#17-7198 Amendment #2 (Manhattan Construction (FL), Inc.) /
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SECOND AMENDMENT TO AGREEMENT # 17-7198
FOR CONSTRUCTION MANAGEMENT AT RISK CONTRACT
CONSTRUCTION PHASE SERVICES FOR COLLIER COUNTY
SPORTS COMPLEX
PROJECT NO: 50156
DATE OF CONTRACT: Marcha(p, 2019
PROJECT NAME AND Construction Manager at Risk Services For
LOCATION: Collier County Sports Complex Project
Naples, Florida 34117
CONSTRUCTION MANAGER: Manhattan Construction(Florida), Inc.
3705-1 Westview Drive
Naples,FL 34104
(239)643-6000
Florida GCG#1525079
DESIGN PROFESSIONAL: Davidson Engineering, Inc.
4365 Radio Road#201
Naples, Florida 34104
SECOND
AMENDMENT TO AGREEMENT d 17-7198
THIS SECOND AMENDMENT, is made and entered into as of this(j 'day of March,2019
by and between Board of County Commissioners,Collier County,Florida, a political subdivision of
the State of Florida,hereinafter referred to as the"Owner"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, on February 13, 2018, Agenda Item 16.D.21, the County entered into an
Agreement with CONSTRUCTION MANAGER for Construction Management at Risk services for
Preconstruction Phase Services for the Collier County Sports Complex(the"Agreement");and
WHEREAS, pursuant to Section XI.E., Basis of Guaranteed Maximum Price, of the
Agreement,the parties agreed to Amend the Agreement to specifically address the future incorporation of
the Construction Phase Services portion of the project;and
WHEREAS, on September 25, 2018, the Parties entered into a First Amendment to the
Agreement for Phase 0 GMP#001 Lake Excavation, Clearing& Grubbing services for the Collier County
Sports Complex;and
WHEREAS,the Parties wish to amend the Agreement to incorporate the Phase 1A—GMP#02
— Horizontal and Vertical Work Package, set the Guaranteed Maximum Price for this Phase of the
project,as well as establishing the Construction Manager's Fee,and including all other provisions necessary
to promote the successful performance of the Construction Phase of the project, as reflected in the
Construction Phase Services Additional Terms and Conditions(attached hereto).
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained,it is agreed by the parties as follows:
1. CONSTRUCTION MANAGER'S FEE. The Construction Manager's Fee for work or
services performed during the Construction of Phase 1A— GMP#02 - Horizontal and Vertical Work
Package in the amount of Nine-Hundred Nineteen Thousand Five Hundred and Fifty-Three 00/100
Dollars($919,553.00).
2. COST OF ME WORK. The total cost of Phase 1A—GMP#02 -Horizontal and Vertical
Work Package is Twenty-Nine Million Eight Hundred Thirty-Eight Thousand Two Hundred Twelve
and 00/100($29,838,212.00).
3. GUARANTEED MAXIMUM. Pursuant to Section XI. Basis of Guaranteed Maximum
Price, of the Agreement and as otherwise more specifically set forth in this Amendment,the Construction
Manager's Guaranteed Maximum Price for Phase 1A — GMP#02 - Horizontal and Vertical Work
Package only, including the Construction Manager's Fee and cost of the Work is Thirty Million Seven
Hundred Fifty-Seven Thousand Seven Hundred Sixty-Five($30,757,765.00).
See Exhibit E, attached. This cost is for the performance of the Work in accordance with the Contract
Documents listed and attached to this First Amendment,which is incorporated herein.
4. CONTRACT TIME.The total time beginning with the Construction Phase 1A—GMP#02
- Horizontal and Vertical Work Package Work Commencement Date to the date of Substantial
Completion of the Work is 13 months calendar days("Contract Time").
5. AMENDMENT TO CONSTRUCTION PHASE SERVICES ADDITONAL TERMS
AND CONDITIONS. The Construction Phase Services Additional Terms and Conditions attached to the
First Amendment to the Agreement is hereby revised and replaced per attached Exhibit 1.
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SECOND AMENDMENT TO AGREEMENT#17-7198
IN WITNESS WHEREOF, the parties hereto, have each,respectively, by an authorized person or agent,
have executed this Amendment on the date and year first written above.
ATTEST: OWNER:
Crystal K. Kinzel, Clerk of Courts Board of County Commissioners,Collier
and Comptroller County,Fl i , ; : ' ical subdivision
o the t: i ' o ida
10,
BY: _ M5 BY:
V
W Liam L. McDaniel, Jr.,Chairman
Dated: s f . ,..1 . s (1
(SEAL) 'Attest as to Char an's
signature only.
CONSTRUCTION MANAGER's Witnesses: CONSTRUCTION MANAGER:
Manhattan onstruction(FI rida),Inc.
b , -�
First Witness
ot.l Sr rz. Gordon Knapp,
Type/print witness name Senior Vice President- Florida
Second Witness
aAA'TT trJ►10L.(G)A)
Type/print witness name
• pprov-o as to 'o and Legality:
t R. Teach
Deputy County Attorney
Way a Alf
SECOND AMENDMENT TO AGREEMENT N 17-7198
Exhibit 1
Construction Phase Services Additional Terms and Conditions
ARTICLE DESCRIPTION PAGE
1. THE CONSTRUCTION TEAM AND EX FENT OF AGREEMENT 8
1.1 The Construction Team 8
1.2 Extent of Agreement 8
1.3 Definitions 9
2. CONSTRUCTION MANAGER'S SERVICES 10
2.1 General 10
2.2 Review of Contract Documents and Field Conditions 10
2.3 Job-Site Facilities and Weather Protection 11
2.4 Construction Phase 11
3. OWNER'S RESPONSIBILITIES 22
3.1 Owner's Information 22
3.2 Owner's Representative 22
3.3 Design Professional's Agreement 22
3.4 Site Survey And Reports 22
3.5 Approvals And Easements 23
3.6 Legal Services 23
3.7 Drawings And Specifications 23
3.8 Cost Of Surveys And Reports 23
3.9 Project Fault Defects 23
3.10 Funding 23
3.11 Lines Of Communication 23
3.12 Lines Of Authority 23
3.13 Permitting&Code Inspections 24
4. PERMITTING AND INSPECTION 24
4.1 Building Permits 24
4.2 Code Inspections 24
5 SUBCONTRACTS 24
5.1 Definition 24
5.2 Proposals 24
5.3 Required Subcontractors'Qualifications And Subcontract Conditions 24
5.4 Responsibilities For Acts And Omissions 26
5.5 Subcontracts To Be Provided 26
5.6 Payment to Subcontractors 26
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ARTICLE DESCRIPTION PAGE
6. SCHEDULE,TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 27
6.1 Project Substantial Completion Date,Project Final Completion Date And Owner Occupancy 27
Date
6.2 Liquidated Damages 26
6.3 For Delay in Substantial Completion 26
6.4 For Delay in Final Completion 27
6.5 Construction Manager Delay 28
6.6 Date of Owner Occupancy 28
7. GUARANTEED MAXIMUM PRICE FOR CONSTRUCTION 28
7.1 Guaranteed Maximum Price(GMP)Proposal 28
7.2 GMP Amendment(Amendment No. 1)(see,Exhibit E) 28
7.3 GMP Allowance 29
7.4 GMP Final Completion 29
7.5 GMP General Conditions and General Requirements 29
8. CONSTRUCTION MANAGER'S FEE 30
8.1 Fee 30
8.1.1 Preconstruction Phase Fee 30
8.1.2 Construction Phase Fee 30
9. COST OF THE WORK 30
9.1 Definition 30
9.2 Direct Cost Items 30
10. CHANGE IN THE PROJECT 33
10.1 Change Orders 33
10.2 Claims For Additional Cost Or Time 34 .
10.3 Minor Changes In The Project 34
10.4 Emergencies 34
11. DISCOUNTS AND PENALTIES 34
11.1 Discounts And Penalties 34
12. PAYMENTS TO THE CONSTRUCTION MANAGER 35
12.1 Monthly Applications for Payments 35
12.2 Final Payment 36
12.3 Payments To Subcontractors 37
12.4 Delayed Payments By Owner 37
12.5 Payments For Materials And Equipment. 37
12.6 Withholding Payments To Subcontractors 37
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ARTICLE DESCRIPTION PAGE
13. INSURANCE,INDEMNITY AND WAIVER OF SUBROGATION 38
13.1 Indemnity 38
13.2 Construction Manager's Insurance 38
13.3 Owner's Insurance 40
13.4 Other Insurance Terms 40
13.5 Waiver Of Subrogation 41
14. TERMINATION OF THE AGREEMENT AND OWNER'S RIGHT TO PERFORM 42
CONSTRUCTION MANAGER'S OBLIGATION
14.1 Termination By The Construction Manager 42
14.2 Owner's Right To Perform Construction Manager's Obligations And Termination 42
By Owner For Cause
14.3 Termination By Owner Without Cause 43
15. ASSIGNMENT AND GOVERNING LAW 44
15.1 Assignment Consent 44
15.2 Governing Laws 44
16. NOTICE OF CLAIM;WAIVER OF REMEDIES;PROCEDURE FOR DELAY CLAIM 44
16.1 Notice of Claim 44
16.2 Resolution of Claims and Disputes,Generally 44
16.3 Venue 45
16.4 Remedy for Delay 45
16.5 Waiver of Consequential Damages 45
17. MISCELLANEOUS 45
17.1 Harmony 45
17.2 Apprentices 46
17.3 Applications for Payment 46
17.4 Construction Manager's Project Records 46
17.5 Minority Participation 46
17.6 Construction Managers Payment Rights 46
17.7 Public Entity Crime Information Statement 46
17.8 Unauthorized Aliens 46
17.9 Electronic Mail Capabilities 47
17.10 Captions and Section Headings 47
17.11 Agreement Preparation 47
17.12 Third Party Beneficiaries 47
17.13 Definition of"day" 47
17.14 Statutory Disclosures 47
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SECOND AMENDMENT TO AGREEMENT 4 17-7198
EXHIBITS DESCRIPTION
A Construction Team Assigned Representatives
B Construction Manager's Key Personnel Assigned to the Project
C Certificate of Substantial Completion
D Construction Manager's Final Payment Affidavit
E GMP Proposal
F Payment and Performance Bond Form
G Construction Manager's Standard Rates
H Release and Affidavit Form
I Form of Contract Application for Payment
J Consent of Surety
K Change Order
L Final Payment Check List
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SECOND AMENDMENT TO AGREEMENT#17-7198
ARTICLE 1
THE CONSTRUCTION TEAM AND EXTENT OF AMENDMENT
The Construction Manager accepts the relations of trust and confidence established between it and the
Owner by this Amendment. Construction Manager covenants with the Owner to: furnish Construction
Manager's best skill and judgement and to cooperate with the Design Profession in furthering the interests
of the Owner. Construction Manager agrees to furnish efficient business administration and
superintendence and use its best efforts to complete the Project in the best,most expeditious and economical
manner consistent with the interest of the Owner.
1.1 The Construction Team - The Construction Manager, Owner's representative, and the Design
Professional, called the "Construction Team", shall work jointly during design and through final
construction completion and shall be available thereafter should additional services be required.
The Design Professional will provide leadership during the Preconstruction Phase with support
from the Construction Manager and the Construction Manager shall provide leadership to the
Construction Team on all matters relating to construction.
The specific representatives of the"Construction Team"are shown in Exhibit A attached.
1.2 Extent of Amendment — Upon execution, this Second Amendment to Contract No. 17-7198,
"Agreement for Construction Manager at Risk Preconstruction Phase Services Collier County
Sports Complex" located in Naples,FL,34117,between-the Owner and the Construction Manager
specifically amends that Agreement to address the Construction Phase Services portion of the
project, to incorporate the Phase 1A — GMP#02 -Horizontal and Vertical Work Package
guaranteed maximum proposal, establish the Construction Manager's Fee and to include all other
provisions necessary to promote the successful subsequent performance of the Construction Phases
of the project. This Amendment supersedes any prior negotiations or representations with respect
to the Construction Phase Services for this project,with respect to Phase 1A-GMP#02-Horizontal
and Vertical Work Package, and for subsequent phases of the Project, subject to further
amendments by the Parties. When drawings, specifications and other descriptive documents
defining the work to be included under a construction authorization are complete, they shall be
identified in the construction authorization issued by Owner's Representative. When drawings,
specifications and other descriptive documents defining the work to be included in the Guaranteed
Maximum Price(GMP)are sufficiently complete,an Amendment to the Agreement shall be signed
by the Owner and Construction Manager, acknowledging the GMP amount and the drawings,
specifications and other descriptive documents upon which the GMP is based. To expedite the
preparation of this GMP Amendment by the Owner,the Construction Manager shall(i)obtain three
(3)sets of signed, sealed and dated drawings; (ii)obtain one(1)reproducible set of drawings; (iii)
obtain specifications and other documents upon which the GMP is based from the Design
Professional;(iv)shall acknowledge on the face of each document of each set that it is the set upon
which Construction Manager based its GMP; and shall send one set of the documents to Owner's
Representative along with its GMP Proposal(see,subsection 7.1).Construction Manager shall keep
one set for himself and return one set to the Design Professional. The GMP Proposal shall include
the following sections:
Section One: GMP Budget Summary
Section Two: GMP Clarifications and Assumptions
Section Three: General Conditions Budget Estimate
Section Four: Allowances (if required)
Section Five: GMP Aggregate Bid Tabulations
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Section Six: Preliminary Construction Schedule
Section Seven Document Rider—List of Contract Documents (including Plans and
Specifications to which the GMP Budget is based upon)
Section Eight Site Utilization Plan
Section Nine Value Engineering Tracker(if required)
The final subcontractor bid tabulations shall be provided within ten(10)business days of approval
of this contract or prior to the issuance of the notice to proceed, whichever occurs first. This
Amendment shall not be superseded by any provisions of the documents for construction and may
be amended only by written instrument signed by both Owner and Construction Manager.
1.3 Definitions:
Allowances-Generally,the term"Allowance"shall mean a line item in the budget identified in the
schedule of values that has not been fully designed but desired in the Project and included in the
GMP. The Construction Manager shall seek the Owner's approval when the item is ready to be
included in the construction.The allowance will be part of the GMP and subject to the Construction
Manager's fee. Unused allowance shall be reallocated to the Owner's Contingency after the item
has been completed and reduced in the final calculation for the Construction Manager's fee.
Design Professional-Davidson Engineering,Inc.,4365 Radio Road,#201,Naples,FL 34104
Construction Manager- Manhattan Construction (Florida), Inc., 3705-1 Westview Drive, Naples,
FL 34104(239)643-6000
Estimate-The Construction Manager's latest estimate of probable project construction cost.
Owner-Board of County Commissioners of Collier County,Florida
Owner's Contingency-Owner's Contingency shall be an amount,determined by the Owner,which
will be available to the Owner to pay for Project costs which are expressly chargeable to the Owner
or determined to be the Owner's responsibility. This contingency shall not be included in the
calculation for the Construction Manager's fee. If the Owner uses this Owner Contingency to add
scope to the Work of the Construction Manager,the Construction Manager's fee, insurance,bonds
and any applicable added General Conditions will be included in the Change Order to add the scope.
Owner's Representatives- The person or person(s) designated by the Owner to provide direct
interface with the Construction Manager with respect to the Owner's responsibilities.
Permitting Authority-Any governmental agency having jurisdiction over any portion of the Project.
Project- The Project is the total work to be performed under this Agreement. The Project consists
of permitting, zoning, construction and code inspection for Project No. 50156, Collier County
Sports Complex,Naples,Florida,34117,necessary to build the various phased component parts of
the Project.
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SECOND AMENDMENT TO AGREEMENT#17-7198
ARTICLE 2
CONSTRUCTION MANAGER'S SERVICES
The services which the Construction Manager shall provide include,but are not limited to,those described
or specified herein.The services described or specified shall not be deemed to constitute a comprehensive
specification having the effect of excluding services not specifically mentioned.
2.1 General—The Construction Manager shall perform the Work of the Project in accordance with the
Contract Documents. Unless stated differently in any GMP Amendment, the Construction Phase shall
commence after the Owner's acceptance of the Construction Manager's GMP Proposal and upon the
Owner's issuance of a Notice to Proceed(hereinafter the"Commencement Date").Within five(5)calendar
days after issuance of the Notice to Proceed,the Construction Manager shall deliver to the Owner a detailed
Project Schedule. This Project Schedule shall also include the calendar dates for the delivery or completion
of all documents,reports,or other data,as required by this Agreement.Until the Project has reached a stage
of Final Completion,the Construction Manager shall report on the progress of the Project to the Owner as
provided herein.
2.2 Review of Contract Documents and Field Conditions
(1) By execution of this Amendment, the Construction Manager represents that it has visited the
site,become generally familiar with local conditions under which the Work is to be performed
and correlated personal observations with requirements of the Contract Documents.
(2) Because the Contract Documents are complementary,the Construction Manager shall,before
starting each Phase of the Work,carefully study and compare the various Contract Documents
relative to that portion of the Work,as well as the information furnished by the Owner pursuant
to Article 3, shall take field measurements of any existing conditions related to that portion of
the Work,and shall observe any conditions at the site affecting it.These obligations are for the
purpose of facilitating coordination and construction by the Construction Manager and are not
for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;
however,the Construction Manager shall promptly report to the Design Professional any errors,
inconsistencies or omissions discovered by the Construction Manager. It is recognized that the
Construction Manager's review is made in the Construction Manager's capacity as a contractor
and not as a licensed design professional.
(3) The Construction Manager is not required to ascertain that the Contract Documents are in
accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful
orders of public authorities,but the Construction Manager shall promptly report to the Design
Professional any nonconformity discovered by the Construction Manager.
(4) If the Construction Manager believes that additional cost or time is involved because of
clarifications or instructions the Design Professional issues in response to Construction
Manager's notices or requests for information pursuant to Sections 2.2(2) or 2.2(3), the
Construction Manager shall notify the Owner and Design Professional. If the Construction
Manager performs the obligations of Sections 2.2(2)and/or 2.2(3),the Construction Manager
shall not be liable to the Owner or Design Professional for damages resulting from errors,
inconsistencies or omissions in the Contract Documents, for differences between field
measurements or conditions and the Contract Documents, or for nonconformities of the
Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and
lawful orders of public authorities.
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SECOND AMENDMENT TO AGREEMENT#17-7198
2.3 Job-Site Facilities and Weather Protection
(1) Job-Site Facilities—The Construction Manager shall arrange for all job-site facilities necessary
to enable the Construction Manager to perform its duties in the management and supervision
of construction. Tangible personal property otherwise referred to as job-site facilities, include
but are not limited to such things as trailers,toilets,and any other equipment necessary to carry
on the Project. The Construction Manager shall ascertain what temporary enclosures,if any,of
building areas should be provided for in order to assure orderly progress of the work in periods
when extreme weather conditions are likely to be experienced.
When Construction Manager wishes to supply job-site facilities from his own equipment pool,
he shall first evaluate buy versus lease as discussed in the paragraph above. If leasing is found
to be the least expensive approach, then he may lease such job-site facilities from his own
equipment pool subject to the Owner's approval.
All such facilities purchased will become the property of the Owner at the conclusion of the
Project. The Construction Manager shall maintain ownership responsibilities of such facilities
until the project conclusion. Reimbursement for cost of such equipment will be made at the
conclusion of the Project at the documented purchase price. At that time, the Construction
Manager shall provide the Owner with a complete inventory for each unit of equipment. The
inventory shall describe the equipment and identify the purchase price, serial number, model
number and condition.Where said equipment has a title, said title shall be properly transferred
to the Owner or to his designee.
The Construction Manager is responsible for proper care and maintenance of all equipment
while in his control.
2.4 Construction Phase -
(1) Construction Manager's Staff- The Construction Manager shall maintain sufficient off-site
support staff, and competent full time staff at the Project site authorized to act on behalf of the
Construction Manager to coordinate, inspect and provide general direction of the work and
progress of the subcontractors and shall provide no less than those personnel during the
respective phases of construction that are set forth in Exhibit B to this Agreement.Construction
Manager shall not change any of those persons named in Exhibit B unless mutually agreed to
by the Owner and Construction Manager. In such case, the Owner shall have the right of
approval of the qualifications of replacement personnel. Such approval will not be
unreasonably withheld.
(2) Lines of Authority-The Construction Manager shall establish and maintain lines of authority
for its personnel,and shall provide this definition to the Owner,the Subcontractors,the Design
Professional and the Owner's Representatives, to provide general direction of the work and
progress of the various phases and subcontractors.
Construction Manager shall have full authority and responsibility to administer the
Subcontractors and suppliers working under its tier.
(3) Schedule Provisions-The Construction Manager shall provide subcontractors and the Owner,
its representatives and the Design Professional, with sufficient copies of the documents as
required to identify their scopes during the Construction Phase,identify milestones,beginning
and finishing dates, their respective responsibilities for performance and the relationships of
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SECOND AMENDMENT TO AGREEMENT#17-7198 CA 0
their work with respect to suppliers and other subcontractors. The Construction Manager shall
also continue to provide current scheduling information and provide direction and coordination
regarding milestones, beginning and finishing dates, responsibilities for performance and the
relationships of the Construction Manager's work to the work of its subcontractors and
suppliers to enable them to perform their respective tasks so that the development of
construction progresses in a smooth and efficient manner in conformance with the overall
project schedule. The schedule shall include all phases of the construction work, material
supplies, long lease procurement, approval of shop drawings, change orders in progress,
schedules for change orders,and performance testing requirements.The Construction Manager
shall advise the Owner, its representatives and the Design Professional of their required
participation in any meeting or inspection giving each at least one week notice unless such
notice is made impossible by conditions beyond its control. Construction Manager shall hold
job-site meetings at least once each month with the Construction Team and at least once each
week with the subcontractors and the Design Professional's Field Representative, or more
frequently as required by work progress, to review progress, discuss problems and their
solutions and coordinate future work with all subcontractors.
(4) Solicitation of Bids
(a) Construction Manager shall prepare invitations for bids, or requests for proposals when
applicable, for all procurements of long lead items, materials and services, and for
Subcontractor contracts.Such invitations for bids shall be prepared in accordance with the
following guidelines. Award of bid shall be given to the lowest, qualified, responsive
vendor:
1. Contracts not exceeding $15,000 may be entered into by the Construction Manager
with the firm, which submits the lowest verbal responsible and responsive quotation.
The Construction Manager shall request a minimum of three (3) verbal quotations.
These quotations shall be entered on a bid tabulation sheet and a copy of such
tabulation sent to the Owner, Design Professional and to each firm. The successful
quotation shall be confirmed by written contract or purchase order to the low bid firm
defining the scope and quality of work to be provided.
2. Contracts exceeding $15,000 but not exceeding $50,000 may be entered into by the
Construction Manager with the firm who is qualified and submits the lowest
responsible and responsive proposal. The Construction Manager shall obtain written
bids/proposals from a minimum of three (3) firms based on approved plans and
specifications. The written bids/proposals shall all be submitted to the Design
Professional and the Owner for approval.A tabulation of the results shall be furnished
to the Owner,Design Professional and to each firm.
3. Contracts exceeding $50,000 may be entered into by the Construction Manager with
the firm who is qualified and submits the lowest responsible and responsive
bid/proposal. In obtaining bids/proposals,the Construction. Manager shall ensure that
its award practices provide fair and equitable opportunities for a broad range of
vendors/contractors to respond to the Owner's needs. The Construction Manager shall
obtain written bids/proposals from a minimum of three (3) firms based on approved
plans and specifications, when available. Bids/proposals shall be received and
submitted to the Design Professional and the Owner for approval. Should the
Construction Manager receive less than three (3)bids/proposals, it may proceed only
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SECOND AMENDMENT TO AGREEMENT#17-7198
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if the Design Professional certifies to the Owner that the recommended pricing is
reasonable,and representative of the market and the Owner agrees.
4. Site utilities may be acquired at market rates from the entity(ies)providing such in the
franchise area.
5. Bidding shall not be required for change order work with subcontractors who
Construction Manager is already under subcontract.
6. Construction Manager hereby discloses that it has a relationship to the following
entities:Safezone Glass and Glazing and Spectrum Contracting. Owner acknowledges
that these entities are not disqualified from the subcontractor bidding process or from
being awarded a subcontract solely because of this relationship.
(b) As part of such preparation,the Construction Manager shall review the specifications and
drawings prepared by the Design Professional. Ambiguities, conflicts or lack of clarity of
language, use of illegally restrictive requirements, and any other defects in the
specifications or in the drawings noted by the Construction Manager shall be brought to
the attention of Owner's Representative and Design Professional in written form.
(c) For each separate construction subcontract,the Construction Manager shall,unless waived
by Owner,conduct a pre-bid conference with prospective bidders,the Design Professional
and Owner's Representative. In the event questions are raised which require an
interpretation of the bidding documents or otherwise indicate a need for clarification or
correction of the invitation, the Construction Manager shall transmit these to the Design
Professional and upon receiving clarification or correction in writing shall prepare an
addendum to the bidding document, and issue same to all of the prospective bidders.
(d) The Construction Manager shall establish a qualification procedure for applicable
subcontract trades.
(e) Prior to awarding any subcontract for an amount over$25,000,the Construction Manager
shall conduct a pre-award conference with the awarded bidder at the receipt of
subcontractor bids. The Design Professional and the Owner's Representative shall be
invited to all such meetings. At the pre-award meeting, the Construction Manager and
prospective subcontractor shall review all aspects of the scope of the work to assess the
capability of the subcontractor to fulfill the needs of the Project, including the
subcontractor qualification information required pursuant to Article 5.3.2. Subjects
covered may include schedule, manufacturers used in bidding the work, manpower,
supervisory personnel,value engineering suggestions,etc.Within forty-eight(48)hours of
the pre-award conference, the Construction Manager shall decide whether to accept or
reject the lowest responsive bidder and to enter into the same process with the next lowest
bidder. The Construction Manager shall make sure that the Design Professional and the
Owner are in agreement with the Construction Manager when choosing not to accept the
lowest bidder due to his professional opinion that the low bidder will not be able to meet
the quality desired,schedule,or other factors identified by the Construction Manager.The
GMP approved in this contract will reflect that the parties agree with the selection of
subcontractors.
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SECOND AMENDMENT TO AGREEMENT#17-7198 CAO
(5) Bonds—The Construction Manager shall provide to the Owner a Payment and Performance
Bond in the form attached hereto as Exhibit F,and cost of such Bond shall be included as Cost
of the Work in the GMP.
(6) Quality Control-The Construction Manager shall develop and maintain a program,acceptable
to the Owner and Design Professional, to assure quality control of the construction.
Construction Manager shall supervise the work of all subcontractors providing instructions to
each when their work does not conform to the requirements of the plans and specifications and
Construction Manager shall continue to exert its influence and control over each subcontractor
to ensure that corrections are made in a timely manner so as to not affect the efficient progress
of the work. Should disagreement occur between the Construction Manager and Design
Professional over acceptability of work and conformance with the requirements of the
specifications and plans,the Owner shall be the final judge of performance and acceptability.
(7) Subcontractor Interfacing-Construction Manager shall be the single point of interface with all
subcontractors for the Owner and all of its agents and representatives including the Design
Professional. Construction Manager shall negotiate all change orders,field orders and request
for proposals,with all affected subcontractors and shall review the costs of those proposals and
advise the Owner and Design Professional of their validity and reasonableness, acting in the
Owner's best interest prior to requesting approval of each change order from the Owner.Before
any work is begun on any change order,a written authorization from the Owner must be issued.
However, when health and safety are threatened, the Construction Manager shall act
immediately to remove the threat to health and safety. Construction Manager shall also
carefully review all shop drawings and then forward the same to the Design Professional for
review and actions. The Design Professional will transmit them back to the Construction
Manager who will then issue the shop drawings to the affected subcontractor for fabrication or
revision. Construction Manager shall maintain a suspense control system to promote
expeditious handling. Construction Manager shall request the Design Professional to make
interpretations of the drawings or specifications requested of him by the subcontractors and
shall maintain a suspense control system to promote timely response. Construction Manager
shall advise Owner's Representative and Design Professional when timely response is not
occurring on any of the above.
(8) Permits - The Construction Manager with assistance of Design Professional shall secure all
necessary building and site permits, required zoning changes, and all necessary utility
connection permits(collectively,the"Permits").Collier County charges and fees in connection
with securing such permits,zoning changes and utility connections shall be paid directly by the
Owner. If Construction Manager performs any work without first obtaining, or contrary to,
such permits,Construction Manager shall bear all costs arising therefrom.
(9) Job Site Requirements
(a) The Construction Manager shall provide for each of the following activities as a part of the
Construction Phase General Conditions costs:
1. Maintain a log of daily activities,including manpower records,weather,delays,major
decisions,etc.
2. Maintain a roster of companies on the Project with names and telephone numbers of
key personnel.
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SECOND AMENDMENT TO AGREEMENT#17-7198
3. Establish and enforce job rules governing parking, clean-up, use of facilities and
worker discipline.
4. Provide labor relations management for a harmonious,productive project.
5. Provide a safety program for the Project to meet OSHA requirements. Monitor for
subcontractor compliance without relieving them of responsibilities to perform work
in accordance with the best acceptable practice.
6. Provide a quality control program as developed under Article 2.4(6)hereinabove.
7. Miscellaneous office supplies that support the construction efforts, which are
consumed by its own forces.
(b)The Construction Manager shall provide personnel and equipment or shall arrange for
separate subcontracts to provide each of the following as a direct cost item:
I. Schedule the services of independent testing laboratories and provide the necessary
testing of materials to ensure conformance to contract requirements.
2. The printing and distribution of all required bidding documents and shop drawings,
including the sets required by any Permitting Authority.
(10) Job Site Administration-The Construction Manager shall provide as a part of the General
Conditions costs, job site administrative functions during construction to assure proper
documentation, including but not limited to such things as the following:
(a) Job Meetings-Hold weekly progress and coordination meetings to provide for an
easy flowing project. Implement procedures and assure timely submittals, expedite
processing approvals and return of shop drawings, samples, etc. Coordinate and expedite
critical ordering including direct tax saving purchases and delivery of materials, work
sequences, inspection and testing, labor allocation, etc. Review and coordinate each
subcontractor's work. Review, and implement revisions to the Schedule. Monitor and
promote safety requirements. In addition, regular Project status meetings will be held
between the Design Professional, Owner and Construction Manager either biweekly or
monthly,whichever is designated by the Owner's Representative.
Use the job site meeting as a tool for preplanning of work and enforcing schedules and for
establishing procedures, responsibilities, and identification of authority for all to clearly
understand.
Identify party or parties responsible for follow-up on any problems, delay items or
questions and record course for solution. Revisit each pending item at each subsequent
meeting until resolution is achieved.Require all present to make any problems or delaying
event known to those present for appropriate attention and resolution. •
(b) Shop Drawing Submittals/Approvals - Provide staff to check shop drawings and
to implement procedures for submittal and transmittal to the Design Professional of such
drawings for action,and closely monitor their submittal and approval process.
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(c) Material and Equipment Expediting-Provide staff to closely monitor material and
equipment deliveries, critically important checking and follow-up procedures on supplier
commitments of all subcontractors.
(d) Payments to subcontractors - Develop and implement a procedure for review,
processing, and payment of applications by Subcontractors for progress and final
payments.
(e) Document Interpretation - Refer all questions for interpretation of the documents
prepared by the Design Professional to the Design Professional.
(f) Reports and Project Site Documents - Record the progress of the project. Submit
written progress reports to the Owner and the Design Professional including information
on the subcontractor's work, and the percentage of completion. Keep a daily log available
to Owner's Representative and Design Professional.
(g) Substantial Completion— Substantial Completion is the stage in the progress of the
Work when the Work or designated portion thereof is sufficiently complete in accordance
with the Contract Documents so that the Owner can occupy or utilize the Work for its
intended use.Within 10 calendar days after the Construction Manager declares the Project
to have reached a stage of Substantial Completion, (A) the Design Professional shall
inspect the work and if he concurs with the Construction Manager issue a Certificate of
Substantial Completion attesting thereto (See Exhibit C); and (B) the Construction
Manager, Design Professional, and the Owner's representative shall walk through the
Project and prepare one (1) written list (hereinafter the "Punch List") identifying
specifically and in detail any Work that Owner reasonably believes needs to be completed
before Final Completion is achieved.Construction Manager shall promptly commence and
complete all work on the Punch List with reasonable diligence. During this time, Owner
may withhold for the benefit of the Construction Manager an amount reasonably equivalent
to 200%of the cost to complete the Punch List(as determined by Construction Manager)
(hereinafter the "Punch List Holdback"). Construction Manager shall be entitled to the
balance of the retainage, less the Punch List Holdback, and may include the balance of
retainage, less the Punch List Holdback, in its next Payment Application. Warranties
required by the Contract Documents shall commence on the date the Construction Manger
receives both the Design Professional Certificate of Substantial Completion and the
Owner's representative Punch List.The Owner and Design Professional punchlist shall be
provided in a timely manner so as not to delay the Construction Manager from achieving
Substantial Completion.
(h) Final Completion-Monitor the Subcontractor's performance on the completion of the
Project and provide notice to the Owner and Design Professional that the work is ready for
final inspection. Secure and transmit to the Owner, through the Design Professional, all
required guarantees,affidavits,releases,bonds and waivers,manuals,record drawings,and
maintenance books including the Final Completion forms shown in Exhibits D and L.
(i) Start-Up - With the Owner's personnel, direct the checkout of utilities, operations,
systems and equipment for readiness and assist in their initial start-up and testing by the
trade Construction Manager.
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(j) Record Drawings - During the progress of the work, the Construction Manager
shall require the plumbing, air conditioning, heating, ventilating, elevator, and electrical
subcontractors to record on their field sets of drawings the exact locations, as installed, of
all conduit, pipe and duct lines whether concealed or exposed which were not installed
exactly as shown on the contract drawings.The Construction Manager shall also record all
drawing revisions that have been authorized by change order that effect wall or partition
locations, door and window locations and other template changes. Within a reasonable
degree of certainty,the routing of conduit runs shall be shown on these drawings.
Each drawing shall be noted "Record Drawings" and shall bear the date and name of the
subcontractors that performed the work. Where the work was installed exactly as shown
on the contract drawings the sheets shall not be disturbed except as noted above.
The Construction Manager shall review the completed Record Drawings and ascertain that
all data furnished on the drawings are accurate and reasonably reflect the work as actually
installed. When manholes, boxes, underground conduits, plumbing, hot or chilled water
lines, inverts,etc.are involved as part of the work,the Construction Manager shall furnish
true elevations and locations,all properly referenced by using the original bench mark used
for the institution or for this project.
(11) Administrative Records - The Construction Manager will maintain, unless agreed to
otherwise by Owner's Representative,on a current basis,files and records such as,but not
limited to the following:
Contracts or Purchase Orders
- Shop Drawing Submittal/Approval Logs
- Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Proposal Requests
Payment Request Records
Meeting Minutes
Bulletin Quotations
- Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Purchase Orders
"As-Built" Marked Prints
Operating&Maintenance Instruction
- Daily Progress Reports
- Monthly Progress Reports
- Correspondence Files
- Transmittal Records
Inspection Reports
- Bid/Award Information
The Project records shall be available at all times upon reasonable request to the Owner
and Design Professional for reference or review and is otherwise subject to the Florida
Public Records Act as previously provided in the Agreement.
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(12) Owner Occupancy - The Construction Manager shall provide services during the design
and construction phases,which will provide a smooth and successful Owner occupancy of
the Project. Construction Manager shall provide consultation and project management to
facilitate Owner occupancy and provide transitional services to get the work,as completed
by the Construction Manager,"online"in such conditions as will satisfy Owner operational
requirements.
Construction Manager shall catalog operational and maintenance requirements of
equipment to be operated by maintenance personnel and convey these to the Owner in such
a manner as to promote their usability.
Construction Manager shall provide operational training, in equipment use, for building
operators.
Construction Manager shall secure required guarantees and warranties, assemble and
deliver same to the Owner in a manner that will facilitate their maximum enforcement and
assure their meaningful implementation.
Construction Manager shall continuously review "As-Built" Drawings and mark up
progress prints to provide as much accuracy as possible.
The Owner will not occupy or take control of the Project until the above items discussed
in this paragraph have been completed and the "Substantial Completion," "Start-Up,"
"Record Drawing," and "Warranty" requirements specified in paragraphs 2.4(10)g,
2.4(10)h, 2.4(10)i, 2.4 (10)j and 2.4(13)have been completed to the Owner's satisfaction
excluding the requirements for a warranty inspection nine months after Owner Occupancy.
All documents referenced and needed for successful operation, extended warranties, and
future maintenance will be submitted by the Construction Manager in both electronic and
paper format prior to Owner Occupancy in each phase completed.
(13) Warranty-Construction Manager warrants, for a period of one(1)year from the issuance
of the Certificate of Substantial Completion,that the Work will be of good quality and new
unless otherwise required or permitted by the Contract Documents, free from defective
workmanship and materials, considering the construction standards for similar property in
the County and State where the Work is performed, and that Construction Manager shall
repair or replace, at its sole discretion, any defect. Design issues and aesthetic
imperfections and conditions shall not be considered defects which Construction Manager
is responsible.Manufacturers'warranties apply to the mechanical items and appliances and
no other warranties are expressed, implied or provided. Subcontractor's warranties shall
apply to all subcontractor work,and no other warranties are expressed,implied or provided.
Requests for warranty work shall be in writing and sent to the Construction Manager(at its
address listed herein), to the attention of its "Warranty Department." All warranty work
will be performed during normal business hours and only by persons and/or entities and at
times selected by Construction Manager.Owner shall permit Construction Manager within
a reasonable time to inspect and repair or replace any such defect. Construction Manager's
warranty excludes remedy for damage or defect caused by abuse, modifications not
executed by the Construction Manager,improper maintenance,improper operation,normal
wear and tear and normal usage, and damage from others and weather. Owner agrees that
no warranty is provided for settlement or separation of any ground floor slabs, sidewalks,
paving,and other structures where(1)any building is located within one mile of the mean
high water line of Gulf waters,bays, inlets, estuaries, and rivers; and(2)the settlement or
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separation is caused by the movement or subsidence of soils which were neither excavated,
replaced, or otherwise prepared, to receive added loads by Construction Manager nor
specified to be excavated, replaced, or otherwise prepared to receive added loads. This
clause is not intended to relieve the Construction Manager of liability for any negligence
in placing or compacting soils in accordance with the Contract Documents.The terms and
provisions of this Agreement shall expressly survive Final Completion. This Warranty
shall be Owner's sole remedy regarding any such defect(s).THIS WARRANTY IS IN
LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED.Except
as set forth herein, no other warranties are expressed or implied by Construction
Manager. This Warranty is conditioned upon Final Payment to Construction Manager.
Construction Manager assigns to Owner all manufacturers' warranties, if any, for
appliances and equipment. All Subcontractors' warranties for all work performed by
Subcontractors will name the Owner or, upon written request of the Owner, shall be
assigned by Construction Manager to the Owner (reserving all rights of recovery by
Construction Manager against Subcontractors for any amounts incurred or damages
suffered by Construction Manager as a result of Subcontractors' warranty(ies)obligations
and/or breach of warranty(ies)). The Construction Manager shall provide a detailed
itemization of all manufacturer warranty items requiring registration.Owner acknowledges
responsibility to register for any and all manufacturer warranties. Construction Manager
expressly disclaims any liability for mold or mold related problems, not arising from
negligent construction or the incorporation of defective materials into the project, and
Owner assumes all risk arising out of or related to mold. The Construction Manager shall
collect and deliver to the Owner any specific written warranties given by others as required
by the Contract Documents.Also,the Construction Manager shall conduct,jointly with the
Owner and the Design Professional, a warranty inspection nine (9) months after the date
of Owner Occupancy for each phase accepted by the Owner.The warranty inspection shall
be scheduled by the Construction Manager at the time of Owner Occupancy.
(14) The Property - Except as expressly provided within the scope of this Agreement, Owner
acknowledges that Construction Manager has made no geological or environmental tests
of the Property or the improvements currently located thereon. Owner warrants to
Construction Manager that the Property is suitable for the construction called for under this
Agreement and further warrants that no adverse subsurface conditions are known to Owner
that will materially impede Construction Manager's performance under this Agreement.
Owner agrees that Construction Manager shall not be liable or responsible for any losses,
claims, damages, and/or costs, in whole or in part, due to, because of, caused by, arising
out of, and/or related to any soil, subsurface and/or unusual sub-soil conditions including,
but not limited to, water flows, buried fill/materials,foreign materials, and/or flood zones
or wetland determinations by the Department of Environmental Protection.
CONSTRUCTION MANAGER EXPRESSLY DISCLAIMS ANY AND ALL
EXPRESS OR IMPLIED WARRANTIES OR GUARANTIES
CONCERNING SOIL, SUB-SOIL AND/OR SUBSURFACE CONDITIONS
ON THE PROPERTY AND EXISTING IMPROVEMENTS THEREON,
INCLUDING ANY AND ALL WARRANTIES OF HABITABILITY OR
MERCHANTABILITY. Owner expressly assumes all risk of any and all losses,
delays,claims,and/or damages,in whole or in part,to the land and projects due to,because
of, caused by, arising out of, and/or related to soil, sub-soil, or subsurface conditions,
whether or not any such adverse conditions could have been discovered prior to any type
of settlement or subsidence, in whole or in part, by appropriate testing with the exception
of playing fields. If any adverse condition exists,are discovered,and/or become known to
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the Construction Manager, the Construction Manager shall promptly notify Owner, who
shall assume all costs thereof. Owner may, at Owner's sole cost and expense, have
performed on Owner's behalf, any geological or environmental tests that Owner deems
prudent, prior to the Commencement Date. The Construction Manager shall warranty the
soil conditions and materials from the elevation of excavated and cleared grade to the finish
grade for all playing surfaces and final construction materials.
(15) Sales Tax Savings and Direct Purchase Program-Construction Manager shall pay all sales,
consumer,use and other similar taxes associated with the Work or portions thereof,which
are applicable during the performance of the Work. No markup shall be applied to sales
tax. Additionally,as directed by Owner and at no additional cost to Owner, Construction
Manager shall comply with and fully implement the sales tax savings program with respect
to the Work,as set forth in section(a)below.
(a) Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves the
right to make direct purchases of various construction materials and equipment included in
the Work ("Direct Purchase"). Construction Manager shall prepare purchase orders to
vendors selected by Construction Manager,for execution by Owner,on forms provided by
Owner. Construction Manager shall allow two weeks for execution of all such purchase
orders by Owner. Construction Manager represents and warrants that it will use its best
efforts to cooperate with Owner in implementing this sales tax savings program in order to
maximize cost savings for the Project. Adjustments to the Contract Amount will be made
by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes.A Change Order shall be processed promptly after each Direct Purchase,
or group of similar or related Direct Purchases, unless otherwise mutually agreed upon
between Owner and Construction Manager. With respect to all Direct Purchases by Owner,
Construction Manager shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary,Construction Manager
expressly acknowledges and agrees that all Direct Purchases shall be included within and
covered by Construction Manager's warranty to Owner to the same extent as all other
warranties provided by Construction Manager pursuant to the terms of the Contract
Documents. In the event Owner makes a demand against Construction Manager with
respect to any Direct Purchase and Construction Manager wishes to make claim against the
manufacturer or supplier of such Direct Purchase, upon request from Construction
Manager Owner shall assign to Construction Manager any and all warranties and Contract
rights Owner may have from any manufacturer or supplier of any such Direct Purchase by
Owner.
(b) Construction Manager represents and warrants that it is aware of its statutory
responsibilities for sales tax under Chapter 212,Florida Statutes,and for its responsibilities
for Federal excise taxes.
(c) The GMP shall only include those taxes that are legally enacted at the time the
GMP is established and are the lawful responsibility of the Owner.
(d) Any and all administrative costs incurred by the Construction Manager to
administer the purchase in the name of the Owner shall be considered to be included in the
GMP. No addition shall be added to the contract amount because of the service provided
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SECOND AMENDMENT TO AGREEMENT ft 17-7198
by Construction Manager in the purchase of property, materials, etc., in the name of the
Owner.
(e) The Owner's Sales Tax Savings Program shall be administered in accordance with
the following terms and conditions. Construction Manager's contracts with trade
subcontractors shall include the provisions for the Owner's Sales Tax Savings Program.
(f) Construction Manager shall be responsible for negotiating,ordering, coordinating
production schedules with vendor(s), inspecting, accepting delivery, storing, handling,
installing, and quality control for the materials/equipment purchased hereunder. Without
limiting the generality of the foregoing,the purchase of material/equipment by Owner shall
not amend,alter or modify the obligations of Construction Manager under this Agreement
with respect to ordering, scheduling, inspecting, accepting deliveries, storing, handling,
installing and quality control of the direct purchase materials/equipment.
(g) Within sixty(60)days of Construction Manager and Owner agreeing on the GMP,
Construction Manager shall provide Owner's Representative with a written list of vendors,
materials/equipment,quantities and costs for items which Construction Manager proposes
Owner purchase directly pursuant to the terms hereof. Construction Manager shall select
qualified vendors and obtain competitive prices for all such direct purchase
materials/equipment.
(h) Owner's Representative will review the list provided by Construction Manager and
inform Construction Manager of the acceptability of individual items and of Owner's
intention to proceed or not proceed with direct purchases. If Owner intends to proceed with
direct purchases, Construction Manager will provide a revised list (if necessary) to the
Owner's Representative's satisfaction and shall assist Owner's Representative's
Representative in preparing and issuing purchase orders for the direct purchase items.
(i) Purchase orders for direct purchase items shall be prepared by Owner and issued
directly to the vendor(s).
(j) Concurrently with issuance of each purchase order for material/equipment, the
Construction Manager shall issue a corresponding deductive Change Order(s)reducing the
GMP by an amount equal to the cost of the material/equipment, including sales tax,
included in the original GMP.
(k) Construction Manager will coordinate submittals, fabrication and delivery of all
direct purchase items. Construction Manager will inspect, receive and store all direct
purchase items at the Project site. Upon inspection and possession by the Construction
Manager, the direct purchase items shall be deemed incorporated into the Project and
become the full responsibility of the Construction Manager.
(1) Owner's Representative will have each vendor forward to Construction Manager a
duplicate invoice for direct purchases.Upon receipt of such invoice,Construction Manager
shall promptly review and approve or reject(with reason in writing for such rejection)each
invoice and incorporate the invoices into the next payment request to Owner's
Representative for payment processing.
(m) Title to any materials/equipment purchased pursuant to the terms hereof shall vest
in the Owner upon receipt from a vendor. Owner shall bear risk of loss for any materials
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SECOND AMENDMENT TO AGREEMENT#17-7198
purchased pursuant to the terms hereof commencing upon delivery of the materials to the
Owner by the vendor and terminating when the materials/equipment are incorporated into
the Project. Upon incorporation into the Project of such materials, Construction Manager
shall bear sole cost and responsibility for remedy of defective materials or damage during
the course of construction.
(n) The Owner shall obtain such insurance as the Owner deems necessary, at the
Owner's sole cost and expense, to insure the Owner for the full replacement cost of any
materials purchased by the Owner pursuant to the terms hereof until such materials are
incorporated in the Project.
(o) Construction Manager shall be entitled to a Construction Manager's Fee for the
value of all direct purchase materials and equipment purchased by Owner under this
Article,plus any General Conditions costs and insurance premiums associated therewith.
(q) Upon incorporation into the Project by Construction Manager, all direct purchase
materials equipment purchased by Owner pursuant to this Article shall be subject to and
covered by the insurance, bonds and warranties provided by Construction Manager to
Owner under this Agreement and all warranties provided under purchase orders.
(r) Nothing contained within this Article shall create or be construed as creating a
partnership between the Owner and Construction Manager or to constitute the Construction
Manager as an agent of the Owner.
ARTICLE 3
OWNER'S RESPONSIBILITIES
3.1 Owner's Information-The Owner shall provide full,accurate and complete information regarding
its requirements for the Project. THE OWNER EXPRESSLY WARRANTS THAT THE PLANS
AND SPECIFICATIONS FOR THE PROJECT ARE ACCURATE, PRACTICAL,
CONSISTENT OR CONSTRUCTIBLE. OWNER ACKNOWLEDGES THAT THE
CONTRACTOR IS RELYING ON AND CAN REASONABLY RELY UPON THE OWNER'S
REPRESENTATIONS AS PROVIDED HEREIN.
3.2 Owner's Representative-The Owner shall designate a representative who shall be fully acquainted
with the Project and shall define the lines of Owner authority to approve Project Construction
Budgets, and changes in Project. The Owner's designated representative, the "County's
Administrative Agent," was previously identified on page 18 of Construction Manager At Risk
Agreement No. 17-7198 executed by the Parties. Owner shall render decisions promptly and
furnish information expeditiously.
3.3 Design Professional's Agreement - The Owner shall retain a Design Professional for design and
construction document preparation for the Project. The Design Professional's services, duties and
responsibilities are described in the Agreement between the Owner and the Design Professional, a
copy of which will be furnished to the Construction Manager. The Agreement between the Owner
and the Design Professional shall not be modified without written notification to the Construction
Manager.
3.4 Site Survey and Reports-The Owner shall furnish for the site of the Project all surveys describing
the physical characteristics, soil reports, and subsurface investigations, legal limitations, utility
locations, and a legal description.
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3.5 Approvals and Easements-The Owner shall pay for necessary approvals, easements, assessments
and charges required for the construction, use or occupancy of permanent structures or for
permanent changes in existing facilities
3.6 Legal Services-The Owner shall furnish such legal services as may be necessary for providing the
items set forth in Article 3.5 and such auditing services as Owner may require.
3.7 Drawings and Specifications - The Construction Manager will be furnished a reproducible set of
all copies of Drawings and Specifications reasonably necessary and ready for printing.
The following documents were provided to the Construction Manager and are the basis for the
GMP:
1.Approved Plan Set for the Extension of City Gate Boulevard South
2. Specifications for the City Gate Boulevard North Lift Station Improvements
3. Specifications and Exhibits - City Gate Boulevard North Improvements from STA 3+80 to
the Eastern Terminus Point of ROW
4. Approved Right-of-Way Permit Set for City Gate Boulevard North Right-of-Way
Improvements
5. Approved SDP for Collier County Sports Complex and Events Center — Horizontal
Construction
6. Site Civil,Playing Fields,and Landscaping Bid Memo and Specifications
3.8 Cost of Surveys&Reports-The services, information,surveys and reports required by the above
paragraphs shall be furnished with reasonable promptness in accordance with the approved
schedule at the Owner's expense, and the Construction Manager shall be entitled to rely upon the
accuracy and completeness thereof.
3.9 Project Fault Defects - If the Owner becomes aware of any fault or defect in the Project or non-
conformance with the drawings and specifications,Owner shall give prompt written notice thereof
to the Construction Manager and Design Professional.
3.10 Funding — The Owner shall furnish in accordance with the established schedule, reasonable
evidence satisfactory to the Construction Manager that sufficient funds will be available and
committed for the cost of each part of the Project.The Owner's performance and obligation to pay
under this agreement is contingent upon an appropriation of funds by the Collier County Board of
County Commissioners. This is not a commitment of future budgetary funding. Authorization for
continuation and completion of work and any associated payments for continuation or completion
may be rescinded, with proper notice, at the discretion of the Owner if there is a reduction or
elimination of future funding for this project.In this event,a§14.3"Termination by Owner Without
Cause" shall be deemed to have occurred. The Construction Manager shall not commence any
work,unless authorized in writing by the Owner.
3.11 Lines of Communication - The Owner and Design Professional shall communicate with the
subcontractors or suppliers only through the Construction Manager while such method of
communication is effective in maintaining project schedules and quality.
3.12 Lines of Authority-The Owner shall establish and maintain lines of authority for its personnel and
shall provide this definition to the Construction Manager and all other affected parties.
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3.13 Permitting & Code Inspections - The Owner will cooperate fully with Construction Manager in
securing all necessary permits and zoning changes described in Article 2.4(8).
ARTICLE 4
PERMITTING AND INSPECTION
Before Construction can begin,it is necessary by statute for the Construction Manager to obtain a Building
Permit. In addition, construction will be inspected for code compliance, compliance with drawings and
specifications, and quality by inspectors working for the Permitting Authority.
4.1 Building Permits - The Construction Manager or duly authorized subcontractor, shall provide the
required number of sets of documents, signed, sealed and dated by the Design Professional, with
all addenda enclosed with each set to the Permitting Authority and obtain approval from the
Permitting Authority prior to beginning construction.
4.2 Code Inspections - All projects require detailed code compliance inspections during construction
in disciplines determined by the Permitting Authority. These disciplines normally include,but are
not necessarily limited to, structural,mechanical,electrical,plumbing and general building.
The Construction Manager shall notify the appropriate inspector(s), as required by the Permitting
Authority, that the work is ready for inspection and before the work is covered up. Work not
inspected and approved prior to cover-up shall be uncovered for inspection when directed by the
Permitting Authority. All costs for uncovering and reconstruction shall be borne by the
Construction Manager.
All inspections shall be made for conformance with the applicable building codes,compliance with
drawings and specifications,and quality.
Cost for all re-inspections of the Work found defective and subsequently repaired shall be borne
by the Construction Manager.
ARTICLE 5
SUBCONTRACTS
5.1 Definition - A Subcontractor is a person or organization who has a direct contract with the
Construction Manager to perform any of the work at the site. Nothing contained in the Contract
Documents shall create any contractual relationship between the Owner or Design Professional and
any subcontractor.
5.2 Proposals - Subject to Article 9 and, in accordance with Article 2.4(4),the Construction Manager
shall request and receive proposals from Subcontractors and suppliers and will award those
contracts to the qualified low bidder after Construction Manager has reviewed each proposal and
is satisfied that the Subcontractor is qualified to perform the work.
5.3 Required Subcontractors' Qualifications and Subcontract Conditions
5.3.1 Owner's Approval of Subcontractors-Unless otherwise stated in the Contract Documents,
the Construction Manager,as soon as practical after the Notice to Proceed is issued for Construction
Phase services, shall furnish in writing to Owner's Representative for approval the names of the
Subcontractors for each phase of the Work.Owner's Representative shall have 15 days from receipt
of such Subcontractors' names to disapprove a Subcontractor. Construction Manager shall not
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contract with any Subcontractor to whom Owner has disapproved. If Owner fails to disapprove
within the time period stated herein,the Subcontractor shall be deemed approved by the Owner.
5.3.2 Sub-contractual Relations - By an appropriate written agreement, the Construction
Manager shall require each Subcontractor to the extent of the work to be performed by the
subcontractor,to be bound to the Construction Manager by the terms of the Contract Documents,
and to assume toward the Construction Manager all the obligations and responsibilities which the
Construction Manager by these Documents, assumes toward the Owner and the Design
Professional. Said agreements shall preserve and protect the rights of the Owner and Design
Professional under the Contract Documents with respect to the Work to be performed by the
Subcontractor so that the subcontracting thereof will not prejudice such rights. Where appropriate,
the Construction Manager shall require each Subcontractor to enter into similar agreements with
its sub-Subcontractor.
The Construction Manager shall make available to each proposed Subcontractor, prior to the
execution of the subcontract,copies of the Contract Documents to which the Subcontractor will be
bound by this Article 5.3 and identify to the Subcontractor any terms and conditions of the proposed
subcontract which may be at variance with the Contract Documents. Each Subcontractor shall
similarly make copies of such Documents available to its sub-Subcontractors.
5.3.3 Subcontract Requirements
(1) On all subcontracts where the bid exceeds $100,000, the Construction Manager shall
require Subcontractors to provide a 100% performance bond and a 100% labor and material
payment bond from a surety company authorized to do business in the State of Florida by the
Department of Insurance. If the Construction Manager wishes to award subcontracts to
Subcontractors unable to supply this bonding, Construction Manager may request special
authorization from Owner to do so. Upon providing justifiable background information, such
authorization shall not be withheld unreasonably. Construction Manager has included in the
GMP the value of 1.5% applied to all Subcontract values to cover the cost of Subcontractor
Bonds, or at the option of the Construction Manager, the use of Subcontractor Default
Insurance(SDI).If a Subcontractor is used that cannot qualify for Construction Manager's SDI
Program, that Subcontractor will be required to provide bonds as stipulated above. For those
Subcontractors not enrolled in SDI,the actual cost of the Subcontractor bonds shall be charged
to the project and the SDI cost will not apply.
(2) On all subcontracts where the bid exceeds$200,000.00,each Subcontractor must submit a
completed experience questionnaire and financial statement on the form entitled "Experience
Questionnaire and Construction Manager's Financial Statement", incorporated herein by
reference or equivalent form supplied by Construction Manager.The Subcontractor's financial
condition must demonstrate that adequate fixed and liquid assets and equipment are available
to properly perform the subcontract.
(3) Subcontractor experience - The Subcontractor must have successfully completed no less
than two projects of similar size and complexity within the last five years.
(4) Supervision-The Subcontractor must agree to provide field(on-site)supervision through
a named superintendent for each trade (general concrete forming and placement, masonry,
mechanical, plumbing, electrical and roofing) included in the subcontract. In addition, the
Subcontractor shall assign and name a qualified employee for scheduling direction for its work.
The supervisory employees of the Subcontractor(including field superintendent, foreman and
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SECOND AMENDMENT TO AGREEMENT#17-7198
schedulers at all levels) must have been employed in a supervisory (leadership) capacity of
substantially equivalent level on a similar project for at least two years within the last five
years.The Subcontractor shall include a resume of experience for each employee identified by
him to supervise and schedule its work.
(5) All subcontracts shall provide:
a. LIMITATION OF REMEDY-NO DAMAGES FOR DELAY
That the Subcontractor's exclusive remedy for delays in the performance of the contract
caused by events beyond its control, including delays claimed to be caused by the Owner
or Design Professional or attributable to the Owner or Design Professional and including
claims based on breach of contract or negligence,shall be an extension of its contract time.
In the event of a change in the work the Subcontractor's claim for adjustments in the
contract sum are limited exclusively to its actual costs for such changes plus no more than
10%for overhead and profit.
Each subcontract shall require the Subcontractor to expressly agree that the foregoing
constitute the sole and exclusive remedies for delays and changes in the work and thus
eliminate any other remedies for claim for increase in the contract price, damages, losses
or additional compensation.
b. Each subcontract shall require that any claims by Subcontractor for delay or additional cost
must be submitted to Construction Manager within the time and in the manner in which
the Construction Manager must submit such claims to the Owner,and that failure to comply
with the conditions for giving notice and submitting claims shall result in the waiver of
such claims.
c. This subsection applies to Subcontractors only. Pursuant to Article 16.4, for delays,
Construction Manager shall be entitled to an extension of the scheduled construction time
(based upon the actual time impact to the Project because of the delay.
5.4 Responsibilities for Acts and Omissions - The Construction Manager shall be responsible to the
Owner for the acts and omissions of its employees and agents and its subcontractors,their agents
and employees, and all other persons performing any of the Work or supplying materials under a
contract to the Construction Manager.
5.5 Subcontracts to be provided- The Construction Manager shall include a copy of each subcontract,
including the general supplementary conditions.
5.6 Payment to Subcontractors-Construction Manager shall not be required to pay Subcontractors or
suppliers until after it has received payment for said services by the Owner. After receiving
payment,Construction Manager shall make payment to Subcontractors and suppliers in accordance
with §218.735 ("Florida Local Government Prompt Payment Act.
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ARTICLE.6
SCHEDULE,TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
6.1 At the time a Guaranteed Maximum Price (GMP) is established, as provided for in Article 7, a
Project substantial completion date,a Project final completion date and an Owner Occupancy date
for completion of the Project phase in accordance with the master Project schedule, shall also be
established by the Construction Team. The Construction Manager agrees to complete the
construction in accordance with the agreed upon substantial completion date,final completion date
and Owner Occupancy date. The Construction Manager acknowledges that failure to complete the
Project phase within the construction time set forth in the approved schedule due to its own fault
may result in substantial damages to the Owner,for all of which damages the Construction Manager
shall be liable.
6.2 Liquidated Damages - The Construction Manager acknowledges and agrees that time is of the
essence to this Agreement and that if completion and delivery of the Project to Owner is delayed,
Owner will suffer damages which are difficult, if not impossible, to accurately quantify.
Accordingly, if solely due to its own fault, Construction Manager fails to achieve Substantial
Completion or Final Completion,or both,required by this Agreement,Construction Manager shall
be liable to Owner for liquidated damages for unexcused delay as provided herein. Work
completion delays, as identified in Sections 6.3 and 6.4, will be addressed as separate delays, and
liquidated damages (hereinafter "Liquidated Damages"), which shall not run concurrently. The
Construction Manager shall have no liability for Liquidated Damages or delay damages of any type
or character if the Construction Manager and Owner are unable to agree upon a Guaranteed
Maximum Price Amendment.
6.3 For Delay In Substantial Completion - Construction Manager shall pay Owner the sum of Two
Thousand Dollars ($2,000.00) per day for every calendar day of unexcused delay in achieving
Substantial Completion beyond the Substantial Completion Date, as said date may be extended as
provided herein. Any sums due and payable hereunder by Construction Manager shall be payable,
not as a penalty,but as Liquidated Damages representing an estimate of delay damages likely to be
sustained by Owner,estimated at the time of executing this Agreement. When Owner reasonably
believes that Substantial Completion will be inexcusably delayed, Owner shall be entitled but not
required to withhold from any amounts otherwise due Construction Manager an amount then
believed by Owner to be adequate to recover Liquidated Damages applicable to such delays. If and
when Construction Manager overcomes the delay in achieving Substantial Completion,or any part
thereof, for which Owner has withheld payment, Owner shall promptly release to Construction
Manager those funds withheld, but no longer applicable, as Liquidated Damages. Liquidated
Damages can be assessed by the Owner at Final Payment,subject to Construction Manager's right
to reject Owner's assessment.
6.4 For Delay In Final Completion-If Construction Manager fails to achieve Final Completion within
thirty (30) days after Substantial Completion, as said date may be extended as provided herein,
Construction Manager shall pay Owner the sum of Three Hundred Dollars ($300.00) per day for
each and every calendar day of unexcused delay in achieving Final Completion.Any sums due and
payable hereunder by Construction Manager shall be payable, not as a penalty, but as Liquidated
damages representing an estimate of delay damages likely to be sustained by Owner, estimated at
the time of executing this Agreement. When Owner reasonably believes that Final Completion
will be inexcusably delayed,Owner shall be entitled but not required to withhold from any amounts
otherwise due Construction Manager an amount then believed by Owner to be adequate to recover
Liquidated Damages applicable to such delays. If and when Construction Manager overcomes the
delay in achieving Final Completion, or any part thereof, for which Owner has withheld payment,
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Owner shall promptly release to Construction Manager those funds withheld, but no longer
applicable, as Liquidated Damages. Liquidated Damages can be assessed by the Owner at Final
Payment,subject to Construction Manager's right to reject Owner's assessment.
6.5 If the Construction Manager is delayed at any time in the commencement or progress of the Work
by (1) an act or neglect of the Owner or Architect, of an employee of either, or of a Separate
Contractor;(2)by changes ordered in the Work;(3)by labor disputes,labor shortages,market wide
commodity shortages (including, but not limited to, fuel, steel and cement), fire, unusual delay in
deliveries, unavoidable casualties, domestic or foreign terrorism, out-of-sequence or late delivery
of design packages,abnormal weather or other causes beyond the Construction Manager's control;
(4)by delay authorized by the Owner pending mediation, litigation, or binding dispute resolution;
or(5)by other causes that may justify delay,then the Contract Time shall be extended by Change
Order and the Construction Manager shall also be entitled to an increase in the Contract Sum by
Change Order or equitable adjustment covering all costs incurred by Construction Manager,
including additional General Conditions costs, insurance premiums, and bond costs.
6.6 Date of Owner Occupancy - The date of Owner Occupancy shall occur as described in Article
2.4(12) herein above. Warranties called for by this Agreement or by the Drawings and
Specifications shall commence on the date of Substantial Completion being the same date the
Owner's representative issues the Punch List for Substantial Completion not withstanding that
items identified on the Punch List pending completion shall begin warranty period upon Final
Completion.
ARTICLE 7
GUARANTEED MAXIMUM PRICE FOR CONSTRUCTION
7.1 When the Design Development Documents are sufficiently complete to establish the scope of work
for the Project or any portion thereof, as generally defined by a design document listing to be
provided by the Design Professional and Construction Manager upon execution of this Agreement,
which is to be used only as a guide in developing the specifications and plan data necessary to
establish the Guaranteed Maximum Price, or at such time thereafter designated by the Owner,the
Construction Manager will establish and submit in writing to the Owner for its approval a
Guaranteed Maximum Price Proposal, guaranteeing the maximum price to the Owner, for the
construction cost of the Work or designated part thereof. Such Guaranteed Maximum Price will be
subject to modification for changes in the Project as provided in Article 10. However, the actual
price paid for the work by the Owner shall be the actual cost of all work subcontracts, supply
contracts, labor costs, supervision costs, and job costs as defined under Article 9, plus the
Construction Manager's fees or the GMP,whichever is less when the work is complete. The GMP
will only include those taxes in the cost of the Work,which are legally enacted at the time the GMP
is established and is the lawful responsibility of the Owner. The GMP Proposal for Construction
Phase 1A—GMP#02—Horizontal and Vertical Work Package,as well as the Construction Phase
Fee referenced in Subparagraph 8.1.2 below, is a part of this Amendment and is attached hereto as
Exhibit E.
7.2 At the time of submission of a Guaranteed Maximum Price,the Construction Manager will verify
the time schedule for activities and work which were adopted by the Construction Team and used
to determine the Construction Manager's Cost of Work. The Construction Manager acknowledges
that the GMP includes an amount designated as the Owner's Contingency. The Owner's
Contingency shall be available to the Construction Manager only if the Owner issues a Change
Order or Amendment to the Agreement. In such event, the Change Order or Amendment shall
specify the portion of the Owner's Contingency being made available and the purpose.This Owner
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Contingency will be identified as a line item in the GMP and transfers from this contingency into
the Cost of the Work items will require instruction and approval from the Owner. Any unused
portion of this contingency shall be returned to the Owner upon Final Completion of the project.
GMP Proposals covering subsequent construction phases of the project shall be submitted as set
forth herein and included in separate amendments to the Agreement.
7.3 The GMP will include allowances for certain scope which is required to complete the work but is
not fully designed or a material or vendor selection has not been made by the Owner and final
pricing has not been determined.Allowances shall cover the cost to the Construction Manager for
materials and equipment delivered at the site and all required taxes,less applicable trade discounts;
Contractor's costs for unloading and handling at the site, labor, installation costs, and other
expenses contemplated for stated allowance amounts shall be included in the allowances; and
whenever costs are more than or less than allowances, the GMP shall be adjusted accordingly by
Change Order. The amount of the Change Order shall reflect the difference between actual costs
and the allowances. The GMP shall include a Fee for the base allowance amount and the Fee on
allowance items shall be adjusted up or down when the final cost of an allowance item is
determined. Allowance line items above $50,000 in value will be approved for construction by
Change Order so long as the construction value is below the Allowance amount identified in the
schedule of values. Change Orders will be processed on the Board approved administrative report.
Should the construction value exceed the Allowance, the Change Order will be processed as a
stand-alone executive summary to the Board. Notwithstanding the above, the Construction
Manager is still required to comply with section 2.4(4)"Solicitation of Bids"to bring an Allowance
item into construction.
7.4 The Guaranteed Maximum Price as reflected in the GMP Proposal (Exhibit E) is a Guaranteed
Maximum Price for this total Phase of the Project and is not a line item GMP for any specific line
item in the GMP Proposal. The GMP for construction is the sole basis for the Construction
Manager's Fee.The final Construction Manager's Fee will be reconciled at Final Completion based
on the actual price paid for construction including approved Change Orders.
7.5 The General Conditions and General Requirements values included in the GMP Proposal are not
line item guaranteed maximums by Month but a total guaranteed maximum for General Conditions
and General Requirements for this total Phase of the Project. The schedule submitted to establish
the guaranteed maximum total staffing allocation is not intended to limit the Construction Managers
flexibility in assigning staff in each monthly pay period. The Construction Manager may vary the
allocation of hours in each billing cycle so long as the total is not exceeded. Only the costs spent
each month for staff at the approved rates identified in Exhibit G will be charged to the Project
which also applies for the other miscellaneous administrative costs included in the GMP Proposal.
The Construction Manager will submit a monthly detailed invoice report documenting the daily log
of staff hours multiplied by the approved rate. The report will identify the percentage used
compared to the percentage of time to Final Completion.Unused hours will be reconciled at Final
Completion and the value will be returned to the Owner.
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ARTICLE 8
CONSTRUCTION MANAGER'S FEE
8.1 In consideration of the performance of the contract, the Owner agrees to pay the Construction
Manager as compensation for its services, fees as set forth in Subparagraphs 8.1.1 and 8.1.2.
8.1.1 Pre-construction Phase Fee—The Pre-construction Phase Services are separately covered
in the Agreement for Construction Manager at Risk Preconstruction Phase Services Collier County
Sports Complex(Solicitation No.: 17-7198),dated February 13,2018.
8.1.2 Construction Phase Fee - Prior to commencement of the Construction Phase, the Owner
will direct the Construction Manager in writing to proceed into the Construction Phase. The Owner
agrees to pay Construction Manager a Fee of THREE AND ONE-HALF PERCENT (3.5%) of
the Cost of the work and services for the Construction Phase lA— GMP#02 —Horizontal and
Vertical Work Package included in this Amendment to the Agreement. If construction is
authorized only for a part of the Project,the Fee paid shall be proportionate to the amount of work
authorized by the Owner. The Construction Phase Fee for future construction phases of the project
will be reevaluated and must be approved by Owner and Construction Manager before either party
is obligated to proceed with future construction phases. The Construction Phase Fee is limited to
the total construction value identified in the Guaranteed Maximum Price referenced in 7.4 above
and not calculated using values identified in the General Conditions and the General Requirements.
ARTICLE 9
COST OF THE WORK
9.1 Definition-The term"Cost of the Work"shall mean costs necessarily incurred in the Project during
the Construction Phase for Construction services and paid by the Construction Manager which are
not included in Article 8,but are part of the GMP Proposal submitted by the Construction Manager
and agreed upon by the Owner. These costs include the items set forth below in this Article
including materials and services of every kind and type necessary to diligently, timely and fully
perform and complete the Project in a good and workmanlike manner in accordance with all of the
terms and conditions of the Contract Documents.
The Owner agrees to pay the Construction Manager for the Cost of the Work as defined in Article
9. Such payment shall be in addition to the Construction Manager's fees stipulated in Article 8.
Construction Manager's estimate of the construction Cost for this phase of the Project is provided
in Exhibit E.
9.2 Direct Cost Items—The listing below identifies eligible Direct Cost Items,as follows:
(1) Cost of Construction Manager's Staff at its Construction Manager's Standard Staff Rates(see
Exhibit G).
(2) Cost of all materials, supplies and equipment incorporated in the Project, including costs of
transportation,handling and storage thereof.
(3) Payments due to subcontractors from the Construction Manager or made by the Construction
Manager to subcontractors for their work performed pursuant to contract under this Agreement.
(4) Cost including. transportation and maintenance of all materials, supplies, equipment,
temporary facilities and hand tools not owned by the workmen, which are employed or
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consumed in the performance of the work, cost on such items used but not consumed which
may be turned over to the Owner at the end of the Project and cost less salvage value on such
items used but not consumed which remain the property of the Construction Manager. For
those items to be turned over to the Owner at the end of the project,Article 2.3(6)shall apply.
(5) Rental charges on all necessary machinery and equipment, exclusive of hand tools used at the
site of the Project, whether rented from the Construction Manager or other, including
installation,repairs and replacements,dismantling,removal,costs of lubrication,transportation
and delivery costs thereof:which are used in the support of a sub-contractor or the Construction
Manager's own forces in the performance of the work, at rental charges consistent with those
prevailing in the area.
(6) Sales,use,gross receipts or similar taxes related to allowable direct costs of the Project imposed
by any governmental authority, and for which the Construction Manager is liable. Owner is
exempt from the payment of Florida Sales Tax under F.S. Chapter 212 and can provide the
Construction Manager a copy of its Certificate of Exemption upon request.
(7) The cost of corrective work subject,however,to the GMP and except for any corrective work
made necessary because of defective workmanship or other causes contributed to by the
Construction Manager or its subcontractors or suppliers
No cost shall be paid by the Owner to the Construction Manager for any expenses made
necessary to correct defective workmanship or to correct any Work not in conformance with
the Plans and Specifications or to correct any deficiency or damage caused by gross negligent
acts by the Construction Manager.
(8) Minor expenses at the site, such as telegrams, long distance telephone calls,telephone service,
expressage, postage,and similar petty cash items in connection with the Project to be billed at
cost.
(9) Costs for trash and debris control and removal from the site.
(10)Cost incurred due to an emergency affecting the safety of persons and property.
(11)Legal costs reasonably and properly resulting from prosecution of the Project for the Owner,
including handling claims for changes by Subcontractors and Vendors,subject to the following
limitations:
(a) The Owner approved incurring such costs in advance, which approval shall not be
unreasonably denied;and
(b) The legal costs were not incurred as result of the Construction Manager's own negligence
or default.
This paragraph does not provide for payment of legal costs incurred in preparing or
asserting claims or requests,by Construction Manager itself against the Owner,for change
orders or in enforcing the obligations of this contract.
(12) All costs directly incurred in the performance of the Project for the benefit of the Project,and
not included in the Construction Manager's Fees as set forth in Article 8, if within the GMP
Proposal(see, Exhibit E).
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(13) General Conditions costs, insurance premiums,and bond costs.
(14) If approved by the Owner,the Construction Manager,when qualified,may perform all or a
portion of the work for any item listed on the estimate or GMP breakdown where it is deemed
advantageous due to schedule or economic benefit for the direct Cost of the Work.
(15) Costs of all reproductions used for bidding or information purposes required by the Project
to directly benefit the Project.
(16) Costs for watchman and security services for the Project.
(17) Costs for efficient logistical control of the site,including horizontal and vertical transportation
of materials and personnel.Also,costs for adequate storage and parking space.
(18) Costs for such temporary facilities during construction,as approved by the Owner,including
temporary water, heat, power, sanitary facilities, telephones, radios and computers with
software.
(19) Costs for any job site items not referenced herein, not normally provided by the
Subcontractors,which will be provided by the Construction Manager as required to complete
the work.
(20) Cost of utilizing a computer aided design and drafting application (CADD) for record
drawings. Upon completion of the work, the Construction Manager shall obtain two (2) sets
of disk files from the Design Professional and record to scale all conditions. The disk shall be
submitted to the Design Professional when completed, together with two sets of blue line or
black line prints for certification and forwarding to the Client Agency at the time of final
completion.
(21) Owner's Contingency- At the Owners discretion, the Owner has included an
Owner's Contingency as a line item in the GMP Proposal represented by a percentage of the
Construction Manager's estimate of the total Cost of the Work as provided therein. The
purpose of the Owner's Contingency is to mitigate unforeseen conditions, allow for value
added improvements, complete construction activity not defined in the record drawing but
required to operate the facility,and other pay items that may be requested by the Construction
Manager, which may be approved by the Owner at its sole discretion. The Construction
Manager's right to receive the Owner's Contingency shall apply notwithstanding anything to
the contrary in this Amendment. As provided in §7.2 of this Amendment, Construction
Manager shall specify the portion of the Owner's Contingency requested and purpose thereof
in a request for a Change Order(RCO)or proposed Amendment,whereupon the Owner shall
sign and process in full the RCO or Amendment; thereby allowing reimbursement from the
Owner's Contingency for the services or goods provided by Construction Manager upon
receipt of the Construction Manager's next monthly payment application. The Owner's
Contingency is not to be used for the calculation of the initial Construction Manager's Fee.
Any additional work included in the Construction Manager's obligation to complete added
through a Change Order may be added to the Construction Manager's Fee and reconciled at
Final Payment.
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ARTICLE 10
CHANGE IN THE PROJECT
10.1 Change Orders - The Owner, without invalidating this Agreement, may order Changes in the
Project within the general scope of this Agreement consisting of additions, deletions or other
revisions, the GMP, and the Construction Completion Date, being adjusted accordingly. All
changes in the Project not covered by an authorized contingency shall be authorized by a Change
Order(see,Exhibit K).
10.1.1 A"Change Order"is a written order to the Construction Manager issued after the execution
of this Agreement, authorizing a Change in the Project, the Construction Manager's fee, or the
Construction Completion date. Each adjustment in the GMP resulting from a Change Order shall
clearly separate the amount attributable to the Cost of the Work.
10.1.2 The increase or decrease in the Guaranteed Maximum Price resulting from a change in the
Project shall be determined in one or more of the following ways:
(1) by mutual acceptance of a lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation by the Design Professional and Owner;
(2) by unit prices stated in the Agreement or subsequently agreed upon;
(3) by cost as defined in Article 9 and a mutually acceptable fixed or percentage fee;
(4) or by the method provided in Subparagraph 10.1.3.
10.1.3 If none of the methods set forth in Subparagraph 10.1.2 is agreed upon,the Construction
Manager, provided Construction Manager receives a written order signed by the Owner, shall
promptly proceed with the Work involved.The cost of such Work shall then be determined on the
basis of the reasonable expenditures and savings of those performing the Work attributed to the
change. However, in the event a Change Order is issued under these conditions, the Design
Professional will establish an estimated cost of the work and the Construction Manager shall not
perform any work whose cost exceeds that estimate without prior written approval by the Owner.
In such case,and also under Article 10.1.2 above,the Construction Manager shall keep and present,
in such form as the Owner may prescribe, an itemized accounting together with appropriate
supporting data of the increase in the Cost of the Work as outlined in Article 9. The amount of
decrease in the Guaranteed Maximum Price to be allowed by the Construction Manager to the
Owner for any deletion or change which results in a net decrease in cost will be the amount of the
actual net decrease.
10.1.4 If unit prices are stated in the Agreement or subsequently agreed upon,and if the quantities
originally contemplated are so changed in a proposed Change Order that application of the agreed
unit prices to the quantities of Work proposed will cause substantial inequity to the Owner or the
Construction Manager, the applicable unit prices and Guaranteed. Maximum Price shall be
equitably adjusted.
10.1.5 Should concealed conditions encountered in the performance of the Work below the
surface of the ground or should concealed or unknown conditions in an existing structure be at
variance with the conditions indicated by the Drawings, Specifications, or Owner furnished
information or should unknown physical conditions below the surface of the ground or should
concealed or unknown conditions in an existing structure of an unusual nature,differing materially
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SECOND AMENDMENT TO AGREEMENT#17-7198
from those ordinarily encountered and generally recognized as inherent in work of the character
provided for in this Agreement, be encountered, the Guaranteed Maximum Price and the
Construction Completion date shall be equitably adjusted by Change Order upon a request for
Change Order in accordance with Article 10.2.
10.2 Claims For Additional Cost and Time
All claims for additional cost and time shall be made by request for a change order submitted as
provided in Article 16.
If the Construction Manager is delayed at any time in the progress of the work by any act or neglect
of the Owner or the Design Professional or of any employee of either or by any separate
Construction Manager employed by the Owner or by any changes ordered in the work by labor
disputes, fire, or unusual delay in transportation, unavoidable casualties or abnormal weather or
any other causes beyond the Construction Manager's control or by delay authorized by the Owner
pending resolution of disputes, and such delay extends the completion date, the Substantial
Completion and Final Completion shall be extended by Change Order for such reasonable time as
the Construction Team may determine.Any cost impact to Construction Manager as a result of the
delay shall be included in the Change Order and paid by the Owner,including General Conditions
costs,and a Construction Manager's Fee thereon.
Only delays which are determined to extend the critical path for the schedule for constructing the
Project will result in a time extension. Neither the Owner nor the Construction Manager shall be
considered to own the schedule float time.
Owner shall not withhold any otherwise undisputed payment to Construction Manager pending
resolution of a claim for additional cost and time.
10.3 Minor Changes In The Project
The Design Professional will have authority to order minor changes in the Project not involving an
adjustment in the Guaranteed Maximum Price or an extension of the Construction Completion Date
and not inconsistent with the intent of the Drawings and Specifications. Such changes shall be
effected by written order.Documentation of changes shall be determined by the Construction Team
and displayed in monthly reporting. Changes shall be approved by Owner's Representative and
Design Professional.
10.4 Emergencies
In any emergency affecting the safety of persons or property,the Construction Manager shall act
at its discretion, to prevent threatened damage, injury or loss. Any increase in the Guaranteed
Maximum Price or extension of time claimed by the Construction Manager on account of
emergency work shall be determined as provided in Article 10.
ARTICLE 11
DISCOUNTS AND PENALTIES
11.1 Alldiscounts for prompt payment shall accrue to the Owner to the extent the Cost of the Work is
paid directly by the Owner. To the extent the Cost of the Work is paid with funds of the
Construction Manager, all cash discounts shall accrue to the Construction Manager. All trade
discounts,rebates and refunds, and all returns from sale of surplus materials and equipment, shall
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SECOND AMENDMENT TO AGREEMENT ft 17-7198 c1,0
c
be credited to the Cost of the Work.All penalties incurred due to fault of the Construction Manager
for late payment of cost of the Work will be paid by the Construction Manager.
ARTICLE 12
PAYMENTS TO THE CONSTRUCTION MANAGER
12.1 Monthly Applications for Payment - The Construction Manager shall submit to the Owner an
Application for Payment (Exhibit I), accompanied by a schedule of values, along with the cost
reports required under Article 7.5,showing in detail all monies paid out,cost accumulated or costs
incurred on account of the Cost of the Work during the previous period and the amount of the
Construction Manager's fees due as provided in Article 8. In addition, with each Application for
Payment, Construction Manager shall provide supporting documentation for any cost incurred per
Article 9 which could include but not be limited to schedules of values from subcontractors,
invoices for items purchased, and time records for Construction Manager's staff. Applications for
payment shall include a Release and Affidavit form(Exhibit H),and/or such lien and bond waivers
(in Fla. Stat. Chapter 713 statutory format)verifying payments made by Construction Manager to
Subcontractors and suppliers from money received from Owner during the prior month's payment
(i.e.,authorizing payment by Construction Manager one month in arrears).
Owner shall retain ten percent(10%)of the gross amount of each monthly payment request or ten
percent (10%) of the portion thereof approved by the Project Manager for payment (excluding
General Conditions costs, insurance and bond costs), whichever is less. Such sum shall be
accumulated and not released to Contractor until final payment is due unless otherwise agreed to
by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the
discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative
retainage held throughout the course of the Project schedule. Owner shall reduce the amount of
the retainage withheld on each payment request subsequent to fifty percent (50%) completion
subject to the guidelines set forth in Florida Statute 255.078.
Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's
Work.
Each Application for Payment, subsequent to the first pay application, shall be accompanied by a
Release and Affidavit, in the form attached as Exhibit H, acknowledging Contractor's receipt of
payment in full for all materials, labor,equipment and other bills that are then due and payable by
Owner with respect to the current Application for Payment. Further, to the extent directed by
Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from
each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit H
acknowledging that each Subcontractor,sub-subcontractor or supplier has been paid in full through
the previous month's payment.The Owner shall not be required to make payment until and unless
these affidavits are furnished by Contractor.
The Project Manager may decline to approve any Application for Payment, or portions thereof,
because of subsequently discovered evidence or subsequent inspections that reveal non-compliance
with the Contract Documents. The Project Manager may nullify the whole or any part of any
approval for payment previously issued and Owner may withhold any payments otherwise due
Contractor under this Agreement or any other agreement between Owner and Contractor,to such
extent as may be necessary in the Owner's opinion to protect it from loss because of:
(a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating
probable filing of such claims;(c)failure of Contractor to make payment properly to subcontractors
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or for labor,materials or equipment,if Contractor has been paid;(d)reasonable doubt that the Work
can be completed for the unpaid balance of the Contract Amount;(e)reasonable indication that the
Work will not be completed within the Contract Time; (f)unsatisfactory prosecution of the Work
by the Contractor; or(g)any other material breach of the Contract Documents by Contractor.
If any conditions described in 12.1.are not remedied or removed or if Contractor fails to commence
remedying or removing same after seven(7) days written notice, Owner may rectify the same at
Contractor's expense. Provided however,in the event of an emergency,Owner shall not be required
to provide Contractor any written notice prior to rectifying the situation at Contractor's expense.
12.2 Final Payment-Owner shall make final payment to Contractor in accordance with Section 218.735,
F.S. after the Work is finally inspected and accepted by Project Manager as set forth herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's
right to final payment, shall have furnished Owner with a properly executed and notarized copy of
the Release and Affidavit attached as Exhibit H, as well as, a duly executed copy of the Surety's
consent to final payment and such other documentation that may be required by the Contract
Documents. Prior to release of final payment and final retainage,the Contractor's Representative
and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy
of which is attached to this Agreement as Exhibit L.
Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by
Contractor against Owner arising out of this Agreement or otherwise relating to the Project,except
those previously made in writing in accordance with the requirements of the Contract Documents
and identified by Contractor as unsettled in its final Application for Payment. Neither the
acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to
enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work
not discovered by the Design Professional or Project Manager at the time of final inspection.
The final payment of retainage shall not be made until the Project has been inspected by the Design
Professional or other person designated by the Owner and until the Design Professional has issued
a written certificate that the project has been constructed in accordance with the approved plans,
specifications, and approved change orders and until the Owner's Representative has accepted the
Project.
Final payment shall not be made until the Construction Manager has supplied Owner's
Representative with the Release and Affidavit form (Exhibit H) and/or such final lien and bond
waivers (in Fla. Stat. Chapter 713 statutory format) signed and dated statements from all laborers,
materialmen, and subcontractors as defined in Section 713.01, Florida Statutes,that they have no
claims or demands against the Owner for the work under the contract.Said statements shall identify
the Project by name and Project number. Construction Manager must also provide Owner's
Representative with a Contractor's Final Payment Affidavit in accordance with Fla. Stat. §713.06
(Exhibit D), as well as the surety's consent to final payment and such other documentation that
may be required by the Contract Documents and the Owner. Prior to release of final payment and
retainage, the Construction Manager and the Owner shall jointly complete the Final Payment
Checklist,a representative copy of which is attached to this Amendment as Exhibit L.
Upon receipt of written certification by Contractor that the Work is completed in accordance with
the Contract Documents and is ready for final inspection and acceptance, Project Manager and
Design Professional will make such inspection and, if they find the Work acceptable and fully
performed under the Contract Documents shall promptly approve payment,recommending that,on
the basis of their observations and inspections, and the Contractor's certification that the Work has
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SECOND AMENDMENT TO AGREEMENT#17-7198
been completed in accordance with the terms and conditions of the Contract Documents, that the
entire balance found to be due Contractor is due and payable. Neither the final payment nor the
retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit H.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipts, releases and waivers of liens,arising out of the Contract Documents,to
the extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
Work's acceptability,even though the Design Professional may have issued its recommendations.
12.3 Payments to Subcontractors - The Construction Manager shall promptly, within 15 days after
receipt of payment from the Owner,pay all the amount due Subcontractors less a retainage of ten
percent(10%)until after the Project is fifty percent(50%)complete,payment has been issued,and
based on Construction Manager's evaluation of the Subcontractor's acceptable performance, the
Owner may approve a reduction in retainage for payments thereafter. If there should remain items
to be completed,the Construction Manager and Design Professional shall list those items required
for completion and the Construction Manager shall require the retainage of a sum equal to 200%
of the estimated cost of completing any unfinished items, provided that said unfinished items are
listed separately and the estimated cost of completing any unfinished items likewise listed
separately. Thereafter, the Construction Manager shall pay to the Subcontractors, monthly, the
amount retained for each incomplete item after each of said items is completed.Before issuance of
final payment without any retainage,the Subcontractor shall submit satisfactory evidence that all
payrolls, material bills and other indebtedness connected with the Project have been paid or
otherwise satisfied, warranty information is complete, as-built markups have been submitted and
instruction for the Owner's operating and maintenance personnel is complete.
12.4 Delayed Payments by Owner —Notwithstanding anything in the Contract Documents to the
contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments
for Work performed under this Agreement,Contractor shall continue to perform the Work required
of it under this Agreement pending resolution of the dispute provided that Owner continues to pay
Contractor all amounts that Owner does not dispute are due and payable.
12.5 Payments for Materials and Equipment- Payments will be made for material and equipment not
incorporated into the Project but delivered and suitably stored at the site or another location subject
to prior approval and acceptance by the Owner on each occasion.
12.6 Withholding Payments To Subcontractors—Unless good cause is shown and/or pursuant to Florida
law, the Construction Manager shall not withhold payments to Subcontractors if such payments
have been made to the Construction Manager. Should this occur for any reason, the Construction
Manager shall immediately return such monies to the Owner's, adjusting pay requests and Project
bookkeeping as required.
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SECOND AMENDMENT TO AGREEMENT#17-7198
ARTICLE 13
INSURANCE,INDEMNITY AND WAIVER OF SUBROGATION
13.1 Indemnity - To the maximum extent permitted by Florida law, the Construction Manager shall
indemnify,defend, and hold harmless Collier County,its officials and employees from any and all
liabilities, damages, losses, and costs,including,but not limited to,reasonable attorneys' fees and
paralegals' fees, but only to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Construction Manager or anyone employed or utilized by the Construction
Manager in the performance of this Agreement; provided that such liability, damage, losses, and
costs is/are attributable to bodily injury, sickness, disease, or death, or injury to or destruction of
tangible property(other than the Work itself).
The duty to defend under this Article 13 is independent and separate from the duty to indemnify,
and the duty to defend exists regardless of any ultimate liability of the Construction Manager,
Owner and any indemnified party. Construction Manager's obligation to indemnify and defend
under this Article 13 will only survive four (4) years after completion or termination or the
applicable statute of limitations (whichever is longer) for occurrences which pre-date completion
or termination.
The parties agree and acknowledge that all of the indemnification obligations throughout the
Contract Documents and this paragraph are intended to comply with Florida law on indemnity,and
to be interpreted in such a way as to be enforceable to the full extent allowed by Florida law.If any
word or clause in this section or any indemnification obligation throughout the Contract Documents
is/are determined not to be in compliance with Florida law,including any amendments thereto,the
remaining words and clauses in this paragraph shall remain in full force and effect,and words and
clauses shall be automatically added or edited to cause compliance and to be valid, legal, and
enforceable,which is the intent of the parties. The indemnity obligations of Construction Manager
shall never extend to the liability of the Architect,Architect's consultants,or any of their members,
partners, employees, agents, consultants, subcontractors arising out of: (A) The preparation or
approval of,or the failure to prepare or approve maps,Drawings,Specifications,opinions,reports,
surveys, designs, Change Orders; or(B) Giving directions or instructions, or failing to give them,
if that is a cause of an injury or damage.
13.2 Construction Manager's Insurance
(1) During the term of this Agreement the Construction Manager shall provide, pay for, and
maintain, with companies satisfactory to the Owner, the types of insurance described herein.
All insurance shall be from responsible companies duly authorized to do business in the State
of Florida and/or responsible risk retention group insurance companies registered with the State
of Florida. Promptly after written Notice of Award is issued by the Owner, the insurance
coverage and limits required must be evidenced by properly executed Certificates of Insurance
on an Acord or equivalent form. The Certificates must be personally, manually signed by the
Authorized Representatives of the insurance company/companies shown on the Certificates
with proof that he/she is an authorized representative thereof. In addition, copies of all
insurance policies required shall be provided to the Owner, on a timely basis, if requested by
the Owner.These Certificates and policies shall contain provisions that thirty(30)days written
notice by registered or certified mail, facsimile or e-mail shall be given to the Owner of any
cancellation, intent not to renew, or reduction in the policies' coverage, except in the
application of the Aggregate Limits Provisions.Construction Manager also shall notify Owner,
in a like manner,within forty-eight(48)hours after receipt by the Construction Manager of the
respective notices of expiration,cancellation,non—renewal, or material change in coverage or
. . ... ............. .. ..
. .. ........ .. .
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SECOND AMENDMENT TO AGREEMENT#17-7198 �o
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,the Construction Manager shall immediately take steps to
have the aggregate limit reinstated to the full extent permitted under such policy.
(2) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
(a) The term "Board of County Commissioners of Collier County, Florida" shall include
Collier County,Florida, a political subdivision of the State of Florida and all Authorities,
Boards,Bureaus,Commissions,Divisions,Departments and offices thereof and individual
members and employees thereof in their official capacity,and/or while acting on behalf of
Collier County,Florida.
(b) All insurance policies, other than the Professional Liability policy and the Workers
Compensation policy,provided by Construction Manager to meet the requirements of this
Agreement shall name the Board of Commissioners of Collier County, Florida, as that
name is defined in Article 13.2(1) above, as an additional insured on a primary and
noncontributory basis (for both on-going operations and products completed operations
hazard period) as to the Work of the Construction Manager to be performed under the
Contract Documents and shall contain a severability of interests provision.
(c) Companies issuing the insurance policy or policies shall have no recourse against Owner
for payment of premiums or assessments for any deductibles which all are at the sole
responsibility and risk of Construction Manager.
(d) All insurance coverage of the Construction Manager shall be primary to any insurance or
self-insurance program carried by the Owner 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 Owner applicable to this Project.
(3) The acceptance by the Owner of any Certificates of Insurance for this Project evidencing the
insurance coverage and limits required in this Agreement does not constitute approval or
agreement by the Owner that the insurance requirements have been met or that the insurance
policies shown on the Certificates of Insurance are in compliance with the requirements of this
Agreement.
(4) No work shall commence at the Project site unless and until the required Certificates of
Insurance are received and the written Notice to Proceed is issued to the Construction Manager
by the Owner.
(5) Before starting and until acceptance of the work by Owner,Construction Manager shall procure
and maintain insurance of the types and to the limits specified below, "Insurance
Requirements". Construction Manager shall require each of its subcontractors to procure and
maintain, until the completion of that subcontractor's work, insurance of the types and to the
limits specified below, unless such insurance requirement for the subcontractor is expressly
waived in writing by the Owner.
"Insurance Requirements"
INSURANCE TYPE REQUIRED LIMITS
1. Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440
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SECOND AMENDMENT TO AGREEMENT#17.7198
•
and all Federal Government Statutory Limits
and Requirements.Policy must include
Employers'Liability with a limit of
$1,000,000 each accident.
2. Commercial General Liability Bodily injury&Property Damage
Patterned after the Current I.S.O. $2,000,000 Single Limit Per Occurrence
Occurrence Form.
3. Automobile Liability $1,000,000 Each Occurrence
Owned/Non-Owned/Hired
Automobile Included.
4. Other Insurance below:
a) Professional Liability $1,000,000, if required.
(6) Builder's Risk Insurance shall be provided by the Construction Manager and included in the
GMP proposal(Exhibit E)or may be provided by the Owner,at its sole discretion,prior to the
issuance of a Notice to Proceed, and in which the cost will be addressed through the issuance
of a deductive Change Order.
(7) Construction Manager shall carry professional liability insurance in an amount not less than
$1,000.000, but only if the Contract Documents require Construction Manager to provide
professional architectural,design,or engineering services to Owner.
(8) Construction Manager shall insure that all subcontractors comply with the same insurance
requirements that Construction Manager is required to meet. Construction Manager shall
provide Owner with certificates of insurance meeting the required insurance provisions.
(9) The "Collier County Board of County Commissioners" must be named as "ADDITIONAL
INSURED"on the Certificate of Insurance for Commercial General Liability where required.
(10) The "Collier County Board of County Commissioners" shall be named as the Certificate
Holder.NOTE--The"Certificate Holder"should read as follows:
Collier County
Board of County Commissioners
Naples,Florida
(11) No County Division, Department, or individual name should appear on the Certificate. No
other format will be acceptable.
(12) Thirty(30)Days Cancellation Notice is required.
(13) The Certificate must state the Contract Number and Project Title.
13.3 Owner's Insurance—No additional insurance provided.
13.4 Other Insurance Terms
(1) If any insurance provided pursuant to this Agreement expires prior to the completion of the
Work,renewal Certificates of Insurance and, if requested by the Owner,copies of the renewal
policies,shall be furnished to Owner thirty(30)days prior to the date of expiration.
...... . ... .
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SECOND AMENDMENT TO AGREEMENT#17-7198
(2) Should at any time the Construction Manager not maintain the insurance coverage required in
this Agreement, the Owner may cancel the Agreement or at its sole discretion shall be
authorized to purchase such coverage and charge the Construction Manager for such coverage
purchased. If Construction Manager fails to reimburse Owner for such costs within thirty(30)
days after demand,Owner has the right to offset these costs from any amount due Construction
Manager under th.is Agreement. The Owner shall be under no obligation to purchase such
insurance, nor shall it be responsible for the coverage purchased or the insurance
company/companies used. The decision of the Owner to purchase such insurance coverage
shall in no way be construed to be a waiver of its rights under this Agreement.
(3) Construction Manager shall submit within twenty-four (24) hours to Owner and Design
Professional a copy of all accident reports arising out of any injuries to its employees or those
of any firm or individual to whom it may have subcontracted a portion of the Work, or any
personal injuries or property damages arising or alleged to have arisen on account of any work
by Construction Manager under the Contract Documents.
(4) The Owner shall be exempt from, and in no way liable for, any sums of money that may
represent a deductible in any insurance policy except deductibles as agreed to by the Owner in
obtaining Builder's Risk Property Insurance. The payment of such deductible shall be the sole
responsibility of the Construction Manager and/or subcontractor providing such insurance.
13.5 Waiver of Subrogation
(1) Except as to Workers Compensation and Professional Liability, the Owner and Construction
Manager waive all rights against each other for damages caused by perils covered by insurance
provided under Article 13 to the extent covered by such insurance, except such rights as they
may have to the proceeds of such insurance held by the Owner and Construction Manager as
trustees. The Construction Manager shall require similar waivers from all subcontractors and
their sub-subcontractors.
(2) The Owner and Construction Manager waive all rights against each other for loss or damage
to any equipment used in connection with the Project and covered by any property insurance.
The Construction Manager shall require similar waivers from all subcontractors and their sub-
subcontractors.
(3) The Owner waives subrogation against the Construction Manager on all property and
consequential loss policies carried by the Owner on adjacent properties and under property and
consequential loss policies purchased for the Project after its completion.
(4) If the policies of insurance referred to in this section require an endorsement to provide for
continued coverage, where there is a waiver of subrogation, the Owner of such policies will
cause them to be so endorsed. Failure to obtain proper endorsement nullifies the waiver of
subrogation.
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SECOND AMENDMENT TO AGREEMENT#17-7198
cAo
ARTICLE 14
TERMINATION OF THE AGREEMENT AND OWNER'S RIGHT TO PERFORM
CONSTRUCTION MANAGER'S OBLIGATIONS
14.1 Termination by the Construction Manager
In the event(i) Owner fails to make any undisputed payment to Construction Manager within ten
(10) days after such payment is due or Owner otherwise persistently fails to fulfill some material
obligation owed by Owner to Construction Manager under this Agreement, and (ii)Owner has
failed to cure such default within seven(7)of receiving written notice of same from Construction
Manager, then Construction Manager may stop its performance under this Agreement until such
default is cured, after giving Owner a second seven (7) days written notice of Construction
Manager's intention to stop performance under the Agreement. If the Work is so stopped for a
period of sixty (60) consecutive days through no act or fault of the Construction Manager or its
Subcontractors or their agents or employees or any other persons performing portions of the Work
under contract with the Construction Manager or any Subcontractor, the Construction Manager
may terminate this Agreement by giving written notice to Owner of Construction Manager's intent
to terminate this Agreement. If Owner does not cure its default within seven(7)days after receipt
of Construction Manager's written notice, Construction Manager may, upon seven (7) additional
days' written notice to the Owner,terminate the Agreement and recover from the Owner payment
for Work performed and all obligations assumed (including termination and cancellation fees)
through the termination date, including all Fees on the Work performed, but in no event shall
Construction Manager be entitled to payment for Work not performed or any other damages from
Owner.
14.2 Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for
Cause
(1) If the Construction Manager repeatedly fails to perform any material obligation under this
Agreement including any obligation Construction Manager assumes to perform work with its
own forces, the Owner may, after seven (7)business days written notice during which period
the Construction Manager fails to commence correction of such obligation, make good such
deficiencies. The GMP, or the actual cost of the Work, whichever is less, shall be reduced by
the cost to the Owner of making good such deficiencies and the Construction Manager's
Construction Phase Fee shall be reduced at the end of the Project (in the Construction
Manager's Final Payment) by the amount required to manage the making good of such
deficiencies. If the Construction Manager disagrees with the assessment, Construction
Manager shall be immediately entitled to pursue a claim against the Owner pursuant to §16.2
below.
(2) If the Construction Manager is adjudged a bankrupt, or if Construction Manager makes a
general assignment for the benefit of its creditors,or if a receiver is appointed on account of its
insolvency, or if, after seven (7) business days written notice Construction Manager (A)
repeatedly refuses or fails to supply enough properly skilled workers or proper materials,except
in case for which extension of time is provided; (B) fails to promptly make payment to
Subcontractors for materials or labor in in accordance with the respective agreements between
the Contractor and the Subcontractors if the Contractor has been paid;(C)repeatedly disregards
applicable laws, statutes, ordinances, codes,rules and regulations,or lawful orders of a public
authority in the role of Contractor and not designer; or (D) otherwise is guilty of substantial
breach of a provision of the Contract Documents, then the Owner may, without prejudice to
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SECOND AMENDMENT TO AGREEMENT#17-7198
any right or remedy and after giving the Construction Manager and its Surety, if any, an
additional seven(7)business days written notice, during which period Construction Manager
fails to commence correction of the violation, terminate the employment of the Construction
Manager and take possession of the site and of all materials, equipment, tools, construction
equipment and machinery thereon owned by the Construction Manager, and may finish the
Project by whatever method Owner may deem expedient. In such case, the Construction
Manager shall not be entitled to receive any further payment until the Project is finished nor
shall Construction Manager be relieved from its obligations assumed under Article 7. Unless
waived or limited by other terms of this Agreement,the actual expenses incurred by the Owner
as a result of a proper termination by the Owner may be deducted from any payment left owing
to the Construction Manager (excluding monies owed the Construction Manager for work
performed and materials and equipment furnished by others,including subcontract work).
(3) If the Construction Manager refuses after seven(7)business days written notice to allow public
access to any specified request for documents, papers, letters, or other material subject to the
provisions of Chapter 119,Florida Statutes,and made or received by the Construction Manager
in conjunction with this Agreement, then the Owner may, without prejudice to any right or
remedy and after giving the Construction Manager and its Surety, if any, after an additional
seven(7)business days written notice,during which period Construction Manager still fails to
allow access, terminate the employment of the Construction Manager and take possession of
the site and of all materials, equipment,tools, construction equipment and machinery thereon,
owned by the Construction Manager, and may finish the project by whatever method Owner
may deem expedient. In such case, the Construction Manager shall not be entitled to receive
any further payment until the Project is finished nor shall Construction Manager be relieved
from its obligations assumed under Article 7. Unless waived or limited by other terms of this
Agreement, the actual expenses incurred by the Owner as a result of a proper termination by
the Owner may be deducted from any payment left owing to the Construction Manager
(excluding monies owed the Construction Manager for work performed and materials and
equipment furnished by others, including subcontract work).
(4) If the Owner terminates this Agreement under Article 14.2(2) or Article 14.2(3) or section
§14.3 below,Owner expressly waives any and all right it has or may have to seek any delay or
liquidated damages.
14.3 Termination by Owner Without Cause
(1) If the Owner terminates this Agreement other than pursuant to Article 14.2(2) or Article
14.2(3), Owner shall pay Construction Manager for unpaid Cost of the Work, including for
Work in progress,completed,executed and committed,and all costs incurred by reason of such
termination, including cancellation charges or costs submitted by any third party, including,
but not limited to, subcontractors or suppliers and including, but not limited to, materials and
equipment whether already delivered to the site,being fabricated and pending delivery,as well
as those in the process of delivery. Owner shall also pay Construction Manager's Fee on said
costs. The Owner shall also pay to the Construction Manager fair compensation, either by
purchase or rental at the election of the Owner, for any equipment retained. In case of such
termination of Agreement the Owner shall further assume and become liable for obligations,
commitments and unsettled contractual claims that the Construction Manager has previously
undertaken or incurred in good faith in connection with said Project.The Construction Manager
shall,as a condition of receiving the payments referred to in this Article 14;execute and deliver
all such papers and take all such steps including the legal assignment of its contractual rights,
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SECOND AMENDMENT TO AGREEMENT#17-7198 (;A()
as the Owner may require for the purpose of fully vesting in him the rights and benefits of the
Construction Manager under such obligations or commitments.
(2) After the establishment of the Guaranteed Maximum Price or at the completion of the Pre-
construction Phase, if the final cost estimates or lack of funding make the Project no longer
feasible from the standpoint of the Owner,the Owner may terminate this Agreement and pay
the Construction Manager all amounts provided in Article 14.3(1)above.
ARTICLE 15
ASSIGNMENT,GOVERNING LAW AND VENUE
15.1 Neither the Owner nor the Construction Manager shall assign its interest in this Agreement without
the written consent of the other except as to the assignment of proceeds.
15.2 This Agreement shall be governed by the Laws of the State of Florida.
ARTICLE 16
NOTICE OF CLAIM: WAIVER OF REMEDIES;PROCEDURE FOR DELAY CLAIM
16.1 Notice of Claim - The Owner's liability to Construction Manager for any claims arising out of or
related to the subject matter of this Agreement,whether in contract or tort,including,but not limited
to, claims for extension of construction time, for payment by the Owner of the costs, damages or
losses because of changed conditions under which the work is to be performed, or for additional
work, shall be governed by the following provisions:
(1) All claims must be submitted as a Request for Change Order in the manner as provided herein.
(a) The Construction Manager must submit a Notice of Claim to Owner and to the Design
Professional within five(5)business days of when the Construction Manager was or should
have been aware of the occurrence of the event giving rise to the claim;and
(b) Within five(5)business days of submitting its Notice of Claim,the Construction Manager
shall submit to the Owner its Request for Change Order, which shall include a written
statement of all details. Of the claim, including a description of the work affected.
(2) The Construction Manager agrees that the Owner shall not be liable for any claim that the
Construction Manager fails to submit as a Request for Change Order as provided in this
paragraph.
(3)After receipt of a Request for Change Order, the Owner, in consultation with the Design
Professional, shall deliver to the Construction Manager its written determination of the claim.
(4) In the event the Owner and Construction Manager are unable to agree on the terms of a Change
Order, the Owner shall have the option to instruct the Construction Manager to proceed with
the work. In that event,the Owner shall agree to pay for those parts of the work,the scope and
price of which are not in dispute.The balance of the disputed items in the order to proceed shall
be resolved in accordance with Article 16.2.
16.2 Resolution of Claims and Disputes, Generally—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
44IP,a e
SECOND AMENDMENT TO AGREEMENT#17-7198 C S0
representatives of Contractor with full decision-making authority and by Owner's County Manager
or authorized designee who would make the presentation of any settlement reached during
negotiations to Owner 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 Contractor
with full decision-making authority and by Owner's staff person or designee who would make the
presentation of any settlement reached at mediation to Owner'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.
16.3 Venue-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.
16.4 Remedy for Delay - For work the Construction Manager performs with its own forces, and in
addition to the adjustments provided for in Article 8, the Construction Manager's remedies for
delay in performance of the construction caused by events beyond its control including delays
claimed to be caused by or attributable to the Owner or the Design Professional, including claims
based on breach of contract or negligence, shall be a claim submitted in compliance with 16.1
above, for an extension of the scheduled construction time (based upon the actual time impact to
the Project because of the delay). Also, in the event of a change in such work, the Construction
Manager's claim for adjustments in the contract sum are limited to its actual costs for such changes,
plus ten (10%) percent for profit thereon. The Construction Manager expressly agrees that the
foregoing shall constitute its sole and exclusive remedies for delays and changes in work and
eliminate any other remedies which the Construction Manager may have to claim additional
compensation.
16.5 Waiver of Consequential Damages - The Construction Manager and Owner waive any and all
claims against each other for consequential,incidental or special damages arising out of or relating
to this Agreement. This mutual waiver includes:
1. damages incurred by the Owner for rental expenses, for losses of use, income, profit,
financing, business and reputation, and for loss of management or employee productivity
or of the services of such persons;and
2. damages incurred by the Construction Manager for monetary claims for losses of financing,
business and reputation,and for loss of profit except anticipated profit arising directly from
the Work.
ARTICLE 17
MISCELLANEOUS
17.1 Harmony - Construction Manager is advised and hereby agrees that Construction Manager will
exert every reasonable and diligent effort to assure all labor employed by Construction Manager
and its Subcontractors for work on the Project shall work in harmony with and be compatible with
all other labor being used by building and Construction Managers now or hereafter on the site of
the Project. Construction Manager further agrees that this provision will be included in all
subcontracts of the Subcontractors as well as the Construction Manager's own contract;provided.,
however,that this provision shall not be interpreted or enforced so as to deny or abridge,on account
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SECOND AMENDMENT TO AGREEMENT#17-7198 CAO
of membership or non-membership in any labor union or labor organization,the right of any person
to work as guaranteed by Article 1, Section 6 of the Florida Constitution.
17.2 Apprentices- If the Construction Manager employs apprentices on the project,the behavior of the
Construction Manager and the Owner shall be governed by the provisions of Chapter 446,Florida
Statutes, and by applicable standards and policies governing apprentice programs and agreements
established by the Division of Labor of the• State of Florida Department of Labor and Employment
Security. The Construction Manager will include a provision similar to the foregoing sentence in
each subcontract.
17.3 Applications for Payment- Applications for Payment shall be submitted in detail sufficient for a
proper pre-audit and post-audit thereof. Invoices for any travel expenses shall be submitted in
accordance with procedures specified in Section 112.061 of the Florida Statutes governing
payments by the State for travel expenses.
17.4 Construction Manager's Project Records - The Construction Manager's Project Records shall be
maintained as prescribed hereinabove and shall be made available to the Owner or its authorized
representative at mutually convenient times.
17.5 Minority Participation - When Projects involve State of Florida or Federal funding, Construction
Manager shall diligently attempt to comply with State of Florida and Federal requirements on
minority participation.
17.6 Construction Manager's Payment Rights-Owner shall make payments in accordance with Chapter
218,Florida Statutes,the"Florida Prompt Payment Act."Interest penalties shall be at the legal rate.
Interest penalties of less than one(1) dollar will not be enforced unless the Construction Manager
requests payment.
17.7 Public Entity Crime Information Statement - "A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity,may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work as a
Construction Manager, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
17.8 Immigration and E-Verify - By executing and entering into this agreement, the Construction
Manager is formally acknowledging without exception or stipulation that it is 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
Construction Manager to comply with the laws referenced herein shall constitute a breach of this
agreement and the Owner shall have the discretion to unilaterally terminate this agreement
immediately.
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.
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
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SECOND AMENDMENT TO AGREEMENTS 17-7198 CA O
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 professional services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Construction Manager/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 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 both the acceptable 1E-Verify evidence and the executed affidavit
the bidder's/Contractor's proposal may be deemed non-responsive.
Additionally,Construction Manager shall require all subcontracted Contractors to use the E-Verify
system for all purchases not covered under the"Exceptions to the program"clause above.
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.
Construction Manager 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 may 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 breach of the award agreement and the Owner shall have the discretion to unilaterally
terminate said agreement immediately.
17.9 Electronic Mail Capabilities - The Construction Manager must have electronic mail capabilities
through the World Wide Web. It is the intention of the Owner to use electronic communication for
all projects whenever possible. The Construction Manager shall provide their electronic mail
address and the name of a contact person responsible for their electronic communications.
17.10 Captions and Section Headings - Captions and section headings used herein are for convenience
only and shall not be used.in construing this Agreement.
17.11 Agreement Preparation-This agreement shall not be construed more strictly against one party than
against the other merely by virtue of the fact that it may have been prepared by one of the parties.
It is recognized that both parties have substantially contributed to the preparation of this Agreement.
17.12 Third Party Beneficiaries- This agreement does not create any relationship with, or any rights in
favor of any third party.
17.13 Unless stated otherwise,the term"day"as used in the Contract Documents shall mean calendar day.
17.14 Statutory Disclosures—
47jPage
SECOND AMENDMENT TO AGREEMENT#17-7198
(a) ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE
AND CURE PROVISIONS OF CHAPTER 558,FLORIDA STATUTES.
(b) By executing and entering into this Agreement, the Construction Manager (in the
Construction Manager's capacity as a contractor and not as a licensed design professional),
is formally acknowledging without exception or stipulation that it agrees to comply, at its
own expense, with all federal, state and local laws, codes, statutes, ordinances, rules,
regulations and requirements applicable to this Agreement, including but not limited to
those dealing with 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;taxation,workers'
compensation, equal employment and safety (including, but not limited to, the Trench
Safety Act, Chapter 553, Florida Statutes, 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:
IF THE CONSTRUCTION MANAGER HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONSTRUCTION MANAGER'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
Except as to records (and other information) which are exempt, privileged, private or protected
whereupon appropriate the procedures may be requested and implemented,and/or the Construction
Manager might not be required to produce the records(and other information)or only in a limited
fashion or manner, the Construction Manager must specifically comply with the Florida Public
Records Law to:
1. 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 Construction Manager
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 Construction Manager or keep and maintain public records required
by the public agency to perform the service. If the Construction Manager transfers all
public records to the public agency upon completion of the contract, the Construction
Manager shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Construction Manager keeps
and maintains public records upon completion of the contract, the Construction Manager
48 page
SECOND AMENDMENT TO AGREEMENT#17-7198
CAO
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 Construction Manager observes that the Contract Documents are at variance therewith, it shall
promptly notify the Owner in writing.Failure by the Construction Manager to comply with the laws
referenced herein may constitute a breach of this Agreement and, if material, the Owner shall have
the discretion to unilaterally terminate this Agreement immediately.
(remainder of the page is intentionally left blank)
49IPage
SECOND AMENDMENT TO AGREEMENT#17-7198
CAO
EXHIBIT A
CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES
1. Owner- Collier County,a political division of the State of Florida
Nick Casalanguida
Collier County,Deputy Manager
Nick.Casalanguida(aicolliercountyfl.gov
Tel: (239)252-8383
Margaret Bishop,P.E. Principal Project Manager
Margaret.Bishop@colliercountyfl.gov
Facilities Management
3335 East Tamiami Trail, Suite 101
Naples,Florida 341 12
Tel: (239)252-8380
Fax: (239)252-3795
2. Construction Manager-Manhattan Construction(Florida),Inc.
Gordon Knapp
Senior Vice President-Florida Manhattan Construction(Florida),Inc.
3705-1 Westview Drive
Naples,Florida 34104
gknapp@manhattanconstruction.com
Tel: (239)643-6000(office)
Tel: (239)675-8333 (cell)
David Puls Project Director
Manhattan Construction(Florida), Inc.
3705-1 Westview Drive
Naples,Florida 34104
DPuls@manhattanconstruction.com
Tel: (239)280-2628 (office)
Tel: (239)255-9253 (cell)
3. Design Professional-Davidson Engineering,Inc.
Josh Fruth Vice President
Davidson Engineering, Inc.
4365 Radio Road#201
Naples,Florida 34104 J
osh@davidsonengineering.com
Tel: (239)434-6060(office) f
Tel: (239)877-3480(cell)
Fax: (239)434-6084
501Page
SECOND AMENDMENT TO AGREEMENT#17-7198
EXHIBIT B
CONSTRUCTION MANAGER'S KEY PERSONNEL ASSIGNED TO THE PROJECT
David Puls Project Director
David Steger Sr Project Manager
Jeff Smith Assistant Project Manager
TBD Project Engineer
Ken Masse Sr Superintendent
TBD Superintendent I
Paul Hornus Superintendent II
Senior Safety Manager Dean Ramineh
Field Office Manager Betty Lounds
Contract Administrator Lyn Ross
51Page ..
SECOND AMENDMENT TO AGREEMENT#I7-7198
EXHIBIT C
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No. DESIGN PROFESSIONAL's Project No.
PROJECT:
CONSTRUCTION MANAGER
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to
the following specified parts thereof:
To:
OWNER
And
To:
Substantial Completion is the state in the progress of the Work when the Work(or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the
OWNER can occupy or utilize the Work for its intended use. On the date provided below,
CONSTRUCTION MANAGER declares that the Work has reached Substantial Completion.
Moreover, the Work to which this Certificate applies has been inspected by authorized
representatives of OWNER and DESIGN PROFESSIONAL and they also agree that the Work
is substantially complete in accordance with the requirements of the Contract Documents:
DATE OF SUBSTANTIAL COMPLETION
Pursuant to §2.4(g) of the Amendment, a Punch List shall be prepared within 10 calendar days from
the date hereof. The failure to include an item on the Punch List shall not alter the responsibility of
CONSTRUCTION MANAGER to repair any and all Work in accordance with the
CONSTRUCTION MANAGER's warranties as provided in the Contract Documents.The Punch List
shall be completed on or about days after the preparation of the Punch List.
.... .. . .. . . .. . ..
.. . .. ............... ...
52IPaae
SECOND AMENDMENT TO AGREEMENT#17-7198
The responsibilities between OWNER and CONSTRUCTION MANAGER for security, operation,
safety,maintenance,heat,utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONSTRUCTION MANAGER:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONSTRUCTION MANAGER's obligation to complete the Work
in accordance with the Contract Documents.
Executed by Design Professional on ,201_
DESIGN PROFESSIONAL
By:
Type Name and Title
CONSTRUCTION MANAGER accepts this Certificate of Substantial Completion on
,201 .
CONSTRUCITON MANAGER
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on ,201_
OWNER
By:
Type Name and Title
53 Wage
SECOND AMENDMENT TO AGREEMENT#17-7198 C.{.(�
EXHIBIT D
Construction Manager's Final Payment Affidavit
(Pursuant to§713.06, Fla. Stat.)
STATE OF FLORIDA )
) SS:
COUNTY OF COLLIER )
Before me, the undersigned authority, personally appeared Gordon Knapp, who, upon being duly
sworn,deposes and says of his personal knowledge the following:
1. He is the Senior Vice President-Florida, of Manhattan Construction(Florida), Inc.,which does
business in the State of Florida,hereinafter referred to as the "Construction Manager."
2. Construction Manager, pursuant to a contract with Collier County, a political subdivision of
the State of Florida,hereinafter referred to as the "Owner," has furnished or caused to be furnished
labor, materials and/or services for Project No: 50156, for
Collier County Sports Complex on the real property known as Collier County Sports Complex,
having the address of Naples, Florida.
3.This affidavit is executed by the Construction Manager in accordance with §713.06 of the Florida
Statutes for the purposes of obtaining final payment from the Owner in the amount of $
4.All Work to be performed under the contract has been fully completed, and all lienors under direct
contract have been paid in full, except the following listed lienors:
NAME OF LIENORS: AMOUNT DUE:
Manhattan Construction(Florida),Inc.
By:
Gordon Knapp, Senior Vice President-Florida
Sworn to and subscribed before me this day of , 201_, by Gordon Knapp, the
Senior Vice President -Florida of Manhattan Construction (Florida), Inc., who personally known
to me or producedas identification,and did take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this day of
20
Notary Public
State of Florida at Large
Typed,printed or stamped name of Notary Public
My Commission Expires:
54IPage
SECOND AMENDMENT TO AGREEMENT it 17-7198 QAC)
COLLIER COUNTY SPORTS COMPLEX
EXHIBIT E - GMP PROPOSAL: PHASE 1A , : . . ,
- GMP#02 - HORIZONTAL AND VERTICAL __ _ . _. .......
WORK PACKAGE .,. . . ... ...,. .. . . ,..„.... , ,. ,. , w-; ,.. ,
March 26,2019 „ ,
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W _ _ Manhattan
Building excellence. Co ler Co�l�ty
Prepared by: Prepared For:
Gordon Knapp Collier County Government
Senior Vice President Board of County Commissioners
Manhattan Construction 3299Tamiami Trail East, Suite 303
3705-1 Westview Drive Naples, FL 34112-5746
Naples, FL 34104
(239) 643-6000
gknapp@manhattanconstruction.com
ill
• Co ger County
41E04 ,
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Collier County, FL Contents
Collier County Sports Complex 1.GMP Budget Summary
Exhibit E-GMP Proposal
2.GMP Clarifications and Assumptions
Phase lA-GMP#02-Horizontal
and Vertical Work Package 3.General Conditions Budget Estimate
March 26, 2019 4.Allowances
6.Preliminary Construction Schedule
Prepared for:
Collier County Government 7.Document Rider—List of Contract Documents
Board of County Commissioners
3299 Tamiami Trail East, Suite 303 (including Plans and Specifications to which the
Naples, FL 34112-5746 GMP Budget is based upon)
Prepared by: 8.Site Utilization Plan
Manhattan Construction
3705-1 Westview Drive
Naples, Florida 34104
Contact Person at Manhattan:
Gordon Knapp, Senior Vice President
gl<napp@manhattanconstruction.com
(239) 643-6000
Manhattan410)
9ArCoMnty
Section One -
GMP Budget Summary
4 Manhattan
Builclingeecetience.
Estimate Dated:March 26,2019
Project Name:COLLIER COUNTY SPORTS COMPLEX 13 MONTHS DURATION
_` GMP SUMMARY FOR PHASE 01A HORIZONTAL&VERTICAL WORK ONLY
. __. MANHATTAN CONSTRUCTION
No. Sco GMP SUMMARY
Bid Pk
g peol Work 2019.00.16 %of Total Comments
+m . "...,._ ® :sn- - ems. ,«. .>,«....... ...».x„
GENERAL $1,363,680 443%
GENERAL REQUIREMENTS $256852 084/
., esmee.emmenesomemoneene
PROFESSIONAL SERVICES:SURVEYS $228,000 0.74%
CONSTRUCTION MATERIALS TESTING ALLOWANCE .70,000 0.23%
FLAGPOLES ALLOWANCE 7,700 0.03%
SIGNAGE/IDENTIFYING DEVICES ALLOWANCE' 80,000 0.26%
SITE FURNISHINGS-SHADE STRUCTURES ALLOWANCE 518 400 1.69%
MONUMENT SIGNS(ALLOWANCE) 125,000 0.41%
ELECTRICAL/SITE LIGHTING/PARK LIGHTING 1,833,000 5.96%
PARK INTERIOR SITE LIGHTING(ALLOWANCE) _ $120,000 0.39%
EARTHWORK/HARDSCAPES/UTILITIES 11,355,899 36.92% I■IIIIII■I, III■I■
LANDSCAPE/IRRIGATION/TURF)FENCING 7,074 160 23.00%
BUILDING 1-WELCOME CENTER(ALLOWANCE-30%DESIGN) $2,010,970 6.54%
BUILDING 2-RESTROOM AND CONCESSION(ALLOWANCE-30%DESIGN) $1 227 000 3.99%
BUILDING 3-MAINTENANCE BUILDING(ALLOWANCE-30%DESIGN) $737,000 2.40%
BUILDING 4-SATELITE RESTROOM(ALLOWANCE-30%DESIGN) $586479 1.91%
BUILDINGS-TICKET OFFICE(ALLOWANCE_30%DESIGN) $199,320 0.65%
BUILDING 6-SHERRIFF/CARETAKER QUARTERS (PL WANCE) $100,000 0.33%
Subtotal 27,893,461 90.x9%
Cross Check Subtotal 27,693461 i
Buy Out 1-
6.000% Sales Tax'Included in Items Above) Incl Above l''.
1.500% Subcontractor Default Insurance 394,094
Subtotal Cost of Work 28,287,555 91.97
3.000% Owners Contin.enc B Owner 848 627 -; .':I ,
0.000% Design Contingency
0.000% MCF Construction Contin!enc
Cost of Work 29,136,181 94.73!
mi=Subtotal
140011 i:i .... .. .... i .:
Building Permit&Plan Review Fees(By Owner) 99
Subtotal d 29,276,192 6518/
i9
1.175% Construction Mana.er Insurances 343,995 t.[
Subtotal 29,620,188 96.30%
0.736% CM Pa ment&Performance Bond 02 218 4 ''
3.500% MCF Profit&Fee 919,553 '
TOTAL PROPOSED PHASE 1A HORIZONTAL&VERTICAL CONSTRUCTION AMOUNT 30.757,765 I 100.00%
0
CCSC PHASE 1A HORIZONTAL
MCF PH01 A PRESENTATION SUMMARY
3/19/2019 Page 1 of 1
Collier County
Section Two -
GMP Clarifications and
Assumptions
Clarifications & Assumptions
Collier County Sports Complex—Phase 1A
Naples, Florida
Construction Documents
March 26, 2019
Document Acknowledgement
1. GMP is based upon the documents and specifications as listed below and within the Document
Rider.
(Scope 1.01) -Approved CGBS Plans—Issued 1/28/2019
(Scope 1.01) - CGBS Bid Exhibits—Issued 1/28/2019
(Scope 1.01) -CGBS Roundabout Exhibit—Issued 1/28/2019
(Scope 1.02) -CGBN Lift Station Specifications—Issued 1/28/2019
(Scope 1.03)-STA 3+80 ROW Exhibits—Issued 1/28/2019
(Scope 1.04)-CGBN ROW Plans —Issued 1/28/2019
(Scope 1.05) - Davidson Engineering Construction Plan Set, Revision 2 Dated 01/18/2019—
Issued 1/28/2019
Technical Specifications—Issued 1/28/2019
Addendum 1 - Reissuance of Scope 1.05 Davidson Engineering Construction Plan Set —
Issued 1/29/2019
Addendum 2- Pre and Post Clearing Survey Exhibit—Issued 1/31/2019
Addendum 3- Bid Addendum#1 —Issued 2/08/2019
Addendum 4-Soil Boring Report—Issued 3/1/2019
Vertical Construction Budget Set—Sent via email on 3/1/2019
General Items
1. Acceptance of these Clarifications and their inclusion as a Contract Document is condition-
precedent to our Proposal. We specifically exclude any Bid and/or Contract Document
requirements to the contrary, as these Assumptions and Clarifications shall supersede any other
Drawings, Specifications, proposed Contract language, and/or all other Bid Documents.
2. Our Proposal is based on a 13 month Construction Schedule. Substantial Completion will be
achieved within 13 months of receipt of both the site development permit and Notice to Proceed.
{ Manhattan
Building excelleneck
Page 116
3. Our Proposal is based on the enclosed Manhattan Construction Florida Proposed Construction
Schedule plus time adjustments for any Change Orders, and is contingent upon the Owner
providing the complete Building Permit and any and all related permits or approvals that may be
required for a 100% un-encumbered construction start by Manhattan Construction Florida. Any
delays by the Owner in providing these permits and/or approvals shall be a subsequent delay to the
Construction Schedule and shall be compensated to Manhattan Construction Florida.
4. Manhattan will use the Phoenix Scheduling program for all project scheduling, and we assume that
this program will satisfy all project schedule requirements.
5. The following items are not included in this estimate, but should be taken into consideration or
provided by the Owner or Design Team:
a) Design Fees for Architects and Consultants.
b) Verification that the design indicated in the drawings and specifications meets code
requirements.
c) Verification that the design indicated meets owner insurance and operational requirements.
d) Maintenance agreements beyond substantial completion, unless specifically stated within the
contract documents.
e) Abatement, mitigation and/or removal of hazardous or contaminated materials.
f) Cost of building permit and inspection fees.
g) The Subcontractors will provide and pay for the basic, major trade permits only(Plumbing,
Mechanical and Electrical). The major Building permits, the Use &Occupancy permits, all utility
permits/coordination /fees, tap fees, public space permits, etc. and all other non-primary major
trade permits are all to be provided and paid for by the Owner unless agreed to otherwise.
h) Electric, Gas or Water municipal impact fees, as well as utility company charges for permanent
power, telephone service and CATV.
i) Cost of permanent water and electrical power usage.
j) The unloading, stocking, distribution and installation of Owner FF&E items (e.g.: furniture, wall
hangings, point of sale items, etc...)
k) Dumpster fees, to be paid by owner. MCF to coordinate.
6. This Work Authorization includes the costs for Manhattan's temporary conditions and general
conditions. This time frame is based on the current project schedule.
7. Manhattan has strived to include allowances for design items identified by Manhattan as missing
from project documents. Manhattan will reconcile these allowances based on Construction
Documents when they are provided for use. Items not fully detailed and located on the contract
project documents will also be priced once final Construction Documents are received by
Manhattan.
Manhattan
Atli!ding excellence.
Page 216
8. All construction Float in the Construction Schedule shall accrue for the exclusive use of Manhattan
Construction Company, unless mutually agreed otherwise, regardless of any bid documents or
specifications to the contrary. Manhattan Construction Company shall be compensated with Time
Extensions and General Conditions costs for time delays not the fault of Manhattan Construction
Company.
9. This project is based on normal working hours. No premium or weekend time is included unless
specifically noted otherwise elsewhere in our Proposal.
10. We assume unrestricted access to the work sites per the Site Utilization Plan.
11. Independent or police jobsite night time security has not been included.
12. We have included 6' high temporary fencing as indicated in the Temp Fencing Plan herein.
13. Material testing has been included as an allowance based on proposal's received from CMT
providers. These proposals have been clarified as estimates only and are subject to change.
14. An allowance log is included with this submittal. All allowances in the log are included in the cost
summary.
15. The General Conditions and General Requirements values included in the GMP Proposal are not
line item guaranteed maximums by Month but a total guaranteed maximum for General Conditions
and General Requirements for this total Phase of the Project. The schedule submitted to establish
the guaranteed maximum total staffing allocation is not intended to limit the Construction Managers
flexibility in assigning staff in each monthly pay period. The Construction Manager may vary the
allocation of hours in each billing cycle so long as the total is not exceeded. Only the costs spent
each month for staff at the approved rates identified in Exhibit G will be charged to the Project which
also applies for the other miscellaneous administrative costs included in the GMP Proposal. The
Construction Manager will submit a monthly detailed invoice report documenting the daily log of staff
hours multiplied by the approved rate. The report will identify the percentage used compared to the
percentage of time to Final Completion. Unused hours will be reconciled at Final Completion and
the value will be returned to the Owner.
Insurance, Staff Rates and Bonds
1. Builder's Risk ("all-risk") Insurance is included per Manhattan policy terms and conditions.
2. Manhattan will utilize its subcontractor surety program, Subcontract Default Insurance (SDI), for
Performance and Payment bonds. Subcontracts and Purchase Orders will be enrolled at a
premium rate of (1.5%) of the total Subcontract/Purchase Order value. The premium rate is not
subject to audit; however the application of the rate to Subcontracts and Purchase Orders will be
reconciled at the end of the job.
3. Builders Risk Insurance and any and all insurance deductibles is included. Our insurance coverage
is provided by XL, Incorporated, and is limited to those terms, conditions, and limits of coverage. All
insurance requirements of the Contract are limited to and must be verified with our standard
Manhattan
Building excellence.
Page 316 le
II
coverage or increased at additional cost, as necessary. We have not included any"deductibles"for
any Owner's insurances; they shall be reimbursed at cost if needed.
4. Performance and Payment Bonds for Manhattan and associated costs are included.
Division 01
1. Costs associated with Energy reviews and Accessibility reviews and inspections are not included.
2. Sales tax is included on all incorporated material at a rate of(6.00%)
3. We do not include any excavation, removal, undercutting, replacement, handling, or any other costs
for any`unsuitable soils"for any reason. This includes rock, contaminated materials, hazardous
materials, debris, groundwater, trash, waste, high moisture content, and/or anything other than
"suitable soils" encountered below the existing top surface of the ground. Suitable soils are defined
as existing in a condition ready for immediate re-use as fill material and/or topsoil. All unsuitable
soils shall be handled by change order per unit prices as encountered and all related delay will be
added to the Contract Completion Date and the schedule on a day-for-day basis. This clarification
supersedes any information contained in the Soils Report, etc. and shall supersede any differing or
contradictory requirements anywhere else within the Bid and/or Contract Documents, such as"Un-
Classified Soils" requirements, etc.
4. We include pumping/de-watering required due to normal rain, snows, etc. We have included Site
Water Management including site pumping and retaining as an add alternate to the proposed
Earthwork subcontractor.
5. We do not include any engineering responsibility for design liability for any of the work shown on the
Contract Documents. We will submit requests for information and/or subcontractor shop drawings
for all such issues for specific direction and/or review, approval, and full acceptance of design
liability by the design architect and/or engineer(s) of record. The Architect and the other design
consultants are responsible for the complete and proper design and associated design liability.
6. Manhattan excludes any responsibility or liability for patent, trademark, or copyright infringement claims
based on content of the Contract Documents.
7. We are not responsible for delays or major cost increases due either directly or indirectly to utility
outages, brownouts, or loss of power.
8. We have carried 4 months of temporary trailer office facility. Sheriff/Caretakers residence is to be
used as office facility for the remaining construction Phases.
Division 02A - Surveying
1. We have included (1) survey for materials excavated from lake constructed within Phase 0 work.
2. This scope is inclusive of work relating to only that which lies within the boundary of Phase 1A and
Phase 1B utilities. No Surveying for any future work is included within this agreement.
Manhattan
Ruil ting,' ar'lencre.
Page 416 �
3. We have included as-built data collection tasks on a (1)time basis.
Division 26A —Electrical
1. No concrete encasement of duct banks has been included.
2. FPL transformer pads and secondary connections in FPL transformers are to be by FPL.
3. No handholes have been included, to be furnished and installed by others.
4. All conduit duct banks are considered straight runs with no splicing or conduit stub outs for future
utility work included.
5. Number of duct banks and conduits included are as specified in RFI response issued by Davidson
Engineering on 3/612019.
6. All scope of work relating to supplying power for site lighting and field lighting has been included as
an allowance with the Vertical Construction.
Division 31A - Earthwork
1. Locating of existing utilities to be performed by Owner prior to commencement of this scope of
work.
2. No import fill is included. Manhattan assumes stockpiled fill from Phase 0 will satisfy the quantity
necessary to reach required site elevation.
Division 32B - Concrete Paving / Stamped Concrete
1. Cost associated with colored concrete mock-ups have been included. These mock-ups are to be
approved by both the Architect and Owner, and will survive the duration of the project and establish
basis for quality.
2. All exposed concrete finishes are included as receiving formed finish (Architectural finish,
sandblasting, fluid applications, etc... is excluded)
Division 32H - Plantings / Sod / Trees / Mulch / Irrigation
1. Landscaping bid proposals include species from the contract documents provided, that were readily
available. Species provided at time of bid may not necessarily be available at time of planting.
Should this case arise, alternate species will be presented for Owner selection. Any adjustments
required will be handled at that time.
Manhattan
Building excellence_
Page 516
CA®
2. It is understood that the irrigation plans are conceptual in nature, and will require additional detail
prior to installation. Finalization of the irrigation design is not included in the GMP.
3. We have included replanting after removal of existing exotic species, per contract documents, which
lists a complete replanting of Restoration Area#1. It is understood that after exotic removal from
this area, a survey is to be performed to determine the actual extent of replanting necessary. Cost
difference between information available at time of bid and post exotic removal survey to be
reconciled at that time.
Division 33C - Utilities
1. Modification to existing utility structures is included as stated per contract documents in the GMP.
This does not include any repair or unforeseen/unknown existing damages, or modifications not
consistent with instructions provided within the contract documents.
Manhattan
fuilding excellence.
Page 616
CA(
r County
Grle
Section Three -
General Conditions Budget
Estimate
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Section Four -
Allowances
CA
Allowances
Collier County Sports Complex—Phase 1A
Naples, Florida
Construction Documents
March 26, 2019
Vertical Buildings
1 .1A Welcome Center $ 2,010,970 LS
1.1B Restroom and Concession $ 1,227,000 LS
1 .1C Maintenance Building $ 737,000 LS
1.1D Satellite Restroom $ 586,479 LS
1.1E Ticket Office $ 199,320 LS
1 .1F Sherriff/Caretaker Quarters $ 100,000 LS
Note: Allowances for vertical buildings were established by cost per gross square
foot of each building based on preliminary design drawings.
Collier County Sports Complex-Vertical 8ullding Allowance Analysis
Newbasellne
Current Control budget
Subcontractor GSF Budget Control.. 10%safety 10% 20%safety 20% 30%safety 30% PMS
Item description level cost Pdor GSF 3/1/2019 Difference$/GSE budget$. tactor $/GSF. factor $/GSF .factor $/G$F $/Bullding. PMS$/GSF
Buntline 1 Welcome Center® n $2,010,970 non$2193,786 $166.49 $2,376,601 $180.36 $2,108,320 $ 160.00
Buildin.2 Restroom and Co rr $1227,000 ErnmEnno$268.03 $1450,091 FEM.$1,198560 $ 240.00
Builth .3 Maintenance Build ®MMIIIIIMI$80.00 $ 670,000 0 737,000 $ 88.00 $ 804,000 $ 96.00 $ 871,000 $104.00 $ 586,250 $ 70.00
Buildin.4 Satellite Restroom $ 476,694 MISIFEEIMMIIMMII $ 639,796 ENDITIEMENIEUXEM$ 587,640 $ 220.00
Buidin.5 ticket Office EmmmmnmmmgEcmmpErn$150 00 $ 181200 5 199,320 $165.00 MEI=$180.00 MEM$195.00 $ 169,120 $ 140.00
EIMMIZM 22,474... 30426 7,952 [MEM$4,760,770 M MEM $4,650,090
$158.47 IMEEM .... _..
1.2 Shade Structures $ 518,400 LS
1.3 Monument Signs $ 125,000 LS
1 .4 Park Interior Site Lighting $ 120,000 LS
1.5 Signage / Identifying Devices $ 80,000 LS
1 .6 Construction Materials Testing $ 70,000 LS
1.7 Flagpoles $ 7,700 LS
Collier County
Section Six -
Preliminary Construction
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EXHIBIT F
PUBLIC PAYMENT BOND
Bond No. 8246-49-91
Contract No.
KNOW ALL MEN BY THESE PRESENTS: That Manhattan Construction (Florida), Inc.,
3705-1 Westview Drive, Naples, FL 34104 as Principal,
and Federal Insurance Company , as
Surety, located at 2028 Halls Mill Road,Whitehouse Station, NJ 08889
(Business Address) are held and firmly bound to Collier County Board of County Commissioners
as Obligee in the sum of Three Million One Hundred Ninety Nine Thousand Nine Hundred Eighty Four and 81/100---------_
($ 3,199,984.81 ) for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the 25th day of
September 2018, with Obligee for Construction Manager at Risk Services for Collier County Sports Complex Project
in accordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this 1st
day of October 2018, the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
Signed, sealed and delivered
in the presence of:
PRINCIPAL
Manhattan Construction (Florida), Inc.
BY:
Witnesses as to Principal /� NAME: John Reyhan
V ITS: President
STATE OF t1a7-41,I
COUNTY OF l6 ,
The foregoin9instrument was acknowledged before me this Ow day of000(06e___
20p , by 'ck-.) j, j��_J , as R-2,es
Yl��o - fcUtc1J AFL rn L a of
� � corporation, on behalf of the
corporation. He/she is personally known to me OR has produced as
identification and did (did not) take an oath.
My Commission Expires: I ;_b abrtt, vvkletAit,d),
( gnature of Nota
ro .i�, Notary Public State of Florida NAME: e1/
E'iaaiv i M loomie,-
My Commission GG 042641 (Legibly Printed)
4•„,,%.0-- Expires 11/26/2020
(AFFIX OFFICIAL SEAL) Notary Public, State of Ro-Zt
Commission No.: (Jdj aq Q& 4 I
ATTEST: SURETY:
Federal Insurance Company
(Printed Name)
202B Halls Mill Road
Whitehouse Station, NJ 08889
(Business Address
(Authorized Signature)
Witnesses to Surety (Printed Name)
OR
/As Attorney in Fact /
nj. (Attach Power of Attorney)
L James B. Geisinger,Attorney-In-Fact
Witnesses (Printed Name)
Rooney Insurance Agency, Inc.
4700 S. Garnett, Suite 200
Tulsa, OK 74146
(Business Address)
(918)582-0565
(Telephone Number)
STATE OF OKLAHOMA
COUNTY OF TULSA
The foregoing instrument was acknowledged before me this 1ST day of
October, 2018 by James B. Geisinger , as
Attorney-In-Fact of Federal Insurance Company
Surety, on behalf of Surety. He/She is personally known to me OR has produced
Personally Known as identification and who did (did not)
take an oath.
My Commission Expires:
(Signature) •
]�
Name: L i/7? ���� LCC Gni 5
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of: £i (it h C x'14
6�e Commission No.: / UC
yarn, LINDAnAVIS
c;7 of;�
�``�
Cowan No 10022025
rte'^'s Cornnussion Egos 7/13/2022
EXHIBIT F
PUBLIC PERFORMANCE BOND
No. Bond No. 8246-49-91
Contract No.
KNOW ALL MEN BY THESE PRESENTS: That Manhattan Construction(Florida), Inc.
3705-1 Westview Drive,Naples,FL 34104 , as Principal, and Federal Insurance Company,
, as Surety, located at
202B Halls Mill Road,Whitehouse Station, NJ 08889
(Business Address) are held and firmly bound to
Collier County Board of County Commissioners , as Obligee in the sum of
Three Million One Hundred Ninety Nine Thousand Nine Hundred Eighty Four and 81/100
($3,199,984.81 ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the 25th day of
September , 2018, with Obligee for
Construction Manager at Risk Services for Collier County Sports Complex Project
in accordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract;
and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, that Principal
would be obligated to Obligee under the Contract, including, but not limited to,
Liquidated Damages incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shall in anywise affect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
0
This instrument shall be construed in all respects as a common law bond. It is
expressly understood that the time provisions and statute of limitations under Section
255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this 1st
day of October , 2018, the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
Signed, sealed and delivered
in the presence of: PRINCIPAL
Manhattan Construction(Florida), Inc.
- \
'
BY:
Witnesses as to Principal
NAM ohn Reyhan
ITS: President
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this 31ZD day of
, 2018, by v ki-.t) (,t✓r4-,•� as
of v}nk1 'tt01,J 6-11,9{LtiEftD 3 Lniw, a
corporation, on behalf of the corporation. He/she is
personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires: I l I n
/ kel6Fti
�orkg. Notary Public State of Florida (Signatu e)
Elizabeth M Lounds
p My Commission GG 042641
"o,,PF Expires 11/26/2020 Name: E� f,v43,
67.14
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of: FGp.t.;. CQ
Commission No.: G� D41.a-t
i
C U
ATTEST: SURETY:
Federal Insurance Company
(Printed Name)
202b Halls Mill Road
Whitehouse Station, NJ 08889
(Business Address)
(Authorized Signature)
Witnesses as to Surety (Printed Name)
OR
)61'
s Attorney in Fact
(Attach Power of Attorney)
(7)/A-01J4.e..51k__ James B. Geisinger,Attorney-In-Fact
Witnesses (Printed Name)
Rooney Insurance Agency, Inc.
4700 S. Garnett, Suite 200
Tulsa, OK 74146
(Business Address)
(918)582-0565
(Telephone Number)
STATE OF OKLAHOMA
COUNTY OF TULSA
The foregoing instrument was acknowledged before me this 1st day of
October,2018 , MU, by James B. Geisinger , as Attorney-In-Fact
of Federal Insurance Company , a Corporate Surety, on
behalf of Surety. He/She is personally known to me OR has produced
Personally Known as identification and who did (did not) take an oath.
My Commission Expires: 7- /3 - .72 ;',-- ,_:-... :/-2 , „Cia."4"_,
CAU
(Signature)
Name: /---)ndai Da U/3
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of: kl 11-A)2)1L
Commission No.: / S Oa 71)
LINDA DAVIS
. w i No),Psi o odarionla
't::�;• Canmas sn No 18007025
:•d ConmeonEwes]113(2022
C H U B'
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Know All by These Presents.That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,and PACIFIC
INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Georgia A.Craig,James B.Geisinger,Kevin L.Hanover,Christy Thompson
and Linda Wright of Tulsa,Oklahoma------- ___
as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon
or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments
amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these
presents an-daffiixed their corporate seals on this 1R day of August,2018.
(CAS X1"6eK
. 1SOA..BC ;7"-'ttit-'
flown M.Chloros.Assistant Secretary Stephen M.Haney.Vice President
n40"ftt .4".=4,-... 40.7.'t
1 t * 41410 "
STATE OF NEW JERSEY
County of Hunterdon
On this 1a day of August.2018.before me.a Notary Public of New Jersey,personally came Dawn M.Chloros,to me known to be Assistant Secretary of FEDERAL INSURANCE
COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M.
Chloros.being by me duly sworn,did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY.VIGILANT INSURANCE COMPANY,and PACIFIC
INDEMNITY COMPANY and(mows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by
authority of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that she is acquainted with Stephen M.
Haney,and knows him to be Vice President of said Companies;and that the signature of Stephen M.Haney,subscribed to said Power of Attorney is in the genuine handwriting of
Stephen M.Haney,and was thereto subscribed by authority of said Companies and in deponent's presence.
Notarial Seali�fi1 '14,-,
KATIIERINEJ.ADELAAR
I. ,FAR ` NOTARY PUBLIC OF NEW JERSEY
ftY ••••• s Na 2316e85 ,/, % i
PtlSttt�/ smil
Coekn Emits*July 16,2010 / Wary Ftddic
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016:
`RESOLVED,that the Rdlowingauthorizations relate to the execution.for and on behalf of the Company,of bonds,undertakings,recognizances.contracts and other written commitments of the Company
entered into in the ordinary course of business(each a'Written Commitment"):
(I) Each of the Chairman,the President and the Vice Presidents of the Company's hereby authorized to execute any Written Commitment for and on behalf of the Company.under the
seal of the Company or otherwise.
(2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or
otherwise,to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact.
(3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney-
in-fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the
Company as maybe specified in such written appointment.which specification may be by general type or class of Written Commitments or by specification of one or more particular
Witten Commitments.
(4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company.to delegate in writing to any other officer of the
Company the authority to execute.for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such
written delegation.which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED.that the foregoing Resolution shall not he deemed to bean exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of
the Company.and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested.-
"
ested"I,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the"Companies")do hereby
certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect,
(ii) the foregoing Power of Attorney is true,correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station,NJ,this 1st day of October,2018
(40"4) 4#0 Cjit) QaLISK-Th- aki-Ote
Ikiwn M.Chhxs,Assistant Secretar?
[N THE EVENT YOU WiSH TO VERIFY"HEAUrHENT1Cny OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER PLEASE CONTACT US AT:
Telephone(908)903-3493 Fax 008)903-3656 a-mail:suretyydachubb.com
FED-VIG-PI(rev.08-18)
lb
Surety 0 •908.903.3485
202B Halls Mill Road,PO Box 1650 F •908.903.3656
Whitehouse Station,NJ 08889-1650
Federal Insurance Company
Increase/Decrease Rider
RIDER to be attached to and form a part of
Bond No. 8246-49-91 wherein
FEDERAL INSURANCE COMPANY
is named as Surety,on behalf of Manhattan Construction (Florida), Inc.
as Principal, in favor of Collier County Board of County Commissioners
as Obligee, in the sum Of Three Million, One Hundred Ninety-nine Thousand, Nine Hundred
Eighty-four and 81/100 ($3,199,984.81)
dated September 25,2018
IT IS HEREBY UNDERSTOOD ND AGREED that effective the 20th day of March, 2019
the penalty of this hand is' decreased (circle one)
from Three Million, One 'un a red Ninety-nine Thousand, Nine Hundred Eighty-four and 81/100
$3,199,984.81---
to Thirty Million, Seven Hundred Fifty-seven Thousand,Seven Hundred Sixty-five and 00/100
(
$30,757,765.00---)
as to losses occurring atter said effective date.
Provided, however, that the liability of the Principal and Surety hereon shall not be cumulative or in any event exceed
the revised bond amount referred to herein.
The attached bond shall be subject to all its agreements,limitations and conditions except as herein expressly modified.
Signed, sealed and dated this 20th day of March,2019
Manh. �z n Co struc 'o (F. rida),Inc.
i
(Seal)
If bond amount is being DECREASED sign Name: G ORO„OA) Kria p P
<s:return a copy with original signature Title: 5 e. 7 ft e.S)DCA r
ACCEPTED: Federal Insurance Company
(Signature of Obligee) Nt e: James B.Ge&singer (Seal)
Name: Attorney-In Fact
Title:
CHUBB
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY.a New York corporation,and PACIFIC
INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Georgia A.Craig,James B.Geisinger,Kevin L.Hanover,Christy Thompson
and Linda Wright of Tulsa,Oklahoma
as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver fi)r and on their behalf as surety thereon
or othencise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments
amending or altering the same.and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these
presents and affixed their corporate seals on this 1"day of August,2018.
e.K/k
I)a^n \l c'hl =r . \ hcn)t .sir la1\ "tcb'h.:n 11 ILino
(*) 10 I)11
S'r.Yni
Of NEW JERSEY
County of IIunterdori
On this 1"day of August,2018,before me.a Notary Public of New Jersey personally.came Dawn\i.Chloros.to me known to he Assistant Secretary of FEDER\I.INSURANCE
COYIPANY.VIGILANT INSURANCE COMPANY.and PACIFIC INDEMNITY COMPAN\',the companies which executed the foregoing Power of Attorney.and the said Dawn NI.
Chloros.being by tic duly scurn.did depose and say that she is Assistant Secretary of FEDERAI.INSURANCE COMPANY,VIGIL ANT INSt.R\NCR COMPANY.and PACIFIC
INDEMNITY COMPANY and knows the corporate seals thereof.that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by
authority of said Companies:and that she signed said Power of Attorney.as \ssistant Secretary of said Companies by like authority:and that she is acquainted with Stephen NI,
Haney and knows him to he Vice President of said Companies:and that the signature of Stephen M.Haney,subscribed to said Power of Attorney is in the genuine handwriting of
Stephen NI.Haney.and was thereto subscribed by authority of said Companies and in deponent's presence.
Notarial Seal ,f; '9•, KATHERINE J.ADELMR
NOTApp i NCTARY PUBLIC OF NEW JERSEY /
(2 W-• T1 No 231065l-
PUBLIC I Cc:m.1, Crr Cul mu July 18.2019 Wotan Public
CERTIFICATION
Resolutions adopted by the Boards of Directors or FEDERAL INSURANCE CO\IP.ANY.VIGILANT INSURANCE COMPANY.and PACIFIC INDEM\I'rY COMPANY on August 30.2016:
-RLSOL\f-ti.that the following authorizations relate to the execution.for and on behalf of the Company.of bonds.undertakings.recognizances.contracts and other written commitments of the Company
entered into in the ordivan course otbusiuess(each a"Written Coffin utit ment"):
0) Each of the Chairman.the President and the Tice Presidents of the Company is hereby authorized to execute any written Commitment fire and tin behalf of the Company.under the
seal of the Company or otherwise.
(2) Each duiv appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment tot and on behalf of the Cutnpanytinder the seal of the Company or
othens use,no the extent that>uch action is authorized by the grant of peers pros ided for in such person's written appointment as such attorney-in-filet.
(31 Each of the Chairman.the President and the Vice Presidents of the Company is herein authnrized.forandun behalf of Me Ciiitipafli It,app Company. appt Mir in urn ing any person the attorney-
in-fact of the Company with full poser and authority to execute.for and un behalf of the Company,under the seal Mille Company or otherwise.such written Commitments of the
Company as may to specified in such written appointment.a Inch specification may be by general tyle or lass of written Commitments or In specification of tine or more particular
Written Commitments.
t4) Each of the Chairman.the President and the Vice Presidents of the Company is herein authorized,firand on behalf of the Company.m delegate in writing to any other officer of the
Company the authority to execute or anti on behalf of the Company.under the Company's seal or otherwise.such Written Commitments of the Company as are specified in such
written delegation.which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(5) The sigmat ore of any nllbeer or other person executing any written Commitment or appointment or dekgau inn pursuant o this Resolution.and the seal of the Company.may he affixed by
facsimile on such Written Commitment or written appointment or delegation.
I'1 RTHER RESOLVED, that the finegoing Restitution shall not he deemed tots'in esdusise statement of the liters and authority of linkers.employees and other persons to act for and on behalf of
the Company.and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested."
L Dawn NI.Chloros,Assistant Secretary.of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY.and PACIFIC INDEMNITY CO\IP.AN\'(the-Companies")do hereby
certify that
(b) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect.
(ii) the foregoing Power of Attorney is true,correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station.NJ,this 20th Day of March,2019.
pp Y Y
4`' •t>
+"• •"O llov n 1f t''Ii) r \ nc nt s„:est.rW
IN THE EVENT V0('WISFI Ti)ViiItU-V Tilt.M.lit ENTICITY OF THIS BOND OR NOTIFY IS OF ANY OTI If R MATTER.PLEASE CONT:\CT t AT: —_
Telephone 0.I)81503-3493 Fax(908)903-3656 e-mail:suretcstchuhb-cum
CAO
FED-VIG-PI(rev.08-18)
EXHIBIT G
CONSTRUCTION MANAGER'S STANDARD RATES
Title Hourly Rates
Principal/Principal-in-Charge $225
Project Director/Preconstruction
Manager $155
Project Liaison $155
Chief Estimator $160
Senior Estimator $100
Estimator $70
Senior Project Manager $130
Proiect Manager $110
Assistant Project Manager $75
Sr Project Engineer $65
Project Scheduler $115
Senior Superintendent $135
Site Superintendent $110
Senior Safety Manager $65
Field Office Manager $57
62IPap< c
SECOND AMENDMENT TO AGREEMENT#17-7196 ......... .... ._ ..
EXHIBIT H: RELEASE AND AFFIDAVIT FORM
COUNTY OF(COLLIER)
STATE OF(FLORIDA)
Before me,the undersigned authority,personally appeared
who after being duly sworn,deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ to be received,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner,dated ,20 for the period from
to .This partial waiver and release is conditioned upon payment of the consideration described
above.It is not effective until said payment is received in paid funds.
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns,that all charges for labor,
materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand
against any payment bond might be filed,shall be fully satisfied and paid upon Owner's payment to Contractor.
(3) Contractor agrees to indemnify,defend and save harmless Owner from all demands or suits,actions,claims of liens or
other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this
Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's[monthly/final]Application for Payment No.
CONTRACTOR
BY:
Witness ITS:
President
DATE:
Witness
[Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,20 ,by
,as of ,a
corporation,on behalf of the corporation. He/she is personally known to me or has produced
as identification and did(did not)take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
Notary Public,State of
(AFFIX OFFICIAL SEAL)
Commissioner No.:
63IPage
SECOND AMENDMENT TO AGREEMENT 9 17-7198
CNC
EXHIBIT I
FORM OF CONTRACT APPLICATION FOR PAYMENT
Collier County Board of County Commissioners(the OWNER) or Collier County Water-Sewer
Owner's Project Manager's Bid No.
Name:
County's Division Name Project No.
Submitted by Contractor Application Date:
Representative:Name
Contractor's Name& Payment Application No.
Address:
Original Contract Time: Original Contract Price: $
Revised Contract Time: Total Change Orders to Date: $
Revised Contract Amount: $
Total Value of Work Completed& $
Stored to Date:
Retainage @10%through $ Retainage @ 10%through[Insert date] $
[Insert Date]
Retainage @ %after $ Less Retainage $
[Insert date]
Total Earned Less Retainage $
Less previous payment(s)
Percent Work Completed to % AMOUNT DUE THIS $
Date: APPLICATION:
Percent Contract Time
Completed to Date:
Liquidated Damages to Be $ Remaining Contract Balance $
Accrued
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S
CERTIFICATION:
The undersigned CONTRACTOR certifies that: (1)all previous progress payments received from OWNER on account of Work done
under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection
with Work covered by prior Applications for Payment numbered 1 through inclusive; (2)title to all materials and equipment
incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment
free and clear of all liens,claims,security interests and encumbrances(except such as covered by Bond acceptable to OWNER);(3)all
amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is
now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been
properly approved by Owner in writing and in advance of such Work.
Contractor's Name
Contractor's Signature: Date:
Type Title: Shall be signed by an authorized
representative of the Contractor.
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:
Design Professional's Name:
Signature: Date:
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:
Owner's Project Manager Name:
Signature: Date:
64 page
SECOND AMENDMENT TO AGREEMENT#17-7198 '^y
C S°
SCHEDULE OF VALUES
Project Name: Project Number.
Date:
Period To:
ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 10% _% TOTAL
NUMBER VALUE MATERIALS COMPLETED COMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE
PREVIOUS APPLICATIONS THIS 8 STORED Ireau.d mel WITHHELD
THRU DATE SINCE DATE PERIOD TO DATE
TOTALS
'Explanation for the two columns under Previous Applications:The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage isst
into play.If this happens,all information up to the date of the%change in retainage is placed in the Thru Date column.Information after that date is placed in the Since Date column.This stat[
what has happened since the change In retainage.
65 IPag
SECOND AMENDMENT TO AGREEMENT H 17-7198
EXHIBIT J
CONSENT OF SURETY
(following this page)
661Pa <aa
SECOND AMENDMENT TO AGREEMENT#17-7198
CONSENT OF SURETY OWNER ❑
❑
TO FINAL PAYMENT ARCHITECTCONTRACTOR ❑
AL4 DOCUMENT G707-ELECTRONIC FORMATSURE
CONTRACTOR
❑
OTHER ❑
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AM
DOCUMENT D401.
TO OWNER: ARCHITECT'S PROJECT NO.:
(Name and address)
PROJECT: CONTRACT FOR:
(Name and address)
CONTRACT DATED:
In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the
(Insert name and address of Surety)
,SURETY,
on bond of
(Insert name and address of Contractor)
, CONTRACTOR,
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of
any of its obligations to
(Insert name and address of Owner)
, OWNER,
as set forth in said Surety's bond.
IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date:
(Insert in writing the month followed by the numeric date and year.)
(Surety)
Attest: (Signature of authorized representative)
(Seal): (Printed name and title)
® 1994 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASTiINGTON, D.C. 20006-5292. MA DOCUMENT G707-
CONSENT OF SURETY TO FINAL PAYMENT - 1994 EDITION - AIA® - WARNING: Unlicensed photocopying violates U.S. copyright laws and will
subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in
accordance with your license without violation until the date of expiration as noted below. User Document:g707mast.aia— 1/7/2003.AIA License
Number 1113723,which expires on 10/31/2003.
Electronic Format G707.1994
1
CAO
Bond No.
CONSENT OF SURETY TO REDUCTION IN OWNER n
OR PARTIAL RELEASE OF RETAINAGE ARCHITECT
AIA DOCUMENT G707A -ELECTRONIC FORMAT CONTRACTOR
SURETY n
OTHER
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA
DOCI IMENT 0401
TO OWNER: ARCHITECT'S PROJECT NO.:
(Name and address)
CONTRACT FOR:
PROJECT:
Name and address) CONTRACT DATED:
In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the
(Insert name and address of Surety)
,SURETY,
on bond of
(Insert name and address of Contractor)
, CONTRACTOR,
hereby approves the reduction in or partial release of retainage to the Contractor as follows:
The Surety agrees that such reduction in or partial release of retainage to the Contractor shall not relieve the Surety of any of its
obligations to
(Insert name and address of Owner)
, OWNER,
as set forth in said Surety's bond.
IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date:
(Insert in writing the month followed by the numeric date and year.)
(Surety)
Attest: (Signature of authorized representative)
(Seal); (Printed name and title)
O 1994 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEWYORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT G707A -
CONSENT OF SURETY TO REDUCTION IN OR PARTIAL RELEASE OF RETAINAGE - 1994 EDITION - AIA® - WARNING: Unlicensed photocopying
violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the
AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document:
g707amst.aia--1/7/2003.AIA License Number 1113723,which expires on 10/31/2003.
• Electronic Format G707A-1994
1
Y 1
EXHIBIT K: CHANGE ORDER
Change Order Form
Contract#: Change*: PurchaseOrder3: Project#.
Co ntractorlFi an Name: Project Name:
Project Manager Name Department:
Criginsl Contr.act/Work Or der Amount Original BCC Approval Dam;Agenda Item#.
Current BCC ARP!Wed Arrount Last BCC Approval Date,Agenda Item#
Current ContaotNY crk Carder„MDU nt SAP Contract Expiration Date(Master)
Dollar Amount ofth:sChangs #lDIV/O! Tota IC hangefrom Original Amount
Revised Contract/Work Order Total S 0.00 n+DIV/0! Change from Current BCC Approved Amount
Cumulative C flanges S 0.00 tODlV/O! Change from CtrrersAmount
Completion Date,Description of the Task(s)Change,and Rationale for the Change
Notice to Proceet OriginalI Last Approved Revised Date
Date Completion Dat Date orrandm vmcrarye
#of Days Added Select Tasks 0 Add newtask(s) 0 Delete tasKs) p Changetask(s) 0Other(see teary
Provide a response to the following;1.)detailed and specific explanationlrationale of the requested changes)to the tasks)and/or
the additional days added(if requested);2.)why this change was not included in the o rigi nal contract:and,3.)describe the impact if
this change is not processed. Attach additional information from the Design Professional and/or Contractor if sscc b d.
Prepared by: Date:
(Project Manager Name and Department)
Acceptance of this Change Order shall corattu a mcdifeation to contract/work order identified above and will be subject to all the same
terms and conditions as contained in the contract I work order indicated above,as fully as if the same were stated in this acceptance. The
adjustment,if any,to the Contract s fail constitute a full and final settlement of any and altclayms of the Contractor/Vendor/Consultant/
Design Professional arising out of or related to the change set forth herein,including claims for impact and d lay const.
Accepted by: Date:
(Contractor/Vendor/Consultant/Design Profess Tonal and Name of Finn,if projectappiicable)
Approved by: Date:
(Design Professional and Name of Firm,if project a,plicable)
Approved by: Dale:
(Procurement Professional
'-T .71.'3 313:Y132 £'7' `r3: 17,J)2=7r fi '3a33
rte sed1Q&Y 3r1-
67IP a «e
SECOND AMENDMENT TO AGREEMENT#17-7198
EXHIBIT L: FINAL PAYMENT CHECKLIST
Bid No.: Project No.: Date: 20
Contractor:
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner(attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted(list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable,indicate by N/A. If NO is checked for any of the above,attach explanation.
Acknowledgments:
By Contractor: (Company Name)
(Signature)
(Typed Name&Title)
By Design
Professional: (Firm Name)
(Signature)
(Typed Name&Title)
By Owner: (Department Name)
(Signature)
(Name&Title)
68IPa ,
SECOND AMENDMENT TO AGREEMENT#17-7198
e