Design-Build Services ContractDESIGN -BUILD SERVICES CONTRACT
BETWEEN
CITY OF JACKSONVILLE
AND
ACON CONSTRUCTION COMPANY, INC.
FOR
DESIGN -BUILD SERVICES
FOR
SMALL ACTIVE AND PASSIVE PARKS DESIGN -BUILD PROJECTS
THIS DESIGN -BUILD SERVICES CONTRACT for Design -Build Services for Small
Active and Passive Parks Design -Build Projects is made and entered into this $W' day of
Y;
014,ctO , 2022 (the "Effective Date"), by and between the CITY OF JACKSONVILLE, a
consolidated municipal corporation and political subdivision existing under the Constitution and
laws of the State of Florida (the "City" or "Owner'), and ACON CONSTRUCTION COMPANY,
INC. ( the "Design -Builder").
BACKGROUNDFACTS
A. Owner issued CDB -01 12-21 Request for Proposals, including all addenda issued
thereto (the "RFQ"), a copy of which is on file with the City of Jacksonville's Procurement Division,
for certain design -build services consisting of design, permitting, and construction elements
necessary for the renovation or new construction of Park design -build projects as more particularly
described in Section 4 (Description of Services) of the RFQ (the ".Services").
B. Based on Design -Builder's Statoment of Qualifications to the RFQ (the "SDQ" ), a
copy of which is on file with the City of Jacksonville's Procurement Division, Design -Builder was
selected by Owner as one (1) of three (3) design -builders best qualified to perform the Services, and
Owner awarded this Contract to Design -Builder pursuant to Chapter 126, Ordinance Code.
C. Owner and Design -Builder have negotiated mutually satisfactory terms for the
execution of the Services; now therefore
IN CONSIDERATION of the premises and the mutual covenants contained below, and For
other good and valuable consideration acknowledged by the parties to be sufficient, the parties agree
as follows;
1. BACKGROUND FACTS AND CAPITALIZED TERMS. The Background Facts
set forth above are true and correct and incorporated herein by this reference. Unless otherwise
defined herein, all capitalized terms shall have the meanings given to them in the RFQ, and the
Specific Conditions attached hereto as Exhibit A; provided, however, if the RF'Q and the Specific
Conditions dune the same term differently or different terms are defined in the same way, then such
terms will be construed in the context of the document in which the tern is defined.
2. INCORPORATION OF RFQ AND SOQ TERMS; ESTIMATED ANNUAL
CONTRACT FUNDING. The RFQ and SOQ are incorporated herein by this reference and the
terms and conditions set forth therein shall be binding upon the Design -Builder in this Contract.
Design -Builder acknowledges that funding for each Specific Project will be established in the
Capital Improvement Program (C1P) for Fiscal Year 2021-2022. The annual funding projected for
this Contract will not exceed up to eight (8) million dollars each fiscal year (October I" through
September 30'h) and the Owner estimates from one (1) to thirty (30) Specific Projects during the
Contract term; provided, however, that such projected funding and estimated projects are not a
guarantee by Owner during the Contract term. To the extent that the estimated eight (8) million
dollars or any lesser amount is available during any fiscal year for this Contract, the Owner, in its
sole discretion, may rollover any unspent funding of the eight (8) million into subsequent fiscal
years.
3. PERFORMANCE OF SERVICES. Design -Builder shall perform the Services as
specified in the RFQ, and provide all material, equipment, tools, and labor necessary to complete the
Work for Specific Projects as defined in the RFQ. The Services shall also include, but not be limited
to, the start-up and proven commissioning of all systems to make a Specific Project a fully
functioning facility, structure, or improvement. If any services, functions, or responsibilities not
specifically described in Section 4 of the RFQ or this Contract are necessary for the proper
performance and provision of the Work, they shall be deemed to be implied by and included within
the Services to the same extent and in the same manner as if specifically described in this Contract.
The Design -Builder shall be responsible for providing the equipment, supplies, personnel (including
management, employees, and training), and other resources as necessary to provide the Work. The
Design -Builder accepts the special relationship established between itself and Owner by this
Contract. The Design -Builder covenants with Owner that it is an expert in the design, permitting,
and construction of Specific Projects to be requested herein by Owner and will cooperate with
Owner, its representatives, program managers, and construction managers in fostering the interests
of Owner with respect to Specific Projects. The Design -Builder shall employ sound business
administration and superintendence to complete Specific Projects in a manner consistent with the
best interests of Owner.
4. TERM. This Contract shall commence on the Effective Date and shall continue and
remain in full force and effect for five (5) years thereafter until expiration or earlier termination as
provided in this Contract or the RFQ.
5. CONTRACT DOCUMENTS. In the event of any inconsistency, conflict, or
ambiguity between or among the following specified contract documents (collectively the "Contract
Documents"), the Contract Documents shall take precedence in the following order:
a. All written modifications, amendments, including Project Specific Contract
Amendments, and change orders to this Contract;
b. This Contract, including all exhibits attached hereto and incorporated herein;
C. SOQ;
d. Specific Conditions;
e. Design and construction documents prepared and approved in accordance
with the DCP;
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E DCP; and
g. RFQ.
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 GMP specified in each
Project Specific Contract Amendment for each Specific Project. 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 the order in which they are listed in this Section 5
hereof.
6. OWNERSHIP OF WORK PRODUCT.
A. Design -Builder shall deliver to Owner for approval and acceptance, and
before being eligible for final payment of any amounts due, all drawings, maps and plats;
the originals of specifications; the approved as -built drawings if Design -Builder has
performed contract administration; true copies of all computations, survey notes, and diaries;
and, copies of memoranda and pertinent correspondence pertaining to the work (including a
copy of all computer disks containing any of the aforementioned data). Design -Builder shall
provide a copy of all CADD work on computer disks in the Autocad drawing format or the
transfer DFX format. CADD work shall conform with the current CADD standards of the
Engineering Division of Owner. All such documents described in this Section 6.A
(collectively referred to as "Work Products") shall become the property of Owner. Design -
Builder shall not be liable for any re -use of such Work Products for other than the specific
purpose intended without Design -Builder's written verification or adaptation thereof.
Design -Builder and Owner agree that said Work Products shall be considered as works made
for hire under the United States Copyright laws. Owner shall have the absolute and
exclusive right to own and use all the Work Products together with any and all copyrights,
patents, trademarks, and service marks associated with the Work Products. The use of the
Work Products in any manner by Owner shall not support any claim by Design -Builder for
additional compensation.
B. Upon termination of the Contract for any reason prior to Specific Project
completion, all Work Products completed up through the date of termination and paid for by
Owner under the terms of this Contract shall become the property of Owner as set forth in
Section 6.A above.
C. In addition to any other indemnifications from the Design -Builder to Owner
in the Contract Documents, Design -Builder will, at its expense, defend all claims, actions, or
proceedings against Owner based on any allegation that the Work Products or any part of the
Work Products constitutes an infringement of any copyright, patent, or any other intellectual
property right, and will pay to Owner all costs, damages, charges, and expenses occasioned
to Owner by reason thereof. Owner will give Design -Builder written notice of any such
claim, action, or proceeding and, at the request and expense of Design -Builder, Owner will
provide Design -Builder with available information, assistance, and authority for the defense.
If in any action or proceeding the Work Products, or any parts thereof are held to constitute
an infringement, Design -Builder will forthwith either secure for Owner the right to continue
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using the Work Products or will, at Design -Builder's expense, replace the infringing items
with non -infringing Work Products or make modifications as necessary so that the Work
Products no longer infringe. Design -Builder will obtain and pay for all patent, copyright,
and other intellectual property royalties and license fees required in respect of the Work
Products.
7. CONTRACT TIME.
A. Date of Commencement. The Work on any Specific Project shall commence
within five (5) days of Design -Builder's receipt of Owner's Notice to Proceed ("Date of
Commencement") unless the parties mutually agree otherwise in writing. No Notice to
Proceed shall be issued by Owner prior to the parties' execution of a Project Specific
Contract Amendment for a Specific Project in accordance with Section 8 herein, and Owner
shall assume no liability or obligation to Design -Builder prior to the issuance of a Notice to
Proceed. For purposes of this Agreement, a "Notice to Proceed" shall mean the written
notification by Owner to Design -Builder to proceed with the construction of a Specific
Project.
B. Substantial Completion and Final Completion. For purposes of this
Agreement, "Substantial Completion" shall be defined as in the Specific Conditions.
Substantial Completion of each Specific Project shall be achieved by the date set forth in the
Notice to Proceed for a Specific Project (the "Scheduled Substantial Completion Date").
Guaranteed Completion of each Specific Project shall be achieved by the date as set forth in
the Project Specific Contract Amendment for each Project ("Guaranteed Completion
Date"). Design -Builder shall resolve all items on the Substantial Completion punch to
Owner's satisfaction and acceptance by the Guaranteed Completion Date. All of the dates
set forth in this Section 7 ("Contract Time(s)") shall be subject to adjustment in accordance
with the Specific Conditions.
C. Time is of the Essence. Owner and Design -Builder mutually agree that time
is of the essence with respect to the dates and times set forth in the Project Specific Contract
Amendment for each Specific Project.
D. Liquidated Damages. Design -Builder understands that if Substantial
Completion is not attained by the Scheduled Substantial Completion Date contained in the
Notice to Proceed and Project Specific Contract Amendment for a Specific Project, Owner
will suffer damages which are difficult to determine and accurately specify. Design -Builder
agrees that if Substantial Completion is not attained by one (1) day after the Scheduled
Substantial Completion Date (the "LD Date"), Design -Builder shall pay Owner the amount
specified in the Project Specific Contract Amendment as liquidated damages for each day
that the Substantial Completion extends beyond the LD Date. The liquidated damages
provided herein shall be in lieu of all liability for any and all extra costs, losses, expenses,
claims, penalties, and any other damages, whether special or consequential, and of
whatsoever nature incurred by Owner which are occasioned by any delay in achieving
Substantial Completion by the Scheduled Substantial Completion Date and shall be Owner's
sole remedy for the delay. Design -Builder understands and agrees that liquidated damages
are to be paid not as a penalty, but as compensation to Owner as a fixed and reasonable
liquidated damages for losses that Owner will suffer because of such default, whether
through increased administrative and engineering costs, interference with Owner's normal
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operations, other tangible and intangible costs, or otherwise, which costs will be impossible
or impractical to measure or ascertain with any reasonable specificity. Liquidated damages
may, at Owner's sole discretion, be deducted from any monies held by Owner that are
otherwise payable to Design -Builder.
8. PROJECT SPECIFIC CONTRACT AMENDMENTS. Owner may enlist
Services from the Design -Builder for a Specific Project or multiple Specific Projects together
during the term of this Contract. Prior to Owner's issuing a Notice to Proceed for a Specific
Project(s), Owner and Design -Builder will execute a Project Specific Contract Amendment in
the form attached hereto as Exhibit B. Owner shall have no liability or obligations to
Design -Builder prior to Owner's issuance of a Notice to Proceed for a Specific Project. All
Project Specific Contract Amendments will be subject to approval by the City of
Jacksonville's Competitive Sealed Proposal Evaluation Committee (CSPEC) and Mayor or
his designee. Each Project Specific Contract Amendment shall contain: (1) a specific
description of the Project; (2) Guaranteed Maximum Price (GMP) in accordance with Section
10 herein which is equal to Design -Builder's Fee (as defined in Section 9.0 hereof) plus the
negotiated lump sum Cost of the Work (as defined in Section 9.1) hereof), subject to any
adjustments made in accordance with the Specific Conditions; (3) a Scheduled Substantial
Completion Date; (4) Guaranteed Completion Date; (5) the amount of liquidated damages in
accordance with Section 7.1); and (6) an updated Maximum Indebtedness amount under this
Contract.
9. MAXIMUM INDEBTEDNESS: PAYMENTS TO DESIGN -BUILDER.
A. Maximum Indebtedness.
Owner's maximum indebtedness under this Contract is an amount not to exceed Zero ($0.00)
("Maximum Indebtedness). The Maximum Indebtedness amount shall be increased via a
Project Specific Contract Amendment.
B. Payments.
i. Owner will pay Design -Builder for each Specific Project using either
a two -phased approach where Owner will first pay Design -Builder an
amount to perform a portion of the design elements based upon a
DCP for a Specific Project as described in Section 4 of the RFQ to
enable the Owner and Design -Builder to negotiate a GMP and GCD
for the Specific Project, or a one -phased approach where Owner will
negotiate a GMP and GCD, which shall include design services. Any
such amount paid by Owner under either approach will be pursuant to
a Project Specific Contract Amendment.
ii. Upon Owner's acceptance of the GMP Proposal in accordance with
Section 10 herein, Owner and Design -Builder will execute a Project
Specific Contract Amendment and pay Design -Builder in accordance
with the payment terms set forth in the Specific Conditions.
iii. Notwithstanding the foregoing, Design -Builder acknowledges and
agrees that Owner may not solicit Design -Builder to perform any
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Work pursuant to the terms hereof during the term of this Contract,
and Owner makes no guarantee or representation as to the quantity of
Specific Projects, if any, that Owner may solicit from, or issue to,
Design -Builder to perform Work during the term of this Contract.
Design -Builder further acknowledges and agrees that Design -Builder
shall have no recourse, legal or otherwise, against Owner if Owner
does not solicit Design -Builder to perform any Work or Specific
Projects pursuant to this Contract.
C. Design -Builder's Fee.
i. Design -Builder's Fee for each Specific Project shall be limited as
follows:
• For Projects with a GMP less than $100,000, Design Builder's
Fee shall not exceed fifteen percent (15%) of the negotiated lump
sum Cost of the Work for that Project, subject to negotiations
between both parties.
• For Projects with a GMP between $100,000 and $500,000,
Design -Builder's Fee shall not exceed ten percent (10%) of the
negotiated lump sum Cost of the Work for that Project, subject to
negotiations between both parties.
• For Projects with a GMP in excess of $500,000, Design -
Builder's Fee shall not exceed seven and a half percent (7.5%) of the
negotiated lump sum Cost of the Work for that Project, subject to
negotiations between both parties.
D. 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 required for each Specific
Project. The Cost of the Work shall include only the following:
i. Wages of direct employees of Design -Builder performing the Work
at the Sites or, with Owner's agreement, at locations off the Sites.
ii. Wages or salaries of Design -Builder's supervisory and administrative
personnel engaged in the performance of the Work and who are
located at the Sites or working off -Site to assist in the production or
transportation of material and equipment necessary for the Work.
iii. Wages or salaries of Design -Builder's personnel stationed at Design -
Builder's principal or branch offices who are performing functions
required to complete the Work. The reimbursable costs of personnel
stationed at Design -Builder's principal or branch offices shall include
a markup to compensate Design -Builder for the Project -related
overhead associated with such personnel.
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iv. 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 Sections
9.D(i)-(iii) hereof.
V. The reasonable and documented 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.
A. Payments properly made by Design -Builder to Subcontractors and
Design Consultants for performance of portions of the Work,
including any required insurance and bond premiums incurred by
Subcontractors and Design Consultants.
vii. Costs, including transportation, inspection, testing, storage and
handling, of materials, equipment, and supplies incorporated or
reasonably used in completing the Work.
viii. Costs less salvage value of materials, supplies, temporary facilities,
machinery, 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.
ix. Costs of removal of debris and waste from the Sites.
X. The reasonable costs and expenses incurred in establishing, operating,
and demobilizing the Site(s) office(s), including the cost of facsimile
transmissions, long-distance telephone calls, postage and express
delivery charges, telephone service, photocopying, and DSL internet
services.
A. 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
Sites, whether rented from Design -Builder or others, and incurred in
the performance of the Work.
xii. Premiums for insurance and bonds required by this Agreement or the
performance of the Work, including, but not limited to, errors and
omissions insurance, including any sub -contractors bonds as Design -
Builder deems appropriate.
xiii. All fuel and utility costs incurred in the performance of the Work.
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xiv. Sales, use, or similar taxes, tariffs, or duties incurred in the
performance of the Work.
XV. Costs for permits, royalties, licenses, tests, and inspections incurred
by Design -Builder as a requirement of the Contract Documents.
xvi. Deposits which are lost, except to the extent caused by Design -
Builder's negligence.
xvii. Costs incurred in preventing damage, injury, or loss in case of an
emergency affecting the safety of persons and property to the extent
not covered by Design -Builder's insurance.
xviii. Other documented costs reasonably and properly incurred in the
performance of the Work to the extent approved in writing by Owner.
xix. Design -Builder Firm, when qualified, may self -perform all or a
portion of the Work for any item listed on the estimate or GMP
breakdown where it is deemed advantageous due to schedule or
economic benefit for the direct cost of the Work.
XX. Costs of all reproductions used for bidding or information purposes
required by the Specific Projects to directly benefit the Specific
Projects.
xxi. Costs for watchmen and security services for the Specific Projects.
xxii. Costs for such temporary facilities during construction as approved
by Owner, including temporary water, heat, power, sanitary facilities,
telephones, radios, and computers with software.
xxiii. Costs for efficient logistical control of the Sites, including horizontal
and vertical transportation and materials and personnel. Also, costs
for adequate storage.
D. Non -Reimbursable Costs.
The following shall be excluded from the Cost of the Work:
L Compensation for Design -Builder's personnel stationed at Design -
Builder's principal or branch offices, except as provided for in
Sections 9.D (i) -(iii) hereof.
ii. Overhead and general expenses, except as provided for in Section 9.D
hereof or which may be recoverable for changes to the Work.
iii. The cost of Design -Builder's capital used in the performance of the
Work.
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IV. Once the parties have agreed on a GMP, costs that would cause the
GMP, as may be adjusted in accordance with the Contract
Documents, to be exceeded.
V. Any costs incurred by Design -Builder arising out of Design -
Builder's, or its employees', agents', contractors' and
subcontractors', errors, negligent or wrongful acts or omissions in
performing the Work.
10. GUARANTEED MAXIMUM PRICE.
A. GMP Established after Execution of this Agreement
i. GMP Proposal. Design -Builder shall submit a GMP Proposal to
Owner for each Specific Project, which shall include the following
unless the parties mutually agree otherwise:
a. A proposed GMP, which shall be the sum of:
I) Design -Builder's Fee as defined in Section
9.0 hereof,
2) the negotiated lump sum Cost of the Work as
defined in Section 9.13 hereof, inclusive of any
Design -Builder's Contingency, if applicable,
as defined in this Section 10; and
3) For purposes of this . Agreement,
"Contingency" means the amount set forth in
the GMP, which amount shall not constitute
more than fifteen percent (15%) of the GMP
and which amount is available for Design -
Builder's exclusive use for costs that are
incurred in performing the Work that are not
included in a specific line item or which
would be the basis for a Change Order under
the Contract Documents. By way of example,
and not as a limitation, such costs include
trade buy-out differentials, overtime, and
acceleration. The Contingency is not
available to Owner for any reason, including
changes in scope or any other item which
would enable Design -Builder to increase the
GMP under the Contract Documents. In no
event shall the Contingency be used by
Design -Builder to pay for Non -Reimbursable
Costs, as defined in Section 9.D. Design -
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Builder shall provide Owner with notice of all
anticipated charges against the Contingency
and any Contingency amount remaining
unused upon Final Payment shall be returned
to Owner.
b. A list of the drawings and specifications, including all
addenda, used as the basis for the GMP Proposal;
C. A list of the assumptions 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;
d. The allowable construction time upon which the proposed
GMP is based, and a schedule upon which the Scheduled
Substantial Completion Date is based;
e. A list of allowances and a statement of their basis;
f. A schedule of alternate prices;
g. A schedule of unit prices;
h. A statement of Additional Services; and
i. The time limit for acceptance of the GMP Proposal.
ii. 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, Design -
Builder shall, upon receipt of Owner's notice, make appropriate
adjustments to the GMP Proposal.
iii. Acceptance of GMP Proposal. If Owner accepts the GMP Proposal,
as may be amended by Design -Builder and Owner, Owner shall
submit the GMP Proposal to the City of Jacksonville's Competitive
Sealed Proposal Evaluation Committee (CSPEC) forapproval. Upon
obtaining approval from CSPEC, Owner and Design -Builder will
execute a Project Specific Contract Amendment in the amount of the
GMP.
iv. Failure to Accept the GMP Proposal. If Owner rejects the GMP
Proposal or fails to notify Design -Builder in writing on or before the
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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, Owner and Design -Builder shall meet and confer as to
how the Project will proceed, with Owner having the following
options:
a. 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
IO.A.iii above; or
b. Owner may abandon pursuit of a Specific Project with this
Design -Builder and terminate this Contract in accordance
with the terms herein.
11. PROCEDURE FOR PAYMENT.
A. Progress Payments.
L Design -Builder shall submit to Owner on 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 Article 6 of the Specific Conditions.
ii. Owner shall make payment within twenty-one (21) days after
Owner's receipt of each properly submitted and accurate Application
for Payment in accordance with Article 6 of the Specific Conditions,
but in each case less the total of payments previously made, and less
amounts properly withheld under Section 6.3 of the Specific
Conditions.
iii. Progress payments under this Section only will be made only upon
Owner's receipt from Design -Builder of updated schedules and
reports submitted with each invoice, as set forth in Section 2.1.2 of
the Specific Conditions.
B. Retainage on Progress Payments.
L Owner will retain ten percent (10%) of each Application for Payment;
provided, however, that when fifty percent (50%) of the Work has
been completed by Design -Builder, Owner will consider, in its sole
discretion, whether to retain any additional amounts from Design -
Builder's subsequent Applications for Payment. Owner will also
reasonably consider reducing retainage for Subcontractors completing
their work early in the Specific Project. Retainage shall not be
withheld on services or fees set forth in Section 9.0 herein and for
materials purchased by Design -Builder.
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ii. Upon Final Completion of the entire Work or, if applicable, any
portion of the Work pursuant to Section 6.6 of the Specific
Conditions, 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 one and one-half (1 %z)
times the reasonable value of all remaining or incomplete items of
Work as noted in the Certificate of Final Completion.
C. Final Payment. Design -Builder shall submit its Final Application for
Payment to Owner in accordance with Section 6.7 of the Specific Conditions. Owner shall
make payment on Design -Builder's properly submitted and accurate Final Application for
Payment within twenty-one (21) 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 Section 6.7.2 of the Specific Conditions.
D. Record Keeping and Finance Controls. 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 as provided in the Contract Documents and, specifically, Section
12.31 of the Specific Conditions. During the performance of the Work and for a period of
three (3) years after receipt of 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, vouchers, memoranda, and other data relating
to the Work, all of which Design -Builder shall preserve for a period of three (3) years after
receipt of final payment.
12. TERMINATION FOR CONVENIENCE. The parties' termination rights shall
be as set forth in the Specific Conditions, RFQ, and as set forth below:
A. Upon ten (10) days' written notice to Design -Builder, Owner may, for its
convenience and without cause, elect to terminate this Contract or any Specific Project. In
such event, Design -Builder shall cease performing Work on the Specific Project and Owner
shall pay Design -Builder for the following:
L Up to receipt of notice of termination: (i) all Work actually, timely
and faithfully rendered on all Specific Projects, including that portion
of Design -Builder's fees equal to the percentage of Work completed
and (ii) for proven and documented costs or expenses in connection
with the Work required for each Specific Project. Thereafter until the
date of termination, only for such services as are specifically
authorized in writing by Owner, and
ii. Fair compensation either by purchase or rental, at the election of
Owner, for any equipment obtained by Design -Builder and used for
the Specific Projects.
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B, If Owner terminates this Contract pursuant to Section 12.A above and
proceeds to design and construct the Specific Project through its employees, agents, or third
parties, Owner's rights to use the Work Products shall be as set forth in Section 6 hereof.
13. Contract Managers. Each party shall designate various individuals as their
respective Contract Managers for each Specific Project perfomned under this Contract, which
individual has the authority and responsibility to avoid and resolve disputes relating to this
Contract and to oversee the party's performance of its duties and obligations pursuant to the
terms of this Contract. The Contract Manager for each Specific Projectshall be designated in
the Project Specific Contract Amendment for each Project. As of the Effective Date, City's
Contract Manager is Robin Smith (Phone: 904.255.8710; Fax. 904.255.8925;
RobinSmith(tcoimet), and Design -Builder's Contract Manager is Frank Anderson
Fandcrson Racoricci.com (Phone: 904.565.9060 Ext 305, Fax: 904-565-9080)
A. Owner's Representatives.
Owner designates the individual listed below as its Senior Representative ("Owner's Senior
Representative"), which individual has the authority and responsibility
Robin Smith, P.E., Chief
Engineer and Construction Management Division
Public Works Department, City of Jacksonville
214 North Hogan Street, i0'h Floor
Jacksonville, FL 32202
Owner shall designate various individuals as its Owner's Representative t, which individual
has the authority and responsibility set forth in Section 3.4 of the Specific Conditions.
B, Design -Builder's Representatives.
Design -Builder designates the individual listed below as its Scnior Representative ("Design -
Builder's Senior Representative"), which individual has the authority and responsibility for
avoiding and resolving disputes.
Frank Anderson, Vice President of Operations
Acon Construction Co., Inc.
3653 Regent Boulevard, Suite 401
Jacksonville, FL 3222
14. NOTkC + Unless otherwise provided herein, any and all notices which are
permitted or required in this Contract shall be in writing and shall be duly delivered and given
when personally served, or the next business day after such notice is sent by overnight
delivery service by a nationally recognized courier such as Federal Express or UPS with
delivery charges paid by the sender, or three (3) business days after such notice is mailed to
the person at the address designated below. If notice is mailed, the same shall be mailed,
postage prepaid, in the United States mail by certified or registered mail — return receipt
requested. Failure to accept certified or registered mail shall be deemed a receipt thereof
within ten (10) days after the first notice of delivery of the certified or registered mail. Any
Page 13
entity may change its address as designated herein by giving notice thereof as provided herein
or such other address either party from time to time specifies in writing to the other.
If to the Owner: Robin Smith, P. E.
Engineering & Construction Management Division
Public Works Department, City of Jacksonville
214 N. Hogan Street
Jacksonville, Florida 32202
Attn: Director
With a copy to: Office of General Counsel
Government Operations and Commercial Law
Department
117 West Duval Street, Suite 480
Jacksonville, Florida 32202
Attn: Corporation Secretary
If to Design -Builder: Marianne Sypniewski, VP/Treasurer
ACON Construction Co., Inc.
3653 Regent Boulevard, Suite 401
Jacksonville, Florida 32224
With a copy to:
15. MISCELLANEOUS PROVISIONS.
A. Dates and Time Periods. Should the date for the giving of any notice, the
performance of any act, or the beginning or end of any period provided for herein fall on a
Saturday, Sunday or other legal holiday, such date shall be extended to the next succeeding
business day which is not a Saturday, Sunday or legal holiday.
B. Governing Law. This Contract shall be governed and interpreted under the
laws of the State of Florida. The venue shall be Duval County, Florida.
C. Amendments. All changes to, additions to, modifications of, or amendment
to this Contract, or any of the terms, provisions and conditions hereof, shall be binding only
when in writing and signed by the authorized officer, agent or representative of each of the
parties hereto.
D. Headings. The paragraph headings used in this Contract are for convenience
purposes only and shall not be used in the interpretation of this Contract.
E. Exhibits. All Exhibits attached hereto are incorporated herein by this
reference and made a part of this Contract.
F. Counterparts. The Contract may be executed in a number of identical
counterparts, each of which for all purposes is deemed an original, and all of which
Page 14
constitute collectively one (l) agreement, but in making proof of the Contract, it shall not be
necessary to produce or account for
G. Severability. The provisions of this Contract are severable, and if any
provision of any part hereof or the application thereof to any person or circumstance shall
ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any
reason, the remainder of this Contract and the application of such provisions or part hereof to
other persons or circumstances shall not be affected thereby.
H. Approvals. Design -Builder represents apd,warrants to Owner that Design -
Builder has full right and authority to execute and perform its obligations under the Contract,
and Design -Builder and the person(s) signing this Contract on Design -Builder's behalf represent
and warrant to Owner that such person(s) are duly authorized to execute this Contract on
Design -Builder's behalf without further consent or approval by anyone. Design -Builder shall
deliver to Owner promptly upon request all documents reasonably requested by Owner to
evidence such authority.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY — SIGNATURE PAGE FOLLOWS.
Page 15
IN WITNESS WHEREOF, the parties hereto have executed this Contract the
day and year first written above.
CITY OF JACKSONVILLE
Attest: ; Brian Hughes
4 _ �For:
Administrative Ofter
r Lonny Curry
: 0
kwoy. Authority of:
13 J es R. McCain, J ,rn ,1,� p�- gyLenny Curry U
a: 2019,02
.orporation Secretary Mayor
In compliance with the Ordinance Code of the City of Jacksonville, I do hereby cellify that
there is an unexpended, unencumbered, and unimpounded balance in the appropriation sufficient to
cvvcr the foregoing Contract, and provision has b r the payment of the monies provided
therein to be paid from the following account: {
Dire tar of Finance
CIT Contract Number: 71629
Foam Approval:
By: 4Ice
era Couns
Witness:
By: Ctu:--n�
Naine. Catherine Watson
Its: VP -Admin & Finance
ACON CONSTRUCTION COMPANY, INC.
By' - — - —
Na1ne: David Sypnlewski
Its: President
C:Wscn1Jriccaie',AppDawRv01WF1V0fwrilog I DM Itin p,0(%1114840[6-vr•rlcaq.l]U 5crviccs,5matl rlcNvc and Pas5iv0,.Pr0j4X15_71629,
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Page 16
Exhibit "A"
Special Conditions to immediately follow this page.
Specific Conditions
(Design -Build Contract)
Table of Contents
Article1: General............................................................................................................................
Article2: Design -Builder's Services and Responsibilities.............................................................
Article3: Owner's Services and Responsibilities...........................................................................
Article 4: Hazardous Conditions and Differing Site Conditions....................................................
Article5: Insurance and Bonds.......................................................................................................
Article6: Payment...........................................................................................................................
Article7: Indemnification...............................................................................................................
Article8: Time............................................................
....................................................................
Article9: Changes to the Contract Price and Time.........................................................................
Article10: Contract Adjustments and Disputes................................................................................
Article 11: Stop Work and Termination for Cause .............................
..............................................
Article12: Miscellaneous.................................................................................................................
General
1.1 Mutual Obligations
1.1.1 Owner and Design -Builder commit at all times to cooperate fully with each other, and proceed
on the basis of trust and good faith, to permit each party to realize the benefits afforded under the Contract
Documents.
1.2 Basic Definitions
1.2.1 Contractor Agreement refers to the executed agreement between Owner and Design -Builder
pursuant to a contract award issued by the City of Jacksonville's Procurement Division in accordance with the
RFQ to perform design -build services for Specific Project(s).
1.2.2 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract
Documents.
1.2.3 Design Consultant 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.
1.2.4 Hazardous Conditions are any materials, wastes, substances and chemicals deemed to be
hazardous under applicable Legal Requirements, or the handling, storage, remediation, or disposal of which
are regulated by applicable Legal Requirements.
1.2.5 Specific Conditions of Contract refer to this Specific Conditions of Contract, which shall be
incorporated into the Contract by reference and made a part thereof.
1.2.6 Legal Requirements are all applicable federal, state and local laws, codes, ordinances, rules,
regulations, orders and decrees of any government or quasi -government entity having jurisdiction over the
Projects or Sites, the practices involved in the Projects or Sites, or any Work.
1.2.7 Design Criteria Package orDCP is defined in Section 2 of the RFQ and will be developed by
Owner for each Specific Project is developed by or for Owner to describe Owner's requirements and
objectives for the Specific Project, including use, space, price, time, site and expandability requirements, as
well as submittal requirements and other requirements governing Design -Builder's performanceof the Work.
The DCP may include conceptual documents, design criteria, performance requirements and other Project -
specific technical materials and requirements.
1.2.8 Specific Project or Project is an individual assignment to be performed under the Contract.
Each project shall be authorized by a Notice to Proceed after a Project Specific Contract Amendment has
been executed by Owner and Design -Builder. Each Specific Project shall be performed under a Guaranteed
Maximum Price (GMP) and Guaranteed Completion Date as specified in the Contract amendment. Owner
shall have no liability or obligations to Design -Builder prior to Owner's issuance of a Notice to Proceed for a
Specific Project.
1.2.9 Site is the land or premises on which the Project(s) is/are located.
1.2.10 Subcontractor is any person or entity retained by Design -Builder as an independent
contractor to perform a portion of the Work required for the Projects and shall include materialmen and
suppliers.
1.2.11 Sub -Subcontractor is any person or entity retained by a Subcontractor as an independent
contractor to perform any portion of a Subcontractor's Work required for the Projects and shall include
materialmen and suppliers.
1.2.12 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.
1.2.13 Work is comprised of all Design -Builder's design, construction and other services required by
the Contract Documents, including procuring and furnishing all materials, equipment, services and labor
reasonably inferable from the Contract Documents to complete the Specific Projects. A Specific Project may
be performed individually or multiple Specific Projects may be performed aggregately by Design -Builder
1.2.14 RFQ shall mean the CDB- Request For Qualifications No. issued by Owner for
the Work.
Unless otherwise defined in these Specific Conditions, all capitalized terms contained herein shall have the
same meaning as given to them in the RFQ.
Article 2
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's Representative and shall be vested with the authority to act on behalf of
Design -Builder. Design -Builder's Representative maybe replaced only with the mutual agreement of Owner
and Design -Builder.
2.1.2 Design -Builder shall provide Owner with a monthly status report detailing the progress of the
Work for each Specific Project, 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, and (v) other Items require resolution so as not to jeopardize
Design -Builder's ability to complete the Work for the GMP and within the Contract Time(s). In addition,
Design -Builder shall provide Owner with a log of submittals,.RFI's, Change Orders, and shop drawings.
2.1.3 Design -Builder shall prepare and submit a schedule for the execution of the Work for each
Specific Project 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). 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.
2.2 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 qualified, independent
licensed Design Consultants, 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 for the Projects 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 Design Consultant.
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 Specific Project. Notwithstanding the preceding sentence, if the parties
agree upon specific performance standards for any aspect of the Work, which standards are to be set forth in
a Project Specific Contract Amendment entitled "Performance Standard Requirements," the design
professional services shall be performed to achieve such standards.
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 Specific
Project requirements. 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 ordeviations 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 approve the interim design submissions in a time that is consistent with the turnaround times set
forth in Design -Builder's 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 approve, the Construction Documents in accordance with the procedures set
forth Section 2.4.1 above. After Owner's issuance of a Notice to Proceed, 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 the purpose of 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
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; provided, however, nothing in this 2.4.4 authorizes work not expressly and in writing
agreed to by Owner pursuant to an amendment to the Contract.
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) for any Specific Projects may be adjusted to
compensate Design -Builder for the effects of any changes in the Legal Requirements enacted after the date
of Notice to Proceed 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 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 Specific 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 Construction Phase Services
2.7.1 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 Specific Projects consistent with the
Contract Documents. Owner may provide additional inspection and testing services, but Owner shall not be
obligated to provide such services.
2.7.2 Design -Builder shall perform all construction activities efficiently and with the requisite
expertise, skill and competence to satisfy the requirements of the Contract Documents. Design -Builder shall
at all times 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 and omissions in connection with such performance. Nothing in 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.
2.7.6 Design -Builder shall coordinate the activities of all Subcontractors. If Owner performs other
work on the Specific 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 Specific Project can be completed in an orderly and coordinated manner without unreasonable disruption.
2.7.6 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. 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 Specific Project or a portion of the
Specific Project for its intended use.
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. Unless otherwise required by the Contract Documents, Design -Builder's Safety Representative
shall perform periodic safety inspections of the Site and correct any conditions on the Site determined to be
unsafe from said inspection as soon as practicable.
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, 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 and, to the extent mandated by Legal Requirements, to all government or quasi -
government authorities having jurisdiction over safety-related matters involving the Specific Project or the
Work.
2.9 Design -Builder's 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. Nothing
in this warranty is intended to limit any manufacturer's warranty which provides Owner with greater warranty
rights than set forth in this Section 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 Design -Builder agrees to correct any Work that is found to not be in conformance with the
Contract Documents, including that part of the Work subject to Section 2.9 hereof, within a period of one 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, at no additional cost to Owner.
2.10.2 Design -Builder shall, within fourteen (14) 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 fourteen (14) day period, Owner, in addition to any other
remedies provided under the Contract Documents, may 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
fourteen (14) day periods identified herein shall be deemed inapplicable.
2.10.3 The one year period referenced in Section 2.10.1 above applies only to Design -Builder's
obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other
rights or remedies Owner may have regarding Design -Builder's other obligations under the Contract
Documents.
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 Design -Builder'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.
3.1.2 Owner shall provide timely reviews and approvals of interim design submissions and
Construction Documents consistent with the turnaround times set forth in Design -Builder's schedule, as
approved by Owner.
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, within ten (10) days after execution of the Contract, for Design -Builder's information
and use the following, all of which Design -Builder is entitled to rely upon in performing the Work:
3.2.1.1 To the extent available, surveys describing the property, boundaries, topography and
reference points for use during construction, including existing service and utility lines;
3.2.1.2 To the extent available, geotechnical studies describing subsurface conditions, and
other surveys describing other latent or concealed physical conditions at the Site;
3.2.1.3 Temporary and permanent easements, zoning and other requirements and
encumbrances affecting land use, or necessary to permit the proper design and construction of the Specific
Project and enable Design -Builder to perform the Work;
3.2.1.4 To the extent available, a legal description of the Site;
3.2.1.5 To the extent available, as -built and record drawings of any existing structures at the
Site; and
3.2.1.6 To the extent available, environmental studies, reports and impact statements
describing the environmental conditions, including Hazardous Conditions, in existence at the Site.
3.3 Intentionally deleted.
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.
3.5 Government Approvals and Permits
3.6.1 Design Builder shall obtain and pay for all necessary permits, approvals, licenses,
government charges and inspection fees necessary to perform and construct the Work.
3.6 Owner's Separate Contractors
3.6.1 Owner is responsible for all work performed on the Specific Project or at the Site by separate
contractors under Owner's control. Owner shall require its separate contractors to reasonably cooperate with,
and coordinate their activities so.as not to unreasonably interfere with Design -Builder in order to enable
Design -Builder to timely complete the Work consistent with the Contract Documents.
Article 4
Hazardous Conditions and Differing Site Conditions
4.1 Hazardous Conditions
4.1.1 Unless otherwise expressly provided herein or in the Contract Documents to be part of the
Work, Design -Builder is not responsible for any Hazardous Conditions encountered at the Site that are not
introduced to the Site by Design -Builder, Subcontractors or anyone for whose acts they may be liable. Upon
encountering any such 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 Specific Project or Site,
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 either to 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 Specific Project
only after Owner's expert provides it with written certification that (1) 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 Specific Project or Site.
4.1.4 Design -Builder may be entitled, in accordance with these General Conditions of Contract, to
an adjustment in its Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of
performance have been materially adversely impacted by the presence of Hazardous Conditions.
4.1.5 Notwithstanding the preceding provisions of this Section 4.1, Owner is not responsible for
Hazardous Conditions introduced to the Site by Design -Builder, Subcontractors or anyone for whose acts
they may be liable. Design -Builder and its Subcontractors shall comply with all Legal Requirements for the
handling of such Hazardous Conditions and shall bear full responsibility for such Hazardous Conditions,
including, but not limited to, payment and liability for the transportation, use and disposal of any hazardous
materials under Design -Builder's control during the performance of the Work. Disposal of hazardous materials
should only be at Owner approved facilities. Design -Builder shall provide Owner with appropriate
documentation showing proper disposal of its hazardous materials.
4.1.6 In addition to the indemnity requirements in Article 7 below, 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 Design -Builder, Subcontractors or
anyone for whose acts they may be liable or for violating any Legal Requirements for the handling of such
Hazardous Conditions,
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, 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 may be entitled to an 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.
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 three (3) 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.
Article 5
Insurance and Bonds
5.1 Design -Builder's Insurance Requirements
5.1.1 Design -Builder's Insurance Requirements shall be as set forth in the RFQ.
5.2 Bonds and Other Performance Security
5.2.1 Design -Builder's requirements as to performance and labor and material payment bonds shall
be as set forth in the RFQ.
Article
Payment
6.1 Schedule of Values
6.1.1 Within ten (10) days after receipt of Notice to Proceed for a Specific Project, Design -Builder
shall submit for Owner's review and approval a schedule of values for all of the Work (the "Schedule of
Values"). The Schedule of Values will (1) 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, provided said progress is consistent with the Schedule of Values.
6.2 Monthly Progress Payments
6.2.1 On or before the date established in the Contract, 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.
6.2.2 The Application for Payment may request payment for equipment and materials not yet
incorporated into the Specific Project, provided that (1) 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.
6.2.3 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 Specific Project, or upon
Design -Builder's receipt of payment, whichever occurs earlier.
6.3 Withholding of Payments
6.3.1 On or before the date established in the Contract, Owner shall pay Design -Builder all
amounts properly due. 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. 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 Article 10 hereof.
6.3.2 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 Contract.
6.4 Right to Stop Work
6.4.1 If Owner fails to pay Design -Builder any undisputed amount that becomes due, Design -
Builder, in addition to all other remedies provided in the Contract Documents, may stop Work pursuant to
Section 11.3 hereof.
6.5 Design -Builder's Payment Obligations
6.5.1 Design -Builder will pay Design Consultants and Subcontractors, in accordance with its
contractual obligations to such parties, all the amounts Design -Builder has received from Owner on account
of theirwork. Design -Builder will impose similar requirements on Design Consultants and Subcontractors to
pay those parties with whom they have contracted. Design -Builder will indemnify and defend Owner against
any claims for payment and mechanic's liens as set forth in Article 7 hereof.
6.6 Substantial Completion
6.6.1 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 ten (10) 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 Specific 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.
6.6.2 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 one and one-half (1'/) times the reasonable value of
all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion, upon consent
of Surety.
6.6.3 Owner, at its option, may use a portion of the Work which has been determined to be
substantially complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for
the portion of Work addressing the items set forth in Section 6.6.1 above, (ii) Design -Builder and Owner have
obtained the consent of their sureties and insurers, and to the extent applicable, the appropriate government
authorities having jurisdiction over the Specific Project, 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.
6.7 Final Payment
6.7.1 After receipt of a Final Application for Payment from Design -Builder, Owner shall make final
payment by the time required in the Contract, provided that Design -Builder has completed all of the Work in
conformance with the Contract Documents.
6.7.2 At the time of submission of its Final Application for Payment, Design -Builder shall provide
the following information:
6.7.2.1 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;
6.7.2.2 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;
6.7.2.3 consent of Design -Builder's surety to final payment;
6.7.2.4 all operating manuals, warranties and other deliverables required by the Contract
Documents; and
6.7.2.6 certificates of insurance confirming that required coverages will remain in effect
consistent with the requirements of the Contract Documents.
Article 7
Indemnification
7.1 Design Builder's General Indemnification of Owner - Design Services.
7.1.1. Design -Builder's indemnification obligations to Owner for design services shall be
as set forth in the RFQ.
7.2 Design -Builder's General Indemnification of Owner - Construction Services.
7.2.1 Design -Builder's indemnification obligations to Owner for construction services
shall be as set forth in the RFQ.
Article 8
Time
8.1 Obligation to Achieve the Contract Times
8.1.1 Design -Builder agrees that it will commence performance of the Work and achieve the
Contract Time(s) in accordance with Section 7 of the Contract.
8.2 Delays to the Work
8.2.1 If Design -Builder is delayed in the performance of the Work due to acts, omissions,
conditions, events, or circumstances beyond Its control and due to no fault of its own or those for whom
Design -Builder is responsible, the Contract Time(s) for performance shall be reasonably extended by Change
Order. By way of example, events that will entitle Design -Builder to an extension of the Contract Time(s)
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 abroad, earthquakes, adverse weather conditions not reasonably
anticipated, and other acts of God.
8.2.2 In addition to Design -Builder's right to a time extension for those events set forth in Section
8.2.1 above, Design -Builder also may be entitled, in Owner's reasonable discretion, to an appropriate
adjustment of the Contract Price as set forth in Section 10.1 below; provided, however, that the Contract Price
shall not be adjusted for those events set forth in Section 8.2.1 above that are beyond the control of both
Design -Builder and Owner, including the events of war, floods, labor disputes, earthquakes, epidemics,
adverse weather conditions not reasonably anticipated, and other acts of God.
Changes in the Project
9.1 Change Orders. The Owner, without invalidating the Contract, may order Changes in the Specific
Project within the general scope of the Contract consisting of additions, deletions or other revisions, the GMP,
and the Construction Completion Date, being adjusted accordingly. All changes in the Specific Project not
covered by an authorized contingency shall be authorized by Change Order to the Project Specific Contract
Amendment.
9.1.1 Change Order Definition - A Change Order is a written order on an approved change order
form under the authorization of the City of Jacksonville to the Design -Builder signed by the Owner issued after
the issuance of Notice to Proceed authorizing a Change In the Specific Project, the Design -Builder's fee, or
the Construction Completion date. Each adjustment in the GMP resulting from a change order shall clearly
separate the amount attributable to the Cost of the Specific Project. Execution of a Change Order by the
Design -Builder serves as a waiver and an accord and satisfaction of all issues related to the work identified in
the Change Order,
9.1.2 Acceptable Ways Of Determining Increases Or Decreases In The GMP On Change Orders -
The increase or decrease In the Guaranteed Maximum Price resulting from a change in the Specific Project
shall be determined in one or more of the following ways:
9.1.2.1 by mutual acceptance of a lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation by the Owner;
9.1.2.2 by unit prices stated In the Contract or subsequently agreed upon, if less;
9.1.2.3 by Cost of Work as defined in Section 9.1) of the Contract and a mutually acceptable
fixed or percentage fee if less than the negotiated fee; or
9.1.2.4 by the method provided in Subparagraph 9.1.3.
9.1.3 Itemized Accounting On Change Orders - If none of the methods set forth in Clause 9.1.2 is
agreed upon, the Design -Builder, provided he receives a written order signed by the Owner, shall promptly
proceed with the Work involved. The cost of such Work shall then be determined on the basis of the
reasonable expenditures and savings of those performing the Work attributed to the change. However, in the
event a Change Order is issued under these conditions, the Owner will establish an estimated cost of the
work and the Design -Builder shall not perform any work whose cost exceeds that estimate without prior
written approval by the Owner. In such case, and also under Article 9.1.2 above, the Design -Builder shall
keep and present, in such form as the Owner may prescribe, an itemized accounting together with
appropriate supporting data organized and maintained consistent with reasonable generally accepted
accounting principals and practices of the increase in the Cost of Work of the Specific Project as outlined in
Section 9.1) of the Contract. The amount of decrease in the Guaranteed Maximum Price to be allowed by the
Design -Builder to the Owner for any deletion or change which results in a net decrease in cost will be the
amount of the actual net decrease.
9.1.4 Adiustments In Unit Prices & GMP Due To Inequitable Quantity Changes - If unit prices are
stated in the contract amendment or subsequently agreed upon, and if the quantities originally contemplated
are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of
Work proposed will cause substantial inequity to the Owner or the Design -Builder, the applicable unit prices
and Guaranteed Maximum Price may be equitably adjusted.
9.1.6 Concealed Conditions - Should concealed conditions encountered in the performance of the
Work below the surface of the ground or should concealed or unknown conditions in an existing structure be
at variance with the conditions indicated by the Drawings, Specifications, or Owner furnished information or
should unknown physical conditions below the surface of the ground or should concealed or unknown
conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered
in work of the character provided for in the Contract, be encountered, the Guaranteed Maximum Price and the
Construction Completion date shall be equitably adjusted by Change Order upon a request for Change Order
in accordance with Article 9.1.
9.2 Claims For Additional Cost Or Time
All claims for additional cost or time shall be made by request for a change order submitted as
provided in this Article 9. If there is anytime delay or disruption during the Specific Project, the Substantial
Completion date shall be extended by Change Order. Design -Builder must provide a time impact analysis
justifying any request for equitable time extension.
Only delays or disruptions which are determined to extend the critical path for the schedule or
constructing the Specific Project will result in a time extension. Neither the Owner nor the Design -Builder
shall be considered to own the schedule float time.
No Owner's representative has the authority to allow or require constructive acceleration; actual
acceleration shall only be compensable upon specific written approval by the Owner after receipt of an
acceptable time impact analysis and evaluation of a recovery schedule that would reasonably justify such
action
9.3 Minor Changes In The Project
The Owner's Representative will have authority to order minor changes in the Specific Project not
involving an adjustment in the Guaranteed Maximum Price or an extension of the Construction Completion
Date and not inconsistent with the intent of the Drawings and Specifications. Such changes shall be effected
by written order. Changes shall be approved by the Owner's Representative.
9.4 Emergencies
In any emergency affecting the safety of persons or property, the Design -Builder shall act at his
discretion, to prevent threatened damage, injury or loss. Any increase in the Guaranteed Maximum Price or
extension of time claimed by the Design -Builder on account of emergency work shall be determined as
provided in this Article 9.
'Article 1U
Contract Adjustments and Disputes
10.1 Requests for Contract Adjustments and Relief
10.1.1 Settlement of Claims. In any case where Design -Builder deems that extra compensation is
due it for services or materials not clearly covered in the Contract, or not ordered in writing by the Owner as
an additional service, Design -Builder shall notify the Owner in writing within seven (7) days of the time the
request Is made, and before it begins the work on which it bases the claim. Design -Builder shall not
commence such work without prior written authorization from the Owner. If such authorization is not
previously given, or the claim is not separately and strictly accounted for, Design -Builder hereby agrees to
waive the claim for such extra compensation. However, such notice or accounting shall not in any way be
construed as proving the validity of the claim. Any dispute not otherwise settled shall be resolved by City of
Jacksonville Executive Order 98-212. Design -Builder agrees that the Owner shall not be liable for any claim
that Design -Builder fails to submit as timely notice a Request for Change Order as provided herein.
10.1.2 Exclusive Remedy of Claim. For work Design -Builder performs with its own forces, and in
addition to the adjustments provided for in Articles 8 and 9, Design -Builder's exclusive remedy for delays or
disruption in performance of the construction caused by events beyond its control, including delays claimed to
be caused by or attributable to the Owner, including claims based on breach of contract or negligence, shall
be a claim submitted in compliance with Section 10.1.1 above, for an extension of the scheduled construction
time. In the event of a change in such work, Design -Builder's claim for adjustments in the contract sum are
limited exclusively to its actual costs for such changes plus the negotiated fee percentage for the Specific
Project for overhead and profit. Design -Builder expressly agrees that the foregoing constitutes its sole and
exclusive remedies for delays or disruptions and changes in such work, and eliminate any other remedies for
claim for increase in the contract price relating to accidents, disruption or delays, changes in the work,
damages, losses or additional compensation.
10.2 Duty to Continue Performance
10.2.1 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.
Stop Work and Termination for Cause
11.1 Owner's Right to Stop Work
11.1.1 Owner may, without cause and for its convenience, order Design -Builder in writing to stop
and suspend the Work on any Specific Project. Such suspension shall not exceed ninety (90) consecutive
days or aggregate more than one -hundred twenty (120) days during the duration of the Specific Project.
11.1.2 Design -Builder is entitled to seek an 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.
11.2 Owner's Right to Perform and Terminate for Cause
11.2.1 If Design -Builder persistently fails 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, Design Consultants or 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 (each of the foregoing an "Event of Default"
or "Default"), then Owner, in addition to any other rights and remedies provided in the Contract Documents or
by law, shall have the rights set forth in Sections 11.2.2 and 11.2.3 below.
11.2.2 Upon the occurrence of an Event of Default, Owner may provide written notice to Design -
Builder that it intends to terminate the Contract 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 Contract
terminated for default by providing written notice to Design -Builder of such declaration.
11.2.3 Upon declaring the Contract terminated pursuant to Section 11.2.2 above, 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. 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 in 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, 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
reprocurement and defense of claims arising from Design -Builder's Default.
11.2.4 If Owner improperly terminates the Contract for cause, the termination for cause will be
converted to a termination for convenience in accordance with the provisions of Article 8 of the Contract.
11.3 Design -Builder's Right to Stop Work
11.3.1 Design -Builder may, in addition to any other rights afforded under the Contract Documents or
at law, stop Work for the following reason:
11.3.1.1 Owner's failure to pay undisputed amounts properly due under Design -Builder's
application for Payment within thirty (30) days after the due date.
11.3.2 Should the event set forth in Section 11.3.1 above occur, Design -Builder has the right to
provide Owner with written notice that Design -Builder will stop Work unless said 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 shall be entitled to make a
claim for adjustment to the Contract Price and Contract Time(s) to the extent it has been adversely impacted
by such stoppage.
11.4 Design -Builder's Right to Terminate for Cause
11.4.1 Design -Builder, in addition to any other rights and remedies provided in the Contract
Documents or by law, may terminate the Contract for cause for the following reasons:
11.4.1.1 The Work has been stopped for ninety (90) consecutive days, or more than one -
hundred twenty (120) days during the duration of the Specific Project, because of court order, any
government authority having jurisdiction over the Work, or orders by Owner under Section 11.1.1 hereof,
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 the events that are beyond the control of both Design -Builder and
Owner, including the events of war, floods, labor disputes, earthquakes, epidemics, adverse weather
conditions not reasonably anticipated, and other acts of God..
11.4.1.2 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 ninety (90) consecutive days, or more than one -hundred twenty (120) days during the duration of
the Specific Project, even though Owner has not ordered Design -Builder in writing to stop and suspend the
Work pursuant to Section 11.1.1 hereof.
11.4.1.3 Owner's failure to cure the problem set forth in Section 11.3.1 above after Design -
Builder has stopped the Work.
11.4.2 Upon the occurrence of an event set forth in Section 11.4.1 above, Design -Builder may
provide written notice to Owner that it intends to terminate the Contract 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
Contract 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 Contract for its
convenience under Article 8 of the Contract.
11.5 Bankruptcy of Design -Builder
11.6.1 If 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 underthe Contract Documents. Accordingly, should such
event occur:
11.6.1.1 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
11.5.1.2 The Bankrupt Party shall file an appropriate action within the bankruptcy court to
seek assumption or rejection of the Contract within sixty (60) days of the institution of the bankruptcy filing
and shall diligently prosecute such action.
If the Bankrupt Party fails to comply with its foregoing obligations, the non -Bankrupt Party
shall be entitled to request the bankruptcy court to reject the Contract, declare the Contract terminated and
pursue any other recourse available to the non -Bankrupt Party under this Article 11.
11.6.2 The rights and remedies under Section 11.5.1 above 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 of Contract.
Miscellaneous
12.1 Amendments
The Contract Documents may not be changed, altered, or amended in any way except in writing signed by a
duly authorized representative of each party.
12.2 Accuracy of Work
Design -Builder shall be responsible for the accuracy of its work, including work by any subcontractors, and
shall promptly make necessary revisions or corrections resulting from errors and omissions on the part of
Design -Builder or subcontractors without additional compensation. Acceptance of the work by the Owner
shall not relieve Design -Builder of the responsibility for subsequent corrections of any such errors and the
clarification of any ambiguities. At any time during the construction of a Specific Project provided for by the
Contract Documents or during any phase of work performed by others based on data furnished by Design -
Builder under the Contract, Design -Builder shall confer with the Owner for the purpose of interpreting the
information furnished and/or to correct any errors and/or omissions made by Design -Builder. Design -Builder
shall prepare all drawings or data to correct its errors and/or omissions without added compensation, even
though final payment may have already been received therefore. Design -Builder shall be and shall remain
liable, in accordance with applicable law, for all damages to the Owner caused by Design -Builder's breach of
contract or its negligent performance of any of the services furnished under the Contract. Design -Builder
shall not be responsible for any time delays in a Specific Project caused by circumstances beyond Design -
Builder's control.
12.3 Public Utilities and Permitting Authorities
Where privately, publicly or cooperatively owned utility companies will require re -arrangements in connection
with the proposed construction, and when certain permits will be required for construction, Design -Builder
shall make the necessary contacts and confer with the owners of such utilities regarding the requisite
revisions in their facilities, apprising the Owner of the results of all such contacts. Design -Builder shall make
no commitments with utilities or permitting authorities which are binding upon the Owner. Owner shall
conduct all negotiations with public utilities and authorities. However, Design -Builder shall participate in such
negotiations at the request of the Owner.
12.4 Independent Contractor
In the performance of the Contract, Design -Builder shall be acting in the capacity of an independent
contractor, and not as an agent, employee, partner, joint venturer or associate of the Owner. Design -Builder
shall be solely responsible for the means, methods, techniques, sequences and procedures utilized in the full
performance of the Contract.
12.5 Ethics Provision For Professional Services
Design -Builder, by affixing its signature to the Contract represents that it has reviewed the provisions of the
Jacksonville Ethics Code contained in Chapter 602, Ordinance Code, and the provisions of the Jacksonville
Purchasing Code contained in Chapter 126, Ordinance Code,
12.6 Cooperation With Counsel for the City
Design -Builder acknowledges that the Owner is represented by the Office of General Counsel. During the
term of the Contract, it may be necessary to attend meetings or participate in telephone calls or discussions
with counsel for the Owner for issues related to a Specific Project. Design -Builder may also have its counsel
at such meetings, and it is agreed by the parties that neither side will claim that a conflict exists or that
counsel may not represent its client on the basis of any such meeting, duty or conference.
12.7 Harmony
Design -Builder hereby agrees that he will exert every reasonable and diligent effort to assure that all labor
employed by Design -Builder and his Subcontractors for work on a Specific Project shall work in harmony with
and be compatible with all other labor being used by building and construction contractors now or hereafter on
the site of a project. Design -Builder further agrees that this provision will be included in all subcontracts of the
Subcontractors as well as Design -Builder's own contract; provided, however, that this provision shall not be
interpreted or enforced so as to deny or abridge, on account of membership or non -membership in any labor
union or labor organization, the right of any person to work as guaranteed by Article 1, Section 6 of the Florida
Constitution.
12.8 Apprentices
If Design -Builder employs apprentices on a project, the behavior of the Design -Builder and the Owner shall be
governed by the provisions of Chapter 446, Florida Statutes, and by applicable standards and policies
governing apprentice programs and agreements established by the Division of Labor of the State of Florida
Department of Labor and Employment Security. Design -Builder will include a provision similar to the
foregoing sentence in each subcontract.
12.9 Unauthorized Immigrants
Owner shall consider the employment by Design -Builder of unauthorized immigrants a violation of section
274A(e) of the Immigration and Nationalization Act. Such violation shall be causefor unilateral cancellation of
this contract in accordance with the termination for cause provision above.
12.10 Prompt Payment to Subcontractors and Suppliers
12.10.1 Generally. When Design -Builder receives payment from Owner for labor, services, or
materials furnished by subcontractors and suppliers hired by Design -Builder, Design -Builder shall remit
payment due (less proper retainage) to those subcontractors and suppliers within 10 calendar days after
Design -Builder's receipt of payment from Owner. Nothing herein shall prohibit Design -Builder from disputing,
pursuant to the terms hereof, all or any portion of a payment alleged to be due to its subcontractors and
suppliers. In the event of such a dispute, Design -Builder may withhold the disputed portion of any such
payment only after Design -Builder has provided notice to Owner and to the subcontractor or supplier whose
payment is in dispute, which notice shall: (i) be in writing; (Ii) state the amount in dispute; (iii) specifically
describe the actions required to cure the dispute; and (iv) be delivered to Owner and said subcontractor or
supplier within 10 calendar days after Design -Builder's receipt of payment from Owner. Design -Builder shall
pay all undisputed amounts due within the time limits imposed by this section.
12.10.2 Jacksonville Small and Emerging Business ("JSEB") Enterprise Participation.
Notwithstanding Chapter 126, Part 6 of the Jacksonville Ordinance Code (the "Code"), Design -Builder shall
pay all contracts awarded with certified JSEBs as defined therein their pro -rata share of their earned portion
of the progress payments made by Owner under the applicable contract within seven (7) business days after
Design -Builder's receipt of payment from Owner (less proper retainage). The pro -rata share shall be based
on all work completed, materials, and equipment furnished or services performed by the certified JSEB at the
time of payment. As a condition precedent to progress and final payments to Design -Builder, Design -Builder
shall provide to Owner, with its requisition for payment, documentation that sufficiently demonstrates that
Design -Builder has made proper payments to its certified JSEBs from all prior payments that Design -Builder
has received from Owner. Design -Builder shall not unreasonably withhold payments to certified JSEBs if
such payments have been made to the Design -Builder. If Design -Builder withholds payment to its certified
JSEBs, which payment has been made by Owner to Design -Builder, Design -Builder shall return said payment
to Owner. Design -Builder shall provide notice to Owner and to the certified JSEB whose payment is in
dispute, which notice shall: (i) be in writing; (ii) state the amount in dispute; (iii) specifically describe the
actions required to cure the dispute; and (iv) be delivered to Owner and said subcontractor or supplier within
five (5) calendar days after Design -Builder's receipt of payment from Owner. Design -Builder shall pay all
undisputed amounts due within the time limits imposed by this section. The failure to pay undisputed
amounts to the JSEB within 7 business days shall be a breach of contract, compensable by 1% of the
outstanding invoice being withheld by the Owner as liquidated damages. Continued failure to adhere to this
clause may be cause for termination.
12.10.3 Third Party Liability. The prompt payment requirements hereunder shall in noway create
any contractual relationship or obligation between the Owner and any subcontractor, supplier, JSEB, or any
third -party, nor create any Owner liability for Design -Builder's failure to make timely payments hereunder.
However, Design -Builder's failure to comply with the Prompt Payment requirements shall constitute a material
breach of its contractual obligations to Owner. As a result of said breach, the Owner, without waiving any
other available remedy it may have against Design -Builder, may: (i) issue joint checks; and (ii) charge Design -
Builder a 0.2% daily interest penalty or penalties specified in Chapter 126 of the Code for JSEBs and Chapter
218, Florida Statutes, for non-JSEBs, whichever is greater.
12.11 Audit Provisions
Chapter 126.109 of the Purchasing Code: A person providing capital improvements, contractual services,
supplies or professional services with a value in excess of eight thousand dollars, computed on a cumulative
basis for all the transactions during a fiscal year of the Owner, and purchased by the Owner pursuant to a
method of purchase other than by formal competitive bid, unless otherwise provided herein, shall agree and
be deemed to have agreed by virtue of doing business under contract with the Owner to allow access and
examination at all reasonable times by the Council Auditor or any duly authorized representative of the
Council Auditor to business records directly pertinent to the transaction until the expiration of three years after
final payment pursuant to the transaction. No examination shall be conducted until the Council Auditor has
made a recommendation to the Council President that the examination should or, in the alternative, should
not be conducted and until the Council President has approved the conducting of the examination.
EXHIBIT A
Form 6 - Price Sheet
NAME OF CONSULTANT ACON Construction Co., Inc.
Proposal Number CDB -0112-21, Design -Build Services for Small Active and Passive Parks
1. Flat Fee (payable upon completion of project or upon completion of listed deliverables);
To be provided on a project -by -project basis with the Project Specitio Amendment
2. If charges are based on hours worked, the hourly direct labor rates (without Fringe Benefits) are:
Principal (Partner or Senior Officer):
Project Manager (Responsible Professional):
Estimator
9aaiambospanbov QC Manager
kx*atW Superintendent
1b43=W=g0WvkxftJW Admin Assistant
Clerical
3. Other Direct Project Costs per Unit (please specify)
To be nsootiated
s-112--00—hr.
$ 110.00 hr.
$ 80.00 hr.
80.00 hr.
$ 75.00 hr.
$_L1_-00 hr.
$ 50.00 hr.
4. Estimated percentage of total fee to be performed by sub -contractors _L5_*600/6
5. Please provide any other relevant rates that may apply to this project including average direct hourly labor
rates for other categories of proposed personnel
M Design-Buitd Services Park Projects Page 128
EXHIBIT A
Form 6 — Price Sheet
NAME OF CONSULTANT VRL Architects, Inc.
Proposal Number CDB -0112-21, Design -Build Services for Small Active and Passive Parks
1. Flat Fee (payable upon completion of project or upon completion of listed deliverables):
To be provided on a project -by -project basis with the Project Specffic Amendment
2. If charges are based on hours worked, the hourly direct labor rates (without Fringe Benefits) are:
Principal (Partner or Senior Officer): $_146-00 hr.
Project Manager (Responsible Professional): $ 123.00 hr.
Registered Professional Engineer $ 108.00 hr.
RinTimolmopenbw Drafter $ 46.00 hr,
Inspector $ 123.00 hr.
Design 80.00
f�ngam+:sae mg Technician $ hr.
Clerical $ 60.00 hr.
3. Other Direct Project Costs per Unit (please specify)
As negotiated
4. Estimated percentage of total fee to be performed by sub -contractors
5. Please provide any other relevant rates that may apply to this project Including average direct hourly labor
rates for other categories of proposed personnel
RFQ Design -Build Services Park Projects Page 128
Form 6 — Price Sheet
NAME OF CONSULTANT, Hanson Professional Services Inc.
Proposal Number CDB -0112-21 COI Design -Build Parks
1. Flat Fee (payable upon completion of project or upon completion of listed deliverables):
To he_provided ona protectby nroiect h -cis with the Project Sparif3c Amendment
2. If charges are based on hours worked, the hourly direct labor rates (without Fringe Benefits) are:
Principal (Partner or Senior Officer)
Project Manager (Responsible Professional)
Registered Professional Engineer
Engineer
Inspector
Engineering Technician
Clerical
3. Other Direct Project Costs per Unit (please specify)
$ 264.09_hr.
$217.74 hr.
$• 188.17 hr.
$15Q,X_hr.
$105.66 hr.
$1tj.5„U hr.
$ 72.50 hr.
EXHIBIT A
4. Estimated percentage of total fee to be performed by sub -contractors
5. Please provide any other relevant rates that may apply to this project including average direct hourly labor
rates for other categories of proposed personnel
RFQ Design -Build Services Park Projects
EXHIBIT A
Form 6 - Price Sheet
NAME OF CONSULTANT Haiff Associates, Inc.
Proposal Number CDB -0112-21
1. Flat Fee (payable upon completion of project or upon completion of listed deliverables):
DO NOT SUBMIT WITH YOUR PROPOSAL
2. If charges are based on hours worked, the hourly direct labor rates (without Fringe Benefits) are:
Principal (Partner or Senior Officer): $ 225.00 hr.
Project Manager (Responsible Professional): $155.00 hr.
Registered Professional wee, Landscape Architect $135.00 hr.
Senior inspector $ hr.
Inspector $ hr.
Graduate Landscape Architect $105.00 hr.
Clerical $ 55.00 hr.
3. Other Direct Project Costs per Unit (please specify)
4. Estimated percentage of total fee to be performed by sub -contractors
5. Please provide any other relevant rates that may apply to this project including average direct hourly labor
rates for other categories of proposed personnel
RFQ Design -Build Services Park Projects Page 128
EXHIBIT A
Form 6 - Price Sheet
NAME OF CONSULTANT Clary & Associates, Inc.
Proposal Number CDB -0008-16, Design Build Services for Active and Passive (Park) Projects
1. Flat Fee (payable upon completion of project or upon completion of listed deliverables):
To be provided on a project by project basis with the Project Specific Amendment
2. if charges are based on hours worked, the hourly direct labor rates (without Fringe Benefits) are:
Principal (Partner or Senior Officer):
Project Manager (Responsible Professional):
Registered Professional Engineer
Senior Inspector
Inspector
Engineering Technician
Clerical
3. Other Direct Project Costs per Unit (please specify)
3 Man Field Crew $155.00/hour
Cadd Technician $95.00/hour
$190.00 hr.
$165.00 hr.
$ hr.
$ hr.
$ hr.
$—fir.
$_110 --hr.
4. Estimated percentage of total fee to be performed by sub -contractors Seo
S. Please provide any other relevant rates that may apply to this project Including average direct hourly labor
rates for other categories of proposed personnel
AVQ Design -Build Services Park Projects Page 128
EXHIBIT A
Form b — Price Sheet
NAME OF CONSULTANT CSI Geo, Inc.
Proposal Number CDB -0112-21 COJ Design -Build Parks
1. Flat Fee (payable upon completion of project or upon completion of listed deliverables):
To be provided on a project by project basis with the Project Specific Amendment
2. if charges are based on hours worked, the hourly direct labor rates (without Fringe Benefits) are:
Principal (Partner or Senior Officer): $ 230.00 hr.
Project Manager (Responsible Professional): $ 230.00 hr.
Registered Professional Engineer $ 185.00 hr.
Senior Inspector $ NIA hr.
Inspector $ NIA hr.
Engineering Technician $_N.00 hr.
Clerical $ 56.00 hr.
3. Other Direct Project Costs per Unit (please specify)
Engineer $159.00
Staff Engineer $ 120.00
CADD Technician $ 112.00
4. Estimated percentage of total fee to be performed by sub -contractors
S. Please provide any other relevant rates that may apply to this project including average direct hourly labor
rates for other categories of proposed personnel
Please See Attached
RFQ Design -Build Services Park Projects Page 128
EXHIBIT A
Form 6 - Price Sheet
NAME OF CONSULTANT SES EnerU Services LLC
Proposal Number COI Design Build Parks
1. Flat Fee (payable upon completion of project or upon completion of listed deliverables):
To be provided on project by project basis with the Project Specific Amendment
2. If charges are based on hours worked, the hourly direct labor rates (without Fringe Benefits) are:
Principal (Partner or Senior Officer): $261AZ hr.
Project Manager (Responsible Professional): $ 257.47 hr.
Sr. Environmental Scientist l $191.2 ,,,hr.
Environmental Scientist I
$_ 145.54 hr.
Environmental Scientist 11
$ LVAS—hr.
Environmental Specialist
$122.85—hr.
Environmental Technician
$ 84.98 hr.
GIS / CADD
$ 98.66 hr.
3. Other Direct Project Costs per Unit (please specify)
4. Estimated percentage of total fee to be performed by sub -contractors
5. Please provide any other relevant rates that may apply to this project including average direct hourly labor
rates for other categories of proposed personnel
RFQ Design -Build Services Park Projects Page 128
JSER FORM l
CITY OF JACKSONVILLE SMALL & EMERGING BUSINESS PROGRAM
KI9R.V&lE_Ur1 3SE13 §_V ffl11EFJ CONSELTAKTI-S RCONTRA,CTOR
NAME OF RWDER
ACON Construction Co., Inc.
PROJECT TITLE
Design Bulld Services for Small Active and
Passive Parks Design
-Build Projects
BID NUMBER
C013-0112-21 TOTAL
BASE BID AMOUNT
TBD
NAME OF SUR
Federal I.D. NO, JSEB
TYPE OF WORK
*TOTAL
FIRM
(W N)
TO BE
CONTRACT
PERFORMED
VALUE
A Plus Construction
20-2825963 Y
See LOI
TBD
DJD Consultants
47-3442835 Y
See LOI
TBD
Holman
06-1684870 y
See LOI
TBD
The undersigned acknowledges and agrees that, if any of die above -listed JSEBs are not, for any reason, properly certified with the
City, in accordance with Ordinance 2004-602. at the time of bid opening, the same will not be counted toward meeting the
pailicipation perCCUlagc goal m defined llereirl.
The undersigned will enter into a formal Agreement with the )SEB Suppliers/Consul tan is, Subconiractors idenlified herein for work
listed in this schedule, as well as any applicable alternates, conditioned upon execution of a contract with the City oriacksonville.
Under penalties of perjury I declare that I have read the foregoing conditions and instructions and the facts are true to the bast or my
knowledge and beliefs.
5ignatttre:---� Title; President pate, 6-23-2021
zitgnanire of t nMC t-on7
[Tint Naine: David Sypniewski
" For solicitations that are not project specific, such as: mise. services, design build, ctc.; "THD" will initially bcacceptcd with the
bid submittal on Foon l and the Lellers of Intent. For solicitations that are project specific you will be required to provide a dollar
amount or percentage on Form I and oil all I-ellers of Intent, "TBP" will not be accepted.
Attach additional list of uhcontractarslsub-tonriultar#fs as needed
Page 56 Bid# CDB -0112.21
Exhibit "B"
Project Specific Contract Amendment Form
[INSERT NUMBER] AMENDMENT TO
DESIGN -BUILD CONTRACT
THIS AMENDMENT TO DESIGN -BUILD CONTRACT ("Amendment") is entered
into and effective the day of , 20 between the CITY OF JACKSONVILLE, a
consolidated municipal corporation and political subdivision existing under the laws of the State of
Florida (the "Owner"), and ( "Design -Builder").
BACKGROUND FACTS
A. Owner and Design -Builder entered into that certain Design -Build Contract dated _
for Design -Builder to perform the Services as more particularly described in
CDB -0006-16 Request For Qualifications issued by Owner (the "Contract'); and
B. Owner and Design -Builder desire to amend the Contract to incorporate the
Specific Project terms negotiated by the parties as set forth herein.
NOW, THEREFORE, in mutual consideration of the provisions contained herein, the receipt and
sufficiency of which are hereby acknowledged, the parties hereby agree to amend the Contract as
follows:
I . Background Facts. The Background Facts as set forth above are agreed to be true
and correct and incorporated herein by this reference.
2. Capitalized Terms. Unless otherwise defined herein, all capitalized terms shall have
the meanings given to them in the Contract.
3. Specific Project Description. The purposes of this Amendment, the Specific Project
Work is described more particularly on Exhibit A attached hereto.
4. Amendment to Section 9.A of the Contract. Section 9.A of the Agreement is
amended to increase the Maximum Indebtedness under the Contract, and as amended, shall read as
follows:
A. Maximum Indebtedness.
Owner's maximum indebtedness under the Contract is an amount not to
exceed ($ .00)("Maximum
Indebtedness). The Maximum Indebtedness amount shall be increased via a
Project Specific Contract Amendment.
5. Scheduled Substantial Completion Date. In accordance with Section 7.13 of the
Contract, the Scheduled Substantial Completion Date for the Specific Project as agreed upon by the
parties is ( ) days following the date of Owner's issuance of the Notice to Proceed
for the Specific Project.
6. Guaranteed Maximum Price. In accordance with Section 10 of the Contract, the
Guaranteed Maximum Price for the Specific Project as agreed upon by the parties is $
7. Guaranteed Completion Date. In accordance with Section 7.13 of the Contract, the
Guaranteed Completion Date for the Specific Project as agreed upon by the parties is ( )
days following the Scheduled Substantial Completion Date for the Specific Project,
8. Liquidated Damages. In accordance with Section 7.1) of the Contract, the liquidated
damages for each day that Substantial Completion extends beyond the LD Date for the Specific
Project as agreed upon by the parties is $
9. Designated Representatives. In accordance with Section 13 of the Contract,
Owner's Representative for the Specific Project shall be (insert name, address, and phone/fax
number):
In accordance with Section 13 of the Contract, Design -Builder's Representative for the Specific
Project shall be (insert name, address, and phone/fax number):
10. Authority . Design -Builder represents and warrants to Owner that Design -Builder has
full right and authority to execute and perform its obligations under the Contract as amended by this
Amendment, and Design -Builder and the person(s) signing this Amendment on Design -Builder's behalf
represent and warrant to Owner that such person(s) are duly authorized to execute this Amendment on
Design -Builder's behalf without further consent or approval by anyone. Design -Builder shall deliver to
Owner promptly upon request all documents reasonably requested by Owner to evidence such
authority.
11. Effectiveness; Ratification of the Agreement. The Effective Date shall be the latter
date that either Owner or Design -Builder executes this Amendment. The provisions of the Contract
shall remain in full force and effect except as expressly provided in this Amendment.
12. Entire Agreement. This Amendment is the entire agreement of the parties
regarding the modifications to the Contract provided herein, and supersedes all prior agreements and
understandings regarding such subject matter, and may be modified only by a writing executed by
the party against whom the modification is sought to be enforced, and shall bind and benefit the
parties and their respective successor, legal representatives and assigns.
13. Counterpart Execution. This Amendment may be executed in a number of identical
counterparts, each of which for all purposes is deemed an original, and all of which constitute
collectively one (1) agreement, but in making proof of this Amendment, it shall not be necessary to
produce or account for more than one such counterpart.
[The remainder of this page was intentionally left blank by the parties.]
EXIBIT A — SPECIFIC PROJECT DESCRIPTION/WORK
IN WITNESS WHEREOF, the pasties hereto have executed this AJnendment the day and year
first written above,
FOR OWNER:
CITY OF JACKSONVILLE, a consolidated
municipal corporation and political
subdivision existing under the laws of the
State of Florida
Attest:
By: By-,�
James R. McCain, Jr. Lenny Curry
Co►poration Secretary Mayor
In compliance with the Ordinance Code of the Owner of Jacksonville, I do hereby certify
that there is an unexpended, unencumbered, and unimpounded balance in the appropriation sufficient
to cover the foregoing Contract, and provision has bccn made for the payment of the monies
provided therein to be paid from the following account:
Norm Approval;
By:..
Office of General Counsel
Director of Finance
CITY Contract Number:
FOR DESIGN -BUILDER:
ACON Construction Co., Inc.
Attest:
By:� --- By:
Corporate Secretary- DavJ YPnlewskl Name: David Sypnlewskl
{ its: President
As Witnessed: - -�
By: [ —
Catherine Watson
Contract Purchase Agreement POA -71629-22
Sold To City of Jacksonville
117 West Duval Street
POA -71629.22
14 -FEB -2022
0
s 000 000.00 us0
CD13-0112.21
/V
Su ppl CON Construction Co., Inc.
agent RQUIeV8rr1 Sults 401
Suite 376 1A0KqWILWR, FL 32224
JACKSONVILLE, FL 32202
US
Notes Pricing In accordance with CDB -0112-21 RF'O (IlActive and Passive Parks
Design-Bulld Projects
70905 Not 30 Freight Prepa FOB Destination Beat Way
Bryan Matus
bmatus(JcoJ.net
0
This Order is subject to the General conditions attached here to, Approved by Gregory Pease, Chief Procurement Division
Manufacturer's f=ederal ex01e0 tax exempt no 59.89-0120K
Florida State sales and use tax exemption no. 85-8012621607C-8 �a'wJ 4'
SUBJECT: RFA FOR SMALL ACTIVE AND PASSIVE PARKS DESIGN,BUILD PROJECTS
BID N CDB -0112.21 OPEN DATE: 2021-06.29
COMPETIT'I'VE SEALED PROPOSAL EVALUACIO CO MITTEE
KIND AND BASIS OF CONTRACT: CONSTRUCTION - DESIGN!. UILD- P13E.QUALIFICAMNS
AGENCY. ue LC-WQ.RKS
BASIS OF AWARD: EVA, 4UATION g&TERIA
NUMBER OF BIDS INVITED: T NUMBER RECEIVED: g OTHER: p
SUMMARY OF BIDS AND RECOMMENDED ACTIONS:
The City had previously issued this RFQ and the evaluation committee has evaluated proposals Subsequently, presenlallons Were
conducted and evaluated on November 4, 2027, Based upon the combination of proposal and presentallon evaluations, scores and
rankings are as follows (Listed In alphabellcal order):
1) Accn Cgnstrucllon Co., Inc. —111.00
2) Aslra Construction Services, LLC —109,50
3) Baker Consulting and Engineering. LLC, dVa Baker Design Build— 106,00
Recommend approval of award to Acon Consinrction Co., Inc„ as receiving the highest scare in accordance with the evaluation and
ranking above. Period of Service will be five (5) years from effective date of contract with funding not -lo -exceed $8,000.000.00
annually with carryover for any unused portion. Tn be executed by formal contract through Office of General Counsel.
ATTACHMENTS: Recommendation Memo, Scoring Matrix, Section 2.6, Allachment B• Evaluation Criteria, JSEIR Memo, Previous Award
Mo
ANALYST'
: RESPECTFULLY SUBMITTED:
RY N MATIJS GREG Y r= 5H, CHIEF
PROC R ENT DIVISION
CONCURRENCE BY: Rabin G- Smith- P -I;-- Chlnf Fnntnaarinn atrH ..., ,.,,�...
(ALL AWARD ACTIONS SUHJ6CY TO LAWFULLY APPROPRIATES FUNDS)
ACTION OF CSPEC COMMITTEE ON RECOMMENDATIONS ABOVE:
M ERS OVING + --_- QATE:-
OTHER a
ACTION OF AWARDING AUT !`I RITY DATE 4,2
APPROVED_C
DISAPPROVED:
OTHER:
SIGNATURE OF AUTHENTICATION
Brian mtIgtres
ehie mistratrve Officer
For Mayor Lenny Curry
E'xeculive Order NO 2019.02