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BRIDGE REPAIR PROJECT - 20-0027-ENCity of Clearwater Bridges Repair Guaranteed Maximum Price September 24, 2021 City of Clearwater Bridges Guaranteed Maximum Price (GMP) Proposal 9/24/202I TABLE OF CONTENTS ❖ Article 1 —Guaranteed Maximum Price (GMP) Proposal ❖ Project Summary ❖ Exhibit A - Enumeration of Contract Documents ❖ Exhibit B - Allowance Items ❖ Exhibit C - Assumptions and Clarifications ❖ Exhibit D- Guaranteed Maximum Price Breakdown ❖ Exhibit E - Construction Schedule 1 LU BIL MORE City of Clearwater Bridges Guaranteed Maximum Price (GMP) Proposal 9124/2021 September 24, 2021 TO: Ivan Dimitrov, E.I. City of Clearwater — Engineering Department 100 S. Myrtle Ave., Suite 200 Clearwater, FL 33756 RE: City of Clearwater Bridge Repair and CITY OF CLEARWATER ENGINEERING DEPARTMENT PROJECT NUMBER 20 -0027 -EN As requested, enclosed is the proposal for construction/demolition of the City of Clearwater Bridge Repair submitted in accordance with technical specs/plans/clarifications of the scope of work for a Guaranteed Maximum Price of 53,900.259.00. Project Duration shall be 395 calendar days from the date of the Notice to Proceed. ARTICLE 1- Guaranteed Maximum Price (GMP) Proposal Biltmore Construction Co., Inc. proposes to complete the work, as described herein, for the Guaranteed Maximum Price (GMP) and preconstruction services of: Three Million Nine Hundred Thousand Two Hundred and Fifty Nine $3,900.259.00 This Price is for the performance of the Work as described herein and in accordance with the Contract Documents and Exhibits A through E. This Guaranteed Maximum Price (GMP) proposal must be accepted in writing by the City of Clearwater on or before 10/31/21. After said date, this Guaranteed Maximum Price (GMP) proposal shall be null and void, absent the express written acceptance by Biltmore Construction Co., Inc. By acceptance of the GMP and issuance of a Contract Amendment, City of Clearwater hereby incorporates the GMP into the construction manager at risk agreement RFQ #40-20 services for continuing contracts dated August 21, 2020 between City of Clearwater and Biltmore Construction Co., Inc. 2 BILTMORE City of Clearv.ater Bridges Guaranteed Maximum Price ((iMP) Proposal 9124/2021 Project Summary The intent of this project is to repair and make safe existing bridges at fourteen (14) locations throughout the City of Clearwater and one (1) seawall. The construction documents call for spalling repair, repair of cracks in concrete, coating concrete surfaces, covering existing graffiti, painting previously painted surfaces, sounding and surveying concrete and asphalt, clearing vegetation, removal, and replacement of asphalt topping, guardrail repair, and replacing missing reflector. EXHIBIT A — Enumeration of Contract Documents Contract Documents include: the Drawings, Specifications, Addenda (Construction Documents), the Agreement, General Conditions, Supplementary Conditions as expressly noted herein, and this Exhibit A, as well as the Guaranteed Maximum Price (GMP) Proposal in its entirety. This GMP Proposal is expressly recognized as a Contract Document inasmuch as it forms the basis upon which the Guaranteed Maximum Price is based. As such, in the event there is any disagreement, conflict, or ambiguity between the GMP Proposal and any other Contract Document, the GMP Proposal shall govern. The City of Clearwater's issuance of any Notice to Proceed, Purchase Order, or any other written directive or instructions to proceed with the Work, after this signed GMP Proposal has been delivered by Biltmore to the City of Clearwater, shall constitute an express acceptance of the foregoing Enumeration of Contract Documents and the enforceability thereof. See Attached 3 BILTMORE CBCONSTRUCTION CO.. INC. Biltmore Construction Co. Inc. BILTMORE Area 01 Windward Passage East Bridge - Current Drawings Printed on Fri Sep 10. 2021 at 11 54 am EDT Job 4: 1-4042 Clearwater Bridges various locations Clearwater, Florida 7275737757 51.0 Corer sheet 0 04/30/2021 05/03/2021 Cr:mm.413on Set 104+30011 52.0 General Structural Notes and Existing Sae Plan 0 04,30/2021 05:03/2071 Construction Set (04/30/21) 52.1 BRIDGE PIAN 0 04/300021 05/03/2021 Co,•.structwn 5e:104/30/211 52.2 SECT/Ut, 0 04/300021 05/03/2021 Corstruct,on Set 104/30,21) 53.0 Concrete Repan Details 0 34/30/2021 05/03/2021 Construction Set 104+30/211 53.1 Repair Details 0 04/30/2021 00/03/2021 Construction Set 104:30/211 ®CONSTRUCTION CO.. INC. Biltmore Construction Co. Inc. BILTMORE Area 02 Windward Passage Middle Bridge - Construction Set (04/30/21) Printed on RI Sep 10. 2021 at 11:56 am EDT Job C. 1-4042 Clearwater Bridges various locations Clearwater. Florida 7275737757 51.0 COVER SHEET 0 04/30/2021 05/03/2021 Construction Set 104(30r211 52.0 GENERAL STRUCTURAL NOTES 0 04/3012021 05/03/2021 Construction Ser (04/301211 52.1 BRIDGE PLAN 0 04/30/2021 05/03/2021 Construction Set (04(30(21/ 52.2 SECTION 0 04:30/2021 05/03/2021 Construction Set (04/30/21) 53.0 Concrete Repair Details 0 04/30/2021 05103,2021 Construction Set t04/30/21) 53.1 REPAIR DETAILS 0 04/302021 05/03/2021 Construction Set (04/30:211 13.2 REPAIR DETAILS 0 04/3012021 05/03/2021 Cont/ ctiOn Set /04130/21) III CONSTRUCTION CO.. INC. Biltmore Construction Co. Inc. BILTMORE Area 03 Windward Passage West Bridge - Current Drawings Printed on Fe Sep 10. 2021 at 11:57 am EDT Job 4: 1-4042 Clearwater Bridges various locations Clearwater. Florida 7275737757 51.0 Cover Street 0 04/30/2021 05/01/2021 Corstruttron Set 104/30.211 52.0 GENERAL STRUCTURAL. NOTES 0 34/30/2021 05/0300// Construction Set 104/30,211 52.1 BRIDGE PIAN 0 34/302021 05/03/2021 Consttu0t.n Set 104/301211 52.1 Sectwn 0 04/30/2021 05.'03/2021 Constructo, Set 104130121/ 53.0 Concrete Repan Details 0 34/30/2021 05,/03/2021 Constructor Set (04/30/211 53.1 Rep./ Details 0 34/30/2021 05/032021 Constructor Set (04/30/213 IIICONSTRUCTION CO.. INC. Biltmore Construction Co. Inc. BILTMORE Area 04 Fairwood Avenue Over Alligator Cr* - Current Drawings Printed on Fri Sep 10, 2021 at 11.50 am EDT Job 4: 1-4042 Clearwater Bridges various locations Clearwater. Ronda 7275737757 51.0 Cover Sheet 0 04/30/2021 05/03/2021 Construction Set 104/30/211 52.0 GENERAL STRUCTURAL NOTES 0 04/30/2021 05/03/2021 Construction Ser 104/30;21) 57.1 BRIDGE MAN 0 04130/2021 05/03/2021 Construct., Set 104130121) 52.2 Section 0 04/30/2021 05/03/2021 Construct., Set (04/30/21) 53.0 Concrete Repair Details 0 04/302321 05/03/2021 Constr,.ction Set (04/30/21) 53.1 Repair Detads 0 04/302021 05103,2021 Constntt.n Set (04/3021) 53.2 Repair Details 0 04/302021 051032021 Construction Set (04/30/21) GICONSTRUCTION CO.. INC. Biltrnore Construction Co. Inc. BILTMORE Area 05 Beverly Circle Over Allen Creek - Current Drawings Pnnted on Fr Sep 10, 2021 at 11:59 am EDT Job #: 1-4042 Clearwater Bridges various locations Clearwater, Florida 7275737757 51.0 Cover Sheet 0 04(30/2021 05/032021 Cunstruawn Set 104/30/21) 52.0 GENERAL STRUCTURAL NOTES 0 04/302021 05/03/2021 Construction Set 104/30/21) 52.1 BRIDGE PLAN 0 04/30/2021 05)03/2021 Construction Set (04)30)211 52.2 Section 0 04,30/2021 CS/032021 Construction Set 104/30/21) 53.0 Concrete Repan Details 0 04/30/2021 05/03/3021 Construction Set :04/3021) 53.1 Repair Details 0 04(30/2021 05/03/2021 Constnxiion Set 104/30/21) 53.2 REPAIR DETAILS 0 04/30/2021 05;032021 Congruence Set; 04/30/21) 1111BILTMORE Biltmore Construction Co. Inc. Area 06 Memorial Causeway Wail Pedestrian - Current Drawings Printed on Fri Sep 10. 2021 at 12:00 pm EDT Job x. 1-4042 Clearwater Bridges various locations Clearwater, Florida 7275737757 S'u�, irnl 11.0 Corer Sheet 0 04/30/2021 0540312021 Construction Set (04/30:21) S2.0 GENERAL STRUCTURA) NOTES 0 04130/2021 05103/2021 Constru10on Set (04,30/21) 52.1 BRIDGE PLAN 0 0/30/2021 05(032021 Construct.on Set 104/30/211 52.2 sector, 0 04/30/2021 05(032021 Construction Set 10/30/21/ 53.0 Concrete Repan Details 0 04/302021 C5(032021 Construction Set (04/30/21) 53.1 Repa.r Details 0 04/302021 05/03/2021 Constructor, Set (04/30121) EDCONSTRUCTION CO., INC. Biltmore Construction Co. Inc. BILTMORE Area 07 Memorial Causeway Wail Bridge - Current Drawings Printed on Fri Sep 10. 2021 at 12:02 pm EDT Job *: 1-4042 Clearwater Bridges various locations Clearwater. Florida 7275737757 51.0 Covet Sheet 0 0925/2020 05/03/2022 Construction Set 104/30.21/ 52.0 GENERAL STRUCTURAL NOTES 0 09/252720 05/03/2021 Construction Set 104/50/21) 52.1 Partial Wan 0 09/252020 05/01:2021 C0nstr,tion Set (04/30/211 52.2 Seawall Elevations 0 0925)2020 05/03/7021 Construction Set 104/30/21) 52.3 Detals 0 09/25/2020 05/03/2021 Construction Set /04/3021) 53.0 Concrete Repair Details 0 0925/2020 05/032021 Construction Set 104/3081) 53.1 Repair Details 0 09/25/2020 05/03/2021 Construction Set 104/30/21) Ell CONSTRUCTION CO.. INC. Biltmore Construction Co. Inc. BILTMORE Area 08 Douglas Avenue over Stevenson Creek - Current Drawings Printed on Fri Sep 10. 2021 at 12:03 pm EDT Job #: 1-4042 Clearwater Bridges various locations Clearwater. Florida 7275737757 SIA Cover Sheet 0 05/11/2021 06/10/2021 Construction Set (04/301211 52.0 GENERAL STRUCTURAL NOTES 0 05/11/2021 16/10/2021 Construction Ser (04130/211 52.1 Bridge Ran 0 05/110071 06/10/7071 Construction Set 40413001/ 52.2 Section 0 05/11!2021 06/10/2021 Construction Set (04/30/21/ 53.0 Concrete Repair Details 0 05/11/2021 06/10/2021 Construction Set (04/30121) 531 Repart Details C 05/112021 06/10/2021 Construction Set, 04/30/711 EDCONSTRUCTION CO.. INC. Biltmore Construction Co. Inc. BILTMORE Area 09 Hercules Avenue over Allen Creek - Current Drawings Printed on Fn Seri 10. 2021 at 12:04 pm EDT job 4: 1-4042 Clearwater Bridges various locations Clearwater, Florida 7275737757 51.0 Cover Sheet 0 05!11/2021 06/10/2021 Construction Set 104130/211 52,0 GENERAL STRUCTURAL NOTES 0 05/11/2021 06,10/2021 Construction Set 104130/211 52.1 BRIDGE PIAN 0 05/11;2021 06;10/2021 Construct von Set (14130/211 52.2 Senton 0 05/1/12021 06/10/2021 CO'struc1,on Set t04/30221/ 510 Concrete Papa, Details 0 05/11/2021 06/10,2021 Constructron Set (04/30/21} 53.1 Repa, Details C 15/11/2021 06/10/2021 Construction Set (04130/21) 53,2 Reps, Details 0 05/11/2021 06/10/2021 Construction Set 104/30/21) BILTMO .RE CONST Biltmore Construction Co. Inc. Area 10 Clearwater Pass Bridge - Current Drawings Printed on Fri Sep 10, 2021 at 12:04 pm EDT Job #: 1-4042 Clearwater Bridges various locations Clearwater, Florida 7275737757 51.0 Cover Sheet 0 05/132021 06/10.2021 Construction Set ;04/30/21) 52.0 General Structural Notes 0 05/13/2021 061102021 Construction Set 104/30/211 52.1 Brdge %an 0 051/32021 06)11/2021 Construction Set 104/30211 52.2 Elevation 0 05/13(2021 06/10/2021 Conslructton Set; 04/30211 52.3 Section 0 05/13/2021 06/102021 Construction Set 164030/211 13.0 Concrete Repa,r Details 0 05/132021 06(10/2021 Construction Set 104;30211 53.1 Repair Details 0 05/13/2021 06/102021 Construction Set 104/3021) 53.2 Repair Details 0 05/13/2021 06/102021 Construction Set 104)30,21) 53.3 Repair Details 0 05/13/2021 06/102021 Construction Set ;04/3021) ®CONSTRUCTION CO.. INC. Biltmore Construction Co. Inc. BILTMORE Area 11 Palmetto Street over Stevenson Creek - Current Drawings Printed on Fri Sep 10. 2021 at 1205 pm EDT Job #: 1-4042 Clearwater Bridges various locations Clearwater, Florida 7275737757 11.0 Cover Sheet 0 05/11/2021 06/10/2021 Constructwn Set 104/30/211 S2.0 GENERAL STRUCTURAL NOTES 0 05/11/2021 06/10/2021 Consvuct,on Set 104/30/21) 52.1 BRIDGE PIAN 0 05/11/2021 06/1072011 Constructor Set 104/30/211 521 Section 0 05/11/2021 06/10/2021 Consnucuon Set 104(30/211 53.0 Concrete Repmr Details 0 05/11/2021 06/10/2021 Construction Set 104130/21 1 53.1 Repan Details 0 05/11/2021 06/10/2021 Construction Set 104130/211 ®CONSTRUCTION CO.. INC. Biltmore Construction Co. Inc. BILTMORE Area 12 Rainbow Drive over Allen Creek - Current Drawings Printed on Fri Sep 10. 2021 at 12:06 pni EDT Job 3t: 1-4042 Clearwater Bridges various locations Clearwater. Florida 7275737757 51.D Cover Sheet 0 04/302021 06/10/2021 Construction Set (04/30/211 52.D GENERAL STRUCTURAL NOTES 0 04/30/2021 06/10/2021 Construction Set (04/30,21/ 52.1 0111DGE PIAN 0 04/30/2021 D6/10/2021 Construction Set. (04/31/21) 52.2 Section D 04/30/2021 06/100021 Construction Set (04/30011 S3.0 Concrete Repan Details 0 04/31/0021 06/10(2021 Construction Set (04/30/21) 53.1 Repair Details 0 04/30/2021 06/100021 Construct on Set (04/30/211 53.2 Repair Details 0 04/30/2021 06110/2021 Construction Set 134/30/21) IllCONSTRUCTION CO., INC. Biltmore Construction Co. Inc. BILTMORE Area 13 Hillcrest Avenue over Stevenson Creek - Current Drawings Printed on En Sep 10, 2021 at 12:06 pm EDT Job tr: 1-4042 Clearwater Bridges various locations Clearwater. Florida 7275737757 01.0 Cover Sheet 0 04/30/2021 06/10/2021 Construction Set (04/30/211 52.0 GENERAL STRUCTURAL NOTES 0 04/30/2021 06/10/2021 Construction Set 104/30/211 52.1 BRIDGE PLAN 0 04/30/2021 06/10/2021 Construction Set ;04/301; 1, 52.2 Semon 0 04/30/2021 06 102021 Construction Set ;04/30/211 03.0 Conctete RePan Details 0 04;30)2021 06/10/2021 Construction Set (04/30/21) 53.1 Repair Details 0 04/3012021 06/10/2021 Construction Set 104/30/211 ® CONSTRUCTION CO., INC. Biltmore Construction Co. Inc. BILTMORE Area 14 Druid Road over Stevenson Creek - Current Drawings Printed on Fri Sep 10. 2021 at 12:07 pm EDT Job #: 1.4042 Clearwater Bridges various locations Clearwater, Florida 7275737757 51.0 Cover Sheet 0 04/30/2021 06/10/2021 Construction Set (04/30/21) 52.0 GENERAL STRUCTURAL NOTES 0 04/30/2021 06/10/2021 Construction Set (04/30121) 52.1 BRIDGE PUN 0 0400/2021 06/10/2021 Construction Ser 104/301211 52.2 Seaton 0 04130/2021 06/102021 Construction Set 104/30/21) 53.0 Concrete Repa+r Details 0 04/302021 06/1012021 Construction Set (04/30121) 53.1 Repair Details 0 04130/2021 06/10/2021 Construction Set (04/30/221 53.2 Repair Details 0 04/30/2021 06/10/2021 Construction Set 104/30/211 BILTMORE CONSTRUCTION CO., INC. Biltrnore Construction Co. Inc. Area 15 Lakeview Road near MLK - Current Drawings Printed on Fn Sep 10. 2021 at 12.08 pm EDT Job u:1-4042 Clearwater Bridges various locations Clearwater, Florida 7275737757 51.0 Cover Sheet 0 0430/2021 06/10/2021 Construmon Set (04/307211 S2.0 GENERAL STRUCTURAL NOTES 0 04/30/2021 061102021 Construct 'on Set (04/3021/ 52.1 BRIDGE PLAN C 04/30(2021 06/1072021 Cor,stiiucten Set 104130/21/ 52.2 SECTION 0 04/302021 0610/2021 Constructer, Set 104/30/21/ 53.0 Concrete Repa•r Details 0 0430/2021 16,10/2021 Construct:on Set; 0430/21) 53.1 Repeat' Details 0 0430/2021 06/10/2021 Constn¢ti00 Set iO4/30121) 53.2 Repair Details 0 04/30/2021 06110/2/321 Constructon Set 10430211 1 i 9/24/2021 1:37 PM 1 of 1 BCC # 4042 Clearwater Bridge Repair Biller Reinhart Project 20-210 Issue Date Specifications and Reports Area Description 4/30/2021 Project Manual Fairwood Avenue Over Alligator Creek 1/10/2019 Bridge Inspection Report Fairwood Avenue Over Alligator Creek 4/13/2021 Project Manual Windward Passage West Bridge 4/30/2021 Project Manual Windward Passage Middle Bridge 4/30/2021 Project Manual Windward Passage East Bridge 4/30/2021 Project Manual Beverly Circle over Allen's Creek 4/30/2021 Project Manual Memorial Causeway Trail Oct -20 Project Manual Memorial Causeway Pedestrian Trail Sea Wall 5/27/2021 Project Manual Douglas Ave over Stevenson Creek 1/22/2019 Bridge Inspection Report Douglas Ave over Stevenson Creek 5/27/2021 Project Manual Hercules Ave over Allen Creek 1/22/2019 Bridge Inspection Report Hercules Ave over Allen Creek 5/28/2021 Project Manual Clearwater Pass Bridge 1/30/2019 Bridge Inspection Report Clearwater Pass Bridge 5/27/2020 Project Manual Palmetto St over Stevenson Creek 1/22/2019 Bridge Inspection Report Palmetto St over Stevenson Creek 5/28/2021 Project Manual Rainbow Drive over Allen Creek 5/28/2021 Project Manual Hillcrest Ave over Stevenson St. 5/27/2021 Project Manual Druid Road over Stevenson Creek 5/28/2021 Project Manual Lakeview Road near MLK P:\Projects\4042 Clearwater Bridge Repair\Drawings & Specifications\Enumeration of Drawings -Project Manuals.xlsx (Ity of Clearwater Bridges Guaranteed Maximum Price (GMP) Proposal 9/24/2021 Bridge # Bridge Location Base GMP Amount (1) 155503 Douglas Ave. Over Stevenson Creek $145,647.00 (2) 155504 Hercules Ave. Over Allen Creek $65,435.00 (3) 155507 Fairwood Ave. Over Alligator Creek $91,838.00 (4) 155522 Clearwater Pass Bridge $1,664,430.00 (5) 155523 Palmetto St. Over Stevenson Creek $46,489.00 (6) NQC3CC Beverly Circle Over Allen's Creek $50,390.00 (7) NQC6CC Druid Rd. Over Stevenson Creek $109,556.00 (8) NQC2CC Hillcrest Ave. Over Stevenson's Creek $35,350.00 (9) NQC7CC Lakeview Rd. Near MLK $57,023.00 (10) NQC14CC Memorial Causeway Trail $77,957.00 (11) LQC1CC Rainbow Dr. Over Allen Creek $58,609.50 (12) 155519 Windward Passage East Bridge $43,295.00 (13) 155518 Windward Passage Middle Bridge $47,217.00 (14) 155517 Windward Passage West Bridge $40,571.00 (15) Ped Bridge Memorial Causeway Pedestrian Bridge $110,603.00 Sub Total $2,644,410.50 Signage Allowance $5,000.00 Materials Allowance $25,000.00 Buyout Savings $355,589.50 Subcontractor Direct Cost (SDC) $3,031.x•00 CM Personnel $355,600.00 General Conditions $34,900.00 Permit / Plan Review Allowance — 2.5% of the cost of the work By Owner Liability Insurance $40,000.00 Contingency 5% of $3,030,000.00 $151,500.00 Performance and Payment Bond $40,000.00 Builders Risk Insurance Allowance (See Exhibit "C") By Owner Construction Cost Budget $3,652,000.00 Construction Manager Overhead and Profit 6% of $3,652,000.00 $219,120.00 Guaranteed Maximum Price $3,871,120.00 Construction Manager Preconstruction Fees $29,139.00 Total Project Cost $3,900,259.00 4 111/ CONSTRUCTION CO., INC. BILTMORE City of Clcamater Bridges Guaranteed Maximum Price (GMP) Proposal 924(2021 EXHIBIT B — Allowance Items The Allowances noted below represent reasonably anticipated values included in this GMP Proposal to cover the cost of certain items absent or not specified in sufficient detail in the Construction Documents as listed in the ENUMERATION OF CONTRACT DOCUMENTS Section of this GMP Proposal or for which uncertainty remains. The amount of the Allowance stipulated herein is inclusive of all labor, materials, equipment taxes, delivery, insurances, bond and fees necessary to perform the anticipated work, unless otherwise noted. Allowances- Unless otherwise specifically noted, the term "Allowance" refers to the amount of money allocated to cover the cost of both materials and labor to furnish and install the specified material(s) or perform the specified work and any applicable sales tax only, overhead and profit are not included in the line item, however it is calculated within the stipulated fee. City of Clearwater understands and agrees that should the actual costs exceed the amount specified in the GMP for the Allowance, that amount will be adjusted by a timely change order. In the event the costs are lower than the allowance, an adjustment by change order will be made at the final billing for the project The ASSUMPTIONS AND CLARIFICATIONS section of this GMP Proposal may provide a more detailed description of these Allowances. DESCRIPTION OF ALLOWANCE ALLOWANCE AMOUNT Project Signage Allowance $5,000.00 Materials Testing Allowance $25,000.00 EXHIBIT C — Assumptions and Clarifications The Contract Documents are amended by Biltmore Construction Co., Inc. as follows: 1. The following are not included in the GMP Proposal: A. Removal of Asbestos Containing Material or any other hazardous or unsuitable material of any kind unless specifically noted as an item included in the Scope of Work is excluded. B. Hazardous material survey is excluded. To be provided by the City of Clearwater C. Cost for investigation of subsurface soil conditions is excluded. D. Impact Fees, permit fees, tap fees, connection charges, system charges, meter fees, or other regulatory requirements/fees are paid or waived by the City of Clearwater. E. Utility Consumption Fees. Costs to be by the City of Clearwater. F. Performance Specifications are excluded. G. Jobsite Office Facility for the Owner, Architect, Engineer or their representatives. 5 ElCONSTRUCTION CO.. INC. BILTMORE City of Clean%ater Bridges Guaranteed Maximum Price (GMP) Proposal 9/24/202 H. Costs for any electrical power service are excluded. 1. Costs related to a threshold inspector are excluded. J. Costs for FDOT requirements have not been determined and are excluded K. Builders Risk insurance is excluded, to be provided by the City of Clearwater. 2. Warranties and Guarantees: A. Biltmore Construction Co., Inc. Warranties and Guarantees Biltmore Construction Co., Inc. warrants to the City of Clearwater that the materials and workmanship furnished under this Contract will be of good quality and new unless otherwise required or permitted by the Construction/Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Construction/Contract Documents. Work not conforming to these requirements may be considered defective. Biltmore Construction Co., Inc.'s warranty excludes remedy for damage or defect caused by insufficient maintenance, improper operation, or normal wear and tear under normal usage. The term and duration of this express warranty is (13) months from the Date of Substantial Completion. The provisions herein shall not prevent the City of Clearwater from proceeding directly against the manufacturer and/or installer for such longer period of time as allowed by State Statute. B. Installer / Subcontractor Warranties and Guarantees The Subcontractor shall warrant to the City of Clearwater and to Biltmore Construction Co., Inc. that all workmanship and materials are free from defects in installation. The express warranty/guarantee shall be consistent with the durations stipulated in the Construction/Contract Documents. The period customarily being one (1) year from the Date of Substantial Completion established in the Construction/Contract Documents. In the case (s) where specified manufactures commence their warranty on a date other than the Date of Substantial Completion, the Construction Manager will furnish manufacture's warranties accordingly. These milestones included, but are not necessarily limited to, shipment date, delivery date, start-up date and/or acceptance date. Notwithstanding anything to the contrary, neither Biltmore Construction Co., Inc., nor its Surety, nor the Subcontractor shall have any joint/several liability relating to, nor shall they be obligated to underwrite, or in any way become guarantor(s) of any manufacturer's warranty/guaranty or product to the City of Clearwater. The City of Clearwater shall be provided with the "standard" manufacturers' warranty, and it shall satisfy the requirements under the Construction/Contract Documents relating thereto. C. Manufacturers' Express Warranties / Guarantees 6 QJ BILTMORE City of Clearwater Bridges Guaranteed Maximum Price (GMP) Proposal 9/24/2021 Biltmore Construction Co., Inc. shall collect and transmit to the City of Clearwater any and all standard manufacturers' warranties and standard manufacturers' guarantees specified in the Construction/Contract Documents. The obligation and liability of Biltmore Construction Co., Inc. and/or its' Surety is limited to the collection and proper transmittal of these warranties and guarantees to the Owner. D. Extended Warranties This proposal is qualified to include only those extended warranties available as standard from the manufacturers. The Contractor, installers, and applicators will not provide extended warranties or guarantees. 3. Special conditions relating to City of Clearwater purchased / Contractor installed items and associated tax exemptions: Notwithstanding any provision to the contrary, should the City of Clearwater elect to purchase items directly and avoid any sales taxes or other taxes, the City of Clearwater will defend, indemnify, and hold harmless Biltmore Construction Co., Inc. absolutely from and against any claim, audit, investigation, cost, or assertion of any kind made by, or on behalf of, the Florida Department of Revenue or other such agency that may arise during and / or subsequent to the completion of the project. Under no circumstances shall Biltmore Construction Co., Inc. or its' subcontractors be liable for the sales taxes associated with the Owner purchased items. The City of Clearwater will provide Biltmore and the vendor with an executed Certificate of Entitlement (COE). By rule, the COE must be attached to each Owner Direct Purchase Order (ODPO) and should also be attached to any / each change order issued to the ODPO (if applicable). The public Owner must issue a separate COE for EACH such purchase order/change order. 4. Builder's Risk Insurance: City of Clearwater shall purchase and maintain, until the date of Substantial Completion of this project, a standard Special Form (all "Risks of Physical Loss") Completed Value Builder's Risk insurance policy in the amount of the initial contract sum (GMP), including any subsequent modifications thereto, insuring the interests of the City of Clearwater, Biltmore Construction Co., Inc., and Subcontractors in the Work under this contract. All deductible costs related to this property insurance shall be paid by the City of Clearwater. The following items are the responsibility of the Clearwater and are not included in this GMP: a. Property insurance deductible costs. b. Property insurance coverage on existing buildings and/or contents. C. Property insurance coverage on the Work under this Contract after the date of Substantial Completion. d. Flood insurance coverage and/or risk of loss due to flood. 7 ®CONSTRUCTION CO, INC. BI 'TMORE City of Clearwater Bridges Guaranteed Maximum Price (GMPI Proposal 9/24/2021 S. Basis of this GMP Proposal relative to 100% Un -Permitted Documents and other potential design changes subsequent to the submittal of this proposal: This proposal is provided based on the final design documents unpermitted. If the Scope of Work changes or permit review requires additional changes to the work the GMP Proposal and the indicated costs are subject to change. 6. Time and Price - Impacted Materials, Labor & Equipment (Escalation/Availability of Materials): As of the date of this GMP Proposal and/or during the performance of the Work, certain markets providing materials and equipment necessary to complete the Project may experience significant industry -wide fluctuation in cost, delivery, and availability. As a result, should there be any fluctuations that materially affect the cost, delivery, and/or availability of such items, regardless if same should occur before the acceptance of the GMP Proposal, or subsequent to the acceptance, the City of Clearwater agrees to make an equitable adjustment in the Contract Time and/or Guaranteed Maximum Price as applicable. Notwithstanding any other provision to the contrary, the Contractor shall not be liable to the City of Clearwater for any expenses, losses or damages arising from a delay in delivery of a potentially time and price impacted material/equipment item not the fault of the Contractor. 7. Subcontractor Payments: Notwithstanding anything to the contrary, the City of Clearwater specifically acknowledges and agrees that the Construction Manager (Contractor) operates on a pay -when -paid basis with its' subcontractors, and nothing contained herein or elsewhere shall be interpreted to require the Construction Manager and/or its' Surety to remit any payment (including final payment) to subcontractors prior to the receipt of payment (including final) from the City of Clearwater. In cases where a vendor/distributor/manufacturer requires advance payment and/or deposit for materials/equipment; the City of Clearwater will allow the Construction Manager to bill in advance to make payment to the Subcontractor/Material Supplier for those materials/equipment. 8. It is acknowledged and agreed that, notwithstanding anything else to the contrary, the breakdown associated with the Guaranteed Maximum Price and/or the resulting Schedule of Contract Values shall in no way operate as line item guaranteed maximum prices. 9. Electronic BIM or CAD "As-Builts" are not included. Biltmore Construction will maintain "As -Built" documents on site during construction phase and provide the City of Clearwater and Billerreinhart (EOR) a copy at project completion. 10. Should the City of Clearwater elect to utilize the Direct Purchase process to save sales tax, the tax for the actual purchases will be credited to the City of Clearwater. At the end of the Project, any refund for material not purchased or surplus materials returned to the suppliers plus the applicable sales tax amount shall be credited with an additive Change Order to the Agreement with the Construction Manager and Subcontractor's Agreement. Surplus materials shall be the property of the Subcontractor and no refund or materials shall be due to the City of Clearwater. 8 El3CONSTRUCTION CO., INC. BILTMOR.E City of Clearwater Bridges Guaranteed Maximum Price (GMP► Proposal 9/24/2021 11. A Project Contingency of $151,500.00 is included. Acceptable uses of this contingency include, but are not limited to: a. Buyout of the work not previously awarded in bid packages. b. Repair of damages caused by an unknown source or contractor (not including Builders Risk claims). c. To improve and/or accelerate the progress of the work. d. To improve conditions of the work. For modifications of the work resulting from an unknown ambiguity (not an error or admission) in the contract documents e. To increase and/or supplement staff as necessary to effectively manage the project. f. To adjust the reimbursable General Conditions in excess of the budget. 12. We have included costs for Document Management and Project Management Controls Services in our General Conditions. These services will be provided via a cloud -based platform that will allow direct access to all Construction personnel, including Owners, Architects and Subcontractors. Services will include the ability to access/manage the information via mobile device via the Internet. Services included will be Plans and Specs Maintenance and distribution, RFI Control, Submittal Control, Punch list Management, Daily Reports along with other related functions inherent in the platform. The charge for these services shall be $3,750.00 and be billed as lump sum amount upon approval of GMP and issue of the Notice to Proceed. 13. We have included costs for MIS Services related to the project in our General Conditions. This includes software updates associated with Biltmore Constructions standard software provided for cost management, computer operating systems, PDF Software, word processing applications, and spreadsheet applications. This includes troubleshooting, virus Management/remediation, malware/adware management/remediation, updates, and maintenance to these systems. The charge for this service shall be $3,750.00 and shall be billed as a lump sum amount upon approval of the GMP and issuance of the Notice to Proceed. 9 BIL'IMORE CONSTRUCTION CO.. INC. City of Clearwater Bridges Guaranteed Maximum Price (GMP) Proposal 9/24/2021 EXHIBIT D -Guaranteed Maximum Price Breakdown Division Itemized Description of the Work Base GMP Amount 3 Bridge Repair (General Caulking and Coating) $3,000,000.00 10 Bridge Temporary Signage Allowance $5,000.00 1 Materials Testing Allowance $25,000.00 Subcontractor Direct Cost (SDC) $3,030,000.00 CM Personnel $355,600.00 General Conditions $34,900.00 Permit / Plan Review Allowance — 2.5% of the cost of the work By Owner Liability Insurance $40,000.00 Contingency 5% of $3,030,000.00 $151,500.00 Performance and Payment Bond $40,000.00 Builders Risk Insurance Allowance (See Exhibit "C") By Owner Construction Cost Budget $3,652,000.00 Construction Manager Overhead and Profit 6% of $3,652,000.00 $219,120.00 Guaranteed Maximum Price $3,871,120.00 Construction Manager Preconstruction Fees $29,139.00 Total Project Cost $3,900,259.00 EXHIBIT E — Construction Schedule Subject to the ASSUMPTIONS AND CLARIFICATIONS contained herein, the anticipated construction period shall be (395) calendar days to achieve Substantial Completion, after receipt, by Biltmore Construction Co., Inc., of all of the following requirements: • Execution of the Guaranteed Maximum Price Amendment of the Agreement Between Owner and Biltmore Construction Co., Inc. • Receipt of the Written Notice to Proceed. • Receipt of all required Permits. • Recorded Notice of Commencement (as applicable). • Construction site available to commence construction activity. • Utilities disconnected and/or relocated as necessary to commence construction. Final Completion shall be within Thirty (30) calendar days following the Date of Substantial Completion of the Work. 10 Ill CONSTRUCTION CO., INC. BILTMORE