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Agenda 11/10/2020 Item #11D (5th Amendment to Contract #17-7198 - Sports Complex & Event Center)
11/10/2020 EXECUTIVE SUMMARY Recommendation to approve the Fifth Amendment to Agreement No. 17-7198 for Construction Management at Risk ("CMAR") contract Phase 2.0 Tab 5 - Guaranteed Maximum Price ("GMP") No. 4 Clearing and Grubbing Work Package to Manhattan Construction (Florida), Inc., for the next phase of the Sports Complex and Events Center ("SCEC") in the amount of $1,758,600. OBJECTIVE: To continue the construction of the Board approved SCEC through a planned amendment to the existing CMAR contract to incorporate the next construction phase. CONSIDERATION: On February 13, 2018 (Item 16.D.21) the County entered into Agreement No. 17- 7108 (the "Agreement") with Manhattan Construction (Florida), Inc. for CMAR services for all preconstruction phases for the Collier County Sports and Special Events Complex. The process contemplated using individual contract amendments for each subsequent GMP construction phase. Each subsequent phase clearly identifies the terms and conditions specific to that phase including the fees charged by the construction manager, and overall GMP cost. This phased approach allows the County to accelerate the project and carefully manage the project within the budget parameters adopted by the Board. It also maintains strict controls over the relationship between the owner, construction manager, and design team. The CMAR process continues to be the most transparent and effective way to manage a complex multi- phase project of this size and scope. In this process, the contractor participates in design meetings and identifies high value items that need to be scope managed and features that the design professional desires but may be unaffordable to the project budget. More importantly, the CMAR approach is an "open book" delivery system where the owner (the County) sees all transactions and pays only the actual costs paid by the construction manager. Additionally, the construction manager provides a guaranteed maximum price for the job. In this project, both the hard construction costs and soft costs are capped independently within the GMP. The contractor has the flexibility within each cap to adjust values but may not transfer funds between hard costs and soft costs. On September 25, 2018 (Agenda Item 11.13), the County entered into the First Amendment to the Agreement with Manhattan for work for Phase 0 that included the preparatory work required in anticipation of Phase 1 where the infrastructure and fields will be installed on the City Gate parcel owned by the County. Phase 0 included the preponderance of land clearing, full lake excavation, a construction access road, and preliminary drainage work. On March 26, 2019 (Agenda Item II.C), the County entered into the Second Amendment to the Agreement with Manhattan for work for Phase IA. This completed phase is open to the public and includes the primary underground utility work on the City Gate parcel, provides 5 fields (4 turf, 1 grass), maintenance building, welcome center, market, ticket booth and restrooms. This phase also completes City Gate Boulevard South, main entrance improvements on City Gate Boulevard North, and parking for this phase. On October 22, 2019 (Agenda Item 16.D9), the County entered into the Third Amendment to the Agreement with Manhattan to revise and correct the Construction Manager's Standard Rates in Exhibit "G" to the CMAR and to direct that the then current invoices reflecting work in the categories included in the revised Construction Manager's Standard Rate Sheet be reimbursed, as appropriate, for services provided. On December 10, 2019 (Agenda Item 11.1)), the County entered into the Fourth Amendment to the Packet Pg. 367 11/10/2020 Agreement with Manhattan for work for Phase 113. That phase consists of the Stadium and Great Lawn. The Great Lawn was completed ahead of schedule and is open to the public. Amenities include the Cove with a food truck pavilion and bar, the Factory that consists of a MoveStrong workout area, National Fitness Court, open air classroom, open air weight room, lake trail, yoga area, climbing wall, teqball, volleyball and boccie courts. The championship field is scheduled to be completed in December 2020 and the Stadium will be completed in January 2021. The attached Fifth Amendment to the Agreement with Manhattan begins work on a portion of the Collier County 305-acre parcel (CC305) dedicated to the SCEC. This phase initiates the clearing, grubbing, and construction fencing of approximately 110 acres of the entire remaining complex including the extension of City Gate Boulevard North. This phase is being initiated one month ahead of schedule to try and recapture time and take advantage of dry season. Staff will bring Phase 2.1 in December adding the lakes, road, infrastructure, and five fields. These phases will satisfy the requirements in the City Gate DCA and purchase agreement to assume a portion of the water management and allow the Uline project to move forward. FISCAL IMPACT: Sufficient budget exists in project No. 50156 (Sports Complex), within funds (370) and (758). This phase will begin to recapture funds from the appropriate road impact fee fund for the road extension and costs associated with access into the government operations business park. Construction of facilities at the Amateur Sports Complex will be paid from $65.45 million in bond proceeds, which were deposited into the Sports Complex Capital Fund (370) on or about October 24, 2018. The sale of these bonds was sized around a $3,750,000 debt service limit imposed by the Board during deliberations on Ordinance 2017-35 which provided for an additional 1% Tourist Development Tax (TDT) and related Tourist Development Plan. The remaining dollars generated from the 1% increase in the TDT tax, will pursuant to the plan, dedicate additional dollars to beach re -nourishment and maintain funding levels for destination marketing and County owned and operated museums. The General Fund is responsible for funding Sports Complex land acquisition under the concept that the facilities will be enjoyed by Collier County residents as well as for tournament caliber sports events. In the event of any funding gap which may exist as facilities are constructed and funds drawn down, the Board will be briefed, and options provided to close any funding shortfall. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: That the Board approve the attached Fifth Amendment to Agreement No.17- 7198 for Construction Management at Risk (CMAR) contract Phase 2.0 Tab5 - Guaranteed Maximum Price No. 5 Clearing and Grubbing Work Package to Manhattan Construction for the next phase of the Sports Complex and Events Center in the amount of $1,758,600. Prepared by: Nick Casalanguida, Deputy County Manager Margaret A. Bishop, P.E., Principal Project Manager, Facilities Management Division ATTACHMENT(S) 1. 17-7198 5th Amendment (PDF) 2. 17-7198ManhattanAmend#4 FullyExecuted 20201027175317.829_X (PDF) Packet Pg. 368 11/10/2020 3. 17-7198 Amend#3 ManhattanConstruction FullyExec (PDF) 4. 17-7198 Manhattan Construction Amendment #2_FullyExec (PDF) 5. 17-7198 Amend#1_ FullExec (PDF) 6. 17-7198 Manhattan Contract (PDF) 7. FOR Recommendation Letter (PDF) Packet Pg. 369 11.D 11/10/2020 COLLIER COUNTY Board of County Commissioners Item Number: 11.D Doe ID: 14070 Item Summary: Recommendation to approve the Fifth Amendment to Agreement No. 17-7198 for Construction Management at Risk ("CMAR") contract Phase 2.0 Tab 5 - Guaranteed Maximum Price ("GMP") No. 4 Clearing and Grubbing Work Package to Manhattan Construction (Florida), Inc., for the next phase of the Sports Complex and Events Center ("SCEC") in the amount of $1,758,600. (Nick Casalanguida, Deputy County Manager) Meeting Date: 11/10/2020 Prepared by: Title: Project Manager, Senior — Facilities Management Name: Margaret Bishop 11/03/2020 1:28 PM Submitted by: Title: Director - Facilities Management — Facilities Management Name: Damon Grant 11/03/2020 1:28 PM Approved By: Review: Facilities Management Office of Management and Budget Procurement Services Procurement Services County Attorney's Office County Attorney's Office Budget and Management Office County Manager's Office Board of County Commissioners Michael Cox Director - Facilities Michael Cox Level 3 OMB Gatekeeper Review Opal Vann Level 1 Purchasing Gatekeeper Sandra Herrera Additional Reviewer Scott Teach Level 2 Attorney Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Mark Isackson Additional Reviewer Leo E. Ochs Level 4 County Manager Review MaryJo Brock Meeting Pending Skipped 11/03/2020 3:55 PM Skipped 11/03/2020 3:56 PM Completed 11/03/2020 1:33 PM Completed 11/03/2020 2:12 PM Completed 11/03/2020 2:47 PM Completed 11/03/2020 3:29 PM Completed 11/04/2020 8:49 AM Completed 11/04/2020 11:49 AM 11/10/2020 9:00 AM Packet Pg. 370 11.D.1 FIFTH 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: November 10, 2020 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: 1 (P a g e F=H AMENDMENT To AGREEMENT 9 17-7198 Davidson Engineering, Inc. 4365 Radio Road #201 Naples, Florida 34104 Packet Pg. 371 11.D.1 THIS FIFTH AMENDMENT, is made and entered into as of this day of November, 2020 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 XLE., 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 the First Amendment to the Agreement for Phase 0 GMP#001 Lake Excavation, Clearing & Grubbing services for the Collier County Sports Complex; and WHEREAS, on March 26, 2019, the Parties entered into the Second Amendment to the Agreement for Phase IA GMP#02 Horizontal and Vertical Work Package for the Collier County Sports Complex; and WHEREAS, on October 22, 2019, the Parties entered into the Third Amendment to the Agreement to revise and correct the Construction Manager's Standard rates set forth in Exhibit "G" to the Agreement; and WHEREAS, on December 10, 2019, the Parties entered into the Fourth Amendment to the Agreement to incorporate and approve the Phase 1 B — GMP#03 — Horizontal and Vertical Work Package; and WHEREAS, the Parties wish to amend the Agreement to incorporate the attached Phase 2.0 Tab 5 Clear and Grub deliverables, 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 and timely performance of the construction of this phase of the project, as reflected in the attachment designated as Exhibit 1 to this Fifth Amendment to the Agreement. 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, including overhead, General Liability Insurances and Bonds, for work or services performed during the Phase 2.0 Tab 5 Clear and Grub deliverables is the amount of $96,079. 2. COST OF THE WORK. The total cost of Phase 2.0, Tab 5 -- GMP#04 - Clear and Grub Package, including General Conditions, General Requirements, Costs of Sub -Trades, and Owner Contingencies, is One Million Six Hundred Sixty -Two Thousand Five Hundred Twenty -One 00/100 Dollars ($1,662,521). 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 and attached Exhibit 1, the Construction Manager's Guaranteed Maximum Price for Phase 2.0 Tab 5 Clear and Grub deliverables only, including the Construction Manager's Fee and Cost of the Work is One Million Seven Hundred Fifty -Eight Thousand Six Hundred 00/100 Dollars ($1,758,600). See Exhibit 1, attached. This cost is 11.D.1 for the performance of the Work in accordance with the terms of the Agreement and Exhibit 1, all of which is incorporated herein. 4. CONTRACT TIME. The total time beginning with the Construction Phase 2.0, Tab 5 — GMP#04 - Clear and Grub Package Work Commencement Date to the date of Substantial Completion of the Work is 6 months calendar days ("Contract Time"). 5. AMENDMENT TO CONSTRUCTION PHASE SERVICES ADDITIONAL TERMS AND CONDITIONS. The Construction Phase Services Additional Terms and Conditions hereby incorporates the attached Exhibit 1, Phase 2.0, Tab 5 — Clear and Grub General Summary and Deliverables. 6. Except as amended herein, and as revised and applied through previous amendments, all other terms and conditions of the Agreement, which is incorporated herein by reference, shall remain unchanged. 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, Florida, a political subdivision of the State of Florida Dated: (SEAL) DO BURT L. SAUNDERS, Chairman iesses: CONSTRUCTION MANAGER: Manhattan konstruction (Florida), Inc. Gordon Knapp, (/ V Senior Vice Presi Florida Approved as to Form and Legality: Scott R.Teach Deputy County Attorney 56 Packet Pg. 373 11.D.1 Exhibit l O ti O C N E C N E Q t ++ In co CD ti ti C N t v ca Q Packet Pg. 374 11.D.1 EXECUTIVE SUMMARY November 2, 2020 Mr. Nick Casalanguida Collier County, Deputy Manager 3299 Tamiami Trail East Suite 202 Naples, FL 34112-5746 RE: Phase 2.0 Tab 5 — CCSC and Event Center Clear and Grub Dear Mr. Casalanguida: Manhattan Construction Company is pleased to provide you with the General Summary for the Collier County Sports Complex and Event Center Phase 2.0 Tab 5 Clear and Grub for the Paradise Coast Sports Complex. This deliverable is based upon the 80% Construction Document plans dated September 8, 2020 from Davidson Engineering. Included with this Deliverable are various supporting documents as follows: • General Summary Estimate • General Conditions / General Requirements for Phase 2 Tab 5 Clear and Grub • Exhibit H Construction Manager's Approved Staff Rates • Assumptions / Clarifications and Allowance Log • Schedule • Site Management and Phasing Plan Work Item Total Cost General Conditions: Staff $609,001 General Requirements $160,508 Costs of Sub -Trades $867,077 Contingencies $25,935 CM Fee / Overhead / GL Insurances / Bond $96,079 Total for Phase 2.0 Tab 5 — Clear and Grub: $1,758,600 Collier County Paradise Coast Sports Complex 80% Construction Document Deliverable November 2, 2020 11.D.1 ALLOWANCES Certain elements of the work are not sufficiently defined to either completely quantify or to acquire cost opinions from vendors and therefore allowances are used as reasonable placeholder values in the General Summary. For the CCSC and Event Center Phase 2.0 Tab 5 Clear and Grub project, only two (2) items required the use of an allowance which are listed within the General Summary. They include the following: 1. Bid Package 02A Surveys $15,000 2. Allowance for Sheriff s Office Refurbishment $20,000 3. Allowance for Site Security (Based on 2-months) $20,000 CONTINGENCIES This General Summary includes a 3% Owner's Contingency. SCHEDULE A schedule has been developed by the construction team that will build the project. The General Summary aligns with the 6-month schedule for the Clear and Grub of approximately 110 acres. SITE MANAGEMENT AND PHASING The site management plan is organized in a manner to prevent the closing of the entire park for the portion of work for this project. 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Qccp Q > ww Ow � Osa Ln w LLa Z LA U Z O a Z J 0 Q 0 Z w 0 Z LL O 2 Q V) N Z w F O Z O Z Z `n 0 N g z ¢ o a Cr, O W w J Q O K H o Y 11.D.1 4- 0 rn N O O N O N LL C11 2 X w N W N Q 2 a a Z(��z � - Packet Pg. 382 Builder -Driven Pre -Construction' PARADISE COAST SPORTS COMPLEX Phase 2.0 Tab 5 — Clear and Grub Naples, FL 80% Construction Document Clarifications & Assumptions October 30, 2020 DOCUMENT ACKNOWLEDGEMENT The General Summary is based upon 80-percent Construction Documents based on Manhattan Documents Log attached. GENERAL ITEMS 1. This estimate includes a Construction Schedule that assumes an notice to proceed for clear and grub scope no later than December 1, 2020. This schedule assumes no interruption in flow of construction resulting from funding source delays or the effect of any COVID 19 implications on construction. If these matters affect the schedule, the Schedule and cost will require adjustment. 2. We have excluded any costs for hazardous materials removal or mitigation, or Tiff Fees for contaminated soils. These fees have and will continue to be paid directly by the Owner. 3. A Payment and Performance Bond for Manhattan Construction Company has been included. 4. Manhattan Construction Company will utilize Subcontractor Default Insurance (SDI) Program. Subcontracts and Purchase Orders will be enrolled at a premium rate of (1.50%) of the total subcontract/ purchase order values. 5. This estimate assumes an unencumbered use of the project site, including air -rights, in accordance with the Site Management Plan included herein. This site management plan does include a 6' high temporary construction fence and perimeter erosion control. 6. An Allowance Log is included with this submittal. All allowances in the log are included in the cost summary. 7. 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 H 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 W= Packet Pg. 383 Builder -Driven Pre -Construction percentage of time to Final Completion. Unused hours will be reconciled at Final Completion and the value will be returned to the Owner. 8. 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) Threshold inspection and inspection costs are by the Owner (materials testing is included as an allowance) c) Cost of building permit and inspection fees are not included d) The unloading, stocking, distribution, and installation of Owner FF&E items (e.g.: furniture, wall hangings, point of sale items, etc.) e) 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. f) This estimate does not include the cost of any construction material testing, special inspections and environmental testing or permits. SALES TAXES The estimate includes sales tax. Florida State sales tax on materials and goods is included, in accordance with State Statutes. It is understood that the Owner will perform Sales Tax Savings and will institute a Direct Owner Purchase Plan to recover the Sales Tax Savings on only major material items and the deduct to the GMP will be only for the materials and sales tax with no GMP mark-up change. BP02A SURVEYS 1. Site survey has been included as an allowance, see attached Allowance Log. BP31A EARTHWORK 1. Earthwork includes the clearing and grubbing of approximately 110 acres. We have included a one (1) time mobilization and perimeter silt fence. 2. We have included final dress and dress of the site. W� Packet Pg. 3M Builder -Driven Pre -Construction 3. We have included dust control adjacent to the Phase 1 site for the duration period of six (6) months. 4. We have included two (2) truck wash areas leading onto the site. 5. No unsuitable fill or muck removal or replacement with acceptable material is included within this bid package. 6. Remediation of hazardous materials, contaminated soils, or other unsuitable soils is excluded. 7. We have not included any sod or seeding for erosion control of any kind. BP32F FENCING 1. A temporary fence is included as a 6.0' high chain link fence with top rail around the perimeter of the site. 2. We have included an 8.0' chain link fence trailer compound fence complete with wind screen. *Packet. 385 11.D.1 M Builder -Driven Pre -Construction V- Allowances Allowances listed below are inclusive of labor, materials, equipment, subcontractor overhead and subcontractor fee unless noted as "Material Allowances". Allowances noted as material allowances are inclusive of material delivered jobsite including sales tax as applies to the project. Material allowances do not include waste, labor, subcontractor overhead or subcontractor fee. 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O ti CD +nn •na nnsi»lo�a ti y. � Qti fq� � Z v1 N C, N Q 4 O a at CD V r i :.i Q Packet Pg. 390 I 11.D.1 I z Ajig Q°d 'Ss f ,.,, y apt 3 f2 W U) a) N (d 0� _ N N_ N .n O D O Op 0LD •"' C c m � U U (n 'C D O Coll O J �UU EU� 4± 2 -o c (ca A� o F-- m ti IL CO O � N r� i d •-+ a C � N If II W C N m � Z sQa�4 NO Q -1 1 ((� Packet Pg. 391 0 w E m 00 coIn O 16 O N O N tp N V O a v C O a N C IL N'0 co s �m x(Da a :L' O EU"- O vi U Q) to Q O z a In C z 0 U O 4 O m 7 U O c U to ♦J 'm_O -O O H (4) U LL J C N b9 u N r � m c 3 m 2 0 L c > tO U 0 0 0 0 0 0 0 N N N N \ N W 0 tb 0 N 0 lb 0 O 0 W 0 Lb 0 rn rn rn rn rn rn rn 0 0 0 0 0 0 0 E E E E E E E W Q) N Ql lU tU tll a a a a a a a 0 0 0 0 0 0 0 N O N O N O N O N O N O N O rn rn a, rn m m rn 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N O N O 0 N O N O N O N O C C N N N N N O O O O O O O O O O O O O O O O 0 O O O O 5 a 0 E 0 E 0 a z z W k k k U z z z �^555 a z a a a O ~ O 0 0 U ❑ E F E OJ J J Z W ❑ w ❑ w ❑ w z F ❑ ❑ ❑ w aa3 m- x a a_ z w w to J J Z z z J a w w C Q < 8 0 0 0 U U U .t o 0 0 H N m o N o 0 0 0 U U lJ U U U U Offi�:� 11.D.1 11.D.2 FOURTH 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: December 10, 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 West -view Drive Naples, FL 34104 (239) 643-6000 Florida GCG #1525079 DESIGN PROFESSIONAL: I11'age FOURTH AMENDMENT TO AGREEMENT H 17-7198 Davidson Engineering, Inc. 4365 Radio Road #201 Naples, Florida 34104 m E Q (CA(' Packet Pg. 393 11.D.2 THIS FOURTH AMENDMENT, is made and entered into as of this 1 Oth day of December, 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." W ITNF.SSET11: WHEREAS, on February 13, 2018, Agenda Item 16.D.21, the County entered into an a Agreement with CONSTRUCTION MANAGER for Construction Management at Risk services for E 0 Prcconsh•uction Phase Services for the Collier County Sports Complex (the "Agreement"); and v w WHEREAS, pursuant to Section XLE., Basis of Guaranteed Maximum Price, of the 0 Agreement, the parties agreed to Amend the Agreement to specifically address the future incorporation of U) the Construction Phase Services portion of the project; and c ti 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 X CD N WHEREAS, on March 26, 2019, the Parties entered into a Second Amendment to the OR Agreement for Phase ]A GMP/102 Horizontal and Vertical Work Package for the Collier County Sports ~ Complex; and t• WHEREAS, on October 22, 2019, the Patties entered into a Third Amendment to the N 0 Agrcetnent to revise and correct the Construction Manager's Standard Cates as set forth in Exhibit "G" to c the Agreement; and c N WHEREAS, the Parties wish to amend the Agreement to incorporate the Phase 1B— GMP#03 — 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 K to promote the successful performance of tl)e Construction Phase of the project, as reflected in the U Construction Phase Services Additional Terms and Conditions (attached hereto). M LL NOW, THEREFORE, in considet•ation of the mutual promises and covenants herein contained, it is agreed by the patties as follows: 1. CONSTRUCTION MANAGER'S FEE. The Construction Manager's Fee for work or °' services pern formed during the Costruction of Phase 1B — GMP#03 - Horizontal and Vertical Wot•k a Package in the amount of Six -Hundred Sixty -Eight Thousand One Hundred Ninety 00/100 Dollars a ($668,190). 0 2. COST OF THE WORK. The total cost of Phase I B — GMP#03-1-lorizontal and Vertical c cc Work Package is Eighteen Million Nine Hundred Ninety -Seven Thousand Two Hundred Seventy -Nine 2 00/100 Dollars ($18,997,279). 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 IB — GMP#03 - Horizontal and Vertical Work c Package only, including the Construction Manager's Fee and cost of the Work is Nineteen Million Six Hundred Sixty -Five Thousand Four Hundred Sixty -Nine 00/100 Dollars ($19,665,469.00). See Exhibit E, attached. This cost is for the performance of the Work in accordance with the Contract Documents listed and attached to this Fourth Amendment, which is incorporated herein. a 2 1 P a g e FOURTH AMENDMENT TO AGREEMENT R 17.7198 @CA Packet Pg. 394 11.D.2 4. CONTRACT TIME. The total time beginning with the Construction Phase I — GMPH03 - Horizontal and Vertical Work Package Work Commencement Date to the date of Substantial Completion of the Work is 12 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. 1N 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: Crystal K:,`Kinze; Clerk of Courts 4 � p and Comptlle`i; By: , JAPST Dated: P �% , (SEAL) CONSTRUCTION MANAGER's Witnesses 0. First tness y Stein Type/pri tness i e Se alph Inigiello Jos Type/print witness name 31 P a F c FOURTH AMENDMENT TO AGREEMENT H 17.7198 OWNER: Board of County Commissioners, Collier County, Florid apolitical subdivision of th� to ri a 1 By. C . Wil • m L. McDaniel, Jr., Cliairfi4n CONSTRUCTION MANAGER: ManhattaniConstruction (Flori I"rz 0 :[.Ti1 I: Gordon Knaj)p,__.�; -7- Senior Vice PresidenV Florida i v as t or and egality: tt R. Teach Deputy County Attorney Ine. Packet Pg. 395 11.D.2 Exhibit 1 Construction Phase Services Additional Terms and Conditions N ARTICLE DESCRIPTION PAGE d 0 s a x a► I . THE CONSTRUCTION TEAM AND EXTENT OF AGREEMENT ......................... 8 a E I. I The Construction Team................................................................................................. 8 0 1.2 Extent of Agreement...................................................................................................... !; 1.3 Definitions..................................................................................................................... 9 N a a 2. CONSTRUCTION MANAGER'S SERVICES............................................................ I I) 2.1 General o 2.2 Review of Contract Documents and Field Conditions I p o 2.3 Job -Site Facilities and Weather Protection .......................................... 2.4 Construction Phase........................................................................................................ I I X 3. OWNER'S RESPONSIBILITIES................................................................................. 0 22 w 3.1 Owner's Information......................................................... 22 3.2 Owner's Representative a► 3.3 Design Professional's Agreement ti 3.4 Site Survey And Reports 22 ti 3.5 Approvals And F,asements............................................................................................ N 23 0 3.6 Legal Services ............. 23 0 3.7 Drawings And Specifications 23 N o 3.8 Cost Of Surveys And Reports....................................................................................... N 23 'D 3.9 Project Fault Defects ................................ 24 °) 3.10 Funding.......................................................................................................................... 24 v 3.11 Lines Of Communication d 24 x 3.12 Lines Of Authority 24 W > 3.13 Permitting & Code Inspections..................................................................................... 24 U. 4. PERMITTING AND INSPECTION............................................................................. 24 4.1 Building Permits ................. 24 4.2 Code Inspections a► Q 5 SUBCONTRACTS....................................................................................................... = 25cc 5.1 Definition ................... 25 5.2 Proposals............................................................................................... 25 5.3 Required Subcontractors' Qualifications And Subcontract Conditions ........................ 25 = 5.4 Responsibilities For Acts And Omissions.................................................................... 27 5.5 Subcontracts To Be Provided........................................................................................ 00 27 0) 5.6 Payment to Subcontractors........................................................................................ 27 i 41P,, 1r. FOURTII AMENDMENT TO AGREEMENT N 17-7198 Packet Pg. 396 11.D.2 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.......................................................................................... 28 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).................................................. 29 7.3 GMP Allowance........, 29 7.4 GMP Final Completion........................................................................................... 29 7.5 GMP General Conditions and General Requirements........................................................ 30 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................................................................................................................. 31 10, CHANGE IN THE PROJECT............................................................................................. 33 10.1 Change Orders...................................................................................................................... 33 10.2 Claims For Additional Cost OrTime................................................................................... 34 10.3 Minor Changes In The Project............................................................................................. 34 10.4 Emergencies......................................................................................................................... 35 11. DISCOUNTS AND PENALTIES....................................................................................... 35 11.1 Discounts And Penalties...................................................................................................... 35 12. PAYMENTS TO THE CONSTRUCTION MANAGER .................................................... 35 12.1 Monthly Applications for Payments.................................................................................... 35 12.2 Final Payment...................................................................................................................... 36 12.3 Payments To Subcontractors .......... ....... .... .............. .................. ................. I........................ 37 12.4 Delayed Payments By Owner.............................................................................................. 37 12.5 Payments For Materials And Equipment............................................................................. 38 12.6 Withholding Payments To Subcontractors........................................................................... 38 5111avc FOURTH AMENDMENT TO AGREEMENT N 17-7198 Packet Pg. 397 11.D.2 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................................................................................................................. 41 13.4 Other Insurance Terms.......................................................................................................... 41 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 ByOwner 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..................................................................... 45 16.3 Venue..................................................................................................................................... 45 16.4 Remedy for Delay .................................................................................................................. 45 16.5 Waiver of Consequential Damages........................................................................................ 45 17, MISCELLANEOUS 46 17.1 Harmony................................................................................................................................ 46 17.2 Apprentices............................................................................................................................. 46 17.3 Applications for Payment 17.4 ....................................................................................................... Construction Manager's Project Records................................................................................. 46 46 17.5 Minority Participation 17.6 ............................................................................................................ Construction Managers Payment Rights 46 17.7 ................................................................................ Public Entity Crime Information Statement............................................................................ 46 46 17.8 Unauthorized Aliens................................................................................................................ 46 17.9 Electronic Mail Capabilities 17.10 .................................................................................................... Captions and Section Headings 47 17.11 ............................................................................................... Agreement Preparation 47 ........................................................................................................... 47 17.12 Third Party Beneficiaries........................................................................................................ 48 17.13 Definition of «day„ 17.14 ................................................................................................................. Statutory Disclosures 48 ................................................................................... 48 61PaV,.e FOURTH AMENDMENT TO ACRECMRNT N 17.7198 Packet Pg. 398 11.D.2 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 C 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 7 1 P a g e FOURTH AMENDMENT TO AORGEMENT N 17.1198 CqU Packet Pg. 399 11.D.2 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 Consn•uction 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 COnSULICtion 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 Seeetil Fourth Amendment to Contract No. 17-7198, "Agreement for Construction Manager at Risk Preconstruction Phase Services Collier County Spoils 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 IBA — GMP#032 -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. "Phis Amendment supersedes any prior negotiations or representations with respect to the COnStrUetion Phase Services for this project, with respect to Phase IBA-GMP#032- Horizontal and Vertical Work Package, and for subsequent phases of the Project, subject to further amendments by the Parties, When drawings, specifications and other desw•iptive 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 (I) reproducible set of drawings; (iii) obtain specifications and other documents upon which the GMP is based fi•om 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 Stnninaiy Secfion Two: GAIP Clarifications and Asstrrn lions Section Three: General Conditions Budgel L+slimafe Section Four; Allowances (if required) S 1 P a g e FOURTH ANIAM)mENi TO AGREEMENT H 17.1199 040 Packet Pg. 4 0771 11.D.2 Section Five, GMP Aggregate Bid Tabulations (to be provided wthin 10 Business Davs) Section Six: Preliminar 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 (i 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 pant 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 Orderto 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 a Sports Complex, Naples, Florida, 34117, necessary to build tine various phased component parts of °' E the Project. Q 9 1 P a g e FOURTH AMENDMENT TO AGREEMENT 0 17.7198 Packet Pg. 4 1771 11.D.2 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 Procced, 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 otall 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) "file Construction Manager is not required to ascertain that the Contract Documents are in cc accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful s orders of public authorities, but the Construction Manager shall promptly report to the Design a Professional any nonconformity discovered by the Construction Manager. 2 00 CD (4) If the Construction Manager believes that additional cost or time is involved because of i clarifications or instructions the Design Professional issues in response to Construction ti Manager's notices or requests for information pursuant to Sections 2.2(2) or 2.2(3), the y.; Construction Manager shall notify the Owner and Design Professional. if the Construction m Manager performs the obligations of Sections 2.2(2) and/or 2.2(3), the Construction Manager E 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 Q measurements or conditions and the Contract Documents, or for nonconfortnitics of the 10Ill a R c POU0.TI1 AMENDMENT TO AQRGEAIEM' p 17J 198 Packet Pg. 4 2 11.D.2 Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. 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, lie 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. 2A Construction Phase (1) Construction Managar'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 Authorih, - The Construction Manager shall establish and maintain lines of authority ti 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. E Construction Manager shall have full authority and responsibility to administer the Subcontractors and suppliers working under its tier. Q ulr,6e FOURTH AMENDMENT TO AGREEMENT k 17,7198 Packet Pg. 403 11.D.2 (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 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. Tile schedule shall include all phases of the construction work, material supplies, long feast -lead 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 COnstl'nction Team and at least once each week with the subcontractors and the Design Professional's Field Representative, or morc 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: 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. 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 12 1 P a g c FOURTH ANIENDMENT TO AGREEMENT M 174198 m E a Packet Pg. 404 11.D.2 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 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 d shall conduct a pre -award conference with the awarded bidder at the receipt of Q 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 C subcontractor qualification information required pursuant to Article 5.3.2, Subjects 2 covered may include schedule, manufacturers used in bidding the work, manpower, 00 supervisory personnel, value engineering suggestions, etc. Within forty-eight (48) hours of ti the pre -award conference, the Construction Manager shall decide whether to accept or ti 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 s 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. 'fhe a GMP approved in this contract will reflect that the parties agree with the selection of subcontractors. 13 1 P a g e FOURTH AMENDMENT TO AGREEMENT N 17.7198 Packet Pg. 4 57 11.D.2 (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. Consu'uction 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; m 1. Maintain a log of daily activities, including manpower records, weather, delays, major s decisions, etc. 0 Q 2. Maintain a roster of companies on the Project with names and telephone numbers of key personnel. 141Page POURT11 AMENDMENTTo AGREEMENT H 17-7198 Packet Pg. 4 6 11.D.2 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. S. 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. 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. m E Q 1s1P1ga FOURTH AMENDMENT TO AGREEMENT 9 17-7198 Packet Pg. 467 11.D.2 (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 probness 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. 16111itge rOURTII AMENDMENT TO AGREEMENT d 17-7198 m E r, Q Packet Pg. 408 11.D.2 0) 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. (1 1) 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 N 0 - Shop Drawing Submittal/Approval Logs N - Contract Drawings and Specifications with Addenda - Warranties and Guarantees - Cost Proposal Requests d - Payment Request Records LU - Meeting Minutes - Bulletin Quotations U. - Lab Test Reports V - Insurance Certificates and Bonds Contract Changes °D - Purchase Orders a - "As -Built" Marked Prints e - Operating & Maintenance Instruction - Daily Progress Reports - Monthly Progress Reports ee Correspondence Files00 Transmittal Records r' Inspection Reports Bid/Award Information The Project records shall be available at all times upon reasonable request to the Owner m and Design Professional for reference or review and is otherwise subject to the Florida Public Records Act as previously provided in the Agreement. Q FOURTH AMENDMENT TO AGREEMENT A 17.7199 Packet Pg. 409 11.D.2 (12) Owner Occupancy- "file 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," "Stair -Up," "Record Drawing," and "Warranty" requirements specified in paragraphs 2,4(10)g, 2.4(10)h, 214(10)i, 2.4 ( 10)j and 2.4(13) have been completed to the Owner's satisfaction excluding the requirements fora 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) Warrant - Construction Manager warrants, for a period of one (1) year from the issuance of the Celtificate 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 structu►'es 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 181Pagc FOUR'I'II A"I ENDAIENT TO AGREEMENT p 17-7198 m E Q Packet Pg. 4170 11.D.2 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 x acknowledges that Construction Manager has made no geological or environmental tests U 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 U. Agreement and further warrants that no adverse subsurface conditions are known to Owner qq that will materially impede Construction Manager's performance larder 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 E 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. s CONSTRUCTION MANAGER EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OR GUARANTIES 00 CONCERNING SOIL, SUB -SOIL AND/OR SUBSURFACE CONDITIONS r' ON THE PROPERTY AND EXISTING IMPROVEMENTS THEREON, ti INCLUDING ANY AND ALL WARRANTIES OF HABITABILITY OR MERCHANTABILITY. Owner expressly assumes all risk of any and all losses, _ m delays, claims, and/or damages, in whole or in part, to the land and projects due to, because E of, caused by, arising out of, and/or related to soil, sub -soil, or subsurface conditions, 0 whether or not any such adverse conditions could have been discovered prior to any type Q 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 ►9111a ge FOURTII AMENDMENT TO AGREEMENT H 17-7199 Packet Pg. 411 11.D.2 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 conti-my, 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 Du'ect 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. E s (d) Any and all administrative costs incurred by the Collstl'UCtiOn Manager to administer the purchase in the name of the Owner shall be considered to be included in the Q GMP. No addition shall be added to the contract amount because of the service provided 201Page FOURTH AMENDMENT TO AGREEMENT 1! 11-1193 (".Mtl Packet Pg. 412 11.D.2 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). 0) Concurrently with issuance of each purchase order for material/equipment, the Construction Manager shall issue a corresponding deductive Change Orders) 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. (►n) Title to any materials/equipment purchased pursuant to the terms hereof shall vest in the Owner upon receipt fro►n a vendor. Owner shall beat, risk of loss for any materials 2t1Pagc FOURTH AWNDMENT TO AGREEMENT B 17-7198 m E s Q Packet Pg. 413 11.D.2 purchased pursuant to the terms hereof commencing upon delive►y 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 necessa►y, 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 partnersh ip 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 fill, 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 1S 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. O,vvner shall render decisions promptly and furnish information expeditiously. 3.3 Design Professional's Agreement - The Owner shall retain a Design Professional for design and 00 CD construction document preparation for the Project. The Design Professional's services, duties and ti 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 c and the Design Professional shall not be modified without written notification to the Construction m Manager, E 3.4 Site Survey and_Re orts - The Owner shall furnish for the site of the Project all surveys describing Q the physical characteristics, soil reports, and subsurface investigations, legal limitations, utility locations, and a legal description. 221Page FOURTH ANWNUNL'NT 9'0 AGREEMENT U I7-7198 Packet Pg. 414 11.D.2 3.5 ApI ovals 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; I . (Scope 2 01) — CGBN Streetscape Site Enhancement Plan — Sent via email oil 10/30/2019 2, (Scope 2.02) — City Gate Commerce Park Track RL — Issued 10/09/2019 3. (Scope 2.03)`Ci Gate Commerce Park Buffer Planting, Plan -- Issued 10/09/2019 4. (Scope 2.04) — Davidson En ing eering_SDPI & Constr_uction Plans — Issued 10/09/2019 5. Davidson Engineering Technical Specifications — lssued 10/09/2019 6. Stadium Construction Bid Plans & Specifications — Issued 10/09/2019 7. Addendum 1 — Food Service Equipment Plans & Specifications — Issued 10/21/2019 8. Addendum 2 — Food Truck & Fitness Pavilion Plans & Specifications — Issued 10/24/2019 9. Addendum 3 —Stadium Construction Plan Update —Issued I Q/24/2019 10. Addendum 1 — Site Details Update and Fitness Equipment Specifications issued 10/28/2019 1 I . Bid RFI's -- Reference Document Log 12. Soil BoringReport—Issued 3/l/2019 1,p tin caf ity-[gate Bettlev�trd het th S eeifi.,atie,,s t for , e--C41y-Fate--Bout 1.t a ort Lift Stab. in C Impt-a tf@nient's N 3;—S3@61fiGftti s a d Exhibits Gity-o ate—B.-o'c. levard No t12 E jmpi Q r-oN ents4tout-STA 41oved RigM of Way ' 1 orth Right of a—y-Iniptovements = 57—Ap arts Gomple*-and-Lents-C ntev Nori.,ontai ComtTuetion 00 aM 6. St�Civil, Playing Fields,and r „a r }g-Ri"emo-and ti , rspf'Ei�Eftti@nS � 3.8 Cost of Surveys & Reports - The services, information, surveys and reports required by the above m paragraphs shall be furnished with reasonable promptness in accordance with the approved E schedule at the Owner's expense, and the Construction Manager shall be entitled to rely upon the accuracy and completeness thereof. Q 231P a gc POURTEi Ab1ENDNIEW TO AGREE•NIMIT 9 17-7198 \ g Packet Pg. 415 11.D.2 3.9 Proiect 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 Fundin — 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 - Tile Owner and Design Professional shall coil) municate 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 pe►•sonnel and shall provide this definition to the Construction Manager and all other affected parties, 3.13 Permitting &Code Ins ections - 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 I'crmits - 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 fi•onn the Permitting Authority prior to beginning construction. 4.2 Code _Ii sveetions - 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 00 a 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. m E s All inspections shall be made for conformance with the applicable building codes, compliance with 0 drawings and specifications, and quality. Q 241Page FOURTH AMENDMENT TO AGREEMENT N 17.7199 Packet Pg. 416 11.D.2 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 Pr9posals - 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 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 Q Subcontractors unable to supply this bonding, Construction Manager may request special authorization from Owner to do so. Upon providing justifiable background information, such 25111 a g e FOURTH AMENDMENT TO AGREEMENT N 17-1198 `l Packet Pg. 417 11.D.2 authorization shall not be withheld unreasonably. Construction Manager has included in the GMI' 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 V00,000.00, 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. `fhe 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 trust 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 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 rive years. The Subcontractor shall include a resume of•experience for each employee identified by liim to supervise and schedule its work. (5) All subcontracts shall provide: 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 contact 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 00 CD 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. m b. Each subcontract shall require that any claims by Subcontractor for delay or additional cost s 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 Q with the conditions for giving notice and submitting claims shall result in the waiver of such claims. 261Page FOURTH iM(ENUMGNI' 70 A(iREEMC:NI' M 17.7198 (0';� Packet Pg. 418 11.D.2 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 Pavment 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. 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 6A, 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 DelayIn n Substantial Completion - Construction Manager shall pay Owner the sum of Two ti 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 I ikely to be E 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 a 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 27111 1 g c FOURTH AMENDMENT TO AGREEMENT k 17-7198 Packet Pg. 419 11.D.2 when Construction Manager overcomes the delay in achieving Substantial Completion, or any pall 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 Managers 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, COnStruetiOn Manager shall pay Owner the sum of Threc Hundred Dollars ($300.00) per day for each and every calendar clay 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 clue 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, 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 - "file 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 00 ti 7.1 When the Design Development Documents are sufficiently complete to establish the scope of work ti 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 ofthis Agreement, m which is to be used only as a guide in developing the specifications and plan data necessary to E 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 it Q Guaranteed Maximum Price Proposal, guaranteeing the maximum price to the Owner, for the construction cost of the Work or designated part thereof, SUCK Guaranteed Maximum Price will be 281Page FOURTII AMENDIIRNT TO AGRt:[MCNT M 17-7198 Packet Pg. 4 0771 11.D.2 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 IBA — GMP#032 —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 Contingency will be identified as a litre 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 as 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 Construction Mana eg r may move funds within the schedule of ~ construction values achieved from buy savings with subcontractors, reductions, and changes in the proiect. The Construction Manager shall notify the Owner in advance to explain the changes and E seek approval by the Owner, The Construction Manager will itemize any savings and report these to the Owner monthly and reconcile the actual expenditures prior to Final Payment. The GMP for conshruetiott is the sole basis for the Construction Manager's Fee. The final Construction Manager's a Fee will be reconciled at Final Completion based on the actual price paid for construction including approved Change Orders. 291 P a g c FOURTH AMENDMEN'r TO AGREEMENT N 17-7198 Packet Pg. 4 1771 11.D.2 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. ARTICLE 8 CONSTRUCTION MANAGER'S FEE 8, I In consideration of (he performance of the contact, 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 Constuc(ion 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 TH(-EE AND 0KE44A-6F-I-1VA1GItW FOUR (4_033%) of the Cost of the work and services for the Construction Phase 1BA - GMP#032 - 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 const'uction 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 s 9.1 Definition -The term "Cost of the Work" shall mean costs necessarily incurred in the Project during 2 the Construction Phase for Construction services and paid by the Construction Manager which are 00 r' 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 Q 9. Such payment shall be in addition to the Construction Manager's fees stipulated in Article 8. FOU10II AMENDMENT TO AGRr:GMENT N 17,7198 Packet Pg. 4 2 11.D.2 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 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 orsimilar 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 worlunanship 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, ti expressage, postage, and similar petty cash items in connection with the Project to be billed at r• cost. m (9) Costs for trash and debris control and removal from the site. E (10) Cost incurred due to an emergency affecting the safety of persons and property. Q 3I1Pagc _ FOURTII AAIENUMF.NT TO AGREEMENT N 17.719E Packet Pg. 423 11.D.2 (I I) 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 COnStt'ttetiOn 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 Consh'uction Manager's Fees as set forth in Article 8, if within the GMP Proposal (see, Exhibit E). (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. (I 7) 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 ( ) `° 6 p b g a y (ication CAUD for record 2 drawings. Upon completion of the work, the Construction Manager shall obtain two (2) sets00 of disk files fi•om the Design Professional and record to scale all conditions. The disk shall be i 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, _ m E s (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 Q 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 321P a p e FOURTH ANIENOMEN7" 10 AGREEMENT a 17-7198 ~�l� Packet Pg. 424 11.D.2 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. 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 00 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 E 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 Q supporting data of the increase in the Cost of the Work as outlined in Article 9. The amount of 331Pagr FOURTH ANIF.NDWNT TO AGREEMENT 8 17.7198 Packet Pg. 4 57 11.D.2 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 fi•om 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 A►licle 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. l f 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 (lie 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 not, 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 = m adjustment in the Guaranteed Maximum Price or an extension of the Construction Completion Date E and not inconsistent with the intent of the Drawings and Specifications, Such changes shall be 0 effected by written order. Documentation of changes shall be determined by the Construction Team Q and displayed in monthly repo►ling. Changes shall be approved by Owner's Representative and Design Professional, 341PitvC FOURTH AMENDMENT TO AGREEMENT 4 17-7198 Packet Pg. 426 11.D.2 10A 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 II DISCOUNTS AND PENALTIES 11.1 All discounts for prompt payment shall accrue to the Owner to the extent the Cost of the Work is paid directly by the Owner. 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 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 Months 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 c Work. °' E Each Application for Payment, subsequent to the first pay application, shall be accompanied by a 0 Release and Affidavit, in tlue form attached as Exhibit H, acknowledging Contractor's receipt of Q 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 35�4'abe (/ FOURTH AMENDMENT TO AOREIMINT B 17-7198 Packet Pg. 427 11.D.2 Owner and in Owner's sole discretion, Contactor 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 Contactor. 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 Contact 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 Contactor, 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 or for labor, materials or equipment, if Contactor has been paid; (d) reasonable doubt that the Work can be completed 1101- the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (1) unsatisfactory prosecution of the Work by the Contactor; or (g) any other material breach of the Contract Documents by Contractor. [rally conditions described in 12.1. are not remedied or removed or if Contactor fails to commence remedying or removing same after seven (7) days written notice, Owner tray 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 Contactor 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 Contactor 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 Contactor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements ofthe Contact 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 Contactor hereunder or to the recovery of dannages 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 c a written certificate that the project has been constvcted in accordance with the approved plans, E E specifications, and approved change orders and until the Owner's Representative has accepted the Project. 0 Q 361PiiRe FOURTIi AMENDMENT TO AGREEMENT 8 17.7198 Packet Pg. 4 8771 11.D.2 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, materiahnen, 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 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 U. 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 c based on Construction Manager's evaluation of the Subcontractor's acceptable performance, the E Owner may approve a reduction in retainage for payments thereafter. If there should remain items Q to be completed, the Construction Manager and Design Professional shall list those items required a 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 c listed separately and the estimated cost of completing any unfinished items likewise listed cc separately. Thereafter, the Construction Manager shall pay to the Subcontractors, monthly, the 00 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. E r, 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 Q for Work performed under this Agreement, Contractor shall continue to perform the Work required 3711' a F e FOURTH AMENDMENT TO AGREEMENT M 17.7198 Packet Pg. 429 11.D.2 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 Euipnient - 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. ARTICLE 13 INSURANCE, INDEMNITY AND WAIVER Or SUBROGATION 13.1 Indemnity - To the maximum extent permitted by Florida law, the Construction Manager shall indemnify, defend, and hold harmless Collie►' 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 Ware attributable to bodily ill 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 front the duty to indemnify, and the duly to defend exists regardless of any ultimate liability of the Construction Manager, Owner and any indemnified party, Construction Manager's obligation to Indellmiry 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 terminaton. The parties agree and acknowledge that all of the indemnification obligations throughout theft Contract Documents and this paragraph are intended to comply with Florida law on indemnity, and d to be interpreted in such a way as to be enforceable to the full extent allowed by I'lorida law. If any E word orclause in this section or any indemnification obligation throughout the Contact Documents Q 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 s 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, � pa►lners, employees, agents, consultants, subcontractors arising out of. (A) The preparation or approval of, or the failure to prepare or approve traps, Drawings, Specifications, opinions, reports, surveys, designs, Change Orders; or (B) Giving directions or instructions, or failing to give them, 4i if that is a cause of an injury or damage. E 13.2 Construction Manager's Insurance ( I) During the term of this Agreement the Construction Manager shall provide, pay for, and Q maintain, with companies satisfactory to the Owner, the types of insurance described herein. 381Pare FOUR TII AMENDMENT TO AGREEMENT 11 17-7199 Packet Pg. 430 11.D.2 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 property 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 redaction 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 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(t) 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. (e) 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 Z self-insurance program carried by the Owner applicable to this Project, and the "Other r' 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 Q Agreement. 391Pabe FOURTH AMENDMENT TO AGREEMENT N 11.7198 Packet Pg. 431 11.D.2 (4) No work shall continence 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 TYPE 1. Worker's Compensation 2. Commercial General Liability Patterned after the Current I.S.O Occurrence Form. 3. Automobile Liability Owned/Non-Ownedfflired Automobile Included. 4. Other Insurance below: a) Professional Liability "Insurance Requirements" REQUIRED LIMITS Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Policy must include Employers' Liability with a limit of $1,000,000 each accident. Bodily injury & Property Damage $2,000,000 Single Limit Per Occurrence $1,000,000 Each Occurrence $1,000,000, if required. (6) Builder's Risk Insurance shall be provided by the Construction Manager and included in the GM proposal (Exhibit E) or may be provided by the Owner, at its sole discretion, prior to the issuance of a Notice to Proceed;--mad-its-wl}ielt-tlie-eest-wv ll-be-Hddfessed-Ni;o igiizl e issuaHee of a-dec�t :de►:, (7) Construction Manager shall carry professional liability insurance in an amount not less than $1,000.000, but only if the Contract Documents require Const-uction 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) "flne "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 401rage FOURTII AMENDMENT TO AOREPMGNT N 17.7199 m E s Q Packet Pg. 432 11.D.2 (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. (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 this 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. Thisovision is not applicable should the Owner choose to �r�ovide insurance. 13.5 Waiver of Subro lad_ tion (I) 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 00 provided under Article 13 to the extent coveted by such insurance, except such rights as they may have to the proceeds of such insurance held by the Owner and Construction Manager as t: trustees. The Construction Manager shall require similar waivers from all subcontractors and their sub -subcontractors. _ m E (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- a subcontractors. 411N,,�r FOURTH AMENDMENT TO AORF.F.MENT N 17-7148 'Ct� Packet Pg. 433 11.D.2 (3) The Owner waives subrogation against the ConStrUetiOn 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. ARTICLE 14 TERMINATION Or THE AGREEMENT AND OWNER'S RIGHT TO PERFORM CONSTRUCTION MANAGER'S OBLIGATIONS 14.1 Termination by the Construction Manama In the event (i) Owner fails to make any undisputed payment to Consh'uction Manager within ten (10) days aller such payment is due or Owner otherwise persistently flails 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 Colist •uction 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 COnStruetlOrl 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, ConSlrnetlOn 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 fi•om Owner. 14.2 Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for = Cause y° s (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 00 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 ti 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 m Construction Phase Fee shall be reduced at the end of the Project (in the Construction E Manager's Final Payment) by the amount required to manage the making good of such deficiencies. 11' the Construction Manager disagrees with the assessment, Construction Manager shall be immediately entitled to pursue a claim against the Owner pursuant to § 16.2 Q below, 4211' a it c FOURTH AMENDMENT TO AGREEMENT H 17-7198 Co'k ) Packet Pg. 434 11.D.2 (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 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, letter, 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 machinety 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 Manage' (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 m (1) If the Owner terminates this Agreement other than pursuant to Article 14.2(2) or Article E 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 Q 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 431P n ge FOURTH AMENDMENT TO AGREEMENT B 17.7198 Packet Pg. 435 11.D.2 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, 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 coin mihnents. (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 I6.1 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 tinder 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 m paragraph, E V (3) After receipt of a Request for Change Order, the Owner, in consultation with the Design Q Professional, shall deliver to the Construction Manager its written determination of the claim. 441Pagv POURTII AMENDM1tENT TO AGREEMENT H 17.7198 Packet Pg. 436 11.D.2 (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 patties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by 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 i . 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 t: 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. E ARTICLE 17 MISCELLANEOUS Q 451P a 1t c (/. FOURTH AMENDMENT TO AGREEMENT ® 17-7198' . r11 el Packet Pg. 437 11.D.2 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 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 Mana-ger'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 its - 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 Stateni-ent - "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 hnmigt_ation 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 E U.S.C. 1324, et se . 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 Q immediately. 461Pa ge. FOURTH AMENDMENT TO AGREEMENT H 1MM Packet Pg. 438 11.D.2 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 (DNS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including 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 E-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-Veri . 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 seMc , 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 Headi► - Captions and section headings used herein are for convenience c only and shall not be used.in construing this Agreement. s 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. Q It is recognized that both parties have substantially contributed to the preparation of this Agreement. 471P a g FOURTH AMENDMENT'ro AOREEMENT N 17.7198 At J Packet Pg. 439 11.D.2 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 Statutoiy Disclosures — (a) ANY CLAIMS FOR CONSTRUCTION DEFECT'S 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. § I I9.0701(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: I . Keep and maintain public records required by the public agency to perform the service. ti 2. Upon request from the public agency's custodian of public records, provide the public ti 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 0 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 Q does not transfer the records to the public agency. 481r a �c FOURTH AMENDMENT TO AGREEMENT H 17.7198 Packet Pg. 440 11.D.2 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 set -vice. 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 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) 491Pa ge POURT11 AMENDMENT TO AGREEMENT N 17.7198 0(1110 Packet Pg. 441 11.D.2 EXHIBIT A CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES I. (honer - Collier County, a political division of the Slate of Florida Nick Casalanguida Collier County, Deputy Manager Nick,( n"Hhl:rq)colliercotmtytl.jVw Tel: (239) 252-8 383 Margaret Bishop, I'.F. Principal Project Manager Margarct.11i 1� ;i„ountytl.gov Facilities Manafentcnt 3335 East Tamiami frail, Suite 101 Naples, Florida 341 12 Tel: (239) 252-8380 Fax: (239) 252-3795 2. Construction Manager- M:Inlmttan Construction (Florida), Inc. Gordon Knapp Senior Vice President - Florida Manhattan Construction (Florida), Inc. 3705-1 Westview Drive Naples, Florida 34104 ;Ii , 011A0111 'I(+ (239) 6113-6000 (office) 'I cl: (239) 675-8333 (cell) David Puls Project Director Manhattan Construction (Florida), Inc, 3705-1 Westview Drive Naples, Florida 34104 1 ,' 1, 1ion,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 n idsnurnin.'tring.olm Tcl: (239) 434-6060 (office) Tel: (239) 877-3480 (cell) Fax: (239) 434-6084 501 P a V '. rOURT11 ANIENDMCNT TO AGREEMLNT N 17-7198 m Q OCNO Packet Pg. 4 2 11.D.2 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 Still a g e FOURTH AMENDMENT TO AGREEMIiNT 9 17-1198 Packet Pg. 443 11.D.2 EXHIBIT C CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ___ DESIGN PROFESS IONAL'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 (lie Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that (lie 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 PROF<ESSIONAL 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 E 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 Q shall be completed on or about days after the preparation of the Punch List. 521P a g e FOURTH AMENDMENT TO AGRGF.RIENT A 17-7198 Packet Pg. 444 11.D.2 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_ By: DESIGN PROFESSIONAL Type Name and Title CONSTRUCTION MANAGER accepts this Certificate of Substantial Completion on 201 By: CONSTRUCITON MANAGER Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 201_ By: 531Pn} e FOURTH AMENDMENT TO AGREEMENT 9 17-7198 OWNER Type Name and Title N d N s a x m a E 0 w 0 a co 0 0 m E s Q Packet Pg. 445 11.D.2 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 Proiect No: 50156, for Collie►' 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: By: Manhattan Construction (Florida), Inc. 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 . sa1P, FOURTH AMENDh1F:NT TO AGREEMENT N 17-7198 Notary Public State of Florida at Large Typed, printed or stamped name of Notary Public My Commission Expires: m E r, Q Packet Pg. 446 11.D.2 EXHIBIT E GMP PROPOSAL. (Following this page) 551Pngc FOURTH AMENDMENT TO AGMEMENT H 17.7198 N m rn s IL x m a E 0 0 a Co m E s Q Packet Pg. 447 11.D.2 4 �t �f r► w a• •r w w• . ••, •• # sw ♦�,••~♦wKw•i i•rr~ • JHTS CUMPLEI JV/'1L. 1 1 1/1VL — . & VERTICA6!ii X E O U r O '7 • • • • • • saw•.a•r.�� • • !Z w O M r+ i • � R s • j OR LO r - r w � r N i O O N �s O N -p I ♦•r•1 d ♦aww ar # • I m W ♦ ti �) LL r I M � • ui �i�tirfi�� w w. s♦ ° - Q I Coiner County Packet Pg. 448 11.D.2 1 1 �'�a 3 u�•�A tom'_ Collier i;c ulity, FL. Collier County Sports Complex Exhibit E - GMP Proposal Phase 1 B - GMP#03 -Horizontal & Vertical Work Package November 26, 2019 Prepared for: Collier County Government Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112-5746 Prepared by: Manhattan Construction 3705-1 Wesiview Drive Naples, Florida 34104 Contact Person at Manhattan: Gordon Knapp, Senior Vice President gknapp@manhattanconstruction.com (239) 643-6000 Manhattan Coder County (;contents 1. GMP Budget Summary 2. GMP Clarifications and Assumptions 3. General Conditions Budget Estimate 4. Allowances 5. Preliminary Construction Schedule 6. Document Rider - List of Contract Documents 7. Site Utilization Plan m E Q �GI Packet Pg. 449 11.D.2 Co ler County N O y R t a x m a E O U O Q Section One - GMPBudget Summary Packet Pg. 450 11.D.2 . NuildRt; ,rR.m, Estimate Dal•dt Febmary 22, 2019 Project Name: COLLIER COUNTY SPORT'S COMPLEX Ifavieed Dab: 1112e11o19 GMP SUMMARY FORPHASE 19 STADIUMAND GREAT LAINN GHp4UHUMY etl r/9 No, tmwolvroM1 M11.1 I07 %.1 T.W camnou MWE 19 GENE RALCONOITIDNS. STAFF _ - - _.... _ $980,110 OENERALREOUWEMENTS f156.457 0.60'A SURVEYS lim. 00 0.16% .. - CONSTRUCTbN 6}IITERULS TESIWO - _ 135,V,n .�� RMIREIIARtFUCEANNMHlCRES1 CONCRETF14 ONRY(FOAN $2553,055 12.08% STRUCTURALSTEEL•METALJOIST=MET CtECK ,>� DECORATNE RNlN40.4.ORNAMEWAL METKS - �� �'�% ------ -� ,- MILLWORK-ARCHtTEC1URPLW000WORK _. - _ - 5101." 051%_ NA_-DAMPPROOFlNG-WATERPRCgFNO._JONIT SEALANTS.____ $159,PK+ = C� WALL D SIDINGPANELS/ROOF SCREENWO_ . _ _ _ MD $101,470 -0.97% _ _._. _. .. $115,1100 tw% •+ I ll.t DOORS I NM FRAMES/WOOD DOORS I HARDNARE b WSTAl1A7 ION 3144,930 0.74% ENTRNICES I STOREIROWSIWINOOW--S IGLASSbOLA21NO 11242A M63% _ OVERHEA, k OIUNG DOORS _ _ __-- $55,07fl D2b% --_ AM DRYWALL b METALFRWG 34OS,57A 207%_ CARPET )VCT INANYLI TIE $116,735 05 - PAVITINGIWALLCOVERWLSS __---. $161,012 Qe2%__ __-_--_- _ DN 106PECNLTIES: 7LT PARTRION i ACCE631 MISC SPECIALTIES ____.. - - _ 16159,024 0.01% Qtt%- �'_t5�_ LOCKERS S2 --8.fQ0 - - _237%._ FOODSERWEEQUmMEN7 . _ ._ _ - &560,441 —_ PROJECTIONSCREENS-AUOI0- SUAL EOUPMEWISCORESOARDS 3935,000 476% GRANDSTANDSPAlWQ_—._ �OT0000 _ l2e% ELEVATORS _d.:L_ FUtE SUPPRESSpN 5147720 _ 0.75%____--_.. __. :",.•jI1 _. PLUMOWO - - _ fool,000 :. HEA_TWC{VENTWGi APCONDRIONWO(FNAC1___.... - -5400,200 204% ELEGTRICALf FlRE AIARM/AVf ACCESS CONTROL/ SECURITY -- SI,9a1,545 9.97%___ _ FIELDISPORY_S UGH_TIN(S_.____._— S5e9B06 EARTHWORK - E�'� 1•�. - MIT PAVWO-SNICK PAVERS _ _- _}13B,2p 0.70% _ SYNTHETIC TURF f SURFACES f1,115,300 _ M70%_ - CIMLINKFENCEbGATES -_11392,814- PLAILTWOS•SOD_•TREES•MUICHbetRKLATION SRE FURNISIONOS(EXERCISEEOUIPMEf7Tl RESIDEN_TIALEGUPMENT(AIt11 _ 10000 _ wo51h- SIGNAGE Si5,wo 0oft 9ublotal 17,841,007 W./M Cross Check Subtotal _ _- 17,UIX2 113UYOUt Bales Tea hta;,i i -1 Ind Above +,�,. ISubconitaclor Default Insurance � 3.9% Ownefs Contingency IIip...... +) Al 0uikefs Rlsk it3r omlci - - BuRdlrl Pemul6 Plen Revknv Fees (H 0—ef)' 21e 857 1-te% Conitlutlion Manager InsurenCea 77-1110-0 a.r4% CM Pa m•nldPedormsnoaBond '--Y-4 eo'A MCF Pro10 A Fee4110 N d (n L a K d Q E O U N O 0. Co O O v a t�•f+ Packet Pg. 451 11.D.2 COI PICY County Section Two - GMP Clarificatioiis and Assumptiop �s Packet Pg. 452 11.D.2 Clarifications & Assumptions Project Name: Collier County Sports Complex — Phase 1 B Location: Naples, Florida Pre -construction Phase: GMP Bid Documents Date: 11 /26/2019 Narrative 2-Story masonry building containing player and referee locker rooms, patron concessions, restrooms, press box, and suites. 3,500 seat aluminum grandstand with synthetic turf field, audio visual effects and video scoreboard. Outdoor fitness and food truck pavilions surrounding "Great Lawn" for added park features and event scheduling. Document Acknowledgement 1. GMP is based upon the documents and specifications as listed below and within the Document Rider (Scope 2.01) — CGBN Streetscape Site Enhancement Plan — Sent via email on 10/30/2019 (Scope 2.02) — City Gate Commerce Park Track RL — Issued 10/09/2019 (Scope 2.03) — City Gate Commerce Park Buffer Planting Plan — Issued 10/09/2019 (Scope 2.04) — Davidson Engineering SDPI & Construction Plans — Issued 10/09/2019 Davidson Engineering Technical Specifications — Issued 10/09/2019 Stadium Construction Bid Plans & Specifications — Issued 10/09/2019 Addendum 1 — Food Service Equipment Plans & Specifications — Issued 10/21/2019 Addendum 2 — Food Truck & Fitness Pavilion Plans & Specifications — Issued 10/24/2019 Addendum 3 — Stadium Construction Plan Update — Issued 10/24/2019 Addendum 1 — Site Details Update and Fitness Equipment Specifications — Issued 10/28/2019 Bid RFI's — Reference Document Log Soil Boring Report — Issued 3/1 /2019 m E s Manhatttcm a 14rifdinp r.irrllrru r 118 OM Packet Pg. 4 3 11.D.2 General 1. Manhattan Construction Florida's proposal is contingent on executing a contract with modifications mutually agreed to by Owner and Manhattan. 2. 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. J. Our Proposal is based on a 12 month Construction Schedule, Substantial Completion will be achieved within 11 months of receipt of both the Building Permits and Notice to Proceed. 4. 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 Pennit and any and all related permits or approvals that may be required for a 100% un-encumbered construction start by Manhattan Construction Company. 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. 5. Manhattan will use the Phoenix Scheduling program for all project scheduling, and we assume that this program will satisfy all project schedule requirements. S. 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. Q 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. m E s n��rr,rrillljQlll'IQttm a I' .t - , 2 18 Packet Pg. 454 11.D.2 1) 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... ) This Work Authorization includes the costs for Manhattan's temporary conditions and general conditions. This time frame is based on the current project schedule. !. 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. a. 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. 10. This project is based on normal working hours. No premium time is included unless specifically noted otherwise elsewhere in our Proposal. 11. We assume unrestricted access to the work sites per the Site Utilization Plan. 12. Independent or police jobsite night time security has not been included. 13. We have included 6V a' high temporary fencing as indicated in the Temp Fencing Plan herein. 14. 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. 15. An allowance log is included with this submittal. All allowances in the log are included in the cost summary. 16. 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. W= m E s Q P;i1,c 318 o Packet Pg. 455 11.D.2 Insurance, Staff Rates and Bonds The Owner has elected to exercise its right to purchase and provide the Builder's Risk coverage for the project. Therefore, certain edits are required to the Contract terms. Delete Articles 13.2.(6), 13.4.(4), and Exhibit E GMP Proposal: Section Two — GMP Clarifications and Assumptions; Insurance, Staff Rates and Bonds Item 1. & Item 3., and replace with the following: Costs for Project Liability Coverage have been included per the amounts specified in the GMP Estimate Summary. A premium rate (which is not subject to audit) of (1.175%) will be applied to the total contract value for this coverage. 2. The Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made. Or until no person or entity other than the Owner has an insurable interest in the property, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub -subcontractors in the Project. 3. Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. 4. If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. 5. This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. 5. Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project, Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. WAIVERS OF SUBROGATION 7. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub- 00 CD subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's ti consultants, separate contractors, if any, and any of their subcontractors, sub -subcontractors, agents r: and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this insurance provision or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. m The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, s separate contractors, if any, and the subcontractors, sub -subcontractors, agents and employees of Manhc ttm a '.t(►) Packet Pg. 456 11.D.2 any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 8. 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 (1.50%) 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. 9. Performance and Payment Bonds for Manhattan and associated costs are included. Division 01 x 1. Costs associated with Energy reviews and Accessibility reviews and inspections are not included. o N ti 2. Sales tax is included on all incorporated material at a rate of (7.00%) M u� 3. We do not include any excavation, removal, undercutting, replacement, handling, or any other costs r• for any "unsuitable soils" for any reason. This includes rock, contaminated materials, hazardous N 0 materials, debris, groundwater, trash, waste, high moisture content, and/or anything other than c "suitable soils" encountered below the existing top surface of the ground. Suitable soils are defined as c existing in a condition ready for immediate re -use as fill material and/or topsoil. All unsuitable soils N 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 x requirements anywhere else within the Bid and/or Contract Documents, such as "Un-Classified Soils" U requirements, etc. u_ 4. We include pumping / de -watering required due to normal rain, snows, etc. We do not include any costs for remediation wells, site de -watering, site pumping, retaining, etc, of springs or any other underground water encountered below the existing ground -surface, etc. This clarification supersedes E any information contained in the Soils Report, etc. Q 5. We do not include any engineering responsibility for design liability for any of the work shown on the Contract Documents, including earth supporting or retaining systems, the Pre -Cast Concrete or Cast = Stone structural support, the structural or miscellaneous steelwork, the structural, exterior / perimeter � metal stud system, etc. We will submit requests for information and/or subcontractor shop drawings o for all such issues for specific direction and/or review, approval, and full acceptance of design liability M by the design architect and/or engineer(s) of record. The Architect and the other design consultants ti 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 E claims based on content of the Contract Documents. Au11dill,q r.0 rHrerr Q k' 58 Ct� Packet Pg. 457 11.D.2 7. We have carried 0 months of temporary trailer office facility. The Sheriff/Caretakers residence is to be used as office facility for the remaining construction Phases. Division 02A - Surveying 1. This scope is inclusive of work relating to only that which lies within the boundary of Phase 1 B utilities. No Surveying for any future work is included within this agreement. 2. We have included as -built data collection tasks on a (1) time basis. Division 03 Concrete 1. Fiber and/or specialty reinforcing (i.e, grade 75, epoxy coated, fiberglass, etc) of any kind has not been included. 2. Rubbed, grout cleaned, smooth and/or architectural finish concrete is not provided. Standard of quality to be established via mock-ups. Division 04 Masonry 1. All masonry walls have been included as CMU (block sizes per plans), no prefinished block is included. Division 05 Steel Metal pan stairs are provided. 2. Miscellaneous steel allowances have been made per the structural documents. 3. We do not include any engineering or design liability for the structural or miscellaneous steelwork; this clarification shall supersede any differing or contradictory requirements anywhere else within the Contract Documents. We will submit requests for information and shop drawings for specific direction and review, approval, and full acceptance of design liability by the design architect and/or engineers of record. Division 07 Waterproofing The 170MPH, three (3) second gust Wind Rider requirement is not included. Division 08 Doors & Glass 1. The door hardware is included as an allowance of $40.000, per specification 012100 Allowances. This budget shall be reconciled upon development of an approved door hardware schedule. Division 09 Finishes aD 1. In circumstances where the Finish Schedule conflicts with Floor Finish Plans and RCPs, the Finish Schedule shall supercede. GA >� I', , 618 Packet Pg. 458 11.D.2 2, The waterproof membrane has been included at the restroom tile floors only. Division 10 Specialties 1. The code required signage is included as an allowance of $15,000. 2. Fire protection cabinets and fire extinguishers are included based provided contract documents. No additional cabinets or extinguishers are included. 3. Manufacturers' and/or Industry standard colors and sizes are included, unless specified otherwise. Custom or special paint colors, finishes, tolerances, sizes, etc. are not included. Division 14 Vertical 1. Owner payment to Manhattan for elevators will be adjusted to reflect the payment terms of the selected elevator subcontractor. This may include required deposits and/or payments to initiate shop drawings, equipment procurement and delivery. 2. Elevator hoist ways, both structural and architectural, may be affected based upon final shop drawings and coordination with the design team. Costs associated with revising structural openings or revising architectural walls and finishes will be evaluated and paid for on a case -by -case basis. Division 21 Fire Sprinkler 1. It is anticipated that the water supply is adequate but to meet the project requirements. 2. Fire protection piping is not painted. 3. All exposed sprinkler piping and fittings are to be galvanized pipe. 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. 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. °' E s Q rrMdo�� �„ u�� . i',i � 718 Packet Pg. 459 11.D.2 Division 32B - Concrete Paving / Stamped Concrete Cost associated with colored concrete mockups 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 / Mnlch / Irrigation 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. 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. m E s Q P;1"6 818 Packet Pg. 4 0771 11.D.2 Co ler County N O y R t a x m a E O U O Q Section Three - General Conditions Budget Estimate E a Packet Pg. 461 rii T"! ji Ur; tip I It J1 C14 (D 0 m a. x 0 0. E 0 to 0. Co I Packet Pg. 462 1 11.D.2 Co Mer County ' N O y R L IL x m a E O U O Q Section Four - Allowances E Colt) Packet Pg. 463 11.D.2 �- Allowances Collier County Sports Complex - Phase 1 B Naples, Florida Construction Documents November 26, 2019 Phase 1 B - Stadium 1.1 Residential Equipment 1.2 Signage 1.3 Videoboard Structure $ 10,000 LS $ 15,000 LS $ 250,000 LS N m s IL x m a E 0 0 a CO 0 ti 0 m E s Q Packet Pg. 464 11.D.2 Comer County N O y R t a x m a E O U O Q Section Five - Preliminary Construction Schedule E i Packet Pg. 465 § ! 2 f . k.. it m ƒ / k �® } 2.0 � ; §; _ ■ U) §` §ƒ In }� m | ƒ $ M j\� { \ f � k . }{;e �|I�.k2 J«*®: fly w �� \)\�2ca\: §mm(1) \§§¥ IS11 }/\- \) If !)mom®mmm«<'mmwmm x k 01. M$ ��m�� �C0 ■ #>=2 §LU a ga o� zv u§ � ]d Packet Pg. 466 11.D.2 o � m E E y b c A � pc U U ar v v ar b .. o � b w « ' rn w ° n v v o al 41 O. C 1I1 'C C J C y (L a � CO > 8 � Ku) U m o w w AT 2 J v x 3 d 2b m y LL U f4 C !n T « u)a n S C - (n II i7 n u) � 1 i ii 0 0 0 0 0 0 Cl 0 0 0 o 0 0 0 0 0 -o o o o c -o N N O o o o o 0 0 0 0 0 0 0 0 0 0 0 0 11. O O o o p O o O O O o 0 0 o O O O O o o O O ��011 N (� `0 O o o o O o o 0 0 o 0 0 N N O N O N O O V O N O V N N O N O O O O O On' v E w cm a, « _ c o m 3 E « « ri in vy� o in in y C � ,�°, a E y a a a a• m (L n LLJ • o« a7 0 8 rn E c ia}Of y ll y D d f0 1� La L Vp1� ° u o E ar C O • • d N m 3 w w a�i i in m ° 9 ? E d 'm 'a F' a m Co iri r'n vi i� 5 2 u ii a w W 0W Z Z0 0 0 0 o pp N r� • 0 0 0 0 0- 0 0 0 0 0 0 0 0 0 0 0 0 N t~ W O aD )or N M t` V !O - 0 0 0- O .- -- .- - o 0 0 0 °1 O N N �" � N N� • rL n' n �N, r r r r r r r n' r r- c r L r' r r w w a • d o d d d v1 cn � ui rn vi d d d d d d d d d odd N m � rn m � rn rn rn rn rn rn m m m m m m a o 0 o --o-o-o 0 N 0 0 0 0 0 0 0 0 0 0 0 000a s'sos'o0o0 N Y N O N N O O O O O ni M 3 fl. E L U w co t Nm L# 0 U 0 i+ O+T U. w awi M V)i o c 16 LU CL ro U OM `c Z� CJ 1° U v a N d N t a K d a 0 U N O 0. CD V/ 0 v a 1.11�J Packet Pg. 467 I 11.D.2 I V) A N C m m on 0 0 0- 0 0 0 0 c o o.o oo oo 0 0 0.00'0 O O O O O O O O O O O O 0 aO O N f(NVV N O 41 O � in o Ln o o o �n v _m �r c c m U U en c 6 en 10 E = o o ul IL D E o o b m B E m $ E d e (n C m G. rn Z m m c E 7 2 ) o' 0 L o c U) cd o . D� 2 S C S 1n en N U� N d (n LL to LL d ti d d U ' pp o E py ,on 0 0 q 0p a 0 0 p p p 0 0 0 0 0 Q o .- Y �n 10 ' y d 4 d % A 4 Cad dd,ddd d roCdddd'd fnL N CO (n � CA N ((nn w fn (vn (Un'fan N N.N U'N J Cnn 0.U) (nn'fvn V R' �l N C N aaE 0 3 = w fl m c 5' E u v �i I El° CS(�� O da E Q Il o m fn LL Q Y u al m U c U m d U d A° m E LryS NN W LL O N U � K a o o 0 0 0 L. 00 O O O O O O O O O 0 0 O O O ' M O W NW O pNp�� N N N m( O O N O O N N ,,V^^ CCU U 44JJ� O O O O n N N �O / Ul �^ 0 o a o o 0 0.0 0 0.0 0�o ci ;� �,L. C0.am uC ZcUc L. 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C U = c C _ = c lI U E E N t Ui LL LL -c O u� O C N' LL LL O 31 C C LL C] C _ LL a a a E a o a o a w w 3 3aLowiLLc0i ¢io°CO) oi W N W 01 W N m N d N W N W W N J J J J J J J J J J J J J J J aL c c c c c c a a c c c g g N N N N N N N AA N N N N N N voi m m m m m m m x 2 a E` V w m cc 0Vmo# i+C yvi.� N=yO Cpjaam o .o z u uc w� m i W CON Ol m M7 ��gN m9mm DOO 0 mLLoa Packet Pg. 4 0771 11.D.2 N N 0 0 M �1 pNp�� 0 0 0 0 0 IO N N o 0 0 0 N 0 O O O O O O O OQ OCUCU N (N N a 6yR y o C_ C p �0 0 ap o 0 S N d � d m 0 CM o m U o w o w °' E u c U F- Q U V U c e rn poyp J N -g c W obi c V py1 }fo+± IL � (i 11 O ti LL � U N Vl Q a>i > a>i p E °o a>� (p d o °�' c U J J J N O E LL b N C O > LL N N N O lU U N u. d d S d (n -io F LL V pp LL n m m C O O N.m V C p O N M a (Op (o (o Zo V n f� fr ri ti LL LL LL LL LL LL LL m m m pp m m m m m m p_ d u. (L (L d 6-o. 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LL LL LL p .Z 2 i 2 Co 2 i Z Z 7 W ,,ZQTZQT�� �Tj v W Q 0 a j Z W i i f i i i Z a J a J a R -{ a Q V y Q to V O mq m w w a a qm Uq 4 m Z o a a 9:1 o a a a a a p a3 oCM,Z wo LL1 OC Q 2 UUU w Y F 2 f i f f f F f f Z Z ? ? ? 5 d W I W 3 u G G G G w G G G G f f f f f s G G G G G G G f f a N O u1 O 10 O m O m O O O N O N O M O V O r O1 2 Oyy 2 Oyy 2 yOy 2 O11 2 �0 2 0 �1a 2 r0 Tf �0 2 O O C,O c� O O O O O O N p O O O O O O am tri m tNri an �ri am m m m f i F i f i $ S a a a 5 a 2 G G G G G G G G G G G G G G G G` G G G G G t, G G N CD N is t IL K iy Q E O V O 'C^L v! Packet Pg. 487 11.D.2 tri N 0 0 Z c 0 C O a u C a x1000 a. m Ewm U m m 0 O.ULL to cn 7 m O Z U v U OD A O w o bA t c U c m m L C fu a d s C a � a � a C a � a � a C a � a � a � a C a C a C a d a C a � a •! a $ $ a al m m m m n > > E > n > n > C m E > n > n > n > n > a n n m n > a > a > > n n n > C D rn C m m rn E > > E J E E 7 E E E E E E E E E r E E E E E E E E E E E E E E E E E O O O O O m 2 m 6 V fm V 0 L7 9 E V 3 v 9 a m O L° a 3 9 a ° a L° a 9 a a 0 a 2 V E v 2 E E E E E VI L? VI Vl In _� W I? V1 T T In V1 T T T T to In J VI > > > > 7 m it In it m it m it m19 it a � m k m it m it m h m it m It m it m it m it m it m it m 4 m 4it a a 'O O in E > E > E > E > E > m E o E E E E E E E E E E E E m E m m m 2 m a_ a_ a_ v v .+ v o v > v_ > v o v > v > v_ > v_ > a > v_ > v > n_ > v m at��C vC aC C vC vC vC aC aC vC vC aC aC m aC A � �o (v m ry �n Qr�i rev r�i d Rn �r�i Qry rev Cry �ry �ry Qry Qn Qry �Iri �r�i �ry $N a d n a a m 0 C In m 0 C In m 0 C (n m 0 C m m 0 C m m 0 r m m 0 C to m 0 C vi m 0 r m 0 C m m 0 C m m 0 C m m 0 C m 0 C m m 0 C m 0 C ul m 0 C m 0 C m 0 C m 0 C m 0 C m 0 C m 0 C m 0 C m 0 r m 0 C C C C C C C C C C C C m C C m C C C (n C (n C m In r m o m 0 m 0 m 0 m 0 0 '1 0 •i 0 .-1 0 rl 0 .i 0 .� 0 r1 0 �I 0 � 0 r1 0 rl 0 N 0 .-1 0 �-1 0 .i 0 rl 0 r-1 0 .i 0 rl 0 .� 0 .1 0 .i o .� a;o .-( .i 0 .-/ m 0 C m 0 C m 0 r m 0 C m 0 C m 0 C m 0 r m 0 r m 0 C m 0 C m 0 C m 0 C m 0 C m 0 r m H 0 C m N 0 C m H 0 C m - 0 r m .+ 0 C m .y 0 C m ( 0 C m .a 0 C m - 0 C m 1 C m r+ 0 C m H 0 C m 0 (n 0 n 0 0 0 m 0 vl 0 to 0 m 0 m 0 .-( m 0 m 0 (n 0 (n 0 m 0 n 0 m 0 N 0 m 0 m 0 In 0 m 0 m 0 m 0 m 0 m 0 I i t i (n u( m w d K or pw wcc O Q a a a s 0 0 z m u 2 u Z u Z w w z z z z Om m m f Z = U _ u _ U 3' St 1�l m ua t m aWu a mm uu ui Q u`S ul = m 1eQp m WQU 0 au Q WaQ OC Q Q a[ Q K 6 aC < QZ ( 'J �il O a Z WZ F uZl K d Q cc Q aC a ff Q ZQQ Z Z Z z 2 a Ja lOu Z Z z d of } }O w w O O ? ee f 0 ga tµol C l7 O > > m m Q Q Q LL d' K Q O LL O � O J Z Z Z aC LL $ LL Z g Q 2 a a LU o o �' 9 9 9 o FQQa7 V {�O Ul {n77� VI lD O a CJ O n 1 ii rl O a O O a r1 0 O O n IOiI rl O Imn N O I�il fn O VI e� O INn N O (Nil fn O INn rl aOa N N O N (1 O N (.( O l71 �.i N (� O �n lo- N O F O �O�vv 0 r Oryv N rOr++ (n tOrvv 0 NOry ril rn in rn rn rn rn rn �i rn ti r» ti rn rii rii rn n rii rn F rn F in F h F In N d N cc t a x d CQ G O V t O CL Co Packet Pg. 488 11.D.2 (U v"ZI t; v c O �: ro ro 10 u a a m m m m m n m m 0 0 0 o E o 0 E E E E 1O E E @ V) ,n ,n m �k .9 v, w E a a a a Q A o a, m m m a, rn rn O O b O O 0 0 • m m m m m m 0 0 0 o uLi C o 0 N N • N 0 N 0 1 0 N 0 N 0 0 N 0 m rn m m a, m e e e vCi c b e b N b rl b N b N b N a N b N O O O O N z 2 5 O O O O O O LL LL N �LL„ v � O O O w O z O u u u Z w F H U a m u wLU g u a a a Q o f cc W N `K G �- K ul m W ff K OO W 0 y} l7 l7 O E f O O O Z _� 7 Z Z Z u ¢ a u u �GGG k' k�k mVV N NO • F- ryry1 1-- ryN !- 1- F- H F G G G G G G G C14 d N m L a X d Q E O U N O 0. Co 0 0 v a Packet Pg. 489 11.D.2 to w E a -0Co > 1, am � 0 u �o SuL- � V1 C C C m CL 0 m O Z u w O u Co n 0 C Irw c u O dq N 41 Ln � U to c �-1 G Gl A C .c � a E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E 1/ p D p p $ p p L p V p p p D p p p p p D D p p p V p m m m m m m In m m rl N rl m e"1 A rl mN rl ri A r-1 N rgV�l (0 m rl N A to rl N A rl u�1 A m r-1 N A m rl N m rl N N m .-1 N A m rl R m rl ,ill N m rl N N m rl V�i N m yM� V, ttl m r1 N A m rl v�i A m rpl� N m N m rl N m rl u�i m ry�l m rVl Co Com m F a d a a a a a a i a a fi iF a E U E' M A a A a A n A 10 a 10 a N a A a m C m C m .! m C m C m C m C m C m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m o 89,Q m m m O r-I O rl O rl O r1 O rl O rl O ri O rl O rl O rl O ra O rl O ,-1 O rl O rl O r1 O rl O ri O rl o rl O rl O rl O rl o rl r1 8m O rl O ri 2 O r1 Q o r-1 Q O rl m C m C m C m C m C rn C m C o, C m C m C m C m C m C m C m C m C m C m C m C m C m C m C m C m C mom C C C m C m C m C m eee� 0 rl m 0 rl m 0 rl m 0 - m �eeQQe�e�e�aQee�eQe 0 rl m 0 rl m 0 rl m 0 rl m 0 rl m 0 .-1 0 e-1 m 0 rl m 0 rl m 0 .y m 0 rl m 0 r-1 m 0 r'1 m 0 rl m 0 rl 0 rl m 0 rl m 0 rl m 0 rl m a 0 .� m eee 0 rl m 0 ri m 0 � m e�� 0 rl 0 rl m 0 ri O rl O c� O O O O O O O O O 010 O O O O O O O O O O o 0 o O O g Z 0 s z n QFQ Z 1a ~ O w Fa O 0 w lg7 4 i u u U v l9 uli a 0 w � a F lu� ri � a,C � � � � u � •� c � g uFl S u g q z o wm f0 u O w wIdn O E a O a 0z w F 0 fum;1� , u O fw kn OuµGfZi� pw n n i 0 Co O�ib O jGYu N t uu u C, K FQ lJ O v C A Q U N � Y E u w w mrdl m mV0N1 m mnrl mrrl mei mra r o mNNd mIll mSNVI mSmY1 S S o0SSSo S °' S mSrto mmV SmSm - °OTN - O o o OOo o 0 0 0 00000a 0 drl nm1 nm 1 I ryN0'0 Packet Pg. 490 E E a; rdn a U m m a► 19 c 0 °n. U m W o. 0 c O 0 m N Z N v Z U C Co O W C •c a c L m m E E E E E E E E E E E E E E E E E E E E E E 0 8 0 8 o v v v v o v o v a v v v v v m m m m m m m m m m m m m Co m m Co m m m m H .-� N N H Ny N ryl H N H Ny N Ny Ny N N rl N N . NN 0 m N yN� Ui N N i pN� N l� N N N w N ywr 41 N CI 0� N N A N a N a F A NN A k 10 nt. 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T T In a T IA G In T T In In in T In m rl m rl m rl m rl m rl m .-1 CO r-I m r1 CO r1 (n rl m Co In m m m In m In w m m CO m to u4) N GI VA A U A uUu1 10 U N uUu1 N U A uVu�1 N yVy1 10 V VA1 rl Ol VA1 rl N rtl rl QI VNA1 r1 yy� rl U N U rl U N rl U rl U rl U N rl U r� U rl UI rl U N a 'a` k k E k a 10 k a tN0 s a m C m m C m a m C m k a& A A A k m m m m at IT, m m m m m m m m m m m m m m m C m m C m C m C m m C m m C m C m m C m C m m C m 0 r1 0 rl 0 r-1 0 rl 0 rl 0 rl 0 rl 0 A 0 I"I 0 rl 0 rl 0 r1 0 rl 0 r♦ 0 ri 0 rl 0 rl 0 rl 0 r-1 0 r1 0 rl 0 rt 0 rl 0 rl 0 N m C m C m C m C m C m C m C m C m C m C m C m C m C m C m C m C m C m C m C m C m C m C m C m C m C m �e m m eeeQeeeee m m m m m m m m m a m e� m m e m e m o m e�ee� m m 0 rl 0 r1 0 H 0 rl 0 rl 0 rl o rl a rl o rl 0 rl 0 r1 0 rl 0 r1 0 rl 0 rl 0 rl 0 rl 0 r-1 0 0 r, 0 0 N 0 0 rl 0 0 rl 0 rl 0 rl 0 alai. u o 0 o u o 0 0 0 0 0 0 0 0 0 0 0 w F a 7 a z 0 w p z In a In � z � u�ccn a w a aZ In ce o z w m �n 0 Q z a O Z m 111 VI L W w 3 u g Z � QQ U i � � J 7 In u Z t a o o oa = vv) z o w `� a u o Q z � c z o g a a� Ir_n n O a z d u Ei In O n n o w f p U = I�ii of ai t�7 z 0 z g 1 z n w ` ,urS 1_ U 0 3 z z a 0 F a w z Z w _ � s Q o p In 0 7 S FL S F Is a= v-i b u LL E a n n o C u u aa d w e w u C a m m m m m m m m m m m m m m m a m O G (1 A m T m G C d C C C C C C C C LO C uJ mt d ° m C m c! m C m tj m C m rl m N m rl m ry N o 1/1 o O o O m rl rc� m o O m w m 1 Q O O oo W oo m m 1�° n �I lW° am 00 m �Op IO Id-1 N N n �ra11 d sm V yl 1 m mm m m m ry '1 O o In O ri m O O m O m O m O m O po M o 0 .-1 0 rl 0 r1 0 rl 0 rl 0 rl 0 rl 0 rl .i rl rt r1 r/ rl ry N N N m m m rt V rl a rl N rl N rl N 1 N .i N N In 0 M N d N m t a x a) a O ci O ''Q^. 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O 1- C d E t V Q Packet Pg. 492 11.D.2 �> am � E E a; m o. 0 to 14 SIJU. m ca IU N U Z N 47 O O Z U O 0° r ~ O w a C a m c V ~ i` E E E E E E E E E E E E > > > > > > > > > > > > nIAM A � fl m �n ro m m ao m m m oo m ro rl rl rl rf .-1 r1 r/ r1 ri H r1 rl a a a v a a a a a E E E E E E E E E E E E E E B 9 N B n3 p3 a3 m 3 ro m m ao m aD m m (D m oo m ro ro m a a x x x x x x x x x a x �j > E _El El El El El El E n m 2 N L° aR �n m in in vi in vi �n n m m m m m m m m m a x x x x x x x x N N a q a£ N N a N a N N a N N N a N N A N N N N N N N N N - N -- N N N N N N N N N N i� N Gi N — -- --- t IL x d Q m rn rn rn rn rn rn rn rn rn rn rn m m m rn rn rn rn rn rn m m rn rn rn m rn rn m rn rn rn rn m rn rn rn rn ee����� rn rn ee$e��e�Qe��e$ee�eo rn rn rn rn rn rn d� m m rn rn a i�egeee�e� rn a m 0 rn 0 0 0 o � v e o 0 0 0 o a o o a o a o 0 0 o a o 0 0 o d o o o 0 o o Q v! co rn rn C C m C m C rn C m C rn C rn C m C rn m rn rn C C rn rn rn C rn m C rn rn C rn rn C rn rn C rn C rn rn C rn C rn rn C rn rn C rn rn C rn m C rn rn C rn m C rn rn rn C C rn rn m C rn rn C rn m C rn m C rn C m rn C m rn m C C m m p ti p rn rn eae�e� rn rn rn �e eee�eeoeeeeeeee eeeee�eeee 0 0 0 0 0 0 0 0 0 0 o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 HI 0 0 0 0 0 0 0 0 �eeeeee�eeenenonnnnona00000�0000000000 0 3 z< LL � 0� s ° n cc m V }� to $ � O G �' m V ° W yynn aC w i J Z z g i ¢° w o 3 °� a _ m Z tL w N u F z cc E f3o2 o °>1- vat N Z `d a aC Z °(L� Z a >ZZ Va' u z Q>S d a F U O co V z U 0 a W 0 z O' O V z g S wo p C1 Q W "p� U O W a F j O OZZ w O' E u. O 1o0 cc -C i U 2 C Z O J O a a Q ii V O °' O w z p Q p Z a �Z ° z a z t �i f J Z Zd Zd w z Q F z o r O O LL C 2 z ac a Q U q Q u a 3 3 ti Z w au S o F^ f z v�� FpQ p Z oW2 az Z �J f u° O s a o h 5Jn W ?j a V a Q U p d o W m o E f ZQ ZQ 4 _ (/y� 9 OU O IA IA lL i a: J V m Q J U� 2 in V N }�i i � Q rn m m m m m m m c m m m m m m m m m m m m m m m m m m rn o �o m m m o o 0 0 0$ o 0 0 0 0 0 r�Oi o o o vOi o w ry ry N m o rm+ H N .-� N N N Opp S O mj O1 pOp pO� ppp� a� �/ p pp p p p p Epp pp, M m m M m frn/f M M frnry 10 10D l0 �O 10 �O �O �D N N �O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N (/ Packet Pg. 493 � 9>� 11.D.2 w a m ra E E a; m CL yu°��mm RULL m ( m O1 W 0CL C m N O Z U N W Z O V 0 O a E 10 m N E E O A !A m E E E E E E E E E E E E E E E E E E E E E E "O D p L V V U u A 9 N N A u A N V�1 V1 VI VI VI VI VI VI UI IA V1 VI VI VI V1 V1 IA VI in VI w V1 m m m m m m m m m m m m m m m m % m m m m m H rl N I rl Hu rl " - rl H rl rl H rl H " ruu/ rl yQ11 r-1 - N N N N N vvl N N N Iwil Vw1 N N N N N 11w1 N A A A N N A N N i0 N N A A N N A N A N N N A a a a Ali n a a a a a a a a a a m m m m m m IMIMINIMIMIMI m m mm mHmimi 1-1-1-1-10MI-M k CCCM C C C C C C CCC C m-m m 00e e 0 0 0 rl rl .-1 r1 rl rl rl rl rl r1 rl rl m m m m m m m m m m m m m m m OmerCl eOrCml meO.C-1 meOrCl CmeOrl �rCm'1 CmgmeOrC1 eCmOrl emOC meOC OC meOC m0OC CmeO yOrml meOrCl OmmerCl rmmeOC mrC�Om r1,01 k Iri OCe 1"i �0000000000g■000■oo■000■ooneeeen■� 7{ w 6WQ Q m t � > N 3 LA H vJ Cr z € C w n K z U � o 0 d w' ¢ l7 7 b v O t= to b O Z z Fi� z F m O m O N v A N w U w QQ E 0w O vl 1u l7 K u W l9 S In N a k' 0 l9 O Ui z z o v rn (u K l7 O 7 0 Ce Q D y Ko 0 0 o a poc a o f U E D> o tf K 9 a 3 w w k W o w k a o 6 X. Al5 O Ol C A E � � p C 3 0 0 ryry A VI O u u m m m m m m m to m m m m m E m m m g m m aA m m= a5 ab rb ah a5 i) C C m C tpm}1 o m In Ip Ip rym o m mL omo o I A o o �n o o �p V r' N O •yi O N y� O O r1 O O rl O N 0m.4wIO 1p 1D h 1� r f` l0 m m rl .y rl r1 N N ��yy N N N M N N N N N N N N N M M M M M m M m M M m m m M M r 0 Packet Pg. 494 11.D.2 R w E a v ry rn O N 1!1 N O Z c 0 57 c 0 v w N c a x-oCoo amp Elm u N N c 0 Ko" w r v C CL 0 O Z u w O u 00 n �R 0 0 U) C O 41 m u r- 'u w a E V C w V �o - .` �o LL N O fO �o �u m w /\ N UI C IL 0 a Packet Pg. 495 11.D.2 �a� w am a E EmM OD o 'A a LL 10 L w m li c C N O Z vi U N v > - 0 6 Z U c m i � c � o � o c V) C O 41 m u LC u v Q. Ln N E 7 V C O1 V V Q O m a U) w C 'u. w Y V L� 1" O O LL. m C1 N t a Packet Pg. 4 6 11.D.2 C m 19 L m 4J ^C W m u 0 lu m m 1"A''� W m A t a L 4. CD .J b v, u ti rn n � c) �u n1 u Y: ii t i n �1 w ri .-I ri ei rl .-1 N r-I rl r1 r1 r-1 ,-1 N H E E m E m E m E m E m E m E m E m E m E m E m E m E m E m 0 tl m 01 m N tl N v 01 m rl tl 01 m 01 m 01 m 01 m 0) ry H 1n n ry n ry n N 0 0 0 o °d' o o 0 0 c°� o 01 mmmmmmmmmmmm rn C C m C m C rn C m C 0 C m C 01 0 C rn C 0 C m C m C m C 01 C E E E E E E E E E E E E E E 0 in o w 1n v i v o v1 w in v1 Mtn 8 VnV� U W n a tA !k 0 O Q m pT i�/l � � a N n O 9 p O W 00 Q m N v O n O LL LL a K n 0 7 Vr > 0 VWW a f 3 Q 3 W O u. �a J U W , ? n 'n to ry o tn- tl r�-1 a1 N [ 1 7 U 0 0 0 (V N N 0 N 6 N o N ry U U 0 U 2 Z n m dSS qa lc, w O D O 0 o S 8a12 # h It t 1F t it it It t m o 0 0 E E E E E E E E E E m 0 cc Packet Pg. 497 11.D.2 Section Seven - Site LJiLAizaL"i(.))ii.-i I io a, Packet Pg. 498 11.D.2 ;t* Site Utilization Plan Collier County Sports Complex — Phase 1 B Naples, Florida Construction Documents November 26, 2019 ------- �t: ........... .............a I 1 s Scope 2.01 Complete Phase 18 Construction Site Access d 1•i� I with Phase 1A Scope 2.04 Completed -- wilh Phase IA - Phase j L' I v. } F 1 I Laydown Yard Phase 1B Construction Area May 2020_ Nov 2020 I � 1 o` . 1 U Phase 1 B Temporary Construction Office 1 n, �na�tt:crt>ruuC�J_ N d rn s a x m a E 0 1r 0 a CO 0 ti 0 Packet Pg. 499 11.D.2 EXH BIT I+: PUBLIC PAYMENT BOND KNOW ALL, MEN BY THESE PRESENTS: That bound to we bind ourselves, our heirs, executors, personal severally. Bond No. Contract No. 17-7198 as Principal, and as Surety, located at (Business Address) are held and firmly as Obligee in the sum of ($_ ) for the payment whereof representatives, successors and assigns, jointly and WHEREAS, Principal has entered into a contract dated as of the ____ day of 20 , with Obligee for ____ 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(l), 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 fill 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 day of _ 20 , 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 ti BY: Witnesses as to Principal NAME:------- c ITS: _-- E STATE OF COUNTY OF Q 561Pec FOURTH AMENDMENT TO AGREEMENT P 17.7198 Packet Pg. 5 0771 11.D.2 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) (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety Witnesses STATE OF 511 f, a p FOURTH AMENDMENT TO AORUMENT H 17-7198 NAME: (Legibly Printed) Notary Public, State of — Commission No.: SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) ('Telephone Number) N d N s IL x m a E 0 U 0 a c o ti 0 m E Q Packet Pg. 501 11.D.2 COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by as _ of Surety, on behalf of Surety. Fle/She is personally known to me OR has produced _ as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) SA 1 P a I; e FOURTH AMPNDMENF TO AGREEMENT k 17-7199 (Signature) Name: _ (Legibly Printed) Notary Public, State of. Commission No.: N m s a x m a E 0 U 0 a 0 ti 0 m E s Q Packet Pg. 502 11.D.2 PUBLIC PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: as Principal, as Bond No. Contract No 17-7198 That and Surety, located Address} are held and firmly bound to Obligee in the sum at (Business , as of {$_ ) 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 , day of 20 with Obligee for 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: 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, including, but not limited to, all delay damages, whether liquidated or actual, 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. 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 day of 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 59111 o g e FOURTH AMENDMENT TO AGREEMENT k 17-7198 Packet Pg. 503 11.D.2 Signed, sealed and delivered in the presence of - Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL BY: NAME:_ ITS: 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: (AFFI.X OFFICIAL SEAL) ATTEST: Witnesses as to Surety Witnesses 601r,se FOURTH AMENDMENT TO AGREEMENT M 17-7198 (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Printed Name) N d N s IL x m a E 0 0 a 0 0 m E Q Packet Pg. 504 11.D.2 (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by , as of , a Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) 611Peg FOURT11 AMENDMENT TO AGREEMENT 11 17-7198 (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: __, Packet Pg. 505 11.D.2 EXHIBIT G CONSTRUCTION MANAGER'S STANDARD RATES T-iNe Hourly Rates P Foi,,n�,et lTr1�rQ�r/Dme Go G-hief €stimateF �m at@F $70 Senior Superintendent $1-35 Site QOntp?F A-i Senior safety 44aoagef $fis 62 111 a r SE(PND ANWiNDM1:NT TO AGRCGMBNT N 17-7198 El G0m Packet Pg. 506 11.D.2 EXHIBIT G CONSTRUCTION MANAGER'S STANDARD RATES Title Hourly hates PROJECT PRINCIPAL 2� 31.75 OPERATIONS MANAGER jZ19.27 PROJECT DIRECTOR 159.65 SENIOR PROJECT MANAGER AL13,90 PROJECT MANAGER I ILL3.30 PROJECT MANAGER II 91.19 ASSISTANT PROJECT MANAGER 77.25 SENIOR PROJECT ENGINEER 10,95 PROJECT ENGINEER 55.00 DESIGN MANAGER 1120.03 MEP MANAGER 1114.28 BIM MANAGER 93.01 PROJECT CONTROLS MANAGER 106.09 QA/QC MANAGER j 115.10 SENIOR SCHEDULER 128.88 SCHEDULER $118.45 PRECONSTRUCTION DMEC'I'OR $166.84 CHIEF ESTIMATOR 1$ 64.80 PRECONSTRUCTION MANAGER 159.65 SENIOR ESTIMATOR AL03.00 ESTIMATOR 72.10 SENIOR SUPERINTENDENT $139.05 SUPERINTENDENT I 113.30 SUPERINTENDENT 1I 1 108.34 ASSISTANT SUPERINTENDEW 19.16 SENIOR FIELD ENGINEER j74.50 FIELD ENGINEER 49.93 SENIOR SAFETY MANAGER 66. 5 SAFETY MANAGER ALI.67 FIELD OFFICE MANAGER la.71 CONTRACT ADMINISTRATOR 150.88 OFFICE ADMINISTRATOR 42.44 CARPENTER FOREMAN REG: $41.00 / OT: $61.50 LABOR HELPER REG: $24.00 / Gl': $36.00 INTERN REG: $25.00 / OT: $37.50 631Pagc FOURTH AMENDMENT TO AGREEMENT N 17-7198 N d N s a x m a E 0 w 0 a co m E s Q C-9) Packet Pg. 507 11.D.2 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 slid 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 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _J day of, corporation, on behalf of the corporation My Commission Expires: (AFFIX OFFICIAL SEAL) 641PaP,e FOURTn AMENDMENT TO AGREEMENT b 17-7198 as of _ , a He/she is personally known to me or has produced as identification and did (did not) take an oath. (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: [Corporate Seal] 20 , by c d E t v Q Packet Pg. 508 11.D.2 EXHIBIT I FORM OF CONTRACT APPLICATION FOR PAYMENT Collier Coua Boars Counly Commissioners 1he OWNER or Collier County Water -Sewer Owner's Project Manager's Name: Bid No, Coun 's Division Name Project No. _ Submitted by Contractor Representative: Name ___ Application Date: - Contractor's Name & Address: Payment Application No. Ori inal Contract Time: _ Original Contract Price: Revised Contract Tune: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & Stored to Date: $ Retainage @10% through Insert Date $ r Retainage @ 10% through [Insert date] $ Retainage @ % after Insert date $ Less Retainage $ Total Earned Less Retainage $ Less previous a ment(s) Percent Work Completed to Date: % AMOUNT DUE THIS APPLICATION: $ Percent Contract Time Com leted to Date: % Liquidated Damages to Be Accrued $ Remaining Conhact Balance $ 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 I 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: Shall be signed by an authorized Type Title: re resentative o the Contractor. Pa ment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: T Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: ' Owner's Pr iect Manager Name: _ _ - Sl 1atU1'C: Date: ' 65i1'nge FOURTH AMENDNIHNI' TO AGREEMENT N 17-7198 Packet Pg. 509 11.D.2 Prep<INamc SCHEDULE OF VALUES Propel Numoer Oab: Padod To: ITEM NUMBER DESCRIPTION SCHEDULED VALUE WORK COMPLETED STORED MATERIALS TOTAL COMPLEFEU &STORED TO DATE PERCENT COMPLETE BALANCE TO FINISIi tU% RETAINAOS _% HETAINAOE (r.avuarnp TOTAL RETAINAOE WITHHELO PREVIOUS APPLICATIONS THRUDATE SINCEDATE THIS PERIOD TOTALS -_----- �- - Expianallon for the two columns under Previous Applications: The Thru Date is where you will plate all information until the contract is complete unless a release or reduction of retainage issr Into play. If Urls happens, all Information up to the data of the %change In retalnage is placed In the Thru Date column. Information after that date is placed in the Since Dale column. This Blatt what has happened since the change In retainege. 661PnGc FOURTH AMENDMEN"f TO AGREEMENT d 17-7193 N d s a K d Q E 0 O CL Ito C d E t V y+ Q lr .ic) Packet Pg. 510 11.D.2 EXHIBIT J CONSENT O _SURETY FOURTH AMENDMENT TO AGREEMENT R 17.7198 t` -iDo \_ N d to t IL x m a E 0 0 a Co m E s Q Packet Pg. 511 11.D.2 Bond No, CONSENT OF SURETY TO REDUCTION IN OWNER Q OR PARTIAL RELEASE OF RETAINAGE ARCHITECT AIA DOCUMENT C707A - ELECTRONIC FORMAT CONTRACTOR SURETY OTHER THIS DOCUMENT IIAS IMPORTANT LEGAL, CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT T'O ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELEC'YRONICAI,LY DRAFTED AIA DOCUMENT MAY 13L MADE BY USING AIA DOC(1MF.NT D4n1 TO OWNER: ARCHITECT'S PROJECT NO.: (Name and address) PROJECT: Name and address) CONTRACT FOR: 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 Colorado) , 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 nacre and address ofOwnen) as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: (Insert in u'riling the nnonth followed by the moneric date and year.) Attest: (Seal); (Surely) (Signature of autborLed representative) (Printed name and tide) , OWNER, 1994 THE AMERICAN INSTITUTE OF ARCHITECTS, 5 NEW YORK AVENUE, NX, WASHINGTON,D.C. 2 -5292. XIA DOCUMENT G O A- CONSENT'OF SURETY TO REDUCTION IN OR PARTIAL RELEASE OF RETAINAGE - 1994 EDITION - AIAQ) - 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.ala -- 117/2003. AIA License Number 1113723, which expires on 10/3112003. Electronic Formal G707A - 1994 1 R:AC) Packet Pg. 512 11.D.2 CONSENT OF SURETY OwNM TO FINAL PAYMENT ARCHITECT ❑ CONSURETRACTOR GC1N';iRACTOR ❑ AIA DOCUMENT G707 -ELECTRONIC FORMAT ❑ OTHER ❑ THIS DOCUMENT HAS IA1POR7ANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED /t'TI'H RESPECT TO ITS COAIPLE11YON OR A10DIrICA7ION AUTHENTICATION OF 7'HIS ELEC7RONICALLY DRAFTED ALt DOCUMENT MAY BE A1ADE BY USING AIA DOCUMENT' Dfot. 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 Sarety) , SORETY, 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 nave and address of 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.) Attest: (.Seal): (Sarely) (Signatare of outhorized representative) (Printed nave and title) , OWNER, INSTITUTEARCHITECTS, 1735 NEW YORK AVENUE, N.W.-I WASHINGTON, D,C. 20006.5292. AIA DOCUMENT G707 - r CONSENT OF SURETY TO FINAL PAYMENT - 1994 EDITION - AIAO - WARNING: Unlicensed photocopying violates U.S. copyright laws and will Q 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,ala -- 1I712003. AIA License Number 1113723, which expires on 10I3U2003. Electronic Format G707.1944 . 1 0" 0 Packet Pg. 3 11.D.2 EXHIBIT K: CHANGE ORDER Change Order Form j Contracted Chanprer 1 Purchase Order*: Corntracto0l',rmNam#.� I J Project Name: project Manager Name —� Department: -Wginal Conf+acl Wc�'6 Order Amount I}Fginal BCC App: evai Dale. Agenda Item n ;u•ieM BCC Apvo.cdAmouM Last BCC A"roval Date Agenda Item& :urntM Ccnlad41co'A Ceder Amount SAP CcrtractExpiralien Date {?.taster) Dolfsr Amount of this, Change NDIV,O' Total C hang* h ero 0 Vint Amount ee,isedCcntractI/c6CiderTotal I S 00011 4DIV,0' Change tremCurertBCCArc+a✓is-jAniount ;unruliitiv%Chanoes I S ()0011 wDIV.;011 Change ftomCureMAmatnt I. Completion Dale. Description of the Task(s) Change, and Rationale for the Change Notice to Procee Original last Approved � Revised Dale Date Completion Dat Dale i': ase° In r :rays. ►of Days Added Select Task% OAdd newtaskis)(3 Delete task(s) ❑ Change taskis)11othtr,imov7.", Provide a response to the following f )detailed and specific eaplanationhationale of the requestedchange(s) to the task(s) and j or the additional days added (if requested): 2 ) why this change was not includedin the original contract: and. 3 ) describe the impact A this change is not processed Afla:h a'i t!_na' a^tc+mat.ort from 0,0 Des,gn PfOessr•r)I an -I o, Coruadct .f resi*a Prepared by Date l '/j;a t, in}2*7 Name iRjDepartment) Atc eFtar - e of tn:s Cf;ar re Ordtr sha:i constwe a modArcason to cortraQ ,work end*' .?*nl,t eJ aboVt ar, i ei, I be s ub}*tt to a'I ire same terms an1tt.rjl4onsascca.ta,Iside+nth*carts:ttworkordt+irdeate7above, aslu'lyasAthtsamewet*statN,nt*:sat+xptanoe T1,e adjustment. ,f any, to If,* Contract shi tconst.9 i* a fuM and feral s*tttemart of any and ar! cta ms of the Cor,tracpr!'Ver3o(! Consu lant' Des �J,Profess onilana,rgouteft.rteht*dtot),*thsr`tse, forthhe+t•n ,rc'uargtia.msla mpr�ar.�de'oytaste Accepted by Date tGorlea terlVendotJ artsulart! Des>gr rolessaratamitJamtA n. prey* IjPV,;abej Approved by IDDate es•gnPraessitni'ardNamta Frm dp,oiectapp'cab'tl Approved by Dale I ra;uremtntPrefessonal UR 1 I' ., , 1:001k'I H AAIBNUAIFNI' 10 AGREF,AIFIN 111 17.7148 a Packet Pg. 514 11.D.2 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: Coinmencenrent Date: _ Substantial Completion Time as set forth in the Agreement:y 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 Ibrm). 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: By Owner: 691Pa ge FOURM AMUNDNIEW TO AGREEMENT B 17-7198 (Firm Name) (Signature) (Typed Name & "Title) (Department Name) (Signature) (Name & Title) m E s Q Packet Pg. 515 11.D.2 ORIGINAL DOCUMENTS CHECKLIST & ROU NG %SIG &MU TO ACCOMPANY ALL ORIGINAL DOCUMENTS S THE BOARD OF COUNTY COMMISSIONERS OFFICE FO Print on pink paper, Attach to original document. The completed routing slip and original documents are to be forwar=3 �p j� norney Once at the time the item is placed on the agenda. All completed routing slips and original documents must be receivedid tMe Po8An4l�rney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Risk Manaapem tt Complete routing lines 41 through N2 as appropriate for additional signatures, dates, and/or information needed. If the document is already?5,T C with the exception of the Chairman's signature, draw a line through routing lines N I through H2, complete the checklist. and forward to the County Altomev Office. Route to Addressee(s) (List in routing order) Office Initials Date 1, Risk Risk Management *Z_ 2, County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners 4. Minutes and Records Clerk of Court's Office 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/preparcd the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missing information. Name of Primary Staff Jessica Suarez/ PURCHASING Contact Information 239- 252-8407 Contact / Department Agenda Date Item was December 10'h 2019 Agenda Item Number I I.D. Approved by the BCC Type of Document AMENDMENT Number of Original Attached Documents Attached PO number or account N/A 17-7198 MANHATTAN number if document is MANHATTAN CONSTRUCTION to be recorded CONSTRUCTION INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. initial Applicable) I , Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JS signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JS document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JS signature and initials are required. 7. In most cases (some contracts arc an exception), the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 12/10/2019 and all changes made during _ N/A is not the meeting have been incorporated in the attached document. The County an option for Attorne 's Office has reviewed the changes, if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the k is not BCC, all changes directed by the BCC have been made, and the document is ready for the UPSline, Orion for Chairman's signature. To ,,,& odd�d as nn add��um �-IMF �m ' _Ar►'1 Packet Pg. 516 11.D.2 C H U B B Increase/Decrease Rider RIDER to be attached to and form a part of Bond No. 8246-49-91 wherein Surety 202E Halls Mil! Road, PO Box 1650 Whitehouse Station, NJ 08889 1650 Federal Insurance Company 0 • 908.903.3485 F 908,903.3656 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 811100 dated September 25, 2018 , effective September 25, 2018 ($3,199,984.81) IT 1S IIEREBY UNDERSTOOD AND AGREED that effective the 10th day of December, 2019 the penalty of this bond is increased decreased (circle one) from Thirty Three Million Nine Hundred Fifty Seven Thousand Seven Hundred Forty Nine and 811100--- -------------------- ( $33,957,749.81 ) to Fifty Three Million Six Hundred Twenty Three Thousand Two Hundred Eighteen and 81l100---------- —----------------------------------- _ { $53,623,218.81 ) as to losses occurring after said effective date. Provided, however, that the liability of the Principal and Surety hereon hall 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 loth day of December, 2019 If bond amount is being DECREASED sign r:,r 8: return a copy with original signature \CCEPTED: BY .. - (Signature of Obligee) Name: Title: �r t�ntCUchc-n (Seal) Name: Title: ?Feralinsura c pattyByNatmes B. Geisinger (Seal)AnFact N 0 to M a x 0 a E 0 U to 0 0. Ito 0 v a Packet Pg. 517 11.D.2 i I I i r• Power of Attorney Federal Insurance Company; Vigilant Insurance Company I Pacific Indemnity Company Know All by Thy Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New \•ork corporation, and PACIFIC INDEMNITY COMPANY. a Wisconsin corporation, doeach hereby ctm iltuteand appoint Georgia A. Craig, James B. Gelsinger, Kevin L, Hanover, Christy Thompson andLinda Wright of Tulsa, Oklahoma----------------------------------------------------------------------------------------------------------------------------------------------- as their true and lawful Atiomey-in•F'act to execute under such designation in their names and to afTi\ their corporate seals to and deliver for and on their behalf as surety thereon or otherm Ise. bonds and undertakings and other writings obligator\ 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 bond%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. l ter It let ; S'I':\1'ItOF Nli\\' JFRSfiI' Count) ofHunterdon : ' 91 sba,h•.n \I Ilan,.) 1 a,c 1•rty 1, -0 � QUZIN On this 1" day of August, 2018, before me. a Notary Public of \ell Jersey. personally came Dawn \I. Chlorus. a) me known to be Assistant Secretary of FLDLRAL INSLRA\Cif COMPANY. VIGILANT INSURANCE COMPANY. and PACIFIC INDENINIT\' COVIPA.\Y. the companies which executed the foregning Power of Attorney. and the said Dawn M. Chlorus, being by me duly sworn. did tkposc and say that she is Assistant Secretary of Fl•:DI:RAL I\SURME COMPA\Y. VIGllA\T INSURANCE 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 therein affxed 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 tel. Haney. and knows him to be Vice President of said Companiesi and that the signature of Stephen NI. Ilaney. subscribed to said Power of Attome) Is In the genuine handwriting of StephenNI. Haney, and was thereto subscribed by authority ofsaid (]lntpante%and in deptment's presence. Notarial Seal * KATt1ERINE J. ACItAAR Ol �y of NCTAIrY nUBI ICOfNew JR3EY `ifl4✓' //����JJ-L� fL, a 23111101,141eni jLl PiJlLIC+ !� Ca**Ifsx!Lto ref Jt*r t5. 1019 � t t CERTMCATION Resoltnions adopted by the Boards I)[Direclors of FEDERAL INSL RANCE COMPANY. VIGILANT I\SVRA\'CE CO.\IP.1Nl', and PACIFIC I\DELI\IlYCO11PA\Y on August 30.2016: 'RLSU6\ I). dut the keliot logautheodmtlons retire to the executktn, kfr and on hehallof the(.omPm),of hondcumlotakirycc recligrfirarior Inmirtcf%and other %triuenarmmiunents of the ComlWm erih•m1 o,m in the unlinan mu -se or bu,in", o ath a'%%,itIeel Cement it, I"ll't. (1) L•'adf I)( the Chairman. the Prttiident anti the Uor 11re,141eent% ul the Company L herelg aulhoriatd urY\muleam written Cummilment lilt and on behallof the Compote). under file Aral I N lift• linninns ur ahcrt iv. 421 Each duly appt-inu•d auorneyin fail of the (itml*In) is herein duthtMbed at ewttuiv airy \glum Ctmimimtnl Intranet tin t hall of the Cump;m). under the ual of lilt Cuinrym) or nthrax%ke. ur the extent that .itch attkm I%;mthorixnl h) the Front of enters pm%kied ror in such lwmin's t rhirn aplkoiniment as stash attorney-hrlact 13) Each of life Chaimun, life PresIdeat and the %ke h'cskk•nt% of the Cumytms khvrvb) authorlrcd. Im and on tichal(W the Cafmpany. mappulnl In ariling an) person file aitonty. to fait ut the Company %%lilt lull potty andauihurig to e\iv:ute, lilt ,end tin helull Let the Cumiun). under the ual ofthe Compam or othernbe. such l\ritten CommOntnts ul the Comtrany as ma) he %pedraal in such it riven arilminament. which %pecilk atkm ma) tx I % general it Fir or class of \\'riven Commitments or h}• %peciRcalion of one or more particular Written Commitments. (t) Fifth of (he Chahnun, the hesklt•nt and the Tice Roidruts ul fir•Conns.n) thereby Audienl/cdAter and on 1whall of the cornixin), to delegate In% riling fit an) eathurtill1wrol'the Company the awhodii to execute, for and on hehair of the Company. under the Companys seal or othentue. such wriuen f:nmmRmenL%ol the (:nmpan) a<are specified in such tdttendelrg:rtkrawhichstxciReutnn may he b) general gIwor da,suf wriuen Commitments or h)spedlkatirmofoneurmurelunittilarwituenCommitenents. (5) The signature ief any u1R\sr ur odxr panto eu'tuling an) 1\'rlten Commitment or appointmeni or dtklgatiun pursuant h, this Resolution- and the seal of the Cumpany. naay la• Atli%ed b) Fatsimile on such wriuen C(immilment or tdnen appointment or drk Adun. R RTHER RFSOL\• I). that (he furepting Resulutiun shall one Mr dtrmod ur Ix• an e\dmhe siatemcm to die omen and aulho,rig of olikers. empiu)res and uthtr persuns to act for and me behalf Let the Company. and such Resolution shall nor limit or othemhe alleci the exercise Many such I>tater ter authority olhrrtIse %:ilicil) panted or %reed' I. Dawn M. Chloros. Assistant Secretary' of FEDERAL INSURANCE COMPA'sY, VIGILANT INSURANCE COAIPANN. and PACIFIC INDEMNITY COMPANY (the "Companies-) do hereby %entry, that (t the foregoing Resolutions adopted by the Huard of Directors of the Companies are true, correct and in full force and effect. (11) the foregoing Power of Attorney is true. correct and In full force and effect. Given under m)• hand and seats of said Companies at Whitehouse Station. NJ, this 101h day of December, 2019 011k 9 I to n \I i ill r• \s,Ivant kxr,.rnl IN THE. EVENT VOL! WISH TO VERIFY THE AUTHENTICITY OF THIS ROND OR SOTIFY US OF AN\' OTHFR MATTF.R. M.F LSE CO\TACT Iis \T: Tele hum'(908) IM.3493 Fe%(". 903•3656 a mall: survlyvfichubb.atm rED vIG-PI or, o8.III) Packet Pg. 518 11.D.2 AC R MANHCON-08 CERTIFICATE OF LIABILITY INSURANCE DATEIMMIoo/ryyy) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIG121113/2019 HTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHOR12ED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(tes) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer ri hts to the certificate holder in I do of such a okra, ertaint_ PRODU CER g Rooney 00 South Gan I Ro d, BUG 200 Tulsa, OK 74146 INSURED ------ -- Manhattan Construction (Florida), Inc. 3705.1 Westview Drive Naples, FL 34104 878 rance.com 420-9926 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NIAMED SION ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAim.q sR - POLICY NUMBER POLICY EFF POLICY EXP COMMERCIAL GENERAL LIABILITY il CLAIMS -MADE FX] OCCUR X TC2K-CO-1098A840 Contractual Llab. 10/1/2019 10/1/2020 XCU ncludeEd jIoCTIT Ap�Q�EJgLPOLICY AUTOMOBILE LIABILITY - X X ANY yffiDoC AfURTEO�S ONLY X UTHSRyUy}L.�EEDp X TC2E-CAP-1098A852 10/1/2019 10l1l2020 X AUTOS ONLY X AUTOOSS ONLY X UMBRELLALIAB X OCCUR ----- -_-- EXCESSLIAB CLAIMSMADE X VTSMJ-CUP-1098A968 10/112019 10/1/2020 DED X RETENTION t 10,000 WORKERS AND COMPENSATION EMPLOYERS-LIABUTy _ - - ANYPROPREIETgOERRiPARTNERIFXECUTIVE YIN EXCLUDED? a TC2J-UB•1098AB03 10/1/2019 10/1l2020 IManAetory In NH) N I q RON OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101 Addaloml Remarks Schedule, may be attached If more splice Is required) any and all work performed on behalf of Collier County Collier County Board of County Commissioners, OR Board of County Commissioners in Collier County, OR Collier County Govemment, OR Collier ineledW as an additional insured under the captioned Commercial General Liability and Automobile Liability Policies on a primary and non-contributory basis If and to the extent required by written contract. Collier County Board of County Commissioners 3295 Tamiamt Trail E. Naples, FL 34112 ACORD26(2016103) — -- - -- -- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCE I maaamneE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered m kse118-2015 of ACORDCORD CORPORATION. All righbrRwwned. Packet Pg. 519 11.D.2 El Packet Pg. 5 0771 11.D.3 THIRD AMENDMENT TO AGREEMENT ## I7-7198 FOR CONSTRUCTION MANAGEMENT AT RISK CONTRACT CONSTRUCTION PHASE SERVICES FOR COLLIER COUNTY SPORTS COMPLEX PROJECT NO: 50156 DATE OF CONTRACT: February 13, 2018 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 Page 1 of 4 Third Amendment to Agreement #17-7198 Packet Pg. 521 11.D.3 THIS THIRD AMENDMENT, is made and entered into as of this 9CA day of 0&dLex, 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 "Constriction Manager" or "Contractor." WITNESSETH: WHEREAS, on February 13, 2018, Agenda Item 16.13.21, 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, including Construction Manager fee for work or services performed for the Collier County Sports Complex with a Guaranteed Maximum Price of $3,093,711.64; and WHEREAS, on March 26, 2019, the Parties approved the Second Amendment to the Agreement to incorporate the Phase IA — 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 with a Guaranteed Maximum Price of $30,757,765.00; and WHEREAS, the Parties wish to amend the Agreement to replace in its entirety Exhibit G Construction Manager's Standard Rates to Phase 0-GMP#01 Lake Excavation, Clearing & Grubbing and Phase IA-GMP#02-Horizaontal and Vertical Work Package to allow for additional staff title and pay rate categories. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the parties as follows: i. Exhibit G -Construction Manger's Standards rates are hereby replace in its entirety. 2. Except as set forth in this Amendment, the Agreement, as previously amended, shall remain in full force and effect. (SIGNATURE PAGE TO FOLLOW) ******Remainder of page intentionally left blank****** Page 2 of 4 Third Amendment to Agreement #t 17-7198 At Pg. 522 11.D.3 IN WITNESS WHEREOF, the parties have executed this Amendment on the date and year first written above by an authorized person or agent. ATTEST: Crystal K. Kin-z0k, of Courts and Comptroll r• • . ' . GC Yr� By: Dated: (SEAL) Attest as to Chairman's signaturo only. CONSTRUCTION MANAGER's Witnesses: I St V1 SS Mary Stein Type/prinj;.ritness name h Funiaiello witness name OWNER: Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida �./� . C° By: W' iam L. McDaniel, Jr,, Chai nan CONSTRUCTION MANAGER: Manhattan Construction (Flo ida), Inc. Gordon a , Sr. V' a resi t By: ordon Knapp, Senior Vice Pres nt - Florida pproved as t 'ort and Legality: ott R. each Deputy County Attorney Page 3 of 4 Third Amendment to Agreement # 17-7198 Packet Pg. 523 11.D.3 EXHIBIT G Construction Manager's Standard Rates PROJECT PRINCIPAL $225.00 OPERATIONS MANAGER $232.30 PROJECT DIRECTOR $155.00 SENIOR PROJECT MANAGER $130.00 PROJECT MANAGER I $110.00 PROJECT MANAGER II $88.53 ASSISTANT PROJECT MANAGER $75.00 SENIOR PROJECT ENGINEER $65.00 PROJECT ENGINEER 353.40 DESIGN MANAGER $116.53 MEP MANAGER $110.95 BIM MANAGER $90.30 PROJECT CONTROLS MANAGER $103.00 QA/QC MANAGER $111.75 SENIOR SCHEDULER $125.13 SCHEDULER $115.00 PRECONSTRUCTION DIRECTOR $161.98 CHIEF ESTIMATOR $160.00 PRECONSTRUCTION MANAGER $155.00 SENIOR ESTIMATOR $100.00 ESTIMATOR $70.00 SENIOR SUPERINTENDENT $135.00 SUPERINTENDENT I $110.00 SUPERINTENDENT II $105.18 ASSISTANT SUPERINTENDENT $82.68 SENIOR FIELD ENGINEER $72.33 FIELD ENGINEER $48.48 SENIOR SAFETY MANAGER $65.00 SAFETY MANAGER $69.58 FIELD OFFICE MANAGER $57.00 CONTRACT ADMINISTRATOR $49.40 OFFICE ADMINISTRATOR $41.20 CARPENTER FOREMAN REG: $41.00 / OT: $61.50 LABOR HELPER REG: $24.00 / OT: $36.00 INTERN REG: $25.00 / OT: $37.50 Page 4 of 4 Third Amendment to Agreement # 17-7198 4Packet Pg. 524 11.D.4 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: March, 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 IIf,hgC SECOND AMENDMENT TO AGREEMENT # 17-7198 Davidson Engineering, Inc. 4365 Radio Road #201 Naples, Florida 34104 0Packet Pg. 525 11.D.4 THIS SECOND AMENDMENT, is made and entered into as of thisplr 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 THE WORK. The total cost of Phase lA — 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 TEM. 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. 2 1 P a g e CAO SECOND AMENDMENT TO AGREEMENT N 17-7198 Packet Pg. 526 11.D.4 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: Crystal K. Kjnzel,'Clerk of Courts and Comptroller Dated: (SEAL) Attest as t0 Gh Isipatiure only. ,s CONSTRUCTION MANAGER's Witnesses: �V First Witness Dad ►) Sri. Type/print witness name 1e Second Witness M A-r r $ trlJy L << Type/print witness name 31Pa1!e SECOND AMENDMENT TO AGREEMENT H 17-7199 OWNER: Board of County Commissioners, Collier County, FI I ical subdivision of the 't e o ida C' By: W liam L. McDaniel, Jr., Chairman CONSTRUCTION MANAGER: Manhattan ,Construction (Florida), Inc, X— / — 5;.I Gordon Knapp, Senior Vice Pres pprovVTeacth or and Legality: ott R. Deputy County Attorney CAC Packet Pg. 527 11.D.4 Exhibit 1 Construction Phase Services Additional Terms and Conditions ARTICLE DESCRIPTION PAGE 1. THE CONSTRUCTION TEAM AND EXTENT 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 3ASite 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 ................. ........... ..... ................. I.......................... 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 4 1 P a g e SECOND AMENDMENT TO AGREEMENT # 17-7198 Packet Pg. 528 11.D.4 /:1171 y [am 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 ................................. ...................... .................. I................... 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 GMPFinal 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 ................................... ................................ I ...... .. 37 5111aLze SECOND AMENDMENT TO AGREEMENT # 17-7198 N d N t a x am a E 0 U rn 0 0. 0 0 Packet Pg. 529 11.D.4 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 ByOwner For Cause........................................................................................................... 14.3 Termination By Owner Without Cause............................................................................... 43 15, ASSIGNMENT AND GOVERNING LAW ............................................... I ......... I............. 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 6 1 P n g e SECOND AMENDMENT TO AGREEMENT 4 17.7198 4 Packet Pg. 530 11.D.4 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 71r. E SECOND AMENDMENT TO AGREEMENT # 17-7198 CAO Packet Pg. 531 11.D.4 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 IA-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 8111ae,e SECOND AMENDMENT TO AGREEMENT 8 17-7198 Packet Pg. 532 11.D.4 Section Six: Prelinfinaty 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 I 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 Contin eg ngy 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. 9 1 P n 6 e SECOND AMENDMENT TO AGREEMENT N 17-7198 Packet Pg. 533 11.D.4 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. 101P�"� SECOND AMENDMENT TO AGREEMENT # 17-7198 CCAO Packet Pg. 534 11.D.4 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 SECOND AMENDMENT TO AGREEMENT # 17-7198 CAO Packet Pg. 535 11.D.4 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. 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. 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 12 1 P a g e SECOND AMENDMENT TO AGREEMENT # 17-7198 Packet Pg. 536 11.D.4 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. 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. 131Page SECOND AMENDMENT TO AGREEMENT # 17-7199 CA 0) Packet Pg. 537 11.D.4 (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. 1411'age SECOND AMENDMENT TO AGREEMENT # 17-7198 CAO Packet Pg. 538 11.D.4 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: 1. 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. 151Page SECOND AMENDMENT TO AGREEMENT # 17-7198 CAO Packet Pg. 539 11.D.4 (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. 161Pase SECOND ANffiNDMENT TO AGREEMENT # 17-7198 CAO Packet Pg. 540 11.D.4 0) 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. 171Pnge SECOND AMENDMENT TO AGREEMENT 9 17-7198 Packet Pg. 541 11.D.4 (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) Warran - 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 18111 a g, e SECOND AMENDMENT TO AGREENIENT # 17-7198 Packet Pg. 542 11.D.4 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 191Page SECOND AMENDMENT TO AGREENIENT # 17-7198 Packet Pg. 543 11.D.4 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 201 P <, SECOND AMENDMENT TO AGREEMENT # 17-7198 Packet Pg. 544 11.D.4 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). 0) 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 21111 SECOND AMENDMENT TO AGREEMENT # 17-7198 Packet Pg. 545 11.D.4 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. 22111 ige SECOND AMENDMENT TO AGREEMENT # 17-7198 Packet Pg. 546 11.D.4 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 Fundin — 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. 231Page SECOND AMENDMENT TO AGREEMENT # 17-7198 ii Packet Pg. 547 11.D.4 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 +g Construction Manager to perform any of the work at the site. Nothing contained in the Contract M Documents shall create any contractual relationship between the Owner or Design Professional and any subcontractor. 00 rn 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 r 5.3.1 Owner's Approval of Subcontractors - Unless otherwise stated in the Contract Documents, r Q 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 24Page SECOND AMENDMENT TO AGREEMENT 9 17-7198 Packet Pg. 548 11.D.4 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 25111a,c SECOND AMENDMENT TO AGREEMENT # 17-7198 U Packet Pg. 549 11.D.4 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. 26i1.age SECOND AMENDMENT TO AGREENIENT # 17-7198 c nplo Packet Pg. 550 11.D.4 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, 271P2ge SECOND AMENDMENT TO AGREEMENT # 17-7199 Packet Pg. 551 11.D.4 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 28 1 P a a e SECOND AMENDMENT TO AGREEMENT # 17-7198 Packet Pg. 552 11.D.4 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. 29 111 a ,C SECOND AMENDMENT TO AGREEMENT # 17-7198 Packet Pg. 553 11.D.4 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 1A — 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 301r <<, SECOND AMENDMENT TO AGREEMENT # 17-7198 L� Packet Pg. 554 11.D.4 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 Q 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). 31111 a e SECOND AMENDMENT TO AGREEMENT 9 17-7198 a, Packet Pg. 555 11.D.4 (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. 321Pagc SECOND AMENDMENT TO AGREEMENT # 17-7195 o Packet Pg. 556 11.D.4 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 331Pa, c SECOND AMENDMENT TO AGREEMENT 9 17.7199 o Packet Pg. 557 11.D.4 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 All discounts 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 341Page SECOND AMENDMENT TO AGREEMENT 9 17-7198 Packet Pg. 558 11.D.4 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 351P e SECOND AMENDMENT TO AGREEMENT # 17-7198 Packet Pg. 559 11.D.4 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 recoveiy 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 3611' <i e SECOND AMENDMENT TO AGREEMENT # 17-7198 Packet Pg. 560 11.D.4 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. 371Page SECOND AMENDMENT TO AGREEMENT # 17-7198 Packet Pg. 561 11.D.4 ARTICLE 13 INSURANCE, INDEMNITY AND WAIVER OF SUBROGATION 13.1 Indemni - 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 381Pa,C SECOND AMENDMENT TO AGREEMENT # 17-7198 . Ap Packet Pg, 562 11.D.4 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 391Pa, e SECOND AMENDMENT TO AGREEMENT H 17-7198 Packet Pg. 563 11.D.4 2. Commercial General Liability Patterned after the Current I.S.O Occurrence Form. 3. Automobile Liability Owned/Non-Owned/Hired Automobile Included. 4. Other Insurance below: a) Professional Liability and all Federal Government Statutory Limits and Requirements. Policy must include Employers' Liability with a limit of $1,000,000 each accident. Bodily injury & Property Damage $2,000,000 Single Limit Per Occurrence $1,000,000 Each Occurrence $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 narne 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. 401Pa SECOND AMENDMENT TO AGREEMENT # 17-7198 Packet Pg. 564 11.D.4 13.5 (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. 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. 411Page SECOND AMENDMENT TO AGREEMENT # 17-7198 0 Packet Pg. 565 11.D.4 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 421Page SECOND AMENDMENT TO AGREEMENT # 17-7198 (] Packet Pg. 566 11.D.4 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, 431P.a,e.. . SECOND AMENDMENT TO AGREEMENT # 17-7198 (;AO Packet Pg. 567 11.D.4 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 441Ra,c SECOND AMENDMENT TO AGREENIENT 4 17-7198 Packet Pg. 568 11.D.4 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: 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 45111 a L SECOND AMENDMENT TO AGREEMENT # 17-7198 Packet Pg. 569 11.D.4 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 eritity 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 sec.. 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 461Pa,e SECOND AMENDMENT TO AGREEMENT # 17-7198 C , �) Packet Pg. 570 11.D.4 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 E-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 sec.. 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 — 47jPa ,e SECOND AMENDMENT TO AGREEMENT # 17-7198 C.Et Packet Pg. 571 11.D.4 (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 1199 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 contraci 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 48111 e SECOND AMENDMENT TO AGREEMENT # 17-7198 Packet Pg. 572 11.D.4 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) 491Page SECOND AMENDMENT TO AGREEMENT # 17-7198 Packet Pg. 573 11.D.4 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@colliercountyfl.gov Tel: (239) 252-8383 Margaret Bishop, P.E. Principal Project Manager Margaret.B ishop(cr�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@manliattanconstruction.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 DPulsgmanhattanconstruction.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@a davidsonen ing eering com Tel: (239) 434-6060 (office) Tel: (239) 877-3480 (cell) Fax: (239) 434-6084 501Page SECOND AMENDMENT TO AGREEMENT # 17-7198 9Packet Pg. 574 11.D.4 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 N m N t a x am a E 0 U rn L 0 0. U) 0 0 511Pagc SECOND AMENDMENT TO AGREEMENT # 17-7198 CAO Packet Pg. 575 11.D.4 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. 521Pa,e SECOND AMENDMENT TO AGREEMENT # 17-7198 Packet Pg. 576 11.D.4 The responsibilities between OWNER and CONSTRUCTION MANAGER for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: C61iJ/IIa:iI 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 53111a,e SECOND AMENDMENT TO AGREEMENT # 17-7199 N d N t a x a) a E 0 U L 0 II ^. V/ O 0 CAO Packet Pg. 577 11.D.4 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. 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: 541Pa,e SECOND AMENDMENT TO AGREEMENT # 17.7198 Packet Pg. 578 11.D.4 EXHIBIT E GMP PROPOSAL (Following this page) 551Pa+e SECOND AMENDMENT TO AGREEMENT 9 17-7198 Packet Pg. 579 11.D.4 nI� Collier County, FL Collier County Sports Complex Exhibit E - GMP Proposal Phase IA - GMP#02 - Horizontal and Vertical Work Package March 26, 2019 Prepared for: Collier County Government Board of County Cornmissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112-5746 Prepared by: 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 Co leY C014"ty Contents 1. GMP Budget Summary 2. GMP Clarifications and Assumptions 3. General Conditions Budget Estimate 4. Allowances 6. Preliminary Construction Schedule 7. Document Rider — List of Contract Documents (including Plans and Specifications to which the GMP Budget is based upon) 8. Site Utilization Plan Manhattan (CAJO Packet Pg. 581 11.D.4 ■ Section One GMP Budget Summary El II, (CJAO Packet Pg. 582 11.D.4 Manhattan Building avrvllencr, CCSC PHASE 1A HORIZONTAL MCF PH01A PRESENTATION SUHIAARY 3/19/2019 N d N t a x 0 a E 0 c� L 0 0. N El (CA � Packet Pg. 583 11.D.4 Section Two GMP Clarifications and Assumptions CAd(3 Packet Pg. 584 11.D.4 I Clarifications & Assumptions Collier County Sports Complex — Phase 1 A 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 excellence. Page 116 n( o Packet Pg. 585 11.D.4 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 VVV Building excellence. Pale 216 (CJA0 Packet Pg. 586 11.D.4 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 premiurn 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. I'abe 316 Packet Pg. 587 11.D.4 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 1 B utilities. No Surveying for any future work is included within this agreement. 0 Manhattan Building excellence. Page 416 Packet Pg. 588 11.D.4 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 3/6/2019. 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. Pacr ge 516 01A Packet Pg. 589 11.D.4 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 Building excellence. Page 616 CAC Packet Pg. 590 11.D.4 Section Three - General Conditions Budget Estimate II. Packet Pg. 591 11.D.4 ON jj t I � o $ y0y a a a T. -AilI IF 'a rl� m_— c a IF I I�,Hu f� � �.�$� �•� �� � F� .a; � �� �t fps � I _ � 4, All NATO o x r k gg g fI y. 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LL a a a a in Ln vi �n u� vi in Ln v� �n Packet Pg. 607 a a a a 11.D.4 E- x -o ao o v>� w am E E; m 0- m N � 'a C yTi O o aU LL Ln L Ul Ol +� p• c m o N 0 Z vi rl N u° c CO w n I� a v v v v v v v v v v C C C C C G C G C C rn rn rn u u u u u u u u u u �m co 00 Y 0 N 0 0 N C C G C C C v G v C v G v G v o (V 0 0 0l rn of m of of of al of rn m rn m rn al rn v v v v v w w w w w w w w w w H H H Iz ,z L6 Ib ,b ,b ,b ,b Ib 0 #** 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u u u u u u u U u u E E E m m m m m m m m m m` m m` m m 0 m 0 m 0 u u t� 0 u (n u m u m u m u m u N >>> u o 0 0 0 0 0 0 0 0 0 0 0 0 v u v v u u u u u u c c c O1 °` °' �' to to ui to T to T to m to m T o 0 O1 0 °i o O1 0 °1 EH 0 °' o 0 2� o � o Q � ¢ ¢ m is � EH U! m 2,� , m ,� N rn N rn 2 w M N� w M 20� N rn '0 `i , rn •-+ Ol rn a m .a V m v_ m v_ m u_ m v_ m V m m V u m u F V m u m u m v_ u_ V V aN M� 0Q aQ a` aQ aQ MQ O Q dN m m m o,y0,0, 0� off off 0H oy oy o o w w > > > > > > > > > > > > > tno t Lno L (Ao No Lno jo Lnw N d rn rn rn rn m rn rn rn rn m rn m rn rn rn rn rn m rn m rn rn m rn rn rn rn m rn ri rl ,-i 0 ri 0 ri 0 fi 0 ,-1 0 ri ri 0 0 N 0 r-1 rl 0 0 ,i 0 .-� 0 ,-i 0 ,-i 0 ,-1 0 ri 0 0 0 0 0 0 0 0 0 0 ri 0 o O o 0 0 0 N N N a N N N N N N N N fV N fV N 0 0 0 0 x 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d CL E rn rn rn rn rn rn rn rn rn rn m rn rn rn rn rn rn rn rn rn rn rn rn rn rn m rn rn p rn ,-1 ri .--I ,-i 0 0 0 0 ri 0 0 N 0 0 0 0 0 a 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 a 0 m m V m m m V N COm m w p 0 D 0 0 D 0 p p p p 0 D D to O O O `Ql N N N N N \ = C C7 = N N N N N N L ei r1 N N NO NO N NO NO N 0 O O O O O 0 0 0 0 ON ON 0 0 0 ON ON ON 0 V/ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 r c.i x W U- NI C d C d E Q I I= O C� 7 N C O C� C p R t C R 5 00 5 s z Q LL a a g O m W � Zz O O z (n p Ln Z J J z z z z 4a z O Z w O g C g a 5 3 a z o z L > > a a a W �,�Gzz g �� En O E J m w 0 0 m z z z z z z z z g g z ww cc In G G g o MA v 2 2 T S a Q ° g 0 0 z w w a 0 v1 O 0 z z Z z a W z o o W g �_ o UJ Z w o Q Z) � U W ~ O Z m Q 3 Q 3 U m O u o? ~ O w o u W u w u w w w w a Z u_ m w ri w ,-i m ,-1 ri ri w N N N N N f_ F f_ a' ri z ,-1 Z z z z z z z z O z z Q z w Q w Q w o 0 0 0 0 0 0 0 0 o 0 o o o wCC o 0 0 a a a L 0 m m i C a ¢ ¢ vl M In ul z vl z o o m m m m m m m m m z m a a a O O ,-1 N r-1 ri rl N m ,-I N rl M rl N ri ri N M V Ul 1p .-1 N V VI N lVl V) O O O O O O O .-i O O H O N O in O w O O w O O O O O O O O O 0 O 0 O O ,-1 ,-1 N - Q Q Q Q Q Q Q Q Q Q V) ° a 0 o 0 o V V V U tJ V U U V U n v •` 3 3 3 3 3 3 3 •• m m Packet Pg. 608 v v v u v v 11.D.4 xaCD n. m E a; m U o m Ua 0 N o O U V) vi T N C: Q C m O Z U N a ci, 0 rn 0 rn 0 rn 0 m 0 m 0 rn m 0 0 m 0 rn 0 rn 0 m 0 rn 0 m rn 0 0 rn 0 m 0 VI p❑ UI m 0 VI In m 0 N In m` 0 VI N m 0 N 0 V1 m 0 VI 0 V1 m m 0 0 N VI V1 Vl m 0 VI O VI m 0 UI m❑ U1 m` 0 VI VI m 0 VI O VI m 0 V1 V1 m m 0 0 VI !A ❑ ❑❑ UI VI m 0 IA V1 m m m u m u m m u m m u u m u m u m v m u m u m m v v m u rn ti 0 N N O rn ri 0 N fV O rn a 0 N N O rn 0 0 N N O m 0 0 N N O rn N 0 N N O rn rn N 0 0 0 N N O O 0 rn 0 a N O rn 0 0 N O rn 0 N O rn 0 N O rn 0 N O rn rn 0 0 N N O O rn 0 N O rn O �O N N O rn O tp N N O rn O 1p N N O rn O t0 N N O rn O 1p N N O rn O lD N O rn rn O O l0 lD N N N N O O rn O l0 N N O rn O l0 N O rn O l0 N O rn O l0 N O rn O l0 N O rn rn O O l0 1p N N O O rn O lD N N O O O O O O O O O O O O O O O O O W J ❑ W Q z Z (n ❑ Z Z K 3 Q o o z z p W Q J Z Q g W ❑ ❑ J J p W G m ❑ ZQ z0 O F (vwi O z O Z Z LA Z o W w u wLCUM G z z z z 3 z z g o Nw O O O a 0 cc 0 in z p❑ O wa�w b Q w 0p z t w- z w W w G w w ° u� w Z o ❑ g >C w W m U Z z U Z z V Z z W m U Z z U Z z LL K a a W a in a ❑ a a a 0- m n w w w z w w Z z z z z z z z z a z Z Z z z 0 0 0 0 O 0 0 ❑ O a a a 5 a a 5 5 5 5� 5 5 > ❑ m E m m m m m m m m Im m Q 0 Q 0 Q Q Q Q Q O 0 N O Q Q N Q C, i0l1 Q IOII Q t00 Q lOD Q Q Q Q Q Q Q Q Q Q a aC a�' K a 0 0 •• � � •• Packet Pg. 609 11.D.4 0 w E a r- O m O rn NN c0 LL C O 'O N G a x -0 Co W > I am H EYm u @ (7 a t yT O O U � 0 Ln vi o. c � O z u v O u e0 .0 O V) 4J C N E CA) O PI L N c i p� a N i C C O (0 0 � J t a � o a o � v rri o a Ol r! p N v fi O C N W U ry o m ikk _ V O O y t o N O1 LL LL W G U _ W c c t0 a in i t; (D V) O O c >55 C .E N N m VI m VI u �- N a` W n`. N a` u B OJ 0 0 0 0 0 Q m u u u rf I ri ri f-f H H H E E E E E E E E E E a a a a a a a a a a 0 0 0 0 0 0 0 0 H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m m m m m m m m m m rn m m m rn rn m rn m rn lw m m m m m m m m m m 0 0 0 0 0 0 0 0 0 0 L L L L L u L L L L (n M Ln V) M Ln N M M M N N N N N N N N N N v a o a a r*i o v vi of o of v o a o ry N cco N v a¢ E a J m �� H w w o o N m o 0 'O Ol Ol ll1 N � # Vl Ol m O G N N W m -W K V ry m O O� # ofO .0 0)N = LL Er w w W c t 2 2 w Z a E m m m m N in o o c u u u E .� E I I m m m U c lL v C. v a s w y u u u o 0 0 0 0 0 0191 Packet Pg. 610 11.D.4 Cormy county Section Eight - Packet Pg. 611 oe I i I I�i�l I r Fitt Packet Pg. 612 11.D.4 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 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 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 day of October duly signed b body. WHEREOF, the above parties have executed this instrument this 1st 2018, the name of each party being affixed and these presents y its under -signed representative, pursuant to authority of its governing Packet Pg. 613 11.D.4 Signed, sealed and delivered in the presence of: BY: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL Manhattan Construction (Florida), Inc. NAME: John Reyhan ITS: President The foregoing instrument was a knowledged before me this day of "C ee- 20R_, by dL4-) as of rot , 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: Notary Public State of Florida My Commission GG 042641 Expires 11/26/2020 (AFFIX OFFICIAL SEAL) ATTEST: ( gnature of Notar NAME: 6ii ZM07-4 ro (Legibly Printed) Notary Public, State of RG1A �) A - Commission No.: (�j ogp4 c/ J SURETY: Federal Insurance Company (Printed Name) 202B Halls Mill Road Whitehouse Station, NJ 08889 (Business Address Packet Pg. 614 11.D.4 vvitnesses to ,surety (Authorized Signature) (Printed Name) N d N t a x 0 a E 0 U L 0 II^�^ V/ El Packet Pg. 615 11.D.4 W Witnesses STATE OF OKLAHOMA COUNTY OF TULSA As Attorney in Fact (/ (Attach Power of Attorney) James B. Geisinger, Attorney -In -Fact (Printed Name) Rooney Insurance Agency, Inc. 4700 S. Garnett, Suite 200 Tulsa, OK 74146 (Business Address) 18) 582-0565 (Telephone Number) The foregoing instrument was acknowledged before me this 1ST day of October, 2018 , 24M, 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: (AFFIX OFFICIAL SEAL) ::�voo�� ► 1 � 1 Ili (Signature) Name: L /�� ��� ,�Ct 6115 (Legibly Printed) Notary Public, State of:i���c Commission No.: 1 r� ,�6 7�1 ..Z 5 N a� N a x 0 a E 0 U N L 0 0. 0 r- 0 Packet Pg. 616 11.D.4 EXHIBIT F PUBLIC PERFORMANCE BOND Bond No.8246-49-91 No. KNOW ALL MEN BY THESE PRESENTS: 3705-1 Westview Drive, Naples, FL 34104 , as Principal 202E Halls Mill Road, Whitehouse Station, NJ 08889 Contract No That Manhattan Construction (Florida), Inc. and Federal Insurance Company, as Surety, located at (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. Packet Pg. 617 11.D.4 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 n Construction (Florida), Inc. BY: Witnesses as to Principal NAME;Aohn Reyhan ITS: President STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 3� day of (`�( tib e,CZ 2018, by v F *") 77s�n� J of J corporation, on behalf of the corporation personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: 44-► Psi. Notary Pubtic State of Florida Elizabeth M Lounds o �47 My Commission GG 042641 arfi-n Expires 11/26/2020 (AFFIX OFFICIAL SEAL) (Signat , as Ln -, a He/she is Name: (Legibly Printed) Notary Public, State of: Rp-t .P N Commission No.: G � Dtk',-)L(�� I Packet Pg. 618 11.D.4 ATTEST: Witnesses as to Surety ME Witnesses STATE OF OKLAHOMA COUNTY OF TULSA SURETY: Federal Insurance Company (Printed Name) Halls Mill Road Whitehouse Station, NJ 08889 (Business Address) (Authorized Signature) (Printed Name) s Attorney in Fact (Attach Power of Attorney) James B. Geisinger, Attorn (Printed Name) Rooney Insurance Agency, Inc. 4700 S. Garnett, Suite 200 Tulsa, OK 74146 (Business Address) (918) 582-0565 (Telephone Number) The foregoing instrument was acknowledged before me this 1st day of October, 2018 , 2>, 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. i My Commission Expires: ' N a� N t a x a) a E 0 U N 0 0. 0 r- 0 e Packet Pg. 619 11.D.4 (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: r Commission No.: _ l 90e) AAO Packet Pg. 620 U B ED Power of Attorney Federal Insurance Company I Vigilant Insurance Company ( Pacific Indemnity Company 11.D.4 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, doeachhereby constitute arid appoin[Georgia A. Craig, James B. Geisinger, Kevin L. Hanover, Christy Thompson and Linda Wright of Tulsa, Oklahoma ------- —-------- —-------------------------------------------- —---------- —---------------------------- ------ as their trite 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 suretythereon 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 saute, and consents to the modification or alteration of any hrstrument 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. l.Y,iv.,n M.Chloros. As~istantSecmtary STATE OF NEW JERSEY Counq' of Hunterdon A" 1f r-1 Stephen \I. Raney. Vice President ofAugust, Q On this 1" day ugust, 2018, before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE C COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. CD 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 brows the corporate seals thereof, that the seals affixed to the foregoing Power or 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 he Vice President of said Companies; and that the signature of Stephen M. Raney, subscribed to said Power of'Attomey is in the genuine handwriting of W Stephen M. Haney, and was thereto subscribed by authority ofsaid Companies and in deponent's presence. Notarial Seal { KATHERINE J. ADELN+R ,aRY NOTARY PUBUC OF t3V JERSEY No.231�85 23isM Com'nlsalai E1tilints Mir 10, 2019 Naary Pvhtir CERTIFICATION Resolutions adopted by the Boards ol'Directons, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August30, 2016: `RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recobmizances, contracts and other-vvritten commitments of the Company entered into in the ordinary course of business (each a'writen Commitment'): (1) rich of the Chairman, the President and the Vice Presidents of the Companyis hereby authorized toexecute anyWrittenCommitment for and on behalfofthe Company, under the seal of the Company or otherwise. (2) Each (July 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 Want of ponwen 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 oil behalf of the Company, to appoint in writing any person the anoniey- in-fact of the Company with fill[ power and authority to execute, for and on behall'of the Company, under the seal orthe Company or otherwise, such Written Commitments of rile Company as may be 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 wriuen Conuninneuts. V (d) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, I'or and on behalf of the Company, to delegate in writing to any other officer ol'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 crone or more particular Written Commitments. ram+ (i3 (i) 'Pile Signature of any officer or adiei• person ese,'<uting;my written Commitment nrappoint mem or delegation pursuant u> this Resolution, and the seal of the Company, may he aliixed by � facsimile on such written Commitment or written appointment or delegatou. C M FUIi'riwit RPSOLVED. that the foregoing Resolution shall nor he deemed to be in exclusive statement of the powers and authority ofafficers. employees and other persons to act for and on bthalt'of 2 the Company. and sudi Resolution shall not limit or otherwise alfect the exercise orally such power or authority otherwise validly granted or vested.' 00 1, 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 ofDirectors ofthe 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. C Given under my hand and seals ofsaid Companies at Whitehouse Station, NJ, this 1 st day of October, 2018 � �" •�` Riwn \1.Chhxczc.;Ascistant5 retar}' Q fNTI16EVEN'i'YOUWISH'I'OVGR[fl"[}iGAUfI=CITYOPTHISBOtiDORNOTIFYUSOFANi'OTi[ERMATTER,PLEASECON'rACTUSAT: Telephone (908) 903-3493 Fae (9o8) 903- 3656 e-mall: surery@chubb corn FED- VIG•PI (rev. 08-18) Packet Pg. 621 11.D.4 CHUBET Increase/Decrease Rider RIDER to be attached to and form a part of Bond No. 8246-49-91 wherein Surety 202B Halls Mill Road, PO Box 1650 Whitehouse Station, NJ 08889-1650 Federal Insurance Company 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 0 �908.903.3485 F + 908.903.3656 as Obligee, in the sure of Three Million, One Hundred Ninety-nine Thousand, Nine Hundred Eighty-four and 81/100------- ($3,199,984.81) dated September 25, 2018 H' IS IIEREBY UNDERSTOO�unred REED that effective the 20th day of March, 2019 the penalty of this bond is decreased (circle one) from Three Million, One Ninety-nine Thousand Nine Hundred Eighty-four and _81/100--------- --------- ------------------------- ---------------------------------------------------------------------------------- (-$j.,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 after 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 If bond amount is being DECREASED sign below & return a copy with original signature to the Surety: ACCEPTED: BY- ---- - - --- - -- - I (Signature of Obligee) Narne: Title: March, 2019 Inc. (Seal) Name: G d R D0 A) VP d-P P Title: Se. 0 iCg 7itt5,lDeA)T_ Federal Insurance Company By N, e: .lames B. le_singer Attorney -In Fact (Sent) Packet Pg. 622 11.D.4 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 fork corporation, and PACIFIC INDEMNITY COMPANY, a \\'isconsin corporation, do each hereby constitute and appoint Georgia A. Craig, James B. Geisinger, Kevin L. Hanover, Christy Thompson andLinda Wright of Tulsa, Oklahoma --------------------------------------------------------------------------------------------------------------------------------------------------- as their true and fat+fill 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 corn :se of business, and an) instruments amending or altering the same, and consents to the modification or alteration ofanw 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 ;dli\ed their corporate seals on this 1" dayol'August, 2018. 4t.S,9 o-f_ 1 W-v 6\_1 ,ek!� S'I'AT . OF N F.\\' J IiRS(,.Y COUntt Ofl-i MUCIA011 ss. __ Al-tv., AA �411_� stq'llol Al I kln,:) \ i,:c Prt�l•.1. tit On this 1" da) of August, 2018, befitre tine. a \otar) Public of .Nett Je'se), personall) came Dawn Id. Chluros, to me known to be Assistant Secretary of FITEItAL INS% I: \\CE CONIPANY. VIGILANT INSURANCE CONIPA\\, and PACIFIC iNDENINIT\ CO\IPANY. the companies which executed the fitregoing Power of Attorne), and the said D.mn M. Chluros, being b) me dul) sworn, dill depose and say that site is Assistant Secretary' of FEDERAL INS( IZANCE, C0\II1A\\'. VICII.\SI' INS[.10NCE COMPANY. and PACIFIC INDE\INIT\' CONIP:1N\' and knots the corporate seals thereof, that the seals affixed to the fitregoing Power of Attorney are such corporate seals and were thereto affixed by authorit) of said Companies: and that she signed said Potter of Attorney as Assistant Secretar) of said Companies by like authorit): anti that She is ac(ivainted with Stephen \i. lane), and knows him to he Vice President 01'Said Companies: and that the signature of Stephen \l. l ianey. subscribed to said Poo er of Attorney is in the genuine han(lttriting of Stephen NI. Haney, and was thereto subscribe(tby authority ofsai(I Companies and in deponent's presence. Notarial Seal YPtyE J' 1pF KATHERINE J. ADELMR NOTAgy NOTARY PUBLIC OF NE"' JERSEY / No 231SM5 P(tg�lC 1 ComTsetce EXP res July 15. 2018 Stnan euhilr CERTIFICATION Resolutions adopted h) the Boards of Directors of FEDE(LAL INSURANCE COMPANY. VIGILANT INSURANCE CCi.XiPANi'. and PACIFIC IM) NI\ITY CO\IPANY on August :30. 2016: -RESOLVED, that the tblltm ing authorizations relate mi the execution. for and oil lieh;lfof the Cnnip: n). ul'b(1nds. undertaking;, recogrifiances, contract., and other wriuen cone nfunents of the Cumpan) entered into in tile, Irdina [A aiwae of btlsfnt9b (each it "\\Yiuen Conuuitnicnt"1: (1) Bach of the Chairman. the President and the Vice Presidents of the Company is hereby authorized ui execute an) \\'riven Commitment forand (in behalf of theCumpam. under the seal of the Conipam or othetzcIse. (2) Faeh duly' appointed :turner -in -fact of the Cumpan is Iterch) authorized it, execute any wriuen Comnif anent fin• and on behalf of the Company. under tine seal of -the Company or uthemise, to the extent that such action is authorized b) the }tram of potters pro, ided fur fn such persoli v t\ ritten appxiinlclient as such attorney -in -fact. ( :) f-iich tit' the Chairman. the I'r(sident and the \'ice Presidents ill the Cumpan) N herch) authorized, for and on hehall'nl'the Cumpan. to appoint fit writing an) person the attorney in -last of the Cumpan) %0111 full Putter and authoritytoexecute. for and oil behalfuftheConipitn). tinder the sea[ ortheConipam oruthemise.such \ltiuenConiniftmentstdthe Congnut) as ma) he specified in such mitten appointment. which specification urq be b) general type ur ckls:s of \\'riven Conunfuuenis or b) specification of one or more particular \\ritten Couunfunen(s. (I) F;tch of the Chairman, the President and the Vice Presidents of theCompam ishereb%authorized. for and oil behalfuf the Comp:ni).tode]e;;atrfit wciting it) any other officer of tine Conipany the authorit) to execute, for and on behalf of the Companc. under the C niptt)'s sea] or othem ise, such "'ritten (Annuniunents of the Conipan) as are specified fit such \trimen delegation. tcitich specification may be b) general ntie or class of \\ritten Commitments or b) speciliatfnn prone or more particular "'ritten Commitments. (S) The v ofany officer or other person e\ecuringany wriuen Commitnu•ni or appoinunent or delegation pm}uant ill this Resolution. and the seal of the Company. trim be affixed h) facsimile tin such Written Commitment or writen aipoinnnenl or delegation. 11 RTIIET RESOLVED, that the foregoing Resolution shall nut he deemed mi he an e\dusite statement of the pxmen and authorit% of olficem enip]n)res and other persons to act fir and on behalfuf the Compntty. and such Resolution shall not limit or othem ise affect the exercise of tw such putter or authorhp otherwise wdidl) granted or tested.` L Dann Ni. Chluros. Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE CO\IPA\Y, and PACIFIC INDEMNITY COMPANY (the "Companies') do hereby certify that (i) the foregoing Resolutions adopted b) the Board of Directors ofthe Companies are n-Lle, correct and in full force and etl'cct, (ft) the foregoing Power ofAitorney is true, correct and in full force and efi'ect. Given under my hand and seals oi'stid Companies at \\'hitehouse Station, NJ, tills 20th Day of March, 2019. AYNI • • IIW�! ttro.n \I t;hh�t'�.�..\�1�1;utt�e�rcf;�r\ IX TI lF EVENT Y01' WISH TO VFRIFY THEM M THENTICITY Or TEIIs BOND Or( NOTIFY US OP AiNY OTI IFR AI:\WR, r'LF.\SF COWACT IL S AT: Tdephonn(nt18)�03-34, Fa\l`.108)903.3656 a -mail: suren•ycchubb.com FED- VIG-PI (rev. 08-18) Packet Pg. 623 11.D.4 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 Manaaer $110 Assistant Project Manager $75 $65 Project Scheduler $115 Senior Superintendent $135 Site Sunerintendent $110 Senior Safety Mana er $65 Field Office Manager $57 621Page SECOND AMENDMENT TO AGREEMENT # 17-7198 .. N d N t a x am a E 0 U rn 0 0. 0 0 Packet Pg. 6 11.D.4 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 120 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: (AFFIX OFFICIAL SEAL) (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: 63111 SECOND AMENDMENT TO AGREEMENT # 17-7198 Packet Pg. 625 11.D.4 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 Name: Bid No. Coun 's Division Name Pro ect No. Submitted by Contractor Representative: Name Application Date: Contractor's Name & Address: Payment Application No. 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 Insert Date $ Retainage @ 10% through [Insert date] $ Retainage @ % after Insert date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment(s Percent Work Completed to Date: % AMOUNT DUE THIS APPLICATION: $ Percent Contract Time Completed to Date: % Liquidated Damages to Be Accrued $ Remaining Contract Balance $ 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 re.presentative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT iDUE 'THIS APPLICATION is recommended b Design Professional's Name: Signature: I I Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended b Owner's Project Manager Name: Signature: Date: 641Pa,e SECOND AMENDMENT TO AGREEMENT # 17-7198 Packet Pg. 626 11.D.4 Project Name: SCHEDULE OF VALUES Project Number: Date: Period To: ITEM _ DESCRIPTION SCHEDULED VALUE WORK COMPLETED _ — STORED MATERIALS D ETODATE PERCENT COMPLETE BALANCE TO FINISH —NUPABER 104 RETAINAGE °k. _ RETAINAGE _ TOTAL RETAINAOE D PREVIOUS APPLICATIONS THRUDATE SINCEDATE THIS PERIOD 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 ISSL .. _ _..__ ._._.. __ .. ._..__. _._.. ._.. _._._.. 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 statc what has happened since the change in retainage. 6511' a !, SECOND AMENDMENT TO AGREEMENT # 19-7198 N d to t a x a) a E 0 U fn L 0 I^� V/ 0 0 r Packet Pg. 627 11.D.4 EXHIBIT J CONSENT OF SURETY (following this page) 661Pa,e SECOND AMENDMENT TO AGREEMENT # 17-7198 - Packet Pg. 628 11.D.4 CONSENT OF SURETY OWNER ❑ ARCHITECT ❑ TO FINAL PAYMENT CONTRACTOR ❑ AIA DOCUMENT G707 -ELECTRONIC FORMAT SllRETl' ❑ OTHER ❑ THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICA TIONA UTHENTICATION OF THIS ELECTRONICALLYDRAFTED AIA DOCUMENT AYIAYBE MADE BY USING AIA cm DOCUMENT D401. Gt TO OWNER: ARCHITECT'S PROJECT NO.: (Name and address) a PROJECT: CONTRACT FOR: K a CL (Name and address) E O CONTRACT DATED: v L 0 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the Q- (Insert name and address of Surely) rn 0 n ,SURETY, on bond of (Insert name and address of Contractor) v 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) 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.) Attest: (Seal): (Surety) (Signature of authorized representative) (Printed name and title) , OWNER, ® 1994 THE AMERICAN INSTITUTE OP ARCHITECTS, 1735 NEW YORKAVENUE, NX, WASHINGTON,0006-5292, AIA DOCUMENTG70 - 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.ala -- lt7/2003. AIA License Number 1113723, which expires on 10/31/2003. Electronic format G707 - 1494 • 1 Packet Pg. 629 11.D.4 Bond No. CONSENT OF SURETY TO REDUCTION IN OWNER ❑ OR PARTIAL RELEASE OF RETAINAGE ARCHITECT ❑ AIA DOCUMENT G707A - ELECTRONIC FORMAT CONTRACTOR ❑ SURETY ❑ OTHER El 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 DOC IMENT D4o, TO OWNER: ARCHITECT'S PROJECT NO.: (Name and address) PROJECT: Nance and address) CONTRACT FOR: CONTRACT DATED: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insert natne 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) 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 ),ear.) Attest: (Seal); (Surety) (Signature of authorized representative) (Printed nane and title) , OWNER, © 1994 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT 6707A - 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.ala -- IM2003. AIA License Number 1113723, which expires on 10/31/2003. Electronic Format G707A - 1994 1 N d to t a x am a E 0 U L 0 0. 0 n 0 Packet Pg. 6 11.D.4 EXHIBIT K: CHANGE ORDER Change Order Form Contract#:Change#:= Purchase Order#: �--� ProjectM Contractor7Finn Name:— —� Project Name:I --� Project Manager Name � Department: Lriginal contraet/Work order Amount original BCC Apprc4al Date; Agenda Item #' Current ,BCC. Approved Amount Last BCC Approval Date; Ailends Item# Current Contract W crk order Amount S,^-P Contract Expiration Date (Master) Dollar Amount of this Change #D O! Total Change from Original Amount Rs visedCorttrac4Worc order Total 9 0.00 ODiV.10! 'ChangefromCurrent BCC Appraiad Amount - Cumulative Change, S 0.0011 #DIV10I" Chan efromCurrentAn-cunt Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Procee� Original = Last Approved Revised Date Date Completion Dat Date Ms3rJ__WScn3N=) #of Days Added Select Tasks O'' Add newtask(s) 0 Deletetask(s) 0, Changetask(s) ❑ Other (s,— 9 Provide a respo n se to the fo I lowing: t) detailed and specific exp lanationlrationale of the requested oh angels) to the tasks) and f or the additional days added (if requested); 2.) why this change was not included i n the o rfgi nal contract; and, S.) describe the impart if this change is not processed. Attach additicnaf iiiformation from the Design Professional an for Csmtraclor if named. Prepared by: Date: (Project Manager Name and Department) Acceptance of this Change Order shall c* nsft1s_ a modifrralion to contras 1 vrork order identifi_I above an-d vr"iil b? strb*t to all the same terms and condWns as cont,ine_� in the contract 1 vrorkordea indicatai above, ss fully as if the sam=vr_ra srate r in this acceptanze. The adjustment, 'rf any, to the Contracts hall comtifute a full and final settl=_rrient of any and all claims of the Contractor I Vandor I Consultant! Design Professional arising out of or relatEd to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: {Contractor f Vendor l Consultant f Design Professionaland Name of Firm, if proj=ctappl!vab>=) Approved by: Date: (Deslgn Professional and Name of Firm, if project applicable) Approved by: Date: {Procurement Professional T3 _qJ east �- s 5, ,j -_ m - j= aq in- 67111ag SECOND AMENDMENT TO AGREEMENT # 17-7198 Packet Pg. 631 11.D.4 EXHIBIT L: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date Contractor: The following items have been secured by the for the Project known as , 20 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) 681Page SECOND AMENDMENT TO AGREEMENT # 17-7198 Packet Pg. 632 11.D.5 FIRST 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: September4 , 2018 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 Packet Pg. 633 11.D.5 —*-. THIS FIRST AMENDMENT, is made and entered into as of this day of September, 2018 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, the parties wish to amend the Agreement to incorporate the Phase 0 — GMP#01 Lake Excavation, Clearing & Grubbing proposal, 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 0 — GMP#Ol Lake Excavation, Clearing & Grubbing in the amount of $106,273.17, 2. COST OF THE WORK The total cost of Phase 0 — GMP#O1 Lake Excavation, Clearing & Grubbing is $3,093,711.64. 3. GUARANTEED MAXIMUM c d Pursuant to Section XI. Basis of Guaranteed Maximum Price, of the Agreement and as otherwise more z specifically set forth in this Amendment, the Construction Manager's Guaranteed Maximum Price for Phase 0 — GMP#01 Lake Excavation, Clearing & Grubbing Work only, including the Construction Manager's Q Fee and cost of the Work is $3,199,984.81, 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 0 — GMP#01 Lake Excavation, Clearing & Grubbing Work Commencement Date to the date of Substantial Completion of the Work is 234 calendar days ("Contract Time"). Packet Pg. 634 11.D.5 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: Crystal Kinzel, Acting Clerk of Courts �5 I `yIAI 1 A Dated `' 1 Most as to Chairman's > m 0,t14a signature only. CON RUCTION MANAGER's Witnesses; Fir t ess Type/print v itness nam� Second Witness n Rom Type rp/ int witness name OWNER: Board of County Commissioners, Collier County, Florida, a poli ' l subdivision of the Stat Flo a • By Andy Solis, Chairman CONSTRUCTION MANAGER: Manhattan Construction (Pari Gordon Knapp, Senior Vice President - Deputy County Attorney r a Packet Pg. 635 11.D.5 Construction Phase Services Additional Terms and Conditions ARTICLE DESCRIPTION PAGE L0,0 THE CONSTRUCTION TEAM AND EXTENT OF AGREEMENT ......................... 8 1.1,0 The Construction Team................................................................................................. 8 1.2.0 Extent of Agreement...................................................................................................... 8 1.3.0 Definitions ..................................................................................................................... 9 2.0,0 CONSTRUCTION MANAGER'S SERVICES............................................................ 9 2.1.0 General.......................................................................................................................... 9 2.2.0 Review of Contract Documents and Field Conditions ................................................. 9 2.3.0 Job -Site Facilities and Weather Protection.................................................................... 10 2.4.0 Construction Phase........................................................................................................ 10 3.0.0 OWNER'S RESPONSIBILITIES............................................................................I.... 20 3.1.0 Owner's Information...................................................................................................... 20 3.2.0 Owner's Representative................................................................................................. 20 3.3.0 Design Professional's Agreement.................................................................................. 21 3.4.0 Site Survey And Reports............................................................................................... 21 3.5.0 Approvals And Easements............................................................................................ 21 3.6.0 Legal Services............................................................................................................... 21 3.7.0 Drawings And Specifications........................................................................................ 21 3.8.0 Cost Of Surveys And Reports....................................................................................... 21 3.9.0 Project Fault Defects..................................................................................................... 21 3,10.0 Funding.......................................................................................................................... 21 3,11.0 Lines Of Communication.............................................................................................. 21 3,12.0 Lines Of Authority........................................................................................................ 21 3.13.0 Permitting & Code Inspections..................................................................................... 21 4.0.0 PERMITTING AND INSPECTION ........................ ...... ............ .... I ......... .... .............. ... 22 4.1.0 Building Permits........................................................................................................... 22 4.2.0 Code Inspections........................................................................................................... 22 5.0.0 SUBCONTRACTS................................................... .................... ...I ... ... ....... I ... I ... ... I... 22 5.1.0 Definition....................................................................................................................... 22 5,2,0 Proposals...................................................................................................................... 22 5.3.0 Required Subcontractors' Qualifications And Subcontract Conditions ........................ 22 5,3.1 Owner's Approval of Subcontractors............................................................................ 22 5.3.2 Subcontractual Relations.............................................................................................. 23 5,3.3 Subcontractual Requirements....................................................................................... 23 5.4.0 Responsibilities For Acts And Omissions.................................................................... 24 5.5.0 Subcontracts To Be Provided........................................................................................ 24 4 N m N t a x d Q. E 0 U N 0 a Cn 0 ti 0 m x w U. I c m E a 0 0 c d t 0 r a Packet Pg. 636 11.D.5 ARTICLE DESCRIPTION PAGE 6.0.0 SCHEDULE, TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 24 6.1,0 Project Substantial Completion Date, Project Final Completion Date And Owner Occupancy Date 24 6.2.0 ................................... I ..... I ............... , ................... I ........ I ......... Liquidated Damages........................................................................................................ 25 621 For Delay in Substantial Completion................................................................................ 25 622 For Delay in Final Completion.......................................................................................... 25 6.2.3 Construction Manager Delay............................................................................................. 25 6.2.4 Date of Owner Occupancy................................................................................................. 26 7.0.0 GUARANTEED MAXIMUM PRICE FOR CONSTRUCTION ...................................... 26 7.1.0 Guaranteed Maximum Price (GMT) Proposal................................................................... 26 7.2.0 GMP Amendment (Amendment No. 1) (see, Exhibit E)................................................. 26 8.0.0 CONSTRUCTION MANAGER'S FEE............................................................................... 27 8.1.0 Fee........................................................................................................................................ 27 8.1.1 Preconstruction Phase Fee.................................................................................................... 27 8.1.2 Construction Phase Fee........................................................................................................ 27 9.0.0 COST OF THE WORK................................................................................................... 27 9.1.0 Definition............................................................................................................................. 27 9.2.0 Direct Cost Items................................................................................................................. 30 10.0.0 CHANGE IN THE PROJECT............................................................................................. 30 10.1.0 Change Orders...................................................................................................................... 30 10.1.1 Change Order Definition...................................................................................................... 30 10.1.2 Acceptable Ways Of Determining Increases Or Decrease 30 In The GMP On Change Orders........................................................................................... 30 10.1.3 Itemized Accounting On Change Orders............................................................................. 30 10.1.4 Adjustments In Unit Prices & GMP Due To Inequitable Quantity Changes ....................... 30 10.1.5 Concealed Conditions.......................................................................................................... 30 10.2.0 Claims For Additional Cost Or Time................................................................................... 31 10.3.0 Minor Changes In The Project............................................................................................. 31 10.4.0 Emergencies......................................................................................................................... 31 11.0.0 DISCOUNTS AND PENALTIES....................................................... . ....................... I....... 31 11.1.0 Discounts And Penalties...................................................................................................... 31 12.0.0 PAYMENTS TO THE CONSTRUCTION MANAGER .................................................... 32 12.1.0 Monthly Applications for Payments.................................................................................... 32 12.2.0 Final Payment...................................................................................................................... 33 12.3.0 Payments To Subcontractors............................................................................................... 34 12.4.0 Delayed Payments By Owner.............................................................................................. 34 12.5.0 Payments For Materials And Equipment............................................................................. 34 12.6.0 Withholding Payments To Subcontractors........................................................................... 34 9 Packet Pg. 637 11.D.5 ARTICLE DESCRIPTION 13.0,0 INSURANCE, INDEMNITY AND WAIVER OF SUBROGATION ............................... 13.1.0 Indemnity ............................................................................................................................. 13.2.0 Construction Manager's Insurance....................................................................................... 13.3.0 Owner's Insurance................................................................................................................. 13A.0 Other Insurance Terms.......................................................................................................... 13.5.0 Waiver Of Subrogation........................................................................................................ PAGE 35 35 35 38 38 38 14.0,0 TERMINATION OF THE AGREEMENT AND OWNER'S RIGHT TO PERFORM 39 CONSTRUCTION MANAGER'S OBLIGATION............................................................. 14.1.0 Termination By The Construction Manager........................................................................ 39 14.2.0 Owner's Right To Perform Construction Manager's Obligations And Termination 39 ByOwner For Cause........................................................................................................... 14.3.0 Termination By Owner Without Cause............................................................................... 40 15.0.0 ASSIGNMENT AND GOVERNING LAW....................................................................... 41 15.1.0 Assignment Consent............................................................................................................ 41 15.2.0 Governing Laws................................................................................................................... 41 16.0.0 NOTICE OF CLAIM; WAIVER OF REMEDIES; PROCEDURE FOR DELAY CLAIM 41 16.1.0 Notice of Claim..................................................................................................................... 41 16.2.0 Resolution of Claims and Disputes, Generally..................................................................... 42 16.3.0 Venue..................................................................................................................................... 42 16.4.0 Remedy for Delay.................................................................................................................. 42 16.5 Waiver of Consequential Damages........................................................................................ 42 17.0.0 MISCELLANEOUS 42 17.1.0 Harmony................................................................................................................................ 42 17.2.0 Apprentices............................................................................................................................. 43 17.3.0 Applications for Payment....................................................................................................... 43 17.4.0 Construction Manager's Project Records............................................................ ................. 43 17.5.0 Minority Participation............................................................................................................ 43 17.6.0 Construction Managers Payment Rights................................................................................ 43 17.7.0 Public Entity Crime Information Statement............................................................................ 43 17.8.0 Unauthorized Aliens................................................................................................................ 43 17.9.0 Electronic Mail Capabilities.................................................................................................... 44 17.10 Captions and Section Headings............................................................................................... 44 17.11 Agreement Preparation........................................................................................................... 44 17.12 Third Party Beneficiaries ............... ...................................................................................... 45 17.13 Definition of "day»................................................................................................................. 45 17.14 Statutory Disclosures................................................................................... 45 6 Packet Pg. 638 11.D.5 EXHIBITS DESCRIPTION A Construction Team Assigned Representatives B Construction Manager's Personnel 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 Staff 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 r a Packet Pg. 639 11.D.5 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 Pre -construction 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 - This Amendment to Contract No, 17-7198 , "Agreement for Construction Manager at Risk Preconstruction Phase Services Collier County Sports Complex" located in ti 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 initial Phase 0 — GMP#01 Lake Excavation, Clearing & Grubbing guaranteed maximum proposal, establish the Construction Manager's Fee and to include all other provisions necessary to promote w the successful subsequent performance of the Construction Phases of the project. This Amendment S supersedes any prior negotiations or representations with respect to the Construction Phase Services U. for this project. 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 Q (GMP) are sufficiently complete, an Amendment to the Agreement shall be signed by the Owner 00 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 E specifications and other documents upon which the GMP is based from the Design Professional; z (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 Q Representative along with its GMP Proposal (see, subsection 7.1.0). 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 Summar Section Two: GMP Clari ications and Assum Lions Section Three: General Conditions Budget Estimate Section Four: Allowances (if required) Section Five: GMP Bid Tabulations and Recommendations Section Six: Pmliminar) Construction Schedule Packet Pg. 640 11.D.5 Section Seven Document Rider — List of Contract Documents (including Plans and Specifications to which the GAP Budget is based upon) Section Eight Site Utilization Plan Section Nine Value Engineering Tracker (if required) 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: 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 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. ARTICLE 2 CONSTRUCTION MANAGER'S SERVICES The services which the Construction Manager shall provide include, but are not limited to, those described o� 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. c 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 GMT Proposal and upon the r Owner's issuance of a Notice to Proceed (hereinafter the "Commencement Date"). Until the Project has a 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 portion of the Work, carefully study and compare the various Contract Documents Packet Pg. 641 11.D.5 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. 2.3 Job -Site Facilities and Weather Protection (1) Job -Site Facilities — The Construction Manager shall arrange for all job -site facilities necessary 13 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 E but are not limited to such things as trailers, toilets, computers and any other equipment Q 00 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. c 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 r equipment pool. a For all such facilities purchased which may 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. 10 Packet Pg. 642 11.D.5 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, Z.- its representatives and the Design Professional, with sufficient copies of the documents as m required to identify their scopes during the Construction Phase, identifying milestones, w beginning and finishing dates, their respective responsibilities for performance and the 5 relationships of their work with respect to suppliers and other subcontractors. The Construction U. i Manager shall also continue to provide current scheduling information and provide direction and coordination regarding milestones, beginning and finishing dates, responsibilities for 3 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 Q development of construction progresses in a smooth and efficient manner in conformance with 00 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 z 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 Q 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 proposal 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; 11 - Packet Pg. 643 11.D.5 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 request at least three (3) firms to submit sealed written proposals based on approved plans and specifications. The written 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 proposal. In obtaining bids/proposals, the Construction Manager shall seek to ensure that its award practices provide fair and equitable opportunities for vendors/contractors to respond to the Owner's needs. The Construction Manager shall request at least three (3) firms to submit sealed written proposals based on approved plans and specifications. The Construction Manager shall obtain competitive pricing and endeavor to obtain at least a minimum of three (3) proposals, when available. These proposals shall be based on approved plans and specifications. Bids shall be received and submitted to the Design Professional and the Owner for approval. 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 c that these entities are not disqualified from the subcontractor bidding process or from E being awarded a subcontract solely because of this relationship. This provision is not applicable to this phase of the Work. r a (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 12 Packet Pg. 644 11.D.5 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. (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 c�c advise the Owner and Design Professional of their validity and reasonableness, acting in the Q 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 13 Packet Pg. 645 11.D.5 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. 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 i 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: Schedule the services of independent testing laboratories and provide the necessary Q 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 14 Packet Pg. 646 11.D.5 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. (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, w and payment of applications by Subcontractors for progress and final payments. U. (e) Document Interpretation - Refer all questions for interpretation of the documents prepared by the Design Professional to the Design Professional. E (f) Reports and Project Site Documents - Record the progress of the project. Submit written 4 progress reports to the Owner and the Design Professional including information on the o00, subcontractor's work, and the percentage of completion. Keep a daily log available to Ir 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 z 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 Q reached a stage of Substantial Completion, (A) the Design Professional shall inspect the work and 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 15 a Packet Pg. 647 11.D.5 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 of Substantial Completion of the Work. (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. (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: E z Contracts or Purchase Orders Shop Drawing Submittal/Approval Logs Q 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 16 Packet Pg. 648 11.D.5 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. (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 d progress prints to provide as much accuracy as possible. Q 00 CD 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", r� "Record Drawing", and "Warranty" requirements specified in paragraphs 2.4(10)h, 2.4(10)j, 2.4(10)k, and 2.4(13) have been completed to the Owner's satisfaction excluding the requirements for a warranty inspection nine months after Owner Occupancy. z (13) Warranty - Construction Manager warrants, for a period of one (1) year from the issuance Q 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 17 Packet Pg. 649 11.D.5 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 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)). 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. (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 18 r a Packet Pg. 650 11.D.5 MERCHANTABILITY. Owner expressly assumes all risk of any and all 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 pant, by appropriate testing. If any adverse condition exists, are discovered, and/or become known to 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. (15) Owner's Material/Equipment Direct Purchase Program - Notwithstanding any provision in this Agreement to the contrary, Owner may elect, at its sole and absolute discretion, to purchase materials/equipment directly from vendors for use in connection with this Project in accordance with the following terms and conditions. Construction Manager's contracts with trade subcontractors should reflect Owner's option to purchase. (a) 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. (b) 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 material s/equipment. (c) 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. r (d) Purchase orders for direct purchase items shall be prepared by Owner and issued Q directly to the vendor(s). (e) 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. (f) 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. 19 Packet Pg. 651 11.D.5 (g) Owner's Representative will have each vendor forward to Construction Manages` 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. (h) 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 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. (i) 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. 0) 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. With regard to the scope of Work included in this Amendment, this provision does not apply. 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 bonds and warranties provided by Construction Manager to Owner under this Agreement and all warranties provided under purchase orders. 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 d 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, Q 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. 20 Packet Pg. 652 11.D.5 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. 3.5 N Approvals and Easements - The Owner shall pay for necessary approvals, easements, assessments y and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities a x d 3.6 Legal Services - The Owner shall furnish such legal services as may be necessary for providing the E items set forth in Article 3.5 and such auditing services as Owner may require. v 3.7 Drawings and Specifications - The Construction Manager will be furnished a reproducible set of c all copies of Drawings and Specifications reasonably necessary and ready for printing. n Cn 3.8 Cost of Surveys & Reports - The services, information, surveys and reports required by the above c shall be furnished with reasonable promptness in accordance with the approved paragraphs schedule at the Owner's expense, and the Construction Manager shall be entitled to rely upon the accuracy and completeness thereof. m x w 3.9 Project Fault Defects - If the Owner becomes aware of any fault or defect in the Project or non- U. conformance with the drawings and specifications, Owner shall give prompt written notice thereof to the Construction Manager and Design Professional. c 3.10 Funding — The Owner shall furnish in accordance with the established schedule, reasonable E evidence satisfactory to the Construction Manager that sufficient funds will be available and Q committed for the cost of each part of the Project. The Owner's performance and obligation to pay o00, under this agreement is contingent upon an appropriation of funds by the Collier County Board of Ir 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 z Cause" shall be deemed to have occurred. The Construction Manager shall not commence any work, unless authorized in writing by the Owner. Q 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. 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). 21 Packet Pg. 653 11.D.5 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 4 00 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 z 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. Q 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 contact 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. 22 Packet Pg. 654 11.D.5 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. If requested by Construction Manager and paid for by the Owner, subcontractor default insurance (SDI) may replace the subcontractor bond requirements provided in this section (in whole or in part). (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. z (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, Q 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 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 23 Packet Pg. 655 11.D.5 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 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. 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. 24 Packet Pg. 656 11.D.5 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. Adcordingly, 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 6.2.1 and 6.2.2, 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. 6,2,1 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, 6.2.2 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, 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. 6,23 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 25 Packet Pg. 657 11.D.5 Change Order or equitable adjustment covering all costs incurred by Construction Manager, including additional General Conditions costs, insurance premiums, and bond costs. 6.2.4 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. 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 pant 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 0 — GMP#O1 Lake Excavation, Clearing & Grubbing Work, 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 3 to determine the Construction Manager's cost of work. The Construction Manager acknowledges E that the GMP includes an amount designated as the Owner's Contingency. The Owner's Q 00 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. GMP Proposals covering subsequent construction phases of the project shall be submitted as set forth herein and included in separate amendments to the Agreement. z If bids are received above the applicable line item in the GMP, and Owner accepts the GMP Proposal, the deficiency will be taken from the Owner's Contingency, however such events shall Q not be a cause to increase the GMP, If bids are not received for a portion of the work at or below the applicable line item amount in the GMP, the Construction Manager reserves the right to perform that portion of the work as acknowledged by the Owner or negotiate for its performance for the specified line item lump sum amount or less. 26 r° Packet Pg. 658 11.D.5 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, 8.1.2 and 8.1.3. 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), attested as to Chairman's signature only on February 26, 2018. 8. l .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 0 — GMP#01 Lake Excavation, Clearing & Grubbing Work 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. further amendments to the Agreement. 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 o, 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. d 9.2 Direct Cost Items — The listing below identifies eligible Direct Cost Items, as follows: Cost of Construction Manager's Staff at its Construction Manager's Standard Staff Rates (see Q 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 consumed in the performance of the work, cost on such items used but not consumed which 27 Packet Pg. 659 11.D.5 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, Ir including handling claims for changes by Subcontractors and Vendors, subject to the following limitations: d E (a) The Owner approved incurring such costs in advance, which approval shall not be unreasonably denied; and a (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). 28 Packet Pg. 660 11.D.5 (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 forbidding 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 Construction Manager's discretion, the Construction Manager " may include 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 c therein. The purpose of the Owner's Contingency is to protect the Construction Manager's E budget and schedule, including additional costs resulting from, but not limited to, subcontractor Q 00 defaults, but only to the extent not covered by subcontractor bonds and/or default insurance; overtime, re -work or delays, if not caused by gross negligence or omissions of the Construction Ir Manager or its Subcontractors or suppliers; General Conditions costs, commodity shortages (including but not limited to fuel, steel and cement), labor shortages; unusual weather and/or unavoidable casualties; or other causes unless due to the gross negligence of the Construction Manager. 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 r Amendment, Construction Manager shall specify the portion of the Owner's Contingency a 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. 29 Packet Pg. 661 11.D.5 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. m x w 10,1.3 If none of the methods set forth in Clause 10.12 is agreed upon, the Construction Manager, provided U. 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 E estimated cost of the work and the Construction Manager shall not perform any work whose cost Q 00 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 Q 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 from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this at Packet Pg. 662 11.D.5 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 E and not inconsistent with the intent of the Drawings and Specifications. Such changes shall be Q 00 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. c 10.4 Emergencies E z 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 Q 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 All discounts 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 31 Packet Pg. 663 11.D.5 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 2.1.5, 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 00 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 z 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 Q 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 32 Packet Pg. 664 11.D.5 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 218.73 5, F.S. after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 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 c 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 w not discovered by the Design Professional or Project Manager at the time of final inspection.U. The final payment of retainage shall not be made until the Project has been inspected by the Design 13 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, E specifications, and approved change orders and until the Owner's Representative has accepted the Q 00 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, d 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 Q 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 33 Packet Pg. 665 11.D.5 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. 12A Delayed Patents 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 in the work 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 WithholdingPayments 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. a 34 Packet Pg. 666 11.D.5 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 z 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 Q 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 35 Packet Pg. 667 11.D.5 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 Q 00 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. c d (4) No work shall commence at the Project site unless and until the required Certificates of z Insurance are received and the written Notice to Proceed is issued to the Construction Manager by the Owner, Q (6) 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. 36 Packet Pg. 668 11.D.5 "Insurance Requirements" INSURANCE TYPE 1. Worker's Compensation 2, Commercial General Liability Patterned after the Current I.S.O. Occurrence Form. 3, Automobile Liability Owned/Non-Owned/Hired Automobile Included. 4. Other Insurance below: a) Professional Liability REQUIRED LIMITS Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Policy must include Employers' Liability with a limit of $1,000,000 each accident. Bodily injury & Property Damage $2,000,000 Single Limit Per Occurrence $1,000,000 Each Occurrence $1,000,000, if required. 6) Builder's Risk Insurance, to be paid by the Owner, shall be included in the GMP proposal (Exhibit E). 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. 3/ a Packet Pg. 669 11.D.5 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. (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 m Manager waive all rights against each other for damages caused by perils covered by insurance Q provided under Article 13 to the extent covered by such insurance, except such rights as they 00 may have to the proceeds of such insurance held by the Owner and Construction Manager as T" trustees. The Construction Manager shall require similar waivers from all subcontractors and their sub -subcontractors. c d (2) The Owner and Construction Manager waive all rights against each other for loss or damage z 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- Q 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. 38 Packet Pg. 670 11.D.5 ARTICLE 14 TERMINATION OF THE AGREEMENT AND OWNER'S RIGHT TO PERFORM CONSTRUCTION MANAGER'S OBLIGATIONS 14.1,1 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 E own forces, the Owner may, after seven (7) business days written notice during which period Q 00 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 c�c r below. Q (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 39 ,t Packet Pg. 671 11.D.5 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 c (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, Q 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, 40 Packet Pg. 672 11.D.5 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 Thirty (30) 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 ten (10) 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 Q 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 representatives of Contractor with full decision -making authority and by Owner's County Manager 41 Packet Pg. 673 11.D.5 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 E z the Work. r ARTICLE 17 a 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 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 42 Packet Pg. 674 11.D.5 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 c� payments by the State for travel expenses. 17.4 Construction Manager's Project Records - The Construction Manager's Project Records shall be x maintained as prescribed hereinabove and shall be made available to the Owner or its authorized 2 a representative at mutually convenient times. E 17.5 0 U Minori1y 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 0 a minority participation. v� 17.6 0 Construction Manager's Payment Rights Owner shall make payments in accordance with Chapter c 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. x w 17.7 Public Entity Crime Information Statement - "A person or affiliate who has been placed on the �i 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 E Construction Manager, supplier, subcontractor, or consultant under a contract with any public 00 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 I; being placed on the convicted vendor list." 17.8 c Immigration and E-Verify: By executing and entering into this agreement, the Contractor 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. 0 1324, et sec . and regulations relating thereto, as either may be amended. Failure by the Contractor Q to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 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 not a substitute for any other employment eligibility verification requirements. The program will 43 Packet Pg. 675 11.D.5 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 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 providinz both the acceptable E-Verify evidence and the executed affidavit the bidder's / Contractor's proposal may be deemed non -responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. 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. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sec ., 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 County shall have the discretion to unilaterally terminate said agreement immediately. 17.9 Electronic Mail Capabilities - The Construction Manager must have electronic mail capabilities o� 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. d 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, r a 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 — 44 Packet Pg. 676 11.D.5 (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. Q 2. Upon request from the public agency's custodian of public records, provide the public 00 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 r: 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 z the contract term and following completion of the contract if the Construction Manager does not transfer the records to the public agency. Q 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 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. 45 r Packet Pg. 677 11.D.5 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. r a 46 Packet Pg. 678 11.D.5 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.Casalan ug ida@colliercou=fl.gov NickCasalan uida ,CollierGov.net Tel: (239) 252-8383 Margaret Bishop, P.E. Principal Project Manager Margaret.Bishop@colliercouMfl.gov Facilities Management 3335 East Tamiami Trail, Suite 101 Naples, Florida 34112 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 9201 Naples, Florida 34104 Josh a davidsonen ing eerieg com Tel: (239) 434-6060 (office) Tel: (239) 877-3480 (cell) Fax: (239) 434-6084 a Packet Pg. 679 11.D.5 EXHIBIT B CONSTRUCTION MANAGER'S KEY PERSONNEL ASSIGNED TO THE PROJECT Gordon Knapp Senior Vice President Josh Willard Operations Manager John Begani Chief Estimator David Puls Project Director Ken Masse Senior Superintendent Dean Ramineh Senior Safety Manager Betty Lounds Field Office Manager Future Phases Area Project Superintendent Future Phases Area Project Superintendent Future Phases Sr. Project Manager Future Phases Project Manager Future Phases Assistant Project Manager Future Phases Sr Project Engineer N a� IL x (D a 0 U 0 Cn 0. ti 0 a� x w w i c a� E Q 00 a) c aD E U r r Q Packet Pg. 680 11.D.5 EXHIBIT C CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No, PROJECT: CONSTRUCTION MANAGER Contract For Contract Date DESIGN PROFESSIONAL's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To: OWNER And To: Phase 0 — GMP#01 Lake Excavation, Clearing & Grubbing Work 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. a Packet Pg. 681 11.D.5 The responsibilities between OWNER and CONSTRUCTION MANAGER for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: 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 DESIGN PROFESSIONAL 201 By: Type Name and Title CONSTRUCTION MANAGER accepts this Certificate of Substantial Completion on , 201_ E z 01 r CONSTRUCTION MANAGER Q Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 201_ OWNER By: Type Name and Title Packet Pg. 682 11.D.5 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 Counter 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 Phase 0 — GMP#1 Lake Excavation, Clearing & Grubbing for Collier County Sports Complex on the real property known as Collier County Sports Complex, having the address of Naples, Florida. 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 Xnapp, Senior Vice President - Florida E z Sworn to and subscribed before me this day of 201 , by Gordon Knapp the Senior Vice President — Florida of Manhattan Construction (Florida), Inc., who Q personally known to me or produced as identification, and did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of 201 My Commission Expires: Notary Public State of Florida at Large Typed, printed or stamped name of Notary Public Packet Pg. 683 11.D.5 EXHIBIT E GMP PROPOSAL (See, E.1 attached) N d fA R L a x a� a E 0 U 0 Q Cn r Q Packet Pg. 684 11.D.5 CoIller County, FL Collier County Sports Complex Exhibit G - GMP Proposal: Phase 0 - GMP#01 Lake Excavation, Clearing & Grubbing September 17, 2018 Prepared for: Collier County Government Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112-5746 Prepared by: 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 Co 7eY C014 'l ty Contents 1. GMP Budget Summary 2. GMP Clarifications and Assumptions 3. General Conditions Budget Estimate 4. Allowances (not required for this phase) 5. GMP Bid Tabulations and Recommendations 6. Preliminary Construction Schedule 7. Document Rider — List of Contract Documents (including Plans and Specifications to which the GMP Budget is based upon) 8. Value Engineering Tracker (not required for this phase) a Manhattail Packet Pg. 685 11.D.5 Co ler C01.1.ty Section One - GMP Budget N O N O t a x d Q. E 0 U N 0 0. N a Packet Pg. 686 11.D.5 R • • ALT 8001 DRAINAGE UTILITIES Included Subcontractor Bond and Insurances 273 606.00 JENSEN 3.5% MCFFEE 9,572.71 1.175% CM Insurances 3,213.70 0.705% CM P&P Bond 1,950.87 ALTODITOTAL 288,243.28 ALT #002c CRUSH ROCK ONLYISTOCKPILE (Included Subcontractor Bond and Insurances) 721,418.02 SOUTH FLORIDA 3.5% MCF FEE 26,249.63 1.175% CM Insurances 8,476.66 0.705% CM P&P Bond 5.145.76 ALT #002c TOTAL ! 760,290.07 O ti 0 V d x W U. r C d E a 00 CD T" �.i C d E t C� a+ a Data Print 9/17/2018 CCSC PHASE 0 ESTIMATE SUMMARY20180917_9.P.AeX Packet Pg. 687 Eetlmale Summary Sheet 11.D.5 Co -ter C0,414ty Section Two - GMP Clarifications and Assumptions II, N O N O t a x d Q. E 0 U N 0 0. N a Packet Pg. 688 11.D.5 Builder -Driven Pre -Construction`" L' Clarifications & Assumptions Collier County Sports Complex — Phase 0 Naples, Florida Construction Documents September 17, 2018 GENERAL ITEMS 1. We assume unrestricted access to the work sites per the Site Utilization Plan, 2. We have excluded any costs for hazardous materials removal and/or mitigation and/or Tiff fees for contaminated soils. 3. Independent or police jobsite night time security has not been included. 4. We have included a 6' high temporary fence at the project entrance only. Includes swing gates and fencing to wooded area only. 5. All independent laboratory testing is not included and assumed to be provided by Owner. BPOIA PROJECT MANAGEMENT 1. Payment and performance bonds are included. 2. Sales tax is included. 13 3. GMP Schedule assumes a NTP to be issued one (1) week after the scheduled September 25, 2018 Board Meeting on October 2, 2018, Substantial Completion is scheduled for May 23, 2019 which is E 234 Calendar Days from NTP date. 4 00 4. Costs for General Conditions (Staff) and General Requirements are included for seven (7) months CD in the GMP. It is assurned that Phase 1 work will begin on May 1, 2019. Phase 1 General Conditions (Staff) and General Requirements are not included in this GMP. c d BP02A SITE WORK E 1. GMP includes work associated with providing a Temporary Road to provide construction access to Q the project jobsite and does not include final grade and/or asphalt or Permanent Road. Temporary drainage under the road is provided by three (3) 12" corrugated plastic pipes. 2. GMP excludes any new berms. GMP includes lake banks only. 3. GMP includes only import fill for the Temporary Road, Site is assumed to be balanced and all material will be stockpiled on site. Manhattan I t I31111ding �'cellcttre, Packet Pg. 689 11.D.5 Builder -Driven Pre -Construction' 4. Alt #002 includes work associated with crushing all rock excavated from Lake and stock piled onsite only (refer to Item #17), BP02B SITE UTILITIES 1. None, r a Manhattan 12 Building avicellenix. Packet Pg. 690 11.D.5 Co Mer County Section Three - General Conditions Budget Estimate II. a Packet Pg. 691 u I 0 � �^ � � 1 i h tii cl - - — - - - - - - - - - - N J__ _ _ ___ _l__ ---- -- ----- x .R �- E 0 ___ __ O Cn N 0 x J-1 LL o a 0 0 0 0 0 0 ol 0 0 0 0 0 Co CD T" Ml (9 < z < 0 LU Q z ZW z 0 0 gu< 93 Z <Ni Z w L�lua' z ui 1800 = ul w owoo Z a: NNt-u 0 z j3 z F ' ' 0 z LI z 0 c W W c a'0� 2 0 W 2 z 0 Z a. 0 _W fa Packet Pg. 692 11.D.5 N — r • .L C L C G L C .L C L C .G C L C C t C C o � C • � I $ Q K O g • N � C • � o H c � 4 E O 2 I Z Z F W � Z K O K � • W Z 0S I W K WO W s� Q 2 r m K Z K W Q Z U OO y Z o U O Fa- 2' F- \ Cr(9 O Co> O m ON SZ F pp } N W d N W N W Oo¢ N �LL W a N oaWW z O K <W9Z OL(Q� qWW{ Q cc ui Z u`0— • • I1 ( N � N � yNI N vN} N O t0'1 qO} Y O V�I Hill 0 h m N O O) a Packet Pg. 693 11.D.5 co 76Y County Section Four - NotApplicable for this phase. II. N O N O t a x d Q. E 0 U N 0 0. N O ti 0 x W U. 0 E a CO CD c w E m U 0 a Packet Pg. 694 11.D.5 CO leV COUnty Section Five - N O N O t a x d Q. E 0 U N 0 0. 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Packet P g. 6 9 6 fL W o 7j 11� V d Ur 9 N o N N LL K = C C N Q �au� a cc¢mmm 0 ova �m ? o 0 � as 11.D.5 COLLIER COUNTY SPORTS COMPLEX AND EVENT CENTER ENGINEER'S ESTIMATE - PHASE ZERO 9/17/2018 BID SCHEDULE - PROPOSED SITE WORK Scope of Work Quantity Unit Unit Price, Total Price Initial Site Design 11 Mobilization /.General Conditions 1 LS $83,077.39 = $ 83,077.39 2 Traffic Maintenance BY MC LS BY MC = BY MC 3 Drop Inlet Barriers 2 EA $1,140.00 = $ 2,280.00 4 Silt Fence (Includes Maintenance) 20,200 LF $2.00 = $ 40,400.00 5 Double Row Turbidity Curtain 106 LF $28.60 = $ 3,031.60 6 Clearing and Grubbing (CLEARING EXHIBIT - SHEET 2) 53.0 AC $3,670.00 = $ 194,510.00 7 Clearing and Grubbing (CLEARING EXHIBIT -SHEET 3) 6.0 AC $5,420.00 = $ 32,520.00 a Clearing and Grubbing (CLEARING EXHIBIT -SHEET 4) 2.05 AC $11,940.00 = $ 24,477.00 9 Imported Fill (Temp Road) 2,300 CY $18.70 = $ 43,010.00 10 Load, haul, grade (temp road) 4,000 CY $3.25 = $ 13,000.00 11 Sod - Bahia 7,920 SY $3.80 = $ 30,096.00 12 Site Grading (Rough) 11,500 sY $1.10 = $ 12,650.00 13 Lake Blasting (9' Deep) 11.2 AC $53,549.11 = $ 599,750.00 14 Lake Excavation (fill; 3' depth) 56,851 CY $2.95 = $ 167,710.45 15 1 Lake Excavation (rock; 9' depth) 142,534 CY $3.65 = $ 520,249.10 TOTAL INITIAL SITE DESIGN CONSTRUCTION = $ 1,766,761.54 ALT #002 161 Mobilization / General Conditions 1 LS $15,874.72 $ 15,874.72 17 Rock Crushing (stock pile only) 142,534 CY $4.95 = $ 705,543.30 TOTAL INITIAL SITE DESIGN CONSTRUCTION =I $ 721,418.02 ALT #001 Drainage Utilities 18 Mobilization / General Conditions LS = $ - 19 30" Reinforced Concrete Pipe LF = $ _ 20 42" Reinforced Concrete Pipe LF = $ . 21 30" FES EA = $ _ 22 P-7 Junction Box EA = $ - 231 Control Structure EA = $ 24 Drainage Structure Modification (Type H Box) EA = $ - 25 Excavation for Structure install EA = $ 26 Rock Trenching LF = $ - TOTAL DRAINAGE UTILITY CONSTRUCTION = $ 1 - OVERALL TOTAL SITE CONSTRUCTION =I s.2 q I? �93- 7. AUTHORIZATION Name of Bidder/Company 6) LA-r—k `r I Cry; d a— �2>/�c� ; c�, f ,.-i C" "'—S ; ej 4-- Name of Authorized Person (printed) Title Signature of Authorized Person Date Packet Pg. 697 11.D.5 COLLIER COUNTY SPORTS COMPLEX AND EVENT CENTER ENGINEER'S ESTIMATE PHASE ZERO 9�17'2018 BID SCHEDULE - PROPOSED SITE WORK Scope of Work lQuantityl Unit Unit Price Total Price Initial Site Design 11 Mobilization / General Conditions LS - N/A ## Traffic Maintenance LS - N/A ## Drop Inlet Barriers EA = N/A Hit Slit Fence (Includes Maintenance) LF - N/A #t# Double Row Turbidity Curtain LF = N/A ## Clearing and Grubbing (CLEARING EXHIBIT- SHEET 2) AC - N/A ## Clearing and Grubbing (CLEARING EXHIBIT - SHEET 3) AC = N/A ## Clearing and Grubbing (CLEARING EXHIBIT- SHEET 4) AC - N/A Irnported Fill (Temp Road) CY = N/A Load, haul, grade (temp road) CY = N/A r44##.Lake So'd - Bahia SY = N/A Site Grading (Rough) SY = N/A Blasting (9' Deep) AC = N/A ## Lake Excavation (fill; 3' depth) CY = N/A ##t Lake Excavation (rocl<; 9' depth) CY = N/A TOTAL INITIAL SITE DESIGN CONSTRUCTION = N/A ALT #002 161 Mobilization / General Conditions N/A 17 Rocl< Crushing (stocl< pile only) N/A TOTAL INITIAL SITE DESIGN CONSTRUCTION = N/A ALT #001 Drainage Utilities 18 Mobilization / General Conditions 1 LS $4,042,00 = $ 4,042,00 19 30" Reinforced Concrete Pipe 260 LF $103,50 = $ 26,910.00 20 42" Reinforced Concrete Pipe 715 LF $151,60 = $ 108,394,00 21 30" FES 4 EA $4,822,00 = $ 19,288.00 22 P-7 Junction Box 2 EA $3,485.00 = $ 6,970.00 23 Control Structure 5 EA $5,598.00 = $ 27,990.00 24 Drainage Structure Modification (Type H Box) 1 EA $3,287.00 = $ 3,287.00 25 Excavation for Structure Install 7 EA $5oo.00 = $ 3,500.00 26 Rocl( Trenching 975 LF $75.00 = $ 73,125.00 TOTAL DRAINAGE UTILITY CONSTRUCTION = $ 273,506.00 OVERALL TOTAL SITE CONSTRUCTION = $ - 7. AUTHORIZATION Name of Bidder/Company 1 b l/h. Name of Authorized Person (printed) 06p,jC'� U�d or yruy�'J 0P- 1, �s, 'L� hc., o)t' V� M C,h l-�'e�- Person Date i Packet Pg. 698 11.D.5 SINCE 1946 ENGINEERING September 14, 2018 VIA E-MAIL: KMasse rr ManhattanConstruction,com Mr. Ken Masse Manhattan 3705-1 Westview Drive Naples, Florida 34104 Re, Survey Layout and As -built Information at City Gate Phase Three Dear Mr, Masse: The following scope of services is to define the constriction staking and as -built data collection to be provided by Johnson Engineering, Inc. (CONSULTANT) at City Gate Phase Three and is based on the design plans prepared by Davidson Engineering dated 3/26/2018 and the attached color -coded master drainage plan (sheet C-21,02). Horizontal data will be in feet and shall be projected on the Florida State Plane Coordinate System, East Zone, NAD83(2011), Vertical data will be in feet and shall be referenced to the North American Vertical Datum of 1988 (NAVD88). Lake, Sports Complex Laydown Area, and Drainage Easements (Blue) Construction Staking CLIENT Responsibilities: The CLIENT shall provide complete and approved civil engineering design plans, architectural/structural building plans and utility conduit/crossing plans in digital AutoCAD and PDF formats. The CLIENT shall also provide complete and approved electrical plans depicting the location of light poles, transformers and hand holes in digital AutoCAD and PDF format. The CLIENT shall be responsible for ensuring that the site is in a suitable condition at the time construction staking is requested. Suitable condition includes, but is not limited to, clearing the area of various vehicles, materials, and personnel. If CLIENT fails to provide suitable conditions prior to survey requests, additional charges for travel time to and from the site will be billed for that day. CLIENT is responsible for coordinating and scheduling surveying tasks at least 48 hours in advance. ALL additional staking requests beyond the scope contained herein and ALL re -staking will be considered additional services and, upon approval by the CLIENT, will be billed on a time and materials basis. a 2350 Stanford Cmirt ■Naples, Florida 34112 (239) 434-0333 ® Fax (239) 434-9320 Packet Pg. 699 11.D.5 September 14, 2018 Page 2 CONSULTANT Responsibilities: The CONSULTANT shall perform the following tasks for construction staking. All construction staking is on a one (1) time basis and is limited to the items listed below. 1. Survey Control/Proiect Limits The CONSULTANT shall: a. Establish horizontal and vertical control necessary to perform the construction staking. b. Stake the centerline of the silt fence for installation at 100-foot intervals on tangents and 50-foot intervals on curves, including angle points, points of curvature, and points of tangency for approximately 24,180 linear feet. 2. Earthwork The CONSULTANT shall: a. Stake and grade the edge of proposed laydown area at 100-foot intervals on tangents and 50-foot intervals on curves, including angle points, points of curvature, and points of tangency for construction. b. Stake and grade with offsets to the centerline of the berm at 100-foot intervals on tangents and 50-foot intervals oil curves, including angle points, points of curvature, and points of tangency for approximately 2,760 linear feet. 3. General Storm Water The CONSULTANT shall: a. Stake the centerline of 12 storin water structures with two (2) in line offsets each, one (1) tune for construction. The CONSULTANT shall set a benchmark near the structures. b. Stake and grade the lake control line for excavation at 100-foot intervals on tangents and 50-foot intervals on curves, including angle points, points of curvature, and points of tangency for approximately 3,200 linear feet. As -Built Data Collection c The CONSULTANT shall perform the following tasks for as -built data collection. All E as -built data collection tasks will be performed on a one (1) time basis. If arr item or facility requires repairs or modifications after the initial as -built data collection, the Q CLIENT agrees that subsequent as -built data collection of the repaired or modified facilities will be considered additional services and, upon approval by the CLIENT, will be billed on a time and materials basis, The location of underground facilities or structures other than those specifically listed below are excluded from this scope. Unless otherwise noted, all as -built data will be provided in digital CAD format directly to the engineer of record and a separate survey drawing is not included as a part of this scope. General Storm Water The CONSULTANT shall: a. Obtain horizontal and vertical data for newly constructed drainage structures to include the following: pipe diameter sizes, grate/rim elevations, Packet Pg. 700 11.D.5 September 14, 2018 Page 3 dimensions of mitered end sections, invert elevations, and edge of pavement elevation for throat inlets. b. Obtain horizontal and vertical data for the top of bank and control elevation for the lake. c. Prepare a hydrographic exhibit for the lake, delineating the proposed grade break and bottom elevations. d. Obtain horizontal and vertical data for the weir structure to include top and invert elevations, size of openings in the structure, and pipe diameter size. e. Obtain elevations of the constructed berms and swales at 100-foot intervals for approximately 2,760 linear feet. Storm Water Control Structures The CONSULTANT shall: a. Obtain the horizontal location on the control structure. b. Obtain the outside and inside dimensions of the structure. c. Obtain the grate elevation and top/bottom elevations of the structure, along with invert elevations and pipe diameter sizes. d. Obtain the invert elevation and size of orifices located in the walls of the control structure. e. Obtain the size and elevations of weir structures within the control structure or in the side of the structure. Lump Sum Fee: $27,405.00 If you have questions about this proposal or need additional information, please contact me at (239) 434-0331 Sincerely, c JOHN ON ENGINEERING, INC. E J-1 r a Baz7y E. Syre, M. Surveying Manager Packet Pg. 701 11.D.5 COLLIER COUNTY SPORTS COMPLEX AND EVENT CENTER ENGINEER'S ESTIMATE - PHASE ZERO 9/17/2018 BID SCHEDULE - PROPOSED SITE WORK Scope of Work Quantity Unit,. Unit Price Total Price Initial Site Design 1 Mobilization / General Conditions 1 LS $62,034,24 = $ ' ` "'62,034.24 2 Traffic Maintenance BY MC LS BY MC = BY MC 3 Drop Inlet Barriers 13 EA $300.00 _ $ " `3,900.00 4 Silt Fence (includes Maintenance) 21,765 LF $2.00 = $ 43,530.00 5 Double Row Turbidity Curtain 113 LF $24.00 _ $ 2,712.00 6 Clearing and Grubbing (CLEARING EXHIBIT - SHEET 2) 62.2 AC $4,900,00 = $ 304,780.00 7 Clearing and Grubbing (CLEARING EXHIBIT - SHEET 3) INC AC $0.00 = INC ABOVE 8 Clearing and Grubbing (CLEARING EXHIBIT - SHEET 4) INC AC $0.00 = INC ABOVE 9 Imported Fill (Temp Road) 11,181 Cy $4.50 $ 50,314.50 10 Load, haul, grade (temp road) 2,919 Cy $4.50 = $ 13,135.50 11 Sod - Bahia 7,920 SY $3.80 _ $ 30,096.00 12 Site Grading (Rough) 11,500 SY $1.10 = $ 12,650.00 13 Lake Blasting (9' Deep) 13.0 AC $39,600.00 _ $ 514,800.00 14 Lake Excavation (fill; 3' depth) 56,851 Cy $2.95 = $ 167,710.45 15 Lake Excavation (rock; 9' depth) 180,080 Cy $3.75 _ $ 675,300.00 TOTAL INITIAL SITE DESIGN CONSTRUCTION = $ 1,880,962.69 ALT #002 16 Mobilization / General Conditions 1 LS $12,965.76 _ $ 12,965.76 171 Rock Crushing (stock pile only) 180,080 4.8 $4.80 = $ 864,384.00 TOTAL INITIAL SITE DESIGN CONSTRUCTION = $ 877,349.76 ALT #001 Drainage Utilities 18 Mobilization / General Conditions 1 LS $25,000.00 = $ 25,000.00 19 30" Reinforced Concrete Pipe 370 LF $65.00 _ ;$ 24,050.00 20 42" Reinforced Concrete Pipe 716 LF $136.00 = $ 97,376.00 21 30" FES 4 EA $3,000.00 _ $ 12,000.00 22 P-7 Junction Box 2 EA $7,000.00 = $ 14,000.00 23 Control Structure 5 EA $5,600.00 _ $ 28,000.00 24 Drainage Structure Modification (Type H Box) 1 EA $10,000.00 = $ 10,000.00 25 Excavation for Structure Install 7 EA $300.00 _ $ 2,100.00 26 Rock Trenching 976 LF $70.00 = $ 68,320.00 TOTAL DRAINAGE UTILITY CONSTRUCTION = $ 280,846.00 OVERALL TOTAL SITE CONSTRUCTION = $ 3,039,158.45 N m a x aD a E 0 U 0 a Cn r Q Packet Pg. 702 11.D.5 V1 LJ C O U X W C_C c_c c_c LL LL W LL LL LL U- LL Q W LL LL LLLL. G G G L N U Co C C C a m m ? m m m n cl a D. a a a v v o m m m m m m m v }y m V i1 Z Z Z Z Z l j Z Z.w W Z .- UL aJ c c _ E - m c o z` N ;O ccO C O� Y E O L- ,+cO_+ Z E 'O O ` cNN J G J 2 U Ln 2 In 2 G m m U Q JT U} G a! E zm w Yin a c m y m c Y E 'Co� o N o c `o a)ii CoY K m F°- w Fo- u mCr Vn ao u m` Z u O C ` a J U E Co U V m Y C C v *m'� z N omm c c aci CO)o u o 0 o f c v v> Y + � in 'O m E W O N N h`D N W? l O C E E E m v u u W w 'i-, v L� v -mo U s s r m f.L N a) f Z m C 2-6 0 LL O ) 7 W O m N R N dA l7 E o c c E ci o o c F m m m E a a a u m mo mo u° w w u. 2 °; 2 a °n ho 'S v M > > > ;° o00 +� > > > C q O O O O > > > > u N N N N N N N N N N N N N N N N N U O O O O O O O O O O O O O O O O O Packet Pg. 703 11.D.5 Co ier county Section Six - Preliminary Construction Schedule a Packet Pg. 704 I 11.D.5 I CC ..., ... ........... ., .... ..... 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X LU IL E g iz� v 00 Q 0 CD ;5 Z-6 L N 7v C, 00 m N E Packet Pg. 706 11.D.5 Co It -r County Section Seven - Document Rider N d fA R L IL x (1) a E O U O Q Cn a Packet Pg. 707 11.D.5 Manhattan Building excellence, Section 7 Document Rider - List of Contract Document LIST OF DRAWINGS & SPECIFICATIONS COLLIER COUNTY SPORTS COMPLEX - PHASE ZERO September 17, 2018 Page Number Description Latest Issue Date CIVIL DRAWINGS C-00.01 COVER PAGE 3/26/2018 C-00.10 GENERAL NOTES 3/26/2018 C-00,20 AERIAL AND FLUCCS MAP 12/22/2017 C-10,00 EXISTING CONDITIONS, CLEARING AND REMOVALS PLAN 12/22/2017 C-15,00 ZONING DATA SHEET 2/1/2018 C-15.01 DEVELOPMENT STANDARDS #1 2/12/2018 C-20,00 OVERALL MASTER SITE PLAN 3/26/2018 C-21.00 DRAINAGE SUB -BASINS PLAN 12/22/2017 C-21.01 LAND USE TABLES AND DRAINAGE CALCULATIONS 3/26/2018 C-21.02 OVERALL MASTER DRAINAGE PLAN AND INDEX SHEET 3/26/2018 C-21.03 MASTER DRAINAGE PLAN #1 3/26/2018 C-21,04 MASTER DRAINAGE PLAN #2 3/26/2018 C-21,05 MASTER DRAINAGE PLAN #3 3/26/2018 C-21.06 MASTER DRAINAGE PLAN #4 3/26/2018 C-21.07 MASTER DRAINAGE PLAN #5 3/26/2018 C-22.00 OVERALL MASTER UTILITY PLAN AND INDEX SHEET 12/22/2017 C-22,01 MASTER UTILITY PLAN #1 12/22/2017 C-22.02 MASTER UTILITY PLAN #2 12/22/2017 C-22,03 MASTER UTILITY PLAN #3 2/12/2018 C-22,04 MASTER UTILITY PLAN #4 3/26/2018 C-23.00 GEOMETRICS AND STRIPING PLAN - CITY GATE BOULEVARD SOUTH 3/26/2018 C-24,00 PLAN AND PROFILE SHEET INDEX - CGSB 12/27/2017 C-24.01 PLAN AND PROFILE STA. 00+00 - 04+00 3/26/2018 C-24.02 PLAN AND PROFILE STA. 04+00 - 08+00 3/26/2018 C-24,03 PLAN AND PROFILE STA. 08+00 - 12+00 3/26/2018 C-24.04 PLAN AND PROFILE STA. 12+00 - 16+00 3/26/2018 C-24.05 PLAN AND PROFILE STA, 20+00 - 23+59 3/26/2018 C-24.10 LAKE EXCAVATION LAYDOWN AREA 2/12/2018 C-24,20 LAKE PROFILES A -A AND C-C 12/22/2017 a Packet Pg. 708 11.D.5 C-24.21 LAKE PROFILE B-B 12/22/2017 C-24,22 LAKE PROFILES D-D AND E-E 12/22/2017 C-24,23 LAKES PROFILES F-F AND G-G 12/22/2017 C-24.24 LAKE PROFILES H-H AND 1-1 12/22/2017 C-25.00 CROSS -SECTIONS SHEET INDEX - CITY GATE BOULEVARD SOUTH 12/22/2017 C-25,01 CROSS -SECTIONS STA, 00+00 - 04+00 3/26/2018 C-25,02 CROSS -SECTIONS STA. 04+50 - 08+50 3/26/2018 C-25.03 CROSS -SECTIONS STA, 09+00 - 13+00 3/26/2018 C-25,04 CROSS -SECTIONS STA. 13+50 - 22+00 3/26/2018 C-25.05 CROSS -SECTIONS SHEET INDEX OVERALL 2/12/2018 C-25.06 SECTIONS Al - D2 2/12/2018 C-25,07 SECTIONS E - L1 2/12/2018 C25,08 SECTIONS L2-L3 12/22/2017 C-26,00 PAVING AND DRAINAGE DETAILS 12/22/2017 C-26.01 CONTROL STRUCTURE DETAILS 3/26/2018 C-26.02 UTILITY DETAILS 12/22/2017 C-26.03 UTILITY DETAILS #3 2/12/2018 C-26.04 SANITARY LIFT STATION DETAILS 3/26/2018 C-27.00 REQUIRED YARD PLAN #1 3/26/2018 C-27,01 REQUIRED YARD PLAN #2 12/22/2017 C-28,00 JNPDES POLLUTION PREVENTION PLAN 3/26/2018 C-28,01 I NPDES POLLUTION PREVENTION DETAILS 3/26/2018 CLEARING EXHIBIT Sheet 1 EXISTING CONDITIONS, CLEARING AND REMOVALS PLAN 12/22/2017 Sheet 2 EXISTING CONDITIONS, CLEARING AND REMOVALS PLAN 12/22/2017 Sheet 3 EXISTING CONDITIONS, CLEARING AND REMOVALS PLAN 12/22/2017 Sheet 4 EXISTING CONDITIONS, CLEARING AND REMOVALS PLAN 12/22/2017 TEMPORARY ROAD EXHIBIT C-1.00 TEMPORARY ROAD EXHIBIT 12/22/2017 DAVIDSON ENGINEERING MEMO PHASE ZERO BID MEMO - SPECIFICATIONS 9/17/2018 N m a x w 0- E 0 U 0 Q. r Q Packet Pg. 709 11.D.5 CO 7EY Cou-Kty Section Eight - Site Utilization Plan IA Packet Pg. 710 11.D.5 I ids I I _ I I N a� N c� t a x d Q. E 0 U N 0 0. Cn 0 V d x U. C d Q CO CD d E t a Packet Pg. 711 11.D.5 Co lev County Section Nine * NotApplicable for this phase. Packet Pg. 712 11.D.5 EXHIBIT F PAYMENT AND PERFORMANCE BOND (see, Payment Bond form Exhibit F.l and Performance Bond form F.2, attached) N O N O t a x d Q. E 0 U N 0 0. N O ti 0 V d K W U. I C 0 E a CO O T" C d E t u cC r a Packet Pg. 713 11.D.5 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 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 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. Packet Pg. 714 11.D.5 Signed, sealed and delivered in the presence of: Manhattan Construction (Florida), Inc. BY: Witnesses as to Principal President STATE OF _f 1 COUNTY OF045 l t The foregoing instrume t was acknowledged before me thisao.day of e 20 , by as of LA gnagt4wi) corporation, on behalf of the corporation. He/she is ersonally known to mE OR has produced as identification and did (did not) take an oath. My Commission Expires: Ellzabeth M Lounds My Commission GG 042641 Expires 11/26/2020 (AFFIX OFFICIAL SEAL) ATTEST: x w "i (S' nature of Notary) NAME: (Legibly Printed) E a cw w ti Notary Public, State of r Commission No.: ,' C q,)b V� E SURETY: r Q Federal Insurance Company (Printed Name) 202E Halls Mill Road Whitehouse Station NJ 08889 (Business Address Packet Pg. 715 11.D.5 Witnesses to Surety (Authorized Signature) (Printed Name) N d fA R L IL x 0 a E O U O Q Cn 0 ti 0 r V d x W 3 LL I C a� E Q CO aw T" ti ti c O E t v r r Q Packet Pg. 716 11.D.5 i) , f (Attach Power of Attorney) Witnesses STATE OF COUNTY OF OKLAHOMA TULSA James B. Geisinger, Attorn (Printed Name) Rooney Insurance Agency, Inc. 4700 S. Garnett, Suite 200 Tulsa, OK 74146 (Business Address) (918) 582-0565 (Telephone Number) The foregoing instrument was acknowledged before me this 1ST day of October, 2018 Z&W, 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: % -/3 (AFFIX OFFICIAL SEAL) �T ifi (Signature) Name: Daus (Legibly Printed) / Notary Public, State of: Commission No.: / � 0 p 7d Packet Pg. 717 11.D.5 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. Packet Pg. 718 11.D.5 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: Manhattan Construction (Florida), Inc. BY: Witnesses as to Principal NAME: 14ohn Reyhan ITS: President STATE OF COUNTY OF�� The foregoing instrument was acknowledged before me this I 2018, by of corporation, on behalf of the corporation. personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: of as a He/she is (Signature) PGNotary Public State of Florida eth M Lounds mmisalon GG 042641 Name�(Le p . / LIIYLE)�,y811/26/2020 Gl gibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: 1 Commission No.: GG O to / Packet Pg. 719 11.D.5 ATTEST: SURETY: Federal Insurance Company (Printed Name) Halls Mill Road Whitehouse Station. NJ 08889 (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) No Witnesses STATE OF OKLAHOMA COUNTY OF TULSA Attorney in Fact (/ ttach Power of Attorney) James B. Geisinger, Attorn (Printed Name) Rooney Insurance Agency, Inc. 4700 S. Garnett, Suite 200 Tulsa, OK 74146 (Business Address) (918) 582-0565 (Telephone Number) The foregoing instrument was acknowledged before me this 1st day of October, 2018 , Xft, 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. r My Commission Expires: Packet Pg. 720 (AFFIX OFFICIAL SEAL) LINDA DAVIS Notary Pubkaa of Oklahoma Comm No 1OW7025 COMM4.Expir" 7/13r2022 (Signature) Name: L ) da, lic11 (Legibly Printed) Notary Public, State of: CommissionNo.:- I Packet Pg. 721 11.D.5 Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know Ali 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 arid appoint Georgia A. Craig, lames B. Geisinger, Kevin L. Hanover; Christy Thompson andLinda Wright of Tulsa, Oklahoma --------------------------------------------------------------- —---------------------------------------------------- —------ -------------------- is 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 acid 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 saute, and consents to the modification or alteration orally 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 mid affixed their corporate seals on this 11t day ofAugim 2018. 131 Rawn M, C:hlor(*�, Assistant Secretary r :vs STATE OF NEW JERSEY County ofHunterdon Stephen M, Haney. Vice President On this 11 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 knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto atiixed 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, Raney, subscribed to said Power of Attorney is in the genuine handwriting of Stephen M. Haney, and was thereto subscribed by authority of said CompaniesandIn deponent's presence, Notarial Seal IUTNERINHO JE E NOTARY PUBLIC OF NEW JERSEY •. �• Nd.231ti986 ptl8tt COMIA s 400 E%plte8 Juy 10,2010 Notary Public CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August30, 2016; `RESOLVED, that theRllowing authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments ofthe Company entered into in the ordinary course of business (each a "Written Commitment"): (1) Each of the Chairman, the President and the Vice Presidents or the Companyls hereby authorized to execute any Written Commitment for and on behalfof the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorneydn-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 behai'of the Company, under the seal of the Company or otherwise, such Written Commitments of the company as may be specified fit such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written CottntfUnents. (a) Each of tite Chairman, the President and the Vice Presidents of the Company Is hereby authorized, lot and on behall'of the Company, to delegate in writing to any otherofncer of the Company the authodiy to execone, for anti on behaif of the Company, under the Company's seal or otherwise, such Written Commitments of Ole Company as are specified in such written delegation which specification maybe by general type or class of Written Commitments or byspeciftcadonofoneormorepaiiihdarWrittenComtnftments. (s) The signature ufany oRicer or other person executing any Written Commitment or appoimmenl-or delegation pursuant to this Resolution, anti the seal of the Company: may be affixed by I'atsindle on such Written Commitment or written appointment or delegation. FuirrHER RESOLVED, that the foregoing Resolution shall not be deemed to bean exclusive statement of the powers anti authority of olfrcers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise orally such power or authority otherwise validly granted or vested." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (1) the foregoing Resolutions adopted by the Board ofDirectors ofthe Companies are true, correct and In full force and effect, (if) the foregoing Power of Attorney is true, correct and in fail) force and effect. Given under my hand and seals ofsafd Companfesat Whitehouse Station, NJ, this 1 st day of October, 2018 0 (9 Davin M. Chlclros., A-sistnnt SccrclarV W'rHE EVENT' YOU WISn'fO VRRIEl"171E AtPfHENTICITY OF THIS BOND OR NOTIFY US OF ANY 071IER MATTER. PLEASE CONTACT US AT; Telephone (908) 903-3493 Fax (908) 903.3656 e-trail: suretyEMhttbb.cam O ti O V tv K W 7 U. I C d E Q 00 CD C d E t t) O a FED- VIG•PI (rev. 08-18) Packet Pg. 722 11.D.5 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 Project 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 N a� a x a� a E 0 U 0 a Cn r Q Packet Pg. 723 11.D.5 EXHIBIT H RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER) STATE OF FLORIDA ) Before me, the sworn, deposes and says: undersigned authority, personally appeared who after being duly (1) In accordance with the Contract Documents and in consideration of $ paid, ("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 , 2018 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (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, have been fully satisfied pursuant to the terms of their agreements. (3) To the maximum extent permitted by law, 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, BY: Witnesses STATE OF COUNTY OF CONTRACTOR ITS: President DATE: The foregoing instrument was acknowledged before me this day of _ 1 2018, by of corporation, on behalf of the corporation My Commission Expires: (AFFIX OFFICIAL SEAL) as He/she is personally known to me or has produced as identification and did (did not) take an oath. NAME: (Signature of Notary) (Legibly Printed) Packet Pg. 724 11.D.5 EXHIBIT I FORM OF CONTRACT APPLICATION FOR PAYMENT County Project Manager) Bid No, (County Department) Project No, Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Application Date FROM: N (Contractor's Representative) Payment Application No, N t (Contractor's Name) for Work accomplished through the a Date: x d (Contractor's Address) E 0 U RE: N 0 (Proj = N ect Name) 0 Original Contract Time: ti Original Contract Price: Revised Contract Time: Total Change Orders to Date $ w Revised Contract Amount M LL Total value of Work Completed Retainage @ 10% thru[insert 13 date] $ and stored to Date c $ E Retainage @ after [insert date] $ = Less Retainage $ Q _% 0 0 Less previous payment (s) Ir $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ z 0 Liquidated Damages to be Accrued $ Q 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 Rill 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 Packet Pg. 725 11.D.5 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. By CONTRACTOR: Name) DATE: (Signature) (Contractor's (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : _ (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) r a Packet Pg. 726 11.D.5 Project Num ber: Date: Period To: RK COMPLETED STORED TOTAL PERCENT BALANCE 10/a _/o TOTAL MATERIALS COMPLETED COMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE )PLICATIONS THIS &STORED (reduced reto) W ITHH,ELD SINCE DATE PERIOD TO DATE to is where you will place all information until the contract is complete unless a release or reduction of retalnage Issue c - .. _.. etainage is placed in the Thru Date column, information after that date is placed inlhe Since Date column. This states TR-CA-D-2 Packet Pg. 727 11.D.5 EXHIBIT J Consent of Surety (Attached as J.1 and J.2) N d fA R L a x aD a E O U O Q Cn 0 ti 0 r V d x W 3 LL I C a� E Q Co aw T" ti ti c O E t v r r Q Packet Pg. 728 11.D.5 Bond No. CONSENT OF SURETY TO REDUCTION IN OWNER ❑ OR PARTIAL RELEASE OF RETAINAGE ARCHITECT 0 AIA DOCUMENT G707A -ELECTRONIC FORMAT CONTRACTOR SURETY 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 rn, FNT D4o1 TO OWNER: ARCHITECT'S PROJECT NO,: (Name and address) PROJECT: Name and address) CONTRACT FOR: 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) 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.) Attest: (Seal); (Surety) (Signature of authorized representative) (Printed name and title) , OWNER, a © 1994 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHG 0 , D. . 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.ala -- 117/2003. AIA License Number 1113723, which expires on 10/3112003. Electronic Format G707A - 1994 Packet Pg. 729 11.D.5 CONSENT OF SURETY TO FINAL PAYMENT AIA DOCUMENT G707 -ELECTRONIC FORMAT OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER ❑ THIS DOCUAIENTHAS INIPORTANTLEGAL CONSEQUENCES; CONSULTATION WITH ANA TTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICA TIONA UTHENTICATION OF THIS ELECTRONICALLYDRAFTED AIA DOCUMENT M4YBE MADE BY USING AIA DOCUMENT Daot, TO OWNER: ARCHITECT'S PROJECT NO.: (Name and address) PROJECT: (Name and address) CONTRACT FOR: 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) 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 nwnth followed by the numeric date and year,) Attest: (Seal): (Surety) (Signature of authorized representative) (Printed name and title) , OWNER, r a 0 1994 THE AMERICAN IN5TITUTE Ot ARCHITECTS, 1735 NEW YORKAVENUE, N,W, WASHINGTON,0006.529 . AIA DOCUMENTG 0 - 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.ala -- 1/712003, AIA License Number 1113723, which expires on 10/31/2003, • Electronic Format G707. 1994 Packet Pg. 730 11.D.5 EXHIBIT K CHANGE ORDER TO: Project Name: Bid No. Change Order No.: Change Order Description Original Agreement Amount .................... Sum of previous Change Orders Amount This Change Order Amount Revised Agreement Amount .................... FROM: Collier County Government Construction Agreement Dated: Date: Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs; except as follows (if applicable): Prepared by: Project Manager Recommended by: Design Professional Accepted by: Contractor Approved by: Department Director Approved by: Division Administrator Approved by: Purchasing Department Date: Date: Date: Date: Date: Date: Packet Pg. 731 11.D.5 Authorized by Director (For use by Owner: Fund Cost Center: Number: Date: Object Code Project Packet Pg. 732 11.D.5 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) Packet Pg. 733 11.D.5 MANHCON-08 CTHOMPSON `%`Ikfta `." ' IC CERTIFICATE OF LIABILITY INSURANCE 1. DATE(MMMDNM) 10/01/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER Rooney Insurance Agency Inc. 4700 South Garnett Road, Suite 200 Tulsa, OK 74146 C TAcT Christy Thompson PHONE Arc, No, Ext : (918) 878-3366 FAX No):(918) 878.3388 E' I christy.thompson@rooneyinsurance.com INSURE S AFFORDING COVERAGE NAIC# INSURED Manhattan Construction (Florida), Inc. 3705-1 Westview Drive Naples, FL 34104 INSURE RA:The Travelers IndemnityCo. INSURER B: Travelers Property Casualty Company of America 25658 26674 INSURER 0: Illinois Union Insurance Co 27960 INSURER D : INSURER E : INSURER F : nnvco A....--- --- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IL SR TYPE OF INSURANCE ADDLSUBR POUCYNUMBER POLICY EFF 10/01/2018 POLICY EXP 10/01/2019 LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR Contractual, XCU Lia X C2K-CO-1098A840 EACH OCCURRENCE � 1,000,000 DAMAGETORENTED $ 1,000,000 X GEN'L MED EXP (Any one Person) S 6,000 PERSONAL& ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY 1XI j LOC OTHER: GENERAL AGGREGATE $ 3,000,000 PRODUCTS- COMP/OP AGG $ 3,000 000 B B AUTOMOBILE X X X LIABILITY ANY AUTO H AUTOS ONLY AUTOSULED � TOUN W�Ep AUTOS ONLY rx AUTO ONLY UMBRELLA LIAB X OCCUR EXCESS LIAB CLAIMS MADE VTC2J-CAP-1098A862 VTSMJ-CUP-1098A968 10/01/2018 1010112018 10/01/2019 10/01/2019 EO eBcelid D SINGLE LIMIT AL $ 1,000,000 BODILY INJURY Per rson $ BODILYINJURY Peraccldenl $ PFterPERd�t AMAGE P $ OCCURRENCE $ 6,000,000 $EACH AGGREGATE $ 5,000,000 DED RETENTION $ B C WORKERS COMPENSATION EMPLOYERS'LIABILITY YrN (Mandatory InNHjEXCLUDED? describe under DESCRIPTIONOFOPERATIONSbelow Pollution/Prof Llab N/A VTC2J-UB-1098A803 GOO G27375339002 16/0112018 10/01/2017 10/01/20191000,000 10/01/2019 PER X TAANNYPRRO/PMRIIETgOER/PARTNER/EXECUTIVE JOTHAND E.L. EACH ACCIDENTIfyes, E.L. DISEASE - EA EM 1,000,000 E.L. DISEASE -POLICY LIMIT Each OcclAgg 1,000,000 26,000,000 Re: Contraact #17 7198 Construction Manager a(ACORD Risk Services For Collier County Sports Complex I'rojectl Naples, FL 34117 Additional Insured and Waiver of Subrogation Endorsements are included in favor of Collier County Board of County Commissioners on a primary and non-contributory basis (for both on -going operations and products completed operations) as required by executed contract. Should any of the above described polices be cancelled before the expiration date thereof, a Thirty (30) Day written notice will be mailed to the Certificate Holder. n COTIC1^ w Collier County Board of County Commissioners Naples, FL 34112 ACORD 26 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED -BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ©1988-2016 ACORD CORPORATION. All r Fie Hwrcu name ana logo are registered marks of ACORD Packet Pg. 734 11.D.5 lid O C a 11.D.6 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) THIS AGREEMENT, is made and entered into as of the date of execution by both parties, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY" and Manhattan Construction (Florida), Inc., authorized to do business in the State of Florida, whose business address is 3705-1 Westview Drive, Naples, Florida 34104, hereinafter referred to as "CONSTRUCTION MANAGER" or "CONTRACTOR." WITNESSETH: WHEREAS, the COUNTY intends to undertake the Project described as "Collier County Sports Complex" and employ the CONSTRUCTION MANAGER in connection with this Project; and WHEREAS, the COUNTY issued Request for Construction Manager Services (RCMS) # 17- 7198 on September 1, 2017; and WHEREAS, the COUNTY evaluated and ranked the proposals received in accordance with the Applicable Florida Statutes, COUNTY ordinances and policies, and found the CONSTRUCTION MANAGER qualified to perform the necessary services; and WHEREAS, the CONSTRUCTION MANAGER has reviewed the services required pursuant to the Agreement and is qualified, willing and able to provide and perform all such services in accordance with the terms of the Agreement; and WHEREAS, the services to be provided under this Agreement will be divided among Phased Preconstruction Services and Construction Phases, as authorized by this Agreement; and WHEREAS, subsequent Phases, if authorized, shall encompass services, as required to complete construction of the Project, as contemplated by the RCMS, and shall be authorized solely by a written Amendment(s) to this Agreement. NOW, THEREFORE, the COUNTY and the CONSTRUCTION MANAGER, in consideration of the mutual covenants contained herein, do agree as follows: I. RECITALS The above recitals are true and correct and are hereby incorporated into this Agreement. 1 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 736 11.D.6 II. DEFINITIONS A. Counly's Administrative Agent: The Administrative Agent named below is designated to do all things necessary to properly administer the terms and conditions of this Agreement. The Administrative Agent is the COUNTY's staff representative for the Project, and is responsible for issuing COUNTY approvals as necessitated during the Project, and receiving and dispensing materials and information relative to the Project on behalf of the COUNTY. The Administrative Agent will be responsible for the following tasks as related to the Project: 1. Examine reports, sketches, drawings, estimates, proposals, and other documents presented by the CONSTRUCTION MANAGER, for the purpose of issuance of those approvals necessary to support preparation and submission of invoices by the CONSTRUCTION MANAGER. 2. Provide instructions, receipt of information, interpretation and definition of COUNTY policies and decisions with respect to design, construction, materials, and other matters pertinent to the work covered by this Agreement. 3. Provide review and written confirmation of all documents and payment requests. 4. Determine when and if it may be in the best interest of the COUNTY to shift funding among tasks identified in the Scope of Services, providing the not -to -exceed amount of the Agreement is not exceeded. B. Allowances: Generally, the term "Allowance" shall mean a particular line item or unit cost budget. Unused allowances or allowance underruns shall be reallocated to the Owner's Contingency (within the Guaranteed Maximum Price) via a Change Order. C. Architect: The architect for this project is hereinafter referred to as the Design Consultant . D. Construction Documents: Final working drawings and specifications (i) meeting all applicable current federal laws, state and local codes, to obtain necessary governmental approvals and permits; and (ii) as required to construct the complete and fully operational facility. E. Final Completion: The point in the progress of the Work when all Work related to the Project has been completed by the CONSTRUCTION MANAGER and accepted by the COUNTY. Warranties called for by this Agreement or by the Construction Documents shall commence on the date of issuance of Final Completion. F. GMP: The Guaranteed Maximum Price (GMP) shall be the sum of the CONSTRUCTION MANAGER's Cost of Work and the CONSTRUCTION MANAGER's fee for the performance and completion of all the services for the Construction Phase of the Project, including but not limited to the completion of the Work in accordance with the Construction Documents. 2 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) s<. Packet Pg. 737 11.D.6 G. Preconstruction Phase Fee: The sum to be paid for providing all Preconstruction Phase services, as set forth in this Agreement, and as contemplated in the RCMS. H. Project: The Project shall mean a regional tournament caliber sports facility in multiple phases. The Project is located approximately 1-mile northeast of the I-75 and Collier Boulevard interchange. The Project will be constructed on two tracts of land: approximately 60 acres in the City Gate Industrial Park and approximately 60 acres on the County's property immediately east of City Gate, including improvements as described and defined in the Construction Documents. I. Project Phases: The Project is divided among Preconstruction Phases and Construction Phases. J. Project Schedule: The Project Schedule as used in this Agreement shall mean the timeline prepared by the CONSTRUCTION MANAGER and approved by the COUNTY's Administrative Agent for accomplishing the Project. The Project Schedule shall include all major sequences of the preconstruction and construction work, material supplies, long -lead procurement, Design Consultant's approval of shop drawings, schedules for Change Orders and performance testing requirements. K. Project Team: The term Project Team, as used in this Agreement and associated Exhibits, shall include the COUNTY, the Project Design Consultant and the CONSTRUCTION MANAGER. L. Substantial Completion: The point in the progress of the Work when the Project or designated portion thereof are sufficiently complete in accordance with the Contract Documents so that the COUNTY can fully occupy and utilize the Site for its intended use with all certificates of occupancy obtained. Warranties called for by this Agreement or by the Construction Documents shall commence on the date of issuance for the Certificate of Substantial Completion. M. Trade Contractor: This term shall mean those contractors having a direct contract with the CONSTRUCTION MANAGER for the performance of the work. N. Work: This term shall mean all authorized and approved work, materials supplies, tools, fixtures, labor, services, equipment, construction management and contract administration services for the design phase, Project development and construction of the Project to be performed and provided by CONSTRUCTION MANAGER (and its agents, employees, Trade Contractors, Sub -construction Manager's, Professionals, and Subcontractors) pursuant to this Agreement. III. CONSTRUCTION MANAGER'S SERVICES A. The CONSTRUCTION MANAGER agrees to diligently provide all preconstruction services for the Project and to perform the required services in the manner described in Exhibit A, Scope of Services - Preconstruction Phases, attached hereto and incorporated herein. 3 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION, PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 738 11.D.6 B. This Agreement shall commence immediately upon the execution of this Agreement by both the COUNTY and the CONSTRUCTION MANAGER, and upon the CONSTRUCTION MANA.GER's receipt of the written Notice to Proceed from the COUNTY's Administrative Agent, and shall continue through the completion of the preconstruction services for the Project in accordance with Exhibit B, Project Schedule- Preconstruction Phases, attached hereto and incorporated herein. IV. COMPENSATION AND PAYMENT OF CONSTRUCTION MANAGER'S SERVICE A. The COUNTY shall pay the CONSTRUCTION MANAGER for the preconstruction services rendered hereunder and completed in accordance with the terms and conditions of this Agreement in an amount not to exceed One Hundred Ninety -Five Thousand, Five Hundred Twenty -Seven Dollars and 00/100 $195 527 , as the total agreement amount for performing the tasks as set forth in Exhibit A, Scope of Services - Preconstruction Phases, (and further described in Exhibit C, Fee Schedule - Preconstruction Phases) attached hereto and incorporated herein. Said total amount to be all inclusive of costs necessary to provide all services as outlined in this Agreement. B. CONSTRUCTION MANAGER represents and warrants that wage rates and other factual unit costs supporting the compensation relative to this Agreement shall be accurate, complete, and current at the time of entering into the Agreement. The amounts set forth in this Agreement will be adjusted to exclude any significant sums where the COUNTY determines the amount of any task was increased due to inaccurate, incomplete, non -current wage rates or other factual unit costs. All such adjustments to the Agreement amount must be made within one year following the end of this Agreement. C. The COUNTY's performance and obligation to pay under this Agreement is contingent upon an appropriation by the Board of County Commissioners. The COUNTY shall promptly notify the CONSTRUCTION MANAGER if the necessary appropriation is not made. V. ADDITIONAL SERVICES If, upon written instruction by the COUNTY's Administrative Agent and written agreement by the CONSTRUCTION MANAGER, the CONSTRUCTION MANAGER shall perform additional services as allowed herein, and if such services are not required as a result of error, omission or negligence of CONSTRUCTION MANAGER, then in such event the CONSTRUCTION MANAGER shall be entitled to additional , compensation. The additional compensation shall be computed by the CONSTRUCTION MANAGER on a revised fee quotation proposal and submitted to the COUNTY's Administrative Agent for review and approval by the COUNTY. The fee shall be agreed upon before commencement of any additional services or changes and shall be incorporated into this Agreement by written Amendment. Any additional service or work performed before a written Amendment to this Agreement is approved shall not be compensated by the COUNTY. VI. METHOD OF PAYMENT A. The COUNTY shall pay the CONSTRUCTION MANAGER through payment issued by the Clerk of the Circuit Court in accordance with the Local Government Prompt Payment Act, 4 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.; 17-7198) Packet Pg. 739 11.D.6 Section 218.70, Florida Statutes, upon receipt of the CONSTRUCTION MANAGER's invoice and written approval of same by the COUNTY's Administrative Agent indicating that services have been rendered in conformity with this Agreement. The CONSTRUCTION MANAGER shall submit a monthly invoice for payment to the COUNTY for those specific services as described in Exhibit A, Scope of Services - Preconstruction Phases, and the corresponding amount as described in Exhibit C, Fee Schedule - Preconstruction Phases that were completed during that invoicing period. B. For those specific services that were partially completed, progress payments shall be paid monthly in proportion to the percentage of completed work on those specific service activities as approved in writing by the COUNTY's Administrative Agent. C. The CONSTRUCTION MANAGER's invoices shall be in a form satisfactory to the Cleric of the Circuit Court, who shall initiate disbursements. The CONSTRUCTION MANAGER is responsible for providing all necessary documentation that may be required by the COUNTY. VII. INDEMNIFICATION A. To the maximum extent permitted by Florida law, CONSTRUCTION MANAGER shall defend, indemnify and hold harmless the COUNTY, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSTRUCTION MANAGER or anyone employed or utilized by the CONSTRUCTION MANAGER in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies that otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. B. The duty to defend under this Article VII is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONSTRUCTION MANAGER, the COUNTY and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to CONSTRUCTION MANAGER. The CONSTRUCTION MANAGER's obligation to indemnify and defend under this Article VII will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the COUNTY or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. VIII. CONSTRUCTION MANAGER'S INSURANCE A. Before performing any work pursuant to this Agreement, CONSTRUCTION MANAGER shall procure and maintain, during the life of this Agreement unless otherwise specified, insurance as listed in Exhibit D, Insurance Specifications - Preconstruction Phases, attached hereto and incorporated herein. 5 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) 3 Packet Pg. 740 11.D.6 B. CONSTRUCTION MANAGER shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit D to this Agreement. C. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. D. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSTRUCTION MANAGER to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, or, Board of County Commissioners in Collier County, or, Collier County Government, as an additional insured as to the operations of CONSTRUCTION MANAGER under this Agreement and shall contain a severability of interests' provisions. 2. Companies issuing the insurance policy or policies shall have no recourse against the COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSTRUCTION MANAGER. 3. All insurance coverage of CONSTRUCTION MANAGER shall be primary to any insurance or self-insurance program carried by the COUNTY applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSTRUCTION MANAGER shall not apply to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. E. CONSTRUCTION MANAGER, its subconsultant's and the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. F. All insurance companies from whom CONSTRUCTION MANAGER obtains the insurance policies required hereunder must meet the following minimum requirements: 1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 6 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) I Packet Pg. 741 11.D.6 2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. IX. RESPONSIBILITIES OF THE CONSTRUCTION MANAGER A. The CONSTRUCTION MANAGER accepts the relationship of trust and confidence established between CONSTRUCTION MANAGER and COUNTY by this Agreement. CONSTRUCTION MANAGER covenants to furnish its best skill and judgment and to cooperate with COUNTY and the Design Consultant during the Preconstruction Phases and to complete the Project in accordance with the Contract Documents and in an expedient and efficient manner. B. The CONSTRUCTION MANAGER shall be responsible for the professional quality, technical accuracy, and the coordination of all reports and other documents and data used or produced by or at the behest of the CONSTRUCTION MANAGER under this Agreement. The CONSTRUCTION MANAGER shall, without additional compensation, correct or revise any errors or deficiencies in its reports and other documents and data. C. If the CONSTRUCTION MANAGER is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder. D. The CONSTRUCTION MANAGER warrants that CONSTRUCTION MANAGER has not employed or retained any company or person, other than a bona fide employee working solely for CONSTRUCTION MANAGER, to solicit or secure this Agreement and that CONSTRUCTION MANAGER has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSTRUCTION MANAGER, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or malting of this Agreement. E. The CONSTRUCTION MANAGER covenants and agrees that it and its employees shall be bound by the Standards of Conduct of Chapter 112, Florida Statutes and Section Seven Ethical Standards, of the Collier County Procurement Ordinance, #13-69, as amended, as it relates to work, performed under this Agreement. The CONSTRUCTION MANAGER agrees to incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the work performed. F. The CONSTRUCTION MANAGER agrees that it and its employees shall communicate with COUNTY employees and members of the public in a civil manner. All aspects of a CONSTRUCTION MANAGER's performance, including complaints received from COUNTY employees or members of the public, may impact the COUNTY's decision to renew or terminate this Agreement in accordance with the provisions contained herein. The COUNTY further reserves the right to suspend or debar the CONSTRUCTION MANAGER from consideration for award of future contracts in accordance with Section Twenty -Eight Debarment and Suspension, of the Collier County Procurement Ordinance, #13-69, as amended, if the CONSTRUCTION MANAGER does not abide by the terms of this Agreement. 7 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION ) ` PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 742 11.D.6 G. By its execution of this Agreement, CONSTRUCTION MANAGER acknowledges that it has been informed by the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONSTRUCTION MANAGER under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." H. The CONSTRUCTION MANAGER shall comply with all federal, state, and local laws, regulations and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work. under this Agreement. I. The CONSTRUCTION MANAGER shall maintain adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSTRUCTION MANAGER for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. J. The CONSTRUCTION MANAGER represents to the COUNTY that it has expertise in the E type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSTRUCTION MANAGER agrees that all services to be provided by a CONSTRUCTION MANAGER pursuant to this Agreement shall be subject to the COUNTY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSTRUCTION MANAGER hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)- (b) as stated as follows: 8 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 743 11.D.6 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: l . Keep and maintain public records required by the public agency to perform the service, 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency, 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws a referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. K. The CONSTRUCTION MANAGER shall notify the COUNTY's Administrative Agent at least three (3) days in advance of any meeting between the CONSTRUCTION MANAGER, Design Consultant and any other stakeholder, including, but not limited to, County Commissioners, regulatory agencies or private citizens. L. Neither the COUNTY's review, approval or acceptance of, nor payment for, the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, 9 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 744 11.D.6 M. The rights and remedies of the COUNTY provided for under this Agreement are in addition to any other rights and remedies provided by law. N. The CONSTRUCTION MANAGER represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. The CONSTRUCTION MANAGER further represents that no persons having any such interest shall be employed to perform those services. X. DESIGN REVIEW SERVICES A. The CONSTRUCTION MANAGER acknowledges that the Project will be completed in accordance with the established schedule included in Exhibit B and shall make recommendations to the COUNTY's Administrative Agent and Design Consultant regarding the drawings and specifications to facilitate construction of the work. B. Design Review and Recommendations: The CONSTRUCTION MANAGER shall thoroughly familiarize itself with the Project. Where appropriate and as requested, CONSTRUCTION MANAGER shall make written recommendations with respect to the Project, foundations, selection of systems and materials and cost reducing alternatives, including assistance to the Design Consultant and the COUNTY's Administrative Agent in evaluating alternative comparisons versus long-term cost effects as the COUNTY's Administrative Agent deems appropriate. The CONSTRUCTION MANAGER shall call to the COUNTY's Administrative Agent and Design Consultant attention any known or perceived defects in the design, drawings and specifications or other documents that it notes, as soon as practicable after said defect is noted. Any design errors or omissions noted by the CONSTRUCTION MANAGER during this review shall be reported promptly to the Design Consultant and the COUNTY's Administrative Agent but the parties agree that the CONSTRUCTION MANAGER's review is only made in the CONSTRUCTION MANAGER's capacity as a contractor, and not as a licensed design professional. The recommendations and advice of the CONSTRUCTION MANAGER concerning design alternatives shall be subject to the review and approval of the COUNTY. C. Separate Contracts Planning: The CONSTRUCTION MANAGER shall review the Construction Documents and make recommendations in writing to the COUNTY's Administrative Agent with respect to dividing the work in such a manner as will permit the CONSTRUCTION MANAGER to take bids and award separate construction Trade Contracts. The Construction Manager shall make such divisions in a manner acceptable to the COUNTY's Administrative Agent, taking into consideration all factors such as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations, availability of qualified local and minority contractor participation, and any other factors pertinent to saving time and cost. 10 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 7 57 11.D.6 D. Job -Site Facilities: The GMP shall be inclusive of the arrangement and supply of all job -site facilities, to include workstations equipped with telephones, desks, FAX machines, and PC equipment that are reasonably necessary to enable the members of the Project Team to perform their respective duties in the management, inspection and supervision of construction of,the Project. The CONSTRUCTION MANAGER shall provide a dedicated office on site for use by the Project Team. E. Market Anal: The CONSTRUCTION MANAGER shall assess conditions in the construction market to identify factors that will or may affect costs and time for completing the project. The CONSTRUCTION MANAGER shall conduct reviews as maybe reasonably necessary to: (1) determine and report on availability of labor, material, equipment, potential bidders and possible impact of any shortages or surpluses of labor or material, and (2) in light of such determination(s), make recommendations with respect to long lead procurement, separation of construction into bid packages, sequencing of work, use of alternative materials, equipment or methods, other economics in design or construction and other matters that will promote cost savings and completion within the Project Schedule. F. Stimulation of Bidder Interest: The CONSTRUCTION MANAGER shall be responsible to stimulate bidder interest in the local market place and identify and reasonably encourage bidding competition through various meetings, presentations, mail -outs, telephone conferences, and the like. The CONSTRUCTION MANAGER shall obtain a minimum of three (3) competitive bids for each trade, unless otherwise directed by the COUNTY's Administrative Agent. The CONSTRUCTION MANAGER shall provide the COUNTY's Administrative Agent with the opportunity to review and approve all such bids before their acceptance. The CONSTRUCTION MANAGER shall carry out an active program of stimulating interest of qualified local contractors, including minority contractors, in bidding on the work and of familiarizing those bidders with the requirements of this project. XI. BASIS OF GUARANTEED MAXIMUM PRICE A. The CONSTRUCTION MANAGER shall submit to the County a proposed GMP as described herein, and in Exhibit A, and according to the schedule set forth in Exhibit B. B. The CONSTRUCTION MANAGER acknowledges and agrees that the GMP to be proposed will include: The entire scope of work and services solicited under the RCMS and all exhibits, attachments, schedules and addenda thereto, and this Agreement and all exhibits, attachments, and schedules hereto, including but not limited to the Construction Documents, and any other material documents or Construction Documents that were used in preparation of the GMP. Notwithstanding the foregoing, if the Construction Documents fail to depict an item that is essential for operation, the CONSTRUCTION MANAGER is required to provide and install such essential item as part of the GMP. If the Contract Documents contain inconsistencies, discrepancies or omissions of which the CONSTRUCTION MANAGER had knowledge of or which are reasonably inferable from the Contract Documents as 11 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198); a Packet Pg. 746 11.D.6 necessary to complete the Work in accordance with the Contract Documents, the CONSTRUCTION MANAGER shall not be entitled to an extension of the Project Schedule or an adjustment in the GMP for such items and the CONSTRUCTION MANAGER shall nonetheless be responsible to correct and complete such items; 2. A list of all allowances and the statement of their basis; 3. A list of any material clarifications and assumptions made by the CONSTRUCTION MANAGER in the preparation of the GMP necessary to supplement the information contained in the drawings and specifications; 4. A statement of the estimated cost (organized by trade categories), allowances, contingency, and other items including a list of any fees or other costs that comprise the GMP; 5. The date of substantial completion, upon which the proposed GMP is based; and 6. A schedule of the Construction Documents' issuance dates, upon which the proposed GMP is based. C. The CONSTRUCTION MANAGER acknowledges that the GMP includes an amount designated as the COUNTY's Contingency. The COUNTY's Contingency shall be available to the CONSTRUCTION MANAGER only if the COUNTY issues a Change Order or Amendment to this Agreement. In such event, the Change Order or Amendment shall specify the portion of the COUNTY's Contingency being made available and the purpose. D. The CONSTRUCTION MANAGER acknowledges that the Construction Drawings may be modified by the Design Consultant, from time to time, and if presented with modified Construction Drawings from the COUNTY, the CONSTRUCTION MANAGER is required to complete the Project as modified, with compensation, if deemed appropriate. E. The proposed GMP is subject to acceptance by the COUNTY, at the COUNTY's sole discretion. If the COUNTY wishes to accept the proposed GMP, the COUNTY shall prepare an Amendment to this Agreement, incorporating the GMP as well as any other provisions the COUNTY deems necessary for the performance of the Construction Phase of the Project. In the event the COUNTY does not wish to accept the proposed GMP, the COUNTY's Administrative Agent shall so inform the Construction Manager in writing. Thereupon this Agreement shall terminate and neither party shall have any obligation to the other regarding the Construction Phases, of the Project. XII. OWNERSHIP AND USE OF WORK PRODUCTS A. It is understood and agreed that the work products, including reports and other documents and data developed by the CONSTRUCTION MANAGER relating to its services shall be delivered to, and shall become the property of the COUNTY as they are received by the COUNTY. The CONSTRUCTION MANAGER hereby assigns all its copyright and other 12 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 7 7 11.D.6 proprietary interests in the products of this Agreement to the COUNTY, Specific written authority is required from the COUNTY's Administrative Agent for the CONSTRUCTION MANAGER to use any of the work products of this Agreement on any non -County project, B. Notwithstanding the above, any reuse of the work products by the COUNTY on other projects will be at the risk of the COUNTY. C. Upon the completion or termination of this Agreement, as directed by the COUNTY, CONSTRUCTION MANAGER shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSTRUCTION MANAGER under this Agreement ("Project Documents"). The COUNTY shall specify whether the originals or copies of such Project Documents are to be delivered by CONSTRUCTION MANAGER. The CONSTRUCTION MANAGER shall be solely responsible for all costs associated with delivering to the COUNTY the Project Documents. CONSTRUCTION MANAGER, at its own expense, may retain copies of the Project Documents for its files and internal use. D. Notwithstanding anything in this Agreement to the contrary and without requiring the COUNTY to pay any additional compensation, CONSTRUCTION MANAGER hereby grants to the COUNTY'a nonexclusive, irrevocable license in all the Project Documents for the COUNTY's use on this Project. CONSTRUCTION MANAGER warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSTRUCTION MANAGER consents to the COUNTY's use of the Project Documents to complete the Project following CONSTRUCTION MANAGER's termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. The CONSTRUCTION MANAGER also acknowledges the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. XIII. TIMELY PERFORMANCE OF CONSTRUCTION MANAGER'S PERSONNEL A. The timely performance and completion of the required services is vitally important to the interest of the COUNTY. The CONSTRUCTION MANAGER shall assign a Project Manager, together with such other personnel as are necessary to assure faithful prosecution and timely delivery of services pursuant to the requirements of this Agreement. The key personnel assigned by the CONSTRUCTION MANAGER to perform the services of this Agreement shall be the same as those identified in the Response as it is defined below. The CONSTRUCTION MANAGER shall ensure that all key personnel, support personnel, and other agents are fully qualified and capable to perform their assigned tasks. Any change or substitution to the CONSTRUCTION MANAGER's key personnel must receive the COUNTY's Administrative Agent's written approval before said changes or substitution can become effective. B. The services to be rendered by the CONSTRUCTION MANAGER shall commence upon the CONSTRUCTION MANAGER's receipt of written Notice to Proceed from the COUNTY'S Administrative Agent. The time limits set forth in Exhibit B, Project Schedule 13 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 748 11.D.6 - Preconstruction Phases, shall commence to run on the date of the Notice to Proceed and the CONSTRUCTION MANAGER shall deliver to the COUNTY a Detailed Project Schedule with specific calendar dates in conformity with Exhibit B, Project Schedule - Preconstruction Phases. This Project Schedule shall also include the specific calendar dates for the delivery or completion of all documents, reports or other data as required by this Agreement. C. Time is of the essence in the performance of this Agreement. The CONSTRUCTION MANAGER specifically agrees that all work performed under the terms and conditions of this Agreement shall be completed within the time limits as set forth in this Agreement, subject only to delays caused by force majeure, or as otherwise defined herein. Force Majeure shall be deemed to be any cause affecting the performance of this Agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of the parties. D. The CONSTRUCTION MANAGER agrees to provide to the COUNTY's Administrative Agent, monthly written progress reports concerning the status of the Project. Written progress reports will accompany each monthly invoice. The COUNTY's Administrative Agent may determine the format for this progress report. The COUNTY shall be entitled at all times to be advised at its request, and in writing, as to the status of work to be performed by the CONSTRUCTION MANAGER. E. In the event unreasonable delays occur on the part of the COUNTY or regulatory agencies as to the approval of any plans, permits, reports or other documents submitted by the CONSTRUCTION MANAGER that delay the Project Schedule completion date, the COUNTY's Administrative Agent shall not unreasonably withhold the granting of an extension of the Project Schedule time limitation equal to the aforementioned delay. In the event the Project Schedule completion date is delayed beyond the date stated in Exhibit B, the CONSTRUCTION MANAGER shall continue its efforts hereunder in full force and effect until otherwise directed by the COUNTY's Administrative Agent, or until twelve (12) additional months have elapsed, whichever is less. Should the Project be suspended or delayed by the COUNTY for a period exceeding six (6) months, the COUNTY and the CONSTRUCTION MANAGER may negotiate fair and equitable compensation for the CONSTRUCTION MANAGER's continued service hereunder, and amend this Agreement accordingly. XIV. OBLIGATIONS OF COUNTY A. The COUNTY's Administrative Agent is designated to serve as project coordinator and to do all things necessary to properly administer the terms and conditions of this Agreement. If necessary, a specific Project Manager will be authorized to perform the responsibilities of the COUNTY's Administrative Agent. The COUNTY shall designate any specific Project Manager in the Notice to Proceed. The responsibility of the COUNTY's Administrative Agent shall include: 14 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 749 11.D.6 1. Examination of all reports, sketches, drawings, estimates, proposals, and other documents presented by the CONSTRUCTION MANAGER, and render in writing, decisions pertaining thereto within a reasonable time. 2. Transmission of instructions, receipt of information, interpretation and definition of COUNTY policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this Agreement. 3. Review for approval or rejection of all the CONSTRUCTION MANAGER's documents and payment requests. B. The COUNTY shall, upon request, furnish the CONSTRUCTION MANAGER with all existing data, plans, studies and other information in the COUNTY's possession that may be useful in connection with the work of this Project, all of which shall be and remain the property of the COUNTY and shall be returned to the COUNTY's Administrative Agent upon completion of the services to be performed by the CONSTRUCTION MANAGER. C. The COUNTY's Administrative Agent shall conduct periodic reviews of the work of the CONSTRUCTION MANAGER necessary, for the completion of the CONSTRUCTION MANAGER's services during the period of this Agreement and may make other COUNTY personnel available, where required and necessary to assist the CONSTRUCTION MANAGER. The availability and necessity of said personnel to assist the CONSTRUCTION MANAGER shall be determined solely within the discretion of the COUNTY. D. The COUNTY shall not provide any services to the CONSTRUCTION MANAGER relating to any claim brought on behalf of or against the CONSTRUCTION MANAGER. XV. TERMINATION A. The COUNTY shall have the right at any time upon thirty (30) calendar days written notice to the CONSTRUCTION MANAGER to terminate the services of the CONSTRUCTION MANAGER and, in that event, the CONSTRUCTION MANAGER shall cease work and shall deliver to the COUNTY all documents, (including reports, designs, specifications, and all other data) prepared or obtained by the CONSTRUCTION MANAGER in connection with its services. The COUNTY shall, upon receipt of the aforesaid documents, pay to the CONSTRUCTION MANAGER and the CONSTRUCTION MANAGER shall accept as full payment for its services, a sum of money equal to (1) the fee for each completed and accepted task as shown in Exhibit A, Scope of Services - Preconstruction Phases, and Exhibit C, Fee Schedule - Preconstruction Phases, plus (2) the percentage of the work completed in any commenced but uncompleted task shown in Exhibit A, Scope of Services - Preconstruction Phases and Exhibit C, Fee Schedule - Preconstruction Phases, less (3) all previous payment made. 15 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 750 11.D.6 B. In the event the CONSTRUCTION MANAGER abandons performance under this Agreement, then the COUNTY may terminate this Agreement upon three (3) calendar days written notice to the CONSTRUCTION MANAGER by indicating its intention to do so. Payment for work performed prior to the CONSTRUCTION MANAGER's abandonment shall be as stated above. C. The CONSTRUCTION MANAGER shall have the right to terminate services only in the event of the COUNTY failing to pay the CONSTRUCTION MANAGER's properly documented and submitted invoice within ninety (90) calendar days of the approval by the COUNTY's Administrative Agent, or if the Project is suspended by the COUNTY for a period greater than twelve (12) months. D. The COUNTY reserves the right to terminate and cancel this Agreement in the event the CONSTRUCTION MANAGER shall be placed in either voluntary or involuntary bankruptcy Qr where an assignment has been made for the benefit of creditors. XVI. DISPUTE RESOLUTION A. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSTRUCTION MANAGER with full decision -making authority and by the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSTRUCTION MANAGER with full decision - making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. B. This Agreement and the rights and obligations of the Parties shall be governed by the laws of the State of Florida without regard to its conflict of laws principles. C. Unless otherwise agreed in writing, the CONSTRUCTION MANAGER shall be required to continue its services and all other obligations under this Agreement during the pendency of claim or dispute including, but not limited to, actual period of mediation or judicial proceedings. 16 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 7 1771 11.D.6 XVII. MISCELLANEOUS A. This Agreement constitutes the sole and complete understanding between the parties and supersedes all agreements between them, whether oral or written with respect to the subject matter. No Amendment, change or addendum to this Agreement is enforceable unless agreed to in writing by both parties and incorporated into this Agreement. For any material change in the Scope of Services or any increase in the compensation for the services, the Board of County Commissioners for the County and the duly authorized representative for the CONSTRUCTION MANAGER shall agree in writing to this change. For all other changes, the COUNTY's Administrative Agent and the CONSTRUCTION MANAGER's representative shall agree in writing to the change as authorized by this Agreement and consistent with Collier County's Procurement Ordinance and related procedures in existence at the time of the proposed change. B. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on each party. C. The CONSTRUCTION MANAGER shall not assign any interest in this Agreement and shall not transfer any interest in same (whether by assignment or novation) without the prior written consent of the COUNTY, except that claims for the money due or to become due the CONSTRUCTION MANAGER from the COUNTY under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy without such approval from the COUNTY. Notice of any such transfer or assignment due to bankruptcy shall be promptly given to the COUNTY. D. Time is of the essence regarding every aspect of the CONSTRUCTION MANAGER's performance under this Agreement. E. The exercise by either party of any rights or remedies provided herein shall not constitute a waiver of any other rights or remedies available under this Agreement or any applicable law. F. The parties covenant and agree that each is duly authorized to enter into and perform this Agreement and those executing this Agreement have all requisite power and authority to bind the parties. G. The language of this Agreement shall be construed, in all cases, according to its fair meaning and not for or against any party hereto. H. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. I. Any notices, invoices, reports, or any other type of documentation required by this Agreement shall be sufficient if sent by the parties via United States mail, postage paid or emailed, to the addresses listed below: 17 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 752 11.D.6 Company Name: Manhattan Construction (Florida), Inc. Address: 3705-1 Westview Drive Naples, Florida 34104 Authorized Agent: Gordon Knapp Attention Name & Title: Senior Vice President Telephone: (239) 643-6000 E-Mail(s): glmgpp@malihattanconstruction.com All Notices from the CONSTRUCTION MANAGER to the COUNTY shall be deemed duly served if mailed or emailed to the COUNTY to: Board of County Commissioners for Collier County, Florida Division Director: Dennis Linguidi Division Name: Facilities Management Division Address: 335 Tamiami Trail East, Building W Naples, FL 34112 Administrative Agent/PM: Margaret A. Bishop, P.E., Principal Project Manager Telephone: (239) 252-8380 E-Mail(s): MargaretBishop@collier og_v.net The CONSTRUCTION MANAGER and the COUNTY may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. J. Any change in administrative agents will require prompt notification by the party making the change. K. Paragraph headings are for the convenience of the parties and for reference purposes only and shall be given no legal effect. L. The COUNTY's Request for Construction Manager Services (RCMS) # 17-7198, including all attachments, exhibits and addenda/addendum and the CONSTRUCTION MANAGER's proposal are hereby incorporated in the Agreement by reference. M. In the event of conflicts or inconsistencies, following order: 1. Agreement 2. Solicitation 3. County's Purchase Order the documents shall be given precedence in the 18 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 753 11.D.6 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER C TY, FLORI Dwight E. Bro&,,b6&,,6f Courts y. By: Andy Solis, Chairman Date: 4 �0•C �ajrman s SIg11at►►rp'q'►j1m' MANHATTAN CONSTRUCTION Construction Manager's Witnesses: (FLORID INC. By:By: *rD Signature uctionMana er Witness) Gordon Knapp__ Prin Print Name By: Approv to Fo n - gality: Joseph F c i Ilo Co struction Manager Witness) By: P t Name ott If.'Teach Deputy County Attorney N t a x 0 a E 0 L 0 0. co 0 r- 0 �a L U c i �a a c �a 00 CD ti ti c as E �a a 19 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 754 11.D.6 EXHIBIT A SCOPE OF SERVICES — PRECONSTRUCTION PHASES The Construction Manager's work may commence with a pre -construction services agreement as a part of the comprehensive Construction Management Services contract upon the issuance of a Notice to Proceed for each Pre -Construction Phase, which will apply to the design phases of the Project. Prior to commencing construction of the Project, the Construction Manager will assume the risk of delivering the Project through a GMP contract amendments. The Construction Manager will be responsible for construction means and methods, and will be required to solicit bids from qualified subcontractors to perform the work. During the construction phases, the Construction Manager shall be solely responsible for performance of the Project, and shall function in the role of an independent General Contractor. That role may include, but not be limited to, the following during each Phase as indicated below. The Pre - Construction Phases are from award through design and engineering, and concluding with the acceptance of the GMPs as evidenced by execution of Amendments to the Agreement for the Construction Phases. Components of Construction: The County's vision for the execution of the construction phasing is outlined below and subject to available funding after each phase is encumbered through the GMP process. These phases will be addressed through Amendments to the Agreement. a.. City Gate 60 +/- acre site civil including but not limited to utilities, stormwater, paving and grading, 8 multipurpose ball fields, amenities, lighting, irrigation, perimeter landscaping, etc. b. Stadium including but not limited to championship field, lighting, irrigation, locker rooms, concession, media accommodations, stands, stadium seating, etc. c. Field House/Event Center is intended to be a complete building with mechanical, electrical, plumbing and technology or shell building to be outfitted at a later date. d. County 305 property site civil including but not limited to utilities, stormwater, paving and grading, 8 baseball/softball fields or multi -purpose fields, amenities, lighting, irrigation, perimeter landscaping, etc. (d.) may be combined with (a.) subject to availability of permits. Reporting: Prepare and submit a monthly narrative progress report and other reports as necessary/appropriate, as further generally described below; Previous Reporting Period • Accomplishments • Status of Milestones • Deliverables Submitted Problems Encountered/Decisions or Adjustments Required 2. Upcoming Reporting Period • Objectives • Milestones • Deliverable 20 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION x, PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 755 11.D.6 • Scheduled Meetings 3. General Schedule Update Other 4. Accounting • Percentage complete and percentage paid • Verification of payments to subcontractors • Any concerns with outstanding invoices Pre -Construction Phases -Tasks: 1. Site Investigations/Investigation and Review of Similar Existing Facilities & Sites Site investigation and consultation of similar projects. The services will include the evaluation of comparative existing facilities for reference and component features and design development. 2. Master Design Phase Schedule/Project Construction Schedule & Updates/Final Schedule Upon award of this Agreement, the CONSTRUCTION MANAGER, shall submit a master project schedule covering the planning and designing approvals, construction and County occupancy of the Project. This schedule will serve as the framework for the subsequent development of a detailed schedule. The master project schedule shall be produced and updated monthly throughout the project. 2.1 Project Construction Schedule, Updates and Final Schedule: Based on the Design Consultant's Construction Documents, including all Regulatory Permits received and applied for, the CONSTRUCTION MANAGER shall prepare a schedule from the time of notice to proceed through completion of the Project for the COUNTY's approval, as follows: • Prepare and maintain master project schedule, including activities for both the Design Consultant and the CONSTRUCTION MANAGER and identifying tasks which may require action by the COUNTY. This should be a critical path schedule and shall include all construction, permitting, facility start-up activities as well as project milestones. • Identify decisions the COUNTY or others must make to keep the Project on schedule. • Monitor and maintain Project schedule consistent with best management industry practices. • Identify design task milestones and associated deadlines that the Design Team must meet to maintain Project schedule. • In coordination with the Design Consultant identify all required reviews and approval, and appropriate levels of information necessary for action and timely response. • Reflect schedule for the preparation and submission of the GMP proposal in all scheduling efforts. • Provide for construction phasing, scheduling and provide a comprehensive logistics plan(s). • Provide detailed cost estimating and knowledge of marketplace conditions. • Provide project planning and scheduling for both design and construction phases, including scheduling updates and final. 21 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 756 11.D.6 • Provide for construction phasing and scheduling that will minimize interruption to site operations by means of a comprehensive logistics plan. • Develop a scheduling process as requested by the County. • Provide preliminary and detailed scheduling analysis as needed throughout the Project. 3. Design Review Meetings, Technical Support and Coordination. The CONSTRUCTION MANAGER shall provide technical support to the COUNTY as required or as directed, throughout the entire Preconstruction Phases, including but not limited to the following: • Participate in the selection of the County's Design Consultant, as a technical advisor. • Coordinate all activities with the Design Consultant, CONSTRUCTION MANAGER and County's Administrative Agent (collectively known as the "Project Team"), any separate contractors, vendors or consultants engaged by the COUNTY and other parties. • Coordinate and assist with all activities related to the design of infrastructure and utilities serving the Site or impacted by the Project. • Establish, implement and maintain quality control standards. Continually evaluate quality, safety and environmental factors throughout design. • Participate in project meetings as directed by COUNTY's Administrative Agent. • Assist the COUNTY and Design Consultant in the permit application processes. • Advise the Project Team of ways to gain efficiencies in project delivery and reduce overall delivery time. • Provide long -lead procurement recommendations and identify items that have the potential to be procured by the County. • Provide recommendations on sub -contractors, materials, and amenities at the facility. • Provide alternate systems evaluation and constructability studies. • Provide a site utilization plan for all construction activities. 4. Document Review Reporting The CONSTRUCTION MANAGER shall thoroughly review the Design Consultant's Construction Documents, including Logistics Review, Design Review Report, External Document Reviews, Constructability Analysis, Drawings Coordination, and all Regulatory Permits received and applied for, to become familiar with the requirements of the Project, and as follows: • Review progress submittals and final plans and specifications for completeness. • Review and recommend changes to drawings, specifications and construction documents as appropriate. • Provide alternate systems evaluation and specific recommendations regarding such alternate systems. • Provide constructability reviews. • Advise the Project Team of ways to gain efficiencies in project delivery and reduce overall delivery time. • Advise Project Team when choosing green (sustainable) building materials, as well as recommendations for building lifespan and efficient operations and maintenance. 22 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 757 11.D.6 • Identify items that have the potential to be procured directly by the COUNTY. • Monitor coordination of requirements of all equipment. • Analyze the cost-effectiveness of design elements, and advise the COUNTY of findings. • Coordinate any project utility requirements with utility companies. • Review site logistics and sequence of construction for incorporation in the GMP. • Quality of documents is paramount. The CONSTRUCTION MANAGER shall assist the Design Consultant by reviewing the Construction Documents for the elimination of conflicts, omissions, dimensioning and other potential problems. CONSTRUCTION MANAGER shall bring any such noted matters to the attention of the Design Consultant and the COUNTY's Administrative Agent in writing. • Advise the COUNTY's Administrative Agent of the availability of materials, Trade Contractors and lower -tier subcontractors and any scheduling restraints. • Identify long -lead time items and recommend pre -purchase for these or other items subject to expected price volatility or availability. • Identify direct material purchase. • Concur with plans and specifications. • Prepare any recommended or requested alternate proposals and assist Design Consultant in identifying elements of the design which can be as "add" or "deduct" alternates. 5. Budget Management/Value Engineering • Investigate alternate solutions, systems, materials or techniques to achieve project requirements economically and consistent with the objectives of the COUNTY. • Advise the COUNTY on the cost of building systems and materials. • Prepare comparative analysis of alternate systems and materials if requested by COUNTY. • Submit value -engineering recommendations to the Project Team. • The CONSTRUCTION MANAGER will establish and implement plans and controls for all aspects of the Project to ensure completion of the Project on schedule and within budget. • The CONSTRUCTION MANAGER will provide Pre -construction Costs Events along with Value Management Meetings. 6. Estimates(s)/GMP/Scope Review Based on the Design Consultant's Construction Documents, including all Regulatory Permits received and applied for, the CONSTRUCTION MANAGER shall prepare estimates of the cost of the work for the COUNTY's approval, as follows: • Based on Design Consultant's designs and site information, prepare detailed Project budget baseline for all cost categories. • Estimates will be submitted at: o Completion of each Schematic Pre -Construction Phase or bid package; o Completion of Design Development Phase for each phase or bid package; o Completion of 100% Construction Documents for each phase or bid package; o At establishment of the Guaranteed Maximum Price. • Provide detailed cost estimating and knowledge of marketplace conditions. • Identify all major assumptions used in creating the Project budget. 23 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (SWicitation No.: 17-7198) Packet Pg. 758 11.D.6 • Identify and recommend a precise scope of work, as a subset of the total project, necessary to meet the COUNTY project budget. • Provide a breakdown of individual project component costs in a schedule of values, to the extent acceptable to the COUNTY. • Recommend sequences of construction for various components of the work and provide options for breaking the project into independent construction phases. • Provide for construction phasing and scheduling that will minimize interruption to Site operations by means of a comprehensive logistics plan. • Incorporate cost estimates into the Total Project budget. • Recommend corrective action if cost estimates exceed a level acceptable to the COUNTY. • Recommend to the COUNTY any changes necessary to maintain the budget requirements • All materials or labor for the Project which is shown in the Construction Documents or is reasonably inferable there from as being part of the Project and necessary to produce a finished job shall be provided for in the CONSTRUCTION MANAGER's cost estimates, if such material or labor are expressly provided for in the Construction Documents. • Meet with the COUNTY's Administrative Agent to ensure cost reports capture all applicable expenditures in format appropriate for reporting performance and for cost allocation. • Obtain approval of cost and reporting formats. • If requested by the COUNTY, provide a project duration cash flow projection. • Provide consistent and complete budget and performance reporting. • Assist the Design Consultant in permit application processes. • Provide, to the COUNTY's Administrative Agent, copies of bids and quotations solicited from prospective Trade Contractors, subcontractors and suppliers. 6.1 Preparation of GMP When directed by the COUNTY, the CONSTRUCTION MANAGER will begin preparation of the Guaranteed Maximum Price (GMP) for construction of the Project. The proposed GMP will be prepared in accordance with Section XI, Basis of Guaranteed Maximum Price of the Agreement. During development of the proposed GMP and during subsequent negotiations as appropriate or as requested by the COUNTY's Administrative Agent, the CONSTRUCTION MANAGER shall: • Prepare bidders' list identifying a minimum of three (3) firms to bid for each bid package using local subcontractors where possible. If less than three (3) firms are identified a justification will provided to the COUNTY for approval. • Prepare written bid packages with the Project Team. Packages shall be comprehensive, complete and shall cover all aspects of the assigned bid division or definition of work. • Organize bid packages to coordinate with the COUNTY's program, schedule and construction budget, utilizing construction phasing and scope of work acceptable to the COUNTY. • Distribute bid Information to subcontractors. • Respond to subcontractor questions during bidding. • Review bids received with the Project Team. • Obtain clarification of any subcontractor's bid qualifications as needed. • Prepare comparative analysis of bids. • Review voluntary alternate recommendations. • Review alternates and recommend acceptance or rejection. 24 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 759 1 11.D.6 • The GMP must be within the Project Budget based upon the Construction Documents and must identify a precise scope of work, as a subset of the total project, if required, acceptable to the COUNTY. • All materials or labor for the Project which is shown in the Construction Documents or is reasonably inferable there from as being part of the Project and necessary to produce a finished job shall be provided for by the CONSTRUCTION MANAGER, whether or not such material or labor are expressly provided for in the Construction Documents. • Include all cost for permits and fees. The County will be responsible for paying all County permits. • Provide a Schedule of Values prior to finalization of the GMP including identifying prospective subcontractors, suppliers and sub -trades acceptable to the County. • Provide copies of bids and quotations solicited from prospective subcontractors, suppliers and sub -trades. 7. PROCUREMENT - SUBCONTRACTORS (the sub -tasks include: Subcontractor/Vendor Solicitation; Scoping of Bid Packages/Review Bids for Assumptions, Clarifications and Missing Scope/De-Scope Meetings with Subcontractors and Initialize a Procurement Schedule/Finalize) The CONSTRUCTION MANAGER shall keep costs as low as possible through aggressive use of competitive bidding procedures for all work. The CONSTRUCTION MANAGER will direct a well - coordinated procedure for all bid packages, and will obtain a minimum of three (3) written competitive quotations for those packages with an estimated value over $3,000, CONSTRUCTION MANAGER will comply with all applicable laws and any applicable grant requirements. If less than three (3) quotes are received a justification and will be provided to the COUNTY for approval. The CONSTRUCTION MANGER will prepare the subcontractor/vendor solicitations, including scoping of bids packages, review of bids for assumptions, clarifications and missing scope and conduct de -scope meetings with subcontractors. CONSTRUCTION MANAGER will assist the Design Consultant to ensure that completed bid documents used in conjunction with contract formats establish binding obligations for full performance through lump sum bidding within the framework of the GMP. The CONSTRUCTION MANGER will initialize a Procurement Schedule / Finalize. The following activities shall be completed by the CONSTRUCTION MANAGER for specialty equipment: • Coordinate with the Design Consultant during development of equipment specifications with operational criteria. Review specifications and incorporate COUNTY related items and requirements into design/construction process. • Solicit proposals from qualified vendors for equipment, installation and maintenance. • Coordinate proprietary equipment specifications from the successful vendor with construction drawings and details. • Obtain at least three (3) competitive bids for each bid package. Nothing contained in this Agreement shall require the COUNTY to accept any of the CONSTRUCTION MANAGER'S proposals. Further, the CONSTRUCTION MANAGER agrees that the COUNTY has 25 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 760 11.D.6 the unrestricted discretion to reject the CONSTRUCTION MANAGER's proposal if, based on the COUNTY's opinion and judgment, the rejection of the proposals is in the COUNTY's best interest. Note: The County will require the Construction Manager to procure a minimum of three (3) bids, or demonstrate a good faith effort acceptable to the County that demonstrates attempts to obtain three (3) bids, subject to proprietary products and services and or waivers in accordance with the County's Procurement Ordinance. Single source or sole source recommended procurements shall be preapproved by the County. The Construction Manager shall provide the following services: • Participate in regularly -scheduled project coordination meetings. • Participate in constructability reviews at various levels of design. • Assist in the permitting processes, include all fees and permit fees in the GMP. The County will be responsible for County permit fees. • Provide value engineering throughout Project. • Continually evaluate quality, safety, and environmental factors. • Advise County regarding green building materials and methods, as well as recommendations for building life span and efficient operations. • Review final plans and specification for completeness and ADA compliance. • Provide estimating throughout the Project. • Submit GMP for review and negotiation. • Review architectural drawings to ensure coordination between disciplines. • Establish, implement and maintain quality control standards. 8. REIMBURSABLE COST The CONSTRUCTION MANAGER will be reimbursed at cost for documents, shipping and specifications. 26 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 761 11.D.6 EXHIBIT B PROJECT SCHEDULE — PRECONSTRUCTION PHASES PHASE I - GMP #01: 45 LAKE EXCAVATION, CLEARING & GRUBBING PHASE I — GMP #02: 45 ARCH / ENGINEERING LAY OUT PLANS / CIVIL DESIGN, SITE UTILITES / CONSTRUCT HORIZONTAL WORK, FIELDS & PARKING PHASE II — GMP #03: 120 STADIUM DESIGN & CONSTRUCTION PHASE III — GMP #04: 90 FIELD HOUSE DESIGN / FIELD HOUSE CONSTRUCTION PHASE IV - GMP #5: 165 305 SITE / BALLFIELDS TOTAL CUMMULATIVE CALENDAR DAYS 1 365 27 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) r' C: Packet Pg. 762 11.D.6 EXHIBIT C FEE SCHEDULE — PRECONSTRUCTION PHASES 1. MONTHLY STATUS REPORTS C.I.I. As a condition precedent to payment, CONSTRUCTION MANAGER shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSTRUCTION MANAGER C.2.1. For the Services provided for in this Agreement, the COUNTY agrees to make the payments to CONSTRUCTION MANAGER in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any line item noted below shall not be due until services associated with any such line item have been completed or partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the percentage complete. 2 Master Design Phase Schedule / Project Construction Schedule & Updates / Final Schedule $1,762 3 Design Phase Review Meetings, Technical Support and $3,230 Coordination 4 hrs each Total of 2 meetings) 4 Document Review Reporting (Includes the following below): $1,122 Logistics Review Design Review Report External Document Reviews Coordination Drawings 6 Estimate(s) / GMP / Scope Review $11,390 7 Procurement — Subcontractors include the following specific subtasks: Subcontractor / Vendor Solicitation $621 Scoping of Bid Packages / Review Bids for Assumptions, Clarifications and Missing Scope / De -Scope Meetings with Subcontractors $3,297 Initialize and Procurement Schedule/Finalize $491 g Reimbursable Costs: Documents/ Shipping & Specifications $480 TOTAL MAN-HOURS $22 28 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) t Packet Pg. 763 11.D.6 2 Master Design Phase Schedule / Project Construction Schedule & Updates / Final Schedule $3,302 3 Design Phase Review Meetings, Technical Support and Coordination 4 hrs each) Total of 6 meetings) $12,613 4 Document Review Reporting (Includes the following below): $1,122 Logistics Review Design Review Report External Document Reviews Constructability Analysis Coordination Drawings 5 Budget Management / Pre -construction Costs Events along with Value Management Meetings $2,033 6 Estimate(s) / GMP / Scope Review $16,274 7 Procurement — Subcontractors include the following specific subtasks: Subcontractor / Vendor Solicitation $1,244 Scoping of Bid Packages / Review Bids for Assumptions, Clarifications and Missing Scope / De -Scope Meetings with Subcontractors $5,740 Initialize a Procurement Schedule / Finalize $1,616 8 Reimbursable Costs: Documents/ Shipping & Specifications $699 TOTAL MAN-HOURS (368-Hours) $44,643 2 Master Design Phase Schedule / Project Construction Schedule & Updates / Final Schedule $2,073 3 Design Phase Review Meetings, Technical Support and $6,305 Coordination 4 hrs each Total of 3 meetings) 4 Document Review Reporting (Includes the following below): $2,246 Logistics Review Design Review Report External Document Reviews Constructability Analysis Coordination Drawings 5 Budget Management / Value Engineering (Pre -construction $10,035 Costs Events along with Value Management Meetings) 6 Estimate(s) / GMP / Scope Review $13,021 Direct Owner Purchase / Equipment Review Buying Log $2,528 29 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) t� Packet Pg. 764 11.D.6 7 Procurement — Subcontractors include the following specific subtasks: Subcontractor/ Vendor Solicitation $3,538 Scoping of Bid Packages / Review Bids for Assumptions, Clarifications and Missing Scope / De -Scope Meetings with Subcontractors $6,053 Initialize a Procurement Schedule / Finalize $1,616 8 Reimbursable Costs: Documents/ Shipping & Specifications $917 I I TOTAL MAN-HOURS (404-Hours) 1 $48,332 J 1 Site Investigation / Investigate and Review Similar / Existing Facilities & Site $1,074 2 Master Design Phase Schedule / Project Construction Schedule & Updates / Final Schedule $1,448 3 Design Phase Review Meetings, Technical Support and Coordination 4 hrs each Total of 4 meetings) $8,630 4 Document Review Reporting $2,246 Logistics Review Design Review Report External Document Reviews Constructability Analysis Coordination Drawings 5 Budget Management / Value Engineering (Pre -construction Costs Events along with Value Management Meetings) $13,931 6 Estimate(s) / GMP / Scope Review $9,909 Direct Owner Purchase / Equipment Review Buying Log $2,528 7 Procurement — Subcontractors include the following specific subtasks: Subcontractor / Vendor Solicitation $3,537 Scoping of Bid Packages / Review Bids for Assumptions, Clarifications and Missing Scope / De -Scope Meetings with Subcontractors $9,235 Initialize a Procurement Schedule / Finalize $2,424 8 Reimbursable Costs: Documents/ Shipping & Specifications $1,529 TOTAL MAN-HOURS (366-Hours) $56,491______ 30 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 765 11.D.6 3 Design Phase Review Meetings, Technical Support and Coordination (4 hrs each) (Total of 2 me 1 $ 4,481 14 I Document Review Reporting (Includes the following below): � 2,24(1 I stics Review Review Rep, External Document Reviews Coordination / GMP / Scope Review Direct Owner Purchase / Equipment Review Buying Log $1,26) 7 Procurement — Subcontractors include the following specific subtasks: Subcontractor / Vendor Solicitation zyo Scoping of Bid Packages / Review Bids for Assumptions, Clarifications and Missing Scope / De -Scope Meetings with Subcontractors $5,114 Initialize a Procurement Schedule / Finalize $808 TOTAL MAN-HOURS (202-Hours) I s23,w)n I FG RAND TOTAL LUMP SUM FEE FOR ALL $195,527 RE -CONSTRUCTION PHASES C.2.2. Lump Sum Fees: The fees noted in Section C.2.1. shall constitute the lump sum amount to be paid to CONSTRUCTION MANAGER for the performance of the Services. The hourly rates listed in Schedule C — Attachment 1 may be used to quantify partial payments, but shall not alter the Total Lump Sum Fee in the event more or less than the total estimated hours are performed in completing all tasks. C.2.2.1 CONSTRUCTION MANAGER shall submit, with each of the monthly status reports provided for under Section C.2.1 of this Schedule C, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. C.2.3. The compensation provided for under Section C.2.L of this Schedule C, shall be the total and complete amount payable to CONSTRUCTION MANAGER for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. C.2.4. Notwithstanding anything in the Agreement to the contrary, CONSTRUCTION MANAGER acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSTRUCTION MANAGER shall continue to perform the Services required 31 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 766 11.D.6 of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSTRUCTION MANAGER all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS C.3.1. Notwithstanding anything herein to the contrary, the CONSTRUCTION MANAGER shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. C.3.1.1. Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. C.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSTRUCTION MANAGER for correction. Invoices shall be submitted on CONSTRUCTION MANAGER's letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. 32 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No., 17-7198) Packet Pg. 767 11.D.6 SCHEDULE C — ATTACHMENT 1 CONSTRUCTION MANAGER AT RISK'S PRE -CONSTRUCTION HOURLY RATES Titles 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 Project Manager $110 Assistant Project Manager $75 Sr Project Engineer $65 Project Scheduler $115 Senior Superintendent $135 Site Superintendent $110 Safety Director $65 El 33 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 768771 11.D.6 EXHIBIT D INSURANCE SPECIFICATIONS — PRECONSTRUCTION PHASES The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSTRUCTION MANAGER has any self -insured retentions or deductibles under any of the below listed minimum required coverages, CONSTRUCTION MANAGER must identify on the Certificate of Insurance the nature and amount of such self -insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be CONSTRUCTION MANAGER's sole responsibility. 2. The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3. Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten (10) calendar days after Notice of Award is received by CONSTRUCTION MANAGER evidencing the fact that CONSTRUCTION MANAGER has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to the COUNTY, on a timely basis, if requested by the COUNTY. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the COUNTY. CONSTRUCTION MANAGER shall also notify the COUNTY, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSTRUCTION MANAGER from its insurer, and nothing contained herein shall relieve CONSTRUCTION MANAGER of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSTRUCTION MANAGER hereunder, CONSTRUCTION MANAGER shall immediately take steps to have the aggregate limit reinstated to the fall extent permitted under such policy. 5. All insurance coverages of the CONSTRUCTION MANAGER shall be primary to any insurance or self-insurance program carried by the COUNTY applicable to this Project. 6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7. The CONSTRUCTION MANAGER shall require each of its subconsultant's to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant's are expressly waived in writing by the COUNTY. 34 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 769 11.D.6 Should at any time the CONSTRUCTION MANAGER not maintain the insurance coverages required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSTRUCTION MANAGER for such coverages purchased. If CONSTRUCTION MANAGER fails to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due CONSTRUCTION MANAGER under this Agreement or any other agreement between the COUNTY and CONSTRUCTION MANAGER. The COUNTY shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSTRUCTION MANAGER shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSTRUCTION MANAGER and the COUNTY may terminate the Agreement for cause. 10. WORI ERS' COMPENSATION AND EMPLOYERS' LIABILITY. Required by this Agreement? ® Yes ❑ No Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSTRUCTION MANAGER during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained where applicable to the completion of the work. Required by this Agreement? ❑ Yes ® No 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? ❑ Yes ® No 13. COMMERCIAL GENERAL LIABILITY. 35 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 770 11.D.6 Required by this Agreement? ® Yes ❑ No Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSTRUCTION MANAGER. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the following: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part, The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self -insured retentions shall be the sole responsibility of CONSTRUCTION MANAGER. Deductibles or self -insured retentions carried by the CONSTRUCTION MANAGER shall be subject to the approval of the Risk Management Director or his/her designee. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 14. Watercraft Liability coverage shall be carried by the CONSTRUCTION MANAGER or the SUBCONSTRUCTION MANAGER in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Required by this Agreement? ❑ Yes ® No 15. Aircraft Liability coverage shall be carried by the CONSTRUCTION MANAGER or the SUBCONSTRUCTION MANAGER in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Required by this Agreement? ❑ Yes ® No 16. AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? ® Yes ❑ No 36 AGREEMENT FOR CONSTRUCTION MANAGER AT RISI{ PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 771 11.D.6 Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The ownership. 17. CYBER INSURANCE. Required by this Agreement? ❑ Yes ® No Cyber Insurance: Coverage shall have minimum limits of $0 Per Occurrence. 18. UMBRELLA LIABILITY. A. Umbrella Liability maybe maintained as part of the liability insurance of the CONSTRUCTION MANAGER and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. B. The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. 19. PROFESSIONAL LIABILITY INSURANCE. Required by this Agreement? ❑ Yes ® No A. Professional Liability: Shall be maintained by the CONSTRUCTION MANAGER to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSTRUCTION MANAGER waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSTRUCTION MANAGER. Deductible amounts are subject to the approval of the COUNTY. C. The CONSTRUCTION MANAGER shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSTRUCTION MANAGER or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSTRUCTION MANAGER shall promptly submit Certificates of Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSTRUCTION MANAGER shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSTRUCTION MANAGER from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSTRUCTION MANAGER shall 37 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 772 11.D.6 immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSTRUCTION MANAGER shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. 20. VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSTRUCTION MANAGER may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 21. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSTRUCTION MANAGER that a project professional liability policy will be purchased, then CONSTRUCTION MANAGER agrees to use its best efforts in cooperation with the COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSTRUCTION MANAGER's professional liability policy. If no credit is available from CONSTRUCTION MANAGER's current professional policy underwriter, then CONSTRUCTION MANAGER agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). The CONSTRUCTION MANAGER agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSTRUCTION MANAGER, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project - specific professional liability insurance policy in consideration for a reduction in CONSTRUCTION MANAGER's self -insured retention and the risk of uninsured or underinsured CONSTRUCTION MANAGER's. B. The CONSTRUCTION MANAGER agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSTRUCTION MANAGER to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSTRUCTION MANAGER and its professional subconsultant's as named insureds. 38 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK PRECONSTRUCTION PHASE SERVICES COLLIER COUNTY SPORTS COMPLEX (Solicitation No.: 17-7198) Packet Pg. 773 11.D.6 MANHCON-08 ACORU' L___ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 02/15/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Rooney Insurance Agency, Inc. 4700 South Garnett Road, Suite 200 Tulsa, OK 74146 INSURED Manhattan Construction (Florida), Inc. 3705-1 Westview Drive Naples, FL 34104 CONT NAMEA CT Christy Thompson NAME: PH/C. N . EXn: (918) 878-3366 (FAAic. N.):(918) 878-3388 nsurance.com The Travelers Indemnity Co. Travelers Property Casualty Company of America Cr1VPf?A(APC r`FRTIFIRGTF NI IMRFR- REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L TypE OF INSURANCE ADDL D SUBR W D POLICY NUMBER POLICY EFF IDD POLICY EXP M IDD LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00( CLAIMS -MADE � OCCUR X VTC2K-CO-1098A840 10/01/2017 10/01/2018 DAMAGE TO RENTED PREMISES Ea occurrence 1 000 00( $ Contractual Liabilit X MED EXP (Any oneperson) $ 5,00( X XCU PERSONAL & ADV INJURY $ 1,000,UO( GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,001 PRODUCTS - COMP/OP AGG $ 3,000,001 POLICY �X JERef D LOC $ OTHER: B AUTOMOBILE LIABILITY CO (Ea acccidentSINGLE LIMIT $ 1,000,001 BODILY INJURY Per erson $ ANY AUTO X VTC2J-CAP-1098A852 10/01/2017 10/01/2018 BODILY INJURY Per accident $ OWNED SCHEDULEDAUTOS ONLY AUTOS PROPERTYcDAMAGE $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY Ix $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,001 EXCESS LIAB CLAIMS -MADE X VTSMJ-CUP-1098A968 10/01/2017 10/01/2018 AGGREGATE $ 5,000,001 DED X RETENTION$ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A VTC2J-UB-1098A803 10/01/2017 10/01/2018 X I STATUTE EERH E.L. EACH ACCIDENT 1,000,001 $ E.L. DISEASE - EA EMPLOYE 1,000,OOI $ E.L. DISEASE - POLICY LIMIT 1,000,001 $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Collier County Sports Complex, #17-7198 General Liability Deductible is $500,000.00 Collier County Board of County Commissioners is included as an additional insured under the captioned General Liability and Automobile Liability Policies or a primary and non-contributory basis if and to the extent required by written contract. Should any of the above described policies be cancelled before the expiration date thereof a Thirty (30) Day written notice will be mailed to the Certificate Holder. Collier County Board of County Commissiioners 3295 Tamiami Trail E. Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION, All rights reserved. .The ACORD name and logo are registered marks of ACORD Packet Pg. 774 11.D.7 ne DAVIDSON E N G I N E E R I N G November 3, 2020 Collier County Board of Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Civil Engineering • Planning • Permitting www.davidsonengineering.com Re: Collier County Sports Complex and Events Center - Phase 2.0 - Horizontal Construction Clearing and Grubbing - <110 Acres To Whom It May Concern, We have received the Bid Tabulation Sheets from the Construction Manager at Risk (CMAR), Manhattan Construction Company (MCC), and have reviewed the following bid items pertaining to the Phase 2.0 Horizontal Construction for the proposed Collier County Sports Complex and Events Center (SCEC). The bulleted documents below were provided to MCC during the bidding process. • Approved Construction Plans • Specifications for Clearing and Grubbing Upon review, it is apparent that MCC's sub -contractors are qualified bidders. These sub -contractors clearly met all specifications, prepared thorough bids, and met the overall bid requirements. MCC was required to solicit a minimum of three (3) bids and the formal solicitation took place in September/October 2020. Davidson Engineering reviewed all bids received and found consistency with the monetary values and material take -offs during preliminary reviews. Based on our review of the overall project scope as outlined in the construction documents, DE supports an award of the Phase 2.0 — Horizontal Construction at the proposed Collier County Sports Complex and Events Center as presented by Manhattan Construction Company (Clearing and Grubbing only). Thank you, Josh Fruth Davidson Engineering, Inc. Vice President 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: (239) 434.6060 • F: (239) 434-6084 1990 Main Street • Suite 750 • Sarasota, FL 34236 • P: (941) 309-5180 Packet Pg. 775