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Agenda 02/13/2018 Item #16D21Proposed Agenda Changes Board of County Commissioners Meeting February 13, 2018 Withdraw Item 16F5: Recommendation to approve the first amendment to the Business Location Inducement Grant with Position Logic, LLC, which clarifies tax payment requirements. (Staff’s request) Note: Item 16D21: The Sport Contract Agreement was inadvertently omitted from the back-up material. Copies have been distributed. (Staff’s request) Time Certain Request: Item 9A to be heard at 9:15 a.m. Item 9B to be heard at 9:30 a.m. 2/13/2018 8:35 AM 02/13/2018 EXECUTIVE SUMMARY Recommendation to award Contract No. 17-7198, Collier County Sports Complex to Manhattan Construction, Inc., for Construction Management at Risk (CMAR) for pre-construction phased services in the amount of $195,527, authorize the Chairman to execute the contract, and make a finding that this expenditure promotes tourism. OBJECTIVE: To procure a CMAR to participate in the design and manage the construction of the Collier County Sports Complex. CONSIDERATION: On December 12, 2017, the Board of County Commissioners (Board) accepted the selection committee ranking and authorized staff to negotiate a contract with the top-ranked firm, Manhattan Construction, Inc., for CMAR of the Collier County Sports Complex. (Agenda Item 16D10). A CMAR is a procurement delivery method that entails a commitment by the Construction Manager to deliver a project within a Guaranteed Maximum Price (“GMP”), which is based on the construction documents and specifications at the time the GMP is determined, plus any reasonably inferred items or tasks. Pursuant to the Competitive Consultant’s Negotiation Act, Florida Statute Section 287.055, staff has negotiated and reached an agreement with the top-ranked firm, Manhattan Construction, Inc., for a $195,527 contract for construction management services. The contract represents pre-construction phased services for the project. The guaranteed maximum price for each construction phase will be brought back to the Board for approval in the form of an Amendment. FISCAL IMPACT: Funds are provided for the Collier County Sports Complex Project within Tourist Development Council (TDC) Capital Projects Fund (758) Project No. 50156. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. ADVISORY BOARD RECOMMENDATION: The Board and TDC approved this project and the 5th cent at the Joint Meeting between the Board and TDC on June 13, 2017 (Item 10A and 11A). LEGAL CONSIDERATIONS: This Item is approved as to form and legality, and requires majority vote for Board approval. -SRT RECOMMENDATION: To approve the award of Contract No.: 17-7198 to Manhattan Construction, Inc., for Collier County Sports Complex (Project No. 50156), authorizes the Chairman to execute the attached contract for pre-construction phased services, and make a finding that this expenditure promotes tourism. Prepared By: Margaret A. Bishop, P.E., Principal Project Manager, Facilities Management Division ATTACHMENT(S) 1. 17-7198 Solicitation (PDF) 2. [Linked] Manhattan - 17-7198 - Proposal - Criteria 1-5 (PDF) 16.D.21 Packet Pg. 1204 02/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.21 Doc ID: 4647 Item Summary: Recommendation to award Contract No. 17-7198, Collier County Sports Complex to Manhattan Construction, Inc., for Construction Management at Risk (CMAR) for pre- construction phased services in the amount of $195,527, authorize the Chairman to execute the contract, and make a finding that this expenditure promotes tourism. Meeting Date: 02/13/2018 Prepared by: Title: Project Manager, Senior – Facilities Management Name: Margaret Bishop 01/29/2018 3:08 PM Submitted by: Title: Division Director - Facilities Mgmt – Facilities Management Name: Dennis Linguidi 01/29/2018 3:08 PM Approved By: Review: Tourism Jack Wert Additional Reviewer Completed 01/29/2018 3:09 PM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 01/29/2018 3:25 PM Parks & Recreation Barry Williams Additional Reviewer Completed 01/29/2018 3:57 PM Facilities Management Dennis Linguidi Additional Reviewer Completed 01/29/2018 6:03 PM Procurement Services Sandra Herrera Additional Reviewer Completed 01/30/2018 10:10 AM Procurement Services Ted Coyman Additional Reviewer Completed 01/30/2018 12:45 PM Board of County Commissioners Jim Flanagan Additional Reviewer Completed 01/30/2018 4:32 PM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 01/30/2018 4:37 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 01/31/2018 9:05 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 01/31/2018 11:38 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/01/2018 12:26 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/01/2018 4:25 PM Budget and Management Office Ed Finn Additional Reviewer Completed 02/02/2018 2:15 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 02/02/2018 2:47 PM Office of Management and Budget Michael Cox Level 3 OMB Gatekeeper Review Skipped 02/01/2018 4:07 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/03/2018 7:19 PM 16.D.21 Packet Pg. 1205 02/13/2018 Board of County Commissioners MaryJo Brock Meeting Pending 02/13/2018 9:00 AM 16.D.21 Packet Pg. 1206 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CONSTRUCTION MANAGER AT RISK (CMAR) FOR Collier County Sports Complex SOLICITATION NO.: 17-7198 JIM FLANAGAN, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8946 jimflanagan@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Contractor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.D.21.a Packet Pg. 1207 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 2 TABLE OF CONTENTS ITEM DESCRIPTION......................................................................................................................................................... 1.0 Introduction 2.0 Scope of Services Phase 3.0 Construction Manager at Risk (CMAR) Process 4.0 Grading Criteria for Development of Shortlist Instruction to Proposers 5.0 Questions 6.0 Pre-Proposal Conference 7.0 Compliance with CMAR Solicitation 8.0 Ambiguity, Conflict, or Other Errors in the CMAR Solicitation 9.0 Proposals, Presentations, and Protest Costs 10.0 Delivery of Proposals 11.0 Validity of Proposals 12.0 Method of Source Selection 13.0 Evaluation of Proposals 14.0 References 15.0 Reserved Rights 16.0 Collier County Purchase Order Terms and Conditions Additional Terms and Conditions for CMAR 17.0 Insurance and Bonding Requirements 18.0 Additional items and/or Service 19.0 County’s Right to Inspect 20.0 Vendor Performance Evaluation 21.0 Additional Terms and Conditions of Contract 22.0 Public Records Compliance 23.0 Payment Method 24.0 Environmental Health and Safety 25.0 Licenses 26.0 Survivability 27.0 Principal/Collusion 28.0 Relation of County 29.0 Termination 30.0 Lobbying 31.0 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) 32.0 Single Proposal 33.0 Protest Procedures 34.0 Public Entity Crime 35.0 Security and Background Checks 36.0 Conflict of Interest 37.0 Prohibition of Gifts to County Employees 38.0 Immigration law Affidavit Certification 39.0 Term of Contract Attachments Attachment A – Required CMAR Forms Attachment B – Location Map Attachment C – Hunden Strategic Partners Report Attachment D – Final Technical Report; Memorandum from Agnoli, Barber & Brundage, Inc 16.D.21.a Packet Pg. 1208 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 3 CONSTRUCTION MANAGER AT RISK (CMAR) NUMBER: 17-7198 PROJECT TITLE: Construction Manager at Risk for Collier County Sports Complex ESTIMATED PROJECT EXPENDITURE: $65,000,000.00 - $85,000,000.00 PRE-PROPOSAL CONFERENCE: September 14, 2017 at 9:00 A.M. EST LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 PROPOSAL OPENING DAY/DATE/TIME: October 13, 2017 at 3:00PM PLACE OF PROPOSAL OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 1.0 INTRODUCTION As requested by the Collier County Board of County Commissioners the Procurement Services Division (hereinafter, “County”) has issued this Construction Manager at Risk Solicitation (hereinafter, “CMAR”) with the intent of obtaining proposals from interested and qualified Contractors in accordance with the terms, conditions and specifications stated or attached. The Contractor, at a minimum, must achieve the requirements of the Qualifications, Specifications, or Scope of Work stated. Collier County is in the process of developing a regional tournament caliber sports faci lity in multiple phases, the “Project”. The Project is located approximately 1 mile northeast of the I -75 and Collier Boulevard interchange. The Project will be constructed on two tracts of land: approximately 60 acres in the City Gate Industrial Park and approximately 60 acres on the County’s property immediately east of City Gate (see Attachment B “Location Map”). The Project was developed after extensive research determined that Collier County did not have adequate facilities that support sports tourism and there is growing local demand for field space. The research culminated into a final sighting and amenities assessment completed by Hunden Strategic Partners (see Attachment C – Hunden Strategic Partners Report). The report identified three components for the initial sports complex: 1) 8 multipurpose fields and 8 Baseball/softball fields; 2) a multipurpose championship venue with seating ranging from 3,000 to 6,000 seats; and 3) a fieldhouse/indoor facility up to 125,000 square feet. The concept also ca lls for the potential for creative amenities to be designed in and around the water management features and fields such as walking/running trails, bicycle track, running track, beach volle yball, and shaded rest areas. Following the Hunden study, Collier County developed a technical report that included conceptual complex plans to determine acreage and general sizing needs. The conceptual plans and cost estimates were used to develop the budget and preliminary pro ject scope. The engineering evaluation resulted in a final technical report (see Attachment D - Final Technical Report; Memorandum from Agnoli, Barber & Brundage, Inc.) that will be used as a guide for the “Development Team”: owner, construction manager, and design team to include engineer of record, park planner, and architect. The concept plans and technical report should only be used for a base understanding of the Project. Collier County fully expects that the development team will evaluate the needs identified in th e report and feedback from the sports complex task force to create an updated concept plan that will be used to guide the Project through design, establish phasing recommendations, and construct the Project. This request for construction management services will result in an award for the Preconstruction Phase with the option of ad ding the Construction Phase Services. The Construction Manager will be expected to work with the Development Team from the schemati c phase of the design in order to develop the best construction design for the most efficient installation. The chosen Construc tion Management firm must be creative, understand value design/engineering, and excel at proactive project management and detaile d project accounting. The Project will be constructed in phases as outlined below. It is the County’s intent that the Construct ion Management firm will work with the Development Team to run overlapping designs so that as a phase is going through a Board approved guaranteed maximum price (GMP) contract amendment, the subsequent phase will follow within approximately six months until the entire Project is completed. The phasing will be used for cost containment/management while also working expedientl y to construct the eight multipurpose fields and site civil work as soon as practicable. . 2.0 SCOPE OF SERVICES PHASE The Construction Manager’s work may commence with a pre-construction services agreement as a part of the comprehensive Construction Management Services contract, which will apply to the design phase of the Project. Prior to commencing construction of the Project, the Construction Manager will assume the risk of delivering the Project through a GMP contract amendment. The Construction Manager will be responsible for construction means and methods, and will be required to solicit bids from qualified subcontractors to perform the work. During the construction phase, the Construction Manager shall be solely responsible for performance of the Project, and shall function in the role of an independent General Contractor. That role may include, but not be 16.D.21.a Packet Pg. 1209 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 4 limited to, the following during each Phase as indicated below: 3.0 CONSTRUCTION MANAGER AT RISK (CMAR) PROCESS 3.1 The selection process will involve a two step proposal review to minimize Proposers’ costs in preparing initial qualification proposals and expediting the review process. The Proposers will initially s ubmit a qualifications proposal which will be scored based on the criteria in Section 4.0 Grading Criteria for Development of Shortlist, which will be the basis for the County’s intent to short-list no less than three (3) firms. The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then issue an invitation for oral presentations (Step 2) to the short-listed firms and produce a final ranking for approval by the Board of County Commissioners. Upon approval, the County will enter into negotiations with the top ranked firms to establish cost for the services needed. With successful negotiations, a contract will be developed with the selected firm, based on the negotiated price and technical components. The COUNTY plans to include an allowance in the contract for items such as changes in scope and permit acquisition. 3.2 The COUNTY will use a Selection Committee in the Request for Professional Services selection process. 3.3 The intent of the Step 1 scoring of the qualifications proposal is for Contractors to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 3.4 Based upon a review of these qualification proposals, the short-listed firms will be requested to submit Step 2, to make oral presentations. 3.5 The scores from the CMAR - Step 1 used for short-listing for this Project will not be carried forward for the Step 2 of this selection process. 3.6 The intent of the Step 2 oral presentations is to provide the firms with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before establishing a final rank order. 3.7 After review of the Step 2 oral presentations, the COUNTY will rank the Proposers based on the discussion and clarifying questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked Proposer. 3.8 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top-ranked firm, negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be successfully negotiated with the firm ranked second, negotiations with that firm will be formally terminated and negotiations shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY. 3.9 Pre Construction Phase: (from award through design and engineering, and concluding with the acceptance of the GMP as evidenced by execution of amendment to the agreement for the Construction Phase). Pre-construction services by the Construction Manager may include, but may not be limited to the following: • Provide detailed cost estimating and knowledge of marketplace conditions. • Provide project planning and scheduling for both design and construction phases. • Provide for construction phasing and scheduling that will minimize interruption to site operations and by means of a comprehensive logistics plan. • Provide a site utilization plan for all construction activities. • Develop a scheduling process as requested by the County. • Provide preliminary and detailed scheduling analysis as needed throughout the Project. • Provide a Schedule of Values prior to finalization of the GMP including identifying prospective subcontractors, suppliers and sub-trades acceptable to the County. • Provide recommendations on sub-contractors, materials, and amenities at the facility. • Provide alternate systems evaluation and constructability studies. • Advise the Project Team of ways to gain efficiencies in project delivery and reduce overall delivery time. • Provide long-lead procurement recommendations and identify items that have the potential to be procured by the County. • Provide copies of bids and quotations solicited from prospective subcontractors, suppliers and sub-trades. Note: The County will make a determination for when the Construction Manager will procure a minimum of three (3) bids, or demonstrate a good faith effort acceptable to the County that demonstrates attempts to obtain three (3) bids. 16.D.21.a Packet Pg. 1210 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 5 • Single source or sole source recommended procurements shall be preapproved by the County. • Participate in regularly-scheduled project coordination meetings. • Participate in constructability reviews at various levels of design. • Assist in the permitting processes, include all fees and permit fee in the GMP. • Provide value engineering throughout Project. • Continually evaluate quality, safety, and environmental factors. • Advise County regarding green building materials and methods, as well as recommendations for building life span and efficient operations. • Review final plans and specification for completeness and ADA compliance. • Provide estimating throughout the Project. • Submit GMP for review and negotiation. • Review architectural drawings to ensure coordination between disciplines. • Establish, implement and maintain quality control standards. 3.10 Construction Phase: (commencing after the preconstruction Phase) Construction services by the Construction Manager may include, but may not be limited to the following: • Prepare the overall project schedule and provide periodic detailed updates. • Participate in regularly-scheduled project coordination meetings. • Serve as the general contractor during construction. • Coordinate with the County, other agencies, utility companies, and other parties as necessary. • Obtain County approval on all formats and reporting structures. • Provide long-lead procurement recommendations and, subject to the County’s authorization, initiate procurement of long- lead items. • Identify items that have the potential to be procured by the County. • Arrange for procurement of materials and equipment. • Schedule and manage site operations. • Prepare, bid, and award bid packages for labor and materials, and manage the resultant subcontracts/purchase orders. • Provide quality controls. • Bond and insure the construction. • Comply with all federal, state and local permitting requirements. • Address and resolve Project Team issues. • Maintain a safe work site for all project participants. • Develop, maintain and record all construction documentation. • Provide a billing system acceptable to the County for invoicing and payment approval process. Components of Construction The county’s vision for the execution of the construction phasing is outlined below and subject to available funding after each phase is encumbered through the GMP process. These phases will be addressed through amendments to the contract. a. City Gate 60 +/- acre site civil including but not limited to utilities, stormwater, paving and grading, 8 multipurpose ball fields, amenities, lighting, irrigation, perimeter landscaping, etc. b. Stadium including but not limited to championship field, lighting, irrigatio n, locker rooms, concession, media accommodations, stands, stadium seating, etc c. Field House/Event Center is intended to be a complete building with mechanical, electrical, plumbing and technology 16.D.21.a Packet Pg. 1211 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 6 or shell building to be outfitted at a later date. d. County 305 property site civil including but not limited to utilities, stormwater, paving and grading, 8 baseball/softball fields, amenities, lighting, irrigation, perimeter landscaping, etc. (d.) may be combined with (a.) subject to availability of permits. 4.0 GRADING CRITERIA FOR DEVELOPMENT OF SHORTLIST: 4.1 For the development of a shortlist, this evaluation criteria will be utilized by the COUNTY’S Selection Committee to score each proposal. Contractors are encouraged to keep their proposals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Ability of Personnel 25 Points 2. Past Performance 30 Points 3. Project Approach, Willingness to Meet Time and Budget Requirements 25 Points 4. Recent, Current, and Projected Workloads of the Firm 10 Points 5. Financial Strength and Liabilities of the Firm 10 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty -four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from t he County’s financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. ----------------------------------------------------------------------------------------------------------------------------------------------- Each criterion and methodology for scoring is further described below. EVALUATION CRITERIA NO. 1: ABILITY OF PERSONNEL (25 Total Points Available) This criterion measures the ability of team personnel as shown by their level of experience on projects of similar type, size and complexity. This criterion measures how well the team is staffed to address all facets of the project. It measures how well the team is organized to deliver the project for the COUNTY. Preference will be given to teams with knowledge and experience with local construction and regulatory co nditions and who demonstrate a strong commitment to team collaboration proximate to the project site. Preference will also be given to teams (both individual within the teams and the companies making up the team) that have worked together on successful delivery of similar projects. It measures the overall level of the team’s qualifications to successfully complete the project. EVALUATION CRITERIA NO. 2: PAST PERFORMANCE (30 Total Points Available) This criterion measures the proposers past experience with projects similar in size, type and complexity as this project. The proposers will be evaluated on their past project experience that are of a size and scope of this project, including the experience the team members proposed on this project have together on the previous projects presented. Experience with all elements of the project scope as generally described herein will be evaluated, with specific emphasis on experience addressing the technical, community and project delivery categories. The team’s minimization of change orders will be an important consideration. The County requests that the vendor submits no fewer than five (5) and no more than ten (10) completed reference forms from clients whose projects are of a similar nature to this solicitation completed within ten (10) years as a part of their proposal. References to include no more than one Collier County project. Provide information on the projects completed by the Proposer that best represent projects of similar size, scope and complexity of this project using form provided in Attachment A – Form 8. Proposer may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the selection committee information to assess the experience of the Proposer on relevant project work. EVALUATION CRITERIA NO. 3: PROJECT APPROACH, WILLINGNESS TO MEET TIME AND BUDGET REQUIREMENTS (25 Total Points Available) Written overview of the team’s resources available to complete the services requested in the schedule outlined in the scope of services. The Proposer should illustrate to the COUNTY how they propose to approach the project and assemble the resources to meet each phase and each major element of the project. (Limit response to 3 pages) A conceptual level schedule should be included as a separate page to illustrate concepts of design and permitting time, sequencing of the major elements. (Limit schedule to 1 page, 11” x 17” page size and 40 activities maximum) 16.D.21.a Packet Pg. 1212 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 7 Written overview of professional team’s concept and approach to managing the overall cost of the project. (Limit response to 5 pages) Include in the 5 page response specific information on past project performance that demonstrates the Proposer’s ability to meet owners’ budgets including change order history on similar projects. EVALUATION CRITERIA NO. 4: RECENT, CURRENT, AND PROJECTED WORKLOADS OF THE FIRM (10 Total Points Available) This criterion measures the team’s proposed resources for the project and their availability to complete all elements of this project with regards to the closeout of recent work, current workload, and projected projects that could impact the completion of this project. EVALUATION CRITERIA NO. 5: FINANCIAL STRENGTH AND LIABILITIES OF THE FIRM (10 Total Points Available) Provide an Experian Credit Report, and audited financial statements for the last three years, current credit rating, current net worth, leverage, profitability in relation to size, liquidity and overall financia l stability. The Proposer shall provide detailed information concerning all direct and indirect fixed or contingent liabilities undertaken by the Proposer, its parent, affiliates and subsidiaries in connection with other projects, whether by way of financial or performance commitments, guarantees, or otherwise that may put limitations on its financial exposure for this project. The Proposer shall also disclose any outstanding litigation that could adversely affect its financial condition if judgment i s brought against the Proposer. INSTRUCTIONS TO PROPOSERS 5.0 QUESTIONS 5.1 Direct questions related to this CMAR Solicitation to the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. 5.2 Contractors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Professional noted on the cover page. 6.0 PRE-PROPOSAL CONFERENCE 6.1 The purpose of the non-mandatory pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the CMAR Scope of Services with all prospective Contractors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the CMAR Solicitation. Only written responses to written questions will be considered official, and will be included as part of the CMAR Solicitation as an addendum. 6.2 All prospective Contractors are strongly encouraged to attend, as, this will usually be the only pre -proposal conference for this solicitation. 7.0 COMPLIANCE WITH THE CMAR 7.1 Proposals must be in strict compliance with this CMAR Solicitation. Failure to comply with all provisions of the CMAR Solicitation may result in disqualification. 8.0 AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE CMAR SOLICITATION 8.1 It is the sole responsibility of the Contractor if the Contractor discovers any ambiguity, conflict, discrepancy, omission or other error in the CMAR Solicitation, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Professional will make modifications by issuing a written revision and will give written notice to all parties who have received this CMAR Solicitation from the Procurement Service s Division. 9.0 PROPOSALS, PRESENTATIONS, AND PROTEST COSTS 9.1 The County will not be liable in any way for any costs incurred by any Contractor in the preparation of its proposal in response to this CMAR Solicitation, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 10.0 DELIVERY OF PROPOSALS 10.1 All proposals are to be submitted before 3:00PM, Naples local time, on or before October 13, 2017 the Collier County 16.D.21.a Packet Pg. 1213 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 8 Procurement Services Division Online Bidding System website: www.colliergov.net/bid. 10.2 The County does not bear the responsibility for proposals delivered to the Procurement Services Division past the stated date and/or time indicated. 11.0 VALIDITY OF PROPOSALS 11.1 No proposal can be withdrawn after it is opened unless the Contractor makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 12.0 METHOD OF SOURCE SELECTION 12.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2017-08, establishing and adopting the Collier County Procurement Ordinance. 12.2 If the County receives proposals from less than three (3) firms, the Procurement Services Division Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selec tion Committee score and rank order the received proposals. 13.0 EVALUATION OF PROPOSALS 13.1 The County’s procedure for selecting is as follows: 13.1.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted. 13.1.2 The solicitation is issued. 13.1.3 Subsequent to the closing date for the proposals, the Procurement professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published CMAR. 13.1.4 Selection committee meetings will be publicly noticed by the Procurement Services Division. 13.1.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publically announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be posted on the County Calendar with at least one (1) day advanced notice. 13.1.6 Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the CMAR solicitation using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. 13.1.7 At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. Time will be allowed for public comment. 13.1.8 Collier County selection committee members may consider all the material s ubmitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier Count y may request, clarification of proposer information, and/or additional credit information. 13.1.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The committee will make a determination on which firms will be invited to give oral presentations by short listing the proposals submitted with the goal of identifying those firms from which to receive oral presentations from. The selection committee may ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their final ranking. 13.1.10 The selection committee’s overall rank of firms in order of preference (from highest beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Professional. By final consensus, and having used all information presented (proposal, presentation, references, etc.), the sel ection committee members will create a final ranking for Board of County Commission approval and staff will subsequently enter into negotiations. 13.2 The County reserves the right to withdraw this CMAR at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. 13.3 Receipt of a proposal by the County offers no rights upon the Contractor nor obligates the County in any manner. 13.4 Acceptance of the proposal does not guarantee issuance of any other governmental approvals. 16.D.21.a Packet Pg. 1214 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 9 14.0 REFERENCES 14.1 The County reserves the right to contact any and all references submitted as a result of this solicitation. 15.0 RESERVED RIGHTS 15.1 Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive mino r irregularities and technicalities; or to request resubmission. Also Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of Coll ier County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one or more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the be st interest of the County. Collier County reserves its right to reject any sol e response. COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 16.0 TERMS AND CONDITIONS 16.1 Offer 16.1.1 This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 16.2 Acceptance and Confirmation 16.2.1 This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. 16.2.2 No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY’S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 16.3 Inspection 16.3.1 All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR’S expense. 16.3.2 To the extent that a purchase order requires a series of performances by VENDOR, the CO UNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non conforming or otherwise rejected by the COUNTY. 16.4 Shipping and Invoices 16.4.1 a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of deliver y; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. 16.4.2 b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. 16.4.3 c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must sho w Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. 16.4.4 d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compl iance 16.D.21.a Packet Pg. 1215 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 10 with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pursuant to the Board of County Commissioners Purchasing Policy. 16.5 Time Is Of the Essence 16.5.1 Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY’S right to insist upon further compliance with all specifications. 16.6 Changes 16.6.1 The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmati ve obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 16.7 Warranties 16.7.1 VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 16.8 Statutory Conformity 16.8.1 Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 16.9 Advertising 16.9.1 No VENDOR providing goods and services to the COUNTY shall advertise the fact that it h as contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department. 16.10 Indemnification 16.10.1 VENDOR shall defend, indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 16.11 Warranty of Non Infringement 16.11.1 VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. 16.11.2 VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). 16.11.3 If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non infringing, (without any material d egradation in performance, quality, functionality or additional cost to the COUNTY). 16.12 Insurance Requirements 16.12.1 The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and 16.D.21.a Packet Pg. 1216 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 11 limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 16.13 Compliance with Laws 16.13.1 In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non -exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 16.14 Force Majeure 16.14.1 Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediatel y give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 16.15 Assignment 16.15.1 VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16.16 Taxes 16.16.1 Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 16.17 Annual Appropriations 16.17.1 The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 16.18 Termination 16.18.1 This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 16.19 General 16.19.1 a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida 16.19.2 b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. 16.19.3 c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. 16.19.4 d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. 16.19.5 e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the 16.D.21.a Packet Pg. 1217 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 12 extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. ADDITIONAL TERMS AND CONDITIONS FOR CMAR 17.0 INSURANCE AND BONDING REQUIREMENTS 17.1 The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. 17.2 The County and the Contractor waive against each other and the County’s separate Contractors, Contractors, Design Contractor, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Contractors, Design Contractors and Subcontractors and shall require each of them to include similar waivers in their contracts. 17.3 Collier County shall be responsible for purchasing and maintaining, its own liabili ty insurance. 17.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” 17.5 The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. 17.6 Collier County Board of County Commissioners shall be named as the Certifi cate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 17.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self - insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor’s sole responsibility. 17.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. 17.9 The Contractor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 17.10 Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 17.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar 16.D.21.a Packet Pg. 1218 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 13 days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18.0 ADDITIONAL ITEMS AND/OR SERVICES 18.1 Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 19.0 COUNTY’S RIGHT TO INSPECT 19.1 The County or its authorized Agent shall have the right to inspect the Contractor’s facilities/project site during and after each work assignment the Contractor is performing. 20.0 VENDOR PERFORMANCE EVALUATION 20.1 The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 21.0 ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 21.1 The selected Contractor shall be required to sign a Collier County contract. 21.2 The resultant contract(s) may include purchase or work orders issued by the County’s project manager . 21.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Contractor. 21.4 The County’s project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 22.0 PUBLIC RECORDS COMPLIANCE 22.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: 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: Communication and Customer Relations Division 3299 Tamiami Trail East Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 22.2 The Contractor must specifically comply with the Florida Public Records Law to: 22.2.1 Keep and maintain public records required by the public agency to perform the service. 22.2.2 Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reason able time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 22.2.3 Ensure that public records that are exempt or confidential and exempt from 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 public agency. 22.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public reco rds in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency 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 public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 16.D.21.a Packet Pg. 1219 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 14 23.0 PAYMENT METHOD 23.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include: 23.1.1 Purchase Order Number 23.1.2 Description and quantities of the goods or services provided per instructions on the County’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700 Naples FL 34112 Or Emailed to: bccapclerk@collierclerk.com 23.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 23.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off- set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 23.4 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” Colli er County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 24.0 ENVIRONMENTAL HEALTH AND SAFETY 24.1 All Contractors and Sub Contractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Contractors and Sub Contractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. 24.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Contractor’s work operations. This provision is non-negotiable by any department and/or Contractor. 24.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 24.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 25.0 LICENSES 25.1 The Contractor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Contractor to submit the required documentation may be grounds to deem Contractor non-responsive. A Contractor, with an office within Collier County is also required to have an occupational license. 25.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active” in Collier County. 25.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector’s Office at (239) 252-2477. 26.0 SURVIVABILITY 16.D.21.a Packet Pg. 1220 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 15 Purchase Orders: The Contractor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 17-7198 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 27.0 PRINCIPAL/COLLUSION 27.1 By submission of this Proposal the undersigned, as Contractor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned ha s any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, compan y or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 28.0 RELATION OF COUNTY 28.1 It is the intent of the parties hereto that the Contractor shall be legally considered an independent Contractor, and that neither the Contractor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Contractor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 29.0 TERMINATION 29.1 Should the Contractor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board’s Procurement Ordinance. 30.0 LOBBYING 30.1 After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procur ement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty-eight of County Ordinance 2017-08. 31.0 CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (Florida Statute 607.1501) 31.1 In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 32.0 SINGLE PROPOSAL 32.1 Each Contractor must submit, with their proposal, the required forms included in this CMAR. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub -Contractor to any other firm submitting under the same CMAR. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-Contractor to any other firm or firms submitting under the same CMAR. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 33.0 PROTEST PROCEDURES 33.1 Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director strictly in ac cordance with the County’s current Procurement Ordinance and policies. 33.2 Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within three (3) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. 33.3 Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructi ons as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available from the Procurement Strategist handling this solicitation. 16.D.21.a Packet Pg. 1221 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 16 34.0 PUBLIC ENTITY CRIME 34.1 A person or affiliate who has been placed on the convicted Contractor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work ; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or Contractor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 2 87.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Contractor list. 35.0 SECURITY AND BACKGROUND CHECKS 35.1 The Contractor is required to comply with County Ordinance 2004 -52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 35.2 All of Contractor’s employees and subcontractors must wear Collier County Gove rnment Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time per iod in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s business. 35.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e -mail (DL- FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 35.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 36.0 CONFLICT OF INTEREST 36.1 Contractor shall complete the Conflict of Interest Affidavit included as an attachment to this CMAR document. Disclosure of any potential or actual conflict of interest is subject to County staf f review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contr act selection and execution. 37.0 PROHIBITION OF GIFTS TO COUNTY EMPLOYEES 37.1 No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or othe r item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, CMAR, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 38.0 IMMIGRATION LAW AFFIDAVIT CERTIFICATION 38.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. 38.2 The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including Request for Professional Services (CMAR) and construction services. 38.3 Exceptions to the program: 38.3.1 Commodity based procurement where no services are provided. 38.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners 38.4 Contractors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly 16.D.21.a Packet Pg. 1222 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 17 completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Contractor does not comply with providing the acceptable E-Verify evidence and the executed affidavit the bidder’s / Contractor’s proposal may be deemed non-responsive. 38.5 Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the “Exceptions to the program” clause above. 38.6 For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor’s responsibility to familiarize themselves with all rules and regulations governing this program. 38.7 Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either ma y be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breac h of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 39.0 TERM OF CONTRACT The contract term will be negotiated. Prices shall remain firm for the awarded contract. Surcharges will not be accepted in conjunction with this award, and such charges should be incorporated into the pricing structure. END OF ADDITIONAL TERMS AND CONDITIONS FOR CMAR 16.D.21.a Packet Pg. 1223 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CONSTRUCTION MANAGER AT RISK (CMAR) REQUIRED FORMS FOR Collier County Sports Complex ATTACHMENT A – REQUIRED FORMS SOLICITATION NO.: 17-7198 JIM FLANAGAN, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8946 JimFlanagan@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.D.21.a Packet Pg. 1224 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 2 Form 1: Construction Manger’s Non-Response Statement The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear, concise and ope nly competitive. Therefore, we are interested in ascertaining reas ons for prospective Construction Managers not wishing to respond to this solicitation. If your firm is not responding to this CMAR, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Procurement Services Division, 3295 Tamiami Trail East, BLDG C-2, Naples, FL 34112. We are not responding to CMAR Solicitation 17-7198 - CMAR for Collier County Sports Complex for the following reason(s): Services requested not available through our company. Our firm could not meet specifications/scope of work. Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) Project is too small. Insufficient time allowed for preparation of response. Incorrect address used. Please correct mailing address: Other reason(s): Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: _____________________________________ Date _____________ 16.D.21.a Packet Pg. 1225 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 3 Form 2: CMAR Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. The Construction Manager should check off each of the following items as the necessary action is completed: The Proposal has been signed. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Any addenda have been signed and included. ALL PROPOSALS MUST HAVE THE CMAR NUMBER AND TITLE ON THE OUTSIDE OF THE PACKET Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: ________________________________________ Date ___________ 16.D.21.a Packet Pg. 1226 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 4 Form 3: Conflict of Interest Affidavit The Construction Manager certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with: 17-7198 - CMAR for Collier County Sports Complex does not pose an organizational conflict as described by one of the three categories below: Biased ground rules – The firm has not set the “ground rules” for affiliated past or current Collier County project identified above (e.g., writing a procurement’s statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity – The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor’s ability to render impartial advice to the government. Unequal access to information – The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / consultant must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the “sunshine”) or through non-public (not in the “sunshine”) conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers a nd/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, cont ractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: ____________________________________________________________________________ Signature and Date:_________________________________________________________________ Print Name: _______________________________________________________________________ Title of Signatory: __________________________________________________________________ State of_____________________________________ County of _______________________________________ SUBSCRIBED AND SWORN to before me this ________________ day of __________________, 20__________, by _______________________________________________, who is personally known to me to be the ________________________________________ for the Firm, OR who produced the following identification ________________________________________. __________________________________________________________ ________________________________ Notary Public Commission Expira tion 16.D.21.a Packet Pg. 1227 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 5 Form 4: Construction Manager Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CMAR Solicitation: 17-7198 - CMAR for Collier County Sports Complex Dear Commissioners: The undersigned, as Construction Manager declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Construction Manager agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Construction Manager states that the proposal is based upon the proposal documents listed by the above referenced CMAR Solicitation. IN WITNESS WHEREOF, WE have hereunto subscribed our names on thi s _____ day of _____________, 20__ in the County of _______________, in the State of _____________. Firm’s Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number CCR # or CAGE Code __________________________________________________________________________ Telephone: FAX: Signature by: (Typed and written) Title: 16.D.21.a Packet Pg. 1228 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 6 Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: 16.D.21.a Packet Pg. 1229 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 7 Form 5: Immigration Affidavit Certification CMAR Solicitation: 17-7198 CMAR for Collier County Sports Complex This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal R equest for Professional Services (RPS) submittals. Further, Consultants are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant’s proposal. Acceptable evidence con sists of a copy of the properly completed E -Verify Company Profile page or a copy of t he fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program may deem the Consultant’s proposal as non-responsive. Collier County will not intentionally award County contracts to any Consultant who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (“INA”). Collier County may consider the employment by any Consultant of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Consultant attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration A ct and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E -Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the ti me of submission of the Consultant’s proposal. Company Name ____________________________________________________________________ Print Name Title _______________________ Signature Date _______________________ State of ___________________ County of _________________ The foregoing instrument was signed and acknowledged before me this ______day of ________________, 20___, by _______________________________ who has produced _____________________________ as identification. (Print or Type Name) (Type of Identification and Number) _____________________________________ Notary Public Signature _____________________________________ Printed Name of Notary Public _____________________________________ Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 16.D.21.a Packet Pg. 1230 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Construction Manager at Risk for Collier County Sports Complex 8 Form 6: Construction Manager’s Substitute W – 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name ________________________________________________________________________________ (as shown on income tax return) Business Name (if different from taxpayer name) Address ____________________________________ City ______________________________________________ State ______________________________________ Zip______________________________________________ Telephone __________________ FAX ______________________ Email _________________________________ Order Information Address ___________________________________ Remit / Payment Information Address ____________________________________________ City __________ State ________ Zip ___________ City _____________ State _________ Zip______________ FAX ______________________________________ Email ____________________________________ FAX ______________________________________________ Email _____________________________________________ 2. Company Status (check only one) Individual / Sole Proprietor Corporation Partnership Tax Exempt (Federal income tax-exempt entity under Internal Revenue Service guidelines IRC 501 (c) 3) Limited Liability Company Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) _______________________________________________________________ (Consultants who do not have a TIN, will be required to provide a social security number prior to an award). 4. Sign and Date Form: Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature ___________________________________________________________ Date ______________________________ Title _______________________________________________________________ Phone Number ________________________ 16.D.21.a Packet Pg. 1231 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) . Form 7: Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. Employer’s Liability $1,000,000 single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 5. Automobile Liability $1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ __________ Per Occurrence Professional Liability $1,000,000 __ Per claim & in the aggregate Project Professional Liability $ __________ Per Occurrence Valuable Papers Insurance $ __________ Per Occurrence 16.D.21.a Packet Pg. 1232 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Technology Errors and $___________ Per Occurrence Cyber Coverage $ ___________ Per Occurrence 7. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates o f insurance meeting the required insurance provisions. 10. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor’s policy shall be endorsed accordingly. 11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. Thirty (30) Days Cancellation Notice required. RLC 8/30/2017 RE: 17-7198 Construction Manager at Risk for Collier County Sports Complex Construction Manager at Risk Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm _______________________________________ Date ____________________________ Consultant Signature _____________________________________________________________________________ Print Name _____________________________________________________________________________ Insurance Agency _____________________________________________________________________________ Agent Name ___________________________________ Telephone Number ________________ 16.D.21.a Packet Pg. 1233 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Form 8: Reference Questionnaire Solicitation: 17-7198 - CMAR for Collier County Sports Complex Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were ver y satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS 16.D.21.a Packet Pg. 1234 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Form 9: Required Licenses The Contractor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work includ ed in the contract documents. Failure on the part of any Contractor to submit the required documentation may be grounds to deem Contractor non-responsive. A Contractor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active” in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector’s Office at (239) 252 -2477. Provide copy of Florida Department of Business and Professional Regulation license. Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: _____________________________________ Date _____________ 16.D.21.a Packet Pg. 1235 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Collier County 305 SITE Attachment B – Location Map Note: for illustration purposes only; not to scale City Gate Site 16.D.21.a Packet Pg. 1236 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Hunden Strategic Partners February 27, 2017 16.D.21.a Packet Pg. 1237 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 2 o Demand for both indoor and outdoor sports is not being accommodated by existing facilities locally. o Multiple large events are outgrowing Collier County facilities and have or are considering relocating. o Hospitality package impacted by limited number of available affordable rooms and seasonality. o Outdoor facilities are highest priority, closely followed by indoor facilities. o North Collier Regional Park expansion ideal scenario. Other sites offer more flexibility with development. Overview of Previous Study by HSP 16.D.21.a Packet Pg. 1238 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 3 HSP Recommended Sports Complex o Recommended Outdoor Sports Complex o Minimum of 60 acres o Eight multipurpose fields (16 fields for future growth needs) o One championship field o Lighted and turf fields o Eight diamonds o One championship field o Lighted and turf infields o Field overlay plans for outfields of diamonds o Recommended sports complex should be developed on a site that provides adequate amount of acreage for future growth of the sports facilities and development of support amenities, such as hotels and dining options. 16.D.21.a Packet Pg. 1239 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 4 HSP Previous Study Projected Room Nights Projected Room Nights Generated - Collier County Sports Complex Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Soccer 5,900 6,418 6,573 8,926 9,552 9,784 10,014 10,251 10,493 10,741 Baseball 9,016 9,236 10,749 11,018 12,660 12,985 13,317 13,659 14,010 14,370 Softball 5,382 6,298 7,264 8,771 9,866 10,129 10,400 10,678 10,964 11,257 Football 1,537 1,574 1,794 2,064 2,309 2,368 2,429 2,491 2,555 2,620 Lacrosse 1,181 1,209 1,699 1,897 1,944 1,993 2,042 2,093 2,145 2,199 Other 127 127 214 214 300 300 386 386 386 386 23,145 24,862 28,293 32,890 36,631 37,558 38,588 39,557 40,552 41,573 Source: Various Sports Organizations, Hunden Strategic Partners •Major hotel room night generator by stabilization 16.D.21.a Packet Pg. 1240 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 5 HSP Previous Study Economic, Fiscal and Employment Impact Summary of Impacts 20-Years Stabilized Year Net New Spending Direct $320 $14.8 Indirect $82 $3.8 Induced $66 $3.0 Total $468 $22 Net New Earnings From Direct $118 $5.4 From Indirect $7 $0.3 From Induced $5 $0.2 Total $129 $6.0 Net New FTE Jobs From Direct 362 345 From Indirect 13 13 From Induced 36 35 Total 412 392 Collier County Taxes Collected Tourism Development Tax (4.0%)$5,301 $248 Collier County Total $5,301 $248 Construction Impact (000s) Total Spending $18,614 Direct Labor Spending $21,071 Job-Years, Actual 114 Source: Hunden Strategic Partners (millions) (millions) Actual (000s) •Recommended sports complex is estimated to generate $468 million in total spending over 20 years. 16.D.21.a Packet Pg. 1241 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 6 Collier County Sports Study –Phase II Key Questions o Assessment of three proposed sites o Assessments of site and parking plans o Feasibility of an indoor facility –minimum size and costs o Management structure 16.D.21.a Packet Pg. 1242 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 7 Collier County Site Map 16.D.21.a Packet Pg. 1243 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 8 Collier County Site Summary •Collier County 305 & City Gate sites provide opportunity for the county to acquire additional acres beyond the current parcel size. •City Gate site ownership will allow County the opportunity to purchase additional land when future phases of sports complex are needed. •Magnolia Pond expansion not a likely possibility. Collier County Site Summary Hotels Site Closest Node # of Hotels # of Rooms Collier County 305 Collier County New Excellent 305.6 Yes TBD Mid- to Long-term < 1.5 miles 7 832 Yes City Gate Private New Excellent 153.0 Yes TBD Short-term < 1.5 miles 7 832 Yes Magnolia Pond Drive Private New Excellent 45.9 No TBD Long-term < 1.5 miles 7 832 Yes Source: Collier County Property Appraiser Office, Hunden Strategic Partners F&B NearbyEst. Time to DevelopmentOwnershipDevelopmentMitigation Costs Potential for ExpansionSizeAccess & Visibility 16.D.21.a Packet Pg. 1244 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 9 Magnolia Pond Site Plan Exhibit F-4 •Parking: 1,067 spaces 16.D.21.a Packet Pg. 1245 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 10 Magnolia Pond Site Plan Exhibit F-5 •Parking: 1,035 spaces 16.D.21.a Packet Pg. 1246 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 11 o Positives: o Proximity of fields provides ease of operations for large tournaments o Dedicated parking for championship facilities o Negatives: o Location of championship fields across an active street o Multiple entry points o Site does not allow for expansion or addition of other amenities o Plan provides ~67 spaces per field (typical allocation is 75 to 100). o Location in relation to fields is not ideal; smaller parking areas for every four fields is preferred. o Parking plan is generally challenging for large tournaments and should not be considered. Magnolia Pond -Exhibit F-4 Site Plan Assessment Magnolia Pond Exhibit F-4 Parking Plan Assessment 16.D.21.a Packet Pg. 1247 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 12 Magnolia Pond -Exhibit F-5 Site Plan Assessment o Plan includes six multipurpose fields (at least eight are recommended). o Disconnect between fields and diamonds, with no clear access and required crossing of an active road. o Plan does not allow for future expansion or addition of other amenities. o Plan is not ideal for a tournament-quality complex. o Parking plan features 1,035 spaces, or approximately 74 per field. o Location in relation to fields is not ideal. o Challenges for any overflow parking. o Parking design in Exhibit F-5 is not ideal for the recommended sports complex. Magnolia Pond Exhibit F-5 Parking Plan Assessment 16.D.21.a Packet Pg. 1248 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 13 Magnolia Pond Site Conclusions o Con’s: o Largest hurdle to development is existence of multiple owners and parcels. Access to site would require additional parcel. In order for County to purchase the site, it must negotiate with four site owners. Strategic, price, timing and complexity constraints. o Site size and potential for additional developments are limited. o Challenges exist related to conservation and drainage for a sports complex. o Pro’s: o Access would be ideal for recommended sports complex if parcels were acquired and combined. o Proximity to hotel and dining options make this site attractive for large tournaments. o HSP suggests that the Magnolia Pond site not be considered. 16.D.21.a Packet Pg. 1249 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 14 City Gate Commerce Center Sports Complex Conceptual Plan 16.D.21.a Packet Pg. 1250 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 15 City Gate -Site Plan Assessment o Site plan includes recommended sports complex and is sited on a contiguous plot of land, which is ideal for event organizers. o Only two access points into complex are planned. o Ease of wayfinding by both vehicle and pedestrians throughout complex. o Site plan is designed to allow for multiple events to be programmed at same time. However, disconnect between the two four-wheels of diamonds could present challenges by event organizers. o City Gate site plan features a sports complex that includes all features currently required for tournament-quality sports complexes. 16.D.21.a Packet Pg. 1251 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 16 City Gate Parking Plan Assessment o City Gate parking plan features more than 1,800 parking spaces, which is approximately 106 parking spaces per field. At this ratio, parking plan matches requirements of event organizers. o Design and layout of parking allows for ease of access to all fields and surrounds entire sports complex. o Allotment of parking spaces per field and design and layout of parking spaces throughout complex make parking plan ideal for recommended sports complex. City Gate Parking Summary Parking Ratio Units Required Parking Provided Parking 15 Fields / 1 Fieldhouse 50 spaces / Field 16 Fields 800 801 3,000 seat Championship Venue 1 Space / 3 Seats 3,000 Seats 1,000 1,000 Bus Parking ------8 Total ---1,800 1,809 Source: Davidson Engineering, Hunden Strategic Partners 16.D.21.a Packet Pg. 1252 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 17 City Gate Site Conclusions o Provides Collier County with flexible and contiguous space for development of sports complex and amenities plus ability to expand. o Site’s location, access and proximity to support amenities are ideal for tournament- quality complex. o Major challenge is expected cost to acquire site from its private owner. However, ownership group has provided option to allow County to acquire additional land throughout phased development. o HSP suggests that City Gate site be considered for development of recommended sports complex. 16.D.21.a Packet Pg. 1253 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 18 Collier County 305 Site Sports Complex Conceptual Plan 16.D.21.a Packet Pg. 1254 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 19 Collier County 305 Site Plan Assessment o Collier County 305 site plan features recommended sports complex plan. o As with City Gate site plan, Collier County 305 site plan has two access points and an ease of access throughout complex for vehicles and pedestrians. o Design and layout of sports facilities is ideal for a tournament-quality facility. By keeping like sports facilities adjacent to each other, plan keeps tournament traffic contained and centralized around relevant sports facilities. o Collier County 305 site plan is ideal and incorporates design requirements and expectations of nationally-relevant sport complex developments. 16.D.21.a Packet Pg. 1255 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 20 o The Collier County 305 parking plan features an allocation of nearly 110 parking spaces per field, and a total of nearly 1,900 spaces, more than necessary. o Design and layout of parking features adequate amount of parking spaces and vehicle access path surrounding entire complex. o Although a few fields and diamonds do not have immediate parking access adjacent, walkways allow for ease of access to fields. o At nearly 110 parking spaces per field and vehicle access surrounding the complex, this parking plan is most desirable for a tournament-quality complex. Collier County 305 - Parking Plan Assessment Collier County 305 Parking Summary Parking Ratio Units Required Parking Provided Parking 15 Fields / 1 Fieldhouse 50 spaces / Field 16 Fields 800 859 3,000 seat Championship Venue 1 Space / 3 Seats 3,000 Seats 1,000 1,000 Bus Parking ------8 Total ---1,800 1,867 Source: Davidson Engineering, Hunden Strategic Partners 16.D.21.a Packet Pg. 1256 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 21 Collier County 305 Site Conclusions o Site is owned by Collier County and is the largest of three potential sites (more than 300 acres). At this size, site provides more than adequate acreage for recommended sports complex, future expansion and the development of support amenities. o Access and proximity to County amenities, such has hotels and dining options, makes site very attractive to tournament organizers. o Site presents challenges in investment needed to improve site infrastructure and mitigation. o Overall, the site presents opportunities for the County to develop the recommended sports complex as well as additional developments. HSP suggests Collier County consider this site for the sports complex. 16.D.21.a Packet Pg. 1257 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 22 Indoor Facilities 16.D.21.a Packet Pg. 1258 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 23 •Average age: less than 4 years old •Average cost: $22 million •Average cost per court: $2.3 million Case Studies Indoor Youth Sports Facilities - Case Studies Facility Name Location Opened Ownership Operator Cost (millions)SF Basketball Volleyball No. of Parking Spots Fieldhouse USA Frisco, TX 2009 City of Frisco Private $18 144,000 12 24 581 UW Health Sports Factory Rockford, IL 2016 City of Rockford Public $24 108,000 7 14 451 Lakepoint Indoor Facility Emerson, GA 2016 Private Private $37 170,000 12 24 650 Jonathon Byrd's Fieldhouse Westfield, IN 2016 City of Westfield Public $9 88,000 8 16 300 Average 2014 ----$22 127,500 10 20 496 Source: HSP Development Cost Ranges for Indoor Sports Facilities* Basketball Courts Minimum Building Size for Courts Likely Building Size Cost Range Low Cost Range High Parking Suggested Site Size Suggested (Acres) 4 28,800 40,000 $10,000,000 $12,000,000 200 3 6 43,200 60,000 $15,000,000 $18,000,000 300 5 8 57,600 81,000 $20,250,000 $24,300,000 400 7 10 72,000 101,000 $25,250,000 $30,300,000 500 8 12 86,400 121,000 $30,250,000 $36,300,000 600 10 * Costs do not include site or parking Source: Hunden Strategic Partners 16.D.21.a Packet Pg. 1259 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 24 Indoor Facility Case Study Overview o Case studies show spectrum of facilities that are established, reaching stabilization and recently opened. o Management structure varies between facilities. o Indoor facilities with more than eight courts will attract national, regional and state tournaments throughout multiple indoor sports. o Facilities are booked 80 to 90 percent of the year and generate impact for the community from room nights and other spending. o Support amenities, such as hotels and dining options, will be developed in close proximity to facility, due to facilities’ success. 16.D.21.a Packet Pg. 1260 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 25 Indoor Facility Case Study Overview o Fieldhouse USA averages more than 31 tournaments and more than 25,000 participants per year. o UW Health Sports Factory had more than 60 tournaments and 80,000 visitors in its first year. o Lakepoint Indoor Facility averages two tournaments per month and has more than 175 event days booked for 2017, as well as daily usage by local groups. o Jonathon Byrd’s Fieldhouse had more than 30 events and more than 425,000 visitors in 2016. 16.D.21.a Packet Pg. 1261 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 26 Governance Structure 16.D.21.a Packet Pg. 1262 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 27 If you build it, will they come? o Not necessarily…. 16.D.21.a Packet Pg. 1263 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 28 Governance o Unlike most government operations, such as passive parks or general services, sports complexes (and any event facilities) operate within a competitive marketplace. o A successful complex requires o Nimble, experienced and aggressive management, o Funding for operations and to incentivize key bids/events , o Knowledge of various sports and how they operate, o Relationships with event promoters, leagues and sports organizations, o Ability to create repeating events o Ability to generate sponsorship and other revenue streams o Housing coordination o Others 16.D.21.a Packet Pg. 1264 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 29 Primary Models o Public Management (Parks and Rec, Government) o Private Management o Authority or Similar Management Model 16.D.21.a Packet Pg. 1265 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 30 Governance o Public Management o Often within government bureaucracy and constraints o Revenue and expense sides of ledger may not be related o Can limit ability to make quick or creative decisions o Incentives not in place to act like a business enterprise (customer service, desire for room night impact) o May resist maximizing schedule to minimize repairs, maintenance and overall work involved in being creative to generate impact o If within government, expectation should include stipulations similar to private management company (marketing, revenue generations, expense control, customer service) o Can be influenced by political and public sector personalities o If this option chosen, suggest it is created as an enterprise unit of government with own revenue, expense goals as well as impact and customer service expectations 16.D.21.a Packet Pg. 1266 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 31 Governance o Private Management o Competition drives quality/value proposition from bidders o Experienced management with diverse backgrounds and networks Relationships with national and regional event promoters o Some lack of control by municipal owner, but depends how contract is written o Focused on generating high utilization, revenue and minimizing expenses Focused on hotel impact, as that often generates revenue for facility and tournaments o Many groups claim to be experts. Check references and all claims about past performance and reputation. o Be smart about fees, incentives. 16.D.21.a Packet Pg. 1267 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 32 Governance o Authority Model o Can be best of both worlds o Independent board appointed by County and CVB (for example) o Keeps politics at arms length o Still an enterprise with guaranteed public funding support, but with business model to maximize utilization, impact o Authority will hire manager or management team or a third-party private management company o Ability to modify expectations and actions as market and reality demands o Local control + hired expert management team o May still have some government constraints, but not always a bad thing. Authority can weigh each on the merits. o HSP recommends this model. 16.D.21.a Packet Pg. 1268 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 33 QUESTIONS? 16.D.21.a Packet Pg. 1269 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 34 Fieldhouse USA–Frisco, TX Fieldhouse USA development has three locations: •Frisco, Texas •Grapevine, Texas •Mansfield, Texas 16.D.21.a Packet Pg. 1270 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 35 o Fieldhouse USA in Frisco features: o 144,000SF facility and includes 600 parking spaces o 13,000 hotel bookings and 62,000 room nights since 2009 o 1.5 million visitors annually o More than 31 tournaments and 25,000 participants per year Fieldhouse USA Frisco Overview Fieldhouse USA Key Data Points Location Frisco, Texas Ownership City of Frisco Operator Sports Village Holdings, LLC Year Opened 2009 Facilities 12 full-sized hardwood basketball / volleyball courts Regulation indoor soccer turf 5 pitching / batting cages Cost $17.5 million Funding Private / Public Source: Fieldhouse USA, CASE Commercial Real Estate Partners, City of Frisco, HSP 16.D.21.a Packet Pg. 1271 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 36 •Owned by City of Rockford •Opened in May of 2016 •Cost: $24.4 million •Operated by the Rockford Parks District •Includes 7 basketball courts and 14 volleyball courts UW Health Sports Factory 16.D.21.a Packet Pg. 1272 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Lake Point Sports Community –Outdoor Lake Point Sports Community –Indoor Overview: •12 Basketball Courts •24 Volleyball Courts Tournaments / Events include: •Under Armor Boy’s Basketball Tournament •Preseason Harlem Globetrotters •Lake Point Tip-Off Classic 37 Overview: •8 Baseball Diamonds •3 Multi-Purpose Fields Tournaments / Events include: •Perfect Game –Baseball •Johnson Ferry Christian Soccer •WWBA Memorial Day Tournament Location: Emerson, Georgia (73 miles from Newnan) 1,400 acre campus –full build-out by 2018 –4,500 hotel rooms 16.D.21.a Packet Pg. 1273 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 38 o Tournament first facility –state funded infrastructure –privately owned land o $37 million indoor facility –own fiber network for broadcasting –netting comes down from ceiling –170,000 SF, column free space o Need for 7,000 hotel rooms at peak –June & July o Corporate sponsors –Coca-Cola, Kia, Local Health Facility o Hydro Chill –cools multi-purpose fields –FieldTurf o Philips Lighting –world class LED field lighting –outdoor facilities o Activate dead space –retail stores –shipping containers –collect rent and share of revenue o Perfect Game programs baseball complex o Prefer to host events internally –few external event organizers Lake Point Sports Community -Feedback 16.D.21.a Packet Pg. 1274 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 39 Grand Park -Westfield, IN •Opened in 2014 16.D.21.a Packet Pg. 1275 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 40 Westfield Grand Park Location: Westfield, IN Opened: 2014 Size: 400 acres Facility Overview: -31 soccer fields -26 Baseball Diamonds -Indy Eleven Training HQ -Jonathan Byrd’s Fieldhouse -Eight court facility -Events Center ( July 2016) -370,00 square feet -Three full-size soccer fields Sports hosted: Soccer, Lacrosse, Football, Baseball, Rugby, Basketball, Volleyball 16.D.21.a Packet Pg. 1276 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Westfield Grand Park Overview 41 o Primary Tenants: o Soccer: Indiana Soccer Association & IN Fire Juniors o Baseball: Indiana Bulls o Houses the Indy Eleven training headquarters o Brings in more than 1.5 million visitors annually o Long-term goal is to make Grand Park a development hub fostering retail, hotel and entertainment growth all geared towards enhancing family sports atmosphere o Event center and hotels are under construction o Urick Concessions –official concessionaire o Westfield is reviewing the rental value of its fields and diamonds to determine rental strategy going forward 16.D.21.a Packet Pg. 1277 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Westfield Grand Park Event Overview 42 o Host 70-80 events per year between all sports o Attendance: o 900,000 in park’s first year o 1.5 million in 2015 o 2 million+ projected in 2016 o Soccer and baseball are primary uses o Local use primarily fills indoor facility on weekdays 16.D.21.a Packet Pg. 1278 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Westfield Grand Park Development Analysis 43 o New highway and 24-hour care center were developed simultaneously with the complex o Hospitality development is critical o Three new hotels in the area o Outperforming other regions o Noticeable effects from youth sports such as extended waits in restaurants o Grand Park Village is in the development and design stage. Will be an adjacent 220- acre development designed for lakeside dining, retail and entertainment all along a pedestrian-friendly boardwalk. o Jonathon Byrd’s has pulled its sponsorship/partnership with the fieldhouse at Grand Park. 16.D.21.a Packet Pg. 1279 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 44 Grand Park Event Data •61,970 hotel rooms in Hamilton County generated from Grand Park events in 2015 •No local use, only tournament use Grand Park Event Visitor Data - 2014 - 2016 Soccer and Field Sports Baseball and Softball Grand Opening Yearly Total Overnight Visits 2014 161,982 100,360 --262,342 2015 247,952 402,735 --650,687 2016*272,747 426,235 698,982 Day Trip Visits** 2014 139,037 108,610 --247,647 2015 163,823 183,480 --347,303 2016*180,205 191,323 --371,528 Local Visits 2014 209,863 177,444 9,500 396,807 2015 225,619 158,026 --383,645 2016*248,181 190,067 --438,248 Total Visits 2014 510,882 386,414 9,500 906,796 2015 642,041 744,241 --1,386,282 2016*706,245 807,625 --1,513,870 2015 % Non-Local 64%79%---- *Estimate **Visitors from outside of Hamilton County Source: City of Westfield, Hunden Strategic Partners 16.D.21.a Packet Pg. 1280 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Westfield Grand Park Hotel Feedback 45 o The closest hotel attributes 90 percent of weekend guests to Grand Park o Third party housing agency works to connect Grand Park with hotels o Three new hotels under construction will support Grand Park o Majority of current room night demand is served by properties in Carmel, approximately five miles south. 16.D.21.a Packet Pg. 1281 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Westfield Grand Park Parking Overview 46 o Nine parking lots with roughly 4,500 paved spaces o Utilize nearby unpaved space for overflow o Could use more paved parking for some events 16.D.21.a Packet Pg. 1282 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) MEMORANDUM TO: Nick Casalanguida Collier County, Deputy Manager FROM: Kellie Fissinger, E.I. DATE: August 14, 2017 RE: City Gate Sports Complex Collier County Contract No. 13-6164 ABB PN: 17-0047 This memorandum provides a summary of the Collier County 305 & City Gate Blended development scenario (Exhibit 1) provided in Appendix A. It should be noted that the information provided within this memorandum is preliminary, therefore, all assumptions were based on the “worst case scenario” approach. That is, the analysis is generously conservative, modifications regarding site configuration can be accommodated and estimated costs can be revised through trade-off adjustments. This development scenario was created on the following initial sports complex criteria: 1. SPORTS COMPLEX CRITERIA • (1) Championship Venue • (8) Multipurpose Practice Fields • (8) Baseball Fields • Field House- to accommodate volleyball, basketball, sports medicine, offices, etc. • Pedestrian Path (5k) • Locker Rooms • Restrooms • Concession Stands • Shaded Seating/Dry Area • Increased Parking Spaces 1 16.D.21.a Packet Pg. 1283 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 2. EXISTING SITE CONDITIONS 2.1. COLLIER COUNTY 305 PARCEL This Collier County owned property is located just east of the intersection of I-75 and Collier Blvd. on the northeast corner. The parcel is adjacent to the Collier County Landfill on the east, the City Gate property to the west, the Collier County Resource Recovery Business Park to the north, and shares a front with I-75 to the south. Currently, the parcel is designated as land use zone A and consists of 289 acres of undeveloped land. A 16-acre portion was previously sectioned off from the original 305-acre parcel, leaving behind the current acreage. Factors that prove to be a challenge for the development of this site include mitigation costs, infrastructure to the site, project timeline, and proximity to the County landfill. 2.2. CITY GATE PARCEL This privately-owned property is located just east of the intersection of I-75 and Collier Blvd. on the northeast corner, and adjacent to the Collier County 305 property. The parcel is zoned PUD and considered “shovel ready” as it is currently permitted conceptually through the SFWMD. Acquisition costs of the land could prove to be a significant challenge for this site’s development feasibility. 2.3. SUBSURFACE CONDITIONS GFA International conducted a subsurface geotechnical investigation on the City Gate Commerce site on April 5th, 2011, findings were concluded in the “City Gate – Phase 3” report dated April 12th, 2011. Soil conditions for the development area were based off the eastern most soil boring, B-10 (refer to Appendix B). Soil boring B-10 incurred limestone at a depth of approximately 2.5 ft below grade. Fill calculations for both parcels accounted for the limestone findings. 3. PROPOSED DEVELOPMENT SCENARIO The proposed development scenario assumes that the City Gate portion of the development would be constructed first due to needed approval of entitlements, and to provide site access and infrastructure to the CC305 site. The initial City Gate development phase would require 3.8 ac of offsite lake area to maintain water quality and water quantity of the 44 acres along the City Gate Blvd. North extension including the temporary parking area. This 3.8 ac of offsite lake area is not included in the development scenario’s lake area and would need to be accounted for elsewhere. If the 5.54 ac temporary parking area is to be relocated outside of the 44-ac parcel, an additional 0.3 ac of lake would be required to provide water management and water quality for the parking area (or an equivalent additional 0.90 acres of dry detention area). 2 16.D.21.a Packet Pg. 1284 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Tables 1- 4 below provide a summary for the blended development scenario. Table 4 was developed from Davidson Engineering’s Preliminary Estimated Construction Costs for the blended development scenario provided in Appendix C. 3 16.D.21.a Packet Pg. 1285 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) City Gate Portion CC305 Portion Total Blended Scenario Field House Area (ac)2.85 -2.85 Championship Venue Area (ac)3.17 -3.17 Recreation/Support Building Area (ac)1.10 0.69 1.79 Pedestrian Path Area (ac)5.03 4.57 9.6 Asphalt/Grass Parking (ac)11.27 8.70 19.97 Landscape Buffer Area (ac)1.69 1.88 3.57 Open Space (ac)13.13 12.41 25.54 Water Management Area (ac)5.72 7.92 13.64 Number of Multipurpose Practice Fields 8 -8 Total Practice Field Area (ac)16.4 -16.4 Number of Baseball Fields -8 8 Total Baseball Field Area (ac)-21.29 21.29 Total Site Development Area (ac)60.36 57.46 117.82 Number of Parking Spaces Provided 820 1140 1960 Is Temporary Parking Provided? YES -YES Number of Temporary Parking Spaces Provided 620 -620 Description CC305 & City Gate Blended Scenario Proposed Site Summary 4 Table 1. 16.D.21.a Packet Pg. 1286 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) City Gate Portion CC305 Portion Total Blended Scenario Is the Wilson Benfield Extension's Cost to Construct Paid for by Others?-YES YES Is the City Gate Blvd. South's Cost to Construct Paid for by Others?YES -YES Is the City Gate Blvd. North's Cost to Construct Paid for by Others?YES -YES Is Phased Construction Required?YES YES YES How so? Is Wetland Mitigation Required?YES YES YES Assumed Wetland Mitigation Credits Required 1.5*63 64.5 Is Panther Mitigation Required?NO YES YES Assumed Panther Mitigation Credits Required -5,400**5400 * Pending further PUD Review ** This may be reduced during permitting The City Gate portion would be constructed first due to financing restrictions and to provide utility and site access to the CC305 site. Site Implementation Summary Description CC305 & City Gate Blended Scenario 5 Table 2. 16.D.21.a Packet Pg. 1287 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) City Gate Portion CC305 Portion*Total Blended Scenario Site Control Elevation (ft - NGVD)8.5 8.5 8.5 25 yr - 72 hr Storm Event (in)11.5 11.5 11.5 100 yr - 72 hr Storm Event (in)14.5 14.5 14.5 25 yr - 72 hr Storm Stage (ft - NGVD)12.38 12.38 12.38 100 yr - 72 hr Storm Stage (ft - NGVD)13.25 13.25 13.25 Minimum Road Crown Elevation (ft - NGVD)12.6 12.6 12.6 Minimum Finished Floor Elevation (ft - NGVD)13.5 13.5 13.5 Minimum Parking Lot Elevation (ft - NGVD)12.5 12.5 12.5 Perimeter Berm Elevation (ft - NGVD)13.5 13.5 13.5 Assumed Allowable Discharge Rate (cfs/ac)0.15 0.15 0.15 Assumed Allowable Impervious Area (%)CN = 80 CN = 80 CN = 80 Onsite Detention Provided (ac)6.51 1.07 7.58 Onsite Retention Lakes Provided (ac)-6.88 6.88 Is Water Quality Completely Maintained Onsite? YES YES YES Required Offsite Lake Area for Temporary Parking (ac)** 3.8 -3.8 Water Management/Water Quality Summary Description CC305 & City Gate Blended Scenario * Needs to be Stand Alone ERP ** If 44 ac Site Along City Gate Blvd. North Includes the Temporary Parking Area YES Once the CC305 portion is completed; YES Where is Temporary Parking Area Water Management Maintained?OFFSITE -Final Location to be Determined Is Water Management Completely Maintained Onsite? NO 6 Table 3. 16.D.21.a Packet Pg. 1288 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) City Gate Portion CC305 Portion Total Blended Scenario Earthwork ($)3,200,000$ 2,500,000$ 5,700,000$ Earthwork Allowance ($)320,000$ 250,000$ 570,000$ Pavement/Concrete ($)3,400,000$ 2,100,000$ 5,500,000$ Pavement/Concrete Allowance ($)340,000$ 210,000$ 550,000$ Landscaping/Irrigation/Lighting ($)5,700,000$ 5,000,000$ 10,700,000$ Landscaping/Irrigation/Lighting Allowance ($)570,000$ 500,000$ 1,070,000$ Water Utilities ($)710,000$ 380,000$ 1,090,000$ Water Utilities Allowance ($)71,000$ 38,000$ 109,000$ Sanitary Utilities ($)1,200,000$ 350,000$ 1,550,000$ Sanitary Utilities Allowance ($)120,000$ 35,000$ 155,000$ Conduit Utilities ($)120,000$ 120,000$ 240,000$ Conduit Utilities Allowance ($)12,000$ 12,000$ 24,000$ Drainage Utilities ($)1,400,000$ 1,100,000$ 2,500,000$ Drainage Utilities Allowance ($)140,000$ 110,000$ 250,000$ Artificial Turf Field ($)6,800,000$ 6,000,000$ 12,800,000$ Artificial Turf Field Allowance($)680,000$ 600,000$ 1,280,000$ Vertical Construction ($)26,000,000$ 6,100,000$ 32,100,000$ Vertical Construction Allowance ($)2,600,000$ 610,000$ 3,210,000$ Temporary Parking Lot ($)480,000$ -$ 480,000$ Temporary Parking Lot Allowance($)48,000$ -$ 48,000$ Wetland Mitigation ($)120,000$ 5,100,000$ 5,220,000$ Panther Mitigation ($)-$ 4,100,000$ 4,100,000$ Totals ($)89,246,000$ * Subject to Field House Final Design ** Pending Further PUD Review *** This May be Reduced During Permitting Preliminary Conceptual Construction Cost Summary Description CC305 & City Gate Blended Scenario 7 Table 4. 16.D.21.a Packet Pg. 1289 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 3.1. DEVELOPMENT SCENARIO ASSUMPTIONS GENERAL ASSUMPTIONS • Preliminary Conceptual Construction Cost excludes land purchase • Fill calculations assume a control elevation of 8.50 ft (NGVD) • Fill calculations are assumed to incur limestone at 8.50 ft (NGVD) • All recreational support buildings are based off an assumed $200/square foot • The championship venue is estimated at a $1,000,000 construction cost o This figure includes a scoreboard, press box, and 3,000 - 4,000 seats o Parking spaces for the venue are provided at one parking space for every three seats (per the Land Development Code) • The field house is estimated at a $15,000,000* construction cost o *This estimate is subject to the final design of the field house • Site lighting costs were based on vertical cost estimates from Manhattan Construction Co. • All wetlands were assumed to be quality wetlands containing no exotics • The artificial turf field estimated costs include the field sub drainage system 3.1.1. COLLIER COUNTY 305 SITE ASSUMPTIONS The Environmental Resource Permit for the CC305 site shall be a stand-alone permit. Wetland Mitigation/Panther Mitigation This parcel possesses a 25% preserve requirement that equates to approximately 75 acres (305 ac – 75 ac = 230 ac). Of the remaining 230 acres of mitigated land, 105 acres was assumed to require wetland mitigation on the property. The 105 acres is equivalent to 63 credits of required wetland mitigation and is a worst-case scenario assumption for the parcel. Therefore, until a full environmental review is conducted, an accurate depiction of land requiring mitigation is unknown. In addition, 5400 credits of panther mitigation are presumed for the CC305 parcel, this figure may be reduced during the permitting phase. Earthwork Calculations Fill calculations completed for the CC305 site accounted for the fill produced from onsite excavation. 8 16.D.21.a Packet Pg. 1290 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Wilson Benfield Extension The Wilson Benfield Extension on the CC305 parcel is not currently permitted. The estimated cost to construct the extension is $9,000,000, however, this figure is not included in the preliminary OPC for the sports facility. This road is not necessary for the sports complex’s function; therefore, the extension is to be funded by the department requiring its construction. 3.1.2. CITY GATE SITE ASSUMPTIONS Wetland Mitigation/Panther Mitigation The City Gate parcel is assumed to require 1.5 credits of wetland mitigation, however, final wetland mitigation credits required will be determined pending further PUD review. Panther mitigation of the site was previously accounted for. Temporary Parking The 5.54 ac temporary grass parking area estimate includes the following assumptions: • Existing Grade: 11.00 ft NGVD • Proposed Grade: 12.60 ft NGVD • Grass parking does not meet Land Development Code requirements. It is assumed that the parking area will be permitted and constructed similarly to “fair parking” • 100% Grass Parking on Stabilized Sub-grade o Sod/Hydro Seed o 12” Stabilized Sub-grade • Estimate includes water management infrastructure • Estimate includes drive aisles & conveyance storm piping • Estimate includes lighting and landscaping buffer requirements City Gate Blvd. South Extension The cost to construct City Gate Blvd. South Extension is $980,000, however, this estimate is not included in the construction cost estimate as it is to be paid for by others. City Gate Blvd. North Extension The City Gate Blvd. North Extension is already permitted and currently under bid. The extension is expected to be an existing structure when the sports complex enters the procurement process. This cost is not included in the construction cost estimate as it will be paid for by others. 9 16.D.21.a Packet Pg. 1291 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 4. BLENDED SCENARIO CONCLUSIONS The total preliminary construction cost for the CC 305 & City Gate Blended development scenario is estimated at $89,246,000. However, as the project progresses through to the design phase, more concrete site information will clarify the preliminary construction cost summary presented within this memorandum. Since this development scenario is both preliminary and generously conservative, trade- off adjustments can be made to reduce costs. One area that can accommodate a trade-off adjustment to reduce the overall project cost would be earthwork construction costs onsite. According to Davidson Engineering’s Preliminary Estimated Construction Costs for earthwork, approximately 147,098 cubic yards of fill is required for the implementation of the City Gate portion and 31,616 cubic yards of fill is required for the CC305 portion of the blended scenario. To reduce the earthwork costs for the fill required, the permitted City Gate lake could be excavated to a greater depth to produce fill onsite. The market cost for fill material (including placing and compacting) is $14.25 per cubic yard (per Davidson Engineering’s Preliminary Estimated Construction Cost Summary). The cost to excavate, place, and compact fill material is approximately $5.00 per cubic yard. The City Gate parcel’s onsite lake would need to produce 12 feet of useful fill below the permitted depth to satisfy the fill required for the City Gate site and an additional 2.6 feet of useful fill for the CC305 site. To provide a mutually beneficial transaction for both parties, Collier County could purchase the excavated lake fill from City Gate at a reduced price of $5.00 per cubic yard. Excavating, placing, and compacting the fill would cost Collier County an additional $5.00 per cubic yard, leaving a total cost of $10.00 per cubic yard of fill. This would reduce the estimated earthwork fill costs by $950,238 for both parcels. This cost reduction would result in the total preliminary construction cost for the CC 305 & City Gate Blended development scenario to be $88,295,763. 10 16.D.21.a Packet Pg. 1292 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) APPENDIX A Development Scenario Exhibit 16.D.21.a Packet Pg. 1293 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) NCITY GATE BVLD NORTHBRENNAN DRIVECITY GATE BLVD SOUTHCITY GATEDRIVELAKE3000SEAT STADIUMFIELDHOUSELAKEPHASE ONESPORTS COMPLEX CONSTRUCTIONPHASE TWO SPORTS COMPLEX CONSTRUCTION CITY GATE COMMERCE CENTER COLLIER COUNTY PROPERTY 305TEMPORARY PARKING 30516.D.21.aPacket Pg. 1294Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) APPENDIX B Soil Boring Exhibit & Record of Test Boring B-10 16.D.21.a Packet Pg. 1295 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) C R 9 5 1 - C O L L I E R B O U L E V A R DW H I T E L A K E B O U L E V A R DC I T Y G A T E D R I V EC I T Y G A T E B O U L E V AR D N O R T HF P & L EASEMENT (170' WIDE)B R E N N A N D R I V EC I T Y G A T E B O U L E V A R D S O U T HC I T Y G A T E B O U L E V A R D N O R T HPROPOSED10.26 AC. LAKEB-1B-2B-3B-4B-5B-6B-7B-8B-9B-10B-11B-12FUTURE PROP.DEVELOPMENTN4365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 F: 239.434.6084 Company Cert. of Authorization No. 00009496 CITY GATE PHASE THREE SPORTS CENTER 1DESIGNED BY: DRAWN BY: CHECKED BY: PROJECT NO.: F.E.H. F.E.H. J.M.F. xx-xxxxSHEET NO:OFSHEET TITLE: PROJECT: DATE:REV.DESCRIPTION REVISIONSCLIENT:PRELIMINARY - NOT FOR CONSTRUCTION850 NWN, LLC & GG II, LLC 159 SOUTH MAIN STREET. SUITE 500 AKRON, OHIO 44309 (330) 998-0225LAKE EXCAVATION AND SOIL BORING EXHIBITTYPICAL LAKE CROSS SECTION11TYPICAL LITTORAL LAKECROSS SECTIONLITTORAL AREA CALCULATIONS16.D.21.aPacket Pg. 1296Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 16.D.21.aPacket Pg. 1297Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) APPENDIX C Collier County 305 & City Gate Blended Development Scenario Preliminary Opinion of Probable Construction Costs 16.D.21.a Packet Pg. 1298 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 4365 Radio Road, Suite 201 Naples, FL 34104 PH: 239.434.6060 Fax: 239.439.6084 6/ 5/ 2017 Prepared By: / Date Prepared: / Description Earthwork =3,192,668.25$ 10% Allowance for Unforeseen Items Earthwork =319,266.83$ Pavement / Concrete =3,368,731.28$ 10% Allowance for Unforeseen Items Pavement/Concrete =336,873.13$ Landscaping, Irrigation, and Lighting =5,635,000.00$ 10% Allowance for Unforeseen Items Landscaping =563,500.00$ Water Utilities =705,807.07$ 10% Allowance for Unforeseen Items Water Utilities =70,580.71$ Sanitary Utilities =1,101,638.40$ 10% Allowance for Unforeseen Items Sanitary Utilities =110,163.84$ Conduit Utilities =118,400.00$ 10% Allowance for Unforeseen items Drainage Utilities =11,840.00$ Drainage Utilities =1,377,504.70$ 10% Allowance for Unforeseen items Drainage Utilities =137,750.47$ Temporary Grassed Parking Lot =473,907.59$ 10% Allowance for Unforeseen items Temp. Prkg. Cnstr.=47,390.76$ City Gate Boulevard South Extension =979,050.00$ 10% Allowance for Unforeseen items CGBS Ext.=97,905.00$ Field Construction =6,750,000.00$ 10% Allowance for Unforeseen items Field Construction =675,000.00$ Estimated Vertical Construction Costs =25,583,200.00$ 10% Allowance for Unforeseen items Vertical Construction =2,558,320.00$ Total of Construction Costs =49,285,907.29$ 10% Allowance for Unforeseen Items =4,928,590.73$ Environmental Mitigation Costs =120,000.00$ Total Costs Excluding Land Purchase =54,334,498.02$ This cost estimate has been prepared based on conceptual plans and current construction market values. 305 BLENDED (60 AC CG) Davidson Engineering, Inc. SUMMARY OF CONSTRUCTION COSTS JAW 6/5/2017 16.D.21.a Packet Pg. 1299 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Prepared By: / Date Prepared: / Recreational Support Buildings ($200/SF) @ 1.10 AC.=9,583,200.00$ Championship Venue (Bleachers/Scoreboard/Press Box)=1,000,000.00$ Fieldhouse =15,000,000.00$ Total Verticial Construction Costs =25,583,200.00$ CGBS Extension ($642/LF) @ 1,525 LF =979,050.00$ Total Field Costs =979,050.00$ Turfed Fields ($750,000/Field) @ 9 Fields =6,750,000.00$ Total Field Costs =6,750,000.00$ Grassed Parking Lot (5 AC.) w/Req'd. Water Mgmt.=473,907.59$ Total Temporary Parking Lot Costs =473,907.59$ Wetland Mitigation (1.5 CREDITS @ $80,000)=120,000.00$ Panther Mitgation (Previously paid by City Gate)=-$ Total Mitigation Costs =120,000.00$ Environmental Impact Costs Field Turf Costs Temporary Grassed Parking Lot Construction Cost Only City Gate Boulevard South Extension Building Construction 305 BLENDED (60 AC CG) SUMMARY OF VERTICAL CONSTRUCTION and MITIGATION COSTS Davidson Engineering, Inc. JAW Monday, June 05, 2017 16.D.21.a Packet Pg. 1300 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Prepared By: Earthwork Description Quantity Unit Cost Mobilization 1 LS $25,000.00 =25,000.00$ Traffic Maintenance 1 LS $5,000.00 =5,000.00$ Silt Fence (Includes Maintenance)7,550 LF $1.40 =10,570.00$ Clearing and Grubbing 60 AC $2,725.00 =164,453.75$ Temporary Construction Ent. / Exit 670 SY $12.00 =8,040.00$ Imported Fill (Structures)15,891 CY $14.25 =226,446.75$ Imported Fill (Roadway/Parking)10,909 CY $14.25 =155,453.25$ Imported Fill (Pedestrian Pathways)16,295 CY $14.25 =232,203.75$ Imported Fill (Multi Use Fields)52,917 CY $14.25 =754,067.25$ Imported Fill (Championship Venue)15,246 CY $14.25 =217,255.50$ Imported Fill (Open Space)35,840 CY $14.25 =510,720.00$ Hydroseed (Cleared Area)SY $0.36 =-$ Sod (Open Space)71,680 SY $2.85 =204,288.00$ Site Grading (Rough and Final)292,110 SY $2.30 =671,853.00$ Excavation Debris Removal 4,878.00 CY $1.50 =7,317.00$ =3,192,668.25$ 305 BLENDED (60 AC CG) Davidson Engineering, Inc. /JAW SUMMARY OF CONSTRUCTION COSTS - EARTHWORK Total of Construction Costs - Earthwork 16.D.21.a Packet Pg. 1301 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Prepared By: Pavement Description Quantity Unit Cost Asphalt - 1" Type S-I 54,547 SY $4.50 =245,461.50$ Asphalt - 2" Type S-III (2- lifts)54,547 SY $8.00 =436,376.00$ 8" Limerock Base 57,274 SY $11.27 =645,477.98$ 12" Stabilized Subgrade 60,138 SY $4.96 =298,284.48$ Type D Curb - Forming and Concrete 8,772 LF $13.49 =118,334.28$ Type F Curb - Forming and Concrete 13,942 LF $14.55 =202,856.10$ 3' Valley Gutter Curb 1,161 LF $17.20 =19,969.20$ 6" Thick Concrete Sidewalk 219,978 SF $5.83 =1,282,471.74$ Concrete Wheelstops 820 EA $60.00 =49,200.00$ Thermoplastic Signage & Striping 1 LS $35,000.00 =35,000.00$ Additional Fees: ADA Mats 13 EA $250.00 =3,250.00$ Heavy Duty Concrete (3,500 PSI)SF $2.75 =-$ Bike Rack 5 LS $1,410.00 =7,050.00$ Materials and Density Testing 1 LS $25,000.00 =25,000.00$ =3,368,731.28$ Total of Construction Costs - Pavement 305 BLENDED (60 AC CG) JAWDavidson Engineering, Inc. / SUMMARY OF CONSTRUCTION COSTS - PAVEMENT 16.D.21.a Packet Pg. 1302 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Landscaping Estimate Prepared By: /0 Site Lighting Estimate Prepared By: /0 Landscaping Description Quantity Unit Cost Landscaping/Irrigation 1 LS $2,850,000.00 =2,850,000.00$ Irrigation System LS $0.00 =-$ Site Lighting*1 LS $2,760,000.00 =2,760,000.00$ Additional Fees: Irrigation Well 1 LS $25,000.00 =25,000.00$ Security Gates/Fencing LS $0.00 =-$ =5,635,000.00$ *Based on Vertical Cost Estimates from Manhattan Total of Construction Costs - Landscaping & Lighting 0 305 BLENDED (60 AC CG) 0 SUMMARY OF CONSTRUCTION COSTS - LANDSCAPING / LIGHTING 16.D.21.a Packet Pg. 1303 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Prepared By: Description C900 CL150 DR 18 & CL200 DR-14 PVC Quantity Unit Cost 8" Water / Fire Main 2,558 LF $33.00 =84,414.00$ 10" Water / Fire Main 1,550 LF $50.00 77,500.00$ 12" Water / Fire Main 2,715 LF $65.00 =176,475.00$ AWWA Class 160, SDR 26, PVC: 2" Supply 4,000 LF $7.00 =28,000.00$ 3" Supply 252 LF $14.20 =3,578.40$ Fittings: Lump Sum for Proposed Site 1 LS $36,996.74 =36,996.74$ Valves: Lump Sum for Proposed Site 1 LS $55,495.11 =55,495.11$ Meters / Devices: 6" N-Style BF Device\Detector Check 3 EA $7,500.00 22,500.00$ Fire Hydrant Assembly w/ Valve 20 EA $4,400.00 =88,000.00$ Fire Department Connection 3 EA $1,889.44 =5,668.32$ 6" PIV 3 EA $3,200.00 =9,600.00$ Permanent Bacterial Sample Pt.2 EA $1,250.00 =2,500.00$ Rock Trenching1 6,823 LF $16.50 =112,579.50$ Additional Fees: 1" Meter Service to Lift Station 1 LS $2,500.00 =2,500.00$ =705,807.07$ *This EOPCC is intended to provide estimates for permit fee generation only. Total of Construction Costs - Water Utilities 305 BLENDED (60 AC CG) Davidson Engineering, Inc. /JAW SUMMARY OF CONSTRUCTION COSTS - WATER UTILITIES 16.D.21.a Packet Pg. 1304 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Prepared By: Description Force Main: Quantity Unit Cost 6" Force Main (On-Site)335 LF 15.00$ =5,025.00$ 6" Force Main (Off-Site)1,540 LF 15.00$ =23,100.00$ Gravity Pipe (8'' PVC SDR26) - depth: 0'-6'373 LF 23.55$ =8,784.15$ 6'-8'1,896 LF 32.00$ =60,672.00$ 8'-10'1,117 LF 41.00$ =45,797.00$ 10'-12'867 LF 54.00$ =46,818.00$ Fittings: Lump Sum for On-Site 1 LS 502.50$ =502.50$ Valves: Lump Sum for On-Site 1 LS 753.75$ =753.75$ Fittings: Lump Sum for Off-Site 1 LS 1,155.00$ =1,155.00$ Valves: Lump Sum for Off-Site 1 LS 2,310.00$ =2,310.00$ Manholes: 0 to 6' Deep 2 EA 4,240.00$ =8,480.00$ > 6' Deep, but <= 8' Deep 5 EA 1,020.00$ =5,100.00$ > 8' Deep 7 EA 7,010.00$ =49,070.00$ Misc. Fees: 6" Laterals (PVC SDR26)1,363 LF 16.50$ =22,489.50$ 6" Cleanout Pipe 24 EA 570.00$ =13,680.00$ Lift Station - 8' County Lift Station 1 EA 95,000.00$ 95,000.00$ Lift Station, Telemetry, Odor Control 1 EA 400,000.00$ =400,000.00$ Lift Station Generator 1 EA 175,000.00$ =175,000.00$ Additional Fees: Grease Trap (1,250 Gal.)EA 3,500.00$ =-$ Additional Fees: Rock Trenching (On-Site)5,951 LF $16.50 =98,191.50$ Rock Trenching (Off-Site)1,540 LF $16.50 =25,410.00$ TV Sewer & Review 1 LS $14,300.00 =14,300.00$ =1,101,638.40$ Total of Construction Costs - Sanitary Utilities 305 BLENDED (60 AC CG) Davidson Engineering, Inc. /JAW SUMMARY OF CONSTRUCTION COSTS - SANITARY UTILITIES 16.D.21.a Packet Pg. 1305 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Prepared By: Description Quantity Unit Cost 6-inch Conduit 2,750 LF 12.00$ =33,000.00$ 2-inch Conduit 2,750 LF 7.00$ =19,250.00$ 2-inch Conduit 2,750 LF 7.00$ =19,250.00$ 2-inch Conduit 2,750 LF 7.00$ =19,250.00$ 2-inch Conduit 2,750 LF 7.00$ =19,250.00$ 2-inch Conduit 1,200 LF 7.00$ =8,400.00$ =118,400.00$ *Based on an Estimated 3-4 months of Pro-Rated Payments Century Link: Total of Construction Costs - Conduit Utilities FPL Conduit: County Fiber: Comcast: Irrigation: 305 BLENDED (60 AC CG) SUMMARY OF CONSTRUCTION COSTS - CONDUIT UTILITIES Davidson Engineering, Inc. /JAW 16.D.21.a Packet Pg. 1306 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Prepared By: Description Circular-RCP:Quantity Unit Cost 18" Reinforced Concrete Pipe 1,308 LF $38.35 =50,161.80$ 24" Reinforced Concrete Pipe 3,400 LF $56.57 =192,338.00$ 36" Reinforced Concrete Pipe 525 LF $95.50 =50,137.50$ 12" HDPE 2,030 LF $13.00 =26,390.00$ 15" HDPE 4,463 LF $19.00 =84,797.00$ 18" HDPE 1,623 LF $25.00 =40,575.00$ 36" FES 3 EA $2,200.00 =6,600.00$ 18" Concrete MES 11 EA $950.00 =10,450.00$ 24" Concrete MES 26 EA $1,000.00 =26,000.00$ Type X Box 73 EA $1,283.32 =93,682.36$ FDOT Type D 12 EA $2,110.00 =25,320.00$ Type D or F Curb Inlet 42 EA $2,995.72 =125,820.24$ Control Structure 3 EA $4,000.00 =12,000.00$ RIP RAP w/ Filter Fabric 200 TON $125.00 =25,000.00$ Structure Cut Out 130 EA $350.00 =45,500.00$ Rock Trenching 13,347 LF $16.50 =220,225.50$ Imported Fill (Swale & Detention Pond)18,489 CY $14.25 =263,468.25$ Sod (Swale & Detention Pond) 27,733 SY $2.85 =79,039.05$ =1,377,504.70$ 305 BLENDED (60 AC CG) Davidson Engineering, Inc. /JAW SUMMARY OF CONSTRUCTION COSTS - DRAINAGE UTILITIES Drainage Structures: Mitered End Sections: Flared End Sections: Dual-Wall ADS (HDPE) Total of Construction Costs - Drainage Utilities Additional Fees: Materials: 16.D.21.a Packet Pg. 1307 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) 4365 Radio Road, Suite 201 Naples, FL 34104 PH: 239.434.6060 Fax: 239.439.6084 6/ 2/ 2017 Prepared By: / Date Prepared: / Description Earthwork =2,427,935.40$ 10% Allowance for Unforeseen Items Earthwork =242,793.54$ Pavement / Concrete =2,031,463.37$ 10% Allowance for Unforeseen Items Pavement/Concrete =203,146.34$ Landscaping, Irrigation, and Lighting =4,992,500.00$ 10% Allowance for Unforeseen Items Landscaping =499,250.00$ Water Utilities =375,951.25$ 10% Allowance for Unforeseen Items Water Utilities =37,595.13$ Sanitary Utilities =349,854.80$ 10% Allowance for Unforeseen Items Sanitary Utilities =34,985.48$ Conduit Utilities =113,100.00$ 10% Allowance for Unforeseen items Drainage Utilities =11,310.00$ Drainage Utilities =1,073,477.33$ 10% Allowance for Unforeseen items Drainage Utilities =107,347.73$ Field Construction =6,000,000.00$ 10% Allowance for Unforeseen items Field Construction =600,000.00$ Estimated Vertical Construction Costs =6,011,280.00$ 10% Allowance for Unforeseen items Vertical Construction =601,128.00$ Total of Construction Costs =23,375,562.15$ 10% Allowance for Unforeseen Items =2,337,556.22$ Environmental Mitigation Costs =9,090,000.00$ Total Costs Excluding Land Purchase =34,803,118.37$ This cost estimate has been prepared based on conceptual plans and current construction market values. JAW 6/2/2017 305 BLENDED (56 AC 305) Davidson Engineering, Inc. SUMMARY OF CONSTRUCTION COSTS 16.D.21.a Packet Pg. 1308 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Prepared By: / Date Prepared: / Recreational Support Buildings ($200/SF) @ 0.69 AC.=6,011,280.00$ Total Verticial Construction Costs =6,011,280.00$ Turfed Fields ($750,000/Field) @ 8 Fields =6,000,000.00$ Total Field Costs =6,000,000.00$ Wetland Mitigation (63 CREDITS @ $80,000)=5,040,000.00$ Panther Mitgation (5400 CREDITS @ $750)=4,050,000.00$ Total Mitigation Costs =9,090,000.00$ *Estimated based on a worse case scenario - assuming quality wetland and zero exotics. Building Construction Friday, June 02, 2017 Field Turf Costs 305 BLENDED (56 AC 305) SUMMARY OF VERTICAL CONSTRUCTION and MITIGATION COSTS Davidson Engineering, Inc. jaw Environmental Impact Costs* 16.D.21.a Packet Pg. 1309 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Prepared By: Earthwork Description Quantity Unit Cost Mobilization 1 LS $25,000.00 =25,000.00$ Traffic Maintenance 1 LS $5,000.00 =5,000.00$ Silt Fence (Includes Maintenance)6,646 LF $1.40 =9,304.40$ Clearing and Grubbing 57 AC $2,725.00 =156,551.25$ Temporary Construction Ent. / Exit 667 SY $12.00 =8,004.00$ Imported Fill (Structures)3,340 CY $14.25 =47,595.00$ Imported Fill (Roadway/Parking)15,440 CY $14.25 =220,020.00$ Imported Fill (Pedestrian Pathways)18,432 CY $14.25 =262,656.00$ Imported Fill (Baseball Fields)85,870 CY $14.25 =1,223,647.50$ Imported Fill (Open Space)36,978 CY $14.25 =526,936.50$ Sod (Open Space)55,466 SY $2.85 =158,078.10$ Site Grading (Rough and Final)278,098 SY $2.30 =639,625.40$ Additional Fees: Lake Excavation (fill - 12' deep lake)17,037 CY $3.25 =55,370.25$ Rock Removal (12' Deep Lake)111,407 CY $5.50 =612,738.50$ Excavated Fill from Lake 17,037 LF ($14.50)=(247,036.50)$ Excavated Rock from Lake 111,407 LF ($12.50)=(1,392,587.50)$ Excavation Debris Removal 4,635 CY $1.50 =6,952.50$ Additional Fees: Lake Blasting 6.88 AC $16,000.00 =110,080.00$ =-$ =2,427,935.40$ *Assumes Rock at 8.50 ft-NGVD and Control at 8.50 ft-NGVD Total of Construction Costs - Earthwork 305 BLENDED (56 AC 305) Davidson Engineering, Inc. /JAW SUMMARY OF CONSTRUCTION COSTS - EARTHWORK 16.D.21.a Packet Pg. 1310 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Prepared By: Pavement Description Quantity Unit Cost Asphalt - 1" Type S-I 570 SY $4.50 =2,565.00$ Asphalt - 2" Type S-III (2- lifts)570 SY $8.00 =4,560.00$ 8" Limerock Base 600 SY $11.27 =6,762.00$ 12" Stabilized Subgrade 42,735 SY $4.96 =211,965.60$ Type D Curb - Forming and Concrete 430 LF $13.49 =5,800.70$ 6" Thick Concrete Sidewalk 199,069 SF $5.83 =1,160,572.27$ Additional Fees: Canal Crossing (Roadway)100 LF $3,750.00 =375,000.00$ Canal Crossing (Pedestrian Bridge)200 LF $650.00 =130,000.00$ Sod (Parking Lot)42,108 SY $2.85 =120,007.80$ Bike Rack 3 LS $1,410.00 =4,230.00$ Materials and Density Testing 1 LS $10,000.00 =10,000.00$ =2,031,463.37$ 305 BLENDED (56 AC 305) JAWDavidson Engineering, Inc. / SUMMARY OF CONSTRUCTION COSTS - PAVEMENT Total of Construction Costs - Pavement 16.D.21.a Packet Pg. 1311 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Landscaping Estimate Prepared By: /0 Site Lighting Estimate Prepared By: /0 Landscaping Description Quantity Unit Cost Landscaping/Irrigation 1 LS $2,707,500.00 =2,707,500.00$ Irrigation System LS $0.00 =-$ Site Lighting*1 LS $2,260,000.00 =2,260,000.00$ Additional Fees: Irrigation Well 1 LS $25,000.00 =25,000.00$ Security Gates/Fencing LS $0.00 =-$ =4,992,500.00$ *Based on Vertical Cost Estimates from Manhattan 0 305 BLENDED (56 AC 305) 0 SUMMARY OF CONSTRUCTION COSTS - LANDSCAPING / LIGHTING Total of Construction Costs - Landscaping & Lighting 16.D.21.a Packet Pg. 1312 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Prepared By: Description C900 CL150 DR 18 & CL200 DR-14 PVC Quantity Unit Cost 6" Water / Fire Main 860 LF $25.00 =21,500.00$ 8" Water / Fire Main 5,200 LF $21.00 =109,200.00$ AWWA Class 160, SDR 26, PVC: 2" Supply 6,407 LF $7.00 =44,849.00$ Fittings: Lump Sum for Proposed Site 1 LS $4,484.90 =4,484.90$ Valves: Lump Sum for Proposed Site 1 LS $6,727.35 =6,727.35$ Meters / Devices: Fire Hydrant Assembly w/ Valve 18 EA $4,400.00 =79,200.00$ Permanent Bacterial Sample Pt.2 EA $1,250.00 =2,500.00$ Rock Trenching1 6,060 LF $16.50 =99,990.00$ Additional Fees: 1" Meter Service to Lift Station 1 LS $2,500.00 =2,500.00$ Canal Crossing 100 LF $50.00 =5,000.00$ =375,951.25$ *This EOPCC is intended to provide estimates for permit fee generation only. 305 BLENDED (56 AC 305) Davidson Engineering, Inc. /JAW SUMMARY OF CONSTRUCTION COSTS - WATER UTILITIES Total of Construction Costs - Water Utilities 16.D.21.a Packet Pg. 1313 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Prepared By: Description Force Main: Quantity Unit Cost 4" Force Main 726 LF 12.50$ =9,075.00$ Gravity Pipe (8'' PVC SDR26) - depth: 0'-6'1,941 LF 23.55$ =45,710.55$ 6'-8'370 LF 32.00$ =11,840.00$ 8'-10'647 LF 41.00$ =26,527.00$ 10'-12'388 LF 54.00$ =20,952.00$ 12'-14 462 LF 60.00$ =27,720.00$ Fittings: Lump Sum for On-Site 1 LS 907.50$ =907.50$ Valves: Lump Sum for On-Site 1 LS 1,361.25$ =1,361.25$ Manholes: 0 to 6' Deep 6 EA 4,240.00$ =25,440.00$ > 6' Deep, but <= 8' Deep 2 EA 1,020.00$ =2,040.00$ > 8' Deep 4 EA 7,010.00$ =28,040.00$ Misc. Fees: 6" Laterals (PVC SDR26)1,143 LF 16.50$ =18,859.50$ 6" Cleanout Pipe 25 EA 570.00$ =14,250.00$ Lift Station - 6' (Grinder - Fiberglass)1 EA 35,000.00$ =35,000.00$ Additional Fees: Canal Crossing 100 LF $50.00 =5,000.00$ Rock Trenching (On-Site)3,808 LF $16.50 =62,832.00$ TV Sewer & Review 1 LS $14,300.00 =14,300.00$ =349,854.80$ 305 BLENDED (56 AC 305) Davidson Engineering, Inc. /JAW SUMMARY OF CONSTRUCTION COSTS - SANITARY UTILITIES Total of Construction Costs - Sanitary Utilities 16.D.21.a Packet Pg. 1314 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Prepared By: Description Quantity Unit Cost 6-inch Conduit 2,600 LF 12.00$ =31,200.00$ 2-inch Conduit 2,600 LF 7.00$ =18,200.00$ 2-inch Conduit 2,600 LF 7.00$ =18,200.00$ 2-inch Conduit 2,600 LF 7.00$ =18,200.00$ 2-inch Conduit - LF 7.00$ =-$ 2-inch Conduit 2,600 LF 7.00$ =18,200.00$ 2-inch Conduit - LF 7.00$ =-$ 2-inch Conduit 1,300 LF 7.00$ =9,100.00$ =113,100.00$ *Based on an Estimated 3-4 months of Pro-Rated Payments 305 BLENDED (56 AC 305) SUMMARY OF CONSTRUCTION COSTS - CONDUIT UTILITIES Davidson Engineering, Inc. /JAW Century Link: Total of Construction Costs - Conduit Utilities FPL Conduit: County Fiber: Comcast: Irrigation: 16.D.21.a Packet Pg. 1315 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Prepared By: Description Circular-RCP:Quantity Unit Cost 18" RCP (Temp Parking)1,820 LF $38.35 =69,797.00$ 24" RCP (Temp Parking)780 LF $56.57 =44,124.60$ 15" HDPE 1,550 LF $19.00 =29,450.00$ 18" HDPE 3,410 LF $25.00 =85,250.00$ 24" HDPE 1,240 LF $50.00 =62,000.00$ 24" FES 2 EA $1,500.00 =3,000.00$ 24" FES (Temp. Parking)1 EA $1,500.00 =1,500.00$ 18" Concrete MES 7 EA $950.00 =6,650.00$ 24" Concrete MES 4 EA $1,000.00 =4,000.00$ Type X Box 29 EA $1,283.32 =37,216.28$ FDOT Type C 7 EA $1,900.00 =13,300.00$ FDOT Type D (Temp. Parking)12 EA $2,110.00 =25,320.00$ Control Structure 3 EA $4,000.00 =12,000.00$ RIP RAP w/ Filter Fabric 55 TON $125.00 =6,875.00$ Structure Cut Out 38 EA $350.00 =13,300.00$ Rock Trenching 6,200 LF $16.50 =102,300.00$ Imported Fill (Swale & Detention Pond)4,068 CY $14.25 =57,969.00$ Imported Fill (Lake)31,307 CY $14.25 =446,124.75$ Sod (Swale & Detention Pond) 18,702 SY $2.85 =53,300.70$ =1,073,477.33$ Total of Construction Costs - Drainage Utilities Additional Fees: Frame and Grate: Drainage Structures: Mitered End Sections: Flared End Sections: Dual-Wall ADS (HDPE) 305 BLENDED (56 AC 305) Davidson Engineering, Inc. /JAW SUMMARY OF CONSTRUCTION COSTS - DRAINAGE UTILITIES 16.D.21.a Packet Pg. 1316 Attachment: 17-7198 Solicitation (4647 : Sports Complex Negotiation) Manhattan Construction (Florida), Inc. 3705-1 Westview Drive Naples, FL 34104 239.643.6000 (office) 239.643.6030 (facsimile) www.manhattanconstruction.com October 13, 2017 Collier County –Board of County Commissioners Attn: Jim Flanagan, Procurement Strategist 3295 Tamiami Trail East, Bldg. C-2 Naples, Florida 34112 Dear Mr. Flanagan, Manhattan Construction is truly excited to be considered as the construction manager for the Collier County Sports Complex. Throughout our proposal, we have included examples of some of the 68 sports complex projects, which are part of a $3.4 billion sports project portfolio that we have completed both locally and nationally. These projects include the North Collier Regional Park, jetBlue Park –Boston Red Sox Spring Training, CenturyLink Sports Complex –Minnesota Twins Spring Training Facility, FGCU’s Alico Arena, Raymond James Stadium and various other relevant projects. Local major site work projects include Ave Maria University’s new campus, Naples Botanical Gardens, Collier County’s Gordon River Green Way, Baker Park and Florida Gulf Coast University to name a few. We have created a 3-D model to reflect the current site plan that enabled us to prepare an accurate schedule and a master control budget. We look forward to unveiling the fly through 3-D model of the sports complex. Having listened and knowing that County staff would like to have the Sports Complex up and running as soon as possible, we have prepared a strategy to deliver the entire project by October 2019. This does not include the 305 site, as the permits for this may still be a few years out as we explain in detail in our proposal. On behalf of Manhattan Construction and our team, we would be honored to be your construction manager for this world-class facility. Sincerely, Gordon T. Knapp Senior Vice President Collier County Board of County Commissioners Construction Manager at Risk for Collier County Sports Complex Solicitation No.: 17-7198 Prepared for: Jim Flanagan, Procurement Strategist Procurement Services Division 3295 Tamiami Trail East, Bldg. C-2 Naples, Florida 34112 Prepared by: Manhattan Construction 3705-1 Westview Drive Naples, Florida 34104 Contact Person at Manhattan: Gordon Knapp, Senior Vice President gknapp@manhattanconstruction.com (239) 643-6000 Contents Letter of Interest 2 1. Ability of Personnel 3 2. Past Performance 15 3. Project Approach, Willingness to Meet Time & Budget Requirements 46 4. Recent, Current, & Projected Workloads of the Firm 58 5. Financial Strength & Liabilities of the Firm 59 EVALUATION CRITERIA NO. 1: ABILITY OF PERSONNEL This is a 3-D model we built to illustrate what the Collier County Sports Complex could look like. PAGE 3 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Manhattan prides itself in being one of the best builders in Southwest Florida and beyond. Our local leadership is committed to providing the best team possible for your project with strong local leadership and a Naples management team who will pursue this project’s completion with passion as local residents, coaches and patrons of the Collier County Parks & Recreation system. The Home Team. The Manhattan Construction professionals who have been selected specifically for your new Sports Complex project provide you with the best and most recent and relevant experience and who are most familiar with Collier County and its operations as well as the City Gate area and the local authorities having jurisdiction. Our team’s extensive success together on other high- profile, complex work like yours is a testament to their ability to provide you with the best service available. This Manhattan team will work with you from day one, including the selection of the design team. We will continue with preconstruction reviews, including constructability and identifying value- added opportunities, ensuring the design of the complex stays within the County's budget. You can be certain that we will be there for you after opening day and in the years that follow. Our 49 years in Collier County shows that, as with all of our projects, our team will stand behind their work long after any warranty periods expire. This team has a solid track record of delivering model construction performances on several major projects in Southwest Florida. Their experience together creates an efficiency in how we operate, allowing decisions and changes to flow smoothly. With our team you will have certainty that your goals will be met. This confidence and trust gives you the capability to make informed decisions to positively impact the Collier County Sports Complex and its patrons for years to come. 1. Ability of Personnel North Collier Regional Park Naples, Florida jetBlue Park - Boston Red Sox Spring Training Facility Fort Myers, Florida Florida Gulf Coast University Alico Arena Fort Myers, Florida PAGE 4 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX 1. Ability of Personnel Relevant Areas of Experience The following matrix illustrates the relevant experience of our team members. Individual resumes for each person are included in the following pages. Large Site Sports CMaR Local Resident Projects $80M+ Gordon Knapp Principal-in-Charge  Greg McClure Vice President - Sports Project / Preconstruction Director  David Steger Assistant Project Manager  John Cowart Senior Superintendent  Mauricio Pastor Site Superintendent  John Begani Chief Estimator  Ingrid Arencibia Assistant Project Manager  Dean Ramineh Safety Director  KP Pezeshkan Vice President - Project Liaison  Everyone on this team has worked together on projects in the past. PAGE 5 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX 1. Ability of Personnel Organizational Chart The following organizational chart clearly defines the roles and reporting structure for all key personnel proposed for this project. Project Director / Precon. Manager GREG MCCLURE Chief Estimator JOHN BEGANI Safety Director DEAN RAMINEH Assistant Project Manager INGRID ARENCIBIA Principal-in-Charge GORDON KNAPP Project Liaison KP PEZESHKAN Site Superintendent MAURICIO PASTOR Senior Superintendent JOHN COWART Project Manager DAVID STEGER We’re Right Down the Road Our corporate headquarters is located at 3705-1 Westview Drive, less than 15 minutes from the project site. PAGE 6 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Gordon Knapp Principal-in-Charge Experience As Manhattan’s senior leader for the State of Florida, Gordon manages client, architect and staff relationships and is charged with the implementation of policies, procedures, and management of Florida’s organizational structure. He endeavors to maintain the company-wide goal of providing quality construction services that exceed our clients’ expectations and to be the contractor of choice in Florida. Gordon supervises all procurement and personnel administration in the state. Education and Credentials • Construction Management Program, - Mankato State University, Mankato, Minnesota • American Heart Association Executive Committee • Years Experience - 34 Project Experience Examples Raymond James Stadium Phase II $39M / 768,000 SF Tampa, FL Raymond James Stadium Phase I $65M / 768,000 SF Tampa, FL City of Naples Baker Park $14M / 19 acres Naples, FL 1. Ability of Personnel Additional Experience Pennsylvania Convention Center Philadelphia, PA | $130M Knoxville Convention Center Knoxville, TN | $95M Owensboro-Daviess County Convention and Events Center Owensboro, KY | $44M World’s Fair Park Improvements Knoxville, TN | $22M CenturyLink Sports Complex - Hammond Stadium $42M / 99,000 SF Fort Myers, FL PAGE 7 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Greg McClure Vice President Sports - Project / Preconstruction Director Experience Greg McClure is among the construction industry’s most respected and experienced sports builders. He has managed project teams for high-profile sports projects with enormously challenging complexities and schedules. During his 26 years at Manhattan he has been directly involved with $3.4 billion worth of projects. Most recently, he was the project lead for the Texas A&M Kyle Field Redevelopment project. He directed the project team, which brought this $441 million project in under budget and on schedule under incredibly challenging circumstances. Education and Credentials • B.S., Construction Science, Texas A&M University • Certified Professional Estimator (CPE) • LEED AP Certified, 2009 • Association of Professional Estimators (ASPE) Project Experience Examples Raymond James Stadium Phase II $39M / 768,000 SF Tampa, FL Raymond James Stadium Phase I $65M / 768,000 SF Tampa, FL AT&T Stadium - Home of the Dallas Cowboys $800M / 2,600,000 SF Arlington, TX CenturyLink Sports Complex - Hammond Stadium $42M / 99,000 SF Fort Myers, FL 1. Ability of Personnel Additional Experience Texas A&M Kyle Field Stadium Redevelopment College Station, TX | $441M Apogee Stadium at University of North Texas Denton, TX | $69M Dallas Convention Center Expansion Dallas, TX | $92M TDECU Stadium at the University of Houston Houston, TX | $109M PAGE 8 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX David Steger, LEED GA Project Manager Experience David has 18 years of experience in the construction industry and most recently served as project manager on the fast-track Raymond James Stadium Renovation in Tampa, FL. He has had the privilege of working on some of the most challenging and high-profile sports projects in the nation throughout his career and will be an invaluable asset to the project team. Education and Credentials • Bachelor of Business, University of Houston • LEED Green Associate • PTI Level 1 Unbonded PT Field Install, 04/21/2012, #042212015 • Foreman of the Year, Baker Triangle, 2005 / Unsung Hero Award, Baker Triangle, 2000 Project Experience Examples Raymond James Stadium Phase II $39M / 768,000 SF Tampa, FL Raymond James Stadium Phase I $65M / 768,000 SF Tampa, FL Texas A&M Kyle Field $441M / 1,120,000 SF College Station, TX Toyota Center Multi-Purpose Arena $130M / 750,000 SF Houston, TX 1. Ability of Personnel Additional Experience Energy Crossing 2 Houston, TX | $35M L’Auberge Casino & Hotel Baton Rouge, LA | $228M Riffort Renaissance Resort Wllemstad, Curacao | $46M PAGE 9 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX John Cowart Senior Superintendent Experience John has more than 46 years of experience in the construction industry and currently serves as senior superintendent for the Southwest Florida region. He has developed an expertise in athletic and fast track projects, with a no non-sense approach to safety on projects under his watch. He is precise and knowledgeable, a combination of attributes that will provide all the stakeholders of the Collier County Sports Complex with a peace of mind that the project will be completed in a timely matter without sacrificing quality. Education and Credentials • Edison Community College, Drafting & Blueprint – Continuing Education • OSHA 30-hour • CPR / First Aid Project Experience Examples jetBlue Park - Boston Red Sox Spring Training Facility $53M / 106 acres Fort Myers, FL Island Coast High School & Athletic Complex $50M / 53 acres Cape Coral, FL High Point Place I & II $100M / 900,000 SF Fort Myers, FL Moore Haven Junior/Senior High School Replacement $22M / 109,564 SF Moore Haven, FL 1. Ability of Personnel Additional Experience The Coronado Naples, FL | $120M The Seasons Naples, FL | $72M Vistas Multi-Unit Residential Tower Naples, FL | $55M Hyatt Regency Coconut Point Amenity Expansion & Park Bonita Springs, FL | $6M PAGE 10 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Mauricio Pastor Site Superintendent Experience Mauricio has more than 25 years of experience in Florida and nine years in New York in the Hamptons. He started in the field as a pipe layer and moved up to equipment operator and superintendent. His extensive experience includes major utility projects, earth moving infrastructure, roads, complex hurricane clean up, site development on jobs such as athletic facilities, roads, golf course communities, apartment complexes and government facilities. Education and Credentials • OSHA 30-hour • Storm water Management Inspector • FDOT Traffic Safety Course – Advanced Certified • CPR & First Aid Project Experience Examples jetBlue Park - Boston Red Sox Spring Training Facility $53M / 106 acres Fort Myers, FL North Collier Regional Park $54M / 212 acres Naples, FL Naples Botanical Gardens $35M / 60 acres Naples, FL City of Naples Baker Park $14M / 19 acres Naples, FL 1. Ability of Personnel Additional Experience Gordon River Greenway Park Naples, FL | $9M Island Coast High School & Athletic Complex Cape Coral, FL | $50M Freedom Park Naples, FL | $9.8M Ave Maria University Sitework & Utility Infrastructure Ave Maria, FL | $150M PAGE 11 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX John Begani Chief Estimator Experience John has more than 35 years of preconstruction experience, comprising almost $2 billion in completed work, particularly in large civil projects with complex underground elements. Collier County will benefit from John’s depth of experience, which enables him to deliver tested estimating solutions, spark dialogue and innovation to provide new ways to deliver the best value to enhance the Collier County Sports Complex construction experience. He will ensure the design team creates a complex that does not exceed the County’s budget. Education and Credentials • Canton ATC SUNY - Civil Engineering / Construction Technical Engineering • Member of the American Society of Professional Estimators (ASPE) Project Experience Examples Raymond James Stadium Phase II $39M / 768,000 SF Tampa, FL City of Tampa Curtis Hixon Waterfront Park $24M / 8 acres Tampa, FL University of South Florida Sun Dome Arena and Event Center $30M / 250,000 SF Tampa, FL City of Naples Baker Park $14M / 19 acres Naples, FL 1. Ability of Personnel Additional Experience PHCC Spring Hill New 52-acre Campus Spring Hill, FL | $30M PHCC New 60-acre Porter Campus at Wiregrass Wesley Chapel, FL | $45M University of South Florida Visual & Performing Arts Center Tampa, FL | $35M Sarasota Memorial Hospital Bed Tower and CUP Sarasota, FL | $152M PAGE 12 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Ingrid Arencibia Assistant Project Manager Experience Ingrid joined Manhattan in 2002 after graduating from Florida International University with a B.A. Architecture degree. She has extensive experience on a variety of project types including civil, parks and recreation, aviation projects, hospitality, healthcare, senior living and high rise condominiums. Her primary focus has been the Construction Management at Risk (CMaR) delivery method has worked with several clients on their first CMaR civil projects. This experience has given her a unique perspective on the critical objectives a client is expecting the construction manager to provide in the approach and delivery of a well planned and executed project. Education and Credentials • B.A. Architecture, Florida Atlantic University • CPR & First Aid • Years Experience - 15 Project Experience Examples City of Naples Baker Park $14M / 19 acres Naples, FL Hyatt Regency Coconut Point Amenity Expansion & Park $6M / 1 acre Bonita Springs, FL Moorings Park Buildings LMN & Dog Park $21M / 103,005 SF Naples, FL Veracruz at Cape Marco $92M / 821,295 SF Marco Island, FL 1. Ability of Personnel Additional Experience Lee County Port Authority Continuing Contract Fort Myers, FL | $2M Belize at Cape Marco Marco Island, FL | $95M The Esplanade Mixed-use Marco Island, FL | $43M City of Naples Gordon River Connector Bridge & Boardwalks Naples, FL | $4M PAGE 13 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Dean Ramineh Safety Director Experience With 25 years of construction experience, Dean has gained a vast knowledge of safety experience in the construction industry. Dean has a passion for safety and believes that a safe work place is key to operational excellence, eliminating injuries and property damage. With Dean, you will benefit from a highly-experienced safety manager with safety being his number one priority. His ability to lead a safe project ensures safety for the workers, county staff and general public - which becomes critically important in phases 2 and 3 of the Collier County Sports Complex. Education and Credentials • Bachelor of Computer Science, Penn State University • OSHA 30-hour • CPR / First Aid / AED • Site Safety and Health Officer Certified • OSHA Competent Person: Scaffolding, Fall Protection, Trenching Excavation, Confined Space, Hazcom Project Experience Examples jetBlue Park - Boston Red Sox Spring Training Facility $53M / 106 acres Fort Myers, FL CenturyLink Sports Complex - Hammond Stadium $42M / 99,000 SF Fort Myers, FL Naples Botanical Gardens $35M / 60 acres Naples, FL City of Naples Baker Park $14M / 19 acres Naples, FL 1. Ability of Personnel Additional Experience Gordon River Greenway Park Naples, FL | $9M Saint Elizabeth Seton Gymnasium Naples, FL | $1M Renovations to Raymond James Stadium Phase I Tampa, FL | $65M Hyatt Regency Coconut Point Amenity Expansion & Park Bonita Springs, FL | $6M PAGE 14 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX KP Pezeshkan Vice President - Project Liaison Experience KP has been with the organization since 1986 and today he serves as Vice President of Manhattan Construction in Naples. He has managed more than $700 million in successfully completed projects in our community. KP takes tremendous pride in owner satisfaction that was instilled in his by his father and many mentors throughout his career. His expertise is truly client relations with every project he takes on. He is meticulous, pays very close attention to detail, and does not accept anything less than above and beyond owner’s expectations. KP’s knowledge of the local community will be an invaluable part of the success of this project. He will coordinate the gathering of right people throughout areas of the County, local athletic groups, and Southwest Florida Community Leadership as required when interfacing with the design and construction of this project. As he has done on very similar projects in the past, KP will ensure that communications with all stakeholders are up-to-date and productive. He is dedicated to making the project a positive and successful experience for all stakeholders. 1. Ability of Personnel KP Pezeshkan and his team really captured the entire construction process almost literally on a daily basis. You can tell they love doing what they do and the amount of pride they had doing it.” Manny Garcia, Editor Naples Daily News “For a construction company to provide what Manhattan’s team provided from a media and communications perspective was outstanding. You guys literally kept the City informed daily not only in written form but photographically and with outstanding video coverage. Wow!” David Fralick, Communications Manager - City of Naples “We cover the news, but KP Pezeshkan would call us at WINK and create the news and it was always a good story. KP basically became the WINK Pier Producer so to speak. I really enjoyed working with him and his team. You can really tell how passionate they were on that project.” Jennifer Jones, Reporter WINK News EVALUATION CRITERIA NO. 2: PAST PERFORMANCE *BASED ON 2016 CONTRACTING REVENUE FROM GENERAL BUILDING AS REPORTED IN ENR’S SURVEY OF LEADING CONTRACTORS AND DESIGN FIRMS. SEE ENR.COM FOR EXPANDED LISTINGS. The Top Contractors in General Building TOP 400 SOURCEBOOK GENERAL BUILDING MULTI-UNIT RESIDENTIAL REVENUERANKFIRM($ MIL.) 1 LENDLEASE 2,128.2 2 SUFFOLK CONSTRUCTION CO.1,467.2 3 CLARK GROUP 1,427.6 4 AECOM 1,237.2 5 CHINA CONSTRUCTION AMERICA/PLAZA CONSTRUCTION 988.6 6 BALFOUR BEATTY US 925.5 7 AVALONBAY COMMUNITIES INC. 915.2 8 MOSS & ASSOCIATES LLC 826.1 9 THE TURNER CORP. 774.6 10 SWINERTON INC. 731.4 11 GILBANE BUILDING CO. 602.6 12 HANOVER RS CONSTRUCTION LLC 593.0 13 HAWAIIAN DREDGING CONSTRUCTION CO. INC. 452.3 14 COASTAL CONSTRUCTION GROUP 443.9 15 THE WALSH GROUP, LTD 434.7 16 PCL CONSTRUCTION ENTERPRISES INC. 431.2 17 ALBERT C. KOBAYASHI INC. 404.0 18 JAMES MCHUGH CONSTRUCTION CO. 381.2 19 THE MCSHANE COS. 361.3 20 HOLLAND CONSTRUCTION INC. 355.2 21 BATSON-COOK CO. 344.6 22 BRASFIELD & GORRIE LLC 322.3 23 WEBCOR BUILDERS 298.3 24 BIG-D CONSTRUCTION CORP. 295.0 25 CAHILL CONTRACTORS LLC 287.0 SPORTS REVENUERANKFIRM($ MIL.) 1 AECOM 1,049.1 2 MORTENSON CONSTRUCTION 606.3 3 THE TURNER CORP. 363.4 4 BARTON MALOW CO. 344.3 5 PCL CONSTRUCTION ENTERPRISES INC. 304.3 6 MANHATTAN CONSTRUCTION GROUP 261.5 7 HOLDER CONSTRUCTION CO. 251.0 8 BRASFIELD & GORRIE LLC 195.2 9 ALBERICI-FLINTCO 185.0 10 PEPPER CONSTRUCTION GROUP 137.6 11 SKANSKA USA INC. 81.1 12 CLARK GROUP 76.0 13 DPR CONSTRUCTION 63.6 14 THE BECK GROUP 63.4 15 JE DUNN CONSTRUCTION GROUP 58.2 CORRECTIONAL FACILITIES REVENUERANKFIRM($ MIL.) 1 CLARK GROUP 122.3 2 BERNARDS 86.0 3 BALFOUR BEATTY US 75.0 4 LAYTON CONSTRUCTION CO. LLC 54.3 5 HENSEL PHELPS 53.1 6 SUNDT CONSTRUCTION INC. 49.0 7 SLETTEN COS. 45.1 8 PCL CONSTRUCTION ENTERPRISES INC. 42.7 9 ADOLFSON & PETERSON INC. 32.5 10 GILBANE BUILDING CO. 30.8 11 GRANGER CONSTRUCTION 29.3 12 THE WALSH GROUP, LTD 22.3 13 OKLAND CONSTRUCTION CO. INC. 21.3 14 NEW SOUTH CONSTRUCTION CO. 15.1 15 KITCHELL CORP. 15.0 ENTERTAINMENT, CASINOS REVENUERANKFIRM($ MIL.) 1 THE WHITING-TURNER CONTRACTING CO. 415.3 2 THE TURNER CORP. 373.7 3 BALFOUR BEATTY US 276.7 4 PCL CONSTRUCTION ENTERPRISES INC. 269.1 5 AECOM 254.6 6 SWINERTON INC. 184.1 7 MANHATTAN CONSTRUCTION GROUP 177.7 8 MCCARTHY HOLDINGS INC. 172.0 9 CLARK GROUP 170.1 10 LECHASE CONSTRUCTION SERVICES 146.1 11 GILBANE BUILDING CO. 122.8 12 C.W. DRIVER COS. 112.8 13 SUFFOLK CONSTRUCTION CO. 107.2 14 JE DUNN CONSTRUCTION GROUP 95.3 15 LAYTON CONSTRUCTION CO. LLC 74.6 16 SKANSKA USA INC. 60.5 17 AUSTIN INDUSTRIES 60.2 18 WHARTON-SMITH INC. 51.5 19 LINBECK GROUP LLC 50.0 20 THE WEITZ CO. 50.0 21 BARTON MALOW CO. 50.0 22 GRAYCOR 47.7 23 CDI CONTRACTORS LLC 43.6 24 HENSEL PHELPS 43.4 25 THE PENTA BUILDING GROUP 43.2 *BASED ON 2016 CONTRACTING REVENUE FROM GENERAL BUILDING AS REPORTED IN ENR’S SURVEY OF LEADING CONTRACTORS AND DESIGN FIRMS. SEE ENR.COM FOR EXPANDED LISTINGS. The Top Contractors in General Building TOP 400 SOURCEBOOK GENERAL BUILDING MULTI-UNIT RESIDENTIAL REVENUERANKFIRM($ MIL.) 1 LENDLEASE 2,128.2 2 SUFFOLK CONSTRUCTION CO.1,467.2 3 CLARK GROUP 1,427.6 4 AECOM 1,237.2 5 CHINA CONSTRUCTION AMERICA/PLAZA CONSTRUCTION 988.6 6 BALFOUR BEATTY US 925.5 7 AVALONBAY COMMUNITIES INC. 915.2 8 MOSS & ASSOCIATES LLC 826.1 9 THE TURNER CORP. 774.6 10 SWINERTON INC. 731.4 11 GILBANE BUILDING CO. 602.6 12 HANOVER RS CONSTRUCTION LLC 593.0 13 HAWAIIAN DREDGING CONSTRUCTION CO. INC. 452.3 14 COASTAL CONSTRUCTION GROUP 443.9 15 THE WALSH GROUP, LTD 434.7 16 PCL CONSTRUCTION ENTERPRISES INC. 431.2 17 ALBERT C. KOBAYASHI INC. 404.0 18 JAMES MCHUGH CONSTRUCTION CO. 381.2 19 THE MCSHANE COS. 361.3 20 HOLLAND CONSTRUCTION INC. 355.2 21 BATSON-COOK CO. 344.6 22 BRASFIELD & GORRIE LLC 322.3 23 WEBCOR BUILDERS 298.3 24 BIG-D CONSTRUCTION CORP. 295.0 25 CAHILL CONTRACTORS LLC 287.0 SPORTS REVENUERANKFIRM($ MIL.) 1 AECOM 1,049.1 2 MORTENSON CONSTRUCTION 606.3 3 THE TURNER CORP. 363.4 4 BARTON MALOW CO. 344.3 5 PCL CONSTRUCTION ENTERPRISES INC. 304.3 6 MANHATTAN CONSTRUCTION GROUP 261.5 7 HOLDER CONSTRUCTION CO. 251.0 8 BRASFIELD & GORRIE LLC 195.2 9 ALBERICI-FLINTCO 185.0 10 PEPPER CONSTRUCTION GROUP 137.6 11 SKANSKA USA INC. 81.1 12 CLARK GROUP 76.0 13 DPR CONSTRUCTION 63.6 14 THE BECK GROUP 63.4 15 JE DUNN CONSTRUCTION GROUP 58.2 CORRECTIONAL FACILITIES REVENUERANKFIRM($ MIL.) 1 CLARK GROUP 122.3 2 BERNARDS 86.0 3 BALFOUR BEATTY US 75.0 4 LAYTON CONSTRUCTION CO. LLC 54.3 5 HENSEL PHELPS 53.1 6 SUNDT CONSTRUCTION INC. 49.0 7 SLETTEN COS. 45.1 8 PCL CONSTRUCTION ENTERPRISES INC. 42.7 9 ADOLFSON & PETERSON INC. 32.5 10 GILBANE BUILDING CO. 30.8 11 GRANGER CONSTRUCTION 29.3 12 THE WALSH GROUP, LTD 22.3 13 OKLAND CONSTRUCTION CO. INC. 21.3 14 NEW SOUTH CONSTRUCTION CO. 15.1 15 KITCHELL CORP. 15.0 ENTERTAINMENT, CASINOS REVENUERANKFIRM($ MIL.) 1 THE WHITING-TURNER CONTRACTING CO. 415.3 2 THE TURNER CORP. 373.7 3 BALFOUR BEATTY US 276.7 4 PCL CONSTRUCTION ENTERPRISES INC. 269.1 5 AECOM 254.6 6 SWINERTON INC. 184.1 7 MANHATTAN CONSTRUCTION GROUP 177.7 8 MCCARTHY HOLDINGS INC. 172.0 9 CLARK GROUP 170.1 10 LECHASE CONSTRUCTION SERVICES 146.1 11 GILBANE BUILDING CO. 122.8 12 C.W. DRIVER COS. 112.8 13 SUFFOLK CONSTRUCTION CO. 107.2 14 JE DUNN CONSTRUCTION GROUP 95.3 15 LAYTON CONSTRUCTION CO. LLC 74.6 16 SKANSKA USA INC. 60.5 17 AUSTIN INDUSTRIES 60.2 18 WHARTON-SMITH INC. 51.5 19 LINBECK GROUP LLC 50.0 20 THE WEITZ CO. 50.0 21 BARTON MALOW CO. 50.0 22 GRAYCOR 47.7 23 CDI CONTRACTORS LLC 43.6 24 HENSEL PHELPS 43.4 25 THE PENTA BUILDING GROUP 43.2 is is a 3-D model we built to illustrate what the Collier County Sports Complex could look like. PAGE 15 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX 2. Past Performance Manhattan Construction is widely-known for building some of the sports industry’s most recognized structures, including jetBlue Park Boston Red Sox Spring Training Facility, Hammond Stadium Minnesota Twins Spring Training Facility, Texas A&M Kyle Field Stadium Redevelopment, AT&T Stadium Home of the Dallas Cowboys, NRG Stadium Home of the Houston Texans, New Orleans Sports Arena, and the BBVA Compass Stadium among others. Ranked 6th in the nation by Engineering News-Record in 2017 for top sports builders, Manhattan provides premier sports facility construction services including construction management, design-build, general building, and development. In addition to nationally-recognized sports projects, Manhattan Construction has built some of the area’s most popular sports and recreation facilities; North Collier Regional Park, FGCU’s Alico Arena, the state-of-the-art gym/locker room at Naples High School, the athletic facilities at Golden Gate, Gulf Coast and Island Coast High Schools and Sarasota’s Robert L. Taylor Community Complex. We have the most comprehensive knowledge of current costs to build sports complex projects as well as the most relevant knowledge of local and regional subcontractors and suppliers. With the Manhattan team, you can be confident that you will receive competitive and accurate pricing. We are an owner-minded builder. We will deliver Collier County the best Sports Complex project experience for the best value and in a timely manner. PAGE 16 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX 2. Past Performance In addition to the 10 projects we have chosen for past performance, Manhattan has completed countless sports projects both locally and nationally. St. Elizabeth Seton Gymnasium Naples, FL World Tennis Club Complex Naples, FL FGCU Baseball & Softball Complex Fort Myers, FL Texas Rangers Ballpark Arlington, TX BOK Indoor Event Center Tulsa, OK Apogee Stadium Denton, TX Raymond James Stadium Renovations Tampa, FL St. Leo University Softball Complex St. Leo, FL ONEOK Park Tulsa, OK Oklahoma State University Soccer Complex Stillwater, OK BBVA Compass Stadium Houston, TX University of Oklahoma Everest Indoor Training & Events Center Norman, OK Experienced With Large Sites in Southwest Florida Manhattan Construction has worked on some of the largest sitework projects in the Southwest Florida area. We are familiar with the geology, location of fill pits and the local subcontractors who can handle a project of this magnitude. Some of our local large site experience includes: North Collier Regional Park 120 acres Naples, FL Ave Maria University Campus 750 acres Ave Maria, FL Naples Botanical Gardens 160 acres Naples, FL Florida Gulf Coast University South Village 40 acres Fort Myers, FL Golden Gate High School 69 acres Naples, FL Gulf Coast High School 50 acres Naples, FL PAGE 17 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX jetBlue Park - Boston Red Sox Spring Training Facility Fort Myers, Florida PAGE 18 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX jetBlue Park - Boston Red Sox Spring Training Facility Fort Myers, Florida Owner: Lee County Government Doug Meurer meurerdl@leegov.com (239) 533-2221 Architect: Populous, Inc. Kansas City, MO Project Cost: $53,176,272 Project Size: 106 acres Project Schedule: 09/2010 - 06/2012 Awards: 2012 Lee Building Industry Association (BIA) Awards - Best Commercial Contractor Project – Public Works 2013 Excellence In Construction Eagle Award - Other Construction $2 to $100 million category - Associated Builders and Contractors’ (ABC) Florida Gulf Coast Chapter The jetBlue Park - Boston Red Sox Spring Training Facility serves as a workout, training and rehabilitation facility for Major League and Minor League players in a park-like setting. The ballpark structure includes approximately 10,000 fixed seats plus 2,000-standing room or picnic area or berm seating, resulting in a total capacity of approximately 12,000. Special seating categories or “neighborhoods,” include “club” seats, picnic areas and party decks. The player development facilities include six full practice fields with natural turf and state of the art drainage systems. It includes all the elements of a major league field, including warning tracks, outfield fences, backstops, foul poles, batters eye configurations and locations for players and spectators. One practice field has the same field dimensions as Fenway park, including the “Green Monster” in left field. 3,825 dedicated, revenue producing parking spaces, many of which are on grass, were also included in the project. The facility comprises 120 acres of practice fields, the excavation of six acres of lakes, grass and asphalt parking, soccer fields, clubhouse and maintenance structures. PAGE 19 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX jetBlue Park - Boston Red Sox Spring Training Facility Fort Myers, Florida PROJECT RELEVANCY Sports / Stadium Project Southwest Florida Project Lake Excavation & Grass Parking Concessions Locker Rooms CMAR PAGE 20 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX CenturyLink Sports Complex - Hammond Stadium Fort Myers, Florida PAGE 21 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX CenturyLink Sports Complex - Hammond Stadium Fort Myers, Florida Owner: Lee County Government Ayoub R. Al-Bahou (239) 533-8303 AAlbahou@leegov.com Architect: Populous, Inc. Kansas City, MO Project Cost: $42,775,271 Project Size: 99,000 sf Project Schedule: 08/2013 - 02/2015 Awards: Best Major Ballpark Renovation of 2015 - Ballpark Digest 2015 Lee Building Industry Association Industry Awards - Category: Best Commercial Contractors Project — Public Works 2015 Excellence In Construction Eagle Award - Category: Sports Complex Over $25 million - Associated Builders & Contractors of America Florida Gulf Coast Chapter Phase I of the renovations, completed prior to Spring Training 2014, included a new residential player development academy, extensive renovations to the Minor League clubhouse and administrative areas, a new playing field, new agility field, an expanded seating capacity and the completion of a 360-degree boardwalk with new berm seating in left field. Also included was the excavation of a 9-acre lake, the re-shaping of an existing 5-acre lake and a 4-acre grass parking area providing 330 parking spaces. Phase II of the project, completed for 2015 Spring Training, included substantial changes to Hammond Stadium that reshaped the fan experience, including expanded and upgraded concourses, improved concessions and rest rooms and a new retail store. Additional renovations included upgraded premium seating, new suites with improved views, additional spaces for group seating, a press box renovation and clubhouse expansion, further enhancing the experience for visitors and players alike. The project was bid locally with more than 80% local participation and more than 12% minority owned businesses participation. Utilizing local contractors from the area that had familiarity with the stadium resulted in better pricing for the owner. At its peak, the project had more than 300 construction workers on site. PAGE 22 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX PROJECT RELEVANCY Sports / Stadium Project Southwest Florida Project Lake Excavation & Grass Parking Concessions Locker Rooms CMAR CenturyLink Sports Complex - Hammond Stadium Fort Myers, Florida New 360-Degree Boardwalk New Player Development New Practice Field Renovated Minor League New Agility Field Expanded Parking Renovated Stadium & Clubhouse Areas Renovated Suites, Press & Administrative AreasNew Retail Store New Lake PAGE 23 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Naples Botanical Gardens Naples, Florida Form 8: Reference Questionnaire Solicitation: 17-7198 -CMAR for Collier County Sports Complex Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: ___________________________Completion Date: _____________________________ Project Budget: _______________________________Project Number of Days: _______________________ Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Manhattan Construction KP Pezeshkan Brian Galligan Naples Botanical Gardens bgalligan@naplesgarden.org N/A (239) 643-7275 Naples Botanical Gardens (Multiple Phases)12/2014 $9.6M (most recent phase)473 calendar days (most recent phase) 10 10 10 10 10 10 10 10 10 10 PAGE 24 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Naples Botanical Gardens Naples, Florida Owner: Naples Botanical Garden Brian Galligan (239) 643-7275 bgalligan@naplesgarden.org Architect: Various Project Cost: $35,000,000+ Project Size: 60 acres Project Schedule: 05/2008 - 12/2014 (all phases) Awards: 2010 National Gold Medal Award - Building of America 2011 Excellence In Construction Merit Award Public Works $10-20 Million Category - Associated Builders & Contractors The Naples Botanical Garden consists of five unique world class gardens which include the Asian Garden, Caribbean Garden, Children’s Garden, Brazilian Garden and Florida Garden. The facility includes 160 acres of which 60 acres were developed. The undeveloped portions of the site are wetland and upland habitats that were placed into conservation easements. The project is a balance between exotic and indigenous landscapes. Site landscaping and civil work for the project is designed to suggest a native Florida landscape. In addition to the site / civil work, a ticketing building and retail space, a 15,000-square-foot exhibit hall with a cafe/restaurant and shaded/covered areas were added to the project. The project is LEED Gold Certified. As part of the sitework, two lakes were dug - one 10-acre lake and one 3-acre lake. Both lakes were dug to a depth of 25 feet. PAGE 25 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Naples Botanical Gardens Naples, Florida PROJECT RELEVANCY Southwest Florida Project Large Site (60 acres) Two Lakes Excavated (13 acres total) Concessions CMAR Site Clearing & Lake Excavation Site clearing and the start of the excavation of the 10-acre and 3-acre lake on the 60-acre site off Bayshore Road in Naples. PAGE 26 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX TDECU Stadium at the University of Houston Houston, Texas PAGE 27 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX TDECU Stadium at the University of Houston Houston, Texas Owner: University of Houston TJ Meagher (713) 743-9426 tjmeagher@uh.edu Architect: PageSoutherlandPage Houston, TX Project Cost: $109,940,020 Project Size: 350,000 sf Project Schedule: 11/2012 - 08/2014 Awards: 2015 Houston Business Journal Landmark Award Winner The TDECU Stadium at the University of Houston is a continuous bowled 40,000-seat stadium, designed for a future capacity of 60,000 seats. The south side of the stadium consists of a cast-in-place structure with club space, suites, and a press box with premium seating. Action at the stadium is played on a state-of-the-art synthetic turf field that allows a multitude of events while remaining low maintenance and cost efficient. Twenty-six suites stretching from end zone to end zone on the stadium’s south side will be located one level above the club and will each be outfitted with 12 outside seats, four inside bar stools and an entertainment area with a hi-definition television, solid surface countertops, hand-crafted cabinetry and stainless steel sink and appliances. The Bert F. Winston Band and Performance Center (39,089 square feet) at the east end of the stadium will contain Spirit of Houston Band Recital Halls and classroom spaces, a multi-purpose gallery area and the Houston Athletics Ticket Office. There are a total of 160 concession points of sale throughout the stadium and a state-of-the-art HD, LED wide-screen video board is located on the west end of the stadium. Premium concession items are available thanks to a full-service kitchen in the stadium that serves suite holders, club patrons and special events throughout the year. PAGE 28 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX TDECU Stadium at the University of Houston Houston, Texas Synthetic Turf Underdrain System Installation The complex underdrain system for the synthetic turf can be seen being installed in the above aerial. Synthetic Turf Installation The playing surface is being installed over the prepared subsurface. PROJECT RELEVANCY Sports/Stadium Project Synthetic Turf Playing Surface Locker Rooms Concessions Large Site Work CMAR PAGE 29 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Island Coast High School Cape Coral, Florida Form 8: Reference Questionnaire Solicitation: 17-7198 -CMAR for Collier County Sports Complex Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: ___________________________Completion Date: _____________________________ Project Budget: _______________________________Project Number of Days: _______________________ Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Manhattan Construction KP Pezeshkan Scott Reichenbacher The School District of Lee County scottcr@leeschools.net N/A (239) 643-7275 Island Coast High School 07/2008 $50M 541 calendar days 10 10 10 10 10 10 10 10 10 10 100 PAGE 30 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Island Coast High School Cape Coral, Florida Owner: The School District of Lee County Scott Reichenbacher (239) 479-4201 scottcr@leeschools.net Architect: Song and Associates West Palm Beach, FL Project Cost: $47,736,334 Project Size: 53 acres Project Schedule: 02/2007 - 05/2008 Awards: 2008 Lee Building Industry Association (BIA) Awards - Best School Project Island Coast High School is a new three-story 265,000-square-foot facility constructed on a 53-acre site. The main building includes 88 classrooms, media center, 560-seat auditorium with adjacent band and vocal spaces. The gym seats 980 people with adjacent locker rooms, weight room, and dance studio spaces. The building is tilt wall construction and structural steel framing with slab on metal deck. The site includes football, baseball, softball and practice fields. The football field has bleachers that seats 3,000, a running track and two concession stands. The building is hardened to withstand a category 5 hurricane and is to be used as an emergency shelter for the community. PAGE 31 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX PROJECT RELEVANCY Southwest Florida Project Large Site Concessions Locker Rooms / Gym 3,000-seat Football Stadium CMAR Island Coast High School Cape Coral, Florida PAGE 32 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Ford Center at The Star in Frisco Frisco, Texas PAGE 33 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Owner: Dallas Cowboys Mark Hickman (214) 437-3653 MHickman@DallasCowboys. net Architect: Gensler Dallas, TX Project Cost: $261,802,000 Project Size: 510,000 sf Project Schedule: 06/2014 - 07/2016 Awards: 2017 ENR Texas & Louisiana Best Sports/Entertainment Project Award The Frisco Multi-Use Special Events and Sports Facility is a multi-purpose artificial turf indoor stadium and events center with 12,000 fixed seats, two outdoor football practice fields (one natural grass and one artificial turf ) and below grade structural parking. The Event Center is home to the practice and training facilities of the Dallas Cowboys Football Club, and space within the facility for the football team includes an NFL quality locker room, training facilities, team room, coaches and scouting offices. The Dallas Cowboys organization will manage and book the facility, with the intent to generate revenue through publicly ticketed events (concerts, sports, etc.) as well as catered hospitality and corporate outings. In addition to providing a wide range of activities for the public, the facility will host Frisco Independent School District’s (FISD) high school football throughout the fall as well as other FISD events. More than 500,000 cubic yards of dirt had to be moved, as the project was being built on the highest spot of the site. Since much of the excavation included rock, a rock crushing plant was set up on the site to process the excavation materials, which were later used for structural backfill and other used during construction. Ford Center at The Star in Frisco Frisco, Texas PAGE 34 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Ford Center at The Star in Frisco Frisco, Texas Artificial Turf Fields Event Center & Stadium Concessions Locker Rooms Large Site CMAR PROJECT RELEVANCY PAGE 35 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX AT&T Stadium - Home of the Dallas Cowboys Dallas, Texas PAGE 36 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Owner: Dallas Cowboys Mark Hickman (214) 437-3653 MHickman@DallasCowboys. net Architect: Gensler Dallas, TX Project Cost: $800,000,000 Project Size: 3,000,000 sf Project Schedule: 03/2006 - 03/2010 Awards: Named among the top 3 of the World’s Most Important Sports Venues by UK SportsPro Magazine American Society of Civil Engineering (ASCE) – 2011 Finalist, National Outstanding Civil Engineering Achievement Award Sports Business Journal - 2010 Sports Facility of the Year At three million square feet, the internationally recognized AT&T Stadium is home to the Dallas Cowboys and is largest NFL stadium in the world. The facility accommodates 80,000 patrons and is expandable to 100,000 in a comfortable, conditioned environment under a uniquely designed retractable roof system. When the facility opened the two main HD video boards were the largest in the world at 72 feet tall and 168 feet long and are the only center hung video boards in the NFL. The interior has more than one million square feet of finished space with more than 300 suites and 220,000 square feet of unique clubs/lounges. There is 5,500 square feet of below grade data center, HVAC, security, concession, and merchandise systems spaces. The award-winning AT&T Stadium was featured on the Discovery Channel’s “Build it Bigger” and Science Channel’s “Megastructures.” The project is situated on an 153-acre site and required 1,600,000 cubic yards of excavation that saw 70 trucks per day moving dirt for two 10- hour shifts a day that rolled on for five and a half months straight. The project includes 386,000-square-feet of grass parking spaces, 8,650 linear feet of sanitary sewer lines, 48,500 linear feet of storm drainage lines, 3,800 linear feet of new water main, 12,400 linear feet of electrical and communication duct banks, 349 light poles, 2,892,172 square feet of paving and sidewalks and an artificial turf playing surface. AT&T Stadium - Home of the Dallas Cowboys Dallas, Texas PAGE 37 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX AT&T Stadium - Home of the Dallas Cowboys Dallas, Texas Artificial Turf Field Concessions Locker Rooms Stadium Large Site / Infrastructure CMAR PROJECT RELEVANCY 08/2006 Aerial PAGE 38 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Kalea Bay Naples, Florida Form 8: Reference Questionnaire Solicitation: 17-7198 -CMAR for Collier County Sports Complex Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: ___________________________Completion Date: _____________________________ Project Budget: _______________________________Project Number of Days: _______________________ Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Manhattan Construction Gordon Knapp Dick Corace Lodge / Abbott Associates, LLC margoq@morayabay.com N/A (239) 821-2700 Kalea Bay Tower 1 10/2017 $91M 897 calendar days 10 10 10 10 10 10 10 10 10 10 100 PAGE 39 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Kalea Bay Naples, Florida Owner: Lodge / Abbott Associates, LLC Bob Neurock (561) 757-0104 bob.neurock@soave.com Architect: WDG Architects Dallas, TX Project Cost: $91,558,298 Project Size: 533 acres Project Schedule: 05/2015 - 10/2017 Awards: Best Interior Merchandising Rental Apartment or Condominium 36th annual Aurora Awards: Grand Aurora: Kalea Bay Malibu Model Kalea Bay Tower One a 23-story, 120-unit condominium tower focused towards high-end finishes. The building is approximately 734,750 square feet. There are 255 parking spaces; 20 of which are reserved private garage spaces. The roof deck consists of a pool, club room, exercise room, barbecue amenities, and restrooms. The building exterior will consist of stucco, applied tile finishes, and metal roofing. The building is a concrete structure with a post tension cable reinforcement system. The arrival deck will contain a a concrete topping (either stamped or exposed aggregate), a fountain, and numerous trellis’. The building will have six elevators; three service and three private/passenger elevators. The project is set on a 533-acre site. Included in the site development was the site clearing, excavation of a 5-acre and 2-acre lake and the installation of roads and utility infrastructure. The project site includes an eagle’s nest and preserve areas. There are certain areas of the project site that are to remain untouched without federal permits and site work within the eagle radius is prohibited during eagle season. PAGE 40 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Southwest Florida Project Large Site (533 acres) Large Utility Infrastructure Large Contract ($90M+) New Roads & Parking CMAR Kalea Bay Naples, Florida PROJECT RELEVANCY 05/2015 Aerial 09/2017 Aerial PAGE 41 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Owner: Frisco Stadium LLC John Wagner (214) 720-1688 jwagner@unityhunt.com Architect: HKS, Inc. Dallas, TX Project Cost: $30,000,000 Project Size: 4 acres / 112,000 sf Project Schedule: 05/2016 - 12/2017 The Toyota Stadium renovation is a multi-faceted project for Frisco Stadium LLS, a collaborative partnership between FC Dallas and the City of Frisco. The project involves the removal of the existing south concourse, seating bowl and a portion of the existing outer buildings. In its place, Manhattan will rebuild a new locker room level that will have tunnel access to field level. This level will also include a press and interview room as well as club space that opens to a deck area overlooking the field. The concourse level will be rebuilt to include a premium entry to the facility, new team store, club space, concessions and open terraces. The upper level of the new south structure will serve as the future home of the US Soccer National Hall of Fame. Within the footprint of the new structure all soils will be excavated down to the rock level and backfilled in compacted lifts with an engineered fill to prevent any settling. Manhattan’s sports background provides the owner with a deep insight into the market, up-to-date budget pricing figures, established relationships with the designers and subcontractors, as well as the ability to anticipate details and issues. Toyota Stadium - Home of the FC Dallas MLS Soccer Team Frisco, Texas PAGE 42 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Stadium Project Concessions Locker Rooms Complex Soil Issues Iconic Sports Venue CMAR PROJECT RELEVANCY Toyota Stadium - Home of the FC Dallas MLS Soccer Team Frisco, Texas PAGE 43 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Hyatt Regency Coconut Point Amenity Expansion Bonita Springs, Florida Form 8: Reference Questionnaire Solicitation: 17-7198 -CMAR for Collier County Sports Complex Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: ___________________________Completion Date: _____________________________ Project Budget: _______________________________Project Number of Days: _______________________ Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Hyatt Regency Coconut Point Resort and Spa - Amenity Expansion 11/2016 $5.8M 246 calendar days Manhattan Construction Gordon Knapp Brad Marman Hyatt Corp. brad.marman@hyatt.com (407) 264-9666 (407) 264-9777 10 10 10 10 10 10 10 10 10 10 100 PAGE 44 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Owner: Hyatt Corporation Brad Marman (407) 264-9777 brad.marman@hyatt.com Architect: EDSA Fort Lauderdale, FL Project Cost: $5,897,757 Project Size: 1 acre Project Schedule: 03/2016 - 11/2016 The Amenity Expansion at the Hyatt Regency Coconut Point Resort & Spa includes developing an adjoining one-acre site with a slide tower, lazy river pool that wraps around the site, lush landscape and amenities. The slide tower includes have theming elements on the top platform to make it resemble a tree house structure coming out of the trees. The tower has two speed slides and one tube slide. The site will have a dedicated spot for food trucks to serve the guests and these will be changed periodically to enhance the experience. The project was originally priced by two other contractor’s that was above the owner’s budget. Through a vigorous value management exercise, Manhattan was able to complete the project within the owner’s budget without sacrificing the design intent or quality. The project had zero contractor initiated change orders. Hyatt Regency Coconut Point Amenity Expansion Bonita Springs, Florida PAGE 45 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Southwest Florida Project Concessions Complex Site Complex Infrastructure CMAR PROJECT RELEVANCY Hyatt Regency Coconut Point Amenity Expansion Bonita Springs, Florida EVALUATION CRITERIA NO. 3: PROJECT APPROACH, WILLINGNESS TO MEET TIME AND BUDGET REQUIREMENTS This is a 3-D model we built to illustrate what the Collier County Sports Complex could look like. PAGE 46 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX The success of the Collier County Sports Complex begins with a clear understanding of the project vision, direction and Collier County’s goals. This allows for a prepared approach that is well thought out where time and costs have been evaluated and the best path forward is agreed to by all stakeholders for the final vision to be turned into reality. The final goal? A world-class facility that is utilized year-round by local residents and visitors alike. 3. Project Approach, Willingness to Meet Time & Budget Overview of Team Resources & Approach to the Project Resources Needed for this Project To begin the process of preconstruction services for the Collier County Sports Complex with an approved budget between $65M and $85M, we have assembled a team that are available and have the expertise for each component of construction dictated by the phasing in the RFQ. This team is well balanced having experience with large local sites, knows the local subcontractors, has built local and national sports complexes and lives in close proximity to the project. Our experience includes 68 sports complexes comprised of 11.5 million square feet and valued at more than $3.4 billion. Our on-site staff members have not only completed multiple projects together, but they also live less than 15 minutes from the project site. Our 60,000-square-foot office with our support staff is also 15 minutes from the site and less than 10 minutes from your offices. Resource Allocation To Meet Each Phase & Major Element of the Project The team’s roles for preconstruction and construction are on the following two matrix illustrations that defines what part of the project our team members are assigned to and what their roles are during preconstruction and construction phase will be. Preconstruction Phase - Resource Allocation City Gate 60-acre Site / LakeCity Gate 60-acre Fields & Vertical ConstructionStadiumField House305 SiteProgramCost EstimatePermittingPlanning / SchedulingPhasing PlanSite UtilizationDocument CoordinationBuyout / Purchasing (Long Lead Items)ConstructabilityQuality ControlSafetyGordon Knapp Principal-in-Charge  Greg McClure VP Sports - Project / Preconstruction Director  David Steger Project Manager  Ingrid Arencibia Assistant Project Manager  John Cowart Senior Superintendent  Mauricio Pastor Site Superintendent  John Begani Chief Estimator  Dean Ramineh Safety Director  KP Pezeshkan Vice President - Project Liasion  PAGE 47 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Construction Phase - Resource Allocation City Gate 60-acre Site / LakeCity Gate 60-acre Fields & Vertical ConstructionStadiumField House305 SiteDirect Material Purchase Tax SavingsCost ControlCoordination MeetingsSchedulingPhasing PlanSite UtilizationSchedule of ValuesLong Lead Item TrackingConstructabilityQuality ControlSafetyGordon Knapp Principal-in-Charge  Greg McClure VP Sports - Project / Preconstruction Director  David Steger Project Manager  Ingrid Arencibia Assistant Project Manager  John Cowart Senior Superintendent  Mauricio Pastor Site Superintendent  John Begani Chief Estimator Dean Ramineh Safety Director  KP Pezeshkan Vice President - Project Liasion  3. Project Approach, Willingness to Meet Time & Budget Overview of Team Resources & Approach to the Project Project Planning We would like to suggest having several planning sessions that would include the County Staff, Manhattan Construction team, engineers and design professionals. These planning sessions would be conducted as program/design charrettes. We have already identified a group of local experts, that will be no additional cost to the tax payers, to be included in the programming and design charrettes. The individuals are local residents: Matt Birk, former NFL Superbowl Champion, Paul Williams, a former professional soccer player & current director of coaching for the Florida Fire Juniors, Clark Minker, owner of Wilmington Blue Rocks - a minor league baseball teams (affiliate of Kansas City Royals), and a team representative from Football University (FBU). Matt Birk NFL Superbowl Champion Paul Williams Former Professional Soccer Player Clark Minker MLB Minor League Team Owner Local Experts We have also spoken with several other similar facilities around the country and many of their staff would be more than happy to either come in person or communicate over video conference to help in the programming and design effort. The idea is to get input from the end users, managers, coaches and players who have spent much of their lives at these types of facilities and gain their knowledge and their lessons learned so we may incorporate those ideas. PAGE 48 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX We’ve Done Our Homework Our team has spent months discussing this project and preparing for this moment. We have attended all the Collier County Commission meetings and discussions related to the Sports Complex, we have met with the current land owner Ron Rice, we’ve met with various engineers such as Davidson Engineering, we’ve reviewed all associated documents, we’ve met with numerous sports vendors representing lighting, turf, seating and site and utility contractors. We have spoken to several other sports complexes around the country to discuss their programs and the lessons learned. The on-site project team also attended the open house that was sponsored by the City Gate hotel and current land owner Ron Rice, and we have closely reviewed and attended the public meetings for the County’s turf standardization RFQ to standardize all fields within the County. We have also had an engineer take soil samples from Sports Complex site to have them tested in order to determine the quality of the soil on site and have determined the soil to be suitable. Once we gathered all the information, we have taken the site plan that you provided and created a virtual model in 3-D that represents the current layout of the Collier County Sports Complex. (see imageabove to right) By building this 3-D model, we are able to construct the project virtually from the ground up. We are able to show construction sequencing, phasing and logistics. This 3-D representation has also helped us workout some of the bugs, and prepare an accurate schedule that ensures the first phase can be completed for the fall 2019 season. Artificial Turf While the County will not have selected its preferred vendor by the time our proposal is submitted, we know how important selecting the right turf is. Life cycle, warranty, UV protection, fade, slope, shock, and vertical deformation are some of the factors to consider. We have met with several turf vendors and understand the types and installation requirements. Field Lighting Field lighting is a major investment and we have already met with several vendors regarding this project. There are an array of suppliers and lighting options and there are specific lighting requirements for various levels of play and for video capture on either the stadium field or practice fields. Energy consumption also is critical when determining what type of lighting to be utilized. For example, at AT&T Stadium (Dallas Cowboys), GE was a sponsor when be built the original stadium. Years later, the owner decided to change the GE lighting to the new Musco LED system that reduced energy consumption by 76%, increased light levels by 42%, and provided ideal lighting for high definition videography. 3. Project Approach, Willingness to Meet Time & Budget Overview of Team Resources & Approach to the Project Collier County Turf Standardization Shortlist Meeting 3-D model image of your project. KP Pezeshkan attended. PAGE 49 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX 3. Project Approach, Willingness to Meet Time & Budget Overview of Team Resources & Approach to the Project Schedule Knowing the status of the permits is also beneficial to preparing a realistic schedule. We know that by 01/2018 permits for the 60 acres will be available to clear and dig the 10-acre lake. We can begin this portion of the work early (approximately 5-7 months), while the rest of the project is designed. On the other hand, the Collier County 305 parcel is un-entitled with no local, state or federal permits. Due to the recognized wetlands, zoning requirements, and other general permits, this site is approximately 2.5 to 3 years from being shovel ready. Army Corps of Engineers and U.S. Fish and Wildlife permitting alone (mitigation, etc.) will take at least 28 months. We have prepared a schedule that is capable of delivering the eight sports fields, changing rooms, public restrooms and associated building, parking, stadium, and the field house by October 2019. Fall 2019 Delivery The measures we will use to define success on this project is delivering the project for the fall 2019 season within budget. This delivery date is contingent on site clearing and digging the lake in advance of completing the design. The current subsurface conditions contain dense lime rock at a very shallow elevation. The County has limited the use of explosives to break up the rock in the lake area to minor blasting due to proximity of the water treatment plant. The lake is approximately 10-acres in area and will be between 17 and 20 feet in depth. In order to excavate through rock, we may need to use other means such as large trenchers, chippers and large excavators if minor blasting becomes costly and/ or dangerous. Once excavated, the material will be separated into three piles: 1. Organic Material 2. Suitable Fill 3. Rock. The rock will be crushed and turned into rip-rap and gravel, the fill may require to be cleaned and the organics can be used in the berms or other designated areas. Any unsuitable fill will be hauled off site. The 10-acre lake will take six months to complete. The underground pipe that needs to be installed has a similar time sensitive nature. Due to the subsurface rock conditions, in order to meet the schedule we will need to use a large trencher that is not readily available in the state. However, we have identified several vendors that are eager to be considered for this project and have worked on the City Gate site before when installing the lift station. We have identified this on our schedule and discussed getting an early design package out, pricing this early and start trenching and installing all the underground and lake excavation. Another critical element is power. The electrical room for this project will need to be centrally located in order to keep the costs down for feeding the building and the site and field lighting. There are various limitations to some of the new LED lighting systems that need to be taken into account and will reduce the cost of this project if followed. PAGE 50 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Site Work & Lake Excavation Our team has extensive knowledge and data for this site. We have completed several studies on this site in collaboration with Davidson Engineering. The most recent was for the Atlanta Braves project that the County was considering. We are also very familiar with the City Gate PUD requirements. For the site work we have selected Mauricio Pastor, our local superintendent who built the North Collier Regional Park, the Naples Botanical Gardens, the Gordon River Greenway, Ave Maria site work, and has specialized in site work his entire career and lives 10 minutes away from the site. He has extensive experience in this area and has experience blasting rock, if deemed a possibility. The critical path with the site work will be the excavation of the lake because we are reclaiming the material to be used on the balance of the site. However, for the fields, we will need to examine the percolation properties of this fill to ensure it meets the requirements necessary for the synthetic fields to drain. The lake excavation will be a substantial cost savings to the project by significantly reducing the amount of imported fill. We have two options to dig the lake. Using small explosive charges to break up the dense rock below, or cut, chip, and excavate. We have examined both and there are two major factors that can affect the bottom line; time and money. We will present a cost benefit analysis to the county in order to make informed decisions. Vertical Construction John Cowart, our senior superintendent will oversee the construction of the buildings, the field lighting, the entry features and the turf installation. John is well aware that scheduling the construction of the fields is critical as the turf vendors tend to get busy when the professional leagues end their season and need repairs. The field drainage system is critical in addition to the subsurface conditions for proper drainage as 80% of the water sheds through the system into the ground rather than the field drains. As for the stadium, it can run concurrently with the sports fields, and be completed in 10 months, or pushed out further if funding is not yet available. John Cowart along with David Steger will oversee the construction of the Field House. Both John and David have experience with these types of large multi-use buildings that are used for sports, conventions and concerts. The Field House has a duration of 13 months. It can also run concurrently with the other projects, or be pushed out in the event funding is not available. Keep in mind that if the projects are not constructed simultaneously, the cost of the project will be affected. Construction activities are then being done on an active campus with adults and children in close proximity. Once the stadium is complete, access to the field house site will have it’s challenges such as staging and logistics unless we are granted access from the 305 site. For more than 49 years this community has trusted us to build iconic buildings throughout our community. We would be honored to build another one that will serve our children and grandchildren, as we are builders in the community in which we live. 3. Project Approach, Willingness to Meet Time & Budget Overview of Team Resources & Approach to the Project 2018 2019 2020 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar AprIDDescriptionOriginal Duration Start Finish Preconstruction / Design / Permitting 10 Preconstruction / Design / Permitting - 9 Months 230 01/08/18 10/02/18 20 CM Prepare Master Control Budget 40 01/08/18 02/22/18 30 Design - Lake Construction Documents 60 02/23/18 05/03/18 40 Architectural Design Phase 130 05/04/18 10/02/18 50 CM Prepare GMP Early Bid Packages 30 05/04/18 06/07/18 60 Site Mobilization / Layout & Clear Trees 25 05/04/18 06/01/18 70 Excavate Lake / Stockpile Spoils (157,300 CY)156 06/02/18 11/30/18 80 CM Prepare GMP Sports Complex 30 08/29/18 10/02/18 Construction 90 Construction Duration (HAMMOCK) - 13 Months 345 10/08/18 11/13/19 Field House 100 Dig, Form, Steel & Pour Ground Slab 30 10/08/18 11/10/18 110 Shell / Structure 200 11/12/18 07/02/19 120 Interior / Exterior Finishes 110 07/03/19 11/07/19 Championship Venue 130 Set & Compact Limestone Base (1,200 CY)20 01/03/19 01/25/19 140 Foundations / Stadium Seating 215 01/26/19 10/03/19 150 Roll, Sew, Inlay & Infill Turf Field 30 10/04/19 11/07/19 Recreational Support Building 160 Dig, Form, Steel & Pour Ground Slab 20 02/07/19 03/01/19 170 Shell / Structure 120 03/02/19 07/19/19 180 Interior / Exterior Finishes 95 07/20/19 11/07/19 Sitework 190 Clear Trees / Root Rake Site 22 10/08/18 11/01/18 200 Import Fill (102,535 CY)65 10/08/18 12/21/18 210 Grade Site, Proof Roll & Fill 50 10/25/18 12/21/18 220 Rock Trenching for Underground Utilities 96 11/02/18 02/21/19 230 Install Underground Utilities (41,663 LF)95 12/07/18 03/27/19 Multipurpose Fields 1 - 8 240 Install Trench Drains Fields 1 - 8 10 12/22/18 01/02/19 250 Set & Compact 57 Stone Base (11,025 CY)10 01/03/19 01/14/19 260 Set & Compact 89 Stone Base (2,205 CY)10 01/15/19 01/25/19 270 Rollout & Sew Turf Fields 1 - 8 25 01/26/19 02/23/19 280 Inlay / Infill Process Fields 1 - 8 50 02/25/19 04/23/19 Sitework Cont. 290 Layout Roadways & Parking 5 04/24/19 04/29/19 300 Set & Compact Limestone Base 20 04/30/19 05/22/19 310 Install Site / Field Lighting 60 03/28/19 06/05/19 320 Lay Asphalt (163, 641 SqY)20 05/23/19 06/14/19 330 Install Site Landscaping 30 06/06/19 07/10/19 Maintenance Building 340 Dig, Form, Steel & Pour Ground Slab 15 03/28/19 04/13/19 350 Shell / Structure 35 04/15/19 05/24/19 360 Interior / Exterior Finishes 35 05/25/19 07/04/19 Restrooms 1 - 4 370 Dig, Form, Steel & Pour Ground Slab 20 04/15/19 05/07/19 380 Shell / Structure 25 05/08/19 06/05/19 390 Interior / Exterior Finishes 25 06/06/19 07/04/19 Bleachers 1 - 10 400 Dig, Form, Steel & Pour Ground Slabs 30 05/08/19 06/11/19 410 Install Prefabricated Bleachers 10 06/12/19 06/22/19 Close-Out 420 Final Site Inspections / Substantial Completion 5 11/08/19 11/13/19 Project StartProject FinishPreconstruction / Design / Permitting - 9 Months CM Prepare Master Control Budget Design - Lake Construction Documents Architectural Design Phase CM Prepare GMP Early Bid Packages Site Mobilization / Layout & Clear Trees Excavate Lake / Stockpile Spoils (157,300 CY) CM Prepare GMP Sports Complex Construction Duration (HAMMOCK) - 13 Months Dig, Form, Steel & Pour Ground Slab Shell / Structure Interior / Exterior Finishes Set & Compact Limestone Base (1,200 CY) Foundations / Stadium Seating Roll, Sew, Inlay & Infill Turf Field Dig, Form, Steel & Pour Ground Slab Shell / Structure Interior / Exterior Finishes Clear Trees / Root Rake Site Import Fill (102,535 CY) Grade Site, Proof Roll & Fill Rock Trenching for Underground Utilities Install Underground Utilities (41,663 LF) Install Trench Drains Fields 1 - 8 Set & Compact 57 Stone Base (11,025 CY) Set & Compact 89 Stone Base (2,205 CY) Rollout & Sew Turf Fields 1 - 8 Inlay / Infill Process Fields 1 - 8 Layout Roadways & Parking Set & Compact Limestone Base Install Site / Field Lighting Lay Asphalt (163, 641 SqY) Install Site Landscaping Dig, Form, Steel & Pour Ground Slab Shell / Structure Interior / Exterior Finishes Dig, Form, Steel & Pour Ground Slab Shell / Structure Interior / Exterior Finishes Dig, Form, Steel & Pour Ground Slabs Install Prefabricated Bleachers Final Site Inspections / Substantial Completion Page 1A 5 MONTHS EARLY SITEWORK / 13 MONTHS SPORTS COMPLEX COLLIER COUNTY SPORTS COMPLEX PAGE 52 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX 1. Prepare Master Control Budget Manhattan understands the scope of the Collier County Sports Complex and even though the concept of the scope is just evolving, we have prepared a mock design of the sports complex to illustrate how we will go about executing the project. Manhattan is uniquely qualified to prepare the Master Control Budget for the project because we have current historical data from which to inform the County on how much each project component will cost and how long it takes to construct. The Master Control Budget will be used to control the direction of the design so that it remains on track. Before the design begins, the County must approve the Master Control Budget and strict compliance to the Master Control Budget is required by all going forward. 2. Report Budget Compliance Monthly Each month, particularly during the preconstruction phase, Manhattan will prepare a report which assesses progress of design for schedule adherence and alignment to the Master Control Budget. The Master Control Budget will include descriptive assumptions about each component of the budget and any deviations as the design develops will be alerted to the team on a monthly basis. 3. Prepare and Implement Solutions We expect occasional changes to occur during the design process that will affect the budget. As an example, the County might want to explore the cost of using a barrel roof architecture to the field house rather than a straight flat roof. Manhattan will immediately determine the cost implications of different design options and report to the County what options can be implemented to save money on other parts of the facility to offset the cost increase for a particular design change. To take a deeper dive into these three steps we begin with the master control budget and how it is developed by utilizing the following information: • The County’s vision • Site plans • Reports • Known site conditions • Discussions with subcontractors and vendors • Team meetings • Tours of other facilities • Discussions with engineers and design professionals • Key components such as number of fields, stadium seating, indoor facilities, concessions, changing rooms, public facilities, seating areas, lighting, parking, walkways, and so on. As we compiled this information during the past year, we have created a 3-D model that reflects your vision through our interpretation at this point. An actual model is extremely helpful to the team to review and dissect every component of the project and dedicate a value to each part and piece in the programming and preliminary design phases where the opportunities to control project costs are greatest. This is the very moment we define the cost of the project. From this moment on, the design and construction costs have a threshold that will not be crossed. All phases need to have a budget prepared and those costs clearly defined. Since the 305 phase will be constructed a year or more after phase one, we will need Manhattan considers the process of managing the overall cost of the project as its single highest priority and responsibility during the preconstruction phase. This task entails providing reliable budgets at all times and instituting mechanisms to alert the Owner if the project is straying off target. We institute three primary steps to managing the overall cost of the project as follows: 3. Project Approach, Willingness to Meet Time & Budget Concept of Managing Overall Cost of the Project PAGE 53 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX to know what it will cost down the road due to rising or declining costs in the labor and material market. We have already completed this process, and we have continued to refine our figures to accurately depict what this project will cost. We are already well ahead of the game, having spent more than seven months conducting due diligence, exploratory work, evaluating, quantifying, speaking with local subcontractors and vendors, collaborating with team members, reviewing all associated documents available and creating a conceptual budget analysis and schedule. If selected as your construction manager, we can complete the process in a much more efficient and timely manner as we have already compiled most of the information and are months ahead. Our control budget must reflect the County’s budget for the current vision. This control budget becomes the guideline for the design team to adhere too. Costs during the design phase must have a defined scope, a clear path, a fixed program, understanding of the schedule of the entire park and some agreed upon contingencies. Contingencies important to the success of this project. The various contingencies are: Design Contingency – When preparing a budget for a project that is not designed, has no specifications, details, scope and so on, we need to make assumptions and utilize our local and national historical data to prepare a budget or cost opinion that reflects the desires and vision of the County. Once the design process starts, the further along the design, the design contingency is eliminated. Owner Contingency – This is your contingency. While we all strive to get it all right at the preconstruction and design phase, there are times owners decide they need to add something to enhance the project. In the case of this project, some examples could be security cameras, more landscaping, additional stadium seating, adding more walkways or changing the sidewalks from asphalt to concrete or pavers. Cost Escalation Contingency – When certain phases are years out such as the 305 property with the ball fields and concessions, we need to forecast what the construction market may be two to three years down the road to ensure the budget set today, covers the construction cost. Commissioners do not like to be asked for more money once a budget has been approved. The contingencies are there to protect the overall budget of the project. We don’t want to say $65M without any contingencies and down the road it’s $70M. If this occurs, the project is in jeopardy and the process either dies or starts all over. To start with we have a target budget. We begin by dissecting the project into phases and sub phases. Then we dissect those sub phases to even smaller components. The county has already defined the phases for this project in the RFQ. We have broken each of the four phases down even further. To control cost, we need to know what every component costs. We need to have alternate options, look at various means and methods of construction, materials, and consider the life span of materials. We need to control the cost of the project upfront to ensure the final budget of all the phases including the 305 property are within the County Commissioners approved budget. So before we start with looking at just the first phase, we really need to have a design for the entire project, as decisions for one can have a grave impact on the other if not properly planned. For example: On first phase of the 60 acres we have utilities, stormwater, Batter’s Eye Vehicle Advertisement Project The Batter’s Eye Vehicle Advertisement project consisted of a structural steel car rack and support- ing members at the existing Batter’s Eye Club in center field at Globe Life Park, home of the Texas Rangers as part of a sponsorship from Hyundai. We have a wealth of naming and sponsorship ideas that we have encountered on past sports projects that we can share to generate maximum value for Collier County. 3. Project Approach, Willingness to Meet Time & Budget Concept of Managing Overall Cost of the Project PAGE 54 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX paving and grading, 8 multipurpose ball fields, amenities, lighting, irrigation, perimeter landscaping, etc. We know that an electrical room centrally located is crucial to saving dollars for all the phases. So we need to keep the big picture of the entire project in mind when making decisions for the current task at hand. During the pre-construction phase, we will work hand in hand with the selected design team to ensure they design to the control budget that has now been set in place. Preconstruction Phase Preconstruction is the phase in which Manhattan Construction provides the County four complete budgets. We currently foresee providing four budget updates for the following design phases: Budget Update #1 - Schematic Design – This is where the design team takes the vision, program information, cost control budget, and team dialogue to create a schematic design that reflect the County’s desires. An initial design scheme is to define the general scope and conceptual design of the project including scale and relationships between building components. At the end of the schematic design phase, the architect will present some very rough sketches to the owner for approval. We then provide a cost analysis for this design phase to ensure it continues to reflect all the desired components of the project, while remaining on target with the control budget we have set up front. This is where we discuss various unknowns and look issues, options and find solutions so we can move forward to the next phase. Budget Update #1 - Design Development - This is a transitional phase of the architect/engineer (A/E) services in which the design moves from the schematic phase to the construction document phase. In this phase, the A/E prepares drawings and other presentation documents to crystallize the design concept and describe it in terms of architectural, and may have some electrical, mechanical and structural system information. In the design development phase, we once again continue to update our budget based on a more detailed design that includes a little more scope. Once again the goal is to keep the design in check with the control budget. 3. Project Approach, Willingness to Meet Time & Budget Concept of Managing Overall Cost of the Project Print Date: 10/12/2017 Time Stamp: 1:56 PM VOA ALF THE PRESERVE BP02A SITEWORK_VIBRO Page 1 of 1 2 4 5 7 8 10 7/28/2017 dated THE PRESERVE VOA ALF MCC MCC BLUEWATER CLARY'S EHC QUALITY ENT WPM SOUTHERN SOUTH FLORIDA BID PACKAGE 02A SITEWORK / SITE DEMO / VIBRO COMPACTION UNIT COST CHAD M MARK NOTTINGHAM TONY HAMILTON LARRY BENJAMIN BILL LEONI RUSSELL ANDERSON LINE #T (239) 643-6449 T T (239) 997-4004 T (239) 254-6050 T T (239) 435-7200 T (810) 606-1400 T T (239) 596-8111 T COST M M M M M M M (123) 456-7890 M M M Prepared By: JOHN BEGANI 452,746 379,724 546,531 364,250 1,048,000 487,605 2012 MGP Manhattan General Provisions signed/on file ??????????? Bondable (Yes / No)??????????? Surety Name ??????????? Bond Rate (ADD for Bond)??????????? Include Full Sales Tax (Yes / No)pick one ?Y INCL 13677 ????Y INCL 5800 ???? Bid pricing good for 90 days ??????????? KEY SCOPE OF WORK QUESTIONS Per Plans and Specifications dated ??????????? Addenda #??????????? Geotech Report ??????????? 02200 Site Preparation, excavtion and Earthwork for Foundations ??????????? ??????????? ??????????? 00 2260 Vibro Replacement Wet Top Feed (Allowable Bearing 5000 psf)54,000.00 SQFT 1.40 75,600$N 71,000 N 71,000 N 71,000 N 71,000 N 71,000 Y N 71,000 00 2310 Mobilization 1.00 LSUM 18,500.00 18,500$Y Y Y Y Y N Y 00 2310 Temporary Gravel Construction Entrance 2.00 EACH 3,500.00 7,000$Y Y Y N 7,000 Y N Y 00 2310 Silt Fence 1,964.00 LNFT 1.55 3,044$Y Y Y Y Y N Y 00 2310 Silt Fence around Property 2,092.00 LNFT 1.55 3,243$Y Y Y Y Y N Y 00 2310 Existing Inlet Protection 4.00 EACH 110.00 440$Y Y Y Y Y N Y 00 2310 Clearing and Grubbing 4.94 ACRE 3,500.00 17,290$Y Y Y Y Y N Y 00 2310 Site Fill (Building Pad)33,285.00 CUYD 13.25 441,026$Y 32616 CUYD Y 29852 CUYD Y Y 14000 CUYD Y N Y 32785 CUYD 00 2310 Building Pad Construction 6,779.00 SQYD 2.15 14,575$Y Y Y Y Y N Y 00 2310 Proofing Rolling (parking Lot)6,614.00 SQYD 0.60 3,968$Y Y Y Y Y N Y 00 2310 Construct Swale 555.00 LNFT 11.00 6,105$Y Y Y Y Y N Y 00 2310 Final Grade 23,908.00 SQYD 1.35 32,276$Y Y Y Y Y N Y 00 2311 Gravity Wall along Loading Dock Area =2.0' ht.70.00 LNFT 175 12,250$N 12,250 Y w/ PAVING N 12,250 Y N 12,250 N Y -Temp 4" Crushed Concrete @ Bldg Perimeter (Crane Path)2,305.00 SQYD 8.50 19,592$N 19,592 N 19,592 N 19,592 N 19,592 N 19,592 N 19,592 09/28/17 ACHA / PERMIT SET BID ADJUSTMENT (ADD / DEDUCT / NO CHANGE)ADD 19,592 Complete Scope (If Yes, TYPE Y in Column J, L, N, P, R, T, or V)Y Y Y Y y N Y SUBCONTRACTOR / VENDOR QUOTE (from above)-$ 452,746$ 379,724$ 546,531$ 364,250$ 1,048,000$ 487,605$ SCOPE ADJUSTMENT TOTAL (from above)820,523$ 102,842$90,592$102,842$97,592$102,842$90,592$ SUBTOTAL 820,523$555,588$470,316$649,373$461,842$1,150,842$578,197$ SALES TAX x.xx % (Add for Material Only Pricing)0.00%-$-$-$-$-$-$-$ SUBTOTAL 820,523$555,588$470,316$649,373$461,842$1,150,842$578,197$ SDI / BOND (w/ SUMMARY)0.00%-$-$-$-$-$-$-$ GRAND TOTAL including scoped cost 820,523$ 555,588$ 470,316$ 649,373$ 461,842$ 1,150,842$ 578,197$ DID NOT BID 1ST TIME Preconstruction Leader: John Begani Project Manager MCC QUANTITIES Approved by MCC Risk Management for Amount of Proposed Subcontract Furnish & install all work per drawings and specifications regardless of quantities stated on proposal Universal Engineering Services Geotech Report dated Feb 28, 2017 Bid Tabulation Sheets As part of our transparent processes, we generate bid tabulation sheets for different divisions to ensure that bidders are bidding the same scope and don’t miss anything. This is a sample for sitework on a recent project. PAGE 55 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Here we again collaborate with the design team, but now engage some of the subcontractors for feedback on components such as the mechanical systems, window systems, drainage needs for the fields and so on. Budget Update #3 - Construction Documents – At this phase of the design, the drawings are almost complete, however still lacking some information and the structural information will need to be completed. Our objective is to aid the design team in designing this project once and streamlining the process with a collaborative approach and open lines of communication. Once again, we update the budget to ensure it stays in line with the control budget. Final Budget - Guaranteed Maximum Price – Here we have a complete set of drawings. These drawings have been thoroughly reviewed, scrubbed, analyzed and priced. We now have provided you with a price that not only reflects the design, but also guarantees the cost will not exceed the approved County budget. This entire process is extremely transparent. You know what we know. We have an open book process that provides you with all of our data, calculations, take- offs, subcontractor and vendor quotes and so on. All this information will be meticulously put together in a clear and easy to review format for you and you staff to review. You have asked us about our past project performance that demonstrates our ability to meet your budget including change order history on similar projects. Below is a summary of the responses on our reference projects to the first question - “Ability to manage the project costs (minimize change orders to scope).” 3. Project Approach, Willingness to Meet Time & Budget Concept of Managing Overall Cost of the Project jetBlue Park - Boston Red Sox Spring Training FacilityCenturyLink Sports Complex - Hammond StadiumNaples Botanical GardensTDECU Stadium at the University of HoustonIsland Coast High SchoolFord Center at The Star in FriscoAT&T Stadium - Home of the Dallas CowboysKalea BayHyatt Regency Coconut Point Amenity ExpansionAbility to manage the project costs (minimize change orders to scope). (Scale of 1-10 with 10 being very satisfied) 10 10 10 9 10 9 9 10 10 “The professionalism and knowledge of your employees positively contributed to the overall success of this project, completing a facility that perfectly meets our needs. The work was performed in a timely manner while meeting all of our quality standards for performance. All issue resolution was met with innovative alternatives in a timely and effective manner that resulted in reduced cost and improved maintainability that has benefited the County. They are recognized leaders in the construction industry and a partner, who understands goals, embraces them and enhances them. We continue to be impressed with the spirit of teamwork that Manhattan displays each step of the way with a project. Once again, thank you for making our beautiful new facility a reality. We look forward to working with Manhattan Construction in the future and highly recommend them for future projects.” - Bob Taylor, Senior Project Manager Lee County Government CenturyLink Sports Complex Ft. Myers, FL PAGE 56 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Monthly Project Status Reports During the Construction Phase The team conducts monthly internal audits/job cost status reports that are reviewed by the entire team and with senior management. The schedule is updated weekly, with three to four week look aheads and daily logs are kept and reviewed. Comprehensive monthly project status reports are prepared and serve as the basis for the monthly owner, architect and contractor meeting that include an overview of the entire project that includes: • Executive summary • Financial analysis • Construction Schedule • Cost Event Logs • Request for Information logs • Submittals • Construction Photos Fundraising 3. Project Approach, Willingness to Meet Time & Budget Concept of Managing Overall Cost of the Project North Collier Regional Park 15000 Livingston Rd, Naples, F L 3 4 1 0 9 January 2006 –Monthly Progress Report MONTHLY OVERVIEW -Fields -Irrigation -Paving -Site Lighting -Boardwalks REPORT CONTENTS Cover Letter 1.Executive s ummary 2.Preconstruction status 3.Financial analysis 4.Construction schedule 5.Change order log 6.Request for information 7.Submittal log 8.Construction photos 3705-1 Westview Drive, Naples, Florida 3 4 1 0 4 |t 239.643.6000 f 239.643.6030 |www.manhattanconstruction.com Manhattan Job # 7600 Architect: Burke Hogue Mills & Associates Project Owner: Collier County Government North Collier Regional Park 15000 Livingston Rd, Naples, FL 34109 January 2006 -Monthly Progress Report Cover Letter 1 Executive Summary 2 Preconstruction Status •Document deliverable status •Buyout status 3 Financial Analysis •Monthly billing •Cash flow forecast •Allowance tracking •Contingency tracking 4 Construction Schedule •Schedule narrative •Schedule update 5 Change Order Log •PCCO l og •AR l og •Cost events log (CEs) 6 Requests for Information (RFIs ) •RFI log •September 2017 RFI submissions 7 Submittals •Submittal package s ummary log •September 2017 submittal register 8 Construction Photos •Aerial photography •Progress photos Monthly Project Status Reports We issue project status reports monthly to the entire team to document everything about the project. Fundraising & Sponsorships In addition to overall cost management we would also extend our experience in aiding the county with fundraising and sponsorships opportunities. We have been an active member of the Naples community since 1968 and understand the importance of philanthropic dollars needed for projects such as yours. To take it a step further, our staff, senior staff and the owners of our organization have not only participated, but have chaired numerous events over the past four decades. The NCH Heart Ball, Celebration Reading, Angel Ball, Naples Botanical Gardens, Children’s Museum, Education Foundation, Golden Apple, Pirates Ball, Sea Crest Schools, Community School of Naples, Naples Zoo, Edison Festival of Lights, Edison College Foundation, FGCU Founders Cup, Presidents Celebration, FGCU Night at the Nest, Avow Hospice, Hope Hospice, Naples Winter Wine Festival, Ave Maria, Big Brothers Big Sisters, Naples United Arts Council and Junior Achievement to name a few. We support our communities in which we build and we support what we believe in - youth sports and bettering our community. Creative Fundraising We helped the YMCA come up with a creative way to raise funds for their Sneaker Ball - giant foam sneakers that were painted and used to raise money. EVALUATION CRITERIA NO. 4: RECENT, CURRENT, AND PROJECTED WORKLOADS OF THE FIRM This is a 3-D model we built to illustrate what the Collier County Sports Complex could look like. PAGE 57 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX This criterion measures the team’s proposed resources for the project and their availability to complete all elements of this project with regards to the closeout of recent work, current workload, and projected projects that could impact the completion of this project. Below is a listing of the recent, current and projected workload of our Southwest Florida office. 4. Recent, Current & Projected Workloads of the Firm 2018 2019 PROJECT J F M A M J J A S O N D J F M A M J J Gordon River Pedestrian Bridge & Associated Boardwalks Naples, Florida - $4.2M Mother Teresa Building at Ave Maria University Ave Maria, Florida - $7.7M Kalea Bay Tower 2 Naples, Florida - $90M City of Naples Baker Park Naples, Florida - $14M Luminary & Co. Hotel Fort Myers, Florida - $40M Greater Naples YMCA Chiller Replacement Naples, Florida - $1M Volunteer’s of America Assisted Living Facility Fort Myers, Florida- $20M Our primary project team will be coming directly from another park project in Collier County, Baker Park, and will be ready for the beginning of Phase I of this project. Construction Manager Under Contract Design Team Under Contract Phase 1 Out to Bid Phase 1 Construction Concept Plans Developed EVALUATION CRITERIA NO. 5: FINANCIAL STRENGTH AND LIABILITIES OF THE FIRM This is a 3-D model we built to illustrate what the Collier County Sports Complex could look like. PAGE 58 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX Manhattan Construction has no debt to outside parties and maintains the majority of its assets in readily available working capital. Our low overhead structure, diverse project background, and variety of businesses allow us to be successful through the changing markets and maintain this financial strength. Our bonding capacity demostrates the high level of confidence our surety firms have in our financial strength. Provide an Experian Credit Report, and audited financial statements for the last three years, current credit rating, current net worth, leverage, profitability in relation to size, liquidity and overall financial stability. Please see the letter from our controller, Bob Tinkler, and the attached required audited financial statements. The Proposer shall provide detailed information concerning all direct and indirect fixed or contingent liabilities undertaken by the Proposer, its parent, affiliates and subsidiaries in connection with other projects, whether by way of financial or performance commitments, guarantees, or otherwise that may put limitations on its financial exposure for this project. Manhattan Construction is a financially prudent firm with no debt. None of the aforementioned will put limitations on our financial exposure for this project. Please see the following two pages for a bond letter indicating our capacity to handle this project. The Proposer shall also disclose any outstanding litigation that could adversely affect its financial condition if judgment is brought against the Proposer. There are various claims of subcontractors concerning work in progress which management expects to settle in the ordinary course of business. Due to the financial condition of some subcontractors, performance on their part has been jeopardized to a point where Manhattan has instigated litigation to recover cost, generally such suits being against the bonding companies of the respective subcontractors. None of the above could adversely affect our financial condition or ability to successfully complete the Collier County Sports Complex project. 5. Financial Strength & Liabilities of the Firm Our fifth-generation, privately- held company has been in business since 1896. Our finances are prudently managed and we have zero debt. As evidence of this, our single project bonding capacity is $800 million and our aggregate capacity is $1.5 billion. PAGE 59 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX 5. Financial Strength & Liabilities of the Firm PAGE 60 OF 60 SOLICITATION NO.: 17-7198 - CONSTRUCTION MANAGER AT RISK - COLLIER COUNTY SPORTS COMPLEX 5. Financial Strength & Liabilities of the Firm AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) THIS AGREEMENT, is made and entered into as of the date of execution by both parties, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY" and Manhattan Construction (Florida), Inc., authorized to do business in the State of Florida, whose business address is 3705-1 Westview Drive, Naples, Florida 34104, hereinafter referred to as "CONSTRUCTION MANAGER" or "CONTRACTOR." WITNESSETH: WHEREAS, the COUNTY intends to undertake the Project described as "Collier County Sports Complex" and employ the CONSTRUCTION MANAGER in connection with this Project; and WHEREAS, the COUNTY issued Request for Construction Manager Services (RCMS) # 17- 7198 on September 1, 2017; and WHEREAS, the COUNTY evaluated and ranked the proposals received in accordance with the Applicable Florida Statutes, COUNTY ordinances and policies, and found the CONSTRUCTION MANAGER qualified to perform the necessary services; and WHEREAS, the CONSTRUCTION MANAGER has reviewed the services required pursuant to the Agreement and is qualified, willing and able to provide and perform all such services in accordance with the terms of the Agreement; and WHEREAS, the services to be provided under this Agreement will be divided among Phased Preconstruction Services and Construction Phases, as authorized by this Agreement; and WHEREAS, subsequent Phases, if authorized, shall encompass services, as required to complete construction of the Project, as contemplated by the RCMS, and shall be authorized solely by a written Amendment(s) to this Agreement. NOW, THEREFORE, the COUNTY and the CONSTRUCTION MANAGER, in consideration of the mutual covenants contained herein, do agree as follows: I. RECITALS The above recitals are true and correct and are hereby incorporated into this Agreement. I AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX {Solicitation No.. 17-7198) - II. DEFINITIONS A. County's Administrative Agent: The Administrative Agent named below is designated to do all things necessary to properly administer the terms and conditions of this Agreement. The Administrative Agent is the COUNTY's staff representative for the Project, and is responsible for issuing COUNTY approvals as necessitated during the Project, and receiving and dispensing materials and information relative to the Project on behalf of the COUNTY. The Administrative Agent will be responsible for the following tasks as related to the Project: Examine reports, sketches, drawings, estimates, proposals, and other documents presented by the CONSTRUCTION MANAGER, for the purpose of issuance of those approvals necessary to support preparation and submission of invoices by the CONSTRUCTION MANAGER. 2. Provide instructions, receipt of information, interpretation and definition of COUNTY policies and decisions with respect to design, construction, materials, and other matters pertinent to the work covered by this Agreement. 3. Provide review and written confirmation of all documents and payment requests. 4. Determine when and if it may be in the best interest of the COUNTY to shift funding among tasks identified in the Scope of Services, providing the not -to -exceed amount of the Agreement is not exceeded. B. Allowances: Generally, the term "Allowance" shall mean a particular line item or unit cost budget. Unused allowances or allowance underruns shall be reallocated to the Owner's Contingency (within the Guaranteed Maximum Price) via a Change Order. C. Architect: The architect for this project is hereinafter referred to as the Design Consultant . D. Construction Documents: Final working drawings and specifications (i) meeting all applicable current federal laws, state and local codes, to obtain necessary governmental approvals and permits; and (ii) as required to construct the complete and fully operational facility. E. Final Completion: The point in the progress of the Work when all Work related to the Project has been completed by the CONSTRUCTION MANAGER and accepted by the COUNTY. Warranties called for by this Agreement or by the Construction Documents shalt commence on the date of issuance of Final Completion. F. GMP: The Guaranteed Maximum Price (GMP) shall be the sum of the CONSTRUCTION MANAGER's Cost of Work and the CONSTRUCTION MANAGER's fee for the performance and completion of all the services for the Construction Phase of the Project, including but not limited to the completion of the Work in accordance with the Construction Documents. 2 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) G. Preconstruction Phase Fee: The sum to be paid for providing all Preconstruction Phase services, as set forth in this Agreement, and as contemplated in the RCMS. H. Project: The Project shall mean a regional tournament caliber sports facility in multiple phases. The Project is located approximately 1 -mile northeast of the 1-75 and Collier Boulevard interchange. The Project will be constructed on two tracts of land: approximately 60 acres in the City Gate Industrial Park and approximately 60 acres on the County's property immediately east of City Gate, including improvements as described and defined in the Construction Documents. 1. Prosect Phases: The Project is divided among Preconstruction Phases and Construction Phases. T Proiect Schedule: The Project Schedule as used in this Agreement shall mean the timeline prepared by the CONSTRUCTION MANAGER and approved by the COUNTY's Administrative Agent for accomplishing the Project. The Project Schedule shall include all major sequences of the preconstruction and construction work, material supplies, long -lead procurement, Design Consultant's approval of shop drawings, schedules for Change Orders and performance testing requirements. K. Project Team: The term Project Team, as used in this Agreement and associated Exhibits, shall include the COUNTY, the Project Design Consultant and the CONSTRUCTION MANAGER. L. Substantial Completion: The point in the progress of the Work when the Project or designated portion thereof are sufficiently complete in accordance with the Contract Documents so that the COUNTY can fully occupy and utilize the Site for its intended use with all certificates of occupancy obtained. Warranties called for by this Agreement or by the Construction Documents shall commence on the date of issuance for the Certificate of Substantial Completion. M. Trade Contractor: This term shall mean those contractors having a direct contract with the CONSTRUCTION MANAGER for the performance of the work. M Work: This term shall mean all authorized and approved work, materials supplies, tools, fixtures, labor, services, equipment, construction management and contract administration services for the design phase, Project development and construction of the Project to be performed and provided by CONSTRUCTION MANAGER (and its agents, employees, Trade Contractors, Sub -construction Manager's, Professionals, and Subcontractors) pursuant to this Agreement. III. CONSTRUCTION MANAGER'S SERVICES A. The CONSTRUCTION MANAGER agrees to diligently provide all preconstruction services for the Project and to perform the required services in the manner described in Exhibit A, Scope of Services - Preconstruction Phases, attached hereto and incorporated herein. 3 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPURTS COMPLEX [Solicitation No.: 17-7198] B. This Agreement shall commence immediately upon the execution of this Agreement by both the COUNTY and the CONSTRUCTION MANAGER, and upon the CONSTRUCTION MANAGER's receipt of the written Notice to Proceed from the COUNTY's Administrative Agent, and shall continue through the completion of the preconstruction services for the Project in accordance with Exhibit B, Project Schedule- Preconstruction Phases, attached hereto and incorporated herein. IV. COMPENSATION AND PAYMENT OF CONSTRUCTION MANAGER'S SERVICE A. The COUNTY shall pay the CONSTRUCTION MANAGER for the preconstruction services rendered hereunder and completed in accordance with the terms and conditions of this Agreement in an amount not to exceed One Hundred Ninety -Five Thousand, Five Hundred Twenty -Seven Dollars and 441100 ($195,527), as the total agreement amount for performing the tasks as set forth in Exhibit A, Scope of Services - Preconstruction Phases, (and further described in Exhibit C, Fee Schedule - Preconstruction Phases) attached hereto and incorporated herein. Said total amount to be all inclusive of costs necessary to provide all services as outlined in this Agreement. B. CONSTRUCTION MANAGER represents and warrants that wage rates and other factual unit costs supporting the compensation relative to this Agreement shall be accurate, complete, and current at the time of entering into the Agreement. The amounts set forth in this Agreement will be adjusted to exclude any significant sums where the COUNTY determines the amount of any task was increased due to inaccurate, incomplete, non-current wage rates or other factual unit costs. All such adjustments to the Agreement amount must be made within one year following the end of this Agreement. C. The COUNTY's performance and obligation to pay under this Agreement is contingent upon an appropriation by the Board of County Commissioners. The COUNTY shall promptly notify the CONSTRUCTION MANAGER if the necessary appropriation is not made. V. ADDITIONAL SERVICES If, upon written instruction by the COUNTY's Administrative Agent and written agreement by the CONSTRUCTION MANAGER, the CONSTRUCTION MANAGER shall perform additional services as allowed herein, and if such services are not required as a result of error, omission or negligence of CONSTRUCTION MANAGER, then in such event the CONSTRUCTION MANAGER shall be entitled to additional compensation. The additional compensation shall be computed by the CONSTRUCTION MANAGER on a revised fee quotation proposal and submitted to the COUNTY's Administrative Agent for review and approval by the COUNTY. The fee shall be agreed upon before commencement of any additional services or changes and shall be incorporated into this Agreement by written Amendment. Any additional service or work performed before a written Amendment to this Agreement is approved shall not be compensated by the COUNTY. 1'I�ui�illl:C17�I17�n'lui�►Yll A. The COUNTY shall pay the CONSTRUCTION MANAGER through payment issued by the Clerk of the Circuit Court in accordance with the Local Government Prompt Payment Act, 4 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (solici(ation No.. 17-7198) Section Z 18.70, Florida Statutes, upon receipt of the CONSTRUCTION MANAGER's invoice and written approval of same by the COUNTY's Administrative Agent indicating that services have been rendered in conformity with this Agreement. The CONSTRUCTION MANAGER shall submit a monthly invoice for payment to the COUNTY for those specific services as described in Exhibit A, Scope of Services - Preconstruction Phases, and the corresponding amount as described in Exhibit C, Fee Schedule _ Preconstruction Phases that were completed during that invoicing period. B. For those specific services that were partially completed, progress payments shall be paid monthly in proportion to the percentage of completed work on those specific service activities as approved in writing by the COUNTY's Administrative Agent. C. The CONSTRUCTION MANAGER's invoices shall be in a form satisfactory to the Clerk of the Circuit Court, who shall initiate disbursements. The CONSTRUCTION MANAGER is responsible for providing a1I necessary documentation that may be required by the COUNTY. VIl. INDEMNIFICATION A. To the maximum extent permitted by Florida law, CONSTRUCTION MANAGER shall defend, indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSTRUCTION MANAGER or anyone employed or utilized by the CONSTRUCTION MANAGER in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies that otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. B. The duty to defend under this Article VII is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONSTRUCTION MANAGER, the COUNTY and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to CONSTRUCTION MANAGER. The CONSTRUCTION MANAGER's obligation to indemnify and defend under this Article VII will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the COUNTY or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. VIII. CONSTRUCTION MANAGER'S INSURANCE A. Before performing any work pursuant to this Agreement, CONSTRUCTION MANAGER shall procure and maintain, during the life of this Agreement unless otherwise specified, insurance as listed in Exhibit D, Insurance Specifications - Preconstruction Phases, attached hereto and incorporated herein. 5 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) B. CONSTRUCTION MANAGER shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit D to this Agreement. C. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. D. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 1, All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSTRUCTION MANAGER to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, or, Board of County Commissioners in Collier County, or, Collier County Government, as an additional insured as to the operations of CONSTRUCTION MANAGER under this Agreement and shall contain a severability of interests' provisions. 2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSTRUCTION MANAGER. 3. All insurance coverage of CONSTRUCTION MANAGER shall be primary to any insurance or self-insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSTRUCTION MANAGER shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project, 4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. E. CONSTRUCTION MANAGER, its subconsultant's and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. F. All insurance companies from whom CONSTRUCTION MANAGER obtains the insurance policies required hereunder must meet the following minimum requirements: I. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. G AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPURTS COMPLEX [Solicitation No.: 17-7198] 2, The insurance company must have a current A. M. Best financial rating of "Class VI" or higher, IX. RESPONSIBILITIES OF THE CONSTRUCTION MANAGER A, The CONSTRUCTION MANAGER accepts the relationship of trust and confidence established between CONSTRUCTION MANAGER and COUNTY by this Agreement. CONSTRUCTION MANAGER covenants to furnish its best shill and judgment and to cooperate with COUNTY and the Design Consultant during the Preconstruction Phases and to complete the Project in accordance with the Contract Documents and in an expedient and efficient manner. B. The CONSTRUCTION MANAGER shall be responsible for the professional quality, technical accuracy, and the coordination of all reports and other documents and data used or produced by or at the behest of the CONSTRUCTION MANAGER under this Agreement. The CONSTRUCTION MANAGER shall, without additional compensation, correct or revise any errors or deficiencies in its reports and other documents and data. C. If the CONSTRUCTION MANAGER is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder. D. The CONSTRUCTION MANAGER warrants that CONSTRUCTION MANAGER has not employed or retained any company or person, other than a bona fide employee working solely for CONSTRUCTION MANAGER, to solicit or secure this Agreement and that CONSTRUCTION MANAGER has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSTRUCTION MANAGER, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. E. The CONSTRUCTION MANAGER covenants and agrees that it and its employees shall be bound by the Standards of Conduct of Chapter 112, Florida Statutes and Section Seven Ethical Standards, of the Collier County Procurement Ordinance, #13-69, as amended, as it relates to work performed under this Agreement. The CONSTRUCTION MANAGER agrees to incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the work performed. F. The CONSTRUCTION MANAGER agrees that it and its employees shall communicate with COUNTY employees and members of the public in a civil manner, All aspects of a CONSTRUCTION MANAGER's performance, including complaints received from COUNTY employees or members of the public, may impact the COUNTY's decision to renew or terminate this Agreement in accordance with the provisions contained herein. The COUNTY further reserves the right to suspend or debar the CONSTRUCTION MANAGER from consideration for award of future contracts in accordance with Section Twenty -Eight Debarment and Suspension, of the Collier County Procurement Ordinance, #13-69, as amended, if the CONSTRUCTION MANAGER does not abide by the terms of this Agreement. 7 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) G. By its execution of this Agreement, CONSTRUCTION MANAGER acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONSTRUCTION MANAGER under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." H. The CONSTRUCTION MANAGER shall comply with all federal, state, and local laws, regulations and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement. I. The CONSTRUCTION MANAGER shall maintain adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSTRUCTION MANAGER for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. J. The CONSTRUCTION MANAGER represents to the COUNTY that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder, The CONSTRUCTION MANAGER agrees that all services to be provided by CONSTRUCTION MANAGER pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSTRUCTION MANAGER hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F. S. § 119.0701(2)(a) - (b) as stated as follows: 8 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) 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: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 142 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: I . Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency 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 this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from 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 public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency 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 public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. K. The CONSTRUCTION MANAGER shall notify the COUNTY's Administrative Agent at least three (3) days in advance of any meeting between the CONSTRUCTION MANAGER, Design Consultant and any other stakeholder, including, but not limited to, County Corrunissioners, regulatory agencies or private citizens. L. Neither the COUNTY's review, approval or acceptance of, nor payment for, the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 9 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION _ PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.. 17-7199) M. The rights and remedies of the COUNTY provided for under this Agreement are in addition to any other rights and remedies provided by law, N. The CONSTRUCTION MANAGER represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. The CONSTRUCTION MANAGER further represents that no persons having any such interest shall be employed to perform those services. X. DESIGN REVIEW SERVICES A. The CONSTRUCTION MANAGER acknowledges that the Project will be completed in accordance with the established schedule included in Exhibit B and shall make recommendations to the COUNTY's Administrative Agent and Design Consultant regarding the drawings and specifications to facilitate construction of the work. B. Design Review and Recommendations: The CONSTRUCTION MANAGER shall thoroughly familiarize itself with the Project. Where appropriate and as requested, CONSTRUCTION MANAGER shall make written recommendations with respect to the Project, foundations, selection of systems and materials and cost reducing alternatives, including assistance to the Design Consultant and the COUNTY's Administrative Agent in evaluating alternative comparisons versus long-term cost effects as the COUNTY's Administrative Agent deems appropriate. The CONSTRUCTION MANAGER shall call to the COUNTY's Administrative Agent and Design Consultant attention any known or perceived defects in the design, drawings and specifications or other documents that it notes, as soon as practicable after said defect is noted. Any design errors or omissions noted by the CONSTRUCTION MANAGER during this review shall be reported promptly to the Design Consultant and the COUNTY's Administrative Agent but the parties agree that the CONSTRUCTION MANAGER's review is only made in the CONSTRUCTION MANAGER's capacity as a contractor, and not as a licensed design professional. The recommendations and advice of the CONSTRUCTION MANAGER concerning design alternatives shall be subject to the review and approval of the COUNTY. C. Separate Contracts Planning: The CONSTRUCTION MANAGER shall review the Construction Documents and make recommendations in writing to the COUNTY's Administrative Agent with respect to dividing the work in such a manner as will permit the CONSTRUCTION MANAGER to take bids and award separate construction Trade Contracts. The Construction Manager shall make such divisions in a manner acceptable to the COUNTY's Administrative Agent, taking into consideration all factors such 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, availability of qualified local and minority contractor participation, and any other factors pertinent to saving time and cost. 10 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) D. 'Job -Site Facilities: The GMP shall be inclusive of the arrangement and supply of all job -site facilities, to include workstations equipped with telephones, desks, FAX machines, and PC equipment that are reasonably necessary to enable the members of the Project Team to perform their respective duties in the management, inspection and supervision of construction of the Project. The CONSTRUCTION MANAGER shall provide a dedicated office on site for use by the Project Team. E. Market Analysis: The CONSTRUCTION MANAGER shall assess conditions in the construction market to identify factors that will or may affect costs and time for completing the project. The CONSTRUCTION MANAGER shall conduct reviews as may be reasonably 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 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 Project Schedule. F, Stimulation of Bidder Interest: The CONSTRUCTION MANAGER shall be responsible to stimulate bidder interest in the local market place and identify and reasonably encourage bidding competition through various meetings, presentations, mail -outs, telephone conferences, and the like. The CONSTRUCTION MANAGER shall obtain a minimum of three (3) competitive bids for each trade, unless otherwise directed by the COUNTY's Administrative Agent. The CONSTRUCTION MANAGER shall provide the COUNTY'S Administrative Agent with the opportunity to review and approve all such bids before their acceptance. The CONSTRUCTION MANAGER shall carry out an active program of stimulating interest of qualified local contractors, including minority contractors, in bidding on the work and of familiarizing those bidders with the requirements of this project. XI. BASIS OF GUARANTEED MAXIMUM PRICE A. The CONSTRUCTION MANAGER shall submit to the County a proposed GMP as described herein, and in Exhibit A, and according to the schedule set forth in Exhibit B. B. The CONSTRUCTION MANAGER acknowledges and agrees that the GMP to be proposed will include: The entire scope of work and services solicited under the RCMS and all exhibits, attachments, schedules and addenda thereto, and this Agreement and all exhibits, attachments, and schedules hereto, including but not limited to the Construction Documents, and any other material documents or Construction Documents that were used in preparation of the GMP. Notwithstanding the foregoing, if the Construction Documents fail to depict an item that is essential for operation, the CONSTRUCTION MANAGER is required to provide and install such essential item as part of the GMP. If the Contract Documents contain inconsistencies, discrepancies or omissions of which the CONSTRUCTION MANAGER had knowledge of or which are reasonably inferable from the Contract Documents as ]f AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTiON PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX [Solicitation No.. 17-7198] necessary to complete the Work in accordance with the Contract Documents, the CONSTRUCTION MANAGER shall not be entitled to an extension of the Project Schedule or an adjustment in the GMP for such items and the CONSTRUCTION MANAGER shall nonetheless be responsible to correct and complete such items; 2. A list of all allowances and the statement of their basis; 3. A list of any material clarifications and assumptions made by the CONSTRUCTION MANAGER in the preparation of the GMP necessary to supplement the information contained in the drawings and specifications; 4. A statement of the estimated cost (organized by trade categories), allowances, contingency, and other items including a list of any fees or other costs that comprise the GMP; 5. The date of substantial completion, upon which the proposed GMP is based; and 6. A schedule of the Construction Documents' issuance dates, upon which the proposed GMP is based. C. The CONSTRUCTION MANAGER acknowledges that the GMP includes an amount designated as the COUNTY's Contingency. The COUNTY's Contingency shall be available to the CONSTRUCTION MANAGER only if the COUNTY issues a Change Order or Amendment to this Agreement. In such event, the Change Order or Amendment shall specify the portion of the COUNTY'S Contingency being made available and the purpose. D. The CONSTRUCTION MANAGER acknowledges that the Construction Drawings may be modified by the Design Consultant, from time to time, and if presented with modified Construction Drawings from the COUNTY, the CONSTRUCTION MANAGER is required to complete the Project as modified, with compensation, if deemed appropriate. E. The proposed GMP is subject to acceptance by the COUNTY, at the COUNTY's sole discretion. If the COUNTY wishes to accept the proposed GMP, the COUNTY shall prepare an Amendment to this Agreement, incorporating the GMP as well as any other provisions the COUNTY deems necessary for the performance of the Construction Phase of the Project. In the event the COUNTY does not wish to accept the proposed GMP, the COUNTY's Administrative Agent shall so inform the Construction Manager in writing. Thereupon this Agreement shall terminate and neither party shall have any obligation to the other regarding the Construction Phases, of the Project. XII. OWNERSHIP AND USE OF WORK PRODUCTS A. It is understood and agreed that the work products, including reports and other documents and data developed by the CONSTRUCTION MANAGER relating to its services shall be delivered to, and shall become the property of the COUNTY as they are received by the COUNTY. The CONSTRUCTION MANAGER hereby assigns all its copyright and other 12 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) proprietary interests in the products of this Agreement to the COUNTY. Specific written authority is required from the COUNTY's Administrative Agent for the CONSTRUCTION MANAGER to use any of the work products of this Agreement on any non -County project. B. Notwithstanding the above, any reuse of the work products by the COUNTY on other projects will be at the risk of the COUNTY. C. Upon the completion or termination of this Agreement, as directed by the COUNTY, CONSTRUCTION MANAGER shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSTRUCTION MANAGER under this Agreement ("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSTRUCTION MANAGER. The CONSTRUCTION MANAGER shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. CONSTRUCTION MANAGER, at its own expense, may retain copies of the Project Documents for its files and internal use. D. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation, CONSTRUCTION MANAGER hereby grants to the COUNTY a nonexclusive, irrevocable license in all the Project Documents for the COUNTY's use on this Project. CONSTRUCTION MANAGER warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSTRUCTION MANAGER consents to the COUNTY's use of the Project Documents to complete the Project following CONSTRUCTION MANAGER's termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. The CONSTRUCTION MANAGER also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. XIII. TIMELY PERFORMANCE OF CONSTRUCTION MANAGER'S PERSONNEL A. The timely performance and completion of the required services is vitally important to the interest of the COUNTY. The CONSTRUCTION MANAGER shall assign a Project Manager, together with such other personnel as are necessary to assure faithful prosecution and timely delivery of services pursuant to the requirements of this Agreement. The key personnel assigned by the CONSTRUCTION MANAGER to perform the services of this Agreement shall be the same as those identified in the Response as it is defined below. The CONSTRUCTION MANAGER shall ensure that all key personnel, support personnel, and other agents are fully qualified and capable to perform their assigned tasks. Any change or substitution to the CONSTRUCTION MANAGER's key personnel must receive the COUNTY's Administrative Agent's written approval before said changes or substitution can become effective. B. The services to be rendered by the CONSTRUCTION MANAGER shall commence upon the CONSTRUCTION MANAGER's receipt of written Notice to Proceed from the COUNTY'S Administrative Agent. The time limits set forth in Exhibit B, Project Schedule 13 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCT1ON PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) - Preconstruction Phases, shall commence to run on the date of the Notice to Proceed and the CONSTRUCTION MANAGER shall deliver to the COUNTY a Detailed Project Schedule with specific calendar dates in conformity with Exhibit B, Project Schedule - Preconstruction Phases. This Project Schedule shall also include the specific calendar dates for the delivery or completion of all documents, reports or other data as required by this Agreement. C. Time is of the essence in the performance of this Agreement. The CONSTRUCTION MANAGER specifically agrees that all work performed under the terms and conditions of this Agreement shall be completed within the time limits as set forth in this Agreement, subject only to delays caused by force majeure, or as otherwise defined herein. Force Majeure shall be deemed to be any cause affecting the performance of this Agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of the parties. D. The CONSTRUCTION MANAGER agrees to provide to the COUNTY's Administrative Agent, monthly written progress reports concerning the status of the Project. Written progress reports will accompany each monthly invoice. The COUNTY's Administrative Agent may determine the format for this progress report. The COUNTY shall be entitled at all times to be advised at its request, and in writing, as to the status of work to be perfonned by the CONSTRUCTION MANAGER. E. In the event unreasonable delays occur on the part of the COUNTY or regulatory agencies as to the approval of any plans, permits, reports or other documents submitted by the CONSTRUCTION MANAGER that delay the Project Schedule completion date, the COUNTY's Administrative Agent shall not unreasonably withhold the granting of an extension of the Project Schedule time limitation equal to the aforementioned delay. In the event the Project Schedule completion date is delayed beyond the date stated in Exhibit B, the CONSTRUCTION MANAGER shall continue its efforts hereunder in full force and effect until otherwise directed by the COUNTY'S Administrative Agent, or until twelve (1 Z) additional months have elapsed, whichever is less. Should the Project be suspended or delayed by the COUNTY for a period exceeding six (6) months, the COUNTY and the CONSTRUCTION MANAGER may negotiate fair and equitable compensation for the CONSTRUCTION MANAGER's continued service hereunder, and amend this Agreement accordingly. XIV. OBLIGATIONS OF COUNTY A. The COUNTY's Administrative Agent is designated to serve as project coordinator and to do all things necessary to properly administer the terms and conditions of this Agreement. If necessary, a specific Project Manager will be authorized to perform the responsibilities of the COUNTY's Administrative Agent. The COUNTY shall designate any specific Project Manager in the Notice to Proceed. The responsibility of the COUNTY's Administrative Agent shall include: 14 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7148) 1, Examination of all reports, sketches, drawings, estimates, proposals, and other documents presented by the CONSTRUCTION MANAGER, and render in writing, decisions pertaining thereto within a reasonable time. 2. Transmission of instructions, receipt of information, interpretation and definition of COUNTY policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this Agreement. 3. Review for approval or rejection of all the CONSTRUCTION MANAGER's documents and payment requests. S. The COUNTY shall, upon request, furnish the CONSTRUCTION MANAGER with all existing data, plans, studies and other information in the COUNTY's possession that may be useful in connection with the work of this Project, all of which shall be and remain the property of the COUNTY and shall be returned to the COUNTY's Administrative Agent upon completion of the services to be performed by the CONSTRUCTION MANAGER, C. The COUNTY's Administrative Agent shall conduct periodic reviews of the work of the CONSTRUCTION MANAGER necessary, for the completion of the CONSTRUCTION MANAGER's services during the period of this Agreement and may make other COUNTY personnel available, where required and necessary to assist the CONSTRUCTION MANAGER. The availability and necessity of said personnel to assist the CONSTRUCTION MANAGER shall be determined solely within the discretion of the COUNTY. D. The COUNTY shall not provide any services to the CONSTRUCTION MANAGER relating to any claim brought on behalf of or against the CONSTRUCTION MANAGER. XV. TERMINATION A. The COUNTY shall have the right at any time upon thirty (30) calendar days written notice to the CONSTRUCTION MANAGER to terminate the services of the CONSTRUCTION MANAGER and, in that event, the CONSTRUCTION MANAGER shall cease work and shall deliver to the COUNTY all documents, (including reports, designs, specifications, and al other data) prepared or obtained by the CONSTRUCTION MANAGER in connection with its services. The COUNTY shall, upon receipt of the aforesaid documents, pay to the CONSTRUCTION MANAGER and the CONSTRUCTION MANAGER shall accept as full payment for its services, a sum of money equal to (1) the fee for each completed and accepted task as shown in Exhibit A, Scope of Services - Preconstruction Phases, and Exhibit C, Fee Schedule - Preconstruction Phases, plus (2) the percentage of the work completed in any commenced but uncompleted task shown in Exhibit A, Scope of Services - Preconstruction Phases and Exhibit C, Fee Schedule - Preconstruction Phases, less (3) all previous payment made. 15 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX [Solicitation No.. 17-7198] B. In the event the CONSTRUCTION MANAGER abandons performance under this Agreement, then the COUNTY may terminate this Agreement upon three (3) calendar days written notice to the CONSTRUCTION MANAGER by indicating its intention to do so. Payment for work performed prior to the CONSTRUCTION MANAGER's abandonment shall be as stated above. C. The CONSTRUCTION MANAGER shall have the right to terminate services only in the event of the COUNTY failing to pay the CONSTRUCTION MANAGER's properly documented and submitted invoice within ninety (90) calendar days of the approval by the COUNTY's Administrative Agent, or if the Project is suspended by the COUNTY for a period greater than twelve (1 2) months. D. The COUNTY reserves the right to terminate and cancel this Agreement in the event the CONSTRUCTION MANAGER shall be placed in either voluntary or involuntary bankruptcy pr where an assignment has been made for the benefit of creditors. XVI. DISPUTE RESOLUTION A. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSTRUCTION MANAGER with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida, The mediation shall be attended by representatives of CONSTRUCTION MANAGER with full decision- making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44,102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. B. This Agreement and the rights and obligations of the Parties shall be governed by the laws of the State of Florida without regard to its conflict of laws principles. C. Unless otherwise agreed in writing, the CONSTRUCTION MANAGER shall be required to continue its services and all other obligations under this Agreement during the pendency of claim or dispute including, but not limited to, actual period of mediation or judicial proceedings. lb AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECON5TRUC"ON PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7I98) XVII. MISCELLANEOUS A. This Agreement constitutes the sole and complete understanding between the parties and supersedes all agreements between them, whether oral or written with respect to the subject matter. No Amendment, change or addendum to this Agreement is enforceable unless agreed to in writing by both parties and incorporated into this Agreement. For any material change in the Scope of Services or any increase in the compensation for the services, the Board of County Commissioners for the County and the duly authorized representative for the CONSTRUCTION MANAGER shall agree in writing to this change. For all other changes, the COUNTY's Administrative Agent and the CONSTRUCTION MANAGER's representative shall agree in writing to the change as authorized by this Agreement and consistent with Collier County's Procurement Ordinance and related procedures in existence at the time of the proposed change. R. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on each party. C. The CONSTRUCTION MANAGER shall not assign any interest in this Agreement and shall not transfer any interest in same (whether by assignment or novation) without the prior written consent of the COUNTY, except that claims for the money due or to become due the CONSTRUCTION MANAGER from the COUNTY under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy without such approval from the COUNTY. Notice of any such transfer or assignment due to bankruptcy shall be promptly given to the COUNTY. D. Time is of the essence regarding every aspect of the CONSTRUCTION MANAGER's performance under this Agreement. E. The exercise by either party of any rights or remedies provided herein shall not constitute a waiver of any other rights or remedies available under this Agreement or any applicable law. F. The parties covenant and agree that each is duly authorized to enter into and perform this Agreement and those executing this Agreement have all requisite power and authority to bind the parties. G. The language of this Agreement shall be construed, in all cases, according to its fair meaning and not for or against any party hereto. H . The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. I. Any notices, invoices, reports, or any other type of documentation required by this Agreement shall be sufficient if sent by the parties via United States mail, postage paid or emailed, to the addresses listed below: 17 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solidtation No.: 17-7198) Company Name: Address: Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): Manhattan Construction (Florida), Inc. 3705-1 Westview Drive Naples, Florida 34104 Gordon Knapp Senior Vice President (239) 643-6000 gkn app @,man hattallc o n stru c t i oti . c o m All Notices from the CONSTRUCTION MANAGER to the COUNTY shall be deemed duly served if mailed or emailed to the COUNTY to: Board of County Commissioners for Collier County, Florida Division Director: Dennis Linguidi Division Name: Facilities Management Division Address: 335 Tamiami Trail East, Building W Naples, FL 34112 Administrative AgentlPM: Margaret A. Bishop, P.E., Principal Project Manager Telephone: (239) 252-8380 E-Mail(s): MargaretB i shopCu7co f l i ergov.Iiet The CONSTRUCTION MANAGER and the COUNTY may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. Any change in administrative agents will require prompt notification by the party making the change. K. Paragraph headings are for the convenience of the parties and for reference purposes only and shall be given no legal effect. L. The COUNTY'S Request for Construction Manager Services (RCMS) # 17-7198, including all attachments, exhibits and addenda/addendum and the CONSTRUCTION MANAGER's proposal are hereby incorporated in the Agreement by reference. M. In the event of conflicts or inconsistencies, the documents shall be given precedence in the following order: 1. Agreement 2. Solicitation 3. County's Purchase Order 1& AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.. 17-7198) IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Dwight E. Brock, Clerk of Courts Date: Construction Manager's Witnesses: Lo Signature Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Andy Solis, Chairman MANHATTAN CONSTRUCTION (FLORIDA) INC. Print Name efZ)& d KrU,Q-� Approved as to Form and Legality: Scott R. Teach Deputy County Attorney 19 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) EXHIBIT A SCOPE OF SERVICES — PRECONSTRUCTION PHASES The Construction Manager's work may commence with a pre -construction services agreement as a part of the comprehensive Construction Management Services contract upon the issuance of a Notice to Proceed for each Pre -Construction Phase, which will apply to the design phases of the Project. Prior to commencing construction of the Project, the Construction Manager will assume the risk of delivering the Project through a GMP contract amendments. The Construction Manager will be responsible for construction means and methods, and will be required to solicit bids from qualified subcontractors to perform the work. During the construction phases, the Construction Manager shall be solely responsible for performance of the Project, and shall function in the role of an independent General Contractor. That role may include, but not be limited to, the following during each Phase as indicated below. The Pre - Construction Phases are from award through design and engineering, and concluding with the acceptance of the GMPs as evidenced by execution of Amendments to the Agreement for the Construction Phases. Components of Construction: The County's vision for the execution of the construction phasing is outlined below and subject to available funding after each phase is encumbered through the GMP process. These phases will be addressed through Amendments to the Agreement. a. City Gate 60 +1- acre site civil including but not limited to utilities, stormwater, paving and grading, 8 multipurpose ball fields, amenities, lighting, irrigation, perimeter landscaping, etc. b. Stadium including but not limited to championship field, lighting, irrigation, locker rooms, concession, media accommodations, stands, stadium seating, etc. c. Field House/Event Center is intended to be a complete building with mechanical, electrical, plumbing and technology or shell building to be outfitted at a later date. d. County 305 property site civil including but not limited to utilities, stormwater, paving and grading, 8 baseball/softball fields or multi-purpose fields, amenities, lighting, irrigation, perimeter landscaping, etc. (d.) may be combined with (a.) subject to availability of permits. Reuortine: Prepare and submit a monthly narrative progress report and other reports as necessary/appropriate, as further generally described below; Previous Reporting Period ■ Accomplishments • Status of Milestones • Deliverables Submitted • Problems Encountered/Decisions or Adjustments Required 2. Upcoming Reporting Period • Objectives • Milestones • Deliverable 20 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) • Scheduled Meetings General • Schedule Update • Other 4. Accounting • Percentage complete and percentage paid ■ Verification of payments to subcontractors • Any concerns with outstanding invoices Pre -Construction Phases -Tasks: 1. Site Investigations/Investigation and Review of Similar Existing Facilities & Sites Site investigation and consultation of similar projects. The services will include the evaluation of comparative existing facilities for reference and component features and design development. 2. Master Design Phase Schedule/Project Construction Schedule & Updates/Final Schedule Upon award of this Agreement, the CONSTRUCTION MANAGER, shall submit a master project schedule covering the planning and designing approvals, construction and County occupancy of the Project. This schedule will serve as the framework for the subsequent development of a detailed schedule. The master project schedule shall be produced and updated monthly throughout the project. 2.1 Project Construction Schedule, Updates and Final Schedule: Based on the Design Consultant's Construction Documents, including all Regulatory Permits received and applied for, the CONSTRUCTION MANAGER shall prepare a schedule from the time of notice to proceed through completion of the Project for the COUNTY'S approval, as follows: • Prepare and maintain master project schedule, including activities for both the Design Consultant and the CONSTRUCTION MANAGER and identifying tasks which may require action by the COUNTY. This should be a critical path schedule and shall include all construction, permitting, facility start-up activities as well as project milestones. • Identify decisions the COUNTY or others must make to keep the Project on schedule. ■ Monitor and maintain Project schedule consistent with best management industry practices. • Identify design task milestones and associated deadlines that the Design Team must meet to maintain Project schedule. • In coordination with the Design Consultant identify all required reviews and approval, and appropriate levels of information necessary for action and timely response. • Reflect schedule for the preparation and submission of the GMF proposal in all scheduling efforts. • Provide for construction phasing, scheduling and provide a comprehensive logistics plan(s). • Provide detailed cost estimating and knowledge of marketplace conditions. ■ Provide project planning and scheduling for both design and construction phases, including scheduling updates and final. 21 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCT[ON PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7148) ■ Provide for construction phasing and scheduling that will minimize interruption to site operations by means of a comprehensive logistics plan. • Develop a scheduling process as requested by the County. ■ Provide preliminary and detailed scheduling analysis as needed throughout the Project. 3. Design Review Meetings, Technical Support and Coordination. The CONSTRUCTION MANAGER shall provide technical support to the COUNTY as required or as directed, throughout the entire Preconstruction Phases, including but not limited to the following: ■ Participate in the selection of the County's Design Consultant, as a technical advisor. • Coordinate all activities with the Design Consultant, CONSTRUCTION MANAGER and County's Administrative Agent (collectively known as the "Project Team"), any separate contractors, vendors or consultants engaged by the COUNTY and other parties. • Coordinate and assist with all activities related to the design of infrastructure and utilities serving the Site or impacted by the Project. • Establish, implement and maintain quality control standards. Continually evaluate quality, safety and environmental factors throughout design. ■ Participate in project meetings as directed by COUNTY's Administrative Agent. • Assist the COUNTY and Design Consultant in the permit application processes. • Advise the Project Team of ways to gain efficiencies in project delivery and reduce overall delivery time. • Provide long -lead procurement recommendations and identify items that have the potential to be procured by the County. • Provide recommendations on sub -contractors, materials, and amenities at the facility. ■ Provide alternate systems evaluation and constructability studies. • Provide a site utilization plan for all construction activities. 4. Document Review Reporting The CONSTRUCTION MANAGER shall thoroughly review the Design Consultant's Construction. Documents, including Logistics Review, Design Review Report, External Document Reviews, Constructability Analysis, Drawings Coordination, and all Regulatory Permits received and applied for, to become familiar with the requirements of the Project, and as follows: • Review progress submittals and final plans and specifications for completeness. • Review and recommend changes to drawings, specifications and construction documents as appropriate. • Provide alternate systems evaluation and specific recommendations regarding such alternate systems. • Provide constructability reviews. ■ Advise the Project Team of ways to gain efficiencies in project delivery and reduce overall delivery time. • Advise Project Team when choosing green (sustainable) building materials, as well as recommendations for building lifespan and efficient operations and maintenance. 22 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.; 17-7198) • Identify items that have the potential to be procured directly by the COUNTY. • Monitor coordination of requirements of all equipment. • Analyze the cost-effectiveness of design elements, and advise the COUNTY of findings. • Coordinate any project utility requirements with utility companies. • Review site logistics and sequence of construction for incorporation in the GMP. • Quality of documents is paramount. The CONSTRUCTION MANAGER shall assist the Design Consultant by reviewing the Construction Documents for the elimination of conflicts, omissions, dimensioning and other potential problems. CONSTRUCTION MANAGER shall bring any such noted matters to the attention of the Design Consultant and the COUNTY's Administrative Agent in writing. • Advise the COUNTY's Administrative Agent of the availability of materials, Trade Contractors and lower -tier subcontractors and any scheduling restraints. • Identify long -lead time items and recommend pre -purchase for these or other items subject to expected price volatility or availability. • Identify direct material purchase. ■ Concur with plans and specifications. • Prepare any recommended or requested alternate proposals and assist Design Consultant in identifying elements of the design which can be as "add" or "deduct" alternates. 5. Budget ManagementNalue Engineering • Investigate alternate solutions, systems, materials or techniques to achieve project requirements economically and consistent with the objectives of the COUNTY. ■ Advise the COUNTY on the cost of building systems and materials. ■ Prepare comparative analysis of alternate systems and materials if requested by COUNTY, • Submit value -engineering recommendations to the Project Team. • The CONSTRUCTION MANAGER will establish and implement plans and controls for all aspects of the Project to ensure completion of the Project on schedule and within budget. • The CONSTRUCTION MANAGER will provide Pre -construction Costs Events along with Value Management Meetings. 5. Estimates(s)IGMPIScope Review Based on the Design Consultant's Construction Documents, including all Regulatory Permits received and applied for, the CONSTRUCTION MANAGER shall prepare estimates of the cost of the work for the COUNTY's approval, as follows: • Based on Design Consultant's designs and site information, prepare detailed Project budget baseline for all cost categories. • Estimates will be submitted at: o Completion of each Schematic Pre -Construction Phase or bid package; o Completion of Design Development Phase for each phase or bid package; o Completion of 100% Construction Documents for each phase or bid package; o At establishment of the Guaranteed Maximum Price. • Provide detailed cost estimating and knowledge of marketplace conditions. • Identify all major assumptions used in creating the Project budget. 23 AGREEMENT FOR CONSTRUMON MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPURTS COMPLEX [Solicitation No.: 17-7198] • Identify and recommend a precise scope of work, as a subset of the total project, necessary to meet the COUNTY project budget. • Provide a breakdown of individual project component costs in a schedule of values, to the extent acceptable to the COUNTY. ■ Recommend sequences of construction for various components of the work and provide options for breaking the project into independent construction phases. • Provide for construction phasing and scheduling that will minimize interruption to Site operations by means of a comprehensive logistics plan. ■ Incorporate cost estimates into the Total Project budget. • Recommend corrective action if cost estimates exceed a level acceptable to the COUNTY. • Recommend to the COUNTY any changes necessary to maintain the budget requirements ■ All materials or labor for the Project which is shown in the Construction Documents or is reasonably inferable there from as being part of the Project and necessary to produce a finished job shall be provided for in the CONSTRUCTION MANAGER's cost estimates, if such material or labor are expressly provided for in the Construction Documents. • Meet with the COUNTY's Administrative Agent to ensure cost reports capture all applicable expenditures in format appropriate for reporting performance and for cost allocation. ■ Obtain approval of cost and reporting formats. ■ If requested by the COUNTY, provide a project duration cash flow projection, • Provide consistent and complete budget and performance reporting. • Assist the Design Consultant in permit application processes. • Provide, to the COUNTY's Administrative Agent, copies of bids and quotations solicited from prospective Trade Contractors, subcontractors and suppliers. 6.1 Preparation of GMP When directed by the COUNTY, the CONSTRUCTION MANAGER will begin preparation of the Guaranteed Maximum Price (GMP) for construction of the Project. The proposed GMP will be prepared in accordance with Section XI, Basis of Guaranteed Maximum Price of the Agreement. During development of the proposed GMP and during subsequent negotiations as appropriate or as requested by the COUNTY's Administrative Agent, the CONSTRUCTION MANAGER shall: ■ Prepare bidders' list identifying a minimum of three (3) firms to bid for each bid package using local subcontractors where possible. If less than three (3) firms are identified a justification will provided to the COUNTY for approval. • Prepare written bid packages with the Project Team. Packages shall be comprehensive, complete and shall cover all aspects of the assigned hid division or definition of work. • Organize bid packages to coordinate with the COUNTY's program, schedule and construction budget, utilizing construction phasing and scope of work acceptable to the COUNTY. • Distribute bid Information to subcontractors. • Respond to subcontractor questions during bidding. • Review bids received with the Project Team. • Obtain clarification of any subcontractor's bid qualifications as needed. • Prepare comparative analysis of }aids. • Review voluntary alternate recommendations. • Review alternates and recommend acceptance or rejection. 24 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) ■ The GMP must be within the Project Budget based upon the Construction Documents and must identify a precise scope of work, as a subset of the total project, if required, acceptable to the COUNTY. • All materials or labor for the Project which is shown in the Construction Documents or is reasonably inferable there from as being part of the Project and necessary to produce a finished job shall be provided for by the CONSTRUCTION MANAGER, whether or not such material or labor are expressly provided for in the Construction Documents. • Include all cost for permits and fees. The County will be responsible for paying all County permits. • Provide a Schedule of Values prior to finalization of the GMP including identifying prospective subcontractors, suppliers and sub -trades acceptable to the County. • Provide copies of bids and quotations solicited from prospective subcontractors, suppliers and sub -trades, 7. PROCUREMENT - SUBCONTRACTORS (the sub -tasks include: SubcontractorlVendor Solicitation; Scoping of Bid Pack ageslReview Bids for Assumptions, Clarifications and Missing ScopelDe-Scope Meetings with Subcontractors and Initialize a Procurement SchedulelFinalize) The CONSTRUCTION MANAGER shall keep costs as low as possible through aggressive use of competitive bidding procedures for all work. The CONSTRUCTION MANAGER will direct a well - coordinated procedure for all bid packages, and will obtain a minimum of three (3) written competitive quotations for those packages with an estimated value over $3,000, CONSTRUCTION MANAGER will comply with all applicable laws and any applicable grant requirements. If less than three (3) quotes are received a justification and will be provided to the COUNTY for approval. The CONSTRUCTION MANGER will prepare the subcontractor/vendor solicitations, including scoping of bids packages, review of bids for assumptions, clarifications and missing scope and conduct de -scope meetings with subcontractors. CONSTRUCTION MANAGER will assist the Design Consultant to ensure that completed bid documents used in conjunction with contract formats establish binding obligations for full performance through lump sum bidding within the framework of the GMP, The CONSTRUCTION MANGER will initialize a Procurement Schedule 1 Finalize. The following activities shall be completed by the CONSTRUCTION MANAGER for specialty equipment: • Coordinate with the Design Consultant during development of equipment specifications with operational criteria. Review specifications and incorporate COUNTY related items and requirements into design/construction process. ■ Solicit proposals from qualified vendors for equipment, installation and maintenance. ■ Coordinate proprietary equipment specifications from the successful vendor with construction drawings and details. • Obtain at least three (3) competitive bids for each bid package. Nothing contained in this Agreement shall require the COUNTY to accept any of the CONSTRUCTION MANAGER's proposals. Further, the CONSTRUCTION MANAGER agrees that the COUNTY has 25 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) the unrestricted discretion to reject the CONSTRUCTION MANAGER's proposal if, based on the COUNTY's opinion and judgment, the rejection of the proposals is in the COUNTY's best interest. Note: The County will require the Construction Manager to procure a minimum of three (3) bids, or demonstrate a good faith effort acceptable to the County that demonstrates attempts to obtain three (3) bids, subject to proprietary products and services and or waivers in accordance with the County's Procurement Ordinance. Single source or sole source recommended procurements shall be preapproved by the County. The Construction Manager shall provide the following services. • Participate in regularly -scheduled project coordination meetings. • Participate in constructability reviews at various levels of design. • Assist in the permitting processes, include all fees and permit fees in the GMP. The County will be responsible for County permit fees. • Provide value engineering throughout Project. • Continually evaluate quality, safety, and environmental factors. • Advise County regarding green building materials and methods, as well as recommendations for building life span and efficient operations. • Review final plans and specification for completeness and ADA compliance. • Provide estimating throughout the Project. • Submit GMP for review and negotiation. ■ Review architectural drawings to ensure coordination between disciplines. • Establish, implement and maintain quality control standards. 8. REIMBURSABLE COST The CONSTRUCTION MANAGER will be reimbursed at cost for documents, shipping and specifications. 26 cb) AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solici(ation No.. 17-7199) EXHIBIT B PROJECT SCHEDULE — PRECONSTRUCTION PHASES Description Cumulative Number of Calendar Days For Completion from Date of Notice to Proceed for Services under this Agreement PHASE I - GMP #01: LAKE EXCAVATION, CLEARING & GRUBBING 45 PHASE I — GMP #02: ARCH 1 ENGINEERING LAY OUT PLANS 1 CIVIL DESIGN, SITE UTILITES 1 CONSTRUCT HORIZONTAL WORK, FIELDS & PARKING 45 PHASE II -- GMP #03: STADIUM DESIGN & CONSTRUCTION 120 PHASE III — GMP #04: FIELD HOUSE DESIGN 1 FIELD HOUSE CONSTRUCTION 90 PHASE IV - GMP #5: 305 SITE / BALLFIELDS 65 TOTAL CUMMULATIVE CALENDAR DAYS 365 27 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solici(ation No.. 17-7198) EXHIBIT C FEE SCHEDULE — PRECONSTRUCTION PHASES 1. MONTHLY STATUS REPORTS C.I.I. As a condition precedent to payment, CONSTRUCTION MANAGER shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2, COMPENSATION TO CONSTRUCTION MANAGER C.2.1. For the Services provided for in this Agreement, the COUNTY agrees to make the payments to CONSTRUCTION MANAGER in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any line item noted below shall not be due until services associated with any such line item have been completed or partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the percentage complete. Task # Description Lump Sum PHASE I — GMP #01: LAKE EXCAVATION, CLEARING & GRUBBING 2 Master Design Phase Schedule 1 Project Construction Schedule & Updates 1 Final Schedule $1,762 3 Design Phase Review Meetings, Technical Support and Coordination 4 hrs each Total of 2 meetings) $3,230 4 Document Review Reporting (Includes the following below): $1,122 Logistics Review Design Review Report External Document Reviews Constructability Analysis Coordination Drawings 6 Estimate{s} 1 GMF 1 Scope Review $11,390 7 Procurement — Subcontractors include the following specific subtasks: Subcontractor 1 Vendor Solicitation $621 Scoping of Sid Packages 1 Review Bids for Assumptions, Clarifications and Missing Scope 1 De -Scope Meetings with S ubcontractors $3,297 Initialize and Procurement Schedule/Finalize $491 8 Reimbursable Costs: Documents/ Shipping & Specifications $480 TOTAL MAN-HOURS 186 -Hours $22,393 28 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRIICTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: I7-7148) Task# Description Lump Sum PHASE I — GMP #02: ARCH 1 ENGINEERING LAY OUT PLANS 1 CIVIL DESIGN, SITE UTILITES 1 CONSTRUCT HORIZONTAL WORK, FIELDS & PARKING 2 Master Design Phase Schedule 1 Project Construction Schedule & Updates 1 Final Schedule $3,302 3 Design Phase Review Meetings, Technical Support and $12,613 Coordination 4 hrs each Total of 6 meetings) 4 Document Review Reporting (Includes the following below): $1,122 Logistics Review Design Review Report External Document Reviews Constructability Analysis Coordination Drawings 5 Budget Management 1 Pre -construction Costs Events along with Value Management Meetings $2,033 6 Estimate(s)1 GMP 1 Scope Review $16,274 7 Procurement — Subcontractors include the following specific subtasks: Subcontractor/ Vendor Solicitation $1,244 Scoping of Bid Packages 1 Review Bids for Assumptions, Clarifications and Missing Scope 1 De -Scope Meetings with $5,740 Subcontractors Initialize a Procurement Schedule 1 Finalize $1,616 8 Reimbursable Costs: Documents/ Shipping & Specifications $699 TOTAL MAN-HOURS (369 -Hours) $44,643 PHASE 11— GMP #03: STADIUM DESIGN & CONSTRUCTION 2 Master Design Phase Schedule 1 Project Construction Schedule & Updates 1 Final Schedule $2,073 3 Phase Review Meetings, Technical Support and $6,305 JDesign Coordination 4 hrs each Total of 3 meetin s 4 Document Review Reporting (Includes the following below): $2,246 Logistics Review Design Review Report External Document Reviews Constructability Analysis Coordination Drawings 5 Budget Management 1 Value Engineering (Pre -construction $10,035 Costs Events along with Value Management Meetin s 6 Estimate(s)1 GMF 1 Scope Review $13,021 Direct Owner Purchase 1 Equipment Review Buying Log $2,52$ 29 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: I7-7198) Task # Description Lump Sum 7 Procurement — Subcontractors include the following specific subtasks: Subcontractor I Vendor Solicitation $3,538 Scoping of Bid Packages 1 Review Bids for Assumptions, Clarifications and Missing Scope 1 De -Scope Meetings with Subcontractors $6,053 Initialize a Procurement Schedule I Finalize $1,616 8 Reimbursable Costs: Documents/ Shipping & Specifications $917 TOTAL MAN-HOURS (404 -Hours) $48,332 PHASE III — GMP 404: FIELD HOUSE DESIGN 1 FIELD HOUSE CONSTRUCTION ] Site Investigation 1 Investigate and Review Similar / Existing Facilities & Site $1,074 Z Master Design Phase Schedule / Project Construction Schedule & Updates 1 Final Schedule $1,448 3 Design Phase Review Meetings, Technical Support and Coordination 4 hrs each Total of 4 meetings) $8,630 4 Document Review Reporting $2,246 Logistics Review Design Review Report External Document Reviews Constructability Analysis Coordination Drawings 5 Budget Management 1 Value Engineering (Pre -construction Costs Events along with Value Management Meetings) $13,931 6 Estimate(s) / GMP 1 Scope Review $9,909 Direct Owner Purchase 1 Equipment Review Buying Log $2,528 7 Procurement — Subcontractors include the following specific subtasks: Subcontractor 1 Vendor Solicitation $3,537 Scoping of Bid Packages 1 Review Bids for Assumptions, Clarifications and Missing Scope 1 De -Scope Meetings with Subcontractors $9,235 Initialize a Procurement Schedule I Finalize $2,424 g Reimbursable Costs: Documents/ Shipping & Specifications $1,529 TOTAL MAN-HOURS (366 -Hours) $56,491 30 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECON5TRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.,. 17-7198) 'Task Description Lump Sum PHASE IV - CMP #5: 385 SITE 1 BALLFIELDS 3 Design Phase Review Meetings, Technical Support and Coordination (4 hrs. each) (Total o£2 meetings) $ 4,481 4 Document Review Re ortin Includes the following below): $ 2,246 Logistics Review Design Review Report External Document Reviews Constructability Analysis Coordination Drawings 5 Estimates 1 GMP 1 Scope Review $7,459 Direct Owner Purchase 1 Equipment Review Buying Lo $1,265 7 Procurement — Subcontractors include the following specific subtasks: Subcontractor 1 Vendor Solicitation $2,295 _ Scoping of Bid Packages 1 Review Bids for Assumptions, Clarifications and Missing Scope 1 De -Scope Meetings with Subcontractors $5,114 Initialize a Procurement Schedule 1 Finalize $808 TOTAL MAN-HOURS 202 -Hours $23,668 GRAND TOTAL LUMP SUM FEE FOR ALL PRE -CONSTRUCTION PHASES $195,527 C.2.2. Lump Sum Fees: The fees noted in Section C.2.1. shall constitute the lump sum amount to be paid to CONSTRUCTION MANAGER for the performance of the Services. The hourly rates listed in Scheduie C — Attachment 1 may be used to quantify partial payments, but shall not alter the Total Lump Sum Fee in the event more or less than the total estimated hours are performed in completing all tasks. 0.2.2.1 CONSTRUCTION MANAGER shall submit, with each of the monthly status reports provided for under Section C.2.1 of this Schedule C, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. C.2.3. The compensation provided for under Section C.2.1. of this Schedule C, shall be the total and complete amount payable to CONSTRUCTION MANAGER for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. C.2.4. Notwithstanding anything in the Agreement to the contrary, CONSTRUCTION MANAGER acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSTRUCTION MANAGER shall continue to perform the Services required 31 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.. 17-7148) of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSTRUCTION MANAGER all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS C.3.1. Notwithstanding anything herein to the contrary, the CONSTRUCTION MANAGER shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. 0.3.1.1. Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. C.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSTRUCTION MANAGER for correction. Invoices shall be submitted on CONSTRUCTION MANAGER's letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. 32 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.. I7-7198) - SCHEDULE C — ATTACHMENT 1 CONSTRUCTION MANAGER AT RISK'S PRE -CONSTRUCTION HOURLY RATES Titles Hourly Rates Principal/Principal-in-Charge $225 Project DirectorlPreconstruction Manager $155 Project Liaison $155 Chief Estimator $160 Senior Estimator $100 Estimator $70 Senior Project Manager $130 Project Manager $110 Assistant Project Manager $75 Sr Project Engineer $65 Project Scheduler $115 Senior Superintendent $135 Site Superintendent $110 Safety Director $65 33 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7I98) EXHIBIT D INSURANCE SPECIFICATIONS — PRECONSTRUCTION PHASES 1. The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSTRUCTION MANAGER has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSTRUCTION MANAGER must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such Obligations. All self-insured retentions or deductibles will be CONSTRUCTION MANAGER's sole responsibility. 2. The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3. Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten (1 d) calendar days after Notice of Award is received by CONSTRUCTION MANAGER evidencing the fact that CONSTRUCTION MANAGER has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the COUNTY. CONSTRUCTION MANAGER shall also notify the COUNTY, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSTRUCTION MANAGER from its insurer, and nothing contained herein shall relieve CONSTRUCTION MANAGER of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSTRUCTION MANAGER hereunder, CONSTRUCTION MANAGER shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. S. All insurance coverages of the CONSTRUCTION MANAGER shall be primary to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7. The CONSTRUCTION MANAGER shall require each of its subconsultant's to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant's are expressly waived in writing by the COUNTY. 34 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) '� 8. Should at any time the CONSTRUCTION MANAGER not maintain the insurance coverages required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSTRUCTION MANAGER for such coverages purchased. If CONSTRUCTION MANAGER fails to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due CONSTRUCTION MANAGER under this Agreement or any other agreement between the COUNTY and CONSTRUCTION MANAGER. The COUNTY shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9, If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSTRUCTION MANAGER shall fumish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy{). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSTRUCTION MANAGER and the COUNTY may terminate the Agreement for cause. 10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Required by this Agreement? ® Yes ❑ No Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSTRUCTION MANAGER during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than; a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained where applicable to the completion of the work. Required by this Agreement? ❑ Yes ® No 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? ❑ Yes ® No 13. COMMERCIAL GENERAL LIABILITY. 35 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPURTS COMPLEX (Solicitation No.. 17-7198) Required by this Agreement? ® Yes ❑ No Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSTRUCTION MANAGER. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the following: Coverage shall have minimum limits of $1,400,000 Per Occurrence, $2,000,000 aggregate. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using, the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSTRUCTION MANAGER, Deductibles or self-insured retentions carried by the CONSTRUCTION MANAGER shall be subject to the approval of the Risk Management Director or his/her designee. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 14. Watercraft Liability coverage shall be carried by the CONSTRUCTION MANAGER or the SUBCONSTRUCTION MANAGER in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Required by this Agreement? ❑ Yes ® No 15. Aircraft Liability coverage shall be carried by the CONSTRUCTION MANAGER or the SUBCONSTRUCTION MANAGER in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Required by this Agreement? ❑ Yes ® No 16. AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? ® Yes ❑ No 36 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION 1 PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (solicitation No.: 17-7198) Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The ownership. 17. CYBER INSURANCE. Required by this Agreement? ❑ Yes ® No Cyber Insurance: Coverage shall have minimum limits of $0 Per Occurrcncc. 18. UMBRELLA LIABILITY. A. Umbrella Liability may be maintained as part of the liability insurance of the CONSTRUCTION MANAGER and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. B. The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. 19. PROFESSIONAL LIABILITY INSURANCE. Required by this Agreement? ❑ Yes ® No A. Professional Liability: Shall be maintained by the CONSTRUCTION MANAGER to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSTRUCTION MANAGER waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSTRUCTION MANAGER, Deductible amounts are subject to the approval of the COUNTY. C. The CONSTRUCTION MANAGER shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSTRUCTION MANAGER or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSTRUCTION MANAGER shall promptly submit Certificates of Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSTRUCTION MANAGER shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSTRUCTION MANAGER from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSTRUCTION MANAGER shall 37 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTCON PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSTRUCTION MANAGER shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. 20. VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSTRUCTION MANAGER may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 21. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSTRUCTION MANAGER that a project professional liability policy will be purchased, then CONSTRUCTION MANAGER agrees to use its best efforts in cooperation with the COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSTRUCTION MANAGER's professional liability policy. If no credit is available from CONSTRUCTION MANAGER's current professional pol icy underwriter, then CONSTRUCTION MANAGER agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). The CONSTRUCTION MANAGER agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSTRUCTION MANAGER, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project - specific professional liability insurance policy in consideration for a reduction in CONSTRUCTION MANAGER's self-insured retention and the risk of uninsured or underinsured CONSTRUCTION MANAGER's. B. The CONSTRUCTION MANAGER agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. b. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSTRUCTION MANAGER to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSTRUCTION MANAGER and its professional subconsultant's as named insureds. 38 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (solicitation No.. 17-7198)