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Item U7
u.7 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting May 22, 2019 Agenda Item Number: U.7 Agenda Item Summary #5012 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Matthew Howard(305) 292-4337 N/A AGENDA ITEM WORDING: Approval of Fourth Amendment to the Construction Manager at Risk (CMAR) agreement with Biltmore Construction Co. Inc., to increase the Guaranteed Maximum Price (GMP) by $1,436,981.00 for the Plantation Key Judicial Courthouse and Detention Facility for a total GMP of$34,255,422.14. The project will be co-funded by the 2014 revenue bond and the one cent infrastructure sales tax. ITEM BACKGROUND: This Fourth Amendment to the CMAR contract with Biltmore proposes to add recommended scopes that were included as alternates on the CMAR GMP proposal. The items recommended for inclusion and their prices are Bahama Shutters ($187,646); casework allowance for Court Rooms "A", "B", & "C" ($425,812); wood acoustical panel treatment allowance ($82,503); and additional painting and site work ($741,020). The increase to the GMP will be $1,436,981. The amended GMP will be $34,255,422.14. PREVIOUS RELEVANT BOCC ACTION: 12/13/17 - BOCC approved a contract with Biltmore for CMAR services for the P.K. Gov. Center. 3/21/18 — BOCC approved a GMP amount for the Magnolia Street Fuel Storage and Distribution system Relocation Project with Biltmore. 4/19/18 — BOCC approved a GMP amount for the Wastewater treatment plan replacement and abandonment project with Biltmore. 5/16/18 — BOCC approved CMAR First Amendment to add the GMP for the Fuel Island Relocation and Treatment Plant Replacement. 10/17/18 — BOCC approved CMAR Second Amendment to add the Plantation Key Courthouse cost to the GMP. 4/17/19 — BOCC approved CMAR Third Amendment to add wastewater utility services for the Florida Keys Children's Shelter. CONTRACT/AGREEMENT CHANGES: 4th Amendment adds recommended alternates and updates GMP STAFF RECOMMENDATION: Approval of Fourth Amendment to CMAR contract. Packet Pg. 3357 u.7 DOCUMENTATION: Amend. 4 CMAR Biltmore - CAY stamped CMAR Contract& Amendments 1-3 Biltmore EXEC Biltmore_Wastewater Project GMP_EXEC - 4-19-18 Biltmore GMP Fuel Island EXEC - 3-21-18 CSA PK Courthouse Millwork Narrative Rendering_Courtroom A & B Rendering—Bahama Shutters FINANCIAL IMPACT: Effective Date: 5/22/2019 Expiration Date: Total Dollar Value of Contract: $34,255,422.14 Total Cost to County: $34,255,422.14 Current Year Portion: $4,000,000.00 Budgeted: Yes Source of Funds: 314 26008 CP1503 CPI: N/A Indirect Costs: $0 Estimated Ongoing Costs Not Included in above dollar amounts: Ongoing operation and maintenance costs estimated at 5% of capital cost starting in year the building is occupied. Revenue Producing: No X If yes, amount: Grant: No County Match: $0 Insurance Required: Yes Additional Details: Updated GMP for total project is $34,255,422.14 with this amendment Yes 05/22/19 314-26008 CAPITAL OUTLAY BUILDING $1,436,981.00 CP-1503 REVIEWED BY: Ann Mytnik Completed 05/03/2019 12:38 PM Cary Knight Completed 05/07/2019 9:15 AM Patricia Eables Completed 05/07/2019 11:19 AM Chris Ambrosio Skipped 05/07/2019 9:14 AM Kevin Wilson Completed 05/07/2019 12:19 PM Budget and Finance Completed 05/13/2019 9:34 AM Maria Slavik Completed 05/14/2019 11:18 AM Kathy Peters Completed 05/14/2019 11:20 AM Packet Pg. 3358 u.7 Board of County Commissioners Pending 05/22/2019 9:00 AM Packet Pg. 3359 U.7.a FOURTH AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND BILTMORE CONSTRUCTION CO., INC. FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY This Fourth Amendment to the Construction Management at Risk Contract between Monroe County, Florida ("Owner") and Biltmore Construction Co., Inc. ("Construction Contractor"), for the Plantation Key Judicial Courthouse and Detention Facility ("Project"), dated December 13, 2017 E ("Agreement"),is made and entered into this 22°d day of May,2019 in order to amend the Agreement as follows: 12 WHEREAS, on December 13, 2017, the parties entered into an Agreement for Construction Contractor to perform all construction management work in connection with the Project; and WHEREAS, on May 16, 2018, the parties executed the First Amendment to the Agreement to incorporate the Guaranteed Maximum Price ("GMP") and contract time for the Public Works Fuel as U) Island Relocation and Roth Building Wastewater Treatment Plant Replacement phases of the Project; 0 and 0 WHEREAS, on October 17, 2018,the parties executed the Second Amendment to the Agreement a to incorporate the GMP dated October 2, 2018, and contract time for the Plantation Key Judicial as Courthouse and Detention Facility phase of the Proj ect; and WHEREAS, on April 17, 2019, the parties executed the Third Amendment to the Agreement to U) incorporate the decommissioning of the existing wastewater treatment plant currently shared by the Florida Keys Children's Shelter building. E NOW THEREFORE, in consideration of the mutual promises contained herein, the Owner and Construction Contractor agree to amend the Agreement as follows: ARTICLE I - SCOPE OF WORK The Scope of Work contemplated and approved in this Amendment consists of allowances and add as alternates to the work accounted for in the Plantation Key Judicial Courthouse and Detention Facility GMP dated 10/2/18, that have been agreed to and entered into between Owner and Construction Contractor to the extent as follows: c� 1. Bahama Shutters. 2. Court Room"A","B" & "C" Millwork. 3. Wood Acoustical Panel Treatment. FOURTH AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY Page 1 of 3 Packet Pg. 3360 U.7.a 4. Painting of the west side only of the existing courthouse and the east side only of the L shaped building housing the tower cable, painting of Adjacent"L" Building, Last Phase of Site Work (Includes Clearing, Demolition, Grading, Asphalt, Striping/Signage, Curbs, Drainage, Lighting, Utilities, Landscaping,Irrigation, Demolition of the Existing Detention Facility and General Conditions for last Phase of Site Work. as ARTICLE 2 - GMP 2.1 The Construction Contractor's GMP for the Work, including estimated Cost of the Work as defined in Section 5 and Construction Contractor's Fee as defined in Section 4 of the Agreement, and in exhibits B and E to GMP dated 10/2/18 contemplated and approved in this Amendment consists of: 1. Bahama Shutters in the amount of$187,646. 0 2. Court Room"A","B" & "C"Millwork Allowance in the amount of$425,812. 3. Wood Acoustical Panel Treatment allowance in the amount of$82,503. 4. Painting of the west side only of the existing courthouse and the east side only of the L shaped U) building housing the tower cable, painting of Adjacent"L" Building, Last Phase of Site Work c Includes Clearing,Demolition, Grading,Asphalt, Striping/Signage,Curbs,Drainage,Lighting, 0 Utilities, Landscaping, Irrigation, Demolition of the Existing Detention Facility and General a Conditions for last Phase of Site Work in the amount of$741,020. as 5. The allowances and add alternatives in this section are included at a reduced value from the E original GMP and are based on CSA Architects rendering showing reduced scopes of work. If actual costs for any individual allowance or alternate exceeds the amounts specified for that item then that amount will only be adjusted by a timely approved change order. In the event 0 E costs are lower than the allowance, an adjustment by change order will be made at the final M billing for the project. The cost of Plantation Key Judicial Courthouse and Detention Facility recommended allowances and add alternates (2.1: 91 - 94 above) increases the GMP by $1,436,981 (One Million Four Hundred Thirty-Six Thousand Nine Hundred Eight-One and 00/100 Dollars). Except as expressly modified herein,all other terms and conditions of the Agreement and GMP as amended remain unchanged. In the event of a conflict between the terms of this Amendment and those of the Agreement, Owner and Construction Contractor agree that the terms of this Amendment shall prevail and control. FOURTH AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY Page 2 of 3 Packet Pg. 3361 IN WITNESS WHEREOF, each party caused this Amendment to the Agreement to be executed by its duly authorized representative. (SEAL) ATTEST: KEVIN MADOK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA E By: By: Clerk Mayor/Chairman E Date: 0 BILTMORE CONSTRUCTION CO, INC. CONTRACTOR WITNESS U) By: Witness Signature: 0 Name: Witness Name and Date: 0 Title: Witness Signature: Date: Witness Name and Date: E U) 0 E MONROE COUNTY ATTORNEY ,AP OVER A TO ORM 'CHRIS AMBROSIO ASS)JITAN CO 0NTY ATTORNEY , E / Date. 3 --T-7 E FOURTH AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY Page 3 of 3 1 Packet Pg. 3362 U.7.b THIRD AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND BILTMORE CONSTRUCTION CO., INC.FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION 1 FACILITY This Third Amendment to the Construction Management at Risk Contract between Monroe County, Florida ("Owner") and Biltmore Construction Co., Inc. ("Construction Contractor"), for the Plantation Key Judicial Courthouse and Detention Facility ("Project") dated December 13, 2017, ("Agreement"), is made and entered into this 17`h day of April, 2019 in order to amend the Agreement as follows: WITNESSETH 0 WHEREAS, on December 13,2017 the Monroe County Board of County Commissioners (`BOCC") approved the Agreement with Construction Contractor to perform all construction management work in connection with the development of the Plantation Key Judicial Courthouse and Detention Facility("Project"); and o WHEREAS, on April 19, 2018 the BOCC approved the Guaranteed Maximum Price ("GMP") from Construction Contractor for the Plantation Key Government Center and Roth Building Wastewater Treatment Plant Replacement and Abandonment phase ("Wastewater Phase")of the Project in the amount of$783,765.00; and i WHEREAS,on May 16,2018 the BOCC approved the First Amendment to the Agreement 0 to incorporate the GMP and Contract Time for the Public Works Fuel Island Relocation and the Wastewater Phase of the Project; and i WHEREAS, on October 17, 2018 the BOCC approved the Second Amendment to the Agreement to incorporate the GMP and Contract Time for the Project; and WHEREAS, the Wastewater Phase of the Project requires the decommissioning of the existing water treatment utilities and sanitation facilities. The Florida Keys Children's Shelter building ("Children's Shelter") utilizes and shares the sanitation system that also services the 06 Plantation Key Government Center property. Many requests were made to the Children's Shelter to have it connect to the new utilities and sanitation system being installed.The Children's Shelter is not yet connected to the sewer main and this failure is causing delay in the progress of the Project and the Construction Contractor's ability to proceed effectively with the Project. WHEREAS, this Third Amendment adds the Children's Shelter sanitation system work and utility connection to the sewer main without increasing the GMP to the Construction Contractor's scope of work; e THIRD AK4EN AC-NT TO CONISTRUCHON iMANAGEMENT AT RISK CONTRAcr BEI� VLEN N40NRCE COUNT-,',FLORIDA AND OID-VAORE CONS RUCHON CO.,INC.FOR THE PLAN PXION KEY JUDIOAL COURTHOUSE AND D VENTION FACILITY Page I of 2 Packet Pg. 3363 NOW THEREFORE, in consideration of the mutual promises contained herein, the Owner and Construction Contractor agree to amend the Agreement as follows: ARTICLE 1 —SCOPE OF WORK 1.1 Construction Contractor shall provide all equipment,material,and labor, including grinder pumps, 2" force main, a grease interceptor, electrical systems, site work, and all work necessary for construction of the Children's Shelter sewer connection and utility installation. ARTICLE 2—GMP 2.1 Construction Contractor shall perform all necessary work described herein at a not to exceed cost of Ninety-Three Thousand Five Hundred Ninety Eight and 57/100 dollars ($93,598.57), which will be included in the Wastewater Phase GMP of$783,765.00. ARTICLE 3—CONTRACT TIME 3.1 Due to the additional Children's Shelter work, the Substantial Completion for the Wastewater Phase shall increase by 160 days from February 25,2019 to August 4,2019. c Except as expressly modified herein, all other terms and conditions of the Agreement remain unchanged. In the event of a conflict between the terms of this Amendment and those of the Agreement,the terms of this Amendment shall prevail and control. �� �.. TNESS WHEREOF, each party caused this Third Amendment to the Agreement to be asp - - e its duly authorized representative. E i VIN MADOK BOARD OF COUNTY COMMISSIONERS ,,°r °,°.•° OF MON CO Y,FLORIDA Bv: By: N., Mayor/Chairman 0 r' -p i M Date: &�17, U I I rn;;0 -r ��r7 cat BI CONST TION CO,.,INC. CONTRACTOR WITNESSc_tl 7 �s By: Witness signature; Name:l 0- U --I',�°'�� Witness name: 13 r u 2 .mil r- Title: Date: MONROE COUNTY ATTORNEY APPR. ". D As... FOR ` CHRIS AMBROSIO ASS_ ISrT T 7U TY ATTORNEY Qate: % I Packet Pg. 3364 U.7.b SECOND AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND BILTMORE CONSTRUCTION CO.,INC.FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY This Second Amendment to the Construction Management at Risk Contract between Monroe County, Florida("Owner") and Biltmore Construction Co., Inc. ("Construction Contractor"), for the Plantation Key Judicial Courthouse and Detention Facility ("Project") dated December 13, 2017 ("Agreement"), is made and entered into this 17th day of October, 2018 in order to amend the Agreement as follows: 0 WITNESSETH WHEREAS, on December 13, 2017 the Monroe County Board of County Commissioners (`BOCC") approved the Agreement with Construction Contractor to perform all construction management work in connection with the development of the Plantation Key Judicial Courthouse and o Detention Facility and; WHEREAS, on May 16, 2018 the BOCC approved the First Amendment to the Agreement to incorporate the Guaranteed Maximum Price ("GMP") and Contract Time for the Public Works Fuel Island Relocation and Roth Building Wastewater Treatment Plant Replacement phases of the project; and 0 NOW THEREFORE, in consideration of the mutual promises contained herein, the Owner and Construction Contractor agree to amend the Agreement as follows: ®I U) ARTICLE 1 - SCOPE OF WORK The scope of Work contemplated in this Second Amendment consists of all the Work accounted for in the Plantation Key Judicial Courthouse and Detention Facility GMP, that have been agreed to and entered into between Owner and Construction Contractor, in accordance with the Agreement, 06 which are hereby attached to, incorporated and made a part of this Second Amendment by reference as follows: o 1. Plantation Key Judicial Courthouse and Detention Facility GMP dated October 2,2018. ARTICLE 2-GMP 2.1 Construction Contractor's GMP for the Work, including the estimated Cost of the Work as defined in Section 5 of the Agreement and Construction Contractor's Fee as defined in Section 4 of the Agreement,is as follows: Packet Pg. 3365 U.7.b 1. Plantation Key Judicial Courthouse and Detention Facility GMP - $32,818,441.14. (Thirty- Two Million Eight Hundred Eighteen Thousand Four Hundred Forty-One and 14/100 Dollars). 2.2 The GMP includes material that may be purchased directly by the Owner ("Owner Direct Purchases"). Construction Contractor will process deductive Change Orders under the Agreement for E the actual amount of Owner Direct Purchases, inclusive of sales taxes. Prior to final payment, a final reconciliation of the Owner Direct Purchases against the GMP will be performed and a final Change Order will be prepared for the Owner's review and execution. 2.3 The Construction Contractor's Overhead and Profit for these portions of the Project are hereby established as a not to exceed amount of Construction Manager Fee said not to exceed o amount included within the GMT as follows: 1. Plantation Key Judicial Courthouse and Detention Facility GMP - $1,857,647.61. (One t3 Million Eight Hundred Fifty-Seven Thousand Six Hundred Forty-Seven and 61/100 Dollars). 0 2.4 The General Conditions / Requirements including Construction Phase Fee (Personnel) expenses for the Plantation Key Judicial Courthouse and Detention Facility GMT anticipated on this Project are hereby established as a not to exceed amount of $3,598,351.60. (Three Million Five .� Hundred Ninety-Eight Thousand Three Hundred Fifty-One and 60/100 Dollars), said amount is included within the GMP. The items included as General Requirements expenses are listed in the List Wi 2 of Itemized General Requirements in the GMP. Except as said not to exceed amount for General Requirements expenses may be expressly adjusted by Change Order or Construction Change Directive. Construction Contractor acknowledges and agrees that Owner shall have no liability for any General Requirements expenses beyond payment of the above noted amount and Construction Contractor agrees that it shall not be entitled to receive any additional compensation from Owner for E the General Conditions beyond the above amount unless approved by Owner in writing. Construction Contractor shall provide an accounting of funds allocated for General Requirements expenses at the 06 completion of the project as a precedent to final payment. Construction Contractor shall return to the Owner any amounts paid for General Requirements expenses that exceed the amount of actual 0 General Requirements expenses accounted for by Construction Contractor, and amounts returned shall be credited from the GMP. 2.5 Monthly installment payment of the Construction Contractor's Fee and the General Requirements expenses shall be based upon the actual cost incurred for the designated portion of the E SECOND AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND BILTMORE CONSTRUCTION CO., INC. FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY Page 2 of 5 Packet Pg. 3366 U.7.b Work for each particular month. Contractor shall supply backup and support for that portion of Contractor's Fee requested in each Pay Application in a form acceptable to owner. 2.6 In order to efficiently and timely address any unknown or unanticipated conditions that are within the scope of the required Work and are otherwise reimbursable without duplication as a Cost E of the Work, but excluding all items that are to be reimbursed under the General Requirements expense amount noted in paragraph 2.4 above, the parties have agreed to establish an Project Contingency Allowance within the GMP in a not-to-exceed amount of PROJECT CONTINGENCY AMOUNT of$1,030,690.96 (One Million Thirty Thousand Six Hundred Ninety and 96/100 Dollars) for the Plantation Key Judicial Courthouse and Detention Facility GNP. Contingency funds shall be o used to cover costs that may result from incomplete design and unanticipated costs that arise during construction that are not identified by the construction documents. Construction Contractor shall not proceed with any portion of the Work which it intends to charge against this contingency without 0 first obtaining Owner's express written authorization to proceed. The Construction Contractor acknowledges and agrees that any work which is to be charged against the contingency allowance that does not receive such prior written approval from the Owner shall be deemed to be part of Construction Contractor's basic Work compensated within the GMP and not chargeable against the Project Contingency Allowance.Unused contingency remaining at the end of the job will be credited Wi 2 from the GMP. Construction Contractor has no entitlement to any portion of any unused contingency. Contractor shall prepare and submit to Owner a monthly report regarding contingency co I usage and consumption with supporting back up and documentation in a form acceptable to Owner. Ir- All contingency expenditures shall be subject to audit and review by Owner prior to issuing a progress or final payment. 2.7 The parties have agreed to establish allowances within the GMP for items and amounts identified in the GMP Proposal. Construction Contractor shall not proceed with any portion of the 06 Work associated with the aforesaid allowance ("Allowance Work") without first obtaining Owner's express written authorization to proceed with said Allowance Work. Unused Allowance Amounts 0 remaining at the end of the job will be credited from the GMP. Construction Contractor has no entitlement to any portion of any unused allowances. Allowances that are exceeded shall be adjusted via change order. 2.8 Construction Contractor recognizes that the Agreement may include work for trench E excavation in excess of five feet deep. Construction Contractor acknowledges the requirements set SECOND AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND BILTMORE CONSTRUCTION CO., INC. FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY Page 3 of 5 Packet Pg. 3367 U.7.b forth in Section 553.63 of the Florida Statutes titled Trench Safety Act. Construction Contractor certifies that the required trench safety standards will be in effect during the period of construction of the Project and Construction Contractor agrees to comply with all such required trench safety standards. E ARTICLE 3 - CONTRACT TIME 3.1 The Construction Phase Commencement Date for the Work for the Plantation Key Judicial 12 Courthouse and Detention Facility GMP is to be decided (TBD) as provided by a notice to proceed (NTP). The total period of time beginning with the Construction Phase Commencement Date through o the date required for Substantial Completion of the Work for the Plantation Key Judicial Courthouse and Detention Facility GMP is Nine Hundred Thirteen (913) CALENDAR DAYS FOR COMPLETION("Contract Time"). 0 The Substantial Completion Date is therefore established as 913 calendar days from the NTP for the Plantation Key Judicial Courthouse and Detention Facility GMP. 3.2 Pursuant to this Agreement, the parties have established a liquidated damage rate for reasons stated therein, which the parties acknowledge and agree apply to this Amendment and Construction Contractor's responsibility to complete the Work within the Contract Time as stated herein. Wi 2 Accordingly, the liquidated damage rate established in this Agreement shall be assessed from Construction Contractor for each calendar day Construction Contractor fails to achieve Substantial co I Completion for the Designated Work within the Contract Time and shall be the sole remedy for all damages for delay. Except as expressly modified herein, all other terms and conditions of the Agreement and E First Amendment remain unchanged. In the event of a conflict between the terms of this Second Amendment and those of the Agreement, Owner and Construction Contractor agree that the terms of 06 this Second Amendment shall prevail and control. 0 SECOND AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND BILTMORE CONSTRUCTION CO., INC. FOR THE PLANTATION KEYJUDICIAL COURTHOUSE AND DETENTION FACILITY Page 4 of 5 Packet Pg. 3368 U.7.b li\TUSIVITNESS WHEREOF, each party caused this Second Amendment to the Agreement to C-b- xecQtE�b;'ts duly authorized representative. MADOK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA By: C. By: u Mayor/Chairman - 0 Date: i 1 2 o I S �s U) 0 BEL O ONS U TION CO.,INC. By: Name: .� 2 Cam, � :.. Title: �O �� � - o - . ao; --rj Date: ® 1 r- M Witness signat _ .,- .o "T? �. mi Witness name: ev, Lea�eerLtouse :? ' ' Date: C.0 A q t x Witness signaturor e: MONROE COUNTY ATTORNEY � Witness name: APPROVED AS TO FORM Date: IQ71�71,e u CHRIS AMBROSIO ASSISTANM UNTYr RNEY Date: `U u SECOND AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND BILTMORE CONSTRUCTION CO., INC. FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY Page 5 of 5 Packet Pg. 3369 + B]ILTMORE ' CONSTRUCTION CO., INC. - - • L A - • • • • • A — • — • ' # A, r - 9 d � � � , S 4 � 'far, � •'fl � -�.� OWp r ' � 1 U.7.b BIELThe MTMORE Monroe County Board of County Commissioners " Plantation Key Judicial Courthouse and Detention Facility CONSTRUCTION CO., INC. Guaranteed Maximum price(GMt')proposal X�' TABLE OF CONTENTS ❖ Article 1—Guaranteed Maximum Price(GMP)Proposal Project Summary ❖ Exhibit A-Enumeration of Contract Documents ❖ Exhibit B-Allowance Items g, U) 0 ❖ Exhibit C-Assumptions and Clarifications 0 ❖ Exhibit D-Construction Schedule ❖ Exhibit E-Voluntary Alternates 2 0 ❖ Exhibit F-Possible Value Engineering Opportunities I U) 06 October 1,2018(Rev 3) BCC Project#986 Page 1 Packet Pg. 3371 U.7.b Plan BIELTMORE The Monroe County Board of County Commissioners MCONSTRUCTION tation KeyJudiciol Courthouse and Detention Facility CO., INC. Guaranteed Maximum trice(GMP)Proposal ARTICLE 1-Guaranteed Maximum Price(GMP)Proposal Biltmore Construction Co., Inc. proposes to complete the work, as described herein,for the Guaranteed Maximum Price (GMP) of: THIRTY TWO MILLION EIGHT HUNDRED EIGHTEEN THOUSAND FOUR HUNDRED FORTY ONE DOLLARS AND 14/100($32,818,441.14). This Guaranteed Maximum Price is for the performance of the Work as described herein and in accordance with the Contract Documents and Exhibits A through Exhibit F. O This Guaranteed Maximum Price(GMP) Proposal must be accepted in writing by the Owner on or before December 1, 2018. After said date, this Guaranteed Maximum Price (GMP) Proposal shall be null and void,absent the express written acceptance by Biltmore Construction Co., Inc.. t3 Un By,acceptance of the GMP and issuance of a Contract Amendment, Purchase Order and/or Notice to Proceed, The Monroe County Board of County Commissioners hereby incorporates this GMP Proposal into the Agreement between Owner and Construction Manager. I O I 8n 06 CY October 1,2018(Rev 3) BCC Project#986 Page 2 Packet Pg. 3372 U.7.b _ �/SOD The Monroe County Board of County Commissioners B�lM R r, A ' Plantation Key Judicial Courthouse and Detention Facility CONSTRUCTION CO., INC. Guaranteed Maximum Price(GMP)Pro,- PROJECT SUMMARY Plantation Key Judicial Courthouse and Detention Facility(PKJCDF) 88820 Overseas Highway Tavernier, Florida Demolition of existing structures,complete site development of 6.25 acres to be completed in phases and construction of a new two story Courthouse,and one story Detention Facility,approximately 48,250 gross square foot. O Construction of PKJCDF is in accordance with 2017 Florida Building Code Sixth Edition, pursuing FGBC Building Standard v2 Silver Certification and compliant with the Americans with Disabilities Act(ADA). The site will be enhanced with updated utility service connections to the new building, new paving and U) drainage installed,as well as a fully landscaped site. The new two-story (2) Courthouse Building will feature secured access, parking garage, 3 courtrooms, U Judges Chambers,and ancillary support spaces. CL The new Detention Center will include 4 double cells and 3 single cells to house 11 bunks and 23 double U bunks to be housed in the dormitory, totaling 57 bunks. Sally port, open dormitory sleeping quarters, men's and women's locker rooms, electronic security control and devices, Control Room,Officer's Bunk Room,All Detention Equipment and Security Equipment will be as prepared in the Project Documents and O in accordance with this GMP Proposal. I U) 06 ®� i i i L � October 1,2018(Rev 3) BCC Project#986 Page 3 Packet Pg. 3373 U.7.b 986 PKJCDF GMP Breakdown Worksheet 10/2/2018 Division Itemized Description of the Work Base GMP'Amount 02A Existing Conditions-Asbestos Abatement(Allowance) $ 25,000.00 02B Demolition-(to achieve"Green Field"site) $ 141,813.00 02C Testing $ 74,850.00 02D Survey $ 26,400.00 02E Final Cleaning $ 83,700.00 03A Cast-In-Place Concrete $ 2,704,020.50 E 03B Site Concrete,Sidewalks,Curbs,etc... $ 222,890.00 03C Hollow Core Planks $ 317,245.50 04A Masonry $ 1,114,847.65 05A Structural Steel $ 988,000.00 o t.3 05B Miscellaneous Metals/Pipe and Tube Railings $ 279,486.87 05C Yard Mesh With Installation $ 40,000.00 06A Rough Carpentry/General Works $ 200,000.00 06B Architectural Millwork/Casework $ 472,281.00 07A Roofing and Sheet Metal Flashing,and Insulation $ 546,000.00 0 07B Joint Sealants $ 42,000.00 _ 07C Expansion Joint Covers $ 5,600.00 U LU 08A Doors, Frames,and Hardware(Non-Detention) $ 390,000.00 LU I 08B Doors, Frames and Hardware(Detention) $ 261,084.01 08C Accordion Folding Doors $ 11,800.00 O8D Security Glazing $ 160,606.55 ®I 08E Storefronts,Curtain Walls and Sun Shades/Glass $ 655,669.30 U) 08F Overhead Coiling Doors and Grilles $ 58,000.00 08G Skylights $ 156,440.00 08H Auto Door Operators(100A&100B) $ 10,930.47 E 081 Louvers(Architectural) $ 28,474.26 06 09A Gypsum Assembly and Metal Studs $ 1,660,000.00 09B IStucco $ 880,198.87 0 09C Tile Flooring $ 173,520.64 09D Carpeting $ 133,847.57 09E Finish Flooring $ 189,851.14 09F Moisture Control (Allowance) $ 60,000.00 E 09G Epoxy Flooring $ 91,843.86 09H Stained and Sealed Concrete Floors $ 41,514.00 091 Acoustical Ceilings $ 195,508.00 091 Acoustical Panels(Allowance) $ 120,000.00 1of3 Packet Pg. 3374 U.7.b 986 PKJCDF GMP Breakdown Worksheet 10/2/2018 Division Itemized Description of the Work Base GMP Amount 09K Painting $ 219,344.00 10A Toilet Compartments $ 21,608.00 10B Toilet and Bath Accessories $ 22,433.00 10C Fire Extinguishers and Cabinets $ 49,545.00 10D Lockers and Shelving $ 16,900.00 10E Mobile Storage Shelving $ 65,350.00 10F Wall Protection $ 2,300.00 10G Ground-Set Flag Poles $ 29,952.00 10H Security Accessories' $ 37,365.05 0 101 Signage, Plaques,and Directories $ 157,434.00 �3 10.1 Entrance Mats $ 5,000.00 10K Interior Water Wall (Allowance) $ 50,000.00 11A Detention Equipment $ 177,860.56 11B Vault $ 31,690.25 11C Parking Control Equipment $ 58,000.00 U 12A Courtroom Benches $ 76,000.00 _ 12B Window Treatments $ 28,152.25 �3 13A Landscaping at removed Exterior Fountain (Allowance) $ 7,000.00 I 14A Elevators $ 416,925.00 21A Fire Suppression $ 284,803.93 22A Plumbing(including interior water wall pumps and piping) $ 1,403,766.00 ®I 23A HVAC $ 1,603,000.00 U) 26A Electrical $ 4,626,134.00 27A Communications/Cabling $ 148,920.00 28A Electronic Safety and Security DET(Allowance) $ 946,000.00 E 31A Site Improvements-(to achieve "Green Field"site) $ 972,457.00 06 31A Site Improvements $ 1,231,330.56 31B Augercast Piling $ 6,726.00 0 32A Landscape and Irrigation (Allowance) $ 379,854.00 32B Pavers (Allowance) $ 96,000.00 32C Chain Link Fencing and Gates $ _ 32,000.00 $ Subcontractor Direct Cost(SDC)SUBTOTAL $ 25,767,273.79 Construction Managers Personnel/Travel/Living $ 2,926,335.60 General Conditions $ 672,016.00 Permit By Owner 2 of 3 Packet Pg. 3375 986 PKJCDF GMP Breakdown Worksheet 10/2/2018 Division Item'iied Description of the Work Base GMP Amount Liability Insurance.92 GMP $ 301,929.66 Bonding.8% $ 262,547.53 Builders Risk/Including Windstorm&Flood Buydown (Allowance) $ - Builders Risk Deductible (Allowance) $ - Construction Cost Budget(CCB) $ 29,930,102.58 Construction Managers Fee 6%GMP Less Fee $ 1,857,647.61 Total Construction Cost(TCB) $ 31,787,_750.19 CM Contingency 2%SDC $ 515,345.48 Contingency 2%SDC $ 515,345.48 Guaranteed`Maximuin Price GMP o ( ) $ 32,818,441;14. U) 0 0 I 0 E ®I U) 06 3 of 3 Packet Pg. 3376 U.7.b L��01 W The Monroe County Board of County Commissioners The Key Judicial Courthouse and Detention Facility CONSTRUCTION CO., INC. Guaranteed Maximum Price(GMP)Proposal EXHIBIT A—Enumeration of Contract Documents Contract Documents include: the Drawings, Specifications, Addenda (Construction Documents), the Agreement, General Conditions,Supplementary Conditions as expressly noted herein,and this Exhibit A, as well as the Guaranteed Maximum Price(GMP) Proposal in its entirety. This GMP Proposal is expressly recognized as a Contract Document inasmuch as it forms the basis upon which the Guaranteed Maximum Price is based. As such, in the event there is any disagreement, conflict, or ambiguity between the GMP Proposal and any other Contract Document, the GMP Proposal shall govern. O The Owner's issuance of any Notice to Proceed, Purchase Order, or any other written directive or instructions to proceed with the Work,after this signed GMP Proposal has been delivered by Biltmore to the Owner,shall constitute an express acceptance of the foregoing Enumeration of Contract Documents and the enforceability thereof. U) O O See Attached LU LU IL 2 O E i U) 06 October 1,2018(Rev 3) BCC Project#986 Page 4 t Packet Pg. 3377 U.7.b 986 Plantation Key Judicial Courthouse Enumeration of Documents Revised 6/29/2018 and Detention Facility:New Construction ;Discipline Drawing No. Drawing Title Rev No. Drawing Date Received Date Set Namel Architectural AO COVER 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural AO.0 DRAWING INDEX 0 6/22/2018 6/27/2018 Bid/Permit Set.6/22/18 Architectural AO.1 GENERAL NOTES,A.D.A.A.G SPECS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural AO.2 LEGAL DESCRIPTION AND PROJECT DATA 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural AO.3 BUILDING CODE ANALYSIS AND CALCULATIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural AO.4 FIRST FLOOR LIFE SAFETY PLAN-DETENTION 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural AO.5 FIRST FLOOR LIFE SAFETY PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural AO.6 SECOND FLOOR LIFE SAFETY PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A1.01 ARCHITECTURAL SITE PLAN 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 E Architectural A1.02 SITE DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A1.03 SITE DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A1.04 EXTERIOR FOUNTAIN DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A1.05 PAVING PATTERN DETAIL PLAN 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A2.00 OVERALL FIRST FLOOR PLAN 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A2.01 OVERALL SECOND FLOOR PLAN 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 O Architectural A2.02 OVERALL ROOF PLAN 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A2.03 FIRST FLOOR DIMENSIONAL PLAN-DETENTION 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A2.04 FIRST FLOOR DIMENSION PLAN-COURT HOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A2.05 SECOND FLOOR DIMENSIONAL PLAN-COURT HOUSE 0 6/22/2018 6/27/2018 Bid/Permit Seth/22/18 Architectural A2.06 FIRST FLOOR NOTATIONAL PLAN-DETENTION 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 t) Architectural A2.07 FIRST FLOOR NOTATIONAL PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 O Architectural A2.08 SECOND FLOOR NOTATIONAL PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A2.09 ROOF PLAN-DETENTION 0 6/22/2018 6/27/2018 Bid/Permit Set6/22/18 Architectural A2.10 ROOF PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 O Architectural A2.11 FIRST FLOOR FINISH PLAN-DETENTION 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A2.12 FIRST FLOOR FINISH PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 _ Architectural A2.13 SECOND FLOOR FINISH PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 U Architectural A2.14 FIRST FLOOR FURNITURE PLAN-DETENTION FACILITY 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 UJI Architectural A2.15 FIRST FLOOR FURNITURE PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A2.16 SECOND FLOOR FURNITURE PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permitset6/22/18 UJI Architectural A3.01 OVERALL EXTERIOR ELEVATIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 O Architectural A3.02 ENLARGED EXTERIOR ELEVATIONS-WEST 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A3.03 ENLARGED EXTERIOR ELEVATIONS-EAST 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A3.04 ENLARGED EXTERIOR ELEVATIONS-NORTH AND SOUTH 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 ®I Architectural A4.01 ENLARGED DORMITORY&DETENTION PLANS&ELEVATI( 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A4.02 ENLARGED PLANS&ELEVATIONS-CONTROL ROOM,LAU 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A4.03 CORRECTIONS OFFICERS RESTROOM&LOCKERS PLANS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A4.04 ENLARGED PLANS&ELEVATIONS-RECEPTION,VISITING, 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A4.05 ENLARGED PLANS&INTERIOR ELEVATIONS-DETENTION 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A4.10 ENLARGED FIRST FLOOR PUBLIC RESTROOMS-COURTHO 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A4.11 ENLARGED FIRST FLOOR RESTROOMS&INTERIOR ELEVA- 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A4.12 ENLARGED FIRST FLOOR PLANS INTERIOR ELEVATIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/1B Architectural A4.13 ENLARGED SECOND FLOOR PUBLIC RESTROOMS-COURT 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 06 Architectural A4.14 ENLARGED SECOND FLOOR PLANS&INTERIOR ELEVATIOI 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A4.15 ENLARGED FIRST FL.PLANS AND ELEVATIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A4.16 ENLARGED FIRST FLOOR ATRIUM PLANS&ELEVATIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 O Architectural A4.17 COURTROOM ENLARGED PLAN 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 (3 Architectural A4.18 COURTROOM B ENLARGED PLAN 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A4.19 COURTROOM C ENLARGED PLAN 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A4.20 COURTROOM A ENLARGED MILLWORK PLANS AND ELEV/ 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 () Architectural A4.21 COURTROOM A MILLWORK PLANS AND ELEVATIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A4.22 COURTROOM B ENLARGED MILLWORK PLANS AND ELEW 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A4.23 COURTROOM B ENLARGED MILLWORK PLANS AND ELEW 0 6/22/2018 6/27/2018 Bid/Permit Seth/22/18 Architectural A4.24 COURTROOM C ENLARGED MILLWORK PLANS AND ELEV/ 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 c� Architectural A4.25 COURTROOM C ENLARGED MILLWORK PLANS AND ELEW 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A4.26 ENLARGED FIRST FLOOR PLANS AND ELEVATIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A4.27 ENLARGED FIRST FLOOR PLANS AND ELEVATIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A4.28 ENLARGED FLOOR PLAN/INTERIOR ELEV.SECOND FL 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A5.01 INTERIOR ELEVATIONS-DETENTION 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Biltmore Construction Co.,Inc. 1 of 6 Original Document Packet Pg. 3378 U.7.b 986 Plantation Key Judicial Courthouse Enumeration of Documents Revised 6/29/2018 and Detention Facility:New Construction Discipline Drawing No. " Drawing Title Rev No. Drawing Date Received Date Set Name, Architectural A5.02 INTERIOR ELEVATIONS-DETENTION 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A5.10 INTERIOR ELEVATIONS-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 5/22/18 Architectural A5.11 INTERIOR ELEVATIONS-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 5/22/18 Architectural A5.12 INTERIOR ELEVATIONS-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A5.13 INTERIOR ELEVATIONS-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A5.14 INTERIOR ELEVATIONS-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A5.15 INTERIOR ELEVATIONS-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A5.16 INTERIOR ELEVATIONS-COURT HOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A5.17 INTERIOR ELEVATIONS-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 E Architectural A5.18 INTERIOR ELEVATIONS-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A5.19 INTERIOR ELEVATIONS-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A5.20 INTERIOR ELEVATIONS-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A5.21 INTERIOR ELEVATIONS-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A5.22 INTERIOR ELEVATIONS-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A6.01 FIRST FLOOR REFLECTED CEILING PLAN-DETENTION 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A6.02 FIRST FLOOR REFLECTED CEILING PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A6.03 SECOND FLOOR REFLECTED CEILING PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A7.01 BUILDING SECTIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A7.02 BUILDING SECTIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A7.03 BUILDING SECTIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 t) Architectural A7.04 BUILDING SECTIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 O Architectural A7.05 BUILDING SECTIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A7.06 WALL SECTIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A7.07 WALL SECTIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 O Architectural A7.08 WALL SECTIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A7.09 WALL SECTIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 _ Architectural A7.10 WALL SECTIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A7.11 WALLSECTIONS 0 6/22/2018 6/27/2018 Bid/Permit5et 6/22/18 Architectural A7.12 WALLSECTIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A7.13 WALLSECTIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 �I Architectural A7.14 WALLSECTIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 O Architectural A8.01 ELEVATORS 1&2,STAIR&1,PLANS AND SECTIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.02 ENLARGED STAIR 2 PLANS AND SECTION 0 6/22/2018 6/27/2018 Bid/Permitset6/22/18 Architectural A8.03 ENLARGED STAIR 3 PLANS AND SECTION 0 6/22/2018 6/27/2018 Bid/Permitset6/22/18 ®I Architectural A8.04 ENLARGED PLAN AND SECTIONS STAIR 4 AND PRIVATE EL 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.05 INMATE ELEVATOR,DETENTION STAIRS,PLANS AND SECT 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.06 WALL TYPES-MASONRY 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.07 WALLTYPES 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 4) Architectural A8.08 WALL TYPES-STUD 0 6/22/2018 6/27/2018 Bid/Permit Set6/22/18 Architectural A8.09 WALL TYPES-STUD 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.10 EXTERIOR WALL DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.11 EXTERIOR WALL DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.12 EXTERIOR WALL DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 06 Architectural A8.13 EXTERIOR WALL DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.14 EXTERIOR DETAILS-ROOFING 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.15 EXTERIOR DETAILS-ROOFING 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 O Architectural A8.16 EXTERIOR DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.17 UL DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.18 UL DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set6/22/18 Architectural A8.19 UL DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 t3 Architectural A8.20 EXTERIOR DETAILS COURTHOUSE CANOPY 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.21 EXTERIOR DETAILS DETENTION CANOPY 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.22 EXTERIOR DETAILS-BAHAMA SHUTTERS&SUN SHADES 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.23 INTERIOR FOUNTAIN DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.24 INTERIOR DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.25 COURTROOM TYP.WALL DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.26 COURTROOM TYP.WALL DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.27 INTERIOR CABINET DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.28 COURTROOM PLATFORM PLANS AND SECTIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/19 Biltmore Construction Co.,Inc. 2 of 6 Original Document Packet Pg. 3379 U.7.b 986 Plantation Key Judicial Courthouse Enumeration of Documents Revised 6/29/2018 and Detention Facility:New Construction Discipline Drawing No Drawing Title Rev No., Drawing Date Received Date Set Name. Architectural A8.30 SOFFIT DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.31 SOFFIT DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/2Z/18 Architectural A8.32 SOFFIT DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.33 SOFFIT DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set6/22/18 Architectural A8.34 SOFFIT AND CABINET DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.35 ACOUSTIC WALL DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Seth/22/18 Architectural A8.36 ACOUSTIC WALL DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.37 ACOUSTIC WALL DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A8.38 FLOOR&WALL TRANSITION DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 0 Architectural A9.01 DOOR SCHEDULE-DETENTION 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A9.02 DOOR SCHEDULE COURTHOUSE-FIRST FLOOR 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A9.03 DOOR SCHEDULE COURTHOUSE-SECOND FLOOR 0 6/22/2018 6/27/2018 Bid/Permit Set 6122/18 Architectural A9.04 DOOR AND FRAME TYPES 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A9.05 WINDOW SCHEDULE&LEGEND 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A9.06 INTERIOR WINDOW SCHEDULE AND LEGEND 0 6/22/2018 6/27/2018 Bid/Permit Set6/22/18 0 0 Architectural A9.07 GLAZING SYSTEM DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A9.08 GLAZING SYSTEM DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A9.09 DOOR HEAD,SILL AND JAMB DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Architectural A9.10 SKYLIGHT DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Civil C0.0 CIVIL COVER 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 t) Civil C100.0 GENERAL NOTES 0 6/21/2018 6/27/2018 Bid/Permit Set 6/22/18 0 Civil C200.1 DEMOLITION PLAN 0 6/21/2018 6/27/2018 Bid/Permit Set 6/22/18 Civil C300.1 EROSION CONTROL PLAN 0 6/21/2018 6/27/2018 Bid/Permit Set 6122/18 Civil C300.2 EROSION CONTROL DETAILS 0 6/21/2018 6/27/2018 Bid/Permit Set 6/22/18 0 Civil C400.1 PAVING GRADING&DRAINAGE PLAN 0 6/21/2018 6/27/2018 Bid/Permit Set 6/22/18 Civil C400.2 PAVING GRADING&DRAINAGE DETAILS 0 6/21/2018 6/27/2018 Bid/Permit Set 6/22/18 Civil C400.3 PAVING GRADING&DRAINAGE DETAILS 0 6/21/2018 6/27/2018 Bid/Permit Set 6/22/18 Civil C400.4 PAVING GRADING&DRAINAGE CROSS SECTIONS 0 6/21/2018 6/27/2018 Bid/Permit Set 6/22/18 W Civil C400.5 PAVING GRADING&DRAINAGE CROSS SECTIONS 0 6/21/2018 6/27/2018 Bid/Permit Set 6/22/18 Civil C500.1 WATER&SEWER PLAN 0 6/21/2018 6/27/2018 Bid/Permit Set 6/22/18 I Civil C500.2 WATER&SEWER DETAILS 0 6/21/2018 6/27/2018 Bid/Permit set 6/22/18 0 Civil C500.3 WATER&SEWER DETAILS 0 6/21/2018 6/27/2018 Bid/Permit Set 6/22/18 Civil C500.4 WATER&SEWER DETAILS 0 6/21/2018 6/27/2018 Bid/Permitset6/2Z/18 Civil C500.5 WATER&SEWER DETAILS 0 6/21/2018 6/27/2018 Bid/Permit Set 6/22/18 ®I Civil C500.6 WATER&SEWER DETAILS 0 6/21/2018 6/27/2018 Bid/Permit Set 6/22/18 Civil C600.1 SIGNAGE&MARKING PLAN 0 6/21/2018 6/27/2018 Bid/Permit Set 6/22/18 Civil C600.2 SIGNAGE&MARKING DETAILS 0 6/21/2018, 6/27/2018 Bid/Permit Set 6/22/18 Electrical E0.00 ELECTRICAL LEGEND&SHEET INDEX 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 0 Electrical E0.01 ELECTRICAL GENERAL NOTES 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E1.01 SITE PLAN-ELECTRICAL 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 0 Electrical E2.00 FIRST FLOOR PLAN-POWER-OVERALL 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E2.01 FIRST FLOOR PLAN-DETENTION FACILITY-POWER 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E2.02 FIRST FLOOR PLAN-COURTHOUSE-POWER 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 06 Electrical E2.03 SECO N D FLOO R PLAN-COURTHOUSE-POWER 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E2.04 ROOF PLAN-DETENTION-ELECTRICAL 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E2.05 ROOF PLAN-COURTHOUSE-ELECTRICAL 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 0 Electrical E2.11 FIRST FLOOR REFLECTED CEILING PLAN-DETENTION-LIG 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E2.12 FIRST FLOOR REFLECTED CEILING PLAN-COURTHOUSE-1 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E2.13 SECOND FLOOR REFLECTED CEILING PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E3.01 FIRST FLOOR PLAN-DETENTION FACILITY-FIRE ALARM 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 t3 Electrical E3.02 FIRST FLOOR PLAN-COURTHOUSE-FIRE ALARM 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22118 Electrical E3.03 SECOND FLOOR PLAN-COURTHOUSE-FIRE ALARM 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22118 0 Electrical E4.01 ENLARGED ROOM PLANS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E4.02 ENLARGED ROOM PLANS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 0 0 Electrical E4.03 ENLARGED ROOM PLANS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E5.01 ELECTRICAL ONE-LINE DIAGRAM-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E5.02 ELECTRICAL ONE-LINE DIAGRAM-DETENTION FACILITY 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E5.03 DIAGRAMMATIC FIRE ALARM SYSTEM RISER 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E5.04 LIGHTING CONTROL SYSTEM RISERS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Biltmore Construction Co.,Inc. 3 of 6 Original Document Packet Pg. 3380 U.7.b 986 Plantation Key Judicial Courthouse Enumeration of Documents Revised 6/29/2018 and Detention Facility:New Construction Discipline Drawing No. DrawingTitle ry�-Rev No. Drawing Date Received Date Set Name; Electrical E5.05 LIGHTING CONTROL SYSTEM SCHEDULES 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E5.06 LIGHTING CONTROL SYSTEM SCHEDULES 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E6.01 LUMINAIRE SCHEDULE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E6.02 LUMINAIRE SCHEDULE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E7.01 PANELBOARD SCHEDULES 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E7.02 PANELBOARD SCHEDULES 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E7.03 PANELBOARD SCHEDULES 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/28 Electrical E7.04 PANELBOARD SCHEDULES 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E7.05 PANELBOARD SCHEDULES 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E7.06 PANELBOARD SCHEDULES 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E8.01 DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E8.02 DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Electrical E8.03 DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 O Fire Protection FP0.00 FIRE PROTECTION LEGEND,GENERAL NOTES,&SHEET INI 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Fire Protection FP1.00 FIRE PROTECTION SITE PLAN 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 O Fire Protection FP2.01 FIRST FLOOR FIRE PROTECTION PLAN-DETENTION 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Fire Protection FP2.02 FIRST FLOOR FIRE PROTECTION PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Fire Protection FP2.03 SECOND FLOOR FIRE PROTECTION PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Fire Protection FP6.00 FIRE PROTECTION DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Fire Protection FP6.01 FIRE PROTECTION DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 t) Fire Protection FP6.02 FIRE PROTECTION DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 O Landscape L1.00 TREE DISPOSITION PLAN 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Landscape L1.01 LANDSCAPE PLAN TREES AND PALMS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Landscape L1.02 LANDSCAPE PLAN SHRUBS AND GROUNDCOVERS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 O Landscape L1.03 PLANTING NOTES AND PLANT LIST 0 6/22/2018 6/27/2018 Bid/Permit Set6/22/18 Landscape L1.04 PLANTING DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 CL C Landscape L2.01 IRRIGATION PLAN 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Landscape L2.02 IRRIGATION NOTES AND DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 LU Mechanical M0.00 MECHANICAL LEGEND,GENERAL NOTES,&SHEET INDEX 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 LU Mechanical M2.01 FIRST FLOOR MECHANICAL PLAN-DETENTION FACILITY 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 �I Mechanical M2.02 FIRST FLOOR MECHANICAL PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 O Mechanical M2.03 SECOND FLOOR MECHANICAL PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Mechanical M2.04 MECHANICAL ROOF PLAN-DETENTION 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Mechanical M2.05 MECHANICAL ROOF PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 ®I Mechanical M4.00 MECHANICAL SCHEDULES 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Mechanical M4.01 MECHANICAL SCHEDULES 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 t) Mechanical M6.00 MECHANICAL DETAILS 0 6/22/2018 6/27/2018 Bid/Permit5et6/22/18 Mechanical M6.01 MECHANICAL DETAILS 0 6/22/2018 6/27/2018. Bid/Permit Set 6/22/18 Mechanical M6.02 MECHANICAL DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set6/22/18 Mechanical M6.03 MECHANICAL DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Mechanical M7.00 MECHANICAL CONTROLS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Mechanical M7.01 MECHANICAL CONTROLS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Mechanical M7.02 MECHANICAL CONTROLS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 06 Plumbing P0.00 PLUMBING LEGEND,GENERAL NOTES,&SHEET INDEX 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 O Plumbing P0.01 PLUMBING SCHEDULE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P1.01 PLUMBING SITE PLAN 0 6/22/2018 6/27/2018 Bid/Permit Set 5/22/18 O Plumbing P2.01 FI RST FLOO R G RAVITY-D ETENTI O N FACI LITY 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P2.02 FIRST FLOOR GRAVITY-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P2.03 SECOND FLOOR GRAVITY-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P2.04 ROOF PLAN PLUMBING-DETENTION 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P2.05 ROOF PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P2.11 FIRST FLOOR PRESSURE-DETENTION FACILITY 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P2.12 FIRST FLOOR PRESSURE-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P2.13 SECOND FLOOR PRESSURE-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P3.00 PLUMBING ENLARGED FLOOR PLAN 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P3.01 PLUMBING ENLARGED FLOOR PLAN 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P3.02 PLUMBING ENLARGED FLOOR PLAN 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P3.03 PLUMBING ENLARGED FLOOR PLAN 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P3.04 PLUMBING ENLARGED FLOOR PLAN 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Biltmore Construction Co.,Inc. 4 of 6 Original Document Packet Pg. 3381 U.7.b 986 Plantation Key Judicial Courthouse Enumeration of Documents Revised 6/29/2018 and Detention Facility:New Construction Discipline Drawing No. Drawing_7itle Rev No. Drawing Date _Received Date Set Name: Plumbing P3.05 - PLUMBING ENLARGED FLOOR PLAN _ 0� _ 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P4.00 SANITARY RISER DIAGRAM-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P4.01 SANITARY RISER DIAGRAM-DETENTION FACILITY 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P4.02 STORM RISER DIAGRAM-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P4.03 STORM RISER DIAGRAM-DETENTION FACILITY 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P4.04 DOMESTIC WATER RISER DIAGRAM-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 0 Plumbing P4.05 DOMESTIC WATER RISER DIAGRAM-DETENTION FACILIT 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P4.06 CONDENSATE RISER DIAGRAM 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 C Plumbing P4.07 ENLARGED RISER DIAGRAM 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P4.08 ENLARGED RISER DIAGRAM 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P4.09 ENLARGED RISER DIAGRAM 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P4.10 ENLARGED RISER DIAGRAM 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P4.11 ENLARGED RISER DIAGRAM 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P4.12 ENLARGED RISER DIAGRAM 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P5.00 PLUMBING DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 0 Plumbing P5.01 PLUMBING DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Plumbing P5.02 PLUMBING DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Structural 50.1 STRUCTURAL SPECIFICATIONS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Structural 50.2 STRUCTU RAIL S P ECI FICATI O N S&WIND TABLES 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Structural 50.3 PLAN NOTES&SCHEDULES 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 0 U) Structural S1.1 FOUNDATION PLAN-DETENTION 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 0 Structural 51.2 FOUNDATION PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Structural 51.3 SECOND FLOOR FRAMING PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Structural 51.4 ROOF FRAMING PLAN-DETENTION 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 0 Structural 51.5 ROOF FRAMING PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Structural 52.1 FOUNDATION DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Structural 52.2 MASONRY DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Structural 52.3 FRAMING DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Structural 52.4 MASONRY&FRAMING DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Structural 53.0 ROOF FRAMING DETAILS 0 6/22/2018 6/27/2018 Bid/Pefmit Set 6/22/18 01 Structural 53.1 ROOF FRAMING DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 0 Structural 53.2 ROOF FRAMING DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Structural 53.3 ROOF FRAMING DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Structural 53.4 MISCELLANEOUS DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 ®I Structural 54.1 ISOMETRICVIEW 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Survey 1 of Map of Boundary and Topographic Survey 0 6/22/2017 6/27/2018 Bid/Permit Set 6/22/18 Survey 2 of Map of Boundary and Topographic Survey 0 6/22/2017 6/27/2018 Bid/Permit Set 6/22/18 Survey 3of4 TOPOGRAPHIC SURVEY 0 6/22/2017 6/27/2018 Bid/Permit Set 6/22/18 0 Survey 4 of 4 Map of Boundary and Topographic Survey 0 6/22/2017 6/27/2018 Bid/Permit Set 6/22/18 Technology T0.00 TECHNOLOGY LEGEND&SHEET INDEX 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 0 Technology T2.01 FIRST FLOOR VOICE/DATA PLAN-DETENTION FACILITY 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T2.02 FIRST FLOOR VOICE/DATA PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T2.03 SECOND FLOOR VOICE/DATA PLAN-COURTHOUSE 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 06 Technology T2.11 FIRST FLOO R AU DIO/VI DEO&SECU RITY PLAN-DETENTIC 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T2.12 FIRST FLOOR AUDIO/VIDEO&SECURITY PLAN-COURTHC 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T2.13 SECOND FLOOR AUDIO/VIDEO&SECURITY PLAN-COURI 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 0 0 Technology T2.21 FIRST FLOOR CAMERA FIELD OF VIEW PLAN-DETENTION 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T2.22 FIRST FLOOR CAMERA FIELD OF VIEW PLAN-COURTHOU 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T2.23 SECOND FLOOR CAMERA FIELD OF VIEW PLAN-COURTHI 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T3.01 ENLARGED IT ROOMS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T3.02 ENLARGED ROOMS VOICE/DATA-COURTROOMA 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T3.03 ENLARGED ROOMS VOICE/DATA-COURTROOM B 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 0 Technology T3.04 ENLARGED ROOMS VOICE/DATA-COURTROOM C 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T3.05 ENLARGED ROOMS AUDIO/VIDEO&SECURITY-COURTR( 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 c� Technology T3.06 ENLARGED ROOMS AUDIO/VIDEO&SECURITY-COURTRC 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 0 Technology T3.07 EN LARG ED ROO MS AU DIO/VIDEO&SECURITY-COURTR( 0 6/22/2018 6/27/2018 Bid/Permit Set6/22/18 Technology T4.00 TECHNOLOGYSCHEDULES-SECURITY EQUIPMENT MATR 0 6/22/2018 6/27/2018 Bid/Permit Set6/22/18 Technology T4.01 TECHNOLOGY SCHEDULES-CCTV 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T4.02 TECHNOLOGY SCHEDULES-CCTV 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Biltmore Construction Co.,Inc. 5 of 6 Original Document Packet Pg. 3382 U.7.b 986 Plantation Key Judicial Courthouse Enumeration of Documents Revised 6/29/2018 and Detention Facility:New Construction Discipline Drawng No Drawing Title RevNo:. Drawing Date Received Date Set Name Technology T5.00 TECHNOLOGY CONDUIT RISER DIAGRAM 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T5.01 TECHNOLOGY GROUNDING RISER DIAGRAM 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T5.02 TECHNOLOGY FIBER RISER DIAGRAM 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T6.00 TECHNOLOGY DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T6.01 TECHNOLOGY DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T6.02 TECHNOLOGY DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T6.03 TECHNOLOGY DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set6/22/18 Technology T6.04 TECHNOLOGY DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T6.05 TECHNOLOGY DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set6122/1s Technology T6.06 TECHNOLOGY DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T6.07 TECHNOLOGY DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T6.08 TECHNOLOGY DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T6.09 TECHNOLOGY DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T6.10 TECHNOLOGY DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T6.11 TECHNOLOGY DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T6.12 TECHNOLOGY DETAILS 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T6.13 TECHNOLOGY ELEVATION 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T6.14 TECHNOLOGY ELEVATION 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 Technology T6.15 TECHNOLOGY ELEVATION 0 6/22/2018 6/27/2018 Bid/Permit Set 6/22/18 U) 0 0 UJI f.3 UJI 0 I 0 E I U) 06 0 0 0 0 0 ca Biltmore Construction Co.,Inc. 6 of 6 Original Document Packet Pg. 3383 U.7.b 986 Plantation Key Judicial Courthouse Enumeration of Documents Revised 7/23/2018 and Detention-Facility:New Construction Division Number -Description Rev Issued Date Received Date Set 00-Procurement and Contract! 000110 Table of Contents 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 00-Procurement and Contract! 003132 Geotechnical Report 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 01-General Requirements 011000 Summary 1 7/11/2018 7/11/2018 Bid Permit Set July11,2018 01-General Requirements 012100 Allowances 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 01-General Requirements 012300 Alternates 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 01-General Requirements 012500 Substitution Procedures 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 01-General Requirements 012600 Contract Modification Procedures 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 0 01-General Requirements 012900 Payment Procedures 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 01-General Requirements 013100 Project Management and Coordination 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 01-General Requirements 013200 CONSTRUCTION PROGRESS DOCUMENTATION 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 0 01-General Requirements 013233 PHOTOGRAPHIC DOCUMENTATION 1 7/11/2018 7/11/2018 Bid Permit set July 11,2018 01-General Requirements 013300 SUBMITTAL PROCEDURES 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 01-General Requirements 013513 DETENTION EQUIPMENT CONTRACTOR 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 ,L 01-General Requirements 014000 QUALITY REQUIREMENTS 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 W 01-General Requirements 014200 REFERENCES 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 �I 0 01-General Requirements 015000 TEMPORARY FACILITIES AND CONTROLS 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 01-General Requirements 016000 PRODUCT REQUIREMENTS 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 ®I 01-General Requirements 017300 EXECUTION 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 U) 01-General Requirements 017320 INDOOR AIR QUALITY(IAQ)MANAGEMENT PLAN 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 4) 01-General Requirements 017419 CONSTRUCTION WASTE MANAGEMENT DIVERT WASTE 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 01-General Requirements 017700 CLOSEOUT PROCEDURES 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 01-General Requirements 017823 OPERATION AND MAINTENANCE DATA 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 0 01-General Requirements 017839 PROJECT RECORD DOCUMENTS 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 0 U 01-General Requirements 017900 DEMONSTRATION AND TRAINING 1 7/11/2018 7/11/2018 Bid Permit Setluly11,2018 01-General Requirements 018113 SUSTAINABLE DESIGN REQUIREMENTS 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 03-Concrete 033000 Cast-In-Place Concrete 1 7/11/2018 7/11/2018 Bid Permit set July 11,2018 03-Concrete 034113 Precast Pre-Stressed Hollow Core Planks 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 0 03-Concrete 034133 Composite Cast-In-Place/Pre-Cast Concrete 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 03-Concrete 034800 Precast Concrete U-Lintels And Sill 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 Biltmore Construction Co.,Inc. 1 of 7 Original Document Packet Pg. 3384 U.7.b 986 Plantation Key Judicial Courthouse Enumeration of Documents Revised 7/23/2018 and Detention Facility:New Construction Division Number Description Rev Issued Date Received Date Set - I 03-Concrete 035216 Lightweight Insulating Concrete 1 7/11/2018 7/11/2018 Bid Permit set July 11,2018 04-Masonry 042000 Unit Masonry 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 05-Metals 051223 Structural Steel for Buildings 1 7/11/2018 7/11/2018 Bid Permit Set July11,2018 05-Metals 052100 Steel Joists Framing 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 05-Metals 053100 Steel Decking 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 05-Metals 054000 Cold-Formed Metal Framing 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 4tj 05-Metals 055000 Metal Fabrications 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 0 05-Metals 055213 Pipe and Tube Railings 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 06-Wood,Plastics,and Compo 061000 Rough Carpentry 1 7/11/2018 7/11/2018 Bid Permit set July 11,2018 06-Wood,Plastics,and Campo 061600 Sheathing 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 tie 0 06-Wood,Plastics,and Campo 064113 Wood-Veneer-Faced Architectural Cabinets 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 06-Wood,Plastics,and Compo 064116 Plastic-Laminate-Clad Architectural Cabinets 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 06-Wood,Plastics,and Compo 064216 Flush Wood Paneling 1 7/11/2018 7/11/2018 Bid PermitSetJuly 11,2018 07-Thermal and Moisture Prot 072100 Thermal Insulation 1 7/11/2018 7/11/2018 Bid PermitSetJuly 11,2018 W 07-Thermal and Moisture Prot 074113.16 Standing-Seam Metal Roof Panels 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 �I 0 07-Thermal and Moisture Prot 075416 Ketone Ethylene Ester(KEE)Roofing 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 07-Thermal and Moisture Prot 076200 Sheet Metal Flashing and Trim 0 7/11/2018 7/11/2018 Bid PermitSetJuly 11,2018 ®I 07-Thermal and Moisture Prot 077100 Roof Specialties 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 t88 07-Thermal and Moisture Prot 077200 Roof Accessories 1 7/11/2018 7/11/2018 Bid PermitSetJuly 11,2018 0 07-Thermal and Moisture Prot 078413 Penetration Firestopping 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 07-Thermal and Moisture Prot 078443 Joint Firestopping 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 07-Thermal and Moisture Prot 079200 Joint Sealants 1 7/11/2018 7/11/2018 Bid PermitSetJuly 11,2018 0 07-Thermal and Moisture Prot 07 9513.13 Interior Expansion Joint Cover Assemblies 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 0 U 08-Openings 081113 Hollow Metal Doors And Frames 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 08-Openings 081123 Security Hollow Metal Doors And Frames 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 08-Openings 081416 Flush Wood Doors 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 4) 08-Openings 083113 Access Doors and Frames 1 7/11/2018 7/11/2018 Bid Permit Set July ll,2018 0 4tj 08-Openings 083313 Coiling Counter Doors 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 08-Openings 083323 Overhead Coiling Doors 1 7/11/2018 7/11/2018 Bid Permit Set Julyll,zois Biltmore Construction Co.,Inc. 2 of 7 Original Document Packet Pg. 3385 U.7.b 086 Plantation Key Judicial Courthouse Enumeration of Documents Revised 7/23/2018 and Detention Facility:New Construction Division Number Description Rev Issued Date Received Date Set 08-Openings 083326 Overhead Coiling Grilles 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 08-Openings 083513 Accordion Folding Doors 0 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 08-Openings 084113 Aluminum-Framed Entrances And Storefronts 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 4) 08-Openings 084413 Glazed Aluminum Curtain Walls 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 08-Openings 086300 Metal-Framed Skylights 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 08-Openings 086510 Stainless Steel Fixed Detention Windows 1 7/11/2018 7/11/2018 Bid Permit Set July11,2018 ' 08-Openings 087100 Door Hardware 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 0 08-Openings 087163 Detention Hardware(Security) 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 08-Openings 087400 Access Control Hardware 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 08-Openings 088000 Glazing 1 7/11/2018 7/11/2018 Bid Permit set July 11,2018 t) 0 08-Openings 088813 Fire-Resistant Glazing 1 7/11/2018 7/11/2018 Bid PermitSetJuly 11,2018 08-Openings 088853 Security Glass&Glazing 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 08-Openings 088970 Stainless Steel Modesty Panels 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 CL 09-Finishes 090000 Interior Finish Specifications 0 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 W 09-Finishes 09 2116.23 Gypsum Board Shaft Wall Assemblies 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 �I 0 09-Finishes 092216 Non-Structural Metal Framing 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 09-Finishes 092400 Cement Plastering 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 ®I 09-Finishes 092900 Gypsum Board 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 U) 09-Finishes 095113 Acoustical Panel Ceilings 1 7/11/2018 7/11/2018 Bid Permit Setiuly 11,2018 4) 09-Finishes 095123 Acoustical Tile Ceilings 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 09-Finishes 096513 Resilient Base and Accessories 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 06 09-Finishes 096730 High Performance Security Floor Coatings 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 0 09-Finishes — 096750 Decofloor Seamless Shower Coating System 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 09-Finishes 096816 Sheet Carpeting 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 09-Finishes 099113 Exterior Painting 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 09-Finishes 099123 Interior Painting 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 09-Finishes 099300 Staining And Transparent Finishing 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 4� 10-Specialties 101300 Directories 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 10-Specialties 101416 Plaques 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2019 Biltmore Construction Co.,Inc. 3 of 7 Original Document Packet Pg. 3386 U.7.b 986 Plantation Key Judicial Courthouse Enumeration of Documents Revised 7/23/2018 and Detention Facility:New Construction Division Number. Description Rev Issued Date Received Date Set j 10-Specialties 101423.16 Room-Identification Panel Signage 1 7/11/2018 7/11/2018 Bid Permit Set July ll,2018 10-Specialties 102113.17 Phenolic-Core Toilet Compartments 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 10-Specialties 102600 Wall and Door Protection 1 7/11/2018 7/11/2018 Bid Permit set July ll,2018 10-Specialties 102800 Toilet Bath and Laundry Accessories 1 7/11/2018 7/11/2018 Bid Permit Set July ll,2018 10-Specialties 102813 Security Accessories 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 10-Specialties 104413 Fire Protection Cabinets 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 10-Specialties 104416 Fire Extinguishers 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 0 10-Specialties 105113 Metal Lockers 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 10-Specialties 105626 Mobile Storage Shelving 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 10-Specialties 107516 Ground-Set Flagpoles 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 Z 0 11-Equipment 111200 Parking Control Equipment 1 7/11/2018 7/11/2018 Bid Permit set July 11,2018 11-Equipment 113013 Residential Appliances 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 11-Equipment 114000 Foodservice Equipment 1 7/11/2018 7/11/2018 Bid Permit set July 11,2018 ,L 12-Furnishings 123623.13 Plastic-Laminate-Clad Countertops 1 7/11/2018 7/11/2018 Bid Permit set July 11,2018 W 12-Furnishings 125500 Security Furniture 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 �I Machine Room-Less Electric Traction Passenger 14-Conveying Equipment 142123.16 Elevators 1 7/11/2018 7/11/2018 Bid Permit Set luly11,2016 21-Fire Suppression 210517 Sleeves and Sleeve Seals for Fire-Suppression Piping 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 ®I 21-Fire Suppression 210518 Escutcheons For fire-Suppression Piping 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 Identification for Fire-Suppression Piping and 21-Fire Suppression 210553 Equipment 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 4) 21-Fire Suppression 211313 Wet-Pipe Sprinkler Systems 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 22-Plumbing 220513 Common Motor Requirements for Plumbing Equipment 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 00 22-Plumbing 220517 Sleeves and Sleeve Seals for Plumbing Piping 1 7/11/2018 7/11/2018 Bid Permit Set July ll,2018 0 22-Plumbing 220519 Meters and Gages for Plumbing Piping 1 7/11/2018 7/11/2018 Bid Permit set July ll,2018 22-Plumbing 220523 General-Duty Valves for Plumbing Piping 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 Hangers and Supports for Plumbing Piping and 22-Plumbing 220529 Equipment 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 22-Plumbing 220553 Identification for Plumbing Piping and Equipment 1 7/11/2018 7/11/2018 Bid Permit Set July ll,2018 4) 22-Plumbing 220719 Plumbing Piping Insulation 1 7/11/2018 7/11/2018 Bid PermitSetJulyll,2018 c� 4� 22-Plumbing 221119 Domestic Water Piping Specialties 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 22-Plumbing 221316 Sanitary Waste and Vent Piping 1 7/11/2018 7/11/2018 Bid PermitSetJulyll,2018 Biltmore Construction Co.,Inc. 4 of 7 Original Document Packet Pg. 3387 U.7.b 986 Plantation Key Judicial Courthouse Enumeration of Documents Revised 7/23/2018 and Detention Facility:New Construction Division Number Description ,Rev Issued.Date' Received Date Set 22-Plumbing 221319 Sanitary Waste Piping Specialties 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 22-Plumbing 221323 Sanitary Waste Interceptors 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 22-Plumbing 221413 Facility Storm Drainage Piping 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 22-Plumbing 223300 Electric Domestic-Water Heaters 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 22-Plumbing 224600 Security Plumbing Fixtures 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 23-Heating,Ventilating,and Ai 230010 Basic Mechanical Requirements 1 7/11/2018 7/11/2018 Bid Permit set July 11,2018 CY 4� 23-Heating,Ventilating,and Ai 230500 Common Work Results for HVAC 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 0 23-Heating,Ventilating,and Ai 230513 Common Motor Requirements for HVAC Equipment 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 23-Heating,Ventilating,and Ai 230529 Hangers and Supports for HVAC Piping and Equipment 1 7/11/2018 7/11/2018 Bid Permit set July 11,2018 23-Heating,ventilating,and Ai 23 0548.13 Vibration Controls for HVAC 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 U) 0 23-Heating,Ventilating,and A! 230553 Identification for HVAC Piping and Equipment 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 23-Heating,Ventilating,and Ai 230593 Testing Adjusting and Balancing For HVAC 1 7/11/2018 7/11/2018 Bid Permit Set Julyll,2018 23-Heating,Ventilating,and Ai 230713 Duct Insulation 1 7/11/2018 7/11/2018 Bid Permit set July 11,2018 (. 23-Heating,Ventilating,and Ai 230800 Commissioning of HVAC 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 LU LU 23-Heating,Ventilating,and Ai 230900 Instrumentation and Control for HVAC 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 LI 2 0 23-Heating,Ventilating,and Ai 232300 Refrigerant Piping 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 23-Heating,Ventilating,and Ai 233113 Metal Ducts 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 ®I 23-Heating,Ventilating,and Ai 233116 Nonmetal Ducts 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 23-Heating,Ventilating,and Ai 233300 Air Duct Accessories 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 23-Heating,Ventilating,and Ai 233416 Centrifugal HVAC Fans 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 23-Heating,Ventilating,and Ai 233423 HVAC Power Ventilators 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 06 23-Heating,Ventilating,and Ai 233600 Air Terminal Units 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 0 4� 23-Heating,Ventilating,and X 233713 Diffusers Registers and Grilles 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 23-Heating,Ventilating,and A! 238113 Packaged Terminal Air-Conditioners 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 23-Heating,Ventilating,and Ai 238126 Split-System Air-Conditioners 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 26-Electrical 260010 Basic Electrical Requirements 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 4) 26-Electrical 260519 Low-Voltage Electrical Power Conductors and Cables 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 0 26-Electrical 260526 Grounding and Bonding for Electrical Systems 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 26-Electrical 260529 Hangers and Supports for Electrical Systems 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 Biltmore Construction Co.,Inc. 5 of 7 Original Document Packet Pg. 3388 U.7.b 986 Plantation Key Judicial Courthouse Enumeration of Documents Revised 7/23/2018 and Detention Facility:New Construction Division Number Description Rev Issued Date . Received Date Set 26-Electrical 260533 Raceways and Boxes for Electrical Systems 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 26-Electrical 260553 Identification for Electrical Systems 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 26-Electrical 260573 Overcurrent Protective Device Coordination Study 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 26-Electrical 260573.13 Short-Circuit Studies 1 7/11/2018 7/11/2018 Bid Permit setJuly11,2018 26-Electrical 260573.19 Arc-Flash Hazard Analysis 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 26-Electrical 260913 Electrical Power Monitoring and Control 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 26-Electrical 262200 Low-Voltage Transformers 1 7/11/2018 7/11/2018 Bid PermitsetJuly11,2o16 0 26-Electrical 262413 Switchboards 1 7/11/2018 7/11/2018 Bid Permit Setluly 11,2018 26-Electrical 262416 Panelboards 1 7/11/2018 7/11/2018 Bid Permit SetJuly11,2019 U 26-Electrical 262726 Wiring Devices 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 U) 0 26-Electrical 262813 Fuses 1 7/11/2018 7/11/2018 Bid Permit Set Julyi1,2018 26-Electrical 262816 Enclosed Switches and Circuit Breakers 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 26-Electrical 262913 Enclosed Controllers 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 (. 26-Electrical 263213 Diesel Emergency Engine Generators 1 7/11/2018 7/11/2018 Bid Permit Set J my 11,2018 26-Electrical 263600 Transfer Switches 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 2I 0 26-Electrical 264113 Lightning Protection for Structures 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 26-Electrical 264313 Surge Protection Devices 1 7/11/2018 7/11/2018 Bid Permit Set July11,2018 ®I 26-Electrical 265100 Interior Lighting 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 U) 26-Electrical 265600 Exterior Lighting 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 27-Communications 270010 Division 27 and 28 Systems General Provisions 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 Grounding and Bonding for Telecommunications 27-Communications 270526 Systems 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 27-Communications 270528 Pathways and Spaces for Structured Cabling Systems 1 7/11/2018 7/11/2018 Bid Permit Setluly 11,2018 0 27-Communications 271000 Structured Cabling 1 7/11/2018 7/11/2018 Bid Permit set July 11,2018 27-Communications 275123 Intercom Systems 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 Conductors and Cables for Electronic Safety and 28-Electronic Safety and Secur 280513 Security 1 7/11/2018 7/11/2018 Bid Permit set July 11,2018 Grounding and Bonding for Electronic Safety and 28-Electronic Safety and Secur 280526 Security 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 28-Electronic Safety and Secur 280528 Pathways for Electronic Safety and Security 1 7/11/2018 7/11/2018 Bid Permit SetJuly 11,2018 0 Sleeves and Sleeve Seals for Electronic Safety and 28-Electronic Safety and Secur 280544 Security 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 28-Electronic Safety and Secur 281000 Access Control System 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 Biltmore Construction Co.,Inc. 6 of 7 Original Document Packet Pg. 3389 U.7.b 986 Plantation Key Judicial Courthouse Enumeration of Documents Revised 7/23/2018 and Detention Facility:New Construction Division Number. Description Rev Issued Date Received Date Set 28-Electronic Safety and Secur 282000 CCTV Video Surveillance System 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 28-Electronic Safety and Secur 283111 Digital Addressable Fire-Alarm System 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 28-Electronic Safety and Secur 284619 Detention Monitoring and Control Systems 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 Site Preparation.Excavation And Earthwork For 31-Earthwork 312300 Foundations 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 31-Earthwork 313116 Termite Control 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 31-Earthwork 316316 Augercast Piling 1 7/11/2018 7/11/2018 Bid Permit Set July 11,2018 ' 4tj 32-Exterior Improvements 323110 Steel Welded Wire Security Mesh 1 7/11/2018 7/11/2018 Bid Permit set July 11,2018 O U 8) O O U I 2 O E I U) 06 4tj O U 4tj Biltmore Construction Co.,Inc. 7 of 7 Original Document Packet Pg. 3390 U.7.b RELTMORE The Monroe County Board of County Commissioners The Key Judicial Courthouse and Detention Facility CONSTRUCTION CO., INC. Guaranteed Maximum Price(GMP)Proposal EXHIBIT B—Allowance Items The Allowances noted below represent reasonably anticipated values included in this GMP Proposal to cover the cost of certain items absent or not specified in sufficient detail in the Construction Documents as listed in the ENUMERATION OF CONTRACT DOCUMENTS Section of this GMP Proposal or for which uncertainty remains. The amount of the Allowance stipulated herein is inclusive of all labor, materials, equipment taxes, delivery, insurances, bond and fees necessary to perform the anticipated work, unless 12 otherwise noted. 0 Allowances- Unless otherwise specifically noted, the term "Allowance" refers to the amount of money O allocated to cover the cost of both materials and labor to furnish and install the specified material(s) or perform the specified work and any applicable sales tax only,overhead and profit are not included in the line item,however it is calculated within the stipulated fee.Owner understands and agrees that should the actual �3 costs exceed the amount specified in the GMP for the Allowance,that amount will be adjusted by a timely U) change order. In the event the costs are lower than the allowance, an adjustment by change order will be made at the final billing for the project O The ASSUMPTIONS AND CLARIFICATIONS section of this GMP Proposal may provide a more detailed QL _ description of these Allowances. U ALLOWANCE DESCRIPTION OF ALLOWANCE AMOUNT. O Asbestos Abatement Allowance $ 25,000.00 Acoustical Panel Allowance $ 120,000.00 Moisture Control Allowance $ 60,000.00 Interior Water Wall Allowance $ 50,000.00 Electronic Safety and Security Allowance $ 946,000.00 Paver Allowance $ 96,000.00 06 Landscaping at removed Exterior Fountain Allowance $ 7,000.00 Landscape and Irrigation Allowance $ 379,854.00 October 1,2018(Rev 3) BCC Project#986 Page 5 Packet Pg. 3391 U.7.b EBELThe[ TMORE Monroe County Board of County Commissioners Plantation Key Judicial Courthouse and Detention Facility CONSTRUCTION CO., INC. Guaranteed Maximum Price(GMP)Proposal EXHIBIT C—Assumptions and Clarifications The Contract Documents are amended by Biltmore Construction Co.,Inc. as follows: 1. The following are not included in the GMP Proposal: A. Impact Fees/Inspection Fees. B. Performance Specifications. O 2. Warranties and Guarantees: A. Biltmore Construction Co., Inc.Warranties and Guarantees U) O Biltmore Construction Co., Inc. warrants to the Owner that the materials and workmanship furnished under this Contract will be of good quality and new unless otherwise required or permitted by the Construction/Contract Documents,that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Construction/Contract Documents. Work not ,conforming to these c3 requirements may be considered defective. Biltmore Construction Co., Inc.'s warranty excludes ILU remedy for damage or defect caused by insufficient maintenance, improper operation,or normal ILU wear and tear under normal usage. The term and duration of this express warranty is one(1)year from the Date of Substantial Completion. The provisions herein shall not prevent the Owner from proceeding directly against the manufacturer and/or installer for such longer period of time as allowed by State Statute. B. Installer/Subcontractor Warranties and Guarantees The Subcontractor shall warrant to the Owner and to Biltmore Construction Co., Inc. that all workmanship and materials are free from defects in installation. The period customarily being 0 one 1 year from the Date of Substantial Completion established in the Construction/Contract Documents. 06 Notwithstanding anything to the contrary, neither Biltmore Construction Co., Inc., nor its Surety, nor the Subcontractor shall have any joint/several liability relating to, nor shall they be obligated 0 to underwrite, or in any way become guarantor(s) of any manufacturer's warranty/guaranty or product to the Owner. The Owner shall be provided with the "standard" manufacturers' warranty, and it shall satisfy the requirements under the Construction/Contract Documents t3 relating thereto. C. Manufacturers' Express Warranties/Guarantees Biltmore Construction Co., Inc. shall collect and transmit to the Owner any and all standard manufacturers' warranties and standard manufacturers' guarantees specified in the October 1,2018(Rev 3) BCC Project#986 Page 6 Packet Pg. 3392 U.7.b BIELThe �M/�O� Monroe County Board of County CommissionersSuN l Plantation Key Judicial Courthouse and Detention F CONSTRUCTION CO., INC. Guaranteed Maximum Price(GMP)Proposal Construction/Contract Documents. The obligation and liability of Biltmore Construction Co., Inc. and/or its Surety is limited to the collection and proper transmittal of these warranties and 0 guarantees to the Owner. C 0 Biltmore Construction Co., Inc. shall defer to and provide the manufacturers' requirements for standard and extended warranties in all cases of conflict between manufacturers'warranties and those specified in the Construction/Contract Documents. 3. Special conditions relating to Owner purchased/Construction Manager installed items and associated tax exemptions: O Notwithstanding any provision to the contrary,should the Owner elect to purchase items directly and avoid any sales taxes or other taxes,the Owner will defend, indemnify, and hold harmless t.3 Biltmore Construction Co., Inc. absolutely from and against any claim, audit, investigation, cost, or assertion of any kind made by, or on behalf of, the Florida Department of Revenue or other O such agency that may arise during and/or subsequent to the completion of the project. Under no circumstances shall Biltmore Construction Co., Inc.or its-subcontractors be liable for the sales 0 taxes associated with the Owner purchased items. Should Owner not accept buyout savings to achieve this credit,CM will not be held accountable and will be compensated for the difference. CL ULI 4. Builder's Risk Insurance: ULIi O Monroe County shall purchase and maintain, until the date of Substantial Completion of this project, a standard Special Form (all "Risks of Physical Loss") Completed Value Builder's Risk co insurance policy in the amount of the initial contract sum (GMP), including any subsequent i modifications thereto, insuring the interests of the Owner, Biltmore Construction Co., Inc., and Subcontractors in the Work under this contract. C 0 The following items are the responsibility of the Owner an&are not included in this GMP: a. Property insurance coverage on existing buildings and/or contents. 0 b. Property insurance coverage on the Work under this Contract after the date of Substantial Completion. 06 c. Flood insurance and/or risk of loss,due to flood including all deductibles. d. Wind Storm insurance and/or risk of loss due to named Wind Storm including all deductibles. 0 5. Basis of this GMP Proposal relative to Documents dated 6-22-18 and Specifications dated 7-11-18, as issued by Currie Sowards Aguila Architects (see "Exhibit A" Enumeration of Documents) and other t.3 potential design changes subsequent to the submittal of this proposal: This proposal is provided based on the final design documents unpermitted. Ifthe Scope of Work changes or permit review requires additional changes to the work, the GMP Proposal and the indicated costs are subject to change. October 1,2018(Rev 3) BCC Project#986 Page 7 Packet Pg. 3393 U.7.b The Monroe County Board of County Commissioners [BBELTMORE Plantation Key Judicial Courthouse and Detention Facility _ CONSTRUCTION CO., INC. Guaranteed Maximum Price(GMP)Proposal, 6. Time and Price-Impacted Materials&Equipment(Escalation/Availability of Materials): As of the date of this Contract Agreement and/or during the performance of the Work, certain markets providing materials and equipment necessary to complete the Project may experience significant industry-wide fluctuation in cost,delivery,and availability. As a result,should there be any fluctuations that materially affect the cost, delivery, and/or availability of such items, regardless if same should occur before the acceptance of the GMP Proposal,or subsequent to the acceptance,the Owner agrees to make an equitable adjustment in the Contract Time and/or, if necessary, allow the CM to access contingency funds to cover the additional cost at the Owner's discretion. Notwithstanding any other provision to the contrary,the Construction Manager shall o not be liable to the Owner for any expenses, losses or damages arising from a delay in delivery of a potentially time and price impacted material/equipment item not the fault of the Construction Manager. t3 U) 7. Subcontractor Payments: Notwithstanding anything to the contrary,the Owner specifically acknowledges and agrees that 0 the Construction Manager operates on a pay-when-paid basis with its subcontractors, and nothing contained herein or elsewhere shall be interpreted to require the Construction Manager and/or its Surety to remit any payment (including final payment)to subcontractors prior to the g, receipt of payment(including final)from the Owner. LU LU 8. Technical Clarifications by Division:' 01 General Requirements 1. Construction Manager to obtain Florida Green Building Coalition (FGBC) submittals, as identified in Specification Sections and FGBC Project Checklist, and provide to the Project Designated Professional for submittal to the FGBC. The Designated Professional and all associated action plans and commissioning are excluded. (018113) 2. Normal jobsite work hours are 7:00 a.m.to 5:00 p.m.or sundown. Large concrete placements will need to start in early mornings and will be based on approval from the Village of Islamorada, Florida. 3. Allowances include material costs,taxes,freight, and delivery, receiving/handling at site and 06 installation labor. CM OH&P to be included for any costs above the established allowance value at time of the GMP. 4. Payment Applications to be based on the last day of the month as the Pay Period Ending Date. 0 5. Submittal drawings are to be submitted in.pdf format. 6. An Add Alternate for $103,000.00 is included to meet the requirements of Section 013233 (Photographic Documentation). t3 7. CM and Subcontractors reserve the right for additional compensation as a result of Authorities Having Jurisdiction (AHJ) revising scopes of work that differ from the contract documents to achieve final permitting and inspections. 8. Delegated-Design services are limited to Hollow Core Planking (03 4113), Structural Scaffolding (03 3000), Steel Joists (05 2100), Metal Fabrication (05 5000), Pipe and Tube Railing(05 5213),Aluminum-Framed Entrances(08 4113),Glazed Aluminum Curtain Walls(08 October 1,2018(Rev 3) BCC Project#986 Page 8 Packet Pg. 3394 U.7.b ULTMORE The Monroe County Board of County Commissioners - The Key Judicial Courthouse and Detention Faality CONSTRUCTION CO., INC. Guaranteed Maximum Price(GMP)Proposal 4413), Mobile Storage Shelving (10 5626), Air Terminal Units (23 3600) and Digital Addressable Fire-Alarm(28 3111). 9. Manufacturer's Technical Representative's work is limited to manufacturers' standard inspection and reporting procedures. 10. Factory-Authorized Service Representative's work is limited to standard manufacturer's obligations. 11. Mockups of materials review should be completed with-in twenty one (21) days from completion and notification of request for review of mockup by Owner/Architect. 12. HVAC equipment and air-filtration units for temporary office trailers are limited to those included in manufacturer's standard units. o 13. Biltmore will utilize the elevator for hoisting as needed. 14. Sample Product Warranties will be submitted during submittal phase. 15. Construction Manager reserves its right to operate the HVAC during construction during the �3 finish stages. Appropriate precautions will be implemented for dust control to limit U) contamination of completed systems. 16. Refer to Sheet C200.1. No Owner specified salvage items are identified or included in the GMP. 17. Refer to qualifying note printed on Title Block of Drawings; Revise accordingly: "These drawings are prepared per established industry standards and represent the Architect and IL I Engineers design concept. They are not intended to provide every detail or condition required U to construct the building. The Contractor will work with the Design Team through submittals and other coordination efforts to provide a complete and operational,building." 18. Reference Contract between Owner and Construction Manager, Exhibit "A", Article 1; Construction Manager has relied on the Contract Documents for the complete scope of work excluding any inferences or implications of construction not shown. We believe the contract supersedes the title block language. i 19. Special inspector,threshold inspector costs are borne by Owner. 20. Social Services Spottswood Building and AARP food program will need to be vacated prior to receipt of NTP start of Construction Contract Time. 21. Reference Sheet A1.01"Existing water tank and service building to remain". This GMP Proposal is based on this Sheet and not Sheet C200.1 which indicates"remove existing 0 water tank and service bldg." 22. General Conditions for the last phase of site development are not included in this proposal. 06 They are included as an Add Alternate. 23. An Owner Contingency of 2%is included.Owner Contingency should not be used as a mechanism to add project scope of work which would be considered a Change Order. o 24. A Construction Managers Contingency of 2%is included.Acceptable uses of this contingency include, but are not limited to: t3 a. Buyout of the work not previously awarded in bid packages. b. Repair of damages caused by an unknown source or contractor(not including Builders Risk claims). c. To improve and/or accelerate the progress of the work. October 1,2018(Rev 3) BCC Project#986 Page 9 Packet Pg. 3395 • U.7.b BIELTMORE The Monroe County Board of County Commissioners �, The Key Judicial Courthouse and Detention Facility CONSTRUCTION CO., INC. Guaranteed Maximum Price(GMP)Proposal d. To improve conditions of the work. For modifications of the work resulting from an unknown ambiguity(not an error or admission)in the contract documents e. To increase and/or supplement staff as necessary to effectively manage the project. f. To adjust the reimbursable General Conditions in excess of the budget. 02 Existing Conditions 1. This GMP Proposal includes no cost for relocating the overhead utility, power and cable lines underground. No FDOT cuttings, acceleration and/or deceleration lanes. 2. This GMP Proposal includes no cost for unforeseen underground condition remediation. 3. Removal/relocation of existing wildlife is not included in this proposal and is the responsibility O of the owner. 4. The demolition of the existing jail is not included in the base cost. It is included as an Add Alternate. 1 t3 U) 03-04 Concrete and Masonry 1. Owner to assist CM with obtaining special permission from the Village Of Islamorada for early concrete placement for slab on grade, second floor and roof deck pours. The Village Of Islamorada current has a noise ordinance prohibiting normal construction noise prior to,7:30 am.Early concrete placement is required to meet ACI 304A and 305R requirements.Concrete additives may be required that are in conflict with CIP Concrete Specifications if a noise U variance is not granted. ILU 2. Construction Manager's review of pre-stressed concrete units is limited to confirming ILU submittals are as noted in the specification sections and does not include verification of any design calculations. 3. Contraction Joints to be located as shown on structural drawings. I 05 Metals 1. Due to volatile tariffs,steel pricing is subject to increased costs.Steel pricing is held to terms of GMP acceptance. 2. Construction Manager's review ofstructural and miscellaneous steel shop drawings is limited to confirming size, shapes, location and spacing is as noted on drawings and noted in specification sections and does not include verification of any calculations. 3. The Bahama Shutters are not included in the base bid but included as an Add Alternate. 06 06 Wood, Plastics and Composites 1. Courtrooms A&B include benches as manufactured by Sauder Company in lieu of The Arnold 0 Companies per preconstruction RFI #PC69 and #PC72. Arnold Companies benches are provided as an Add Alternate. 2. We have not included any millwork/casework in the all courtrooms in the base proposal.We t3 have included a value for this as an Add Alternate. ca 07 Thermal and Moisture Protection October 1,2018(Rev 3) BCC Project#986 Page 10 Packet Pg. 3396 U.7.b L��o1 IJJ The Monroe County Board of County Commissioners Plantation-KeyJudicial Courthouse and Detention Facility CONSTRUCTION CO., INC. Guaranteed Maximum Price(GMP)Proposal `: 1 1. We have included the specified proprietary skylight manufacturer"Super Sky" product in this GMP Proposal; however,we are unable to come to terms with them on our standard subcontract agreement and bonding requirements. 09 Finishes 1. The Wood Acoustical Panels are not included in the base proposal but are included as an Add Alternate. 2. An Allowance is included of$120,000.00 for acoustical treatment in the courtrooms. Design to be determined. Design must meet Allowance provided. 0 10 Specialties 1. Postal Specialties are not included in this proposal and are to be provided by Owner. 11 Equipment U) 1. Included is a five (5)sided,2-1/2"thick, UL Class M precast vault system as manufactured by American Vault. Included is a UL Class M-36"CO vault door with day gate.Precast walls to be attached to 4"concrete slab per manufacturer's details. 2. Laundry and Food Services Equipment is not included in this proposal and is to be provided by Owner. Electrical and Plumbing Connections are included in this GMP as designed. IL I U 14 Conveying Equipment ILU 1. Elevators are based on Thyssenkrupp's standard two stop hydraulic machine room-less ILU systems in lieu of the specified Kone traction system.The hydraulic system is less expensive to install and maintain.Kone is not presently pursuing new construction work in the Keys and opted not to bid this project. I 23 HVAC 1. GMP Proposal includes Roof Top Unit (RTU) Cabinet/Coil Coatings by Modine, the recommended primer to accompany the Modine coating is included as an Add Alternate. 0 Includes a five year warranty for coatings. An Add Alternate for component upgrades of the RTU's is included in the Voluntary Alternate Section. Biltmore Construction Co., Inc. strongly recommends the acceptance of the RTU upgrade identified in the Voluntary Alternate section of this proposal. 06 26 Electrical 1. An Alternate Fixture and Lighting Controls Package is included in the base proposal at a U savings of $800,000, the original fixture package is included as an Add Alternate in the Alternates section of the GMP Proposal. 2. Owner is encouraged to begin removal of overhead lines. t3 27-28 Communications&Electronic Safety and Security 1. Duostech system is included as an Allowance of$946,000.The design will need to meet this Allowance cost. October 1,2018(Rev 3) BCC Project#986 Page 11 r Packet Pg. 3397 U.7.b . RELTMORE The Monroe County Board of County Commissioners. Plantation Key Judicial Courthouse and Detention Facility _ n CONSTRUCTION CO., INC. Guaranteed Maximum Price(GMP)Proposal 2. The Court Room Sound System is not included in this proposal and is to be provided by owner.We have included raceways and back boxes for the Court Room Sound System. 31 Earthwork 1. Lead and asbestos abatement surveys, reports and monitoring are specifically excluded. An Allowance of$25,000 is included for the removal and disposal of any identified hazardous materials. 2. Reference Contract with Between Owner and Construction Manager,Exhibit"A",Article 2;no costs are included for unforeseen underground surface conditions and/or remediation. 3. The base proposal does not included the last phase of site work shown on the Construction O Documents (Southwest Quadrant).This cost is included as an Add Alternate and includes all Clearing, Grubbing, Site Demolition, Existing Detention Center Demolition, Underground Storm Water Management,Curbs,Asphalt Paving,Striping,Signage,Landscaping and General t3 Conditions(3 month duration). U) O 32 Exterior Improvements 1. Root pruning of existing trees to remain is presently not included in this proposal. 2. Heritage trail new sign or removal of existing is not included. 3. Exterior Fountain and related Benches and Landscaping are not included in this GMP. The area shown for this feature has been replaced with an Allowance of$7,000 to fill vacant area �3 with landscaping and irrigation only. O E U) O October 1,2018(Rev 3) BCC Project#986 Page 12 Packet Pg. 3398 U.7.b [BBILTMORE Plan The Monroe County Board of County Commissioners tation KeyJudiciol Courthouse and Detention FacilityCONSTRUCTION CO., INC. Guaranteed Maximum Price(GMP)Proposal EXHIBIT D—Construction Schedule Subject to the ASSUMPTIONS AND CLARIFICATIONS contained herein,the anticipated construction period shall be NINE HUNDRED THIRTEEN (913) calendar days to achieve Substantial Completion, after receipt, by Biltmore Construction Co.,Inc.,of all of the following requirements: • Execution of the Guaranteed Maximum Price Amendment of the Agreement Between Owner and Biltmore Construction Co.,Inc. 0 • Receipt of the Written Notice to Proceed. • Receipt of all required Permits. • Recorded Notice of Commencement(as applicable). U) 0 • Construction site available to commence construction activity. • Utilities disconnected and/or'relocated as necessary to commence construction. Final Completion shall be within Thirty 30)calendar days following the Date of Substantial Completion of W the Work. I A more detailed CPM Project Schedule is attached hereto. E I U) 06 October 1,2018(Rev 3) BCC Project#986 Page 13 Packet Pg. 3399 U.7.b Monroe County Courthouse and Detention Facility Master Schedule For M.C.Fuel Island-Tavernier Senior Center-Courthouse and Detention Facility . ID Task Name Duration Start Finish 2017 2018 2119 2020 2021 2022 HI H2 Hl 112 Hl H2 Hl H2 Hl H2 Hl 2 505/'CD's to CSA&Owner 0 days hu il/2/17 Thu 11/2/17 11/2 3 Owner Review Period - 12 days Tue 11/7/17 Wed 11/22/17- --- ---- --------- -- ----------------------------- --- 4 rchitect.5d%Cost Estimate - 0 days Mon 11/27/17 Mon 11/27/17 11/27 5 A/E Design Team Coordination Meeting 0 days -Thu 12/11/17 Thu 12/21/17 12/21 - 6 Coordination;&'Kic_k Off Meeting' a 0 days`'-yue'12/19/17„Tue_12%19/17=: 12/19 7 BCC 50%Cost Estimate_ 20 days Tue 12/19/17 Mon 1/15/18 -_— _ _ T _ 8 50%Design&Budget Review By Owner . 10 days ue 1/2/18 Mon 1/15/18 9 75%CD Submittal To CSA&Owner 48 days jFri 11/3/17. Tue 1/9/18 10 Owner Review Period 14 days Wed 1/10/18 .Mon 1/29/18 -- --- - 11 10AC Coordination Meeting 0 days Tue 1/9/18 Tue 1/9/18 1/9 12 /E Design Team Coordination Meeting 1 day Thu 1/18/18- Thu 1/18/18 13 Architect 75%Cost Estimate 1 day Mon 1/29/19 Mon 1/29/18 T 14 BCC 75%Cost Estimate. 10 days Tue 1/16/18 Mon 1/29/18 15 75%Design&Budget Review By Owner _ 10 days Tue 1/30/18 Mon 2/12/18 16 OAC.Coordination Meeting 1 day rrue 2/13/18 Tue 2/13/18 I 17 95%CD Submittal To CSA&Owner 30 days Wed 1/10/18 Tue 2/20/18 18 Owner Review Period 14 days Tue 2/20/18 Fri 3/9/18 19 A/E Coordination Period - 30 days Tue 2/20/18 Mon 4/2/18 20 BCC 95%Cost Estimate- - 43 days Wed 2/28/18 Fri 4/27/18 21 Constructs bility Review 43 days Wed 2/28/18 Fri 4/27/19 22 A/E Drawing Modifications. 45 days Fri 4/27/18 Fri 6/29/18 23 95%Design&Budget Review ByOwner 10 days Mon 4/30/18 Fri 5/11/18 24 OACCoordination Meeting 0 days Tue 6/12/18 Tue 6/12/18 6 2 25 100%CD's Ready for Permitting 0 days Fri 6/29/18 Fri 6/29/18 29 26 SFWMD Permitting 120 days Thu 11/2/17 Wed 4/18/18 27 FKAA Permitting - 120 days Thu 11/2/17 Wed4/18/1806 -------------------------------------------------------- Thu 8/30/18 Page 1 Biltmore Construction Co.,Inc 0 Packet Pg. 3400 U.7.b Monroe County Courthouse and Detention Facility Master Schedule For M.C.Fuel Island-Tavernier Senior Center-Courthouse and Detention Facility . ID Task Name Duration Start Finish 2017 2111 2019 2120 2021 2122 H1 H2 Hl H2 H1 H2 HI H2 HI H2 H1 28 Permitting 45 days Fri 6/29/18 Thu 8/30/18 _- _ — __ 29 BCC Preparing Bid Documents 20 days Mon 4/9/18 Fri 5/4/18 30 Pre-Bid Meeting' 0 days -Fri 5/11/18 Fri 5/11/18' /1 31 Bidding _ - - 24 days Thu 6/28/18 :Tue 7/31/18, 32 RFI Period - 20 days Thu 6/28/18 Wed 7/25/18 _ __--- _- - - ----_- -_ -__- --. 33 Bid Date- - - 0 days Tue 7/31/18' Tue 7/31/18 31 34 Review&Tabulate Bids .,.20 days Wed 8/1/18 Tue 8/28/18 35 Post Bid Interviews 20 days Thu.8/9/18 Wed.9/5/18 36 Select Subcontractors - - - 12 days Thu 9/6/18 Fri 9/21/18 (� 37 Prepare GMP _ - 15 days Thu 9/6/18, Wed 9/26/18 38 Send GMP to Owner for Review' - _ 0 days Fri 8/31/18 Fri 8/31/18. 8/31 39 Review GMP 3 days.` Fri 8/31/19 T,ue 9/4/18 - I 40 GMP Approval 11 days Wed 9/5/18 Wed 9/19/18 41 BCC Complete County Checklist 20 days Thu 9/20/18 Wed 10/17/18 42 Sign Contract Amendment 20 days Thu 9/20/16 Wed 10/17/18 43 Issue Notice to Proceed 5 days Thu 10/18/18 lWed 10/24/18 =Phase I MCCH&OF Site&Utilities 45 Mobilization 10 days Thu 10/25/18 Wed 11/7/18 46 Issue Contracts 120 days Thu 11/8/18 Wed 4/24/19 47 Submittals 120 days Thu 12/6/18 Wed 5/22/19 48 Demo Helipad and Existing Pavement 10 days Thu 11/8/18 Wed 11/21/18 49 Underground Utility Relocation 15 days Thu 11/22/18 Wed 12/12/18 50 New Water Line Tap and Backflow 15 days Thu 12/13/18 Wed 1/2/19 -- 51 Exfiltration 115 days hu 1/3/19 Wed 1/23/19 52 Install Base Rock 10 days rhu 1/24/19 Wed 2/6/19 T 53 Asphalt Paving 2 days hu 2/7/19 Fri 2/8/19 54 Stripping and Signage 13 days Mon 2/11/19 lWed 2/13/19 I06 Thu 8/30/18 Page 2 Biltmore Construction Co.,Inc 0 4� Packet Pg. 3401 U.7.b Monroe County Courthouse and Detention Facility Master Schedule For M.C.Fuel Island-Tavernier Senior Center-Courthouse and Detention Facility . ID Task Name Duration Start Finish 2017 2018 2019 2020 2021 2022 HI H2 Hl H2 Hl H2 Hl H2 Hl H2 HI 55 Landscaping&Irrigation 5 days [Thu 2/14/19 IW.d 2/20/19 56 57 Demo Existing Pavement 5 days Mon 2/11/19 Fri 2/15/19 58 Underground Utility Relocation 15 days Mon 2/18/19 Fri 3/8/19 59 New Water Line Tap and Backflow 15 days Mon 3/11/19 Fri 3/29/19 _ _ _ _ _ _ —__— _— _- 60 Exfiltration 15 days Mon 4/1/19 Fri 4/19/19 61 Install New Sanitary Sewer Lines 15 days Mon 4/22/19 Fri 5/10/19 62 Install Base Rock 10 days Mon 5/13/19 Fri 5/24/19 -- --------- - - ----------- -- 63 Asphalt Paving 2 days IMon 5/27/19 Tue 5/28/19 64 IStripping and Signage 13 days Wed 5/29/19 Fri 5/31/19 65 Landscaping&Irrigation 5 days Mon 6/3/19 Fri 6/7/19 =Phase 3 MCCH: ------------------ - ----------- ------ -------------------- 67 S e Wo. 68 Abatement Work 15 days Thu 12/20/18 Wed 1/9/19 69 Demo of Existing Buildings&Site 30 days Thu 1/10/19 Wed 2/20/19 70 Site Underground Utility Rough-In 15 days Thu 2/21/19 Wed 3/13/19 71 Exfiltration 15 days Thu 3/14/19 Wed 4/3/19 ----- -- - -------- - - --- -— — --------- ----------- - --- ---- 72 Generator Pads 10 days Thu 4/4/19 Wed 4/17/19 73 Grease Trap 5 days [Thu 4/18/19 Wed 4/24/19 1 74 IRough Grade Site 5 days Thu 9/3/20 Wed 9/9/20 .75 Infrastructure for Fountain 15 days Thu 9/10/20 Wed 9/30/20 76 Exterior Fountain 20 days Thu 10/1/20 Wed 10/28/20 77 Curbs and Sidewalks 10 days Thu 9/10/20 Wed 9/23/20 78 Pavers 10 days Thu 9/24/20 Wed 10/7/20 79 Finish Grade Site 5 days Thu 9/24/20 Wed 9130/20 80 Flagpole Foundation 15 days hu 9/10/20 Wed 9/16/20 81 Monument Sign 10 days u 9/10/20 Wed 9/23/20 06 Thu 8/30/18 Page 3 Biltmore Construction Co.,Inc 0 4� Packet Pg. 3402 U.7.b Monroe County Courthouse and Detention Facility Master Schedule For M.C.Fuel Island-Tavernier Senior Center-Courthouse and Detention Facility . ID Task Name Duration Start Finish 2017 2018 2019 2020 2021 2022 Hl H2 Hl H2 Hl H2 Hl H2 Hl H2 H1 82 Dumpster Enclosure 10 days Thu 9/10/20 Wed 9/23/20 83 Bicycle Racks&Flagpole 2 days Thu 9/24/20 Fri 9/25/20 1 ---------- --- --------- 84 Fencing 5 days Mon 9/21/20 Fri 9/25/20 85 Paving 3 days Mon 9/28/20 Wed 9/30/20 86 Gates 5 days Thu 10/1/20 Wed 10/7/20 T 1 _ _ 87 Stripping and Signage 2 days t10/1/20Fri 10/2/2088 Landscaping and Irrigation 20 days Wed 10/28/20 89 S •uc r. —5d En e1..90 Utilities Under Building 40 days Wed 5/15/1991 Foundations 40 days Wed 7/10/1992 Building Pad 15 days Wed 7/31/19 93 Stem Walls&Elevator Pits 25 days Wed 9/4/19 I 94 Water Proofing 30 days [Thu 8/22/19 Wed 9/4/19 95 Backfill Elevator Pits&Planters 5 days Thu 9/5/19 Wed 9/11/19 _ 1 96 MEP Under Slab Rough-In 30 days Thu 7/25/19 Wed 9/4/19 97 Prep&Pour Slab on Grade 20 days Thu 8/29/19 Wed 9/25/19 98 1st Floor CMU 30 days Thu 9/19/19 Wed 10/30/19 99 Detention Door&Window Frames 15 days Thu 10/10/19 Wed 10/30/19 100 1st Floor CIP Columns 15 days Thu 10/31/19 Wed 11/20/19 101 1st Floor CIP Beams 20 days Thu 11/21/19 Wed 12/18/19 102 11st Floor Roof Bar Joist&Steel 15 days Thu 12/19/19 Wed 1/8/20 103 11st Floor Roof Decking 15 days Thu 1/9/20 Wed 1/29/20 104 MEP Roof Rough-In 15 days Thu 1/9/20 Wed 1/29/20 ----------- - -- ---- -- ---- ----_--- -- --- -- - _- ---"- --- ---- 105 4"Composite Roof Deck 5 days Thu 1/30/20 Wed 2/5/20 106 2nd Floor Hollow Core 5 days Thu 2/6/20 Wed 2/12/20 1 107 Stair Nl 15 days Thu 2/13/20 Wed 3/4/20 108 Stair#2 15 days Thu 3/5/20 Wed 3/25/20 06 Thu 8/30/18 Page 4 Biltmore Construction Co.,Inc 0 Packet Pg. 3403 Monroe County Courthouse and Detention Facility Master Schedule For M.C.Fuel Island-Tavernier Senior Center-Courthouse and Detention Facility . ID Task Name Duration Start Finish 2017 2118 2019 2020 2021 2022 H1 H2 Hl H2 Hl H2 Hl H2 Hl H2 H1 109 Stair#3 15 days Thu 3/26/20 Wed 4/15/20 U) 110 Stair#4 15 days Thu 4/16/20 Wed 5/6/20 111 2nd Floor CMU 20 days Thu 2/13/20 Wed 3/11/20 112 2nd Floor CIP Columns 15 days Thu 3/12/20 Wed 4/1/20 113 2nd Floor CIP Beams 15 days Thu 4/2/20 Wed 4/22/20 _ __ _ — _ _- 114 2nd Floor Topping 5 days Thu 4/23/20 Wed 4/29/20 115 j2nd Floor Roof Bar Joist&Steel 15 days Thu 4/30/20 Wed 5/20/20 116 2nd Floor Roof Decking 5 days Thu 5/21/20 Wed 5/27/20 117 MEP Roof Rough-In 5 days Thu 5/21/20 Wed 5/27/20 118 Composite CIP Roof Deck Roof Deck 5 days Thu 5/28/20 Wed 6/3/20 15 days Thu 6/4/20 Wed 6/24/20 ----- - ---_-_ _—_ -_ _-,--- --_ 120 Structural Framing&Sheeting 20 days Thu 6/25/20 Wed 7/22/20 I 121 Exterior Windows&Doors 10 days Thu 7/9/20 Wed 7/22/20 122 OH Coiling Doors 5 days Thu 7/23/20 Wed 7/29/20 123 Roof Ladder 2 days Thu 7/30/20 Fri 7/31/20 I 124 Stucco 40 days Thu 7/9/20 Wed 9/2/20 125 Roof Curbs&Screen Walls 30 days Thu 6/25/20 Wed 7/8/20 126 LWIC Roofing 10 days Thu 7/9/20 Wed 7/22/20 127 Fibertite Roofing 20 days Thu 7/23/20 Wed 8/19/20 128 Trusses at Main Entry 5 days Thu 9/3/20 Wed 9/9/20 129 SS Metal Roofing 15 days Thu 9/10/20 Wed 9/30/20 - 130 Skylight 15 days Thu 8/20/20 Wed 9/9/20 131 Exterior Paint 15 days Thu 9/3/20 Wed 9/23/20 132 Lightning Protection 10 days Thu 9/24/20 Wed 10/7/20 133 Canopy's&Sunshades 20 days Thu 9/24/20 Wed 10/21/20 134 Decorative Shutters 15 days Thu 10/1/20 Wed 10/21/20 135 IDetention Roof Panels 10 days rhu 10/8/20 lWed 10/21/20 Thu 8/30/18 Page 5 Biltmore Construction Co.,Inc r � 0 l 4ta Packet Pg. 3404 U.7.b Monroe County Courthouse and Detention Facility Master Schedule For M.C.Fuel Island-Tavernier Senior Center-Courthouse and Detention Facility . D Task Name Duration Start Finish 2017 2018 2019 2020 2021 2022 U H1 H2 Hl H2 Hl H2 Hl H2 H H2 HI 4) 136 Elevator Rough-In 10 days Thu 7/23/20 Wed 8/5/20 U) 137 Infill at Elevator Doors 10 days Thu 8/6/20 Wed 8/19/20 138 8'. Id' glnter'o Fi sites — —_-- --- - ---- ----- ---- ----- ----- -- —_---- 139 Metal Framing&HIM Frames 90 days Thu 2/13/20 Wed 6/17/20 140 Vault Door&Frame 10 days Thu 6/4/20 Wed 6/17/20 _ _ _ _ 141 Exterior Wall Insulation 70 days Thu 3/12/20 Wed 6/17/20 142 Electrical Rough-In 120 days Thu 3/12/20 Wed 8/26/20 143 Plumbing&Condensation Rough-In 30 days Thu 5/7/20 Wed 6/17/20 144 Fire Sprinkler Rough-In 20 days Thu 5/21/20 Wed 6/17/20 _ (� 145 HVAC Rough-In 40 days Thu 4/23/20 Wed 6/17/20 146 Frame Hard Ceilings 20 days Thu 6/18/20 Wed 7/15/20 147 Bullet Resistant Panels and Plywood Sheeting 15 days Thu 7/16/20 Wed 8/5/20 I 148 Interior Fountain Rough-In 10 days Thu 9/10/20 Wed 9/23/20 149 Set HVAC Units 15 days Thu 8/20/20 Wed 9/9/20 150 Security&Data Cabling 5 days Thu 8/27/20 Wed 9/2/20 ---- — - -- ------ ---- - ------------------- - ----- --------------- - 151 Drywall Hang&Finish 30 days Thu 8/6/20 Wed 9/16/20 152 Plaster Ceilings 15 days Thu 7/16/20 Wed 8/5/20 153 Prime Coat Paint 10 days Thu 9/17/20 Wed 9/30/20 154 Interior Fountain Tile 10 days Thu 9/17/20 Wed 9/30/20 155 Cr Floors&Walls 15 days Thu 10/1/20 Wed 10/21/20 156 FRPB Wall Panels 15 days Thu 10/1/20 Wed 10/21/20 157 1st Coat Paint 10 days Thu 10/22/20 Wed 11/4/20 158 Acoustical Ceiling Grid 10 days Thu 11/5/20 Wed 11/18/20 159 Millwork 30 days Thu 11/12/20 Wed 12/23/20 160 Interior Glass&Glazing 20 days Thu 9/17/20 Wed 10/14/20 161 Casework 20 days hu 11/12/20 Wed 12/9/20 162 Detention Plumbing Trim 115 days hu 8/20/20 lWed 9/9/20 Thu 8/30/18 Page 6 Biltmore Construction Co.,Inc 0 Packet Pg. 3405 U.7.b Monroe County Courthouse and Detention Facility Master Schedule For [so M.C.Fuel Island-Tavernier Senior Center-Courthouse and Detention Facility ID Task Name Duration Start Finish 2017 1118 2019 2020 2021 2022 U HI H2 Hl H2 Hl H2 Hl 112 Hl H2 Hl 163 Dry Chemical Fire Protection 5 days Thu 11/5/20 Wed 11/11/20 164 Detention Doors&Hardware 10 days Thu 9/10/20 Wed 9/23/20 165 Coiling Gills/Doors 5 days Thu 8/6/20 Wed 8/12/20 166 HVAC Startup 15 days Thu 11/19/20 Wed 12/9/20 167 Electrical Trim-Out 20 days Thu 11/19/20 Wed 12/16/20 168 Plumbing Trim-Out 20 days Thu 10/22/20 Wed 11/18/20 169 Fire Sprinkler Trim-Out 10 days Thu 11/19/20 Wed 12/2/20 -_ - 170 HVAC Trim-Out 20 days Thu 11/19/20 Wed 12/16/20 171 Security&Data Trim 20 days Thu 11/19/20 Wed 12/16/20 172 Elevator Trim&Start Up 10 days Thu 9/17/20 Wed 9/30/20 173 Casework&Millwork at Courtrooms 40 days Thu 10/29/20 Wed 12/23/20 174 Acoustical Ceilings at Courtrooms 10 days Thu 12/24/20 Wed 1/6/21 175 Accordion Door 2 days Thu 8/13/20 Fri8/14/20 176 Doors&Hardware 5 days Mon 8/17/20 Fri 8/21/20 177 Acoustical Tile 10 days Thu 12/24/20 Wed 1/6/21 178 Seating and Benches 5 days Thu 1/7/21 Wed 1/13/21 179 Gard Rails&Hand Railings 15 days Thu 8/13/20 Wed 9/2/20 I 180 Carpet 15 days Thu 1/7/21 .Wed 1/27/21 181 Final Finish Coat Paint 10 days Thu 1/7/21 Wed 1/20/21 - __ -_ _ - - _ -_ -_ -— -—_ — - U) 182 Food Service Equipment 10 days Thu 11/19/20 Wed 12/2/20 183 Lockers 3 days Thu 11/19/20 Mon 11/23/20 184 IDetention Equipment 20 days Thu 11/19/20 Wed 12/16/20 185 Restroom Accessories and Specialties 5 days Mon 8/24/20 Fri 8/28/20 186 Room&Building Signage 5 days Thu 1/21/21 Wed 1/27/21 187 State Seal 2 days Tue 1/26/21 Wed 1/27/21 - --- - ------------------------------------------ 188 Security&Access Control Testing 110 days Thu 12/17/20 lWed 12/30/20 189 HVAC Test&Balance 110 days hu 1/7/21 lWed 1/20/2106 Thu 8/30/18 Page 7 Biltmore Construction Co.,Inc. 0 . Packet Pg. 3406 U.7.b Monroe County Courthouse and Detention Facility Master Schedule For M.C.Fuel Island-Tavernier Senior Center-Courthouse and Detention Facility M8 < ID ask Name Duration Start Finish 2017 2018 2019 2020 2021 2022 U H1 H2 Hl H2 HI 2 Hl H2 Hl H2 Hi 190 lOwnerTraining 10 days hu 1/21/21 lWed 2/3/21 _ _-- Building 192 Final Inspections 15 days hu 2/4/21 Wed 2/24/21 193 Substantial Completio 0 days Wed 2/24J21 Wed 2/24 21 12/24 194 Punch List 3 days Thu 2/25/21 Mon 3/1/21 195 Punch List Work 20 days Tue 3/2/21 Mon 3/29/21 196 Final Completion 0 days Mon 3/29/21 Mon 3/29/21 3/29 197 Owner Move-In 20 days Tue 3/30/21 Mon 4/26/21 _--- -- _---_--- --- -- -- -- -- -- _----- -- -_- -_ 198 .nstruction MCCH&DF'Phase 4 Demo&Site -- — — -- - ---- ---- - - - -_; - - U 199 Make Safe 5 days Tue 4/27/21 Mon 5/3/21 -_-- --_-__ ---- --- -- -_--_-___-- h _--_-_ - 200 Early Demo 5 days ue 5/4/21 Mon 5/10/21 �l 201 Relocation of Utilities 15 days ue 5/11/21 Mon 5/31/21 I 202 Demo Corrections Building 20 days ue 6/1/21 Mon 6/28/21 203 Demo Modular Trailer 5 days ue 6/29/21 Mon 7/5/21 1, - — - - --- - -- - ---- - - 1 204 Demo Existing Pavement 5 days ue 7/6/21 Mon 7/12/21 ------------------- — 205 Exfiltration 15 days ue 7/13/21 Mon 8/2/21 206 Install Base Rock 10 days Tue 8/3/21 Mon 8/16/21 207 Asphalt Paving 2 days Tue 8/17/21 Wed 8/18/21 208 Stripping and Signage 3 days Thu 8/19/21 Mon 8/23/21 ------ - --------- 209 Landscaping&Irrigation 5 days ue 8/24/21 Mon 8/30/21 h MMCCH&DF Project Close-Out 211 Final Inspections - 5 days Tue 8/31/21 Mon 9/6/21 212 S u bs antial Co plet+on _ __ _ 0 days fVon 9J`2• Mon 9JJ 721 9/6 213 Punch List 3 days ue 9/7/21 Thu 9/9/21 4) 214 Punch List Work 20 days Fri 9/10/21 Thu 10/7/21 215 Final Completion 0 days Thu 10/7/21 Thu 10/7/21 10/7 06 Thu 8/30/18 Page 8 Biltmore Construction Co.,Inc. 0 0 4� Packet Pg. 3407 U.7.b B��O� The Monroe County Board of County Commissioners [B. The Key Judicial Courthouse and Detention Facility \_ CONSTRUCTION CO., INC. Guaranteed Maximum Price(GMP)Proposal EXHIBIT E—Voluntary Add Alternate Prices Please note that values indicated as alternates may change depending on what the final design indicates on the individual alternates. Item Itemized Description of the Work Value. Photo documentation as required by Specification ADD $ 103,000.00 0 Section 013233 Section 1.4 part Athru E ADD Building Information Modeling $ 31,440.65 ADD Bahama Shutters $ 187,646.00 Court Room"A","B"&"C"Casework,including wood ADD ceilings, includes drywall finish where wood $ 823,448.00 removed. ADD Wood Acoustical Panel Treatment $ 82,503.00 Painting of the west side only of the existing 0 ADD courthouse and the east side only of the L shaped $ 32,390.50 building housing the tower cable .� ADD Add Painting of Adjacent"L" Building Allowance $ 30,000.00 ILU U ADD Furnish and install Arnold Company Benches $ 149,125.00 ILU i � 2 HVAC System Upgrade—Add primer prior to coating o ADD by Modine. Includes 5 year warranty for primer and $ 7,000.00 coatings. See Specifications attached. ®I HVAC System Upgrade—Change Roof Top Unit Equipment Manufacturer from basis of design ADD "Johnson Control/York RTU"to"Airsource Seasons $ 369,164.00 4 Equipment". See Benefit Letter and Manufacturer's Specifications attached. Original Light Fixture and Lighting Controls Package. ADD Including CM Fee,Owner Contingency,CM $898,296.00 06 Contingency, Bonds and Insurance Last Phase of Site Work( Includes Clearing, ADD Demolition,Grading,Asphalt,Striping/Signage, $ 372,609.00 0 Curbs, Drainage, Lighting, Utilities, Landscaping, irrigation and General Conditions) ADD Demolition of the Existing Detention Facility $ 63,091.00 ADD General Conditions for last Phase of Site Work $ $242,929.00 0 0 October 1,2018(Rev 3) BCC Project#986 Page 14 Packet Pg. 3408 � r TM# , - Tropi - Coa HVAC cabinet protection P , Spray-Applied Corrosion Resistant Coil and Cabinet Coating Engineered for harsh environments, Tropi-Coat' is offered as Modine CIS' premium service ifeaturing 'Insitu ESQ' embedded with 316 Stainless Steel. Tropi-Coat is applied to all coil surface , areas, internal components, copper tubing, external cabinet and base side rails. This allows 100%exposed capsulation and is ` designed as a top coat over the existing factory finish, acting as a sacrificial barrier. ' FOR ADDITIONAL TECHNICAL OR SALES SUPPORT, CONTACT TULIA RIOS DIRECT 954-973-0584-OR-Tulia.I.Rios@Modine.com Packet Pg. 34 , . U.7.b INSITU° SPRAY COAT PROCESS eao n Uhit Drying Off � Insitu,ES Insitu ES ;�. Unity�.< � Dlsassem6ly WashPressureingCmEs ; Stage b�{ �Spy�CoetinR DryingCycle , Rea ss emUly.F E SPECIFICATIONS TECHNICAL PERFORMANCE Insitu®Spray Coat contains ES2(embedded stainless steel pigment)technology,an anticorrosion coating specifically PROPERTY TEST METHOD PERFORMANCE designed for the protection of coils mounted in corrosive areas. Salt Spray DIN 53161/ASTA10117 Exceeds s,000hours Coils will have a permanent,water-based synthetic coating with ES2 pigment applied to all coating surface areas without material Water Immersion ASTMD870 500 hours minimum bridging between fins.The coating process will ensure a uniform Pencil Hardness ASTM 03363 HB-F dry film thickness of 0.6-1.2 mils and meet 513 rating crosshatch Crass Hatch Adhesion ASTM 03359 58 adhesion per ASTM D3359-93.Corrosion durability will meet in Humidity ASTM 02247 500 hours minimum excess of 5,000 hours salt spray resistance per ASTM B117. HY Hasistanc ASTM D4587 500 hours minimum _ Mandrel Bond Flexibility) AS1M0522M Pass RESISTANCE TO CORROSION Mold Resistance ASTM G21 Pass ES2 pigments are made from a high-performance stainless alloy CS-1 Cominuous.condousation IS06270 Pass which is resistant to corrosive conditions. ES2 pigments are — therefore suitable for even the most corrosive environments, C5-iSaltSpray ISO75Z3 Pass and will maintain their appearance after many years of exposure. es-I Chemical Resistance ISO zalz-1 Pass IL I RESISTANCE TO.UV DEGRADATION IDEAL APPLICATIONS FOR INSITU®SPRAY COAT U ES2 pigments form a multi-layer structure throughout the paint •Coils(water,condenser,evaporator, DX) film.This creates a barrier layer which reflects sunlight away from •Mini-Splits I the paint film,and prevents ultraviolet rays from penetrating. .Packaged Rooftops As a result, UV degradation of individual polymer molecules •Condensing Units is eliminated,the film integrity is maintained,and the pigment .Modular Air-Handlers particles are well anchored to the substrate.The resultant smooth, .Air-Cooled Chillers hard finish stops dirt from accumulating. I • Interior&Exterior HVAC Cabinetry and Copper Piping RESISTANCE TO MOISTURE 2 ADVANTAGES OF INSITU11 SPRAY COAT The multi-layer structure of the ES pigments slows the passage of water molecules into the film and acts as an effective moisture • Unparalled Customer Service barrier.This prevents the subsequent swelling and deterioration •Applied by Insitu®Spray Coat Certified Technicians of the protective film. •Short Lead Time of 5-7 Days Standard •Crane Off-Load - •Local Pick Up and Delivery Available •On-Site Application Available 06 •Modern, Fully-Licensed and Permitted Facilities 0 MODINE MANUFACTURING COMPANY Commercial&Industrial Solutions—Coatings Tampa Pompano Temecula Louisville LICENSED APPLICATORS WORDWIDE 10225 Elizabeth Place 1950 NW 15th Street,Bldg.B 42235 Winchester Rd. 1423 West Ormsby Avenue Tampa,FL 33619 Pompano Beach,FL 33069 Temecula,CA 92590 Louisville,KY 40210 ModineCoatings.eom Telephone:813.689.4282 Telephone;954.973.0584 Toll-Free:866.488.0217 Telephone:502.634.9458 Telephone:951,699.8528 INS75-105 _. Packet Pg. 3410 U.7.b Insit ® coil and cabinet 10225 Elizabeth Pi u protection Tampa,FL 33619 813-689-4282 1950 NW 15th St www.modinecoatings.com Building B Pompano Beach,FL 33069 954-973-0584 Technical Features & Specifications Performance Testing Standard Measure Salt Spray ASTM B117 Exceeds 10,000 hrs Water Immersion ASTM D870 3 months Pencil Hardness ASTM D3363 HB-F o U Cross Hatch Adhesion ASTM D3359 513—0%Failure Humidity ASTM D2247 500 hours UV Resistance ASTM D4587 1000 hours t3 Mandrel Bend(Flexibility ASTM D522 Passed 1/8 inch U) Mold Resistance ASTM G21 Passed 0 Sand&Dust Resistance I MIL-STD 81 OF(Military) Passed All testing performed through third party validations t.3 Physical Properties Viscosity:25-35#2 Zahn Signature 90 @ 78' Flash Point:201°TCC Weight: 9.15 lb/gl Coverage: 525 sq.ft/gl @ 1 mil. Dry Film U Gloss:60°:Med.-High V.O.C.: .85 lb/gl excluding water(lowest in the industry) Solids: %Weight:41.78 Thermal Degradation: <2% %Volume:35.78 Temperature Limits: -20F to+300F Grind: 7+NS Product Description ®I Water based,solvent free,water reducible synthetic flexible polymer coating 100%embedded with 316 stainless steel flakes @.25 micron engineered for HVAC-R heat transfer coils and components and cabinets. U) Method of Application E Modine proprietary spray,equipment methods and equipment by in-house,factory-trained personnel(no third party applicators). Dry Time 06 15 minutes to touch;30 minutes thorough dry (water based and field repairable). Environmentally Compliant. Registered,Permitted and approved by the South Coast Air Quality Management District(SCAQMD) of California.Meets or exceeds federal EPA"green"surface coating guidelines. ENGINEERING SPECIFICATIONS: U HVAC Coil Anti-Corrosion Coatings Provide Modine C°Insitu",a spray-applied,water-based,low VOC synthetic coating embedded with 316 stainless steel flakes and applied to all coil surface areas.Superior hardness characteristics of HB-F pet ASTM l]3363rIZA anil a crosshatcli;atdhesion of 4B,5B per ASTM$3359 93. Hum�drt}�and tivater m�metsion resistance slutll+be up ro a�minimu11> q0 and (1U0}ours,ic`specfi cly,`( ST1 .6 2247-92�andp 4°`: AS CM�ll87f1-02Ciirrosic+n dumb lit shrill lie confirmed through testing to n legs tltau 1T},b0ti bouts Y -- Packet Pg. 3411 U.7.b AIRSOURCE )[,'SONS v�0RP0RAT10N ro.r efrsacadFWd21.6tsn Mamtfacturees Representative Local Representative 5305 NW 108th Avenue Ph:(954)659-2530 Sunrise,FL 33351 Fax:(954)659-2558 September 12,2018 Turnkey International, Inc. 1315 NW 98"'Court, Unit 15 Doral, FL 33172 Attn: Jorge Porro U) Subject: SEASONS 4 Equipment Description and Benefits Thank you for the opportunity provided to us to offer an Alternate Equipment Quote to address the issue of the corrosive environment of this project. t s Surrounded by ocean water,sand, prevailing winds and unrelenting UV rays, Plantation Key Judicial .� Courthouse is located in one of the most corrosive environments in the country.Due to this environment I is would anticipate even the most well maintain off-the-shelf units would corrode to the point of failure in one third to half of the expected life cycle of units in other parts of the country. For instance, even, Palm Beach Wi County Municipal Facilities plan into their"life-cycle"budget the need to recoil air cooled units every 5—7 years and replacing this same equipment every 10-12 years. This includes air cooled units that are well o inland from the coast. Tavernier is a much more corrosive environment than Palm Beach county. i Standard equipment simply is not designed or built to withstand the burden of this area. It is for this very reason that SEASONS 4 set out to address this very unique issue. Most manufacturers start with a standard U) off the shelf unit,selected from their catalog. They will have limited upgrades for corrosion prevention or added options to try and address the issue. Some manufacturers must send units to a"final finisher"or 3"d E party to have these modifications made in an effort to achieve the needed protection.SEASONS 4 starts from a blank sheet of paper and designs custom built HVAC solutions to specifically meet their customer's needs.All of this is done in house at our facility. Currently we have over 50 specific options for Seacoast corrosion prevention. SEASONS 4 Extreme Seacoast options are a living list as it is constantly under 06 evaluation as we receive feedback from the field. By approaching every job in this manner,SEASONS 4 ensures that every part was meant to work together and that the design is made using the most energy efficient approach possible. Seasons 4 has years of experience building Custom Built HVAC solutions and Package DX Units. It is important to remember what manufacturers are up against when it comes to the harsh reality of seacoast environments. It is hard,even impossible,to stop all corrosion forever, but we can slow it down to the point we get life expectancies of equipment that make sense for our facilities and budgets. Seasons 4 does this by its attention to detail and interest in the small things that make your unit last in corrosive environments. Some years ago SEASONS 4 did a Government project that was approximately 2500 feet from the Atlantic Ocean. They produced a white paper that was used some years ago with the tagline"2,500 feet from the Atlantic Ocean and miles ahead of the competition". The tagline was clever,but the message was important. What separates SEASONS 4 Extreme Coastal units will be listed below but the comparison isn't fair. There is no comparable standard equipment manufacturer. SEASONS 4 is not trying to compete with or against Pagel of 7 Packet Pg. 3412 U.7.b Standard cataloged equipment. The same can be said for those manufacturers,they simply do not build they same type of equipment as SEASONS 4. Standard manufacturers do offer some options as previously stated,some of which are very good options,but comparing the two types of units would be unfair to both companies. SEASONS 4 is not adding to or coating over standard construction for extreme coastal environments. E Seasons for is replacing standard metals, materials,and components to build an Extreme Seacoast unit. One final example before we look at a few of the options that make the Seasons 4 units what they are. Seasons 4 has obtained a Miami Dade County NOA certification for Category 5 Hurricane wind loads,with an all-aluminum unit. The equipment for this job has an air-cooled condensing section which prevents the NOA label being applicable to this unit, but the construction of this unit is built to that same standard.This 12 shows that the SEASONS 4 equipment is not only addressing the corrosive properties of seacoast projects 0 but the wind loads. This is the quality of equipment these types of projects require and is not something you will find in standard units. o Below you will find some description and photos of what sets the Seasons 4 units apart from the other manufactures in the industry.This list is a sample of the options provided. The project quote has a more comprehensive list but may not list all items used in corrosion prevention. U) 0 0 Condenser Section: U I },- '` Aluminum is an excellent and durable t 3 � �r # construction material for marine and coastal �f►� ��• applications as long as care is taken to avoid dissimilar metal to metal contact that 21 leads to galvanic corrosion.Heavy gauge aluminum treadplate condenser floors are a great way to slow and control corrosion.A -_ =- layer of aluminum oxide or"white fluff'will i form naturally in just a few months of — exposure,but this film actually protects the U) inner metal and doesn't allow the corrosion to go deeper.This is why we call out for E thicker gauges of aluminum over our 'a ' already aluminum floored condenser sections for extreme coastal applications. 06 Seasons 4 has used Luvata Electrofin coating for over 10 years and considers it the best when it comes to coil coatings and a more economical alternative to using copper/copper coils. In addition to coating the coils,we still o recommend using a stainless steel casing.Some might consider this a"belt and suspenders"approach,but corrosion can form at every attachment point where the coating is penetrated.The stainless steel casing offers an additional level of protection at minimal cost. Page 2 of 7 _ _ Packet Pg. 3413 U.7.b C Attention to detail: SEASONS 4 noticed that E as as things small galvanized conduit - presented a spot for corrosion to start. As . seen in the picture to the left,SEASONS 4 - uses non-metallic conduit in the 1 condenser/compressor section as well as the aluminum treadplate flooring. Both key components and options to extending the life of your new Seasons 4 coastal unit. C ka — , icy^ 0 This picture details the use of stainless steel venturi for the condenser fans as well as the use of non-metallic conduit.For the condenser fan blades,we offer options for fiber-reinforced composite blades as well as stainless steel. -;- C t E 06 C e C 0 Page 3 of 7 Packet Pg. 3414 U.7.b In addition to materials chosen for higher corrosion resistance,we can also choose i components that will work better in this environment.Above is an all-aluminum blower with stainless steel shaft.In extreme r_ coastal applications we suggest using stainless steel or aluminum motor bases as well. 0 j Cabinet construction options: 0 • Unit base to be constructed of formed Stainless Steel, including lifting lugs and cross rails • Security bars on duct openings to be Stainless Steel for corrosion protection • Unit base liner(panning) shall be mill finish stainless steel g, • All dissimilar metals to be separated with gasketing, and all exterior fasteners to be provided with rubber washers to avoid galvanic corrosion • Aluminum unit liner, including floor, ceiling, walls and bulkheads, entire air tunnel • All door hardware to be stainless steel and/or aluminum, including stainless steel door rods . o • Wall posts, corner posts and roof structure to be constructed of aluminum • Roof Structure to be Stainless Steel • Unit floor shall be constructed of mill finish aluminum panels. • Unit Exterior All-Aluminum Panels: Fifteen (41'5)u.ear warranty on maintenance fret AlumirnumTCabinet • Filter rack (including all supports and filter pulls) to be constructed of aluminum • Aluminum CIA Louver and BirdScreen and Aluminum OA dampers • Electrofin coated evaporator coils. • Supply air fan to be aluminum construction with Aluminum or S.S. Motor Motor 06 Condenser section/Compressor section options • Compressors to be located in dedicated compressor vestibule. • Stainless Steel condenser fan blades with stainless steel hubs, motor brackets, clamp o rings, and fan guards. • Electro-fin coated condenser coils with UV topcoat for corrosion protection. UPGRADE option of heavier XT Marin'e grade Coating 2 • Condensing section constructed with aluminum and/or stainless steel for corrosion protection, including corrosion resistant conduit and electrical hardware • Condenser fan venturis to be constructed of stainless steel for corrosion protection • Refrigerant drier bolts and nuts to be stainless steel. • Expanded Aluminum Condenser Coil Gaurds. Page 4 of 7 - - Packet Pg. 3415 U.7.b Summary: SEASONS 4 is unlike most manufacturers. This is not a standard unit and it is not the"cheapest"upfront option, but it most likely is the right solution and the lowest life-cycle cost of any unit in the industry. Extreme coastal environments are harsh, unforgiving and unrelenting. Protecting equipment in these environments is not easy. Therefore,VERY few manufacturers take on this daunting task. SEASONS 4 is a manufacturer that is unnerved by this challenge and this is the very reason customers with many South Florida units or locations continue to come back to SEASONS 4. Customers like the Defense Commissary Agency, Fresh Markets,Whole Foods, Dolphin Mall, Mt. Sinai Hospital and Publix. Below are some photos of a unit going to Publix with many of the Extreme Coastal Options included. Please call me at 954/659-2550 if you have any questions or comments. Best Regards, O �s Ben Morton AIRSOURCE } CORTOWATION 5305 NW 108thAvenue Sunrise,FL 33351 954/659-2550 office 954/445-5458 cell brnorton@airsourcecorp.comIL rv:aixsourcecom.com, .�` APPGNOM A(Photos) I 2 O 4.{ I � oti E 06 Page 5 of 7 Packet Pg. 3416 U.7.b mo ie �.3 Page 6 of 7 - Packet Pg. 3417 � by � M r n � ' l — E � ..•f Rv\\ w\' x f 111 VIP 1 f ` U.7.b The Monroe County Board of County Commissioners Plantation Key Judicial Courthouse and Detention F acility BILTMORE y MCONSTRUCTION CO., INC. Guaranteed Maximum Price(GMP)Proposal EXHIBIT F—Potential Value Engineering Saving • Please note that these potential savings are estimates.All potential savings should not be taken from the GMP until these items are fully vetted with the Owner,Architect,Construction Manager and effected Subcontractor.Once approved then final pricing will be provided. Item Itemized Description of the Work Value Alternate Lighting Controls and Fixture Package per Included in base bid,see DEDUCT Stryker $ Add Alternates above �3 DEDUCT Delete Concrete Paver Base $ (58,094.00) Skim Coat at all exposed interior masonry at DEDUCT Detention Center $ (36,644.00) DEDUCT Deduct Platforms and Ramp at Courtroom C $ (13,071.00) 0 IL 0 I U) 06 r October 1,2018(Rev 3) BCC Project#986 Page 15 Packet Pg. 3419 U.7.b FIRST AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND BILTMORE CONSTRUCTION CO.,INC. FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY This First Amendment to the Construction Management at Risk Contract between Monroe County, Florida("Owner") and Biltmore Construction Co., Inc. ("Construction Contractor"), for the Plantation Key Judicial Courthouse and Detention Facility ("Project") dated December 13, 2017, ("Agreement"), amends and modifies the Agreement pursuant to Sections 2 M.; 4.A.b.; and 7A. to establish and implement the Guaranteed Maximum Price ("GMP"), Scope of Work, and Contract Time for the Public Works Fuel Island Relocation and the Plantation Key Government Center and Roth Building Wastewater Treatment Plant Replacements and Abandonments portions of the Project, as follows: 0 ARTICLE 1 -SCOPE OF WORK The scope of Work contemplated in this First Amendment consists of all the Work accounted for in the Public Works Fuel Island Relocation GMP ("Fuel Island GMP") and the Plantation IL I Key Government Center and Roth Building Wastewater Treatment Plant Replacements and U Abandonments GMP ("Wastewater GMP"), that have been agreed to and entered into between Wi 2 Owner and Construction Contractor, in accordance with the Agreement, which are hereby attached to, incorporated and made a part of this First Amendment by reference as follows: i 1. Fuel Island GMP dated February 8, 2018, and approved by the Board of County Commissioners on March 21, 2018. 2. Wastewater GMP dated March 16, 2018, and approved by the Board of County Commissioners on April 19, 2018. ARTICLE 2 - GMP 06 2.1 Construction Contractor's GMP for the Work, including the estimated Cost of the Work as defined in Section 5 of the Agreement and Construction Contractor's Fee as defined in 0 Section 4 of the Agreement, is as follows: 1. Fuel Island GMP- $536,912.00. is 2. Wastewater GMP -$783,765.00. 2.2 The GMP includes material that may be purchased directly by the Owner ("Owner Direct Purchases"). Construction Contractor will process deductive Change Orders under the Packet Pg. 3420 Agreement for the actual amount of Owner Direct Purchases, inclusive of sales taxes. Prior to final payment, a final reconciliation of the Owner Direct Purchases against the GMP will be performed and a final Change Order will be prepared for the Owner's review and execution. 2.3 The Construction Contractor's Overhead and Profit for these portions of the Project are hereby established as a not to exceed amount of CM FEE said not to exceed amount included within the two GMP as follows: 1. Fuel Island GMP - $ 35,125.00 12 2. Wastewater GMP - $ 78,376.00 2.4 The General Conditions / Requirements including Construction Phase Fee (Personnel) expenses for the Fuel Island GMP anticipated on this Project are hereby established as a not to exceed amount of$126,939.00 (One Hundred Twenty Six Thousand Nine Hundred Thirty Nine U) Dollars and 00/100), said amount is included within the GMP. The General Requirements expenses for the Wastewater GMP anticipated on this Project are hereby established as a not to 0 exceed amount of$269,148.00 (Two Hundred Sixty Nine Thousand One Hundred Forty Eight Dollars and 00/100), said amount is included within the GMP. The items included as General Requirements expenses are listed in the List of Itemized General Requirements in each GMP. Except as said not to exceed amount for General Requirements expenses may be expressly 21 0 adjusted by Change Order or Construction Change Directive. Construction Contractor acknowledges and agrees that Owner shall have no liability for any General Requirements ®i expenses beyond payment of the above noted amount and Construction Contractor agrees that it U) shall not be entitled to receive any additional compensation from Owner for the General Conditions beyond the above amount unless approved by Owner in writing. Construction Contractor shall provide an accounting of funds allocated for General Requirements expenses at 06 the completion of the project as a precedent to final payment. Construction Contractor shall return to the Owner any amounts paid for General Requirements expenses that exceed the amount of actual General Requirements expenses accounted for by Construction Contractor, and amounts returned shall be credited from the GMP. 2.5 Monthly installment payment of the Construction Contractor's Fee and the General Requirements expenses shall be based upon the actual cost incurred for the designated portion of FIRST AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND BILTMORE CONSTRUCTION CO., INC. FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY Page 2 of 5 Packet Pg. 3421 U.7.b the Work for each particular month. Contractor shall supply backup and support for that portion of Contractor's Fee requested in each Pay Application in a form acceptable to owner. 2.6 In order to efficiently and timely address any unknown or unanticipated conditions that are within the scope of the required Work and are otherwise reimbursable without duplication as a Cost of the Work, but excluding all items that are to be reimbursed under the General Requirements expense amount noted in paragraph 2.4 above, the parties have agreed to establish an Project Contingency Allowance within each GMP in a not-to-exceed amount of PROJECT 12 0 cu CONTINGENCY AMOUNT of $17,907.00 (Seventeen Thousand Nine Hundred and Seven Dollars and 00/100) for the Fuel Island GMP and $36,626.00 (Thirty Six Thousand Six Hundred and Twenty Six Dollars and 00/100) for the Wastewater GMP. Contingency funds shall be used to cover costs that may result from incomplete design and unanticipated costs that arise during U) construction that are not identified by the construction documents. Construction Contractor shall not proceed with any portion of the Work which it intends to charge against this contingency 0 without first obtaining Owner's express written authorization to proceed. The Construction Contractor acknowledges and agrees that any work which is to be charged against the contingency allowance that does not receive such prior written approval from the Owner shall be deemed to be part of Construction Contractor's basic Work compensated within the GMP and 21 0 not chargeable against the Project Contingency Allowance. Unused contingency remaining at the end of the job will be credited from the guaranteed maximum price. Construction Contractor has ®I no entitlement to any portion of any unused contingency. Contractor shall prepare and submit to U) Owner a monthly report regarding contingency usage and consumption with supporting back up and documentation in a form acceptable to Owner. All contingency expenditures shall be subject to audit and review by Owner prior to issuing a progress or final payment. 06 2.7 The parties have agreed to establish allowances within each GMP for items and amounts identified in the GMP Proposal. Construction Contractor shall not proceed with any portion of the Work associated with the aforesaid allowance ("Allowance Work") without first obtaining Owner's express written authorization to proceed with said Allowance Work. Unused Allowance Amounts remaining at the end of the job will be credited from the guaranteed maximum price. Construction Contractor has no entitlement to any portion of any unused allowances. Allowances that are exceeded.shall be adjusted via change order. FIRST AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND BILTMORE CONSTRUCTION CO., INC. FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY Page 3 of 5 Packet Pg. 3422 U.7.b 2.8 Construction Contractor recognizes that the Agreement may include work for trench excavation in excess of five feet deep. Construction Contractor acknowledges the requirements set forth in Section 553.63 of the Florida Statutes titled Trench Safety Act., Construction Contractor certifies that the required trench safety standards will be in effect during the period of E construction of the Project and Construction Contractor agrees to comply with all such required trench safety standards. ARTICLE 3- CONTRACT TIME 3.1 The Construction Phase Commencement Date for the Work for the Fuel Island GMP is TBD from NTP and for.the Wastewater GMP is TBD from NTP. The total period of time beginning with the Construction Phase Commencement Date through the date required for Substantial Completion of the Work for the Fuel Island GMP is One Hundred and Forty Nine U) (149) CALENDAR DAYS FOR COMPLETION ("Contract Time"), and for the Wastewater GMP it is One Hundred and Fifty Two (152)Calendar Days. The Substantial Completion Date is therefore established as 149 calendar days from the notice to proceed for the Fuel Island GMP and 152 calendar days from the notice to proceed for the Wastewater GMP. 3.2 Pursuant to this Agreement, the parties have established a liquidated damage rate for 0 reasons stated therein, which the parties acknowledge and agree apply to this Amendment and Construction Contractor's responsibility to complete the Work within the Contract Time as stated ®I herein. Accordingly, the liquidated damage rate established in this Agreement shall be assessed U . from Construction Contractor for each calendar day Construction Contractor fails to achieve Substantial Completion for the Designated Work within the Contract Time and shall be the sole remedy for all damages for delay. 06 3.3 Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY& CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under$50,000.00 $50.00/Day $100.00/Day $250.00/0ay $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day FIRST AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND BILTMORE CONSTRUCTION CO., INC. FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY Page 4 of 5 Packet Pg. 3423 U.7.b $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 300.00/Day 500.00/Day 1000.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Except as expressly modified herein, all other terms and conditions of the Agreement 0 remain unchanged. In the event of a conflict between the terms of this Amendment and those of the Agreement, Owner and Construction Contractor agree that the terms of this Amendment shall prevail and control. «� r �3 SS WHEREOF, each party caused this First Amendment to the Agreement to is duly authorized representative. o t VIN MADOK BOARD OF COUNTY COMMISSIONERS U OF MONROE COUNTY, FLORIDA By: By: cr t Mayor/Chairman CD LL_ >= 2-- °` v= Date: C) MCI 'Z BOTTMO NSTR C ION CO., INC. By: MON E COUNTY ATTORNEY'S OFFICE 06 Name: (rl� An- PATRICIA 8�T �J PATRICIA FABLES Title: VI C ems. ASSISTANT COUNTY A 0RNEY Date: ZF8 1 DATE, Witness signature: QG/ Witness name: 16✓►1 mac! �/ E FIRST AMENDMENTTO CONSTRUCTION MANAGEMENT AT RISK CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND BILTMORE CONSTRUCTION CO., INC. FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY Page 5 of 5 Packet Pg. 3424 a CONSTRUCTION MANAGEMENT AT RISK CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND BILTMORE CONSTRUCTION CO.,INC. FOR PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY �s U) DATE: December 13,2017 0 �s �s i 2 0 co i U) 06 �s �s ORIGINAL DOCUMENT BILTMORE CONSTRUCTION CO,, INC. Packet Pg. 3425 U.7.b TABLE OF CONTENTS Section 1 Contract Documents Section 2 Scope of Work Section 3 Relationship of Parties Section 4 Contract Amount Section 5 Cost of the Work Section 6 Bonds Section 7 Contract Time and Liquidated Damages Section 8 Exhibits Incorporated Section 9 Notice Section 10 Modifications Section 11 Successors and Assigns Section 12 Governing Law and Venue Section 13 No Waiver Section 14 Entire Agreement Section 15 Severability 0 �s 2 0 E i U) �s ORIGINA DOCUMENT 2 BILTMORE CONSTRUCTION CO., INC. Packet Pg. 3426 U.7.b EXHIBITS Exhibit A: General Terms and Conditions Exhibit B: Supplemental Terms and Conditions Exhibit C: Insurance Requirements Exhibit D: Master Project Schedule Exhibit E: Construction Manager's Staffing Schedule �s �s �s �s i 0 E i U) ORIGINAL DOCUMENT BILTMORE CONSTRUCTION CO., INC. 3 Packet Pg. 3427 U.7.b f CONSTRUCTION MANAGEMENT AT RISK AGREEMENT The Board of County Commissioners of Monroe County,Florida, apolitical subdivision of the State of Florida ("County" or "Owner"), hereby contracts with Biltmore Construction Co., Inc. ("Construction Manager"or`Biltmore Construction"),a Florida corporation,to perform all construction management work in connection with development of the Plantation Key Judicial Courthouse and Detention Facility ("Project"),being set forth in the designs,plans and specifications being prepared by Currie Sowards Aquila Architects of Delray Beach, FL ("CSA"), Architect and/or Engineer of Record ("Design Professional" or "CSA"), including related construction(all collectively"Work"). 12 c Owner and Construction Manager, for the consideration herein set forth, agree as follows: �s Section 1. Contract Documents. �s A. The Contract Documents consist of this Agreement,Exhibits,the Request for Qualifications and any executed and issued addenda, Change Orders, Construction Change Directives, Field Orders and amendments.Further,the term Contract Documents shall include all designs,plans and specifications for the construction of the Project ("Construction Documents") being prepared by Design Professionals, Architects and/or Engineers (collectively "Designers") but only after said Construction Documents have been approved in writing by Owner. The foregoing are referred to collectively as "Contract" or"Contract Documents". U B. Owner shall furnish Construction Manager with one(1) set of the Construction Documents and other 21 Construction Documents prepared by other Architects and/or Engineers engaged in the Project. Any additional copies of Construction Documents,required by Construction Manager for execution of the Work, shall be made by Construction Manager. Such fin-nishing by Owner shall not be deemed to be i a waiver by Owner or Design Professional, any Architect and/or Engineer of any copyright, patent or license they may have with respect to the Construction Document. All such copyrights, patents and licenses hereby being expressly reserved by Owner and Design Professional, Architect and/or Engineer. C. General Conditions. For the Construction Phase—Administration of the Contract Services, the 06 General conditions of the Contract are outlined in Exhibit A herein. For the Pre-Construction Phase Services, or in the event that the Pre-Construction and Construction Phases proceed concurrently, Exhibit A shall apply to the Pre-Construction Phase only as specifically provided in this Agreement. �s Section 2. Scope of Work. The Work and services to be provided by Construction Manager pursuant to this Contract shall be performed essentially in two main phases, with those phases being (A) Pre-Construction Phase Services and (B) Construction Phase—Administration of the Contract Services. At the discretion of Owner, those two phases c and other phases and ancillary work may overlap. A. PRE-CONSTRUCTION PHASE. Construction Manager shall review and comment upon the Construction Documents being developed by Design Professional, any Architect and/or Engineer (collectively "Designers") engaged in the Project. The scope of that review shall include, but not be MGM,L DOCUMENT 4 BILTMORE CONSTRUCTION CO., INC. Packet Pg. 3428 r limited to, reviewing documents for value engineering and constructability and scheduling. As the Construction Documents are developed by Designers through the various design phases set forth in the Design Professional Services Agreements between Designers and Owner ("Design Agreements"), Construction Manager shall provide Owner with detailed construction cost estimates with respect to those documents. Construction Manager agrees to attend all design and preconstruction conferences and to otherwise assist and cooperate with Designers with respect to the design of the Project. Construction Manager shall provide all other services during the Pre- Construction Phase of the Project as set forth in the Contract Documents. B. PRELIMINARY EVALUATION. The Construction Manager shall familiarize itself with the approved facilities program for the Project and shall provide a preliminary evaluation of the Owner's program and Project budget requirements. The Construction Manager shall jointly participate with the Owner and Designers in formation of the final Project design. It is the Construction Manager's responsibility to assure that all parties coordinate efforts and revise the program to remain within the Owner's budget. U) C. CONSULTATION. The Construction Manager and the Designers shall jointly schedule and attend regular meetings with the Owner. The Construction Manager shall consult with the Owner and 1� Designers regarding site use and improvements and the selection of materials, building systems and 0 equipment. The Construction Manager shall provide recommendations on construction feasibility; actions designed to minimize adverse effects of labor or material shortages; time requirements for procurement, installation and construction completion; and factors related to construction cost, including estimates of alternative designs or materials,preliminary budgets and possible economies. To provide effective consultation,the Construction Manager shall perform or cause to be performed such structural or environmental tests, surveys or reports as necessary. E D. PROJECT SCHEDULE. When Project requirements have been sufficiently identified, the i Construction Manager shall prepare, and periodically update, a Project schedule for the Design Professional's review and the Owner's approval. The Construction Manager shall obtain the Design Professional's approval when reporting the Proj ect schedule relating to the performance of the Design 0 Professional's services. The Construction Manager shall coordinate and integrate the Project schedule with the services and activities of the Owner, Design Professional and Construction E Manager. As design proceeds, the Project schedule shall be updated to indicate proposed activity 06 sequences and durations,milestone dates for receipt and approval of pertinent information, submittal of a Guaranteed Maximum Price (GMP) proposal,preparation and processing of shop drawings and samples, delivery of materials or equipment requiring long-lead time procurement, Owner's occupancy requirements showing portions of the Project having occupancy priority, and proposed date of Substantial and Final Completion �s E. PHASED CONSTRUCTION.The Construction Manager shall make recommendations to the Owner and Design Professional and Designers regarding the phased construction of the Work,if such phased E construction is appropriate for the Project,taking into consideration such factors as economies,time cu of performance, availability of labor and materials, and provisions for temporary facilities. The first phase of construction shall begin after construction documents are sufficiently complete for all phase of work. F. PRECONSTRUCTION COST ESTIMATES. The Design Professional and Designers are required ORIGNAL DOCUMENT 5 B➢L.TMORE CONSTRUCTION CO., INC. Packet Pg. 3429 to provide design concepts, narratives, and drawings. During each phase of design, in keeping with the Owner's goals and the program for the Project,the Construction Manager shall familiarize itself with design documents and provide the Owner, Design Professional and Designers with a report detailing construction issues and concerns relating to the design,with detail appropriate to the phase of design. Without limitation of the foregoing, each construction report shall: a. include an estimate of overall construction cost, including Construction Manager's contingency not to exceed the amount specified for each phase of design, including a comparison of the estimate to the Owner's budget for construction; b. identify conceptual decisions necessary to prepare accurate cost reports with the fewest assumptions, qualifications, end exclusions; c. include an analysis and evaluation of jobsite management, site logistics, and schedule considerations;. 0 d. include an analysis and evaluation of the constructability of the design concepts, narratives, or drawings; e. include an analysis and evaluation of the design concepts, narratives, or drawings_in regard to the completeness of intended bid categories, conflicts or overlaps in the divisions of the Work, design details affecting construction including, without limitation, unusual or custom materials, value analysis, identification of long-lead materials affecting the construction 1� schedule, availability of labor, and other factors affecting construction, and, in the report provided during the Construction Documents Phase, suggestions for alternatives for matters which may delay the construction schedule; f. address problems, conflicts, defects, or deficiencies in the design concepts and offer recommendations and resolutions of same; and g. identify any other issues which Construction Manager reasonably believes may have a negative impact on the Project schedule, budget, or performance. h. The Construction Manager shall include a statement that the cost estimates are within the Owner's budget. i G. The Construction Manager, the Design Professional and Designers shall jointly schedule and attend regular meetings with the Owner and evaluate the preliminary design drawings. The Construction Manager shall prepare and distribute minutes of these meetings, and verify the accuracy and completeness of the minutes. 06 H. When Design Development Documents have been prepared by the Design Professional and Designers, and approved by the Owner, the Construction Manager shall prepare a detailed construction report with supporting data for review by the Design Professional and approval by the Owner. The Construction Manager shall coordinate the efforts of the Owner and Design Professional to assure the Owner's budget and schedule are met at the end of this phase. The Construction Manager's contingency included in the estimate of overall construction costs provided at the end of is this phase shall not exceed 6%. During the preparation of the Construction Documents, the Construction Manager shall update and refine the construction report at appropriate intervals agreed E to by the Owner,Design Professional, and Construction Manager. e I. If any estimate of overall construction costs or schedule within any construction report submitted to the Owner exceeds a previously approved budget or schedule,the Construction Manager shall make appropriate recommendations to the Owner and Design Professional. ORGR4 DOCUMENT 6 BILTMORE CONSTRUCTION CO., INC. Packet Pg. 3430 . U.7.b J. SUBCONTRACTORS AND SUPPLIERS. The Construction Manager shall seek to develop subcontractor interest in the Project and shall furnish to the Owner, Design Professional and Designers for their information a list of possible subcontractors, including suppliers who are to furnish materials or equipment fabricated to a special design,from whom proposals will be requested for each principal portion of the Work: The Design Professional and Designers will promptly reply in writing to the Construction Manager if the Design Professional,Designers or Owner know of any objection to such subcontractor or supplier. The receipt of such list shall not require the Owner, Design Professional or Designers to investigate the qualifications of proposed subcontractors or suppliers, nor shall it waive the right of the Owner, Design Professional or Designers later to object to or reject any proposed subcontractor or supplier. K. LONG-LEAD TIME ITEMS. The Construction Manager shall recommend to the Owner and Design Professional a schedule for procurement of long-lead time which will constitute part of the Work as required to meet the Project schedule. If such long lead-time items are procured by the Owner, they shall be procured on terms and conditions acceptable to the Construction Manager.Upon the Owner's acceptance of the Construction Manager's GMP proposal, all contracts for such items shall be assigned by the Owner to the Construction Manager, who shall accept responsibility for such items as if procured by the Construction Manager. The Construction Manager shall expedite the delivery of long-lead-time items. 0 L. EXTENT OF RESPONSIBILITY. The Construction Manager shall assume the responsibility to guide the Owner, Design Professional and Designers through design of each phase with assessments and recommendations in the construction reports to assure the Owner's budget and schedule are maintained at the end of each phase. The recommendations and advice of the Construction Manager concerning design alternatives shall be subject to the review and approval of the Owner, Design Professional and Designers. If the Construction Manager recognizes that portions of the Drawings and Specifications are at variance with the applicable laws,statutes,ordinances,building codes,rules, i and regulations,the Construction Manager shall promptly notify the Design Professional,Designers, and Owner in writing. M. GUARANTEED MAXIMUM PRICE PROPOSAL AND CONTRACT TIME. a. When the Drawings and Specifications are sufficiently complete for a project phase, the 06 Construction Manager shall negotiate a GMP, which shall be the sum of the estimated Cost of the Work, all applicable permits, bonds, insurance, and the Construction Manager's Fee. 0 b. The cost of the Work shall be based upon competitive bids obtained from subcontractors selected by the Construction Manager for each portion of the Work outlined in the Construction Documents and subject to the review and approval of the Design Professional, is Designers, and Owner. The Construction.Manager shall attempt to provide at least three bids for every trade. When three bids cannot be provided,the Construction Manager shall provide E justification satisfactory to the Owner's Representative. The complete bid process shall be fully transparent to the Design Professional and Owner, and each shall be invited to observe the process. The Construction Manager shall schedule pre-bid meetings with each subcontractor to review the scope of work in detail prior to submitting bids. Following the submittal of bids,the Construction Manager shall review the bid together with subcontractor to ascertain the entire scope of work is included in their bids. The Construction Manager shall ORIGINM DOCUMENT BILT ORE CONSTRUCTION CO., INC. Packet Pg. 3431 select each subcontractor determined by the Construction Manager to be qualified to provide the services at the best value. c. The Cost of the Work shall be the cost for a"turnkey"project delivery and shall include the Construction Manager's contingency, not to exceed 3% on new construction, 5% for renovations. N. BASIS OF GUARANTEED MAXIMUM PRICE. a. The Construction Manager shall include with the GMP proposal a written statement of its basis, which shall include: i. A list of the Drawings and Specifications, including all addenda thereto and the Conditions of the Contract, which were used in preparation of the GMP proposal. ii. A list of allowances and a statement of their basis. iii. A list of the exclusions made by the Construction Manager in the preparation of the GMP proposal. �s iv. The posed GMP, including a complete Schedule of Values outlining the selected U) competitive bid for each trade category, along with allowances, contingency, and other items and the Fee that comprise the GMP. v. The Dates of Substantial and Final Completion upon which.the proposed GMP is 0 based. O. The Construction GMP proposal and the written statement of its basis. In the event that the Owner W or Design Professional discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager,who shall make appropriate adjustments to the GMP proposal, its basis, or both. E P. Promptly upon receipt of the complete package constituting the GMP from the Construction i Manager, Monroe County shall process the package for approval by the Board of County Commissioners.The Construction Manager shall assure that its selected bidders maintain and uphold their prices until the Board has an opportunity to approve the GMP. The GMP approval shall not E exceed sixty(60) days. Q. Prior to the Owner's acceptance of the Construction Manager's GMP proposal and issuance of a Notice to Proceed,the Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work, unless approved by the Owner in writing. 0 R. Upon acceptance by the Owner of the GMP proposal, the GMP and its basis shall be set forth in a GMP Amendment in a form approved by the County. The GMP shall be subject to additions and deductions only by a change in the Work as provided in the Contract Documents, and the Dates of is Substantial and Final Completion shall be subject to adjustment only as provided in the Contract Documents. E c� S. CONSTRUCTION PHASE—ADMINISTRATION OF CONTRACT SERVICES. After the Construction Documents have been sufficiently completed by the Design Professional and Designers, and approved by the Owner, for all of the Work (or such portions thereof as may be designated by Owner in writing), and the Owner and the Construction Manager have agreed in writing upon the GMP to be paid to the Construction Manager and the Contract Time for the Work (or designated O aGIW DOCUMENT 8 1ILTMORE COINSTRUCTION CO., IM Packet Pg. 3432 U.7.b portions thereof) as hereafter provided, the Construction Manager shall furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely and fully perform and complete in a good and workmanlike manner the construction of the Work (or designated portions thereof) in accordance with all of the terms and conditions of the Contract Documents. Notwithstanding anything herein to the contrary, as and to the extent expressly directed and authorized by the Owner in writing, the Construction Manager shall commence to construct those portions of the Work designated by the Owner even though the GMP and/or Contract Time for the entire Work has not yet been agreed to by the parties, so long as they have agreed in writing upon the compensation to be paid to the Construction Manager and the performance time for such portion of the Work. 0 Section 3. Relationship of Parties. �s A. The Construction Manager is the Owner's independent contractor and additionally accepts the relationship of trust and confidence established with the Owner by this agreement, and covenants �s with the Owner to furnish the Construction Manager's reasonable skill and judgment and to cooperate U) with the Design Professional in furthering the interests of the Owner. The Construction Manager shall furnish construction and management services and use the Construction Manager's best efforts to.perform the Project in an.expeditious and economical manner consistent with the interests of the 0 Owner. The Construction Manager shall cooperate and coordinate with the Owner, Design Professional, Designers and other persons or entities employed by the Owner for the Project. B. Construction Manager accepts the relationship of trust and confidence established by this Agreement. Construction Manager covenants with Owner to cooperate with Design Professional; to utilize Construction Manager's best skill,efforts and judgment in furthering the interest of Owner;to furnish efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in the best way and the most expeditious and i economical manner, consistent with the interests of Owner. Construction Manager acknowledges that (i) it has represented to Owner that it has specific expertise in the planning, management and construction of these facilities and (ii)that such representation is a material inducement to Owner to E enter into this Contract. C. Wherever the terms of this Contract refer to some action, consent, or approval to be provided by 06 Owner or some notice, report or document is to be provided to Owner, such reference to "Owner" shall mean Owner, Owner's staff, or Owner's designee (to the extent such designee has beencu expressly authorized by Owner in writing), unless otherwise stated herein. �s D. Owner may utilize the services of a Program Manager to assist it with the management of the design and construction of the Project. In the event Owner does utilize the services of a Program Manager U with respect to this Project, Owner shall notify.Construction Manager in writing of such decision and the Program Manager shall be deemed to be an Owner designee as referenced in Paragraph B above. E Further,to the extent Construction Manager is required to name Owner as an additional insured under any insurance policy to be maintained by Construction Manager pursuant to the terms of the Contract Documents, Construction Manager shall cause the Program Manager to also be named as an additional insured party under all such policies. If so designated for this Project, Program Manager shall be Owner's representative with respect to the Project, with authority to transmit instructions, receive information, and interpret and define Owner's policies and decisions with respect to the ENT 9 BUMORE CONSTRUCTION CO., INC. Packet Pg. 3433 Work. However, except as may be otherwise expressly authorized in writing by Owner,the Program Manager is not authorized on behalf of Owner to issue any verbal or written orders or instructions to Construction Manager that would have the effect, or be interpreted to have the effect, of amending or modifying the terms or conditions of the Contract Documents or modifying or amending in any way whatever the: (1) scope or quality of Work to be performed and provided by Construction Manager as set forth in the Contract Document; (2)the time within which Construction Manager is obligated to complete the Work; or(3)the amount of compensation Owner is obligated or committed to pay Construction Manager as set forth in the Contract Documents. Section 4. Contract Amount. A. In consideration of the full and faithful performance by Construction Manager of the covenants in this Contract, Owner agrees to pay, or cause to be paid, to Construction Manager the following amounts (herein"Contract Amount"), in accordance with the terms of this Contract: �s a. Pre-Construction Phase Services. For all Pre-Construction Phase Services, including,but not limited to, providing value engineering services, reviewing Construction Documents for constructability, assisting and meeting with Design Professional and Designers during the 1� various design phases, and preparing cost estimates, Construction Manager shall receive the 0 Lump Sum amount of One Hundred Fifty Thousand Dollars ($150,000.00) as the total lump sum compensation for its services. Construction Manager shall provide a Pre-Construction proposal for a breakdown of expenses. Installment payments of the total lump sum compensation shall be based upon the Design Deliverables provided by the Design Team,the Construction Manager's responsive Reports, and Owner's receipt of Construction Manager's 2� written invoice for such payment, said invoice to be in a form reasonably acceptable to Owner. The final invoice shall not be submitted until either (i) the GMP Amendment is executed for the entire Work, or (ii) the parties fail to reach agreement on the GMP i Amendment and Owner elects to terminate this Contract,whichever occurs first. U) b. Construction Phase. With respect to the Construction Phase Services to be provided by Construction Manager hereunder, Owner shall reimburse Construction Manager for the Cost of the Work(as that.term is defined hereafter), and pay Construction Manager a Construction Management Fee for the entire Work in the fixed amount of Dollars.(TBD). The Construction 06 Management Fee shall be Construction Manager's total compensation for all overhead not reimbursable as Cost of the Work under Section 5.A. below, as well as Construction Manager's total profit for Construction Phase Services. Construction Manager agrees to provide Owner with a GMP proposal for the total sum of the Construction Management Fee plus the Cost of the Work within 45 working days after the Construction Documents in Owner's opinion are sufficiently completed by Design Professional and approved in writing by Owner. The GMP proposal shall be based upon the previous cost estimates provided by Construction Manager as required hereunder. Further,the proposal shall be broken down into the categories and level of detail required by Owner. Construction Manager agrees that all of its books, records and files, with respect to its development of the GMP proposal, shall be open to Owner for review and copying. The final GMP shall be mutually agreed upon by Owner and Construction Manager and shall be set forth in the GMP Amendment. Construction Manager shall provide a detailed breakdown acceptable to Owner of its GMP proposal. For each line item in the GMP, Construction Manager shall record on the Schedule MGM DOCUMENT 10 BUMORLE CONSTRUCTION CO., IM Packet Pg. 3434 of Values all variances and deviations between the bid amount originally submitted for that line item and the final line item price incorporated into the GMP. At the time of the submission of the Final Pay Application,the Construction Manager will provide to the Owner or its representative a reconciliation of the final job cost detail for the project to the final Schedule of Values by line item. Construction Manager guarantees that in no event shall the Construction Management Fee and the total Cost of the Work exceed the GMP, as the GMP may be adjusted pursuant to the terms herein for Change Orders and Construction Change Directives. In the event Construction Manager and Owner fail to reach an agreement on the GMP, Owner may elect to terminate this Contract. In the event of any such termination, Construction Manager shall be entitled to receive that portion of the Contract Amount attributable to the Pre-Construction Phase Services earned through the date of termination plus that portion of any earned compensation associated with any Construction Phase Services provided, to the extent such services were expressly approved in advance and in writing by Owner;but Construction Manager shall not be entitled to any further or additional compensation from Owner, including but not limited to damages or lost profits on portions of the Work not performed. 0 Section 5. Cost of the Work. 0 U A. Costs to be Reimbursed. The term Cost of the Work shall mean all costs necessarily and reasonably incurred by Construction Manager in the proper performance of the Construction Phase Services portion of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with the prior written consent of Owner only after Construction Manager has provided sufficient support in writing that exceptional circumstances exist, which justify the payment of rates higher than the standard. The Cost of the Work shall include only those items set forth below in this subsection: a. Labor Costs. Wages of construction workers directly employed by Construction Manager to perform the construction of the Work at the Project site or, with Owner's written agreement, at off-site workshops. b. Costs to be reimbursed will be the actual wages paid to the individuals performing the work. c. Wages or salaries of Construction Manager's supervisory and administrative personnel E whether stationed at the Project site or offsite, but only for that portion of their time required 06 for the Work and only with Owner's written agreement. d. Wages and salaries of Construction Manager's supervisory and. administrative personnel engaged at factories, workshops or on the road in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work and only with Owner's written agreement. e. Actual rates for wages or salaries shall be determined and agreed to at the time the GMP is �s established. Items that will not be reimbursed through the labor burden include training, bonuses and administration costs. f. Subcontract Costs.Payments made by Construction Manager to subcontractors in accordance with the requirements of the applicable written subcontracts. g. Cost of Materials and Equipment Incorporated into the Completed Construction. h. Costs, including transportation, IT equipment/hardware, project specific software, . of materials and equipment incorporated or to be incorporated in the completed construction. i. Costs of materials described above in excess of those actually installed but required to provide a t UMENT BUIL MORE CONSTRUCTION CO., lNICa Packet Pg. 3435 reasonable allowance for waste and for spoilage. j. Unused excess materials,if any,shall be handed over to Owner at the completion of the Work or, at Owner's option, shall be sold by Construction Manager; amounts realized, if any, from such sales, shall be credited to Owner as a deduction from the Costs of the Work. k. Costs of other materials and equipment,temporary facilities and related items. 1. Costs, including transportation, installation, maintenance, dismantling and removal, of Materials, supplies, temporary facilities (including project field offices, furniture and fixtures), temporary utilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by Construction Manager at the Project site and fully consumed in the performance of the Work; and costs less salvage value on such items if not fully consumed, whether sold to others or retained by Construction Manager. in. Rental charges, at standard industry rates for the area, for temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by Construction Manager at the Project site, whether rented from Construction Manager or others, and costs of transportation, installation, minor repairs and replacements, �s dismantling and removal thereof. Rates and quantities of all equipment rented, whether from U) Construction Manager or others, shall be subject to Owner's prior written approval. n. Cost of removal and proper disposal of debris from the Project site. o. Reproduction costs, long distance telephone calls, postage and parcel delivery charges and 0 telephone service at the Project site and reasonable petty cash expenses of the Project site office. p. That portion of the reasonable travel and subsistence expenses of Construction Manager's W personnel assigned to the Project site, incurred while traveling outside of the Monroe County area in discharge of duties connected with the Work, provided all of such expenses and charges shall be subject to the prior written approval of Owner. Any expenses not approved by the Owner prior to the travel will not be compensated. q. That portion of any separate premiums for(i) bonds directly attributable to this Contract and i (ii) any additional insurance coverages which are purchased by Construction Manager, with Owner's prior written approval, beyond the level of coverage specified herein. Any self- insured coverages must be disclosed and all methods of determining costs to the Owner shall E also be disclosed. r. Sales,use or similar taxes imposed by a governmental authority which are related to the Work E and for which Construction Manager is liable. 06 s. Fees and assessments for the building permit and for other permits, licenses and inspections for which Construction Manager is required by the Contract Documents to pay. t. Fees of testing laboratories for tests required by the Contract Documents,except those related to defective or nonconforming Work for which reimbursement is excluded pursuant to the terms of this Contract. u. Royalties and license fees paid for the use of a particular design,process or product required U by the Contract Documents. v. Deposits lost for causes other than Construction Manager's fault or negligence. E w. Legal,mediation and arbitration costs, other than those arising from disputes between Owner and Construction Manager, reasonably incurred by Construction Manager in performance of the Work and with Owner's prior written consent, said consent to be given or denied in Owner's sole discretion. x. Repair to damaged or non-conforming work that was not caused by the negligence of Biltmore Construction Co., Inc. or its Subcontractors shall be considered cost of work and 0MGDAL , RAENT 12 BILTI ORE ICION TRUC ION CO., INC Packet Pg. 3436 shall be reimbursed in accordance with Exhibit A, Section 12. y. Other Costs. Other costs incurred in the proper performance of the Work in accordance with the Construction Documents if and to the extent approved in advance in writing by Owner. B. Costs Not To Be Reimbursed. The Cost of the Work shall not include the following items: a. Salaries and other compensation of Construction Manager's personnel stationed at Construction'Manager's principal office or offices other than the Project site office, except as otherwise provided in subsection A above. b. Expenses of Construction Manager's principal office and offices other than the Project site office, except as approved in writing by the Owner. c. Overhead and general expenses, except as may be expressly included in subsection A above. d. Construction Manager's capital expenses, including interest on Construction Manager's capital employed for the Work. e. Rental costs of machinery and equipment, except as specifically provided in subsection A above. �s f. Costs due to the fault or negligence of Construction Manager, subcontractors, anyone directly or indirectly employed by any of them,or for whose acts any of them may be liable,including, e but not limited to, costs for the correction of damaged, defective, or nonconforming Work, disposal and replacement of materials and equipment incorrectly ordered or supplied, and 0 making good damage to property not forming part of the Work. g. Any costs not specifically and expressly described in subsection A above. h. Costs which would cause the GMP to be exceeded(as the GMP may be adjusted pursuant to W the terms herein for Change Order and Construction Change Directive). i. Any costs associated with the rental expense of IT equipment that would exceed the normal purchase costs of such item will not be reimbursable. IT non-reimbursable items will include o but not limited to: general/accounting software, email, licenses, operating systems, IT support, etc. j. Any Warranty costs that exceed the specified warranty listed in the contract documents will not be reimbursed. Costs of equipment necessary to establish server connections to home office and provide wireless capabilities for all team members use on-site are not considered E in this item,but shall be considered cost of work to be reimbursed. k. Discounts,Rebates and Refunds. Cash discounts obtained on payments made by Construction Manager shall accrue to Owner if (i) before making the payment, Construction Manager 06 included them in an application for payment and received payment therefore from Owner, or (ii) Owner has deposited funds with Construction Manager with which to make payments; otherwise, cash discounts shall accrue to Construction Manager. 0 1. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to Owner, and Construction Manager shall make provisions so that they can be secured. m. Amounts which accrued to Owner in accordance with the provisions of subsection above shall be credited to Owner as a deduction from the Cost of the Work. e MI NAL DOCUMENT 13 BILUMORE CO'N'SiTRUCTE N C- ., INC. Packet Pg. 3437 Section 6. Bonds. A. Within ten (10) business days of acceptance of the GMP Proposal by Owner and Construction Manager (unless a later submittal is expressly approved in writing by Owner),Construction Manager shall provide Owner with Performance and Payment Bonds in the amount of 100% of the total sum of the Owner's Construction Budget for the Work,the costs of which are to be paid by Construction Manager. The Performance and Payment Bonds must comply with the following provisions and must be otherwise acceptable to Owner: a. The Bonds must be underwritten by a surety company which has a currently valid Certificate of Authority issued by the State of Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida. �s b. The surety company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States �s Code. U) 0 c. The surety company shall be in full compliance with the provisions of the Florida Insurance Code. 0 d. The surety company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the bond is issued. W e. The Bonds must be fully performable in Florida, with service and venue in Monroe County, Florida. B. The Construction Manager may opt to require performance or payment bonds from any subcontractor. The cost of such bonds shall only be included in the Cost of the Work on those subcontracts whose value is in excess of$100,000.00. Any other subcontractor bonds shall not be considered a Cost of the Work and,hence shall not be reimbursable by the Owner to the Construction E Manager. Although Biltmore Construction Co., Inc.'s typical threshold for bonding is $100,000.00, Biltmore Construction Co., Inc. may also elect to bond work regardless of the contract value, for envelope trades, hazardous material removal and MEP trades. Any subcontract below the $100,000.00 threshold that Biltmore Construction Co., Inc. has elected to bond shall be identified and presented to the Owner with an appropriate explanation. The surety company shall not expose itself to any loss on any one risk in an amount exceeding ten (10) percent of its surplus to 0 policyholders, provided: (1) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida,Department of Insurance to do business in this state have been met. (2)In the case of a surety insurance company, in addition to the deduction for reinsurance,the amount assumed by any co-surety,the value of any surety deposited, pledged or held subject to the consent of the surety and for the protection of the 0 surety shall be deducted. C. If the surety for any bond furnished by Construction Manager is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, Construction Manager shall, within five (5) 14 BUMORE CONURUCTION CO., INC. Packet Pg. 3438 U.7.b calendar days thereafter, substitute another bond and surety, both of which shall be subject to the minimum requirements noted above and Owner's approval. D. In accordance with the requirements of Section 255.05(1)(a),Florida Statutes, Construction Manager shall record within five (5) days in the Public Records of Monroe County, Florida, a copy of the Performance and Payment Bonds. Construction Manager shall deliver within ten(10)days to Owner evidence, reasonably acceptable to Owner, of the recording of said Bonds. The delivery of such 0 evidence is a condition precedent to Owner's obligation to make any progress payments to Construction Manager hereunder. E. Upon establishment of the GMP, the dollar amount of coverage provided by the bond shall be adjusted to an amount not less than the GMP, and shall be adjusted thereafter as the GMP is adjusted 0 by change orders other than those associated with Owner Direct Purchase. In the event of a decrease in required bond coverage, the Owner shall be entitled to a credit of the applicable bond premium. �s Section 7. Contract Time and Liquidated Damages. 0 A. Time is of the essence in the performance of the Work under this Contract.Manager shall commence the Pre-Construction Phase Services portion of the Work within five(5)calendar days after execution of this agreement, unless a later date for commencement of Pre-Construction Phase Services is established in writing by the Owner. Any Work performed by Construction Manager prior to execution of this agreement shall be at the sole risk of Construction Manager. The "Construction W Phase Commencement Date" shall be established in the GMP Amendments. Construction Manager Wi shall commence the Construction Phase Services portion of the Work within five (5) calendar days after the Construction Phase Commencement Date. No portion of the Work, with respect to the Construction Phase Services to be provided hereunder, shall be performed prior to the Construction Phase Commencement Date, unless expressly approved in advance by Owner in writing. No work will be reimbursed prior to the Notice-to-Proceed being issued. The total period of time beginning with the Construction Phase Commencement Date and ending on the date of Substantial Completion of the Work is referred to hereafter as the"Contract Time". The Contract Time is set forth with more specificity in Paragraph B below. B. Because the Work is to be completed in phases,the timely completion of each phase is critical to the 06 timely completion of the entire Project. Accordingly, Construction Manager agrees to provide the Pre-Construction Phase Services in accordance with the Master Project Schedule included at Exhibit D. With respect to the Construction Phase Services,the GMP Amendment shall include the date that 0 portion of the Work associated with the Construction Phase Services must be substantially completed by Construction Manager. That Substantial Completion date shall be established in terms of calendar days after the Construction Phase Commencement Date. In the event Construction Manager and Owner fail to reach an agreement on the Contract Time and the Substantial Completion date, Owner may elect to terminate this Contract. In the event of any such termination, Construction Manager shall be entitled to receive that portion of the Contract Amount attributable to the Pre-Construction Phase Services earned to the date of termination plus that portion of any earned compensation associated with any Construction Phase Services provided,to the extent such services were expressly approved in advance and in writing by Owner;but Construction Manager shall not be entitled to any further or additional compensation from Owner, including but not limited to damages or lost profits on portions of the Work not performed. Substantial Completion of the Work shall be achieved when 15 MGM,, DOCUMEENT UM= IC-ONSTRUCTION CO., INQ Packet Pg. 3439 the Work has been completed to the point where Owner can occupy or utilize the Work for its intended purpose, and the Design Professional shall certify the date Substantial Completion of the Work is achieved. If Owner has designated portions of the Work to be turned over to Owner prior to Substantial Completion.of the entire Work, Design Professional shall certify the date as to when Substantial Completion of such designated portions of the Work have been achieved. The entire Work shall be fully completed and ready for final acceptance by Owner within 45 calendar days after the Substantial Completion date, or within thirty (45) calendar days after Construction Manager's receipt of the punch list,whichever date occurs last. Owner and Construction Manager recognize that, since time is of the essence for this Contract, Owner will suffer financial loss if the Work associated with the Construction Phase is not substantially completed or finally accepted within the times specified in the GMP Amendment, as said time may be adjusted as provided for herein. In such event,the total.amount of Owner's damages, will be difficult, if not impossible,to definitely ascertain and quantify, because this is a public construction project that will, when completed,benefit the public in Monroe County, �s Florida. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages U) from Construction Manager, if Construction Manager fails to achieve Substantial Completion of the Work or portions thereof designated for earlier completion within the required time periods. Should Construction Manager fail to substantially complete the Work or portions thereof �s designated for earlier completion within the required time periods, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, $1,500.00 dollars per site for each calendar day thereafter until Substantial Completion of the work or designated portion is achieved. Should W Construction Manager fail to satisfy all requirements for final acceptance of the Work as described in Paragraph 22.2 of Exhibit A herein within the required time period, Owner shall be entitled to assess, as liquidated damages,but not as a penalty, five hundred dollars $500 for each calendar day thereafter until the final acceptance requirements are met. Construction Manager hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted i liquidated damages as a penalty,which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of contracting if Construction Manager fails to substantially complete the Work in a timely manner. If portions of the Work are deemed substantially complete E by the Architect/Engineer, but no Change Order can be issued,the Architect/Engineer's determination takes precedence. 06 C. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the laws of Florida, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. The term "business day" as used herein shall mean all days of the week excluding Saturdays, Sundays and all legal holidays observed by Owner. is Section 8. Exhibits Incorporated. E The documents in Exhibits A through D are expressly agreed to be incorporated by reference and made a part of this Agreement. ORIGMI DOCUMENT 16 BIGM10RE CONSTRUCTION CO., INC. Packet Pg. 3440 Section 9. Notice. All notices required or made pursuant to this Contract by Construction Manager to Owner shall be in writing and may be given either (i) by mailing same by United States mail with proper postage affixed thereto, certified, return receipt requested, or (ii) by sending same by Federal Express, or other expedited mail or package delivery, or (iii) by hand delivery to the appropriate address as herein provided. Notices required hereunder shall be directed to the following address: Director of Project Management Assistant County Administrator, PW&E 1100 Simonton St.,Room 2-216 1100 Simonton St. Key West,Florida 33040 Key West, Florida 33040 0 All notices required or made pursuant to this Contract by Owner to Construction Manager shall be made in writing and may be given either (i) by mailing same by United States mail with proper postage affixed thereto, certified, return receipt requested, or (ii) by sending same by Federal Express, or other expedited U mail or package delivery, or (iii) by hand delivery to the appropriate address as herein provided. Notices required hereunder shall be directed to the following address: o Biltmore Construction Co., Inc. o �s 1055 Ponce de Leon Boulevard Belleair,FL 33756 Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. 0 Section 10.Modification. i No modification or amendment to the Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 11. Successors and Assigns. Subject to other provisions hereof, the Contract shall be binding upon and shall inure to the benefit of the 06 successors and assigns of the parties to the Contract. . Section 12. Governing Law and Venue. �s The Contract shall be interpreted under and its performance governed by the laws of the State of Florida. The Parties expressly covenant and agree that jurisdiction and venue for any claim or dispute arising out of U or relating in any way to this agreement shall lie in the appropriate court for the 16th Judicial Circuit, in and for Monroe County, Florida. E e Section 13. No Waiver. The failure of Owner to enforce at any time or for any period of time any one or more of the provisions of the Contract shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. WGRU DOCUMENT 17 BIUMORE CONSTRUCTION CO., IN Co Packet Pg. 3441 U.7.b Section 14.Entire Agreement. Each of the parties hereto agrees and represents that the Contract comprises the full and entire agreement between the parties affecting the Work contemplated,and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Contract. This agreement shall also supersede and nullify all terms and conditions of purchase orders issued in conjunction with this agreement to facilitate Owner processing of payments. The Owner and Construction Manager agree that secondary contracts may be entered between as relates to ancillary projects and the Work and Project. �s Section 15. Severability. �s Should any provision of the Contract be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 0 �s i 0 E i U) 06 �s �s 0MGMR DOCUNIEN T 18 Packet Pg. 3442 ' ontractor must-be by a persod with authority to bind the'entity. THE:PERSON EXECUTING-THE DOCUMENT MUST BE NOTARIZED: BOARD OF COUNTY OMMISSIONERS a, A vin Madok, Clerk OF MONROE COUNTY,FLORIDA i By: " '� By: Deputy Clerk Ma or/Chai. Date 2A►7 (SEAL) 0 CONSTRUCTION MANAGER: Biltmore ' n Co.,Inc. Construction Manager must provid two witnesses signatur Signature: 0 Signature: Print Name: T avis Parker Print Name: n V-Pk Title:Vice President Title: ��c_e �Pa c�,A Date: — Date: �-- ;� CD1 r i .a_ 0 rn ov —q- and n;3"- C o c- Signature: CTi CD Print Name: r Title: o%e l �Cc(* ( I �7 MONROE COUNTY ATTORNEY'S OFFICE Date: ```�1.� �F- A PRbVED QS TO O 06 PATRICIA EAGLES ASSISTANT COUNTY ATTORNEY DATE: f.3 f.3 ca 19 Packet Pg. 3443 EXHIBIT A GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1. It is the intent of the Contract Documents to describe a functionally complete project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for in the Contract Documents. If the Contract Documents include words or terms that have a generally accepted technical or industry meaning,then such words or terms shall be interpreted to have such standard meaning unless otherwise expressly noted in the Contract Documents. Reference to standard specifications,manuals or codes of any technical society,organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification,manual, code, law or regulation in affect at the time the Work is performed, except as may be otherwise specifically stated herein. Provided, however, in the event the standard specification, manual, code, law or regulation is changed after the GMP Amendment has been executed by the parties, 0 Construction Manager shall be entitled to a Change Order equitably adjusting the Contract Amount and/or Contract Time to the extent such change materially impacts the Contract Time and/or Contract Amount. 1.2. If during the performance of the Work Construction Manager discovers a conflict, error or discrepancy in the Contract Documents, Construction Manager immediately shall report same to Design Professional in writing,and before proceeding with the Work affected thereby,shall obtain a written interpretation or clarification from Design Professional. Prior to commencing each i portion of the Work, Construction Manager shall first take all necessary field measurements and verify the applicable field conditions. After taking such measurements and verifying such conditions,Construction Manager shall carefully compare such measurements and conditions with E the requirements of the Contract Documents, taking into consideration all other relevant information known to Construction Manager, for the purpose of identifying and bringing to E Owner's attention all conflicts or discrepancies with the Contract Documents. Construction 06 Manager is not responsible for verifying design dimensions. 1.3. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts or extent of any part of the Work. In the event of a discrepancy between or among U the drawings, specifications or other Contract Document provisions, Construction Manager shall be required to comply with the provision which is the more restrictive or stringent requirement E upon Construction Manager, as determined by Owner. Unless otherwise specifically mentioned, e all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete,serviceable,finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. ORIGINAL DOCUMENT 20 BUMORE CONSTRUCTION CO., INC. Packet Pg. 3444 2. INVESTIGATION AND UTILITIES. 2.1. Construction Manager shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, legal disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the Project area as a whole;topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Construction Manager to acquaint itself with any applicable conditions shall not relieve Construction Manager from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2. Construction Manager shall locate all existing roadways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Section 2 as the"Utilities". Construction Manager shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Construction Manager shall schedule and coordinate its 0 Work around any such relocation or temporary service interruption. Construction Manager shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. 2.3. If during the performance of the Work, Construction Manager or any subcontractor, sub- subcontractor, agent, employee or anyone else for whom Construction Manager is legally liable, causes a disruption to any Utilities service to other facilities or customers within the Project area, Construction Manager shall take all actions necessary and required to immediately restore such i Utilities service. If Construction Manager fails to take such immediate actions Owner shall have the right to take whatever actions it deems necessary and required to immediately restore the disrupted services,and all costs incurred by Owner as a result thereof shall be reimbursed to Owner 0 by Construction Manager within thirty(30)business days of written demand for same from Owner. 3. SCHEDULE. 06 3.1. Construction Manager shall provide an overall milestone schedule for the Project. The Master Project Schedule may be updated from time to time as required by the Owner. 0 3.2. Construction Manager shall prepare and provide the various schedules set forth in Exhibit B to the Agreement. Said schedules shall incorporate the milestones in the Master Project Schedule, and shall be updated by Construction Manager monthly, or as often as is specified in Exhibit B to the �s Agreement. Construction Manager's submittal of satisfactory schedules and updates thereto and Owner's acceptance of same shall be a condition precedent to Owner's obligation to pay E Construction Manager. 4. PROGRESS PAYMENTS. 4.1. Construction Manager's monthly Applications for Payment shall be in such form and contain such detail and backup as Owner reasonably may require. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Pre-Construction Phase Commencement Date. 00 5GINIAL DOCUMENT 21 BIL.TMORE CONSTRUCTION CO., INC. . Packet Pg. 3445 4.2. At the time it submits its first monthly Application for Payment to Owner following GMP approval, Construction Manager also shall submit to Owner and Design Professional, for their review, a Schedule of Values based upon the GMP proposal; in a format approved by the Owner, listing the major elements of the Work and the dollar value for each element. That Schedule of Values, as further revised to reflect the final negotiated GMP amount and as approved by Owner, shall be used as the basis for Construction Manager's monthly Applications for Payment thereafter. This revised Schedule of Values shall be updated for the current month Change Orders and Construction Change Directives and submitted each month to Design Professional along with a completed and notarized copy of the Application for Payment form. 12 0 4.3. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site,the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that Owner has received the materials and equipment free and clear of all liens,charges,security interests and encumbrances,all of which shall be subject to Owner's satisfaction. Owner has the discretion whether or not to pay for such unincorporated materials. 4.4. Construction Manager shall submit three(3) notarized original copies of its monthly Application 0 for Payment to Design Professional each month for Work performed during the previous month, not less than five(5) business days prior to the deadline for submission identified in the Owner's published payment processing schedule.The form of Application for Payment shall be a notarized U AIA Document G702, Application and Certification for Payment, supported by AIA Document G703, Continuation Sheet. Invoices received after each month's deadline shall be considered for 2� payment as part of the next month's application.Within five(5)business days after receipt of each Application for Payment, Design Professional shall submit to Owner a Certificate for Payment in the amount recommended by Design Professional as being due and owing Construction Manager. i Owner shall pay Construction Manager that portion of Design Professional's Certificate for Payment.which Owner approves as being due and owing Construction Manager in accordance with the Owner's published payment processing schedule. 4.5. Owner shall retain ten percent(10%) of that portion of the gross amount(less reimbursable items) of each monthly payment request certified by Design Professional and approved by Owner for 06 payment, until fifty percent completion of the Work. Upon fifty percent completion of the Work, the amount of retainage thereafter withheld by Owner from subsequent payments may be reduced to 5% of that portion of the gross amount (less reimbursable items) of each monthly payment request certified by Design Professional and approved by Owner for payment unless Construction Manager has elected to withhold a higher amount from subcontractors as allowed by law,in which case the higher amount shall be retained by Owner.Upon achieving fifty percent(50%)completion of the Work, and when requested by the Construction Manager,the Owner may release half of the amount previously retained. Owner reserves the right, at its sole discretion, to further reduce the amounts retained on any subsequent monthly payment request prior to final payment. Provided, however,nothing in this Section 4.5 shall preclude or limit the Owner's right to withhold payment as otherwise permitted by the terms of the Contract Documents or as permitted by law. Retainage shall not be held against Construction Manager's personnel, General Conditions,Bond, Insurance or Fees. ORIGINAL DOCUMENT zz BI1 TNIORE CONSTRUCTION CO., INC. . Packet Pg. 3446 4.6. When requested by the Construction Manager, the Owner may authorize final payment to subcontractors who have satisfactorily completed their respective portion of the Work, provided that such Work has been accepted by the Construction Manager and the Design Professional as complete, and provided that the necessary releases, lien wavers and surety consents have been provided. Such payments shall not diminish or qualify the contractor's obligation to complete the Work within the Contract Time. 4.7. Construction Manager shall pay its Subcontractors for all work satisfactorily completed on this Project,regardless of any other debts,claims or back-charges that may be owed by Subcontractors to Construction Manager on other projects. Provided the Subcontractor has satisfactorily performed its work on this Project, Construction Manager shall not be entitled to use funds otherwise due the Subcontractor from this Project as a set off against claims,debts or back-charges that may be owed by Subcontractor to Construction Manager on other construction projects. 4.8. Monthly payments to Construction Manager shall in no way imply approval or acceptance of Construction Manager's work. 0 4.9. Each Application for Payment shall be accompanied by a Conditional Release and Affidavit, showing that all materials, labor, equipment and other bills associated with that portion of the 0 Work payment is being requested on have been paid in full through the previous month's Application for Payment. Owner shall not be required to make payment until and unless the affidavit is furnished by Construction Manager. Further, if Construction Manager is withholding any portion of a payment to any subcontractor for any labor,services,or materials for which Owner has paid Construction Manager, Construction Manager agrees to refund such money to Owner. 1 0 5. PAYMENTS WITHHELD. 5.1. Design Professional shall review each Application for Payment submitted by Construction i Manager and shall make recommendations to Owner as to the proper amounts,if any,which may be owed Construction Manager under the Application for Payment. Design Professional's payment recommendation shall be evidenced by a Certificate for Payment issued by Design 0 Professional to Owner. All Certificates for Payment are subject to Owner's review and approval. Both Design Professional and Owner shall have the right to refuse to certify or approve for payment any amounts, or portions thereof, requested by Construction Manager in an Application 06 for Payment, and Owner may withhold any payments otherwise'due Construction Manager under this Contract or any other agreement between Owner and Construction Manager,to the extent it is reasonably necessary,to protect Owner from any expense,cost or loss attributable to: (a)defective or deficient Work not properly remedied in accordance with the terms of the Contract Documents; (b) the filing or reasonable evidence indicating the probable filing of third party claims against Owner attributable to the fault or neglect of Construction Manager; (c) Construction Manager's failure to make timely and proper payments to all subcontractors and suppliers; (d) reasonable evidence that the remaining Work cannot be completed for the unpaid Contract Amount balance; (e) Construction Manager's failure to satisfactorily prosecute the Work in accordance with the c requirements of the Contract Documents; or (f) any other material breach of the requirements of the Contract Documents by Construction Manager. Owner shall have the right, but not the obligation, to take any corrective action Owner deems appropriate to cure any of the above noted items, at Construction Manager's expense, if such items are not cured or agreed to be cured by Construction Manager to Owner's reasonable satisfaction within five (5) days after Construction CDRIGIU K DOCUMEN 23 1I1.i MORE CONSTRUCTION CO., INC. Packet Pg. 3447 Manager's receipt of written notice from Owner. 6. FINAL PAYMENT. 6.1. Owner shall make final payment to Construction Manager within sixty (60) calendar days after the Work is finally accepted by Owner in accordance with Paragraph 22.2 herein, provided that Construction Manager first, and as an explicit condition precedent to the accrual of Construction Manager 's right to final payment, shall have furnished Owner with the following: 6.1.1. a properly executed and notarized final release (conditioned only upon receipt of final payment) in the form of the Release and Affidavit. 6.1.2. a duly executed copy of the surety's consent to final payment; �s 6.1.3. evidence of payment to all subcontractors and suppliers in a form and containing such detail as may be required by Owner; (conditioned only upon receipt of final payment) U) 6.1.4. an accounting in a form acceptable to Owner of the use of funds allocated for General Condition work items; and 0 6.1.5. such other documentation that may be required by the Contract Documents or Owner. 6.2. Construction Manager's acceptance of final payment shall constitute a full waiver of any and all claims by Construction Manager against Owner arising out of this Contract or otherwise relating to the Project, except those identified in writing by Construction Manager as unsettled in the 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 Construction Manager hereunder or to the recovery of damages for defective Work not discovered by Owner or Design i Professional at the time of final inspection, and/or payment. U) 7. SUBMITTALS AND SUBSTITUTIONS. 7.1. Construction Manager shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and E samples. Construction Manager shall submit all such materials at its own expense and in such form 06 and manner as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. Construction Manager shall also carefully review and certify for accuracy and completeness all shop drawings and other submittals and then forward the same to Design Professional for review and action. Design Professional will transmit them back to Construction Manager who will then issue the submittals to the affected subcontractor for fabrication or revision. Construction Manager shall maintain a suspense control U system to promote the expeditious handling of shop drawings and all other submittals. Construction Manager shall request Design Professional to make interpretations of the drawings E or specifications requested of it by the subcontractors. Construction Manager shall advise Design 0 Professional in writing which submittals or requests for clarification have the greatest urgency;the purpose being to enable Design Professional to prioritize requests coming from Construction Manager. Construction Manager shall advise Owner and Design Professional in writing when timely.response is not occurring on any of the above. MGM DOCUMENT 24 BILTP ORE CONSTRUCTION CO., INC. Packet Pg. 3448 U.7.b 7.2. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type,function and quality required.Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner and Design Professional if sufficient information is submitted by Construction Manager to allow Owner and Design Professional to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Construction Manager. All such requests, to the extent possible, should be submitted by Construction Manager to Design Professional prior to the setting of the GMP. 12 0 7.3. If Construction Manager wishes to furnish or use a substitute item of material or equipment, Construction Manager shall make application to Design Professional for acceptance thereof, certifying that the proposed substitute shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Construction Manager's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct 0 contract with Owner for the Project)to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be U identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by Design Professional in evaluating the proposed substitute. Design Professional may require Construction i Manager to furnish at Construction .Manager's expense additional data about the proposed substitute. 7.4. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by Contract Documents, Construction Manager may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to Design Professional, if 06 Construction Manager submits sufficient information to allow Design Professional to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by Design Professional shall be the same as those provided herein for substitute materials and equipment. 7.5. Design Professional shall be allowed a reasonable time within which to evaluate each proposed substitute. Design Professional and Owner shall be the sole judges of the acceptability of any substitute. No substitute shall be ordered. installed or utilized without Owner's and Design Professional's prior written acceptance which shall be evidenced by either a Change Order or an approved submittal. Owner may require Construction Manager to furnish at Construction Manager's expense a special performance guarantee or other surety with respect to any substitute. If Owner rejects the proposed substitute, at Owner's discretion, Owner may require Construction Manager to reimburse Owner for the charges of Design Professional and Design Professional's consultants for evaluating the proposed substitute. WOE t��i I GIja L DOON T 25 BI SMORE CONSsR'UCTION CO., INC. Packet Pg. 3449 8. PRE-CONSTRUCTION PRASE SERVICES. Construction Manager shall provide the following review and commentary services, in addition to any other Pre-Construction Phase Services required by the terms of this Contract: 8.1 Review, Recommendations and Warranty: Construction Manager shall familiarize itself thoroughly with the evolving architectural, civil, mechanical, plumbing, electrical and structural plans and specifications and shall follow the development of design through development of construction documents (as those phases are defined in the Design Agreement and as the timing of this agreement allows). Construction Manager shall make recommendations with respect to the selection of systems and materials, and cost-reducing alternatives including assistance to Design Professional and Owner in evaluating alternative comparisons versus long term cost effects. The evaluation shall address the benefits of the speed of erection and early completion of the Work. Construction Manager shall furnish pertinent information as to the availability of materials and labor that will be required. Construction Manager shall submit to Owner and Design Professional such comments as may be appropriate concerning construction feasibility and practicality. Construction Manager shall call to Owner's and Design Professional's attention any defects in the design,drawings and specifications or other documents of which it is aware.As questions arise or as more information is needed from the Designer or the Owner, the Construction Manager will track who is responsible 0 for each item and record the status of each item at every meeting. Construction Manager shall prepare estimates of the construction cost utilizing the unit quantity survey method in a format approved by the Owner. These estimates shall be performed following each design phase. 8.1.L The construction budget range and system assumptions are to provide cost guidance across all divisions. The Construction Manager will develop budget tracking categories, applicable to the scopes of work. Conduct a budget variance evaluation and produce a list of recommendations. The Construction Manager will track and identify scope changes, review i with team, and schedule critical decisions as it relates to the budget. U) 8.2. Review Reports: Within thirty business (30) days after receiving the documents produced by Design Professional, Construction Manager shall perform a specific review thereof, focused upon factors of a nature encompassed in and on factors set out in this section 8. Within the same thirty E (30)day period,Construction Manager shall submit to Owner,with copies to Design Professional, 06 a written report covering suggestions or recommendations previously submitted, additional suggestions or recommendations as Construction Manager may deem appropriate,and all actions taken by Design Professional with respect to same, any comments Construction Manager may deem to be appropriate with respect to separating the Work into separate subcontracts, alternative materials, and any other appropriate or required comments. Ongoing constructability reviews to include: Staging and Maintenance of Traffic, Cost Analysis and evaluation for means and methods U of systems being evaluated. Provide Monthly reports on the Pre-Construction progress, include specific meetings with any Agencies, Owner, Design Professional, Public meetings or any other related activities. AT THE TIME THE GMP IS MUTUALLY ESTABLISHED,EXCEPT ONLY AS TO SPECIFIC MATTERS AS MAY BE IDENTIFIED IN THE GMP AMENDMENT, THE CONSTRUCTION CONTRACTOR SHALL BE DEEMED TO HAVE WARRANTED TO OWNER, WITHOUT ASSUMING ANY ARCHITECTURAL OR ENGINEERING RESPONSIBILITY,THAT THE CONSTRUCTION DOCUMENTS ARE CONSISTENT WITH EACH OTHER, PRACTICAL, FEASIBLE AND CONSTRUCTABLE. FURTHER, THE OR0VAI DOCUMENT 26 IIP11MMRE CONSTRUCTION CO., INC. Packet Pg. 3450 CONSTRUCTION MANAGER SHALL BE DEEMED TO HAVE WARRANTED TO OWNER THAT THE WORK DESCRIBED IN THE CONSTRUCTION DOCUMENTS IS CONSTRUCTABLE WITHIN THE CONTRACT TIME. 8.3. Long Lead Procurement: Construction Manager shall review the Project design for the purpose of identifying long lead procurement items (machinery, equipment, materials and supplies) and consult with Design Professional concerning same. When each item is identified, Construction Manager shall notify prospective subcontractors, Owner and Design Professional of the required procurement and schedule. Such information shall be included in the bid documents and made a part of all affected subcontracts. Construction Manager shall keep itself informed of the progress of the respective subcontractors or suppliers manufacturing or fabricating such items, and revise the Construction Schedule when required as a result of delays in delivery. Delays in delivery time for long lead procurement items will not entitle Construction Manager to a time extension for completion of the Project. �s 8.3.1 Scheduling of Pre-Construction Activities: Provide construction schedule with monthly U) updates. Confirm and measure all permitting requirements on and off site and define essential milestone submission dates to ensure construction starts per the approved schedule. The permit status will be tracked and made available to all attendees and will accompany the 0 meeting notes that will be distributed. Include Owner tasks and design team changes and requests. 8.4 Interfacing: 8.4.1 Construction Manager shall take such measures as are appropriate to provide that all construction requirements will be covered in the separate procurement of long lead items,the separate construction subcontractors and the general conditions items without duplication or overlap,and are sequenced to maintain completion of all Work on schedule.The Construction i Manager will produce a Pre-Construction project schedule that includes deliverables to the owner in conjunction with the Owner and the Designer. Owner Direct Purchase Items, long lead items and potential early start items will be identified as well and included in this schedule.The progress of this schedule will be tracked at every meeting and statuses recorded and distributed with the meeting notes. 06 8.4.2 Without assuming any design responsibilities of Design Professional, Construction Manager shall include in the reports required under Paragraph 8.2 above, comments on overlap withcu any other separate subcontracts, omissions, lack of correlation between drawings, and any other deficiencies noted, in order that Design Professional may arrange for necessary corrections. Provide all required Value Engineering as maybe required to provide The cost guidance for the Owner. Preparation of the GMP: The Construction Manager will compile U the GMP for the Owner. Included in this GMP will be the Construction Manager's general conditions and Construction Phase fee. E e 8.5 Cost Modeling/Building Information Modeling(BIM) Construction Manager is responsible to build BIM model and to facilitate cost modeling. The cost of producing the BIM Model is not included in the Preconstruction Proposal.but may be added after the parameters of the Model are determined and appropriate costs are approved by the Owner. The Owner may elect to not have a Building Information Model provided pending final discussions. Cost modeling is included within the 27 KNOW, - CONSTPRUCTUNI CO., INC. Packet Pg. 3451 Preconstruction Proposal. 8.6 Meetings. 8.6.1 Monroe County requires its buildings to conform to Florida Green Building Coalition standards. The Construction Manager will participate in Florida Green Building Coalition standards meetings and offer additional suggestions and input to ensure their value engineering does not recommend removing components necessary to maintain the certification. 8.6.2 Public presentation portion of this scope shall consist of the Construction Manager facilitating meetings with the adjacent residents and public to discuss the project. The presentation shall include introduction of the project team,who and how to contact team individuals,discussion of the project sequences, project schedule, pedestrian/school access during construction and additional details as requested by the Owner. �s 9. CONSTRUCTION PHASE SERVICES. Construction Manager shall provide the following services in addition to any other Construction Phase Services required by the terms of this Contract: 9.1. Construction Manager shall arrange for all job-site facilities as required by Owner and necessary 0 to enable Construction Manager and Design Professional to perform their respective duties and to accommodate any representatives of Owner which Owner may choose to have present on the job, the description of such-facilities to be finalized prior to the establishment of the GMP. 9.1.1. Tangible personal property, otherwise referred to as job-site facilities, include, but are not limited to such things as trailers, toilets, typewriters, computers and any other equipment necessary to carry on the Work. The method of acquiring such job-site facilities shall be evaluated based on their cost over the life of the Project. Construction Manager shall present its i evaluation with recommendation to Owner for approval. U) 9.1.2. When Construction Manager wishes to supply j ob-site facilities from its own equipment pool, it shall first evaluate buy versus lease as discussed in subparagraph 9.1.1 above. If leasing is found to be the least expensive approach, then it may lease such job-site facilities from its own equipment pool at a price not greater than the lowest of three (3) lease proposals obtained by. 06 Construction Manager. 9.1.3. For all such job-site facilities purchased, which may become the property of Owner at the conclusion of the Work, Construction Manager shall maintain ownership responsibilities of such facilities until final acceptance of the Work. Reimbursement for cost of such equipment will be made at the conclusion of the Work at the documented purchase price. At that time, Construction Manager shall provide 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 Owner or to its designee. 9.1.4. Construction Manager is responsible for proper care and maintenance of all equipment while in its control. At the time of transfer to Owner, Owner may refuse acceptance of the equipment if Owner determines, in its sole discretion, that the equipment has not been properly cared for ORI'N 7ry D gqU g4 Ry 28 BIRe Re RE CONSTRUCTION CO., INC. Packet Pg. 3452 by Construction Manager or that such acquisition would not otherwise be in the best interest of Owner. In such event, Construction Manager will be reimbursed for such item in accordance with Section 5 of the Agreement. 9.2 Construction Manager's administration of the Work shall include the following: 9.2.1 Maintain a log of daily activities, including manpower records, weather, delays, major decisions, etc. 9.2.2 Maintain a roster of companies on the Project with names and the telephone numbers of key personnel. 9.2.3 Establish and enforce job rules governing parking, clean-up, use of facilities and worker discipline. 9.2.4 Provide labor relations management for a harmonious,productive Project. U) 9.3 Construction Manager also shall provide job site administration functions during construction to assure proper documentation, including but not limited to the following: 1� 0 9.3.1 Job Meetings: Conduct a preconstruction conference with each subcontractor after award of the subcontract and prior to the start of its portion of the Work. Hold weekly progress and coordination meetings, or more frequently if required by Work progress, to provide for the timely completion of the Work. In addition, Construction Manager shall arrange and conduct regular bi-weekly Project status meetings with Design Professional and Owner. Construction Manager shall use the job site meetings as a tool for the preplanning of Work and enforcing schedules,and for establishing procedures,responsibilities,and identification of authority for. all parties to clearly understand. During these meetings, Construction Manager shall identify i the party or parties responsible for following up on any problems, delay items or questions, and Construction Manager shall note the action to be taken by such party or parties. Construction Manager shall revisit each pending item at each subsequent meeting until 0 resolution is achieved. 9.3.2 Shop .Drawing Submittals/Approvals: Provide staff to review and approve shop drawings 06 and other submittals and to implement procedures for transmittal to Design Professional of such submittals for action, and closely monitor their review process. 0 9.3.3 Material and Equipment Expediting: Provide staff to closely monitor material and equipment deliveries, check and follow-up on supplier commitments for Construction Manager and all subcontractors and maintain a material and equipment expediting log. 9.3.4 Payments to Subcontractors: Develop and implement a procedure for the review, processing and payment of applications by subcontractors for progress and final payments. 9.3.5 Document Interpretation: Refer all questions for interpretation of the Contract Documents to Design Professional in writing. 9.3.6 Reports and Project Site Documents: Record the progress of the Work. Submit written ORIGINAL DOCUMENIT 29 BIB iV m0RE CONSTRUCTION CO-, ltIC- Packet Pg. 3453 progress reports to Owner and Design Professional,including information on subcontractors' Work, and the percentage of completion. Keep a daily log available to Owner, Design Professional, and any permitting authority inspectors. 9.3.7 Subcontractors Progress: Prepare periodic punch lists for the Work, including work of subcontractors', identifying unsatisfactory or incomplete items and schedules for their completion. 9.3.8 Substantial Completion: Pursuant to the provisions of Paragraph 22.1 of these General Terms and Conditions, ascertain when the Work or designated portions thereof are ready for Design Professional's Substantial Completion inspections. From the punch lists of incomplete or unsatisfactory items prepared by Construction Manager and reviewed and supplemented by Design Professional,prepare a schedule for their completion indicating completion dates for Owner's review. �s 9.3.9 Final Completion: Monitor the completion of the Work and provide notice to Owner and U) Design Professional when the Work is ready for final inspection. Secure, review and certify compliance with the Contract Documents, then transmit to Owner, through Design Professional, all required guarantees, warranties, affidavits, releases, bonds, waivers, 0 manuals, record drawings, and maintenance books. 9.3.10 Start-Up: With Owner's personnel, direct.the check-out of utilities, operations, systems and equipment for readiness and assist in their initial start-up and testing. i 9.3.11 Record Drawings: Pursuant to the terms of Paragraph 10.2 hereafter, Construction Manager shall monitor the progress of its own forces and its subcontractors on marked up field prints which shall be developed by Construction Manager into the final record drawings. i 9.4 Construction Manager shall maintain at the Project site, originals or copies of, on a.current basis, all Project files and records. The Project files and records shall be available at all times to Owner and Design 'D Professional or their designees for reference,review or copying. 9.5 Construction Manager shall provide the following services with respect to the Work, to facilitate the 06 smooth, successful and timely occupancy of the Project by Owner: 9.5.1 Construction Manager shall provide consultation and Project management to facilitate Owner's occupancy of the Project and provide transitional services to place the Work "on line"in such conditions as will satisfy Owner's operations requirements. The services include Construction Manager's coordination of the delivery of Owner supplied furniture, fixtures U and equipment for the Project. 9.5.2 Construction Manager shall catalog operational and maintenance requirements of equipment to be operated by maintenance personnel and convey these to Owner in such a manner as to promote their usability. Construction Manager shall provide Owner's operations and maintenance personnel with operations and maintenance training with respect to the equipment and systems being provided as part of the Work. This training to be videotaped by the Construction Manager for subsequent presentation to Owner's operations and DOCUMENT 30 IBIIU f iVi0RE C 0 NS T RU ,R€0N' Cep.; €l R"`. Packet Pg. 3454 U.7.b maintenance personnel. 9.5.3 Construction Manager shall secure required guarantees and warranties, and shall assemble and deliver same to Owner in the manner required by Owner. 10. DAILX REPORTS,RECORD CONTRACT DOCUMENTS AND MEETINGS. 10.1. Construction Manager shall prepare,maintain and submit to Design Professional and Owner, for their review and approval,the various logs, reports, and schedules set forth in Exhibit B to the Agreement. Construction Manager's complete performance of its obligation to prepare, maintain and submit those logs, reports, and schedules is a condition precedent to Owner's obligation hereunder to make any payments to Construction Manager.These logs,reports and schedules shall not constitute nor take the place:of any notice required to be given by Construction Manager to Owner or Design Professional pursuant to the Contract Documents. �s 10.2. Construction Manager shall maintain in a safe place at the Project site one record copy and one permit set of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Construction Change Directive and Field Orders, as well as all written interpretations and clarifications issued by Design Professional, in 0 good order and annotated to show all changes made during construction. The record Contract Documents shall be continuously updated by Construction Manager throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Construction Change Directive and Field Orders, and all concealed and buried installations of piping, conduit and utility services. Construction Manager shall certify the accuracy of the updated record Contract Documents. As a condition precedent to e Owner's obligation to pay Construction Manager, Construction Manager shall provide evidence, satisfactory to Owner and Design Professional, that Construction Manager is fulfilling its i obligation to continuously update the record Contract Documents. The record Contract Documents shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in red. The record Contract Documents, together with all approved samples and a E counterpart of all approved shop drawings shall be available to Owner and Design Professional for reference. Upon completion of the Work and as a condition precedent to Construction E Manager's entitlement to final payment, .the record Contract Documents shall be delivered to 06 Design Professional by Construction Manager for Owner. 10.3. Construction Manager shall advise Owner, its representatives and Design Professional of their requested or required participation in any meeting or inspection giving each written notice at least 48 hours prior to the meeting or inspection. 11. CONTRACT TIME AND TIME EXTENSIONS. 11.1. Construction Manager shall diligently pursue the completion of the Work and coordinate the E Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Construction Manager or anyone for whom Construction Manager is liable. Unless expressly noted otherwise in the Contract Documents, Construction Manager shall be solely responsible for all construction means,methods,techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract ORGINVAL DOCUMENT 31 IMPe' RE CONSTRUCTION CO.; INC. Packet Pg. 3455 Documents, and the coordination of Owner's suppliers and contractors as set forth in Section 14 herein. 11.2. Should Construction Manager be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Construction Manager, and not due to its fault or neglect, including but not restricted to acts of God or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes, lockouts, unusually severe weather conditions by comparison with the ten-year Monroe County, Florida, average not reasonably anticipatable, Construction Manager shall notify Owner and Design Professional in writing within fourteen(14)calendar days after the commencement of such delay,stating the cause or causes thereof, or be deemed to have waived any right which Construction Manager may have had to request a time extension. �s 11.2.1. Owner shall have the right, at any time, whether or not Construction Manager is behind schedule,to order Construction Manager to accelerate its Work. In the event that Owner orders Construction Manager to accelerate its Work and Construction Manager (i) is not behind U) schedule and(ii) believes that acceleration will increase the cost of.performance, Construction Manager, shall be required to submit a Claim for increase pursuant to Section 13 of this Agreement.Claim must be approved prior to Construction Manager accelerating the Work.Any 0 such claim shall be based exclusively and solely on actual and direct increased field costs associated with the acceleration. �s 11.3. If Construction Manager encounters on the Project site any materials reasonably believed by Construction Manager to be petroleum or petroleum related products or other hazardous or toxic substances which have not been rendered harmless, Construction Manager immediately shall (i) stop Work in the area affected and {ii)report the condition to Owner in writing. If the Work is so stopped and hazardous material is found, the Work in the affected area shall not thereafter be i resumed except by Change Order. Any such Change Order shall include,but not be limited to, an adjustment to the Contract Time as appropriate. If no hazardous material is found after the Work is stopped, no Change Order is required to resume the Work in the affected area. Further, if the hazardous material was generated or caused by Construction Manager or any of its employees, agents, subcontractors, or material suppliers, no Change Order will be required for an adjustment in the Contract Time and Construction Manager shall indemnify Owner and hold Owner harmless 06 for any costs incurred by Owner with respect to such hazardous material. 11.4. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the work from any cause whatsoever, including those for which Owner and Design Professional may be responsible, in whole or in part, shall relieve the Construction Manager of its duty to perform or give rise to any rights to damages or additional compensation from Owner U unless specifically provided for in this paragraph. If the Construction Manager is delayed at any time in the progress of the work due to causes outside of its control, or the control of its E subcontractors or suppliers, the Construction Manager may submit a change order requesting an extension of the Contract Time in accordance with the procedure established in this agreement. The Construction Manager warrants by execution of the Contract that the Construction Manager has accounted for and anticipated reasonable foreseeable delays and that the work can be completed within the Contract Time. Any extension of the Contract Time shall be net of any foreseeable delays or other delays attributable to the Construction Manager. No extension of the ORIGINAL DOCUMENT 32 BUMORE CONSTRUCNI N CO., INC Packet Pg. 3456 U.7.b Contract Time shall increase the Contract Sum unless and until the Construction Manager demonstrates to the satisfaction of the Owner that the Substantial Completion will be delayed beyond a date selected for Substantial Completion in this Contract. For each day Substantial Completion is so delayed as a result of an approved extension of the Contract Time, Construction Manager shall be entitled to a proportional increase in the allowance for general conditions and the corresponding increase in the Contract Sum, but no more. Construction Manager agrees and warrants that it waives all other damages or costs that it may incur as a result of delay to its 0 performance other than specifically set forth in this paragraph. The Contract Sum shall not be increased as a result of extension of the Contract Time to the extent the extension of time results from adverse weather conditions or any other cause outside the control of the Owner. 12. CHANGES IN THE WORD. 12.1. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change,but in no event more than fourteen(14) days after its receipt of such notification(unless Owner has agreed in writing to a longer period of time), �s Construction Manager shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or for e minor changes ordered by Design Professional that will not result in an increase in compensation or adjustment to the Contract Time,no addition or changes to the Work shall be made except upon 0 written order of Owner, and Owner shall not be liable to Construction Manager for any increased compensation or adjustment to the Contract Time without such written order. NO OFFICER, ~ 1 EMPLOYEE OR AGENT OF OWNER IS AUTHORIZED TO DIRECT ANY EXTRA OR Us CHANGED WORK ORALLY. i 2 12.2. A Change Order shall be prepared by Construction Manager, reviewed by Design e Professional and Owner, and executed promptly by the parties after an agreement is reached between Construction Manager and Owner concerning the requested changes. Construction i Manager shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Construction Manager shall mutually agree. 12.3. If Owner and Construction Manager are unable to agree on a Change Order for the requested E change, Construction Manager shall, nevertheless, promptly perform the change as directed by 06 Owner in a written Construction Change Directive. In that event, the Contract Amount and cu Contract Time shall be adjusted as directed by Owner. If Construction Manager disagrees with Owner's adjustment determination, Construction Manager must make a claim pursuant to Section 13 of these General Conditions or else be deemed to have waived any claim it might otherwise U have had on that matter. �s 12.4. In the event a requested change is approved by Owner which results in either-an increase or decrease to the Contract Amount, a Change Order shall be issued which increases or decreases the E GMP by the amount of Construction Manager's actual and reasonable direct Cost of the Work (including bond premiums for changes other than those associated with Owner Direct Purchase). 12.5. Notwithstanding any provision herein to the contrary, the amounts for combined overhead and profit for Change Orders and Construction Change Directives are as follows: U NA 33 ORGRAL DO' ENT BILTIMOPRE CON;RUCT€ON CO., INC, Packet Pg. 3457 U.7.b 12.5.1. For the Construction Manager, additional amounts for overhead and profit will not be allowed until the total Cost of the Work has been increased by approved Change Orders and Construction Change Directives in an amount causing the greater of the original GMP as set forth in the GMP Amendment or the estimated construction cost set forth in the preamble to this Agreement to be exceeded by more than five percent. Construction Manager shall be entitled to an increase in the Construction Manager's Fee for combined overhead and profit on E the amount exceeding one hundred percent(100%) of the original GMP amount or estimated construction cost,whichever is greater. The increase in the Construction Manager Fee shall be proportional to the ratio of the Construction Manager's Fee to the estimated construction cost, as set forth in the Agreement. 12.5.2. For each Subcontractor or Sub-subcontractors involved, the Work performed by that Subcontractor or Sub-subcontractor's own forces; ten percent(10%) of the cost. 12.5.3. For each Subcontractor, the Work performed by the Subcontractor's Sub-subcontractor's; five percent(5%) of the amount due the Sub-subcontractor. U) 0 12.5.4.No further tiering of the Sub-subcontractors will be allowed mark-up for overhead and profit. 1� 0 12.5.5. Cost to which overhead and profit is to be applied shall be determined in accordance with Section 5 of this Agreement. �s 12.5.6. In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accomplished by a complete itemization of costs including labor, materials and Subcontracts. Labor and materials shall be itemized in the manner prescribed above. Where major cost items are Subcontracts, they shall be itemized also. In no case will a change be approved without backup documentation. i 12.6 Owner shall have the right to conduct an audit of Construction Manager's books and records, as well as those of its subcontractors and suppliers,to verify the accuracy of Construction Manager's claim with respect to Construction Manager's costs associated with any Change Order or Construction Change Directive. 12.7 Design Professional may direct Construction Manager to make nonmaterial changes to the Work, so long as such changes do not require or result in any adjustment to the Contract Amount, Contract Time or Project quality, and are generally within the scope of the Work. All such changes must be evidenced by a written order from Design Professional to Construction Manager, with a copy to Owner. Construction Manager shall comply with all such orders. �s 12.8 When the GMP includes a Project Contingency Allowance, changes in the work may be authorized as a Contingency Adjustment. The procedures for Contingency Adjustments are the same as for Change 0 Orders and Construction Change Directives, except that no increase or decrease to the GMP results. Costs for Contingency Adjustments shall not include amounts for Construction Manager's overhead and profit or adjustments to the Construction Manager's fee. If Owner and Construction Manager are unable to agree on a Contingency Adjustment for the requested change, Construction Manager shall, nevertheless, promptly perform the change as directed by Owner in a written Construction Change Directive.In that event,the Contract Amount and Contract Time shall be adjusted as directed by Owner. aa � 34 BUIN1k0 RE CONSTRUCTION CO., INC. Packet Pg. 3458 U.7.b If Construction Manager disagrees with Owner's adjustment determination,Construction Manager must make a claim pursuant to Section 13 of these General Conditions or else be deemed to have waived any claim it might otherwise have had on that matter. Construction Manager shall supply Owner with a Monthly Contingency report for all Contingencies included in the project. 13. CLAIMS AND DISPUTES. 13.1. The term "Claim" as used herein shall mean any and all demands made by one parry hereunder against the other party,whether such demand be for money,time or the assertion of any right or obligation that arises out of the Contract Documents. 13.2. Initial notice of Claims by Construction Manager shall be made in writing to Owner and Design Professional within fourteen (14) calendar days after the first day of the event giving rise to such Claim or else Construction Manager shall be deemed to have waived the Claim. Written supporting data shall be submitted to Owner and Design Professional within thirty (30) calendar days after the occurrence of the event, unless Owner grants additional time in writing, or else Construction Manager shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Paragraph 12.5 hereof. 13.3. Construction Manager shall proceed diligently with its performance as directed by Owner, 0 regardless of any pending Claim, unless otherwise agreed to by Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 13.4. Prior to the initiation of any action or proceeding permitted by this Contract to resolve disputes between the parties,the parties shall make a good faith effort to resolve any such disputes by negotiation between representatives with decision-making power. Failing resolution, and prior to the commencement of any legal, administrative, or equitable proceeding between the parties i with respect to the Project,the parties shall attempt to resolve the dispute through mediation before an agreed- upon Mediator. Should either party fail to submit to mediation as required hereunder, the other party may request a court of law to order mediation under Florida Statutes, Section 0 44.102. 13.5. Any litigation between Owner and Construction Manager (Which term for the purposes of 06 this subparagraph shall include Construction Manager's surety),whether arising out of any Claim or arising out of the Contract or any breach thereof, shall be brought,maintained and pursued only in the appropriate State courts of the State of Florida; and Owner and Construction Manager each .hereby waive and renounce any and all rights and options which they, or either of them, have or might have to bring or maintain any such litigation or action in the Federal Court system of the United States or in any United States Federal District Court. Venue of any such litigation between Owner and Construction Manager shall lie and be only in the appropriate State courts of the State of Florida's Sixteenth Judicial Circuit in and for Monroe County, Florida. Construction Manager consents and submits to the jurisdiction of any such court and agrees to accept service of process e from the State of Florida in any matter to be submitted to any such court. 14. OTHER WORK. 14.1. Owner may perform other work related to the Project at the site by Owner's own forces,have other work performed by utility owners or let other direct contracts.If the fact that such other work `Y '�!1�9 Sid INORI CON!1TRUC ION CO., INC, Packet Pg. 3459 is to be performed is not noted in the Contract Documents, written notice thereof will be given to Construction Manager prior to starting any such other work. If Construction Manager believes that such performance will involve additional expense to Construction Manager or require additional time,Construction Manager shall send written notice of that fact to Owner and Design Professional within fourteen (14) calendar days of being notified of the other work. If Construction Manager fails to send the above required fourteen(14) calendar days notice, Construction Manager will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 14.2. Construction Manager shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees)proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Construction Manager shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Construction Manager shall be responsible for all damage to the work of others U) caused by the performance of its Work.Further, Construction Manager shall not in any way cut or alter the work of others without first receiving the written consent of that other person and Design Professional. �s 14.3. If any part of Construction Manager's Work depends for proper execution or results upon the work of any other contractor or utility owner(or Owner), Construction Manager shall inspect and promptly report to Design Professional in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Such report must be made within seven(7) calendar days of the time Construction Manager first became aware of the delay, defect or deficiency or by the scheduled commencement of Construction Manager's dependent Work, whichever occurs .first. Construction Manager's failure to report within the i allotted time will constitute an acceptance of the other work as fit and proper for integration with Construction Manager's Work. 15. INSURANCE. 15.1. During the term of this Agreement Construction Manager shall provide, pay for, and E maintain, with companies satisfactory to Owner, the types of insurance as described in the 06 solicitation and herein. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. Simultaneously with the execution and delivery of this Agreementcu by Construction Manager and prior to execution of the Work,Construction Manager has delivered to Owner properly executed Certificates of Insurance,using the standard Accord form, 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 t s required shall be provided to Owner, on a timely basis, if requested by Owner. These Certificates and policies shall contain provisions that thirty (3 0) days written notice by registered or certified E mail shall be give Owner of any cancellation, intent not to renew, or reduction in the policies' e coverages, except in the application of the Aggregate Limits Provisions. Construction Manager shall also notify Owner,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 insurers, and nothing contained herein shall relieve Construction Manager of this requirement to provide notice. In the event of a reduction in the aggregate limit 36 u3d�+ F,da _�:�,idtip6�-?,'?,�_: r_t3NS'�RUr,s �l + f0., R '. Packet Pg. 3460 U.7.b below the minimum required of any policy to be provided by it hereunder, Construction Manager shall immediately take steps to have the aggregate limit reinstated. All insurance coverages of Construction Manager shall be primary to any insurance or self-insurance program carried by Owner applicable to this Project. 15.2. All insurance policies required by this Agreement shall include the following provisions and E conditions by endorsement to the policies: 15.2.1. The term "The Board of County Commissioners of Monroe County, Florida", shall include Monroe County, Florida, a political subdivision of the State of Florida, all departments and divisions and individual officials, members and employees thereof in their official capacity, and/or while acting on behalf of Monroe County. �s 15.2.2. All insurance policies, other than the Workers Compensation policy, provided by Construction Manager to meet the requirements of this Agreement shall name The Board of County Commissioners of Monroe County, Florida, as that name is defined in 15.2.1 above, 0 as an additional insured as to the operations of Construction Manager under the Contract Documents and shall contain a severability of interests provisions. 0 15.2.3. 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. �s 15.2.4. All insurance coverages of Construction Manager shall be primary to any insurance or self- 2i insurance program carried by 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. ®I 15.2.5. Before construction begins Certificate(s) of Insurance confirming insurance requirements must be provided to Owner for Owner's insurance broker compliance review and acceptance. All Certificate(s) of insurance must reference the project name. As applicable, Additional Insured Requirement,pursuant to 15.2.2 above,must be attached. 15.2.6. All insurance policies shall be fully performable in Monroe County, Florida, and shall be 06 construed in accordance with the laws of the State of Florida. 15.2.7. Venue for any action.concerning any matter under any policies provided pursuant to this agreement shall lie in the appropriate State courts of the State of Florida's Sixteenth Judicial Circuit in and for Monroe County, Florida. Insurer must consent and submit to the jurisdiction of any such court and agrees to accept service of process from the State of Florida in any matter to be submitted to any such court. 15.3 The acceptance by Owner of any Certificate of Insurance for this Project evidencing the insurance coverages and limits required in this Agreement does not constitute approval or agreement by 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. BIUMIORIE CONSTRUCTION CO., W Packet Pg. 3461 15.4 Before starting and until completion of all services required hereunder, Construction Manager shall procure and maintain insurance of the types and to the limits specified in Exhibit C, "Insurance Requirements", which is attached hereto and made a part hereof. Construction Manager shall require each of its subcontractors to procure and maintain,until the completion of that subcontractor's services, insurance of the types and to the limits specified in Exhibit C,unless such insurance requirement for the subcontractor is expressly waived in writing by Owner. It is the Construction Manager's explicit responsibility to ensure all subconsultant(s) and/or subcontractor(s) comply with these insurance requirements. 15.5 If any insurance provided pursuant to this Agreement expires prior to the completion of the services required hereunder, renewal Certificates of Insurance and, if requested by Owner, certified, true copies of the renewal policies, shall be furnished to Owner thirty (30) days prior to the date of expiration. �s 15.6 Should at any time Construction Manager not maintain the insurance coverages required in this Agreement, Owner may cancel the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge Construction Manager for such coverages 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. Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages 0 purchased or the insurance company/companies used.The decision of Owner to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Agreement. Construction Manager, its subconsultants and Owner shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received-by Owner, except such rights as they may have to the proceeds of such insurance held by any of them. 0 15.7 All insurance companies from whom Construction Manager obtains the insurance policies required hereunder must meet the following minimum requirements: i 15.7.1 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. The insurance 0 company must have an A.M. Best policyholder rating of either"A+, or"A". The insurance company have a current A.M. Best financial rating of Class VI or higher. e 0 �s e 'OR,G 1 1 Ak 0 C U NBE NT 38 -AH.-IRMORE: COMSTRUCTION CO., INC, Packet Pg. 3462 16.INDEMNIFICATION, HOLD HARMLESS AND DEFENSES. Construction Manager shall defend, indemnify and hold the County and the County's officers and employees,from liabilities,damages,losses and costs,including,but not limited to,reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Construction Manager or person employed or utilized by Construction Manager in accordance with Section 725.06,Florida Statute, except to the extent the liabilities, damages, losses and costs arise from the negligence, recklessness or intentional wrongful misconduct of the County or any of its employees, agents, contractors or invitees (other than Construction Manager). Insofar as the liabilities, damages, losses and costs, relate to events or circumstances that occur during the term of the Agreement, this provision will survive the expiration of the term of the Agreement or any earlier termination of the Agreement. The monetary limitation of liability under this contract shall be not less than$1 million per occurrence pursuant to Section 725.06,Florida Statutes. The first ten dollars ($10.00) of remuneration is to be paid to the successful Respondent for the indemnification provided for the above. 17. CLEANUP AND PROTECTIONS. 17.1. Construction Manager agrees to keep the Project site clean at all times of debris,rubbish and waste materials arising out of the Work. If Construction Manager fails to keep the Project site clean, Owner has the right, after providing a twenty-four(24)hour written notice, to perform any 1� required clean up and to backcharge Construction Manager for the costs of such clean up. At the 0 completion of the Work, Construction Manager shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surface materials,and shall leave the Project site clean and ready for occupancy by Owner. i 17.2. Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Construction Manager from i damage during the prosecution of the Work.Any such improvements so damaged shall be restored by Construction Manager to condition at least equal to that existing at the time of Construction Manager's commencement of the Work. 18. ASSIGNMENT. E 18.1. Construction Manager shall not assign this Contract or any part thereof, without the prior 06 consent in writing of Owner. If Construction Manager does,with approval, assign this Contract or any part thereof, it shall require that its assignee be bound to it and to assume toward Construction Manager all of the obligations and responsibilities that Construction Manager has assumed toward Owner. 19. PERMITS, LICENSES AND TAXES. 19.1. All permits and licenses necessary for the prosecution of the Work shall be procured and paid for by Construction Manager. Permits and licenses to be acquired by Construction Manager with the assistance of Design Professional include, but are not limited to, building, site, and utility e permits,as well as all Health Department(DER)permits required for the construction or relocation of Monroe County water and/or sanitary sewer lines and facilities,to the extent such water and/or sewer work is included in this Contract. If Construction Manager performs any Work without obtaining, or contrary to; such permits or licenses, Construction Manager shall bear all costs arising therefrom. All costs incurred by Construction Manager with respect to performing its 39 BRUMORE CONSTRUCTION CO., INC Packet Pg. 3463 obligations under this Paragraph 19.1 shall be considered a direct cost item and shall be considered reimbursable as Cost of the Work as provided for in the Agreement. Owner shall fully cooperate with Construction Manager where necessary. Construction Manager shall pay all governmental charges and inspection fees necessary for the prosecution of the Work. 19.2. 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. Additionally, Construction Manager shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth below in Paragraph 39. 20. TERMINATION FOR DEFAULT. 20.1. Construction Manager shall be considered in material default of the Contract and such default shall be considered cause for Owner to terminate the Contract, in whole or in part, as further set forth in this Article, if Construction Manager: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as provided for in the Contract Documents; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work contrary to the requirements of the Contract; or (5) fails to resume Work which has been suspended within a reasonable time after 0 being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or(7) allows any final judgment to stand against it unsatisfied for more than ten(10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) fails to promptly pay its subcontractors and suppliers; or (11) materially breaches any other provision of the Contract Documents; or for any basis provided in the Termination by the Owner for Cause in the RFQ solicitation. i 20.2. If Owner determines that Construction Manager is in default under this Contract,Owner shall notify Construction Manager in writing of Construction Manager's default(s). If Owner determines that Construction Manager has not remedied and cured the default(s) or established a mutually agreeable plan with the Owner to cure the default(s) within seven (7) calendar days following receipt by Construction Manager of said written notice, then Owner, at its option, E without releasing or waiving its rights and remedies against Construction Manager's sureties and 06 without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Construction Manager's right to proceed under the Contract, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Construction Manager, take assignments of any of Construction Manager's subcontracts and purchase orders that Owner may designate, and complete all or any portion of Construction Manager's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. In making either the initial determination that Construction Manager is in default under this Contract or the subsequent determination that Construction Manager has failed to satisfactorily cure its default, Owner may rely solely upon Design Professional's certification to Owner that in Design Professional's opinion Construction Manager is in default or has failed to satisfactorily cure its default. 20.3. If Owner deems any of the foregoing remedies necessary, Construction Manager agrees that it shall not be entitled to receive any further payments hereunder until after the Work is completed. Packet Pg. 3464 All monies expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the unpaid balance of the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Construction Manager agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorney's fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by Owner to complete the Work, Construction Manager shall not be entitled to any portion of such excess, except for the unpaid portion of the Construction Management Fee earned and the Cost of Work incurred prior to Construction Manager's right to continue performance under this Contract being terminated. Any amounts to be paid to Owner by Construction Manager pursuant to this Paragraph 20.3 shall be certified by Design Professional, upon application, and this obligation for payment shall survive termination of the Contract. 20.4. The liability of Construction Manager hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required,in completing the Work and providing labor,materials,equipment,supplies, 0 and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. Further, in the event Owner has exercised its right to terminate due to Construction Manager's default, Construction Manager shall be prohibited from bidding or otherwise seeking additional work from Owner in accordance with Owner's then current debarment policy. 0 20.5. If, after notice of termination of Construction Manager's right to proceed pursuant to this Article, it is determined for any reason that Construction Manager was not in default, or that its i default was excusable, or that Owner is not entitled to the remedies against Construction Manager provided herein, then such termination shall be deemed a termination for Owner's convenience and Construction Manager's remedies against Owner shall be the same as and limited to those afforded Construction Manager under Paragraph 21.1 below. 21. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 06 21.1. Owner shall have the right to terminate this Contract without cause upon seven (7) calendar days written notice to Construction Manager. In the event of such termination for convenience, Construction Manager's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Construction Manager shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 21.2. Owner shall have the right to suspend all or any portions of the Work upon giving Construction Manager two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Construction Manager's sole and exclusive remedy shall be to seek an extension to the Contract Time in accordance with the procedures set forth in the Contract Documents. In no event shall Construction Manager be entitled to any additional compensation or damages except as otherwise expressly provided for in the Contract Documents. BILTI K)RE �'��,°��sSli�`UC110N CO., HC Packet Pg. 3465 U.7.b Provided, however, if the ordered suspension exceeds ninety (90) calendar days, Construction Manager shall have the right to terminate the Contract with respect to that portion of the Work which is subject to the ordered suspension. 22. COMPLETION. 22.1. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Construction Manager shall notify Owner and Design Professional in writing that the entire Work (or such designated portion)'is substantially complete and request that Design Professional issue a Certificate of Substantial Completion (or Certificate of Partial Substantial Completion). Said written notice from Construction Manager shall include a proposed punch list of all items of Work to be completed or corrected by Construction Manager. Within a reasonable time thereafter, Owner, Construction Manager and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner and Design Professional do not consider.the Work (or designated portion) substantially complete, Design Professional shall notify Construction Manager in writing giving the reasons therefore. In such case, Construction Manager shall pay the costs of all additional Substantial Completion inspections. If Owner and Design Professional consider the Work (or designated portion) substantially complete, Design Professional shall prepare and deliver to Construction Manager a 1� Certificate of Substantial Completion(or Certificate of Partial Substantial Completion)which shall 0 fix the date Substantial Completion for the entire Work(or designated portion thereof) is actually achieved by Construction Manager and include a final punch list of items to be completed or corrected by Construction Manager before final payment. Such final punch list shall be in compliance with the Contract Documents and all applicable laws. Accordingly, Design Professional shall provide the final punch list to Construction Manager within seven calendar days after Construction Manager has achieved Substantial Completion. Construction Manager acknowledges and agrees that the failure to include any corrective work or pending items not yet completed on the punch list does not alter the responsibility of Construction Manager to complete i all the Work required under this Contract and does not waive Owner's right to demand completion of the item pursuant to the Contract Documents prior to or after final payment. Additionally, if this Agreement involves Work on more than one building or structure, or involves a multi-phased 0 Project,a punch list shall be developed in accordance with the timelines set forth in this paragraph for each building, structure, or phase of the Project. Owner shall have the right to exclude E Construction Manager from the Work and Project site(or designated portion thereof)after the date 06 of Substantial Completion(or Partial Substantial Completion),but Owner shall allow Construction Manager reasonable access to complete or correct items on the final punch list. 22.2. When Construction Manager believes it has fully performed all of the Work, including all punch list items, Construction Manager shall deliver to Owner a written affidavit from Construction Manager certifying that all Work has been completed in accordance with the requirements of the Contract Documents. That written affidavit shall be delivered to Owner by Construction Manager at the same time it submits its final Application for Payment. After receipt of such affidavit, the final Application for Payment and all other documents required for Project close-out, Design Professional and Owner shall promptly inspect the Work to determine if all of the Work has been completed and is ready for final acceptance by Owner. If Owner and Design Professional determine Construction Manager has completed the entire Work, Design Professional shall promptly issue a final Certificate for Payment, stating that, to the best of its knowledge, information and belief, and on the basis of its observations and inspections: (i) all of the Work has been completed in accordance with the requirements of the Contract Documents; (ii) OR �l k L d 0r� ss BIB(€MORE COMS RU C T ION CO., INC: Packet Pg. 3466 the final balance due Construction Manager, as noted in the final Certificate for Payment, is due and payable; and (iii) all conditions precedent to Construction Manager's entitlement to final payment have been satisfied. Neither the final payment nor the retainage shall become due and payable until Construction Manager submits: (1) the final Release and Affidavit in the form prescribed by Owner, (2) consent of surety to final payment, and (3) 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 Design Professional may have issued its recommendations. Unless and until Owner is completely satisfied that all requirements of the 12 Contract Documents have been met, neither the final payment nor the retainage shall become due and payable. �s 23.WARRANTY. 23.1. Construction Manager shall obtain and assign to Owner all express warranties given to Construction Manager by any subcontractor's or by any materialmen supplying materials, 0 equipment or fixtures to be incorporated into the Project.Construction Manager expressly warrants to Owner that all materials and equipment to be incorporated into the Work shall be new unless otherwise specified. Further, Construction Manager expressly warrants to Owner that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Construction Manager further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and U conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. Further, any 0i special warranty to be provided will be in such'form as is acceptable to Owner and shall not include any exclusions, exceptions or modifications except to the extent approved by Owner in its sole discretion. In addition to all other rights and remedies available to Owner at law or in equity, ®i including any implied warranties Owner may be entitled to as a matter of law, Construction Manager expressly warrants to Owner that it shall promptly correct,upon receipt of written notice from Owner, any portion of the Work which is found to be defective or otherwise not in conformance with the requirements of the Contract Documents. In the event that any defective or non-conforming work is deemed by Owner in its sole discretion to present an immediate threat to 0 safety or security, Owner shall be entitled to correct and fix such defective or non-conforming portions of the Work,and Construction Manager shall reimburse Owner for all costs and expenses 06 incurred by Owner in performing such Work. This obligation to correct defective or nonconforming Work shall run for a period of one year (or such longer period of time as may otherwise be specified in the Contract Documents) commencing from the date Substantial Completion is achieved. With respect to the correction of any defective or nonconforming Work, Construction Manager shall be liable for all damage to any part of the Work itself and to any adjacent property which is caused by such corrective work. Construction Manager shall conduct, jointly with Owner and Design Professional, a warranty inspection at six (6) months and eleven (11) months after the date Substantial Completion is achieved. Construction Manager's warranty excludes remedy for damage or defect caused by Owner's abuse, modifications not performed by Construction Manager, improper or insufficient maintenance by Owner(unless such maintenance was performed in accordance with the directions from.Construction Manager),improper operation by Owner (unless such operations were performed in accordance with the directions from Construction Manager), or normal wear and tear under normal usage. ILRAOR E CONSTRUCTION CO., TACT Packet Pg. 3467 U.7.b 24. TESTS AND INSPECTIONS. 24.1. Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site,for their observation, inspection and testing. Construction Manager shall provide proper, safe conditions for such access. E Construction Manager shall provide Design Professional,Owner's Uniform Building Construction Inspector or any other entity with responsibility for inspection of the work with timely prior written notice (at least 48 hours) of the readiness of the Work for all required inspections, tests or approvals. 12 0 24.2. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically �s inspected, tested or approved, Construction Manager shall assume full responsibility therefore, pay all costs in connection therewith and furnish Design Professional the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner 0 and by organizations acceptable to Owner and Design Professional. 24.3. If any Work that is to be inspected,tested or approved pursuant to the Contract Documents is covered without such inspection, testing or approval having been satisfactorily obtained by Construction Manager and without obtaining the written concurrence from Design Professional or .:, other applicable entity with responsibility for inspection of the work, such Work must,if requested U by Design Professional or inspection entity, be uncovered for observation. Such uncovering shall be at Construction Manager's expense unless Construction Manager has given Design Professional WI and the applicable inspection entity 48 hour's written notice of Construction Manager's intention to cover the same and has requested written concurrence by Design Professional and the inspection entity and Design Professional or the inspection entity has not acted with reasonable promptness ®I to respond to such notice and request. If any Work is covered contrary to written directions from Design Professional or the inspection entity, such Work must, if requested by Design Professional or the inspection entity, be uncovered for Design Professional's or the inspection entities observation and be replaced at Construction Manager 's sole expense. 24.4. Owner shall charge to Construction Manager and may deduct from any payments due Construction Manager all engineering and inspection expenses incurred by Owner in connection06 with any overtime work unless such overtime work was expressly requested by Owner and Construction Manager was on schedule. Such overtime work consists of any work during the construction period beyond the regular eight(8)hour day and for any work performed on Saturday, Sunday or holidays. �s 24.5. Neither observations by Design Professional or Owner,nor inspections,tests or approvals by others shall relieve Construction Manager from Construction Manager's obligations to perform 0 the Work in accordance with the Contract Documents. e 24.6. Construction Manager is responsible, without reimbursement from Owner, for re-inspection fees and costs, to the extent such re-inspections are due to the fault or neglect of Construction Manager. 4 IG11 EL DOCUMENT 44 BIVIIN40RE CONSTRUCTION CO., IM Packet Pg. 3468 U.7.b 24.7. Construction Manager shall only use a certified independent testing and balancing services contractor to perform"Test and Balance" (T&B) services as they may be required for this project. The T&B contractor shall be completely independent of the Construction Manager's mechanical and ventilating subcontractor(s). Construction Manager shall be responsible for coordinating mechanical/ventilating (HVAC) work, including HVAC control systems and T&B work. 24.8. T&B Submittal Requirement: Completed T&B reports required by the Contract Documents shall be delivered by Construction Manager to Owner at Substantial Completion. 25. DEFECTIVE WORK. 25.1. Work not conforming to the requirements of the Contract Documents shall .be deemed defective Work. If required by Owner or Design.Professional, Construction Manager shall as directed, either correct all defective Work,whether or not fabricated, installed or completed, or, if U -the defective Work has been rejected by Owner or Design Professional, remove it from the site and replace it with non-defective Work. Construction Manager shall bear all direct and indirect costs of such correction or removal (including, but not limited to fees and charges of engineers, 0 architects, attorneys and other professionals) made necessary thereby, and shall hold Owner and Design Professional harmless for same. 0 25.2. If Owner or Design Professional consider it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others, Construction Manager , at . 1 Design Professional's or Owner's request, shall uncover, expose or otherwise make available for U observation, inspection or tests as Owner or Design Professional may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such WI Work is defective, Construction Manager shall bear all direct,indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other i professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Construction Manager shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection,testing and reconstruction. 25.3. Owner shall have the right to order Construction Manager to stop all or any portion of the Work if at any time Owner reasonably determines that Construction Manager's performance of 06 the Work is not in compliance with the requirements of the Contract Documents. Such noncompliance shall include, but is not limited to, Construction Manager's failure to provide adequate labor, materials or equipment to satisfactorily maintain the various Project schedules (including the Master Project Schedule). This right to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating Owner to exercise this right for the benefit of Construction Manager or any other person. 25.4. Should Owner determine, at its sole opinion,it is in Owner's best interest to accept defective c Work, Owner may do so. Construction Manager shall bear all direct and indirect costs attributable to Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If Owner accepts such defective Work (0,RI 's,kL D0CUME T 45 BVI Pry ORE CONSTRUCTION CO., IM Packet Pg. 3469 U.7.b after final payment, Construction Manager shall promptly pay Owner an appropriate amount determined by Owner to adequately compensate Owner for its acceptance of the defective Work. 25.5. If Construction Manager fails, within a reasonable time after the written notice from Owner or Design Professional, to correct defective Work or to remove and replace rejected defective Work as required by Owner or Design Professional, or if Construction Manager fails to perform E the Work in accordance with the Contract Documents, or if Construction Manager fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days' written notice to Construction Manager, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, Owner may exclude Construction Manager from any 12 or all of the Project site, take possession of all or any part of the Work,and suspend Construction Manager s services related thereto, take possession of Construction Manager's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials U and equipment stored at the Project site or for which Owner has paid Construction Manager but which are stored elsewhere. Construction Manager shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this Paragraph. All direct and indirect costs of Owner in exercising such rights and remedies shall be charged against Construction Manager, and a Change Order or a. Construction Change Directive shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct and indirect costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court and U arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Construction Manager's defective Work. Construction �i Manager shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. i 26. SUPERVISION AND CONSTRUCTION MANAGER REPRESENTATIVE. 26.1. Construction Manager is responsible for supervising, coordinating and performing the Work 5 with such care and skill as would be provided by a contractor with extensive and special expertise in the type of work required under the Contract Documents. Construction Manager is responsible 4) for completing the Work so that it complies accurately and completely with the requirements of the Contract Documents. Unless otherwise authorized in writing by the Owner, Construction 06 Manager shall keep on the Work at all times during its progress a competent resident representative who shall not be replaced without prior written notice to Owner and Design Professional except under extraordinary circumstances. The representative shall have authority to act on behalf of Construction Manager. All communications given to the representative shall be as binding as if given to Construction Manager. Owner shall have the right to direct Construction Manager to remove and replace its Project representative or any other employee of Construction Manager or any employee of any subcontractor from this Project, with or without cause. 26.2. Construction Manager shall maintain sufficient off-site support staff, and competent full time staff at the Project site authorized to act on behalf of Construction Manager to coordinate, inspect and provide general direction of the Work and progress of the subcontractors. Construction Manager shall provide no less than those personnel during the respective phases of construction that are set forth in Exhibit E to the Agreement. Construction Manager shall not change any of 811-1111VIORE CONSTRUCTION M, INC. Packet Pg. 3470 U.7.b those persons identified in Exhibit E unless mutually agreed to in writing by Owner and Construction Manager. In such case, Owner shall have the right to approve the replacement personnel. 26.3. Construction Manager shall establish and maintain lines of authority for its personnel, and shall provide this information to Owner and all other affected parties, such as the code inspectors of any permitting authority, the subcontractors, and Design Professional. Owner and Design Professional may attend meetings between Construction Manager and its subcontractors;however, such attendance is optional and shall not diminish either the authority or responsibility of Construction Manager to administer the subcontracts. 12 c 26.4. Construction Manager shall be responsible to Owner for the acts and omissions of its employees and agents and its subcontractors, their agents and employees, and all other persons �s performing any of the Work or supplying materials under a contract to Construction Manager. Construction Manager shall develop and maintain a program, acceptable to Owner and Design U Professional, to assure quality control of the Work. Construction Manager shall supervise the 0 Work of all subcontractors,providing instructions to each when their portion of the Work does not conform to the requirements of the Contract Documents 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 a disagreement occur between Construction Manager and Design Professional over the acceptability of the Work, .:, Owner, in its discretion, shall have the right to determine the acceptability. U 26.5. Construction Manager shall not employ on this Project any person who has been convicted 21 of a felony or misdemeanor-level criminal charge regarding sexual abuse or misconduct, nor permit any subcontractor to assign any employee of it to this Project who has been convicted of a felony or misdemeanor-level criminal charge regarding sexual abuse or misconduct. All ®I contractors, subcontractors and employees associated with work at the MCSO detention facility are subject to the Level 2 background screening requirements and must comply with Florida law regarding the required personnel background screening requirements,Florida Chapter 435. 27. PROTECTION OF FORK. 27.1. Construction Manager shall fully protect the Work and adjacent property from loss or damage and shall bear the cost of any such loss or damage until Substantial Completion is achieved. If Construction Manager or anyone for whom Construction Manager is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Construction Manager shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Construction Manager. 27.2. Construction Manager shall ascertain what temporary enclosures, if any, of building areas, including existing facilities, should be provided for and may be provided as a practical matter, in 0 order to assure orderly progress of the Work and to protect and secure the Work and existing c facilities, in periods when extreme weather conditions are likely to be experienced. 27.3. Construction Manager shall not permit any unsafe loading of any structure at the Project site, nor shall Construction Manager subject any part of the Work or adjacent property to any forces that will endanger it. BIUMAORE CONSTRUCTION CO, INC. Packet Pg. 3471 27.4. Construction Manager shall not disturb any benchmark established by Owner with respect to the Project. If Construction Manager, or its subcontractors, agents or anyone for whom Construction Manager is legally liable,disturbs Owner's benchmarks,Construction Manager shall immediately notify Owner and Design Professional. Owner shall have the benchmarks reestablished and Construction Manager shall be liable for all costs incurred by Owner associated E therewith. 28.EMERGENCIES. 28.1. Construction Manager shall take immediate action to prevent injury to any person or damage 12 to any property(including the Work and any adjacent property)which otherwise might arise from an emergency event at the Project site. Construction Manager shall give Design Professional written notice within forty-eight(48)hours after the occurrence of the emergency, if Construction U Manager believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If Design Professional determines that a change in the Contract Documents is required because of the action taken in response to an emergency,a Change Order shall be issued to document the consequences of the changes or variations. If Construction Manager fails to provide the forty-eight (48) hour written notice noted above, Construction Manager shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. Construction Manager . is obligated to promptly report in writing to Owner all accidents relating to the Work that result in any personal injury or property damage. �s 29. USE OF PREMISES. 2i 29.1. At all times during the performance of the Work, Construction Manager shall keep all of its. operations, (including, but not limited to, the use and storage of all equipment and materials), within the Project site or such other areas as may be permitted by the Contract Documents. ®I Construction Manager shall not use the Project site in any manner that is unreasonably burdensome or otherwise inconsistent with Owner's interest. Construction Manager is responsible for any damage to any such area, or to the owner or occupant thereof, or any areas contiguous thereto, resulting from the performance of the Work. Except as required by the Contract Documents or otherwise required in order for Construction Manager to satisfy its safety and security obligations 0 under the Contract Documents, Construction Manager shall not erect or install,nor shall it permit 06 any of its subcontractors, suppliers, subconsultants or any other party for whom it is legally responsible to erect or install, any signage upon the Project site or any other property of Owner, unless such signage has been expressly approved in writing by Owner, which approval may be withheld by Owner in its sole discretion. 29.2. Construction Manager acknowledges that Work will be performed at a particular Project site where Owner simultaneously is conducting and continuing its operations upon the same site. In such event, Construction Manager shall coordinate its Work so as to cause no unreasonable 0 interference with or disruption to Owner's operations. e 29.3. Owner may take early occupancy of all or any portions of the Work, at Owner's election, by designating in writing to Construction Manager the specific portions of the Work to be occupied and the date such occupancy shall commence. If any such specific early occupancy was not expressly identified at the time the GMP was established and such early occupancy negatively _T11,,q0RE C0114MIRU00N CO., INC. Packet Pg. 3472 U.7.b impacts Construction Manager's cost or time of performance, Construction Manager shall be entitled to an equitable adjustment to the Contract Amount and the Contract Time, all in accordance with the other terms and conditions of the Contract Documents. 30. SAFETY. 30.1. Construction Manager is responsible for the safety and protection of all persons and property E on or about the Project site during the progress of the Work. Further, it is Construction Manager's responsibility to protect from damage or loss all material and equipment to be incorporated into E the Work which may be stored off the Project site. Construction Manager shall develop and implement, in accordance with the requirements of the Contract Documents, a safety plan for the Work. 30.2. Construction Manager shall comply with all applicable codes, laws, ordinances, rules and U regulations of Owner and any public body having jurisdiction over the Work,including all of their safety codes, laws, ordinances, rules and regulations. Construction Manager shall notify owners of adjacent property and of any underground structures or improvements and utility owners when prosecution of the Work may affect them,and shall cooperate with them in the protection,removal, relocation or replacement of their property. Construction Manager's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 30.3. At all times during the performance of the Work at the Project site, Construction Manager u -shall have designated, and located on a full time basis at the Project site, a qualified individual wX whose responsibility shall be to monitor and enforce Construction Manager 's safety program at Wi the Project site. Construction Manager hereby designates its superintendent as that safety representative. Construction Manager may designate by written notice to Owner another individual, reasonably acceptable to Owner, who shall be Construction Manager's safety COI representative at the Project site. Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Construction Manager , as well as those of all subcontractors and those of any other person or entity for whom Construction Manager is legally 0 liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun,rifle or other firearm, or explosives of any kind. 30.4. Construction Manager acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Construction Manager shall comply with the following: �s 30.4.1. All Owner facilities are smoke free. Smoking is strictly prohibited; 30.4.2. Construction Manager shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 30.4.3. All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 30.4.4. All Employees shall at all times comply with OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and B1UMORNE CONSTRUCTION C ., INC, Packet Pg. 3473 facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; and 30.4.5. All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated,from time to time, by Owner in writing. 31. PROJECT MEETINGS. 31.1. Prior to the commencement of Work, Construction Manager shall attend a preconstruction conference with Owner and Design Professional and others as appropriate to discuss the Master Project Schedule,procedures for handling shop drawings and other submittals, and for processing 12 Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, Construction Manager shall attend any and all meetings convened by Owner or Design Professional with respect to the Project, when directed to �s do so by Owner or Design Professional. Construction Manager shall have its subcontractors and suppliers attend all such meetings (including the preconstruction conference) as may be directed by Owner or Design Professional. 0 32. MATERIAL SAFETY DATA SHEET. 32.1. If any chemicals, materials, or products containing toxic substances, as defined by Florida 0 Statutes or any local, state or federal statutes or regulations, are contained in the products used on site or incorporated into the construction by Construction Manager or any of its subcontractors, .:, Construction Manager shall provide to Design Professional and Owner a Material Safety Data U Sheet at the time of each delivery or prior to each new use of such product. i 33.AUDITING RIGHTS. 33.1. Construction Manager shall keep all records and supporting documentation which concern or relate to the Work hereunder in accordance with Florida law and regulations from the date of ®I termination of this Contract or the date the Project is completed,whichever is later or such longer period of time as may be required by law. Construction Manager shall require. all of its subcontractors to likewise retain all of their Project records and supporting documentation. Owner, and any duly authorized agents or representatives of Owner, shall be provided access to an such records and supporting documentation at any and all times during normal business hours upon request by Owner. Further, Owner, and any duly authorized agents or representatives of Owner, 06 shall have the right to audit, inspect and copy an of Construction Manager's and any subcontractor's Project records and documentation as often as they deem necessary and Construction Manager shall cooperate in any audit, inspection, or copying of the documents. This access, inspection, copying and auditing rights shall survive the termination of this Contract. 33.2. If at any time, Owner conducts such an audit of Construction Manager's records and documentation and finds that Construction Manager overcharged Owner, Construction Manager shall pay to Owner the Overcharged Amount which is defined as the total aggregate overcharged amount together with interest thereon (such interest to be established at the rate of 6% annum). If M. the Overcharged Amount is equal to or greater than $10,000.00, Construction Manager shall pay to Owner the Overcharged Amount and the Audit Amount which is defined as the total aggregate of Owner's reasonable audit costs incurred as a result of its audit of Construction Manager..Owner may recover the Overcharged Amount and the Audit Amount,as applicable,from any amount due or owing Construction Manager with regard to the Project or under any other agreement between BTR,401RE CONSTRU("'TION CO., INC. Packet Pg. 3474 U.7.b Construction Manager and Owner. If such amounts owed Construction Manager are insufficient to cover the Overcharged Amount and Audit Amount, as applicable, then Construction Manager hereby acknowledges and agrees that it shall pay such remaining amounts to Owner within seven (7) business days of its receipt of Owner's invoice for such remaining amounts. In no event shall the Overcharged Amount or the Audit Amount be deemed a reimbursable Cost of the Work. 33.3. This Article 33, including all access, inspection, copying, auditing, reimbursement and repayment rights shall survive the termination of this Contract. 34. COMPLIANCE WITH LAWS. 34.1. Construction Manager agrees to comply, at its own expense, with all federal, state and local 12 laws, codes, statutes, ordinances, rules, administrative orders, regulations and requirements applicable to the Project, including but not limited to those dealing with safety (including,but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Construction Manager �s observes that the Contract Documents are at variance therewith, it shall promptly notify Owner and Design Professional in writing. U) 34.2. Public Records Compliance. Construction Manager must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119,Florida Statutes,and made .:, or received by the County and Construction Manager in conjunction with this contract and related U to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Construction Manager. Failure of the Construction Manager to 21 abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that ®I proceeding. This provision shall survive any termination or expiration of the contract. The Construction Manager is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract,the Construction Manager is required to: (1) Keep and maintain public records that would be required by the County to perform the 06 service. (2) Upon receipt from the County's custodian of records,provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Construction Manager does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Construction Manager or keep and maintain public records that would be required by the County to perform the service. If the Construction Manager transfers all public records to the County 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 0apnlf�ItVa D0 Eu iT 51 BILTMORE CONSTRUIC-110IN CO., INC, Packet Pg. 3475 U.7.b 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 County, upon request from the County's custodian of records,in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records,the County shall immediately notify the Construction Manager of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Construction Manager does not comply with the County's request for records, the County shall 12 enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Construction Manager. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. U) The Construction Manager shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. 0 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, BRIAN BRADLEY AT PHONE# 305=292-3470 BRADLEY- BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH 2� Street, SUITE 408, KEY WEST, FL 33040. 35. SUBCONTRACTS. ®i 35.1. Construction Manager shall review the design and shall determine how it desires to divide the sequence of construction activities. Construction Manager will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Master Project Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval. Construction Manager shall take. into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 0 35.2. A subcontractor is any person or entity who is performing,furnishing, supplying or providing any portion of the Work pursuant to a contract with Construction Manager. Construction Manager shall be solely responsible for and have control over the subcontractors. Construction Manager shall negotiate all Change Orders, Construction Change Directives, Field Orders and Request for Proposals,with all affected subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest,prior to requesting approval of each Change Order from Owner. 35.3. Construction Manager shall not enter into a subcontract with any subcontractor, if Owner reasonably objects to that subcontractor. Construction Manager shall not be required to contract with anyone it reasonably objects to. At the time Construction Manager submits the GMP s== 52 :I15 Packet Pg. 3476 Amendment, Construction Manager shall also submit to Owner a.complete list of the names, addresses, licensing information and phone numbers of all subcontractors Construction Manager intends to use for each portion of the Work. The list of subcontractors cannot be modified, changed, or amended without prior written approval from Owner, whose approval shall not be unreasonably withheld. Construction Manager shall continuously update that subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. As part of the Project document file to be maintained by Construction Manager at the Project site, Construction Manager shall keep on file a copy of the license for every subcontractor and sub-subcontractor performing any portion of the Work,as well as maintain a log of all such licenses.All subcontracts between Construction Manager and its subcontractors shall be in writing and are subject to Owner's approval. Further, all subcontracts shall (I ) require each subcontractor to be bound to Construction Manager to the same extent Construction Manager is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the subcontractor, (2) provide for the assignment of the subcontracts from Construction Manager to Owner at the election of Owner upon termination of Construction Manager , (3) provide that Owner will be an additional indemnified party of the subcontract, (4) provide that Owner will be an additional insured on all insurance policies required to be provided by the subcontractor except workman's compensation, (5) assign all warranties directly to Owner, (6) identify Owner as an intended third-party beneficiary of the subcontract, and (7) incorporate 0 Exhibit C into all of its subcontracts. 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 Paragraph 35.3 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 1 sub-subcontractors. E 35.4. The subcontractor must agree to provide field (on-site) supervision through a named i superintendent for each trade(e.g.,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 five years. 06 35.5. - Unless otherwise expressly agreed to by Owner in writing, all subcontracts shall provide: 0 35.5.1. LIMITATION OF REMEDIES - 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 Owner or Design Professional or attributable to 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. 35.5.2. The subcontract shall require the subcontractor expressly agree that the foregoing subsection 35.5.1 constitutes its sole and exclusive remedies for delays and changes in the Work and thus eliminates any other remedies or claim for increase in the subcontract price, damages, losses or 53 B11 ORE CyONeti E`UCTION CO., Packet Pg. 3477 U.7.b additional compensation. Further, Construction Manager shall incorporate terms of the above paragraph in all of its subcontracts and require all subcontractors to similarly incorporate such terms into their sub-subcontracts. 35.5.3. 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 Construction Manager must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 35.5.4. When Construction Manager submits its GMP proposal to Owner,Construction Manager also shall identify in writing those portions of the Work it intends to perform with its own employees. Any and all work to be self-performed by Construction Manager, or any entity related to the Construction Manager via ownership,management, or control, must be approved in writing by Owner in its sole discretion prior to commencement of such work. The Construction Manager shall provide the Owner with a list of all businesses in which the Construction Manager's owners have any ownership interest if the business is engaged in the construction industry, including demolition and the supply of materials for construction, and the Construction Manager intends to solicit bids for any work on the Project from the business. The Construction Manager shall provide said list to the Owner prior to prequalifying bidders for the work. The 0 Owner shall determine whether any business listed may submit a bid or perform any work on the Project. �s 36. MARKET ANALYSIS AND SOLICITATION OF BIDS. 36.1. The purpose of this Paragraph is to insure that Construction Manager makes a genuine effort to stimulate subcontractor interest in the Project and maximize participation of potential qualified subcontractors in the bidding process. At all times Owner shall have access to and the right to require copies of all correspondence, records, files and other bid documents (including all bid i responses) with respect to the bidding process. Further, Construction Manager shall notify Owner of the date,time and place of all bid openings and Owner shall have the right to attend any and all such bid openings. All bid openings shall be conducted in Monroe County, Florida. 0 36.1.1. Construction Manager shall monitor conditions in the construction market to identify factors 'E that will or may affect costs and time for completing the Work. Construction Manager shall 06 make an analysis as necessary to (i) determine and report on availability of labor, materials, equipment, potential bidders, and possible impact of any shortages or surpluses of labor or material, and(ii)in light of such determination,make recommendations and take action as may be appropriate with respect to long lead procurement, separation of construction into bid packages, sequencing of Work, use of alternative materials, equipment or methods, other economics in design or construction, and other matters that will promote cost savings and is completion within the Contract Time. 36.1.2. As various bid packages are prepared for bidding, Construction Manager shall submit to e Owner and Design Professional in a manner suitable to Owner a list of potential bidders for their review and approval. Construction Manager shall be responsible for promoting and encouraging bid competition. 36.1.3. Construction Manager shall carry out an active program of stimulating interest of qualified - rNVAL DOCUMENTUJIM011RE CUNISTRUCTILON CO, INC. 54 Packet Pg. 3478 U.7.b subcontractors in bidding on the Work and of familiarizing those bidders with the requirements of this Project. As part of his program, Construction Manager shall conduct an information meeting for prospective subcontractors in conjunction with the Owner, not less than thirty (30) days prior to the solicitation of bids. 36.2 Construction Manager shall prepare invitations for bids and all other appropriate bid documents for all procurement of long lead items, materials and services, for subcontractor contracts and for site utilities. 36.3 As part of its bid preparation, Construction Manager shall review the specifications and drawings 12 prepared by 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 Construction Manager shall be brought to the attention of Owner and Design Professional in written form. �s 36.4 Construction Manager may award a subcontract to someone other than the lowest responsive and responsible bidder provided Construction Manager has first received Owner's express written consent to such award. Owner's consent to any such award will be at Owner's sole discretion. Whenever Construction Manager wishes to award a subcontract to someone who is not the lowest responsive and 0 responsible bidder, Construction Manager must notify Owner in writing,setting out in detail the reasons and justifications for the suggested award. �s 37. SECURING AGREEMENT. 37.1. 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 Contract 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 i for Construction Manager, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Contract. Construction Manager's compensation shall be adjusted to exclude any sums by which Owner determines the compensation 0 was increased due to inaccurate, incomplete, or non-current wage rates or other factual unit costs. 38. CHANGED CONDITIONS. 38.1. Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are(i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Construction Manager as part of its scope of site investigative services required pursuant to the terms of the Contract Documents,then Construction Manager shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than seven(7)calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if"they differ materially and cause an increase or decrease in Construction Manager's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to the Contract Amount or Contract Time, or both,for such Work.If Owner determines that the conditions at the site are not materially different �� zb - ,� r.,.T 55 AL Fl�Ca��7 Packet Pg. 3479 from those indicated in the Contract Document or not of an unusual nature or should have been discovered by Construction Manager as part of its investigative services, and that no change in the terms of the Contract is justified, Owner shall so notify Construction Manager in writing, stating its reasons. Claims by Construction Manager in opposition to such determination by Owner must be made within seven (7) calendar days after Construction Manager's receipt of Owner's written determination notice. If Owner and Construction Manager cannot agree on an adjustment to the Contract Amount or Contract Time, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 39. OWNER DIRECT PURCHASE. 39.1. Notwithstanding anything herein to the contrary,because Owner is exempt from sales tax and wishes 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. 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. Unless directed otherwise in writing by Owner, Construction Manager shall prepare requisitions to vendors selected by Construction Manager for all purchases of materials and equipment exceeding seventy-five thousand dollars($75,000.00),for execution by Owner,on forms provided by Owner. Construction Manager shall allow two weeks for execution of all such purchase orders 0 by Owner, except that Owner is under no obligation to execute purchase orders unless and until Construction Manager has processed deductive Change Orders in amounts equal to or exceeding the cumulative total of purchases executed or requested. Prior to its first application for payment and processing of any requisitions by Owner,Construction Manager will process one(1)deductive Change Order under the Agreement for the entire estimated amount of Owner Direct Purchases, inclusive of sales taxes. Should at any time the cumulative amount of requisitions requested by Construction Manager exceed the amount of deductive Change Orders previously processed, an additional deductive Change Order shall be required prior to the processing of additional i requisitions. Prior to the final payment, a final reconciliation of the Owner Direct Purchases will be performed and such deductive Change Order will be prepared for the Owner's review and approval. E 39.2. With respect to all direct purchases by Owner,Construction Manager shall remain responsible E for coordinating, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all direct purchases as to the extent allowed and required by section 212.08(6), Florida Statues and 12A-1.094 Florida Administrative Code. Notwithstanding anything herein to the contrary, Construction Manager expressly acknowledges and agrees that any materials or equipment directly purchased by Owner pursuant this section shall be included within and covered to the same extent as all other warranties provided by Construction Manager pursuant to the terms of the Contract Documents. Owner shall assign to Construction Manager any and all warranties U and rights Owner may have from any manufacturer or supplier of any such direct purchases by Owner as to the extent allowed by the Florida Statues. E END OF GENERAL TERMS AND CONDITIONS 56 Packet Pg. 3480 U.7.b EXHIBIT B SUPPLEMENTAL TERMS AND CONDITIONS 1. Construction Schedule: Construction Manager shall prepare and submit to Owner and Design Professional, for their review and approval, a Construction Schedule. The approved Construction Schedule shall be attached to the GMP Amendment. The Construction Schedule shall be integrated into the Master Project Schedule and as subsequently updated. 2. Following development and approval of the Construction Schedule as aforesaid, Construction Manager shall, at the end of each calendar month occurring thereafter during the period required to finally complete the Project, or at such earlier intervals as circumstances may require, update and/or revise the Construction Schedule which shall be submitted to Owner in duplicate. No additional compensation will be due Construction Manager for making such updates. Failure of Construction Manager to update, revise, and submit the Construction Schedule as aforesaid shall be sufficient grounds for Owner to find Construction Manager in substantial default hereunder and that sufficient cause exists to terminate the Contract or to withhold payment to Construction Manager until a schedule or schedule update acceptable to Owner is submitted. 0 U 3. Occupancy Schedule: Construction Manager shall jointly develop with Design Professional and Owner a detailed plan, inclusive of punch lists,final inspections,maintenance training and turn-over procedures, to be used for ensuring accomplishment of a smooth and phased transition from Us construction to Owner occupancy. The Construction Schedule shall include the occupancy schedule items listed herein. 21 0 4. Schedule Format: The Construction Schedule shall be planned and recorded with a Critical Path Method (CPM) schedule in the form of an activity-on-node diagram. All activity-on-node diagrams i shall include the Activity Identification, Activity Description, and the type of relationship between activities,including any lead or lag time.Further,the Construction Schedule shall incorporate and be based upon the Project milestone dates agreed to between Owner, Design Professional and Construction Manager. 5. The construction time for the Work, or any milestone, shall not exceed the specified Contract Time. 06 Logic or activity durations shall be revised in the event that any milestone or Contract completion date is exceeded in the schedule. 0 6. Float is defined as the amount of time between when an activity"can start" (the early start) and when U an activity "must start" (the late start). It is understood by Owner and Construction Manager that float is a shared commodity,not for the exclusive use or financial benefit of either party. Either party u has the frill use of the float until it is depleted. 7. Schedule Update Requirements: Construction Manager shall update the schedules monthly to show e actual, current progress. The updates shall include: a. Dates of activities actual starts and completions. b. Percent of Work remaining for activities started but not completed as of the update date. c. At Owner's request, a bar chart comparison of the updated schedule to the initial schedule. This diagram shall show actual and planned.performance dates for all completed activities. Packet Pg. 3481 d. All update information shall be an accurate representation of the actual Work progress. 8. Recovery Schedule: If the initial schedule or any current updates fail to reflect the Work's actual plan or method of operation, or a contractual milestone date is more than fifteen(15) days behind, Owner may require that a recovery schedule for completion of the remaining Work be submitted. The Recovery Schedule must be submitted within seven (7) calendar days of Owner's request. The Recovery Schedule shall describe in detail Construction Manager's plan to complete the remaining Work by the required Contract milestone date. The Recovery Schedule submitted shall meet the requirements as the original Construction Schedule. The narrative submitted with the Recovery Schedule should describe in detail all changes that have been made to meet the Contract milestone dates. 0 9. Overtime: If the corrective actions contained in the revised Project Schedule require Construction Manager, or its subcontractors, to work overtime, Owner will not be liable for any resulting claims for damages, delays, extras, accelerations, compaction, disruption, lost productivity, lost efficiency, overtime, supervision, additional labor or overhead expenses. Nothing contained in the Contract Documents will be construed to require Owner to make any payments for the cost of any overtime necessarily incurred or paid by Construction Manager in order to fulfill its obligation to complete the Work in accordance with the Project Schedule or within such other time limits as may be set forth in 0 the Contract Documents. 10. Change Orders: When a Change Order is proposed, Construction Manager must identify all logic changes as a result of the Change Order. Construction Manager shall include, as part of each Change Order proposal,a sketch showing all schedule logic revisions,duration changes,and the relationships 2 1 to other activities in the approved Construction Schedule. Upon acceptance of the sketch, Construction Manager will revise the Construction Schedule or current update. The logic changes required by the Change Order will be considered incidental to Construction Manager's work. No i separate payment will be made. U) 11. Subcontractor Change Order Pricing: Right to Verify Change Order Pricing Information. Construction Manager agrees that the Owner's Project Representative will have the right to examine the Construction Managers records to verify the accuracy and appropriateness of the pricing data used to price Change Order Proposal Requests. Even after a Change Order Proposal Request has 06 been approved, Construction Manager agrees that if the Owner or Owner's Project Representative later determines the cost and pricing data submitted was inaccurate, incomplete,not current or not in compliance with the terms of the Agreement regarding pricing of Change Orders;then an appropriate contract price reduction will be made. 12. In the event that the total of Cost of the Work,including the Construction Manager's Fee,is less than t s the GMP after giving effect to adjustments for changes in the Work,then the difference between the Cost of the Work, including Construction Manager's Fee and the GMP is defined herein as "Buyout E Savings". All Buyout Savings shall accrue to the Owner. The tracking and reporting of Buyout Savings to the Owner's Project Representative is the responsibility of the Construction Manager. After the GMP has been "bought out", the Construction Manager is required to provide in writing, and in a format deemed suitable by the Owner, a reconciliation of the referenced savings by individual trade or subcontractor contract. The Owner's Project Representative shall review and approve the Buyout Savings reported, and the Construction Manager shall be required to modify the G �Rif37 ',/kL D 0 C U M E N T 58 Packet Pg. 3482 Schedule of Values to include a"Buyout Savings" line item. Prior to the use of Buyout Savings, the Construction Manager must submit a request, signed by the Architect, to the Owner's Project Representative for approval.All remaining Buyout Savings remaining upon completion of the project shall be returned to the Owner as Project Savings and shall exclude the Construction Manager's Fee applied at time of GMP. 13. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVEATIVE ACTION. The Construction Manager shall comply with applicable laws,regulations and special requirements of the Contract Documents regarding equal employment opportunity and affirmative action programs. 14. PUBLIC ENTITIES CRIMES ACT. The Construction Manager is directed to the Florida Public Entity Crimes Act, Section 287.133, Florida Statutes, and the Owner's requirement that the Construction Manager comply with it in all respects prior to and during the term of the Agreement. U) 0 0 i 2 0 E i U) 06 UNMADE CONSTRUCTION CO., INC. Packet Pg. 3483 EXHIBIT C INSURANCE REQUIREMENTS The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Worker's Compensation Statutory Policy Limits Employers Liability $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease $1,000,000 Bodily Injury by Disease, each employee �s General Liability,including $4,000,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability 0 Personal Injury Liability Business Automobile Liability $1,000,000 Combined Single Limit (Owned,non-owned,hired vehicles) i Professional Liability $2,000,000 per Occurrence $2,000,000 Aggregate i Builder's Risk: Required Limits equal to the full replacement value of the completed structures U) 06 �s �s ORaA N Fa 98 �''N r,04�SMC_110N CO-. ��4C0 60 Packet Pg. 3484 EXHIBIT D Master Project Schedule C 0 TBD C 0 C 0 �s �s U) 0 0 �s �s i 2 0 E i U) C 0 C 06 0 �s �s C LL� 4 61 IU�?�ORE CC)N1STRUC7110[\A' CO-5 � �o Packet Pg. 3485 EXHIBIT E Construction Manager's Staffing Schedule �s �s �s i 0 i U) 06 �s BiLTMORE CONSTRUCTION CO., IM �s Packet Pg. 3486 U.7.b A�® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 1/12/2018 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 CONTACTNAME: Val Hendrickson Cobb Strecker Dunphy&Zimmermann PHONE FAx 225 South Sixth Street Arc No Ext:612-349-2446 A/c No): STE 1900 ADDRESS: vhendrickson@csdz.com Minneapolis MN 55402 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Indian Harbor Insurance Company 36940 INSURED BILTCONI INSURER B: Biltmore Construction Co., Inc. 1055 Ponce De Leon Blvd INSURERC: Belleair, FL33756 INSURERD: INSURER E: O INSURER F: U COVERAGES CERTIFICATE NUMBER:1325074841 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MMIDD/YYW MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO_7RENTE CLAIMS-MADE F—IOCCUR PREM SES(Ea occur ence) $ O MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY D PRO JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ �l Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Al. OV Y RIS A AGEMENT $ l UMBRELLA LIAB ff OCCUR r i EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE DATE AGGREGATE $ DIED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT 8 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE 5 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability PECO04885101 1/1/2018 1/1/2019 Each Act: $2,000,000 06 Pollution Liability Each Condition: $2.000,000 Policy Aggregate: $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 0 BCC Project#986:Plantation Key Judicial Courthouse and Detention Facility CMAR Services,88770 Overseas Hwy,Tavernier,FL 33070 The following supersedes the cancellation wording:Should any of the above described policies be cancelled before the expiration date,30 Days written notice (10 Days for Non-Payment)will be delivered to the certificate holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 500 Whitehead Street AUTHPIRIZEDREPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 3487 U.7.b DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 1/4/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE 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 endorsee If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement c this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Val Hendrickson Cobb Strecker Dunphy&Zimmermann PHONE FAX 225 South Sixth Street Arc No Ext: 612-349-2446 Arc No: E-MAIL Suite 1900 ADDRESS: vhendrickson@csdz.com Minneapolis MN 55402 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Zurich American Insurance Company 1653E INSURED BILTCONI INSURER B:American Guarantee&Llab Ins CO 26247 Biltmore Construction Co., Inc. 1055 Ponce De Leon Blvd INsuRERc: Belleair, FL 33756 INSURER D: INSURER E: INSURER F: O L) COVERAGES CERTIFICATE NUMBER:1649267371 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIC INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. t) INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICYNUMBER MM/DD/YYYY MMIDD/YYYY LIMITS O A X COMMERCIAL GENERAL LIABILITY GL0008451103 1/1/2018 1/1/2019 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $1,000,000 X Contr Liab per MED EXP(Any one person) $15,000 X Policy Fom/XCU PERSONAL&ADV INJURY $1,000,000 IL GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY a JE� LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY BAP008451203 1/1/2018 1/1/2019 COMBINED SINGLE LIMIT $ App ED Y IS (MANAGEMENT Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ O OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS BY HIRED NON-OWNED _ PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY DATE Per accident X Camp:$1,000 IX Coll:$1,000 Hired Auto Phys Dmge $ACV B X UMBRELLA LIAB X OCCUR AUC578165504 1/1/2D18 1/1/2019 EACH OCCURRENCE $20,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $20,000,000 DED I X RETENTION$0 $ B WORKERS COMPENSATION WC008451403 1/1/2018 1/1/2019 X STATUTE ORH AND EMPLOYERS'LIABILITY Y r N tm ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000 0 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 06 A Leased or Rented Equip/ACV CPP105206803 1/1/2018 1/1/2019 $1,000 Deductible $250,000 Per Item Property-Specific/Repl,Cost $5,000 Deductible $1,113,918 O DESCRIPTION OF OPERATIONS r LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) �$ BCC Project#986:Plantation Key Judicial Courthouse and Detention Facility CMAR Services,88770 Overseas Hwy,Tavernier, FL 33070 Additional Insured only if required by written contract with respect to General Liability,Automobile Liability and Umbrella/Excess Liability applies on a primary basis and the Insurance of the Additional Insured shall be Non-Contributory:Certificate Holder,Project Owner and Others as required by written contract. L) Waiver of Subrogation only if required by written contract with respect to General Liability,Automobile Liability,Workers Compensation and Umbrella/Excess Liability applies in favor of:Certificate Holder,Project Owner and Others as required by written contract., See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 500 Whitehead Street AUT RIZEDREPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATIO All rffinhfQ ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 3488 U.7.b AGENCY CUSTOMER ID: BILTCONI _ LOC#: ACOORDO® ADDITIONAL REMARKS SCHEDULE Page 1 of_ AGENCY NAMEDINSURED Cobb Strecker Dunphy&Zimmermann Biltmore Construction Co., Inc. 1055 Ponce De Leon Blvd POLICY NUMBER Belleair,FL 33756 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The following supersedes the cancellation wording:Should any of the above described policies be cancelled before the expiration date,30 Days written notice (10 Days for Non-Payment)will be delivered to the certificate holder. U) 0 0 U U I 0 E I U) ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 3489 cJ`twuerQ 4o-�°°° �� Kevin Madok, CPA o: o ''' • Clerk of the Circuit Court& Comptroller—Monroe County, Florida Rp f coUN• DATE: May 2, 2018 TO: Raymond Sanders, PM Project Management THRU: Tammy Sweeting Executive Assistant E FROM: Pamela G. Hanc 4ck, .C. SUBJECT: March 21 st BOCC Meeting 0 �s Enclosed is a duplicate original of Item C18, Guaranteed Maximum Price from the Biltmore Construction Co., Inc. Construction Manager at Risk proposal for the construction of the Magnolia Street Fuel Storage and Distribution System Relocation Project, for your handling. 0 Should you have any questions,please feel free to contact me at extension 3550. 0 �s 00 �s cc: County Attorney Finance File A i 0 E KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305 Packet Pg. 3490 U.7.d I Monroe County Fuel Island Relocation Project Plantation Key Judicial Center & Detention Facility Guaranteed Maximum Price Proposal U February 8, 2018 U) 00 �r v r- 4� i87 G6 kr Packet Pg. 3491 U.7.d BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price (GMP)Proposal GMP 986-001 TABLE OF CONTENTS ❖ Article 1—Guaranteed Maximum Price(GMP) Proposal •'• Project Summary 0 ❖ Exhibit A-Enumeration of Contract Documents ❖ Exhibit B-Allowance Items 0 ❖ Exhibit C-Assumptions and Clarifications 00 ❖ Exhibit D-Construction Schedule cv ❖ Exhibit E-Alternates g, I I 0 E 4i Page 1 e Packet Pg. 3492 U.7.d BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price (GMP) Proposal GMP 986-001 ARTICLE 1-Guaranteed Maximum Price(GMP) Proposal Biltmore Construction Co., Inc. proposes to complete the work,as described herein,for the Guaranteed Maximum Price of: FIVE HUNDRED THIRTY SIX THOUSAND NINE HUNDRED TWELVE DOLLARS ($536,912.00). This Price is for the performance of the Work as described herein and in accordance with the Contract Documents. 0 By acceptance of the GMP and issuance of a Purchase Order and/or Notice to Proceed, Monroe County hereby incorporates the GMP into the Agreement between Owner and Construction Manager. U) 0 0 00 cv i i 0 E Page 2 e t Packet Pg. 3493 U.7.d BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price (GMP) Proposal GMP 986-001 PROJECT SUMMARY The project includes the demolition of the existing fuel island (gas and diesel)at Monroe County Government Center.The gas tanks and pumps are to be decommissioned and relocated to the new fueling facility located at 300 Magnolia Street in Key Largo.The canopy at the existing Monroe County Government Center will remain in place and be removed during future phase. The existing fuel lines will capped for future removal during construction of the new Monroe County Government Center. 0 U) 0 0 00 cv i i 0 E Page 3 e Packet Pg. 3494 U.7.d BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price (GMP) Proposal GMP 986-001 EXHIBIT A—Enumeration of Contract Documents Contract Documents include: the Drawings,Specifications,Addenda (Construction Documents),the Agreement, General Conditions,Supplementary Conditions as expressly noted herein, and this Exhibit A, as well as the Guaranteed Maximum Price(GMP) Proposal in its entirety. This GMP Proposal is expressly recognized as a Contract Document inasmuch as it forms the basis upon which the Guaranteed Maximum Price is based. As such,in the event there is any disagreement, conflict,or ambiguity between the GMP Proposal and any other Contract Document, the GMP Proposal shall govern. 0 The Owner's issuance of any Notice to Proceed, Purchase Order,or any other written directive or instructions to proceed with the Work,after this signed GMP Proposal has been delivered by Biltmore to the Owner,shall constitute an express acceptance of the foregoing Enumeration of Contract Documents and the enforceability thereof. 0 See Attached Exhibit"A" Enumeration of Documents 0 CL 00 cv CL i 0 Page 4 e Packet Pg. 3495 U.7.d Enumeration of Documents Exhibit"A" Biltmore Construction Co.,Inc. Date: 1/26/2018 1-0988 Monroe County Fuel Island Number Title Date Rev. Received Date Status Comments Architectural A1.00 General Notes 5/22/2017 11/21/2017 For Permit prepared by CSA Architects A1.01 Site Plan 5/22/2017 11/21/2017 For Permit prepared by CSA Architects A1.02 Enlarged Site Plan 5/22/2017 11/21/2017 For Permit prepared by CSA Architects A1.03 Site Details 5/22/2017 11/21/2017 For Permit prepared by CSA Architects �y Civil 1 of 1 Drainage Plan 4/7/2017 11/21/2017 For Permit prepared by CSA Architects Electrical E-0.1 Electrical Notes,Legend,and 5/22/2017 11/21/2017 For Permit prepared by CSA Schedules Architects U) E-1.1 Electrical Plan 5/22/2017 11/21/2017 For Permit prepared by CSA C Architects E-2.1 Enlarged Electrical Plan 5/22/2017 11/21/2017 For Permit prepared by CSA C Architects E-3.1 Electrical Riser and Panel Schedules 5/22/2017 11/21/2017 For Permit prepared by CSA Architects 00 Plumbing cv P-1.1 Enlarged Plumbing 5/22/2017 11/21/2017 For Permit prepared by CSA Architects Utilities G01 (1) Cover Sheet 5/22/2017 11/21/2017 For Permit prepared by CSA I Architects PE01 (2) Existing Facility Removal Plan 5/22/2017 11/21/2017 For Permit prepared by CSA Architects PE02(3) Existing Site Conditions and 5/22/2017 11/21/2017 For Permit prepared by CSA Proposed Work Area Plan Architects PE03(4) Petroleum System Installation Plan 5/22/2017 11/21/2017 For Permit prepared by CSA Architects �l PE04(5) Petroleum Related Details 5/22/2017 11/21/2017 For Permit prepared by CSA C Architects PE05(6) Petroleum Related Additional Details 5/22/2017 11/21/2017 For Permit prepared by CSA Architects Biltmore Construction Co., Inc/Original Document Packet Pg. 3496 U.7.d BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price (GMP)Proposal GMP 986-001 EXHIBIT B—Allowance Items The Allowances noted below represent reasonably anticipated values included in this GMP Proposal to cover the cost of certain items absent or not specified in sufficient detail in the Construction Documents as listed in the ENUMERATION OF CONTRACT DOCUMENTS Section of this GMP Proposal or for which uncertainty remains. The amount of the Allowance stipulated herein is inclusive of all labor, materials, equipment taxes, delivery,insurances, bond and fees necessary to perform the anticipated work, unless otherwise noted. 0 U Allowances for work as represented in this GMP Proposal govern over the actual items contained in the Contract Documents. Variations between the Allowance values and the actual cost of these prescribed items may be reflected in add or deduct Change Order(s)to this GMP Proposal. U) The ASSUMPTIONS AND CLARIFICATIONS section of this GMP Proposal may provide a more detailed o description of these Allowances. 0 ALLOWANCE DESCRIPTION OF ALLOWANCE AMOUNT 00 Builder's Risk Insurance Allowance $5,369.00 Air Compressor Allowance $2,500.00 t3 0 E Page 5 e t Packet Pg. 3497 U.7.d BIELTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price(GMP) Proposal GMP 986-001 EXHIBIT C—Assumptions and Clarifications The Contract Documents are amended by Biltmore Construction Co.,Inc.as follows: 1. The following are not included in the GMP Proposal: A. Survey of Asbestos Containing Material or any other hazardous or unsuitable material, unless specifically noted as an item included in the Scope of Work. 0 B. Impact Fees/Inspection Fees. �3 C. Performance Specifications. 2. Warranties and Guarantees: 0 A. Biltmore Construction Co.,Inc.Warranties and Guarantees 0 U Biltmore Construction Co., Inc.warrants to the Owner that the materials and workmanship furnished under this Contract will be of good quality and new unless otherwise required or 00 `L permitted by the Construction/Contract Documents,that the Work will be free from defects not 17 inherent in the quality required or permitted,and that the Work will conform with theIr- requirements of the Construction/Contract Documents. Work not conforming to these requirements may be considered defective. Biltmore Construction Co., Inc.'s warranty excludes �3 remedy for damage or defect caused by insufficient maintenance, improper operation,or normal wear and tear under normal usage. The term and duration of this express warranty is one (1)year from the Date of Substantial Completion. The provisions herein shall not prevent the Owner from proceeding directly against the manufacturer and/or installer for such longer T period of time as allowed by State Statute. B. Installer/Subcontractor Warranties and Guarantees The Subcontractor shall warrant to the Owner and to Biltmore Construction Co.,Inc.that all 2 workmanship and materials are free from defects in installation. The express warranty/guarantee shall be consistent with the durations stipulated in the Construction/Contract Documents. The period customarily being one 1 year from the Date of Substantial Completion established in the Construction/Contract Documents. Notwithstanding anything to the contrary, neither Biltmore Construction Co., Inc., nor its Surety, nor the Subcontractor shall have any joint/several liability relating to, nor shall they be obligated Page 6 e Packet Pg. 3498 U.7.d BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price(GMP) Proposal GMP 986-001 to underwrite,or in any way become guarantor(s)of any manufacturer's warranty/guaranty or product to the Owner. The Owner shall be provided with the "standard" manufacturer's warranty,and it shall satisfy the requirements under the Construction/Contract Documents relating thereto. C. Manufacturer's Express Warranties/Guarantees Biltmore Construction Co.,Inc.shall collect and transmit to the Owner any and all standard manufacturer's warranties and standard manufacturer's guarantees specified in the Construction/Contract Documents. The obligation and liability of Biltmore Construction Co., Inc. 0 and/or its Surety is limited to the collection and proper transmittal of these warranties and guarantees to the Owner. D. Extended Warranties U) This proposal is qualified to include only those extended warranties available as standard from the manufacturers. The Contractor, installers,and applicators will not provide extended warranties or guarantees. 3. Special conditions relating to Owner purchased/Contractor installed items and associated tax 00 exemptions: 17 Ir- cv Notwithstanding any provision to the contrary,should the Owner elect to purchase items directly and avoid any sales taxes or other taxes,the Owner will defend, indemnify, and hold t3 harmless Biltmore Construction Co., Inc.absolutely from and against any claim,audit, investigation,cost,or assertion of any kind made by,or on behalf of,the Florida Department of Revenue or other such agency that may arise during and/or subsequent to the completion of the project. Under no circumstances shall Biltmore Construction Co., Inc. or its subcontractors U) be liable for the sales taxes associated with the Owner purchased items. 4. Builder's Risk Insurance: Biltmore Construction Co. Inc.shall purchase and maintain, until the date of Substantial Completion of this project,a standard Special Form (all"Risks of Physical Loss")Completed Value Builder's Risk insurance policy in the amount of the initial contract sum (GMP), including any subsequent modifications thereto, insuring the interests of the Owner, Biltmore Construction Co., Inc.,and Subcontractors in the Work under this contract.A separate flood policy will be included as part of this 0 insurance. Page 7 e Packet Pg. 3499 U.7.d BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price(GMP) Proposal GMP 986-001 All premiums and deductible costs related to this property insurance shall be seen as cost of the work and paid by the Owner. A. The following items are the responsibility of the Owner and are not included in this GMP: Property insurance premiums and/or deductible costs. 1. Property insurance coverage on existing buildings and/or contents. 2. Property insurance coverage on the Work under this Contract after the date of Substantial Completion. e� 5. Basis of this GMP Proposal relative to 100% Drawing Document Review Comments and other potential design change'subsequent to the submittal of this proposal: �3 This proposal is provided based on the final design documents unpermitted. Ifthe Scope of Work changes or permit review requires additional changes to the work the GMP Proposal and its associated costs are subject to change. 0 6. Time and Price-Impacted Materials& Equipment(Escalation/Availability of Materials): 0 U As of the date of this Contract Agreement and/or during the performance of the Work,certain markets providing materials and equipment necessary to complete the Project may experience 00 significant industry-wide fluctuation in cost,delivery,and availability. As a result,should there 17 Ir- be any fluctuations that materially affect the cost,delivery,and/or availability of such items, regardless if same should occur before the acceptance of the GMP Proposal,or subsequent to the acceptance,the Owner agrees to make an equitable adjustment in the Contract Time and/or g, Guaranteed Maximum Price as applicable. Notwithstanding any other provision to the contrary, the Contractor shall not be liable to the Owner for any expenses, losses or damages arising from Wi a delay in delivery of a potentially time and price impacted material/equipment item not the fault of the Contractor. U) 7. Subcontractor Payments: Notwithstanding anything to the contrary,the Owner specifically acknowledges and agrees that the Construction Manager(Contractor)operates on a pay-when-paid basis with its subcontractors,and nothing contained herein or elsewhere shall be interpreted to require the Construction Manager o and/or its Surety to remit any payment(including final payment)to subcontractors prior to the receipt of payment(including final)from the Owner. 8. No cost is included for any Florida Keys Electric Co-Op work related to primary power. E 9.This GMP is not a line item GMP and the costs should not be considered as such. Page 8 e• Packet Pg. 3500 U.7.d BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price (GMP) Proposal GMP 986-001 10.This proposal includes only twenty(20)vertical feet of foundations for the Canopy System as none are currently indicated on the construction documents. 11. No soil remediation at the existing Monroe County Government Center is included in this proposal. 12.Signage included in this proposal is for the gas tanks and pumps only.All other signage to be provided by Owner. 13.All work is to be done during normal work hours. No overnight work is included in this GMP. 14.All finishes are included as specified on the drawings and specifications.All colors are to be selected from normal range of colors unless specified. 15. Utility consumption costs,other than temporary utilities for construction,are excluded. 0 16. Re-filling of existing gas/diesel tank at 300 Magnolia Street is not included in this proposal. 0 U 17.The Owner is required to have the existing gas/diesel tank at the Monroe County Government Center to contain 100 gallons of gas or less in the tank prior to removal. 00 18.The removal of the existing canopy at the fuel island at the Monroe County Government Center is not included in this proposal and will be included in a future phase. 19.The removal of the existing fuel lines(gas/diesel) at the existing fuel island at.the Monroe County Government center is not included in this proposal and will be included in a future phase. Capping of the existing lines is included in this proposal. 20.An allowance of$2,500.00 has been included for an Air Compressor. Please see the"Guaranteed Maximum Price Breakdown"which follows. 0 E Page 9 e Packet Pg. 3501 U.7.d B]ILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price(GMP) Proposal GMP 986-001 GUARANTEED MAXIMUM PRICE BREAKDOWN --Base GMP"--- Bid/Trade Itemized Description of the Work Amount lA General Works $2,500.00 3A Cast-In-Place Concrete $92,345.00 9G Painting $1,200.00 11A Fuel Pumps/Tank Relocation $68,700.00 11B Canopy $33,106.00 U 11C Air Compressor Allowance $2,500.00 22A Plumbing $45,000.00 26A Electrical $83,150.00 32A Fencing $5,950.00 0 I $334,451.00 I Subcontractor Direct Cost(SDC) Liability Insurance $5,369.00 Performance and Payment Bond $5,369.00 ,L Permits $6,383.00 00 Builders Risk Insurance Including Deductible Expenses Allowance $5,369.00 General Conditions/Requirements $23,684.00 Construction Phase Fee $103,255.00 Construction Cost Budget(CCB) $483,880.00 Overhead and Profit 7%of GMP $35,125.00 00 005 519, . U) Total Construction Budget(TCB) $ U) Contingency(5%of SDC) $17,907.00 Total Guaranteed Maximum Price(GMP) $536,912.00 I 0 E Page 10 e Packet Pg. 3502 U.7.d BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price(GMP) Proposal GMP 986-001 GENERAL REQUIREMENTS DESCRIPTION UNIT COST PER MONTH TOTAL Cell Phones 4 months x$400.00 per month $1,600.00 IT Costs 1 Lump Sum $500.00 Office Supplies 4 months x$100.00 $400.00 Postage&Delivery 4 months x$120.00 per month $480.00 Temporary Labor 128 Man Hours x$43.00 per hour $5,504.00 Rubbish Removal 4 Pulls x$700.00 $2,800.00 First Aid Supplies 4 months x$60.00 $240.00 Fire Extinguisher 1 Lump Sum $100.00 U) Security Fencing 1 Lump Sum $220.00 Temporary Water 4 months x 75.00 per month $300.00 Temporary Sanitation 4 months x$140.00 per month $560.00 Survey I Lump Sum $3,000.00 Quality Control Testing I Lump Sum $4,385.00 As Builts/Close-Out 1 Lump Sum $1,250.00 00 Video Progress Photos/Aerial 1 Lump Sum $1,695.00 Photos Extra Plans&Specs 1 Lump Sum $250.00 Small Tools 4 months x$100.00 per month $400.00 I Total $23,684.00 I 0 E Page 11 e t Packet Pg. 3503 U.7.d BIELTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price(GMP) Proposal GMP 986-001 CONTRACTOR'S PHASE FEE DESCRIPTION UNIT COST PER MONTH TOTAL Project Executive 188 MH x$90.03 per hr $16,925.64 Project Manger 281 MH x$57.96 per hr $16,286.76 Project Engineer 281 MH x$26.34 per hr $7,401.54 General Superintendent 140 MH x$63.64 per hr $8,909.60 Superintendent 693 MH x$63.64 per hr $44,102.52 Job Clerical 270.1 MH X$33.00 per hr $8,913.30 Safety Director 1 Lump Sum $715.64 U U) 0 0 00 cv Total $103,255.00 CL 0 E 4i Page 12 0 Packet Pg. 3504 U.7.d BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price (GMP) Proposal GMP 986-001 EXHIBIT D—Construction Schedule Subject to the ASSUMPTIONS AND CLARIFICATIONS contained herein,the anticipated construction period shall be ONE HUNDRED Forty Nine(149)Calendar days from notice to proceed to achieve Substantial Completion,after receipt, by Biltmore Construction Co., Inc.,of all of the following requirements: • Execution of the Guaranteed Maximum Price Amendment of the Agreement Between Owner and Biltmore Construction Co., Inc. • Receipt of the Written Notice to Proceed. 0 • Receipt of all required Permits. • Recorded Notice of Commencement(as applicable). • Construction site available to commence construction activity. • Utilities disconnected and/or relocated as necessary to commence construction. 0 Final Completion shall be within Thirty 30) calendar days following the Date of Substantial Completion of 0 the Work. A more detailed CPM Project Schedule will be provided in accordance with the requirements of the 00 Agreement between Owner and Biltmore Construction Co., Inc. 17 Ir- cv IL I 0 E Page 13 e t Packet Pg. 3505 U.7.d Monroe County Fuel Island Relocation Project 988 . 0 ID Task Task Name Duration Start Finish Predecessors uarter 1st Quarter 2nd Quarter 3rd Quarter Mode Nov Dec Jan Feb Mar A r Ma Jun lul Au Se 1 MPreconstruction 2 MP+ Permitting 0 days Tue 12/5/17 Tue 12/5/17 112/5 3 W, Bidding 20 days Tue 12/5/17 Mon 1/1/18 2 4 05 Tabulate and Review Bids 10 days Tue 1/2/18 Mon 1/15/18 3 �3 5 0% Prepare GMP 5 days Tue 1/16/18 Mon 1/22/18 4 6 w., GMP Review and Approval 10 days Tue 1/23/18 Mon 2/5/18 5 7 —. Notice to Proceed 10 days Tue 2/6/18 Mon 2/19/18 6 =mConstruction - 9 N.** Submittals 20 days Tue 2/20/18 Mon 3/19/18 7 t3 10 r; Mobilization 5 days Tue 3/20/18 Mon 3/26/18 9 11 Site Work&Drainage 5 days Tue 3/27/18 Mon 4/2/18 1000 I 12 N., Foundations 20 days Tue 4/3/18 Mon 4/30/18 11 13 1 Underground Electric&Controls 8 days Tue 5/1/18 Thu 5/10/18 12 14 w., Underground Water&Air 5 days Fri 5/4/18 Thu 5/10/18 13FF 15 W', Canopy 5 days Fri 5/11/18 Thu 5/17/18 14 16 Slab on Grade 13 days Fri 5/18/18 Tue 6/5/18 15 17 !, Tank Relocation 5 days Wed 6/6/18 Tue 6/12/18 16 18 Fuel Lines&Dispensers 12 days Wed 6/13/18 Thu 6/28/18 17 19 Electrical 7 days Wed 6/20/18 Thu 6/28/18 18FF 20 NP4 Water&Air 6 days Thu 6/21/18 Thu 6/28/18 18FF A 21 W+ Controls 10 days Fri 6/15/18 Thu 6/28/18 18FF q1 Fencing 14 days lWed 6/13/18 Mon 6/18/18 117 Project Close-Out (L - - - 24 IFinal Inspections 5 days Fri 6/29/18 Thu 7/5/18 21 25 ! Substantial Completion 0 days Thu 7/5/18 Thu 7/5/18 24 26 Punch List 1 day Fri 7/6/18 Fri 7/6/18 25 27 Punch list Work 5 days Mon 7/9/18 Fri 7/13/18 26 Tue 1/30/18 Page 1 Biltmore Construction Co.,Inc. Packet Pg. 3506 U.7.d Monroe County Fuel Island Relocation Project 988 ID Task Task Name Duration Start Finish Predecessors uarter 1st Quarter 2nd Quarter 3rd Quarter Mode Nov Dec Jan Feb Mar Apr Ma Jun Jul Au Se 28 w Final Completion 0 days Fri 7/13/18 Fri 7/13/18 27 ¢ 7/13 t) 0 0 00 cv I 888 I 0 E Tue 1/30/18 Page 2 Biltmore Construction Co.,Inc. Packet Pg. 3507 U.7.d BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price(GMP) Proposal GMP 986-001 EXHIBIT E—Alternate Prices DESCRIPTION AMOUNT e� 0 Alternate No.1 (1) New Gas Boy Duel Product Duel Hose Gasboy#9153 $10,059.00 Alternate No.2(2)Single Phase Control Box $569.00 Alternate No.3(2) 1.5 HP STP Submersible Transfer Pumps $3,802.00 0 NOTE: Election to accept any or all of the above alternates must be made no later than 00 (451 days from the date of the Notice to Proceed in order to not affect price or schedule.All alternates include all fees. v i i 0 E 4i Page 14 e ' .r A Packet Pg. 3508 MBILTMO-L-vu CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price (GMP) Proposal GMP 986-001 PROPOSAL TERM This GMP Proposal must be accepted in writing by the Owner on or before April 30, 2018. After said date,this GMP Proposal shall be null and void, absent the express written acceptance by Biltmore Construction Co., Inc. Biltmor ons=Co., Inc. 464) N 0 Signature C 5 Name:Vito DiRuggiero C-- -a Print Name —+n CD U r � � Title: Vice President 00 cv Monroe Count a U I By: Signature A Name: David Rice MONROE COUNTY ATTORNEYS OFFICE Print Name 3/2-1�xoi'S �A R EDAST O M 1 , PATRICIA EABLES . �I ASSISTANT COUN1`�ATTORNY . DATE• 5' t \X r, -'Title: _+' <Mayor DOVCLERK DEPUTY CLERK Page 15 e r Packet Pg. 3509 ' ® DATE(MM/DD/YYYY) A�o CERTIFICATE OF LIABILITY INSURANCE 3/22/2018 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 CONTACT NAME: Val Hendrickson Cobb Strecker Dunphy&Zimmermann PHONE FAX 225 South Sixth Street A/c No Ext:612-349-2446 Arc No): Suite 1900 ADDRESS: vhendrickson@r-sdz.com Minneapolis MN 55402 INSURERS AFFORDING COVERAGE NAIC# E INSURER A:Zurich American Insurance Company 16535 INSURED BILTCONI INSURER B:American Guarantee&Liab Ins Co 26247 Biltmore Construction Co., Inc. 1055 Ponce De Leon Blvd INSURERC: Belleair, FL 33756 INSURERD: INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:1328349486 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 O INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS t3 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 ADDLTYPE OF INSURANCE INSD SUER POLICY NUMBER MM DDPOLICYrYYYY MMr EFF POLICY LIMITS LTR (� A X COMMERCIAL GENERAL LIABILITY GL0008451103 1/1/2018 1/1/2019 EACH OCCURRENCE $1,000,000 CLAIMS-MADE �OCCUR APP ® 'IS EM�E PREM SES RENTEDDAMAGE ToEa occu ence $1.000.000 O X Contr Liab per BY f MED EXP(Any one person) $15.000 X Policy Forrn/XCU DAT ' PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2.000.000 POLICY� PRO-- I LOC WAIVER N/ YES._ PRODUCTS-COMP/OP AGG $2.000.000 OTHER: $ A AUTOMOBILE LIABILITY BAP008461203 1/1/2018 1/12019 COMBINED SINGLE LIMIT $ Ea accident 1 000 00000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED Cd AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X Comp:$1.000 X Coil:$1,000 Hired Auto Ph s Dm e $ACV �$ B X UMBRELLA LIAR X OCCUR AUC578165504 1/12018 1/12019 UJI EACH OCCURRENCE $20.000.000 EXCESS LIAB CLAIMS-MADE AGGREGATE $20.000,000 UJI DED I X I RETENTION$ $ B WORKERS COMPENSATION WC00a451403 1/1/2018 1/12019 X1 PER AND EMPLOYERS'LIABILITY Y/N STATUTE EERH ggg ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1.000.000 OFFICER/MEMBEREXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000.000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Leased or Rented Equip/ACV CPP105206803 1112018 1112019 $1,000 Deductible $250,000 Per Item Property-Speciric/Repl Cost $5,000 Deductible $1.113.918 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may he attached if more space is required) BCC Project#988:Fuel Island Relocation project,300 Magnolia Street,Key Largo,FL 33037 Additional Insured only if required by written contract with respect to General Liability,Automobile Liability and Umbrella/Excess Liability applies on a primary basis and the Insurance of the Additional Insured shall be Non-Contributory:Certificate Holder,Project Owner and Others as required by written contract. Waiver of Subrogation only if required by written contract With respect to General Liability,Automobile Liability,Workers Compensation and Umbrella/Excess E Liability applies in favor of:Certificate Holder,Project Owner and Others as required by written contract. O See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 500 Whitehead Street Key West FL 33040 AUT REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserver. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 3510 AGENCY CUSTOMER ID: BILTCONI LOC#: AC40RV ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Cobb Strecker Dunphy&Zimmermann Biltmore Construction Co.,Inc. 1055 Ponce De Leon Blvd POLICY NUMBER Belleair,FL 33756 CARRIER 7rAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The following supersedes the cancellation wording:Should any of the above described policies be cancelled before the expiration date,30 Days written notice (10 Days for Non-Payment)will be delivered to the certificate holder. O U) O O 00 cv I I O E 4i ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserves -- The ACORD name and logo are registered marks of ACORD Packet Pg. 3511 DUPLICATE ORIGINAL Docq 2164001 04/12/2018 3:01PM Filed & Recorded in Official Records of MONROE COUNTY KEVIN MADOK BCC JOB 988 THIS IS THE FRONT PAGE OF THE PERFORMANCE/PAYMENT BOND ISSUED IN COMPLIANCE WITH FLORIDA STATUTE CHAPTER 255.05,Public Work Doca 2164001 Bond Number: 82461185 Ska 2900 Pgo 2122 Contractor Name: Biltmore Construction Co., Inc. Contractor Address: 1055 Ponce de Leon Blvd.,Belleair,FL 33756 �s Contractor Phone Number: (727) 585-2084 Surety Company: Federal Insurance Company Surety Address: 202B Hall's Mill Road Whitehouse Station,New Jersey 08889 Surety Phone Number: (908) 903-5150 �s Owner Name: Monroe County Board of Commissioners Owner Address: 500 Whitehead Street 00 Key West, FL 33040 Owner Phone Number: Obligee Name: (if contracting entity N/A U is different from the owner,the contracting public entity) Obligee Address: Obligee Phone Number: Project No: Project Description: Fuel Island Relocation Project e E Project Address: 300 Magnolia Street, Key Largo,FL 33037 c Legal Description of Property: FRONT PAGE All other Bond page(s) are deemed subsequent to this page regardless of any page numbers(s) that may be pre-printed thereon. Packet Pg. 3512 Doca 2164001 Bka 2900 Pga 2123 DUPLICATE ORIGINAL PUBLIC CONSTRUCTION BOND BCC Job 988 Bond No. 82461185 BY THIS BOND, we, BILTMORE CONSTRUCTION CO., INC., 1055 Ponce de Leon Blvd., Belleair, FL 33756, as Principal and Federal Insurance Company, 202B Hall's Mill Road, Whitehouse Station, New Jersey 08889, a corporation, as Surety, are bound to Monroe County Board of Commissioners, 500 0 Whithead Street, Key West, FL 33040, herein called Owner, in the sum of ($536,912.00) FIVE HUNDRED THIRTY-SIX THOUSAND, NINE HUNDRED TWELVE AND NO/100 DOLLARS, for 0 payment of which we bind ourselves, our heirs,personal representatives, successors, and assigns,jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 0 1. Performs the contract dated January 29, 2018, GMP date March 7, 2018, between Principal and Owner for construction of Fuel Island Relocation Project, 300 Magnolia Street, Key Largo, FL 33037, the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract, and 0 2. Promptly makes payment to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying 1 Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorneys fees,including appellate proceedings,that 00 Owner sustains because of a default by Principal under the contract; and M 4. 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. i This Bond in all respects shall be deemed a statutory bond and shall be governed by Section 255.05, Florida Statutes, including, but not limited to, all notice and time provisions as set forth in 255.05 (2), Florida Statutes. U. Any changes in or under the contract documents and compliance or noncompliance with any formalities a. connected with the contract or the changes does not affect Surety's obligation under this bond. i 0 DATED on March 26,2018 BILTM NSTR ION CO.,INC. By: (SE o Vito Diruggiero,Vice President FED URANCE-C-OMPANY By: (S John E. Tauer,Attorney-in-Fact Packet Pg. 3513 Doca 2164001 BkO 2900 PgH 2124 CORPORATE ACKNOWLEDGMENT State of Florida ) )ss County of Pinellas ) On'this I day of A vr i L 2018 , before me appeared Vito Diruggiero to me personally known,who, being by me duly sworn, did say that he/she is the Vice President of Blitmore Construction Co.,Inc. , a corporation,that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of said corporation by authority of its Board of Directors, and that said Vito Diruggiero acknowledged said instrument to be the free act and deed of said corporation. o �,w.,,,�� 'DEBRAK.SCNAEFEA Notary Public Coun ,•i� t; Notary Public-Stab of Florida • Commisolon#F GG 037477 My commission expires ' Pa= My Comm.Expires Feb 4,2021 Bonded through National Notary Assn. 00 cv SURETY ACKNOWLEDGMENT �s State of Minnesota ) )ss Wi County of Hennepin ) On this 26th day of March 2018 , before me appeared John E.Tauer tome personally know,who being by me duly sworn, did say that(s)he is the Attorney-in-Fact of Federal Insurance Company , a corporation,that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said o John E.Tauer acknowledged said instrument to be the free act and deed of said corporation. �+�+Nrtiwv�vwvini,,.�.M/.vw'WVI�✓v��n a � RACHEL THOMAS wor�',lTi'ruauI--UNNESorA� Notary Public Ramsey County,Minnesota Commission Expires .lenuary 31,2ozo My commission expires 1/31/2020 •n.-,n,•.,•..vsNlnnn.•::v1rn�/wvV�M�nn.�•a Packet Pg. 3514 • U.7.d C H U EB.B 1 Bk# 29004001 PgN 2125 Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Melinda C. Blodgett, R. C. Bowman, R. Scott Egginton, Sandra M. Engstrum, R. W. Frank, Ted Jorgensen, Joshua R. Loftis, Kurt C. Lundblad, Brian J. Oestreich, Jerome T. Ouimet, Craig H. Remick, Nicole M.Stillings,John E.Tauer,Rachel A.Thomas,Lin Ulven,Colby D.White and Emily White of Minneapolis,Minnesota-------------------each as their we and lawful Attomey-in-Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed In the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate �seals on t�hisp25/'"day of September,2017. � Davin M.Chtorm Assistant Secretary Stephen M.Haney,Vice President O STATE OF NEW JERSEY CountyofHunterdon ' f.3 On this 25t°day of September,2017 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros,tome known to be Assistant Secretary of FEDERAL INSURANCE U) 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 O INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by °C� authority of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that she is acquainted with Stephen M. Haney,and knows him to be Vice President of said Companies;and that the signature of Stephen M Haney,subscribed to said Power of Attorney is in the genuine handwriting of (� Stephen M.Haney,and was thereto subscribed by authority of said Companies and in deponent's present:. Notarial Seal KATIarmJ.ADELAAR NOTARY PUKIC OF t1EW'JZMEY 00 r�r a ti4'R916EBG tC Cornrrrinlon Er�ia July 16,Z01� Notary Pdit w� Cd CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August30,2016: UU -RESOLVED,that the following authorizations relate to the execution,forand onbehalf of the Company,ofbonds,undertakings,recognizances,contracts and otherwritten commitments of the Company entered Into in the ordinary course of business(each a'Written Commitment"): UU (1) Each of the Chairman the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalfof the Company,under the seal of the Company or otherwise. m (2) Each duly appointed attorney-In-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company.under the seal of the Company or otherwise,to the extent that such action is authorized by thegrant 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,forand on behalfofthe Company,to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the IL Company as maybe specified in such written appointment,which specification may be by general type or class of Written commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate In writing to any other officer of the I Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise.such Written Conunitments of the Company as are specified In such written delegation•which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. O (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution.and the seal of the Company,maybe affixed by facsimile on such Written Commitment or written appointment or delegation FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority ofofficers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise ofany 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 (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in the U.S.Virgin Islands,and Federal is licensed in Guam,Puerto Rico, and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. MONROE COUNTY Given under my hand and seals ofsaid Companies at Whitehouse Station.NJ,this 26th day of March,2018 OFFICIAL RECORDS Davm M.Chloros,Assistant Secretarf IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFYTHE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER.PLEASE CONTACT US AT: Tele hone(908)903-3493 Fax(908)903-3656 a mafl:sure @chubb.com Form 1 s-to-0225B-U GEN CONSENT(rev.12-16) Packet Pg. 3515 U.7.e ;!�� pip' CURRIE Robert G. Currie, FAIA S O A R D S Jess M. Sowards,AIA, LEED AP AG U j 1 Jose N.Aguila,AIA, LEED AP a it c: t lecz t s October 23, 2018 Mr. Ray Sanders, Project Manager Monroe County Public Works & Engineering 1100 Simonton Street, Room 2-216 Key West, Florida 33040 Re: Plantation Key Courthouse& Detention Facility 12 Project No. 140404 Dear Ray: Following the meeting with the Board of County Commissioners (BOCC) on October 17, 2018, there are a few items that require additional confirmation as it relates to comments publicly made. U) 0 During Cary Knight's presentation, regarding the fountains, it was mentioned that the exterior fountain as well as the interior fountain we removed as a VE opportunity by Biltmore Construction. At the 0 meeting I confirmed with Travis Parker that the VE only applied to the exterior fountain and that the interior fountain remains in the approved bid. We will revise the drawings to show landscaping where the exterior fountain is currently shown. Z Another issue noted related to the added cost proposed for coating the coils of the HVAC units and providing a stainless-steel cabinet to protect against the elements. In fact, the base bid includes and 19 provides for a coil coating system so this should not be at an added cost. The only added issue were the cabinets. We asked our MEP engineer for his opinion of value and he felt that what was designed, 3 including to coil coating was more than sufficient to meet project needs and encouraged proper on- going maintenance instead. U) 0 During the meeting, I spoke with Holly Elomina, Court Administrator, and we agreed that the proposed alternate to the wood removal in the courtrooms was acceptable. I spoke with her again this morning and in summary she agreed to the following. o Courtrooms A&B,the walls would have, a six-inch wood stained base, then painted drywall up t/s to chair rail height(+48"), then painted drywall to the ceiling. We would then provide acoustical panels as directed by the consultant to provide proper acoustics for the space. The ceiling will keep the proposed design of the coffered look, however there will be no wood, only painted drywall. I spoke with Holly again today and confirmed that if possible she (and we)would like for the wood paneling to remain on the wall behind the judges' bench. We will propose that finish and leave it up to the GC to confirm whether it is covered in his bid for these two rooms only. o Courtroom C, will all have all painted drywall finishes on walls and ceiling. There will be a need for acoustical treatments on the walls and the plans will be revised to comply as needed. Architecture re Planning, Interiors, Sustainable Deign 185 NE 4th Avenue,Suite 101,Delray Beach,FL 33483 T 561-276-4951 F 561-243-8184 www.cso-orchitects.com Packet Pg. 3516 U.7.e As to the aluminum sunshade devices on the exterior windows. This was presented to the BOCC as a deleted item from the base bid. We as the architect are not in favor of this approach for a number of reasons, including aesthetics, and energy consumption perspective. I have asked our MEP engineer to prepare an analysis of the effect the removal of these sunshades will have on the energy consumption of the building. As soon as I have their report, I will pass along. We remain hopeful that before it is all said and done, there will be a way to include these into the project. We will have to address this item with the Village of Islamorada as the approved site plan approval drawings include these sunshades. as I will reach out to the various consultants to see what items will require VE plan changes and submit a proposal for you review and acceptance. Please let me know if there is anything else required of us. We remain very excited and optimistic at the success of this project now that it appears to be moving forward. Sincerely, CURRIE SOWARDS AGUILA ARCHITECTS Jose N. 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