valuable knowledge in design project management and construction administration. He specializes in major public buildings, including schools, libraries, airports, hospitals, tand ROLE ON PROJECT: churches with construction values up to $50 million dollars. Project Manager Snowden is well-versed in negotiating subcontract agreements and purchase orders, scheduling, and quality control for the most LICENSES & QUALIFICATIONS: complex of projects. • 28 years of experience As Project Manager, Snowden will be responsible for all • Bachelors in Civil Engineering communication between the project staff and the Collage • South Dakota School of team. He will direct pre-construction and regular job site meetings, Mines and Technology oversee final negotiation with subcontractors and establishment FL Certified General of CPM Construction Schedule, and manage the project through • Contractor completion of the final closeout. RELEVANT PROJECT HISTORY: • Florida Citrus Sports Varsity Club, Orlando • Teen Challenge Student Life Center, Sanford • Willow Creek Church, Winter Springs • Northland, "A Church Distributed" Children's Worship Wing, Longwood • Orangewood Christian High School, Maitland . • Seminole County Juvenile Justice Center, Sanford ii, �,.:, • Christian Home & Bible School, Mount Dora ink, . 0 •J „ • UCF Downtown Academic Center Renovation, Orlando ; � 1 + A • Kenneth A. Bragg Public Safety Complex, Lake Mary ' `,:, • Plaza North Office Building, Altamonte Springs • Florida Extruders International, Sanford _ raj • Florida Department of Transportation Office Building, Ari,y' Orlando t • First Baptist Church of Sanford, Sanford • `' "`' • The Life Center— Mt. Carmel Missionary Baptist, Eatonville • First Unitarian Church of Orlando, Orlando First Baptist Church, Sanford • Redeemer Lutheran, Winter Park • Deltona Presbyterian, Deltona • River Oaks Presbyterian, Lake Mary • Aaron Scrap Metals, Longwood • Punta Gorda EMS/Fire Station #3, Punta Gorda 5 11 C ,,,,,S Q.Jc) i1;Cat1()�i>> •,, . ,',, BRIAN A. WALSH, DBIA, LEED AP: BD+C i,th President & CEO PROFILE: , ,,,,:,.4- As the firm's founder, Brian has overseen the firm's activities and /I rapid growth towards quality and excellence since 1982. Mr. Walsh became a State of Florida Certified General Contractor in 1981 and is the recipient of certification for Passive Energy for Building Design. ROLE ON PROJECT: President& CEO Brian has experience working on multiple projects in Ocoee and West Orange County, and will provide overall project leadership. LICENSES& QUALIFICATIONS: • 35 years of experience RELEVANT PROJECT HISTORY: • Bachelor of Architecture, 1979 • Varsity Club at Camping World Stadium, Orlando • FL Certified General • River of Life Center, Winter Garden Contractor CGCO20818 • West Orlando Baptist Church, Ocoee • DBIA Professional • Pioneers Fletcher Center, Orlando • LEED AP: BD+C, U.S. Green • Shepherd's Hope Medical Facility (in design), Winter Garden Building Council • West Orange Chamber of Commerce (in design), Winter Garden • Northland, "A Church Distributed" Sanctuary, Longwood • LYNX Central Station & Operations Facilities, Orlando • Bethune-Cookman College Business/Hospitality Building, Daytona Beach • University of North Florida, Fine Arts Complex, Jacksonville • Harbor House, Orlando — ,' III _0, 1- 1 #1 r,gra i u ". 'f i , I i*ti4tif Lynx Central Station and - - Operations Facility, Orlando 6 :: CMR's Qualifications Dawn Beske Contract Administrator PROFILE: Dawn's extensive experience in the construction industry includes permitting, contract administration, and pre-construction. Her skill set includes safety Administration and a deep knowledge of warranty administration, bonding, insurance, owner contracts, sub-contractor agreements, and government requirements. ROLE ON PROJECT: Contract Administrator As Contract Administrator, Dawn will provide necessary assistance to the project staff, including completing reports, LICENSES & QUALIFICATIONS: preparing minutes to meetings, and updating logs (shop • 36 years of experience drawings and RFI's). She will play a key role in seeing that all of the project information is entered into our project management system, a corporate wide "custom" project system which provides document control. RELEVANT PROJECT HISTORY: • Varsity Club at Camping World Stadium, Orlando • Northland, A Church Distributed, Longwood • Orangewood Christian High School, Maitland • Amtrak Station Improvements, Okeechobee, Tampa, Winter Haven, and Jacksonville • Stetson University Renovations, DeLand • Spec Martin / Stetson University, DeLand • First Green Bank, Winter Park • Seminole State College Building "J", Sanford ViM .p its Northland, A Church Distributed 7 MI CMRs Qualifications Key Team Member's Role in Providing Services The matrix below provides each key team member's core role in providing the required services to the city. A detailed organization chart showing all team members follows. rX �A°t ? % - ..-',"-,:,.:*--)::,.4.0fie ' ' ,'" :1, Rob Maphis, LEED AP: BD+C Will provide direct operational s--2-:.:„.„: Project Principal / Operations Manager guidance throughout pre- ��, \ construction and construction. ;�.- r'` ,; Mark Brooks Will be responsible for supervising ~,..� Superintendant and managing all on-site activities on a daily basis. Steve Pinyot Will manage all pre-construction Project Principal & Preconstruction services and provide support during Manager construction phase administration. Snowden Hernandez-Linares Will direct all project meetings, Project Manager oversee subcontractors and establishment of CPM Construction Schedule, oversee all project -a communication, and manage the project through completion and �, , final closeout. Brian Walsh, DBIA LEED AP: BD+C Will provide general oversight for all .116 '_ v : Project Principal phases of the project, focusing on quality assurance. , Dawn Beske Will handle administration of the Contract Administrator contract and provide support to , 11 the Superintendent and Project Manager. 8 iii fri CMR's Qualifications Business Licenses Below, please find Collage's General Contracting License, Tax Receipts, and Florida Department of State Certificates of Good Standing. RICK SCOTT.GOVERNOR KEN LAWSON,SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD4. LICENSE NUMBER C. CGCO20818 k 6 The GENERAL CONTRACTOR �Y Named below IS CERTIFIED Under the provisions of Chapter 489 FS. - en Expiration date. AUG 31,2018 i El WALSH,BRIAN A --4:-.:.:... ' ��. COLLAGE DESIGN&CONST GRP INC - . :'_I•, 585 TECHNOLOGY PARK LAKE MARY FL 32746 _ # 15 .73.t ISSUED. 06/12/2016 DISPLAY AS REQUIRED BY LAW SEC# .16C6120001647 "`° SEMINOLE COUNTY BUSINESS TAX RECEIPT JOEL M.GREENBERG,SEMINOLE COUNTY TAX COLLECTOR PO BOX 630 I SANFORD,FL 32772 I 407-665-1000 „ �°Ir°°,' WWW.SEMINOLE000NTY,TAX I VALID THROUGH 09/30/18 i COLLAGE DESIGN&CONSTRUCTION 1 GROUP INC Account#:085643 585 TECHNOLOGY PARK LAKE MARY,FL 32746 REGULATED BRIAN A WALSH IPRESi License d-CG CO20818 Qualifier-BRIAN WALSH "LAKE MARY CITY LICENSE REQUIRED” Receipt#:10292017092102616 Amount Paid:$45.00 Date Paid:09/21/2017 ('-%."r. 2017 — 2018 Receipt# 18 00000810 City of Lake Mary THIS RECEIPT MUST BE POSTED '' ` Post Office Box 958445.Lake Mary.FL 32795-8445 BU5INESS.OUSLY IN YOUR PLACE OF LOCAL BUSINESS TAX LOCATION: 585 TECHNOLOGY PARK This receipt expires 9/30/18. Classification: CONTRACTORS/SUBS. CONSTRUCTION RELATED Receipt Fee $ 75.00 Delinquent Penalty $ .00 For: COLLAGE DESIGN 8, CONSTRUCTION Interest $ .00 GROUP. INC.-BRIAN A. WALSH 585 TECHNOLOGY PARK. SUITE 100 TOTAL$ 75.00 LAKE MARY FL 32746 Comments: 6/1y & ` .... +mssn/i City Clerk BUSINESS SHALL COMPLY WITH ALL CITY CODES OR BE SUBJECT TO NON-RENEWAL OR REVOCATION. 9 MN CMR's Qualifications IF ¢ r. *Cca.1, _1 p��11• flu, 1 f CaR �-; L 3 t:. a `m { n fto Ir. € 0, :..1 4 ,.,,,, 1 1. i 1 i ^zg 8 E ` ] b" i1 e g. . gI v = r7 r �M . . . r.o e a . =z _ , ;r 4. t _J1 '.t .. i` Z w O O yA O 4 a --I P 8N N A ° i wA 'v U � c, % N ` t_ F0 i oo. = a .sa •y c c • � l's ` 4 c 3 `�� � �i ��•, v y H Eri sqcoD G a% G O . 7 y alp d E X i54.a _? Al i O = °� o .. UI hN p0 • O �• O 1 a =oC 1_, Lc �ii _ y —Vr71 P — . . CMR's Qualifications Organizational Chart City of Ocoee • ==Brian Walsh, DBIA, LEED AP: BD+C President & CEO IN Stephen Pinyot U Rob Maphis, LEED AP: BD+C Vice President of Preconstruction Project Principal / Operations Manager • rd Pre-Construction E� Tara Sanders, MBA Team Accounting and Finance Administrator N. Christina Epperson Accounting and Procurement Coordinator ■= Snowden Hernandez-Linares ■ Project Manager U Mark Brooks Superintendent Subcontractors TBD 11 MI CMR's Qualifications List of Recent Projects Collage has worked on a wide-variety of community spaces and venues in cities and towns throughout Central Florida. The following list provides examples of projects successfully completed within the last five years, which are shown due to their similarity in scope and/or services to the Lakeshore Center Expansion project. Project Dates Location Description Varsity Club at Florida May 2017 - Orlando Selective demolition and renovation Citrus Sports Current of Varsity Room, lobby, breezeway, restrooms, offices, staff breakroom, and kitchen. Pioneers Fletcher Dec. 2014 - Orlando Designed and built new 50,000 SF Center Dec. 2016 building with interactive and educational lobby entrance, office spaces, glass staircase, and large conference center with full size industrial kitchen, dining and meeting space. Spec Martin Stadium Dec 2012 - DeLand New multi-story pressbox, locker rooms, Locker Room & Press Aug. 2013 extensive sitework improvements, new Box roadway system and parking lot, extensive retaining wall system, and landscaping. West Orlando Baptist July 2015 - Ocoee This building expansion project included Church Expansion Sept. 2016 construction of a new sanctuary, expansion of existing classroom building, and a "third space". Harbor House July 2014 - Orlando Collage designed and built this one September story, 27,500 SF multipurpose building 2015 consisting of office space, residential areas including sleeping areas, laundry, communal kitchen areas, conference rooms, administrative offices, and dining areas. Development included asphalt paved parking, underground storm system, earthwork, tree mitigation, and other site utilities and amenities, as well as a courtyard with a play system for toddlers. Grace Church June 2016 - Orlando Conversion of an existing 43,297 SF Renovations March 2017 building into a new church with a worship center, classrooms and meeting spaces, children's wing, and offices. 12 :: CMR's Qualifications Seminole State June 2015 - Sanford Renovation of the second floor classroom College, Building "J" Dec. 2015 space of Building J on the Lake Mary/ Renovation Sanford Campus to create offices and a new space for their Academic Success program. Additionally, second floor restrooms were renovated to comply with current ADA standards. Heathrow Fitness Oct. 2014 - Heathrow This conversion of sports café to a free Center Renovations Feb. 2015 weight room included upgrades to the men and women's fitness restrooms and the main fitness area, as well as the addition of new accessible ramps. Amtrak Orlando August Orlando This was a historic restoration of a Station Renovations 2014 - May two-story, 17,500 SF building. Project 2015 highlights included replacement of all the doors and windows, which were rebuilt by hand according to historic preservation standards, as well as restoration roof domes, stucco arcade, and platforms while adding ADA accessibility. The entire HVAC system was also relocated to the second floor, allowing for a restored entrance on the north end of the building. I .:w , , ' C 14 PR•J CT THAT --,, STRENGTHENOUR COMMUNITY. 13 MN CMR's Qualifications Client References The client references below represent recent work similar in scope to that of the Lakeshore Center Expansion project. Details on these projects can be found in the "List of Recent Projects" above. 1 . Organization and Project Name: --—. Florida Citrus Sports Is"" w , 11 Varsity Club at Camping World Stadium -- �' =� ',11„„--!,.. Contact Information: Steve Hogan, Executive Director shogan@fcsports.com 407.423.2476 2 .....„,..,f...,k Organization and Project Name: „ e Pioneers International, Inc. '< '�" Pioneer Fletcher Center Contact Information: '"""' .0 Norm Leduc, Senior Vice-President, COO, and CFO nleduc@orlandoteam.com 407.382.6000 3 Organization and Project Name:• OSO Properties . ; ,4 -- Harbor House ` ":ire ? I Contact Information: -- Terri Chastain, Senior Campaign Director tchastain@harborhousefl.com 407.886.2244 14 CMR s Qualifications SPIowir% To Whom It May Concern: It is my pleasure to recommend the Collage Companies(Collage) as a firm with the proven history,experienced staff and integrity necessary for a successful project. Collage has worked alongside Florida Citrus Sports in the renovation of facilities at our historic Camping World Stadium, providing pre-construction and construction services to help make this project a success. Collage was part of our team during programming and design development of our facility, providing substantive design guidance, estimating and constructability support. They worked in partnership with our architect, helping them to resolve challenges related to existing conditions. They were responsive to our needs and supported our objectives for the project at every step in the process. Collage's team has shown an understanding of issues unique to sports venues, adapting as needed for ongoing facility requirements and the varied events held at our stadium. They have been flexible to changing operational needs of the sports facility and have been proactive in their approach to public safety in and around the venue. This approach has been crucially important, as construction was being held concurrent with events at our stadium. I appreciate the efforts of the Collage team and would highly recommend them as a builder for your upcoming project. I am confident that they will provide a level of service that will exceed your expectations. Sincerely, • Steve Hogan Chief Executive Officer Florida Citrus Sports 15 CMR's Qualifications Current and Projected Workload The Collage team understands that the design/pre-construction phase of the Lakeshore Center project will continue for the next several months, with construction beginning sometime after mid-March 2018. Collage has ample pre-construction and construction resources to dedicate to this project. The chart below provides our current and projected workload, demonstrating that we have the capacity to serve as your CMR for this project. z' Project Client Location Value Start Finish FIS/Customs Baggage Belt Sanford Airport Sanford $2,249,020 Aug. 2017 Dec. 2017 Authority Regional Transportation FDOT District 5 Sanford $13,137,000 May 2017 Nov. 2018 Management Center First GREEN Bank Renovation First GREEN Bank Orlando $1,600,000 May 2017 Nov. 2017 Holiday Inn Express Pioneers Orlando $11,159,186 May 2017 June 2018 International, Inc. River of Life Interior Alterations River of Life Orlando $3,025,229 July 2017 Jan. 2018 Christian Center of Orlando, Inc. Shepherd's Hope West Orange Shepherd's Hope Winter $2,000,000 Nov. 2017 Sept. 2018 Medical Clinic and Garden Administration Center Teen Challenge Dormitory & Global Teen Sanford $1,800,000 Nov. 2017 Oct. 2018 Administration Building Challenge, Inc. West Orange Chamber of West Orange Winter $250,000 Feb. 2018 May 2018 Commerce Building Renovation Chamber of Garden fProject Commerce I Crosspoint Christian Church Crosspoint Christian Cape Coral $3,530,405 Aug. 2017 Aug. 2018 Church of Cape Coral Calvary Lutheran Church Calvary Evangelical Ruskin $4,750,000 June 2017 Aug. 2018 Multi-Use Building Lutheran Church of Ruskin, FL Bert Winters Park Improvements Palm Beach County Juno Beach $1,892,000 Sept. 2017 Aug. 2018 16 MN CMR's Qualifications Project Approach 1 In-Depth Understanding Collage brings an in-depth understanding of the requirements for the Lakeshore Community Center expansion project. With a team that includes West Orange County residents who have built projects in Ocoee - - _. A and the surrounding area, we are very familiar with this facility and its I . importance in the community. Members of our staff have attended 1II� numerous functionssomeofthe at this venue firstfunctions since it washeld constructedthereforthe in 2014, q including very West Orange Chamber of Commerce. We are vested in this community and committed to developing an approach to ensure this project is a success. The current Lakeshore Center has an area of approximately 8,800 square feet, with a banquet hall that will accommodate an approximate occupancy 225 individuals. We understand there is a desire to increase the size of the facility to accommodate additional occupants and, to this end, the City has engaged Rhodes+Brito Architects, Inc. to prepare ag feasibility study and design for a facility expansion. The design resulting ._, from Rhodes+Britds analysis is an expansion to the north of the facility gam' that would increase the overall size to 13,000 square feet, increasing the -,..--alljcapacity by an additional 160 occupants. This expansion is to incorporate the same architectural and structural details to match the original design and provide for integration between the old and new areas of the building. The Conceptual Expansion Study prepared by Rhodes+Brito provides a well-developed plan for ... .> ^` the project, construction for which is anticipated . i,t to be completed in 2018. There are a number of ' , Ilik..... "'"-`S enhancements and modifications that are being ,P developed to address porches, lobby, office, restroom -- ) - 7 Ai 1 and service aspects of the facility. Additionally, we 4*- understand that there are other enhancements being --; _ — � "- considered, including complete replacement of the Banquet Room Audio/Visual system, alterations to the lighting control system, creation of storage and restroom spaces to the north "porch" expansion, and modification of the existing business center to become a "bridal suite." The project will also include . mechanical, fire sprinkler, plumbing and electrical ^,-,tis A .. work to support the needs of the expansion and ,iI11reconfigured spaces. Construction Approach ,. Drawing upon our knowledge of the project, � � Collage will develop a comprehensive approach to construction of the facility. Our approach includes 17 :: CMR's Qualifications safety planning, constructability review, existing conditions assessment, and logistics coordination. The processes employed by Collage will be very beneficial to the City of Ocoee for this project, allowing for proper coordination of construction activities around existing facilities and ongoing operations surrounding the site. Expansion to the north will result in demolition of the existing rear wall, with provisions made for the temporary and permanent support of the structural system. During pre-construction, Collage will support Rhodes+Brito's analysis of the existing systems and structure to develop a plan to ensure safe and proper demolition. A key consideration in Collage's approach to the project is the various facilities and community amenities that exist around the Lakeshore Center. The work will require close coordination with the City, particularly as it relates to traffic, parking and ongoing operational needs of the City Hall complex. Collage also knows the importance of coordinating with activities and existing amenities near the Lakeshore Center, including the Withers-Maguire House, Bill Breeze Park and the Starke Lake boat ramps on Lakeshore Drive. 0'4 BOAT RAMPS i „. STARKE LAKE E _E'JTER im- . BILL BREEZE PARK , E EOakland Avenue .. + The Collage Approach to CMR Collage's approach to construction management services will provide the City of Ocoee a distinct advantage over other construction delivery methods because of the cost information that is provided throughout the project, from pre-construction through final completion. This will be an "open book" process, with constant communication of the status of estimated costs as the design is developed and then, during construction, we will share our accounting of actual costs for all items of the work. 18 CMR's Qualifications Through years of experience in successful delivery of CMR projects, Collage has developed a proven strategy for successful CMR projects. I Effective Management Team: Assigning a knowledgeable operations team to manage the project is vital. The personnel assigned to the Lakeshore Center project will work seamlessly with Rhodes+Brito to manage the project, anticipating potential cost issues before they are realized. Various software programs will be implemented to assist the staff in managing the project, including contract control software (Power Tools JCPM). • Proper Purchasing: A key to controlling costs once the construction phase begins is the timely, thorough & proper issuance of subcontracts & material purchase orders. Collage has procedures in place to ensure that all purchasing is timely coordinated and completed, thereby eliminating gaps & duplications of coverage. ■ Cost Management Systems: Once the GMP has been accepted and approved, we will continue our cost control programs during construction using contract control software, including Power Tools JCPM, Primavera® (P6) Project Planner scheduling software, our in-house accounting controls. ■ Coordination: Proper construction coordination is another key strategy in this team's control of costs. This is extremely important when working on an existing facility such as the Lakeshore Center. We will utilize various coordination tool to verify dimensions, integrate systems and identify and eliminate conflicts between various elements of the project. Familiarity with the existing conditions of the existing Lakeshore facility and surrounding site will allow this team to properly anticipate the location of known utilities and coordinate connections to those utilities. ■ Accurate Accounting: Our team brings the proven ability to accurately account for project costs during construction, and will utilize effective accounting tools to continually monitor costs relative to line-item budgets for every aspect of the project. The cost reports will be included as part of the PMIS (Project Management Information System) reporting. ■ Subcontractor Relations: An important component of the construction phase cost control is engaging qualified subcontractors & suppliers in the bid process and, ultimately, in construction of the project. We understand our role as custodian of the funds for this project & will work with subcontractors to control expenditures, provide appropriate requisitions & protect the budget established for this project. 19 CMR's Qualifications Narrative Reporting Estimating and Cost Control • Executive Summary Cost control is an important element of our approach to CMR. Our • Cost Narrative ability to control costs begins with development of accurate estimates and a thorough understanding of the costs associated with various • Scheduling Narrative elements of the project. The estimating process for the Lakeshore • Accounting Narrative Center project will analyze projected costs from early design through Construction Progress to construction documents, ensuring that the developed budgets for • Report each phase are not exceeded as a result of previous underpricing in a particular discipline. The participation from the market from the • Daily Construction beginning is very important to this process. In this process, complete Diary detailed estimates will be produced and updated at the completion of the basic design for each phase as listed below. Schedule Control • Master Project ■ Proposed Design Phase Estimates Schedule • Completion of Schematic Documents • Construction Schedule • Completion of 100% Design Development Documents • Pre-Bid Schedules (as • 100% GMP Estimate (establishment of the GMP) required) • Subnetworks As part of our early cost control measures, a detailed project schedule • Occupancy Schedule will be developed in the initial design phase showing all design, permitting, construction execution, commissioning and close-out Cost Control/Estimating activities. This schedule is updated for each estimating deliverable of Pre Construction each phase to keep the overall project on track to complete in the • Phase Estimates time frame as required by the Contract within the budget. Schedule narratives also identify all critical items that need attention and action • GMP by the responsible parties to maintain the start and completion dates. The schedule component of our estimating process is very important Project Accounting to maintaining required project progress as well as managing overall • Cost Status Report project cost. Collage's approach to cost control during the construction phase Accounting/Payment includes on-site, real time management of the project by our site administration team, coupled with extensive support from our local • Payment Status office. It is a proven process that utilizes tried and true processes for Report cost monitoring, coupled with state-of-the-art systems for control. • Detailed Status Report During the construction phase, Collage will implement a reporting • Cash Flow Diagram system to ensure that the City and stakeholders are apprised of the status of all elements of the project. We will implement a Project • Job Ledger Management Information System (PMIS) that will provide monthly updates on the project, including schedule, cost, accounting, and Action Reports payments. • Action / Item Report 20 MN CMR's Qualifications Summary of Qualifications As shown in this qualifications package, Collage believes in projects that strengthen the foundation and fabric of our community. The following are some of the reasons why Collage is the best choice to serve as CMR -: for this project: Overall Expertise: Collage's 35-year history of Central Florida building experience is demonstrative of our expertise to serve as the City's CMR. We have built projects with similar building types; have expanded, - ' 4 renovated and upgraded existing complexes; and have recently title completed public entertainment venue projects. ... : � � Performance and Experience of the CMR Team: We have assigned "� v a team of seasoned construction professionals with experience building . ' projects very similar to the Lakeshore Center project. Our team includes individuals who live and work in West Orange County, who have successfully completed other building projects in Ocoee and who have demonstrated an unmatched commitment to this community. Project Approach and Understanding: Collage has prepared a detailed CMR approach to provide the City with substantive pre-construction „E ;> services and effective management of the entire construction process. Our plan for execution of the project has been developed from our • it 1 thorough understanding of requirements of this project, the Lakeshore Center site and the City of Ocoee as a whole. . Capacity, Capability, and Availability: We bring the corporate capacity and available resources necessary for this project. Collage is absolutely 46 , committed to the success of this project, from design/pre-construction through construction, completion and beyond. 21 Construction Manager at Risk for Lakeshore Center Expansion I II OTHER FORMS In this section, please find the following forms: • Letter of Intent from Collage's Surety Company (indicating our bonding capacity for this project) • Conflict of Interest Disclosure Form • Confidential Disclosure Agreement for Public Building • Company Information / Signature Sheet • Addendum Acknowledgment • Summary of Litigation 21 4- FLORIDA SURETY BONDS, INC. 620 N.WymareRo40 Suite 1 Maitland,FL 327;1 Fax 407-786-7766 888-786-BOND(2663) Fax 888-718-BOND(2663) www.FloridaSuretyBonds.com November 7, 2017 City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 RE:RFQ# 1801,Construction Manager at Risk for Lakeshore Center Expansion,125 N.Lakeshore Drive,Ocoee,FL 34761 Bid Date:November 7, 2017 To Whom It May Concern: Should the proposal of Collage Design and Construction Group, Inc. ,on the above referenced project be accepted and the contract therefore awarded to Collage Design and Construction Group, Inc. ,the North American Specialty Insurance Company as Surety duly authorized to do business in the State of Florida hereby intends to execute, as Surety,the Contract Bonds required by the terms of the contract or specifications when the application for such bonds is received from Collage Design and Construction Group, Inc. and the usual acceptable underwriting factors are furnished to us. This letter will expire within 30 days of the date shown above. Sincerely, North American Specialty Insurance Company Susan L. Reich Attorney-In-Fact& Florida Licensed Resident Agent Inquiries:(407) 786-7770 22 Construction Manager at Risk for Lakeshore Center Expansion NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois,and Westport insurance Corporation,organized under the laws of the State of Missouri,and having its principal office in the City of Overland Park,Kansas each does hereby make,constitute and appoint: JEFFREY W.REICH,SUSAN L.REICH,KIM E.NIV,TERESA L.DURHAM,DON BRAMLAGE,GLORIA A.RICHARDS,CHERYL FOLEY, LISA ROSELAND,GLENN ARVANITIS and SONJA AMANDA FLOREE HARRIS JOINTLY OR SEVERALLY Its true and lawful Anorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship us are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION($125,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24,2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18,2011. "RESOLVED,that any two of the President,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." \SUwuuuWiit�t' /� pOt tAUTYf lipP! _,ypS.9...H /V'K'1•-,C'_/'. — • ._.•1 yQ' ytiy�(P� roL rG By xe pan Y}` ce $ r•,g Steres P.Aadenon,Senior Vice President or woehin t alnternational/nwnnce Com SEAL :�n= xr SEAL ;� &S wac Vice President or Nona American Specialty Wanner Company m @ � res &Staler Vim Pertinent etWniport insurance Corporation sa"�,r�y, 1919 : a ' .' � By MIM.A.In,Senior Vice President orWssLlneron linen-tangent trusty..Company ` hiiffg111ilfUltl\\ &Senior Viet President of North Amerind)SpatiW5 Insurance Company &Senior Vire President of Westport Witmer Corporation IN WITNESS WHEREOF,North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this this 9th day of May ,20 17 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: On this 9th day of May ,20 t7,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A.Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL ( - M KENNY `--1\�1\\. s NOTARY PUBLIC,STATE OF IWNO1S • M.Kenny,Notary Public MY COMMISSION DARES 12/04/2017 1, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy ofa Power of Attorney given by said North American Specialty Insurance Company,Wnst.ingtnr.International Insurance Company and Westport Insurance Corporation which is still in full force and effect, IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 7th day of November ,20 17 . • )ales,-,'Ga!nhtr&vice Rresident d:Assicimt 5ouemryar W&star ton h,.anr:n;ci Intiassea Caapmety& Mani,Amnr!rm spcUahy err C0.Tpony a vl,,Preiidenf&A[eriL•bl$tele:s est W4>p,n twonon a enrpannM 01, l°l/e. • t 23 • Construction Manager at Risk for Lakeshore Center Expansion ocoee florid° RFQ CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their Proposal: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in the Proposer's firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this proposal. (Indirect ownership or benefit applies to any members of his or her immediate family.) Proposer certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Proposer agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Evaluation Committee members, and other key City employees and consultants involved in the award of this contract. According to Chapter 112, Florida Statutes, the term "conflict of interest" "means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest",and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting,an employee's professional judgment in exercising any City duty or responsibility in administration,management,instruction,research,or other professional activities. Please check one of the following statements and attach additional documentation if necessary: X To the best of our knowledge,the undersigned firm has no potential conflict of interest for this Proposal. The undersigned firm,by attachment to this form,submits information which may be a potential conflict of interest for this Proposal. Acknowledged by: Collage Design and Construction Group,Inc.dba The Collage Companies Firm Name Signat re Brian A. Walsh-President&CEO Name and Title(Print or Type) November 2,2011 Date RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 19 24 Construction Manager at Risk for Lakeshore Center Expansion Confidential Disclosure Agreement This Agreement is entered into by and between Collage Design and Construction Group,Inc. dba The Collage Companies (hereinafter "Recipient") and the City of Ocoee(hereinafter"City"). Recitals WHEREAS City needs to disseminate certain building plans, blueprints, specifications, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a water treatment facility ("design information"),in order for it to be designed and constructed pursuant to RFQ #1801 Construction Manager at Risk for Lakeshore Center Expansion (the"project");and WHEREAS, such design information is exempt from public records disclosure requirements of Florida Statutes Section 119.07(1) and s. 24(a), Art. I of the Florida State Constitution. This exemption provides that design information made exempt by law may be disclosed to another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to a public building or water treatment facility; and that the entities or persons receiving such information shall maintain the exempt status;and WHEREAS the Recipient is willing to receive disclosure of the design information pursuant to the terms of this Agreement for the purpose of bidding on the project and/or performing design services; NOW THEREFORE, for good and sufficient consideration the Recipient agrees as follows: 1. The above Recitals are acknowledged by the Recipient and are incorporated herein by reference. 2. Recipient agrees that it shall prevent and protect the design information, or any part thereof, from disclosure as a public record and shall not disclose the design information to any person or entity other than one having a need for disclosure in connection with Recipient's authorized use of the design information for the purposes of submitting a response to the bid solicitation. 3. Recipient agrees to take all steps reasonably necessary to protect the secrecy of the design information, and to require all entities or persons receiving the design information to maintain its exempt status and to prevent the design information from being disclosed as a public record or coming into the possession of a person or entity that is not authorized. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 20 25 Construction Manager at Risk for Lakeshore Center Expansion 3. Recipient agrees that all design information shall remain the property of City. All design information and all copies thereof shall be returned to the City not later than thirty (30) days after the bid opening together with a list of all of the names and addresses of all entities or persons to which the design information has been disclosed;or,in the case of a designer,not later than thirty(30)days after the project is finally completed. Dated this 2nd day of November ,2017. RECIPIENT Signed: Print Name:' Brian A. Walsh Title: President& CEO Company: Collage Design and Construction,Inc.dba The Collage Companies Address: 585 Technology Park,Lake Marv,Florida 32746 Phone No: (407)829-2257 Date: November 2,2017 Driver's License#: RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 21 26 Construction Manager at Risk for Lakeshore Center Expansion COMPANY INFORMATION/SIGNATURE SHEET RFQ#1801 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. Collage Design and Construction Group,Inc. dba The Collage Companies (407)829-2257 COMPANY NAME TELEPHONE(INCLUDE AREA CODE) (407)829-2258 FAX (INCLUDE AREA CODE) scollins@collag,e-usa.com __ E-MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT AU HOR 'D SIGNATURE(manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: Brian A.Walsh-President&CEO NAME:TITLE(PLEASE PRINT) STREET ADDRESS J Late. CITY STATE ZIP FEDERAL ID# 551 - tut-3S S Individual ✓ Corporation Partnership Other(Specify) rsCI- Sworn to and subscribed before me this_a day of *10. .20 17 . PallSiluzu or Produced Identification Notary Public-State of �tptt (Type of Identification) County of`aea+it j\2. Signature of Notary Public SEEPS 013 MY COMMISSION �'t3202I .i dpi EXPIRES September 24, Printed,typed or stamped aF Commissioned name of Nota I: rc RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 22 27 Construction Manager at Risk for Lakeshore Center Expansion Mayor Commissioners Rusty Johnson John Grogan,District 1 Rosemary Wilaen,District 2 City Manager Richard Firstner,District 3 Robert Frank � Joel F.Keller,District 4 ocoee florid() October 31,2017 ADDENDUM NO: ONE(1) CITY OF OCOEE REQ#1801 CONSTRUCTION MANAGER AT RISK FOR LAKESHORE CENTER EXPANSION This addendum consists of one(Ft page, and shall modify and become a part of the original RFQ documents for CMaR for Lakeshore Center Expansion. Respondents shall acknowledge receipt of this Addendum in the space provided on this Addendum. Failure to do so may subject the Respondent to disqualification. The RFQ due date remains the same. Answers to questions received and/or amendments to the RFP documents are as follows: QI. Section B,Insurance Terms and Conditions.Number 7 indicates Owner's Protective Liability Insurance is required. We are requesting for#7 to be removed from the listed qualifications.Would these conditions be possible? Al. No,the City requires the contractor to provide this specific coverage. Q2. Please confirm that our firm is allowed to use the City of Ocoee's logo in our submission.If so,are you able to send me a copy of the correct logo for our use? A2. Yes,the use of the City of Ocoee logo shall be limited to vendors applying the logo to formal Bids or Proposals to be submitted to the City pursuant to a competitive solicitation by the City.The logo is available on the City's website or in the header of this Addendum,no separate file will be provided.If you use the city's logo,you should include a statement that reads,"The passion flower logo is copyrighted by the City of Ocoee and is used with permission." Amendment 1: Confidential Disclosure Agreement,pp.20-21 of the RFQ: Please write in"N/A"or"Not Required"in the blank for the Driver's License Number as this information is no longer required. err,o ,CPPB Pure asing Agent cc:Evaluation Committee All respondents shall acknowledge this addendum in your qualification package by completing the section below and including in Section D.E.Submittals-Other Forms. Respondent: Collage Design and Construction Group,Inc.dba The Collage Companies Signature: 117?-2- Name: Brian A.Walsh Title: President&CEO 28 Construction Manager at Risk for Lakeshore Cer1.er LXpu,nion Minority Business Enterprise Certification The Minority Business Enterprise Certification is not applicable to the Collage Companies• . 29 Construction Manager at Risk for Lakeshore Center Expansion Summary of Litigation Since 1982, contract defaults, liens and litigation of Collage Design & Construction Group, Inc. dba The Collage Companies are as follows: • Existing claim with Architectural Drywall Systems for $151,582.34 regarding a discrepancy in change order amounts due. Other than the above, there are no other instances other than resolved issues that occur in the ordinary course of doing business. There have been no material changes in the business operations. There have been no liquidated damages, penalties, liens, defaults, cancellations of contract, or termination of contract filed against this organization. 30 CONSTRUCTION / INTEGRATED SERVICES City of Ocoee ,,,\N* 4 RFQ #1801 Construction Manager at Risk 0 ocoee Lakeshore Center Expansion „F a- ,,..n. .. ..:..®�_ _+_..''f... ,:' i t. „<,i 0111` pry ,.t Y i 1 �e 1, �, IIIhIllhIIIIII � IIIIfflftI 11 111111 11, , IIS ��� � . I. ..� Biu .ilk t I 11111111111 �,, .. _.. w . p., U COLLAGE C ONS'RUC'iON / INTF,RAT f D SfRVCrS d * • ; 'Y. • �i rk /ff , �v • n � m � cl) c a, ' �} cu c +- o vQ icca)" o - e � � ppv c( O (LD) � ,ov a, _ � Q, , , C v _. W >, (c1)) u x._ o S. a c O — cc) c / v z > a d - a, Q o �, 0 v 6 o a "D -c) Q o a c Q a Cl) V a� °J a C W L .c - X > > \ 0 c c Q o a 3 v o W 3 u D t--- +;, wCl) a� a x N .0) O - Q O U O aO Q �O , v 2 :v Q c a3 a3 c a� > � _ � � > � � c� nda On wOu C""-s o W J d-' U u N > •— O N cc C N CD > Q ° Q O p DC w = d 0 < < N 0 1a __(13 rz ■ ' c x CC v uOO o >,Q N x . c6 O N c O Q O • I ZV , cw � Uw V1 —.J O w .- CC cc Q� a� O Z �C c •u -O _ •— O J L O c (73 CCS 4 6 m -0 C O + U OO tii•— - t} CI) (1) U C ri ....) ---3: [1--+:- 400 c:4= ID "CD e_........ k_) 03 111 , , CD i 0- i /a 1 coU ;. w ..-.:.. I ti .?< re,0'''''''...'"i Ei i ` 1,11 . '_ 1 i1 ii tj 1Ili ) i rt Y I 3a , �..II; ,,qti iFs' �1 iris � rrt tl�a Ft a g fr.. F ?d P z R t e t R t ,°,,,4,:t11,4 *# f '' E ry. ::!,! 1,,,,„;,,,,,, :;g d[ ii Ptj itjtayty) 3�19��jppI �� `9 d a .iii t `96th X ¢ Ax r $ a -........,. fi ,i, FFKKKF FFK%%KFK k%F[FFKK[F% KFFK ,, ..•.y�e. . P.. t > •Ptt_9P9X-9 ,. � t !!!! J _---__.....-_._....—._.._.....___ ._.. g s 9 . € � JO ,111 1 i !ii/J I J Jill it! 11 ----i 3 fi @ 7 3X 4'2-t-X-R'Y''gg'' O $ I c c C •;';.4 G , gA fff r i ,, . § +. '. 4 -O !°`-`".."- mu4 W .. f c _. �``$ °+�,, sou , ..._ ` � . ' � � if . ,, , 4 { ,,, ..,., ,,,, � y s � � cu . g 0 c. ,,,, ,,,, ...,... ,,,, . - fi sI __ o / 1 fY jai . 1 4 v„,,,,4 ��' ,. . cL o I06 ) r„ v a _ , '' ' ,,'19,'..Niii 1„..1° 't-- O z V a ° e 1 Q) n-. ; ..--),- r. `moi . _:/0..' ,c_,;'"15 S s �, !;/.o 1 _,.'''':-. _... L- z n c r A u O , 0 o o v E N c L a kL t. 1. cn o -,, �; v o z +� coeS c zi O O 4i01. oco e Lakeshore Center Expansion L a B PS y Pal s1 4 1 Ee • - T ,std � �,..,., ..:� ." STARKE LAKE C e. 7 i L ' ,`.�, .yam�.`�• i • o Fi; I ,, j ..._._. BILL BREEZE PARK WITHL PE — - MAG..RE • I OUSE _' i,-: I .�KEEKEtW zr a W A' t4K $� ! fE i 4tv- � �- � rc^ i , Q t t ( ."mow-----. ' ! �S nk R .,T... P a^i+`h %... I:i1��li�Q������(l�(Itr�d } � A�gaw {{ ?..1.• ..... .:�«r. .r y , y rr.. • L i -a` 4`• (-"'. _ t. 4 . 117iff 1 ': mmitimmommi „REQ ir w � 0.x y r a-e 6 'e'.*;,..-., "' - ,.. .. :i rH.. ,..r*:;;ai�B' x .ted. • .; tsr, fi ,,a u'y�`, .1.0, 2i(A W.I. Ocoee Lakeshore Center Expansion Recent& .„...�.... �.,..a„RaN., 35 Yeats in Renovation& • ,o o".�� Capabilities Expansion Relevant ' wm, Central Florida Venue - Know-Hoa ���r M.la, a , LIC02,w., f.04.13 Ex erience . .. � 1 1 Vested in ,5 Ocoee and CM at Risk History in . "”" a"'" », t k° x" UnderstandingOcoee&West ; West Orange Expeltise " o '--61rw,s.C....N=»0 County Orange 4r.40...dd,. ,L.N . r..,4O.. I , 0,000. ,e ",:,+< w.; a;8 L.N..e500.S r,.. 5 008.15 ISM I8 .6.50.0. m o +6M, LOM [v L r, Olt 018.0685 776.055 History Safety& A Project- w . i E Approach Working with y Specific .° "°' OM 06.0. .».i Logistics , ,-a2 f .x Rhodes+Brito Approach •SOI , t .._: "a �P o .R: .y a 55,,.• Al •., ,e D R,,i.s., R,ZI i ".. [yyY CO 110aes \Vi'R0.o..+.mu.0 Off.NMt' CC COLLO GE /, LANESN0RE..UNITY CEMER EXPANSION ,.:0.68 6.81161 -0106.02,2. a be 06.06 COT02P - P•M d, PreConslruction Penovat,on Start E.pan,mn Simi. 0claded 0,bvdy Overall Completion'. fountlzr.Uay 1018 Local Team Jule February 2018 March 2018 tluling Oilober l0ltl • History of building in the Ocoee area • Project experience with Rhodes+Brito Conceptual Design 1 • Knowledge of subs and local conditions • Vested in West Orange 1" yr 22 Conceptual Desgn:Preliminary Cost Estimate -a .+4 P7 FS61 t�ctl�n • Responsive at all phases of project BJ IJing Add.n 4.7(C 5, ',250-2/5,1 01 Eateso, 78575E $50-60/st $l2,xs $0;44.0. ..-, ' ` r -,,:� Select interotSpace5 yr- > � ' 32tti,Mtl-;225,.1+a Community Center Builders 1 " 5,t2 Sltework&Site Improvements $225,000-$250,000 i • Knowledge of Lakeshore Center t �• i • Recent&relevant venue renovation $1,707,850-$1 895,420 • Substantive design-phase input xT`y • Acoustic and A/V considerations • Proactive approach to challenges Schematic Design r ,, Schematic Design Preliminary Cost Estimate ;rig . Renovation/Expansion Experts �' pv 6 K lr • Protecting the integrity of existing structure - $novatiori - - • Ensuring proper connection of structural systemsSelectInterlorSpaces $200,000-$225,000 • Overseeing compatibility of finishes • Coordinating around City's operations&public facilities Stewok&Site Improvements s225000-5250 009 • Implementing a well-planned logistics approach TOTAL $2,147,500-$2,375,150 , .., . ‘4., .0.1), . . „, 11, ....„ „ : .,, , ,: „.... ..:,,,,,,, ,,, ,...... „,,,.,:,,,yt ( r , , ,,,,,„ . Ir\v, '.', 't. ,,:'-- rti, ,..4.,,, 4,,141,, .,,,_,,, ®COLLAGE A 11 ,u,...,,,rL I.!! oi;2r h,r,Si,,•,'„j['U•.r:.,.nHunt.:3„tc;ndric'rat _.':L.r t_?r--t-LW: $ a F3 o!-, I ;1\/ (J.lof"lyd N Vi I- O r MO 4 1... � ; , ;et, %" a • r,, / . _cam _ b h 4 € Pert ....,....; ....._ . _ .1 .-,..-,t,ff l4:. :*.t, �#, 4. ........... ,..., „... / ,: ..,..: 1 ,,,.. astris ,.,..i .._;,_., f , .., , .. 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I i_ 3 I November 7th, 2017 Submitted By Charles Perry Partners, Inc. 200 E. Palm Valley Drive, Suite 1040 Oviedo, FL 32765 Phone: 407.977.2353 Contact: Jason Morgan jason.morgan(acppi.com • t � construction management i design build I general contracting --) CHARLES PERRY PARTNERS,INC November 7, 2017 Joyce Tolbert, CPPB, Purchasing Agent City of Ocoee Finance Department/Purchasing 150 N. Lakeshore Drive Ocoee, Florida 34761 RE: RFQ#1801 -Construction Manager at Risk for Lakeshore Center Expansion Members of the selection committee: Charles Perry Partners, Inc. (CPPI) is pleased to have this opportunity to submit our qualification to the City of Ocoee. We have assembled a project team that is highly experienced with projects of a similar nature, and this team's knowledge and expertise will ensure that all budget and schedule goals for the project are met or exceeded. CPPI has provided construction services throughout Florida for 49 years. We are Florida owned and operated, and we pride ourselves in our strong corporate culture of client advocacy. This project matters to us! Not just for our bottom line—we live and work in this community and have worked on projects at nearby Health Central in Ocoee for the last 3 years.Our corporate mission is to"build long lasting relationships and structures".We will accomplish this through transparency and accountability, while helping you and your team keep your commitments to your stakeholders. Our project approach illustrates how we will help you achieve your desired budget and schedule in a collaborative team environment which includes working with your selected architect, Rhodes+ Brito. We will work in tandem with R+B during our preconstruction effort to provide real time estimating and feedback to help keep the project on track budget-wise. We also outline our Teambuilding session which will help establish the goals of the project from the beginning for the owner, design team and construction management team. CPPI is confident that our approach, as well as our local, relevant experience and project team, make us the best choice for your project, and we welcome the chance to sit down and discuss in detail how we can bring real value to City of Ocoee. Sincerely, Chart erry Partners Inc. J n Morgan, ; in, pal Jason.morgan . cppi.com 200 EAST PALM VALLEY DR..SUITE 1040.OVIEDO.FLORIDA 32765 I PHONE:(407)977-2353 FAX:(407)977-2354 www.cppi.com TABLE OF CONTENTS November 7, 2017 tab I CMR's Qualifications tab II Other Forms 4 4 . q0 ._ 11,T ON PE CDE ,aKgIA CONSTRUCT!n N ?L.._E - , • DESIGN-BUILD G i R , NG 1 1 0,•• CPPI CMR'S QUALIFICATIONS I List of CMITs key employees/project team members, their qualifications/resumes, and their role in providing the desired City services. PROJECT STAFFING We staff projects according to necessity as opposed to just the total cost. One of the keys to success is a cohesive team that maintains open lines of communication throughout the duration of the project.This will be a dedicated team from day one, all the way through the completion of the project. PRINCIPAL LEADERSHIP t 1,' CPPI embraces owner involvement to ensure effectiveness, thoroughness, and flawless project execution. ., • The leadership will have continuous two-way communication with the City of Ocoee throughout the construction process• The leadership of the team believes: "Do what we say we are going to do and do the right thing". _asor Nevar rrmcloal inc a�e ;. • Everyone at CPPI is empowered to make decisions.This helps to promote"outside the box" .ro ect Executive thinking from all levels of the team. David Rush - Senior Project Manager z,-, Mr. Rush brings 38 years of experience to the team. As Senior Project Manager, he will be your liaison for the owner, architect, superintendent and contractors on the job. He will coordinate all owner/architect/contractor meetings as well as prepare and administer subcontracts.Additionally, he will handle the financial aspects of the project. Mr. Rush is responsible for the daily management of the project. Glenn Mullins - Vice President of Preconstruction Mr. Mullins is the Vice President of Preconstruction. He is a US Green Building Council LEED Accredited Professional and was also the first Green Globes Professional in Central Florida. Mr. Mullins will be directly responsible for all preconstruction activity. He will of coordinate activities during the design phase and through the delivery of the GMP and sk- present estimates and value analysis to the Owner/User and A/E. He will insure that all team members have consistent and current data for scope/budget alignment. Rosa Dalbow -Assistant Project Manager Ms. Dalbow is very knowledgeable about a wide range of mechanical systems. Her management experience includes reviewing submittals, processing RFI's, coordination of trades, equipment installation and quality control. Ms. Dalbow works with the owner and tiesubcontractors to ensure the smooth coordination and installation of all needed equipment. She will assist David Rush with the day-to-day management of the project, RFI documentation, schedule updates, shop drawing and submittal reviews, change order processing, daily communications and monthly status reports. Dale Wicker - Superintendtent Superintendent Dale Wicker brings more than 18 years of experience to the CPPI team. Dale's depth of experience includes successful completions of multiple high schools and fi middles schools in Florida. Dale will be directly responsible for all on-site construction activity, including quality control, project safety, management of on-site employees and coordination of site logistics. He will be responsible for the coordination of subcontractors as well as their adherence to the project schedule. He will work closely with David Rush throughout the duration of the project. Ur) #180 (;onstructiIli Management at Risk For I akosl Lore, Canter Fxpansinii El CPPI CMR'S QUALIFICATIONS r� List of CMR's key employees/project team members, their qualifications/resumes, and their role in providing the desired City services. CPPI is a full service construction management firm that provides a myriad of services"in-house". IN-HOUSE SERVICES PROVIDED ESTIMATING Coupled with our substantial relevant historical f : cost data based on similarly completed facilities, CPPI has a team of full-time Estimators who • `F. __I. — will provide estimates in intervals during all /-- programming, schematic, design development, and construction document phases of design. _,..„ : Our GMP will be accompanied by a detailed report, including:GMP summary,detailed line item estimate, qualification and clarification, project allowances, Ocontract document list, and schedule, 0 ... ......."....... 40 CPPI has a full-time Scheduler who will develop a project master schedule, including all construction activity sequences. We will work . k� -4 with the County and design teamon a schedule of progress, including . r. , specific milestone dates and review periods and a list of deliverables BIM (BUILDING INFORMATION with due dates. MODELING) CPPI has a full-time BIM Manager who has �MT implemented Building Information Modeling - �_. into our every day practice, utilizing Autodesk "Revit" Suite of products. We are currently ". ` ;,+ utilizing the software to generate building ( models with a level of detail sufficient for .. ._-. �e. . n..a `111 clash detection between the building structure CONSTRUCTABILITY REVIEW and mechanical, electrical, plumbing, and fire Throughout the design phase, we analyze the project documents focusing protection (MEPFP)systems. largely on structural systems,building envelope and site work.As the design CPPI performs this service for all projects, develops many other opportunities will present themselves as we evaluate other means and methods of delivery in the details of subsystems. While regardless of the software utilized by the the whole design and construction team will have input, the Director of Architect or Engineer in designing the project. O Preconstruction and the project architect will specifically lead the effort. SAFETY MANAGEMENT Q MEP/FP COORDINATION CPPI has a dedicated Safety CPPI has a full-time MEP/FP Coordinator who has Manager who provides all of established a protocol to ensure delivery of a proper our employees with guidance working HVAC and Fire Protection system. He will develop and support in job site safety. a Commissioning plan to verify that the systems operate He works closely with the normally after installation and adhere to design criteria. Superintendents to ensure that all proper safety measures are being taken at all times. The Safety Manager will visit the job site weekly to monitor compliance, and monthly to hold safety inspections. CMR'S QUALIFICATIONS CPPI 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. V dig 411 all Yw i LICENSE&CERTIFICATE Jason Morgan Certified General Contractor- CGC PRINCIPAL IN CHARGE / PROJECT EXECUTIVE 1510766 Certified Underground Utilities Con- Mr. Morgan provides project overview and assists in coordination at all points tractor- CUC1224544 for the project. He will make sure all the resources are in place to deliver a successful project. Jason is an active Principal who will work with the City of LEED Accredited Professional Ocoee to ensure the project is successful. US Green Building Council • Provides principal leadership and direction for all phases of the project • Expert in project development and delivery TOTAL EXPERIENCE • Assistance with strategic decision-making, establishment of project 23 Years budget information, design review, preconstruction monitoring and finalizing contractual arrangements EDUCATION RELEVANT EXPERIENCE University of Florida Bachelor of Science in Project ns^ Cost Building Construction UF Health Cancer Center Project 1 Health Central Hospital $15.2MM Patient Tower Addition&Emergency Health Central Hospital $38MM Department Expansion/Renovation Force Protection Project Central Florida Research Park $9.1 MM Dr.Kiran Patel Center for Global Solutions University of South Florida $18.8MM Student Union Expansion University of Central Florida $15.2MM District Energy Plant IV University of Central Florida $10.5MM Research 1 University of Central Florida $38MM Hazardous Waste Expansion University of Central Florida $1.8MM R.B.Cox Elementary School Pasco County Schools $5.5MM Shady Hills Elementary School Pasco County Schools $5.2MM Lake Whitney Elementary School Orange County Public Schools $6.6MM Dream Lake Elementary School Orange County Public Schools $14MM Cypress Park Elementary School Orange County Public Schools $15.4MM Engelwood Elementary School Orange County Public Schools $14.9MM Stone Lakes Elementary School Orange County Public Schools $13.6MM RFQ#1801 Construction Management at Risk For Lakeshore Center Expansion El CPPICMR'S QUALIFICATIONS I 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. : � m ,,� MINIM..11 1016 ; II 11; — P r `tea,...�, aiik,-^ --. .!•1 11 ju , ,A,... iv 4 1 LICENSE&CERTIFICATE Glenn Mullins LEED AP, BD+C DIRECTOR OF PRECONSTRUCTION Green Globes Professional Mr. Mullins is a Vice President and has 36 years of construction experience.He CMAA, Certified Construction is directly responsible for all preconstruction activity on all projects. Manager • Presents estimates and value analysis to the Owner/User and NE TOTAL EXPERIENCE • Coordinates project team activities during the design phase and through 36 Years the delivery of the GMP • Scope/budget alignment EDUCATION University of Florida RELEVANT EXPERIENCE Bachelor of Science in Project Owner Cost Building Construction — — -UF Health Cancer Center Project Health Central Hospital $15.2MM Patient Tower Addition&Emergency Department Health Central Hospital $38MM Expansion/Renovation RTS Transit Facility City of Gainesville $32.6MM Public Defender's Office&Court Support Services Alachua County $3.9MM CRA Administration Building Gainesville CRA $.8MM Lake County Judicial Center Complex Lake County $80MM Deltona Regional Library Volusia County $8.7MM Engelwood Elementary School Orange County Public Schools $14.9MM Force Protection Project Central Florida Research Park $9.1 MM Dr.Kiran Patel Center for Global Solutions University of South Florida $18.8MM Student Union Expansion University of Central Florida $15.2MM District Energy Plant IV University of Central Florida $10.5MM Research 1 University of Central Florida $38MM Hazardous Waste Expansion University of Central Florida $1.8MM R.B.Cox Elementary School Pasco County Schools $5.5MM j Shady Hills Elementary School Pasco County Schools $5.2MM Fort McCoy Elementary School Marion County Public School $2.3MM RFQ#1801 Construction Management at Risk For Lakeshore Center Expansion CPP1CMR'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. LICENSE&CERTIFICATE David Rush Certified General Contractor SENIOR PROJECT MANAGER Florida CGC042178 TOTAL EXPERIENCE Mr. Rush will be the liaison for the owner, architect, superintendent and 38 Years contractors on the job. EDUCATION • Provide executive overview University of Florida I • Review budget, schedule and attend monthly project update meetings Bachelor of Sciences, I • Provide leadership of administration, business interactions, construction Building Construction operations RELEVANT EXPERIENCE Project Owner Cost UF Health Cancer Center Project Health Central Hospital $15.2MM Patient Tower Addition&Emergency Department Health Central Hospital $38MM Expansion/Renovation Ocala Summerfield Free Standing Emergency Room Hospital Corporation of America $5.2MM Lakewood Ranch Free Standing Emergency Department Hospital Corporation of America $7.4MM Newberry Free Standing Emergency Department Hospital Corporation of America $6.7MM Millhopper Free Standing Emergency Department Hospital Corporation of America $6.5MM Pensacola Free Standing Emergency Department Hospital Corporation of America $5.2MM Universal's Islands of Adventure Universal Studios $24.5MM Grand Bay Condominiums and Clubhouse Grand Bay $22MM DeVRY Institute of Technology DeVRY University S12.3MM Hilton Grand Vacations Hilton Hotels $7.5MM Brevard County Government Operations Center Brevard County $18MM Sheraton Orlando Studio City Renovation Sheraton $10MM Brevard County School Board Facility Brevard County $9.7MM Millenia Lakes Office Building Millenia Lakes Orlando $27.5MM Miramar Centre Office Park Development Miramar Centre $30MM Woodland Heights General Hospital Woodland Heights $7.2MM RFQ#1801 Construction Management at Risk For Lakeshore Center Fxpansion CPPICMR'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. ,1**. • TOTAL EXPERIENCE Rosa Dal bow 13 Years ASSISTANT PROJECT MANAGER EDUCATION University of Florida Ms. Dalbow will provide an interface between CPPI and architects, Bachelor of Sciences, subcontractors, and owners to ensure continuity of project objectives during History j pre-construction,construction and close-out. • Review shop drawings and change orders, finalizing contractual arrangements, monitoring project activities, processing RFI's • Takes and distributing minutes for meetings with owners, architects, engineers and subcontractors. • RELEVANT EXPERIENCE Project Owner Cost UF Health Cancer Center Project Health Central Hospital $15.2MM Patient Tower Addition&Emergency Department Health Central Hospital $38MM Expansion/Renovation Lake Whitney Elementary School Orange County Public Schools $6.6MM Dream Lake Elementary School Orange County Public Schools $14MM Cypress Park Elementary School Orange County Public Schools $15.4MM Engelwood Elementary School Orange County Public Schools $14.9MM Science-Health Building Lake Sumter State College $13.1 MM Operating Room Expansion South Florida Baptist Hospital $7.5MM RFQ#1801 Construction Management at Risk For Lakeshore Center Expansion CPPICMR'S QUALIFICATIONS List of CMR's key employees/project team members, their qualifications/resumes, and their role in providing the desired Crs'services. CMR's and key employee's/project team members'certifications and licenses with regulatory agencies,professional organizations, etc � •, may, 41— s o { HI JI III a 4 ..a.!(ulsg� r..k 0 • LICENSE&CERTIFICATE Dale Wicker OSHA 30 Hr. Safety Training SUPERINTENDENT Hazwoper 40 Hr. Certification TOTAL EXPERIENCE Mr. Wicker will be directly responsible for all on-site construction activity for the project. Mr. Wicker will serve your project from the beginning through 18 Years completion • Responsible for quality control, project safety, management of on-site employees and coordination of site logistics • Coordinate all subcontractors as well as their adherence to the project schedule • Works closely with David Rush & Rosa Dalbow throughout the duration of the project RELEVANT EXPERIENCE Project Owner Cost RTS Transit Facility City of Gainesville $32.6MM I Lake County Judicial Center Complex Lake County $80MM University High School Volusia County Schools $95MM Lake Minneola High School Lake County Schools $44.9MM R.B.Cox Elementary School Pasco County Schools $6.3MM Triangle Elementary School Lake County Schools $10.3MM I Tavares Elementary School Lake County Schools $10.9MM Tavares Middle School Lake County Schools $4.6MM Fort McCoy Elementary School Marion County Public School $2.3MM Cypress Park Elementary School Orange County Public Schools $13.2MM Business Administration Quinn Hall University of South Florida $7.2MM Brooks College of Health University of North Florida $10.1 MM Science and Math Building Lake-Sumter State College $8.9MM Business Administration Quinn Hall University of South Florida $7.2MM RFQ#1801 Construction Management at Risk For Lakeshore Center Expansion CPPICMR'S QUALIFICATIONS I List of CMR's key employees/project team members, their qualifications/resumes, and their role in providing the desired City services. CMR's and key employee's/project team members'certifications and licenses with regulatory agencies,professional organizations, etc. License: ............................ STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD " 't'' LICENSE NUMBER -> ik f CGC1519789 „4 +ys ,1 The GENERAL CONTRACTOR '',`:• , .., Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31,2018 • WEINGART.BRECK ALLEN ❑ CHARLES PERRY PARTNERS,INC .. ltd• , 8200 NW 15TH PLACE ,,,,, _ a-w^�, r-,,,,:,,,,,,,.,"-.I,7 ,, _, .y'1 vl ; GAINESVILLE FL 32606 •�''. - _. t:e. .$ . • DY` ISSUED 08/14/2016 DISPLAY AS REQUIRED BY LAW SEQ# L1608140004095 Article of Incorporation: State of Florida Department of State I certify from the records of this office that CHARLES PERRY PARTNERS, INC.is a corporation organized under the laws of the State of Florida,filed on April 8,2011. The document number of this corporation is P11000035219. I further certify that said corporation has paid all fees due this office through December 31,2017,that its most recent annual report/uniform business report was filed on January 3,2017,and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee,the Capital,this the Third day of January,2017 K „ ,. ,, ,:.,,,,,,, r;1 a r VIA.14.N7:1 _ __044A__ �ti` : .�.' Secretary of State Tracking Number:CC1707997678 To authenticate this certificate,isit the following site,enter this number,and then follow the instructions displayed. https://sen icessunbiz.org/Filings/CertificateOfStatus/CertificateAuthenticatioo REQ#1801 Construction Management at Risk For Lakeshore Center Expansion El i 'CPPI CMR'S QUALIFICATIONS Provide a project staff organization chart for the entire CMR team, The passion flower logo is I40 copyrighted by the City of Ocoee ILL and is used wth permission, *%6 .. ,./141P* ocoee florida EXECUTIVE OVERSIGHT Principal in Charge/ Project Executive CORE TEAM Jason Morgan 22 years experience VP of Preconstruction lr E it li Glenn MullinsKM Ar, SUPPORT TEAM 36 years experience r,,,,,., .,a Director of Preconstruction Senior Project Manager II Dickson David Rush 1Narf, 23 years experience °°" 38 years experience MEPFP Coordinator Assistant Project Manager , Lee Halt = Rosa Dalbow 19 years experience II • 13 years experience Safety Manager Superintendent Austin Weingart Dale Wicker 15 years experience 18 years experience 4 CPPI GREEN CONSTRUCTION Charles Perry Partners, Inc. is committed to the construction of projects that are sustainable and environmentally friendly. Sustainable building can provide numerous benefits that will CERTIFIED TEAM MEMBERS ultimately keep operating costs lower while reducing waste. Ull LEED AP BD+C A thorough cost/benefit analysis is the key to successfully integrating sustainable practices into the design and construction • Gleen Globes of a facility, including LEED or Green Globe Certification. Early of design decisions made with the understanding that sustainable practices are desired will help to determine the best options available with minimal cost impact. RFQ#1801 Construction Management at Risk For Lakeshore Center Expansion El çCPPICMR'S QUALIFICATIONS I 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, -' -- Iii 1 '" -,-;,----,1,-;:-...II -, - . ' [0 * v � rik t '7314 i ':1 w '4, g 7,1 . 141 11 It: ,.. _....... • . _ ri , .• 1 ' i ,�z`" 3 t •y - , .......„ ...„ ....., .: ,.. am �. l r„ofria. ~"'+.`. .. : , em 00 I : _ .....,7 ; po,...::: ,.. :' ; '',.' ' 1 . 111 00 i......_„...... 1 fid:• t GOVERNMENT CONTRACT EXPERIENCE CPPI has performed Construction Management Services at Risk for multiple government entities throughout the state of Florida including: Flagler County, Duval County, Putnam county,Suwannee County,Volusia County, Gilchrist County, Hamilton County, Marion County, Lake County, Alachua County, City of Gainesville, Columbia County, Dixie County, Orange County, Clay County, St. John's County, Pasco County, Lake Sumter, Department of Management Services, Department of Juvenile Justice and the Department of Veterans Affairs. The following pages are a small sample of our vast experience similar in scope to the Lake Shore Center Expansion project. REQ#1801 Construction Management at Risk For Lakeshore Center Expansion 10 CPPI CMR'S QUALIFICATIONS I HEALTH CENTRAL HOSPITAL Patient Tower Addition & Emergency Department Expansion/Renovation "y" delivery method: Construction Management _�. x�,d �lKj °' owner: Orlando Health Todd Duncan Todd.Duncan@healthcentral.org 321-843-7000 d architect: RLF Architects .dam► Steve Hingtgen smh@rlfae.com =a __ ,, 407-730-8600 " . �: �, completion date: January 2017 project type: Expansion / Renovations r project size: Expansion - 65,000 SF o '' Renovations- 13,451 SF � �° ��>>; ` project cost: $38,000,000 ,' description: This project consisted of the construction of a new 29,078 .ate � � - square foot space that connects the existing Emergency Department and renovations of 13,451 square feet of d �xt _ existing space at Health Central Hospital. gip . The project includes a new 4-story patient tower above �� rt 11 the new ED space.The new spaces required infrastructure upgrades to the existing Central Energy Plant. Upgrades .� included new paralleling gear, chillers, cooling towers and pumps. Due to the hospital remaining fully active during the .� construction, multiple road closures had to occur in order to ` • � �� receive deliveries. Coordinating with the hospital to re-route �_ ti . the incoming ambulances was also a unique obstacle that CPPI oversaw successfully. CPPI's management over the � � entire site was crucial as all materials,tools and equipment pttitl gt� � �q w e y •rikq:,..... .... '..1' i • „.P;t1 � � had to bequickly tied down at a moment s notice should an - Emergency Helicopter have to make a landing. CPPI overcame this by maximizing our communication with the Hospital and relaying that information to site crews _..."--z----. efficiently and quickly. Weekly OAC meetings with the Owner, Architect, Engineer, Facilities and CPPI personnel helped coordinate through the logistics for the above mentioned and countless other activities. REQ#1801 Construction Management at Risk For I nkeshore Center Expansion Ei CPPICMR'S QUALIFICATIONS ALACHUA COUNTY BOARD OF COUNTY COMMISSIONERS r °y '.'i';''''' Public Defender's Office 3 A1, ,_i., & Court Support Services . 1 LL ,..-��" -,. r r fir z _ delivery method: Construction Management 2 e� si t - owner: Alachua County Facilities i t '� `"1 I ,1,0,4 Greg Nuetzi (352) 384-3017 iselfirimit architect: Brame Heck Architects Inc. Billy Brame (352) 372-0425 •„= � completion date: October 2016 4. .4.111:' - project type: New Construction F lc il project size: 21,360 SF } , " - project cost: $3,901,799 description: �; Public Defender's Office & Court Support Services project consisted of the construction of a 21,360 SF building on the northwest side of the Alachua County judicial complex. �!itoo I, I The building serves as the Public Defender's Office and also IN, offers additional court support services. The construction � of this new facility freed up the previously used facility for other uses by Alachua County. x e ` irl p( . '. , The new facility is LEED Certified. 1 v. f M '' rig O, `rill' _ a R“.rr li 1 I i r' .. . , 1 it, This project was the culmination of a decade of planning z ' - ®� i� ' ` ' by Alachua County to relocate and centralize the offices p �_� '\n t 0 tear- , of the Public Defender. Because of the sheer number of individuals affected by this move, excellent communication 4.,..-,W � was essential to ensure a smooth process. �� t �` The focus was always for CPPI to be a "good neighbor” ', � ' �' working inside of the courthouse's secure parking lot and e..,,,,,,..�� even more secure Judge's parking garage.This parking lot 1100111 ' was utilized by Alachua County Sheriff's office personnel, courthouse facilities personnel, and administrative staff. <<„ a r y .ter :; r- -- .. RFQ#1801 Construction Management at Risk For Lakeshore Center Expansion in CPPICMR'S QUALIFICATIONS I , ORANGE COUNTY PUBLIC SCHOOLS '' Engelwood Elementary yom k' �'++ 9I School II delivery method: Construction Management owner: Orange County Public Schools Roberto Pacheco (407) 317-3700 architect: Rhodes& Brito Byron Lastrapes (407) 648-7288 completion date: August 2017 .4°.=..„. : project type: New Construction project size: 81,694 SF 1 .. project cost: $14,598,872 ip p n. description: Englewood Elementary School is an 87,694 Square Foot new multi-story prototype school building constructed on a 10- . fili site. Built on the playfield site of the adjacent middle �l' 17 ' � :. � school, CPPI demolished the existing fields and constructed _ � the new facility while the existing elementary and middle �� schools remained occupied. �r _ Through careful coordination and open communicationwiththestaffandsurroundingcommunity, CPPIcompletedthe newfacility with the leastamount of disruption to the daily '�� tR,U k 9t3 i�.x it " activitiesofthecampuses.zoilrt`:14...vr,,,,----•/ The new school includes classrooms, skills and resource labs, art and music classrooms and collaborative spaces. � 1'� s; �� � I��'� In addition, the facility has an administrative suite, kitchen, �> Ai11� !� °� " � , dining/multi-purpose room, support spaces and a media �� - 0 center with at testing room. The new facility is designed to i 1„, — �- accommodate 837 student stations. „0„.4,',,q, '' ,, , E 1 t i 1 ,i pay f * RFQ#1801 Construction Management at Risk For Lakeshore Center Expansion ...scppi CMR'S QUALIFICATIONS UNIVERSITY OF FLORIDA ;� :/ Samuel P. Ham Museum of :7m 1 _t:::,,,ft. 3 :.... 4,614,:e,,, �. ,�r�si :. Art's David A. Cofrin Asian � � �' �..�-ice �C Art Wing 4 ries , ; ,,.� a I r v °" * r4 �� • -" delivery method: Construction Management :E = -,f � - , e owner: University of Florida Cydney McGlothlin (352) 273.4028 '' r$�s ..,1,3. 1'`i , v.- ,, architect: Kha Lee Huu & Partners ill�, Kha Lee Huu r� /III 11111110011111 I� - (407) 894-0474 -' 1 A.,=MIMI -k completion date: December 2012 � # project type: Addition/Expansion 7. e . , ; , ` . 1 brjacia r °. ,. project size: 26,019 SF - �' ` project cost: $14,063,550 description: The Samuel P. Harn Museum of Art's David A. Cofrin Asian Art Wing at the University of Florida is a $14 million, three- - story, 26,000-square-foot addition that features works from China, India,Japan, Korea, and South and Southeast Asia. � t The new facility houses Asian art galleries,a mezzanine suite �'"'"" - i on the upper level for event space, curatorial and museum t P, activities as well as art storage and conservation space on ,:. ,.; 6' - s ;`t Iiirr.. the lower level. It includes Asian-themed gardens designed 111%.x by Hoichi Kurisu of Kurisu International. - ate ,� y � � `'- This project was completed during a condensed schedule, and it is LEED Gold registered. J n l VIP REQ#1801 Construction Management at Risk For Lakeshore Center Expansion El CPPICMR'S QUALIFICATIONS UNIVERSITY OF CENTRAL FLORIDA Dining Facility - Orlando, FL .,;.` delivery method: Construction Management owner: University of Central Florida Scott Werley (352) 273-4028 architect: BRPH Jerry Benitez (407) 228-0544 completion date: March 2017 -= ,- project type: New Construction '' project size: 3,500 SF I $ , eproject cost: $2,256,725 -fi ... � __ description: 0 41t The UCF Dining Facility is the only free standing food 1-.4 , x , service building on UCF's Main Campus. It was strategically I = ., �- positioned to serve the large student population living in the -.. n x dormitories located in the Southern part of campus. Two vendors occupy the space, Polio Tropical and Café Bustello, offering patrons plenty of variety throughout the entire day. The facility was designed to aesthetically compliment the surrounding University structures. Radius feature walls and multiple exterior finishes were implemented in order for this i facility to `fit-in' with its academia neighbors. Indoor and outdoor seating is providing along with a quick walk-up service window for those in a rush to get to class. 4 f� s ,.ter '_- a. IL- RFQ#1801 Construction Management at Risk For Lakeshore Center Fxpansion 1111 1)i----\\ CPPI CMR'S QUALIFICATIONS List of at least three(3) client references to include organization name, contact person, telephone number(s), and e-mail address. ALACHUA COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC DEFENDER'S OFFICE & COURT SUPPORT SERVICES - GAINESVILLE, FL $3,901,799 4 .~ 21,360 SF 4 :' COMPLETED: OCTOBER 2016 ' Alachua County Facilities • •E, '' I" Greg Nuetzi, (352) 384-3017 '. ,ex 35 N. Main Street Gainesville, FL 32601 . IORANGE COUNTY PUBLIC SCHOOLS '", E ENGELWOOD ELEMENTARY SCHOOL - ORLANDO, FL $14,598,872 87, -4 •• 694 SF 41 - ~�_ COMPLETED:AUGUST 2017 �. a *OCPS does not provide owner references , _ Architect L Rhodes& Brito Byron Lastrapes, (407) 648-7288 605 E. Robinson Street, Ste 750 Orlando, FL 32801 Gainesville, FL 32604 RFT, ' ,. UNIVERSITY OF CENTRAL FLORIDA DINING FACILITY - ORLANDO, FL $2,256,725 —' 3,500 SF COMPLETED: MARCH 2017 Scott Werley, Project Manager Facilities Planning& Construction (407) 823-0480 scott,werley@ucf, Building 16 3528 Perseus Loop Orlando, FL 32816 HEALTH CENTRAL HOSPITAL PATIENT TOWER ADDITION & EMERGENCY DEPARTMENT EXPANSION/RENOVATION $38,000,000 x '' EXPANSION - 65,000 SF = ` fp,it" r RENOVATIONS - 13,451 SF ,-, ..„—; 1- *.:..'._ . .,,.'. .'- „,ot y' - COMPLETED: JANUARY 2017 iii_ �. - - Todd Duncan Todd.Duncan@healthcentral.org 321-843-7000 RFQ#1801 Construction Management at Risk For Lakeshore Center Expansion 133 ,, ,,,..„,..\ CPPI CMR'S QUALIFICATIONS I , 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. With a staff of over 190 employees and database of hundreds of prequalified subcontractors,CPPI has the resources available to meet the time and budget requirements of the Lakeshore Center Expansion project. CURRENT WORKLOAD —Orlando office Status Project Name Contract Type Owner Start Date Cost Size Architect/Engineer Completion Date PrecoOCPS Site 25-E-SW-4 ES Orange County Start:5/2018ion Relief Project - f AI Public Schools Start: $15.6M 88,900 SF BRPH Completion:4/2019 Health Central Hospital/UF Orlando Health/UF 25 Construction Health Cancer Center Project CM Health Start:6/2017 $15.2M 32,843 SF Hunton Brady Architects Completion:5/2018 University of Central 2 Construction Student Union Expansion CM Florida Start:8/2017 515M 20,500 SF Zyscovich Architects Completion:6/2019 10%Construction Cypress Park Elementary CM Orange County Start:6/2017 5I3.2M 41,0.50 SF—new Song&Associates School Public Schools 21,480 SF—renov. Completion:7/2018 65%Construction University of Central FloridaCM University of Central Start:3/2017 510.4M 10,006 SF Rogers,Lovelock&Fritz, District Energy Plant IV Florida Completion:12/2017 Inc.(RLF) Orange County 15%Construction OCPS Dover Shores ES CM Public Schools Start:6/2017 $15.9M 65,650 SF Rhodes+Brito Completion:5/2018 Seminole State College Seminole State 80%Construction CM Start:8/2016 $20M 75,554 SF Song&Associates Student Academic Center College Completion:11/2017 University of Central Florida 90%Construction Phase 1- Phase 1—70,357 Research 1(Formerly known University of Central Start:1/2016 523,503,606 SF as Interdisciplinary Research CM Florida Completion:Phase I— Ponikvar&Associates,Inc. p rY 7/2017,Phase 2— Phase 2- Phase 2—39,218 Facility) 1/I The proposed team is 100% committed to the City of Ocoee and will be available throughout the duration of the project. REQ #1801 Construction Management at Risk For r akeshore Center Fxpansion Ell CPPICMR'S QUALIFICATIONS Project Approach:Briefly describe the CMR's understanding of the project and how the CMR would accomplish this work. The CPPI Construction Management `philosophy revolves around the relationship ---mftk..,.. ` , i,.....„ of the members of the project team. City "'"`- ___ "" Alla of Ocoee, the NE and the CPPI must work .. as an integrated team of professionals providing mutual support. Design, Cost and Schedule issues must be constantly managed together as each decision is made through the project delivery process. It is essential that these issues are dealt with 1 •' in a proactive manner which enhances the avoidance of ..�.. problems rather than simply problem solving. 4 CPPI believes that quality does not happen by accident. It begins with an experienced, committed project team and continues with the establishment of specific quality goals and the monitoring of the total delivery process through project management. Our program is proactive with thorough planning and scheduling throughout the process. The team we are proposing is committed to be involved in every aspect of design and construction as it relates to this project. TEAMBUILDING CPPI has developed a comprehensive project approach During the Design Phase, the key to assuring that plans for the Lakeshore Events Center expansion including our and specifications are fully complied with is to begin the preconstruction approach to develop a Guaranteed Maximum management process of from day one. CPPI will initiate Price through construction completion. We outline our services a system in which we communicate directly with the below, beginning with our Teambuilding session, architect/design team to ensure that project documents are developed clearly and in a manner that eliminates Charles Perry Partners, Inc. (CPPI) believes in being deliberate confusion or misinterpretations. Our goal is to find the in building way to produce the desired results, not just one of the team so the team is successful. As Construction convenience. Mangers, we are responsible for the project budget, schedule and quality, We need to build trust, facilitate communication The focus during construction shifts to the actual and be accountable to the construction team so we can deliver management of the work being performed. Our the best product to you,the Owner. approach during construction is error avoidance. You get what you inspect - not what you expect. The long term There are three main factors that define high performing teams: importance of quality must not be sacrificed for the short Trust, Communication and Accountability. We begin each term needs of the budget and schedule constraints. CPPI project with a session that will include your key representatives, implements a project management program to ensure Rhodes+ Brito's designers and engineers,our project team as that Owner expectations are met. well as key trade partners in a session desired to help to foster CPPI combines our company resources with our collaboration and communication throughout the project.This construction expertise to manage the performance and teambuilding session touches on four main components: delivery of a project. The culmination of this is detailed • Teambuilding activity record keeping and reporting systems that keep the • Interpersonal skill training(we use the DISC behavior styles team and City of Ocoee informed at all times. in a fun interactive way) • Unifying Goal - How do we take our individual goals and Our project management procedures will be unify them into one implemented and maintained such that the project team • Project Focus-determine how to achieve these goals and knows at all times what is happening, what happens anticipating obstacles next, and who is responsible. Clear and precise records and documentation will be maintained throughout the progress. RFQ#1801 Construction Management at Risk For Lakeshore Center Expansion 1111 CPPICMR'S QUALIFICATIONS Project Approach:Brolly describe the OMB's understanding of the project and how the CMR would accomplish this work, PRECONSTRUCTION _ � ` Although more visible activity occurs during the -- 1 4. • ___ 4 . construction phase of a project, the services i •--- performed during pre-construction will have an ...--7-.7.7t-_"- �' . enormous impact on the ultimate success of this _ _j6 AIM �; project. -; , SACO -..-- T i The following is a synopsis of the services that are involved ys, _ i? �'==----s..2---• W in this important initial phase of the project. • Constructability Review - Review plans and '`, , --�-- i i-,L-.. ., ) specifications for systems and detail coordination, , ' ', , err, .,-,. material selections, cost efficiency of design, i � « systems conflict resolution value engineering — seek opportunities to reduce cost and time without sacrificing Constructability Constructability is initiallylReview ty analyzed during the quality and goals of the owner. design phase by the core team to assess any potential construction sequence or system conflicts. • Life Cycle Cost Analysis - Analysis of facility cost of Addressing these issues ensures that the proper ownership. Review systems for initial cost, operations construction materials and systems are used for the and energy costs, maintenance costs,and replacement project. Our experienced team has the resources cost. and knowledge to ensure that all areas of concern are addressed before they become detrimental to • Iterative Estimating -Timely and continual budgetary construction. Any issues that are discovered are feedback in regards to proposed design options. discussed between the owner and our core team and then addressed in the development of the • Development of GMP - Presentation of total cost of Contract Documents. project. Provide a list of possible cost saving options . ,. - which were identified during bid process to owner for consideration. .._ 111 • Scheduling- Includes permitting,design,construction, post occupancy and key milestones such as foundations, , _ building dry-in, long lead-time deliveries, permanent e , power,substantial completion, and owner occupancy. • Subcontracting Plan - Inclusive approach to engage pre-qualified local contractors, minority and non- minority contractors. Rigid prequalification of firms === ____ occurs at this stage. Simple Finish Materials Board: • Competitive Bidding - Development of bid scope documents to include scope definition, invitation to bid, Level of Finish bid proposal form, sample contract format, schedule It is important to determine the level of finish narrative with key dates defined, description of work, expected in a facility early in the design phase. work hours,and any additional special conditions. If this is not established early in the process, the finish will be an easy target for cost reductions later. In addition to this concern, it is important to • Scope Review Meetings - Review individual scopes verify that the expected level of fit and finish can be of work with respective trades subcontractors prior to accommodated by the programmed spaces while award. maintaining the scope and budget. RFQ#1801 Construction Management at Risk For Lakeshore Center Expansion Ill CPPICMR'S QUALIFICATIONS Project Approach;Briefly describe the CMR's understanding of the project and how the CMR would accomplish this work, CONSTRUCTION A successful preconstruction phase creates a solid foundation ,vi . 41 0 _ - , for construction activities to follow. Services provided once Q - construction has commenced include: _ _ 4ualit Site Mobilization - Define the limits of construction and c�`tr��program • , establish protection of public and authorized visitors. Ensure ' ' v jil proper separation is provided between active construction site - ---? -a f and occupied facilities. Wall Mock-Up • On-Site Preconstruction Meetings - Meetings with QUALITY CONTROL subcontractors,suppliers and other vendors. Our ultimate goal is to construct a superior system for • our client and for this reason, quality control is very • Establishment Of Project Schedule- Identify periods of time important to us, We view quality control as the result and/or activities that will require short term schedules and of applying technical ability, experience, and pride of set time span for look ahead schedules. For your expansion workmanship to the construction process. Throughout project to the Lakeshore Center, we know that it is critical our process, we enlist the best technicians to identify, to start construction immediately following your Spring Fling address and resolve potential issues. event and that completion is timely as you have planned events and bookings to fulfill. Prior to the start of construction, we will have a job • specific Quality Control plan in place designed for your • Maintenance Of Project Budget - Review of real time cost project. projections. The Lakeshore Center QualityControl plan will include: • On-Going Safety Inspections-Lead by CPPI's Safety Director. • The Superintendent will serve as the Quality • Coordination -All construction trades and activities. Control Coordinator • Quality Control Program documentation is • Conduct Weekly Subcontractor Meetings-Review progress, generated and maintained schedule, pending submittals and discuss issues. • Resources are provided for all employees • QC Program, Documentation, Check Sheets and • Conduct Monthly Owner Review Meetings - Include all other QC related information is maintained on architect, owner's representative, any other key personnel an up to date data base that is accessible by all needed from month to month to ensure all parties are current employees with project status. • Open Communication with Project Management Team, subcontractors,suppliers,and • Publish Monthly Progress Report To Team - Includes manufacturers leading to better client relations documentation of progress with narrative and photos, and client trust identifies pending issues, upcoming milestones. • A system that can be audited for consistency and continuous improvement • Generate On-Going Punchlist - Eases project close-out • Cost savings through quality issue resolutions process. • A program that ensures the team continuously exceeds expectations • Provide Plan For Owner Occupancy - All the training is • A means for establishing the quality baseline with conducted by trained manufacturer representative, factory continuous improvement objectives service technicians, the subcontractor responsible for the system and representatives from our team. • Training For Building Systems - Include Owner and maintenance personnel. REQ #1801 Construction Management at Risk For I akeshore Cur Expansion 20 ' I CPPI CMR'S QUALIFICATIONS Project Approach:Briefly describe the CMR's understanding of the project and how the CMR would accomplish this work. Information Management Systems Expedition is our on-line software database that tracks all aspects of the job, from an updated RFI log to the meeting minutes at the last Owner's meeting. This software allows the owner to view the status of the job SCOPE at any given point.We track documents throughout the project to ensure that our team is always working with the current versions of the design team output. Innovative Technology- Communication CPPI brings the latest technology directly to the project site and field staff. Our staff utilizes tablets in the field which allows for immediate communication regarding all facets of the project. Instead of files in the office BUDGET SCHEDULE our team will have complete real-time access to files specific to the project directly on their tablets. i; CPPI and its subcontractors can access the entire schedule and the names and contact information of 4'°�°` every subcontractor and supplier partner working 1111111 .am on our project. This allows all project information toIli be accessible at a moment's notice and helps with -,_ _ r 4, _ portability, speed, and versatility. -.0 riip 14 . iiir rairsiorm i tell- j Daytona State College /®/� �. Mori Hosseini College Of Hospitality Management Project Size: 66,233 Square Feet fraitaaacratiaa a�a�o�°o 1 CLOUD SERVICES Project Cost: $23,452,604 am t. Cash Flow COP L. CPPI CLOUD SERVICES r1IP'r, CPPI has established a cloud network which allows �� immediate access for on-site construction staff a:.,;, as well as City of Ocoee officials to vital real-time • documentation including: • Submittals • RFI's , • Meeting Minutes - 4 • Email .41 • ODP '�� • QC Program ,. ,► • Safety REQ#1801 Construction Management at Risk For Lakeshore Center Fxpansion Ei I CPPICMR'S QUALIFICATIONS Project Approach;Briefly describe the CMR's undeistanding of the project and how the CMR would accomplish this work, Local Participation Scheduling Our team is well positioned to maximize the participation of CPPI believes that scheduling must be a total pre- qualified local subcontractors and suppliers for Lakeshore planning effort and management tools must be used Center expansion project. CPPI has been actively building effectively within the specified time frame of the project. projects at Health Central Hospital for three years. During this time we have gathered a database of quality CPPI's project schedules will be developed,implemented subcontractors that work in the Ocoee area. and updated by team members who are assigned to the project. We will continually monitor the project's The methods our teams will implement to solicit progress, adjust items based on actual progress and competitive bidding from subcontractors and vendors are: evaluate schedule activity sequencing to maximize any time saving opportunities. • Thoroughly review all aspects of the construction documents. Determine the project's scope of work, Our team will develop a project schedule that will include how they should be managed and any conditions preconstruction, design and construction activities. that require special attention. Develop the bid scope Our team will update the schedule during all phases packages to gain the most interest from the market. of the project to ensure all team members understand the importance of timely completion of assigned task. • Early notification of the subcontractors in our database Schedules are developed with Primavera Scheduling of the timing of the project so they can identify Software and provide real time affects to the project's available resources for this particular project. critical path. • Conduct local community outreach workshops and To maintain the schedule during construction we take "meet and greet functions". These functions are the following steps: conducted by our team to educate the subcontractor • Daily on-site activity and communication with trade market about the project and generate local contractors is recorded and documented subcontractor excitement.We have found this process • CPPI monitors areas in which each trade contractor is results in finding higher quality subcontractors and working, the number of workers on site, the quantity of better overall pricing. work put in place, and the site conditions • Utilize Primavera Scheduling software to track information • Execute a procurement plan and tailored scopes to that will be used consistently for reviews with team maximize local subcontractor opportunities on the members project while obtaining the most competitive price. • Formal reviews including evaluation of performance, a Our team is very well positioned to maximize the preview of upcoming work and critical items according participation of qualified local subcontractors and to the most current construction plan, and a review of suppliers for this project. potential changes • Two week"look ahead"schedules and coordinate this with Implementing these techniques will encourage more all contractors active on the site competitive bidding from subcontractors and result in better value for the City of Ocoee. Look Ahead Schedule The two week look ahead schedule,prepared and continuously TWOV 1 I'_ updated by the site superintendent, is used to plan and Prefect Name:] IMNOTREE It coordinate all subcontractor activity on a detailed basis over a F,,,.I,ns,aleo,,y m ' _ short period of time.It is also used to focus on specific portions of the overall project. 0.. O"`aSFE""� Act's/rhea a1,1 IDES WED FM SAT For instance, a two week look ahead schedule might be — CMS/Dat Prep IT RMI Low',ottage/Data S e o o T used to focus on critical path activities. It may also be used Painter Prime SIPaint �� to help contractors make up time if they have fallen behind, RI SEEck Install Tile in Baths S S ®0 - RlmRocF �0 5 or rearrange work to deal with the changing dynamics of the WW G.1, 1322311= rct aterTr000 5 � onsite work.The schedule basically defines the technical scope WW GayPrecision Fir e l wte Ion/T,lrn 5 a .-sort -.il of each activity to its lowest task level. ww Gay HVAC Trim S 9 9 Acoestl '',:,;19c:':',9,2:. _ CFD Cm-- RFQ#1801 Construction Management at Risk For Lakeshore Center Expansion 121 CPPICMR'S QUALIFICATIONS Project Approach'Briefly describe the CMRs understanding of the project and how the CMR would accomplish this work, Commissioning We establish procedures for commissioning during the early -� stages of the construction phase. Lee Hall, our in-house MEP coordinator, will set-up commissioning protocols t '1 with our subcontractors that provide a base line for our 7 j_ commissioning. �. They include weekly walk-through's to inspect the rough- z = - o �, ' in of buildings systems, equipment pre-functioning testing, e 1. equipment start-up, test the interface of building systems and review the building test and balance reports. Our 1 --- coordinators also provide analysis of the building systems _ .._ and assist the agent with the commissioning. These steps are performed to ensure the commissioning is a seamless ''.0111L process. • Owner Personnel Training • • TRAINING SESSION Our team conducts owner training on all building and site systems that UCF STUDENT DINING 4/4,2017 require periodical maintenance and adjustments. Our training sessions are performed onsite around the actual system the training is intended 5` for. We conduct the training utilizing pre-set agendas that correspond • with the manufacturer's recommendations. • All the training is conducted by trained manufacturer representatives, factory service technicians, the subcontractor responsible for the CHARLES PERRY PARTNERS, INC system and representatives from our team. Each session is recorded con„truc,fon Mar in9zn,ent , ri.:,(4.1,A1 I oenerdlC,C,tra, onto a DVD and included in the close-out documentation. The training www.c p p;.c a m sessions are conducted in a open manner and encourage interaction with 1968 the technicians and maintenance staff. •Warranty& Closeout Documents Our project close-out process actually begins with the commencement of construction. We require subcontractors to complete daily updates to the as-built drawings and provide in-depth pictorial review of the construction progress ensuring a clear understanding of the in-wall and above ceiling components.At the completion of the project we will submit all the required operating and maintenance manuals, warranties and attic stock in an organized fashion The documents will be bound for easy reference and include necessary contact info for warranty related service. We do our best to make sure that your move into the new facility is as seamless and unproblematic as possible. We conduct post occupancy reviews with the design team,contractors,owners and end users to ensure that everything works as it should and that the user group and owners are completely satisfied.The team handles all warranty issues, so in the unlikely event of a problem,you only have to call us to have the issue remedied. We provide a single point of contact for warranty related issues.This ensures the issue is remedied quickly and eliminates any miscommunication or misunderstandings. RFQ#1801 Construction Management at Risk For Lakeshore Center Expansion Egi OTHER FORMS II CPPI 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. J ( ALDORFFI INSURANCE&BONDING October 17, 2017 City of Ocoee Finance Department/Purchasing 150 N. Lakeshore Drive Ocoee, Florida 34761 RE:Charles Perry Partners, Inc. RFQ#1801,Construction Manager at Risk for Lakeshore Center Expansion To Whom It May Concern: This is to advise you that Waldorff Insurance & Bonding, Inc. provides bonding for Charles Perry Partners, Inc. Their Surety is Liberty Mutual Insurance Company, which has an A.M. Best Rating of A XV and is listed in the Department of the Treasury's Federal Register with an underwriting limit of$1,330,705,000. The home office address is 175 Berkeley Street, Boston, MA 02116. Charles Perry Partners, Inc. is a financially strong, well-managed company and it is a pleasure to recommend them to you for your consideration. They have an excellent reputation with architects/engineers, owners, subcontractors, and suppliers and are considered to be an exceptional contractor in the area. At this time, we would not anticipate a problem in bonding our client in the amount of$150,000,000 for a single project or$400,000,000 aggregately.The surety reserves the right to perform normal underwriting at the time of any bond request, including, without limitation, prior review and approval of relevant contract documents, bond forms, and project financing. If you have any questions, please do not hesitate to contact me. Sincerely, Paul A. Locascio LA Agent Trusted Chace' 1110 NORTHWEST 6th STREET PHONE 352-374-7779 GAINESVILLE,FL 32601 FAX 850-581-4930 W W W.W ALDORFFINSU RANCE.COM RFQ#1801 Construction Management at Risk For Lakeshore Center Expansion m CPPIOTHER FORMS Conflict of Interest Disclosure Form. et..A ilik‘Wer O( C)(-)(-' O!�dP RFQ CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their Proposal: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in the Proposer's firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this proposal. (Indirect ownership or benefit applies to any members of his or her immediate family.) Proposer certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Proposer agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Evaluation Committee members, and other key City employees and consultants involved in the award of this contract. According to Chapter 112, Florida Statutes, the term "conflict of interest" "means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest", and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration,management, instruction,research,or other professional activities. Please check one of the following statements and attach additional documentation if necessary: X To the best of our knowledge,the undersigned firm has no potential conflict of interest for this Proposal. The undersigned firm,by attachment to this form,submits information which may be a potential conflict of interest for this Proposal. Acknowledged by: Charles - r Partners, Inc. Firm ► .me Sig : ure Jason Morgan, Principal Name and Title(Print or Type) 11/6/2017 Date RFQ#180I Construction Manager at Risk for Lakeshore Center Expansion 19 RFQ#1801 Construction Management at Risk For Lakeshore inter Expansion Ea OTHER FORMS I I Confidential Disclosure Agreement for Public Building. Confidential Disclosure Agreement This Agreement is entered into by and between Charles Perry Partners, Inc. (hereinafter "Recipient") and the City of Ocoee(hereinafter"City"). Recitals WHEREAS City needs to disseminate certain building plans, blueprints, specifications, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a water treatment facility("design information"), in order for it to be designed and constructed pursuant to RFQ #1801 Construction Manager at Risk for Lakeshore Center Expansion (the"project"); and WHEREAS, such design information is exempt from public records disclosure requirements of Florida Statutes Section 119.07(1) and s. 24(a), Art. I of the Florida State Constitution. This exemption provides that design information made exempt by law may be disclosed to another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to a public building or water treatment facility; and that the entities or persons receiving such information shall maintain the exempt status; and WHEREAS the Recipient is willing to receive disclosure of the design information pursuant to the terms of this Agreement for the purpose of bidding on the project and/or performing design services; NOW THEREFORE, for good and sufficient consideration the Recipient agrees as follows: 1. The above Recitals are acknowledged by the Recipient and are incorporated herein by reference. 2. Recipient agrees that it shall prevent and protect the design information, or any part thereof, from disclosure as a public record and shall not disclose the design information to any person or entity other than one having a need for disclosure in connection with Recipient's authorized use of the design information for the purposes of submitting a response to the bid solicitation. 3. Recipient agrees to take all steps reasonably necessary to protect the secrecy of the design information, and to require all entities or persons receiving the design information to maintain its exempt status and to prevent the design information from being disclosed as a public record or coming into the possession of a person or entity that is not authorized. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 20 RFQ#1801 Construction Management at Risk For Lakeshore Center Expansion El I `CPPI OTHER FORMS II Confidential Disclosure Agreement for Public Budding, 3. Recipient agrees that all design information shall remain the property of City. All design information and all copies thereof shall be returned to the City not later than thirty (30) days after the bid opening together with a list of all of the names and addresses of all entities or persons to which the design information has been disclosed;or, in the case of a designer, not later than thirty(30)days after the project is finally completed. Dated this 6th day of November , 2017. RECIPIENT Signed: , Print Name:Jason Morgan Title: Principal Company: Charles Perry Partners, Inc. Address: 200 E. Palm Valley Drive,Suite 1040 Oviedo, FL 32765 Phone No: 407-977-2353 Date: 11/6/2017 Driver's License#: N/A RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 21 RFQ#1801 Construction Management at Risk For Lakeshore Center Expansion CPPIOTHER FORMS Company Information/Signature Sheet. COMPANY INFORMATION/SIGNATURE SHEET RFQ#1801 FAILURE 'TO COMPLY WITH THESE RFQ INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR QUALIFICATION PACKAGE. PLEASE SIGN BELOW ATTESTING THAI'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. Charles Perry Partners, Inc. 407-977-2353 COMPANY NAME TELEPHONE(INCLUDE AREA CODE) 407-977-2354 FAX (INCLUDE AREA CODE) iason.morgan@cppi.com E-MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT ' HORIZED S ' A RE(manual) I-ROM PURCHASE ORDER ADDRESS, ason Morgan,Principal PLEASE INDICATE BELOW: NAME/TITLE(PLEASE PRINT) 200 E. Palm Valley Drive,Suite 1040 STREET ADDRESS Oviedo, FL 32765 CITY STATE ZIP FEDERAL ID# 45-16013 Individual orporation )) Partnership Other(Specify) Sworn to and subscribed before me this 6th day of November 20 17 Personally Known or Produced Identification Notary P • - r. e •f (Type of Identification) Coun, of Pat ignature of Notary Public Printed,typed or stamped Commissioned name of Notary Public _moi h ;j;"•, CHRISTINA HAGIN IF,ti A Commission#FF 941145 �� Expi December 30,2019 P(,TY`'• Thu Troy Fan',wax*s00a s T019 RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 22 1 ,o\C„1,,,, Icppi OTHER FORMS Addendum Acknowledgement, if applicable. Nl:yor Commissioners Rusty Johnson John Grogan,District 1 `` �� Rosemary Wilsen,ner, District 2 City Nlanaeer _``\` �//��,,, Richard Fustner,District 3 Robert Frank Joel F.Iteller,District 4 ocoee florida October 31,2017 ADDENDUM NO: ONE(1) CITY OF OCOEE RFQ#1801 CONSTRUCTION MANAGER AT RISK FOR LAKESHORE CENTER EXPANSION This addendum consists of one(1)page,and shall modify and become a part of the original RFQ documents for CMaR fur Lakeshore Center Expansion. Respondents shall acknowledge receipt of this Addendum in the space provided on this Addendum.Failure to do so may subject the Respondent to disqualification. The RFQ due date remains the same. Answers to questions received and/or amendments to the RFP documents are as follows: Ql. Section B,Insurance Terms and Conditions.Number 7 indicates Owner's Protective Liability Insurance is required. We are requesting for#7 to be removed from the listed qualifications.Would these conditions be possible? Al. No,the City requires the contractor to provide this specific coverage. Q2. Please confirm that our firm is allowed to use the City of Ocoee's logo in our submission.If so,are you able to send me a copy of the correct logo for our use? A2. Yes,the use of the City of Ocoee logo shall be limited to vendors applying the logo to formal Bids or Proposals to be submitted to the City pursuant to a competitive solicitation by the City.The logo is available on the City's website or in the header of this Addendum,no separate file will be provided.If you use the city's logo,you should include a statement that reads,"The passion flower logo is copyrighted by the City of Ocoee and is used with permission." Amendment 1: Confidential Disclosure Agreement,pp.20-21 of the RFQ: Please write in"N/A"or"Not Required"in the blank for the Driver's License Number as this information is no longer required. 090 o] CPPB Purchasing Agent cc:Evaluation Committee All respondents sh ��knowledge this addendum in your qualification package by completing the section below and incl7li g in 'ection D.II.Submittals-Other Forms. Respondent: Ghharle,,//Perry Part •rs, Inc. r Signature: if_ ___ Name: J on Morgan Title: Principal RFQ!#1801 Construction Management at Risk For Lakeshore Center Expansion Ea OTHER FORMS II CPPI Minority Business Enterprise Certification for the CMR firm, if applicable.Attach copy of State of Florida or County MBE Certificate. N/A REQ#1801 Construction Management at Risk For Lakeshore Center Expansion 30 CPPIOTHER FORMS II 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. CPPI served as the construction manager for the Chemical Engineering Building at the University of Florida (UF). Following the completion of the project in 2011, concrete cracks and signs of building movement were discovered. UF is currently evaluating the cause(s) of the building movement and related cracking but it appears these conditions are design related and due to highly expansive clay soils beneath the Building's footprint causing soil heave (uplift). The University of Florida has not determined who it believes is responsible for the issues but has named all parties on the contract in the suit to avoid a statute of limitations problem. CPPI is one of several defendants and while the problem is believed to largely be a design issue, CPPI is working to facilitate an early resolution by trying to bring all of the parties together for an early mediation to find a non-litigation solution. This is in-keeping with CPPI's firm philosophy to be a solutions-oriented contractor rather than claims-oriented contractor. This lawsuit has not affected our current working relationship with the University of Florida and we remain one of their contractors of choice. As stated by UF's spokeswoman Janine Sikes;"We have longstanding relationships with many of these vendors,"Sikes said. "We filed the lawsuit basically to reserve our rights. But basically the University is hopeful that this can be resolved amicably." RFC #1801 Construction Management at Risk For I nkeshnre Center Fxgnnslon lal a. avg cc/3 cncn = z.Q OM a)06 CD Io1 1 LLI � r Q•O'F's V •O U I...•_, /� till) C V Z O ? z 0 0 5 Cl) �f /�,� J IEo `� C 1 C ova, Co,V ca � UE c� n W — ca ° a) E— a' c CX) co C c C., o o C o Z o = � ,_ oIs= V • • I _ .- 0 s limo — ca o v = O = ■. la �� E� m ik Cn cu ;z•no =M Ea) C4 "' O Q U O r--� ' W 0 N V c a� m a'c �;i W oo � = a, Z -t-,=" ': i ,.r >. : •s C.) • • • CC a) m Q o t 0 O Q o c LI- c) a Wmci) m CC Q N- Q G O Jsimm CC CO W W _ V C cc CNI 14.1 LLI C.D CC W o �JCL pz Qom �Z H Y i I . CSC �"� ccn 1.... O-' vii Q- Q .' 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U LLI f,y„.,,\ IA6 0 uoi4aidu103 leilue4sgng d.- z i IVf \ rTh O W 0 a) a) Q co— = N Q C W CL uCCI - w c = CI) c iC C.) �c c ZO Cl) a 0 1— o m 2 J C U- O. CLI -2 ui-Aia 6uipiin8 0 IJJ = W z oef CC - W c ic- F— m W `_ t_, 5 W a' m .� O a (o \ i = cn W cc c uoil3na4suo3 MaN ie1S a L`�' Q N aamii : it ; ' ; � ti?_ _t1"-1 F t--t , Z , , , 0 Li lit ',.t fRill)...1 mNi ' r s,, i,,10.t } 7 1 I t i W � 0 ; did „dP01,1,1111 li{,i, 'i , � j, nl Statement of Qualifications CONSTRUCTION MANAGER AT RISK FOR LAKESHORE CENTER EXPANSION RFQ No. 1801 ...... F - '1111011' 41:00.,, Via = — ••► „� M ilk re Mg l 4ge ... * 1 4111111111111111 Oler Wharton-Smith,Inc. CONSTRUCTION GROUP TABLE OF CONTENTS .x TAB. I CMR's Qualifications CMR's Key Employees/ Project Team members Certifications and Licenses Organizational Chart Similar Successful CMAR Projects Client References Workload Project Approach TAB. II Other Forms Letter of Intent- Bonding Company Conflict of Interest Disclosure Form Confidential Disclosure Agreement Company Information/ Signature Sheet Addendum Acknowledgement (if applicable) Summary of Litigation Uptown Altamonte Springs S 7 atoll b p V4' , x> o q x � S � � �i --ro 7%Rr� .qR*'x_-.,. -, 5 4 � r ."'"'"...;;"-"'"'"Z am "^`uo- s. Holden Heights Community Center Lakeshore Center Expansion I Construction Manager at Risk Services 1 Page 1 LETTER OF INTENT g'�•a° i -z -w ..,w`�;' «` r, «. a>T,4+k,'t°'r'`� n November 7, 2017 City of Ocoee Finance Department/ Purchasing Joyce Tolbert, CPPB, Purchasing Agent 150 N. Lakeshore Drive Ocoee, Florida 34761 Re: RFQ No. 1801—CM at Risk: Lakeshore Center Expansion Dear Selection Committee Members: Wharton-Smith is excited to submit the enclosed Statement of Qualifications to provide Construction Management at Risk Services for the Lakeshore Center Expansion. We applaud the City of Ocoee for its long- term vision in redeveloping the downtown area and realize the importance of this expansion project as part of fulfilling this vision. Our previous similar experience working on community center and expansion type projects, as well as parks and recreational facilities, provides our team with unparalleled knowledge regarding the construction of these type s.f. facilities. Our goal is to exceed the City's expectations with this project and to provide a seamless expansion to the current Lakeshore Center, which will serve the community for many years to come. Below are the key reasons why Wharton-Smith should be selected to provide Construction Management at Risk Services on the Lakeshore Center Expansion project: • Commitment to the City of Ocoee—Central Florida is our home, and one of our primary goals is to provide quality Construction Management services to communities where we live work and play. We commit to the City of Ocoee, along with its citizens and visitors, that we will bring the highest level of construction excellence and customer service to this project. • Experienced Team—We have extensive community center, addition, renovation and expansion experience, many of them being in Central Florida for municipalities. Additionally, Wharton-Smith recently worked with the project site work designer, Rhodes+ Brito Architects on the Millennia Elementary School for Orange County Public Schools. We know what it takes to successfully deliver a project together and our experience and close coordination will benefit the City of Ocoee in providing a seamless process. • Municipal Experience—Over 90%of Wharton-Smith's work is performed for clients in a public sector, including more than 80 cities, counties and towns throughout Florida. Our client references will serve as testimony to the unparalleled quality of our work, and the vast majority of our work is from repeat clients. • Experience with Redevelopment Projects—We understand that the Lakeshore Center Expansion project is part of a larger vision by the City to redevelop the downtown area. Wharton-Smith brings relevant experience with this type of project from working with the City of St. Cloud on the expansion of Lakefront Park which included a 10,000 s.f. two-story multi-purpose building with a meeting/dance hall and catering kitchen, as well as improvements to the waterfront and park. Wharton-Smith has also worked for over a decade with the City of Altamonte Springs on the development of Crane's Roost Park and the City's Uptown Altamonte. Frank Martz, Director of Community Redevelopment thanked our team in a recent letter stating "Your firm has been an outstanding partner to us in helping the City of Altamonte Springs realize the long sought-after vision of a sustainable community of diverse economy." n Lakeshore Center Expansion I Construction Manager at Risk Services I Page 240 LETTER OF INTENT t M,;.' • Construction Management at Risk Experience—The majority of Wharton-Smith's work involves delivering Construction Management at Risk projects to public owners, and we operate under an open- book principle with the budget and Guaranteed Maximum Price (GMP) process. Wharton-Smith will deliver accurate updates on cost, value engineering, and project schedule throughout the project on all phases. Project status reports, schedule updates, phasing documents, and meeting minutes will provide the City with updates and accurate information at all times. Our open-book policy and communication ensures that there are "no surprises" on our projects. • Creative Value Engineering and Cost Control Initiatives—Our team is committed to providing construction services of the highest quality to our clients. While we are very proactive in providing different options for your review, we will not sacrifice quality for cost. Throughout the preconstruction phase, value engineering studies are accomplished, and we will maintain open communication with the City at all times regarding our cost saving findings and suggestions. We consider it our duty to provide our clients with the best final product possible. Our cost control initiatives have saved Owners hundreds of thousands of dollars! • Excellent Record of Safety—Wharton-Smith has an excellent safety record and a comprehensive safety program. We realize that this facility is in a very busy setting and that additional work may be occurring within the park at the same time. We are committed to keeping the visitors and residents safe, with minimal disruption. A large portion of our work is done on occupied public projects and school campuses, so we are well versed in the safety measures and precautions that need to be taken on these types of construction projects. We feel strongly that Wharton-Smith is the best choice to provide construction management services for the Lakeshore Center Expansion. Given the opportunity, we know that we will exceed the City's expectations and ultimately those who will benefit from this expansion. We hope that after reviewing our Statement of Qualifications, the City will wholeheartedly agree. The Wharton-Smith team looks forward to presenting our ideas on how we would deliver a high-quality project that meets your needs, fits within your budget and exceeds your expectations. Sincerely, Wharton-Smith, Inc. Darin A. Crafto Executive Vic President Contact Info: 750 Monroe Road Sanford, FL 32711 Ph: (407) 321-8410 dcrafton@whartonsmith.com Lakeshore Center Expansion I Construction Manager at Risk Services I Page 311046 101 �w �•- =.rir I. CMR'S QUALIFICATIONS ;mm • ... .. ,..... ...„....„ _ ‘ ..,,,,,, :........ „..._., ,, , , . ..,,,,, ......._, _ ,., t . .. 3 • , -: t 'i n. ra ra d i p tk , s:�. 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. Rick Bundy Project Executive Y& As Project Executive, Rick works to ensure the entire team is on the same page regarding the project and fosters Why Rick? , a "one team" atmosphere. He provides guidance and 'Substantial problem solving advice, assists with staffing, outlining CM at Risk project plans, setting project goals/deadlines, and evaluates performance. He Experience also works closely with our Preconstruction Service Managers on bid packages, .Experience schedule, constructability reviews, value engineering, and site logistics. working on addition/ POLYNESIAN RESORT REHAB* renovation Walt Disney World projects Lake Buena Vista, FL •Familiar with A$3.8M Multi-phase resort renovation and the local expansion that includes 360 studio villas subcontractor f; ' (converting traditional guest rooms to Disney market a I • Vacation Club studios), renovations to the tI __= " ;;,m exterior and common areas in the main lobby, — Personal Stats area development enhancements, new kids 31 Years in area and addition of(20) 1,200 s.f. over-water Construction . bungalows. University of Poinciana High School Classroom Addition Central Florida { School District of Osceola County B.S., Civil Poinciana, FL Engineering Wharton-Smith completed a $6M two-story _ classroom addition to the existing Poinciana _ " High School. This building consisted of 20 • I, "" - classrooms and can accomidate up to 500 students. The project team also completed space reconfiguration in Building 3, which 4 includes a cafe for the Culinary Arts program and modification of the woodship classroom space. Center for Employee Health School District of Osceola County Kissimmee, FL Wharton-Smith recently completed a 15,456 s.f. Ill facility that offers primary care services to more than 7,000 SDOC employees and their families. The scope included a build-out of a pre- engineered metal building to include waiting areas, diagnostic rooms, offices, ect. *Denotes Previous Work History with other firm Lakeshore Center Expansion I Construction Manager at Risk Services I Page 4 CMR'S QUALIFICATIONS Andrew Kennelly, LEED° AP Sr. Project Manager w� Andrew is a LEED accredited Senior Project Manager. He is responsible for providing daily leadership to the project team and for the successful completion of all why Andrew? preconstruction and construction phases of the project. •Substantial Andrew will develop schedules, perform constructability reviews, value CM at Risk engineering, and site logistics. During construction he manages all construction Experience activities which include quality control, cost control, change orders, and •Worked on closeout. Andrew will be your single point of contact throughout this project! multiple addition/ renovation igIrtfiktHamilton Elementary School projects ! _ Renovation* •Understands Seminole County Public Schools how to work Sanford, FL with owners, CM at Risk project taking place on an occupied design team members and campus. The scope included a 2,500 s.f. key stakeholders expansion to the Admin building as well as a 4800 s.f. addition to create a fully enclosed •Excellent HA IL.Tt0NIELE3t '�"KbYY collaborative learningarea that joined two communicator ElCE �Gbuildings under one roof. Existing brick " facade required careful removal and seamless Personal Stats replacement. 13 Years in Palm Lake Elementary School Construction R n Renovation* University of Orange County Public Schools Orlando, FL North Florida B.S., Building This CM at Risk project scope included two new Construction 2-story classroom buildings and renovation of four existing core buildings. Construction of a new masonry addition to the Admin offices which joined the existing Admin Building and Cafeteria Building to create one single building appearance across the front. This construction was completed on an occupied campus. Sadler Elementary School * Orange County Public Schools Orlando, FL This comprehensive project was completed as a CM at Risk Contract. The scope included a 2,900 s.f. cafeteria addition to the existing structure, I� ---: ; — -- originally built in 1968. Prior to any field work, ( the project team coordinated with Advanced Structural Design to ensure the shoring and demo plans were safe. Special shoring was required to support the roof and second story building. *Denotes Previous Work History with other firm. Lakeshore Center Expansion I Construction Manager at Risk Services I Page 5 CMR'S QUALIFICATIONS Mike Murray Sr. Superintendent Mike is an experienced construction professional with over 35 years working on active jobsites. As Senior Project Superintendent, Mike is responsible for all field Why Mike? construction operations, which include the coordination •Excellent of all subcontractors and supervisory review of all on-site construction. Mike communicator ensures excellent communication along with the ability to work closely with •Established subcontractors as well as owners to ensure goals are met. relationships with local Center for Employee Health subcontractors School District of Osceola County •Experienced Kissimmee, FL in CM at Risk services Wharton-Smith recently completed a 15,456 •Expansion s.f. facility that offers primary care services to project more than 7,000 SDOC employees and their experience families. The scope included a build-out of a pre-engineered metal building to include •Cemmunity Center waiting areas, diagnostic rooms, and offices. construction experience Envionmental Health and Safety Building Expansion (Bldg. 48) Personal Stats Universityof Central Florida 35Years in Construction .;a Orlando, FL Wharton-Smith completed a partial and Registrations/ isolated demolition of the existing 6,705 Certificates: s.f. Hazardous Waste Processing, storage OSHA 10-hr Administration Building No. 48. This building CPR/First Aid was then replaced by a 1,175 s.f. single story, Confined Space concrete slab on-grade with a concrete block Fall Protection exterior wall addition. Scaffold Bethune Neighborhood Center Trenching/ Haines City Community Excavation Haines City, FL Qualified Rigger After the original Neighborhood Center Hazcom riffi � t "a, was destroyed by a hurricane, Wharton- Flagger I �j Smith completed the construction of a new Certified MOT �' � • Forklift Operator- _ p gymnasium, auditorium, and senior center. Wharton-Smith provided construction Driver management services for the new 12,874 s.f. building, as well as asphalt parking lot, new sanitary, storm and water piping. Lakeshore Center Expansion I Construction Manager at Risk Services I Page 6 CMR'S QUALIFICATIONS John Lyons, LEED® AP ;n Preconstruction Services Manager iv AZitili John has 41 years in the construction industry and leads all preconstruction efforts on Wharton-Smith projects. He is well respected throughout Central Florida and Why John? 4 known for his ability to prioritize program elements and •Well respected bring value to every project, while delivering accurate and reliable GMPs. As in Central preconstruction services manager for the City of Ocoee Lakeshore Center Florida by Expansion project, John will lead all preconstruction efforts for the team. He owners and will work with the City, your design team, and key stakeholders to determine design partners your needs vs. wants and ensure your vision is achieved while maintaining the 'Ability to budget throughout all phases of the project. determine "wants vs. Lakefront Park Expansion needs" and City of St. Cloud prioritize Ill . program St. Cloud, FL elements ii This project scope consisted of a 10,000 s.f. ••Known for xl • two-story multi-purpose building that has accurate and ' , a meeting/dance hall space with catering reliable GMPs WI I �__ p a , • _•p. setup and a stage, a kitchen with food •Understands service, a bathroom facility, and seven shelter how to work structures.The grounds were adorned with with owners, new landscaping and irrigation as well as design team decorative retaining walls, parking spaces and members and new lighting. key stakeholders Cit of Maitland •Excellent ''' ��.a Y communicator , Maitland City Hall •Established �,.., � Maitland, FL 3 relationships ,' ' 7 _ $4 million, 24,000 s.f. iconic building that::7! ':1 with local 0 serves as the cornerstone for downtown subcontractors ' a, Maitland. The three-story building features Mediterranean-style architectural and �¢ �_ classic, Personal Stats ' ' houses office space, seven conference rooms, ' ` • high-end lobby, and state-of-the-art council 41 years in industry !; 1 a,, chambers. University of Cranes Roost Park Upgrades Central Florida B.S., Civil '' ,. f City of Altamonte Springs ' 'c Altamonte, FL Engineering -,, Wharton-Smith recently completed the - s j redevelopment of the Altamonte Springs Cranes Roost Park. The scope of work included _ T` i a i- F �h�" '� �' construction of a new roadway, installation ° ;. of aprox. 1 acre park/ plaza, demo and � ...,,,.,.-- construction of the ampitheater complex, _- -'„ -._ 1 replacement of handrails, relocation of utilities and new traffic signals. Lakeshore Center Expansion I Construction Manager at Risk Services I Page 7 CMR'S QUALIFICATIONS CMR's and key employees/project team members'certifications and licenses with regulatory agencies, professional organizations, ect. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD s 9 LICENSE NUMBER CGC1311243 'r' The GENERAL CONTRACTOR - P Named below IS CERTIFIED • Under the provisions of Chapter 489 FS. Expiration date'AUG 31,2018 SMITH,TIMOTHY SCOT -; "< ❑xi.: I.El YVHARPO BO 471028 H INC s... , BOX �� ,?h„ . 5 LAKE MONROE i<�It 'P •: t. ISSUED toot206 �4 D-ISPLA ASR UIR l'i .. SEQe L1608280003769 State of Florida Department of State I certify from the records of this office that WHARTON-SMITH,INC.is a corporation organized under the laws of the State of Florida,filed on April 3, 1984,effective April 2,1984. The document number of this corporation is G94383. I further certify that said corporation has paid all fees due this office through December 31,2017,that its most recent annual report/uniform business report was filed on January 3,2017,and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under troy hand and the Great Seal of the State of Florida at Tallahassee,the Capital,this the Third day of January,2017 Secretary of State Tracking Number:CC8892326279 To authenticate Orb certiticete.ieit the following site,eeter this number,and then Mow the instructions d rplaved. httpa://servl• bh.org/FSang,/CertiacateofStrNs/CertifwleAutbee/iceaun P State or rtprida Board of Professional Engineers Attests that `:,,.��N W . on-emit F B P E rLI Is authorised under the proct i s o °''aS' > 1'• ,to Offer engineering services to the public through a Profeaaio ,.Chapter 471,Florida Statutes. '( Expiration: 2/28/2019 b','i► Lie.:x CA No: Audit No: 228201903989 R n 000,rtw:r.,-• IRL3 Lakeshore Center Expansion I Construction Manager at Risk Services Page 8 1 CMR'S QUALIFICATIONS Provide a project staff organization chart for the entire CMAR team. Ocoee florida Darin Crafton 91104 rhodes + brito } Executive Vice President �+ R C H IT E CTS J Rick Bundy Project Executive PRECONSTRUCTION PROJECT ON-SITE MANAGEMENT SUPERVISION o-- John Lyons Andrew Kennelly Mike Murray Preconstruction Sr. Project Manager Sr.Superintendent Services Manager Sue sort Services Scheduling Sustainability BIM Coordination Safety Manager Accounting *The passion flower logo is copyrighted by the City of Ocoee and is used with permission. Lakeshore Center Expansion I Construction Manager at Risk Services I Page 9 CMR'S QUALIFICATIONS List of CMR's current or recent successfully completed similar projects within the past five years with other public or private agencies which illustrates the experience of the CMR. Wharton-Smith has over 33 years of experience providing quality building construction services for public and municipal clients. Approximately 90% of our public work, including municipal development projects, has been delivered through the CM at Risk method. Many of these projects have been completed with the same or similar scope of work required for the Ocoee Lakeshore Center Expansion project. The chart below shows a sample of these projects as well as their similarities to the Lakeshore Center. Detailed project sheets are provided on the pages that follow for similar projects completed within the list five (5) year requirement. QUALIFICATIONS BY CATEGORY C '- O V1 C C CU el CONTRACTOR PROJECT EXPERIENCE ? a ra x c a +� a) W O V1 0 pp '.G OD i 0 = > ° O E G1 '6 O v L • c a E O" 5 a c� X E 0 c0 re Westside Community Center,Sanford, FL CM at Risk • • • • Baldwin Park Community Center, Orlando, FL CM at Risk I • • Bethune Commuinty Center, Haines City, FL CM at Risk • • • St. Cloud Community Center and Lakefront Park, St. Cloud, FL GC • • • • Central FL YMCA, Multiple Locations Blanchard Park YMCA, Orlando, FL Design-Build - • • Roper YMCA Family Center, Winter Garden, FL CM at Risk • • • Downtown Orlando YMCA,Orlando, FL CM at Risk • • • • Holden Heights Community Center, Orlando, FL GC • • • St. Lukes Lutheran Church Expansion, Oviedo, FL CM at Risk • • • Wayne Densch Center,Orlando, FL Design-Build - • • • Maitland City Hall, Maitland, FL Design-Build • • • Lake Concord Park Redevelopment, Casselberry, FL CM at Risk • • • • SDOC Center for Employee Health, Kissimmee, FL CM at Risk • • • UCF-Bennett Building Renovation,Orlando, FL Design-Build • • • Altamonte Springs Uptown Redevelopment Projects, Altamonte Springs, FL Design Build • • • Lakeshore Center Expansion I Construction Manager at Risk Services I Page 10 CMR'S QUALIFICATIONS � \ f i— V L.0001 • 'Nw,F Y Y # ".\* may} J , +ffi- ♦ '"2- °?' # ,hX ' r x # f P," w< ami 'fi i `;��"`\1���"' ��.c. S.\\ sew 111111 PV, tt ...... 1 V,;j 17%://i k , i \ NIII/v‘ ,,, ,,'':,,,,.404.1*.'421. , EON,' ._--,7 cr,i,1, 4\, --,,__. _.,_ /\....17r. ,, - * vwedlii \-f, - - - lir 0 - r — �� `. .1,':?/__ Owner's Representative Description St. Luke's Lutheran Church and As a part of St. Luke's Lutheran Churchand School's Equipping the Saints School campaign, Wharton-Smith was selected as the Construction Manager 2021 W. State Road 426 for an addition/renovation project that created additional space for the Oviedo, FL 32765 ministry's enhanced and expanded programs.The project consisted Steven Lehenbauer of a 9,630 s.f. new building which included a fellowship hall, meeting P 407.368.3408 rooms, storage and a cafe. In addition to this building, Wharton- Smith completed Smith completed the 13,205 s.f. gymnasium with wood athletic floors, PHM Architecture bleacher seating, full size basketball courts, two volleyball courts, locker rooms and coaches offices. Renovation of selective interior spaces in 478 E. Altamonte Drive, Ste. the Founders Hall was also completed during this project. 108 Altamonte Springs, FL 32701 During preconstruction, Wharton-Smith worked with the design team, P 407.333.2005 building committee, multiple stakeholders and user groups analyzing Size various design and construction options to ensure St. Luke's received the most value for the program and budget, while also achieving 14,500 s.f. project goals. Cost/Change Orders • CM at Risk Services Original Budget: $4.2 M • Building Expansion/ Renovation GMP: $4.2 M KEY SIMILARITIES Final: $3.7 M • $260.51/s.f. • Meeting Space Change Order Detail: • Exterior Improvements 7 COs totalling ($459,037) Project Dates Contracted Completion Date: 11/2016 Firm's Responsibility Actual Completion Date: 10/2016 CM at Risk Services Key Professionals'Role John Lyons—Preconstruction Services Lakeshore Center Expansion I Construction Manager at Risk Services I Page 11 CMR'S QUALIFICATIONS F , -_ - ,vt - ' I L., ., I ,' 7 . : H f a x iS t iiiiiin u _ 1 �'1i!!, o Y o ,011 ?�� a z ' 11g� ! c d) f •••1 0 ;I ' N. \� �� ' • 1887 ' - Owner's Representative Description School District of Osceola The Center for Employee Health, a partnership between the School County District of Osceola County and Florida Hospital, is the primary stop for 809 Bill Beck Blvd. Osceola County Schools' employees and their families. The new Center Kissimmee, FL 34744 was created in response to the increased cost of healthcare over the John Viscomi, Field Representative last three years and is aimed at reducing costs. P 407.908.9556 As Construction Manager for this project, Wharton-Smith oversaw all Project Architect aspects of construction. This project consisted of a 15,456 s.f. build- SchenkelShultz Architecture out of a pre-engineerd metal building. It is located at the Technical 200 East Robinson Street Education Center of the Osceola Campus and sits adjacent to the Suite 300 Criminal Justice Training Center. The building also houses the offices Orlando, FL 32801 for the School District of Osceola County Risk & Benefits Management P 407.872.3322 Department. Size • CM at Risk Services • Similar Budget 15,456 s.f. e Orders KEY SIMILARITIES • Meeting Space Cost/Chan • g Same project team members Original Budget: $1.6 M • Exterior Improvements GMP: 1.7 M Final: $1.5 • $99.06/ s.f. Project Dates • Occupied Surrounding Facilites Change Order Detail: Contracted Completion Date: 4/2016 1 CO totalling ($227,918) due Actual Completion Date: 6/2016 *Due to addition of owner requested to ODP and Project Savings scope Key Professionals'Role Firm's Responsibility Rick Bundy- Project Executive CM at Risk Services John Lyons—Preconstruction Services Mike Murray- Sr. Superintendent Lakeshore Center Expansion I Construction Manager at Risk Services I Page 12 ^ CMR'S QUALIFICATIONS " M4 � a t # Casselber4 Lk- PQ Sig .a _ z r ♦ T a UiL f "The City values the relationship we have "ald1, t developed with Wharton-Smith and fully appreciates the value which the CMAR r, � :� , ,, ,. process has brought to the table." —Mark Gisclar "^.. City of Casselberry Public Works Director Owner's Representative Description City of Casselberry Wharton-Smith provided Construction Management Services for the 95 Triplet Lake Drive City of Casselberry in the development of City-owned lands referred Casselberry, FL 32707 to as Lake Concord Park. The development plan included commercial/ Martin Pawlikowski retail development along a major highway frontage, a public park P 407.262-7725 z1237 with two water features in the middle, and a 200+ unit multi-family Project Architect residential development along the eastern portion of the parcel. The ACi, Inc. project consisted of four parts: 955 N. Pennyslvania Ave • Relocation and Realignment of Triplet Lake Drive Winter Park, FL 32789 • Public Works Building demo and reconstruction P 407.740.8405 • South Village Project Improvements Size The improvements were aprox. one mile in length through a residential neighborhood. Wharton-Smith worked with the City, Architect and 24,000 s.f. developer to oversee construction of the development project. Cost/Change Orders • CM at Risk Services Original Budget: $10.4 M Final: $10.7 M • $446/s.f. • Meeting Space Change Order Detail: KEY SIMILARITIES • Exterior Improvements 4 COs totalling ($287,106.31) • Community Center • Occupied adjacent facilities Project Dates Firm's Responsibility Contracted Completion Date: 3/2017 CM at Risk Services Actual Completion Date: 1/2017 Key Professionals'Role John Lyons—Preconstruction Services Lakeshore Center Expansion I Construction Manager at Risk Services I Page 1311016..1 CMR'S QUALIFICATIONS 11 U� ,�111�Q - �- � n t1 ®��'il `E r` "Your staff has gone above and beyond ? s iUal ' 11 ' • I 1 our expectations of performance and have always put the project goals first. They have done an excellent job with communication and proven to be an asset 4F-%, to the overall success of this project." ,ABC -Guysen Bohler, PM EAGLE AWARD Orange County Capital Projects RECIPIENT Owner's Representative Description Orange County Government The new Holden Heights Community Center is a 12,612 s.f. facility 400 E. South Street, 5th Floor designed and constructed to provide services and programs for the Orlando, FL 32801 residents of the Holden Heights neighborhood.The contemporary Randy Nixon, Project Manager design is constructed of tilt-wall and structural steel and features a P 407.836.0043 large multi-purpose room for meetings and receptions, state-of-the- Project Architect art classroom, computer lab, offices, conference room, a 2,294 s.f. C.T. Hsu +Associates covered deck and a 345 s.f. uncovered deck. The project also included 820 Irma Ave underground exfiltration system for stormwater, new sanitary system, Orlando, FL 32801 a parking lot, retaining walls, landscaping and site amenities. P 407.423.0078 Size 12,612 s.f. • Community Center KEY SIMILARITIES • Similar Square Footage Cost/Change Orders • New Construction Original Budget: $3.7 M Final: $3.6 M $370.79/s.f. Change Order Detail: Project Dates 9 COs totalling ($94,676.19) Contracted Completion Date: 5/2015 *due to ODPs (not factored Actual Completion Date: 5/2015 into final cost), Owner Key Professionals'Role requested scope changes, OCIP John Lyons—Preconstruction Service Firm's Responsibility General Contractor Services Lakeshore Center Expansion I Construction Manager at Risk Services I Page 14 CMR'S QUALIFICATIONS ill. ti o- :+ 3 cs n " rF S , -� �L�OfItD 4if ea k L8 �,ti�. a�mnaal: ..r. z � of stiwr� to `�'� t (� i_, w: , C .� 3R' ri .�.<ke�ax:are.a..ii.,.., '�'�:u°�`.� �� i�� -�:,w,� � � . _. µ - I - _ { oaE a LEONARD WILLIAMS ASSEMBLY MALL— l I F , 8 �1 Owner's Representative Description University of Central Florida Wharton-Smith provided design-build services for the three-story, 4000 Central Florida Parkway 21,700 s.f. Wayne Densch Center for Student Athlete Leadership for Orlando, FL 32816 the University of Central Florida.This building is located next to the Jeremy Williamson UCF Spectrum Stadium which was also completed by Wharton-Smith. P 407.823.1776 The scope included offices, computer labs, miscellaneous conference Project Architect spaces, a multi-purpose conference room which will hold 200 students, HZK Design LLC, dba KZF Design and a monumental stair case in a two-story open lobby.This facility will Studio serves as the headquarters for student-athlete personal, professional, 1401 Edgewater Drive and academic development. The Wayne Densch Center houses UCF's Orlando, FL 32804 Student-Athlete Leadership Institute, Academic Services for Student P 407.298.1988 Athletes, Student Services and Compliance departments, while also providing operations space to serve more than 500 students-athletes. Size This project achieved LEED Gold Certification for its sustainability 21,700 s.f. measures such as low VOC, recycled materials, high reflective roof, utility metering and low E windows. Cost/Change Orders Original Budget: $4.8 M GMP: $4.7 M • Meeting Space • Exterior Improvements Final: $4.7 M • $216/s.f. KEY SIMILARITIES Change Order Detail: • Community Center 12 COs totalling ($1,119,562.18) • Occupied adjacent facilities *Due to owner direct purchases Project Dates and owner scope changes. Contracted Completion Date: 1/2016 Actual Completion Date: 1/2016 Firm's Responsibility Design Build Services Key Professionals'Role John Lyons—Preconstruction Services Lakeshore Center Expansion I Construction Manager at Risk Services I Page 15116110111 CMR'S QUALIFICATIONS �. 0 OUILD�. .. � ` �� NCS n 4EED CERTIFIED Ae* a^ t�',6?` "_. Y, ,,,,� ......0....,-,r .,.:,;-re.,... .b +n.. ,. f 3 /'r ,i IP II s f II 2 Y— _ ir } '-k ,:11-771*.d‘l• ii/i'''‘i It!, -if! - 1,;''.. Owner's Representative Description City of Maitland Wharton-Smith provided Design-Build services on the three-story 1776 Independence Lane 24,000 s.f. City Hall for the City of Maitland.The new City Hall features Maitland, FL 32751 three levels of office space, seven conference rooms, a bullet resistant Dick Wells utility billing transaction window assembly, high end lobbies, state-of- P 407.539.6258 the-art council chambers, and porch area. Project Architect The scope of work included demolition of the existing City Hall, new ACi parking lot paving, site clearing, underground utilities, concrete and 955 N. Pennyslvania Ave bring hardscape (brick was reused from the old City Hall), landscape Winter Park, FL 32789 and irrigation, and the protection and preservation of existing oak trees. P 407.74ark05 FL Maitland City Hall achieved LEED certification with the USGBC. Size 24,000 s.f. • Building Expansion/ Renovation Cost/Change Orders KEY SIMILARITIES • Meeting Space Original Budget: $4.1 M • Exterior Improvements Final: $4.1 M • $173/s.f. Change Order Detail: 4 COs totalling ($844,390) Project Dates Contracted Completion Date: 6/2012 Actual Completion Date: 7/2012 *Time extension granted by Owner, Firm's Responsibility due to scope changes Design-Build Key Professionals'Role John Lyons—Preconstruction Services Lakeshore Center Expansion I Construction Manager at Risk Services I Page 16 CMR'S QUALIFICATIONS List at least three(3) client references to include organization name, contact person, telephone number(s), and email address. i I Carol Ann Dykes,Site 4=" Benne t wild 'Renovation Steven Lehenbauer, Chief , `- -, T- Manager Administrative Officer UCF Business Incubator St. Lukes Lutheran Church & - %>` PH: (407) 207-7426 School carolann.dvkes@ucf.edu `�R PH: (407)365-3408 cao@stlukes-oviedo.org - ". �.: .fi ST-to es uhera�Cliurt '&School Wharton-Smith provided Wharton-Smith provided pre-construction and construction services f r Construction Management at Risk to complete the renovation of two existing r 1f_ services for St. Lukes Lutheran Churcht..$/ occupied buildings on the University of :t - School's Equipping the Saints Central Florida campus.The 48,000 s.f. Campaign.This project scope included renovation consisted of five new labs with fume hoods an addition/renovation to create additional space for the serviced by two rooftop strobic fans and two outdoor air ministry's enhanced and expanded programs. units;seven multi-purpose workrooms; six office suites and over 100 individual offices; conference rooms, lounges and break rooms. David Hansen, Chief .. ," 3. ., ,- Martin Pawlikowski POIVRO .— Operating Officer ( Special Projects _ Q ® 11 I Coordinator UCF Athletics Association, ----:_---City of Casselberry � -Y e Inc. ''.-:.....7'. • " 7. '` „,,,,,,, PH• (407)262-7725 PH: (407) 823-0499 ., - mpawlikowskiP dhansen@athletics.ucf.edu Wayne Densch Center for Student Casselberry Lake Concord Park Athlete Leadership casselberrv.org Wharton-Smith provided pre-construction kr Wharton-Smith provided construction ,moo`` t_ 4,, and construction services for the three- management at risk services for the � ; story, 21,700 s.f. Wayne Densch Center `.,*' 0101,.r*,� City of Casselberry to develop lands into ,. .o for Student Athlete Leadership for the commercial/ retail space. A public park with "'.40 ,`.'. University of Central Florida, ncludes offices,computer two water features in the middle and a 200+ labs, miscellaneous conference spaces, a multi-purpose conference room which will hold 200 students, and a unit multifamily residential development along the monumental stair in a two-story open lobby. eastern portion of the parcel were also completed. ----- f1 Lakeshore Center Expansion I Construction Manager at Risk Services I Page 1741110111 CMR'S QUALIFICATIONS Listf Current and projected workload of the CMR, provide project and client names and project commencement and project completion dates, and construction dollar value of the project. Please review Wharton-Smith's current workload chart below. It is important to note that Wharton-Smith has the resources and staff in place to complete the Lakeshore Center Expansion project on time and on budget . There is no overlap of project teams. WHARTON-SMITH % ANTICIPATED CONTRACT REMAINING NAME OF PROJECT/OWNER COMPLETE COMPLETION AMOUNT BALANCE DATE Stone Middle School Renewal, Brevard County Schools 95% 1/2018 $6.4 M $350k Space Coast Stadium, USSSA 85% 12/2017 $12 M $1.5 M Jonathan Scott Pine Community Park, Orange County 75% 12/2017 $8.46 M $2.1 M District School Security, Brevard County Schools 50% 4/2018 $7 M $3.5 M New Smyrna Dunes Park Boardwalk, Volusia County 50% 8/2018 $4.9 M $2.5 M Millennium Middle School, Seminole County Public 47% 7/2018 $43.5 M $23 M Schools Fire Station #62, Osceola County 36% 3/2018 $5.3 M $3 M Hillcrest Elementary School, Orange County Schools 30% 6/2018 $15.8 M $10 M Galaxy Middle School HVAC Renovations, 25% 11/2018 $12.5 M $8 M Volusia County Schools Ocoee/Piedmont Lakes Middle Schools, ° Orange0% Precon. $8 M Precon. County Schools Austin Tindall Regional Park Expansion, Osceola County 0% Precon. $8.2 M Precon. Bridgewater Relief Middle School, Orange County ° Schools 0% Precon. $31 M Precon. Corner Lake Middle School, Orange County Schools 0% Precon. $12 M Precon. Seminole State College Building "L" Renovations, 0% Precon. $14.6 M Precon. Seminole State College Laureate Soccer Complex, Tavistock Development Company 0% Precon. $3.9 M Precon. n Lakeshore Center Expansion Construction Manager at Risk Services I Page 18 CMR'S QUALIFICATIONS Project Approach: Briefly describe the CMR's understanding of the project and how the CMR would accomplish this work. Our team has reviewed the proposal documents provided by the City of Ocoee, completed a full investigation of current conditions and has a thorough understanding of the "scope of work" required to deliver the construction management services for the Lakeshore Center Expansion Project. We know that this contract requires the expansion of the existing facility however, the building was not originally designed for expansion. Once selected, Wharton-Smith will work with the Design Consultant, Rhodes+ Brito Architects, Inc., through design, pricing and construction phases of the projects to produce the best outcome for the City. We know that this Expansion Project includes: r. • Expanding the original facility to the North, into the • � `' ' existing staff parking area. .= • Extended Pre-function Lobby. ° • Additional storage/mechanical room space. • Replacement of Audio/Visual system. •• A non-digital interface to replace existing digital ': lighting control system. • Eliminate the bar in the pre-function lobby and create storage and restrooms to the north "porch" expansion. • Modify existing business center to a "bridal suite". Uptown Altamonte Springs Wharton-Smith has completed similar projects for municipalities such as the City of Casselberry, City of Altamonte Springs andOrange County Government. We have a great track record working on expansion, addition, and renovation projects, therefore the benefit to the City of Ocoee is-No Surprises with Guaranteed Success! The Wharton-Smith Project Team has a well-developed approach for providing comprehensive preconstruction services for contracts utilizing "Uptown Altamonte is now a the Construction Management methodology,gy, such as those required for reality.And 1 am writing you the City of Ocoee's Lakeshore Center Expansion project. Our proactive to thank you and recognize management approach guarantees effective project leadership from the your firm for partnering very beginning of the project delivery and is enhanced by our emphasis with us in our pursuit of the on communication, pre-planning, and our ability to understand your long sought-after vision of a process, constraints and needs. Our Project Executive, Rick Bundy, will sustainable community with provide senior level oversight for all Construction Management services, a diverse economy. We could including preconstruction services. He will provide technical expertise and not have achieved our vision oversee professional services for all aspects of the management of the without the partnership of project, both for preconstruction and construction, including coordination Wharton-Smith" with public and private utility companies, interaction with visitors and Franklin Martz, II businesses, and any other Authorities Having Jurisdiction (AHJs). Andrew Kennelly, Sr. Project Manager,with be the City's single point of contact City of Altamonte Springs throughout the entire project process. Andrew will lead the project Director of the Community team from preconstruction through project closeout and effectively Redevelopment Agency & communicate with the City to ensure the best outcome. Planning Services Lakeshore Center Expansion I Construction Manager at Risk Services I Page 1941110 CMR'S QUALIFICATIONS St.Cloud Lakefront Community Center He is responsible for negotiating subcontractor and vendor contracts, monitoring and updating the Master Project Schedule, and controling the budget /'��®i amongst other items. He will work seamlessly with Sr. Project Superintendent Mike Murray throughout the duration of the project to ensure all on-site activities ,i, and subcontractors are staying on schedule and t,' rj : - (, within budget. 14 11111 Integral to our approach, and key to project success, �# _.--.. is our continual evaluation of the project scope and "'" ` budget, while maintaining a close interface with the City of Ocoee and the project team. In doing so, we also guarantee a continued commitment to quality for the duration of the project by following a written set of project management and production procedures to aid and guide the design and construction team members. KICK-OFF MEETING The project will begin with a "kick-off" meeting involving all of the City of Ocoee's project representatives and team members, the design team from Rhodes + Brito Architects Inc., and the Wharton-Smith project team. Specific lines of communication will be established and all pertinent information will be discussed. DESIGN EXPERTISE—REVIEW AND ANALYSIS During the preconstruction phase, our preconstruction staff will review the design drawings at predetermined ' stages; i.e. Conceptual, Schematic, Design Development and 50%-100% Construction Documents. This design review process includes constructability reviews, value engineering, and budget confirmation and will assist the team in identifying conflicts, omissions and other areas where different options may be explored. "Wharton-Smith handled BUDGET ESTIMATING AND COST CONTROL the project with the utmost Design Development Estimate—Ideally with construction management professionalism and with project deliveries, our team is brought on board at the start of the design constant consideration process to assist with and provide input with regards to design concept of the adjacent residents. development, budgeting, value engineering and the constructability review Attention to detail was process. However, in some instances this is not always the case and we evident throughout the have the expertise to be brought into the process later, and still add value. project and every team Should we be successful at being selected as your construction manager for member responded to issues the project, our team will immediately perform an estimate, assign budgets immediatley." to the work, conduct a constructability review, and evaluate the project for value engineering opportunities. Our team will provide a written report to Kristin Caborn the City of Ocoee and the design team which will address all of these items. City of St. Cloud, Parks and At this stage of the design, detailed takeoffs of most project components Recreation Director can be performed because they have been further developed by the design team. Outline specifications are available and have been developed around St.Cloud Lakefront Community proposed systems, as well as alternatives, and our estimating team will lock building Lakeshore Center Expansion I Construction Manager at Risk Services I Page 2041110 CMR'S QUALIFICATIONS in on major project components, i.e., mechanical, electrical, lighting and site. The estimate will be used .� �.. s► . ,; to track any variations and scope changes moving � forward with the design. Our team is also providing real time cost information during the design review 1--- meetings so you have an understanding of how decisions being made or considered will affect the overall cost of the project. .- .r712 Guaranteed Maximum Price (GMP) Estimate–At this point, we refine the detailed takeoffs of all quantities and perform complete pricing based on all Holden Heights Co unity Center that is known of the various building components, systems or materials. All aspects of the project are now fully defined and all previous assumptions can be verified. Actual market costs and competitive bids can be obtained on most aspects of the project. We understand the City's agreement with the selected firm will be a contract for CMAR Services. VALUE ENGINEERING Wharton-Smith utilizes value engineering during design and preconstruction to provide the most efficient and affordable facility possible. Value engineering employs life cycle analysis to ensure that all materials and operating systems will be long-life and low-maintenance. Wharton-Smith will continue to pursue value engineering throughout construction, while maintaining the highest quality standards and to ensure budget compliance, without jeopardizing the quality of the project. CONSTRUCTABILITY As the design documents progress, our team will also be conducting constructability reviews to ensure that any gaps, overlaps or omissions are being addressed as the design documents are being completed. The goal is to provide input to the design team so they can produce the best set of design documents possible for the project so these type issues are not having to be dealt with — „ during construction, where they have the ability to negatively affect both ; schedule and cost. The constructability reviews are an essential part of the �� 2 preconstruction services and are utilized to contain cost on the project. As o \ we are conducting the constructability review process, we are always looking for better and easier ways to build the project more economically. When Q the design documents are clear and concise, this has the effect of taking the guess work out of the bidding process which results in more competitive --�� pricing from the subcontractors resulting in project savings. SCHEDULING Wharton-Smith uses Primavera Project Planner (P6) software for all of our . scheduling. Our project team begins the planning process by preparing an overall master schedule to effectively sequence both the design and construction phases. Once the design is validated, a more detailed schedule involving all tasks of the project is developed.This schedule becomes a working document that provides the management team the guidelines Lakeshore Center Expansion I Construction Manager at Risk Services I Page 21 ' . CNIR'S QUA, IFICI\ iTIONS necessary for on-time and within budget delivery. During the preconstruction phase, we will track the project's design progress, and adjust all tasks and resources as necessary to meet the overall design schedule. We will identify all critical meetings with permitting authorities to make sure that they are involved in the discussions and decisions that are being made for the project to avert any surprises during the permitting process. We will also look at opportunities during pre-construction with respect to early release of packages in order to reduce the construction duration for the project and therefore reducing the overall project schedule and general conditions costs. Through our weekly scheduling and project review meetings, our team's in-house scheduling manager, will immediately address any concerns or make necessary changes to the project schedule to reflect the requirements of the project. From here, the scheduling manager works with the construction team to further update the construction phase of the schedule. PERMITTING PROCESS € , Our experience working in the surrounding areas has allowed , us to develop a highly efficient method for meeting regulatory <« . requirements. We will work with the local police, fire and r park departments prior to submitting permit drawings. By ', �. .. • determining all permitting/approval requirements early inz. the process, we can customize a plan to obtain permitting/ approvals in the most expeditious manner. In the beginning ' stages of the project, we quickly identify and address any issues that may require special attention. We work with regulatory agencies to agree on requirements and permit schedule durations. When possible, informal pre-submittal reviewx meetings are held with permitting officials to obtain valuable input. Early and open dialogue with all required agencies aids in expediting the permitting process and is a good defense against - surprises during permitting. , �isrr Every project is different and requires a specific approach ins order to maximize program for the budget dollars that are _ . available for the project. We understand that the budget for the project is$2,000,000. It will be our job to work with the City of Ocoee and the architect to be creative, not only during the design, but also during the bidding and construction phase in order to maximize savings for the project. Our goal for this project, as well as every project, is to maximize the program. Our team will work with the City and the design team to look at all options and combinations of amenities that are desired for the project and come up with the combination that best meets the goals of the project and provides the optimum program. COMPETITIVE SUBCONTRACTING BID STRATEGY As Wharton-Smith moves from the design phase toward the procurement phase, we will be concentrating our efforts on marketing the project to the subcontractor community. Wharton-Smith has a database of over 3,200 prequalified subcontractors, which includes many City of Ocoee and Orange County firms. We will develop a list of potential subcontractors and suppliers for the project and provide it to the City of Ocoee for 1 ' Lakeshore Center Expansion I Construction Manager at Risk Services I Page 22 CMR'S QUALIFICATIONS r � `� �.r ?����Mvsb���� �. ': �o-�� �+ a�t�`�"?;���� review and approval, prior to distribution of the bid documents. After the subcontractor and vendor list has been finalized, we will schedule pre-bid meetings and site visits, so that bidders can become familiar with the existing conditions. In order to maximize local participation on the project, we will evaluate which trade packages can be broken up into smaller packages in order to provide increased opportunities for smaller subcontractors that would otherwise not be able to handle a larger trade package. Multiple competitive bids will be solicited for each work trade on the project and a GMP will be developed and submitted to the County for approval. After the GMP's are approved for each project, we will then go through a process of scope verification and negotiations with the low bidders. After the scope verification and negotiations are complete, we will submit a formal recommendation to the City of Ocoee for the award of each subcontract. For most of the bid packages, we will be looking for a lump sum price from the bidder in order to lock in a fixed price for the work. However, there may be instances where a unit price proposal may be more appropriate in order to contain cost for an item where a known quantity cannot be readily identified. An example of this would be for unsuitable soils where an exact quantity cannot be identified. With this example, a unit price cost to remove unsuitable soils might be a more appropriate approach to containing cost for an unknown quantity. Cost plus a fee might also be an appropriate approach for an unknown and undefinable quantity of work. Our approach for this project would be to secure lump sum bids for all of the trade packages in order to lock in the cost for the majority of the work, unless something is identified in the soils report, which would cause us to take a unit price approach. Wharton-Smith will also identify direct purchase opportunities to save the City of Ocoee sales tax dollars that could potentially be utilized for the project, if desired. During design, we will have specific meetings to confirm and coordinate all requirements of those utilizing the locations, as well as with those who will maintain it. The exisiting building will be inspected along with all audio/visual components to ensure the specific needs of the City are taken care of. We will ensure a vivid understanding of what the immediate use, as well as the future performance expectations are for this center. This will help to ensure that no objective will go unaccomplished while reviewing the design documents. One objective will be to have a seamless expansion to the building since it was not originally designed for expansion. This will require coordination with the architect to provide the best overall apearance to the completed building. Construction will have a very specific goal across the board. Communication and coordination will be key! Notifications will be provided well in advance before starting any work. Accomodations will always be made for any special situations that may arise during the construction process.The schedule will be , developed to include milestones for each portion of .u. the work and the completion. QUALITY ASSURANCE/QUALITY CONTROL The Wharton-Smith team has a culture of w(0.0 c?, responsibility that embeds quality awareness in all ' of our organizational processes. We are committed to quality assurance/quality control (QA/QC), customer satisfaction and continuous improvement. Our formal Quality Management system includes Lakeshore Center Expansion I Construction Manager at Risk Services I Page 23 4011 CMR'S QUALIFICATIONS the development of clear, quantifiable and measurable requirements. As indicated earlier in the design phase, the QA/QC team committed to this project will continue into the construction phase by developing a plan tailored specifically for the Lakeshore Center Expansion. Project team meetings will be held regularly to discuss the constructability of design details, compliance with material and product specifications, and sequencing of planned activities. Our team stresses a methodical step-by-step procedure focused on reporting mechanisms, which aim to resolve problems before they become critical—while keeping everyone involved with the project fully informed and fully aware of all issues at hand. Some of the ways we will ensure quality during the construction phase includes holding pre-task meetings with our subcontractors, providing mock- ups (i.e. concrete, masonry, roofing, windows, etc.) in order to establish a level of quality, and performing independent testing of installed systems, such as for roofing, windows and coatings. Additional ways we ensure quality during construction include: 1 )I _ti INDEPENDENT PEER REVIEW PRE-INSPECTION MOCK-UPS TESTING INSPECTIONS CHECKS Mock-ups allow us to make Independent testing is Peer Review inspections We know that your time is sure we get the details important to ensure all are performed by WS PMs valuable. In order to keep right prior to the actual systems are working as and Superintendents who things running smoothly, work being completed they were designed to are not working on the we perform pre-inspection which brings rework to work.To reduce the chance project.The purpose is to checks to ensure that all an absolute minimum. for leaks,we regularly have the project reviewed systems are working as Mock-ups are identified perform tests on the by a separate set of eyes. planned before we call for and scheduled during exterior envelope of the These inspections are any inspections. preconstruction and some building (roof, windows, beneficial for identifying of the items we would joint caulking). Other items that may have identify for this project independent testing we been overlooked by staff include the hardscape, cast- perform is for MEP/FP working closely on the in place concrete, roofing, systems. project. windows, drywall,stucco and paint. SAFETY Wharton-Smith has been honored with more than 15 safety awards in recent years, including a national award for Safety Excellence in Construction and Best Overall Safety program. We will develop a jobsite specific safety plan for the Lakeshore Center Expansion project. Our comprehensive safety program includes written programs for hazard communication, fall protection and general construction safety. Our company safety manual contains 24 sections pertaining to all areas of jobsite safety. All field supervisory personnel, Lakeshore Center Expansion I Construction Manager at Risk Services I Page 2441110116. CMR'S QUALIFICATIONS superintendents, assistant superintendents, and craft foreman have been certified as competent persons in at least one of the v following categories: trenching, scaffolding, confined space, i , or fall protection.Thorough jobsite safety inspections are conducted continuously throughout the project by our on-site --3- :� `'., superintendent. r , ;, Additionally, our on-site team is supported by our highly trained Safety Department. Each project is inspected on a rotational basis approximately every two-to-three weeks from a representative from our Safety Department. The inspections cover every aspect of on-site safety and include a written report that addresses both hazardous conditions and behaviors. PROJECT CLOSE-OUT When each project is approximately 50%complete, the team will have a formal meeting to discuss the project close-out process.Through this meeting, a detailed plan will be developed identifying the steps required to close-out the project. This plan will be written and communicated to the entire staff and is devised to ensure a minimal punchlist and quick occupancy for the City of Ocoee. The close-out plan will include the following: Close-Out Letter—When each separate project or purchase order (P.O.) is four-to-six months from completion, a close-out letter is mailed to each subcontractor on the project. The purpose of this letter is to communicate the requirements and documents needed for the subcontractor to receive final payment.The letter clearly states what is expected of the subcontractor and the time frame when the items are due. Subcontractor Close-Out Meeting—This meeting will be held after the close-out letter has been issued. All subcontractors will be invited, especially those subcontractors that we believe may prolong the closeout process. In this meeting, team members will review the requirements identified in the close-out letter and address any questions the subcontractors may have. Again, the more the subcontractors can be educated on the requirements, the better the chance of closing out early. Purchase Order Close-Out Summary—This is an Excel spreadsheet, which identifies all ,w - ,: i. 4. the requirements necessary to close-out all s' YpAl subcontractors and vendors. This sheet will, at a '.'.1 11.1"..'„;\ '''' '''' II _IA minimum, be started at 50% project completion . ���� � _ , 1iiii ji and serve as a tool in keeping every team l , t member informed of the status of the project's 1!�t `' close-out. The Project Manager is responsible for ,p, ' updating this sheet. - Punchlist Work—The punchlist work will bet, completed in a timely and efficient manner to f .r provide a high quality finished product. Our punchlist proceeds as the work proceeds. We . 1 . know that the sooner that we complete an Maitland City Hall Lakeshore Center Expansion I Construction Manager at Risk Services I Page 25 CMR'S QUALIFICATIONS area of work entirely, the less often we have to revisit that area. That is why we develop a punchlist before the City of Ocoee or your Design team provides us with one.This helps the entire project come to a timely completion. As-Built Drawings—The as-built drawings are kept current on the jobsite throughout the work effort. We have internal monthly reviews with our subcontractors on as-builts to ensure that they are up to date for your review at monthly progress meetings. Near the end of the project, we finalize the as-builts and forward them to you or your agent to review for completeness prior to a complete clean set being formally submitted. We will provide a hard copy and electronic files for your facility group. Operation and Maintenance (O&M) Manuals/Executed Project Warranties—This process is usually started after each submittal is approved. We prefer to submit O&M data by submittal item to allow for a more thorough review by all parties. This helps to confirm proper manufacturers, models and options provided on the project are included in the manuals. After a complete review and necessary updates of each submittal item is done, the preliminary manual is assembled and submitted for approval. It is at this time that we also begin the process of collecting all warranty certificates for execution.These are also assembled in a binder as a source for reference. Training will also be scheduled, and any maintenance procedure that is required to be performed by your staff during occupancy will be videotaped for reference. WARRANTY Our approach to a successful warranty period begins with a well-constructed job. Our team has an established system to provide the City of Ocoee with the best possible warranty and post warranty service possible. Our response to warranty issues is immediate. The quicker we react and follow up on warranty issues, the quicker things get done. The Wharton-Smith team will schedule warranty inspections with the City of Ocoee and the project's user group at six months and 11 months to see how things have been working. If there are any warranty issues, this approach will get them addressed prior to expiration of the contracted warranty. In addition, our team will remain responsive long past the warranty period to assist the City with anything that may surface having to do with the design and construction of the project. We are known in the industry for our response measures after the warranty period expires, and our services don't just end when the warranty runs out. We intend to be a life-long community partner to the City of Ocoee and are committed to providing you with a center that will stand the test of time. Wharton-Smith has the required resources to undertake the construction of the City of Ocoee Lakeshore Center Expansion project within the required schedule. Proposed on-site staff will be available 100%during construction, with other of-site/office key vvz, staff members having 15-25% availability (Preconstruction, QA/QC, Executive Management). Lakeshore Center Expansion I Construction Manager at Risk Services I Page 26111101 II. OTHER FORMS iy itti: -.gal 111Irti milt - RIR 1 , mo k1Ek a II . OTHER FORMS 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 estimates budgeted amount shown in the Scope of Services section of this RFQ. CNA SURETY 500 Colon/al Confer Parkway,Salto 400,Lake Mary,FL 32746 Carlos Arjona Underwriter WesternTelephone:407-804-7133 Surety Company E-mail:carlos.arjona@cna.com October 25, 2017 City of Ocoee Finance Department/Purchasing Attn: Joyce Tolbert,CPPB, Purchasing Agent 150 N. Lakeshore Drive Ocoee, FL 34761 Re: Wharton-Smith, Inc. Construction Manager at Risk for Lakeshore Center Expansion RFQ No. 1801 Dear Ms. Tolbert, We are providing this information at the request of our principal. We have been providing surety bonds for Wharton-Smith, Inc.since 1986.We have approved bonds for them covering jobs up to$125,000,000 and potential work programs of$600,000,000. We understand that Wharton-Smith, Inc. has or is about to submit a proposal for project Construction Manager at Risk for Lakeshore Center Expansion RFQ No. 1801. If a contract for this project is awarded to Wharton-Smith, Inc., and based on present circumstances, CNA Surety will be willing to provide bid, performance and payment bonds in compliance with Florida Statute 255.05,on the City's forms,for the application in connection with the project. Any arrangement for bonds required by the contract is a matter between Wharton-Smith, Inc. and the surety and we assume no liability to you or third parties, if for any reason we do not execute these bonds. Sincerely, r -Jr 1� Carlos Arjona Underwriter Western Surety Company --- -- ----- Lakeshore Center Expansion I Construction Manager at Risk Services I Page 27 OTHER FORMS Conflict of Interest Disclosure Form OCOee florida RFQ CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their Proposal: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in the Proposer's firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this proposal. (Indirect ownership or benefit applies to any members of his or her immediate family.) Proposer certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Proposer agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Evaluation Committee members, and other key City employees and consultants involved in the award of this contract. According to Chapter 112, Florida Statutes, the teen"conflict of interest" "means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest",and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting,an employee's professional judgment in exercising any City duty or responsibility in administration,management,instruction,research,or other professional activities. Please check one of the following statements and attach additional documentation if necessary: X To the best of our knowledge,the undersigned firm has no potential conflict of interest for this Proposal. The undersigned firm,by attachment to this form,submits information which may be a potential conflict of interest for this Proposal. Acknowledged by: Wharton-Smith,Inc. Firm Name — - ---- -------_ Signature Darin Crafton/Executive Vice President Name and Title(Print or Type) 111 cos ao ti Date - — ---- RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 19 Lakeshore Center Expansion I Construction Manager at Risk Services I Page 2846101111-1 OTHER FORMS Confidential Disclosure Agreement for Public Building Confidential Disclosure Agreement This Agreement is entered into by and between Wharton-Smith,Inc. (hereinafter "Recipient") and the City of Ocoee(hereinafter"City"). Recitals WHEREAS City needs to disseminate certain building plans, blueprints, specifications, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a water treatment facility("design information"),in order for it to be designed and constructed pursuant to RFQ #1801 Construction Manager at Risk for Lakeshore Center Expansion(the"project");and WHEREAS, such design information is exempt from public records disclosure requirements of Florida Statutes Section 1 19.07(1) and s. 24(a), Art. I of the Florida State Constitution. This exemption provides that design information made exempt by law may be disclosed to another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to a public building or water treatment facility; and that the entities or persons receiving such information shall maintain the exempt status; and WHEREAS the Recipient is willing to receive disclosure of the design information pursuant to the terms of this Agreement for the purpose of bidding on the project and/or performing design services; NOW THEREFORE,for good and sufficient consideration the Recipient agrees as follows: 1. The above Recitals are acknowledged by the Recipient and are incorporated herein by reference. 2. Recipient agrees that it shall prevent and protect the design information, or any part thereof, from disclosure as a public record and shall not disclose the design information to any person or entity other than one having a need for disclosure in connection with Recipient's authorized use of the design information for the purposes of submitting a response to the bid solicitation. 3. Recipient agrees to take all steps reasonably necessary to protect the secrecy of the design information, and to require all entities or persons receiving the design information to maintain its exempt status and to prevent the design information from being disclosed as a public record or coming into the possession of a person or entity that is not authorized. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 20 Lakeshore Center Expansion I Construction Manager at Risk Services I Page 29 OTHER FORMS '-`F..ae .. o ,a3kia-.-`..«.2F•..c.c .c.°.i.. 3.:=.8"b,.«-,P`ti.> ra.. =es' -.c� Confidential Disclosure Agreement for Public Building 3. Recipient agrees that all design information shall ie,nain the property of City. All design information and all copies thereof shall be returned to the City not later than thirty(30) days after the bid opening together with a list of all of the names and addresses of all entities or persons to which the design information has been disclosed;or,in the case of a designer,not later than thirty(30)days after the project is finally completed. Dated this lp.r'" day of: v tree, 20 i . RECIPIENT Signed: Gr Print Name: Darin Crafton Title: Executive Vice President Company: Wharton-Smith,Inc. Address: 750 Monroe Road,Sanford,FL 32771 Phone No: 407-371-8410 Date: ti j to I t Driver's License#: RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 21 Lakeshore Center Expansion I Construction Manager at Risk Services I Page 30 OTHER FORMS Company Information/Signature Sheet. COMPANY INFORMATION/SIGNATURE SHEET RFQ#1801 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. Wharton-Smith,Inc. 407-321-8410 COMPANY NAME TELEPHONE(INCLUDE AREA CODE) 407-829-4453 FAX (INCLUDE AREA CODE) dcrafton@whartonsmith.com E-MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGN y ' -(manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: Darin Crafton/Executive Vice President NAME/TITLE(PLEASE PRINT) 750 Monroe Road STREET ADDRESS Sanford FL 32771 CITY STATE ZIP FEDERAL ID# 59-2392802 Individual X Corporation Partnership Other(Specify) Sworn to and subscribed before me this nth day of I C11*) r ,20 ( . Personally Known X or Produced Identification Notary Public-State of f L (Type of Identification) County of Semi nt:A iv Signa . of Notary Public ,�a►' ,: PAMILA RENEE EVANS Pamela Evans MY COMMISSION#00014442 Printed,typed or stamped EXPIRES July 21,2020 Commissioned name of Notary Public RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 22 Lakeshore Center Expansion I Construction Manager at Risk Services I Page 31 OTHER FORMS Addendum Acknowledgement, If applicable. Mayor Commieeionoru Rusty Johnson John Grogan,District 1 Rosemary Wilaen,District 2 Cite rtFranManager Richard LsWtner,District Robert Frank \^^�,'' Joel F.Keller,District 4 0c0e2 Horton October 31,2017 ADDENDUM NO: ONE(1) CITY OF OCOEE RFQ#1801 CONSTRUCTION MANAGER AT RISK FOR LAKESHORE CENTER EXPANSION This addendum consists of one(11 page, and shall modify and become a part of the original RFQ documents for CMaR for Lakeshore Center Expansion. Respondents shall acknowledge receipt of this Addendum in the space provided on this Addendum. Failure to do so may subject the Respondent to disqualification. The RFQ due date remains the same. Answers to oueations received and/or amendments to the RFP documents are as follows: Q l. Section B,Insurance Terms and Conditions.Number 7 indicates Owner's Protective Liability Insurance is required. We are requesting for#7 to be removed from the listed qualifications.Would these conditions be possible? Al. No,the City requires the contractor to provide this specific coverage. Q2. Please confirm that our firm is allowed to use the City of Ocoee's logo in our submission.If so,are you able to send me a copy of the correct logo for our use? A2. Yes,the use of the City of Ocoee logo shall be limited to vendors applying the logo to formal Bids or Proposals to be submitted to the City pursuant to a competitive solicitation by the City.The logo is available on the City's website or in the header of this Addendum,no separate file will be provided.If you use the city's logo,you should include a statement that reads,"The passion flower logo is copyrighted by the City of Ocoee and is used with permission." Amendment L Confidential Disclosure Agreement,pp.20-21 of the RFQ: Please write in"N/A"or"Not Required"inlthe `blank for the Driver's License Number as this information is no longer required. 6 'to-. CPPB Pure asing Agent cc:Evaluation Committee All respondents shall acknowledge this addendum in your qualification package by completing the section below and including in Section D.11.Submittals-Other Forms. Respondent: Wharton-Smith,Inc. Signature: ce Name: Darin Crafton Title: Executive Vice President Lakeshore Center Expansion I Construction Manager at Risk Services Page 324111101146-1 OTHER FORMS Summary of Litigation;if none, please state so. 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 monerary amounts involved. Wharton-Smith believes that potential conflicts can easily be avoided by developing trustworthy relationships early on with all parties involved on a project and by encouraging open communications. The successes we have had on our projects are due in large part to our commitment to partnering and conflict prevention and resolution. Occasionally, a situation arises where a 3rd party mediation is needed, despite all efforts to avoid it. Our litigation record for the projects filed within the last five (5) years are listed below: Wharton-Smith, Inc. vs. Sitek Corp. and Allegheny Casualty Co. (Case No. 2015-CA-002755-15-G The Circuit Court of the 18th Judicial Circuit For Seminole County, Florida): In November 2015, Wharton-Smith filed suit against Sitek for breach of contract. They had been terminated from the Cypress Creek High School project for their failure to complete their subcontract work. This case is currently in the early stages of discovery. Suwannee Valley Grassing, Inc. vs. Wester Surety Co., Wharton-Smith, Inc. and Barco-Duval Engineering, Inc. (Case No. 2015-CA-4388 In the Circuit Court of the Eighth Judicial Circuit in Alachua County, Florida): In December 2015, Suwannee filed suit for breach of Contract regarding a subcontract they had with Barco- Duval. Barco-Duval was a subcontractor to Wharton-Smith on the Paynes Prairie Sheetflow Restoration project and has a dispute with Suwannee over non-performance and work not completed. Barco-Duval has assumed the defense obligations of Wharton-Smith in accordance with their subcontract. Wharton-Smith was dismissed from the case in September 2016. Lakeshore Center Expansion I Construction Manager at Risk Services I Page 331141101 1 Wharton-Smith,Inc. ("ONS I RUCTION GROUP 750 Monroe Road • Sanford, FL 32771 Tel: 407.321.8410 • Fax: 407.829.4453 www.whartonsmith.com • . 1011q4,..-,,, s t , �r P4'r.* t r' r .. ,. `hy,. 1 y ,n p it a 4 1.. ;ems... altaftm, t. Fa 3: ::.....47,-..:t:-.--t-iur:'v" ✓-.'oit.tF k^£ "'1.A".•-•,,," ,:4k" W 4 iiiliktib. .. ,, i,..„,r:_.„,.,, � a Lakeshore Center Expansion December 7, 2017 Presentation THE 9 it.,_._k /........ YOUR PROJECTTEAM OC O e e • Extensive CM at Risk Experience iv, f i o ri d o • Addition/Renovation Expert! • Client focused-Dedicated to making your vision a reality! 1111 T Rick Bundy * MUNICIPAL CLIENTS IN ProjectExecutive FLORIDA PRECONSTRUCTION CONSTRUCTION • Single point of contact to City of Ocoee • 13 years experience • John and his team will managing projects help you determine • Experienced with your needs vs.wants *. addition/renovation and prioritize program i , projects elements 2 ' • Detailed oriented- • Well respected by John Lyons,LEEDr AP Andrew Kennelly,LEEDS AP You will know where owners for ability to Preconstruchon Services Manager Sr.Project Manager every penny is spent! bring added value to projects Preconstruction Services Team • Known for accurate • Community Center and reliable estimates Construction Experience _ • 35 years working on active construction sites YEARS COLLECTIVE • • Will do whatever it CONSTRUCTION EXPERIENCEIlk ., r takes to get the job done Mike Murray successfully! Senior Superintendent • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • COMMUNITY OUTREACH Lakeshore Center Project Website 24/7 T TMeetings Always available to speak with neighbors about Social Media Platforms Involve the Community their concerns or answer their questions CONSTRUCTION PLAN ,, _, , .. XAMPLES • o • • • PROJECT E a a 4 .x, r� .r ., .,: .. , • Baldwin Park Co „i' -.:,..e., er St.Cloud Lakefront Park E>e . Altamonte Springs Cranes Roost Park 41111116, ' «gym-mow �. �► r ;r k , �t. x w. UNIMPOLOM r ..'''' 2' , I-..,,,,;;;-.1,' - . 5.,,ic.6. .4,-*, . , - 4-4144,,w‘, Nat ir u.� t "`3 3{`wllt Holden Heights Community a ,wok. ' z «: t 2. �_ �_ \ f i I ` j .. -- _ 1 yyq11 3 { < K Iv „ . ..........._ „ - ‘ I ,, 4 • *--- . ''.' '. .1..i k",4*. 1,1 I iZ <4.� � • • UCF Wayne Densch Center for • Student Athletes "" Maitland City Wall -�;, • X45 . a • OUR REFERENCES SPEAK FOR THEMSELVES "Uptown Altamonte is now a reality. And 1 am writing you to thank you and recognize your firm for partnering with us in our pursuit of the long sought-after vision of a sustainable community with a diverse economy. We could not have achieved our vision without the partnership of Wharton- Smith." -Franklin Martz II, Director of Community Redevelopment Agency & Planning Services for the City of Altamonte Springs . "Your staff has gone above and beyond our expectations of performance and proficiency that have always put the project goals first. They have done an excellent job with the communication and knowledge of the project at-hand and proven to have been an asset to the overall success of this project." _ -`G ysseen Bohler, Project Manager for Orange County Government Fg• r • "Wharton-Smith is one of the best CM's we have ever worked with." -�� -Bob Sherrod, Architect Capital Improvements (retired), Volusia County Schools "Wharton-Smith handled the project with the utmost professionalism and constant consideration of the adjacent residents. Attention to detail was evident throughout the project and every team member responded to issues immediatley." -Kristin Caborn, City of St. Cloud Parks and Recreation Director ,� •`'�� � ray� � � "•` .v A 4114: Wharton-Smith, Inc. CONSTRUICTION CROUP CITY OF OCOEE REQUEST FOR QUALIFICATIONS (RFQ) #1801 CONSTRUCTION MANAGER AT RISK FOR LAKESHORE CENTER EXPANSION *14 / ocoee florida TABLE OF CONTENTS FOR RFQ #1801 CONSTRUCTION MANAGER AT RISK FOR LAKESHORE CENTER EXPANSION RFQ DOCUMENTS Section Page Legal Advertisement 3 RFQ Instructions & General Terms & Conditions 4 - 18 Conflict of Interest Disclosure Form 19 Confidential Disclosure Agreement 20 - 21 Company Information and Signature Sheet 22 Attachment"1"—Conceptual Plan (17 pages) 23 Attachment"2"—Rhodes+Brito's Proposed Design Effort Schedule (1 page) 24 Attachment"3"—Current Design Concept Plan (1 page) 25 Attachment"4"—Proposed Agreement including Exhibits "A"—"L" (81 pages) 26 End Table of Contents RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 2 Request for Qualifications, Legal Advertisement The City of Ocoee, Florida, (the "City") is soliciting for sealed statements of qualifications for RFQ #1801 Construction Manager at Risk for Lakeshore Center Expansion. 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 November 7, 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 http://www.ocoee.org under the "Living & Working" section. Partial sets of the documents required for submitting a statement of qualifications will not be issued. By using Onvia/Demandstar, prospective respondents will be provided with all information regarding this RFQ, and all addendums and changes to the project requirements. Membership with Onvia/Demandstar is not required to submit a response; fees may apply for non-members. Persons other than prospective respondents may inspect the documents required for submitting a bid at the Ocoee City Hall City Clerk's Office, 150 N. Lakeshore Drive, Ocoee, FL 34761. Persons inspecting the documents at the City Clerk's office that request copies will be required to pay a fee as prescribed by statute. Melanie Sibbitt, City Clerk, October 8, 2017. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 3 CITY OF OCOEE REQUEST FOR QUALIFICATIONS "RFQ" #1801 CONSTRUCTION MANAGER AT RISK FOR LAKESHORE CENTER EXPANSION 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 of the City's Lakeshore Center Expansion Project for the best possible value. Construction management services shall include but not necessarily be limited to: a. Pre-construction Phase services, including design and construction document review and recommendations in collaboration with the project design team; b. Submission of a Guaranteed Maximum Price and Guaranteed Completion Date; c. Construction Phase services, conditioned upon acceptance of the Guaranteed Maximum Price and Guaranteed Completion Date offered by the firm. Interested firms or individuals must be experienced in providing CMR services for projects of a scope and nature comparable to those described. The construction management entity must have the ability to secure an appropriate surety bond pursuant to s. 255.05, and in conformance with City requirements, and must hold construction subcontracts. Use of qualified subcontractors for specialty work is acceptable. To be considered, the firm or individual shall be a licensed professional in accordance with Florida State law and be familiar with all applicable State of Florida, St. Johns River Water Management District, Orange County, and City of Ocoee codes, regulations, and laws. Please include a copy of all applicable licenses held by firms or subcontractors proposed to perform work. 2. The City intends to award a single contract to one (1) firm deemed to be the most highly qualified to perform the required services. In determining whether a firm is qualified, the City shall consider the Evaluation Criteria set forth in this RFQ. 3. Prospective respondents may secure a copy of the documents required for submitting a response through Onvia/Demandstar by accessing the City's website at http://www.ocoee.org under the "Living & Working" section. Partial sets of the documents required for submitting a statement of qualifications will not be issued. By using Onvia/Demandstar, prospective respondents will be provided with all information regarding this RFQ, 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. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 4 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, CPPB, Purchasing Agent City of Ocoee Finance Department/Purchasing 150 N. Lakeshore Drive Ocoee, Florida 34761 Phone: (407) 905-3100 x 1516 FAX number: (407) 905-3194 jtolbertnci.ocoee.fl.us No fax or e-mailed submissions will be accepted. 6. Qualification packages must be received no later than 2:00 p.m. (local time) on November 7, 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. 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 October 31, 2017 at 2:00 p.m., local time. Questions received after that time may not be answered. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 5 8. Potential Respondents should not contact City staff, with the exception of the Purchasing Agent, members of the Ocoee 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. The prime design consultant is the firm of Rhodes+Brito, Architects. 9. Action on qualification packages is expected to be taken by the City Commission within ninety (90) days of the submission opening date; however, no guarantee or representation is made herein as to the time between receipt of the qualification package and subsequent City Commission action. A more detailed schedule is given below. 10. All applicable laws and regulations of the United States, the State of Florida, and the City of Ocoee will apply to any resulting Agreement. The provisions of the Consultant's Competitive Negotiations Act (Section 287.055, Florida State Statutes) and the provisions of Section 255.103, Florida State Statutes shall apply, where applicable. 11. The successful Respondent shall be required to execute an Agreement, in form and content acceptable to the City, indemnifying and holding harmless the City, its officials, officers, employees, and agents from all claims. 12. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME): A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on an award to provide any goods or services to a public entity, may not submit a proposal on an award with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under 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 returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 6 PUBLIC RECORDS COMPLIANCE. The City of Ocoee (City) is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida's Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the contract, Contractor agrees to transfer at no cost to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public record to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. 5. A Contractor who fails to provide the public records to City within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407-905-3100, EXTENSION 1022, CCDL@ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 150 NORTH LAKESHORE DRIVE, OCOEE, FLORIDA 34761. 1 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. I 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. I i RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 7 I f 2 I i F t i 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 s any item or group of items of any proposal, unless the Respondent qualifies its i 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. I f The City reserves the right to award the contract to the Respondent which, in the 1 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 g' Respondent to submit such additional evidence of Respondent's qualifications as the F City may deem necessary, and may consider any evidence available to the City of the t financial, technical, and other qualifications and abilities of a Respondent, including g; past performance (experience) with the City and others. The City Commission shall be the final authority in the selection of any and all proposals. 1 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. F 17. Performance and Payment Bonds: 1 F a. The Successful Respondent shall furnish the City with a State of Florida 100% 1 Performance and a 100% Payment Bond written by a Surety Company acceptable F' 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 F: and Payment Bond Forms shall be used. b. The cost of the Payment and Performance Bonds shall be borne by the Successful Respondent. The bonds shall be accompanied by duly authenticated or certified documents, in duplicate, evidencing that the person executing the Bonds in behalf of the Surety had the authority to do so on the date of the bonds. The date of the certification cannot be earlier than the Agreement. 18. Conflict of Interest/Non-Collusion Certification: gr The Respondent declares by submission of a qualification package that the only g I 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 T vendor or official of the City of Ocoee.Neither the Affiant nor the above named F entity has directly or indirectly entered into any agreement, participated in any I i 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 I 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 RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 8 i r- Y i or benefit by a spouse or minor child.) The Respondent certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, the Respondent agrees to immediately notify the City in writing. Respondent must submit the attached Conflict of Interest Statement. The Respondent further declares that a careful examination of the scope of services, instructions, and terms and conditions of this bid has occurred, and that the bid is made according to the provisions of the bid documents, and will meet or exceed the scope of services, requirements, and standards contained in the Bid documents. Respondent agrees to abide by all conditions of the negotiation process. In conducting negotiations with the City, Respondent offers and agrees that if this negotiation is accepted, the Respondent will convey, sell, assign, or transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Respondent. The bid constitutes a firm and binding offer by the Respondent to perform the services as stated. 19. Payment Terms: Payment will be based upon monthly applications for payment properly submitted by the Contractor to the Owner and based upon the percentage of work complete. The Owner shall deduct ten (10%) retainage until the job is fifty (50%) complete. Subsequent to the fifty percent (50%) completion milestone, Owner shall reduce retainage withheld on each payment application to five (5%) retainage. All retainage amounts shall be paid when the work is complete, unless otherwise stated in the contract. Payment for all applications for payment for work properly completed shall be made, not later than the Twenty-fifth (25th) business day after the date on which the properly submitted Application For Payment is initially received by the Owner. No payment will be made for materials ordered without proper purchase order authorization. Payment cannot be made until materials, goods or services, have been received and accepted by the City in the quality and quantity ordered. Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available. The City of Ocoee, Florida has the following tax exemption certificates assigned: • Florida Sales & Use Tax Exemption Certificate No. 85-8013779974C-0; and • Pursuant to Chapter 212, Florida Statutes, the City is exempt from federal excise, state, and local sales taxes. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 9 it 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.). f. Observe the speed limit on City property. g. Construction areas cleaned daily; excavations must be barricaded or flagged until backfilled. In some cases, bracing, shoring and sloping may be required. h. Scaffolds shall have guard rails on all open sides and secured to prevent displacement. i. Powder actuated stud guns or low velocity and/or similar powder actuated tools require eye and ear protection as well as to ensure that all unauthorized personnel are well clear. j. Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided and combustible materials cleaned up. k. All heavy equipment must have, where applicable, (a) back-up alarms, (b) boom angle indicator, ( c ) load chart, (d) reeving, (3) fire extinguisher, (f) condition of hook and other items in accordance with OSHA 1926.550 and ANSI B30.5. 1. 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 a. 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. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 10 fT 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 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. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 11 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 1 • Liability coverage will include hired & non-owned automobile liability • Include Waiver of Subrogation in favor of The City of Ocoee 5. Comprehensive General Liability (Occurrence Form) - This policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Contractor is primary and non-contributory. • $2,000,000 GENERAL AGGREGATE • $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE • $1,000,000 PER OCCURRENCE • $1,000,000 PERSONAL &ADVERTISING INJURY • Include Waiver of Subrogation in favor of the City of Ocoee 6. Subcontractor's Comprehensive General Liability, Automobile Liability and Worker's Compensation Insurance: The Contractor shall require each subcontractor to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subcontractors in the Contractor's policy, as specified above. 7. Owner's Protective Liability Insurance: As applicable for construction projects, providing coverage for the named insured's liability that arises out of operations performed for the named insured by independent contractors and are directly imposed because of the named insured's general supervision of the independent contractor. The Contractor shall procure and furnish an Owner's Protective Liability Insurance Policy RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 12 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 • $1,000,000 Any(1) Occurrence (Remainder of page left blank intentionally.) RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 13 oAn Uaron.nv l ACOR0. CERTIFICATE OF LIABILITY INSURANCE FRU-1" 11/04/04 f� � THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED SY THE FOLSO M BELOW. • INSURERS APPoRDINO COVERAGE MAX AWARD -----___�_.– —.— •o SURFR A r a..a wy a.a w•a 101113113 .�._.,. COOgsGtraator'a Name POURER C GLddrau MOWa MAW IL COVERAGES THE.DACE/or O11UTAPIC1 USTFO$BDN NAVE KEPI IMlm tO OUR MAURO MAIAO MOW FOR TNSNICY P0000 NOCATW ICIW,TIIRAMONO Asn IIS,MOP OR COMMON Or ANT CONTRACT OR OTN0100CI100 Mn'RSMCT TO WHIC1131.1110EPITIFICATt MAY IM RUM OR wr PERTAN,M 513101NIC/AfPOROID WY TIE MOUSES OMCs.®MME R SUOJECT TO AU THE TWA 101CUJOIONIARO CZd1CM1 OP IUCN POLM A06RIOATI LAWS WNW WY NM REM ROOMS,SYPAOW** UurPq�TM/�W�Pp�CPOp�ROpw NORTYPaOP SIa1NN,IC/ POTCV NUMNR dila klagYi -WAMEN" a seluRL WAV! EACROCOISISCE 11,000,000 galla= $50,000 j X CommecML smarm�'u[mmoY galla==.,Ra+Aa.'al CLAY soca U=DM i Imo OMIMges NS'I 15,000 i PMMONAL SAOV NMRY 11,000,000 GOMI'AooaEMATS $2,000,000 mon.roossoATSL IMT PAVES Pot PRDouen•CaNn0,ASo-12,000,000 POLICY 1A•1 RGT t i AUTONOIRS Lamour, WII MENInILITT 51,000,000 _ MIV AUTO KL 0001t0 AUTOS ( 3.1. ■*promo AUTOS Homo AUTOS 11001Y MAW, tti 3360.1) j MOM-HMSO AUTOS PROMPT,"0.14*61 I*mums Wain AUTO CoAY.a ACC1000 f IA ACC'$ A"'TAL/TO OTROR TRIAI AUTO ONLY. Apo 1 RamSMRMmUALNKRY' RAC,OCGURRINCS 11,000,000 _ ._1 mom OMMM$0e A00311OSn s 2,000,000 I f TROUCTeIe WMR10M 1 Z]roNYiMil� 1"i WORKERS COIM$MATOMA IO aML,Orar MKT' SA.FACMACOo1NT 1500,000 AR`N10PRRI'ORMMMiNWLmCUTM Al.aurae IAVMLOYEE 1$00,000 �Y 1fro. + L 001141•POUCT LanT 1500,000 OfIaR Builders Risk ( tt Any 1 Los 1�'� Any 1 0cc 1,000,000 osscse MI Or OINMTOMD WCAncos/menu T eS0.OWM1 ROOM w MOORSFAENT I WOOL 1110N1101tl The insurance evidenced by this certificate shall name the certificate holders as an additional insured on the General Liability a D1<brella Liability. WorkersCompensation, Saployera' Liability I General Liability shall contain a Waiver of Subrogation in favor of the certificate holder. The certificate bolder is added as a =Ed jGHDJ6d fa'IlGilifts Risk. CERTIFICATE HOLDER CANCELLATION 0001101 81a1o5 ARV Of TNN A.OV$mesas*Paw SI CARCO-00 Wan TE UPMATOA saw TII,ROP.TIS MUM NWMSRwAl eMOIAYOR To rm. 10 aAn WaTTs* MOTION To TM CMTTeSATI NOLORR DAME TO TR WT.Sof Futon TO00 30 SMALL City of Ocoee WON N0 MORTON OR LAMM Or ANT MDVM TIE*SURER.e/AGENTS OR 150 N. Lakeshore Drive REPRYMDTATNLL Ocoee P1 14761-2251 AUnIOR¢W REPRES[MATM ` ACORD CORPORATION 1111 ACOISD GS(200,ga) SR-+w p c G_ 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, RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 14 except ten (10) days written notice of cancellation for non-payment of premium. C. SCOPE OF SERVICES The Lakeshore Center expansion project is part of a $45 million public infrastructure investment by the City as a means of stimulating development in the downtown Ocoee area. This project will be funded by bond proceeds and other dollars appropriated by the City Commission. Additional information is available regarding Ocoee's Downtown Redevelopment at http://www.ocoee.org/807/Downtown-Master-Plan. Specific information about the Lakeshore Center Expansion project is found at http://www.ocoee.org/841/Lakeshore-Center-Expansion. The City constructed the Lakeshore Center at its present location and in its current configuration during 2013-14, with dedication occurring on February 6, 2014. The current effective capacity for banquet-style seating is 225 persons. Based on local market demand, the City seeks to expand the banquet capacity to 400+ persons by extending the building to the north. A conceptual plan was developed by the original project designer, Rhodes+Brito, Architects, to explore this potential expansion (see Attachment 1). The City subsequently retained the firm to develop the construction plans needed to implement the conceptual plan. In addition, the expansion project will address existing issues with the building's lighting control and audiovisual systems. The proposed design effort schedule has a January 25, 2018 milestone date for plan completion (see Attachment 2). The current design concept has an enlarged pre-function (lobby) area that also serves as a smaller meeting/banquet facility, plus a separate accessory storage building of 2,500 SF for storing outdoor event equipment and housing a linen laundry (see Attachment 3). Construction is expected to begin on or after March 12, 2018, following two planned city events, although interior work, such as to remove and store furnishes, protect sections of the building that will not be modified, and construct supporting structures may begin as soon as the construction cost negotiations have been concluded. The building will not be in use during the construction period. Additional work may be occurring in the general area on other City construction projects, particularly improvements to Lakefront Park. The CMR selected for the work will provide: 1. Pre-construction services including thorough document review and identification for constructability, completeness, redundancies, gaps, the development of cost containment strategies, value engineering, and development of a Guaranteed Maximum Price (GMP) and Guaranteed Delivery Date. 2. Construction phase administration, including all scheduling and construction phasing of the work, coordination with the other development work that may be concurrently occurring adjacent to the work site, general contracting services (for all trades and including self-performance of work at the CMR's option and with City RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 15 i approval), coordination with private and public utilities, and securing of all required local construction permits (there is no cost for City-issued permits). D. SUBMITTALS Qualifications packages shall be designed to portray to the City how the respondent's services can best match the knowledge, skills, and abilities suggested by the anticipated Scope of Services given above. Interested firms or individuals must be experienced in providing CMR services and shall be a licensed General Contractor in the State of Florida in good standing. Use of qualified subcontractors for specialty work is acceptable and expected. To be considered, the firm or individual must be familiar with all applicable State of Florida, St. Johns River Water Management District, Orange County, and City of Ocoee codes, regulations, and laws. Please include a copy of all applicable licenses held by the CMR firm and project team proposed to perform work. In order for the City to evaluate the qualification package, each Respondent shall provide information relative to their ability to provide services that will best meet the needs of the City. The required submission materials include the following: I. CMR's Qualifications • List of CMR's kej 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 agencie ,professional organizations, etc. • Provide a project s ff 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: riefly describe the CMR's understanding of the project and how the CMR would ac omplish this work. II. Other Forms (not in luded in page limit) • Attach a Letter of Intent from a qualified surety company indicating the Respondent's bonding capacity for this project (performance and payment bond) and the surety's willingness to issu such a bond that is in compliance with Florida Statute 255.05, on the City's forms rovided in this RFQ, in an amount in excess of the estimated budgeted amount s own in the Scope of Services section of this RFQ. See Section 17 of the RFQ for add tional information. • Conflict of Interest Disclosure Form. • Confidential Disclosure Agreement for Public Building. • Company Information/Signature Sheet. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 16 • Addendum Acknowledgement, if applicable. • Minority Business Enterprise Certification for the CMR firm, if applicable. Attach copy of State of Florida or County MBE Certificate. • Summary of Litigation; if none, please so state. Provide a summary of any litigation claim(s), bid or contract dispute(s) filed by or against the CMR firm in the past five (5) years which is related to the services that the CMR firm provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contract dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. E. TIME SCHEDULE The anticipated schedule of events related to this solicitation is: Date of RFQ Request for qualifications advertised 23 days later Last day for questions 30 days later Statements of qualification are due 35 days later Qualification statements distributed to evaluation committee 45 days later Evaluation committee meeting held 50-60 days later Interviews of the top three or more Respondents Next meeting Short-list of ranked firms recommended to City Commission Dates are estimated and subject to change at the City's discretion. F. SELECTION PROCESS 1. The criteria for selection shall be based on the criteria listed in the RFQ. The City reserves the right, before awarding the contract, to require a Respondent to submit additional evidence of its qualifications, as the City may deem necessary, and shall conduct discussions with, and may require oral presentations by, no fewer than three (3)firms. The City shall be the sole judge of the competency of Respondents. 2. A City evaluation committee will evaluate each respondent's qualifications and after interviews and/or oral presentations will short-list and recommend to the City Commission the top three (3) firms, if possible, in ranked order of qualifications based upon the evaluation committee's evaluation of the responses and any client references. All Respondents shall be notified via Onvia/Demandstar or other means of the evaluation committee's recommended ranking of firms to the City Commission. The City Commission's decision to endorse or modify the ranking by the evaluation committee shall be final. The City Commission shall be the final authority in the award or rejection of any and all responses. 3. The City will apply the negotiation requirements of Section 287.0055, Fla. Stat., (a.k.a., CCNA). The City will attempt to negotiate an agreement with the top-ranked 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. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 17 4. The successful Respondent shall be required to execute an agreement which provides, among other things, that all plans, drawings, reports, and specifications that result from Respondent's services shall become the property of the City. Upon the successful negotiation of an agreement, a formal contract will be prepared and subsequent executed by both parties. The general form of this agreement is provided in Attachment 3. 5. The following evaluation criteria will be used to rate the timely received responses: Evaluation Criteria Maximum Points 1. Overall expertise of the CMR to provide requested services: • Building construction of the type anticipated 35 • Public facility and entertainment venue construction • General civil construction 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. 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: 1. A Bidder shall file a written bid protest under this Article or be barred any relief; oral protests shall not be acknowledged. 2. A bid protest shall be limited to the following grounds: (a) issues arising from the procurement provisions of the Project Manual, its addenda, and other bidding documents; and/or(b) applicable federal, state, or local law.No bid protest may be based upon questions concerning the design documents (drawings and specifications). The Bidder shall clarify all questions concerning the design documents of the project prior to submitting its bid. 3. The content of the bid protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief requested. 4. The bid protest shall be filed with the Purchasing Agent not later than five (5) calendar days after the posting of the notice of intent to award or recommendation of award by staff, whichever is earlier. 5. The Purchasing Agent, on behalf of the City, shall make a determination of the merits of the protest not later than five (5) business days after receipt of the protest. If the City denies the protest, the City may proceed with award of the contract unless enjoined by order of a court of competent jurisdiction. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 18 ocoee florid° RFQ CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their Proposal: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in the Proposer's firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this proposal. (Indirect ownership or benefit applies to any members of his or her immediate family.) Proposer certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Proposer agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Evaluation Committee members, and other key City employees and consultants involved in the award of this contract. According to Chapter 112, Florida Statutes, the term "conflict of interest" "means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest", and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration,management, instruction, research,or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge,the undersigned firm has no potential conflict of interest for this Proposal. The undersigned firm,by attachment to this form, submits information which may be a potential conflict of interest for this Proposal. Acknowledged by: Firm Name Signature Name and Title(Print or Type) Date RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 19 Confidential Disclosure Agreement This Agreement is entered into by and between (hereinafter "Recipient") and the City of Ocoee (hereinafter"City"). Recitals WHEREAS City needs to disseminate certain building plans, blueprints, specifications, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a water treatment facility ("design information"), in order for it to be designed and constructed pursuant to RFQ #1801 Construction Manager at Risk for Lakeshore Center Expansion (the "project"); and WHEREAS, such design information is exempt from public records disclosure requirements of Florida Statutes Section 119.07(1) and s. 24(a), Art. I of the Florida State Constitution. This exemption provides that design information made exempt by law may be disclosed to another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to a public building or water treatment facility; and that the entities or persons receiving such information shall maintain the exempt status; and WHEREAS the Recipient is willing to receive disclosure of the design information pursuant to the terms of this Agreement for the purpose of bidding on the project and/or performing design services; NOW THEREFORE, for good and sufficient consideration the Recipient agrees as follows: 1. The above Recitals are acknowledged by the Recipient and are incorporated herein by reference. 2. Recipient agrees that it shall prevent and protect the design information, or any part thereof, from disclosure as a public record and shall not disclose the design information to any person or entity other than one having a need for disclosure in connection with Recipient's authorized use of the design information for the purposes of submitting a response to the bid solicitation. 3. Recipient agrees to take all steps reasonably necessary to protect the secrecy of the design information, and to require all entities or persons receiving the design information to maintain its exempt status and to prevent the design information from being disclosed as a public record or coming into the possession of a person or entity that is not authorized. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 20 3. Recipient agrees that all design information shall remain the property of City. All design information and all copies thereof shall be returned to the City not later than thirty (30) days after the bid opening together with a list of all of the names and addresses of all entities or persons to which the design information has been disclosed; or, in the case of a designer, not later than thirty (30) days after the project is finally completed. Dated this day of , 20_ RECIPIENT Signed: Print Name: Title: Company: Address: Phone No: Date: Driver's License#: RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 21 COMPANY INFORMATION/SIGNATURE SHEET RFQ#1801 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 ID# Individual Corporation Partnership Other(Specify) Sworn to and subscribed before me this day of ,20 . Personally Known or Produced Identification Notary Public-State of (Type of Identification) County of Signature of Notary Public Printed,typed or stamped Commissioned name of Notary Public RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 22 ATTACHMENT "1" LAKESHORE CENTER EXPANSION CONCEPTUAL PLAN RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion 23 rhodes+brito A.002809 ARCHITECTS May 17, 2017 Mr.Jack A.Butler(Al) CIP Manager City of Ocoee City Hall 150 N Lakeshore Drive Ocoee, FL 34761 RE: Fee Proposal for Architectural/Engineering Services to Expand the Lakeshore Community Center J Dear Al, Per your request, attached is our proposal for Architectural/Engineering services for the expansion of the Lakeshore Community Center. Thank you for the opportunity to present this proposal. We proposed to provide the Basic Design services as described in Article 2 of the proposal for the Lump Sum fee of$168,566.00 We've also provide a fee for administering the construction portion of the project which (with services described in Article 3)is$33,187.00 We would like to explain some of the thought that went into the preparation of this proposal. As a reality check to our design fee requests, we often check the Florida DMS fee calculator to be certain that we are within what would be considered fair and reasonable for public work, as we did this for this proposal. The fee calculator is at: https://fp.state.fl.us/docs/DMSAEFeeGuidedefinition.asp. Please note the definition of Basic Services and Additional Services in the calculator.The DMS Fee calculator does not include civil, landscape, and specialty engineering services in its basic fee determination. Basic construction administration is included (defined in the fine print). We believe that the City will obtain some cost savings in fees as some of the detailing for the original building will carry over to the addition (we would request to meet with you to confirm as-built conditions for some of them). We have accounted for these savings. However, as you are aware, the original building was not designed for expansion. As a result,there will need to be considerable modifications to the building and its systems to accommodate a 50% expansion. This project is particularly challenging as we will be removing a bearing wall and re-orienting the hall. This effort is also accounted for in our proposal. For our purposes, we considered this project to be "Complexity Group C." Our proposed fee is within the basic range of the calculator. We have provided a separate fee for Construction Administration services (CA) and highly recommend that you consider awarding CA with the design. You may recall, our CA effort was highly limited (no site representation and limited administration of the GC) during the original construction of the Lakeshore Facility. Byron and I felt it was necessary to visit the construction site, regardless, out of concern.This addition will be extremely challenging, and we advise the City to consider full CA services as outlined in Article 3. When we provide construction administration, it greatly reduces the risk to all parties involved. Unexpected conditions found at the project site, unspecified materials, unusual means and methods employed by the contractor, or other potential problems may arise during construction. CA also allows for rapid response to unforeseen conditions which will be particularly important when we are modifying and expanding this facility. We have spelled out what CA services might look like in Article 3 of our proposal, and included a separate fee for those services in Article 7. As a note, we believe the fee for this effort is very reasonable for the effort entailed. A leader in our Construction Administration team is Steve Schoene. He is a licensed General Contractor, and we have attached his resume for your reference to this cover letter. He and the other design team members will be heavily involved in the construction of this project. M605 E.Robinson Street ■ Suite 750 ■ Orlando,FL 32801 ■ 407.648.7288 ■ www.rbarchitects.com :\11015-0000_city of ocoee-cont sys\workorders\xx_04lakeshore_expansion\rb_Isc-cletdocx RHODES+BRITO ARCHITECTS CONTRACT FOR ARCHITECTURAL SERVICES The following Agreement (Work Order) made as of May 17, in the year 2017 for providing Architectural Services as defined in Article 2—Scope of Basic Services between: Lakeshore Community Center Expansion Ocoee, Florida THE CITY: City of Ocoee .1 % CityHall 150 N Lakeshore Drive Ocoee, FL 34761 Contact: Mr. 1. Al Butler CIP Manager THE ARCHITECT: Rhodes+Brito Architects Inc. 605 East Robinson St., Suite 750 Orlando, FL. 32801 FL. License: AA 0002809 Contact: Ruffin Rhodes, AIA (407) 648-7288 EXT.103 605 EAST ROBINSON STREET,SUITE 750:ORLANDO FL,32801:407.648.7288:AA 0002809■ RHODES+BRITO ARCHITECTS The Ocoee Lakeshore Community Center Expansion PROPOSAL FOR ARCHITECTURAL SERVICES May 17, 2017 ARTICLE 1 UNDERSTANDING OF THE PROJECT 1.1 The City of Ocoee (City) has requested Rhodes+Brito Architects (Architect), as a part of its continuing service agreement with the City, to provide design services to expand and modify the Lakeshore Community Center at Lakefront Park in downtown Ocoee. The Center was constructed in 2014 and is approximately 9,000 square feet. The facility accommodates approximately 225 occupants in banquet- style seating in its large banquet hall. In March of 2017,the City requested the Architect to complete an analysis exploring the feasibility of expanding the Center. The analysis, completed in mid-April is attached as Exhibit A to this proposal. 1.2 In summary, the analysis presented an option to expand the facility to the north, into the existing staff parking area. The expansion will increase the area of the facility to approximately 13,000 square feet and accommodate 160 additional occupants in banquet-style seating. The expansion will necessitate the removal of the north wall to enlarge the existing hall. Because this facility was not originally designed for expansion, this effort will involve significant modifications to the structure and building systems within the existing spaces. No expansion of the food service (kitchen) area is necessary for this expansion. The addition will include an extended Pre-function Lobby and additional storage/mechanical room space. The expansion concept is described in detail in Exhibit A. The City requests the following modifications and upgrades relative to Exhibit A: 1.2.1 The City requests complete replacement of the Audio/Visual system (except for the existing speakers in the ceiling) of the Banquet Room. It will be necessary to provide additional speakers in the lobby for sound. 1.2.2 A non-digital control interface (e.g., dimmer switches) should be considered as a low-tech option for replacing the existing digital lighting control system. If possibile,the Design Team will use the networked lighting fixtures to simplify the wiring required. 1.2.3 The City desires to eliminate the bar shown in the pre-function lobby and create storage and restrooms to the north "porch" expansion, depicted in Exhibit A. 1.2.4 The existing business center, near the entry,will be modified to a "bridal suite." 1.3 The occupant load will exceed the original capacity limit. As a result, the Architect will determine other impacts to the existing facility egress and life safety system components. 1.4 This proposal is subject to the terms of the agreement of the Master Agreement—Continuing Consulting Agreement for Professional Architectural Services dated January 3, 2012, with the City of Ocoee. If any conflicts occur,then all terms of that agreement shall supersede. 1.5 The proposed construction budget is $2,000,000.00. The Architect has provided a lump sum fee as outlined in Article 7 Compensation with conditions as indicated in Article 4 Assumptions, Clarifications and Exclusions. 1.6 Architect's consultants for this project shall be understood to include: 1.6.1 C&S Engineering for mechanical, plumbing, and fire protection engineering. 1.6.2 SGM Engineering for electrical, and low voltage (fire alarm, Audio/Video, and technology engineering) design services; 1.6.3 Advanced Structural Design (ASD)for structural engineering design services; 1.6.4 Atkins Global for civil engineering design services; 1.6.5 Ramski &Company for Interior Design services; 1.6.6 S&ME (Littlejohn)for landscape architecture and irrigation design. P:\11015-0000_CITY OF OCOEE-CONT SVS\WORKORDERS\XX_O4LAKESHORE_EXPANSION\RB_LSC-EXPANSIONPROPOSAL_REV.DOCX PAGE2OF9 AA0002809• RHODES+ BRITO ARCHITECTS The Ocoee Lakeshore Community Center Expansion PROPOSAL FOR ARCHITECTURAL SERVICES May 17, 2017 ARTICLE 2 SCOPE OF BASIC SERVICES—DESIGN DOCUMENTS/PERMITTING 2.1 The scope of basic services shall include the completion of construction documents and permit documents (including architectural and engineering design services) for the scope as described in Article 1 above. The scope of Basic Services shall include: 2.1.1 Schematic Design Services a. The Architect shall complete a kick-off meeting with the City to confirm the scope of work and confirm any additional planned minor modifications to the Conceptual Expansion Study, and programmatic changes. The Architect (and engineering team)will review each discipline with City Staff to confirm the design complies with the City's requirements. b. Following the kick-off meeting and confirmation of the scope of work,the Architect shall develop construction documents to a schematic level of completion (30% construction documents), including building elevations, building sections, site development drawings that communicate the overall design intent and appearance of the expanded facility. c. Deliverable Scope for Schematic Design.The Architect will prepare a pdf file for electronic delivery of the Schematic Design submittal to the City for review.This submittal will include the following: i. Floor plans, reflected ceiling plans, building sections,wall sections, building elevations, and appropriate schematic engineering drawings to accurately communicating the design intent. ii. Outline Specifications. d. The Architect has budgeted for no more than two (2) design meetings with City to review schematic deliverable documents. 2.1.2 Design Development Services a. Upon approval by City of Schematic Design documents and incorporation of City comments, the Architect shall prepare Design Development documents to a level of approximately 60% construction document completion for submittal to the City for review. b. Deliverable Scope:The Architect will prepare a pdf file for electronic delivery of the Design Development Submittal to the City for review.This submittal will include the following: i. Architectural, Civil, Landscape, and MEP/FP drawings, as required to accurately communicating the design intent at Design Development (60%construction document) completion level. ii. Project Specifications completed to 60%. c. Meetings: i. The Architect will attend 1 "plan-flip" meeting with the City to review Design Development documents.The Architect will document owner review comments and make appropriate revisions. 2.1.3 95% Construction Document Services a. Upon approval by City of Design Development documents and incorporation of City comments,the Architect shall prepare Construction Documents and specifications to a level of approximately 95%completion for submittal to the City for review. b. Deliverable Scope: i. PDF set of 95%Construction Documents (including specifications). c. Meetings: i. The Architect shall attend 1 "plan-flip" meeting with the City Staff to review the 95% Construction Documents. 2.1.4 Permit Documents Submittal P:\11015-0000_CITY OF OCOEE-CONT 5V5\WORKORDERS\XX_O4LAKESHORE_EXPANSION\RB_LSC-EXPANSIONPROPOSAL_REV.DOCX PAGE 3 OF 9 AA 0002809 RHODES+ BRITO ARCHITECTS The Ocoee Lakeshore Community Center Expansion PROPOSAL FOR ARCHITECTURAL SERVICES May 17,2017 a. Upon approval by City of 95%Construction Documents and incorporation of City comments, Architect shall complete any revisions and prepare Permit Documents for submission to the City Building Division. b. Deliverable Scope: i. Signed and sealed Electronic drawing files (if permitted by the City Building Division) or printed drawings. 2.1.5 Permitting Services a. Publication and submittal of Permit Documents for review by Building Official (permitting will be the responsibility of the City and/or the Contractor). b. The Architect will respond to questions and comments regarding the permit documents to the City Permitting agency. These services may include; i. Respond to questions from the Permitting Agency in a written, narrative format. ii. Prepare addenda (revisions to the contract documents)to address the Building Division c. Deliverable Scope: i. Electronically signed and sealed documents (PDF)to the Building Department ii. PDF set of architectural drawings and specifications as required. ARTICLE 3 CONSTRUCTION ADMINISTRATION SERVICES(OPTIONAL) 3.1 Construction Administration: If approved by the City, The Architect will provide administration of the Contract for Construction and, when granted authority, will be the Owner's representative, acting on the Owner's behalf during construction until the final Certificate for Payment is issued. 3.2 Responsibilities: Construction administration services shall consist of the following tasks: 3.2.1 The Architect will attend one Pre-Construction Meeting and Bi-weekly progress meetings to review the progress of construction. The Architect will confirm that the Contractor will administer construction meetings, document proposed changes in the work, construction decisions and direction in writing, and update the project schedule as necessary. 3.2.2 Site Visits: The Architect will visit the site at appropriate intervals to become familiar with the progress and quality of the Work completed, observing if it complies with the Contract Documents. The Architect will document this visit in a written report to the Contractor and the City. 3.2.3 Shop Drawings: The Architect will review Shop Drawings, Product Data and Samples (Submittals) submitted by the Contractor for compliance with the design intent only. The Architect will have no more than ten business days for review. 3.2.4 Request for Information:The Architect will respond to Request for Information (RFI'S)forwarded to the Architect by the Contractor and City. The Architect will have 5 (Five) business days to respond. 3.2.5 If required,the Architect will assist the City in a review of the Contractor's Payment Applications. 3.2.6 The City acknowledges that the Architect is not responsible for the means and methods of construction or safety precautions and will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents. 3.2.7 The Architect will conduct a final "Punchlist."walkthrough at substantial completion to document all work in need of completion, repair/replacement, or deficient work. This report/list will be submitted to the Contractor and the City for review. P:\11015-0000_CITY OF OCOEE-CONT SVS\WORKORDER5V(X_04LAKESHORE_EXPANSION\RBLSC-EXPANSIONPROPOSAL_REV.DOC)( PAGE 4 OF 9 AA 0002809■ RHODES+ BRITO ARCHITECTS The Ocoee Lakeshore Community Center Expansion PROPOSAL FOR ARCHITECTURAL SERVICES May 17, 2017 ARTICLE 4 RESPONSIBILITIES OF CITY AND ARCHITECT 4.1 CITY 4.1.1 The City shall allow access to the site location. The Architect will notify the City when access to the existing center is necessary. 4.1.2 The City shall provide access to original building shop-drawings and submittals to the Architect. 4.1.3 The City shall arrange appropriate City Staff to review and confer with the Architect on the City's design requirements. Appropriate staff may include HVAC Maintenance personnel, Building and Fire officials, etc. 4.1.4 The City shall provide Geotechnical Report and Site Survey (topography, overhead and underground utilities,structures, etc.)to Architect before starting the design process. 4.1.5 Coordination with planned surrounding development. The City shall inform the Architect of all planned development that may impact the design and construction of the addition to the Lakeshore Center. 4.2 ARCHITECT 4.2.1 The Architect shall provide all services and work products as defined in Article 2. If approved, the Architect will provide services as stipulated in Article 3 —Construction Administration. This work and service under this Agreement shall be the skill and care ordinarily exercised by members of Architect's or Architect's Consultant's profession practicing under similar circumstances at the same time and in the same locality. 4.2.2 The Work requires engineering design which will be provided by sub-consultants to the Architect. Reference to the Architect in this document includes consultants under contract to the Architect. 4.2.3 Services will be completed as expeditiously as is consistent with the accepted standard of care for the performance of such services. The Architect shall not be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its negligence. ARTICLE 5 ASSUMPTIONS,CLARIFICATIONS,AND EXCLUSIONS 5.1 The City recognizes that the following services are NOT included in the Basic Scope of Services: 5.1.1 Selection of Furniture,systems furniture, and equipment. 5.1.2 Graphics/Signage systems (other than required by code) 5.1.3 Detailed renderings 5.1.4 Cost estimating services 5.1.5 Property Survey 5.1.6 Geotechnical engineering 5.1.7 Threshold Inspection services 5.1.8 Value Engineering Services 5.1.9 Construction Administration Services 5.1.10 USGBC LEED or Other Agency Sustainable certifications. 5.2 The Architect has assumed that the proposed building addition will match the existing exterior building materials and existing interior finishes. The City acknowledges that the Architect has not included fees for the complete redesign of new interior finishes or exterior material selections. P:\11015-0000 CITY OF OCOEE-CONT SVS\WORKORDERS\XX_O4LAKESHOREEXPANSION\R8_L5C-EXPANSIONPROPOSAL_REV.DOCX PAGE 5 OF 9 AA 0002809■ RHODES+ BRITO ARCHITECTS The Ocoee Lakeshore Community Center Expansion PROPOSAL FOR ARCHITECTURAL SERVICES May 17, 2017 5.3 The City acknowledges that the existing exterior finishes (i.e. brickwork, metal roofing, and paint) may have faded due to exposure. The Architect will endeavor to match the finishes but cannot and does not warranty that new materials will match the existing finishes. 5.4 The City will provide design services for additional parking required for this facility. Additional parking is not included in this proposal for design or within the scope of this contract. 5.5 The Architect has assumed that the Center will not remain operational during construction and limited power and air conditioning will be available. The City is responsible for coordinating the security and removal of all furnishings and equipment during construction. 5.6 The Architect has not included fees for any temporary partitions required by the contractor to construct this addition. 5.7 The City acknowledges that the Contractor/Construction Manager is solely responsible for the means and methods of Construction. 5.8 The Architect has assumed that the existing East outdoor plaza,front outdoor entry porch, will remain as constructed. The Architect has included fees for the Landscape design of the proposed North Plaza area only. 5.9 The City acknowledges that the Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. 5.10 The City acknowledges that the Building Codes have been updated since the construction of this facility. The Architect may be required by the Authority having Jurisdiction (Ocoee Building Division) to bring other portions of the existing building up to code. The Architect has anticipated some of this effort (Fire Alarm System, Energy Codes, and egress components (exit doors, etc.). The City acknowledges, however, it is the Authority Having Jurisdiction (Ocoee Building Division) that has the ultimate authority to require other components be brought up to current codes. Should any of this work fall outside the Architect's anticipated scope,the Architect shall submit an additional service request for such work. 5.11 It is our understanding that the City will hire a Construction Manager (CM) to provide Pre-Construction Services (constructability and cost estimating) and Construction Services for this addition. The Architect will endeavor to work with the CM and the City during the design process to confirm that the project is within the City's construction budget. The City acknowledges that the Architect has no control over the cost of labor or materials or the CM or subcontractor(s) method of determining prices, nor the competitive bidding process or market conditions. The City recognizes that the Architect work with the CM and City to offer suggestions that can assist in bringing the project in compliance. These suggestions may include; 5.11.1 Value Engineering of the Contract Documents to reduce the costs. 5.11.2 Alternates packages for bidding. 5.12 The City acknowledges that the Architect may be due an Additional Service should the Architect determine that such work requires extensive revisions of the Contract Documents. 5.13 The City acknowledges that the Architect has no fee for providing more than one (1) bidding package or providing alternates during design. 5.14 The City acknowledges that Construction Administration Services are not included in the Basic Scope of Work for the Architect. Should the City proceed with construction without the Architect administering the Contract fully as defined in Article 3 Construction Administration Services, then the Architect cannot P:\11015-0000_CITY OF OCOEE-CONT SVS\WORKORDERS\XX 04LAKESHORE_EXPANSION\RBLSC-EXPANSIONPROPOSAL_REV.DOCX PAGE6OF9 AA0002809• RHODES+ BRITO ARCHITECTS The Ocoee Lakeshore Community Center Expansion PROPOSAL FOR ARCHITECTURAL SERVICES May 17, 2017 be held liable for discovered defects in the work that are not in compliance with the Contract Documents, undiscovered material deficiencies, or workmanship deficiencies. 5.15 The City acknowledges that the Architect has not included the costs of permits or inspections in this proposal. ARTICLE 6 COMPENSATION 6.1 The City agrees to compensate the Architect a total Lump Sum fee of one hundred sixty eight thousand five hundred sixty six dollars and zero cents ($168,566.00) for services outlined in Article 2 - SCOPE OF BASIC SERVICES. The Architect will invoice the City monthly, as indicated below on a percent completed basis for each phase. Invoices will include any reimbursable expenses incurred to date as defined in 7.3 below. Payment is expected within 30 calendar days from City receipt of invoice. PHASE FEE AMOUNT: Schematic Design $50,570.00 Design Development $50,570.00 Construction Documents $58,998.00 Permitting $8,428.00 TOTAL LUMP SUM FEE: $168,566.00 6.2 The City agrees to compensate the Architect a total Lump Sum fee of thirty three thousand one hundred eighty seven dollars and zero cents ($33,187.00) for services outlined in Article 3 — CONSTRUCTION ADMINISTRATION SERVICES. The Architect will invoice monthly, and the invoice will match the completion status (as indicated on the Contractor's Pay Application). PHASE FEE AMOUNT: Construction Administration Services $33,187.00 6.3 The Architect proposes a Not To Exceed Reimbursable expense of$2,000.00 (Two Thousand dollars) for this project. Reimbursable expenses are those outlined in the Prime Agreement and include the following: 6.3.1 Printing and reproduction costs associated with this project 6.3.2 Courier, shipping, and postage costs. Courier and Shipping costs include overnight and express mail. 6.3.3 Presentation materials, photography, and video. 6.4 Records of Reimbursable expenses will be submitted with each invoice as a separate invoice. Reimbursable expenses will be actual costs of incurred expenses plus a 10% administrative fee. Expenses will be in accordance to terms of the Prime Agreement. ARTICLE 7 ADDITIONAL SERVICES 7.1 The Architect will notify the City before initiating any changes requiring additional service fees. If the City refuses to approve such additional service or deems it unnecessary, the Architect will NOT provide the service. 7.2 These may include the following: 7.2.1 Items outlined in Article 5; 7.2.2 Additional meetings beyond what has been stated in the Article 2; P:\11015-0000 CITY OF OCOEE-CONT SVS\WORKORDERS\XX_O4LAKESHORE_EXPANSION\RB_LSC-EXPAN5IONPROPOSAL_REV.DOCX PAGE7OF9 AA 0002809■ RHODES+BRITO ARCHITECTS The Ocoee Lakeshore Community Center Expansion PROPOSAL FOR ARCHITECTURAL SERVICES May 17, 2017 7.2.3 Record Documents at completion of construction. ARTICLE 8 REQUIRED ITEMS TO PROCEED 8.1 The Architect requires the following items to proceed with this work: 8.1.1 Signed proposal/Purchase Order 8.1.2 Site Survey in electronic (Autocad) format. Site Survey shall depict property lines, overhead and underground water, sanitary, power, data, etc., and services impacted by the construction of this facility. Additional spot elevations may be necessary to confirm as-built floor, plaza, and invert elevations. 8.1.3 Geotechnical Survey of the north parking area. The Architect will need at least three core borings to appropriate depths recommended by a licensed soil/geotechnical engineer to confirm existing water level fluctuations, soil composition, and bearing pressures. The Geotechnical report shall make for appropriate foundations recommendations regarding this addition. ARTICLE 9 INDIVIDUAL PROTECTION 9.1 It is intended by the parties to this Agreement that the Architect's services in connection with the project shall not subject the Architect's individual employees, officers or directors to any personal legal exposure for the risks associated with this project. The City agrees that as the City's sole and exclusive remedy, any claim, demand or suit shall be directed and asserted only against the Architect, a Florida corporation, and not against any of the Architect's employees, officers or directors. 9.2 PURSUANT TO SECTION 558.0035 FLORIDA STATUTES, THE ARCHITECT'S CORPORATION IS THE RESPONSIBLE PARTY FOR THE PROFESSIONAL SERVICES IT AGREES TO PROVIDE UNDER THIS AGREEMENT. NO INDIVIDUAL PROFESSIONAL EMPLOYEE, AGENT, DIRECTOR, OFFICER OR PRINCIPAL MAY BE INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF THIS CONTRACT. ARTICLE 10 ATTACHMENTS 10.1 The following items are attached, by reference: 10.1.1 Lakeshore Community Center\Conceptual Expansion Study,April 2017 (Exhibit A) AI, Should you have any questions regarding this agreement or require additional information, please call. If this agreement is satisfactory, please sign where indicated and return a copy as your acceptance of its terms. 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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 Architect 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 Architect of Record, and any supporting design professions, called the "Construction Team," shall work jointly during design and through final construction completion and shall be available thereafter should additional services be required. The Architect 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 Architect or any of its consultants of which the Owner was not copied. The specific representatives of the Construction Team are shown in Exhibit "A" attached. 1.2 Extent of Agreement This Agreement for Pre-construction and Construction Management Services for the Project between the Owner and the Construction Manager supersedes any prior negotiations, representations, or agreements. When drawings, specifications, and other descriptive documents defining the work to be included in the Guaranteed Maximum Price (GMP) are complete, an Amendment to the Agreement shall be signed by the Owner and Construction Manager acknowledging the GMP and the drawings, specifications, and other descriptive documents upon which the GMP is based. To expedite the preparation of this GMP Amendment by the Owner, the Construction RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 1 of 81 Manager shall obtain two (2) sets of dated drawings, specifications, and other documents upon which the GMP is based from the Architect via the Owner. The Construction Manager shall acknowledge on the face of each document of each set, that it is the set upon which it based its GMP and shall send one set of the documents to the Owner along with its GMP proposal, while keeping one set for itself. See Exhibits "J"and "K". This Agreement shall not be superseded by any provisions/revisions of the documents for construction and may be amended only by written instrument signed by both Owner and Construction Manager. 1.3 Definitions A. Project—The Project is the total work to be performed under this Agreement. The Project consists of permitting and construction for RFQ No. 1801 - Construction Manager at Risk for Lakeshore Center Expansion. B. Owner—City of Ocoee, a political subdivision of the State of Florida. C. Construction Manager—[enter name of selected firm] D. Architect of Record—Rhodes+ Brito, Architects. E. Architect of Record—[enter name(s) and specialization(s)of firm] F. Owner's Representatives—[enter name]. G. Guaranteed Maximum Price — The Construction Manager's latest guaranteed maximum price. H. Guaranteed Delivery Date — The Construction Manager's latest guaranteed delivery date. I. Contract Documents — This Agreement, the Plans, Specifications, related Construction Documents, RFQ #1801 and all addenda, Construction Manager's Response to RFQ #1801, all written proposals from the Construction Manager, and or any other documents incorporated herein by reference. The general intent of the Contract Documents is to include all items necessary for the proper execution and completion of the scope of the Work by the Construction Manager. All Work mentioned or indicated in the Contract Documents shall be performed by the Construction Manager as part of this Agreement unless it is specifically indicated in the Contract Documents that such Work is to be done by others. In the event the Drawings or the Specifications disagree in themselves or with each other, the Construction Manager shall provide the better quality or better quantity of Work unless otherwise directed by a written addendum to the Agreement. In the event of discrepancies among the Contract Documents, the RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 2 of 81 documents shall be construed according to the following priorities: Highest Priority- GMP Amendment Second Priority- Amendments to drawings and specifications — later date to take precedence Third Priority - Construction Management Agreement Fourth Priority - Specifications Fifth Priority- Drawings Sixth Priority- Request for Qualifications Solicitation Document and all addenda, and all written proposals and responses from Construction Manager. J. 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. K. 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 Architect. L. Substantial Completion Date — The date, certified by the Architect, 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. M. Substantial Completion — The Project, or designated portion thereof, is sufficiently complete, in accordance with the Construction Documents and a Certificate of Completion issued and as certified by the Architect, so that the Owner can reasonably utilize the Project, or designated portion thereof, for its intended use. Additionally, complete all items referred to as necessary for Substantial Completion, as defined in Article 2.10(h) and in the Construction Documents. The only remaining work to be performed is the Punch List. N. 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)] O. Project Improvements — Shall mean the improvements comprising the utility, stormwater, building, site civil, and landscape improvements for the Lakeshore Center Expansion Project, as identified in RFQ #1801, to be constructed and installed by the Construction Manager pursuant to this Agreement and the Construction Contract. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 3 of 81 P. 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, chilled water, telephone or other forms of communications, cable television, sanitary sewage, stormwater drainage removal, potable water, traffic, and control systems. Q. Final Completion—The following items have been completed or satisfied: 1. Construction of the Project is totally complete (all work as defined in the Contract Documents), and certified as such by the Owner and Architect. 2. The Project is suitable for full use as determined by the Owner and Architect. 3. All Punch list items have been completed or otherwise disposed of or accounted for to the Owner's satisfaction and approval. 4. A Final Certificate of Completion and all other permits and approvals required have been legally and validly issued. 5. Construction Manager's executed Final Releases of Lien have been delivered to the Owner. 1.4 Owner's Construction Budget Owner's funds budgeted and requested for construction of the Project: The Owner's Construction Budget is estimated at $2 million, including all Construction Manager fees, costs of the work, and the Owner's and Construction Manager's construction and interface contingencies, as defined in Articles 8 and 9. This acknowledgment of the Owner's budgeted funds is not to be construed as the Construction Manager's Guaranteed Maximum Price. A Guaranteed Maximum Price will be offered by separate documentation, as outlined in Article 7. ARTICLE 2 CONSTRUCTION MANAGER'S SERVICES The services which the Construction Manager shall provide include, but are not limited to, those described or specified herein. The services described or specified shall not be deemed to constitute a comprehensive specification having the effect of excluding services not specifically mentioned. 2.1 Project Management Information System (PMIS) General: 1. Commencing immediately after contract award, the Construction Manager shall implement and shall utilize throughout the life of this Agreement all subsystems of the Project Management Information System hereinafter RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 4 of 81 referred to as PMIS. 2. The reports, documents, and data to be provided shall represent an accurate assessment of the current status of the Project and of the Work remaining to be accomplished and it shall provide a sound basis for identifying variances and problems and for making management decisions. It shall be prepared and furnished to the Owner and the Architect 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 Architect for the design and construction of the Project; and shall establish, with the full concurrence of the Owner and the Architect, procedures for accomplishing the management control aspect of the Project. 4. The PMIS shall be described in terms of the following major subsystems: A. Narrative Reporting, on a monthly basis, B. Schedule Control, on a monthly basis, C. Cost Control, and estimating, D. Project Accounting, E. Accounting and Payment, and F. Action Reports. 2.2 Narrative Reporting Subsystem 1. The Construction Manager shall prepare written reports as described hereunder. No other PMIS narrative reports shall be required. All reports shall be in 8.5" X 11" format, unless directed otherwise by the Owner. 2. The Narrative Reporting Subsystem shall include the following reports: A. A Monthly Executive Summary that provides an overview of current issues and pending decisions, future developments and expected achievements, and any problems or delays, including code violations found by Permitting Authority. B. A Monthly Cost Narrative describing the current construction cost estimate status of the Project. C. A Monthly Scheduling Narrative summarizing the current status of RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 5 of 81 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 Architect and others designated by the Owner's Representative with the monthly pay requisition. Additional copies of the report outlined in subsection 2A shall be bound separately and distributed monthly, as directed by the Owner's Representative. 4. The report outlined in subsection 2F, above, shall be maintained at the site available to the Owner and Architect. A bound copy of the complete diary shall be submitted to the Owner at the conclusion of the Project. 2.3 Schedule Control Subsystem: 1. Master Project Schedule - Within 30 days of award of this Agreement, the Construction Manager shall submit to the Owner for approval, a Master Project Schedule covering the planning and design approvals, construction, and Owner utilization of the Project. This schedule shall serve as the framework for the subsequent development of all detailed schedules. The Master Project Schedule shall be produced and updated monthly throughout the project. No revisions, activity additions, activity deletions, or logic changes to the Master Project Schedule or any other RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 6 of 81 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 following schedules: RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 7 of 81 A. Subcontractor Construction Schedules (Sub-networks) - Upon the award of each sub-contract, the Construction Manager shall jointly, with the subcontractor, develop a schedule which is more detailed than the pre-bid schedule included in the specifications, taking 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 Architect and Owner a detailed plan, inclusive of punch lists, final inspections, maintenance training and turn-over procedures, to be used for ensuring accomplishment of a smooth and phased transition from construction to public use. The Completion Schedule shall be produced and updated monthly from its inception through final Owner acceptance. 4. All schedules will be provided to the Owner on electronic Flash Drive media in a format acceptable to the Owner. The Construction Manager will provide the Owner with the appropriate software, if necessary, to read the data. The cost of providing the licenses and software shall be part of the cost of construction and included as part of Article 9, Cost of the Work. 2.4 Budget Control Subsystem - The operation of this subsystem shall provide sufficient timely data and detail to permit the Construction Team to control and adjust the project requirements, needs, materials, equipment and systems by building and site elements so that construction will be completed at a cost which, together with all other project costs, will not exceed the GMP. Requirements of this subsystem include the following submissions at the following phases of the project: 1. Estimates - Prior to the start of pre-construction services, the Owner may require any of the following estimates: A. Completion of Schematic Documents B. Completion of 100%Design Development Documents C. 100% GMP Estimate - When the Construction Documents are sufficiently complete enough to establish the GMP. 2.5 Project Accounting Subsystem 1. The operation of this subsystem shall enable the Construction Team to monitor and control the funds available for the project, cash flow, costs, RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 8 of 81 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. 2.6 Project Manual When directed by the Owner, the Construction Manager shall provide the following: 1. Upon award of contract, the Construction Manager shall develop a draft comprehensive Project Manual describing the services set forth in this Agreement for Owner's approval. This shall provide a plan for the control, direction, coordination and evaluation of work performed throughout the project, including identification of key personnel, responsibilities of Construction Manager, Owner, and Architect; work flow diagrams; and strategy for bidding the work. The Project Manual shall be updated as RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 9 of 81 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 Architect. In developing the Project Manual, the Construction Manager shall coordinate with the Owner and the Architect. 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 Architect 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 Architect, and other supporting organizations and permitting review agencies. Detailed charts, one each for the Construction Manager, the Architect, 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 Architect, 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 Architect from data supplied by each. G. Flow Diagrams - These charts shall display the flow of information and the decision process for the review and approval of shop drawings and submittals, progress and change orders. H. Written Procedures - The Construction Manager will provide written procedures for communications and coordination required between Construction Team members throughout the project. Procedures shall cover such items as correspondence, minutes, reports, inspections, team meetings, technical reviews, design reviews, and other necessary communications. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 10 of 81 2.7 Design and Review and Recommendations The Construction Manager shall perform the services described in this Article. The services to be provided under Paragraph 2.7 constitute the Pre-construction Phase services. The parties acknowledge the.Construction Phase may commence before the Pre- construction Phase is completed, and, to a certain extent, both phases shall proceed concurrently. The parties acknowledge that the Owner may choose not to proceed with the Construction Phase or any portion of the construction in its sole discretion, and Owner may terminate the Agreement for its convenience per Paragraph 14.3. 1. Preliminary Evaluation - The Construction Manager shall provide a preliminary evaluation of the Owner's program and Project budget requirements, each in terms of the other. 2. Consultation -The Construction Manager will jointly schedule and attend regular meetings with the Owner and Architect. The Construction Manager will consult with the Owner regarding site use and improvements, and the selection of materials, building systems, and equipment. The Construction Manager will provide recommendations on construction feasibility; actions designated to minimize adverse effects of labor or material shortages; scheduling and time requirements for procurement, installation, and construction completion; and factors related to construction cost including estimates of alternative designs or materials, preliminary budgets, and possible economies, including providing value engineering options. The Construction Manager's fundamental role and responsibility during and throughout the progress of the Pre-construction Phase of the Project shall include examination of the contract documents with written communication(s) to the Owner, Owner's Representative, and Architect of any gaps, redundancies, and conflicts that have the potential to adversely affect the cost, schedule, and constructability of the Project. 3. Phased Construction - The Construction Manager shall make recommendations to the Owner regarding the phased issuance of Drawings and Specifications to facilitate phased construction of the Work, taking into consideration such factors as economies of scale, time of performance, availability of labor and materials, and provisions for temporary facilities. The Owner may choose to terminate this Agreement before commencing any part of the Construction Phase. 4. Review Reports - Within 30 days after receiving the Construction Documents for each phase of the project, the Construction Manager shall perform a specific review thereof, focused upon factors of a nature encompassed in Paragraph 2.7(1) and 2.7(2) above and on factors set out in Paragraph 2.7. Promptly after completion of the review, Construction Manager shall submit to the Owner, with copies to the Architect, a written RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 11 of 81 report covering suggestions or recommendations previously submitted; additional suggestions or recommendations, as Construction Manager may deem appropriate; all actions taken by the Architect 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 ARCHITECTURAL OR 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 Architect; in particular, the responsibility of assuring that the Drawings and Specifications, which are identified in Exhibit "I", are in accordance with applicable laws, statutes, ordinances, Building Codes, Rules, and Regulations. However, if the Construction Manager recognizes that portions of the Drawings and Specifications are at variance therewith, the Construction Manager shall promptly notify the Architect, via the Owner, in writing regarding the identified variances. 5. Long-lead Procurements - The Construction Manager shall review the design for the purpose of identifying long-lead procurement items (machinery, equipment, materials and supplies). When each item is identified, the Construction Manager shall notify the subcontractors, the Owner and the Architect 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 Architect of any problems or prospective delay in delivery. The Construction Manager may recommend to the Owner a schedule for procurement of the long-lead time items, which will constitute part of the Work as required to meet the Project Schedule. If such long-lead items are procured by the Owner, they shall be procured on terms and conditions acceptable to the Construction Manager. Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, all contracts for such items shall be assigned by the Owner to the Construction Manager, who shall accept responsibility for such items as if procured by the RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 12 of 81 Construction Manager. The Construction Manager shall assist in expediting the delivery of long-lead time items. 6. Planning Separate Contracts - Without assuming any design responsibility, the Construction Manager shall review the design with the Architect and make recommendations to the Owner with respect to dividing the work in such manner as will permit the Construction Manager to take bids and award separate construction sub-contracts on the current schedule while the design is being completed. The evaluation shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations, and any other factors pertinent to saving time and cost by overlapping design and construction that are authorized by the Owner. 7. Interfacing A. The Construction Manager shall take such measures as are appropriate to provide that all construction requirements will be covered in the separate subcontracts for procurement of long lead items, the separate construction subcontracts and the general conditions items performed without duplication or overlap, sequenced to maintain completion of all work on schedule. Particular attention shall be given to provide that each bid package clearly identifies the work included in that particular separate subcontract, its schedule for start and completion and its relationship to other separate contractors. B. Without assuming any Design responsibilities of the Architect, 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 Architect may arrange for necessary corrections. 8. Job-Site Facilities - The Construction Manager shall arrange for all job- site facilities necessary to enable Construction Manager, Owner's Representatives and Architect to perform their respective duties in the management, inspection, and supervision of construction. 9. Market Analysis and Stimulation of Bidder Interest A. The Construction Manager shall monitor conditions in the construction market to identify factors that will or may affect costs and time for completing the project; it shall make analysis as necessary to (1) determine and report on availability of labor, material, equipment, potential bidders, and possible impact of any shortages or surpluses of labor or material, and (2) in light of such determinations, make recommendations to the Owner as may be RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 13 of 81 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 Architect a list of potential bidders. The Construction Manager shall be responsible to stimulate bidder interest in the local marketplace and identify and encourage bidding competition. C. The Construction Manager shall carry out an active program of stimulating interest of qualified contractors in bidding on the work and of familiarizing those bidders with the requirements of this project. 2.8 Construction Phase 1. Construction Manager's Staff- The Construction Manager shall maintain sufficient off-site support staff, and competent full time staff at the Project site authorized to act on behalf of the Construction Manager to coordinate, inspect and provide general direction of the work and progress of the subcontractors and it shall provide no less than those personnel during the respective phases of construction that are set forth in Exhibit "B" to this agreement. Construction Manager shall not change any of those persons named in Exhibit "B" unless mutually agreed to by the Owner and Construction Manager. In such case, the Owner shall have the right of approval of the qualifications of replacement personnel. Such approval will not be unreasonably withheld. 2. Lines of Authority - The Construction Manager shall establish and maintain lines of authority for 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 Architect and the Owner's representatives, to provide general direction of the work and progress of the various phases and subcontractors. Owner, Owner's Representative, and Architect may attend meetings between the Construction Manager and its subcontractors; however, such attendance shall not diminish either the authority or responsibility of the Construction Manager to administer the subcontractor. 3. Schedule and Project Manual Provisions -The Construction Manager shall provide subcontractors and the Owner, its representatives and the RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 14 of 81 Architect 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 Architect 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 Architect, the Construction Manager shall prepare invitations for bids, or requests for proposal when applicable, for all procurement of long-lead items, materials and services, and Subcontractor contracts. Such invitations for bids shall be prepared in accordance with the following guidelines: 1. Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager. 2. The Construction Manager shall obtain bids from subcontractors, vendors, consultants and from suppliers of materials or equipment fabricated to a special design for the Work. 3. The Construction Manager shall strive to receive at least three competitive bids per trade package. Should the nature of the trade package prohibit three competitive bids, the Construction Manager shall notify the Owner in writing as to the reason and offer suggestions, if any, to create trade interest. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 15 of 81 B. The Construction Manager shall be responsible for coordinating with the Architect 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 Architect. 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 Architect 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 Architect 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 Architect. 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 Architect. 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 Architect, and upon receiving clarification or correction in writing, the Construction Manager shall prepare an addendum to the bidding document, and issue same to all of the prospective bidders. The Construction Manager shall not enter into contracts without the Owner reviewing the proposed successful bidder. The Owner shall promptly, within (3) business days, review all proposals and provide comments so as not to cause delay in the award of a contract. Owner's failure to respond within this time frame shall constitute acceptance of the proposed contract. Owner shall have the right to reject any award of subcontract providing such rejection is justifiable and with cause. Should the Owner reject a proposal without cause and should the next bondable, qualified bidder that is acceptable to the Construction Manager be greater than the GMP budget for that work item, the Owner shall issue a change order to the Construction Manager, increasing the GMP for the amount of the difference between the proposed award and that which the Owner has requested. D. The Construction Manager is required to enter into written agreements with each subcontractor who will perform any portion of the Work on the Project. The subcontract agreement shall incorporate RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 16 of 81 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 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 RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 17 of 81 ( 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 Architect, 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 Architect 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 Architect. 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 Architect 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 Architect for review and actions. The Architect shall transmit them back to the Construction Manager who will then issue the shop drawings to the affected subcontractor for fabrication or revision. The Construction Manager shall maintain a suspense control system to promote expeditious handling. Construction Manager shall request the Architect 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 Architect when timely response is not occurring on any of the above. 8. Permits - The Construction Manager shall secure all necessary permits from the RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 18 of 81 Permitting Authority and all necessary utility connection permits, the cost of which will be considered a direct cost item, but not subject to Construction Manager profit, as described in section 8.3. 9. Job Site Requirements A. The Construction Manager shall provide for each of the following activities as a part of its Construction Phase Cost: 1. Maintain a log of daily activities, including manpower records, heavy equipment on site, weather, delays, major decisions, etc. 2. Maintain a roster of companies on the project with names and telephone numbers of key personnel. 3. Establish and enforce job rules governing parking, clean-up, use of facilities and worker discipline. 4. Provide labor relations management for a harmonious, productive project. 5. Provide a safety program for the project to meet OSHA requirements. Monitor for subcontractor compliance without relieving them of responsibilities to perform work in accordance with the best acceptable practice. 6. Provide a quality control program as developed under Article 2.8(6) herein above. 7. Miscellaneous office supplies that support the construction efforts, which are consumed by its own forces. 8. Travel to and from its home office to the project site, as the project requires. B. The Construction Manager shall provide personnel and equipment or shall arrange for separate subcontracts to provide each of the following as a direct cost item: 1. Schedule the services of independent testing laboratories for the necessary testing of materials to ensure conformance to contract requirements, if the Owner does not provide for these services. 2. The printing and distribution of all required bidding documents and shop drawings, including the sets required by the Permitting Authority's inspectors. 10. Job Site Administration - The Construction Manager shall provide, as part of its job site fee,job site administrative functions during construction to assure proper documentation, including but not limited to such things as the following: A. Job Meetings - Hold weekly progress and coordination meetings to provide for an easy flowing project. Implement procedures, assure timely RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 19 of 81 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 Architect, 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 Architect 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 Architect to the Architect via the Owner. F. Reports and Project Site Documents - Record the progress of the project. Submit written progress reports to the Owner and the Architect including information on the subcontractors' work, and the percentage of completion. Keep a daily log available to the Owner, the Architect and the Permitting Authority inspectors. G. Subcontractors' Progress - Prepare periodic punch lists for the subcontractors' work, including unsatisfactory or incomplete items and schedules for their completion. H. Substantial Completion - Ascertain when the work, or designated portions thereof, are ready for the Owner's and the Architect's substantial completion inspection. Prior to the Owner's and Architect's pre-substantial completion inspection, the Construction Manager shall issue a list of incomplete items. After the Owner's and the Architect'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 Architect will issue a certificate of substantial completion when the RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 20 of 81 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 Architect that the project is substantially compete, and the Architect agrees that all Contract Documents and each pay item is complete, the Architect shall notify the Construction Manager and the Owner, in writing, that the project has attained substantial completion. Architect, Owner, and Construction Manager will perform the semifinal inspection within seven (7) day of substantial completion. As part of the semi-final inspection, representatives of the Owner will perform a joint review of the project. The Architect 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 Architect'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 Architect 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 Architect that the work is ready for final inspection. Secure and transmit to the Owner, through the Architect, all required guarantees, affidavits, releases, bonds and waivers, manuals, record drawings, and maintenance books, including the Final Completion form shown in Exhibit"D". J. Start-Up - With the Owner's personnel, direct the checkout of utilities, operations, systems and equipment for readiness and assist in their initial start-up and testing by the trade contractors. K. Record Drawings/As-Built Drawings - The Construction Manager shall monitor the progress of its own forces or its Subcontractors on marked up field prints. The Construction Manager shall record all deviations from original drawings. Final payment will not be made until the requirements of this paragraph have been met. During the progress of the work, the Construction Manager shall record on all field sets of drawings the exact locations, as installed, of all underground and otherwise concealed conduit, pipe and duct lines which were not installed exactly as shown on RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 21 of 81 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 Architecting 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 Architect 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 cleanouts, the service end of all laterals, and the elevation of all inverts and manhole tops. b. Location, size and invert elevation of all drainage pipes. c. Location of all water mains, valves, and joints, and the elevation of all fittings. d. CAD files should be in State Plane Coordinates (SPC) Feet, East Zone- Florida,North American Datum (NAD) 1983. e. Objects should be assigned by layer with color by layer. No cryptic layer names. If cryptic layer names are used (i.e. DXF files from microstation) then a list defining layer names must be provided. 11. Administrative Records - The Construction Manager may be required to maintain at the job site on a current basis, files and records such as, but not limited to the RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 22 of 81 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 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 Architect 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 RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 23 of 81 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 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 Architect, 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 Architect or prior to an inspection by the RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 24 of 81 Architect, the Construction Manager must if requested in writing uncover the Work, and then shall be required to replace the work at the Construction Manager's sole expense, without any change to the contract time. B. The Project is subject to and shall be constructed in accordance with the Florida Building Code and to all applicable codes referenced therein. C. The Construction Manager shall promptly correct any and all Work rejected by the Architect 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 Architect's services. D. If within one (1) year after the date of final completion of the Work or after the date for commencement of warranties, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Construction Manager shall promptly return to the Project and correct the deficient Work upon receipt of written notification from the Owner to do so. The obligation set forth in this subparagraph shall survive acceptance of the Work under this Agreement and any termination of the Agreement. The Owner shall give such written notice promptly after discovery of the deficient Work. This one (1) year Construction Manager warranty described in this subparagraph does not impact or impair any manufacturer's warranty or the Owner's ability to make any other claim against the Construction Manager as allowed under Florida law. E. The Construction Manager shall immediately remove from the Work Site any and all portions of the Work which are not in compliance with the requirements of the Contract Documents. In the event the Construction Manager fails to correct any non-conforming Work within a reasonable time, the Owner may correct such non-conforming Work, the cost of which shall be the Construction Manager's responsibility. In the event the Owner corrects the non-conforming Work, the Owner in its sole discretion may remove, store or sell for salvage any salvageable materials or equipment related to or a part of the non-conforming work at the Construction Manager's expense. If the Construction Manager fails to reimburse the Owner for such expenses within 7 days after written notice, the Owner may take any and all action it deems appropriate in order to obtain reimbursement of its expenses under this subparagraph. Any action taken by the Owner under this subparagraph shall not in any respect serve to limit in law or equity the Owner's ability to place any other claim against the Construction Manager. F. The Owner has the discretion to accept work that is not in compliance with the requirements of the Contract Documents. In this event, the Owner shall reduce its decision to writing, which shall include any reduction, if any, to the Contract Sum as a result of the acceptance of non- conforming Work. Any such adjustment to the Contract Sum shall apply RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 25 of 81 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 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 RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 26 of 81 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 Architect 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 Architect of that discovery; c) for shoring, blocking and protecting Underground Facilities including utilities shown, indicated or discovered; d) for coordination, scheduling and sequencing the Work with the owners of all Underground Facilities shown, indicated or discovered; e) for repairing any damage to the satisfaction of those owners, to the extent that the damage was due to Construction Manager's failure to adhere to the requirements of this section, or to the fault or negligence of Construction Manager; and f) for the safety and protection of any affected Work, and for repairing any damage done to the work. Except as otherwise provided in this section, all costs involved and time required to perform these responsibilities shall be considered as having been included in the Contract Sum and in the Construction Manager's schedule for the performance of the Work within the Contract Time, even if the Contract Documents need amending to authorize minor deviations or changes in the Work due to those Underground Facilities including utilities. 16. Maintenance of Traffic A. Construction Manager shall be responsible for the proper maintenance control and detour of traffic in the area of construction, during the course of construction. All traffic control and maintenance procedures shall be in accordance with the requirements of either the Florida Department of Transportation, City of Ocoee, or the local municipality, within their respective area of jurisdiction. It shall be the Construction Manager's responsibility, prior to submitting its GMP Amendment, to determine the requirements of these agencies so that its Proposal reflects all costs to be incurred. No claims for any increase to the GMP will be considered for costs incurred in the proper maintenance, control, detour and protection. B. Traffic shall be maintained at all times where practical, and as more particularly specified hereinafter. No traffic shall be detoured without prior knowledge and approval of the respective traffic control agency having jurisdiction. The RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 27 of 81 Construction Manager shall notify such agencies 48 hours in advance of such time it proposes to detour such traffic. 17. Fencing On all Work which included fencing and where the ENGINEER determines it to be necessary for maintaining the security of adjacent property, or for protection of pedestrians who are likely to gain access to the Work from adjacent property, the CONTRACTOR shall erect appropriate temporary security fence as a first order of business. Temporary fencing shall be installed at temporary construction easement areas on all commercial and residential properties appropriate to secure the Work area and protect persons and domestic animals. At all times, the CONTRACTOR shall conduct the Work under secure temporary fencing. Permanent fencing shall be addressed as required by the Plans and Specifications. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 Owner's Information The Owner shall identify its requirements for the project. 3.2 Owner's Representative The Owner shall designate, in writing, any additional representatives authorized to act on the Owner's behalf with respect to the Project who were not previously defined in Article 1.3, together with the scope of his/her respective authority. In no event shall any delegation of authority be contrary to State or County laws or codes. Such designations as of the date hereof are set forth on Exhibit "F" hereto. Functions that this Agreement provides will be performed by the Owner can be delegated by the Owner only by written notice to the Construction Manager from the Owner. Exhibit "F" may be amended from time to time by the Owner pursuant to written notice of and acceptance by the Construction Manager of such amendment. The Construction Manager shall be entitled to rely on directions (and it shall be required to follow directions) from the Owner's Representative designated on Exhibit "F" or an amendment to Exhibit "F" within the authority conferred by the Owner in this Agreement or any Amendment or Change Order to this Agreement. Owner hereby authorize the Owner's Representative to: (1) act as the Owner's agent and execute documents associated with this Project. Examples of these documents are Construction Manager's Contingency Authorizations, Notices of Commencement, Certificates of Substantial Completion and permits from applicable agencies; (2) administer, coordinate, interpret and otherwise manage the contractual provisions and requirements of this Agreement; (3) negotiate a duly authorized Change Order on behalf of the Owner; and (4) issue a duly authorized purchase order, memorandum, letter or other instrument covering the services and work to be provided pursuant to this Agreement. Directions and decisions made by Owner's Representatives RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 28 of 81 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 Architect's Agreement The Owner has retained an Architect for design and to prepare construction documents for the Project. The Architect's services, duties and responsibilities are described in the Agreement between the Owner and the Architect, a copy of which will be furnished to the Construction Manager. The Agreement between the Owner and the Architect 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 Architect. 3.8 (Intentionally omitted.) 3.9 Lines of Communication The Owner and the Architect, 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. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 29 of 81 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 Architect 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 Architect and Owner, the Construction Manager shall assume full responsibility for such Work and shall bear the attributable costs. 4.5 Cost for all re-inspections of work performed by the Construction Manager found defective and subsequently repaired, shall be borne by the Construction Manager, unless such cost is not a result of negligence on the part of the Construction Manager. ARTICLE 5 SUBCONTRACTS 5.1 Definition A subcontractor is a person or organization who has a direct contract with the Construction Manager to perform any of the work at the site. Nothing contained in the Contract Documents shall create any contractual relation between the Owner or Architect and any subcontractor. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 30 of 81 5.2 Proposals Subject to Article 9 and, in accordance with Article 2.8(4), the Construction Manager shall request and receive proposals from subcontractors and suppliers and will award those contracts to the qualified low bidders after Construction Manager and the Owner have reviewed each proposal and are satisfied that the subcontractor/supplier is qualified to perform the work. 5.2.1 Required Subcontractors' Qualifications and Subcontract Conditions: 1. Subcontractual Relations - The Construction Manager shall require each Subcontractor to assume all the obligations and responsibilities which the Construction Manager owes the Owner under the Agreement, to the extent of the work to be performed by the subcontractor. The subcontracts shall be made in writing and shall preserve and protect the rights of the Owner and Architect 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 Architect or attributable to the Owner or Architect and including claims based on breach of contract or negligence, shall be an extension of its contract time and shall in no way involve any monetary claim. 2. In the event of a change in the work, the subcontractor's claim for adjustments in the contract sum are limited exclusively to its negotiated costs for such changes plus no more than 15% for overhead, profit and bond costs. 3. The subcontract shall require the subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the work and thus eliminate any other remedies for claims for increase in the contract price, damages, losses or additional compensation. 4. Each subcontract shall require that any claims by the subcontractor for delay or additional cost must be submitted to the Construction Manager within the time and in the manner in which the Construction Manager must submit such claims to the Owner, and that failure to comply with the conditions for giving RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 31 of 81 notice and submitting claims shall result in the waiver of such claims. 5. Each subcontract shall require the Owner to be added as an additional insured on the subcontractor's general liability policy for the project. 5.3 Responsibilities for Acts and Omissions The Construction Manager shall be responsible to the Owner for the acts and omissions of its employees, agents, subcontractors, their agents and employees, and all other persons performing any of the work or supplying materials under a contract to the Construction Manager. ARTICLE 6 SCHEDULE,TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 6.1 Time is of the essence of the performance of this Agreement. At the time a Guaranteed Maximum Price (GMP) is established, as provided for in Article 7, a project substantial completion date, a project final completion date, and an Owner Utilization date for completion of the project in accordance with the master project schedule, shall also be established by the Construction Team. The Construction Manager agrees to complete the construction in accordance with the agreed upon substantial completion date, final completion date and Owner Utilization date. The Construction Manager acknowledges that failure to complete the project within the construction time set forth in the approved schedule will result in substantial damages to the Owner. Construction Manager hereby expressly waives and relinquishes any right which it may have to seek to characterize the liquidated damages, set out in this paragraph 6.1 below, as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Construction Manager fails to achieve Substantial Completion or Final Inspection within the Contract Time. Further, the parties acknowledge that it would be extremely difficult, if not impossible, to ascertain Owner's actual damages with any degree of certainty in the event Construction Manager fails to achieve either Substantial Completion or Final Inspection within the Contract Time. In the event the Construction Manager does not achieve Substantial Completion within the Contract Time, including approved extensions, the Construction Manager shall pay the Owner, as liquidated damages and not as a penalty, the sum of$500 per day for each calendar day the actual time of performance exceeds the authorized Contract Time before substantial completion. Liquidated damages shall be $700 per day from Substantial Completion to final completion. 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. Founders' Day is an annual event and the required week-long work stoppage must be incorporated into the CMR schedule. Any project element begun before the Founders' Day week must be RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 32 of 81 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. 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 Architect and Construction Manager upon execution of this Agreement, which is to be used only as a guide in developing for the Owner's approval, the specifications and plan data necessary to establish a Guaranteed Maximum Price; or at such time thereafter designated by the Owner; the Construction Manager will establish and submit in writing to the Owner, for its approval a Guaranteed Maximum Price, guaranteeing the maximum price to the Owner for the construction cost of the project or designated part thereof and the Construction Manager's Fee. The Construction Manager acknowledges multiple GMPs may be required for the portions of the project to support the project phasing and schedule. Such Guaranteed Maximum Price will be subject to modification for changes in the project as provided in Article 10. However, the actual price paid for the work by the Owner shall be the actual cost of all work subcontracts, supply contracts, direct labor costs, direct supervision costs, and direct job costs as defined under Article 9, plus the Construction Manager's fees; or the GMP; whichever is less when the work is complete. Costs which would cause the GMP to be exceeded will be paid by the Construction Manager without reimbursement by the Owner. All savings will be returned to Owner. 7.2 Intentionally omitted. 7.3 At the time of submission of a Guaranteed Maximum Price, the Construction Manager will verify the time schedule for activities and work, which were adopted by the Construction Team and used to determine the Construction Manager's cost of work. Included in the GMP will be a Construction Contingency, which is included for the parties to use, with the Owner's consent. The contingency is intended to cover the costs associated with project scope that were not adequately detailed at the time of GMP. The RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 33 of 81 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 Architect 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 GMP to remain in the GMP and be used at the Owner's discretion for scope issues that may be required or desired during the course of the project. Authorizations to spend down the Owner's Buyout Contingency will be granted by the City Manager up to the limits designated in the City of Ocoee Purchasing Code. Authorizations to spend down more than the limits designated in the City's Purchasing Code must be granted the City Commission. 7.6 All items that may be requested by Owner, comprising the Construction Manager's General Conditions for the project, include: a) costs, including transportation and storage, installation, maintenance, dismantling RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 34 of 81 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; f) fees and assessments for the building permit and for other permits, licenses and inspections for which the Construction Manager is required by the Agreement for Construction to pay; g) data processing costs directly related to the Work; however, these costs shall not include any hardware, software, or CADD costs unless approved by the Owner in writing; h) expenses incurred in accordance with the Construction Manager's standard personnel policy for relocation and temporary living allowances of personnel required for the Work, if approved by the Owner; i) the cost of obtaining and using all utility services required for the Work; j) the cost of crossing or protecting any public utility, if required, and as directed by the Owner; k) all reasonable costs and expenditures necessary for the operation of the site office, such as stationary, supplies, blueprinting, furniture, fixtures, office equipment and field computer services and hardware,provided that quantity and rates are subject to Owner's prior written approval; RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 35 of 81 1) the cost of secure off-site storage space or facilities approved in advance by Owner; m) rental charges for temporary facilities, and for machinery, equipment, and tools not customarily owned by construction workers; however any rental charge shall not exceed the purchase price of such facilities, machinery, equipment or tools; and; n) other expenses or charges properly incurred and paid in the prosecution of the Work, with the prior written approval of the Owner. ARTICLE 8 CONSTRUCTION MANAGER'S COMPENSATION In consideration of the performance of this Agreement, the Owner agrees to pay the Construction Manager as compensation for its services, costs or fees, as set forth in Article 8.1(1) and 8.1(2) as follows. 1. Design Phase/Pre-construction - For the performance of the Preconstruction services set forth under Articles 2.3, 2.4, 2.6, 2.7 and for profit and overhead related to these services, the Construction Manager shall be paid a not to exceed fixed fee of [enter amount]. 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 Construction Manager's Fee. The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, as it may be further amended by Change Order. To the extent the Cost of the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. The Construction Manager's Fee for Construction Phase Work shall be based upon a percentage of the Cost of the Work. The Construction Manager's Fee shall be deemed compensation for all of Construction Manager's overhead, profit and general expenses of any kind, except as may be expressly included as a Cost of the Work as defined by Article 9, for services provided during and related to the construction phase. The percentage to be used to determine the Construction Manager's fee shall be [enter percentage rate]. The fee shall be paid proportionally to the ratio of the cost of the work in place, RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 36 of 81 including stored materials (see Article 12.5), as it bears on the latest estimate of the total construction cost or the GMP, whichever is less. The balance of the fee shall be paid when construction of the project is finally completed and utilization of the project is accepted by the Owner. If construction is authorized only for a part of the project, the fee paid shall be proportionate to the amount of work authorized by the Owner. ARTICLE 9 COST OF THE WORK FOR CONSTRUCTION PHASE SERVICES 9.1 Costs to Be Reimbursed 9.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in Sections 9.1 through 9.7. 9.1.2 Where any cost is subject to the Owner's prior approval, the Construction Manager shall obtain this approval prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing Guaranteed Maximum Price Amendment. 9.2 Labor Costs 9.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner's prior approval, at off-site workshops. 9.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner's prior approval. 9.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of 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. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 37 of 81 9.2.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor, with the Owner's prior written approval. 9.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. 9.4 Costs of Materials and Equipment Incorporated in the Completed Construction 9.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. 9.4.2 Costs of materials described in the preceding Section 9.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work or, at the Owner's option, shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. 9.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items 9.5.1 Costs of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. 9.5.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and costs of transportation, installation, minor repairs, dismantling and removal. The total rental cost of any Construction Manager- owned item may not exceed the purchase price of any comparable item. Rates of Construction Manager-owned equipment and quantities of equipment shall be subject to the Owner's prior approval. 9.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. 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. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 38 of 81 9.5.5 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. 9.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior written approval. 9.6 Miscellaneous Costs 9.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Self-insurance for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. 9.6.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the Construction Manager is liable. 9.6.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Construction Manager is required by the Contract Documents to pay. 9.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded, and which do not fall within the scope of Section 9.7.3. 9.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents; and payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent. However, such costs of legal defenses,judgments and settlements shall not be included in the calculation of the Construction Manager's Fee or subject to the Guaranteed Maximum Price. 9.6.6 Costs for electronic equipment and software, directly related to the Work with the Owner's prior written approval. 9.6.7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. 9.6.9 Subject to the Owner's prior approval, expenses incurred in accordance with the Construction Manager's standard written personnel policy for relocation and temporary living allowances of the Construction Manager's personnel required for the Work. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 39 of 81 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. 9.9 Discounts, Rebates and Refunds 9.9.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if(1) before making the payment, the Construction Manager included them in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 40 of 81 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. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 41 of 81 ARTICLE 10 CHANGES IN THE PROJECT 10.1 Change Orders The Owner, without invalidating this Agreement, may order Changes in the Project within the general scope of this Agreement consisting of additions, deletions or other revisions, with the GMP and the Construction Completion Date being adjusted accordingly. All changes in the Project, not covered by an authorized contingency, shall be authorized by a Change Order signed by the Owner before the change is implemented. Construction Manager's claims for additional time shall be accompanied by detailed dates, correspondences, notices and other data to prove the claim as required by Article 16. 1. A Change Order is a written order to the Construction Manager signed by the Owner issued after the execution of this Agreement, authorizing a Change in the Project, the Construction Manager's fee, or the Construction Completion date. Each adjustment in the GMP resulting from a change order shall clearly separate the amount attributable to the Cost of the Work. A change order must be in writing. No course of conduct, verbal discussions or dealings between the parties can be a basis for any claim to change the GMP or contract time. 2. The increase or decrease in the Guaranteed Maximum Price resulting from a change in the Project shall be determined in one or more of the following ways: (Should any costs be required for design of an Alternative System that would be advantageous to the project and result in a deductive change order, the Construction Manager shall include the cost of the redesign services of the Architect 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 Architect and Owner; b. by unit prices stated in the Agreement or subsequently agreed upon; c. by cost as defined in Article 9 and a mutually acceptable fixed or percentage fee; or; d. by the method provided in Subparagraph 10.3 3. If none of the methods set forth in Clause 10.2 is agreed upon, the Construction Manager, provided Construction Manager receives a written order signed by the Owner, shall promptly proceed with the Work involved. The cost of such Work shall then be determined on the basis of the reasonable expenditures and savings of those performing the Work attributed to the change. However, in the event a Change Order is issued under these conditions, the Construction Manager shall establish an RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 42 of 81 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 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 RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 43 of 81 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. 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 Architect or of any employee of either or by any separate Construction Manager employed by the Owner or by any changes ordered in the work by labor disputes, fire, or unusual delay in transportation, unavoidable casualties or any causes beyond the Construction Manager's control or by delay authorized by the Owner pending resolution of disputes, and such delay extends the completion date, then the dates for completion may be equitably adjusted. Only delays which are determined to extend the critical path for the schedule for constructing the project will result in a time extension. Neither the Owner nor the Construction Manager shall be considered to own the schedule float time. 10.3 Minor Changes in the Project The Owner will have authority to order minor changes in the Project not involving an adjustment in the Guaranteed Maximum Price or an extension of the Construction Completion Date and not inconsistent with the intent of the Drawings and Specifications. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 44 of 81 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 Architect. 10.4 Emergencies In any emergency affecting the safety of persons or property, the Construction Manager shall act at its discretion to prevent threatened damage, injury or loss. Any increase in the Guaranteed Maximum Price, or extension of time claimed by the Construction Manager on account of emergency work, shall be determined as provided in Article 10. ARTICLE 11 DISCOUNTS 11.1 All discounts for prompt payment shall accrue to the Owner to the extent the Cost of the Work is paid directly by the Owner or from a fund made available by the Owner to the Construction Manager for such payments. To the extent the Cost of the Work is paid with funds of the Construction Manager, all cash discounts shall accrue to the Construction Manager. All trade discounts, rebates and refunds, and all returns from the sale of surplus materials and equipment, shall be credited to the Cost of the Work. ARTICLE 12 PAYMENTS TO THE CONSTRUCTION MANAGER 12.1 Monthly Statements The Construction Manager shall submit to the Owner a sworn statement, along with the cost reports required under Article 2.5(2) & (3), showing in detail all moneys paid out, cost accumulated or costs incurred on account of the Cost of the Work during the previous period and the amount of the Construction Manager's fees due as provided in Article 8. This data shall be attached to the Partial Pay Request Form shown in Exhibit "G". Ten percent (10%) retainage shall be held on all payments until the contract is fifty percent (50%) complete; except, when approved by the Owner, certain suppliers and subcontractors may be paid the entire amount due when such payment is generally the practice of the industry. At 50% completion, the Owner may approve a reduction of the retainage from 10% to 5% at its discretion. Payments by the Owner to the Construction Manager shall be made as described in Article 12.4 hereinafter. As a condition to the application for the monthly partial pay requisition, the Construction Manager agrees that all as-built information will be recorded within 30 days after receipt of information that a change to the Construction Documents has occurred. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 45 of 81 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 Architect 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 Architect shall list those items required for completion and the Construction Manager shall require the retainage of a sum equal to 200% of the estimated cost of completing any unfinished items, provided that said unfinished items are listed separately and the estimated cost of completing any unfinished items likewise listed separately. Thereafter, the Construction Manager shall pay to the subcontractors, monthly, the amount retained for each incomplete item after each of said items is completed. Before issuance of final payment without any retainage, the subcontractor shall submit satisfactory evidence that all payrolls, material bills and other indebtedness connected with the Project have been paid or otherwise satisfied, warranty information is complete, as-built markups have been submitted and instruction for the Owner's operating and maintenance personnel is complete. Final payment may be made to certain select subcontractors whose work is satisfactorily completed prior to the total completion of the Project but only upon approval of the Owner. 12.4 Construction Manager's Payment Rights Payment for construction services shall be governed and in accordance with Florida Prompt Payment Act Statute 218.735, Timely Payment for Purchases of Construction Services. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 46 of 81 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. 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 RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 47 of 81 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 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 RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 48 of 81 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 Architect 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 Architect, its agents or employees, arising out of(1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instruction by Architect, its agents or employees, providing such giving or failure to give is the primary cause of the injury or damage. 10. Builder's Risk Coverage - 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. b. Statement that the Insurer will mail notice to the Owner and a copy to the Architect 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). RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 49 of 81 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 Approval/Disapproval Neither approval by the Owner nor failure to disapprove the insurance furnished by the Construction Manager shall relieve the Construction Manager of its full responsibility to provide the insurance as required by this Agreement. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 50 of 81 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 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 Architect services and expenses, exceed the unpaid balance of the Contract Sum, RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 51 of 81 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 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: RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 52 of 81 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 Architect, 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 Architect, 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, Architect, or is attributable to the Owner or Architect. ARTICLE 17 DISPUTES 17.1 Harmony RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 53 of 81 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. The City of Ocoee (City) is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida's Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records required by the City to perform the service. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 54 of 81 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, 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 RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 55 of 81 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 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 RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 56 of 81 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 Director of Support Services 150 North Lakeshore Drive Ocoee, FL 34761 Telephone: 407-905-3170 RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 57 of 81 CITY OF OCOEE Purchasing Agent 150 North Lakeshore Drive Ocoee, FL 34761 Telephone: 407-905-3100 ext. 1516 Construction Manager: OELRICH CONSTRUCTION, Inc. Ivan Oelrich, President 275 NW 137th Drive, Suite A Jonesville, FL 32669 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. REQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 58 of 81 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." RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 59 of 81 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 #1801 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 #1801 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. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 60 of 81 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 RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 61 of 81 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONSTRUCTION MANAGER: OELRICH CONSTRUCTION,INC. BY: PRINT NAME: Ivan Oelrich TITLE: President WITNESSES: NAME: NAME: TITLE: TITLE: OWNER: CITY OF OCOEE,FLORIDA ATTEST: APPROVED: BY: BY: Melanie Sibbitt, City Clerk Rusty Johnson,Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY CITY OF OCOEE THE CITY OF OCOEE,FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY on ,under Agenda Item this day of , 2017 SHUFFIELD, LOWMAN&WILSON,P.A. BY: Scott A. Cookson,City Attorney END OF SECTION RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 62 of 81 TRUTH-IN-NEGOTIATION CERTIFICATE The Consultant hereby certifies that all wage rates, and any and all other unit costs supporting the compensation to be paid to the Consultant pursuant to a Services Authorization for the Services as set forth therein, will be accurate, complete, and current at the date of the Services Authorization's execution. WITNESS: [NAME F FIRM] BY: BY: Print Name: Print Name: [enter name] Title: Title:Jenter title] STATE OF FLORIDA } COUNTY OF } PERSONALLY APPEARED before me, the undersigned authori- ty, , [ ] well known to me or [ ] who has produced his/her as identification, and known by me to be the of the corporation named above, and acknowledged before me that he/she executed the foregoing instrument on behalf of said corporation as its true act and deed, and that he/she was duly authorized to do so. WITNESS my hand and official seal this day of , 20_. NOTARY PUBLIC Print Name: My Commission Expires: RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 63 of 81 EXHIBIT A To Be Completed Per Project Assignment Construction Team Representatives Owner City of Ocoee, City Commission City Manager Robert D. Frank Owner's Representative Al Butler, Director of Support Services Architect Rhodes+Brito, Architects Ruffin Rhodes, AIA, Project Managing Principal Construction Manager [enter name of firm] CM Representative [enter name] RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 64 of 81 EXHIBIT B SAMPLE: To Be Completed per Project Assignment Construction Manager's Personnel During Construction Phase (TO BE COMPLETED AT FINAL GMP) Duration Name Title (Months) Percentage Off-Site Staff On-Site Staff RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 65 of 81 EXHIBIT C SAMPLE: To Be Completed per Project Assignment CERTIFICATE OF SUBSTANTIAL COMPLETION Project: Construction Manager at Risk for Lakeshore Center Expansion RFQ No. 1801 CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To Owner And To Contractor The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ARCHITECT, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on , (Date of Substantial Completion). A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. When this Certificate applies to a specified part of the Work the items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 66 of 81 The date of Substantial Completion is the date upon which all guarantees and warranties begin, except as follows: The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities and insurance shall be as follows: RESPONSIBILITIES: OWNER CONTRACTOR The following documents are attached to and made a part of this Certificate: RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 67 of 81 Executed by OWNER on , 20 (OWNER) By The CONTRACTOR accepts this Certificate of Substantial Completion on: , 20 (Contractor) By END OF SECTION RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 68 of 81 EXHIBIT D SAMPLE: To Be Completed per Project Assignment Final Completion Forms CONSTRUCTION MANAGER'S AFFIDAVIT OF CONTRACT COMPLETION OWNER: City of Ocoee PROJECT: Lakeshore Center Expansion CONSTRUCTION MANAGER: [enter name] CONTRACT FOR: Construction Manager at Risk CONTRACT DATE: CONTRACT AMOUNT: CONSTRUCTION MANAGER'S AFFIDAVIT I solemnly swear and affirm: That the work under the above-named Contract and all amendments thereto have been completed in accordance with the requirements of said Contract: that except as noted on the attached sheet, all costs incurred for equipment, materials, labor, and services against the Project have been paid; that no liens have been attached against the Project; that no Notices of Non-Payment have been served against the Payment Bond issued for this Project; that, except as noted on the attached sheet, no suits are pending by reason of work on the Project under the Contract; that all Workmen's Compensation claims are covered by Workmen's Compensation insurance as required by law; and that all public liability claims are adequately covered by insurance. CONSTRUCTION MANAGER: (Seal) Title: Date: STATE OF: COUNTY OF: Personally appeared before me this day of 20 , known (or made known) to me to be the of , who, being by me duly sworn, subscribed to the foregoing affidavit in my presence. Notary Public Typed My Commission Expires: RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 69 of 81 EXHIBIT E SAMPLE: To Be Completed per Project Assignment Construction Manager's Staff Positions to be Assigned to the Pre-construction/Design Phases Duration Name Title (Months) Percentage Off-Site Staff On-Site Staff RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 70 of 81 EXHIBIT F SAMPLE: To Be Completed per Project Assignment Owner's Representative(s) and Designee(s) Owner's Representative(s) Director of Support Services 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) RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 71 of 81 EXHIBIT G Partial Payment Request Form APPLICATION AND CERTIFICATE FOR PAYMENT FORM Application No. Progress Payment Final Payment P.O.No.: Contractor: Contract Date: Application Date: For Period Ending City Project Nos.: RFQ #1801 Project Name: Construction Manager at Risk for Lakeshore Center Expansion Construction Start Date: End Date: Construction Days—Total: Elapsed: Remaining: 1. Original Contract Amount $ 2. Sum of Approved Change Orders to Date (from Table) $ 3. Current Contract Amount (Sum of Lines 1 and 2) $ 4. Total of Prior Pay Applications (including retainage) $ 5. Amount of this Pay Application (including retainage; from Bid Item Quantity Spreadsheet) $ 6. Total Earned to Date (Sum of Lines 4 and 5) $ 7. Total of Payments Made by City to Date $ 8. Retainage Held from Prior Pay Applications $ 9. Retainage to Be Held in this Pay Application $ 10. Total Retainage Held to Date (Sum of Lines 8 and 9) $ 11. Total Earned to Date less Retainage (Line 6 minus Line 10) $ 12. Total Earned less Retainage for this Pay Application (Line 5 minus Line 9) $ 13. Total Amount to Be Paid by City for this Application (Line 11 minus Line 7) $ Approved Change Orders Change Date Approved Date Accepted Total Change in Order No. by City by Contractor Contract Price RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 72 of 81 Contractor's Certification The undersigned Contractor hereby swears under penalty of perjury that (l) 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 RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 73 of 81 EXHIBIT H Final Payment Request Check List Items to be submitted with General Contractor's Request for Final Payment 1. Pay Request (1 copy with original signatures and original seals, noted as FINAL) 2. Final Schedule of Contract Values 3. Consent of Surety to make Final Payment (signed and sealed) 4. Power of Attorney from Surety for Release of Final Payment (signed, sealed and dated same as Consent of Surety) 5. Affidavit of Contract Completion (Exhibit D) 6. Satisfactory Conclusion or Release of Lien from all Subcontractors or laborers who have filed Intent to Lien or have indicated non-payment from the General Contractor 7. Construction Manager's Guarantee of Construction for one (I) year from the date of Substantial Completion 8. Copy of the approval by the Architect and the transmittal to the Owner of Manuals, Shop Drawings, As-Builts (2 sets of digital media (Flash Drives), two sets of prints), brochures, warranties, and list of Subcontractors with telephone numbers and addresses 9. Verification that Owner's personnel has been trained in the operation of their new equipment, attendance lists and videos 10. Other special Warranties are required by Specifications in the name of the Owner 11. Copy of Certificate of Completion RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 74 of 81 EXHIBIT I Contract Drawings & Specifications To be completed at Final GMP RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 75 of 81 EXHIBIT J GMP Bid Breakdown To be completed at Final GMP RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 76 of 81 EXHIBIT K Clarifications,Assumptions, Exclusions and Allowances To be completed at Final GMP N RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 77 of 81 EXHIBIT L PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that , (hereinafter referred to as "Principal"), and a corporation organized under the laws of the State of and licensed to do business in the State of , (hereinafter referred to as "Surety"), and held and firmly bound unto the City of Ocoee, Florida, as Obligee, (hereinafter referred to as "Obligee"), in the Penal Sum of , for the payment of which sum well and truly made, Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated ,entered into a contract, (hereinafter referred to as the "Contract") with Obligee for the construction of RFO #1801 Construction Manager at Risk for Lakeshore Center Expansion (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. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 78 of 81 In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and save the Obligee harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and other legal costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This paragraph shall survive the termination or cancellation of this Performance Bond. The obligations set forth in this paragraph shall not be limited by the Penal Sum of this Bond. Any changes in or under the Contract or the Contract and compliance or noncompliance with any formalities connected with the Contract or the Contract or the changes therein shall not affect Surety's obligations under this bond, and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Penal Sum of this bond shall increase or decrease in accordance with approved changes or modifications to the Contract. The said Principal and the said surety agree that this bond shall inure to the benefit of all persons supplying labor and material in the prosecution of the work provided for in the said subcontract, as well as to the Obligee, and that such persons may maintain independent actions upon this bond in their own names. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their several seals on the day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents fully signed by its undersigned representative, pursuant to the authority of its governing body. Signed, sealed and delivered in the presence of: Principal By: (SEAL) (Official Title) Surety By: (SEAL) (Official Title) NOTES: If Principal and Surety are corporations, the respective corporate seal should be affixed and attached. Surety shall execute and attach a certified copy of Power of Attorney Appointing Individual Attorney-In-Fact for execution of Performance Bond on behalf of Surety. END OF SECTION RFQ 41801 Construction Manager at Risk for Lakeshore Center Expansion Page 79 of 81 EXHIBIT L Statutory Payment Bond Pursuant to Florida Statutes, 255.05, et seq. KNOW ALL MEN BY THESE PRESENTS,THAT (hereinafter called the "Principal"), as Principal, and , a corporation organized and existing under the laws of the State of , hereinafter called the "Surety"), as Surety, are held and firmly bound unto the City of Ocoee, Florida, (hereinafter called the "Obligee"), by bond number in the sum of Dollars and Cents ($ ), for the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has entered into a written Contract with the Obligee dated , 20 to perform, as Contractor, in accordance with the Contract and Contract Documents, which Contract and Contract Documents are hereby incorporated herein by reference. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal promptly makes payments to all claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Principal and the Surety agree that this Bond shall inure to the benefit of all claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in said Contract, and that any such claimant may maintain an independent action upon this Bond in its own name. The provisions of Florida Statutes, Section 255.05, et seq. are hereby incorporated herein by reference and made a part of this payment bond including, but not limited to, the notice and time limitation provisions in subsection (2). Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. 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. RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 80 of 81 (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 RFQ#1801 Construction Manager at Risk for Lakeshore Center Expansion Page 81 of 81 Mayor Commissioners Rusty Johnson John Grogan, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Robert Frank Joel F. Keller, District 4 ocoee florida October 31, 2017 ADDENDUM NO: ONE (1) CITY OF OCOEE RFQ #1801 CONSTRUCTION MANAGER AT RISK FOR LAKESHORE CENTER EXPANSION This addendum consists of one (1) page, and shall modify and become a part of the original RFQ documents for CMaR for Lakeshore Center Expansion. Respondents shall acknowledge receipt of this Addendum in the space provided on this Addendum. Failure to do so may subject the Respondent to disqualification. The RFQ due date remains the same. Answers to questions received and/or amendments to the RFP documents are as follows: Q1. Section B, Insurance Terms and Conditions.Number 7 indicates Owner's Protective Liability Insurance is required. We are requesting for#7 to be removed from the listed qualifications. Would these conditions be possible? Al. No,the City requires the contractor to provide this specific coverage. Q2. Please confirm that our firm is allowed to use the City of Ocoee's logo in our submission. If so, are you able to send me a copy of the correct logo for our use? A2. Yes,the use of the City of Ocoee logo shall be limited to vendors applying the logo to formal Bids or Proposals to be submitted to the City pursuant to a competitive solicitation by the City.The logo is available on the City's website or in the header of this Addendum,no separate file will be provided.If you use the city's logo,you should include a statement that reads,"The passion flower logo is copyrighted by the City of Ocoee and is used with permission." Amendment 1: Confidential Disclosure Agreement,pp. 20-21 of the RFQ: Please write in"N/A"or"Not Required" in the blank for the Driver's License Number as this information is no longer required. /o //4,— o .- t, CPPB Purchasing Agent cc:Evaluation Committee All respondents shall acknowledge this addendum in your qualification package by completing the section below and including in Section D.H. Submittals-Other Forms. Respondent: Signature: Name: Title: