4-Appendix 3 PreCon Amendment.pdf

V.20250612.01

ATTACHMENT 2: PRECONSTRUCTION AMENDMENT

RFQu- 26-002

PRECONSTRUCTION AMENDMENT

to

CONSTRUCTION MANAGER AT RISK CONTRACT

between

TOHOPEKALIGA WATER AUTHORITY

and

CMAR Entity Name regarding

SOUTHWEST WATER TREATMENT PLANT UPGRADES AND TREATMENT

IMPROVEMENT

THIS PRECONSTRUCTION AMENDMENT (“Preconstruction Amendment”) is made and entered into between TOHOPEKALIGA WATER AUTHORITY, an independent special district established pursuant to Chapter 189, Florida Statutes, by special act of the Florida Legislature, with its principal place of business located at 951 Martin Luther King Boulevard, Kissimmee, Florida 34741 (“TOHO”), and CMAR Entity Name, a CMAR Entity Type of the State of State Name that is authorized to do business in the State of Florida, with its principal place of business located at CMAR Principal Address (“CMAR”), in consideration of the mutual covenants contained herein and for other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged.

TOHO and CMAR may be herein referred to individually as the “Party” or collectively as the “Parties”.

Execution This Preconstruction Amendment shall be executed in tandem with the Contract numbered RFQu-26-002 between the Parties (the “Contract”). This Preconstruction Amendment, as well as any appendices and attachments to this Preconstruction Amendment, shall be incorporated into and serve as a material part of the Contract.

Definitions The terms used in this Preconstruction Amendment, unless otherwise defined in this Preconstruction Amendment, shall have the meanings ascribed to them in the Contract.

The documents listed in Table 1: Preconstruction Amendment Appendices are hereby incorporated into the Contract Documents and are made part thereof:

Table 1: Preconstruction Amendment Appendices

Appendix No. Description PCA-1 Preconstruction Services Scope and Fee

PCA-2 Preconstruction Phase Schedule

PCA-3 U.S. Department of Labor Wage Determinations (if applicable)

Preconstruction Services Fee

A. In accordance with Section 6.7: Preconstruction Services Fee of the Contract, Toho and CMAR hereby agree that the Preconstruction Services Fee shall be paid:

Select one of the following:

☐ Invoice-based monthly reimbursement of actual Preconstruction Phase costs incurred by CMAR up to a not-to-exceed lump-sum amount established by mutual agreement by the Parties in the PCA-1: Preconstruction Services Scope and Fee; or

☐ As a fixed monthly amount up to a not-to-exceed lump-sum amount, both such amounts as established by mutual agreement by the Parties in the PCA-1: Preconstruction Services Scope and Fee.

Construction Manager Fee TOHO and CMAR hereby agree that the Construction Manager Fee shall be paid for by TOHO in accordance with Section 8.9: Construction Manager Fee of the Contract.

Project Team Representatives

A. In accordance with Section 5.2: Project Managers of the Contract, the following individuals are the Project Managers assigned to this Contract:

1. Toho’s Project Manager (“TOHO PM”) Name: Name Title: Title Phone: Phone Number Email: Email Address

2. CMAR’s Project Manager (“CMAR PM”) Name: Name Title: Title Phone: Phone Number Email: Email Address

B. In accordance with Section 5.3: Design Engineer’s Representative, the following individual is the representative of DESIGN ENGINEER that is assigned to this Contract:

Name: Name Title: Title Phone: Phone Number Email: Email Address

CMAR’s Key Personnel & Staff In accordance with Section 5.5: Key Personnel, and as defined in Section 2.1: General Definitions of the Contract, the following are the Key Personnel that CMAR has assigned to this Contract, this list shall include any Key Personnel for both the Preconstruction and Construction Phases of the Contract as they were presented by CMAR in its applicable Solicitation Response:

Table 2: CMAR’s Key Personnel & Staff

Key Personnel Name Project Role % of Time Assigned

In accordance with Section 28.9: Notices of the Contract, the following shall be the addresses to which any notices required by the Contract or the Contract Documents may be received by each Party:

Notice to TOHO Project Manager “PM” Tohopekaliga Water Authority Attn: Name and/or Title Re: Contract RFQu-26-002 951 Martin Luther King Blvd.

Kissimmee, Florida 34741

COPY TO:

Tohopekaliga Water Authority Attn: Procurement Services Re: Contract RFQu-26-002 951 Martin Luther King Blvd.

Kissimmee, Florida 34741

Notice to CMAR CMAR Entity Name Attn:

Address Line #1 Address Line #2

COPY TO:

CMAR Entity Name Attn:

Address Line #1 Address Line #2

If there are any State and/or Federal Financial Assistance Requirements, insert them here. If not, enter “None Applicable.”

If there are any Project-Specific Requirements, insert them here. If not, enter “None Applicable.”

Table 3: Contract Value Summary Description Amount

Previous Contract Total Dollars: $

NET Dollars for this Amendment (Addition/Subtraction): $

NET CONTRACT TOTAL DOLLARS: $

CMAR hereby represents, warrants, and certifies that CMAR does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. CMAR previously has provided to TOHO the affidavit as required by Section 787.06(13), Florida Statutes, and hereby reasserts and reincorporates that affidavit as if fully set forth herein.

This document may be electronically executed by the Parties in counterparts up to but not exceeding the number of parties, each of which shall be deemed an original and all of which, taken together, shall constitute one agreement. Each Party may deliver its executed signature page by email transmission to the other Parties at the email addresses set forth herein. Delivery shall be effective and complete upon completion of such email transmission. The Parties agree that electronic signatures may be used in the execution of this document in accordance with Parts I and II of Chapter 668, Florida Statutes.

Except as specifically modified or amended by the terms of this Preconstruction Amendment, the Contract, Contract Documents, and all provisions contained therein shall continue in full force and effect and are hereby ratified and confirmed by the Parties. Wherever the terms of this Preconstruction Amendment and the terms of the Contract Documents are in conflict, the terms of this Preconstruction Amendment shall govern and control.

[ SIGNATURES ON FOLLOWING PAGES ]

IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth below.

INSERT VENDOR LEGAL NAME TOHO WATER AUTHORITY

By: _________________________ By: __________________________ Print Name: __________________ Print Name: Todd Swingle Title: ________________________ Title: Chief Executive Officer Date: ________________________ Date: _________________________

Attest: ______________________ Attest: _______________________ Print Name: __________________ Print Name: Allison Smith

Title: Executive Secretary

STATE OF _____________________________

COUNTY OF ___________________________

The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this _______ day of __________________, 2024, by ____________________ as ____________________ of INSERT VENDOR NAME AND TYPE OF ENTITY FROM SUNBIZ, on behalf of the company, who [ ] is personally known to me OR [ ] has produced _______________, as identification.

Notary Signature

Printed Name: ___________________________

My Commission No.:______________________

My Commission Expires:___________________

(Stamp)

PCA-1: Basis of Preconstruction Services Scope and Fee

Enter Basis of Preconstruction Services Fee here.

PCA-2: Preconstruction Phase Schedule

Enter Preconstruction Services Schedule here.

PCA-3: U.S. Department of Labor Wage Determinations

If Applicable, paste all applicable current U.S. Department of Labor Wage Determinations here. If inapplicable, enter “NOT APPLICABLE”.

3.2 Construction Manager Fee

B. In accordance with Section 5.3: Design Engineer’s Representative, the following individual is the representative of DESIGN ENGINEER that is assigned to this Contract:

4.2 CMAR’s Key Personnel & Staff