Item D34
E.
of
Construction
On
firms
Board.
AGREEMENT BETWEEN COUNTY AND CONSTRUCTION MANAGER
PROJECT NAME AND LOCATION:
CONSTRUCTION MANAGER:
PROJECT OWNER
ARCHITECT-ENGINEER:
MURRAY E. NELSON GOVERNMENT
AND CULTURAL CENTER
102050 Overseas Highway, MM 102
Key Largo,Florida
The Tower Group, Inc.
405 SW 14Slh Avenue, Suite One
Davie, FL 33325
954 476 3200
Monroe County, a political subdivision of the Sate of Florida,
1100 Simonton Street
Key West, Florida 33040
Currie Sowards Aguila Architects
134 NE 151 Avenue
Delray Beach, FL 33444
ARTICLE
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TABLE OF CONTENTS
DESCRwrlON
THE CONSTRUCTION TEAM AND EXTENT OF AGREEMEN.r
The Construction Team
Extent of Agreement
Definitions
County's Construction Budget
CONSTRUCTION MANAGER'S SIiRVICES
Project Management Information System (PMIS)
General
Narrative Reporting Subsystem
Scheduled Control Subsystem
Cost Control Subsystem
Project Accounting Subsystem
Project Manual
Design Review and Recommendations
Construction Phase
COUNTY'S RESPONSIBILITIES
County's Information
County's Representative
Architect and Engineer's Agreement
Site Survey and Reports
Approvals and Easements
Legal Services
Drawings and Specifications
Cost of Surveys and Rcports
Project Fault Defects
Funding
I jnes of Communication
Lines of Authority
Permitting & Code Inspections
PERMITTING AND INSPECTION
Building Permits
Code Inspections
SLBCONTRACTS
Definition
Proposals
Required Subcontractors' Qualifications and Subcontract Conditions
Subcontractual Relations
Subcontractual Requirements
Responsibilities for Acts and Omissions
Subcontracts To Be Provided
SCHEDULE, TIME OF COMMENCEMENT AND SUBSTANTIAL
COMPI~EnON
Project Substantial Completion Date, Project Final Completion Date
And Owner Occupancy Date
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Owncr Occupancy and Warranties
TABLE OF CONTENTS CONTINUED
]8
DESCRIPT]ON
PAGE
GUARANI'EED MAXIMUM PRICE FOR CONS'fRUCTION
Guaranteed Maximum Price (GMP) Proposal
GMP Taxes
Adjustments in Contingency Contained Within GMP
Use of Contingcncy Contained Within GMP
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CONSTRUCTION MANAGER'S FEE
Fee
Preconstruct ion Phase Fee
Construction Phase Fee
Overhead and Profit for Construction Phase
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COST OF THE PROJECT
Definition
Direct Cost Items
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CHANGE IN THE PROJEC-r
Change Orders
Change Order DcJlnition
Acceptab]e Ways of Determining Increases or Decrease
In The GMP on Change Orders
Itemized Accounting on Change Orders
Adjustments in Unit Prices & GMP Due T'o Inequitable Quantity Changes
Concealed Conditions
Claims for Additiona] Cost or Time
Minor Changes In thc Project
Emergencies
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DISCOUNTS AND PENALTIES
Discounts and Penalties
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PAYMENTS TO 'n-IE: CONSTRUCTION MANAGER
Monthly Paymcnts
Final Paymcnt
Payments to Subcontractors
Delaycd Payments by Owner
Payments for Materials and Equipment
Withholding Payments to Subcontractors
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INSURANCE~, INDEMNITY AND WAIVER OF SUBROGAT]ON
Indcmnity
Construction Manager's Insurance
Waivcr of Subrogation
Damages Causcd By Perils Covered By Insurancc
Loss or Damage to Equipment Covered By Insurance
Property and Consequential I JJSS Policies
Endorsement of Policics
County's ]nsurancc
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TABLE OF CONTENTS CONTINUED
DESCRIPTION PAGE
TERMINATION OF 'TIlE AGREEMEN'r AND COUNTY'S RIGHT TO
PERFORM
CONSTRUCTION MANAGER'S OBLIGATION 26
Tcrmination by thc Construction Managcr 26
County's Right to PcrI(m11 Construction Manager's Obligations and Termination
By County f()r Causc 26
Termination by County without Cause 27
ASSIGNMEnr AND GOVERNING LAW 27
Assignment Consent 27
Goveming Laws 27
NO'T'ICE OF CLAIM; WAIVER OF REMEDIES; NO DAMAGES FOR DELAY 27
Governing Provisions 27
Written Determination of Claim 28
Exclusive Remedy for Delays 28
MISCELLANEOUS 28
IIannony 28
Apprcntices 28
Invoices Submitted 28
Construction Managcr's Project Records 28
Construction Manager's Payment Rights 28
Public Entity Crimc Information Statement 28
Discrimination; Denial or Revocation for the Right to Transact Business with Public
Entities 3 I
Unauthorized Aliens 3]
Electronic Mai] Capabilities 3 ]
Assignmcnt 3 ]
Maintenance of Books and Records 3 ]
Terms not to be Construed Against Either Party 3 ]
Mediation 31
Scverability 32
Attorney Fees & Costs 32
Binding Effect 32
Claims for Federal or State Aiel 32
Adjudication of Disputes or Disagreements 32
Cooperation 32
Nondiscrimination 32
Covenant of No Interest 33
Code of Ethics 33
No solicitation/Payment 33
Public Access 33
Non-Waivcr of Immunity 33
Privileges & Immunitics 33
Legal Obligations & Responsibilities and Non-Delegation of Constitutional or
Statutory Duty 33
Non-Reliance by Non-Parties 33
Attestations 34
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EXHIBIT
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TABLE OF CONTENTS CONTINUED
DESCRIPTION
No Personal Liability
Execution in Counterparts
Section Headings
Force Majeure
Mutual Review
Construction Team Assigned Rcpresentatives
County's Construction Budget
Construction Manager's Personnel
Certificate of Substantial Completion
Construction Managcr's AfTidavit of Contract Completion
Construction Manager's Pcrsonnel to Be Assigncd During Preconstruction Phase
Construction Manager's Per Diem Staff for Time Extensions Per 8 .1.2( I )(b)
Construction Manager's Personnel to Be Assigned During Construction Ofl~Site
Construction Manager's Personnel to Be Assigned During Construction On-Site
Ccrtificate of Partial Payment
Items To Be Submitted With Gencral Construction Manager's Request for Final
Payment
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AGREEMENT
BETWEEN COUNTY AND CONSTRUCTION MANAGER
TIIIS AGREEMENT made this_ day 2005 in the ycar Two 'fhousand Fivc by and
bctween Monroe County, a political subdivision of State of Florida whose address is Gato Building, 1100
Simonton Street, Kcy West, Florida, 33040, hcreinafter called County or Owner, and 'fhe Tower Group, Inc., 405
SW 148th Avenue, Suite 1, Davie, Florida 33325, hereinafter called Construction Manager.
ARTICLE 1
THE CONSTRUCTION TEAM AND EXTENT OF AGREEMENT
The Construction Manager accepts the relationship of trust and confidence established between him and the
County by this Agreement. He covenants with the County to furnish his best skill and judgmcnt and to cooperate
with the Architcct-Engineer in furthering the interests of the County. lIe agrees to furnish efficient business
administration and supcrintendence and use his best efforts to complete the project in thc bcst and soundest way
and in the most expeditious and economical manner consistcnt with the interest of the County.
1.1 The Construction Team 'fhe Construction Manager, the Director of Facilities Development for the
County and the Architcct-Engineer, called the "Construction Team", shall work jointly during design
and through final construction completion and shall be available thereafter should additional services
be rcquircd. The Architect-Engineer will provide Icadership during the Preconstruction Phase with
support from the Construction Manager and the Construction Manager shall provide leadership to the
Construction Team on all matters relating to construction.
The specific representatives of the Construction Team are shown in Exhibit A attached.
1.2 Extent of Agreement -- This Agreement for the Murray E. Nelson Government and Cultural Center
(Project), between the County and the Construction Manager, supersedes any prior negotiations,
representations or agreements. When drawings, specifications and other descriptive documents
defining the work to be includcd undcr a construction authorization are substantially complete, they
shall be identified in thc construction authorization issued by the Project Director. When drawings,
specifications and other descriptive documents defining the work to be included in the guaranteed
maximum price (GMP) are sufficiently complete, an Amendment to the Agreement shall be signed by
the County and Construction Manager, acknowledging the GMP amount and the drawings,
specifications and other descriptive documents upon which thc GMP is based, To expedite the
preparation of this GMP Amendment by the County, the Construction Manager shall obtain four (4)
sets of signed, sealed and dated drawings, specifications, and other documents upon which the GMP is
based from the Architect-Enginccr, and shall acknowledge on the face of each document of each set
that it is the set upon which he based his GMP and shall send one set of the documents to the County's
Director of Facilities Dcvclopment along with his GMP proposal, while keeping one set for himself
and returning one sct to the Architect-Engineer, and one set to the Clcrk of Courts for Monroe County.
The GMP Proposal shall include the f,()llowing sections:
Section One:
Section Two:
Summary of" Work
(iMP Price Summary -- To include Construction Authorization & Tax
Savings
Scope Clarifications and Assumptions
Detailed Estimate
Bid Tabulations and Recommendations
PreliminCllY Construction Schedule
Contract Documents Drmving List and Specification List
5'ection Three:
Section Four:
Section Five:
Section Six:
Section Seven:
This Agreement shall not be superseded by any provisions of the documents fix construction and may
be amended only by written instrument signed by both the County and the Construction Manager.
1.3 Dcfinitions:
Architect-Engineer Currie Sowards Aguila Architccts, 134 NE I sl A venue, Delray Bcach, Florida
33444.
Construction Authorization The term Construction Authorization shall mean a written work order
based on a defIned scope of work cxcluding Construction Manager's fces as specificd in Article 8,
prepared by thc Project [)irector and issued to the Construction Manager. Construction Authorizations
shall bc uscd prior to the datc of the GMP Amendment and all work pcrformcd pursuant to
Construction Authorizations shall be included in the GMP
Construction Manager - The Tower Group, Inc., 405 SW 148,h Avenue, Suite I, Davic, Florida
33325,
Owner Monroe County, a political subdivision of the State of Florida, acting through its Board of
County Commissioners (hercinafter BOCC).
County's Representatives - The Director of Facilitics Development and his superiors or designees.
Pem1itting Authorities The local authorities with jurisdiction over the area in which the project is
located.
Proiect - The Projcct is thc total work to be performed under this Agreement. The Project consists of
permitting, construction and codc inspection felr the Murray E. Nelson Govemment and Cultural
Center Project necessary to build the component parts of the project identified in Exhibit B.
Proiect Director The Director of Facilities Development is designatcd by the County to provide
direct interf~lCc with the Construction Manager with respect to the County's responsibilities.
1.4 County's Construction Budget: The County's funds budgeted and requested for construction of the
Project. The County's Construction Budget is Six Million Fivc Hundred Thousand ($6,500,000.00)
identified in Exhibit 13, including all Construction Manager fees, costs of the work and the County's
and Construction Manager's construction and interface contingencies as defined in Articles 8 and 9.
This acknowledgemcnt of the County's budgeted funds is not to be construcd as the Construction
Manager's Guaranteed Maximum Price. A Guaranteed Maximum Price will be offcred by separate
documentation as outlined in Article 7.
ARTICLE 2
CONSTRUCTION MANAGER'S SERVICES
The services which thc Construction Manager shall providc include, but are not limited to, thosc described or
specified herein. The services described or specitled shall not be dcemcd to constitute a comprehensive
spccification having the effect of excluding services not speciJlcally mentioned.
2.1 PROJECT MANAGEMENT INFORMATION SYSTEM (PMIS)
2.1.1 General:
(I) Commencing immediately after contract award, the Construction Manager shall implement and
shall utilizc throughout the life of this Contract all subsystems of thc Project Management
Information System hereinaftcr rcferred to as PMIS.
(2) Thc rcports, documents, and data to be provided shall represent an accurate assessment of thc
current status of thc Project and of the work remaining to be accomplished and it shall provide
a sound basis for identifying variances and problems and for making managcment decisions. It
shall be prepared and fumished to the County and the Architect-Engineer monthly and shall
accompany each pay request.
(3) If requested by the Project Director, the Construction Manager shall conduct a comprehensivc
workshop for participants designated by the Project Director and additional seminars as
required to provide instruction. This workshop and the seminars shall facilitate each
participant's and the County's representatives' use and understanding of PMIS; shall support,
in-part, the function of organizing in concert with the Architect-Enginecr for the design and
construction of the Project; and shall establish, with the full concurrence of the County and the
Architect-Engineer, procedures f(lr accomplishing the Inanagcment control aspect of the
Project.
(4) The PMIS shall be described in terms of the following major subsystems:
(a) Narrativc Reporting, on a monthly basis,
(b) Schedule Control, on a monthly basis,
(c) Cost Control, and estimating,
(d) Project Accounting,
(e) Accounting and Payment, and
(f) Action Reports.
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2.1.2 Narrative Reporting Subsystcm
( I)
The Construction Manager shall preparc written reports as describcd hereunder.
PMIS narrative reports shall be required. All reports shall be in either an 8 1/2" X
or an electronic format approved by the County.
No other
II" lemnat
(2) The Narrative Reporting Subsystem shall include the following reports:
(a) A Monthly Executive Summary which provides an overvicw of CUlTent issues and pending
dccisions, future developments and expected achievements, and any problems or delays,
including code violations found by Permitting Authority.
(b) A Monthly Cost Narrative describing the current construction cost estimate status of the
Project.
(c) A Monthly Scheduling Narrative summarizing the currcnt status of the overall project
schedulc. 'fhis rcport shall include an analysis of thc various project schedules, a
description of the eritical path, and other analyses as necessary to compare planned
performance with actual performance.
(d) A Monthly Accounting Narrative describing the current cost and payment status of the
cntire project. This report shall relate current encumbrances and expenditures to the budget
allocations.
(e) A Monthly Construction Progress Report during the construction phase summarizing the
work of the various subcontractors. This report shall include information from the weekly
job site meetings as applicable such as general conditions, long lead supplies, current
deliveries, safety and labor relations programs permits, construction problems and
recommendations, and plans for the succeeding month.
(1) A Daily Construction Diary during the construction phase describing events and eonditions
on the site.
(g) Construction Manager shall implement the County's direct tax savings purchase plan as
part of the Construction Manager's services.
(3) The reports outlined in subsection (2)(a) through (e) above shall be bound with applicable
computer reports and submittcd monthly during design and construction phases and shall be
currcnt through thc end of the preceding month. Copies shall be transmitted to the County and
thc Architect-Engineer and others designatcd by the Project Director with the monthly pay
requisition.
Additional copies of the rcport outlincd in subsection (2)(a) shall be bound separately and
distributed monthly as directed by the Projeet Director.
(4) The report outlined in subscetion (2)(1) above shall be maintained at the site available to the
County and Architcct-Engincer. A copy, bound, of the eomplcte diary shall be submitted to the
County at the conclusion of the project.
2.1.3 Scheduled Control Subsystem
(I) Master Project Schedule Upon award of this Contract the master projeet schedule will be
developed by the Construction Team and shall be submitted by the Construction Manager. Thc
master project schcdule shall cover the planning and design approvals, construction and Owner
occupancy of the Project. This schedule will serve as the framcwork felr the subscquent
development of all dctailed schedules. The master project sehedule shall bc produccd and
updated monthly throughout the project.
(2) Within thirty (30) days after the date of the County's issuance of a Notice to Proceed, the
Construction Manager shall prcpare and submit to the Architect-Engineer a construction
schedule graphically dcpicting the activitics contemplated to occur as a neeessary incident to
perfemmmce of the work required to eomplete the project, showing the sequcncc in which the
Construction Manager proposes le)r eaeh such activity to oecur and duration (datcs of
commenccmcnt and completion, respectivcly) of each such activity. 'The Architect-Engineer
3
shall determine whether the construction schedule developed and submitted by the Construction
Manager meets the requirements stated abovc and such dctermination shall be binding on the
Construction Manager. Failurc of the Construction Manager to develop and submit a
construction schedule as aforesaid shall bc sufficient grounds j~)r the Architect-Engineer to
notify the County that sufficicnt cause cxists to withhold any payment.
Following developmcnt and submittal of the construction schedule as aforesaid, the
Construction Manager shall, at thc cnd of each calendar month occurring thcreafter during the
period of time required to finally complctc the subject project, or at such carlicr intcrvals as
circumstances may require, update and/or revise thc construction schedule to show the actual
progress of the work performed and the occurrcnce of all evcnts which have aHected thc
progress of perf~)rmance of the work already performed or will alTect the progress of the
performance of the work yet to be performed in contrast with the planned progress of
performance of such work, as depicted on the original construction schedulc and all updates
and/or revisions thereto as reflected in the updated and/or revised construction schedule last
submitted prior to submittal of each such monthly update and revision. Each such update
and/or revision to the construction schedulc shall bc submitted to the Architeet-Engincer in
duplicate. Failure of thc Construction Manager to update, rcvise, and submit the construction
schedule as aforesaid shall be sufficient grounds for the Architect-Engineer to certify to the
County that suffIcient cause exists to withhold payment to the Construction Manager until a
schedule or schedule update acceptablc to the Architect-Engineer is submitted.
(3) The Construction Manager shall preparc and incorporate into the schcdulc data base, at the
required intervals, the following schcdules:
(a) Pre-Bid Schedules (Subnetworks) - Thc Construction Manager shall preparc a construction
schedule for work encompasscd in each bid package. The schedule shall be sutTiciently
detailed as to be suitable for inclusion in the bid package as a framework j~)r contract
completion by the successful bidder. It shall show the interrelationships between the work
of the successful bidder and that of othcr subcontractors, and shall establish milcstones
keyed to the overall master schedule.
(b) - Upon the award of each sub-
contract, the Construction Manager shall jointly with the subcontractor, develop a schcdule
which is more detailed than the pre-bid schedule included in the specifications, taking into
account thc work schedule of the other subcontractors. The construction schcdule shall
include as many activities as necessary to make the schedule an effective tool for
construction planning and l~)r monitoring the performance of the subcontractor. The
construction schedule shall also show pertinent activities f~)r material purchase orders,
manpower supply, shop drawing schedules and material delivery schedules.
(c) Occupancy Schedule - The Construction Manager shall jointly dcvclop with the Architect-
Engineer and the County a detailed plan, inclusivc of punch lists, final inspections,
maintenance training and turn-over procedures, to be uscd l~)r ensuring accomplishment of
a smooth and phased transition from construction to Owner occupancy. The Occupancy
Schedule shall be produced and updated monthly from its inception through final Owner
occupancy.
2.1.4
Cost Control Subsystem - The operation of this subsystem shall provide sufficient timely data and
detail to permit the Construction Team to control and adjust the project rcquirements, nccds, materials,
equipment and systcms by building and site elements so that construction will be completed at a cost
which, together with all other project costs, will not exceed the maximum total project budgct.
Requirements of this subsystem include the following submissions at the j~)llo\Ving phases of the
project:
Estimates
(a) At completion of Advanced Schematic Preconstruction Phase For Each Item or Bid Packagc.
(b) At Completion of Design Development Phase For Each ltcm Or Bid Package.
(c) At establishment of thc Guarantecd Maximum Price.
(d) At Completion of 100'% Construction Documents Phase 1:01' F:ach Itcm Or Bid Package.
4
(e) Construction Documents Estimates Prior to the hid of each hid package, when the working
drawings and specifications arc complcte, the Construction Manager shall prepare and suhmit a
cost estimate on the basis of a quantitative material take-off with current local cost for each bid
group by subcontract package.
2.1.5
Proiect Accounting Subsystem - 'rhe operation of this subsystem shall enable the Construction Team
to plan effectively and to monitor and control the funds available for the project, cash /low, costs,
changc orders, payments, and other major financial factors by comparison of budget, estimate, total
commitment, amounts invoiced, and amounts payable. This subsystem will be produced and updated
monthly and includes the following reports which together will serve as a basic accounting tool and an
audit trail. The Construction Manager will retain all project files in a manner consistent with proper
accounting procedures that would be sufficient for an audit by the County for a period of 5 years after
final completion of the project.
(a) Costs Status Rcport showing the budget, estimate, and base commitment (awarded contracts
and purchase orders) for any given contract or budget line item. It shall show approved change
orders for each contract which when added to the base commitment will becomc the total
commitment. Pending change orders will also be shown to produce the total cstimated
probable cost to complete the work.
(b) A Payment Status Report showing the value in place (both current and cumulative), the amount
invoiced (both current and cumulative), the retained, the amount payable (both current and
cumulative), and thc balance remaining. A summary of this report shall accompany each pay
rcquest.
(c) showing the complete activity history of each item in the project
accounting structure. It shall includc thc budget, estimate and base commitment figures for
each contract. It shall give the change order history including change order numbers,
description, proposed and approved dates, and the proposed and approved dollar amounts. It
shall also show all pending or rejected change orders.
(d) A Cash Flow Diagram showing the projected accumulation of cash payments against the
project. Cash /low projections shall be generated for anticipated monthly payments as well as
cumulativc payments.
(e) shall be maintained as necessary to supplement the operation of the project
accounting subsystem. T'he job ledger will bc used to provide construction cost accountability
for general conditions work, on-site reimbursable expenses, and costs requiring accounting
needs.
2.2 PROJECT' MANUAL
(I) Upon award of contract the Construction Manager shall dcvclop a draft comprchensive Project
Manual describing the services sct forth in this Contract. This shall provide a plan for the
control, direction, coordination and evaluation of work performcd throughout the projcct
organization including identification of key personnel, responsibilitics of Construction
Manager, County and Architect-Engineer; work /low diagrams; and strategy f()I' bidding thc
work. The Project Manual shall be updated as nccessary throughout the design, construction
and Owner occupancy phascs. Two hard copies and one PDF file of the Projcct Manual and
any updatcs shall bc submitted to the County and Architcct-Engineer. -rhe developmcnt of the
Projcct Manual shall be a collaborative effort betwecn the County, the Construction Manager
and the Architcct-Enginecr.
(2) Contents of Projcct Manual The Project Manual shall describe in detail the procedures for
cxecuting the work and the organizations participating. The Project Manual shall include as a
minimum the following sections:
(a) - The known characteristics of the project or subprojects shall be
dcscribcd in gcneral tcrms which will provide thc participants a basic understanding of the
project or sub-projects.
(b) Project Goals The schcdule, budget, physical, technical and other objectives for the
project shall be deflned.
(c) Project Strategy - A narrative dcscription of thc projcct delivery methods shall bc utilized
5
to accomplish the project goals.
(d) - A summary organization chart showing the interrelationships
between the County, thc Construction Manager, the Architect-Enginecr, other supporting
organizations and pcrmitting rcview agencies. Detailed charts, one each for the
Construction Manager, the Architect-Engineer, and the County showing organizational
elements participating in the project shall be includcd.
(e) Responsibility Performance Chart - A detailed matrix showing the specific responsibilities
and intcrrelationships of the County, the Architect-Engineer, and Construction Manager.
Thc Responsibility Performance Chart shall indicate major responsibility, and minor
responsibility, for each spccific task required to deliver the projcct. T'he Construction
Managcr shall develop a similar chart for the personnel within his own organization who
arc assigned to the project, and also for the pcrsonnel of the County and the Architect-
Engineer from data supplied by each.
(f) Flow Diagrams These charts shall display the flow of inf(Jrmation and the decision
process for the review and approval of shop drawings and submittals, progress and change
orders.
(g) Written Procedurcs - The Construction Manager will provide written procedures for
communications and coordination required between Construction Team members
throughout the project. Procedures shall cover such items as correspondence, minutes,
reports, inspections, team mcetings, technical reviews, design reviews, and other necessary
communications.
(h) Electronic Procedures The Construction Manager will provide electronic procedures for
the processing of all projcct corrcspondencc including RFI's, RFP's etc.
2.3 DESIGN REVIEW AND RECOMMENDATIONS
(I) Review and Recommendations and WalTanty. - Thc Construction Manager shall familiarize
himself thoroughly with the evolving architectural, civil, mechanical, plumbing, electrical, and
structural plans and specifications and shall follow the development of design from
Preliminaries through Working Drawings. He shall make recommendations with respect to thc
selection of systems and materials, and cost reducing alternatives including assistance to the
Architect-Engineer, and the County in evaluating alternative comparisons vcrsus long term cost
ctTects. The evaluation shall speak to the benellts of the speed of erection and early completion
of the project. I-Ie shall furuish pertinent information as to the availability of materials and
labor that will be required. He shall submit to thc County, Permitting Authority and Architect-
Engineer such comments as may be appropriate conccrning construction feasibility and
practicality. I-le shall call to the Project Director's and the Architect-Engineer's attention in
writing any apparent defects in the design, drawings and specifications or other documents. He
shall prepare an estimate of the construction cost utilizing the unit quantity survey method.
(2) Rcview Rcports and Warranty Within Forty-f1ve (45) days aftcr recciving the Construction
Documents for each phase of the project, the Construction Manager shall perform a speciflc
review thereoC focused upon factors of a nature encompassed in Paragraph (I) above and on
factors set out in Paragraph (5). Promptly after completion of the review, he shall submit to the
Project Director and Permitting Authority, with copies to the Architect-Engineer, a written
report covering suggestions or recommcndations previously submitted, additional suggestions
or recommendations as hc may deem appropriate, and all actions taken by the Architect-
Enginccr with respect to same, any comments he may dcem to be appropriate with respect to
scparating thc work into separatc contracts, alternative materials, and all comments called for
under Article 2.3(5).
AT COMPLETION OF TIlE CONSTRUCTION MANAGER'S RF;Vn~W OF THE PLANS
AND SPECIFICATIONS, EXCEPT ONLY AS TO SPECIFIC MATTERS AS MAY BE
IDENTIFIED BY APPROPRIATE COMMENTS PURSUANT TO THIS SECTION, THE
CONSTRUCTION MANAGER SIIALL WARRANT. WITHOUT ASSUMING ANY
ARCIIITECTURAL OR ENGINEERING RESPONSIBILITY, THAT THE PLANS AND
SPECIFICATIONS ARE CONSISTI-NT, PRACTICAL, FEASIBLE AND
CONSTRUCTIBLI:. CONSTRUCTION MANAGER SHALL WARRANT THAT THI:
WORK m.SCRIBED IN THE PLANS AND SPECIFICATIONS FOR TIII~ VARIOUS
BIDDINC; PACKAGES IS CONSTRUCTIBLE WITIIIN TIlE SCHEDULED
6
CONSTR UCTIONTIME
DISCLAIMER OF WARRANTY: - 'THE COUNTY DOES NOT WARRANT THE
ACCURACY OR THE CONSTUCTIBILrry OF "TITE PLANS OR SPECIFICATIONS.
(3) - The Construction Manager shall review the dcsign for the purpose
of identifying long lead procurement items (machinery, equipment, materials and supplies).
When each item is identified, the Construction Manager shall notify the subcontractors, the
Project Director and thc Architect-Engineer of the required procurement and schedule. Such
information shall bc included in thc bid documents and made a part of all alTected sub-
contracts. As soon as the Architect-Engincer has completed drawings and technical
specifications and permitting approval has bcen obtained, the Construction Manager shall
preparc invitations for bids. 'The Construction Managcr shall keep himself informed of the
progress of thc rcspective subcontractors or suppliers, manuf:acturing or f:abricating such items
and advisc Projcct Director, Owner and Architect-Enginecr of any problems or prospective
dclay in dclivcry.
(4) Scparate Contracts Planning - The Construction Manager shall review thc design with the
Architect-L:ngineer and make recommendations to the County and to the Architcct-Engineer
with respect to dividing the work in such manner as will permit the Construction Manager to
take bids and award separate construction sub-contracts on the current schedule whilc the
design is bcing completed. He shall take into considcration such f:actors as natural and practical
lines of sevcrability, scquencing effectiveness, access and availability constraints, total time for
completion, construction market conditions, availability of labor and materials, community
relations and any other f:actors pertinent to saving time and cost by overlapping dcsign and
construction that are authorized by thc County.
(5) Interfacing
(a) The Construction Manager shall take such measures as are appropriate to provide that all
construction requirements will be covered in the separate subcontracts for procurement of
long lead items, the separate construction subcontracts and the general conditions items
performed without duplication or overlap, sequenccd to maintain completion of all work on
schedule. Particular attention shall be given to provide that each bid package clearly
idcntifies the work included in that particular separate subcontract, its schedule for start and
complction and its relationship to other separate subcontractors.
(b) Without assuming any Design responsibilities of the Architect-Engineer, the Construction
Managcr shall include in thc reports rcquired under Article 2.3(2) comments on overlap
with any other separate subcontracts, omissions, lack of correlation betwecn drawings, and
any other deficiencies noted, in order that the Project Director and Architect-Engineer may
arrange for neccssary corrections.
(6) - The Construction Manager shall arrange for all job-site f:acilities nccessary
to enablc thc Construction Manager and the County's representatives and the Architect-
Engineer to perform their respective duties in the managcment, inspection, and supervision of
construction.
Tangible personal property, otherwise referred to as Job-Site f:acilities, include but are not
limited to such things as trailers, toilets, typewriters, computers and any othcr cquipment
necessary to carryon the project. When the Construction Manager wishes to supply Job-Site
Facilities from his own equipment pool, he shall first evaluate a lease option. He may lease
such job f:acilities equipment from his own equipmcnt pool at a price not greater than the lowest
of three (3) lease proposals obtained.
(7) - The Construction Manager shall asccrtain what tcmporary enclosurcs, if
any, of building areas should be provided for and may be provided as a practical matter, in
order to assure orderly progress of the work in periods when extreme weather conditions are
likely to be experienced. Hc shall submit to the Construction Team his recommendations as to
needed requirements of this naturc and as to the contract or contracts in which they should be
includcd.
(8) Markct Analysis and Stimulation of Biddcr Intcrest
(a) The Construction Manager shall monitor conditions in the construction markct to identi fy
7
factors that will or may affect costs and time for completing the project; he shall make
analysis as necessary to (I) determine and report on availability of labor, material,
equipment, potential bidders, and possible impact of any shortages or surpluses of labor or
material, and (2) in light of such determinations, make recommendations as may be
appropriate with respect to long lead procurement, separation of construction into bid
packages, sequencing of work, use of altcmative materials, cquipment or methods, other
economics in dcsign or construction, and othcr matters that will promote cost savings and
completion within thc scheduled time.
(b) Within thirty (30) days after receiving Notice to Proceed, the Construction Manager shall
submit a writtcn "Construction Market Analysis and Prospective Biddcrs Report" setting
out recommendations and providing information as to prospcctive bidders. As various bid
packages are prepared (c)r bidding, the Construction Manager shall submit to the Project
Director and the Architect-Engineer a list of potential bidders. The Construction Managcr
shall be responsible to stimulate biddcr interest in thc local market place and identify and
encourage bidding competition.
(c) The Construction Manager shall carry out an active program of stimulating interest of
qualified Contractors and subcontractors in bidding on the work and of familiarizing those
bidders with the requircments of this project.
2.4 CONSTRUCTION PHASE
(I) Construction Manager's Staff - 'fhe Construction Manager shall maintain sufficient off-site
support staff~ and compctent full time staff at the Projcct site authorized to act on behalf of the
Construction Manager to coordinate, inspect and provide gencral dircction of the work and
progress of the subcontractors and he shall provide no less than those personnel during the
respective phases of construction that are set forth in Exhibit "C" to this agreemcnt. He shall
not change any of those persons named in Exhibit "C" unless mutually agreed to by the County
and Construction Manager. In such case, the County shall have the right of approval of the
qualifications of rcplacemcnt personnel. Such approval will not be unreasonably withheld.
(2) Lines of Authority - The Construction Manager shall establish and maintain lines of authority
(c)r his personnel, and shall provide this definition to the County and all other affected parties
such as the code inspectors of the Pennitting Authority, the sub-contractors, the Architect-
Engineer and the County's representatives, to provide general direction of the work and
progress of the various phases and subcontractors. The County and Architect-Engineer may
attend meetings between the Construction Managcr and his Subcontractors; however, such
attendance shall not diminish either the authority or responsibility of the Construction Manager
to administer the subcontractors.
(3) Schedule and Project Manual Provisions The Construction Manager shall providc
subcontractors and the County, its representatives and the Architect-Engineer with electronic
copies of thc Project Manual developcd and updated as required by Article 2.2 expanded for the
Construction Phase employing their respective milestones, beginning and finishing dates, their
respective responsibilities (c)r performance and the relationships of their work with respcct to
subcontractors and suppliers. -fhe schedule shall include all phases of the construction work,
matcrial supplies, long lead procurement, approval of shop drawings, change orders in
progrcss, schedules for changc orders, and perlCmnance testing requirements. He shall advise
the County, its representatives and the Architect-Engineer of their required participation in any
mecting or inspection giving each at least one week notice unless such notice is made
impossible by conditions beyond his control. He shall hold job-site meetings at Icast once each
month with the Construction Tcam and at Icast once each week with the subcontractors and the
Architect-Engineer's Ficld Representative, or more frequcntly as required by work progress, to
rCVlew progrcss, discuss problems and their solutions and coordinate future work with all
subcontractors.
(4) Solicitation of Bids
(a) Without assuming responsibilities of the Architcct-Engineer, and unless waived in writing
by the County, the Construction Manager shall prepare invitations for bids, or rcquests lc)r
proposal when applicable, lc)r all procurements of long Icad items, materials and services,
and for Subcontractor contracts. If solicitation of bids is waived in writing by the County,
the Construction Manager will adhere to County policy and procedurcs for all
procurements of long lead items, materials and services, and fc)r Subcontractor contracts.
8
Invitations for bids shall be prepared in accordance with the following guidclines:
I. Contracts over 'fen Thousand Dollars ($10,000) but not exceeding Twcnty Five
'fhousand Dollars ($25,000) may be entered into by the Construction Manager with
the firm which submits the lowest verbal quotation. The Construction Manager shall
obtain a minimum of two (2) verbal quotations. 'fhese quotations shall be cntered on
a bid tabulation sheet and a copy of such tabulation sent to the County and Architect-
Engineer upon request. The successful quotation shall be confirmed by written
contract or purchase order defining the scopc and quality of work to be provided and
awarded to the firm with the most rcsponsive bid.
2. Contracts exceeding 'fwenty Five Thousand Dollars ($25,000) but not cxceeding 'fwo
Hundred Thousand Dollars ($200,000) may be entered into by the Construction
Manager with the firm who is qualificd and submits the most responsive proposal.
The Construction Manager shall request at least three (3) firms to submit sealed
written proposals bascd on drawings and/or specifications. I'he written proposals
shall all bc received at the location, date and time named by the Construction
Manager in his request for proposal. A tabulation of the rcsults shall be furnishcd to
the County and Architect-l:ngineer upon request.
3. Contracts exceeding Two I-Iundrcd T'housand Dollars ($200,000) may be entered into
by the Construction Manager with the firm who is qualified and submits the most
responsive proposal. The Construction Manager shall advcrtise these projccts at least
once with the last advertisement appearing at Icast 2 I calendar days prior to the
established bid opening date and at least five 5 days prior to any scheduled pre-bid
conferencc. These proposals shall be based on approved plans and specifications.
Bids shall be received at the location, date and time established in the bid
advertisement.
4. Individual purchases of materials or rentals or leases of equipment amounting to less
than Ten Thousand Dollars ($ I 0,(00) each may be made without bids or quotes whcn
reasonably necessary to expedite work on the project, however, the Construction
Manager shall not divide or separate procurcment in order to avoid the requirements
set forth above.
5. Site utilities may be acquired at market ratcs from the entity(ies) providing such in the
franchise area.
(b) As part of such prcparation, the Construction Manager shall review the spccifications and
drawings prepared by the Architect-Engineer. Ambiguities, conflicts or lack of clarity of
language, use of illegally restrictive requirements, and any other defects in thc
specifications or in the drawings noted by the Construction Manager shall be brought to the
attention of the Project Director and Architect-Engineer in written form.
(c) For any pre-bid confercncc, if questions arc raised which require an interpretation of the
bidding documents or otherwise indicate a need for clarification or correction of the
invitation, thc Construction Manager shall transmit these to the Architect-Engineer and
upon receiving clarification or correction in writing shall prcpare an addendum to the
bidding document, and issue same to all of the prospective bidders.
(d) For all contracts exceeding 'fwo lIundred Thousand Dollars ($200,000), the Construction
Manager shall establish a pre-qualification procedure for applicable subcontract trades.
(5) Bonds - In accordance with the provisions of Section 255.05, Florida Statutes, the Construction
Manager shall provide to the County a one hundred (l (0) percent Performance Bond and a one
hundrcd (100) pcrcent Labor and Material Payment Bond each in an amount not less than thc
total construction cost as defincd in Article 9 and inclusive of the Construction Managcr's fces.
To be acceptable to the County as Surety for Pcrformance Bonds and Labor and Matcrial
Payment Bonds, a Surety Company shall comply with the following provisions:
I. Thc Surety Company shall have a currcntly valid Certificate of Authority, issued by the
State of Florida, Department of Insurancc, authorizing it to write surety bonds in the State
of Florida.
9
2. The Surety Company shall have currcntly valid Certiflcate of Authority issued by the
United States Dcpartmcnt of Treasury under Scctions 9304 to 9308 of Title 31 of the
United States Code.
3. 'fhe Surety Company shall bc in full compliance with the provisions of the Florida
Insurance Code.
4. The Surety Company shall have at lcast twice the minimum surplus and capital required by
the Florida Insurancc Codc at the time the invitation to bid is issued.
5. If the Contract Award Amount exceeds Five Hundred Thousand ($500,000), thc Surety
Company shall also comply with the following provisions:
A. The Surety Company shall have at least the following minimum ratings in thc latest
issue of Best's Kcy Rating Guide.
POLICYHOLDER'S
1"0 1,000,000 A-
TO 2,000,000 A-
TO 5,000,000 A-
TO 10,000,000 A-
TO 2S,OOO,000 A-
TO 50,000,000 A-
TO 100,000,000 A-
REQUIRED
$ SOO,OOO CLASS I
$1,000,000 CLASS II
$2,000,000 CLASS III
$S,OOO,OOO CLASS IV
$ lO,OOO,OOO CLASS V
$25,000,000 CLASS VI
$SO,OOO,OOO CLASS VII
B. 'fhe Surcty Company shall not expose itself to any loss on anyone risk in an amount
exceeding ten (10) percent of its surplus to policyholders, provided:
(a) Any risk or portion of any risk being reinsured shall bc deducted in determining
the limitation of the risk as prescribed in this section. '1"hese minimum
requirements shall apply to the reinsuring carrier providing authorization or
approval by thc Statc of Florida, Departmcnt of Insurance to do business in this
state have been met.
(b) In the casc of the surety insurance company, in addition to the deduction for
reinsurancc, the amount assumed by any co-surety, thc value of any security
deposited, pledged or held subject to the consent of the surety and f~)r the
protection of the surety shall be deducted.
(6) - The Construction Manager shall devclop and maintain a program, acceptable
to thc County and Architcct-Engineer, to assure quality control of the construction. He shall
supcrvise the work of all subcontractors providing instructions to cach when their work does
not conform to the requirements of the plans and specifications and he shall continue to exert
his influence and control over each subcontractor to ensure that corrections are made in a
tiInely manner so as to not affect the efficient progress of the work. Should disagreement occur
between the Construction Manager, the County or the Architect-Engineer over acceptability of
work and conformance with the requirements of the specifications and plans, the County shall
be the final judgc of pcrformance and acceptability.
(7) - Thc Construction Manager shall bc the single point of interf~lce
with all subcontractors for thc County and all of its agcnts and representatives including thc
Architect-Engineer. lIe shall negotiatc all change orders, field orders and request f~)r proposals,
with all affected subcontractors and shall review the costs of those proposals and advisc the
County and Architect-Engineer of their validity and reasonableness, acting in the County's bcst
intercst prior to requesting approval of cach change order f]-om the County. Befi:Jrc any work is
begun on any change order, a written authorization from the County must be issued. Ilowever,
when hcalth and safety are thrcatcned, the Construction Manager shall act immediatcly to
10
remove the threat to health and safety. He shall also carefully review all shop drawings and
then forward the samc to the Architect-Engineer for review and actions. The Architect-
Engineer will transmit them back to the Construction Manager who will then issue the shop
drawings to the affected subcontractor for fabrication or revision. The Construction Manager
shall maintain a suspensc control system to promote expeditious handling. Hc shall request the
Architect-Engineer to makc interpretations of thc drawings or specifications requested of him
by the subcontractors and shall maintain a suspense control system to promote timely responsc.
lIe shall advise the Project Director and Architect-Engineer when timely response is not
occurring on any of the above.
(8) Permits - The Construction Managcr shall coordinatc with the ArchitectuEngincer in order to
secure all neccssary building permits from the Permitting Authority and all necessary utility
connection permits, the cost of which will be considered a direct cost itcm.
(9) Job Site Requircments
(a) The Construction Manager shall provide for each of the following activities as a part of his
Construction Phase fee:
I. Maintain a log of daily activities, including manpower records, weather, dclays, major
decisions, ctc.
2. Maintain a roster of companies on the project with names and telcphone numbers of
key personnel.
3. Establish and enforce job rules goveruing parking, clean-up, usc of facilities, worker
discipline and control of access to areas under construction where cxtra security is
required pursuant to FAA and or TSA requirements.
4. Providc labor relations management for a harmonious, productive project.
5. Provide a safety program for the project to meet OSHA requirements. Monitor for
subcontractor compliance without relieving them of responsibilities to perform work
in accordance with the best acceptable practice.
6. Provide a quality control program as developed under Article 2.4(6) hereinabove.
7. Miscellaneous officc supplics that support the construction efforts which are
consumcd by his own forces.
8. Travel to and from his home officc to the project site as the project requires.
(b) The Construction Manager shall arrange for separate subcontracts to provide each of the
following as a direct cost itcm:
I. Schedulc the services of indcpendcnt testing laboratories and provide the necessary
testing of materials to ensure conformance to contract rcquiremcnts.
2. The printing and distribution of all required bidding documents and shop drawings,
including the sets required by the Permitting Authority's inspectors.
(10) Job Site Administration - The Construction Manager shall provide as part of his construction
phase fee, job site administrative functions during construction to assure proper documentation,
including but not limited to such things as the following:
(a) Job Mectings - IIold wcekly progrcss and coordination meetings to provide for an casy
flowing project. Implcment procedures and assure timely submittals, expedite proccssing
approvals and rcturn of shop drawings, samples, etc. Coordinate and expedite critical
ordering including direct tax saving purchases and delivery of materials, work sequences,
inspection and testing, labor allocation, etc. Review and coordinate each subcontractor's
work. Review and implement revisions to the Schedule. Monitor and promotc safety
requiremcnts. In addition, rcgular project status mcctings will be held between thc
Architect-Engineer, the County and the Construction Manager cither biweekly or monthly,
whichever is designatcd by the Project Director.
II
Use the job site meeting as a tool for preplanning of work and enforcing schedules and for
establishing proccdurcs, responsibilities, and identification of authority for all to clearly
understand.
Identify party or parties responsible for follow up on any problems, delay items or
questions and record course for solution. Revisit cach pending itcm at each subsequent
meeting until resolution is achieved. Require all present to make any problems or delaying
event known to those prcsent for appropriate attention and resolution.
b) Shop Drawing Submittals/Approvals Provide staff to check shop drawings and to
implement procedures for submittal and transmittal to the Architect-Engineer of such
drawings for action, and closely monitor their submittal and approval process.
(c) Material and Equipment Expediting - Provide staff to closely monitor material and
equipment deliveries, critically important checking and follow-up procedures on supplier
commitments of all subcontractors.
(d) Payments to subcontractors - Develop and implement a procedure for review, processing,
and payment of applications by subcontractors for progrcss and final payments.
(e) Document Interpretation - Refer all questions for interpretation of the documents prepared
by the Architect-I::ngineer to the Architect-Engineer.
(0 Reports and Project Site Documents - Record the progress of the project. Submit written
progress rcports to the County and the Architect-Engineer including information on thc
subcontractor's work, and the percentage of completion. Keep a daily log available to the
County, the Architect-Engineer and the Permitting Authority inspectors.
(g) Subcontractor's Progress - Prepare periodic punch lists for subcontractor's work including
unsatisfactory or incompletc items and schedules for their completion.
(h) Substantial Complction - Ascertain when the work or designatcd portions thereof are ready
for the Architect-Engineer's substantial completion inspection. From the Architect-
Engineer's list of incomplete or unsatisfactory items, prepare a schedule for their
completion indicating completion dates for the Owner's rcview. If the Construction
Manager wishes the Architect-Engineer to conduct a pre-substantial completion inspection
in conjunction with his own forces, the Architect-Engineer will prepare the presubstantial
punch list from which the Construction Manager will develop a completion schedule. Thc
Architect-Engineer will issue a certificate of substantial completion when the work on his
presubstantial punch list has been accomplished (See Exhibit D).
(i) Final Completion - Monitor the Subcontractor's performance on the completion of the
project and provide noticc to the County and Architect-Engineer that the work is ready for
final inspcction. Secure and transmit to the County, through the Architect-Enginecr, all
required guarantecs, affidavits, releases, including but not limited to releasc of liens, bonds
and waivers, manuals, record drawings, and maintenance books including the Final
Completion f"(mn shown in Exhibit E.
(j) Start-Up - With the County's personncl, direct the checkout of utilities, opcrations, systcms
and equipment for readiness and assist in their initial start-up and testing by the trade
contractors and subcontractors.
(k) Record Drawings - During the progress of the work, the Construction Manager shall
rcquire the plumbing, air conditioning, heating, ventilating, elevator, and electrical
subcontractors to rccord on their field sets of drawings the cxact locations, as installed, of
all conduit, pipe and duct lines whether concealed or cxposcd which were not installcd
exactly as shown on the contract drawings. 'rhe Construction Manager shall also record all
drawing revisions that have been authorized by change ordcr that effect wall or partition
locations, door and window locations and other template changes. 'rhe exact routing of
conduit runs shall be shown on thcse drawings. In addition, the Construction Manager shall
forward all record drawing information to the Arehitcct-Engineer who will provide the
record drawings in Autocad {"(mn to the County. The Construction Manager shall providc
ongoing construction site surveys during and upon completion of excavation, upon
completion of ground noor and first noor columns and at other critical stages.
12
I':ach drawing shall be noted "As-Built" and shall bear the date and name of the
subcontractors that performed the work. Where the work was installed exactly as shown on
the contract drawings thc shcets shall not bc disturbed cxecpt as noted above.
The Construction Manager shall review the eompleted As-Built drawings and ascertain that
all data furnished on the drawings are accurate and truly represcnt the work as actually
installed. When manholcs, boxcs, underground conduits, plumbing, hot or chilled water
lines, inverts, etc. are involved as part of the work, the Construction Manager shall furnish
true elevations and locations, all properly referenced from the original bench mark used for
this proj ect.
(11) Administrative Records The Construction Manager will maintain at the job site, unless agreed
to otherwise by the Project Director, on a current basis, files and records such as, but not
limited to the following:
Contracts or Purchase Orders
Shop Drawing Submittal! Approval Logs
Equipment PurchascIDelivery Logs-
Contract Drawings and Specifications with Addenda Clearly Posted on Drawings
Warranties and Guarantees
Cost Accounting Records:
Sales Tax Recovery Status Report
Labor Costs
Material Costs
Subcontractor Payment Exception Report
Equipment Costs
Cost Proposal Requests
Payment Request Records
Meeting Minutes
Cost- Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Purchase Orders
Matcrial Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Corrcspondence Files
Transmittal Records
Inspection Reports
Bid/Award Information
Bid Analysis and Negotiations
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding Requirements
Project Manual
RFI/RFP Logs and Entrics
The project records shall bc availablc at all times to the County and Architcct-Engineer for
reference or review.
(12) County Occupancy - The Construction Manager shall provide scrvices during thc design and
construction phases, which will provide a smooth and successful County occupancy of the
project. Hc shall provide consultation and project management to f~1Cilitatc County occupancy
and provide transitional services to get the work, as completed by the contractors, "on line" in
such conditions as will satisfy County operational requirements.
Hc shall conduct the Construction Managcr's preliminary punch list inspection and coordinatc
the completion of all punch list work to be donc with Owner occupancy requirements in mind.
13
He shall catalog operational and maintenance requirements of equipment to be operated by
maintenance personnel and convey these to the County in such a manner as to promote their
usability. He shall provide operational training, in equipment use, fix building operators.
He shall secure required guarantees and warranties, assemble and delivcr same to the County in
a manner that will 1~1cilitate their maximum enforcement and assure their meaningful
implcmentation.
He shall continuously revIew As-Built Drawings and mark up progress prints to provide as
much accuracy as possible.
'rhe County will not occupy or take control of the projcct until the above items discussed in this
paragraph have been completed and the "Substantial Completion", "Start-Up", "Rccord
Drawing", and "Warranty" rcquirements specified in paragraphs 2.4( 10)(h), 2.4( I O)(j),
2.4(10)(k), and 2.4(13) have been completcd to the County's satisLlction excluding the
requirements for a warranty inspection nine months after Owner Occupancy.
(13) - Where any work is performed by the Construction Manager's own forces or by
subcontractors undcr contract with the Construction Manager, the Construction Manager shall
warrant that all materials and equipment included in such Work will be new except where
indicated otherwisc in Contract Documcnts, and that such Work will be of good quality, free
from improper workmanship and defective materials and in conformance with the Drawings
and specifications. With respect to the same Work, the Construction Manager further agrees to
correct all work found by the County to be defective in matcrial and workmanship or not in
confornJance with the Drawings and Specifications for a period of one year from the Date of
Substantial Completion or for such longer periods of time as may be set forth with respect to
specific warranties contained in the trade sections of the Specifications. The Construction
Manager shall collect and deliver to the County any specific written warranties given by others
as required by the Contract Documents. Also, the Construction Manager shall conduct, jointly
with the County and the Architect-Engineer, a warranty inspection nine (9) months after the
date of Owner Occupancy.
ARTICLE 3
COUNTY'S RESPONSIBILITIES
3.1 County's Information - The County shall provide full information regarding its requirements for the
projcct.
3.2 County's Rcpresentative - The Director of Facilities Development shall be fully acquainted with the
project and shall define the lines of Owner authority to approve Project Construction Budgets, and
changes in the Project. lIe shall rcnder decisions promptly and furnish information expeditiously.
3.3 - The County shall retain an Architect-Engineer for design and to
prepare constmction documcnts for the project. The Architect-Engineer's services, duties and
responsibilities are described in the Agreement between the County and the Architcct-Engineer, a
copy of which will be furnished to the Construction Manager. The Agreement betwcen the County
and the Architect-Engineer shall not be modified without written notification to the Construction
Manager.
3.4 Site Survey and Reports - Thc County shall provide all surveys describing the existing physical
characteristics, soil reports, and subsurf~Jce invcstigations, legal limitations, utility locations, and a
legal description.
3.5 Approvals and Easements l'he County shall pay for necessary approvals, easements, and
assessments. (See Article 4 for permits)
3.6 Legal Services - The County shall furnish such legal services as may be nccessary for providing thc
items set forth in Article 3.5 and such auditing services as it may require.
3.7 Drawings and Specifications The County shall direct the Architect-Engineer to provide thc
Construction Manager with an electronic set of all Drawings and Specifications.
3.8 Cost of Surveys & Rcports Thc services, information, surveys and reports required by the above
paragraphs shall be furnished with reasonablc promptness in accordance with the approved schedule at
the County's expcnse, and the Construction Manager shall be entitled to rely upon the accuracy and
14
completeness thereof.
3.9 Proiect Fault Defects If the County becomcs aware of any fault or dcfect in the Project or non-
conformance with the drawings and specifications, the County shall givc prompt written notice thcreof
to the Construction Manager and Architect-Engincer in written form.
3.10 Funding - 'fhe County shall furnish in accordance with the establishcd schedule, reasonable evidence
satisfactory to the Construction Manager that sufficient funds will be available and committed for the
cost of each part of the Project. The Construction Manager shall not commence any work, unless
authorized in writing by the County.
3.11 Lincs of Communication - 'fhe County and Architect-Engincer shall communicate with the
subcontractors or suppliers only through thc Construction Manager while such method of
communication is effectivc in maintaining project schedules and quality.
3.12 Lines of Authority - Thc County shall cstablish and maintain lines of authority for its personnel and
shall provide this definition to the Construction Managcr and all other affected partics.
3.13 Pcrmitting & Codc Inspections - The County recognizes and coordinates with thc Pcrmitting Authority
and expects the Construction Manager to do the same.
3.14 Threshold Inspection If required, the County will contract separately with the Architect-Engineers,
structural engineer or other certified firm to develop and implement threshold inspection activities in
compliance with State regulations
ARTICLE 4
PERMITTING AND INSPECTION
Before Construction can begin, the Construction Manager or the Architect-Engineer, as applicable, shall obtain
all necessary permits. In addition, construction will be inspectcd for code compliancc, compliance with drawings
and specifications by inspectors working for the Permitting Authority. The building permitting and code
inspcction requirements shall be as describcd in Articles 4.1 through 4.2 hereinaftcr.
4.1 Building Permits - The Construction Manager is obligated to obtain and pay for building permits fl-om
all authorities for construction of this County Incility.
In the case of plumbing, electrical, other internal system pcrmits and connection penllits, the
Construction Manager or appropriatc subcontractor is obligated to obtain such permits and pay such Ices.
The Construction Manager shall determine the permits and Ices required by any entity having
jurisdiction over any part of the project and shall include the cost of all such permits as a direct cost item.
4.2 Codc Inspcctions - All projects will require dctailed code compliance inspections by the local authorities
with jurisdiction over the area in which the project is located. The disciplincs normally include, but are
not necessarily limitcd to, structural, mechanical, elcctrical, plumbing and general building. T'he
contractor shall make all permits, drawings, specillcations, previous inspection reports, and change
documents available to Code Inspectors. The contractor shall provide a copy of each inspection report to
the Architect/Engineer in a timely bshion.
ARTICLE 5
SUBCONTRACTS
5. - A subcontractor is a pcrson or organization who has a direct contract with the
Construction Manager to perfC)fJll any of the work at the site. Nothing contained in the Contract
Document shall create any contractual relation between the County or Architect-Engineer and any
subcontractor.
5.2 Proposals - Subject to Article 9 and, in accordancc with Article 2.4(4), the Construction Manager shall
request and receive proposals from subcontractors and suppliers and will award those contracts to the
most responsive biekler after he has reviewed each proposal for compliancc with the bid package and
is satisfied that the subcontractor is qualified to perform the work.
5.3 REQUIRED SUBCONTRACTORS' QUALIFICATIONS ANI) SUBCONTRACT CONDITIONS
5.3.1 Subcontractual Relations - By an appropriate written agreement, the Construction Manager shall
15
require each subcontractor to the extent of the work to be performed by the subcontractor, to be bound
to thc Construction Manager by the terms of the Contract Documents, and to assume toward the
Construction Manager all the obligations and rcsponsibilities which the Construction Manager by
these Documents, assumes toward the County and the Architect-Engineer. Said agreements shall
preserve and protect the rights of thc County and Architect-Engineer under the Contract Documents
with respect to the Work to be performed by thc subcontractor so that the subcontracting thereof will
not prejudice such rights. Where appropriate, the Construction Manager shall require each
Subcontractor to enter into similar agreements with any Sub-subcontractors.
The Construction Manager shall make available to each proposed Subcontractor, prior to the execution
of the Subcontract, copies of the Contract Documents to which the Subcontractor will be bound by this
Article 5.3 and identify to the Subcontractor any terms and conditions of the proposed Subcontract
which may be at variance with the Contract Documents. Each Subcontractor shall similarly makc
copies of such Documents available to any Sub-subcontractor.
5.3.2 Subcontract Requirements
(J) On all subcontracts wherc the bid exceeds One Hundred Thousand Dollars ($ 100,000) the
Construction Manager may rcquire subcontractors to provide a one hundred (100) percent
performance bond and a one hundred (100) pcrccnt labor and material payment bond from a surcty
company authorized to do business in the State of J-'lorida by the Department of Insurance. If the
Construction Manager wishes to award subcontracts to Subcontractors unable to supply this bonding,
he may request special authorization to do so. Upon providing justifiable background information,
such authorization shall not be withheld unrcasonably and shall be in writing.
(2) On all subcontracts where the bid exceeds Two Hundred Thousand Dollars ($200,000), each
subcontractor must submit a completed experience questionnaire and financial statement on the form
entitled "Experience Questionnaire and Construction Manager's Financial Statcment" F0l111 #DBC-
5085, or equivalcnt j~mn supplied by Construction Managcr.
(3) Subcontractor experience The subcontractor must have successfitlly completed no less than two
projects of similar size and complexity within the last five years.
(4) Supervision The subcontractor must agree to provide field (on-site) supervision through a named
supcrintcndent for each trade (general concretc f()rming and placement, masonry, mechanical,
plumbing, clectrical and roofing) included in the subcontract. In addition, the subcontractor shall
assign and name a qualified employce f~)!" scheduling direction I()r its work. The supervisory
employees of thc subcontractor (including field superintendent, foreman and schedulers at all levels)
must have been employed in a supervisory (leadership) capacity of substantially equivalcnt level on a
similar project f()r at least two years within the last five years. The subcontractor shall include a
rcsumc of experience for each employee identified by him to supervise and schedule his work.
(5) All subcontracts shall provide:
a. LlMITATION OF REMEDY NO DAMAGES FOR DELAY
That the subcontractor's exclusive remcdy for delays in thc performance of the contract caused
by events beyond its control, including delays claimed to be caused by the County or Architect-
Engineer or attributablc to thc County or Architect-Engineer and including claims based on
breach of contract or negligence, shall be an extension of its contract time.
In the event of a change in thc work the subcontractor's claim f()r adjustments in the contract
sum arc limited exclusively to its actual costs for such changes plus no more than 15'% for
ovcrhead, profit and bond costs.
Each subcontract shall require the subcontractor to expressly agree that the f()regoing constitute
the sole and exclusive remedies l~)r delays and changes in the work and thus eliminatc any
othcr remedies for claim f()l" incrcase in the contract price, damages, losses or additional
compensation.
b. Each subcontract shall require that any claims by subcontractor for delay or additional cost
must be submitted to Construction Manager within the timc and in the manncr in which thc
Construction Manager must submit such claims to the County, and that f~lilure to comply with
thc conditions for giving notice and submitting claims shall result in the waiver of such claims.
5.4 Responsibilities for Acts and Omissions - The Construction Managcr shall be rcsponsible to the
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County for the acts and omissions of its employees and agents and its subcontractors, their agents and
employecs, and all other pcrsons performing any of the work or supplying materials under a contract
to the Construction Manager. The Construction Manager and the County agree that should the
duration of the construction stipulated herein for Final Completion extend beyond Elevcn (1 1) months
after the receipt of final drawings and specifications, rcceipt of all necessary permits and issuance of
the Notice-To-Proceed, due to no l~lUlt of the County and due to acts or omissions on the part of thc
Construction Manager, its cmployees or agents, or its subcontractors, or their employees or agents or
all other persons performing any of the work or supplying materials under contract to the Construction
Manager, then the appropriate amount of liquidated damages are 'fwo Thousand dollars ($,2,000) per
working day for cach day or portion therof.
5.5 Subcontracts to be provided. The Construction Manager shall include a copy of each subcontract,
including the general supplementary conditions, in thc project manual.
ARTICLE 6
SCHEDULE, TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
6. I At the time a Guaranteed Maximum Price (GMP) is established, as providcd for in Article 7, a project
substantial completion date, a project final completion date and a County Occupancy date for
completion of the project in accordance with the master project schedule, shall also bc established by
the Construction Team. The Construction Managcr agrees to complctc the construction in accordance
with the agreed upon substantial completion date, final completion date and County Occupancy date.
'l"he Construction Manager acknowledges that failure to complete the project within the construction
time set forth in the approved schedule may result in damages to the County for all of which damages
the Construction Manager shall be liable pursuant to article 5.4. Upon good cause being shown by the
Construction Manger, the County may reducc or waive liquidated damagcs.
6.2 The date of County Occupancy shall occur as described in Article 2.4(12) hereinabove. Warrantics
called for by this Agreement or by the Drawings and Specifications shall commence on the Date of
Owner Occupancy of the project or of any portion of the project as applicable.
ARTICLE 7
GUARANTEED MAXIMUM PRICE FOR CONSTRUCTION
7.1 When the Design Development Documents are sufTiciently complete to cstablish the scope of work for
the project or any portion thereof~ as generally defined by a design document listing to be provided by
the Architect-Enginecr and Construction Manager upon execution of this Agreement, which is to be
used only as a guide in developing thc specifications and plan data necessary to establish a Guarantced
Maximum Price, or at such time thcreafter designated by the County, thc Construction Manager will
establish and submit in writing to thc County for approval a Guaranteed Maximum Price, guaranteeing
the maximum price to thc County, for the construction cost of thc project or designatcd part thereof.
Such Guaranteed Maximum Pricc will be subject to modification for changes in thc project as
provided in Article 10. Howcver, the actual price paid for the work by the County shall be the actual
cost of all work subcontracts, supply contracts, direct labor costs, direct supervision costs, and direct
job costs as defined under Article 9, plus the Construction Managcr's fces or the GMP, whichever is
less whcn thc work is complcte.
7.2 The GMP will only include those taxes in the cost of the project which are legally enacted at the time
the GMP is established.
7.3 When the project is bid and one hundred (100) percent of the Tradc Contracts have been executed, the
contingency within the GMP may be decreased in proportion to the percent of the work completed. In
other words, if ten (10) percent of thc work has been completed and the Owner rcquests that the
contingency within the GMP bc adjusted, then ten (10) perccnt of the contingency within the GMP
will be removed from thc GMP by change order.
7.4 At the time of submission of a Guarantecd Maximum Price, the Construction Manager will verify the
time schedule for activitics and work which were adopted by the Construction Team and used to
determine the Construction Manager's cost of work. In addition to the cost of work, a GMP will
include an agreed upon sum as the construction contingency which is included for the purposc of
defraying the expenses due to unforeseen eircumstances relating to construction. The Construction
Manager will be required to furnish documentation evidencing cxpenditures charged to this
contingcncy prior to the releasc of funds by the County. Documentation for use of the Contingency
shall be determincd by thc Construction Team, included in the Project Manual and displayed monthly
in the PMIS. Thc Architect-F':ngineer shall verify the actual costs. If bids are received below the
17
applicable line items in the GMP, the surplus will be added to the contingency.
If bids rcccived are two (2) pcrcent or greater above the applicable line item in thc GMP the
Construction Manager shall seek approval in writing limn the County bcfore they are accepted; if the
bids received are below two (2) percent the deficiency will be takcn from the contingency, however
such events shall not be cause to increase the GMP.
If bids are not received for a portion of the work at or below the applicable line item amount in the
GMP, the Construction Manager rcserves the right to perform that portion of the work as
acknowledged by the County or ncgotiate for its performance for the specified line item lump sum
amount or less.
ARTICLE 8
CONSTRUCTION MANAGER'S FEE
8. I In consideration of the performance of the contract, the County agrees to pay thc Construction
Manager as compensation for his scrviccs, lees as set forth in Subparagraphs 8.1. I, 8. 1.2 and 8. I .3.
8. I. I Preconstruction Phase Fee - For the performance of the services set forth under paragraphs 2. I .3(1),
2. I .4(a)(b)( c)(d), 2.3( 1) and 2.3(2) and for profit and overhead related to thesc services, a total fee of
Sixty Five Thousand Dollars ($65,000). The Preconstruction Phase Fee shall be invoiced and paid
with an initial monthly payment of Twenty Five Thousand Dollars ($25,000) followed by two (2)
equal monthly payments of Twenty Thousand Dollars ($20,000) in accordance with the Florida
Prompt Payment Act, F.S. 2 I 8.735. -l"he first monthly payment shall bccome due following proper
invoicing and the issuance of Notice-To-Proceed with the Preconstruction Phasc Scrvices.
The Construction Manager's personnel to be assigned during this phase and their duties and
responsibilities to this project and the duration of their assignments are shown on Exhibit F.
8. 1.2 Construction Phase Fee Prior to commenccment of the Construction Phase, the County will direct the
Construction Manager in writing to proceed into the Construction Phasc. The Construction Manager's
compcnsation for work or services performed during the Construction Phase shall be a fee of Six
Hundred Fifty Thousand ($650,000). (However, the County rctains the right to review the necd and
effectivencss of any employee or employees assigned by the Construction Manager, should the Project
Director question the need for the employee or employees). The Construction Phase Fee shall be
invoiced and paid in Ten (10) monthly payments of Sixty Thousand Dollars ($60,000) cach and one
final monthly payment of Fifty Thousand Dollars ($50,000) in accordance with the Florida Prompt
Payment Act F.S. 218.735. The Construction Phase Fee monthly payment amount may be adjusted by
mutual agreement. The first monthly payment shall bccome due following the issuancc of the first
Construction Authorization by the Project Director and the final monthly payment shall be paid only
when construction of the project is finally completed and occupancy of the projcct accepted by the
County. If construction is authorizcd only f(Jr a part of the project, the fee paid shall be proportionate
to the amount of work authorized by the County.
(I) Construction Manager's Exclusive Remedy: In the event the construction Substantial or Final
Completion date is extcndcd, regardlcss of whether delay is caused by any act or neglect of the
County or the Architect-Engineer, or is attributable to the County or the Architect-Engineer, the
Construction Manager's sole and exclusive remedy is an extension of the construction
completion date and payment of additional Construction Phase fees and Overhead and Profit
for Construction Phase as provided by Articles 10 and 16.
(2) - The following are included in the Construction Manager's
fcc for services during the Construction Phase:
(a) Salaries or other compensation of the Construction Manager's employees at his principal
olIice and branch offices.
The Construction Manager's personnel to bc assigned during the construction phase,
their duties and responsibilitics to this project and the duration of their assignments are
shown on Exhibits H and I.
(b) The costs of all data proccssing staff
(c) Salaries or other compensation of the Construction Manager's employees at the job site.
The Construction Manager's personnel to be assigned to the site during the Construction
18
Phase under the job site management and supervision fee, their duties and
responsibilities and the duration of their assignmcnt are shown on Exhibit I.
(d) General operating expenses incurred in the management and supervision of thc projcct,
except as expressly included in Articlc 9.
(e) Those scrvices set forth in Article 2.4(9)(a).
(J) Job otTiee supplies - includes paper, pencils, paper clips, file folders, staples, etc., and
janitorial supplics (photo copy or blue print paper not included).
(g) Direct tax saving purchase program.
8.1.3 Overhead And Profit For Construction Phase - For overhead, profit and general cxpenses of any kind,
except as may be cxprcssly included in Article 9, for services provided during and related to the
construction phasc, the fee shall be Three Hundred Fifty Seven Thousand Fivc Hundred Dollars
($357,500) and shall be paid proportionally to the ratio of the cost of the work in placc, and less
retainage (see Article 12.1), as it relates to thc GMP. The balance of the fee shall be paid when
construction of the project is finally completed and occupancy of the project is accepted by the
County. If construction is authorized only for a part of the projcct, the fee paid shall be proportionate
to the amount of work authorized by the County.
ARTICLE 9
COST OF THE PROJECT
9.1 Definition - The term Cost of thc Projcct shall mean costs necessarily incurred in the Project during
the Construction Phase for Construction services and paid by the Construction Managcr which is not
included in Article 8. Such costs shall include the items set forth bclow in this Article.
The County agrees to pay the Construction Manager for the Cost of the Project as defined in Article 9.
Such payment shall be in addition to the Construction Managcr's fees stipulated in Article 8.
9.2 Direct Cost Items
(1) Wages paid for labor (as opposed to wages paid to management or supervisory personnel) in
the direct employ of the Construction Manager in the performancc of his work under this
Agreement times a multiple of 1.5 to cover fringe benefits. Thc multiplier may be adjusted as
applicable as agreed between the parties.
(2) Cost of all materials, supplies and equipment incorporated in the Project, including costs of
transportation and storage thereof.
(3) Payments due to subcontractors from the Construction Managcr or made by the Construction
Manager to subcontractors for their work performcd pursuant to contract under this Agrcement.
(4) Cost including transportation and maintenance of all materials, supplics, equipment, temporary
facilities and hand tools not owned by the workmen, which are employed or consumed in thc
perfemmmce of the work.
(5) Rental charges on all necessary machincry and equipment, exclusive of hand tools used at the
site of the Project, whether rented from thc Construction Manager or other, including
installation, repairs and replacements, dismantling, removal, costs of lubrication, transportation
and delivery costs thcreoI~ which are used in the support of a sub-contractor or the Construction
Manager's own forces in the perfcxmance of the work, at rental charges consistent with those
prevailing in the area.
(6) Cost of the premiums for all insurance and cost of premiums Ie)r all bonds which the
Construction Manager is required to procure by this Agreement specifically Ielr the construction
project. This includes any sub-contractor bonds thc Construction Manager deems appropriate.
(7) Sales, use, gross receipts or similar taxes related to allowable direct costs of thc Project
imposed by any governmental authority, and for which the Construction Manager is liablc.
(8) Thc cost of corrective work subject, however, to the GMP and except for any corrective work
made necessary bceause of defcctive workmanship or other causes contributed to by thc
19
Construction Manager or his subcontractors or suppliers.
No costs shall be paid by the County to thc Construction Manager f()r any expenscs made
neeessary to correct dcfective workmanship or to correct any work not in conformance with the
Plans and Specifications or to corrcct any defieiency or damage caused by negligent acts by the
Construction Manager.
(9) Minor expenses at the sitc, such as telegrams, long distance telephonc calls, tclephone service,
expressage, postage, and similar petty cash items in connection with the Project to be billed at
cost.
(10) Costs for trash and debris control and removal from the site.
(I I) Cost incurred due to an emergency afTccting the safcty of persons and property.
(12) Legal costs and fees reasonably and properly rcsulting from prosecution of thc Project for the
County, including handling claims for changcs by Subcontractors and Vendors, subject to the
following limitations:
(a) The County approvcd incurnng such costs in advance, which approval shall not be
unreasonably denied; and
(b) The legal costs and fees wcre not incurred as result of the Construction Manager's own
negligcnce or def~tult.
This paragraph does not provide f()r payment of legal costs and fees incurred in preparing or
asserting claim or requests, by Construction Manager himself or f()r his legal representative, for
change orders or in enforcing the obligations of this contract.
(13) If requested by the County, the Construction Manager will perf()fm all or a portion of any item
in Article 9 f()r the cost of the work.
( 14) If approved by the County, thc Construction Manager, when qualified, may 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 thc work.
( 15) Transportation greater than a hundred (100) milcs from the site t()r those personnel cmployed
directly for the project. Such transportation must be approved in advancc by the County, and
may be in accordancc with the Construction Manager's standard personnel policy but not
exceeding the limits established by Florida Statutes 112.061.
(16) Costs of all reproductions used f()r bidding or in!()rmation purposes required by the project to
dircctly bcnefit the project.
(17) Costs !()r watchman and security services for the project.
(18) Costs f()r efficient logistical control of the site, including horizontal and vertical transportation
of materials and personnel. Also, costs f()r adequate storage and parking space.
(19) Costs for such temporary facilities during construction, as approved by the County, including
temporary water, heat, power, sanitary facilities, telephones, radios and computers with
software.
(20) Costs !()r any job site items not rcferenced herein, not normally provided by the subcontractors,
which will be provided by thc Construction Manager as required to complete the work.
(2 I) Cost of utilizing a computer aided design and drafting application (CADD) f()r record drawings
as described in Article 2.4( I O)(k). Upon completion of thc work, the Construction Manager
shall furnish record drawing inf(mnation to the Architect-Engineer. 'The Architect-Engineer
shall record all as-built conditions on disk and shall f()rward a copy of the disk together with a
set of bluc line or black line prints to the County.
(22) Costs fix independent tcsting and resulting documcntation pursuant to Article 2.4(9)(b) I.
(23) Costs of security background checks pursuant to Article 17.7. I.
20
10.1
10.1.1
10.1.2
10.1.3
10.1.4
10.1.5
10.2
ARTICLE 10
CHANGE IN THE PROJECT
Change Orders The County, without invalidating this Agreement, may ordcr Changes in the Project
within the gcneral scope of this Agreement consisting of additions, deletions or other revisions, the
GMP, and the Construction Completion Datc, bcing adjusted aecordingly. All changes in the Project
not covered by an authorized contingency shall be authorized by written Change Order signed by the
County. 'rhe County Administrator shall be authorized to sign all Change Ordcrs not exceeding
'rwenty five Thousand Dollars ($25,000). Change Orders which exceed Twenty Five Thousand and
One Dollars ($25,00 I) shall be approved by the Board of County Commissioners.
A Change Order is a written order to the Construction Manager signed by the County issued after the
execution of this Agreement, authorizing a Change in the Project, the Construction Manager'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 Projcct.
The inerease or dccrease in the Guaranteed Maximum Price rcsulting from a changc in the Project
shall be dctermined in onc or more of the f()llowing ways:
(1) by mutual acceptancc of a lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation by the Architect-Engineer and the County;
(2) by unit prices stated in the Agrcement or subsequently agreed upon;
(3) by cost as defined in Article 9 and a mutually acceptable fixed or percentage fec; or
(4) by the method provided in Subparagraph 10.1.3.
If none of the methods set forth in Clause 10.1.2 is agreed upon, the Construction Manager, provided
he receivcs a written order signed by the County, 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 Architect-Engineer will establish an estimated cost of the work and the
Construction Manager shall not pert<:mn any work whose cost exceeds that estimate without prior
written approval by the County. In such case, and also under Article 10.1.2 above, the Construction
Managcr shall kcep and present, in such form as the County may prescribe, an itemized accounting
to.gether with appropriate supporting data of the increase in the Cost of the Project as outlined in
Article 9. The amount of deerease in the Guarantecd Maximum Price to be allowed by the
Construction Manager to the County !<:)r any deletion or change which results in a net decrease in cost
will be the amount of the actual net decrease.
If unit prices are stated in the Agreement or subscquently agrced upon, and if the quantities originally
eo.ntemplated are so changed in a proposed Change Order that application 0.1' the agreed unit prices to
the quantities of Work proposed will cause substantial inequity to the County or the Construction
Managcr, thc applicable unit prices and Guarantecd Maximum Price shall be equitably adjusted.
Should concealed conditions encountered in the per!:cmnance of the Work below the surface of thc
ground or should concealed or unknown conditions in an existing structure be at variance with thc
conditions indicated by thc Drawings, Specifications, or County furnished information or should
unknown physical eonditions bclow 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 and generally recognized as inherent in work of the character provided f()r in this
Agreement, be encountered, the Guaranteed Maximum Price and the Construction Completion date
shall be equitably adjusted by Change Order upon a requcst f<:)r Change Order in accordance with
Article 10.2.
Claims f<:)r Additional Cost or Timc
All claims f()r additional cost or time shall be made by request f()r a change ordcr submitted as
provided in Article 16.
If thc Construction Manager is delaycd at any time in the progrcss of the work by any act or omission
of the County or the Architcct-F:ngineers or of any employce of the County or by any changes ordcred
in the work by labor disputes, firc, or unusual delay in transportation, unavoidable casualties or any
causes beyond the Construction Manager's control or by delay authorized by the County pcnding
21
resolution of disputes, and such delay extends the completion date, the Substantial Completion shall
be extended by Changc Order for such reasonable time as the Construction 'ream may determine.
Only delays which are detcrmined to extend the critical path for the schcdule for constructing thc
project will rcsult in a time extension. Neither the County nor thc Construction Managcr shall be
considered to own the schedule f10at time.
] 0.3 Changes in the Project
Thc Architect-Engineer will have authority to order minor changes in the Project not involving an
adjustment in the Guaranteed Maximum Price or an extension of the Construction Completion Date
and not inconsistent with thc intent of the Drawings and Specifications. Such changes shall be
effected by written order. Documentation of changcs shall be determined by thc Construction 'ream,
included in the Project Manua] and disp]aycd monthly in the PMIS. Any changes shall be approved
by the Project Director.
10.4 Emergencies
]n any emergency affecting the safety of persons or property, the Construction Manager shall act at his
discretion, to prevent threatened damage, injury or loss. Any increase in the Guarantecd Maximum
Price or extension of time claimed by the Construction Managcr on account of cmergency work shall
be dctermined as provided in Article] O.
ARTICLE 11
DISCOUNTS AND PENALTIES
1 ] . ] All discounts for prompt payment shall accrue to the County to the extent the Cost of the project is
paid directly by the County. To the extent the Cost of the Project is paid with funds of the
Construction Manager, all cash discounts shall accrue to the Construction Manager. All trade
discounts, rcbates and refunds, and all returns from sale of surplus materials and equipment, shall be
credited to the Cost of the Project. All penalties incurred due to fault of the Construction Manager for
late payment of cost of the project will be paid by the Construction Manager.
ARTICLE 12
PAYMENTS TO THE CONSTRUCTION MANAGER
] 2. I Monthly Statements The Construction Manager shall submit to the County a statement, sworn to if
required, along with the cost reports required under Article 2.1.5, showing in detail all monies paid
out, cost accumulated or costs incurred on account of the Cost of the Project during the previous
period and the amount of the Construction Manager's fees due as provided in Article 8. Ten percent
(10'%) retainage shall be hcld on all payments until the contract is fifty percent (50'%) complcte, except
whcn approved by the County certain suppliers and subcontractors may be paid the entire amount duc
when such payment is generally the practice of the industry. At fifty percent (50'%) completion, the
County may approve a reduction of the retainage from ten pcrcent (10'%) to five percent (5'%) at its
discretion. Retainage shall not be withheld on services or fces set forth in Article 8. The Construction
Manager's Design Phase F.'ee, Construction Phase Fec and Overhead & Profit shall be shown as
separate line items on the Schedule of Contract Values.
12.2 Fina] Payment - Final payment constituting the unpaid balance of the Cost of the Project and the
Construction Manager's fee, shall be duc and payable as described in Article 17.6 after the County has
accepted occupancy of the project, provided that the Project be then finally completed, that the
Construction Manager has verificd by his signature that he has completed all items specified on the
attached K, and that this Agreemcnt has been finally performed. However, if thcre should remain
work to be completed, the Construction Manager and the Architect-Engineer shall list those itcms
prior to receiving final payment and the County may rctain a sum equal to two hundred perccnt
(200'1"(,) of the estimated cost of completing any unfinished work and portion of thc Construction
Manager's retainagc, provided that said unfinished items are ]istcd separately and the estimated cost of
completing any unfinished items are likewise listed separately. The estimated cost of completing any
unfinished work shall be determined by the Architect-Engineer and approved by the County.
Thereafter, the County shall pay to Construction Manager, monthly, the amount retained for each
incomplete itcm after each of said items is completed.
] 2.3 Payments to Subcontractors - Thc Construction Manager shall promptly, within fiftecn (] 5) clays after
receipt of payment from thc County, pay a]] the amount clue subcontractors less a retainage of ten
pcrcent (10';;',) until the projcct is fifty pcrccnt (50%) complete, and basecl on Construction Manager's
22
cvaluation of the subcontractor's acceptable performance, thc County may approve a reduction in
retainage !i.om ten percent (l0'%) to five percent (5%,) thereafter. If there should remain items to be
completed, the Construction Manager and Architect-Engineer shall list those items required for
completion and the Construction Managcr shall require the retainage of a sum equal to two hundred
percent (200'%) of the estimated cost of completing any unfinished items, provided that said
unfinished items are listcd scparately and the estimated cost of completing any unfinished items
likcwise listed scparately. The estimatcd cost of completing any unfinished work shall be determined
by the Architect-Engineer and approved by the County. Thereafter, the Construction Manager shall
pay to the subcontractors, monthly, the amount retained for each incomplete item alter each of said
items is completed. Before issuance of final payment without any retainagc, thc subcontractor shall
submit satisfactory evidence that all payrolls, material bills and other indebtedness connected with thc
Project have been paid or othcrwise satisfied, warranty information is complete, as-built markups have
been submitted and instruction for the County's operating and maintcnance personnel is complete.
Final payment may be made to ccrtain select subcontractors whosc work is satisfactorily completed
prior to the total completion of the Project but only upon approval of the County.
12.4 Dclayed Payments by Owner - If the County should fail to pay the Construction Manager within thirty
(30) days after thc receipt of an approved payment request from the Construction Manager, then the
Construction Manager may, upon scven (7) additional days written notice to the County and the
Architect-Engineer stop the Project until payment of thc amount owing has been received.
Approval of payment requires that application f:Clr payment shall bc made by the Construction
Manager and is thcn reviewed and signed by the Construction Manager, Architect-Engineer, the
Director of Facilitics Developmcnt, the County Enginecr, and the County Administrator. The thirty
(30) days above begins to run on the date of the last signature.
12.5 Pavments for Materials and Equipment - Payments will be made f:c)r material and equipment not
incorporated in the work but delivered and suitably stored at the site or another location subject to
prior approval and acceptance by the County on each occasion.
12.6 Withholding Payments to Subcontractors The Construction Manager shall not withhold payments to
subcontractors if such payments have been made to the Construction Manager. Should this occur for
any reason, the Construction Managcr shall immediately return such monies to the County, adjusting
pay requests and project bookkeeping as required.
ARTICLE 13
INSURANCE, INDEMNITY AND WAIVER OF SUBROGATION
13.1 Indemnitv
Notwithstanding any minimum insurance rcquirements prescribed elsewherc in this agreemcnt, 'rhe
Construction Manager shall defend, indemnify and hold the County and thc County's elected and
appointcd officers and employces harmlcss from and against (i) any claims, actions or causes of
action, (ii) any litigation, administrativc proceedings, appellate proceedings, or other proccedings
relating to any type of injury (including death), loss, damage, finc, penalty or business interruption,
and (iii) any costs or expenses (including, without limitation, costs of rcmcdiation and costs of
additional security measures that the Federal Aviation Administration, the Transportation Security
Administration or any other governmental agency requires by reason of, or in conncction with a
violation of any federal law or regulation, attomeys' fees and costs, court costs, fines and penalties)
that may be asscrted against, initiated with respect to, or sustained by, any indemnificd party by reason
of, or in connection with, (A) any activity of the Construction Manager or any of its employees,
agents, contractors, subcontractors or othcr invitees, (B) the negligence or willful misconduct of the
Construction Manager or any of its cmployees, agents, contractors, subcontractors or othcr invitees, or
(C) thc Construction Manager's default in rcspect of any of the obligations that it undertakes under the
tenns of this agrcement, except to the extcnt the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or solc negligent acts or omissions of the
County or any of its employces, agents, contractors or invitees. Insofar as the claims, actions, causes
of action, litigation, proccedings, costs or expenses rclate to events or circumstanccs that occur during
the term of this agreement, this section will survive the cxpiration of the term of this agreement or any
earlier termination of this agreement. The Construction Manager hcrcby acknowledges rcceipt of one
hundred dollars and other good and valuable considcration as part of his fee in cxchange for giving the
Owner the indemnification provided above.
23
13.2 Construction Manager's Insurance
(I) The Construction Manager shall not commence any construction work in connection with this
Agreemcnt until he has obtained all of the f()llowing types of insurance and such insurance has
been approved by the County, nor shall the Construction Manager allow any subcontractor to
commence work on his subcontract until all similar insurance required of the subcontractor has
been so obtained and approved. All insurance policies shall be with insurers qualified and
doing business in Florida.
(2) Worker's Compensation and Employers Liability lnsurance - The Construction Manager shall
take out and maintain during the life of this Agreement Workcr's Compensation Insurance for
all his employees connectcd with the work of this Project and, in case any work is sublet, the
Construction Manager shall require the subcontractor similarly to provide Worker's
Compensation Insurancc for all of the latter's employees unless such employees arc covered by
the protection afforded by the Construction Manager. Such insurance shall comply with the
Florida Worker's Compensation Law. In case any class of employees engaged in hazardous
work under this contract at the site of the Project is not protected under the Worker's
Compensation statute, the Construction Manager shall provide adcquate insurance, satisf~lctory
to the County, for the protection of employees not otherwise protected. The minimum limits of
such insurancc shall be:
(a) Part One Workers Compensation Statutory
(b) Part Two Employers Liability
Bodily Injury by Accident, each accident - $1,000,000
Bodily Injury by Disease, each employee $1,000,000
Bodily Injury by Disease, policy limit - $ 1 ,000,000
(3) Construction Manager's Public Liability and Property Damage Insurance-The Construction
Manager shall take out and maintain during the life of this Agrecmcnt Comprehensive General
Liability and Comprehensive Automobile Liability Insurance as shall protect him from claims
for damage for personal injury, including accidental death, as well as claims for property
damages which may arise from operating under this Agreement whether such operations are by
himself or by anyone directly or indirectly employed by him, and the amount of such insurance
shall be minimum limits as follows:
(a) Construction Manager's Comprehensivc General Liability $ I ,000,000 Each OcculTencc,
Coverages, Bodily Injury & Property Damage
(b) Automobile Liability Coverages,
Bodily Injury & Property Damage
$ I ,000,000 Each OcculTence,
Combined Singlc Limit
(c) Excess Liability, Umbrella Form
$ 1 0,000,000 Each Occurrence,
The terms and conditions of the Excess Liability and Umbrella Form coveragcs shall be no less
restrictive than those of the underlying Comprehensive General Liability and Automobile
Liability coverage's required above.
Coverage under (a), (b), and (c) shall be providcd on an occurrence basis unless otherwise
accepted by the county..
(4) Subcontractor's General Liability Insurance The Construction Manager shall rcquire each of
his subcontractors to procure and maintain during the lifc of this subcontract, insurance of the
type specified above with limits of liability acceptable to the Construction Manager and the
County.
(5) Owner's and Contractor's Protective Liability Insurance - The Construction Manager shall
procure as a cost of the project and furnish an Owner's and Contractor's Protcctive Liability
Insurancc Policy in the name of the County with the following limits:
(a) Bodily Injury Liability &
Property Damage Liability
$1,000,000 Each Occurrence
$ 1 ,000,000 General Aggregate
(6)
- The Construction Manager's Liability
24
Policy shall provide "XClJ" coverage under its general liability policy.
(7) Broad Form Property Damage Covcrage, Produets & Completed Operations Coverages The
Construction Manager's General Liability Policy shall include Broad Form Property Damage
Coverage, Products and Completed Operations Coverages.
(8) Contractual Liability Work Contracts - The Construction Managcr's Gencral Liability Policy
shall include Contractual Liability Coverage designed to protect the Construction Manager f~)r
contractual liabilities assumcd by the Construction Manager in the performance of this
Agreement.
(9) Certificate of Insurance The County shall be furnished proof of coveragc of Insurance as
follows:
Certificate of Insurance f~ml1 will be furnished to the County along with the Contract
Documents. . This Certificate shall be dated and show:
(a) l'he name of the insurcd Construction Manager, thc specific job by name and job number,
thc name of the insurer, the number of the policy, its effective date, and its termination
date.
(b) Certificate of Insurance shall be in the form as approved by Insurance Standards Office
(ISO) and such Certificate shall clcarly state all the coverages required in this Section
commencing at 13.2 and ending with 13.3.4.
(c) Certificate of Insurance shall state that the Monroe County Board of County
Commissioners is listed as additional insured on all policies except for Workers
Compensation.
13.3
13.3.1 Damages Caused by Perils Covered by Insurance The Owner and the Construction Manager waive all
rights against each other, as it rclatcs to the Insurance coverage listed in section 13.2. The
Construction Manager shall require similar waivers from all subcontractors and their sub-
subcontractors.
13.3.2 Loss or Damage to Equipment Covered by Insurance The County and Construction Manager waive all
rights against each other for loss or damage to any equipment used in connection with the Projcct and
covered by any property insurance. Thc Construction Manager shall require similar waivers from all
subcontractors and their sub-subcontractors.
13.3.3 Property and Consequential Loss Policies The County waives subrogation against the Construction
Managcr on all propcrty and consequential loss policies carricd by thc County on adjacent propcrtics
and under property and consequential loss policies purchased for thc Project aftcr its completion.
13.3.4 Endorsement of Policies If the policies of insurance referred to in this Article require an endorsement
to provide for continued coverage where thcre is a waiver of subrogation, the owner of such policies
will cause them to be so endorscd, failure to obtain proper endorscment nullifies the waivcr of
subrogation.
. 13.3.5 The County shall purchase and maintain builders all-risk insuranee on a
rcplacement cost basis and in an amount not Icss than one hundrcd perccnt (100'%) of the insurable
value of (i) the Work that is to be done, and (ii) all Insurable items of Work and materials to be
incorporated into the Work, title to which has been acquired by Owner in accordance with the General
Conditions, if such materials in or upon the Work. Not withstanding the I~)regoing, such insurance
shall not cover any property owned, leased, or otherwise used in connection with the Work by
Construction Manager, Construction Manager's Subcontractors or their respective agents or
employees. Such Builders' Risk Insurance shall provide protection against physical loss or damage
caused by the following perils: fire, lightning, windstorm, hail, explosion, riot, riot attending a strike,
civil commotion, aircraft, vehicles, smoke, vandalism, malicious mischief, sprinkler lcakage, theft,
water damage, including flood, and sprinkler leakage, and collapse. The County shall name thc
Construction Manager as an insured on the policy as the law and insurancc rcgulations allow. The
Construction Manager shall not bc subject to any deductiblcs on the policy.
25
ARTICLE 14
TERMINATION OF THE AGREEMENT AND OWNER'S RIGHT TO PERFORM CONSTRUCTION
MANAGER'S OBLIGATION
14.1 Termination by the Construction Managcr - If the Project is stopped for a period of thirty (30) days
under an ordcr of any court or other public authority having jurisdiction or as a result of an act of
govemment, such as a declaration of a national emergency making materials unavailable, through no
act or fault of the Construction Manager, or if the Project should be stopped for a period of sixty (60)
days by the Construction Manager, for the County's failure to make payments thereon, then the
Construction Manager may, upon sevcn days written notice to the County, request payment for all
work executed, the Construction Manager's fees carned to date, and for any proven loss sustained
upon any materials, cquipment, tools, construction equipment, and machinery, including rcasonable
profit, damages and tcrminal expenses incurrcd by the Construction Manager.
14.2 Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause.
(I) If the Construction Manager fails to perform any of his obligations under this Agreement
including any obligation he assumes to per!:<xm work with his own forces, the County may,
aHer seven (7) days written notice during which period the Construction Manager nlils to
commence correction of such obligation, make good such deficiencies. The GMP, or the actual
cost of the Projcct, whichevcr is less, shall be reduced by the cost to the County of making
good such deficiencies and the Construction Manager's Construction Phase Fee shall bc
reduced by an amount required to manage the making good of such deficiencies.
(2) If the Construction Managcr is adjudgcd a bankrupt, or if he makes a general assignment for the
benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if hc
persistcntly or repeatedly refuses or fails, except in case j~)r which extension of time is
provided, to supply cnough properly skilled workmen or propcr materials and fails to maintain
an established schedule (failure to maintain schedule shall be defined as any activity on the
critical path that falls forty five (45) days or more behind schedule) which has been adopted by
the Construction Team, or if he fails to make prompt payment to subcontractors for materials or
labor, or persistently disregards laws, rules, ordinances, regulations, or orders of any public
authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of
the Agrcement, then the County may, without prejudice to any right or remedy and after giving
the Construction Manager and his surety, if any, sevcn (7) days writtcn notice, during which
period Construction Manager fails to commence correction of the violation, terminate the
employment of the Construction Manager and take possession of the site and of all materials,
equipment, tools, construction equipment and machinery thereon owned by the Construction
Manager, and may finish the Projcct by whatever method thc County may dcem expedient. In
such case, thc Construction Manager shall not be entitled to receive any further payment until
the Project is finished nor shall he be relieved ji-om his obligations assumcd under Articlc 7.
Reasonable terminal expenses incuITed by the County may be deducted fi-om any paymcnts left
owing the Construction Manager (excluding monies owed the Construction Managcr fc)r
subcontract work).
(3) If the Construction Manager refuses to allow public acccss to all documents, papers, letters, or
other material subjcct to the provisions of Chapter 119, Florida Statutes, and made or received
by thc Construction Manager in conjunction with this Agreement, then thc County may,
without prejudice to any right or remedy and after giving the Construction Manager and his
surety, if any, seven (7) days written notice, during which pcriod Construction Manager still
hlils to allow access, terminate the employment of the Construction Manager and take
possession of the site and of all matcrials, equipment, tools, construction equipment and
machincry thereon, owned by the Construction Manager, and may finish the projcct by
whatever method the County may deem expedient. In such case, the Construction Manager
shall not be entitled to receive any further payment until the Project is finished nor shall he bc
rclicved fi"om his obligations assumed under Article 7. Reasonable terminal expenses incurred
by thc County may be deducted fi-om any payments left owing the Construction Manager
(excluding monics owed the Construction Manager jClr subcontract work).
14.3 Termination by Owner Without Cause
(I) If the County terminatcs this Agrecmcnt other than pursuant to Article 14.2(2) or Article
14.2(3), he shall reimburse the Construction Managcr fc)r any unpaid Cost of the Projcct due
him under Article 9, plus that part of the unpaid balance of the Construction Phase Fee in an
26
amount as will increase the payment on account of his fee to a sum whieh bears thc same ratio
to thc Construction Phase Fee as the Cost of the Project at thc time of termination bears to the
Guarantccd Maximum Price, if established, otherwise to the Owncr's Construction Budget. '1'he
County shall also pay to the Construction Manager fair compensation, either by purchasc or
rental at the election of the County, for any equipmcnt retained. In case of such termination of
Agreement the County shall further assume and become liable for obligations, commitments
and unsettled contractual claims that the Construction Managcr has prcviously undertaken or
incurred in good faith in connection with said Projcct. The Construction Manager shall, as a
condition of receiving the payments referred to in this Article 14, execute and deliver all such
papers and take all such steps including the legal assignment of his contractual rights, as the
County may require for the purpose of fully vesting in him the rights and benefits of the
Construction Manager under such obligations or commitments.
(2) After the establishment of the Guaranteed Maximum Price or at thc completion of the
Preconstruction Phase, if the final cost estimates or lack of adequate bonding capacity make the
Project no longer feasible from the standpoint of the County, thc County may terminate this
Agreement and pay the Construction Manager his proportionate fee due in accordance with
Article 8.1 plus any costs incurred pursuant to Articles 9 and 10.
ARTICLE 15
ASSIGNMENT AND GOVERNING LAW
15.1 Assignment Consent - Neither the County nor the Construction Manager shall assign his interest in
this Agrcemcnt without thc written consent of the other except as to the assignment of proceeds.
15.2 Governing Laws This Agreement shall bc governed by the Laws of the Statc of Florida applicable to
contracts made and to be performed entirely in the State of Florida.. In the event that any cause of
action or administrative proceeding is instituted for the enforcement or the interpretation of this
Agreement, the County and the Construction Manager agree that venue will Iic in the appropriate
court or before the appropriate administrative body in Monroe County, Florida.
ARTICLE 16
NOTICE OF CLAIM: WAIVER OF REMEDIES; NO DAMAGES FOR DELAY
16.1 Goveming Provisions - '1'he County's liability to Construction Manager for any claims arising out of or
related to the subject matter of this contract, whether in contract or tort, including, but not limited to,
claims for cxtcnsion of construction time, for payment by the County of thc costs, damages or losses
because of changed conditions under which the work is to be performcd, or for additional work, shall
be governed by the following provisions:
(a) All claims must be submittcd as a Request for Change Order in the manner as provided hercin;
(b) Thc Construction Manager must submit a Notice of Claim to the County and to the Architect-
Engineer within 20 days of when the Construction Manager became aware of the occurrence of
the event giving rise to the claim; and
(c) Within ten (10) days, or as agrced to othcrwise, of submitting its Notice of Claim, the
Construction Manager shall submit to the County its Request for Change Ordcr, which shall
include a written statement of all details of thc claim, including a description of the work
affected.
"The Construction Manager agrees that the County shall not be Iiablc fix any claim that the
Construction Manager fails to submit as a Rcquest for Change Order as provided in this
paragraph.
16.2 Written Determination of Claim - After receipt of a Request for Changc Order, the County, in
consultation with the Architect-Engincer, shall dcliver to the Construction Manager its written
determination of the claim. As to matters subject to the determination by final agency action (not
actions for breach of contract or tort) the County's written decision shall be final agency action unless
the Construction Manager requests an administrativc proceeding pursuant to Scction 120.57, Florida
Statutes, by filing a petition in compliance with Rule Chapter 28-106, F.A.C. within twenty-one (21)
days of the Construction Manager's receipt of the County's dctermination.
16.3 - I:or any work thc Construction Manager performs, the Construction
Manager's exclusive remcdy for delays in performancc of the construction causcd by events beyond its
27
control, including delays claimed to be caused by or attributable to the County or the Architect-
Enginecr, including claims based on breach of contract or negligence, shall be a claim submittcd in
compliance with ] 6.1 above, for an extension of thc schedulcd construction time. ]n thc cvent of a
change in such work, the Construction Manager's claim for adjustments in the contract sum are limited
cxclusively to its actual costs for such changes plus five and a half percent (5.5'%) for profit. The
Construction Manager expressly agrees that the j()rcgoing constitute its sole and cxclusive rcmedies
for delays and changes in such work, and eliminate any other remedies for claim for increase in the
contract price, delays, changes in the work, damages, losses or additional compensation.
ARTICLE 17
MISCELLAN EOUS
] 7.1 Harmony - Construction Manager is advised and hereby agrees that he will excrt evcry reasonable and
diligent effort to assure that all labor employed by Construction Manager and his Subcontractors for
work on the project shall work in harmony with and bc compatiblc with all other labor being uscd by
the Construction Manager and construction manager's subcontractors now or herca1ier on thc site of
the project.
Construction Managcr further agrees that this provision will be included in all subcontracts of the
Subcontractors as well as thc Constmction Manager'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-mcmbership in any labor union or labor organization, the right of any person to work as
guarantecd by Articlc ], Section 6 of the Florida Constitution.
17.2 ApprentIces If the Construction Manager employs apprcntices on the project, the behavior of the
Construction Manager and the County shall be governed by the provisions of Chapter 446, Florida
Statutes, and by applicable standards and policies governing apprentice programs and agrcements
established by the Division of Labor of the State of Florida Department of Labor and Employment
Security. The Construction Manager will includc a provision similar to thc foregoing sentence in each
subcontract.
] 7.3 Invoiees Invoices shall be submitted in detail sufficient for a proper preaudit and postaudit thereof.
Invoices for any travel expenses shall be submitted in accordance with procedures specified in Section
112.061 of thc Florida Statutes governing payments by the State for travel expenses.
17.4 - 'rhe Construction Manager's Project Records shall be
maintaincd as prescribed hereinabove in accordance with the State of Florida General Records
Schedule for State Agencies A-I and shall be made available to the County or his authorized
representative at mutually convenient timcs.
17.5 Construction Manager's Payment Rights The Construction Manager shall be paid in accordance with
the Florida Prompt Payment Act, F.S. 218.735.
17.6 Public Entity Crime Information Statement "A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids on
leases of rcal propcrty to a public entity, may not be awarded or perform work as a Construction
Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017, for CATEGORY TWO f()f a period of 36 months from thc date of being placed on the
convicted vendor list."
17.7 Discrimination, Denial Or Rcvocation For The Right To Transact Business With Public Entities An
entity or affiliatc who has been placed on the discriminatory vendor list may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids on
leases of real propcrty to a public entity, may not be awardcd or perf(xm work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business with
any public entity.
17.8 Unauthorized Aliens The County shall consider the cmployment by the Construction Manager of
unauthorized aliens a violation of section 274A(e) of thc Immigration and Nationalization Act. Such
violation shall be cause for undatcral cancellation of this contract if the Construction Manager has
f~liled to cnsurc propcr documentation of employec eligibility.
28
17.9 Electronic Mail Capabilities The Construction Manager must have electronic mail capabilities
through thc World Widc Web. It is thc intention of the County to use clectronic communication for all
projccts whenever possible. The Construction Manager shall provide their electronic mail address and
the name of a contact person responsible for their electronic communications.
17.10 Assignment - For and in recognition of good and valuable consideration, receipt of which is hereby
acknowledged, the Construction Managcr hereby conveys, sells, assigns and transfers to the State of
Florida all rights, title and interest in and to all causes to action it may now or hereafter acquire under
the antitrust laws of the United States and the State of Florida for price fixing, relating to the particular
goods or services purchased or acquired by the State of Florida pursuant to this Agreement.
17.11 Maintenance of Books and Records - Construction Manager shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordancc with generally
accepted accounting principlcs consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agrecment and fClr four years following
the termination of this Agreement. 11' an auditor employed by the County or Clerk determines that
monies paid to Construction Manager pursuant to this Agrcement were spent for purposes not
authorized by this Agrecmcnt, the Construction Manager shall repay the monies.
17.12 Tcrms Not To Be Construed Against Either Party -- This Agrcement has been carefully reviewed by the
Construction Manager and the County. Thercfore, this Agreement is not to be construed against either
party on the basis of authorship.
17.13 Mediation The County and Construction Manager agree that, in the event of conflicting interpretations
of the terms or a tcrm of this Agrecment by or betwcen any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal procceding.
17.14 Severability - If any tcrm, covenant, condition or provision of this Agreement (or the application thereof
to any circumstance or person) shall be declared invalid or unenfc)rceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement,
shall not be affected thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall be enfc)rceable to the fullest extent permitted by law unless the
enfc)I"cement of the remaining terms, covenants, conditions and provisions of this Agreement would
prevent the accomplishment of the original intent of this Agreement. Thc County and Construction
Manager agrec to rdC)f!11 the Agreement to replace any stricken provision with a valid provision that
comes as close as possible to the intent of the stricken provision.
17. IS Attorney' s Fees and Costs - The County and Construction Manager agrce that in the cvent any cause of
action or proceeding is initiated or defended by any party relative to the enfclrcement or interpretation of
this Agreemcnt, the prevailing party shall be entitled to reasonable attorney's fccs, court costs,
investigative, and out-of-pockct expenses, as an award against the non-prevailing party, and shall
includc attorney's fecs, courts costs, investigative, and out-of-pockct expenses in appellate proceedings.
Mediation procccdings initiated and conducted pursuant to this Agreement shall be in accordance with
the Florida Rules of Civil Procedurc and usual and customary procedures required by the circuit court of
Monroe County.
17.16 Binding EfTect.- The terms, covenants, conditions, and provisions of this Agrcement shall bind and inure
to the bencfit of the County and Construction Manager and thcir respective legal representatives,
successors, and assigns.
17.17 Construction Manager and County agree that each shall be, and is,
empowercd to apply fc)!", scek, and obtain federal and state funds to further the purpose of this
Agreement, providcd that all applications, requests, grant proposals, and funding solicitations shall be
approved by each party prior to submission.
17.18 Adiudication of Disputcs or Disagrcements - County and Construction Manager agree that all disputes
and disagrecments shall be attemptcd to be resolved by meet and confcr sessions betwcen
representatives of each of the parties. If no resolution can be agreed upon within thirty (30) days after
the first meet and confer session, the issue or issues shall bc discussed at a public meeting of the Board
29
of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seck such relief or remedy as may be provided by this Agrcement
or by Florida law.
17.19 Cooperation - In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, County and Construction
Manager agree to participate, to the extent required by the other party, in all proceedings, hearings,
proccsses, mectings, and other activities rclated to the substance of this Agreement or provision of the
services under this Agreement. County and Construction Managcr specifically agree that no party to
this Agreement shall be rcquircd to enter into any arbitration proceedings related to this Agrcement.
17.20 Nondiscrimination - County and Construction Manager agree that thcre will be no discrimination against
any person, and it is exprcssly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurrcd, this Agreement automatically terminates without any further action on
the part of any party, effective the date of the court order. County and Construction Manager agree to
comply with all Fcderal and Florida statutes, and all local ordinanccs, as applicablc, relating to
nondiscrimination. These include but arc not limited to: I) Title Viol' the Civil Rights Act of 1964 (PL
88-352) which prohibits discrimination on thc basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685- 1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rchabilitation Act of 1973, as amended (20
USC s. 794), which prohibits discrimination on the basis of handicaps; 4). 'fhe Age Discrimination Act
of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The
Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amendcd, relating to nondiscrimination
on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Trcatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42
USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. ct seq.), as amended, relating to
nondiscrimination in the salc, rcntal or financing of housing; 9) The Americans with Disabilities Act of
1990 (42 USC s. 120 I Note), as maybe amendcd from time to time, relating to nondiscrimination on the
basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutcs which
may apply to the partics to, or the subject matter ot~ this Agreement.
17.2 I Covenant of No Interest County and Construction Manager covenant that neither presently has any
interest, and shall not acquire any interest, which would conflict in any manner or degrcc with its
perfonm1l1ce under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
17.22 - County agrees that officers and employees of the County recognize and will bc required
to comply with the standards of conduct for public officers and employees as delineated in Scction
112.313, Florida Statutes, rcgarding, but not limited to, solicitation or acceptance of gifts; doing business
with one's agency; unauthorized compensation; misuse of public position, conflicting cmployment or
contractual relationship; and disclosure or usc of certain information.
17.23 No Solicitation/Payment - Thc County and Construction Manager warrant that, in respect to itselJ~ it has
neither employed nor retained any company or person, other than a bona fide employee working solely
for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, perccntage, gift, or other consideration contingent upon or resulting from the award or
making of this Agrecment. For the brcach or violation of the provision, the Construction Manager
agrees that the County shall havc the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwisc recover, the full amount of such fee, commission,
percentage, gift, or considcration.
17.24 Public Access. The County and Construction Manager shall allow and pcrmit reasonable acecss to, and
inspection oC all documents, papers, Ictters or other matcrials in its possession or under its control
subject to the provisions of Chapter 119, Florida Statutes, and made or reccived by thc County and
Construction Manager in conjunction with this Agrecmcnt; and the County shall have the right to
unilaterally cancel this Agrcement upon violation of this provision by Construction Manager
30
17 .25 Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the
participation of the County and the Construction Manager in this Agrccment and the acquisition of any
commercial liability insurance coverage, sclf-insurance coverage, or local government liability insurance
pool coverage shall not bc deemed a waiver of immunity to the extent of liability coverage, nor shall any
contract entered into by the County be rcquired to contain any provision for waiver.
17.26 All of the privileges and immunities from liability, exemptions from laws,
ordinances, and rules and pensions and relicf~ disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or employees of the
County, when performing thcir respective functions under this Agrecment within the territorial limits of
the County shall apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, voluntccrs, or employecs outside the territorial limits of the County.
17.27 Legal Obligations and Responsibilities and Non-Delegation of Constitutional or Statutory Duties. This
Agreement is not intendcd to, nor shall it be construed as, relieving any participating entity from any
obligation or responsibility imposed upon thc entity by law except to thc extent of actual and timely
performance thereof by any participating entity, in which case the performance may be offered in
satisfaction of the obligation or rcsponsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the County, exccpt to
the extent permitted by the Florida constitution, state statute, and case law.
17.28 Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of
them, of this Agreement to enforce or attcmpt to enforce any third-party claim or entitlement to or
benefit of any servicc or program contemplated hereunder, and the County and the Construction
Manager agree that neither the County nor the Construction Manager any agent, officer, or employee of
cithcr shall have the authority to inform, counsel, or otherwisc indicate that any particular individual or
group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general for the purposes contemplatcd in this
Agreement.
17.29 Attestations. Construction Manager agrees to execute such documents as the County may reasonably
require, to include a Public Entity Crime Statcment, an Ethics Statement, and a Drug-Free Workplace
Statement.
17.30 No Pcrsonal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or cmployee of Monroe County in his or her individual
capacity, and no membcr, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of this
Agreement.
17.31 This Agreement may bc executed in any numbcr of eountcrparts, each of
which shall be regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agrcemcnt by signing any such countcrpart.
17.32 Section I-Icadings. Section headings have been inserted in this Agreement as a matter of convenience of
rcference only, and it is agrced that such section headings are not a part of this Agreement and will not
be used in the interpretation 0 f any provision of this Agrecment.
17.33 Force Majeure: Neither party shall be liable for disruptions or delays in construction due to the
occurrcnce of any contingcncy beyond its control, including war or act of war whether an actual
declaration thereof is made or not, act of terrorism impacting travel in the Unitcd States, insurrection,
riot or civil commotion, act of public encmy, epidemic, quarantine restriction, storm, nood, drought or
other act of God, act of nature (including prcsence of endangered animal species which cannot be
removed in a safc and timcly manncr) or any act of any governmental authority which disrupts or delays
construction, in full or in part, for which thc respective party has exercised reasonablc care in the
prevention thcreof.. Any disruption or delay due to the causes stated shall not constitute a breach of the
Agrecment and the sole and the exclusive remedies shall be pursuant to article 10, and article 16. Upon
demand of either party, the other party must furnish evidence of the causes of such disruption or delay
17.34 Mutual Review This agreement has been carefully revicwed by the Construction Manager and the
County thereforc. this agrcement is not to be construed against either party on the basis of authorship.
31
IN WITNESS WHEREOF, the parties have caused this agreement to be executed this day
of , 2005.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
Mayor Dixie M. Spehar
THE TOWERGROUP, INC.
Witncss
Witness
32
EXHIBIT A
CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES
(Intentionally left blank by agreement of parties and will be completed in the GMP
Amendment or othcr times appropriate to the specific Exhibit)
County
Construction Manager
33
EXHIBIT B
COUNTY'S CONSTRUCTION BUDGET
ITEM DESCRIPTION
CONS'fRUCTION
CONSTRUCTION MANAGER'S PRECONSTRUCT'ION PHASE FI:E ...............................
CONSTRUCflON MANAGER'S CONSTRUCTION PHASE FEE.......................................
CONSTRUCTION MANAGER'S OVERHEAD & PROFIT ..................................................
CONSTR UCTION BUDGET BALANCE ............. .... ... .... .................................... ......... .........
COUNTY'S TOTAL CONSTRUCTION BUDG ET ........................................... ........ .............
34
EXHIBIT C
CONSTRUCTION MANAGERS'S PERSONNEL
OFF-SITE SUPPORT STAFF
(Intentionally left blank by agreement of parties and will be completed
in the GMP Amendment or other times appropriate to the specific Exhibit)
ON-SITE SUPPORT STAFF
Individual
Title
35
EXHIBIT D
(Intentionally lelt blank by agreement of parties and will be completed
in the GMP Amendment or other times appropriate to the specific l:xhibit)
ARCIIITECT/ENGINEER'S CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT' NUM BER:
ARCHITECT/ENGINEER:
PROJECI'
COUNTY:
Depat1ment of Facilities Dcvelopment
CONSTRUCTION MANAGER
ATlN:
CONTRACT FOR:
CONTRACT DATE
DATE OF ISSUANCE
PROJECT OR DESIGNATED PORTION SHALL INCLUDE
The work pcrleJrllled under this Contract has been reviewed and lelUnd to be substantially eomplete. The Date of Substantial Completion of the
Project or pOl1ion thereof designated above is hereby established as which is
also the date of commencement of applicable warranties required by the Contraet Documents, except as stated below.
DHINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or designated pOl1ion thereof is the Date ecrtilied by the Architect-Engineer when construction
is sufficiently complete, in accordance with the Contract Documents, so the County can occupy or utilize thc Work or designated p0l1ion thereof
lelr the use {(n' which it is intcndcd as exprc'Ssed in the Contract Documents.
A list of items to be completed or corrected is attached hereto. The I:lilure to include any items on such list docs not alter the responsibility of
the Construction Manager to complete all Work in accordancc with thc Contract Documents. The date of commenccment of warranties lelr
items on the attached list will be the date of linal payment unless othcrwise agreed to in writing.
ARCHITECT/ENG IN EER
BY
DATE
The County acecpts the Work or designated portion thereof as substantially complete.
Department Of Facilities Development
BY
DATE
The Construction Manager will complete or correct the Work on the list of items attached hereto within the time prescribed in the contraet lI'om
the above Date of Substantial Completion.
CONSTRUCTION MANAGER
BY
DATE
36
EXHIBIT E
CONSTRUCTION MANAGER'S AFFIDAVIT OF CONTRACT COMPLETION
(Intentionally lelt blank by agreement of parties and will be completed
in the GMP Amendment or other times appropriate to the specific Exhibit)
AGENCY:
PROJECT:
CONSTRUCTION MANAGER: :
CON'rRACT FOR: :
CON'rRACT DATE:
AMOUNT: :
CONS'I'RUCTION MANAGER'S AFFIDAVIT
I solemnly swear and affirm: That the work under the above named contract and all amendments thereto have been completed in
accordance with the requirements of said contract; that all costs incurred for equipment, materials, labor, and services against the
project have becn paid; that no licns have becn attached against thc project; that no suits arc pending by reason of work on thc projeet
undcr thc contract; that all Workmen's Compensation claims are covered by Workmen's Compensation insurancc as rcquircd by law;
that all public liability claims are adequatcly covered by insurance, and that thc Construction Managcr shall savc, protcct, dcfcnd,
indcmnify, and hold the County harmless from and against any and all claims which arise as a direct or indirect result of any
transaction, event or occurrcnce related to pcrformance of thc work contemplated under said contract.
CONSTRUCTION MANAGER:
(SEAL)
STATE OF
COUNTY OF
'!'he foregoing instrument was acknowledged befixe mc this by (name of officer or agent, title of officcr or agent) of (name
a (statc or placc of incorporation) coqJoration, on behalf of thc corporation, FIe/Shc is personally
known to me or has produced (typc of idcntification) as idcntification,
(Signature of person taking acknowledgmcnt)
(Name typcd printcd or stampcd)
(Title or Vendor)
37
EXHIBIT E (CONT'D)
(Intcntionally left blank by agrccment of parties and will be complcted
in the GMP Amendment or other times appropriatc to the specific Exhibit)
CERTIFICATE OF CONTRACT COMPLETION
PROJECT NO
PROJECT TITLE
CONSTRUCTION MANAGER
CONTRACT DATE:
DArE OF FINAL COMPLETION
CERTIFICATE OF ARCHITECT/ENGINEER
I CERTIFY: That the work undcr the above contract has been satisfactorily completed on the date set forth in accordance with the terms of the contract; that
the Construction Manager has submitted his sworn aft1davit as evidence that he has paid all labor, materials and other charges against the project in accordance
with the terms of the contract.
All' Firm Name:
Date
TO BE COMPLETED BY ARCHITECr/ENGINEER
THROUGH THE SUBSTANTIAl, COMPLETION PHASE
DATE
DAYS
l. Notice to Proceed (NTP,)
xxxxxx
2. 'rime Specified in Original Contract for
Substantial Completion (S.e.)
xxxxxx
3, Extension Granted by Change Orders (Days Between
Original Contract S.e. and Final Contract S,e.)
xxxxxx
4. Total Days Allowable to Substantial Completion
(Add Lines 2 and 3)
xxxxxx
S. Project Substantially Completed as Certilied by All'
(Total Days from N,TP. through Date certified by A/E)
6. Substantial Completion Overrun (Subtract S Per DayS
Line 4 from 5 and Enter Overrun)
TIIROUGH THE FINAL COMPLETION PHASE
I, Time Specilied in Contract, Between Substantial
& Final Completion
xxxxxx
2. Extensions Granted by Change Orders (Days
Between S.e. & Final Completion
xxx XXX
3. Total Days Allowable Between Substantial & Final
Completion (Add Lines I & 2)
XXXXXX
4. Date Actually Completed and Total Days Between Actual S.C
& Date Certified by All' as Actually being Finally Completed.
5 Final Completion Overrun (Subtract Line 3 & 4 S Per Day S
and Enter Overrun)
xxx xxx
TOTAL LIQUIDATED DAMAGES S
DATE:
38
Individual
Available
EXHIBIT F
CONSTRUCTION MANAGER'S PERSONNEL TO BE
ASSIGNED DURING PRECONSTRUCTION PHASE
(Intentionally Icft blank by agreement of parties and will be completed
in the GMP Amcndment or other timcs appropriate to the specific Exhibit)
Title
Percentage Duration of 'rime
In Months
39
EXHIBIT G
CONSTRUCTION MANAGER'S PER DIEM STAFF FOR TIME
EXTENSIONS PER 8.1.2(1 )(b)
(Intentionally left blank by agreement of parties and will be completed
in the (iMP Amendment or other times appropriatc to the specific Exhibit)
Perccntage of Time
Individual
Available
Title
40
Individual
Available
EXHIBIT H
CONSTRUCTION MANAGER'S PERSONNEL TO BE
ASSIGNED DURING CONSTRUCTION OFF-SITE
(lntcntionally lcft blank by agrcement of partics and will bc complcted
in the GMP Amcndment or other times appropriatc to thc specific Exhibit)
Pcrcentage Duration or-rime
In Months
41
Individual
Available
EXHIBIT I
CONSTRUCTION MANAGER'S PERSONNEL TO BE
ASSIGNED DURING CONSTRUCTION ON-SITE
(Intentionally left blank by agrecmcnt of parties and will bc completed
in the GMP Amendment or othcr timcs appropriate to the specific Exhibit)
Title
Percentage Duration ofTimc
In Months
42
EXHIBIT J
COUNTY'S CERTIFICATE OF PARTIAL PAYMENT
(Intentionally left blank by agrecmcnt of parties and will be complcted
in the GMP Amendment or othcr timcs appropriate to (he specific Exhibit)
Construction Manager (Namc and Addrcss):
Architect-Engineer Job No:
Contract Timc (Calcndar Days):
Timc Elapscd to Date:
ADDITIONS $
Changc Orders approved
in previous months by
Owncr u TOT A L
Subsequent Change Orders
Number
Approved
(Date)
'rOTALS
Net changc by Changc Orders
TIllS CERTIFICA'rE
Rcqucst
For Pcriod
Project
County Projcct:
Fcdcral Project No:
Original Contract Sum . $
Changc Orders (Net)... .. $
Contract Sum To Date ...., $
Balancc To Finish ......, .......
Completcd To Datc ...... $
Materials Stored . $
'rotal Completed &
Stored......... ,....., ..........
Lcss Rctainage_'Yt,.. ...... $
Add Back Retained
Amount Covered By
Sceurities..
TOTAL ...................,.. . $
Less Previous Ccrti lieatcs
Less Materials Purchased
Directly By Owner: . . $
$......................,....................,....
CERTIFICATION BY THE CONSTRUCTION MANAGER: According to thc best of my knowlcdge and belid~ I ccrtify tbat all itcms and amounts shown
on the face of this Application arc corrcct, that all work has bcen pcrformcd and matcrial supplied in full accordance with thc tcrms and conditions of thc
Contract, and that all matcrialmen, laborcrs and subcontractors, as ddined in Chapter 713'(J I, Florida Statutes, have bccn paid thc amounts duc thcm out of
any prcvious paymcnts madc to thc Construction Manager by the County. Furthcr, I agree to promptly pay cach matcrialman, laborcr and subcontractor, as
dclined in Chaptcr 713.0 I, Florida Statutcs, upon rcceipt of payment fi'om the County, out of thc amount paid to mc on, account of such matcrialman's
laborer's or subcontractor's work, thc amount to which said matcrialman, laborcr and subcontractor is entitled, rcflecting thc pcrcentagc actually rctained, if
any, ti'om payments to myself on account of such materialman's, laborer's and subcontractor's work,
CONSTRUCTION MANAGER:
STATE OF'
COUNTY OF
Thc t()rcgoing instrumcnt was acknowledgcd bd()re me this (date) by (namc of officer or agent, title of oflicer or agcnt) of (namc of corporation
acknowledging) ,a (statc or placc of incorporation) corporation, on bchalf of the corporation. Hc/she is pcrsonally known to me or has produccd
as identilication.
(Signaturc of person tak ing acknow ledgcment)
(Namc tvped printcd or stamped)
(Title or V cndor)
(Serial number, if anv)
CERTIFICATION BY 'fHE ARCIIIT'ECT- ENCINEER: I ccrtify that I have chccked and verilicd this Progress Paymcnt Application; that to the bcst of my
knowlcdge and belief, the abovc application is a true statcment of thc valuc of thc work perl(mncd and thc matcrials suitablc storcd on thc sitc; that all work
and materials ineludcd in this Ccrtificatc havc been inspccted by me or by my authorizcd assistants; that all work has bcen performed and matcrial supplicd in
full accordancc with thc tcrms of this Contract; and I approved t()r payment the amount noted above.
REVIEWED AND RECOMMFNDED FOR PA YMEN'!
Architcct-F~ngi nccr
APPROVED I'OR SFRVICI':S, PERFORMF]) AS STATED BY:
Owncr's Project Dircctor
43
EXHIBIT J (CO NT' D)
Chaptcr 713.0 I, Florida Statutes, defines Laborcrs, Matcrialmen and Subcontractors as follows:
(I) mcans any person other than an architect, landscapc architect, engineer, land surveyor, and
the likc who, undcr properly authorizcd contract, personally performs on the site of the improvcmcnt
labor or services for improving rcal property and does not furnish materials or labor scrvice of othcrs.
(2) "Materialman" mcans any person who furnishes matcrials under contract to the owner, Construction
Manager, subcontractor, or sub-subcontractor on the site of thc improvement or for specially fabricated
matcrials off the site of the improvemcnt for the particular improvement, and who performs no labor in
the installation thereof
(3) "Subcontractor" means a person other than a materialman or laborcr who enters into a contract with a
Construction Manager for the performance of any part of such Construction Manager's contract
44
EXHIBIT K
(Intentionally left blank by agrecmcnt of parties and will be completcd
in the GMP Amendmcnt or othcr times appropriatc to the specific Exhibit)
ITEMS TO BE SUBMITTED WITH CONSTRUCTION MANAGER'S REQUEST FOR FINAL PAYMENT
I. Rush Requisition Routing Slip
2. Pay Request (4 copies with original signatures and original seals, noted as Final)
3, Final Schedule of Contract Values
4. Consent of Surety to make final Payment (signcd and scaled)
5. Power of Attorney from Surety for Release of Final Payment (Signed and sealcd and datcd samc as
Consent of Surcty)
6. Certificate of Contract Completion
a. pagc onc complcted by thc Construction Managcr (original plus three copies)
b, page two completed by Architect-Engincer (original plus three copies)
7. Satisfactory Conclusion or Releasc of Licn from all subcontractors or laborers who have filcd Intcnt
to Liens or have indicated non-paymcnt from the Construction Manager (especially if attorncys are
involved)
8. Construction Manager's Guarantcc of Construction for onc year from thc date of substantial
completion
9. Copy of the approval by the Architect-Enginecr and thc transmittal to the using agency of manuals,
shop drawings, as-builts (two sets of disk files and two sets of blue line or black line prints),
brochures, warranties, and List of Subcontractors, with telcphone numbers and addrcsscs
10. Verification that County personnel havc bcen trained in the opcration of thcir new cquipment (pcr
system: HV AC, controls, firc alarm, etc.)
II. Fully executed Roof Warranty (if applicable) in thc name of the Using Agency
12, Other special warrantics as required by specifications, in the name of the County
]3, Architcct's Certificate of Specification of Asbcstos Containing Matcrials
14, Construction Manager's Certificatc of Asbestos Usc
15. Copy of Certificatc of Occupancy
NOTE: The Project Dircctor shall verify the math of all Pay Rcquests prior to signing Final Pay Rcquest to assure
correct payment.
Projcct Number:
Project Name and
Project Director
45