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R19-0071 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16, 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R19- 007 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZE THE CITY MANAGER TO SIGN ADDENDUM ONE TO PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST UTILITY IMPROVEMENTS PHASE 2 SERVICES IN THE AMOUNT OF $3,233,885,33 FOR DESIGN SERVICES, AND A TOTAL PROJECT VALUE OF $10,000,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 15, 2018 the City Commission approved Resolution No. R18- 071 as a contract with RicMan International, Inc. for $3,233,885.33 for Phase 1 services that included design criteria review and value engineering, design development and early construction activities which included water main construction and tree removal/relocation, and WHEREAS, the contract also included design and permitting of a new wastewater force main that will serve residents in Ocean Ridge and the redevelopment project on Federal Highway and Woolbright Road and Phase 1 included a Design -Build fee which is the Design -Builders overhead and profit for the project. As a result of these negotiations the overhead and profit was fixed within the contract at 6.00%; and WHEREAS, the approved Phase 1 contract allowed the City and Design Builder to develop a detailed project budget for completion of the entire project; and WHEREAS, the approved Phase 1 included an estimate for the total project of $10,000,000 but due to the addition of the wastewater force main and elevated construction costs, the total project cost is currently $12,560,787.18 and with the $500,000 contingency amount the total allocation for the project would be $13,060,787.18; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to authorize the City Manager to sign Addendum One with Ric -Man 1 CAProgram Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\BDE2D30C-0645-4FEA-AEB7-007F689059BB\Boynton Beach. 14326.1. Addendum_One_To_Ric-Man_(Central_Seacrest_Corridor_Phase_2 )_-_Reso.Docx 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 International, Inc. in the amount of $9,826,901.85 that includes $9,326,901.85 for the completion of construction of the "PROGRESSIVE DESIGN BUILD FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II" and an additional $500,000 as a contingency to address any unforeseen conditions or issues during construction. The total cost for the contract will increase from $3,233,885.33 to $13,060,787.18. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize the City Manager to sign Addendum One with Ric -Man International, Inc. in the amount of $9,826,901.85 that includes $9,326,901.85 for the completion of construction of the "PROGRESSIVE DESIGN BUILD FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II" and an additional $500,000 as a contingency to address any unforeseen conditions or issues during construction. The total cost for the contract will increase from $3,233,885.33 to $13,060,787.18, a copy of Addendum One is attached hereto as Exhibit "A". 2 CAProgram Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\BDE2D30C-C645-4FEA-AEB7-007F689059BB\Boynton Beach. 14326.1.Addendum_One_To_Ric-Man_(Central_Seacrest_Corridor_Phase_2 )_-_Reso. Docx 501 51 1 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this LS�h day of 3 d4 Mi AWW, 2019. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Christina L. Romelus Commissioner — Mack McCray Commissioner — Justin Katz Commissioner — Aimee Kelley ATTEST: VOTE ot Judith/A. Pyle, CMC City &erk (Corporate Seal) YES NO i 3 CAProgram Files �x%v)�vviovia.Com\Docconverterpro\Temp\NVDC\BDE2D30C-0645-4FEA-AEB7-007F689059BB\Boynton Beach. 14326, I .Addendum_One_To_Ric-Man_(Central_Seacrest_Corridor_Phase_2)_-_Reso.Docx I °I °CI ADDENDUM ONE TO PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST UTILITY IMPROVEMENTS PHASE 2 SERVICES This ADDENDUM ONE is entered into between the City of Boynton Beach,Florida("Owner")and RIC-MAN Int., Inc. ("Design-Builder")this 15th day of January, 2019. Whereas, Owner and Design-Builder entered into a PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST UTILITY IMPROVEMENTS on Junel5th, 2018 ("The Agreement") and Whereas,the Agreement requires,as a condition precedent to the proceeding with Phase 2 Services that the parties reach agreement on the Contract Price for Phase 2 Services; and Whereas, Design-Builder and Owner have reached agreement on the Contract Price for Phase 2 Services and on revisions to The Agreement needed address the rights of the parties during Phase 2 of the Central Seacrest Utility Improvements. NOW THEREFORE,the Owner and Design-Builder agree: 1. The foregoing Whereas clauses are true and correct. 2. The Contract Price for Phase 2 Services is$9,326,901.85. 3. Attachment A which delineates the Scope of Work is amended as set forth in the attachment to the Addendum. 4. Attachment B, which set forth the Contract pricing for Phase 1 Services and Phase 2 Services is amended as set forth in the attachment to this Addendum. 5. The Phase 1 Schedule is modified as attached to this Addendum (Attachment C) 6. The Phase 2 Schedule is established as set forth as attached to this Addendum (Attachment C). 7. The three attachments to this Addendum(Attachment A,Attachment B and Attachment C(which consists of Phase 1 and Phase 2 Schedule) supersede the like attachments to The Agreement.All other provisions of The Agreement not in conflict with the amendments as reflected in the attachments to this Addendum remain binding on the parties. IN WITNESS WHEREOF,the parties hereto have executed this Contract in multiple copies,each of which shall be considered an original on the following dates: 1 C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\57E91745-C6A1-4832-BBB3-69A7CC102DC8\Boynton Beach.14352.1.AD D E N D U M_ON E_(V 1).Docx DATED this 7 441 day of ((02a Pie y ,2019. ATTEST: CITY OF BOYNTON BEACH,a municipal corporation of the State of Flo 'da By: Judith e,City Clerk LO LAVERRIERE, CITY MANAGER (SEAL) Approve •• to For /Lad James A.Cherof,City A DESIGN- ER //a,r %e By: A WITNESS N:colt De Lepel Print Name Print Name: ! ffilla . .. Title: ' Arm... c;A-- WITNESSCVOOA,Sieta&rint Name Corporate Seal '4? SECR A• I, :/J.:4n 4#64/04 2 C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\57E91745-C6A1-4832-BBB3-89A7CC1o2DC8\Boynton Beach.14352.1.ADDENDUM ONE_(Vt).Docx PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II ATTACHMENT A (As amended) SCOPE OF WORK SECTION 1 PHASE 1 1.1 Design-Builder shall exercise reasonable skill and judgment in the furnishing of design services. Engineering and professional services shall be furnished by licensed employees of Design-Builder, or by consultants or subcontractors as permitted by the law of the state where the Project is located. Design-Builder is responsible for the following Preliminary Design-Build Services: 1.2 Preliminary Evaluation. Design-Builder shall conduct and provide a preliminary evaluation of the Project's feasibility based on the Owner's Phase I Design Development and Performance Criteria requirements found in Attachment H. 1.3 Preliminary Schedule. Design-Builder shall provide a preliminary schedule for Owner's written approval. The schedule shall show the activities of Owner and Design-Builder necessary to meet Owner's completion requirements. 1.4 Preliminary Estimate. Design-Builder shall prepare for Owner's written approval a preliminary estimate utilizing area,volume,or similar conceptual estimating techniques.The level of detail for the estimate shall reflect the Owner's Program and any additional available information. If the preliminary estimate exceeds Owner's budget,Design-Builder shall make written recommendations to Owner. 1.5 Preliminary Design Documents. Design-Builder shall submit for Owner's written approval Preliminary Design Documents, based on the Owner's Program and other relevant information. Preliminary Design Documents shall include updated drawings based on Attachment H performance criteria, outline specifications and other conceptual documents as further defined herein illustrating the Project's basic elements, scale and their relationship to the site conditions. One set of these Documents shall be furnished to Owner. Design-Builder shall update the preliminary schedule and preliminary estimate based on the Preliminary Design Documents. 1.6 Division of Responsibility. Design-Builder shall prepare for Owner's review a proposed Division of Responsibility with respect to the Project,showing(a)equipment,materials,labor,and services to be provided by Design-Builder, (b) access, equipment, materials, data, information, and approvals to be provided by Owner, and(c)any items necessary for the Project to be provided by third parties. 1.7 Contract Price Proposal.Based on the Preliminary Design-Build Services,Design-Builder shall prepare for Owner's consideration a proposed Guaranteed Maximum Contract Price(GMP)for the Phase 2 Services.ATTACHMENT A Page 2 1.8 Additional Services. Design-Builder shall provide the following additional services, if any: 1.1.7. See Attachment H-Phase 1 Scope of Work ATTACHMENT A Page 1 PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II SECTION 2 PHASE 2 2.1 Completion of Design 2.1.1. Drawings and Specifications Construction shall be in accordance with the approved permit Drawings and Specifications. One set of these documents shall be furnished to Owner prior to commencement of construction. 2.1.2. Manuals Design-Builder shall provide a Commissioning and Startup Manual and an Operations and Maintenance Manual for the Facility, if Applicable. 2.2 Construction Services 2.2.1. Notice to Proceed Following Owner's written acceptance of Drawings and Specifications under Paragraph 2.1.1. above,Design-Builder will commence the performance of Construction Services. 2.2.2. Completion In order to complete the Work, Design-Builder shall provide all necessary construction supervision,,construction equipment,labor,materials,tools,and subcontracted items. 2.2.3. Compliance Design-Builder shall give all notices and comply with all laws and ordinances legally enacted at the date of execution of the Agreement which govern the proper performance of the Work. 2.2.4. Schedule Design-Builder shall prepare and submit a Schedule of Work in the form of a revised Attachment C, Schedule, for Owner's written approval. This Schedule shall indicate the dates for the start and completion of the various stages of the construction including the dates when information and approvals are required from Owner or regulatory agencies. It shall be revised as required by the conditions of the Work. The Schedule of Work shall be the basis for Design- Builder's management and control of the project and its reporting of progress to Owner. 2.2.5. Permits Design-Builder shall assist Owner in securing the permits necessary for the construction of the Project. 2.2.6. Safety and Hazardous Conditions Design-Builder shall take necessary precautions for the safety of its employees and Subcontractors on the Project,and shall comply with all applicable provisions of federal, state and municipal safety laws to prevent accidents or injury to persons on, about or adjacent to the Work Site. Design-Builder, directly or through its Subcontractors, shall erect and properly maintain at all times, as required by the conditions and progress of the Work, necessary safeguards for the protection of workers, any other persons on the site, and the public. The progress of this Work. The Design-Builder shall protect Owner's property. All damage which occurs as a result of this Contract shall be promptly restored to at least its original pre-contracted condition. However, Design-Builder shall not be responsible for the elimination or abatement of any pre- existing Hazardous Materials at the site or any safety hazards created or otherwise resulting from work at the Site carried on by Owner or its employees,agents,separate contractors or tenants. Owner agrees to cause its employees, agents, separate contractors, and tenants to abide by and fully adhere to all applicable provisions of federal, state and municipal safety laws and regulations. ATTACHMENT A Page 2 PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II The Design-Builder shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. The Design-Builder shall perform all duties of the Owner that are required under the applicable codes with respect to the provision providing for supervision as to safe work site for all employees, Sub Contractors and their employees. The Design-Builder shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. The Design-Builder shall also provide both visible and audible warning devices for all hazardous areas of construction.Such areas must be separated from normal pedestrian traffic by suitable barricades placed at an appropriate distance from the hazard. The above provision shall not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work,nor for compliance with all applicable provisions of relevant laws. 2.2.7. Reports As provided in GC 2.2.1. Design-Builder shall provide monthly written reports to Owner on the progress of the Work including a system of cost reporting for the Work, and also including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes in the Work. 2.2.8. Site Maintenance At all times Design-Builder shall maintain the Site of the Work free from debris and waste materials resulting from the Work.At the completion of the Work,Design-Builder shall remove from the premises all construction equipment,tools,surplus materials,waste materials and debris.ATTACHMENT A Page 4 2.3 Hazardous Material 2.3.1 A Hazardous Material is any substance or material identified now or in the future as hazardous under any federal,state or local law or regulation,or any other substance or material which may be considered hazardous or otherwise subject to statutory or regulatory requirements governing handling, disposal and / or clean -up. Design-Builder shall not be obligated to commence or continue Work until any known or suspected Hazardous Material discovered at the Site has been removed, rendered or determined to be harmless by Owner as certified by an independent testing laboratory and approved by the appropriate government agency. 2.3.2. If after the commencement of the Work, known or suspected Hazardous Material or Hazardous Conditions are discovered at the Site,Owner and Design-Builder shall proceed in accordance with the requirements of GC 4.1 ("Hazardous Conditions&Differing Site Conditions"). 2.4 Patents& Copyright 2.4.1 Design-Builder shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials,methods or systems selected by Design-Builder and incorporated in the Work. Design-Builder agrees to defend, indemnify and hold Owner harmless from all suits or claims for infringement of any patent rights or copyrights arising out of such. 2.4.2 Owner shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods or systems selected by Owner or specified in the Performance Criteria or bridging documents to be incorporated in the Work.Owner agrees to defend,indemnify and hold Design-Builder harmless from any suits or claims of infringement of any patent rights or ATTACHMENT A Page 3 PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II copyrights arising out of any such patented or copyrighted materials,methods or systems specified by Owner. 2.5 Warranties and Completion 2.5.1 Design-Builder's warranty to Owner with respect to construction, including all materials and equipment furnished as part of the construction,shall be as specified in GC 2.9("Design-Builder's Warranty"). 2.5.2 Design-Builder's warranty to Owner with respect to the performance of the Facility upon completion shall be as specified in GC 2.11 ("Performance Warranty"). 2.5.3. Those products, equipment, systems or materials incorporated in the Work at the direction of or upon the specific request of Owner shall be covered exclusively by the warranty of the manufacturer.There are no warranties which extend beyond the description on the face thereof. 2.5.4. No warranty,either express or implied,may be modified,excluded or disclaimed in anyway by Design-Builder. All warranties shall remain in full force and effect, notwithstanding acceptance and payment by City. Design - Builder shall secure required certificates of inspection,testing or approval and deliver them to Owner.ATTACHMENT A Page 5 2.5.5. Design-Builder shall collect all written warranties and equipment manuals and deliver them to Owner. 2.5.6. With the assistance of Owner's maintenance personnel,Design-Builder shall direct the checkout of utilities and operations of systems and equipment for readiness, and assist in their commissioning and initial start-up and testing,all in accordance with the permit conditions 2.5.7. See Attachment G-Special Conditions 1-16 2.6 Limitations of Liability 2.6.1. Limitation of Liability. Design-Builder's liability for Owner's damages for any cause or combination of causes (including any liquidated damages), whether based upon contract, tort, breach of warranty,negligence, strict liability, or otherwise, shall be limited as set forth in Section 2 of Attachment E. 2.7 Additional Services Design-Builder shall provide or procure the following Additional Services upon the request of Owner unless such services are specifically included in the Owner's Program or in an attachment to this Agreement.A written agreement between Owner and Design-Builder shall define the extent of such Additional Services and compensation therefor. 2.7.1. Documentation of the Owner's Program, establishing the Project budget (beyond the Cost of the Work), investigating sources of financing, general business planning and other information and documentation as may be required to establish the feasibility of the Project. 2.7.2. Consultations,negotiations,and documentation supporting the procurement of Project financing. 2.7.3. Surveys, site evaluations, legal descriptions and aerial photographs. Appraisals of existing equipment,existing properties,new equipment and developed properties. ATTACHMENT A Page 4 PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 2.7.4. Soils, subsurface and environmental studies, reports and investigations required for submission to governmental authorities or others having jurisdiction over the Project. 2.7.5 Consultations and representations other than normal assistance in securing permits, before governmental authorities or others having jurisdiction over the Project. 2.7.7. Investigation or making measured drawings of existing conditions or the verification of drawings or other Owner-provided information. 2.7.8. Artistic renderings,models and mockups of the Project or any part of the Project or the Work. 2.7.9. Inventories of existing furniture, fixtures, furnishings and equipment which might be under consideration for incorporation into the Work.ATTACHMENT A Page 6 2.7.10 Interior design and related services including procurement and placement of furniture,furnishings, artwork and decorations. 2.7.11 Making revisions to the Preliminary Design, Design Development, or Construction Documents after they have been reviewed by Owner,and which are due to causes beyond the control of Design- Builder. 2.7.12 Design, coordination, management, expediting and other services supporting the procurement of materials to be obtained,or work to be performed,by Owner,including but not limited to telephone systems, computer wiring networks, sound systems, alarms, security systems and other specialty systems which are not a part of this Agreement. 2.7.13 Estimates, proposals, appraisals, consultations, negotiations and services in connection with the repair or replacement of an insured loss. 2.7.14 The premium portion of overtime work ordered by Owner including productivity impact costs. 2.7.15 Document reproduction exceeding the allowances provided for in this Agreement. 2.7.16 Obtaining service contractors and training maintenance personnel, assisting and consulting in the use of systems and equipment after the initial start-up, and adjusting and balancing of systems and equipment. 2.7.17 Services for tenant or rental spaces or third party facilities not a part of this Agreement. 2.7.18 Services requested by Owner or required by the Work which are not specified in the Contract Documents and which are not normally part of generally accepted design, construction and start- up and commissioning practice. 2.7.19 Serving or preparing to serve as an expert witness in connection with any proceeding, legal or otherwise,regarding the Project 2.7.20 Preparing reproducible (mylar or similar) record drawings from marked -up prints, drawings or other documents that incorporate significant changes in the Work made during the Construction Phase. ATTACHMENT A Page 5 PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 2.8 Subcontractors. Work not performed by Design-Builder with its own forces shall be performed by Subcontractors.The provisions of this Agreement and the associated Contract Documents shall be incorporated into all major subcontracts as defined in "schedule of sub - consultant/minority business enterprise 2.8.1 Retaining Subcontractors Design-Builder shall not retain any Subcontractor to whom Owner has a reasonable and timely objection,provided that Owner agrees to compensate Design-Builder for any additional costs incurred by Design-Builder as provided in GC 23.7..Design Builder shall not be required to retain any Subcontractor to whom Design-Builder has a reasonable objection. 2.8.2 Management of Subcontractors Design-Builder shall be responsible for the management of Subcontractors in the performance of their work. 2.8.3 Assignment of Subcontract Agreements Design-Builder shall provide for assignment of subcontract agreements in the event that Owner terminates this Agreement for cause as provided in GC 11.2 ("Owner's Right-to-Perform and Terminate for Cause "). Following such termination, Owner shall notify in writing those subcontractors whose assignments will be accepted, subject to the rights of sureties. SECTION 3 OWNER'S RESPONSIBILITIES 3.1 Information and Services Provided by Owner 3.1.1 Owner shall provide full information regarding requirements for the Project,including the Owner's Program, Performance Criteria, bridging documents, and other relevant information, within the times specified in Attachment C,Schedule. 3.1.2 Owner shall provide: 1. All available information describing the physical characteristics of the site, including surveys, site evaluations, legal descriptions, existing conditions, subsurface and environmental studies, utilities,reports and investigations; 2. Inspection and testing services during construction as required by law or as mutually agreed;and 3. Unless otherwise provided in the Contract Documents, necessary approvals, site plan review,rezoning,easements and assessments,necessary permits,fees and charges required for the construction. 3.1.3 Design-Builder shall be entitled to rely on the completeness and accuracy of the information and services required by this Section 3.1. 3.2 Owner's Responsibilities during Phase 1 3.2.1 If not developed by Owner and Design-Builder under a prior agreement, Owner shall provide the Owner's Program at the inception of the Design Phase. Owner shall review and timely approve schedules, estimates, and design documents furnished during the Design Phase as set forth in Section 3.1. 3.2.2 Owner shall arrange for access to and make all provisions for Design-Builder to enter upon public and private property as required for Design-Builder to perform Phase 1 services hereunder. ATTACHMENT A Page 6 PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 3.2.3 Design-Builder shall be entitled to rely on the completeness and accuracy of the information and documents to be provided by Owner under this Section 3.2. 3.3 Owner's Responsibilities during Phase 2 Design and Construction 3.3.1 Owner shall review and approve the Schedule as set forth in Attachment C, Schedule,as revised. 3.3.2 If Owner becomes aware of any error, omission or failure to meet the requirements of the Contract Documents or any fault or defect in the Work, Owner shall give written notice to Design-Builder within five(5)days of so becoming aware. 3.3.3. Unless otherwise agreed by Design- Builder, Owner shall communicate with Design- Builder's Subcontractors,Suppliers,and Design Consultants only through Design-Builder.Owner shall have no contractual obligations to Subcontractors or Suppliers or Design Consultants. 3.3.4 Owner will not provide insurance for the Project as provided in Attachment E, Indemnity, Insurance, and Bonding. 3.3.5 Owner shall provide timely, clear and adequate access to the site and any laydown areas under control of the Owner. 3.3.6 Owner shall provide all information,data,and approvals required for Design-Builder's performance of the Work in a timely and complete manner. 3.3.7 Design-Builder shall be entitled to rely on the completeness and accuracy of the information and documents to be provided by Owner under this Section 3.3. 3.4 Owner's Representative Owner's representative,designated in writing and agreed to by Design-Builder: 1 Shall be fully acquainted with the Project; 2 Agrees to furnish the information and services required of Owner when required so as not to delay the performance of the Work;and 3 Have authority to bind Owner in all matters requiring Owner's approval,authorization or written notice. If Owner changes its representative or the representative's authority as listed above, Owner shall notify Design-Builder in advance in writing. Design-Builder shall have the right to approve any successor representative. 3.5 City's Responsibilities 3.5.1 See Attachment G-Special Conditions 17-19 THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY ATTACHMENT A Page 7 PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASEII ATTACHMENT B fAs Amended) COMPENSATION SECTION 1 PHASE 1 SERVICES-IN ACCORDANCE WITH ATTACHMENT H SCOPE OF WORK $3,233,885.33 SECTION 2 CONTRACT PRICE FOR PHASE 2 SERVICES 1.1 Choice of Compensation Method for Phase 2 Services 1.2 The parties may elect to use the Guaranteed Maximum Price ("GMP") form of compensation for the Phase 2 Services, or a fixed Contract Price, or cost-reimbursable compensation with a Fixed Fee. If the GMP form of compensation is to be used, it may be agreed upon before the execution of this Agreement or will be developed and agreed upon for Phase 2 services. If the parties do not use a GMP,then the compensation to Design-Builder shall be a fixed Contract Price developed in accordance with Section 3.0 or shall be based on those fees and costs identified in Section 4.0. 1.3 Phase 2 Services. Design-Builder's Phase 2 services shall consist of the completion of design services for the Project, the procurement of all materials and equipment for the Project, the performance of construction services for the Project, the start-up, testing, and commissioning of the Project,and the provision of warranty services,all as further described in Attachment A, 2.0 Contract Documents 2.1 Contract Documents.The Contract Documents are comprised of the following: 2.1.1 All written modifications,amendments and change orders to this Agreement issued in accordance with Attachment D,General Conditions; 2.1.2 Written Supplementary Conditions, if any,to the General Conditions; 2.1.3 This Agreement, including all exhibits and the following attachments: Attachment A. Scope of Work Section 1 Phase 1 Scope of Work Section 2 Phase 2 Scope of Work Attachment B Compensation Section 1 Phase 1 Services Compensation Section 2 Contract Price for Phase 2 Services Attachment C Schedule Attachment D General Conditions Attachment E Indemnity, Insurance&Bonding Attachment F Owner's Permit List Attachment G Special Conditions Attachment H Phase One-Design Development/Guaranteed Maximum Price Development/Scope of Work Wage RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build)--Contract Attachment B PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 3.0 Fixed Contract Price 3.1 If the parties initially agree that the Phase 2 Services shall be performed on the basis of a Fixed Contract Price, then the Design-Builder shall develop the proposed Contract Price on an "open book" basis and present it to Owner for review and approval with the exception of proprietary information. 3.2 Once the Fixed Contract Price is agreed, then this Agreement shall be amended to establish the Fixed Contract Price as the basis for the performance of the Phase 2 Services. 4.1 Cost Reimbursable plus Design-Builder's Fee 4.2 If the parties agree that the Phase 2 Services shall be performed on a Cost Reimbursable basis plus a Fixed Design-Builder's Fee, then the Design-Builder shall develop an estimated Contract Price on an"open book" basis and present it to Owner for review and approval. 4.3 The cost-reimbursable elements of the Work shall be those set forth in Section 4.4("Cost of the Work"). 4.4 Design-Builder's Fee shall be: Six percent(6.0%)of the Cost of the Work, as adjusted in accordance with Section 2.1.above. 4.3.1 Design-Builder's Fee will be adjusted as follows for any changes in the Work: Same as 4.3 above. 4.5 Cost of the Work. The term"Cost of the Work" shall mean costs reasonably incurred by Design-Builder in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project,except with prior consent of the Owner.The Cost of the Work shall include only the following: 1. Wages of direct employees of Design-Builder performing the Work at the Site or, with Owner's agreement, at locations off the Site, provided, however. That the costs for those employees of Design Builder performing design services shall be calculated on the basis of prevailing market rates for design professionals performing such services or, if applicable,those rates set forth in an exhibit to this Agreement. 2. Wages or salaries of Design-Builder's supervisory and administrative personnel engaged in the performance of the Work and who are located at the Site or working off-Site to assist in the production or transportation of material and equipment necessary for the Work. 3. Wages or salaries of Design-Builder's personnel stationed at Design-Builder's principal or branch offices and performing design and Project administration functions.However,such costs shall be excluded from fee as listed in Section 4.3 above. 4. Costs incurred by Design-Builder for employee benefits, premiums, taxes, insurance, contributions and assessments required by law,collective bargaining agreements,or which are customarily paid by Design-Builder, to the extent such costs are based on wages and salaries paid to employees of Design-Builder covered under Paragraphs 2.2.1 through 2.2.3 hereof. 21 Page RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build)—Contract Attachment B PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 5. The reasonable portion of the cost of travel, accommodations and meals for Design Builder's personnel necessarily and directly incurred in connection with the performance of the Work. 6. Payments properly made by Design-Builder to Subcontractors and Design Consultants for performance of portions of the Work,including any insurance and bond premiums incurred by Subcontractors and Design Consultants. 7. Costs incurred by Design-Builder in repairing or correcting defective, damaged or nonconforming Work, provided that such defective, damaged or nonconforming Work resulted from causes other than the fault or neglect of the Design-Builder,or those working by or through Design-Builder. If the costs associated with such defective, damaged or nonconforming Work are recoverable from insurance, Design-Builder shall use its best efforts to obtain recovery from the appropriate source and credit Owner if recovery is obtained. 8. Costs, including transportation, inspection, testing, storage and handling, of materials, equipment and supplies incorporated or reasonably used in completing the Work. 9. Costs less salvage value of materials, supplies, temporary facilities, machinery, vehicles, equipment and hand tools not customarily owned by the workers that are not fully consumed in the performance of the Work and which remain the property of Design Builder, including the costs of transporting, inspecting, testing, handling, installing, maintaining,dismantling and removing such items. 10. Costs of removal of debris and waste from the Site. 11. The reasonable costs and expenses incurred in establishing,operating and demobilizing the Site office, including the cost of facsimile transmissions, long-distance telephone calls, postage and express delivery charges, telephone service, photocopying and reasonable petty cash expenses. 12. Rental charges and the costs of transportation,installation,minor repairs and replacements, dismantling and removal of temporary facilities,machinery,equipment and hand tools not customarily owned by the workers, which are provided by Design-Builder at the Site, whether rented from Design-Builder or others, and incurred in the performance of the Work. 13. Premiums for insurance and bonds required by this Agreement or the performance of the Work.However, such costs shall be excluded from fee as listed in Section 4.3 above. 14. All fuel and utility costs incurred in the performance of the Work. 15. Sales, use or similar taxes,tariffs or duties incurred in the performance of the Work. 16. Legal costs, court costs and costs of mediation and arbitration reasonably arising from Design-Builder's performance of the Work provided such costs do not arise from disputes between Owner and Design-Builder. 17. Costs for permits,royalties,licenses,tests and inspections incurred by Design-Builder as a requirement of the Contract Documents. 31 Page RF4#037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build)—Contract Attachment B PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 5. The cost of defending suits or claims for infringement of patent rights arising from the use of a particular design, process, or product required by Owner, paying legal judgments against Design-Builder resulting from such suits or claims, and paying settlements made with Owner's consent. 6. Deposits,which are lost, except to the extent caused by Design-Builder's negligence. 7. Costs incurred in preventing damage, injury or loss in case of an emergency affecting the safety of persons and property. 8. Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner. 4.6 Non-Reimbursable Costs The following shall be excluded from the Cost of the Work: 1. Compensation for Design-Builder's personnel stationed at Design-Builder's principal or branch offices or offices other than the site office, except as provided for in Paragraphs 4.4.1, 4.4.2 and 4.4.3,hereof. 2. Overhead and general expenses, except as provided for in Section 4.4.2 hereof, or which may be recoverable for changes to the Work. 3. The cost of Design-Builder's capital used in the performance of the Work. 4. Rental costs of machinery and equipment, except as specifically provided in Paragraph 4.4.12, hereof. 5. Costs due to the negligence of the Design-Builder, Subcontractors, or anyone else directly or indirectly employed by any of them, or for whose acts any of them may be liable, including, 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 making good damage to property not forming part of the Work, but only to the extent such costs cause the GMP to be exceeded. 6. Costs, if any, which would cause the GMP, as may be amended from time to time in accordance with this Agreement,to be exceeded, except to the extent such costs were due to the sole fault of Owner. 7. Costs for general cleanup of the jobsite will be included as part of the Cost of the Work in the GMP 8. Any other labor related costs not defined under Paragraph 4.4.1 that is not approved in by the Owner at the time of the GMP. 9. Expenses for travel, including Design-Builder-supplied vehicles for personal use, incurred by Design-Builder's employees while traveling for purposes other than the direct execution of work or training. 10. Any legal fees arising out of a dispute between the Owner and Design-Builder. This includes the negotiation of a Contract between the Owner and Design Builder. 41 Page RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build)--Contract Attachment B PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 5.1 Dates of Commencement. 5.1.1 Design-Builder's Phase 1 Services shall commence within five(5)days of Design-Builder's receipt of Owner's Phase 1 Notice to Proceed unless the parties mutually agree otherwise in writing.The parties shall use their best efforts to complete the Phase 1 Services within the time durations detailed in Attachment H. Section Entitled;"TIME OF COMPLETION/SCHEDULE". 5.1.2 The Phase 2 Services shall commence on the date within five(5)days of Design-Builder's receipt of Owner's Phase 2 Notice to Proceed("Date of Commencement")unless the parties mutually agree otherwise in writing. 5.2 Substantial Completion and Final Completion 5.2.1 Substantial Completion of the entire Work shall be achieved no later than JUNE 2,2020(712) calendar days after the Phase I Date of Commencement or as mutually agreed to by the Owner and Design-Builder("Scheduled Substantial Completion Date"). 6.0 Compensation and Contract Price SECTION 1 PHASE 1 SERVICES-IN ACCORDANCE WITH ATTACHMENT H SCOPE OF WORK $ $3,233,885.33 SECTION 2 CONTRACT PRICE FOR PHASE 2 SERVICES 1.0 Choice of Compensation Method for Phase 2 Services 1.1 The parties may elect to use the cost-reimbursable compensation with a Fixed Fee. If the GMP form of compensation is to be used,it may be agreed upon before the execution of this Agreement or will be developed and agreed upon for Phase 2 services.If the parties do not use a GMP,then the compensation to Design-Builder shall be a fixed Contract Price developed in accordance with Section 3.0,or shall be based on those fees and costs identified in Section 4.0. 2.0 Cost-reimbursable compensation with a Fixed Fee. $_$9,326,901.85 The cost-reimbursable compensation with a Fixed Fee.All lump sum amounts shall be paid in accordance with the schedule of values on a percent basis and shall NOT be subject to adudit rights as set forth on Attachment G Special Conditions. Contract will be adjusted following approval by City Commission.A Breakdown is appended to this amendment SECTION 1 PHASE 1 1.0 The Phase I schedule has been modified to include the entire project(Phase I& II)and is appended to this section. SECTION 1 PHASE 2 1.0 The Phase II schedule includes the entire project(Phase I and II)and is appended to this section. Wage RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build)--Contract Attachment B PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II ATTACHMENT SCHEDULE SECTION 1 PHASE 1 1.0 The Phase I schedule has been modified to include the entire project(Phase I&II)and is appended to this section. SECTION 1 PHASE 2 1.0 The Phase II schedule includes the entire project(Phase I and II)and is appended to this section. 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I1 '- i ; 155 . x1113 a : i1 11 - a 'e e : � 2 .1I: g : : : : : g : : : : i : : : s 1 1 1 1 1 : 1 i i 1 1 : 1 1 : 1 : : : : : : : : : : I a 1 1 '11 1 1 1 ! 1 1 1 1 1 1 1 1 1 1 ! ; 1 1 1 1 F i 1 1 1 1 1 1 1 1 F_ : 1 I 1 t 1 I I I I 1 I ! 11 a • 1 ii ii( l 1 i 1 11 is ill 1 111 1' till ' i ` 1 1 1 • [ iiii H sr 11 i 1i1t1111 il it l11 # 11ss11111 € 11 11 ( ; l iittill ' ilji11111f1i6111• 1iii111111111 ; ffssffllisiift # isisilli1111 1 1. I11 Y : 1' : 1' : a : : : v : : 1' : : 1 : : : 1' Y v : : v : : : : 1' 1 : : : v : a v . : : : 1; :11 .c. . . - - : r z aaa 11 RMI Ric-Man International,Inc. Job: SEACREST UNIT PRICE PHASE 2 final BID: $ 12,560,787.18 The above number reflects the total of Bids: October 30, 2018 Phase 1 and 2 2018 PROPOSAL '4 Size;Type DESCRIPTION QTY UNIT BID TOTAL Bonds/GC '[MURPHY]Mob/Demob,Bonds,Insurance, Trench Safety for OSHA Compliance,and combined 1 General Requirements. 1. $ 297,000.00 $ 297,000.00 2 =MOT(1)[MURPHY] 1. LS $ 120,000.00 $ 120,000.00 3 Consideration for indemnification 1. LS $ 25.00 $ 25.00 'Provide NPDES and dewatering permit .from applicable agencies.Limited to 4 1(.25%)of bid 1. LS $ 23,959.00 $ 23,959.00 5 SURVEY Record Drawings 1. LS $ 55,000.00 $ 55,000.00 6 ':Pre-con Video MURPHY 1. LS $ 37,000.00 $ 37,000.00 7 8"/6" =F&I DIP for FH OPEN CUT 60. LF $ 89.00 $ 5,340.00 8 8.00 1F&I PIPE BURST Disinf.&appurtenances. 19,349. LF $ 80.00 $ 1,547,920.00 9 8.00 IF&I OPEN CUT DIP HDD Rest.Disinf 8,372. LF $ 80.00 $ 669,760.00 Fill&Flush assemblies-includes pigging 10 I wyes&caps for line flushing EA $ 1,600.00 $ - 11 50EA X 20'X 10' ;Open cut pavement repair ASPH 10,000. sf $ 6.50 $ 65,000.00 12 RMI ;Rem.&Disposeof exist.Fire hydrants 20. EA $ 670.00 $ 13,400.00 !Install Sigelock FH including tee,valve& fittings"FOR P BURST]on 8"WM per 13 plans 56. EA $ 3,100.00 $ 173,600.00 =Furnish and Install Independent Fire 14 Hydrants on existing mains 7. EA $ 3,500.00 $ 24,500.00 Furnish and Install Independent 6"WM 15 PIPE for FH 250. LF $ 80.00 $ 20,000.00 16 18x6 tee, 54. EA $ 825.00 $ 44,550.00 17 =Furnish and Install 8x8x8 Tee 41. EA $ 850.00 $ 34,850.00 18 ;Furnish and Install 8x8 Cross 19. EA $ 975.00 $ 18,525.00 F&I tapping saddle assembly,including 10x8 'valve&appurt . EA $ 4,300.00 $ - IF&I tapping saddle assembly,for WM or 19 6x6 I FH including valve&appurt 5. EA $ 3,800.00 $ 19,000.00 F&I tapping saddle assembly,including 20 10x6 valve&appurt 4. EA $ 4,190.00 $ 16,760.00 21 8.00 1F&I GV and appurt 124. EA $ 1,480.00 $ 183,520.00 22 6.00 =F&I GV and appurt 8. EA $ 1,176.00 $ 9,408.00 F&I ARV.Incl.strapp saddle,corp stop, 23 lMH,and appurt 19. EA $ 6,000.00 $ 114,000.00 24 F&I perm.Sample point 3. EA $ 550.00 $ 1,650.00 25 !•.F&I temp Sample point 14. EA $ 280.00 $ 3,920.00 F&I WS SHORT incl poly pip,sadl,corp& 2" curb stp.connect service fr w main to 26 exist M box 37. EA $ 900.00 $ 33,300.00 jF&I WS LONG incl poly pip,sadl,corp& 2" curb stp.connect service fr w main to 27 exist M box 56. EA $ 1,600.00 $ 89,600.00 = F&I WS SHORT incl poly pip,sada,corp& 1" ;curb stp.connect service fr w main to 28 :exist M box 173. EA $ 655.00 $ 113,315.00 F&I WS LONG incl poly pip,sadl,corp& 1" curb stp.connect service fr w main to 29 exist M box 72. EA $ 1,250.00 $ 90,000.00 30 WS from rear to front of property 178. EA $ 1,400.00 $ 249,200.00 31 4.00 !WM Line stop 2. EA $ 6,500.00 $ 13,000.00 32 6.00 WM Line stop 8. EA $ 6,500.00 $ 52,000.00 33 8.00 WM Line stop 8. EA $ 8,000.00 $ 64,000.00 `2"Water Main Abandoned in place with 34 0.01 cap 63. EA $ 100.00 $ 6,300.00 35 0.25 4"Water Main Abandoned in place/grout 1,492.4 LF $ 4.50 $ 6,715.80 36 0.09 6"Water Main Abandoned in place/grout 554.05 LF $ 5.50 $ 3,047.28 Cut&Cap aband in place ex WM<4"& - rest.non asbetos Conc.P in green area 37 (sodded or landscaped) 17. EA $ 100.00 $ 1,700.00 38 4"x 4' New 5/W 6,710. LF $ 16.00 $ 107,360.00 39 6"x 4' !New S/W 1,285. LF $ 18.00 $ 23,130.00 40 4 X 4 '•Remv&Repl S/W 3,850. LF $ 18.00 $ 69,300.00 41 6 X 4 1Remv&Repl 5/W 634. LF $ 21.00 $ 13,314.00 42 4"x 5' New 5/W 200. LF $ 19.00 $ 3,800.00 43 6"x 5' New 5/W 100. LF $ 22.00 $ 2,200.00 44 Remove and Replace curb type D 10. IF $ 47.00 $ 470.00 45 :Remove and Replace curb type F 100. LF $ 32.00 $ 3,200.00 Remove and Replace header curb(12"- 46 by10"thick) 10. LF $ 50.00 $ 500.00 47 ADA S/W curb ramps 76. EA $ 710.00 $ 53,960.00 48 Conc.d/w apron removal/replacement 7,208. SY $ 81.00 $ 583,848.00 Asphalt d/w apron removal/replace w/ 49 6"concrete 315. SY $ 57.00 $ 17,955.00 50 ;Paver d/w apron removal/replace 110. SY $ 110.00 $ 12,100.00 51 Relocation of water services 1. LS $ 9,900.00 $ 9,900.00 52 ?Water Meter Size Difference 1. LS $ 6,000.00 $ 6,000.00 Sub-Total $ 5,127,902.08 CHURCH WORK Demo.Of existing aggregate parking area (gravel or limestone)and install swale for existing conditions on roads with parallel 53 parking 6,580. SY $ 9.50 $ 62,510.00 Demo of exist.Asphalt or conc.Parking 54 area and install swale 290. SY $ 9.50 $ 2,755.00 55 Markings/Signs 1. LS $ 3,300.00 $ 3,300.00 56 WGI RE-DESIGN fee 1. Is $ 8,500.00 $ 8,500.00 57 Seal Coat Drivewy 1. LS $ 5,200.00 $ 5,200.00 58 [Grade&sod Swale 300. SY $ 21.00 $ 6,300.00 Sub-Total $ 88,565.00 59 IFlowable fill(100 psi) 5. CY $ 160.00 $ 800.00 PAVING AND DRAINAGE MOB/DEMOB,(1)[RMI]Bonds,trench 60 safety(6%limit of bid) 1. IS $ 521,000.00 $ 521,000.00 61 'MOT(1) 1. LS $ 48,000.00 $ 48,000.00 62 RMI Pre-Construction Video 1, $ 34,000.00 $ 34,000.00 63 Site Layout 1. LS $ 130,000.00 $ 130,000.00 64 Record Drawings 1. IS $ 15,000.00 $ 15,000.00 F&I asphalt overlay replacement to the extent shown on plans.Include all temp pave.Markings,&the adj.of MH and 65 covers 74,100. SY $ 6.20 $ 459,420.00 66 1.00 Asphalt Milling 74,100. SY $ 2.00 $ 148,200.00 =F&I exflltration trenches include.HDPE 24.00 perf.Pipe,fittings,trench shoring and 67 iappurt.Assoc.with exfil trench 3,060. LF $ 150.00 $ 459,000.00 Relocate WM to road on SW 13th Ave E of 68 SW 13 St.to make room for Exfl Trench 480. LF $ 110.00 $ 52,800.00 69 24.00 jF&I HDPE pipe 230. LF $ 104.00 $ 23,920.00 70 15.00 IF&I HDPE pipe 400. LF $ 116.00 $ 46,400.00 F&I replace san lat in confl w/exfllt Envelope/WM.w/SDR 35,coupl,adj.flit 71 fabr,restore&other wk req 2 seal exfil 21. EA $ 640.00 $ 13,440.00 [Swale restr per plans Incl remov ex Lndsc Other Areas of &features,excv,haul,grade&sod swale 72 Proj. w/flortam/bahia&Ex brig 81,076. SY $ 11.00 $ 891,836.00 73 jF&l Drainage MH's w.baffles and rest/ 11. EA $ 5,700.00 $ 62,700.00 F&I type C inlets include. Grates,baffles 74 Iappurt and rest. 10. EA $ 4,700.00 $ 47,000.00 1F&I type E inlets iclude.Grates,.Baffles 75 'iappurt.And rest. 25. EA $ 5,500.00 $ 137,500.00 IF&I type E inlets iclude.Grates,.For 76 Conflicts 2. EA $ 6,900.00 $ 13,800.00 77 .135 ft Slab for Conflict on 62a 675. sf $ 8.10 $ 5,467.50 [Reconstruction of conc.Catch basin 78 !aprons 4. EA $ 42.00 $ 168.00 79 24.00 :Thermo white stop bar 1,200. LF $ 3.20 $ 3,840.00 80 12.00 ;Thermo white x walk 2,700. LF $ 1.60 $ 4,320.00 81 6.00 IDbl yellow 4,900. LF $ 0.80 $ 3,920.00 82 'RPM'S 408. EA $ 3.50 $ 1,428.00 83 School Lettering 4. EA $ 90.00 $ 360.00 STREET SIGNS W/STOP SIGNS 84 (CONTINGENCY) 20. EA $ 300.00 $ 6,000.00 85 24.00 !Temp white stop bar 1,200. IF $ 1.10 $ 1,320.00 86 12.00 Temp white x walk 2,700. LF $ 0.60 $ 1,620.00 87 6.00 '=:Temp Dbl yellow 4,900. LF $ 0.60 $ 2,940.00 88 !School Lettering TEMP I 4.1 $ 35.00 1 $ 140.00 Sub-Total $ 3,135,539.50 FORCEMAIN ITEMS-INSIDE SEACREST 89 10" 1C-900 FM 3,920. LF $ 52.00 $ 203,840.00 90 10" !DIP FM 400. LF $ 84.00 $ 33,600.00 91 10" FITTINGS/TN(NO ACC)C153 2.58 TN $ 18,000.00 $ 46,440.00 92 24X10 SS TS&V 1. EA $ 18,000.00 $ 18,000.00 93 10" !GV 4. EA $ 2,000.00 $ 8,000.00 94 Connect to ex FM 1. LS $ 5,800.00 $ 5,800.00 95 Conc.Collars 4. EA $ 1,100.00 $ 4,400.00 96 ARV MH(with an') 4. EA $ 7,600.00 $ 30,400.00 I 97 M.I restriants 71. EA $ 220.00 $ 15,620.00 Swale restaration,Mail Bx,10'wide for 98 FM 1,120. SY $ 11.00 $ 12,320.00 Milling/Overlay-SE 1st St SE 13th St to 99 Woolbright . SY $ 8.10 $ - 100 7'wide 1Limerock&Prime Restoration for FM 3,360. SY $ 24.00 $ 80,640.00 101 ;Pavement Restoration 2,800. SY $ 8.30 $ 23,240.00 102 !MOT(2) 1. $ 28,000.00 $ 28,000.00 103 ;MOB(2) 1. $ 20,000.00 $ 20,000.00 Sub-Total $ 530,300.00 104 IWGI Design Permitting Construction Plans 1. $ - LANDSCAPE ALLOWANCE 105 ;TREE REMOVAL-HARDWOODS a SMALL 29. EA $ 230.00 $ 6,670.00 b !MEDIUM 88. EA $ 530.00 $ 46,640.00 c !LARGE 41. EA $ 800.00 $ 32,800.00 106 !STUMP GRIND-HARDWOODS a ;Small . $ 120.00 $ - b MEDIUM 88. EA $ 190.00 $ 16,720.00 c !LARGE 41. EA $ 330.00 $ 13,530.00 107 !Tree Removals-Palms a !SMALL 91. $ 130.00 $ 11,830.00 b ;MEDIUM 110. EA $ 190.00 $ 20,900.00 c LARGE 154. EA $ 290.00 $ 44,660.00 108 !Stump Grind-Palms a !SMALL . $ 95.00 $ - b ;MEDIUM 11. EA $ 150.00 $ 1,650.00 c '':LARGE 154. EA $ 200.00 $ 30,800.00 109 tTree Removal-Clusters a !SMALL 4. $ 110.00 $ 440.00 b !MEDIUM 7. EA $ 140.00 $ 980.00 c !LARGE 3. EA $ 190.00 $ 570.00 110 !Stump Grind-Clusters a !SMALL 3. EA $ 130.00 $ 390.00 b !MEDIUM 7. EA $ 190.00 $ 1,330.00 c (LARGE 3. EA $ 290.00 $ 870.00 111 Tree Transplant-Hardwoods a Small 67. EA $ 590.00 $ 39,530.00 b MEDIUM 10. EA $ 750.00 $ 7,500.00 112 Tree Transplant-Palms a ;SMALL 65. EA $ 490.00 $ 31,850.00 b MEDIUM 86. EA $ 730.00 $ 62,780.00 113 Tree Transplant-Clusters a SMALL 12. EA $ 490.00 $ 5,880.00 b MEDIUM 34. EA $ 730.00 $ 24,820.00 114 Massive Landscape 1. EA $ 1,600.00 $ 1,600.00 115 Dense Landscape 3. EA $ 1,000.00 $ 3,000.00 116 Hedges RM/RL 85. EA $ 350.00 $ 29,750.00 117 Fence 3. EA $ 100.00 $ 300.00 118 =Pole 1. EA $ 100.00 $ 100.00 119 Boulder I. EA $ 100.00 $ 100.00 120 =.Dump Truck Fees 80. EA $ 200.00 $ 16,000.00 Sub-Total $ 453,990.00 LANDSCAPE RESIDENT TREE SELECTION ALLOWANCE Prices updated 10/17/18 121 Avocados 15. EA $ 580.00 $ 8,700.00 122 !Gumbo Limbos 15. EA $ 740.00 $ 11,100.00 123 =Buttonwoods 15. EA $ 780.00 $ 11,700.00 124 .Bulnesias 15. EA $ 780.00 $ 11,700.00 125 Mangos 15. EA $ 580.00 $ 8,700.00 126 I Fox Tail Palms 15. EA $ 300.00 $ 4,500.00 Sub-Total $ 56,400.00 _ UNCERTAIN QUANTITY ALLOWANCES A-1 2" PVC CASINGS 50. FT $ 1.30 $ 65.00 8„ 'Reconstruction of failling roadways A-2 (paving part of mill&overlay) 6,800. SY $ 47.00 $ 319,600.00 !Remove and dispose of exist.Asbestos A-3 !Conc.Pipe including restoration 3,900. LF $ 16.00 $ 62,400.00 A-4 =Install Parking Stops 39. ea $ 66.00 $ 2,574.00 A-5 2"-4" Grout existing lines 1,000. ft $ 5.20 $ 5,200.00 A-6 ;Off-Duty Police 5. hr $ 28.00 $ 140.00 A-7 Conc. ;Additional Driveways 10. sf $ 7.30 $ 73.00 F&I st.aug sod in irrig areas for incidental rest.Based on unforeseen conditions(not A-8 included in swale const.area) 500. sy $ 11.00 $ 5,500.00 !F&I bahia sod to be provided in non- irrigated areas for incidental rest.Based on unforeseen condions(not included in A-9 swale const.area) 500. sy $ 12.00 $ 6,000.00 A-10 Extended Mill&Overlay $ 12.00 $ - A-11 !Replace exist.Damaged meter box 25. EA $ 110.00 $ 2,750.00 A-12 Replace exist.Damages touch read lid 25. EA $ 53.00 $ 1,325.00 A-13 Additional Line-stops 1. EA $ 6,500.00 $ 6,500.00 A-14 Flowabie Fill 20. CY $ 150.00 $ 3,000.00 =Furnish and install 8"x 8"Tapping Saddle Assembly,including valve,and A-15 appurtenances 3. EA $ 4,200.00 $ 12,600.00 Relocate existing water meter out of right- of-way including furnish and install 1" water service including poly pipe,saddle, corporation stop&curb stop,including all appurtenances and site restoration. Includes connecting new service from new A-16 water main to the relocated meter box 28. EA $ 400.00 $ 11,200.00 A-17 =Record Drawings 1. LS $ 64,000.00 $ 64,000.00 Construction days 406. $ - $ - No Directional Drills,Jack&Bores,nor Microtunnel included. $ - $ - $ - $ - B-1 !Early Construction Task Efforts 1. AL $ (2,238,480.84) $ (2,238,480.84) B-2 ADD 6% 1. IS $ 505,865.18 $ 505,865.18 3%for Operating Cost,General Conditions B-3 and Overhead 1. LS $ 376,823.62 $ 376,823.62 B-4 1$500k Savings FEE from Pipe Bursting V/E 1. LS $ - B-5 iCity Contingency 1. AL $ - $ - B-6 jNo need Builder Risk 1. AL $ (47,667.00) $ (47,667.00) B-7 Seacrest Blvd Landscape 1. AL $ (61,878.20) $ (61,878.20) TOTAL $ 8,431,086.33 GMP 1 $ 3,233,885.33 FM EAST ALTERNATE $ 895,815.52 I i COMBINED TOTAL I I I $ 12,560,787.18 NOTES: 1 Deleted borings in Intracoastal.Only two minor subs will quoted without borings-Not Responsible For Conditions other than sandy soils where typical directional drilling can be succesfull. 2 Pre-cast drainage is based on 6"walls bet DOT standards 3 2019 when pipe-bursting work should be completed. ALT FORCE MAIN EAST SIDE 1 !MOB 1. LS $ 91,000.00 $ 91,000.00 2 'MOT 1. LS $ 23,000.00 $ 23,000.00 3 HDDWoolbriht 115. FT $ 269.57 $ 31,000.55 4 HDD FECIVR 100. FT $ 480.00 $ 48,000.00 U.S.-1(Contingent on obtaining HDD =temporary eastment from McDonalds to 5 ;use their parkinglot) 120. FT $ 266.67 $ 32,000.40 6 HDD !Intracoastal Water Way 560. FT $ 396.43 $ 222,000.80 7 HDD-Frac =_ Repairs(Remove,repair,Restore) 150. FT $ 52.00 $ 7,800.00 7 Rail Rd Inspector 5. DAY $ 1,000.00 $ 5,000.00 8 Rail Rd lInsurance 1. IS $ - $ - 9 Rail Rd '=,Bond 1. LS $ 9,900.00 $ 9,900.00 10 !Asphalt Removal 2,536. SY $ 5.30 $ 13,440.80 11 8" FM Pipeline PVC 1,958. FT $ 21.00 $ 41,118.00 12 8" 1FM Pipeline DIP 895. FT $ 54.00 $ 48,330.00 13 8" !Pipe Restraints 57. EA $ 170.00 $ 9,690.00 14 8" =Gate Valves 3. EA $ 2,000.00 $ 6,000.00 15 8" Fittings 22. EA $ 780.00 $ 17,160.00 16 Utility Crossings 9. EA $ 3,600.00 $ 32,400.00 17 10" FM Connection 1. Is $ 5,200.00 $ 5,200.00 18 Air Release Valves 3. EA $ 7,500.00 $ 22,500.00_ 19 8"+1" Trench Limerock/Asph Patch 3,170. SY $ 16.00 $ 50,720.00 20 1" =Mill and Overlay 3,170. sy $ 9.00 $ 28,530.00 21 Temp Stripe 400. FT $ 0.60 $ 240.00 22 Penn Stripe 500. FT $ 0.80 $ 400.00 23 Minimum Markings Mob 2. ea $ 1,500.00 $ 3,000.00 '_.MISC 24 Density testing 29. EA $ 25.00 $ 725.00 25 :Survey Lay-out 1. LS $ 2,500.00 $ 2,500.00 26 As-builts 1. LS $ 1,500.00 $ 1,500.00 27 Pre-Con Video 3,281. FT $ 0.30 $ 984.30 28 Pipe Testing/Pigging 2,853. FT $ 0.40 $ 1,141.20 29 Railroad Inspector 3. day $ 1,000.00 $ 3,000.00 ALLOWANCE ITEMS 30 CONSTR Intersection SE 12Av&SE1St 1. AL $ 10,000.00 $ 10,000.00 31 General Conditions 1. LS $ 76,827.93 $ 76,827.93 32 ADD 6% 1. LS $ 50,706.54 $ 50,706.54 1 $ 895,815.52 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II This AGREEMENT is made effective as of May_,2018,by and between the following parties,for services in connection with the Project identified below: OWNER: The City of Boynton Beach,Florida 100 E.Boynton Beach Boulevard P0 Box 310 Boynton Beach,FL 33425-0310 DESIGN-BUILDER: RIC-MAN Int.Inc. 1545 NW 27Th Ave. Pompano Beach,FL 33069 PROJECT: Progressive Design-Build Central Seacrest Corridor Utility Improvements Phase II WHEREAS, the CITY solicited proposals from qualified Design-Build Firms to design, furnish and construct the Central Seacrest Corridor Utilities Improvements-Contract 2.The project includes but is not limited to potable water main replacements, reclaimed water main extensions, a forcemnin and stormwater system upgrades,including landscape removal and relocation,exfiltration trench installations, pavement overlay and miscellaneous upgrades to driveway aprons and sidewalks. The terms Phase 2 and Contract 2 are used interchangeably in the document,which mean the same.The project area is bordered on the north by the south right-of way line S.W 4th Avenue,on the east by the FEC Railroad,on the south by Woolbright Road,and on the west by Interstate 95. WHEREAS, pursuant to Section 287.055, Florida Statutes, the City of Boynton Beach solicited proposals for non-exclusive Contracts to perform professional services,and WHEREAS,at its meeting November 7,2017 the CITY Commission confirmed the short list and authorized the proper CITY officials to negotiate this Contract herein after referred to as Contract No.: ;and WHEREAS,CITY and DESIGN-BUILDER,in reliance on the proposals set forth in the RFQ and as later approved and ratified by the CITY as herein above described, now desire to enter into this Agreement respecting the Project;and WHEREAS,CITY has determined that entering into this Agreement with DESIGN-BUILDER for the design and construction of the Project contemplated by this Agreement is in the best interests of the health,safety,and welfare of the citizens and residents of the CITY of Boynton Beach,Florida;and Page 1 Progressive Design/Build Agreement Contract# PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE IT WHEREAS, because there will be inherent efficiencies and economies achieved by the CITY which will be in the best interest of the health,safety and welfare of the citizens and residents of and the CITY of Boynton Beach,Florida,the CITY has determined it is appropriate to enter into this Agreement embracing the design and construction of the Project,all as more fully set forth below; In consideration of the mutual covenants and obligations contained herein,Owner and Design-Builder now agree as follows: Article 1.0 Scope of Work 1.1 Phased Delivery.Owner and Design-Builder will implement the Project on a phased basis. 1.2 Phase 1 Services. Owner has selected Design-Builder on the basis of Design-Builder's Qualifications for the performance of design, pricing, and other services for the Project during Phase 1.Design-Builder shall perform such services to the level of completion required for Design- Builder to establish the Contract Price for Phase 2,as set forth in Section 13 below.The Contract Price for Phase 2 shall be developed during Phase I in conjunction with Attachment B.Design- Builder's Compensation for Phase I Services is set forth in Section 1,Phase I,of Attachment B, Compensation.The level of completion required for Phase 1 Services is defined in Attachment A, Scope of Work(either as a percentage of design completion or by defined deliverables). 1.3 Phase 2 Services. Design-Builder's Phase 2 services shall consist of the completion of design services for the Project, the procurement of all materials and equipment for the Project, the performance of construction services for the Project,the start-up,testing, and commissioning of the Project,and the provision of warranty services,all as further described in Attachment A,Scope of Work.Upon receipt of Design-Builder's proposed Contract Price for Phase 2,Owner may(a) accept the Contract Price and issue a Notice to Proceed with Phase 2 services,or(b)enter into a negotiation with Design-Builder on the scope and Contract Price,and,if required,on the schedule, for Phase 2 services to achieve a mutually acceptable basis on which to proceed, or (c) reject Design-Builder's proposal for Phase 2 and either(i)cancel the Project,(ii)proceed with another Design-Builder,or(iii)exercise the"off-ramp"final design provisions of Section 1.4,Off-Ramp. The Contract Price for Phase 2 Services will be set forth in Section 2,Phase 2,of Attachment B, Compensation,when mutually agreed between the parties.Once the parties have agreed upon the Contract Price and Owner has issued a Notice to Proceed with Phase 2, Design-Builder shall perform the Phase 2 services,all as further described in Attachment A,Scope of Work,as it may be revised. 1.4 Off-Ra mp 1.4.1 The parties acknowledge that Owner's ability to successfully complete the Project may be significantly impacted if Owner elects to terminate Design-Builder's services at the end of Phase 1,rather than proceeding to Phase 2 under Section 1.3 ("Phase 2 Services") and certain design subconsultants are not available to continue working on the Project.Consequently,Design- Builder hereby agrees that if Owner terminates Design-Builder for any mason,Owner shall have the right to contract directly with such design subconsultants for design-related services on this Project,and Design-Builder shall take such steps as are reasonably necessary to enable Owner to implement such relationship. Design-Builder shall provide in any design sub consultancy Page 7 Progressive Design/Build Agreement Contract# PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II agreements that Owner shall have the right to negotiate directly with such design subconsultants for the continuation of their services with respect to the Project,and that any provisions with respect to copyright or the ownership of instruments of service confirm such right of Owner. 1.4.2 If the parties are unable to reach an agreement on Design-Builder's proposed Contract Price for Phase 2 under Section 1.3 Within the time limit for acceptance specified in the Proposal,as may be extended by the mutual agreement of the parties,then the proposed Contract Price shall be deemed withdrawn and of no effect.In such event,Owner and Design-Builder shall meet and confer as to how the Project will proceed,with Owner having the following options: 1.4.2.1 Owner may declare Phase I Services completed and authorize Design-Builder to continue to advance the final design of the Project as an extension of Phase 1 or as an Additional Service,as applicable;or 1.4.2.2 Owner may terminate the relationship with Design-Builder and proceed to exercise its available options to perform the final design and construction with parties other than Design-Builder. 1..4.3 If Owner fails to exercise either of its options under Section 1.4.2 in a reasonable period of time, Design-Builder may give written notice to Owner that it considers this Agreement completed. If Owner fails to exercise either of the options under Section 1.4.2 within ten(10)days of receipt of Design-Builder's notice,then this Agreement shall be deemed completed. 1.4.4 1f Owner terminates the relationship with Design-Builder under Section 1.4.2.2,or if this Agreement is deemed completed under Section 1.4.3,then Design-Builder shall have no further liability or obligations to Owner under this Agreement. 1.5 Completion. Once Design-Builder has received a Notice to Proceed with Phase 2, Design- Builder shall perform all design and construction services, and provide all material, equipment, tools, labor, manuals, and start-up and commissioning services for the Project necessary to complete the Work described in and reasonably inferable from the Contract Documents.Following Substantial Completion of the Work, Design-Builder shall conduct performance tests to demonstrate that the Project Performance Criteria have been met, as a condition for Final Acceptance. Article 2.0 Contract Documents 2.1 Contract Documents.The Contract Documents are comprised of the following: 2.1.1 All written modifications, amendments and change orders to this Agreement issued in accordance with Attachment D,General Conditions; 2.1.2 Written Supplementary Conditions,if any,to the General Conditions; 2.1.3 This Agreement,including all exhibits and the following attachments: Attachment A.Scope of Work Section 1 Phase I Scope of Work Section 2 Phase 2 Scope of Work Page 3 Progressive Design/Build Agreement Contract# PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Attachment B Compensation Section 1 Phase 1 Services Compensation Section 2 Contract Price for Phase 2 Services Attachment C Schedule Attachment D General Conditions Attachment E Indemnity,Insurance&Bonding Attachment F Owner's Permit List Attachment G Special Conditions Attachment H Phase One-Design Development / Guaranteed Maximum Price Development/ Scope of Work 2.1.4 Construction Documents prepared and reviewed in accordance with GC 2.4; 2.1.5 The following other documents,if any,attached by reference hereto: • Request for Qualifications(RFQ)No.037-2821-17TP,Appendices and Addendum • Utility Technical Specifications(in project e-Builder folders) Article 3.0 Interpretation and Intent 3.1 Contract Documents.The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s)for the Phase 1 Compensation and the agreed Contract Price for Phase 2 Services.The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict,with words and phrases interpreted in a manner consistent with construction and design industry standards.In the event of any inconsistency,conflict,or ambiguity between or among the Contract Documents, the Contract Documents shall take precedence in which they are listed in Section 2.1 hereof. 3.2 Meanings.Terms,words and phrases used in the Contract Documents,including this Agreement, shall have the meanings given them in GC 1.2. 3.3 E Entire Agreement. The Contract Documents form the entire agreement between Owner and Design-Builder and by incorporation herein are as fully binding on the parties as if repeated herein in their entirety.No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents.Nothing contained in the Contract Documents shall create any contractual relationship between the Owner,and any Sub-Contractor or Sub-Sub Contractor. 3.4 Intent. it is the intent of the Contract Documents to describe a functionally complete project consisting of total design performed by the design professional and construction to be completed 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 will be supplied whether or not specifically called for.When words which have a well-known technical or trade meaning are used to describe Work,materials or equipment such words shall be interpreted in accordance with that meaning.Reference to standard specifications,manuals or codes of any technical society, organization or association, or to the laws or regulations of any Page 4 Progressive Design/Build Agreement Contract# PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II governmental authority,whether such reference be specific or by implication,shall mean the latest standard specification,manual,code or laws or regulations in effect at the time of contract award, except as may be otherwise specifically stated.However,no provision of any referenced standard specification,manual or code(whether or not specifically incorporated by reference in the Contract Documents)shall be effective to change the duties and responsibilities of City,Design-Builder,or any of their consultants,agents or employees from those set forth in the Contract Documents. 3.5 Amending and Supplementing Contract Documents.The Contract Documents may be amended to provide for additions,deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1 A Change Order; 3.5.2 A Written Amendment;or 3.5.3 Work Change Directive Article 4.0 Ownership of Work Product Work Product. All reports, drawings, specifications, plans, and all other documents and data developed by Design Builder for Owner under this Agreement and under all Task Orders shall be the property of OWNER upon Owner's payment in full without restriction or limitation.Reuse of these documents for other projects, later remodeling,or future additions shall be at Owner's sole risk and without any liability to Design Builder. Article 5.0 Contract Time 5.1 Dates of Commencement. 5.1.1 Design-Builder's Phase 1 Services shall commence within five(5)days of Design-Builder's receipt of Owner's Phase I Notice to Proceed unless the parties mutually agree otherwise in writing.The parties shall use their best efforts to complete the Phase l Services within the time durations detailed in Attachment H.Section Entitled;"TIME OF COMPLETION/SCHEDULE". 5.1.2 The Phase 2 Services shall commence on the date within five(5)days of Design-Builder's receipt of Owner's Phase 2 Notice to Proceed ("Date of Commencement")unless the parties mutually agree otherwise in writing. 5.2 Substantial Completion and Final Completion 5.2.1 Substantial Completion of the entire Work shall be achieved no later than (}calendar days after the Date of Commencement or as mutually agreed to by the Owner and Design Builder ("Scheduled Substantial Completion Date"). 5.2.2 Interim milestones and/or Substantial Completion of identified portions of the Work shall be achieved in accordance with Attachment C, Schedule. 5.23 Final Completion of the Work or identified portions of the Work shall be achieved within Sixty (60)calendar days after Substantial Completion. Page 5 Progressive Design/Build Agreement Contract# PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 5.2.4 All of the dates set forth in this Article 5.0 shall be subject to adjustment in accordance with the General Conditions. 5.3 Time is of Great Importance. Owner and Design-Builder mutually agree that time is of great importance with respect to the dates and times set forth in the Contract Documents.Owner agrees to provide all site access,materials,information,data,and approvals required under the Contract Documents in a timely manner, as required for Design-Builder to achieve the interim milestones of the Schedule and the Scheduled Substantial Completion Date. 5.4 Liquidated Damages. 5.4.1 Design-Builder understands that if Substantial Completion is not achieved by the Scheduled Substantial Completion Date(as it may be extended hereunder),Owner will suffer damages which are difficult to determine and accurately specify. Design-Builder agrees that if Substantial Completion is not achieved by the Scheduled Substantial Completion Date (the "LD Date"), Design-Builder shall pay Owner Two Thousand Five Hundred Dollars ($2,500.00) as liquidated damages for each day that Substantial Completion extends beyond the LD Date,up to a maximum of One hundred Thousand Dollars($100,000.00). The foregoing liquidated damages(the"Liquidated Damages")shall be in lieu of all other monetary remedies that the Owner shall have in the event of the Design's delay in completing the Work and the aggregate of all Liquidated Damages shall be capped at the Design Builder's fee pursuant to the Schedule of Value for that Purchase Order and/or phase GMP.After Substantial Completion of the work set forth in each Notice to Proceed, should Design-Builder neglect, refuse or fail to complete the remaining work in the Notice to Proceed for the work within SIXTY(60)calendar days from the Substantial Completion date or any approved extension thereof,Design-Builder shall pay to Owner of sum of ONE THOUSAND DOLLARS,($1,000.00) for each calendar day after the time above(plus approved extensions)until final completion and readiness for final payment. These amounts are not penalties but liquidated damages to Owner.Liquidated damages are hereby fixed and agreed upon between the parties,recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by Owner as a consequence of such delay,and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Design Builder to complete the Contract on time.The foregoing liquidated damages(the"Liquidated Damages")shall be in lieu of all other monetary remedies that the Owner shall have in the event of the Design's delay in completing the Work and the aggregate of all Liquidated Damages shall be capped at the Design Builder's fee pursuant to the Schedule of Value for that Purchase Order and/or phase GMP. 5.4.2 Owner is authorized to deduct accrued liquidated damage amounts from the monies due Design- Builder for work under this Agreement provided however,Owner may not make such deductions until after the Contract time has expired,and credited against retainage initially. 53 Early Completion Bonus.If Substantial Completion is achieved on or before (_)days before the Scheduled Substantial Completion Date(the`Bonus Date"),Owner shall pay Design- Builder at the time of Final Payment under Section 7.4 hereof an early completion bonus of fight Hundred Dollars($800.00)for each day that Substantial Completion is achieved earlier than the Page 6 Progressive Design/Build Agreement Contract# PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Bonus Date. Such Early Completion bonus shall not exceed Sixty Thousand Dollars($60,000.00) in the aggregate. Article 6.0 Compensation and Contract Price 111 6.1 Phase 1 Compensation. For the Phase 1 Services, Owner shall pay Design—Builder compensation in.accordance with Section 1,Phase 1,of Attachment B,Compensation. 6.2 Phase 2 Contract Price.For the Phase 2 Services,Owner shall pay Design-Builder in accordance with Section 2,Phase 2,of Attachment B,Compensation,an agreed Contract Price equal to Design- Builder's Fee(as defined in Attachment B)plus the Cost of the Work(as defined in Attachment B),subject to adjustments made in accordance with the General Conditions. Article 7.0 Procedure for Payment 7.1 Payment for Phase 1 Services 7.1.1 Owner shall compensate Design-Builder monthly for Phase 1 Services performed under the Agreement per Attachment B,Section 1. 7.1.2 Owner shall pay Design-Builder for Phase 1 Services within thirty(30)days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with the provisions of GC 5 .1 ("Payment for Phase 1 Services")and 5.4("Withholding of Payments"). 7.2 Progress Payments for Phase 2 Services 7.2.1 An initial payment of Zero dollars ($0) shall be made upon execution of this Agreement and credited to Owner's account at final payment. 7.2.2 Design-Builder shall submit to Owner on or before the tenth(10th)day of each month,beginning with the first month after the Date of Commencement,Design-Builder's Application for Payment in accordance with GC 5.3 ("Monthly Progress Payments for Phase 2 Services"). 7.2.3 Owner shall make payment within thirty(30)days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with Attachment D-GC 53,but in each case less the total of payments previously made, and less any amounts properly withheld under GC 5.4 ("Withholding of Payments")and Section 7.3 below("Retainage on Progress Payments"). 7.2.4 If Design-Builder's Fee is a fixed amount,the amount of Design-Builder's Fee to be included in Design-Builder's monthly Application for Payment and paid by Owner shall be proportional to the percentage of the Work completed,less payments previously made on account of Design-Builder's Fee. 7.3 Retainage on Progress Payments 7.3.1 Owner will retain&percent(10%)of each Application for Payment provided,however,that when fifty percent (50%) of the Work has been completed by Design-Builder, and if the Work is proceeding satisfactorily,then Owner will not retain any additional amounts from Design- Page 7 Progressive Design/Build Agreement Contract# �_._ PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Builder's subsequent Applications for Payment, Owner will also reasonably consider reducing retainage for Subcontractors completing their work early in the Project. 7.4 Upon Substantial Completion of the entire Work or,if applicable,any portion of the Work,pursuant to GC 5.7("Substantial Completion"),Owner shall release to Design—Builder all retained amounts relating,as applicable,to the entire Work or completed portion of the Work,less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion or other withholdings pursuant to GC 5.4.Final Payment.Design-Builder shall submit its Final Application for Payment to Owner in accordance with GC 5.8 ("Final Payment").Owner shall make payment on Design-Builder's properly submitted and accurate Final Application for Payment within thirty(30)days after Owner's receipt of the Final Application for Payment,provided that Design-Builder has satisfied the requirements for final payment set forth in GC 5.8.2. 7.5 Record Keeping and Financial Controls. Design-Builder acknowledges that this Agreement is to be administered on an "open book" arrangement relative to Costs of the Work, including the development and agreement upon the Contract Price for Phase 2 Services. Design-Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles, and in such accounts as may be necessary for Owner's utility accounting purposes. During the performance of the Work and for a period of three (3) years after Final Payment, Owner and Owner's accountants shall be afforded access from time to time, upon reasonable notice, to Design-Builder's records, books, correspondence, receipts, subcontracts, purchase orders,vouchers,memoranda and other data relating to the Work, all of which Design- Builder shall preserve for a period of three(3)years after Final Payment,provided,however,that such access,review,and audit rights shall not extend to any compensation amounts established on the basis of fixed rates for overhead or fee,or an agreed fixed sum,or unit rates for any element of cost. Article 8.0 Representatives of the Parties 8.1 Owner's Representatives 8.1.1 Owner designates the individual listed below as its Senior Representative ("Owner's Senior Representative"),which individual has the authority and responsibility for avoiding and resolving } disputes under GC 8.2.3: Joseph Paterniti,P.E. Utility Director 124 E Woolbright Road, Boynton Beach,FL 33435 561-742-64023 8.1.2 Owner designates the individual listed below as its Owner's Representative,which individual has the authority and responsibility set forth in GC 3.4("Owner's Representative"): Page 8 Progressive Design/Build Agreement Contract# PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE H Christopher Roschek,P.E. Projects Manager 124 E Woolbright Road, Boynton Beach,FL 33435 561-742-6413 8.2 Design-Builder's Representatives 8.2.1 Design-Builder designates the individual listed below as its Senior Representative ("Design- Builder's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under GC 8.2.3: Rene L.Castillo SR President RIG-MAN Int.Inc. 1545 NW 27TH Ave. Pompano Beach,FL.33069 (954)426-1042 Project Team Manager 8.2.2 Design-Builder designates the individual listed below as its Design-Builder's Representative, which individual has the authority and responsibility set forth in GC 2.1.1: Michael Jankowski Vice-President RIC-MAN Int.Inc. 1545 NW 27TH Ave. Pompano Beach,FL.33069 (954)426-1042 Article 9.0 Indemnity,Insurance and Bonds 9.1 Indemnity. Indemnification obligations between the parties shall be as set forth in Section 1.0, Indemnity,of Attachment E,Indemnity,and Insurance&Bonding. 9.2 Insurance.The parties shall procure the insurance coverages set forth in Attachment E,Indemnity, Insurance&Bonding,in accordance with the General Conditions. 9.3 Bonds and Other Performance Security. If so required, Design-Builder shall provide a performance bond and labor and material payment bond or other performance security in accordance with Section 8.0,Bonds,of Attachment E,Indemnity,and Insurance&Bonding. Article 10.0 Other Provisions Page 9 Progressive Design/Build Agreement Contract tt PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 10.1 10.2 Limitation of Liability for Consequential Damages. e . ,!. . 10.3 Public Records: In order to comply with Florida's public records laws,the Design-Builder shall: a.Keep and maintain public records that ordinarily and necessarily would be required by Owner in order to perform the services under the Agreement. b.Provide the public with access to public records on the same terms and conditions that Owner would provide the records and at a cost that does not exceed the cost provided in Chapter 119 Florida Statutes or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d.Meet all requirements for retaining public records and transfer,at no cost,to Owner all public records in possession of Design Builder upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Owner in a format that is { compatible with the information technology systems of Owner. e. The Parties agree that public records under this Contract shall not include records that are(a) protected from disclosure under applicable law,or(b)privileged or confidential information. 10.4 Sovereign Immunity.The parties hereto acknowledge that Owner is a political subdivision of the state of Florida and enjoys sovereign immunity.Nothing in this Agreement shall be construed to require Owner to indemnify Design-Builder or insure Design-Builder for its negligence or to assume any liability for Design-Builder's negligence.Further,any provision in this Agreement that requires Owner to indemnify,hold harmless or defend Design-Builder from liability for any reason shall not alter Owner's sovereign immunity or extend Owner's liability beyond the limits established in section 768.28,Florida Statutes,as amended. 10.5 Design-Builder. Design-Builder warrants that it has not employed or retained any company or person,other than a bona fide employee working solely for the Design-Builder to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, Page 10 Progressive Design/Build Agreement Contract# PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE H individual,or Design-Builder,other than a bona fide employee working solely for Design-Builder any fee,commission,percentage,gift or other consideration contingent upon or resulting from the award or making of this Agreement.This prohibition is more frilly set forth in§ 287.055(6),Fla. Stat,as amended. 10.6 Equal Opportunity Employment. Design-Builder agrees that it will not discriminate against any employee or applicant for employment because of race,color,religion,sex,age or national origin and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age or national origin. This provision shall include, but not be limited to the following:employment upgrading,demotion, or transfer,recruitment advertising,layoff or termination,rates of pay or other forms of compensation and selection for training,including apprenticeships. 10.7 Independent Contractor. It is expressly acknowledged by the parties hereto that the Design- Builder is an independent contractor, and nothing contained in this Agreement will be deemed or construed to create a partnership or joint venture between Owner and Design-Builder or any other relationship between the parties. Additionally,nothing in this Agreement is intended nor shall be construed to create an employer/employee relationship. 10.8 Force Majeure.Neither party shall be liable nor deemed to be in default for any delay or failure in performance under this Agreement or for other interruption of service deemed resulting,directly or indirectly,from acts of God,civil or military authorities,acts of the public enemy,war(whether or not declared),riots,insurrections,acts of government,accidents,fires,explosions,earthquakes, floods, failure of transportation, strikes or any similar or dissimilar cause beyond the reasonable control of either party. 10.9 Tax Exempt Status.Owner is a tax-exempt entity(State Tax Exempt Certificate No. 8j-8012621544C-0 and is not obligated to pay sales, use or other similar taxes. If Owner is not exempt for a particular tax,it will reimburse Design-Builder for those taxes. 10.10 Truth-In-Negotiation Certificate.Signature on this Agreement by Design-Builder shall act as the execution of a truth-in negotiation certificate stating that factual unit costs supporting the compensation of the Agreement(and each Task Order)are accurate,complete,and current at the time of contracting. The original Contract price and any additions thereto shall be adjusted to exclude any significant sums by which Owner determines the contract price was increased due to inaccurate, incomplete, or non-current factual unit costs. All such contract adjustments shall be made within one(1)year 10.11 Public Entity Crime Statement. Design-Builder represents that the execution of this Agreement will not violate Section 287.133(2)(a),F.S.,("Public Entity Crimes Act")which provides,in part, that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to Owner,may not submit a bid on a contract with Owner for the construction or repair of a public building or public work, may not submit bids on leases of real property to Owner, may not be awarded or perform work es a contractor, supplier,Subcontractor, or consultant under a contract with Owner, and may not transact business with OWNER in excess of the threshold amount provided in Section 287.017,Florida Statutes, for CATEGORY TWO for a period of 36 months Page 11 Progressive Design/Build Agreement Contract# PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II from the date of being placed on the convicted vendor list. Violation of this section by Design- Builder shall result in termination of the Agreement by Owner without penalty. In addition to the foregoing, Design-Builder further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133 Florida Statutes, as a "public entity crime"and that it has not been formally charged with committing an act defined as a"public entity crime"regardless of the amount of money involved or whether Design-Builder has been placed on the convicted vendor list. 10.12 Codes, Ordinances and Laws. The Design-Builder agrees to abide and be governed by all applicable City,County,State and Federal codes,regulations,building codes,ordinances and laws which may have a bearing on the Services involved on the projects of each Task Order. All plans and drawings shall comply with all such codes in effect as of the date of submittal of such plans and drawings to government officials and agencies for approval.This Agreement shall be governed by the law of the state of Florida.Design-Builder is familiar with and shall comply with all laws, ordinances and regulations applicable to the supplies,products,equipment,and software or services furnished under this Agreement. 10.13 Hazardous Substances. Design-Builder shall notify the Owner of hazardous substances or conditions not contemplated in the scope of Services of which Design-Builder actually becomes aware. Upon such notice by Design—Builder, Design-Builder will stop affected portions of its Services. The parties shall decide if Design-Builder is to proceed with testing and evaluation and may enter into further agreements as to the additional scope,fee,and terms for such Services. ii 10.14 Cause of Action. Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 10.15 Attorney's Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement,reasonable attorney's fees and costs,including those at the appellate level,shall be awarded to the prevailing party. 10.16 Counterparts.This Agreement may be executed in one or more counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. 10.17 Prior Agreements. Any prior agreements between the parties that are in conflict with the provisions contained herein are,to the extent of any such conflict,hereby superseded and repealed by this Agreement. Page 12 Progressive Design/Build Agreement Contract# PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II In executing this Agreement, Owner and Design-Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement,arid each has the necessary corporate approvals to execute this Agreement,and perform the services described herein. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this /6-41 day of / yam_ ,2Q CITY OF BOYNTON BEACH City Manager �'7- actor 1' Attest/Authenticated: V t Cc fire A-. Title (Corporate Seal) City ark J Approved as to Form: Attest/Authenticated: ©A' a ` CC City Attorney Secretary Page.13 Progressive Design/Build Agreement Contract# PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE U ATTACHMENT A SCOPE OF WORK SECTION 1 PHASE 1 1.0 Design-Builder shall exercise reasonable skill and judgment in the furnishing of design services. Engineering and professional services shall be furnished by licensed employees of Design-Builder, or by consultants or subcontractors as permitted by the law of the state where the Project is located. Design-Builder is responsible for the following Preliminary Design-Build Services: 1.1 Preliminary Evaluation. Design-Builder shall conduct and provide a preliminary evaluation of the Project's feasibility based on the Owner's Phase I Design Development and Performance Criteria requirements found in Attachment H. 1.2 Preliminary Schedule.Design-Builder shall provide a preliminary schedule for Owner's written approval.The schedule shall show the activities of Owner and Design-Builder necessary to meet Owner's completion requirements. 1.3 Preliminary Estimate.Design-Builder shall prepare for Owner's written approval a preliminary estimate utilizing area,volume,or similar conceptual estimating techniques,The Ievel of detail for the estimate shall reflect the Owner's Program and any additional available information. If the preliminary estimate exceeds Owner's budget,Design-Builder shall make written recommendations to Owner. 1.4 Preliminary Design Documents. Design-Builder shall submit for Owner's written approval Preliminary Design Documents, based on the Owner's Program and other relevant information. Preliminary Design Documents shall include updated drawings based on Attachment H performance criteria, outline specifications and other conceptual documents as further defined herein illustrating the Project's basic elements, scale and their relationship to the site conditions. One set of these Documents shall be furnished to Owner. Design-Builder shall update the preliminary schedule and preliminary estimate based on the Preliminary Design Documents. 1.5 Division of Responsibility.Design-Builder shall prepare for Owner's review a proposed Division of Responsibility with respect to the Project,showing(a)equipment,materials,labor,and services to be provided by Design-Builder, (b) access, equipment, materials, data, information, and approvals to be provided by Owner,and(c)any items necessary for the Project to be provided by third parties. L6 Contract Price Proposal.Based on the Preliminary Design-Build Services,Design-Builder shall prepare for Owner's consideration a proposed Guaranteed Maximum Contract Price(GMP)for the Phase 2 Services.ATTACHMENT A Page 2 1.7 Additional Services.Design-Builder shall provide the following additional services,if any: 1.1.7. See Attachment H-Phase 1 Scope of Work ATTACHMENTA Page 1 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II SECTION 2 PHASE 2 2.1 Completion of Design 2.1.1. Drawings and Specifications Design-Builder shall submit for Owner's review and written comment, Updated Drawings and Specifications based on the Contract Documents and the Preliminary Design Documents prepared under Phase 1 and any further development of Contract Documents that have been approved in writing by Owner. The Drawings and Specifications shall set forth in detail the requirements for construction of the Work,and shall be based upon codes,laws or regulations enacted at the time of their preparation,provided,however,that if such codes,law,or regulations have changed between the date on which Design-Builder submitted its proposed Contract Price and the date of preparation, then Design-Builder shall be entitled to an equitable adjustment in the compensation and/or the Schedule. Construction shall be in accordance with these approved Drawings and Specifications. One set of these documents shall be furnished to Owner prior to commencement of construction. 2.1.2. Mannals Design-Builder shall provide a Commissioning and Startup Manual and an Operations and Maintenance Manual for the Facility,if Applicable. 2.2 Construction Services 2.2.1. Notice to Proceed Following Owner's written acceptance of Drawings and Specifications under Paragraph 2.1.1.above,Design-Builder will commence the performance of Construction Services. 2.2.2. Completion In order to complete the Work, Design-Builder shall provide all necessary construction supervision, inspection, construction equipment, labor, materials, tools, and subcontracted items. 2.2.3. Compliance Design-Builder shall give all notices and comply with all laws and ordinances legally enacted at the date of execution of the Agreement which govern the proper performance of the Work. 2.2.4. Schedule Design-Builder shall prepare and submit a Schedule of Work in the form of a revised Attachment C,Schedule,for Owner's written approval.This Schedule shall indicate the dates for the start and completion of the various stages of the construction including the dates when information and approvals are required from Owner or regulatory agencies. It shall be revised as required by the conditions of the Work. The Schedule of Work shall be the basis for Design- Builder's management and control of the project and its reporting of progress to Owner. 2.2.5. Permits Design-Builder shall assist Owner in securing the permits necessary for the construction of the Project. 2.2.6. Safety and Hazardous Conditions Design-Builder shall take necessary precautions for the safety of its employees and Subcontractors on the Project,and shall comply with all applicable provisions of federal, state and municipal safety laws to prevent accidents or injury to persons on, about or adjacent to the Work Site. Design-Builder, directly or through its Subcontractors, shall erect and properly maintain at all times,as required by the conditions and progress of the Work, necessary ATTACHMENTA Page 2 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II safeguards for the protection of workers,any other persons on the site,and the public.The progress of this Work.The Design-Builder shall protect Owner's property. All damage which occurs as a result of this Contract shall be promptly restored to at least its original pre-contracted condition. However, Design-Builder shall not be responsible for the elimination or abatement of any pre- existing Hazardous Materials at the site or any safety hazards created or otherwise resulting from work at the Site carried on by Owner or its employees, agents, separate contractors or tenants. Owner agrees to cause its employees,agents,separate contractors,and tenants to abide by and fully adhere to all applicable provisions of federal,state and municipal safety laws and regulations.The Design-Builder shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage,injury or loss.The Design-Builder shall perform all duties of the Owner that are required under the applicable codes with respect to the provision providing for supervision as to safe work site for all employees, Sub Contractors and their employees. The Design-Builder shall erect and maintain, as required by existing conditions and progress of the Work,all reasonable safeguards for safety and protection including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities.The Design-Builder shall also provide both visible and audible warning devices for all hazardous areas of construction.Such areas must be separated from normal pedestrian traffic by suitable barricades placed at an appropriate distance from the hazard.The above provision shall not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work,nor for compliance with all applicable provisions of relevant laws. 2.2.7. Reports As provided in GC 2.2.1.Design-Builder shall provide monthly written reports to Owner on the progress of the Work including a system of cost reporting for the Work,and also including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes in the Work. 2.2.8. Slte Maintenance At all times Design-Builder shall maintain the Site of the Work free from debris and waste materials resulting from the Work.At the completion of the Work,Design-Builder shall remove from the premises all construction equipment,tools,surplus materials,waste materials and debris.ATTACHMENT A Page 4 2.3 Hazardous Material 2.3.1 A Hazardous Material is any substance or material identified now or in the future as hazardous under any federal,state or local law or regulation,or any other substance or material which may be considered hazardous or otherwise subject to statutory or regulatory requirements governing handling, disposal and / or clean -up. Design-Builder shall not be obligated to commence or continue Work until any known or suspected Hazardous Material discovered at the Site has been removed,rendered or determined to be harmless by Owner as certified by an independent testing laboratory and approved by the appropriate government agency. 2.3.2. if after the commencement of the Work, known or suspected Hazardous Material or Hazardous Conditions are discovered at the Site,Owner and Design-Builder shall proceed in accordance with the requirements of GC 4.1 ("Hazardous Conditions&Differing Site Conditions"). ATTACHMENTA Page 3 l__ i PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE U 2.4 Patents&Copyright 2.4.1 Design-Builder shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials,methods or systems selected by Design-Builder and incorporated in the Work.Design-Builder agrees to defend, indemnify and hold Owner harmless from all suits or claims for infringement of any patent rights or copyrights arising out of such. 2.4.2 Owner shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials,methods or systems selected by Owner or specified in the Performance Criteria or bridging documents to be incorporated in the Work.Owner agrees to defend,indemnify and hold Design-Builder harmless from any suits or claims of infringement of any patent rights or copyrights arising out of any such patented or copyrighted materials,methods or systems specified by Owner. 2.5 Warranties and Completion 2.5.1 Design-Builder's warranty to Owner with respect to construction, including all materials and equipment furnished as part of the construction,shall be as specified in GC 2.9("Design-Builder's Warranty"). 2.5.2 Design-Builder's warranty to Owner with respect to the performance of the Facility upon completion shall be as specified in GC 2.11 ("Performance Warranty U). 2.5.3. Those products,equipment,systems or materials incorporated in the Work at the direction of or upon the specific request of Owner shall be covered exclusively by the warranty of the manufacturer.There are no warranties which extend beyond the description on the face thereof. 2.5.4. No warranty,either express or implied,may be modified,excluded or disclaimed in any way by Design-Builder. All warranties skall remain in full force and effect, notwithstanding acceptance and payment by City. Design - Builder shall secure required certificates of inspection,testing or approval and deliver them to Owner.ATTACHMENT A Page 5 2.5.5. Design-Builder shall collect all written warranties and equipment manuals and deliver them to Owner. 2.5.6. With the assistance of Owner's maintenance personnel,Design-Builder shall direct the checkout of utilities and operations of systems and equipment for readiness, and assist in their commissioning and initial start-up and testing,all in accordance with the permit conditions 2.5.7. See Attachment G-Special Conditions 1-16 2.6 Limitations of Liability 2.6.1. Limitation of Liability. Design-Builder's liability for Owner's damages for any cause or combination of causes (including any liquidated damages), whether based upon contract, tort, breach of warranty,negligence, strict liability,or otherwise,shall be limited as set forth in Section 2 of Attachment E. ATTACHMENT A Page 4 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 2.7 Additional Services Design-Builder shall provide or procure the following Additional Services upon the request of Owner unless such services are specifically included in the Owner's Program or in an attachment to this Agreement.A written agreement between Owner and Design-Builder shall define the extent of such Additional Services and compensation therefor. 2.7.1. Documentation of the Owner's Program, establishing the Project budget(beyond the Cost of the Work), investigating sources of financing, general business planning and other information and documentation as may be required to establish the feasibility of the Project. 2.7.2. Consultations,negotiations,and documentation supporting the procurement of Project financing. 2.7.3. Surveys, site evaluations, legal descriptions and aerial photographs. Appraisals of existing equipment,existing properties,new equipment and developed properties. 2.7.4. Soils,subsurface and environmental studies,reports and investigations required for submission to governmental authorities or others having jurisdiction over the Project. 2.7.5 Consultations and representations other than normal assistance in securing permits, before governmental authorities or others having jurisdiction over the Project 2.7.7. Investigation or making measured drawings of existing conditions or the verification of drawings or other Owner-provided information. 2.7.8. Artistic renderings,models and mockups of the Project or any part of the Project or the Work. 2.7.9. Inventories of existing furniture, fixtures, furnishings and equipment which might be under consideration for incorporation into the Work.ATTACHMENT A Page 6 2.7.10 Interior design and related services including procurement and placement of furniture,furnishings, artwork and decorations. 2.7.11 Making revisions to the Preliminary Design,Design Development, or Construction Documents after they have been reviewed by Owner,and which are due to causes beyond the control of Design- Builder. 2.7.12 Design, coordination,management,expediting and other services supporting the procurement of materials to be obtained,or work to be performed,by Owner,including but not limited to telephone systems,computer wiring networks,sound systems,alarms, security systems and other specialty systems which are not a part of this Agreement 2.7.13 Estimates,proposals, appraisals, consultations, negotiations and services in connection with the repair or replacement of an insured loss. 2.7.14 The premium portion of overtime work ordered by Owner including productivity impact costs. 2.7.15 Document reproduction exceeding the allowances provided for in this Agreement. 2.7.16 Obtaining service contractors and training maintenance personnel,assisting and consulting in the. use of systems and equipment after the initial start-up,and adjusting and balancing of systems and equipment. ATTACH MENT A Page 5 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 2.7.17 Services for tenant or rental spaces or third party facilities not a part of this Agreement. 2.7.18 Services requested by Owner or required by the Work which are not specified in the Contract Documents and which are not normally part of generally accepted design,construction and start- up and commissioning practice. 2.7.19 Serving or preparing to serve as an expert witness in connection with any proceeding, legal or otherwise,regarding the Project 2.7.20 Preparing reproducible (mylar or similar)record drawings from marked-up prints, drawings or other documents that incorporate significant changes in the Work made during the Construction Phase. 2.8 Subcontractors. Work not performed by Design-Builder with its own forces shall be performed by Subcontractors.The provisions of this Agreement and the associated Contract Documents shall be incorporated into all major subcontracts as defined in "schedule of sub- consultant/minority business enterprise 2.8.1 Retaining Subcontractors Design-Builder shall not retain any Subcontractor to whom Owner has a reasonable and timely objection,provided that Owner agrees to compensate Design-Builder for any additional costs incurred by Design-Builder as provided in GC 23.7..Design Builder shall not be required to retain any Subcontractor to whom Design-Builder has a reasonable objection. 2.8.2 Management of Subcontractors Design-Builder shall be responsible for the management of Subcontractors in the performance of their work. 2.8.3 Assignment of Subcontract Agreements Design-Builder shall provide for assignment of subcontract agreements in the event that Owner terminates this Agreement for cause as provided in GC 11.2("Owner's Right-to-Perform and Terminate for Cause").Following such termination, Owner shall notify in writing those subcontractors whose assignments will be accepted, subject to the rights of sureties. SECTION 3 OWNER'S RESPONSIBILITIES 3.1 Information and Services Provided by Owner 3.1.1 Owner shall provide full information regarding requirements for the Project,including the Owner's Program, Performance Criteria, bridging documents, and other relevant information, within the times specified in Attachment C,Schedule. 3.1.2 Owner shall provide: 1. All available information describing the physical characteristics of the site, including surveys, site evaluations, legal descriptions, existing conditions, subsurface and environmental studies,utilities,reports and investigations; 2. Inspection and testing services during construction as required by law or as mutually agreed;and ATTACH MENT A Page 6 j PRO(,IW.SSIVE DESIGN/BUILD A( REENIENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE IT 3. Unless otherwise provided in the Contract Documents, necessary approvals, site plan review,rezoning,easements and assessments,necessary permits,fees and charges required for the construction. 3.1.3 Design-Builder shall be entitled to rely on the completeness and accuracy of the information and services required by this Section 3.1. 3.2 Owner's Responsibilities during Phase 1 3.2.1 If not developed by Owner and Design-Builder under a prior agreement,Owner shall provide the Owner's Program at the inception of the Design Phase. Owner shall review and timely approve schedules, estimates, and design documents furnished during the Design Phase as set forth in Section 3.1. 32.2 Owner shall arrange for access to and make all provisions for Design-Builder to enter upon public and private property as required for Design-Builder to perform Phase 1 services hereunder. 3.2.3 Design-Builder shall be entitled to rely on the completeness and accuracy of the information and documents to be provided by Owner under this Section 3.2. 3.3 Owner's Responsibilities during Phase 2 Design and Construction 3.3.1 Owner shall review and approve the Schedule as set forth in Attachment C,Schedule,as revised. 3.3.2 If Owner becomes aware of any error,omission or failure to meet the requirements of the Contract Documents or any fault or defect in the Work,Owner shall give written notice to Design-Builder within five(5)days of so becoming aware. 3.3..3. Unless otherwise agreed by Design- Builder, Owner shall communicate with Design-Builder's Subcontractors,Suppliers,and Design Consultants only through Design-Builder.Owner shall have no contractual obligations to Subcontractors or Suppliers or Design Consultants. 3.3.4 Owner will not provide insurance for the Project as provided in Attachment E, Indemnity, Insurance,and Bonding. 3.3.5 Owner shall provide timely, clear and adequate access to the site and any laydown areas under control of the Owner. 33.6 Owner shall provide all information,data,and approvals required for Design-Builder's performance of the Work in a timely and complete manner. 3.3.7 Design-Builder shall be entitled to rely on the completeness and accuracy of the information and documents to be provided by Owner under this Section 3.3. 3.4 Owner's Representative Owner's representative,designated in writing and agreed to by Design-Builder: 1 Shall be fully acquainted with the Project; 2 Agrees to furnish the information and services required of Owner when required so as not to delay the performance of the Work;and ATTACHMENT A Page 7 PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 3 Have authority to bind Owner in all matters requiring Owner's approval, authorization or written notice. If Owner changes its representative or the representative's authority as listed above, Owner shall notify Design-Builder in advance in writing. Design-Builder shall have the right to approve any successor representative. 3.5 City's Responsibilities 3.5.1 See Attachment G-Special Conditions 17-19 THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY ATTACHMENT A Page 8 1 a PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II ATTACHMENT B COMPENSATION SECTION 1 PHASE 1 SERVICES-IN ACCORDANCE WITH ATTACHMENT H SCOPE OF WORK $3,233,885.33 SECTION 2 CONTRACT PRICE FOR PHASE 2 SERVICES 1.0 Choice of Compensation Method for Phase 2 Services 1.1 The parties may elect to use the Guaranteed Maximum Price("OMP")form of compensation for the Phase 2 Services, or a fixed Contract Price,or cost-reimbursable compensation with a Fixed Fee. If the GMP form of compensation is to be used,it may be agreed upon before the execution of this Agreement or will be developed and agreed upon for Phase 2 services.If the parties do not use a GMP,then the compensation to Design-Builder shall be a fixed Contract Price developed in accordance with Section 3.0,or shall be based on those fees and costs identified in Section 4.0. 2.0 Guaranteed Maximum Price S The GMP will be adjusted following completioi of Phase 1. 2.1 Use of a GMP Agreed upon Execution of this Agreement 2.1.1 Design-Builder agrees that upon Owner's request,it will submit its proposal for the Contract Price on the basis of a Guaranteed Maximum Price for the Phase 2 Services. Design-Builder does not guarantee any specific line item provided as part of the GMP,but agrees that it will be responsible for paying all costs of completing the Work,which exceed the GM?,as adjusted in accordance with the Contract Documents. Documents used as a basis for the GMP shall be identified in an agreed revision to this Attachment. 2.1.2 The GMP will include an allowance within each work package or task order as determined by the Design-Builder and approved by the Owner when a maximum price for the work package or task order has been not been determined at time of GMP.This allowance will be used as the maximum value for the specific line item and all remaining funds within the work package or task order will revert to the Owner after the price is determined through competitive bidding or final pricing by the Design-Builder.If an allowance is not included within the work package or task order line,the agreed upon price is the maximum for that item.Any savings within the fixed price items will be included in the savings sharing formula specified in Section 2.3.1. 2.1.3 If the parties so agree,the Phase 2 Services may be divided into separate work packages or task orders.And Design-Builder shall propose and Owner shall consider for acceptance a separate GMP for each such work package or task order 2.2 GMP Established at the Commencement Date of Phase 2 I. RFQ II 037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment B PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE 11 2.2.1 GMP Proposal.If requested by Owner, Design-Builder shall submit to Owner a OMP Proposal for the Contract Price as part of the Phase 1 Services,which shall include the following,unless the parties mutually agree otherwise: 1. A proposed GMP,which shall be the sum of: i. Design-Builder's Fee as defined in Section 2,Phase 2, of Attachment B, Compensation; ii. the estimated Cost of the Work as defined In Section 2,Phase 2,of Attachment B, Compensation, inclusive of any Design-Builder's allowance as defined in Section 1.12 above;and iii. if applicable, any prices established under Section 2, Phase 2, of Attachment B, Compensation. 2. A list of the drawings and specifications, including all addenda, used as the basis for the GMP proposal; 3. A list of the assumptions,exceptions,and clarifications made by Design-Builder in the preparation of the GMP Proposal, which list is intended to supplement the information contained in the drawings and specifications; 4. The Scheduled Substantial Completion Date upon which the proposed GMP is based,to the extent said date has not already been established under Paragraph 5.2.1 of the Agreement,and a schedule upon which the Scheduled Substantial Completion Date is based; 5. If applicable,a list of allowances and a statement of their basis; 6. If applicable,a schedule of alternate prices; 7. If applicable,a schedule of unit prices; 8. If applicable,a statement of Additional Services;and 9. The time limit for acceptance of the GMP Proposal. 2.2.2 Review and Adjustment to GMP Proposal. After submission of the GMP Proposal, Design- Builder and Owner shall meet to discuss and review the GMP Proposal.If Owner has any comments regarding the GMP Proposal, or finds any inconsistencies or inaccuracies in the information presented,it shall promptly give written notice to Design-Builder of such comments or findings.If appropriate, Builder shall,upon receipt of Owner's notice,make appropriate adjustments to the LIMP Proposal. 2.2.3 Acceptance of GMP Proposal. If Owner accepts the GMP Proposal,as may it be amended by Design-Builder,the GMP and its basis shall be set forth in an amendment to this Agreement. 2.2.4 Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal, or fails to notify Design-Builder in writing on or before the date specified in the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, 21 RFQ#037-2821-171W Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment B PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II } Owner and Design-Builder shall meet and confer as to how the Project will proceed,with Owner having the following options: 1. Owner may suggest modifications to the GMP Proposal,whereupon, if such modifications are accepted in writing by Design-Builder,the GMP Proposal shall be deemed accepted and the parties shall proceed in accordance with Section 2.2.3 above; • 2. Owner may authorize Design-Builder to continue to proceed with the Work on the basis of reimbursement as provided in Section 2,Phase 2,of Attachment B,Compensation,without a GMP, in which care all references in this Agreement to the GMP shall not be applicable;or 3.Owner may terminate this Agreement for convenience in accordance with GC 9.2("Termination for Convenience")If Owner fails to exercise any of the above options,Design-Builder shall have the right to(ii)suspend performance of Work in accordance with GC 9.4("Design-Builder's Right to Stop Work"). 2.2.5 Conversion. The parties may agree at any time to convert the agreed OMP to a Fixed Contract Price for the completion of the Phase 2 Services. 2.3 Savings 2.3.1 Savings Sharing. If the sum 01 the actual Cost of the Work and Design-Builder's Fee (and, if applicable,any prices established under Paragraph 6.2 of the Agreement)is less than the GMP, as such GMP may have been adjusted over the course of the Project,the difference("Savings")shall be shared as follows: Forty percent(40O1o)to Design-Builder and Sixty percent (60%) to Owner. The Design Builder shared savings shall not exceed Two Hundred Thousand($200,000.00). 2.3.2 Savings Calculation.Savings shall be calculated and paid as part of Final Payment under Section 7.4 of the Agreement,with the understanding that to the extent Design Builder incurs costs after Final Completion which would have been payable to Design-Builder as a Cost of the Work,Design- Builder shall be entitled to payment from Owner for that portion of such costs that were distributed to Owner as Savings. 2.4 Basis Documents used as a basis for the GMP shall be identified in a mutually agreed revision to this Attachment. 3.0 Fixed Contract Price 3.1 If the parties initially agree that the Phase 2 Services shall be performed on the basis of a Fixed Contract Price, then the Design-Builder shall develop the proposed Contract Price on an "open book" basis and present it to Owner for review and approval with the exception of proprietary information. 3.2 Once the Fixed Contract Price is agreed,then this Agreement shall be amended to establish the Fixed Contract Price as the basis for the performance of the Phase 2 Services. 3L RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment B PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 4.0 Cost Reimbursable plus Design-Builder's Fee 4.1 If the parties agree that the Phase 2 Services shall be performed on a Cost Reimbursable basis plus a Fixed Design-Builder's Fee, then the Design-Builder shall develop an estimated Contract Price on an"open book"basis and present it to Owner for review and approval. 4.2 The cost-reimbursable elements of the Work shall be those set forth in Section 4.4 ("Cost of the Work"). 4.3 Design-Builder's Fee shall be: Six percent(6.0%)of the Cost of the Work,rk,as adjusted in accordance with Section 2.1.above. 4.3.1 Design-Builder's Fee will be adjusted as follows for any changes in the Work.. Same as 4.3 above. 4.4 Cost of the Work. The term"Cost of the Work"shall mean costs reasonably incurred by Design-Builder in the proper performance of the Work.Such costs shall be at rates not higher than the standard paid at the place of the Project,except with prior consent of the Owner.The Cost of the Work shall include only the following: 1. Wages of direct employees of Design-Builder performing the Work at the Site or, with Owner's agreement,at locations off the Site,provided,however. That the costs for those employees of Design Builder performing design services shall be calculated on the basis of prevailing market rates for design professionals performing such services or, if applicable,those rates set forth in an exhibit to this Agreement. 2. Wages or salaries of Design-Builder's supervisory and administrative personnel engaged in the performance of the Work and who are located at the Site or working off-Site to assist in the production or transportation of material and equipment necessary for the Work. 3. Wages or salaries of Design-Builder's personnel stationed at Design-Builder's principal or branch offices and performing design and Project administration functions.However,such costs shall be excluded from fee as listed in Section 4.3 above. 4. Costs incurred by Design-Builder for employee benefits, premiums, taxes, insurance, contributions and assessments required by law,collective bargaining agreements,or which are customarily paid by Design-Builder,to the extent such costs are based on wages and salaries paid to employees of Design-Builder covered under Paragraphs 2.2.1 through 2.2.3 hereof. 5. The reasonable portion of the cost of travel, accommodations and meals for Design Builder's personnel necessarily and directly incurred in connection with the performance of the Work. 6. Payments properly made by Design-Builder to Subcontractors and Design Consultants for performance of portions of the Work,including any insurance and bond premiums incurred by Subcontractors and Design Consultants. 41 RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment B PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACRLST('ORRIDOR UTILITY IMPROVEMENTS PHASE H 7. Costs incurred by Design-Builder in repairing or correcting defective, damaged or nonconforming Work, provided that such defective, damaged or nonconforming Work resulted front causes other than the fault or neglect of the Design-Builder,or those working by or through Design-Builder. If the costs associated with such defective, damaged or nonconforming Work are recoverable from insurance, Design-Builder shall use its best efforts to obtain recovery from the appropriate source and credit Owner if recovery is obtained. 8. Costs, including transportation, inspection, testing, storage and handling, of materials, equipment and supplies incorporated or reasonably used in completing the Work. 9. Costs less salvage value of materials,supplies,temporary facilities,machinery,vehicles, equipment and hand tools not customarily owned by the workers that are not fully consumed in the performance of the Work and which remain the property of Design Builder, including the costs of transporting, inspecting, testing, handling, installing, maintaining,dismantling and removing such items. 10. Costs of removal of debris and waste from the Site. 11. The reasonable costs and expenses incurred in establishing,operating and demobilizing the Site office, including the cost of facsimile transmissions, long-distance telephone calls, postage and express delivery charges, telephone service, photocopying and reasonable petty cash expenses. 12. Rental charges and the costs of transportation,installation,minor repairs and replacements, dismantling and removal of temporary facilities,machinery,equipment and hand tools not customarily owned by the workers, which are provided by Design-Builder at the Site, whether rented from Design-Builder or others, and incurred in the performance of the Work. 13. Premiums for insurance and bonds required by this Agreement or the performance of the Work.However,such costs shall be excluded from fee as listed in Section 4.3 above. 14. All fuel and utility costs incurred in the performance of the Work. 15. Sales,use or similar taxes,tariffs or duties incurred in the performance of the Work. 16. Legal costs, court costs and costs of mediation and arbitration reasonably arising from { Design-Builder's performance of the Work provided such costs do not arise from disputes between.Owner and Design-Builder. 17. Costs for permits,royalties,licenses,tests and inspections incurred by Design-Builder as a requirement of the Contract Documents. 18. The cost of defending suits or claims for infringement of patent rights arising from the use of a particular design, process, or product required by Owner, paying legal judgments against Design-Builder resulting from such suits or claims, and paying settlements made with Owner's consent. RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase 11(Design Build)—Contract Attachment B PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 19. Deposits,which are lost,except to the extent caused by Design-Builder's negligence. 20. Costs incurred in preventing damage, injury or loss in case of an emergency affecting the safety of persons and property. 21. Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner. 4.5 Non-Reimbursable Costs The following shall be excluded from the Cost of the Work: 1. Compensation for Design-Builder's personnel stationed at Design-Builder's principal or branch offices or offices other than the site office, except as provided for in Paragraphs 4.4,1,4.4.2 and 4.4.3,hereof. 2. Overhead and general expenses, except as provided for in Section 4.4.2 hereof,or which may be recoverable for changes to the Work. 3. The cost of Design-Builder's capital used in the performance of the Work. 4. Rental costs of machinery and equipment, except as specifically provided in Paragraph 4.4.12,hereof. 5. Costs due to the negligence of the Design-Builder,Subcontractors,or anyone else directly or indirectly employed by any of them, or for whose acts any of them may be liable, including, 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 making good damage to property not forming part of the Work, but only to the extent such costs cause the GMP to be exceeded. 6. Costs, if any, which would cause the GMP, as may be amended from time to time in accordance with this Agreement,to be exceeded,except to the extent such costs were due to the sole fault of Owner. 7. Costs for general cleanup of the jobsite will be included as part of the Cost of the Work in the GMP 8. Any other labor related costs not defined under Paragraph 4.4.1 that is not approved in by the Owner at the time of the GMP. 9. Expenses for travel,including Design-Builder-supplied vehicles for personal use,incurred by Design-Builder's employees while traveling for purposes other than the direct execution of work or training. 10. Any legal fees arising out of a dispute between the Owner and Design-Builder. This includes the negotiation of a Contract between the Owner and Design Builder. 4.6 Contract Price 6I RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase 11 (Design Build)—Contract Attachment B PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL:W.ACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II The Contract Price shall be the sum of the Design-Builder's Fee under Section 4.3 plus the amount agreed between Owner and Design-Builder for the Cost of the Work under Section 4.4. When agreed,the Contract Price is stated to be: Dollars($J 4.7 F:4txbiis►tmeut of Cuaruntecd Maximum Price see Auachulcnt f t Special C:undltions 20. tlti REMAINDER OF THIS PAGE LLFU 13I.ANK INTENTIONALLY I i 71 RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment B PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE H ATTACHMENT C SCHEDULE SECTION 1 PHASE 1 1.0 Phase I Schedule will be developed as part of Phase I Proposal. SECTION 1 PHASE 2 1.0 Phase 2 Schedule will be included with the GMP deliverable package. THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY I RFQ11037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment C PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II ATTACHMENT D GENERAL CONDITIONS GC 1.0 General 1.1 Mutual Obligations I.1.1 Owner and Design-Builder agree to cooperate fully with each other at all time,to permit each party to realize the benefits afforded under the Contract Documents. 1.1.2 These General Conditions("GC")may be supplemented,varied,or revised through Supplementary Conditions("SC"),as attached. 1.2 Basic Definitions 1.2.1 Agreement refers to the executed contract between Owner and Design-Builder with respect to the Project 1.2.2 Bonus Date has the meaning given in Section 5.5 of the Agreement. 1.2.3 Change in Law has the meaning given in GC 8.1.2. 1.2.4 Changed Condition has the meaning given in GC 8.1. 1.2.5 Change Order has the meaning given in GC 7.1. 1.2.6 Construction Warranty has the meaning given in GC 2.9. 1.2.7 Construction Warranty Period is that period specified in GC 2.10.1. 1.2.8 Contract Documents has the meaning given in Section 2.1 of the Agreement. 1.2.9 Contract Pare has the meaning given in Section 6.2 of the Agreement and Section 2. Phase 2,of Attachment B,Compensation. 1.2.10 Contract Time(s) shall mean the times for performance of the Work by Design-Builder and the delivery of items and approvals by Owner set forth in Article 5("Contract Time")of the Agreement and Attachment C,Schedule; 1.2.11 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract Documents. 1.2.12 Design Build Fee shall mean the percentage as set forth in Attachment B 4.3 of this contract. 1.2.13 Design Consultant,if any,is a qualified, licensed design professional who is not an employee of Design-Builder, but is retained by Design-Builder, or employed or retained by anyone under contract with Design-Builder or Subcontractor, to furnish design services required under the Contract Documents. I � 1I " RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment 13 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 1.2.14 Design Criteria means those documents which define the Owner's criteria for the scope,quality, and function of the proposed facility,and which may be expanded to outline Owner's project cost limitations and schedule requirements. 1.2.15 Differing Site Conditions has the meaning given in GC 4.2.1. 1.2.16 Early Completion Bonus has the meaning given in Section 5.5 of the Agreement. 1'.2.17 Electronic Data has the meaning given in GC 11.1.1. 1.2.18 Extended Performance Warranty is Design-Builder's warranty under GC 2.11.2 that the completed Facility shall be capable of meeting the Performance Standards in Attachment F throughout the Performance Warranty Period. 1.2.19 Project is the physical facility to be designed and constructed for Owner as defined by the scope and contract documents. 1.2.20 Project Performance Criteria means the Owner's criteria for the performance of the project as described in Attachment H Phase 1 Design Development. 1.2.21 Final Acceptance of the Project shall be deemed to have occurred upon final payment pursuant to GC 5.8. 1.2.22 General Conditions refer to this Attachment D,General Conditions. 1.2.23 Hazardous Conditions are any materials, wastes, substances and chemicals deemed hazardous under applicable Legal Requirements, or which handling, storage, remediation, or disposal applicable Legal Requirements regulate. 1.2.24 Hazardous Materials has the meaning given in Section 2,3 of Attachment A, Scope of Work. 1.2.25 Indemnified Parties, with respect to Work Product, has the meaning given in Section 9.1 of the Agreement. 1.2.26 Legal Requirements are all federal,state and local laws,codes,ordinances,rules,regulations,orders and decrees of any government or quasi-government entity having jurisdiction over the Project or Site,the practices involved in the Project or Site,or any Work which are applicable as of the date of Design-Builder's proposal to Owner,and,subject to the Change in Law provisions of GC 8 1.2, which become applicable during the Contract Time. 1.2.27 Liquidated Damages means such damages as may be assessed under Section 5.4 of the Agreement. 1.2.28 Liquidated Damages Date has the meaning given in Section 5.4 of the Agreement. 1.2.29 Manuals means the Commissioning and Startup Manual and the Operations and Maintenance Manual and such other manuals as the parties may agree to be provided. 1.2.30 Open Book Pricing-The method in which the design-build firm provides the Owner,at the Owner's request,all books,records,documents,contracts,subcontracts,purchase orders,and other data in its possession pertaining to the bidding, pricing, or performance of a contract for design-build services awarded to the design-build firm with the exception of proprietary information. 2 RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 1.2.31 Owner's Program means the overall definition of Owner's requirements for the Project,including Owner's Project Criteria,all materials,equipment and other items to be provided by Owner,and all items to be provided by third parties. 1.2.32 Owner's Project Criteria are developed by or for Owner to describe Owner's Program requirements and objectives for the Project,including use,space,price,time,site and expandability requirements, as well as submittal requirements and other requirements governing Design-Builder's performance of the Work.Owner's Project Criteria may include conceptual documents,Design Criteria,Facility Performance Criteria, performance test, wage rate requirements, MBE/WBE requirements, and other Project-specific technical materials and requirements. 1.2.33 Owner's Representative means the individual selected and authorized by Owner to act upon Owner's behalf with respect to Design-Builder and the performance of this Agreement, in accordance with GC 3.4,and identified by Owner in writing within ten(10) days of execution of this Agreement. 1.2.34 Performance Warranty has the meaning given in OC 2.11. 1.2.35 Project is the design and construction of the Owner's Facility,including start-up,testing and the provision of manuals, warranties, as-built drawings and specifications,spare parts, and all other items required to be provided under this Agreement. 1.2.36 Schedule means that Schedule for the performance of the Work in accordance with the Contract Time(s)set forth in Attachment C,Schedule,as revised from time to time. 1.2.37 Site is the land or premises on which the Project is located, including any separate laydown or storage areas. 1.2.38 Subcontractor is any person or entity retained by Design-Builder as an independent contractor to perform a portion of the Work and shall include materialmen and suppliers. 1.2.39 Sub-Subcontractor is any person or entity retained by a Subcontractor as an independent contractor to perform any portion of a Subcontractor's Work and shall include materialmen and suppliers. 1.2.40 Substantial Completion is the date on which the Work,or an agreed upon portion of the Work,is sufficiently complete so that Owner can occupy and use the Project or a portion thereof for its intended purposes. 1.2.41 Certificate of Substantial Completion is that Certificate issued by Owner to Design-Builder pursuant to GC 5.7.1. 1.2.42 Uncontrollable Circumstances are those acts, omissions, conditions, events, or circumstances beyond the control of Design-Builder and due to no fault of its own or those for whom DesignBuilder is responsible. By way of example (and not limitation), Uncontrollable Circumstances include acts or omissions of Owner or anyone under Owner's control (including separate contractors),changes in the Work,Differing Site Conditions,Hazardous Conditions,wars, floods, labor disputes, unusual delay in transportation, epidemics, earthquakes, adverse weather conditions not reasonably anticipated,and other circumstances beyond the reasonable control of the party affected. 3I RPQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 1.2.43 Work is comprised of all Design-Builder's design, construction, start-up, testing, warranty, and other services required to by the Contract Documents, including procuring and furnishing all materials,equipment, services and labor reasonably inferable from the Contract Documents,plus manuals and documentation required by the Contract Documents. GC 2.0 Design-Builder's Services and Responsibilities 2.1 General Services 2.1.1 Design-Builder's Representative shall be reasonably available to Owner and shall have the necessary expertise and experience required to supervise the Work. Design-Builder's Representative shall communicate regularly with Owner and shall be vested with the authority to act on behalf of Design-Builder. Design-Builder's Representative may be replaced only with the mutual agreement of Owner and Design-Builder. 2.12 Design-Builder shall provide Owner on a monthly basis a status report detailing the progress of the Work, including whether(i)the Work is proceeding according to schedule,(ii)discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution,(iii) health and safety issues exist in connection with the Work, (iv) other items require resolution so as not to jeopardize Design-Builder's ability to complete the Work for the Contract Price and within the Contract Time(s),and(v)such other items as Owner may reasonably require. 2,13 Design-Builder shall prepare and submit,at least three(3)days prior to the meeting contemplated by GC 2.1.4,a preliminary schedule for the execution of the Work for Owner's review and response. The schedule shall indicate the dates for the start and completion of the various stages of Work, including the dates when Owner information and approvals are required to enable Design-Builder to achieve the Contract Time(s).When agreed between the parties,such schedule shall be attached hereto as Attachment C, Schedule. The Schedule shall be revised as required by conditions and progress of the Work, but such revisions shall not relieve Design-Builder of its obligations to complete the Work within the Contract Time(s),as such,dates may be adjusted in accordance with the Contract Documents.Owner's review of and response to the Schedule shall not be construed as relieving Design-Builder of its complete and exclusive control over the means,methods,sequences and techniques for executing the Work. 2.1.4 The parties will meet, within seven(7)days after execution of the Agreement,to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to submittals,review and approval turn-around times contained in the Schedule,and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents. 2.1.5 At the completion of Phase 1 Services,the parties may agree upon a revised Schedule to reflect the intended scope of Phase 2 Services and as the basis for the Contract Price to be agreed for the Phase 2 services. 2.2 Design Professional Services 2.2.1 Design-Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design-Builder, or procured from a qualified, 4I . RFQ 11037-2821-17/TP Central Seacrest Corridor Utility Phase It(Design Build)-Contract Attachment I) PROGRESSIVE. DESIGN/BUILD AGREEMENT FOR C'ENTRAl. SEA( RES" CORRIDOR IFTILITV IMMI'ROV'EMENI'S PHASE II independent licensed Design Consultant, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit Design-Builder to complete the Work consistent with the Contract Documents.Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any independent Design Consultant.Design and permitted plans for the Central Seacrest Corridor Drainage Improvements and Watermain Replacement Contract 2 are provided and are to be utilized along with the project performance criteria, for development of a GMP. Construction engineering and inspection associated with the construction of this portion on the projects will be required. 2.3 Standard of Care for Design Professional Services 2.3.1 The standard of care for all design professional services performed to execute the Work shall be the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project.Design-Builder,its Design Consultants,and its Subcontractors may reasonably rely on the accuracy and completeness of Owner's Project Criteria. 2.4 Design Development Services 2.4.1 Design-Builder and Owner shall, consistent with any applicable provision of the Contract Documents,agree upon any interim design submissions that Owner may wish to review, which interim design submissions may include design criteria, drawings, diagrams and specifications setting forth the Project requirements.Such agreement may specify the percentage completion of the design documents to be submitted for such review and comment.On or about the time of the scheduled submissions, Design-Builder and Owner shall meet and confer about the submissions, with Design-Builder identifying during such meetings, among other things,the evolution of the design and any significant changes or deviations from the Contract Documents, or,if applicable, previously submitted design submissions.Minutes of the meetings will be maintained by Design- Builder and provided to all attendees for review.Following the design review meeting,Owner shall review and comment on the interim design submissions in a time frame that is consistent with the turnaround times set forth in the Schedule. 2.4.2 Design-Builder shall submit to Owner Construction Documents setting forth in detail drawings and specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim design submissions; as such, submissions may have been modified in a design review meeting.The parties shall have a design review meeting to discuss, and Owner shall review and may comment on the Construction Documents in accordance with the procedures set forth (.?C 2.4.1. Design-Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit one set of approved Construction Documents to Owner prior to commencement of construction. 2.4.3 Owner's review and approval of interim design submissions and the Construction Documents is for mutually establishing a conformed set of Contract Documents compatible with the requirements of the Work. Neither Owner's review nor approval of any interim design submissions and s f i RFQ#037-2521-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment D PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Construction Documents shall be deemed to transfer any design liability from Design-Builder to Owner. 2,4.4 To the extent not prohibited by the Contract Documents or Legal Requirements,Design-Builder may prepare interim design submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. 2.5 Legal Requirements 2.5.1 Design-Builder shall perform the Work in accordance with all Legal Requirements and shall provide all notices applicable to the Work as required by the Legal Requirements. 2.5.2 The Contract Price and/or Contract Time(s)shall be adjusted to compensate Design-Builder for the effects of any changes in the Legal Requirements enacted after the date of the Agreement affecting the performance of the Work. Such effects may include, without limitation, revisions Design- Builder is required to make to the Construction Documents because of changes in Legal Requirements. ( 2.6 Government Approvals and Permits 2.6.1 Except as identified in Attachment F,Owner's Permit List,Design-Builder shall obtain and pay for all necessary permits,approvals,licenses,government charges and inspection fees required for the prosecution of the Work by any government or quasi-government entity having jurisdiction over the Project. 2.6.2 Design-Builder shall provide reasonable assistance to Owner in obtaining those permits,approvals and licenses that are Owner's responsibility. 2.7 Design-Builder's Phase 2 Construction Services 2.7.1 Unless otherwise provided in the Contract Documents to be the responsibility of Owner or a separate contractor, Design-Builder shall provide through itself or Subcontractors the necessary supervision,labor,inspection,testing,start-up,material,equipment,machinery,temporary utilities and other temporary facilities to permit Design-Builder to complete construction of the Project consistent with the Contract Documents. 2.7.2 Design-Builder shall perform all construction activities efficiently and with the requisite skill and exercise complete and exclusive control over the means, methods, sequences and techniques of construction. 2.7.3 Design-Builder shall employ only Subcontractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Owner may reasonably object to Design- Builder's selection of any Subcontractor,provided that the Contract Price and/or Contract Time(s) shall be adjusted to the extent that Owner's decision impacts Design-Builder's cost and/or time of performance. 2.7.4 Design-Builder assumes responsibility to Owner for the proper performance of the Work of Subcontractors and any acts,errors or omissions in connection with such performance.Nothing in 61 RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment D PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Subcontractor or Sub-Subcontractor,including but not limited to any third- party beneficiary rights. 2.7.5 Design-Builder shall coordinate the activities of all Subcontractors. 2.7.6 If Owner performs other work on the Project or at the Site with separate contractors under Owner's control, Design-Builder agrees to reasonably cooperate and coordinate its activities with those of such separate contractors so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption. Unreasonable disruption or interference by Owner's separate contractors may result in a request for a Contract Adjustment under GC 8.1.3. 2.7.7 Design-Builder shall keep the Site reasonably free from debris,trash and construction wastes to permit Design-Builder to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas. 2.7.8 Upon Substantial Completion of the Work,or a portion of the Work,Design-Builder shall remove all debris,trash,construction wastes, materials,equipment,machinery and tools arising from the Work or applicable portions thereof to permit Owner to occupy the Project or a portion of the Project for its intended use. Such partial occupancy or use may commence whether or not the portion is substantially complete,provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat,utilities,damage to the Work and insurance,and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. 2.8 Design-Builder's Responsibility for Project Safety 2.8.1 Design-Builder recognizes the importance of performing the Work in a safe manner so as to prevent damage,injury or loss to(i)all individuals at the Site, whether working or visiting,(ii)the Work, including materials and equipment incorporated into the Work or stored on-Site or off-Site, and (iii)all other property at the Site or adjacent thereto. Design-Builder assumes responsibility for implementing and monitoring all safety precautions and programs related to the performance of the Work.Design-Builder shall,prior to commencing construction,designate a Safety Representative with the necessary qualifications and experience to supervise the implementation and monitoring of all safety precautions and programs related to the Work, and shall develop a Project Safety Program, which shall be implemented at the Project She during the performance of the Work. Unless otherwise required by the Contract Documents, Design-Builder's Safety Representative shall be an individual stationed at the Site who may have responsibilities on the Project other than safety,The Safety Representative shall make routine daily inspections of the Site and shall hold weekly safety meetings with Design-Builder's personnel,Subcontractors and others as applicable. 2.8.2 Design-Builder and Subcontractors shall comply with all Legal Requirements relating to safety,as well as any Owner-specific safety requirements set forth in the Contract Documents and incorporated into the Project Safety Program,provided that such Owner-specific requirements do not violate any applicable Legal Requirement. Design-Builder will immediately report in writing any safety-related injury,loss,damage or accident arising from the Work to Owner's Representative 7 RFQ 4t 037-2821-17/TP Central 5eacrest Corridor Utility Phase II(Design Build)--Contract Attachment D PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II and, to the extent mandated by Legal Requirements, to all government or quasigovemment authorities having jurisdiction over safety-related matters involving the Project or the Work. 2.8.3 Design-Builder's responsibility for safety under this GC 2.8 is not intended in any way to relieve Subcontractors and Sub-Subcontractors of their own contractual and legal obligations and responsibility for(1)complying with all Legal Requirements,including those related to health and safety matters, and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injury,losses,damages or accidents resulting from their performance of the Work. 2.8.4 Owner shall require that its officers,employees,guests,visitors,and other contractors entering the Project Site comply with the Project Safety Program then in effect. 2.9 Construction Warranty 2.9.1 Design-Builder warrants to Owner that the construction, including all materials and equipment furnished as part of the construction, shall be new unless otherwise specified in the Contract Documents,of good quality, in conformance with the Contract Documents and free of defects in materials and workmanship. Design-Builder's warranty obligation excludes defects caused by abuse,alterations,or failure to maintain the Work by persons other than Design-Builder or anyone for whose acts Design-Builder may be liable. 2.9.2 Nothing in this warranty is intended to limit any manufacturer's warranty which provides Owner with greater warranty rights than set forth in this GC 2.9 or the Contract Documents. Design- Builder will provide Owner with all manufacturers'warranties upon Substantial Completion. 2.10 Correction of Defective Work 2.10.1 Construction Warranty Period.Design-Builder agrees to correct any Work that is found not to be in conformance with the Contract Documents, including that part of the Work subject to GC2.9, within a period of one(1)year from the date of Substantial Completion of the Work or any portion of the Work,or within such longer period to the extent required by the Contract Documents. 2.102 Correction of Non-Conforming Work.Design-Builder shall, within seven(7) days of receipt of written notice from Owner that the Work Is not in conformance with the Contract Documents,take meaningful steps to commence correction of such nonconforming Work,including the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven(7)day period,Owner may, in addition to any other remedies provided under the Contract Documents provide Design-Builder with written notice that Owner will commence correction of such nonconforming Work with its own forces.if Owner does perform such corrective Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing such correction.If the nonconforming Work creates an emergency requiring an immediate response,the seven(7)day periods identified herein shall be deemed inapplicable. 2.103 The one(1)year period referenced in GC 2.1 0.1 applies only to Design-Builder's obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other 81 RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)-Contract Attachment D PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE U rights or remedies Owner may have regarding Design-Builder's other obligations under the Contract Documents. 2.11 2.11.1 - - e - .• . • • . - •. .. • a. a. • 2.11.2 . .. __ • . : - : . :.--.. • . .• 2.113 . - _. .. : . ... __ .. .. • - ' -._ .... -" • . . , ■ GC 3.0 Owner's Services and Responsibilities 3.1 Duty to Cooperate 3.1.1 Owner shall,throughout the performance of the Work,cooperate with Design-Builder and perform its responsibilities,obligations and services in a timely manner to facilitate DesignBuilder's timely and efficient performance of the Work and so as not to delay or interfere with Design-Builder's performance of its obligations under the Contract Documents. g1 : . .: , RFQ p 037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment D PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 3.1.2 Owner shall provide reviews and approvals of interim design submissions and Construction Documents consistent with the tumor-around times set forth in the Schedule.Owner's review does not constitute acceptance of design errors or omissions, nor transfer design liability to Owner for the same. 3.2 Furnishing of Services and Information 3.2.1 Unless expressly stated to the contrary in the Contract Documents,Owner shall provide,at its own cost and expense, for Design-Builder's information and use the following, all of which Design-Builder is entitled to rely upon in performing the Work: 1. Surveys describing the property boundaries,topography and reference points for use during construction,including existing service and utility lines. 2. Geotechnical studies describing subsurface conditions, and other smveys describing other latent or concealed physical conditions at the Site. 3. Temporary and permanent easements, zoning and other requirements and encumbrances affecting land use, or necessary to permit the proper design and construction of the Project,access to the Site and any off-site storage or lay-down areas,and to enable Design-Builder to perform the Work. 4. A legal description of the Site. 5. To the extent available,as-built and record drawings of any existing structures and utilities at the Site;and 6. To the extent available, environmental studies, reports and impact statements describing the environmental conditions, including Hazardous Conditions, in existence at the Site. 3.2.2 Owner is responsible for securing and executing all necessary agreement with adjacent land or property owners that are necessary to enable Design-Builder to perform the Work.Owner is further responsible for all costs,including attorneys'fees,incurred in securing these necessary agreements. 3.3 Financial Information 3.3.1 Design-Builder shall cooperate with the reasonable requirements of Owner's lenders or other financial sources. 3.3.2 Notwithstanding the preceding sentence, after execution of the Agreement Design-Builder shall have no obligation to execute for Owner or Owner's lenders or other financial sources any documents or agreements that require Design-Builder to assume obligations or responsibilities greater than those existing obligations Design-Builder has under the Contract Documents. 3.3.3 Design-Builder shall not be required as a condition of award or contract to waive or subordinate its mechanic's lien rights,if any,to Owner's construction lender(s). 10 ' ( RFQ it 037-2821-17/TP Central Sea crest Corridor Utility Phase II(Design Build)—Contract Attachment D PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 3.4 Owner's Representative 3.4.1 Owner's Representative shall be responsible for providing Owner-supplied information and approvals in a timely manner to permit Design-Builder to fulfill its obligations under the Contract Documents. Owner's Representative shall also provide Design-Builder with prompt notice if it observes any failure on the part of Design-Builder to fulfill its contractual obligations, including any errors,omissions or defects in the performance of the Work. 3.4.2 If Owner retains a third party as Owner's Engineer or Owner's Program Manager,separately from Owner's Representative,then Owner shall designate such third party in writing to Design-Builder, together with a statement of the respective roles, responsibility, and authority of each such party with respect to the administration of the contract,the approval of drawings and specifications,the issuance of instructions and change orders,the resolution of disputes,and the relative priority of the authority of such parties. 3.5 Government Approvals and Permits 3.5.1 Owner shall obtain and pay for all necessary permits,approvals,licenses,government charges and inspection fees set forth in the Owner's Permit List attached as part of Attachment F, 3.5.2 Owner shall provide reasonable assistance to Design-Builder in obtaining those permits,approvals and licenses that are Design-Builder's responsibility. 3.6 Owner's Separate Contractors 3.6.1 Owner is responsible for all work performed on the Project or at the Site by separate contractors under separate agreements with Owner.Owner shall contractually require its separate contractors to cooperate with,and coordinate their activities so as not to interfere with,Design-Builder in order to enable Design-Builder to timely complete the Work consistent with the Contract Documents. 3.62 Owner recognizes the importance that all work performed on the Project or at the Site by separate contractors under separate agreements with Owner is performed in a safe manner so as to prevent damage,injury or loss to(i)all individuals at the Site, whether working or visiting,(ii)the Work, including materials and equipment incorporated into the Work or stored on-Site or off-Site, and (iii)all other property at the Site or adjacent thereto.Owner shall require such separate contractors to assume responsibility for implementing and monitoring all safety precautions and programs related to the performance of their work. GC 4.0 Hazardous Conditions and Differing Site Conditions 4.1 Hazardous Conditions 4.1.1 Unless otherwise expressly provided in the contract Documents to be part of the Work, DesignBuilder is not responsible for any Hazardous Conditions encountered at the Site. Upon encountering any Hazardous Conditions, Design-Builder will stop Work immediately in the affected area and duly notify Owner and, if required by Legal Requirements, all government or quasi-government entities with jurisdiction over the Project or Site. 11 RFQ#037-2821-17/TP Central Sea crest Corridor Utility Phase ii(Design Build)—Contract Attachment D l PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include Owner retaining qualified independent experts to (i)ascertain whether Hazardous Conditions have actually been encountered,and,if they have been encountered, (ii) prescribe the remedial measures that Owner must take to either remove the Hazardous Conditions or render the Hazardous Conditions harmless. 4.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Project only after Owner's expert provides it with written certification that(i)the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Project or Site. 4.1.4 Design-Builder will be entitled, in accordance with these General Conditions, to an equitable adjustment in its Contract Price and/or Contract Time(s)to the extent Design-Builder's cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 4.1.5 To the fullest extent permitted by law, Owner shall defend,indemnity and hold harmless Design Builder,Design Consultants,Subcontractors and Subcontractors,and the agents,officers,directors and employees of each of them, from and against any and all claims,damages, losses, costs and expenses, whether direct, indirect or consequential, including but not limited to attorney's fees, costs and expenses incurred in connection with litigation or arbitration,arising out of or relating to the performance of the Work in any area affected by Hazardous Material. To the fullest extent permitted by law, such indemnification shall apply regardless of the fault,negligence, breach of warranty or contract,or strict liability of the indemnitee. 4.1.6 Notwithstanding the preceding provisions of this GC 4.1,Owner is not responsible for Hazardous Conditions introduced to the Site by Design-Builder,Design Consultants,Subcontractors or anyone for whose acts they may be liable. Design-Builder shall indemnify, defend and hold harmless Owner and Owner's officers,directors,employees and agents from and against all claims,losses, damages,liabilities and expenses,including attorneys'fees and expenses,arising out of or resulting from those Hazardous Conditions introduced to the Site by the parties identified in the first sentence of this GC 4.1.6. 4.1.7 The terms of this GC 4.1 shall survive the completion of the Work under this Agreement and/or any termination of this Agreement. 4.2 Differing Site Conditions 4.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that(i)materially differ from the conditions indicated in the Contract Documents or(ii)are of an unusual nature,or(iii) differing materially from the conditions ordinarily encountered and generally recognized as inherent in the Work,are collectively referred to herein as"Differing Site Conditions."If Design- Builder encounters a Differing Site Condition, Design-Builder will be entitled to an equitable adjustment in the Contract Price and/or Contract Time(s)to the extent Design-Builder's cost and/or time of performance are adversely impacted by the Differing Site Condition. 12 1 RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment D PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 4.2.2 Upon encountering a Differing Site condition,Design-Builder shall provide prompt written notice to Owner of such condition,which notice shall not be later than seven(7)days after such condition has been encountered.Design-Builder shall,to the extent reasonably possible,provide such notice before the Differing Site Condition has been substantially disturbed or altered. 5.0 Payment 5.1 Payment for Phase 1 Services 5.1.1 Design-Builder will submit an Application for Payment to Owner each month covering Phase I services performed to date.Each Application for Payment will be prepared in the standard form agreed to by the parties and supported by required documentation. 5.2 Schedule of Values for Phase 2 Services 5.2.1 Within ten(10)days of the Commencement Date,Design-Builder shall submit for Owner's review and approval a schedule of values for Phase 2 of the Work. The Schedule of Values will (i) subdivide the Work into its respective parts;(II) Include values for all items comprising the Work and(iii)serve as the basis for monthly progress payments made to Design-Builder throughout the Work. 5.3 Monthly Progress Payments 5.3.1 On or before the date established in the Agreement,Design-Builder shall submit for Owner's review and approval its Application for Payment requesting payment for all Work performed as of the date of the Application for Payment. The Application for Payment shall be accompanied by all supporting documentation required by the Contract Documents and/or established at the meeting required by GC 2.1.4. 5.3.2 The Application for Payment may request payment for equipment and materials not yet incorporated Into the Project,provided that(i)Owner is satisfied that the equipment and materials are suitably stored at either the Site or another acceptable location,(ii)the equipment and materials are protected by suitable insurance and(iii)upon payment,Owner will receive the equipment and materials free and clear of all liens and encumbrances. 5.33 The Application for Payment shall constitute Design-Builder's representation that the Work has been performed consistent with the Contract Documents,has progressed to the point indicated in the Application for Payment, and that title to all Work will pass to Owner free and clear of all claims, liens, encumbrances, and security interests upon the incorporation of the Work into the Project,or upon Design-Builder's receipt of payment,whichever occurs earlier. 5.4 Withholding of Payments;Payment of Undisputed Amounts 5.4.1 On or before the date established in the Agreement,Owner shall pay Design-Builder all amounts properly due,including the release of retention under Section 7.3.1 of the Agreement. If Owner determines that Design-Builder is not entitled to all or part of an Application for Payment,it will notify Design-Builder in writing at least five(5)days prior to the date payment is due.The notice shall indicate the specific amounts Owner intends to withhold,the reasons and contractual basis for the withholding,and the specific measures Design-Builder must take to rectify Owner's concerns. 13IPa e RFQ ti 037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment 0 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Design-Builder and Owner will attempt to resolve Owner's concerns prior to the date payment is due. If the parties cannot resolve such concerns, Design-Builder may pursue its rights under the Contract Documents,including those under GC 8.0. 5.4.2 Notwithstanding anything to the contrary in the Contract Documents,Owner shall pay Design- Builder all undisputed amounts in an Application for Payment within the times required by the Agreement. 5.5 Right to Stop Work and Interest 5.5.1 If Owner fails to pay Design-Builder any amount that becomes due,Design-Builder,in addition to all other remedies provided in the Contract Documents,may stop Work pursuant to GC 9.4.All payments due and unpaid shall bear interest at the rate set forth in Section 7.5 of the Agreement. 5.6 Design-Builder's Payment Obligations 5.6.1 Design-Builder will pay any Subcontractors and Design Consultants,in accordance with applicable law and its contractual obligations to such parties, all the amounts Design-Builder has received from Owner on account of their work. Design-Builder will impose similar requirements on Subcontractors and Design Consultants to pay those parties with whom they have contracted. 5.6.2 Providing that Owner is not in breach of its contractual obligation to make payments to Design- Builder for the Work,Design-Builder shall indemnify,defend and hold harmless Owner from any claims or mechanic's liens brought against Owner or against the Project as a result of the failure of Design-Builder,or those for whose acts it is responsible,to pay for any services,materials,labor, equipment,taxes or other items or obligations furnished or incurred for or in connection with the Work.Within ten(10)days of receiving written notice from Owner that such aclaim or mechanic's lien has been filed,Design-Builder shall commence to take the steps necessary to discharge said claim or lien,including, if necessary,the furnishing of a mechanic's lien bond.If Design-Builder fails to do so,Owner will have the right to discharge the claim or lien and charge Design-Builder with any costs and expenses incurred,including attorneys'fees. 5.7 Substantial Completion 5.7.1 Design-Builder shall notify Owner when It believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work, is substantially complete. Within five (5) days of Owner's receipt of Design-Builder's notice, Owner and Design-Builder will jointly inspect such Work to verify that it is substantially complete in accordance with the requirements of the Contract Documents.If such Work is substantially complete,Owner shall prepare and issue a Certificate of Substantial Completion that will set forth (i)the date of Substantial Completion of the Work or portion thereof,(ii)the remaining items of Work that have to be completed before final payment, (iii)provisions(to the extent not already provided in the Contract Documents)establishing Owner's and Design-Builder's responsibility for the Project's security,maintenance,utilities and insurance pending final payment,and(iv)an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. 14 I E' RFQ 8 037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 5.7.2 Upon Substantial Completion of the entire Work or,if applicable,any portion of the Work,Owner shall release to Design-Builder all retained amounts relating,as applicable,to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion. 5.7.3 Owner,at its option,may use a portion to the Work which has been determined to be substantially complete,provided that(i)a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in GC 5.7.1,(ii)Design-Builder and Owner have obtained the consent of their sureties and insurers,and(iii)Owner and Design-Builder,agree that Owner's use or occupancy will not interfere with Design-Builder's completion of the remaining Work. 5.7 4 Upon Substantial Completion, Design-Builder shall conduct performance testing of the Facility using Owner's operations and maintenance staff to demonstrate that the Performance Criteria set forth in Attachment H,Phase 1 Design Development,have been satisfied and that the Performance Guarantees have been met. 5.8 Final Payment 5.8.1 After receipt of a Final Application for Payment from Design-Builder, Owner shall make final payment by the time required in the Agreement,provided that Design-Builder has completed all of the Work in conformance with the Contract Documents. 5.8.2 At the time of submission of its Final Application for Payment, Design-Builder shall provide the following information: 1. An affidavit that there are no claims, obligations or liens outstanding or unsatisfied for labor,services,material,equipment,taxes or other items performed, furnished or incurred for or in connection with the Work which will in any way affect Owner's interests; 2. A general release executed by Design-Builder waiving,upon receipt of final payment by Design-Builder,all claims,except those claims previously made in writing to Owner and remaining unsettled at the time of final payment; 3. Consent of Design-Builder's surety,if any,to final payment; 4. A certificate demonstrating that performance testing is complete and that the Performance Guarantees set forth in Attachment F,Owner's Project Criteria,have been met; 5. All operating manuals, warranties and other deliverables required by the Contract Documents;and 6. Certificates of insurance confirming that required coverages will remain in effect consistent with the requirements of the Contract Documents. 5.8.3 Upon making final payment, Owner waives all claims against Design-Builder except claims relating to (i) Design-Builder's failure to satisfy its payment obligations, if such failure affects Owner's interests,(ii)Design-Builder's failure to complete the Work consistent with the Contract Documents,including defects appearing after Substantial Completion,(iii)the terms of any special 15 RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)--Contract { Attachment D PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II warranties required by the Contract Documents, and (iv)claims which are identified as unsettled at the time of making final payment. 5.8.4 Final payment by Owner shall constitute Final Acceptance of the Project for all purposes hereunder, subject to Design-Builder's remaining warranty obligations and any remaining indemnity obligations hereunder. 5.8.5 Acceptance of final payment by the Design-Builder, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment 21 1P age RFQ #037- 2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)-Contract Attachment D GC 6.0 Time 6.1 Obligation to Achieve the Contract Times 6.1.1 Design-Builder agrees that it will commence performance of the Work and achieve the Contract Time(s)in accordance with Article 5.0 of the Agreement. 6.2 Delays to the Work 6.2.1 If Design-Builder is delayed in the performance of the Work due to Uncontrollable Circumstances, the Contract Time(s) for performance shall be reasonably extended by Change Order, and the Schedule adjusted accordingly. 6.2.2 In addition to Design-Builder's right to a time extension for delays in the Work under OC 6.2.1, Design-Builder shall also be entitled to an equitable adjustment of the Contract Price and equitable commutation of any Liquidated Damages under Section 5.4 of the Agreement. 6.3 Work Hours 6.3.1 Work shall be conducted during normal working hours (7:00 AM to 5:00 PM) on weekdays. Unless otherwise authorized in writing by the Project Manager,no work shall be performed on weekends,on City observed holidays or between 5:00 PM and 7:00 AM on weekdays. 6.3.2 Construction Observation and/or inspection services needed beyond normal working hours as defined above, shall be paid for by the Design-Builder at an hourly rate of$100.00 for each inspector providing such service. 7.0 Changes to the Contract Price and Time 7.1 Change Orders 7.1.1 A Change Order is a written instrument issued after execution of the Agreement signed by Owner and Design-Builder,stating their agreement upon all of the following: 1.The scope of the change in the Work; 2.The amount of the adjustment to the Contract Price;and 16 I RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment D PROGRESSIVE DESIGN/BUILD AGR EMEN'I FOR CENTRAL SEACItEST CORRIDOR UTILITY IMPROVEMENTS PHASE 11 3.The extent of the adjustment to the Contract Time(s)and Schedule. 7.1.2 AU changes in the Work authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents. Owner and Design-Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. 7.1.3 If Owner requests a proposal for a change in the Work from Design-Builder and subsequently elects not to proceed with the change,a Change Order shall be issued to reimburse Design-Builder for reasonable costs incurred for estimating services,design services and services involved in the preparation of proposed revisions to the Contract Documents. 7.2 Work Change Directives 7.2.1 A Work Change Directive is a written order prepared and signed by Owner,directing a change in the Work prior to agreement on an adjustment in the Contract Price and/or the Contract Time(s). 7.2.2 Owner and Design-Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for the Work Change Directive.Upon reaching an agreement,the parties shall prepare and execute an appropriate Change Order reflecting the terms of the agreement. 7.2.3 if Owner has requested a proposal for a change in the Work from Design-Builder, Owner shall notify Design-Builder as expeditiously as possible whether such proposal is accepted. Design- Builder shall not commence changed work until a written Work Change Directive or Change Order has been delivered by Owner.The parties recognize that delay in response to such proposals may increase the impact or cost of the Change. 7.3 Minor Changes in the Work 73.1 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work, including the design, quality, performance and workmanship required by the Contract Documents. Design-Builder may make minor changes in the Work consistent with the intent of the Contract Documents,provided, however, that Design-Builder shall promptly inform Owner, in writing, of any such changes and record such changes on the documents maintained by Design-Builder. 7,4 Contract Price Adjustments 7.4.1 The increase or decrease in Contract Price resulting from a change in the Work shall be determined by one or more of the following methods: 1. Unit prices set forth in the Agreement or as subsequently agreed between the parties(which may include daily or monthly overhead rates for the extension of services); 2. A mutually accepted lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by Owner; 3. Costs,fees and any other markups set forth in the Agreement•,and 17 � RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)--Contract Attachment D 1 PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL.SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 4. If an increase or decrease cannot be agreed to as set forth in items I through 3 above and 7.4.2 Owner issues a Work Change Directive,the cost of the change of the Work shall be determined by the reasonable expense and savings in the performance of the Work resulting from the change, including a reasonable overhead and profit,as may be set forth in the Agreement.If the net result of both additions and deletions to the Work is an increase or a decrease in the Contract Price, overhead and profit shall be calculated on the basis of the net increase or decrease to the Contract Price.Design-Builder shall maintain a documented, itemized accounting evidencing the expenses and savings associated with such changes. 7.4.3 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the parties, but application of such unit prices will cause substantial inequity to Owner or Design-Builder because of differences in the character or quantity of such unit items as originally contemplated, such unit prices shall be equitably adjusted. 7.4.4 If Owner and Design Builder disagree upon whether Design-Builder is entitled to be paid for any services required by Owner, or if there are any other disagreements over the scope of Work or proposed changes to the Work,Owner and Design-Builder shall resolve the disagreement pursuant to GC 8.0.As part of the negotiation process,Design-Builder shall furnish Owner with a good faith estimate of the costs to perform the disputed services in accordance with Owner's interpretations. If the parties are unable to agree and Owner expects Design-Builder to perform the services in accordance with Owner's interpretations, Design-Builder shall proceed to perform the disputed services,conditioned upon Owner issuing a written order to Design-Builder(i)directing Design- Builder to proceed and (ii) specifying Owner's interpretation of the services that are to be performed.If this occurs Design-Builder shall be entitled to submit in its Applications for Payment an amount equal to fifty percent (50%) of its reasonable estimated direct cost to perform the services,and Owner agrees to pay such amounts, with the express understanding that (1) such payment by Owner does not prejudice Owner's right to argue that it has no responsibility to pay for such services and (ii) receipt of such payment by Design-Builder does not prejudice Design- Builder's right to seek full payment of the disputed services if Owner's order is deemed to be a change to the Work. 73 Emergencies 7.5.1 In any emergency affecting the safety of persons and/or property,Design-Builder shall act,at its discretion,to prevent threatened damage, injury or loss.Any change in the Contract Price and/or Contract Time(s)on account of emergency work shall be determined as provided in this GC 7.0. GC 8.0 Coitract Adjustnxeats and Disputes 8.1 Requests for Contract Adjustments and Relief 8.1.1 If either Design-Builder or Owner believes that it is entitled to relief against the other for any Changed Condition arising out of or related to the Work or Project,such party shall provide written notice to the other party of the basis for its claim for relief. 18 ) x' : . RFQ#037-2821-17/TP Central Sea crest Corridor Utility Phase II(Design Build)—Contract Attachment D PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE H 8.1.2 A Changed Condition may include a Change in Law following the date of Design-Builder's proposal to Owner, which has a material impact on the cost of the Work, the Schedule, the Performance Criteria,or other aspects of Design-Builder's performance hereunder. 8.1.3 Changed Conditions may include Uncontrollable Circumstances having an impact on Design- Builder's cost of the Work,the Schedule, the Performance Criteria, or other aspects of Design- Builder's performance hereunder. 8.1.4 Such notice shall, if possible,be made prior to incurring any cost or expense and in accordance with any specific notice requirements contained in applicable sections of these General Conditions. In the absence of any specific notice requirement,written notice shall be given within a reasonable time,not to exceed twenty-one(21)days,after the occurrence-giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition-giving rise to the request,whichever is later. 8.1.5 Such notice shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief and,if then available,the specific contractual adjustment or relief requested and the basis of such request. 8.2 Dispute Avoidance and Resolution 8.2.1 The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, Design-Builder and Owner each agree to resolve such disputes or disagreements in an amicable,professional and expeditious manner so as to avoid unnecessary losses,delays and disruptions to the Work. 8.2.2 Design-Builder and Owner will first attempt to resolve disputes or disagreements at the Project level through discussions between Design-Builder's Representative and Owner's Representative. 8.2.3 If a dispute or disagreement cannot be resolved through Design-Builder's Representative and Owner's Representative, upon the request of either party,then the matter shall be referred to the Senior Representatives of each party for resolution. Design-Builder's Senior Representative and Owner's Senior Representative shall meet as soon as conveniently possible,but in no case later than thirty(30)days after such a request is made,to attempt to resolve such dispute or disagreement. Prior to any meetings between the Senior Representatives, the parties will exchange relevant information that will assist the parties in resolving their dispute or disagreement. 8.2.4 11 after meeting,the Senior Representatives determine that the dispute or disagreement cannot be resolved on terms satisfactory to both parties, then the parties shall submit the dispute or disagreement to non-binding mediation.The mediation shall be conducted by a mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration Association ("AAA") pursuant to its Construction Industry Mediation Rules. The mediation will be governed by and conducted pursuant to a mediation agreement negotiated by the parties or, if the parties cannot so agree,by procedures established by the mediator.Any claims, disputes or controversies between the parties arising out of or relating to the Agreement, or the 19 re RFQ ti 037-2821-17/TP Central Seacrest Corridor Utility Phase Il(Design Build)—Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE H breach thereof, which have not been resolved in accordance with the procedures set forth in GC 8.2,shall be decided by court of competent jurisdiction. 8.2.5 In any final, binding dispute proceeding upon which the parties may agree, each party shall be responsible for its own legal costs,including attorneys'fees. 8.2 Duty to Continue Performance 8.3.] Unless provided to the contrary in the Contract Documents, Design-Builder shall continue to perform the Work and Owner shall continue to satisfy its payment obligations to Design-Builder, pending the final resolution of any dispute or disagreement between Design-Builder and Owner GC 9.0 Suspension and Termination 9.1 Owner's Right to Stop Work 9.1.1 Owner may, without cause and for its convenience, order Design-Builder in writing to stop and suspend the Work.Such suspension shall not exceed sixty(60)consecutive days or aggregate more than ninety(90)days during the duration of the Project. 9.1.2 Design-Builder is entitled to an equitable adjustment of the Contract Price and/or Contract Time(s) if its cost or time to perform the Work has been adversely impacted by any suspension of stoppage of work by Owner. 9.2 Termination for Convenience 9.2.1 Upon ten(10)days'written notice to Design-Builder,Owner may,for its convenience and without cause,elect to terminate this Agreement. In such event,Owner shall pay Design-Builder for the following: • 1. All Work executed and for proven loss,cost or expense in connection with such Work; 2. The reasonable costs and expanses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants;and 3. The fair and reasonable sums for overhead and profit on the sum of items I and 2 above. 9.2.2 If Owner terminates this Agreement pursuant to GC 92.1 and proceeds to design and construct the Project through its employees,agents or third parties,Owner's rights to use the Work product shall be as set forth in Section 4.3 ("Owner's Limited License upon Owner's Termination for Convenience or Design-Builder's Election to Terminate`). 9.3 Owner's Right to Perform and Terminate for Cause 9.3.1 If Design-Builder persistently falls to(i)provide a sufficient number of skilled workers,(ii)supply the materials required by the Contract Documents, (iii) comply with applicable Legal Requirements, (iv) timely pay, without cause, Subcontractors, (v) prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted, or(vi)perform material obligations under the Contract Documents, then 20 RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment D PRO(IR14;SSIVE DESIGN/I3UILI) AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVFMFR"1'S I'll ASE II Owner,in addition to any other rights and remedies provided in the Contract Documents or by Law, shall have the rights set forth in GC 9.3.2,9.3.3,and 9.3.4. 9.3.2 Upon the occurrence of an event set forth in GC 9.3 I,Owner may provide written notice to Design- Builder that it intends to terminate the Agreement unless the problem cited is cured,or commenced to be cured,within seven(7) days of Design-Builder's receipt of such notice. If Design-Builder fails to cure,or reasonably commence to cure,such problem,then Owner may give a second written notice to Design-Builder of its intent to terminate within an additional seven (7) day period. If Design-Builder,within such second seven(7)day period,fails to cure,or reasonably commence to cure,such problem,then Owner may declare the Agreement terminated for default by providing written notice to Design-Builder of such declaration. 9.3.3 Upon declaring the Agreement terminated pursuant to GC 9.3.2, Owner may enter upon the premises and take possession,for the purpose of completing the Work,of all materials,equipment, scaffolds,tools,appliances and other items thereon,which have been purchased or provided for the performance of the Work,all of which Design-Builder hereby transfers,assigns and sets over to Owner for such purpose,and to employ any person or persons to complete the Work and provide all of the required labor,services,materials,equipment and other items. 9.3.4 In the event of such termination, Design-Builder shall not be entitled to receive any further payments under the Contract Documents until the Work shall be finally completed hi accordance with the Contract Documents.At such time,if the unpaid balance of the Contract Price exceeds the cost and expense incurred by Owner in completing the Work,such excess shall be paid by Owner to Design-Builder. Notwithstanding the preceding sentence, if the Agreement establishes a Guaranteed Maximum Price,Design-Builder will only be entitled to be paid for Work performed prior to its default.If Owner's cost and expense of completing the Work exceeds the unpaid balance of the Contract Price,then Design-Builder shall be obligated to pay the difference to Owner.Such costs and expense shall include not only the cost of completing the Work,but also losses,damages, costs and expense,including attorneys'fees and expenses,incurred by Owner in connection with the re-procurement and defense of claims arising from Design-Builder's default, subject to the waiver of consequential damages set forth in Section 10.2 of the Agreement 9.3.5 If Owner improperly terminates the Agreement for cause, the termination for cause will be converted to a termination for convenience in accordance with the provisions of GC 9.2. 9.4 Design-Builder's Right to Stop Work 9.4.1 Design-Builder may,in addition to any other rights afforded under the Contract Documents or at law,stop work for the following reason: Owner's failure to pay amounts properly due under Design-Builder's Application for Payment. 9.4.2 Should an event set forth in GC 9.4.1 occur, Design-Builder may provide Owner with written notice that Design-Builder will stop work unless such event is cured within seven (7) days from Owner's receipt of Design-Builder's notice.If Owner does not cure the problem within such seven (7)day period,Design-Builder may stop work.In such case,Design-Builder may make a claim for 211 F' RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)--Contract Attachment D PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II adjustment to the Contract Price and Contract Time(s)to the extent it has been adversely impacted by such stoppage. 9.5 Design-Builder's Right to Terminate for Cause 9.5.1 Design-Builder,in addition to any other rights and remedies provided in the Contract Documents or by law,may terminate the Agreement for cause for the following reasons: 1. The Work has been stopped for sixty(60)consecutive days,or more than ninety(90)days during the duration of the Project, because of a court order, any government authority having jurisdiction over the Work,or orders by Owner under GC 9.1.1,provided that such stoppages are not due to the acts or omissions of Design-Builder or anyone for whose acts Design-Builder may be responsible;or 2. Owner's failure to provide Design-Builder with any information,permits or approvals that are Owner's responsibility under the Contract Documents which result in the Work being stopped for sixty(60)consecutive days,or more than ninety(90)days during the duration of the Project,even though Owner has not ordered Design-Builder in writing to stop and suspend the Work pursuant to GC 9.1.1;or 3. Owner's failure to cure the problems set forth in GC 9A.1 after Design-Builder has stopped the Work. 9.5.2 Upon the occurrence of an event set forth in GC 9.5.1,Design-Builder may provide written notice to Owner that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured,within seven(7)days of Owner's receipt of such notice.If Owner fails to cure, or reasonably commence to cure, such problem. Then Design-Builder may give a second written notice to Owner of its intent to terminate within an additional seven (7) day period. If Owner,within such second seven(7)day period,fails to cure, or reasonably commence to cure, such problem,then Design-Builder may declare the Agreement terminated for default by providing written notice to Owner of such declaration. In such case, Design-Builder shall be entitled to recover in the same manner as if Owner had terminated the'Agreement for its convenience under GC 9.2. 9.6 Bankruptcy of Owner or Design-Builder 9.6.] If either Owner or Design-Builder institutes or has instituted against it a case under the United States Bankruptcy Code(such party being referred to as the "Bankrupt Party"), such event may impair or frustrate the Bankrupt Party's ability to perform its obligations under the Contract Documents.Accordingly,should such event occur: 1. The Bankrupt Party,its trustee or other successor,shall furnish,upon request of the non- Bankrupt Party, adequate assurance of the ability of the Bankrupt Party to perform all future material obligations under the Contract Documents, which assurances shall be provided within ten(10)days after receiving notice of the request;and 22 RFQ a 037-2821-17/TP Central Seacrest Corridor Utility Phase It(Design Build)—Contract Attachment D PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 2. The Bankrupt Party shall file an appropriate action within the bankruptcy court to seek assumption or rejection of the Agreement within sixty (60) days of the institution of the bankruptcy filing and shall diligently prosecute such action. lithe Bankrupt Party fails to comply with its foregoing obligations,the non-Bankrupt Party shall be entitled to request the bankruptcy court to reject the Agreement,declare the Agreement terminated and pursue any other recourse available to the non-Bankrupt Party under this GC 9.0. 9.6.2 The rights and remedies under GC 9.6.1 shall not be deemed to limit the ability of the non-Bankrupt Party to seek any other rights and remedies provided by the Contract Documents or by law, including its ability to seek relief from any automatic stays under the United States Bankruptcy Code or the right of Design-Builder to stop Work under any applicable provision of these General Conditions. GC 10.0 Miscellaneous 10.1 Assignment 10.1.1 Neither Design-Builder nor Owner shall without the written consent of the other, assign, and transfer or sublet any portion or part of the Work or the obligations required by the Contract Documents. 10.2 Successorship 10.2.1 Design-Builder and Owner intend that the provisions of the Contract Documents are binding upon the parties,their employees,agents,heirs,successors and assigns. 10.3 Governing Law 10.3.1 The Agreement and all Contract Documents shall be governed by the laws of the place of the Project,without giving effect to its conflict of law principles. 10.4 Severability 10.4.1 If any provision or any part of a provision of the Contract Documents shall be finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable Legal Requirements, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provision or parts of the provision of the Contract Documents, which shall remain in full force and effect as if the unenforceable provision or part were deleted. 10.5 No Waiver 10.5.1 The failure of either Design-Builder or Owner to insist, in any one or more instances, on the performance of any of the obligations required by the other under the Contract Documents shall not be construed as a waiver or relinquishment of such obligation or right with respect to future performance. 10.6 Headings 231 `' ` gc RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase It(Design Build)--Contrail Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE EI 10.6.1 The headings used in these General Conditions or any other Contract Document, are for ease of reference only and shall not in any way be construed to limit or alter the meaning of any provision. 10.7 Notice 10.7.1 Whenever the Contract Documents require that notice be provided to the other party,notice will be deemed to have been validly given (i)if delivered in person to the individual intended to receive such notice,(ii)four(4)days after being sent by registered or certified mail,postage prepaid to the address indicated in the Agreement,(iii)if transmitted by facsimile,by the time stated in a machine- generated confirmation that notice was received at the number of the intended recipient, or(iv) if transmitted by e-mail to the individual to whom such notice is required to be given, by the time stated in a machine-generated confirmation that notice was received at the e-mail address of the intended recipient. 10.8 Amendments 1 011 The Contract Documents may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of both parties. 10.9 Third Parties 10.9.1 The services to be performed by Design-Builder are intended solely for the benefit of the Owner. No person or entity not a signatory to this Agreement shall be entitled to rely on the Design- Builder's performance of its services hereunder,and no right to assert a claim against the Design- Builder by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of the Design-Builder's services hereunder. GC 11.0 Electronic Data 11.1 Electronic Data 11.1.1 The parties recognize that Contract Documents, including drawings, specifications and three- dimensional modeling (such as Building Information Models) and other Work Product may be transmitted among Owner,Design-Builder and others in electronic media as an alternative to paper hard copies(collectively"Electronic Data"). 11.2 Transmission of Electronic Data 11.2.1 Owner and Design-Builder shall agree upon the software and the format for the transmission of Electronic Data.Each party shall be responsible for securing the legal rights to access the agreed upon format, including, if necessary, obtaining appropriately licensed copies of the applicable software or electronic program to display,interpret and/or generate the Electronic Data. 11.2.2 Neither party makes any representations or warranties to the other with respect to the functionality of the software or computer program associated with the electronic transmission of Work Product. Unless specifically set forth in the Agreement,ownership of the Electronic Data does not include ownership of the software or computer program with which it is associated,transmitted, generated or interpreted. 241 RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment D PROGRESSIVE 1)ESI(:NIBtJ11.1)AGREEMENT FOR CENTRAL. SFA('REST CORRIDOR UTILITY IMPROVEMENTS PHASE II . 11.2.3 By transmitting Work Product in electronic form,the transmitting party does not transfer or assign its rights in the Work Product.The rights in the Electronic Data shall be as set forth in Article 4.0 of the Agreement("Ownership of Work Product"). Under no circumstances shall the transfer of ownership of Electronic Data be deemed to be a sale by the transmitting party of tangible goods. 11.3 Electronic Data Protocol 11.3.1 The parties acknowledge that Electronic Data may be altered or corrupted, intentionally or otherwise, due to occurrences beyond their reasonable control or knowledge including but not limited to compatibility issues with user software, manipulation by the recipient, errors in transcription or transmission, machine error, environmental factors, and operator error. Consequently, the parties understand that there is some level of increased risk in the use of Electronic Data for the communication of design and construction information and,in consideration of this, agree, and shall require their independent contractors, Subcontractors and Design Consultants to agree,to the following protocols,terms and conditions set forth in this GC 11.3. t I 3.2 Electronic Data will be transmitted in the format agreed upon in GC 11.2.1, including file conventions and document properties,unless prior arrangements are made in advance in writing. 11.3.3 The Electronic Data represents the information at a particular point in time and is subject to change. Therefore,the parties shall agree upon protocols for notification by the author to the recipient of any changes which may thereafter be made to the Electronic Data,which protocol shall also address the duty,if any,to update such information,data or other information contained in the electronic media if such information changes prior to Final Completion of the Project. 113.4 The transmitting party specifically disclaims all warranties,expressed or implied including,but not limited to,implied warranties of merchantability and fitness for a particular purpose,with respect to the media transmitting the Electronic Data. However, transmission of the Electronic Data by electronic means shall not invalidate or negate any duties pursuant to the applicable standard of care with respect to the creation of the Electronic Data,unless such data is materially changed or altered after it is transmitted to the receiving party,and the transmitting party did not participate in such change or alteration. 2SIP RFQ#037-2.821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II ATTACHMENT E INDEMNITY,INSURANCE&BONDING 1.0 Indemnity 1.1 The parties agree that one percent(1 %)of the total compensation paid to Design-Builder for the Work under this Agreement shall constitute specific consideration to Design-Builder for the indemnification to be provided under this Agreement. To the fullest extent permitted by law, Design-Builder shall defend,indemnify and hold Owner,its officers and employees harmless from and against any and all claims, liability, damages,losses, causes of action and/or costs including but not limited to reasonable attorney's feesfrom any breach of contract or are caused by the negligence,recklessness or intentional wrongful conduct of Design-Builder or persons employed or utilized by Design-Builder,or anyone acting under the authority and control of Design-Builder in the performance of the Work. .. . . _. • -_ ,. - . .. - i t t 1 •1 1 1 1 • _ 1.2 Owner shall cause any other contractor who may have a contract with Owner to perform work in the areas where Work will be performed under this Agreement,to agree to indemnify and defend Design-Builder,Subcontractors or anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable and hold them harmless from all claims for bodily injury and property damage, other than property insured under Section 5.0, that may arise from that contractor's operations.Such provisions shall be in a form satisfactory to Design-Builder. 1.3 If an employee of Design-Builder,Design Consultants, Subcontractors,anyone employed directly or indirectly by any of them,or anyone for whose acts any of them may be liable has a claim against Owner,its officers,directors,employees,or agents,then Design-Builder's indemnity obligation set forth in Section 1.1 above shall not be limited by any limitation on the amount of damages, compensation,or benefits payable by or for Design-Builder,Design Consultants,Subcontractors, or other entity under any employee benefit acts,including workers'compensation or disability acts. 1.4 Legal counsel to conduct any defense in any such proceeding shall be mutually agreed to by City and Design-Builder,and all costs and fees associated therewith including any costs or fees of an appeal shall be the responsibility of Design-Builder under the indemnification agreement.Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 76828 as amended from time to time.This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity. which would otherwise exist as to any party described in this Paragraph and its subparts. 2.0 Design-Builder's Insurance-See Attachment G-Special Conditions 21. 2.1 Excess Liability Insurance above the required Commercial General, Commercial Automobile,and Employer's Liability insurance to result in overall liability coverage in the amount of$10,000,000 annual aggregate limit. 1 � RFQ#037-2821-17/TP Central 5eacrest Corridor Utility Phase II(Design Build)—Contract Attachment E , PROGRESSIVE DESIGNIBUILD AGREEMENT FOR CENTRAL SEACRFST CORRIDOR UTILITY IMPROVEMENTS PHASE II 2.2 For Contractor's Pollution Liability Errors and Omissions Insurance see Attachment G- Special Conditions 22. 2.3 The policies shall contain a provision that coverage will not be canceled or not renewed until at least thirty (30) days' prior written notice has been given to Owner. Certificates of insurance showing required coverage to be in force shall be filed with Owner prior to commencement of the Work. 2.4 Products and Completed Operations warranty shall be maintained for a minimum period of at least one year(s) after either ninety (90) days following the date of Substantial Completion or final payment,whichever is earlier. 2.5 The insurance limits stated in this Attachment E may be satisfied through a combination of underlying and excess or umbrella coverage. 2.6 Subcontractors. Design-Builder shall require that all Subcontractors working on the Project secure and maintain the same insurance coverages required for Design-Builder for workers' compensation insurance,employer's liability insurance,commercial automotive liability insurance and commercial general liability insurance and other financial sureties required by applicable law in connection with their presence and the performance of their duties pursuant to this Agreement; provided that Owner may approve lower limits for specific subcontractors pursuant to a request submitted by Design-Builder to Owner prior to any work being performed by the subcontractor. Design-Builder shall require that all subcontractors performing engineering services and all subcontractors performing work with potential pollution liability risk secure and maintain Professional Liability or Pollution Liability insurance coverage,respectively,with such coverage limits commensurate with the scope of the subcontract work performed. Owner,Design-Builder and all other parties of Design-Builder shall be named as additional insured on subcontractor's required commercial general liability insurance policy.Alternatively,Design-Builder may obtain and maintain said policies and sureties on the subcontractor's behalf. 3.0 Professional Liability Insurance-See Attachment G-Special Conditions see 21d and 23. 4.0 Owner's Liability Insurance 4.1 Owner shall be responsible for obtaining and maintaining its own liability insurance.Insurance for claims arising out of the performance of this Agreement may be purchased and maintained at Owner's discretion. 4.2 If Owner hires separate contractors for with respect to the Project or for any portion of the Work, then Owner shall require that such separate contractors waive any insurers' rights of subrogation against the Design-Builder and its Subcontractors,Design Consultants,and their officers,directors, and employees. 5.0 Insurance to Protect Project- See Attachment 0-Special Conditions 24. 5.1 If Owner occupies or uses a portion of the Project prior to its Substantial Completion, such occupancy or use shall not commence prior to a time mutually agreed to by Owner and Design- Builder and to which the insurance company or companies providing the property insurance have 21P RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase It(Design Build)—Contract Attachment E PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II consented by endorsing the policy or policies. This insurance shall not be canceled or lapsed on account of partial occupancy.Consent of Design-Builder to such early occupancy or use shall not be unreasonably withheld. 5.2 Owner shall obtain and maintain boiler and machinery insurance as necessary.The interests of Owner,Design-Builder,Subcontractors and Subcontractors shall be protected under this coverage. 5.3 Upon Substantial Completion and during any period of startup,testing,commissioning,or initial operation of the Project,Owner shall obtain and maintain insurance with respect thereto consistent with that insurance which Owner obtains and maintains with respect to any damage or loss to its permanent plant during commercial operation.Design-Builder,Subcontractors and Subcontractors shall be named as additional insured on such insurance,and Owner hereby waives any rights of subrogation with respect thereto. 6.0 Property Insurance Loss Adjustment 6.1 Any insured loss shall be adjusted with Owner and Design-Builder and made payable to Owner and Design-Builder as trustees for the insureds, as their interests may appear, subject to any applicable mortgagee clause. 6.2 Upon the occurrence of an insured loss, monies received will be deposited in a separate account and the trustees shall make distribution in accordance with the agreement of the parties in interest, or in the absence of such agreement,in accordance with a mediation agreement,or,if not resolved through mediation,then by an arbitration award pursuant to arbitration.If the trustees are unable to agree between themselves on the settlement of the loss, such dispute shall also be submitted for resolution by mediation or arbitration. 7.0 Waiver of Subrogation 7.1 Owner and Design-Builder waive all rights against each other, and any of their respective employees, agents, consultants, subcontractors and subcontractors for damages caused by risks covered by insurance provided in Section 5.0 to the extent they are covered by that insurance, except such rights as they may have to the proceeds of such insurance held by Owner and Design- Builder as trustees.Design-Builder shall require similar waivers from all Subcontractors,and shall require each of them to include similar waivers in their subcontracts and consulting agreements. 7.2 Owner waives subrogation against Design-Builder, Subcontractors and subcontractors on all property and consequential loss policies carried by Owner on adjacent properties and under property and consequential loss policies purchased for the Project after its completion. 7.3 If the policies of insurance referred to in this Section require an endorsement to provide for continued coverage where there is a waiver of subrogation,the owners of such policies will cause them to be so endorsed. 8.0 Bonding• See Attachment G-Special Conditions 25. 3 , RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment E — I PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEAC1tEST CORRIDOR UTILITY IMPROVEMENTS I'IIASE 11 ATT ACHMFAT OWNER'S PERMIT LIST The DESIGN BUILD TEAM is responsible for reviewing and becoming familiar with all permitting efforts that have been conducted and carrying these efforts forward,and obtaining all permits that are required to design and construct the project Preparation of complete permit packages will be the responsibility of the Design-Builder. The Design-Builder must submit any permit applications to the CITY for review and approval prior to submittal to any permit agencies. All permits required for a particular construction activity will be acquired prior to commencing the particular construction activity.The Design-Builder is required to pay all permit fees.If any agency rejects or denies a permit application, it is the Design-Builder's responsibility to make the necessary changes to ensure the permit is approved. Permit requirements are generally listed below;however,this list is not all-inclusive and the Design-Builder shall provide all permits related to the project • Florida Department of Environmental Protection • Palm Beach County Health Department(Expires 01109/2019) • City of Boynton Beach Building Department • Florida Departmtnt of Transportation • Palm Beach County Utilities Right-of-Way • South Florida Management District(Expires 12/09/18) • Palm Beach County Landscape THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY RFQ#037-2821-17/7 Central Seacrest Corridor Utility Phase N(Design Build)- Contract Attachment F PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II ATTACHMENT G SPECIAL CONDITIONS 1. The Design-Builder shall perform necessary additional investigations as part of their Phase 1 services in order to prepare an accurate guaranteed Maximum Price. 2. In order to encourage the use of local contractors,the Design-Builder will be limited to preforming 75%or the work with its in-house forces. 3. The Owner encourages the utilization of local businesses and labor force within the City of Boynton Beach city limits therefore Design-Builder shall make every effort to engage local contractors to enhance the local economy. 4. Invitation to Bid documents prepared by the Design-Builder for such solicitations shall include the non-technical documents consisting of the necessary bidding information; General Conditions of the Contract, Supplementary General Conditions of the Contract and Division One of the specifications, proposal and contract form. Said documents may be provided by the Owner at the Design-Builder's request.Solicitations shall be prepared with the following guidelines: a. Purchases of materials, supplies, rental or leases of equipment amounting to less than $1,200 each may be completed without bids or quotes.However,such purchases must be reasonably necessary to expedite work on the project, and these purchases must be documented with a receipt from the vendor.The Design-Builder shall not divide or separate procurements in order to avoid the requirements set forth. b. Contracts over$1,200 but not exceeding$75,000 require that the Design-Builder seek three (3) verbal quotations in conformance with the Design-Builder's scope of work and budgeted amount. Design-Builder must document these purchases showing the three (3) firms verbally contacted with their respective prices.The Design-Builder shall not divide or separate procurements in order to avoid the requirements set forth. c. Contracts over$75,000 require that the Design-Builder request three(3)written quotes in conformance with the Design-Builder's scope of work and budgeted amount. d. Contracts exceeding$75,000 shall be conducted under a formal Bid process or piggy-back from public advertised contracts that meet the City purchasing requirements_The Design- Builder may seek sealed bids from qualified firms who submit the lowest responsive, responsible bid. The Design-Builder shall advertise these projects at least once in a newspaper or general circulation in Palm Beach County appearing at least twenty-one(21) calendar days prior to the established bid opening and at least five (5)days prior to any scheduled pre-bid conference. These sealed bids/proposals must be delivered at the location, date and time named by the Design-Builder stated in bid advertisement and subsequent invitation to bid documents.A tabulation sheet shall be furnished to the Owner and to each firm,if requested. 5. As part of such preparation, the Design-Builder shall review the specifications and drawings. Ambiguities,conflicts or lack of clarity in language,use of illegally restrictive requirements,and any other defects in the specifications or in the drawings noted by the Design-Builder shall be RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment G PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II brought to the attention of the Project Manager and Permitting agency(ies) in written form and simultaneously corrected. 6. For each separate construction contract exceeding$75,000,the Design-Builder may conduct a pre- bid conference with bidders and the Project Manager. In the event questions are raised, which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation,the Design-Builder shall prepare an addendum to the bidding document, issuing same to all the prequalified bidders. 7. Quality Control: The Design-Builder shall develop and maintain a program acceptable to the Owner,to assure quality control of the construction.The Design-Builder shall supervise the work of all subcontractors providing insurance to each when their work does not conform to the requirements of the plans and specifications and it shall continue to exert its influence and control over each subcontractor to ensure that corrections are made in a timely manner so as to not affect the efficient progress of the work. Should disagreement occur between the Design-Builder over acceptability of work and conformance with the requirements of the specifications and plans,the Owner shall be the final judge of performance and acceptability. 8. Subcontracting Interfacing: The Design-Builder shall be the sole point of interface with all subcontractors for the Owner and all of its agents and representatives.It shall negotiate all change orders,field orders,and request for proposals,with all affected subcontractors and shall review the costs of those proposals and advise the Owner of their validity and reasonableness, acting in the Owner's best interest prior to requesting approval of each change order from the Owner. Before any work is begun on any change order,a written authorization and approval from the Owner must be issued. However, when health and safety are threatened, the Design-Builder shall act immediately to remove the threat. It shall also carefully review all shop drawings and then issue the shop drawings to the affected subcontractor for fabrication or revision. The Design-Builder shall maintain a suspense control system to promote expeditious handling. It shall make interpretations of the drawings or specifications requested by the subcontractors and shall maintain said suspense control system to promote timely response.The Project Manager must be informed when the timely response is not occurring on any of the above. 9. Permits:The Design-Builder shall secure all necessary permits,the cost of which will be included in the OMP and considered a direct cost item(no mark-up). 10. Job Site Requirements:The Design-Builder shall provide for each of the following activities as a part of its Construction Phase fee: a. Provide a safety program for the project to meet Owner and OSHA requirements.Monitor for subcontractor compliance without relieving them of the responsibilities to perform work in accordance with the best acceptable practice. b. Maintain a log of daily activities, including manpower records, weather, delays, major decisions,etc. c. Maintain a roster of companies on the project with name and telephone numbers of key personnel. RFC1#037-2821-171W Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment G PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE H d. Establish and enforce job rule governing parking, clean up, use of facilities and worker discipline. e. Provide labor relations management for a harmonious,productive project f. Provide a quality control program as per Section 3.2(F)herein. g. Miscellaneous office supplies that support the construction efforts,which are consumed by its own forces. h. Travel to and from its home office to the project site as the project requires shall be reimbursed thru the GMP. The Design-Builder shall provide personnel and equipment or shall arrange for separate subcontracts to provide each of the following as a direct cost item: a. Schedule the services of independent testing laboratories and provide the necessary testing of materials to ensure conformance to contract requirements. b. The printing and distribution of all required bidding documents and shop drawings, including the sets required by the Permitting Agency(les)inspectors. 11. Job Site Job Site Administration: The Design-Builder shall utilize an internet based project management tool called e-Builder EnterpriseTM.This internet-based application is a collaboration tool,which will allow all project team members continuous access through the Internet to important project data as well as up to the minute decision and approval status information. • Design-Builder shall conduct Project controls, outlined by the Owner, utilizing e- Builder EnterpriseTM.No additional software will be required.The Owner will assist the Contractor in providing training to their personnel. • Design-Builder shall have the responsibility for visiting the Project web site on a daily basis, and as necessary to be kept fully appraised of Project developments, for correspondence,assigned tasks and other matters that transpire on the site.These may include but are not limited to: Contracts, Contract Exhibits, Contract Amendments, Drawing Issuances,Addenda,Bulletins,Permits,Insurance&Bonds,Safety Program Procedures, Safety Notices,Accident Reports, Personnel Injury Reports, Schedules, Site Logistics, Progress Reports, Daily Logs, Non-Conformance Notices, Quality Control Notices,Punch Lists, Meeting Minutes,Requests for Information, Submittal Packages, Substitution Requests, Monthly Payment Request Applications, Supplemental Instructions,Change Order Requests,Change Orders,and the like.All supporting data including but not limited to shop drawings, product data sheets, manufacturer data sheets and instructions, method statements, safety MSDS sheets, Substitution Requests and the like will be submitted in digital format via e-Builder EnterpriseTM. • Electronic File Requirements: In addition to the standard closeout submittal requirements detailed elsewhere in the Contract Documents, the Contractor and Subcontractors shall also submit all closeout documents including all "As-Built 31Pa e RFQ#037-2821-17JTP Central Sea crest Corridor Utility Phase ti (Design Build)—Contract Attachment 6 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Drawings", catalog cuts and Owner's Operation and Maintenance manuals in digital format.All documents(including as-built drawings)shall be converted or scanned into the Abode Acrobat(.PDF)file format and uploaded to e-Builder EnterpriseTM.The As-Built Drawings shall also be submitted in AutoCAD(.DWG)format. • e-Builder Implementation Requirements:e-Builder EnterpriseTM is a comprehensive Project and Program Management system that the City of Boynton Beach Utilities will • be implementing for managing documents, communications and costs between the Contractor,Engineer,and Owner.e-Builder Enterprise"'includes extensive reporting capabilities to facilitate detailed project reporting in a web-based environment that is accessible to all parties and easy to use. o Central Document Vault: e-Builder EnterpriseTM system includes a central database that maintains all project information and manages project communications amongst team members. o Communication/Correspondence: e-Builder provides electronic mutable communication forms that provide historical tracking, documentation, and increased accountability of project members. o Project Calendars: Meetings will be scheduled and maintained centrally on e- Builder EnterpriseTM o Reporting: All of the project and program data including documents, communications and costs are accessible through integrated online reports.These reporting tools are completely configurable by each user. All reports can be exported to Excel for added flexibility. • e-Builder Enterprise'"b'User Licenses:Each user license is for access to the web site consisting of unlimited data storage. Users can be direct employees of the Contractor, Engineer,and Owner. Each user license includes full access to e-Builder EnterpriseTM including all of the documents and reports mentioned above.Furthermore,each user license provides the e- Builder software as a service(SaS)including: o All hosting, operation, maintenance and data backup of the e-Builder EnterpriseTM software and documents, which are maintained in state-of-the-art data centers located throughout the United States. o Quarterly e-Builder EnterpriseTM software enhancements o Unlimited phone,email and web based support 24-hours: The City of Boynton Beach has an e-Builder EnterpriseTM License and will provide the selected General Contractor with a limited number of user licenses for the duration of the project.The City of Boynton Beach 4IPJg RFQ#037-2821-17/7P Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment G PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II will provide basic training for these users; additional training may be procured directly from e-Builder directly at the contractors own cost. Job Meetings: Hold weekly progress meetings and coordination meetings to provide for an easy flowing project. Implement procedures and assure timely submittals,expedite processing approvals and return of shop drawings, samples, etc. Coordinate and expedite critical ordering and delivery of materials, work sequences,inspection and testing,labor allocation, etc.Review and coordinate each subcontractor's work. Review and implement revisions to the Schedule.Monitor and promote safety requirements. In addition,regular project status meetings will be held between the Owner and the Design-Builder either biweekly or monthly,whichever is designated by the Owner's Project Manager.Job site meetings will be used for preplanning of work, enforcing schedules, and establishing procedures, responsibilities, and identification of authority for all too clearly understand. Identity party or parties responsible to follow up on any problems, delay items or questions and record course of action/solution.Revisit each pending item at each subsequent meeting until resolution is achieved. Require all present to make any problems or delaying event known to those present for appropriate attention and resolution. Shop Drawing Submittals/Approvals: Provide staff to check shop drawings and closely monitor their submittal and approval process. Material and Bujjipment Expedjtirg:Provide staff to closely monitor material and equipment deliveries; critically important checking and follow-up procedures on supplier commitments of all subcontractors. Payments to Subcontractors;Develop and implement a procedure for review, processing,and payment of applications by subcontractors for progress and final payments.All financial documents and records shall be maintained pursuant to reasonable accounting practices designed to afford the Owner the ability to have the documents audited with the minimum of cost and disruption. Document Interpretation:Refer all questions for interpretation of the technical documents to the Owner for direction. Reports and Project Site Documents;Record the progress of the project.Submit written progress reports to the Owner including information on the subcontractor's work,and the percentage of completion. Keep a daily log available to the Owner and the Permitting Agency(ies)inspectors for reviewing and copying. Subcontractor's Progress:Prepare periodic punch lists for subcontractor's work including unsatisfactory or incomplete items and schedules for their completion. substantial Completion:Substantial completion shall be established by way of the following steps: a. Design-Builder shall notify the Owner that the project is ready for Substantial Completion inspections. b. The Owner shall conduct such inspections. c. Inspections shall be completed by the Owner's Representative. d. The Owner shall consolidate a punch list(Owner's punch list) 5 I RKt#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment G PROGRESSIVE DESIGN/IJUILI) AGREEME1\1 FOR CENTRAL SF AC'REST CORRIDOR UTILITY IMPROVEMENTS PHASE 1l e. The Design-Builder shall issue a Certificate of Substantial Completion for acceptance by the Owner's with punch list attached. Start-up and commissioning:Start-up and commissioning will consist of obtaining all regulatory clearances and approvals in order to place the project into service.All approvals shall be reported and provided to the Owner prior to Substantial Completion. Final Completion:Monitor the Subcontractor's performance on the completion of the project and provide notice to the Owner that the Work is ready for Final Inspection. Secure and transmit to the Owner all required guarantees, affidavits, warranties, releases, bonds and waivers, manuals, record drawings, and maintenance manuals including the Final Completion Form. Record Drawings:The Design-Builder shall monitor the progress of their own forces or their subcontractors on marked up field prints end at project;completion will prepare the final record drawings. ' r 12. Administrative Records: The Design-Builder will maintain on the Job Site (and on e-Builder platform) all project files and records. The project records shall be available at all times to the Owner for reference, review or copying. 13. Owner's Use:The Design-Builder shall provide services during the design and construction phases and will provide a coordinated Owner use of the project.It shall provide consultation and project management to facilitate Owner use and provide transitional services to get the work,as completed by the subcontractors;"on-line"in such conditions as will satisfy Owner operational requirements. The Design-Builder shall conduct the preliminary punch list inspection and coordinate the completion of the punch list work to be done with the Owner's use in mind, The Design-Builder shall secure required guarantees and warranties, assemble and deliver same to the Owner in a manner that will facilitate their maximum enforcement and assure their meaningful implementation.The Design-Builder shall continuously review"Record"Drawings"and mark up progress prints to provide as much accuracy as possible. The Owner may not use or take control of the Project elements until the above items the "Substantial Completion" requirements specified in Paragraphs-11 have been completed to the City's satisfaction. Nothing in this provision shall preclude the Owner from taking partial occupancy if necessary. :4. Warranty: Where any work is performed by the Design-Builder's own personnel or by subcontractors under Contract with the Design/Builder, the Design-Builder shall warrant that all materials and equipment included in such work will be new except where indicated otherwise in the Contract documents,and that such work will be new and of good quality,free from improper workmanship and defective materials and in conformance with the Drawings and Specifications. With respect to the same work,the Design-Builder further agrees to correct all work found by the Owner to be defective in material and workmanship or not in conformance with the Drawings and Specifications for a period of one(1)year from the Date of Final Completion or for such longer period of time as may be set forth with respect to specific warranties contained in the trade sections of the Specifications.The Design-Builder shall collect and deliver to the Owner any specific written warranties given by others as required by the Contract Documents. 6) ;' RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)--Contract Attachment 6 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II The Design-Builder shall warrant to the Owner that it possesses good, clear and marketable title to all equipment and materials provided and that there are no pending liens,claims or encumbrances against the equipment and materials. Design-Builder is required to submit form provided by the Owner, named "Warranty of Title"to certify this claim. Performance Warranty referred to in GC2.11 will not be required for this project. 15. Inspections: Code Inspections:All projects require detailed code compliance inspections during construction in certain disciplines. These disciplines normally include,but are not necessarily limited to structural, mechanical, electrical, plumbing, and general building. All inspections shall be made for conformance with the applicable building codes,compliance with drawings and specifications.The Design-Builder is ultimately responsible for all code compliance. Cost for all re-inspections of work found defective and subsequently repaired shall be borne by the Design- B under. 16. Subcontractors: The Design-Builder shall not employ any subcontractor,whether initially or as a substitute against. whom the Owner has reasonable objection, The Design-Builder 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 Section 3.5,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 subcontractors. a. Subcontract Requirements: The Design-Builder shall be responsible for pre- qualifying subcontractors. Pre-qualification shall include but not limited to evaluation of previous experience staffing resources, financial conditions and overall ability to perform the work. Workforce: The Design-Builder shall evaluate subcontractor's percentage of the project construction work to be performed utilizing its own employees. b. Subcontractor Experience:The subcontractor must demonstrate related experience of similar size and complexity as determined by the Design-Builder. Supervision: The subcontractor must agree to provide field (on-site) supervision through a named superintendent for each trade (general concrete forming and placement,masonry,mechanical,plumbing,electrical and roofing)included in the subcontract. In addition, the subcontractor shall assign and name a qualified employee for scheduling direction for its work..The supervisory employees of the subcontractor(including field superintendent,foreman and 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(2)years within the last five years.The subcontractor shall include a resume of experience for each employee identified by him to supervise and schedule the work. 71 RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment G PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACRES'I' CORRIDOR UTILITY IMPROVEMENTS PHASE II c. All Subcontractors shall provide: LIMITATION OF REMEDY-NO DAMAGES FOR DELAY OR DISRUPTION The subcontractor's exclusive remedy for delays or disruptions, except for active interference by the Owner in the performance of the contract caused by events beyond its control,including Owner delays claimed to be caused by the Owner or attributable to the Owner and including claims based on breach of contract or negligence,shall be an extension of its contract time. In the event of a change in the Work, the subcontractor's claim for adjustments in the contact sum are limited exclusively to its actual costs for such changes. Each subcontract shall require the subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays or disruptions and changes in the Work,and thus eliminate any other remedies for claim for increase in the contract price,damages,losses,or additional compensation. Each subcontract shall require that any claims by subcontractor for delay or additional cost must be submitted to the Design-Builder within seven(7)calendar days in the format in which the Design-Builder must submit such claims to the Owner. Failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims. Any such claim must include a time impact analysis as a justification for any equitable time or price adjustment,and a subcontractor's refusal to provide such a timely analysis shall be considered a failure of a condition precedent to advance the claim in any future litigation. The Design-Builder shall also: 1.Observe work of each subcontractor to monitor compliance with schedule. 2.Verify that labor and equipment are adequate for the work and the schedule. 3.Verify that the product procurement schedules are adequate. 4.Verify that product deliveries are adequate to maintain schedule. 5.Report non-compliance with recommendation for changes to the Owner. Responsibilities for Acts and Omission:The Design-Builder shall be responsible to the Owner for the acts and omission of its employees and agents and its subcontractors, their agents and employees, and other persons performing any of the work of supplying materials under a contract to the Design-Builder. Subcontracts to be provided: Upon request, the Design-Builder shall include a copy of each signed subcontract,including the general supplementary conditions,in the project manual. 17. Owner's Responsibilities: Owner is Information: The Owner shall provide information that it possesses regarding the requirements for the project. Site Survey and Reports:The Owner shall provide any available surveys describing the physical characteristics,soil reports,and subsurface investigations,legal limitations, utility locations,and a legal description relating to this Project. The Owner does not warrant the completeness or the 81 RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase 11(Design Build)—Contract Attachment G PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE H current accuracy of any reports and Design-Builder is entitled to rely on said reports in the performance of its work for this Project unless Design-Builder knows or reasonably should have known such surveys or reports are inaccurate. Legal Services:The Owner shall furnish such legal services as may be necessary for obtaining any approvals or easements and such auditing services as the Owner deem necessary. Drawings and Specifications:The Owner will attempt to review and act upon the Design-Builder's drawings and Specifications in ten(10)calendar days to avoid delaying the progress of the Project. 18. Tests & Inspections: Design-Builder shall give Owner notice of readiness of the Work for all required inspections,tests and approvals.Design-Builder shall assume full responsibility,pay all costs and furnish Owner the required certificates of inspection, testing and approval for all materials,equipment or the Work or any part unless other specified. Neither Owner,nor other inspectors shall have authority to permit deviations front or to relax any of the provisions of the Contract Documents,nor to delay the Agreement by failure to inspect the materials and work with reasonable promptness. The payment of any compensation, the giving of any gratuity or the granting of any favor by the Design-Builder to any inspectors,directly or indirectly is strictly prohibited and punishable to the full extent of the law, and any such action on the part of the Design-Builder will constitute a termination of the resultant Contract. 19. Miscellaneous-Apprentices: If the Design-Builder employs apprentices on the project, the behavior of the Design-Builder and Owner shall be governed by the provisions of Florida Statutes, Chapter 446, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the Florida Department of Labor and Employment Security. The Design-Builder will include provisions similar to the foregoing sentence in each subcontract. 20. Establishment of Guaranteed Maximum Price:GMP Established after Execution of this Contract GMP Proposal: Upon completion of Phase I (Design at Permitting Level), Design-Builder shall submit a GMP Proposal to the Owner,which shall include the following, unless mutually agreed to otherwise by the parties: A proposed OMP,which shall be the sum of: a) Lump Sum Amount for Phase 1 of the Project(Design at Permitting Level) b) Cost of Work for Phase II of the Project Construction Contingency Allowance for Phase II Design-Builder's Lump Sum General Conditions Amount for Phase 11 Design- Builder's Lump Sum Insurance for Phase II Design-Builder's Bonds for Phase II Design-Builder's Fee for Phase II 9Ii; RFQ#1037-2821-17CfM Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment G PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Cost of the Work A list of the drawings and specifications, including all addenda used as the basis for the GMP Proposal; A list of all the assumptions and clarifications made by the Design-Builder in the preparation of the GMP Proposal,which list is intended to supplement the information contained in the drawings and specifications; The Guaranteed Completion Date- Substantial and Final Completion- (GCD) upon which the proposed GMP is based, to the extent said date has not already been established and a schedule upon which the GCD is based; A list of allowances and statement of their basis; A statement of additional services;and The time limit for acceptance for the OMP Proposal. All Lump Sum amounts set forth above shall be paid in accordance with a schedule of values on a percent completed basis and shall NOT be subject to audit rights. 21. Insurance: During the performance of the services under this Contract, Design-Builder shall maintain the following insurance policies, and provide Certificates of Insurance written by an insurance company authorized to do business in the state of Florida. a. Workers Compensation Insurance:The Design-Builder shall procure and maintain for the life of this Contract, Workers Compensation Insurance covering all employees with limits meeting all applicable state and federal laws.This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws.This coverage must extend to any sub-contractors that does not have their own Workers Compensation and Employer's Liability Insurance.The policy must contain a waiver of subrogation in favor of the City of Boynton Beach, executed by the insurance company. b. Comprehensive General Liability:The Design-Builder shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an"Occurrence"basis.Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 7,"Indemnification"of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement.Design-Builder shall maintain a minimum coverage of$1,000,000 per claim and $1,000,000 aggregate for personal injury! and $1,000.000 per claim/aggregate for property damage.The general liability insurance shall include the Owner as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty(30)days prior written notice to the Owner. c. Business Automobile Liability: The Design-Builder shall procure and maintain, for the life of this Contract,Business Automobile Liability Insurance. The shall 10 ( ? 3 RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment G PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II maintain a minimum amount of$1,000,000 combined single limit for bodily injury and property damage liability to protect the Design-Builder from claims of damage for bodily and personal injury,including death,as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile including rented automobiles,whether such operations be by the Design-Builder or by anyone directly or indirectly employed by the Design- Builder. d. Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 for each claim. e. Umbrella Liability: The Design-Builders hall procure and maintain,for the life of this contract,Umbrella Liability Insurance, over and above the previously noted liability insurance policies.The Design-Builder shall maintain a minimum amount at$10,000,000. It shall be the responsibility of the Design-Builder to ensure that all sub-contractors comply with the same insurance requirements referenced above. In the judgment of the Owner,prevailing conditions may warrant additional liability insurance coverage or coverage which is different in kind from the original insurance submitted by the Design-Builder.The Owner reserves the right to require the provision by the Design-Builder of an amount of coverage different from the amounts or kind previously required,and shall afford written notice of such change in requirements thirty(30)days prior to the date on which the requirements shall take effect.Should the Design-Builder fail or refuse to satisfy the requirement of changed coverage within the thirty(30)days following the Owner's written notice,the Owner,at its sole option,may terminate the Contract upon written notice to the Design- Builder, said termination taking effect on the date that the required change in policy coverage would otherwise be effective. Design-Builder shall,for a period of two(2)years following the termination of the Agreement,maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claims-made policy only. The Design-Builder agrees to purchase the extended reporting period on cancellation or termination unless a new policy is affected with a retroactive date,including at least the last policy year. Any exceptions to the insurance requirements in this section must be approved in writing by the Owner's Risk Management. 22. Contractors Pollution Liability:Contractor's Pollution Liability:The Design-Builder shall maintain during the term of this Contract,Contractor's Pollution Liability in the amount of$2,000,000 Per Loss/$6,000,000 Annual Aggregate.Coverage will be required for any Environmental/Pollution related services including but not limited to testing,design,consulting,analysis,or other consulting work, whether self-performed or subcontracted. Additionally, such coverage will include bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof,cleanup costs,and the loss of use of tangible property including the resulting loss of use thereof;cleanup costs,and the loss of use of tangible property that has not been 11 P e RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase li(Design Build)—Contract Attachment G PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II physically injured or destroyed; defense including costs, charges and expenses incurred in the investigation,adjustment or defense of claims for such compensatory damages;coverage for losses caused by pollution conditions that arise from the operations of the DESIGN/BUILD FIRM including transportation.Owner shall be named as additional insured: Coverage will be provided on an Occurrence Form or a Claims Made Form with a retroactive date equal to at least the first date of this Contract and with a three(3)year reporting option beyond the Annual expiration date of the policy. Note: Umbrella or Excess Liability policies may be used to obtain the total limits of liability required to meet the required limits of coverage stated above. Evidence of such coverage should clearly demonstrate the underlying coverages/policies that are included. 23. Professional Liability(Errors and Omissions):The Design-Builder shall maintain during the term of this Contract,Professional Liability Insurance in the minimum amount of$1,000,000 per claim. Coverage will be broad to include Errors and Omissions specific to Design-Builder's Professional Liability for direct and contingent design-errors and Architect's/Engineer's Professional Liability with no exclusions for Design Build work.Coverage will be provided on an Occurrence Form or a Claims Made Form with a retroactive date equal to at least the first date of this Contract and with a three(3)year reporting option beyond the Annual expiration date of the policy. 24. Builder's Risk: During the course of Phase I of the Contract, the Design-Builders hall be responsible to maintain Builder's Risk Insurance coverage with the limit being equal to 100%of the completed value(Replacement Value)of the Project;including contractor's labor,materials and equipment used for completion of the Work.The Builder's Risk policy shall include the SPECIAL FORM/ALL RISK COVERAGES.The deductible for flood,wind,and hail cannot exceed 5%of the insured value.No deductible greater than$50,000 shall be permitted for all other perils.The Design-Builder is responsible for payment of deductibles for all losses except for those losses as a direct result of Force Majeure.The Owner and the Design-Builder shall be the certificate holder and Additional Named Insured. The Owner shall be named as additional insured under the Commercial General Liability Policy, the Umbrella Policy,and the Contractor's Pollution Coverage. Depending upon the nature of any aspect of this Project and its accompanying exposures and liabilities,the Owner may, at its sole option, require additional insurance coverages in amounts responsive to those liabilities,which may or may not require that the Owner also be named as additional insured. Said insurance shall be written by an insurer holding a current certificate of authority pursuant to Chapter 624,Florida Statutes.Such insurance shall be endorsed to provide for a waiver of underwriter's rights and subrogation in favor of the Owner of Boynton Beach.Such insurance shall be written by an insurer with an A.M. Best Rating of A-VII X or better. Prior to commencing any work on the Project, Certificates of Insurance approved by the Owner's Risk Management Department evidencing the maintenance of said insurance shall be furnished to the Owner. 12 ) ° • _- ._ RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment G PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE ii The insurance policies shall be endorsed to provide that no material alteration or cancellation, including expiration and non- renewal shall be effective until thirty(30)days after receipt of written notice to the Owner.Anything to the contrary,notwithstanding liabilities of the Design-Builder under this Contract shall survive and not be terminated,reduced or otherwise limited by any expiration or termination of insurance coverages. Neither approval nor failure to disapprove insurance furnished by the Design-Builder shall relieve the Design-Builder from responsibility to provide insurance as required by the Contract. 25. Bonds: In accordance with the provisions of Florida Statutes §255.05, the Design-Builder shall provide to the Owner,on forms furnished by the Owner,a 100%Performance and a 100%Payment Bond, each in the amount of the Guaranteed Maximum Price, less the Design and Engineering Fees.No qualifications,modifications or riders to the bond forms are permitted.The Payment and Performance Bonds must be duly recorded in Palm Beach County Public Records as a condition precedent to the Owner's issuance of a Notice to Proceed. The performance bond shall be conditioned that the Design-Builder performs the Contract in the time and manner prescribed in the Agreement.The payment bond shall be conditioned that the Design-Builder makes payments to all persons who supply the Design-Builder with labor,materials and supplies used directly and indirectly by the Design-Builder in the performance of the Work provided for in resultant Contract,and any change orders shall provide that the surety shall pay the amount not exceeding the sum provided in the bonds,together with interest at the maximum rate allowed by law and that the Design-Builder and surety shall indemnify and hold harmless the Owner to the extent of any and all payments in connection with the performance of this Contract which the Owner may be required to make by law. To be acceptable to the Owner as Surety for Performance Bonds and Payment bonds,a Surety company shall comply with the following provisions outlined in the General Conditions herein. 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 policyholders,provided: a. 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 conduct business in the state has been met. b. In the case of the surety insurance company,in addition to the deduction for reinsurance, the amount assumed by any co-surety,the value of any security deposited,pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted. . _.. _ . .. ... . .. _ . _. .. _ .. _ _. ... ... a ... . ... _ 26. Harmony: Design-Builder is advised and agrees that it will exert every reasonable and diligent effort to assure that all labor employed by Design-Builder and its Subcontractors for work on the Project shall work in harmony with and be compatible with all other labor being used by building 13i =) RFQ It 037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment 6 PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II and construction contractors now or hereafter on the Site of the Project.Design-Builder further agrees that this provision will be included in all subcontracts of the subcontractors as well as the Design-Builder's own contract; provided however,that this provision shall not be interpreted or enforced so as to deny a bridge on account of membership or non-membership in any labor union or labor organization,the right of any person to work as guaranteed by Article 1,Section 6 of the Florida Constitution. 27. Apprentices:If the Design-Builder employs apprentices on the project,the behavior of the Design- Builder and Owner shall be governed by the provisions of Florida Statutes, Chapter 446,and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the Florida Department of Labor and Employment Security.The Design- Builder will include provisions similar to the foregoing sentence in each subcontract. 28. Confidentiality and Public Records Law: Any information disclosed by one party ("Disclosing Party")to the other party("Recipient")in connection with this Contract that is marked confidential or that due to its character and nature,a reasonable person under like circumstances would treat as confidential (the "Confidential Information") will be protected and held in confidence by the Recipient.Confidential Information will be used only for the purposes of this Contract and related internal administrative purposes. Disclosure of the Confidential Information will be restricted to the Recipient's employees, contractors, or alliance companies on a "need to know" basis in connection with the Work,who are bound by confidentiality obligations no less stringent than these prior to any disclosure.Each party may disclose Confidential Information relating to the Work to providers of goods and services such disclosure is necessary and reasonably anticipated. Confidential Information does not include information which:(i)is already known to Recipient at the time of disclosure;(ii)is or become publicly known through no wrongful act or failure of the Recipient; (iii) is independently developed by Recipient without benefit of Disclosing Party's Confidential Information; or(iv) is received from a third party which is not under and does not thereby breach an obligation of confidentiality.Each party agrees to protect the other's Confidential Information at all times and in the same manner as each protects the confidentiality of its own proprietary and confidential materials,but in no event with less than a reasonable standard of care. A Recipient may disclose Confidential Information to the extent requited by law,but that disclosure does not relieve Recipient of its confidentiality obligations with respect to any other party.Except as to the confidentiality of trade secrets, these confidentiality restrictions and obligations will terminate five (5) years after the expiration or termination of the Contract under which the Confidential Information was disclosed, unless the law requires a longer period. The parties acknowledge that the Owner is a municipal corporation that is subject to Florida Statutes§119,and related statutes known as the"Public Records Laws."If a request is made to view such Confidential Information,Owner will notify Design-Builder of such request and the date that such records will be released to the requester unless Design-Builder obtains a court order enjoining such disclosure. If the Design-Builder fails to obtain that court order enjoining disclosure,Owner will release the requested information on the date specified. Such release shall be deemed to be made with the Design-Builder's consent and will not be deemed a violation of law,including but not limited to laws concerning trade secrets,copyright or other intellectual property. In the event the Design- Builder breaches this Contract,then the Design-Builder hereby grants Owner a limited license to use the Confidential Information in any reasonable way in order to mitigate Owner's damages. 14 ) Pa ; RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment G PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 29. Severability:Should any provision of this Contract be deemed or determined to be unenforceable by a court of competent jurisdiction,the remaining contract provisions shall remain in full force and effect. 30. Verification of Employment Status: The Owner shall not intentionally award contracts to any contractor who knowingly employs unauthorized immigrant workers, constituting a violation of the employment provisions of the Immigration and Naturalization Act('INA"). The Owner shall consider the employment by the Design-Builder of authorized immigrants,a violation of Section 274A (e) of the INA. The Design-Builder agrees that such violation shall be grounds for the unilateral cancellation of the Contract by the Owner. 31. Payment of Overtime:Any Overtime required for the Design-Builder to complete the Work within the Contract Time shall be at the sole cost and expense of the Design-Builder. If Owner requires the Design-Builder to perform Overtime Work in order to complete the Work prior to the Guaranteed Completion Date,the Design-Builder shall invoice the Owner for the Overtime such that only the actual costs incurred by the Design-Builder relating to the payment of Overtime premiums, in accordance with the labor policies and applicable laws. Such actual costs include Overtime wage premium,and additional taxes and insurance directly associated with the Overtime wage premium. The Design-Builder agrees that it will not charge for personnel paid a salary,or other form of compensation such that the Design-Builder incurs no direct costs as a result of the Overtime. The Design-Builder shall total the direct Overtime charges,and add the agreed upon overhead rate,but in no case shall such overhead rate exceed ten-percent(10%)of the total Overtime costs. Overtime may only be charged to Owner if the Design-Builder was directed in writing by the Owner to incur the Overtime.Such authorization for Overtime shall be accompanied by a Change Order 1. Scheduling of Overtime:The Owner and the Design-Builder shall establish and agree upon an overall project baseline schedule that shows all work scheduled in excess of forty(40) hours per week, and work scheduled on Saturdays, Sundays and Holidays ("'Scheduled Overtime").Whenever the Design-Builder has Work scheduled beyond the hours per day, days per week, or the Saturdays, Sundays or Holidays shown on the baseline schedule ("Unscheduled Overtime"),then the Design-Builder shall arrange in advance for Owner or the Owner's representative to inspect the Work performed during Unscheduled Overtime. The Design-Builder shall not perform Overtime Work,scheduled,unscheduled without the Owner or the Owner is representative at the Work Location,or available to perform the inspection, as directed by the Owner. The Design-Builder shall reimburse for any additional costs associated with the Owner or the Owner's representative's Overtime pay related to Unscheduled Overtime. 2. Force Majeure:No party shall be liable for any default or delay in the performance of its obligations under this Contract due to an act of nature or other event to the extent that:(a) the non-performing party is without fault in causing such default or delay;(b)such default or delay could not have been prevented by reasonable precautions;and(c)such default of delay could not have been reasonably circumvented by the non-performing party through the use of alternative sources,work-around plans or other means.Such causes include but 15 I RFQ#037-2822-17/TP Central Seacrest Corridor Utility Phase til(Design Build)—Contract Attachment G PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II are not limited to:act of civil or military authority(including but not limited to courts and administrative agencies);acts of God;war,terrorist attacks;riot;insurrection;inability of Owner to secure approval, validation, or sale of bonds; inability of Owner or Design- Builder to obtain any required permits,licenses or zoning,blockades;embargoes;sabotage; epidemics;fires;hurricanes;tornados;floods,or strikes. In the event of any delay resulting from such causes, the time for performance of each of the parties hereunder(including the payment of monies if such event actually prevents payment)shall be extended for a period of time reasonably necessary to overcome the effect of such delay,except as provided for elsewhere in the Contract Documents. In the event of any delay or non-performance resulting from such causes,the party affected shall promptly notify the other in writing of the nature,cause,date of commencement and the anticipated impact of such delay or non-performance.Such written notice,including Change Orders,shall indicate the extent,if any, to which it is anticipated that any delivery or completion dates,will be thereby affected. 3. Interruptions: In situations whereby Design-Builder deems it necessary to interrupt operations,only a twenty-four(24)hour downtime is permissible. PRICE PROPOSAL Task 1.4 Engineering Task Descriptions Task Cost 1 Review of Project Performance Criteria 1 Value Engineering and Design 1.1 Review of Project Performance Criteria!Value Engineering and $ 15,567.05 Design 1.2 Public Relations $57,533.53 2 Design Development 2.1 Neighborhood Construction Plan review $31,854.10 2.2 Forcemain Design Development $81,784.39 2.3 Landscape Plan Development(allowance) Moved to Below 2.4 Regulatory Agency/Permit Review, Coordination and $40,650.29 Applications 2.5 Topographic and Hydrographic Field Survey and Locates $ 132,817.34 2.6 Geotechnical Investigations $ 101,016.76 2.7 Easement Acquisition � $30,133.53 16i RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase It(Design Build)—Contract Attachment G PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE H 3 Meetings and Project Management 3.1 Progress Meetings $ 72,535.26 3.2 Project Status Reports $ 51,283.81 4 GMP Pricing $ 23,651.44 Task 5 Early Construction Task Development Task Cost 6.1 Tree Removal/Replacement $ 53,950.29 I 6.2 Sealcoat and stripe Church Parking Lot $ 1,416.76 6.3 Watermain, Driveway and Sidewalk $50,739.21 i 5.4 Project Quality Control (QC)and Technical Review(Preparation) $ 5,542.53 Early Construction Subtotal $ 760,47630 12.3a I Landscape Allowance(Task Development) J $ 17,900.00 Task 6 Early Construction Task Efforts Task Cost 6.1 Tree Removal I Replacement (Allowance) $465,375.00 6.2 Sealcoat and Stripe Church Parking Lot $ 16,700.00 6.3 Watermain, Driveway and Sidewalk $ 1,750,154.97 6.4 Project Quality Control(QC) and Technical Review $ 6,250.84 (Implementation) Early Construction Subtotal $ 2,238,480 81 Development and Early Construction Total(Less $ 2,988,967.10 Allowance) 2.3b Landscape Allowance (Task Efforts) 1 $43,978.12 Total with Allowance $3,060,835.22 6.00% Fee $ 183,050.11 Phase i Total: $ 3,233,886.33 END OF SECTION 17I , RFQ 11037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment G PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II ATTACHMENT H PHASE 1 -DESIGN DEVELOPMENT GUARANTEED MAXLMUM PRICE DEVELOPMENT SCOPE OF WORK CENTRAL SEACREST UTILITY IMPROVEMENTS PHASE II This Authorization,when executed,shall be incorporated in and become part of the Agreement for Design- Build Services between the City of Boynton Beach (Owner or City), and Ric-Man International Inc. (Design-Builder),dated hereafter referred to as the Agreement. PROJECT BACKGROUND The Design-Builder will ultimately perform engineering design,surveying,geotechnical work,permitting, construction, installation and start-up support in the form of a two-phase Guaranteed Maximum Price (GMP)approach. This Phase 1 Scope of Services involves design development and GMP development services for implementations CENTRAL SEACREST UTILITY IMPROVEMENTS PHASE ll project. The Central Seacrest Corridor Drainage Improvements and Water Main Replacement project was complete in 2013 by C2MHILL and consists of two phases. Phase 1 construction was completed. Phase 2 is the subject of this RFQ.Contract 1 (Phase 1)included the northern portion of the project area extending from S.W 6th Ave to Boynton Beach.Contract 2(Phase 2)includes the southern portion of the project area and consists of watermain replacement, stormwater system upgrades including new exfiltration trench, pavement overlay, landscape relocations and miscellaneous upgrades to driveway aprons and sidewalks,a 2" Reclaimed Water line along Seacrest Blvd, and Landscaping along Seacrest Boulevard. The Central Seacrest Corridor Drainage Improvements and Water Main Replacement Contract 2 design drawings by CH2MHILL(October 2013) and Landscape drawings by G.Allan Hendricks (November 2010)shall be considered the base design drawings and are provided in Appendix A and C-1 from the RFQ. A comprehensive list of existing reference documents used to prepare the base design is included in Appendix D of the RFQ.The criteria to design and construct Contract 2 have been revised and are included here in. The Design Build Team shall exercise creativity and due diligence to complete the project in accordance with project base design drawings,City General and Special Conditions and included herein. The major scope components will include the following utility facilities improvements: • Watermain distribution system replacement and upgrades and reestablishment of water service connections •Stormwater system upgrades including new exfiltration trench •Roadway reconstruction and Pavement overlay •Landscape relocations and miscellaneous upgrades •Sidewalk/Driveway Apron construction •2"Reclaimed Water line along Seacrest Blvd •Forcemain construction and easement acquisitions 1 1 r RFQ ti 037.2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment H PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PRASE II •Landscaping along Seacrest Boulevard •Church parking lot modifications(seal and restripe) Design-Builder will execute this work in a two-phase process. The first phase will involve preliminary engineering design, surveying, and geotechnical work for the development of Design Documents to be completed to a GMP development level of completion.Design and permitted plans for the Central Seacrest Corridor Drainage Improvements and Waterrnain Replacement Contract 2 are provided and are to be utilized along with the project performance criteria,for development of a GMP.Construction engineering and inspection associated with the construction of this portion on the projects will be required,The primary submittals or deliverables of Phase 1 will consist of a forcemain alignment recommendation report, forcemain drawing and permit application, as well as a GMP development document, which will further elaborate on the scope, budget and schedule of the Project.As part of Phase 1 activities,the Owner shall have the opportunity to review and comment on the GMP program, schedule and budget. Phase 2 will include final design,other permitting,procurement,construction,installation,commissioning,and start-up services.Basic Services to be provided by Design-Builder include the following: SCOPE OF WORK Phase 1-Design Development/GMP Development The following scope items have been identified for Phase I: Task 1-Review of Project Performance Design Criteria/Value Engineering and Design Subtask 1.1 -Review Neighborhood Project Performance Criteria Subtask 1.2—Public Involvement,Neighborhood Meeting Task 2-Design Development Subtask 2.1 -Neighborhood Construction Plan Review Subtask 2.2-Forcemain Design Development Subtask 2.3—Seacrest Boulevard Landscape Subtask 2.4-Regulatory Agency Permit Review,Coordination and Applications Subtask 2.5-Topographic and Hydrographic Field Survey and Locates Subtask 2.6-Geotechnical Investigations Subtask 2.7—Easement Acquisition Task 3 -Meetings and Project Management Subtask 3.1 -Progress Meetings Subtask 3.2-Project Status Reports Task 4-GMP Pricing 2 I ° : RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase ii(Design Build)—Contract Attachment H PROCRESSI\'E DESIGN/111111M AGREEMENT FOR CENTRAL SEACRES7' C OltRIDOR (1T1L11 V IMI'ROVH:MENI S PHASE II Task { -Early Construction Activities Subtask 5.1—Tree Removal and Replacement(After establishing pricing—Task 4) Subtask 5.2—Sealcoat and Stripe Church Parking Lot Subtask 5.3—Watermain,Driveway and Sidewalk Construction(After establishing pricing—Task 4) Subtask 5.4-Project Quality Control(QC)Technical Review Execution/Final Desi /Construction and Close out Phase 2-GMP � Task 6-Final Design Task 7-Procurement Task 8. Construction Task 9-Project Close out The detailed scope of services for Phase I is included as follows: PHASE I -DESIGN DEVELOPMENT/GMP DEVELOPMENT' TASK 1 -REVIEW OF PROJECT PERFORMANCE CRITERIA /VALUE ENGINEERING AND DESIGN This task provides for the initiation of the Project,a Design Stage Review Step that involves the review and evaluation of previous work relating to the Project, a review of Project Performance Criteria meeting between the Owner and Design-Builder personnel to evaluate alternative criteria and design concepts and consider life cycle and capital cost saving opportunities. Once the viable alternatives are identified and evaluated, a Design Definition Meeting between the Owner and Design-Builder personnel will be conducted to select design concepts for the wastewater Forcemain and project performance modification for the Neighborhood Improvements.Subtasks arc as follows: Subtask 1.1-Review of Project Performance Criteria/Value Engineering and Design The Design-Builder will review previous documents prepared by others and that have served as guidance for development of the Request for Qualifications (RFQ) for procurement of the Design-Builder. This review will be to clarify project goals,understand the nature and scope and the project performance criteria /design concepts.The Design-Builder will confer with Owner on documents and/or data to be reviewed, including existing design plans and specifications,concept plans and design criteria. As part of the preparation for the Criteria review meeting, the Design-Builder will review the following reports,that previously documents,design criteria and recommendations for which the Scope of Work as defined in RFQ were based on: 31 age. RFQ#037-2821-17/TP Central Seacrest Corridor utility Phase II(Design Build)—Contract Attachment H PROGRESSIVE DESIGNIBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE H • The Central Seacrest Corridor Drainage Improvements and Water Main Replacement Contract 2 design drawings by CH2MHILL(October 2013) • Landscape Plans by G.Allan Hendricks(November 2010) • Proposed Forcemain Concept Plan • Proposed Church Parking Area Concept Plan Subsequent to this expedited review,the Owner desires to hold a review meeting of the Project Performance Criteria/Value Engineering to identify and evaluate the existing design concepts and criteria against other potential options. Design and permitted plans for the Central Seacrest Corridor Drainage Improvements and Watermain Replacement Contract 2 are provided and are to be utilized along with the project performance criteria,for development of a GMP.Construction engineering and inspection associated with the construction of this portion on the projects will be required. Design, Construction and technology experts from the Design-Builder will prepare for and participate in this meeting which will use the Design Manager as a Facilitator, with the goal of either reviewing the existing design plans and concepts and determining if there are viable alternatives that(I)may decrease overall Project costs and/or(2)may offer design enhancements that improve the overall value of the Project.if viable alternatives are identified and agreed to, the Design-Builder will provide comparative planning-level cost estimate to determine if the identified alternatives result in an overall lower Project cost and/or maintenance benefits offer significant additional value to the OWNER. Subsequent to this project review meeting, Desi Builder will i�- prepare a draft set of minutes to include comparative planning level cost estimates for the identified viable alternatives, Project Performance Criteria The Owner wishes the Design Builder to utilize the Central Seacrest Corridor Drainage Improvements and Water Main Replacement Contract 2 design drawings by CH2MHILL(October 2013)as the basis for the Phase II construction as modified by the following performance criteria. The Owner and Design-Builder will consider the following Performance Criteria,at a minimum,for inclusion in the Phase 1 design on the project: A.Water Main Replacement Construction Engineering and construction of 6-inch and 8-inch diameter potable water distribution main within the Contract 2 project area.The existing distribution water main within the proposed Contract 2 area will be removed or grouted.All existing service lines will be connected to the new water main.Existing meters will be relocated as required.Existing fire hydrants will be removed, salvaged, and replaced with new city standard fire hydrants.Additional water main modification requirements are described as follows: 1. The water main shall be located on the same side of the road as shown on the base design drawing, between the roadway centerline and the right of way line. The preferred location shall be 2 feet inside of the edge of pavement, unless pipe bursting method is used.Pipe material may be PVC C-900 instead of Ductile Iron as applicable, in the event of pipe bursting HDPE will be accepted. Ductile Iron pipe will still be required for conflict crossings and Fire Hydrant branches. 41 RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment li PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 2. Asbestos cement piping (ACP) hatched and called out for removal may be abandoned in place or removed, unless pipe bursting is used. Most of the ACP shall be abandoned in place.Any removal of ACP shall be done in accordance with all FDEP requirements.Abandoned pipes 4-inches in diameter or greater shall be grout filled. Non-ACP mains 4-inches and larger under hard surfaces (Roads, Driveways,Sidewalks,etc.)shall be grouted,and cut and capped in green areas. 3. Changes in pipe alignment may be accomplished using appropriate fittings or through pipe deflection. Pipe deflection at the joint is allowed when utilizing ductile iron pipe only, and shall not exceed 75% of the manufacturer's recommended maximum joint deflection. 4. The Design Build Team may propose a revised fire hydrant layout with spacing in accordance with the NFPA I Fire Code for approval by the City.The Fire Marshall may review the fire hydrant layout for approval. Any AutoCAD modifications shall be considered an additional scope. 5. Details regarding interconnections and Testing for PBC Health Department clearances are not specified, therefore the Design Build Team shall develop the plan to satisfy Health Department permit and clearance requirements. A testing plan shall be submitted for approval by the City. 6. Air release valves are required at high points on the water main.The number and location shall be field verified by the Design Build Team. 7. ALL water service connections located to the rear of customer properties shall be relocated to the front of the property by the Design/Build team. 8. The Design Build Team shall be responsible for coordinating with property owners for the completion of the work associated with Contract 2. Coordination shall include but not be limited to construction notification letters, notarized Hold Harmless Agreements, right of entry forms, individual plumbing permits, trees removal/relocation/replacement,and any other coordination deemed necessary by the City 9. If after two documented attempts to obtain the Right of Entry permits from the owner with no success, the Design Build Team shall proceed with the correspondent service transfer. The Design Build Team shall be responsible for coordinating Right of Entry Permits, Building Permits and any other applicable permits required for the service relocation A,Stormwater System Improvements Design and construction of exfiltration trenches with 24-inch drainage pipe in various areas within the Contract 2 area.The general locations of the exflltration trenches and stormwater structures are shown in the existing design drawings.Additional design requirements are described as follows: 511. a � e RFQ#037-2821-17M Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment H PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 10. The location of storm structures and exfltration trenches may vary from the base design drawing as needed.Storm structures are to be installed at low points within the right-of-way to facilitate collection of roadway stormwater runoff 11. Storage volumes shall remain as shown on the base design drawing. 12. Wastewater sewer service laterals in conflict with construction shall be removed and replaced with C900 PVC pipe and fittings in accordance with the cunent City Construction Standards and Details. C.Reclaimed Water System Extension Design and construction the following: 13. 2"reclaimed watermain extension from the existing box at SW 6th Ave. up to SWl2th Ave. 14. A 12"x6"tap with 6"x2"reducer at SW 12th Ave and construct a 2" reclaimed water main up to SW 2nd Ave,and install a meter box. D.Landscape Removal and Replacement Design and construction of landscape shall include the removal of all trees currently located within the public right of way.Landscape improvements shall be in accordance with the following: 15. Landscape improvements shall be completed in accordance with the Seacrest Improvements Landscape Plan. The Contractor shall apply for and obtain the required landscape permit associated with the landscape work 16. Upon removal of trees from the right-of-way in front of homeowners property and at the request from the property owner, up to four trees may be replaced on the owner's property at a 2 to I ratio.Trees that will be used for replacement are listed in the attached Central Seacrest Corridor Tree Selection Right Tree–Right Place Form. 17. Upon request from the adjacent property owner,the Contractor may also relocate trees from the public right-of-way to owner's property. Eligibility for tree relocation will be dependent upon the size and type of trees being requested. 18. The Contractor will be responsible for coordinating the Tree Selection,Right Tree –Right Place Forms and notarized Hold Harmless Agreement prior to the tree relocation or replacement.The Contractor must provide the City with a signed and notarized copy of the Hold Harmless Agreement prior to the tree relocation or replacement. 19. As a reference,the spreadsheet CSC PH2 BASIC INVENTORY OF TREES AND PRELIMINARY CRITERIA FOR REMOVAL I REPLACEMENT / RELOCATION/SAVE.–(Appendix"D"from RFQ). RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase Il(Design Build)—Contract 6 l �� t • Attachment 11 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 20. The disturbed sod and irrigation shall be restored in kind or to better conditions. The Design Build Team shall verify and document the existing conditions for granting the as-built. E.Sidewalk and Driveway Apron Improvements Design and construction of new sidewalks at locations where there are discontinuations in the existing sidewalk 200 feet or less. Design and construction of new concrete driveway aprons to replace existing swaled,asphalt or damaged driveway aprons.Six(6)new bus benches with center rails and trash shall be included in the design. The location of the benches shall in the general vicinity shown on the Seacrest Improvements Landscape Plan. Sidewalks and benches shall be ADA compliant. F,Castjn Place Concrete gn$Asphalt All damaged or failing asphalt edges within the limits of the project shall be repaired.The repaired area shall be a minimum of 18-inches wide.The surfacing shall be mechanical saw cut, leaving a uniform and straight edge, with minimum disturbance to the remaining adjacent surfacing. Stabilized subgrade shall be compacted for its full thickness(minimum 12")and not less than 98 percent of maximum density. Base course shall consist of lime rock material a minimum 8", compacted to 98%of the maximum density at AASHTO Method T-I80.The base surface shall be tack-coated and an asphaltic concrete structural course consisting of matching type and thickness of that removed shall be constructed to match the undisturbed grade at all edges.Restore pavement markings,reflectors,traffic loops,etc.to equal or better than existing conditions. All the roads within the project area shall be milled and resurfaced;ponding in existing roads shall be corrected during resurfacing. All existing swaled driveway aprons,asphalt driveway aprons and damaged driveway aprons shall be removed and replaced with a typical Concrete Driveway Apron in accordance with the City Construction Standards and Details. The Design Build Team shall avoid damage or disruption of existing driveways constructed of stamped concrete or pavers. Existing concrete sidewalks shall remain, except where removal is necessary for construction. Include replacement of broken sections of sidewalk and replacement of asphalt sidewalks. New concrete sidewalk shall be constructed at all gaps or discontinuations in the existing sidewalk 200 feet or less.New sidewalk shall be constructed along the north side of SW 12th Ave from SW 3rd St up to Seacrest Blvd.The Design Build Team shall complete additional sidewalk improvements as shown in the Seacrest Improvements Landscape Plan. The Landscape Plan is provided in Appendix C-1 from RFQ. All newly constructed sidewalks connecting to roadways and newly installed bus benches shall be ADA compliant. As a reference,attached is the spreadsheet CSC PH 2 PRELIMINARY INVENTORY/CRITERIA OF DRIVEWAY APRONS—SIDEWALKS REPLACEMENT/REPAIR.- (Appendix"D"from RFQ) 7 RFQ#037-2821-171W Central Seacrest Corridor Utility P.hase II(Design Build)—Contract Attachment H PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II G.Forcemain Construction The construction of a 10-inch diameter forcemain is to be constructed along SE 13th Avenue from SE 3rd Street eastward to SE 1st street.The forcemain will then turn south and travel along SE 1st Street, crossing Woolbright Road, and enter into the East Water Treatment Plant Site. The forcemain will continue south along the eastern boundary of the plant site to a point west of SE 18th Avenue. At That Point the forcemain will turn east and cross the railroad right-of-way and continue east along SE 18th Avenue to the east side of Federal Highway.The forcemain will then turn north and end at the SW corner of the River Walk Plaza Parcel.A sketch of the route can be found in Appendix C-2 from RFQ. H.Parking Lot Project Along with roadway improvements outlined in the Base Construction Drawings, parking lot seal coat,restriping and associated handicapped parking signs to the First Presbyterian Church parking Lot are to be constructed.These improvements are shown on the plan in Appendix C-2 from RFQ. I.Miscellaneous Improvements Miscellaneous site restoration and infrastructure replacements will be necessary as a result of the potable water, reclaimed water and storm system replacements and improvements. The miscellaneous improvements shall include but not be limited to sewer lateral replacements, sidewalk and curb replacements,road restoration,tree relocation,and irrigation and sod restoration. All design and construction including materials and appurtenances will conform to the Palm Beach County Streetscapes Standards Manual and the City of Boynton Beach,Utility Engineering Design Handbook and Construction Standards. In addition to the above performance criteria,the following items are required as part of this project. Demolition; the CITY or its representative shall inspect any equipment, piping, fittings, valves and appurtenances to be removed or abandoned immediately prior to removal or abandonment.Such material, which is in the opinion of the CITY or its representative,salvable, shall be removed and transported to a location designated by the CITY. If the equipment is not wanted by the CITY,the Design-Builder shall become the owner of the equipment and shall dispose of it Under no circumstances shall existing structures, piping or equipment be removed or demolished without obtaining approval from the CITY or its representative.The Design-Builder shall be responsible for transporting the salvable material to the desired location. Pewatering System:The Design-Builder shall install dewatering equipment as necessary to maintain a dry work area for all new installations. Groundwater sampling and analysis shall comply with the Florida Department of Environmental Protection (FDEP) Generic Permit for Groundwater Discharge. The sampling and analysis shall be performed in accordance with FDEP's Standard Operating Procedures (SOP's)and all laboratory analysis shall be performed by a State of Florida approved laboratory. Mitigation;The Design-Builder shall develop a mitigation strategy covering major events that might affect the Project such as severe weather or protracted loss of treatment capacity caused by work within the Project. 8I '' :i REQ.#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment H PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Schedule:The Design-Builder shall provide a project schedule showing major activities such as,design and permitting,construction activities and final completion. Design Definition Meeting: The goal of the Design Definition Meeting is to review performance design criteria and recommendations,discuss incorporation of the viable alternatives developed in Subtask 1.1,set the extent of team involvement, discuss desired concepts, establish lines of communication,and discuss schedule. Subsequent to this meeting, Design-Builder will prepare a draft set of minutes to include a finalized list of design elements.Design-Builder will receive comments on the draft minutes, revise said documents,and submit an electronic copy of the Final Minutes.The design concepts present in the Final Minutes will serve as the basis of design for the Design Development (Phase 1) and the Final Design/Construction Phase(Phase 2). Subtask 1.2-Public Relations The Design-Builder will be responsible for project safety and quality control,as well as other activities necessary to construct the project. The Design-Builder shall employ an independent personal relations specialist or finn to assist with communication between the project team and the effected community. Communication shall include coordination and information transfer via public meetings,telephone,email, newsprints and pamphlets.The Design-Builder shall provide the project with a separate telephone number and email address. The public outreach firm shall update the utilities Facebook and Twitter accounts as required and shall coordinate updates with a designee from the City. Facebook and Twitter account shall be used to broadcast project updates on frequent basis. Faeebook will be used to update followers on the progress of the project,any road closures or impacts to the quality of life,schedule updates and other information as necessary at least once per weekday utilizing pictures as much as possible. The Twitter account shall be used for multiple daily updates of the project status including road closures or disruptions of transportation corridors and locations of daily work.Pictures shall be used where possible. The Design—Builder will develop a strategy for distributing and collecting the required documentation from the neighborhood stakeholders for their tree relocations,water service installation and driveway apron construction. Projects that have a construction period longer than nine(9)months shall also publish a one page electronic monthly newsletter that contains project status that will be pre-approved by the Utility prior to publication. The Design-Builder will prepare for and conduct a meeting with the neighborhood stakeholders to discuss the improvement plans for the neighborhood. The Owners staff will also attend. The meeting venue is assumed to be provided at the First Presbyterian Church located on the corner of SW 6th Ave. and SW 2nd Street,The Design-Builder will coordinate with stakeholders to obtain require agreements for construction on their property.Tree removal and replacement and driveway apron constructions will also be discussed. Input for the neighborhood will be documented by the Design Builder and where feasible will be incorporated into the construction. TASK 2-DESIGN DEVELOPMENT The Design Development phase will be structured to develop the Design Package to obtain environmental permits and articulate the engineering and technical concepts culminating in a GM? pricing (Task 4). 9 g RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment H PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Design-Builder will conduct various site visits and meetings with the Owner in addition to reviewing all applicable existing engineering data and drawings to fully understand the existing conditions and the Owner expectations.Design-Builder will coordinate this effort with the Owner. Subtask 2.1-Neighborhood Construction Maas Review This task provides for the preparation of updated(Red-Lining)Neighborhood Improvement construction documents based on the project performance criteria, for the following major scope components, to the level to support any additional application for the Permits and construction: • Watermain Distribution System Replacement and Upgrades: Updated watermain alignment, confirmation of proposed new water meter locations and reestablishment of water service connections: •Stormwater System Upgrades:Construction of swale system throughout neighborhood including new=filtration trench.In addition removal of unpermitted asphalt parking placed in City right of way. • Roadway Reconstruction and Pavement Overlay: Roadway restoration over trench along with pavement overlay. •Landscape Relocations and Miscellaneous Upgrades:Relocation or replacement of trees within the public right of way to facility construction of project improvements. • Sidewalk/Driveway Apron Construction; Restoration of deteriorating and broken sidewalks along with construction of additional new ADA compliant sidewalks throughout the neighborhood. Replacement of swaled asphalt and damaged driveway aprons with new concrete aprons •Church Parking Lot Modifications:Sealcoat,striping and associated handicapped parking shown on the concept plan all in accordance with City Standards. Subtask 2.2—Porcemahi Design Development The Design-Builder shall develop the conceptual forcemain plans to a level to enable permit applications submission and GMP development The Design - Builder shall evaluate up to 3 forcemain routes and conduct preliminary evaluations regarding the feasibility of each route.A summary memorandum of the route investigation including cost and benefits for each route shall be submitted to the Owner for review. The memorandum will include recommendation as to which route to pursue. Once approved the Design— Builder shall develop construction plans based on the Owner's Utility Standard specification for the selected route. This Design-Builder will provide and distribute four(4)full size hard copies and an electronic copy in PDF fontat through e-Builder of the Design Development documents for review and comment by the Owner. The Owner will review the design documents and other deliverables and will provide comments at a project review workshop meeting to be held within fifteen(15)business days of delivery of documents from the Design-Builder.The Design-Builder will incorporate Owner's comments from the project meeting(s)and resubmit the deliverables in electronic, PDF format, within ten (10) business days from the review meeting(s)for the Owner's review and approval. Subtask 2.3—Seacreat Boulevard Landscape 101 ., RFC#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment H PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II The Design Builder shall conduct preliminary meetings with City and County permitting agencies utilizing the plans provided in the RFQ to determine the requirements for construction of the landscaping on Seacrest Boulevard.The Design Builder will conduct the necessary investigations to determine the cost to construct the landscape improvements and 2"reuse water main. Subtask 2.4-Regulatory Agency/Permit Review,Coordination and Applications The Design-Builder shall provide preliminary geotechnical investigations,topographic surveys and utility locates,and coordination with regulatory agencies.It is assumed that no environmental hazards, such as underground storage tanks,asbestos,and contaminated soil,will need to be identified,located,remediated or disposed of as part of the work.Subtasks related to the work include: Design and permitted plans for the Central Seacrest Corridor Drainage Improvements and Watermain Replacement Contract 2 are provided and are to be utilized along with the project performance criteria,for development of a(IMP.Construction engineering and inspection associated with the construction of this portion on the projects will be required.The Design-Builder will be responsible for reviewing and becoming familiar with all permitting efforts that have been conducted and carrying these efforts forward, and obtaining all permits that are required to design and construct the project.Preparation of complete permit packages will be the responsibility of the Design-Builder. The Design-Builder must submit any permit applications to the CITY for review and approval prior to submittal to any permit agencies.All permits required for a particular construction activity will be acquired prior to commencing the particular construction activity.Design-Builder will be required to pay all permit fees.If any agency rejects or denies a permit application,it is the Design-Builder's responsibility to make the necessary changes to ensure the permit is approved. Permit requirements are generally listed below;however,this list is not all-inclusive and the Design-Builder shall provide all permits related to the project • Florida Department of Environmental Protection • Palm Beach County Health Department(Expires 01/09/2019) • City of Boynton Beach Building Department • Florida Department of Transportation • Palm Beach County Utilities Right-of-Way • South Florida Management District(Expires 12/09/18) • Palm Beach County Landscape Where necessary,Design-Builder will discuss the proposed project with the applicable regulatory agencies to fully define the permit requirements and to identify the major permitting issues that must be resolved.A permitting strategy shall be developed to address the major issues identified and to facilitate the permit acquisition process. This scope assumes that public hearings will be required as part of the permitting process. Submit report and other design information as may be required specifically for environmental permitting. Applications for the required permits and approvals shall be prepared for submittal to the respective agencies.Where acceptable,Design-Builder will make applications directly. Subtask 2.5-Topographic and Hydrographic Field Survey and Locates 11 • RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment H PROGRESSIVE DESIGN/BUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II In addition to the topographic survey information provided in the Concept Construction Drawings. The Design-Builder shall perform all additional surveying and mapping services necessary to construct the existing neighborhood components and to complete the design and construction of the remaining project components and to provide the CITY with an accurate record of all components, including all new construction, underground lines and utility appurtenances. Survey services must also comply with all pertinent Florida Statutes and applicable rules in the Florida Administrative Code. The Design-Builder shall preform the necessary Hydrographic survey to collect information needed for permitting the selected forcemain route,and for development of the OMP Sabtask 2.6-Geotechnical Investigations The available geotechnical information for project area was provided in the RFQ Appendix D.The Design- Builder will be responsible for identifying and performing additional geotechnical investigation,testing, analysis, and design dictated by project needs. All geotechnical work necessary shall be performed in accordance with the Governing Regulations and Standards.The Design-Builder shall be responsible for its own analysis of all data provided and addition data needed to obtain permits and design project features. The Design-Builder shall submit electronic copies of the Geotechnical(Soils)Report to the OWNER. Subtask 2.7—Easement Acquisition In order to install the intra-coastal waterway Forcemain crossing,construction and permanent easements will need to be acquired from properly owners. The Design-Builder will coordinate discussions with the property owners for obtaining the required easements.The Design Builder will prepare documents needed for recording the easements in the Palm Beach County Public records.The Owner will assist and coordinate obtaining consent to accepting the easements from the City Commission. TASK 3-MEETINGS AND PROJECT MANAGEMENT Activities performed under this task consist of those general functions required to maintain the project on schedule, within budget,and that the quality of the work products defined within this scope is consistent with Design-Builder's standards and Owner's expectations. Specific activities included are identified below: Subtask 3.1-Progress Meetings The Design-Builder will coordinate and conduct monthly progress meetings during the project duration. Additionally,the Design-Builder will attend special meetings at the request of the OWNER from time to time.An average of one(1)additional meeting per month with the OWNER staff is assumed.The Design- Builder will prepare and distribute meeting minutes of each meeting as appropriate. Subtask 3.2-Project Status Reports Design-Builder's project manager will prepare and submit monthly written status reports for the life of Project. TASK 4-GMP PRICING RFQ It 037-2821-17/'TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract 12 Attachment H PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Design-Builder will develop a comprehensive GMP package that will clearly define the detailed scope, schedule and anticipated budget to complete the design and construct the Central Seacrest Utility Improvements Phase 2 project complete and operable. TASK 5-EARLY CONSTRUCTION ACTIVITIES Subtask 5.1-Tree Removal and Replacement Design-Builder will begin the relocation/removal-replacement of existing trees located within the public right of way throughout the project after establishing a price for this task. Subtask 5.2—Sealcoat and Stripe Church Parking Lot Based on the concept plan provided in the RFQ,the contractor shall coordinate with the First Presbyterian Church to begin the seal coating and restriping of their existing asphalt parking lot. Subtask 5.3—Watermain,Driveway and Sidewalk Construction Design-Builder will mobilize and begin early Construction activities associated with installation of sidewalks,driveways and watermains after establishing a price for this task. Subtask 5.4-Project Quality Control(QC)Technical Review An internal project quality management planning session will be conducted at the start of the project.This action is required by Design-Builder'quality management system(QMS)guidelines. OWNER'S RESPONSIBILITIES The OWNER will provide the following to Design-Builder in a timely manner: •Review of Design-Builder work products •Data related to the project sites •Access to the project sites PRICE PROPOSAL ASSUMPTIONS Phase I design includes the requirements of the RFQ,addenda,and the following: 1.Conduct project kickoff meeting with the Owner staff 2.Review alternate design and performance criteria 3. Perform additional investigations as needed to develop design, permitting and construction strategy. 4.Conduct design preferences workshop with the Owner staff 5.Conduct public workshop to review plans with stakeholders. 6. Advance design to the level to support application permitting and construction estimating and construction. 13 RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase Ii(Design Build)—Contract Attachment H PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 7.Complete the permit applications 8.Conduct preliminary technical review committee(TRC)review meeting with the Owner staff 9.Submit package(preliminary evaluations,design,costs and permit applications to the Owner for review) 10.Conduct one review meeting with the Owner staff 11.Finalize documents based upon Owner review comments. TIME OF COMPLETION/SCHEDULE CONSULTANT will provide the services for Phase I based on the durations as outlined in the above scope within weeks of Notice to Proceed. { See Attachment C(Exhibit 1)-Phase 1 Completion Schedule Task Time of Completion (weeks) Notice to Proceed/Kickoff meeting Reviewing of Project Performance Criteria!Valve Engineering&Design Public Involvement Neighborhood Meeting Additional Investigation Neighborhood Updated Red-Line Construction Plans Forcemain Design Route Feasibility Memo Detailed Surveys and Data Collection Regulatory Agency Coordination Topographic and Field Surveys Easements)Coordination/Acquisition Meetings&Reports Early Construction Tasks Negotiate 1 Finalize GMP 14 RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment H i — PROGRESSIVE 1)ESIGNIBUILI) AGREEMENT FOR CENTRAL SEACRI ST CORRIDOR UTILITY IMPROVEMENTS PII ASV II I 15 RFQ#037-2821-17/TP Central Seacrest Corridor Utility Phase II(Design Build)—Contract Attachment H