Item C32
ADD-ON
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 15. 2006
Division: Engineering
Bulk Item: Yes --X. No
Department: Facilities Development
Staff Contact Person: Jeny Barnett
AGENDA ITEM WORDING: Approval to rescind the contract to The Tower Group, Inc. approved
by the BOCC on October 19,2005, and approval to award a revised contract to The Tower Group, Inc.
to serve as Advisor during Design and General Contractor for construction of the Murray E. Nelson
Government and Cultural Center in Key Largo.
ITEM BACKGROUND: A contract was presented to the BOCC on October 19, 2005. Revisions to
that contract were deemed necessary and are incorporated into this contract.
PREVIOUS RELEVANT BOCC ACTION: On October 19, 2005, the BOCC approved to award a
Construction Manager at Risk contract to The Tower Group, Inc. to serve as Advisor during Design
and General contractor for construction of the new Murray E. Nelson Government and Cultural Center
in the amount of 16.5% of the Guaranteed Maximum Price.
CONTRACT/AGREEMENT CHANGES: See Attached.
STAFF RECOMMENDATIONS: Approval as stated above, The Guaranteed Maximum Price is
estimated at $6,500,000.00.
TOTAL COST:$1.072.500.00
BUDGETED: Yes ~ No
COST TO COUNTY: $1.072.500.00
SOURCE OF FUNDS: Bond Proceeds
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Atty ~
DIVISION DIRECTOR APPROVAL:
OMB~d?~~g=~
David S. Koppel, P.E.
x
DOCUMENTATION:
Included
x
Not Required_
,- ''J ___.
AGENDA ITEM" Q 0-
DISPosmON:
Revised 2/05
ATTACHMENT
CONTRACT/AGREEMENT CHANGES
TABLE OF CONTENTS
Added:
3.14.0 Threshold Inspection
Deleted:
13.3.5 County's Insurance
17.34 Mutual Review
ARTICLE TWO
Page 8 Section 2.3 Paragraph 8 (a) Added: "In no event shall the Construction Manager be held to a
standard of financial accounting or foreseeability unreasonable given the unpredictability of world
commerce. As a result, the Construction Manager shall maintain a contingency fund for alternates and
additional scope changes and a contingency fund for change orders/cost escalations."
Page 10 Section 2.4 Paragraph (6) Added: "The Architect shall be the initial judge ofperfonnance and
acceptability. The Construction Manager shall be entitled to appeal any decision of the Architect to the
Director of Facilities for County. However, the Construction Manger shall perform the work in
accordance with the final decision/direction reserving right to appeal for additional cost."
Page II Section 2.4 Paragraph (9) 3 Deleted: "Where extra security is required pursuant to FAA and
or TSA requirements."
ARTICLE SIX
Page 17 Section 6.2 Changed from "Warranties 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" to "Warranties called for by this Agreement or by the Drawings and
Specifications shall commence after receipt of all final inspections."
ARTICLE EIGHT
Page 19 Section 8.1.3 Changed from the fee shall be "Three Hundred fifty Seven Thousand Five
Hundred Dollars ($357,000)" to the fee shall be "5.5% of the actual Guaranteed Maximum Price and in
the event of any error in the Fee Proposal, the individual fee percentage shall prevail in accordance with
the Request for Proposal" Also added on last sentence was "plus suspension expenses equal to 100,/0 of
the balance of construction phase fees lost by the Construction Manager as a result of the suspension."
ARTICLE NINE
Page 21 Section 9.2 Paragraph (23) Changed from "Costs of security background check pursuant to
Article 17.7.1." to " Cost of all permits, applications and review fees."
ARTICLE TEN
Page 22 Section 10.2 2nd Paragraph added to last sentence ".. . and payment offees as defined in Article
8.1.2"
and 3rd Paragraph added to the first sentence... "and payment of additional construction phase fee and
overhead and profit for construction phase as described in Article 8.12."
ARTICLE TWELVE
Page 23 Section 12.4 2nd Paragraph last sentence changed from" The thirty (30) days above begins to
run on the date of the last signature" to "The thirty (30) days above begins to run on the date that an
error free copy is received by Facilities Development."
ARTICLE TIflRTEEN
Page 24 Section 13.2 Paragraph (3) (a) Construction Manager's Comprehensive General Liability
changed from $1,000,000 Each Occurrence to $5,000,000 Each Occurrence.
Paragraph (3) (b) Automobile Liability Coverages changed from $1,000,000 Each Occurrence to
$5,000,000 Each Occurrence.
Paragraph (4) a new paragraph 4 was added to include the Constructions Manager's Builder's Risk
Insurance.
Subsequent paragraphs renumbered from 5 to 10.
Page 26 Section 13.3.5 'County's Insurance' deleted.
ARTICLE SIXTEEN
Page 28 Section 16.3 The last sentence was added "With the exception of fees defined in Article 8.1.2,
Irrespective of anything to the contrary in this agreement, all claims and disputes arising out of this
Agreement, shall be litigated in the 16th Judicial Circuit in and for Monroe County, Florida."
ARTICLE SEVENTEEN
Page 32 Section 17.34 Changed from "Mutual Review - This agreement has been carefully reviewed
by the Construction Manajer and the County therefore. this agreement is not to be construed asainst
either party on the basis of authorship." and changed to "Request for Proposal Construction ManaBer
S~rvices at Risk with a Guaranteed Maximum Price: The terms and conditions as set forth in our
Request for Proposal shall be included in this contract agreement."
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: The Tower Group Contract #_
Effective Date: 03/15/06
Expiration Date: To Be Determined
Contract Purpose/Description:
Construction Manager at Risk for the constructioin of the new Murrav E. Nelson
Government and Cultural Center.
Contract Manager: Ann Riger 4439 Facilities Develop/Stop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 03/15/06 Agenda Deadline: 02/28/06
CONTRACT COSTS
Total Dollar Value of Contract: $ 1,072,500
Budgeted? Y es~ No 0 Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ 1,072,500
307 -2400 1-560620-CE0303-_
- - - -
-----
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc,)
CONTRACT REVIEW
Date In
Date Out
Division Director
Changes
Needed ,--,/
YesO NoL::d'
:;?)"\.:.:/C~ YesO NoI21"
~{01#Y esO NO!?J"
,/ ,,'
, ,~ . /
.J/ I ~. YesO NolB
Risk Management
O.~./Purchasing
County Attorney
., . . .,__..".".~__~~~~~__.,,"N
Comments:
OMB Form Revised 2/27/01 MCP #2
AGREEMENT BETWEEN COUNTY AND CONSTRUCTION MANAGER
PROJECT NAME AND LOCATION:
MURRAY E. NELSON GOVERNMENT
AND CULTURAL CENTER
102050 Overseas Highway, MM 102
Key Largo,Florida
CONSTRUCTION MANAGER:
The Tower Group, Inc.
405 SW 14Sth Avenue, Suite One
Davie, FL 33325
954 476 3200
PROJECT OWNER
Monroe County, a political subdivision of the Sate of Florida,
1100 Simonton Street
Key West, Florida 33040
ARCHITECT-ENGINEER:
Currie Sowards Aguila Architects
134 NE 1st Avenue
Delray Beach, FL 33444
ARTICLE
1.0.0
1.1.0
1.2.0
1.3.0
1.4.0
2.0.0
2.1.0
2.1.1
2.1.2
2.1.3
2.1.4
2.1.5
2.2.0
2.3.0
2.4.0
3.0.0
3.1.0
3,2.0
3.3.0
3.4.0
3.5.0
3.6.0
3.7.0
3.8.0
3.9.0
3.10.0
3.11.0
3.12.0
3.13.0
3.14.0
4.0.0
4.1.0
4.2.0
5.0.0
5.1.0
5.2.0
5,3.0
5,3.1
5.3.2
5.4.0
5.5.0
6.0.0
6.1.0
TABLE OF CONTENTS
DESCRIPTION PAGE
THE CONSTRUCTION TEAM AND EXTENT OF AGREEMENT I
The Construction Team I
Extent of Agreement I
Definitions I
County's Construction Budget 2
CONSTRUCTION MANAGER'S SERVICES 2
Project Management Information System (PMIS) 2
General 2
Narrative Reporting Subsystem 3
Scheduled Control Subsystem 3
Cost Control Subsystem 4
Project Accounting Subsystem 5
Project Manual 5
Design Review and Recommendations 6
Construction Phase 8
COUNTY'S RESPONSIBILITIES 14
County's Information 14
County's Representative 14
Architect and Engineer's Agreement 14
Site Survey and Reports 14
Approvals and Easements 14
Legal Services 14
Drawings and Specifications 14
Cost of Surveys and Reports 14
Project Fault Defects 15
Funding 1 5
Lines of Communication 15
Lines of Authority 15
Permitting & Code Inspections 15
Threshold Inspection 15
PERMITTING AND INSPECTION 15
Building Permits 15
Code Inspections 15
SUBCONTRACTS 15
Definition 15
Proposals 15
Required Subcontractors' Qualifications and Subcontract Conditions 15
Subcontractual Relations 15
Subcontractual Requirements 16
Responsibilities for Acts and Omissions 16
Subcontracts To Be Provided 17
SCHEDULE, TIME OF COMMENCEMENT AND SUBSTANTIAL
COMPLETION 17
Project Substantial Completion Date, Project Final Completion Date And Owner
Occupancy Date 17
T ABLE OF CONTENTS CONTINUED
ARTICLE DESCRlPTION PAGE
6.2.0 Owner Occupancy and Warranties 17
7.0,0 GUARANTEED MAXIMUM PRlCE FOR CONSTRUCTION 17
7.1.0 Guaranteed Maximum Price (GMP) Proposal 17
7,2.0 GMP Taxes 17
7.3.0 Adjustments in Contingency Contained Within GMP 17
7.4.0 Use of Contingency Contained Within GMP 17
8.0.0 CONSTRUCTION MANAGER'S FEE 18
8.1.0 Fee 18
8.1.1 Preconstruction Phase Fee 18
8.1.2 Construction Phase Fee 18
8.1.3 Overhead and Profit for Construction Phase 19
9.0.0 COST OF THE PROJECT 19
9.1.0 Definition 19
9,2.0 Direct Cost Items 19
10.0.0 CHANGE IN THE PROJECT 21
10.1.0 Change Orders 21
10.1.1 Change Order Definition 21
10.1.2 Acceptable Ways of Determining Increases or Decrease 21
In The GMP on Change Orders 21
10.1.3 Itemized Accounting on Change Orders 21
10.1.4 Adjustments in Unit Prices & GMP Due To Inequitable Quantity Changes 21
10.1.5 Concealed Conditions 21
10.2.0 Claims for Additional Cost or Time 21
10.3.0 Minor Changes In the Project 22
10.4.0 Emergencies 22
11.0.0 DISCOUNTS AND PENAL TIES 22
11.1.0 Discounts and Penalties 22
12,0.0 PAYMENTS TO THE CONSTRUCTION MANAGER 22
12.1.0 Monthly Payments 22
12.2.0 Final Payment 22
12.3.0 Payments to Subcontractors 22
12.4.0 Delayed Payments by Owner 23
12,5.0 Payments for Materials and Equipment 23
12,6.0 Withholding Payments to Subcontractors 23
13.0.0 INSURANCE, INDEMNITY AND WAIVER OF SUBROGA nON 23
13,1.0 Indemnity 23
13.2.0 Construction Manager's Insurance 24
13.3.0 Waiver of Subrogation 25
13.3.1 Damages Caused By Perils Covered By Insurance 25
13.3.2 Loss or Damage to Equipment Covered By Insurance 25
13,3,3 Property and Consequential Loss Policies 25
13. 3 .4 Endorsement of Policies 25
11
ARTICLE
14.0.0
14,1.0
14.2.0
14.3.0
15.0,0
15.1.0
15.2,0
16,0.0
16.1.0
16.2.0
16.3.0
17.0.0
17.1.0
17.2.0
17.3.0
17.4.0
17.5.0
17.6.0
17.7.0
17.8.0
17.9.0
17.10
17.11
17,12
17.13
17,14
17.15
17.16
17.17
17.18
17.19
17.20
17.21
17.22
17.23
17.24
17.25
17.26
17.27
17.28
17.29
17.30
17.31
TABLE OF CONTENTS CONTINUED
DESCRIPTION PAGE
TERMINATION OF THE AGREEMENT AND COUNTY'S RIGHT TO
PERFORM
CONSTRUCTION MANAGER'S OBLIGATION 26
Termination by the Construction Manager 26
County's Right to Perform Construction Manager's Obligations and Telmination
By County for Cause 26
Termination by County without Cause 26
ASSIGNMENT AND GOVERNING LAW 27
Assignment Consent 27
Governing Laws 27
NOTICE OF CLAIM; WAIVER OF REMEDIES; NO DAMAGES FOR DELAY 27
Governing Provisions 27
Written Determination of Claim 27
Exclusive Remedy for Delays 27
MISCELLANEOUS 28
Harmony 28
Apprentices 28
Invoices Submitted 28
Construction Manager's Project Records 28
Construction Manager's Payment Rights 28
Public Entity Crime Information Statement 28
Discrimination; Denial or Revocation for the Right to Transact Business with Public
Entities 28
Unauthorized Aliens 28
Electronic Mail Capabilities 29
Assignment 29
Maintenance of Books and Records 29
Terms not to be Construed Against Either Party 29
Mediation 29
Severability 29
Attorney Fees & Costs 29
Binding Effect 29
Claims for Federal or State Aid 29
Adjudication of Disputes or Disagreements 29
Cooperation 30
Nondiscrimination 30
Covenant of No Interest 30
Code of Ethics 30
No solicitation/Payment 30
Public Access 30
Non-Waiver ofImmunity 31
Privileges & Immunities 31
Legal Obligations & Responsibilities and Non-Delegation of Constitutional or
Statutory Duty 31
Non-Reliance by Non-Parties 31
Attestations 31
No Personal Liability 31
Execution in Counterparts 31
III
ARTICLE
17.32
17,33
EXHIBIT
A
B
C
D
E
F
G
H
I
J
K
TABLE OF CONTENTS CONTINUED
DESCIUPTION
Section Headings
Force Majeure
Construction Team Assigned Representatives
County's Construction Budget
Construction Manager's Personnel
Certificate of Substantial Completion
Construction Manager's Affidavit of Contract Completion
Construction Manager's Personnel to Be Assigned During Preconstruction Phase
Construction Manager's Per Diem Staff for Time Extensions Per 8.1.2(1)(b)
Construction Manager's Personnel to Be Assigned During Construction Off-Site
Construction Manager's Personnel to Be Assigned During Construction On-Site
Certificate of Partial Payment
Items To Be Submitted With General Construction Manager's Request for Final
Payment
IV
PAGE
31
31
33
34
3S
36
37
39
40
41
42
43
4S
AGREEMENT
BETWEEN COUNTY AND CONSTRUCTION MANAGER
THIS AGREEMENT made this_ day , 200S _in the year Two Thousand Five by and
between Mom-oe County, a political subdivision of the State of Florida whose address is Gato Building, 1100
Simonton Street, Key West, Florida, 33040, hereinafter called County or Owner, and The 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 ConstJ.uction Manager accepts the relationship of tJ.ust and confidence established between him and the
County by this Agreement. He covenants with the County to furnish his best skill and judgment and to cooperate
with the Architect-Engineer in furthering the interests of the County. He agrees to furnish efficient business
administration and superintendence and use his best efforts to complete the project in the best and soundest way
and in the most expeditious and economical manner consistent with the interest of the County.
1,1 The Construction Team The Construction Manager, the Director of Facilities Development for the
County and the Architect-Engineer, called the "ConstJ.'uction Team", shall work jointly during design
and through final construction completion and shall be available thereafter should additional services
be required, The Architect-Engineer will provide leadership during the Pre construction 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 ConstJ.uction Manager, supersedes any prior negotiations,
representations or agreements. When drawings, specifications and other descriptive documents
defining the work to be included under a construction authorization are substantially complete, they
shall be identified in the 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 the 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-Engineer, 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 Development along with his GMP proposal, while keeping one set for himself
and returning one set to the Architect-Engineer, and one set to the Clerk of Courts for Mom-oe County.
The GMP Proposal shall include the following sections:
Section One:
Section Two:
Summmy of Work
GMP Price Summmy - To include Construction Authorization & Tax
Savings
Scope Clarifications and Assumptions
Detailed Estimate
Bid Tabulations and Recommendations
Preliminary Construction Schedule
Contract Documents - Drawing List and Specification List
Section Three:
Section Four:
Section Five:
Section Six:
Section Seven:
This Agreement shall not be superseded by any provisions of the documents for construction and may
be amended only by written instrument signed by both the County and the Construction Manager.
1.3 Definitions:
Architect-Engineer -Currie Sowards Aguila Architects, 134 NE 151 A venue, De1ray Beach, Florida
33444.
Construction Authorization - The term Construction Authorization shall mean a written work order
based on a defined scope of work excluding Construction Manager's fees as specified in Article 8,
prepared by the Project Director and issued to the Construction Manager. Construction Authorizations
shall be used prior to the date of the GMP Amendment and all work performed pursuant to
Construction Authorizations shall be included in the GMP
Construction Manager - The Tower Group, Inc., 405 SW l48th Avenue, Suite 1, Davie, Florida
33325,
Owner - Momoe County, a political subdivision of the State of Florida, acting through its Board of
County Commissioners (hereinafter BOCC).
County's Representatives - The Director of Facilities Development and his superiors or designees.
Permitting Authorities - The local authorities with jurisdiction over the area in which the project is
located.
Proiect - The Project is the total work to be performed under this Agreement. The Project consists of
permitting, construction and code inspection for the Murray E. Nelson Government 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 designated by the County to provide
direct interface 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 Five Hundred Thousand ($6,500,000.00)
identified in Exhibit B, 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 acknowledgement of the County's budgeted funds is not to be construed as the Construction
Manager's Guaranteed Maximum Price. A Guaranteed Maximum Price will be offered by separate
documentation as outlined in Article 7.
ARTICLE 2
CONSTRUCTION MANAGER'S SERVICES
The services which the Construction Manager shall provide include, but are not limited to, those described or
specified herein. The services described or specified shall not be deemed to constitute a comprehensive
specification having the effect of excluding services not specifically mentioned.
2.1 PROJECT MANAGEMENT INFORMATION SYSTEM (PMIS)
2.1.1 General:
(1) Commencing immediately after contract award, the Construction Manager shall implement and
shall utilize throughout the life of this Contract all subsystems of the Project Management
Information System hereinafter referred to as PMIS.
(2) The reports, documents, and data to be provided shall represent an accurate assessment of the
current status of the Project and of the work remaining to be accomplished and it shall provide
a sound basis for identifying variances and problems and for making management decisions. It
shall be prepared and furnished 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 comprehensive
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-Engineer for the design and
construction of the Project; and shall establish, with the full concunence of the County and the
Architect-Engineer, procedures for accomplishing the management control aspect of the
Project.
(4) The PMIS shall be described in terms of the following major subsystems:
(a) Narrative 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.
2
2.1.2 Nanative Reporting Subsystem
(1) The Construction Manager shall prepare written reports as described hereunder. No other
PMIS nanative reports shall be required. All reports shall be in either an 8 1/2" X 11" fOlmat
or an electronic format approved by the County.
(2) The Nanative Reporting Subsystem shall include the following reports:
(a) A Monthly Executive Summary which provides an overview of cun-ent issues and pending
decisions, future developments and expected achievements, and any problems or delays,
including code violations found by Permitting Authority.
(b) A Monthly Cost Nan-ative describing the cun-ent construction cost estimate status of the
Proj ect.
(c) A Monthly Scheduling Nanative summarizing the cunent status of the overall project
schedule. This report shall include an analysis of the various project schedules, a
description of the critical path, and other analyses as necessary to compare planned
perfOlmance with actual performance.
(d) A Monthly Accounting Narrative describing the cun-ent cost and payment status of the
entire project. This report shall relate cun-ent 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, cunent
deliveries, safety and labor relations programs permits, construction problems and
recommendations, and plans for the succeeding month.
(f) A Daily Construction Diary during the construction phase describing events and conditions
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 submitted monthly during design and construction phases and shall be
cun-ent through the end of the preceding month. Copies shall be transmitted to the County and
the Architect-Engineer and others designated by the Project Director with the monthly pay
requisition.
Additional copies of the report outlined in subsection (2)(a) shall be bound separately and
distributed monthly as directed by the Project Director.
(4) The report outlined in subsection (2)(f) above shall be maintained at the site available to the
County and Architect-Engineer. A copy, bound, of the complete diary shall be submitted to the
County at the conclusion of the project.
2.1.3 Scheduled Control Subsystem
(1) Master Proiect Schedule - Upon award of this Contract the master project schedule will be
developed by the Construction Team and shall be submitted by the Construction Manager. The
master project schedule shall cover the planning and design approvals, construction and Owner
occupancy of the Project. This schedule will serve as the framework for the subsequent
development of all detailed schedules. The master project schedule shall be produced 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 prepare and submit to the Architect-Engineer a construction
schedule graphically depicting the activities contemplated to occur as a necessary incident to
performance of the work required to complete the project, showing the sequence in which the
Construction Manager proposes for each such activity to occur and duration (dates of
commencement and completion, respectively) 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 above and such determination shall be binding on the
Construction Manager. Failure of the ConstlUction Manager to develop and submit a
construction schedule as aforesaid shall be sufficient grounds for the Architect-Engineer to
notify the County that sufficient cause exists to withhold any payment.
Following development and submittal of the construction schedule as aforesaid, the
Construction Manager shall, at the end of each calendar month occurring thereafter during the
period of time required to finally complete the subject project, or at such earlier intervals as
circumstances may require, update and/or revise the construction schedule to show the actual
progress of the work performed and the occurrence of all events which have affected the
progress of performance of the work already performed or will affect 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 schedule 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 schedule shall be submitted to the Architect-Engineer in
duplicate. Failure of the Construction Manager to update, revise, 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 ConstlUction Manager until a
schedule or schedule update acceptable to the Architect-Engineer is submitted.
(3) The Construction Manager shall prepare and incorporate into the schedule data base, at the
required intervals, the following schedules:
(a) Pre-Bid Schedules (Subnetworks) - The Construction Manager shall prepare a construction
schedule for work encompassed in each bid package. The schedule shall be sufficiently
detailed as to be suitable for inclusion in the bid package as a framework for contract
completion by the successful bidder. It shall show the interrelationships between the work
of the successful bidder and that of other subcontractors, and shall establish milestones
keyed to the overall master schedule.
(b) Subcontractor Construction Schedules (Subnetworks) - Upon the award of each sub-
contract, the Construction Manager shall jointly with the subcontractor, develop a schedule
which is more detailed than the pre-bid schedule included in the specifications, taking into
account the work schedule of the other subcontractors. The construction schedule shall
include as many activities as necessary to make the schedule an effective tool for
construction planning and for monitoring the performance of the subcontractor. The
construction schedule shall also show pertinent activities for material purchase orders,
manpower supply, shop drawing schedules and material delivery schedules.
(c) Occupancv Schedule - The Construction Manager shall jointly develop with the Architect-
Engineer and the County a detailed plan, inclusive of punch lists, final inspections,
maintenance training and turn-over procedures, to be used for 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 requirements, needs, materials,
equipment and systems 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 budget.
Requirements of this subsystem include the following submissions at the following phases of the
project:
Estimates
(a) At completion of Advanced Schematic Preconstruction Phase For Each Item or Bid Package.
(b) At Completion of Design Development Phase For Each Item Or Bid Package.
(c) At establishment of the Guaranteed Maximum Price.
(d) At Completion of 100% ConstlUction Documents Phase For Each Item Or Bid Package.
4
(e) Construction Documents Estimates - Prior to the bid of each bid package, when the working
drawings and specifications are complete, the Construction Manager shall prepare and submit a
cost estimate on the basis of a quantitative material take-off with CUlTent local cost for each bid
group by subcontract package.
2.1.5 Proiect Accounting Subsystem - The operation of this subsystem shall enable the Construction Team
to plan effectively and to monitor and control the funds available for the project, cash flow, costs,
change 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 Report 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 become the total
commitment. Pending change orders will also be shown to produce the total estimated
probable cost to complete the work.
(b) A Payment Status Report showing the value in place (both CUlTent and cumulative), the amount
invoiced (both current and cumulative), the retained, the amount payable (both CUlTent and
cumulative), and the balance remaining. A summary of this report shall accompany each pay
request.
(c) A Detailed Status Report showing the complete activity history of each item in the project
accounting structure. It shall include the 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 flow projections shall be generated for anticipated monthly payments as well as
cumulative payments.
(e) A Job Ledger shall be maintained as necessary to supplement the operation of the project
accounting subsystem. The job ledger will be used to provide construction cost accountability
for general conditions work, on-site reimbursable expenses, and costs requiring accounting
needs.
2.2 PROJECT MANUAL
(1) Upon award of contract the Construction Manager shall develop a draft comprehensive Project
Manual describing the services set forth in this Contract. This shall provide a plan for the
control, direction, coordination and evaluation of work performed throughout the project
organization including identification of key personnel, responsibilities of Construction
Manager, County and Architect-Engineer; work flow diagrams; and strategy for bidding the
work. The Project Manual shall be updated as necessary throughout the design, construction
and Owner occupancy phases. Two hard copies and one PDF file of the Project Manual and
any updates shall be submitted to the County and Architect-Engineer. The development of the
Project Manual shall be a collaborative effort between the County, the Construction Manager
and the Architect-Engineer.
(2) Contents of Project Manual - The Project Manual shall describe in detail the procedures for
executing the work and the organizations participating. The Project Manual shall include as a
minimum the following sections:
(a) Project Definition - The known characteristics of the project or subprojects shall be
described in general terms which will provide the participants a basic understanding of the
project or sub-projects.
(b) Project Goals - The schedule, budget, physical, technical and other objectives for the
project shall be defined.
(c) Project Strategy - A nalTative description of the project delivery methods shall be utilized
5
to accomplish the project goals.
(d) Proiect Organization - A summary organization chart showing the interrelationships
between the County, the Construction Manager, the Architect-Engineer, other supporting
organizations and permitting review agencies. Detailed charts, one each for the
Construction Manager, the Architect-Engineer, and the County showing organizational
elements participating in the project shall be included.
(e) Responsibility Performance Chart - A detailed matrix showing the specific responsibilities
and interrelationships of the County, the Architect-Engineer, and Construction Manager.
The Responsibility Performance Chart shall indicate major responsibility, and minor
responsibility, for each specific task required to deliver the project. The Construction
Manager shall develop a similar chart for the personnel within his own organization who
are assigned to the project, and also for the personnel of the County and the Architect-
Engineer from data supplied by each.
(f) Flow Diagrams - These charts shall display the flow of information and the decision
process for the review and approval of shop drawings and submittals, progress and change
orders.
(g) Written Procedures - 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 meetings, technical reviews, design reviews, and other necessary
communications.
(h) Electronic Procedures - The Construction Manager will provide electronic procedures for
the processing of all project correspondence including RFI's, RFP's etc.
2,3 DESIGN REVIEW AND RECOMMENDATIONS
(1) Review and Recommendations and Warranty. - The 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 the
selection of systems and materials, and cost reducing alternatives including assistance to the
Architect-Engineer, and the County in evaluating alternative comparisons versus long term cost
effects. The evaluation shall speak to the benefits of the speed of erection and early completion
of the project. He shall furnish pertinent information as to the availability of materials and
labor that will be required. He shall submit to the County, Permitting Authority and Architect-
Engineer such comments as may be appropriate concerning construction feasibility and
practicality. He 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) Review Reports and Warranty - Within Forty-five (45) days after receiving the Construction
Documents for each phase of the project, the Construction Manager shall perform a specific
review thereof, 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 recommendations previously submitted, additional suggestions
or recommendations as he may deem appropriate, and all actions taken by the Architect-
Engineer with respect to same, any comments he may deem to be appropriate with respect to
separating the work into separate contracts, alternative materials, and all comments called for
under Article 2.3(5).
A T COMPLETION OF THE CONSTRUCTION MANAGER'S REVIEW OF THE PLANS
AND SPECIFICATIONS, EXCEPT ONLY AS TO SPECIFIC MATTERS AS MAYBE
IDENTIFIED BY APPROPRIATE COMMENTS PURSUANT TO THIS SECTION, THE
CONSTRUCTION MANAGER SHALL WARRANT, WITHOUT ASSUMING ANY
ARCHITECTURAL OR ENGINEERING RESPONSIBILITY, THAT THE PLANS AND
SPECIFICATIONS ARE CONSISTENT, PRACTICAL, FEASIBLE AND
CONSTRUCTIBLE. CONSTRUCTION MANAGER SHALL WARRANT THAT THE
WORK DESCRIBED IN THE PLANS AND SPECIFICATIONS FOR THE VARIOUS
BIDDING PACKAGES IS CONSTRUCTIBLE WITHIN THE SCHEDULED
6
CONSTRUCTION TIME.
DISCLAIMER OF WARRANTY: - THE COUNTY DOES NOT WARRANT THE
ACCURACY OR THE CONSTUCTIBILITY OF THE PLANS OR SPECIFICATIONS.
(3) Long Lead Procurements - The Construction Manager shall review the design 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 the Architect-Engineer of the required procurement and schedule. Such
information shall be included in the bid documents and made a part of all affected sub-
contracts. As soon as the Architect-Engineer has completed drawings and technical
specifications and permitting approval has been obtained, the Construction Manager shall
prepare invitations for bids. The Construction Manager shall keep himself informed of the
progress of the respective subcontractors or suppliers, manufacturing or fabricating such items
and advise Project Director, Owner and Architect-Engineer of any problems or prospective
delay in delivery.
(4) Separate Contracts Planning - The Construction Manager shall review the design with the
Architect-Engineer and make recommendations to the County and to the Architect-Engineer
with respect to dividing the work in such manner as will pennit the Construction Manager to
take bids and award separate construction sub-contracts on the current schedule while the
design is being completed. He shall take into consideration such factors as natural and practical
lines of severability, sequencing effectiveness, access and availability constraints, total time for
completion, construction market conditions, availability of labor and materials, community
relations and any other factors pertinent to saving time and cost by overlapping design and
construction that are authorized by the 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, sequenced to maintain completion of all work on
schedule. Particular attention shall be given to provide that each bid package clearly
identifies the work included in that particular separate subcontract, its schedule for start and
completion and its relationship to other separate subcontractors.
(b) Without assuming any Design responsibilities of the Architect-Engineer, the Construction
Manager shall include in the reports required under Article 2.3(2) comments on overlap
with any other separate subcontracts, omissions, lack of correlation between drawings, and
any other deficiencies noted, in order that the Project Director and Architect-Engineer may
arrange for necessary corrections.
(6) Job-Site Facilities - The Construction Manager shall arrange for all job-site facilities necessary
to enable the Construction Manager and the County's representatives and the Architect-
Engineer to perform their respective duties in the management, inspection, and supervision of
construction.
Tangible personal propeliy, otherwise referred to as Job-Site facilities, include but are not
limited to such things as trailers, toilets, typewriters, computers and any other equipment
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 facilities equipment from his own equipment pool at a price not greater than the lowest
of three (3) lease proposals obtained.
(7) Weather Protection - The Construction Manager shall ascertain what temporary enclosures, 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. He shall submit to the Construction Team his recommendations as to
needed requirements of this nature and as to the contract or contracts in which they should be
included.
(8) Market Analysis and Stimulation of Bidder Interest
(a) The Construction Manager shall monitor conditions in the construction market to identify
7
factors that will or may affect costs and time for completing the project; he shall make
analysis as necessary to (1) 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 alternative materials, equipment or methods, other
economics in design or construction, and other matters that will promote cost savings and
completion within the scheduled time. In no event shall the Construction Manager be held
to a standard of financial accounting or foreseeability unreasonable given the
unpredictability of world commerce. As a result, the Construction Manager shall maintain
a contingency fund for alternates and additional scope changes and a contingency fund for
change orders/cost escalations.
(b) Within thirty (30) days after receiving Notice to Proceed, the Construction Manager shall
submit a written "Construction Market Analysis and Prospective Bidders Report" setting
out recommendations and providing information as to prospective bidders. As various bid
packages are prepared for bidding, the Construction Manager shall submit to the Project
Director and the Architect-Engineer a list of potential bidders. The Construction Manager
shall be responsible to stimulate bidder interest in the 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 requirements of this proj ect.
2.4 CONSTRUCTION PHASE
(1) Construction Manager's Staff - The Constmction Manager shall maintain sufficient off-site
support staff, and competent full time staff at the Project site authorized to act on behalf of the
Construction Manager to coordinate, inspect and provide general direction 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 agreement. 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 replacement personnel. Such approval will not be unreasonably withheld.
(2) Lines of Authority - The Construction Manager shall establish and maintain lines of authority
for his personnel, and shall provide this definition to the County and all other affected parties
such as the code inspectors of the Permitting 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 Manager 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 Proiect Manual Provisions - The Construction Manager shall provide
subcontractors and the County, its representatives and the Architect-Engineer with electronic
copies of the Project Manual developed and updated as required by Article 2.2 expanded for the
Construction Phase employing their respective milestones, beginning and finishing dates, their
respective responsibilities for performance and the relationships of their work with respect to
subcontractors and suppliers. The schedule shall include all phases of the construction work,
material supplies, long lead procurement, approval of shop drawings, change orders in
progress, schedules for change orders, and performance testing requirements. He shall advise
the County, its representatives and the Architect-Engineer of their required participation in any
meeting 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 least once each
month with the Construction Team and at least once each week with the subcontractors and the
Architect-Engineer's Field Representative, or more frequently as required by work progress, to
review progress, discuss problems and their solutions and coordinate future work with all
subcontractors.
(4) Solicitation of Bids
(a) Without assuming responsibilities of the Architect-Engineer, and unless waived in writing
by the County, the Construction Manager shall prepare invitations for bids, or requests for
8
proposal when applicable, for all procurements of long lead 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 procedures for all
procurements of long lead items, materials and services, and for Subcontractor contracts.
Invitations for bids shall be prepared in accordance with the following guidelines:
1. Contracts over Ten Thousand Dollars ($10,000) but not exceeding Twenty Five
Thousand 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. These quotations shall be entered 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 scope and quality of work to be provided and
awarded to the firm with the most responsive bid.
2. Contracts exceeding Twenty Five Thousand Dollars ($25,000) but not exceeding Two
Hundred Thousand 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 request at least three (3) firms to submit sealed
written proposals based on drawings and/or specifications. The written proposals
shall all be received at the location, date and time named by the Construction
Manager in his request for proposal. A tabulation of the results shall be furnished to
the County and Architect-Engineer upon request.
3. Contracts exceeding Two Hundred Thousand 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 advertise these projects at least
once with the last advertisement appearing at least 21 calendar days prior to the
established bid opening date and at least five 5 days prior to any scheduled pre-bid
conference. 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 ($10,000) each may be made without bids or quotes when
reasonably necessary to expedite work on the project, however, the Construction
Manager shall not divide or separate procurement in order to avoid the requirements
set forth above.
5. Site utilities may be acquired at market rates from the entity(ies) providing such in the
franchise area.
(b) As part of such preparation, the Construction Manager shall review the specifications 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 the
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 conference, if questions are raised which require an interpretation of the
bidding documents or otherwise indicate a need for clarification or correction of the
invitation, the Construction Manager shall transmit these to the Architect-Engineer and
upon receiving clarification or correction in writing shall prepare an addendum to the
bidding document, and issue same to all ofthe prospective bidders.
(d) For all contracts exceeding Two Hundred 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 (100) percent Performance Bond and a one
hundred (100) percent Labor and Material Payment Bond each in an amount not less than the
total construction cost as defined in Article 9 and inclusive of the Construction Manager's fees.
To be acceptable to the County as Surety for Performance Bonds and Labor and Material
Payment Bonds, a Surety Company shall comply with the following provisions:
9
1. The Surety Company shall have a currently valid Certificate of Authority, issued by the
State of Florida, Department of Insurance, authorizing it to write surety bonds in the State
of Florida.
2. The Surety Company shall have currently valid Certificate of Authority issued by the
United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the
United States Code.
3. The Surety Company shall be m full compliance with the provIsIOns of the Florida
Insurance Code.
4. The Surety Company shall have at least twice the minimum surplus and capital required by
the Florida Insurance Code at the time the invitation to bid is issued.
5, If the Contract Award Amount exceeds Five Hundred Thousand ($500,000), the Surety
Company shall also comply with the following provisions:
A. The Surety Company shall have at least the following minimum ratings in the latest
issue of Best's Key Rating Guide.
CONTRACT AMOUNT
POLICYHOLDER'S
RATING
REQUIRED
FINANCIAL RATING
TO 1,000,000 A-
TO 2,000,000 A-
TO 5,000,000 A-
TO 10,000,000 A-
TO 25,000,000 A-
TO 50,000,000 A-
TO 100,000,000 A-
B. The Surety 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 be deducted in determining
the limitation of the risk as prescribed in this section. These minimum
requirements shall apply to the reinsuring carrier providing authorization or
approval by the State of Florida, Department of Insurance to do business in this
state have been met.
(b) In the case of the surety insurance company, in addition to the deduction for
reinsurance, the amount assumed by any co-surety, the value of any security
deposited, pledged or held subject to the consent of the surety and for the
protection of the surety shall be deducted.
(6) Qualitv Control - The Construction Manager shall develop and maintain a program, acceptable
to the County and Architect-Engineer, to assure quality control of the construction. He shall
supervise the work of all subcontractors providing instructions to each 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
timely manner so as to not affect the efficient progress of the work. Should disagreement occur
between the Construction Manager, and the Architect-Engineer over acceptability of work and
conformance with the requirements of the specifications and plans. The Architect shall be the
initial judge of performance and acceptability. The Construction Manager shall be entitled to
appeal any decision of the Architect to the Director of Facilities for County. However, the
constmction Manager shall perform the work in accordance with the final decision/direction
reserving right to appeal for additional cost.
(7) Subcontractor Interfacing - The Construction Manager shall be the single point of interface
10
with all subcontractors for the County and all of its agents and representatives including the
Architect-Engineer. He shall negotiate all change orders, field orders and request for proposals,
with all affected subcontractors and shall review the costs of those proposals and advise the
County and Architect-Engineer of their validity and reasonableness, acting in the County's best
interest prior to requesting approval of each change order from the County. Before any work is
begun on any change order, a written authorization from the County must be issued. However,
when health and safety are threatened, the Construction Manager shall act immediately to
remove the threat to health and safety. He shall also carefully review all shop drawings and
then forward the same 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 suspense control system to promote expeditious handling. He shall request the
Architect-Engineer to make interpretations of the drawings or specifications requested of him
by the subcontractors and shall maintain a suspense control system to promote timely response.
He shall advise the Project Director and Architect-Engineer when timely response is not
occurring on any of the above.
(8) Permits - The Construction Manager shall coordinate with the Architect-Engineer in order to
secure all necessary building permits from the Permitting Authority and all necessary utility
connection permits, the cost of which will be considered a direct cost item.
(9) Job Site Requirements
(a) The Construction Manager shall provide for each of the following activities as a part of his
Construction Phase fee:
1. Maintain a log of daily activities, including manpower records, weather, delays, major
decisions, etc.
2. Maintain a roster of companies on the project with names and telephone numbers of
key personnel.
3. Establish and enforce job rules governing parking, clean-up, use of facilities, worker
discipline and control of access to areas under construction.
4. Provide 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 office supplies that support the construction efforts which are
consumed by his own forces.
8. Travel to and from his home office 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 item:
1. Schedule the services of independent testing laboratories and provide the necessary
testing of materials to ensure conformance to contract requirements.
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 Meetings - Hold weekly progress and coordination meetings to provide for an easy
flowing project. Implement procedures and assure timely submittals, expedite processing
approvals and return of shop drawings, samples, etc. Coordinate and expedite critical
ordering including direct tax saving purchases and delivery of materials, work sequences,
11
inspection and testing, labor allocation, etc. Review and coordinate each subcontractor's
work. Review and implement revisions to the Schedule. Monitor and promote safety
requirements. In addition, regular project status meetings will be held between the
Architect-Engineer, the County and the Construction Manager either biweekly or monthly,
whichever is designated by the Project Director.
Use the job site meeting as a tool for preplanning of work and enforcing schedules and for
establishing procedures, 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 each pending item at each subsequent
meeting until resolution is achieved. Require all present to make any problems or delaying
event known to those present for appropriate attention and resolution.
b) Shop Drawing Submittals/Approvals - Provide staffto 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) Pavments to subcontractors - Develop and implement a procedure for review, processing,
and payment of applications by subcontractors for progress and final payments.
(e) Document Interpretation - Refer all questions for interpretation of the documents prepared
by the Architect-Engineer to the Architect-Engineer.
(f) Reports and Proiect Site Documents - Record the progress of the project. Submit written
progress reports to the County and the Architect-Engineer including information on the
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 incomplete items and schedules for their completion.
(h) Substantial Completion - Ascertain when the work or designated 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 review. 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. The
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 notice to the County and Architect-Engineer that the work is ready for
final inspection. Secure and transmit to the County, through the Architect-Engineer, all
required guarantees, affidavits, releases, including but not limited to release of liens, bonds
and waivers, manuals, record drawings, and maintenance books including the Final
Completion form shown in Exhibit E.
(j) Start-Up - With the County's personnel, direct the checkout of utilities, operations, systems
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
require the plumbing, air conditioning, heating, ventilating, elevator, and electrical
subcontractors to record on their field sets of drawings the exact locations, as installed, of
all conduit, pipe and duct lines whether concealed or exposed which were not installed
exactly as shown on the contract drawings. The Construction Manager shall also record all
drawing revisions that have been authorized by change order that effect wall or partition
locations, door and window locations and other template changes. The exact routing of
12
conduit runs shall be shown on these drawings. In addition, the Constmction Manager shall
forward all record drawing information to the Architect-Engineer who will provide the
record drawings in Autocad form to the County. The Construction Manager shall provide
ongoing construction site surveys during and upon completion of excavation, upon
completion of ground floor and first floor columns and at other critical stages.
Each 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 the sheets shall not be disturbed except as noted above.
The Construction Manager shall review the completed As-Built drawings and ascertain that
all data furnished on the drawings are accurate and truly represent the work as actually
installed. When manholes, boxes, 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 Purchase/Delivery Logs-
Contract Drawings and Specifications with Addenda Clearly Posted on Drawings
Wananties 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
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence 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
RFIIRFP Logs and Entries
The project records shall be available at all times to the County and Architect-Engineer for
reference or review.
(12) County Occupancy - The Construction Manager shall provide services during the design and
construction phases, which will provide a smooth and successful County occupancy of the
project. He shall provide consultation and project management to facilitate County occupancy
13
and provide transitional services to get the work, as completed by the contractors, "on line" in
such conditions as will satisfy County operational requirements,
He shall conduct the Construction Manager's preliminary punch list inspection and coordinate
the completion of all punch list work to be done with Owner occupancy requirements in mind.
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, for building operators.
He shall secure required guarantees and warranties, assemble and deliver same to the County in
a manner that will facilitate their maximum enforcement and assure their meaningful
implementation.
He shall continuously review As-Built Drawings and mark up progress prints to provide as
much accuracy as possible.
The County will not occupy or take control of the project until the above items discussed in this
paragraph have been completed and the "Substantial Completion", "Start-Up", "Record
Drawing", and "Warranty" requirements specified in paragraphs 2.4(10)(h), 2.4(1O)U),
2.4(1O)(k), and 2.4(13) have been completed to the County's satisfaction excluding the
requirements for a warranty inspection nine months after Owner Occupancy.
(13) Warranty - Where any work is performed by the Construction Manager's own forces or by
subcontractors under 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 otherwise in Contract Documents, 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 material and workmanship or not in
conformance 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
proj ect.
3.2 County's Representative - 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. He shall render decisions promptly and furnish information expeditiously.
3.3 Architect and Engineer's Agreement - The County shall retain an Architect-Engineer for design and to
prepare construction documents for the project. The Architect-Engineer's services, duties and
responsibilities are described in the Agreement between the County and the Architect-Engineer, a
copy of which will be furnished to the Construction Manager. The Agreement between the County
and the Architect-Engineer shall not be modified without written notification to the Construction
Manager.
3.4 Site Survey and Reports - The County shall provide all surveys describing the existing physical
characteristics, soil reports, and subsurface investigations, legal limitations, utility locations, and a
legal description.
3.5 Approvals and Easements - The 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 necessary for providing the
items set forth in Article 3.5 and such auditing services as it may require.
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3.7 Drawings and Specifications - The County shall direct the Architect-Engineer to provide the
Construction Manager with an electronic set of all Drawings and Specifications.
3.8 Cost of Surveys & Reports - The services, information, surveys and reports required by the above
paragraphs shall be furnished with reasonable promptness in accordance with the approved schedule at
the County's expense, and the Construction Manager shall be entitled to rely upon the accuracy and
completeness thereof.
3.9 Proiect Fault Defects - If the County becomes aware of any fault or defect in the Project or non-
conformance with the drawings and specifications, the County shall give prompt written notice thereof
to the Construction Manager and Architect-Engineer in written form.
3.10 Funding - The County shall furnish in accordance with the established 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 Lines of Communication - The County and Architect-Engineer shall communicate with the
subcontractors or suppliers only through the Construction Manager while such method of
communication is effective in maintaining project schedules and quality.
3.12 Lines of Authority - The County shall establish and maintain lines of authority for its personnel and
shall provide this definition to the Construction Manager and all other affected parties.
3.13 Permitting & Code Inspections - The County recognizes and coordinates with the Permitting Authority
and expects the Construction Manager to do the same.
3.14 Threshold Inspection - Ifrequired, 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 inspected for code compliance, compliance with drawings
and specifications by inspectors working for the Permitting Authority. The building permitting and code
inspection requirements shall be as described in Articles 4.1 through 4.2 hereinafter.
4.1 Building Permits - The Construction Manager is obligated to obtain and pay for building permits from
all authorities for construction ofthis County facility.
In the case of plumbing, electrical, other internal system permits and connection permits, the
Construction Manager or appropriate subcontractor is obligated to obtain such permits and pay such fees.
The Construction Manager shall determine the permits and fees 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 Code Inspections - All projects will require detailed code compliance inspections by the local authorities
with jurisdiction over the area in which the project is located. The disciplines normally include, but are
not necessarily limited to, structural, mechanical, electrical, plumbing and general building. The
contractor shall make all permits, drawings, specifications, previous inspection reports, and change
documents available to Code Inspectors. The contractor shall provide a copy of each inspection report to
the ArchitectJEngineer in a timely fashion.
ARTICLE 5
SUBCONTRACTS
5.1 Definition - A subcontractor is a person or organization who has a direct contract with the
Construction Manager to perform 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 accordance with Article 2.4(4), the Construction Manager shall
request and receive proposals from subcontractors and suppliers and will award those contracts to the
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most responsive bidder after he has reviewed each proposal for compliance with the bid package and
is satisfied that the subcontractor is qualified to perform the work.
5.3 REQUIRED SUBCONTRACTORS' QUALIFICATIONS AND SUBCONTRACT CONDITIONS
5.3.1 Sub contractual Relations - By an appropriate written agreement, the Construction Manager shall
require each subcontractor to the extent of the work to be performed by the subcontractor, to be bound
to the Construction Manager by the terms of the Contract Documents, and to assume toward the
Construction Manager all the obligations and responsibilities which the Construction Manager by
these Documents, assumes toward the County and the Architect-Engineer. Said agreements shall
preserve and protect the rights of the County and Architect-Engineer under the Contract Documents
with respect to the Work to be performed by the 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 make
copies of such Documents available to any Sub-subcontractor.
5.3.2 Subcontract Requirements
(1) On all subcontracts where the bid exceeds One Hundred Thousand Dollars ($100,000) the
Construction Manager may require subcontractors to provide a one hundred (100) percent
performance bond and a one hundred (100) percent labor and material payment bond from a surety
company authorized to do business in the State of Florida 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 unreasonably 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 Statement" Form #DBC-
5085, or equivalent form supplied by Construction Manager.
(3) Subcontractor experience - The subcontractor must have successfully 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
superintendent for each trade (general concrete forming and placement, masonry, mechanical,
plumbing, electrical and roofing) included in the subcontract. In addition, the subcontractor shall
assign and name a qualified employee for scheduling direction for its work. The supervisory
employees of the subcontractor (including field superintendent, foreman and schedulers at all levels)
must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a
similar project for at least two years within the last five years. The subcontractor shall include a
resume of experience for each employee identified by him to supervise and schedule his work.
(5) All subcontracts shall provide:
a. LIMITATION OF REMEDY - NO DAMAGES FOR DELAY
That the subcontractor's exclusive remedy for delays in the performance of the contract caused
by events beyond its control, including delays claimed to be caused by the County or Architect-
Engineer or attributable to the 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 the work the subcontractor's claim for adjustments in the contract
sum are limited exclusively to its actual costs for such changes plus no more than 15% for
overhead, profit and bond costs.
Each subcontract shall require the subcontractor to expressly agree that the foregoing constitute
the sole and exclusive remedies for delays and changes in the work and thus eliminate any
other remedies for claim for increase in the contract price, damages, losses or additional
compensation.
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b. Each subcontract shall require that any claims by subcontractor for delay or additional cost
must be submitted to Construction Manager within the time and in the manner in which the
Construction Manager must submit such claims to the County, and that failure to comply with
the conditions for giving notice and submitting claims shall result in the waiver of such claims.
5.4 Responsibilities for Acts and Omissions - The Construction Manager shall be responsible to the
County for the acts and omissions of its employees and agents and its subcontractors, their agents and
employees, and all other persons 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 Eleven (11) months
after the receipt of final drawings and specifications, receipt of all necessary permits and issuance of
the Notice-To-Proceed, due to no fault of the County and due to acts or omissions on the part of the
Construction Manager, its employees 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 One Thousand dollars ($1,000) per
working day for each day or portion thereof.
5.5 Subcontracts to be provided. The Construction Manager shall include a copy of each subcontract,
including the general supplementary conditions, in the project manual.
ARTICLE 6
SCHEDULE, TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
6.1 At the time a Guaranteed Maximum Price (GMP) is established, as provided 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 be established by
the Construction Team. The Construction Manager agrees to complete the construction in accordance
with the agreed upon substantial completion date, final completion date and County Occupancy date.
The 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 reduce or waive liquidated damages.
6.2 The date of County Occupancy shall occur as described in Article 2.4(12) hereinabove. Warranties
called for by this Agreement or by the Drawings and Specifications shall commence after receipt of all
final inspections .
ARTICLE 7
GUARANTEED MAXIMUM PRICE FOR CONSTRUCTION
7.1 When the Design Development Documents are sufficiently complete to establish 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-Engineer and Construction Manager upon execution of this Agreement, which is to be
used only as a guide in developing the specifications and plan data necessary to establish a Guaranteed
Maximum Price, or at such time thereafter designated by the County, the Construction Manager will
establish and submit in writing to the County for approval a Guaranteed Maximum Price, guaranteeing
the maximum price to the County, for the construction cost of the project or designated part thereof.
Such Guaranteed Maximum Price will be subject to modification for changes in the project as
provided in Article 10. However, 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 Manager's fees or the GMP, whichever is
less when the work is complete.
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 Trade 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 the work has been completed and the Owner requests that the
contingency within the GMP be adjusted, then ten (10) percent of the contingency within the GMP
will be removed from the GMP by change order.
7.4 At the time of submission of a Guaranteed Maximum Price, the Construction Manager will verify the
time schedule for activities 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
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include an agreed upon sum as the construction contingency which is included for the purpose of
defraying the expenses due to unforeseen circumstances relating to construction. The Construction
Manager will be required to fumish documentation evidencing expenditures charged to this
contingency prior to the release of funds by the County. Documentation for use of the Contingency
shall be determined by the Construction Team, included in the Project Manual and displayed monthly
in the PMIS. The Architect-Engineer shall verify the actual costs. If bids are received below the
applicable line items in the GMP, the surplus will be added to the contingency.
If bids received are two (2) percent or greater above the applicable line item in the GMP the
Construction Manager shall seek approval in writing from the County before they are accepted and
taken from contingency; if the bids received are less than (2) percent above the applicable line item in
the GMP the deficiency will be taken 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 reserves the right to perform that portion of the work as
acknowledged by the County or negotiate for its performance for the specified line item lump sum
amount or less.
ARTICLE 8
CONSTRUCTION MANAGER'S FEE
8.1 In consideration of the performance of the contract, the County agrees to pay the Construction
Manager as compensation for his services, fees as set forth in Subparagraphs 8.1.1, 8.1.2 and 8.1.3.
8.1.1 Preconstruction Phase Fee - For the performance of the services set forth under paragraphs 2.1.3(1),
2.1.4(a)(b)( c)(d), 2.3(1) and 2.3(2) and for profit and overhead related to these 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. 218.735. The first monthly payment shall become due following proper
invoicing and the issuance of Notice-To-Proceed with the Preconstruction Phase Services.
The Construction Manager's personnel to be assigned during this phase and their duties and
responsibilities to this proj ect and the duration of their assignments are shown on Exhibit F.
8.1.2 Construction Phase Fee - Prior to commencement of the Construction Phase, the County will direct the
Construction Manager in writing to proceed into the Construction Phase. The Construction Manager's
compensation for work or services performed during the Construction Phase shall be a fee of Six
Hundred Fifty Thousand ($650,000). (However, the County retains the right to review the need and
effectiveness 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) each 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 become due following the issuance 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 project accepted by the
County. If consh'uction is authorized only for a part of the project, the fee paid shall be proportionate
to the amount of work authorized by the County.
(1) Construction Manager's Exclusive Remedy: In the event the construction Substantial or Final
Completion date is extended, regardless 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) Costs and Expenses Included in Fee - The following are included in the Construction Manager's
fee for services during the Construction Phase:
(a) Salaries or other compensation of the Construction Manager's employees at his principal
office and branch offices.
The Construction Manager's personnel to be assigned during the construction phase,
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their duties and responsibilities to this project and the duration of their assignments are
shown on Exhibits Hand 1.
(b)
(c)
The costs of all data processing staff.
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
Phase under the job site management and supervision fee, their duties and
responsibilities and the duration of their assignment are shown on Exhibit 1.
(d)
General operating expenses incurred in the management and supervision of the project,
except as expressly included in Article 9.
(e)
Those services set forth in Article 2.4(9)(a).
(f)
Job office supplies - includes paper, pencils, paper clips, file folders, staples, etc., and
janitorial supplies (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 expenses of any kind,
except as may be expressly included in Article 9, for services provided during and related to the
construction phase, the fee shall be 5.5% of the actual Guaranteed Maximum Price and in the event of
any error in the Fee Proposal, the individual fee percentage shall prevail in accordance with the
Request For Proposal. Additionally the fee shall be paid proportionally to the ratio of the cost of the
work in place, and less retainage (see Article 12.1), as it relates to the 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 project, the fee paid shall
be proportionate to the amount of work authorized by the County, plus suspension expenses equal to
10% of the balance of construction phase fees lost by the Construction Manager as a result of the
suspensIOn.
ARTICLE 9
COST OF THE PROJECT
9.1 Definition - The term Cost of the Project shall mean costs necessarily incurred in the Project during
the Construction Phase for Construction services and paid by the Construction Manager which is not
included in Article 8. Such costs shall include the items set forth below 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 Manager'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 performance of his work under this
Agreement times a multiple of 1.5 to cover fringe benefits. The 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 Manager or made by the Conshuction
Manager to subcontractors for their work performed pursuant to contract under this Agreement.
(4) Cost including transportation and maintenance of all materials, supplies, equipment, temporary
facilities and hand tools not owned by the workmen, which are employed or consumed in the
performance of the work.
(5) Rental charges on all necessary machinery and equipment, exclusive of hand tools used at the
site of the Project, whether rented from the Construction Manager or other, including
installation, repairs and replacements, dismantling, removal, costs of lubrication, transportation
and delivery costs thereof, which are used in the support of a sub-contractor or the Construction
Manager's own forces in the performance of the work, at rental charges consistent with those
prevailing in the area.
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(6) Cost of the premiums for all insurance and cost of premiums for all bonds which the
Construction Manager is required to procure by this Agreement specifically for the construction
project. This includes any sub-contractor bonds the Construction Manager deems appropriate.
(7) Sales, use, gross receipts or similar taxes related to allowable direct costs of the Project
imposed by any governmental authority, and for which the Construction Manager is liable.
(8) The cost of corrective work subject, however, to the GMP and except for any corrective work
made necessary because of defective workmanship or other causes contributed to by the
Construction Manager or his subcontractors or suppliers.
No costs shall be paid by the County to the Construction Manager for any expenses made
necessary to correct defective workmanship or to correct any work not in conformance with the
Plans and Specifications or to correct any deficiency or damage caused by negligent acts by the
Construction Manager.
(9) Minor expenses at the site, such as telegrams, long distance telephone calls, telephone 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.
(11) Cost incurred due to an emergency affecting the safety of persons and property.
(12) Legal costs and fees reasonably and properly resulting from prosecution of the Project for the
County, including handling claims for changes by Subcontractors and Vendors, subject to the
following limitations:
(a) The County approved incurring such costs in advance, which approval shall not be
unreasonably denied; and
(b) The legal costs and fees were not incurred as result of the Construction Manager's own
negligence or default.
This paragraph does not provide for payment of legal costs and fees incurred in preparing or
asserting claim or requests, by Construction Manager himself or for his legal representative, for
change orders or in enforcing the obligations of this contract.
(13) If requested by the County, the Construction Manager will perform all or a portion of any item
in Article 9 for the cost of the work.
(14) If approved by the County, the 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 the work.
(15) Transportation greater than a hundred (100) miles from the site for those personnel employed
directly for the project. Such transportation must be approved in advance by the County, and
may be in accordance 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 for bidding or information purposes required by the project to
directly benefit the project.
(17) Costs for watchman and security services for the project.
(18) Costs for efficient logistical control of the site, including horizontal and vertical transportation
of materials and personnel. Also, costs for 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 for any job site items not referenced herein, not normally provided by the subcontractors,
which will be provided by the Construction Manager as required to complete the work.
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10.1
10.1.1
10.1.2
10.1.3
10.1.4
10.1.5
(21)
Cost of utilizing a computer aided design and drafting application (CADD) for record drawings
as described in Article 2.4(10)(k). Upon completion of the work, the Construction Manager
shall furnish record drawing information to the Architect-Engineer. The Architect-Engineer
shall record all as-built conditions on disk and shall forward a copy of the disk together with a
set of blue line or black line prints to the County.
(22)
(23)
Costs for independent testing and resulting documentation pursuant to Article 2.4(9)(b) 1.
Cost of all permits, applications and review fees.
ARTICLE 10
CHANGE IN THE PROJECT
Change Orders - The County, without invalidating this Agreement, may order Changes in the Project
within the general scope of this Agreement consisting of additions, deletions or other revisions, the
GMP, and the Construction Completion Date, being adjusted accordingly. All changes in the Project
not covered by an authorized contingency shall be authorized by written Change Order signed by the
County. The County Administrator shall be authorized to sign all Change Orders not exceeding
Twenty five Thousand Dollars ($25,000). Change Orders which exceed Twenty Five Thousand and
One Dollars ($25,001) 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 Project.
The increase or decrease in the Guaranteed Maximum Price resulting from a change in the Project
shall be determined in one or more of the following ways:
(1) by mutual acceptance 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 Agreement or subsequently agreed upon;
(3) by cost as defined in Article 9 and a mutually acceptable fixed or percentage fee; 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 receives 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 perform 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
Manager shall keep and present, in such form as the County may prescribe, an itemized accounting
together with appropriate supporting data of the increase in the Cost of the Project as outlined in
Article 9. The amount of decrease in the Guaranteed Maximum Price to be allowed by the
Construction Manager to the County for 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 subsequently agreed upon, and if the quantities originally
contemplated are so changed in a proposed Change Order that application of the agreed unit prices to
the quantities of Work proposed will cause substantial inequity to the County or the Construction
Manager, the applicable unit prices and Guaranteed Maximum Price shall be equitably adjusted.
Should concealed conditions encountered in the performance of the Work below the surface of the
ground or should concealed or unknown conditions in an existing structure be at variance with the
conditions indicated by the Drawings, Specifications, or County furnished information or should
unknown physical conditions below the surface of the ground or should concealed or unknown
conditions in an existing structure of an unusual nature, differing materially from those ordinarily
encountered and generally recognized as inherent in work of the character provided for in this
Agreement, be encountered, the Guaranteed Maximum Price and the Construction Completion date
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shall be equitably adjusted by Change Order upon a request for Change Order in accordance with
Article 10.2.
10.2 Claims for Additional Cost or Time
All claims for additional cost or time shall be made by request for a change order submitted as
provided in Article 16.
If the Construction Manager is delayed at any time in the progress of the work by any act or omission
ofthe County or the Architect-Engineers or of any employee of the County or by any changes ordered
in the work by labor disputes, fire, or unusual delay in transportation, unavoidable casualties or any
causes beyond the Construction Manager's control or by delay authorized by the County pending
resolution of disputes, and such delay extends the completion date, the Substantial Completion shall
be extended by Change Order for such reasonable time as the Construction Team may determine, and
payment of fees as defined in Article 8.1.2.
Only delays which are determined to extend the critical path for the schedule for constructing the
project will result in a time extension and payment of additional construction phase fee and overhead
and profit for construction phase, as described in Article 8.12. N either the County nor the
Construction Manager shall be considered to own the schedule float time.
10.3 Changes in the Proiect
The 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 the intent of the Drawings and Specifications. Such changes shall be
effected by written order. Documentation of changes shall be determined by the Construction Team,
included in the Project Manual and displayed monthly in the PMIS. Anv changes shall be approved
by the Project Director.
lOA Emergencies
In 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 Guaranteed Maximum
Price or extension of time claimed by the Construction Manager on account of emergency work shall
be determined as provided in Article 10.
ARTICLE 11
DISCOUNTS AND PENALTIES
11.1 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, rebates 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
12.1 Monthly Statements - The Construction Manager shall submit to the County a statement, swom 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 held on all payments until the contract is fifty percent (50%) complete, except
when approved by the County certain suppliers and subcontractors may be paid the entire amount due
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 percent (10%) to five percent (5%) at its
discretion. Retainage shall not be withheld on services or fees set forth in Article 8. The Construction
Manager's Design Phase Fee, Construction Phase Fee and Overhead & Profit shall be shown as
separate line items on the Schedule of Contract Values.
12.2 Final Payment - Final payment constituting the unpaid balance of the Cost of the Project and the
Construction Manager's fee, shall be due and payable as described in Article 17.5 after the County has
accepted occupancy of the project, provided that the Project be then finally completed, that the
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Construction Manager has verified by his signature that he has completed all items specified on the
attached K, and that this Agreement has been finally performed. However, if there should remain
work to be completed, the Construction Manager and the Architect-Engineer shall list those items
prior to receiving final payment and the County may retain a sum equal to two hundred percent
(200%) of the estimated cost of completing any unfinished work and portion of the Construction
Manager's retainage, provided that said unfinished items are listed 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 item after each of said items is completed.
12.3 Payments to Subcontractors - The Construction Manager shall promptly, within fifteen (15) days after
receipt of payment from the County, pay all the amount due subcontractors less a retainage of ten
percent (10%) until the project is fifty percent (50%) complete, and based on Construction Manager's
evaluation of the subcontractor's acceptable performance, the County may approve a reduction in
retainage from ten percent (10%) 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 Manager 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 listed separately and the estimated cost of completing any unfinished items
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 Construction Manager shall
pay to the subcontractors, monthly, the amount retained for each incomplete item after each of said
items is completed. Before issuance of final payment without any retainage, the subcontractor shall
submit satisfactory evidence that all payrolls, material bills and other indebtedness connected with the
Project have been paid or otherwise satisfied, warranty information is complete, as-built markups have
been submitted and instruction for the County's operating and maintenance personnel is complete.
Final payment may be made to certain select subcontractors whose work is satisfactorily completed
prior to the total completion of the Project but only upon approval of the County.
12.4 Delaved Payments by Owner - If the County should fail to pay the Construction Manager within thirty
(30) days after the receipt of an approved payment request from the Construction Manager, then the
Construction Manager may, upon seven (7) additional days written notice to the County and the
Architect-Engineer stop the Project until payment of the amount owing has been received.
Approval of payment requires that application for payment shall be made by the Construction
Manager and is then reviewed and signed by the Construction Manager, Architect-Engineer, the
Director of Facilities Development, the County Engineer, and the County Administrator. The thirty
(30) days above begins to run on the date that an error free copy is received by Facilities
Development.
12.5 Payments for Materials and Equipment - Payments will be made for 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 Manager 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 Indemnity
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, The
Construction Manager shall defend, indemnify and hold the County and the County's elected and
appointed officers and employees harmless from and against (i) any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings
relating to any type of injury (including death), loss, damage, fine or penalty , and (iii) any costs or
expenses (including, without limitation, costs ofremediation and costs of additional security measures
that any governmental agency requires by reason of, or in connection with a violation of any federal
law or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be asserted
against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection
23
with, (A) any actIvIty of the Construction Manager or any of its employees, agents, contractors,
subcontractors or other invitees, (B) the negligence or willful misconduct of the Construction Manager
or any of its employees, agents, contractors, subcontractors or other invitees, or (C) the Construction
Manager's default in respect of any of the obligations that it undertakes under the terms of this
agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or
expenses arise from the intentional or negligent acts or omissions of the County or any of its
employees, agents, contractors or invitees. Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the term of this
agreement, this section will survive the expiration of the term of this agreement or any earlier
termination of this agreement. The Construction Manager hereby acknowledges receipt of one
hundred dollars and other good and valuable consideration as part of his fee in exchange for giving the
Owner the indemnification provided above.
13.2 Construction Manager's Insurance
(1) The Construction Manager shall not commence any construction work in connection with this
Agreement until he has obtained all of the following 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 Emplovers Liability Insurance - The Construction Manager shall
take out and maintain during the life of this Agreement Worker's Compensation Insurance for
all his employees connected 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 Insurance for all of the latter's employees unless such employees are 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 adequate insurance, satisfactory
to the County, for the protection of employees not otherwise protected. The minimum limits of
such insurance 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 Liabilitv and Property Damage Insurance-The Construction
Manager shall take out and maintain during the life of this Agreement 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 Comprehensive General Liability $5,000,000 Each Occurrence,
Coverages, Bodily Injury & Property Damage
(b) Automobile Liability Coverages,
Bodily Injury & Property Damage
$5,000,000 Each Occurrence,
Combined Single Limit
(c) Excess Liability, Umbrella Form
$10,000,000 Each Occurrence,
The terms and conditions of the Excess Liability and Umbrella Form coverages 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 provided on an occurrence basis unless otherwise
accepted by the county..
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(4) Construction Manager's Builder's Risk Insurance. The County shall purchase and maintain
builders all-risk insurance on a replacement cost basis and in an amount not less than one
hundred percent (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. 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
leakage, theft, water damage, including flood, and sprinkler leakage, and collapse. The County
shall name the Construction Manager as an additional insured on the policy as the law and
insurance regulations allow. The County shall not be subject to any deductibles on the policy.
(5) Subcontractor's General Liabilitv Insurance - The County shall require each of his
subcontractors to procure and maintain during the life of this subcontract, insurance of the type
specified above with limits of liability acceptable to the Construction Manager and the County.
(6) 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 Protective Liability
Insurance 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
(7) "XCU" (Explosion. Collapse, Underground Damage - The Construction Manager's Liability
Policy shall provide "GLXCU" coverage under its general liability policy.
(8) Broad Form Property Damage Coverage. Products & Completed Operations Coverages -The
Construction Manager's General Liability Policy shall include Broad Form Property Damage
Coverage, Products and Completed Operations Coverages.
(9) Contractual Liability Work Contracts - The Construction Manager's General Liability Policy
shall include Contractual Liability Coverage designed to protect the Construction Manager for
contractual liabilities assumed by the Construction Manager in the performance of this
Agreement.
(10) Certificate of Insurance - The County shall be furnished proof of coverage of Insurance as
follows:
Certificate of Insurance form will be furnished to the County along with the Contract
Documents. . This Certificate shall be dated and show:
(a) The name of the insured Construction Manager, the specific job by name and job number,
the 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 clearly 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 Momoe County Board of County
Commissioners is listed as additional insured on all policies except for Workers
Compensation.
13.3
Waiver of Subrogation
13.3.1
Damages Caused by Perils Covered by Insurance The Owner and the Construction Manager waive all
rights against each other, as it relates 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 Project and
covered by any property insurance. The Construction Manager shall require similar waivers from all
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subcontractors and their sub-subcontractors.
13.3.3
Property and Consequential Loss Policies The County waives subrogation against the Construction
Manager on all property and consequential loss policies carried by the County on adjacent properties
and under property and consequential loss policies purchased for the Project after 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 there is a waiver of subrogation, the owner of such policies
will cause them to be so endorsed, failure to obtain proper endorsement nullifies the waiver of
subrogation.
ARTICLE 14
TERMINATION OF THE AGREEMENT AND OWNER'S RIGHT TO PERFORM CONSTRUCTION
MANAGER'S OBLIGATION
14.1 Termination bv the Construction Manager - If the Project is stopped for a period of thirty (30) days
under an order of any court or other public authority having jurisdiction or as a result of an act of
government, 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 seven days written notice to the County, request payment for all
work executed, the Construction Manager's fees earned to date, and for any proven loss sustained
upon any materials, equipment, tools, construction equipment, and machinery, including reasonable
profit, damages and terminal expenses incurred by the Construction Manager.
14.2 Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause.
(1) If the Construction Manager fails to perform any of his obligations under this Agreement
including any obligation he assumes to perform work with his own forces, the County may,
after seven (7) days written notice during which period the Construction Manager fails to
commence correction of such obligation, make good such deficiencies. The GMP, or the actual
cost of the Project, whichever 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 be
reduced by an amount required to manage the making good of such deficiencies.
(2) Ifthe Construction Manager is adjudged a bankrupt, or ifhe makes a general assignment for the
benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he
persistently or repeatedly refuses or fails, except in case for which extension of time is
provided, to supply enough properly skilled workmen or proper 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 ifhe 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 Agreement, then the 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
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 Project 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 be relieved from his obligations assumed under Article 7.
Reasonable terminal expenses incurred by the County may be deducted from any payments left
owing the Construction Manager (excluding monies owed the Construction Manager for
subcontract work).
(3) If the Construction Manager refuses to allow public access to all documents, papers, letters, or
other material subject to the provisions of Chapter 119, Florida Statutes, and made or received
by the Construction Manager in conjunction with this Agreement, then the 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 period Conshuction Manager still
fails to allow access, terminate the employment of the Construction Manager and take
26
possession of the site and of all materials, equipment, tools, construction equipment and
machinery thereon, owned by the Construction Manager, and may finish the project 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 be
relieved from his obligations assumed under Article 7. Reasonable terminal expenses incurred
by the County may be deducted from any payments left owing the Construction Manager
(excluding monies owed the Construction Manager for subcontract work).
14.3 Termination bv Owner Without Cause
(1) If the County terminates this Agreement other than pursuant to Article 14.2(2) or Article
14.2(3), he shall reimburse the Construction Manager for any unpaid Cost of the Project due
him under Article 9, plus that part of the unpaid balance of the Construction Phase Fee in an
amount as will increase the payment on account of his fee to a sum which bears the same ratio
to the Construction Phase Fee as the Cost of the Project at the time of termination bears to the
Guaranteed Maximum Price, if established, otherwise to the Owner's Conshuction Budget. The
County shall also pay to the Construction Manager fair compensation, either by purchase or
rental at the election of the County, for any equipment 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 Manager has previously undertaken or
incurred in good faith in connection with said Project. 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 the 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, the County may terminate this
Agreement and pay the Conshuction 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 Agreement without the written consent of the other except as to the assignment of proceeds.
15.2 Governing Laws - This Agreement shall be governed by the Laws of the State 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 lie 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 Governing Provisions - The 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 extension of construction time, for payment by the County of the costs, damages or losses
because of changed conditions under which the work is to be performed, or for additional work, shall
be governed by the following provisions:
(a) All claims must be submitted as a Request for Change Order in the manner as provided herein;
(b) The 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 agreed to otherwise, of submitting its Notice of Claim, the
Construction Manager shall submit to the County its Request for Change Order, which shall
include a written statement of all details of the claim, including a description of the work
affected.
The Construction Manager agrees that the County shall not be liable for any claim that the
27
Construction Manager fails to submit as a Request for Change Order as provided in this
paragraph.
16.2 Written Determination of Claim - After receipt of a Request for Change Order, the County, in
consultation with the Architect-Engineer, shall deliver 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 administrative proceeding pursuant to Section 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 determination.
16.3 Exclusive Remedy For Delays - For any work the Construction Manager performs, the Construction
Manager's exclusive remedy for delays in performance ofthe construction caused by events beyond its
control, including delays claimed to be caused by or attributable to the County or the Architect-
Engineer, including claims based on breach of contract or negligence, shall be a claim submitted in
compliance with 16.1 above, for an extension of the scheduled construction time. In the event of a
change in such work, the Construction Manager's claim for adjustments in the contract sum are limited
exclusively to its actual costs for such changes plus five and a half percent (5.5%) for profit. The
Construction Manager expressly agrees that the foregoing constitute its sole and exclusive remedies
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 With the
exception of fees defined in Article 8.1.2. Irrespective of anything to the contrar~ in this agreement,
all claims and disputes arising out of this Agreement, shall be litigated in the 16 Judicial Circuit in
and for Monroe County, Florida.
ARTICLE 17
M ISCELLAN EOUS
17.1 Harmony - Construction Manager is advised and hereby agrees that he will exert every 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 be compatible with all other labor being used by
the Construction Manager and construction manager's subcontractors now or hereafter on the site of
the proj ect.
Construction Manager further agrees that this provision will be included in all subcontracts of the
Subcontractors as well as the Construction 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-membership in any labor union or labor organization, the right of any person to work as
guaranteed by Article 1, Section 6 of the Florida Constitution.
17.2 Apprentices - If the Construction Manager employs apprentices 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 agreements
established by the Division of Labor of the State of Florida Department of Labor and Employment
Security. The Construction Manager will include a provision similar to the foregoing sentence in each
subcontract.
17.3 Invoices - 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 the Florida Statutes governing payments by the State for travel expenses.
17.4 Construction Manager's Proiect Records - The Construction Manager's Project Records shall be
maintained 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 times.
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 real property 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
28
transact business with any public entity in excess of the threshold amount provided in Section
287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
17.7 Discrimination, Denial Or Revocation For The Ri!!:ht To Transact Business With Public Entities - An
entity or affiliate 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 property to a public entity, may not be awarded or perform 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 employment by the Construction Manager of
unauthorized aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such
violation shall be cause for unilateral cancellation of this contract if the Construction Manager has
failed to ensure proper documentation of employee eligibility.
17.9 Electronic Mail Capabilities - The Construction Manager must have electronic mail capabilities
through the World Wide Web. It is the intention of the County to use electronic communication for all
projects 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 Manager 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 accordance with generally
accepted accounting principles 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 Agreement and for four years following
the termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to Construction Manager pursuant to this Agreement were spent for purposes not
authorized by this Agreement, the Construction Manager shall repay the monies.
17.12 Terms Not To Be Construed Against Either Party - This Agreement has been carefully reviewed by the
Construction Manager and the County. Therefore, 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 term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
17.14 Severability - If any term, covenant, condition or provision of this Agreement (or the application thereof
to any circumstance or person) shall be declared invalid or unenforceable 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 enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would
prevent the accomplishment of the original intent of this Agreement. The County and Construction
Manager agree to reform the Agreement to replace any stricken provision with a valid provision that
comes as close as possible to the intent of the stricken provision.
17.15 Attorney's Fees and Costs - The County and Construction Manager agree that in the event any cause of
action or proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs,
investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall
include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with
29
the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County.
17.16 Binding Effect.- The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the County and Construction Manager and their respective legal representatives,
successors, and assigns.
17.17 Claims for Federal or State Aid Construction Manager and County agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this
Agreement, provided that all applications, requests, grant proposals, and funding solicitations shall be
approved by each party prior to submission.
17.18 Adiudication of Disputes or Disagreements - County and Construction Manager agree that all disputes
and disagreements shall be attempted to be resolved by meet and confer sessions between
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 be discussed at a public meeting of the Board
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 seek such relief or remedy as may be provided by this Agreement
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,
processes, meetings, and other activities related to the substance of this Agreement or provision of the
services under this Agreement. County and Construction Manager specifically agree that no party to
this Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
17.20 Nondiscrimination - County and Construction Manager agree that there will be no discrimination against
any person, and it is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, 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 Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL
88-352) which prohibits discrimination on the 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 Rehabilitation Act of 1973, as amended (20
USC s. 794), which prohibits discrimination on the basis of handicaps; 4). The Age Discrjmination 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 amended, relating to nondiscrimination
on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment 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. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of
1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the
basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which
may apply to the parties to, or the subject matter of, this Agreement.
17.21 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 degree with its
performance under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
17.22 Code of Ethics - County agrees that officers and employees of the County recognize and will be required
to comply with the standards of conduct for public officers and employees as delineated in Section
112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business
with one's agency; unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
30
17.23 No SolicitationlPayment - The County and Construction Manager warrant that, in respect to itself, 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, percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of the provision, the Construction Manager
agrees that the County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
17.24 Public Access. The County and Construction Manager shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under its control
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and
Construction Manager in conjunction with this Agreement; and the County shall have the right to
unilaterally cancel this Agreement upon violation of this provision by Construction Manager
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 Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any
contract entered into by the County be required to contain any provision for waiver.
17.26 Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws,
ordinances, and rules and pensions and relief, 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 their respective functions under this Agreement 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, volunteers, or employees 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 intended to, nor shall it be construed as, relieving any participating entity from any
obligation or responsibility imposed upon the entity by law except to the 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 responsibility. 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, except 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 attempt to enforce any third-party claim or entitlement to or
benefit of any service 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
either shall have the authority to inform, counsel, or otherwise 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 contemplated 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 Statement, an Ethics Statement, and a Drug-Free Workplace
Statement.
17.30 No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her individual
capacity, and no member, 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 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be regarded as an original, all of which taken together shall constitute one and the same
insh'ument and any of the parties hereto may execute this Agreement by signing any such counterpart.
31
17.32 Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement and will not
be used in the interpretation of any provision of this Agreement.
17.33.1 Force Maieure: Neither party shall be liable for disruptions or delays in construction due to the
occurrence of any contingency 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 United States, insurrection,
riot or civil commotion, act of public enemy, epidemic, quarantine restriction, storm, flood, drought or
other act of God, act of nature (including presence of endangered animal species which cannot be
removed in a safe and timely manner) or any act of any governmental authority which disrupts or delays
construction, in full or in part, for which the respective party has exercised reasonable care in the
prevention thereof.. Any disruption or delay due to the causes stated shall not constitute a breach of the
Agreement 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 Request for Proposal Construction Manager Services at Risk with a Guaranteed Maximum Price: The
terms and conditions as set forth in our Request for Proposal shall be included in this contract
agreement.
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
By
Deputy Clerk
Mayor Charles "Sonny" McCoy
THE TOWER GROUP, INC.
By
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Witness
Witness
Title
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32
EXHIBIT A
CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES
(Intentionally left blank by agreement of parties and will be completed in the GMP
Amendment or other times appropriate to the specific Exhibit)
County
Architect-Engineer
Construction Manager
33
EXHIBIT B
COUNTY'S CONSTRUCTION BUDGET
ITEM DESCRIPTION
BUDGET
CONSTRUCTION
CONSTRUCTION MANAGER'S PRECONSTRUCTION PHASE FEE................................
CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE .......................................
CONSTRUCTION MANAGER'S OVERHEAD & PROFIT...................................................
CONSTRUCTION BUDGET BALANCE .............................................................. .................
COUNTY'S TOTAL CONSTRUCTION BUDGET ................................................................
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)
Individual
Title
ON-SITE SUPPORT STAFF
Individual
Title
35
EXHIBIT D
(Intentionally left blank by agreement of parties and will be completed
in the GMP Amendment or other times appropriate to the specific Exhibit)
ARCHITECT/ENGINEER'S CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT NUMBER:
ARCHITECT/ENGfNEER:
PROJECT:
COUNTY:
Depal1ment of Facilities Development
CONSTRUCTION MANAGER
ATTN:
CONTRACT FOR:
CONTRACT DATE:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL fNCLUDE:
The work performed under this Contract has been reviewed and found to be substantially complete. The Date of Substantial Completion of the
Project or portion thereof designated above is hereby established as which is
also the date of commencement of applicable wan'anties required by the Contract Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect-Engineer when construction
is sufficiently complete, in accordance with the Contract Documents, so the County can occupy or utilize the Work or designated portion thereof
for the use for which it is intended as expressed in the Contract Documents.
A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of
the Construction Manager to complete all Work in accordance with the Contract Documents. The date of commencement of warranties for
items on the attached list will be the date of final payment unless otherwise agreed to in writing.
ARCHITECT/ENGfNEER
BY:
DATE
The County accepts the Work or designated pDl1ion thereof as substantially complete.
Department Of Facilities Development
BY:
DATE
The Construction Manager will complete or CDlTect the Work on the list of items attached hereto within the time prescribed in the contract trom
the above Date of Substantial Completion.
CONSTRUCTION MANAGER
BY:
DATE
36
EXHIBIT E
CONSTRUCTION MANAGER'S AFFIDAVIT OF CONTRACT COMPLETION
(Intentionally left 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: :
CONTRACT FOR: :
CONTRACT DATE:
CONTRACT AMOUNT: :
CONSTRUCTION MANAGER'S AFFIDA VIT
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
proj ect have been paid; that no liens have been attached against the project; that no suits are pending by reason of work on the project
under the contract; that all Workmen's Compensation claims are covered by Workmen's Compensation insurance as required by law;
that all public liability claims are adequately covered by insurance, and that the Construction Manager shall save, protect, defend,
indemnify, 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 occurrence related to performance of the work contemplated under said contract.
CONSTRUCTION MANAGER:
(SEAL)
Title:
Date:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this (date) by (name of officer or agent. title of offIcer or agent) of (name
of Corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally
known to me or has produced (type of identification) as identification.
(Signature of person taking acknowledgment)
(Name typed printed or stamped)
(Title or Vendor)
37
EXHIBIT E (CONT'D)
(Intentionally left blank by agreement of parties and will be completed
in the GMP Amendment or other times appropriate to the specific Exhibit)
CERTIFICATE OF CONTRACT COMPLETION
PROJECT NO
PROJECT TITLE
CONSTRUCTION MANAGER
CONTRACT DATE:
DATE OF FINAL COMPLETION
CERTIFICATE OF ARCHITECTIENGINEER
I CERTIFY: That the work under 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 affidavit as evidence that he has paid all labor, materials and other charges against the project in accordance
with the terms of the contract.
NE Firm Name:
By
Date
TO BE COMPLETED BY ARCHITECT/ENGINEER
THROUGH THE SUBSTANTIAL COMPLETION PHASE
DATE
DAYS
1. Notice to Proceed (N.T.P.)
xxxxxx
2. Time Specified in Original Contract for
Substantial Completion (S.c.)
xxxxxx
3. Extension Granted by Change Orders (Days Between
Original Contract S.c. and Final Contract S.c.)
xxxxxx
4. Total Days Allowable to Substantial Completion
(Add Lines 2 and 3)
xxxxxx
5. Project Substantially Completed as Certified by AlE
(Total Days from N.T.P. through Date certified by AlE)
6. Substantial Completion Overrun (Subtract @ $ Per Day=$
Line 4 from 5 and Enter Overrun)
THROUGH THE FINAL COMPLETION PHASE
I. Time Specified in Contract, Between Substantial
& Final Completion
xxxxxx
2. Extensions Granted by Change Orders (Days
Between S.C. & Final Completion
xxxxxx
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 AlE as Actually being Finally Completed.
5. Final Completion Overrun (Subtract Line 3 & 4 @ $ Per Day = $
and Enter Overrun)
xxxxxx
TOTAL LIQUIDATED DAMAGES $
DATE:
38
Individual
Available
EXHIBIT F
CONSTRUCTION MANAGER'S PERSONNEL TO BE
ASSIGNED DURING PRECONSTRUCTION PHASE
(Intentionally left blank by agreement of parties and will be completed
in the GMP Amendment or other times appropriate to the specific Exhibit)
Title
Percentage Duration of Time
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 GMP Amendment or other times appropriate to the specific Exhibit)
Percentage of Time
Individual
Available
Title
40
Individual
Available
EXHIBIT H
CONSTRUCTION MANAGER'S PERSONNEL TO BE
ASSIGNED DURING CONSTRUCTION OFF-SITE
(Intentionally left blank by agreement of parties and will be completed
in the GMP Amendment or other times appropriate to the specific Exhibit)
Title
Percentage Duration of Time
In Months
41
Individual
Available
EXHIBIT I
CONSTRUCTION MANAGER'S PERSONNEL TO BE
ASSIGNED DURING CONSTRUCTION ON-SITE
(Intentionally left blank by agreement of parties and will be completed
in the GMP Amendment or other times appropriate to the specific Exhibit)
Title
Percentage Duration of Time
In Months
42
EXHIBIT J
COUNTY'S CERTIFICATE OF PARTIAL PAYMENT
(Intentionally left blank by agreement of parties and will be completed
in the GMP Amendment or other times appropriate to the specific Exhibit)
Construction Manager (Name and Address):
Architect-Engineer Job No:
Contract Time (Calendar Days):
Time Elapsed to Date:
ADDITIONS $
DEDUCTIONS $
Change Orders approved
in previous months by
Owner n TOTAL
Subsequent Change Orders
Number
Approved
(Date)
TOTALS
Net change by Change Orders $_
THIS CERTIFICATE
Request No:
For Period Ending:
Project Name:
County Project:
Federal Project No:
Original Contract Sum.............$
Change Orders (Net)................$
Contract Sum To Date.............$
Balance To Finish.................... $
Completed To Date .................$
Materials Stored ......................$
Total Completed &
Stored ......................................$
Less Retainage_% .............$
Add Back Retained
Amount Covered By
Securities........ ..,............ .......... $
TOT AL..... ............................... $
Less Previous Certificates....... $
Less Materials Purchased
Directly By Owner: .................$
$.................................................
CERTIFICATION BY THE CONSTRUCTION MANAGER: According to the best of my knowledge and belief, I certify that all items and amounts shown
on the face of this Application are correct, that all work has been performed and material supplied in full accordance with the terms and conditions of the
Contract, and that all materialmen, laborers and subcontractors, as defined in Chapter 713.01, Florida Statutes, have been paid the amounts due them out of
any previous payments made to the Construction Manager by the County. Further, I agree to promptly pay each materialman, laborer and subcontractor, as
defined in Chapter 713.0 I, Florida Statutes, upon receipt of payment from the County, out of the amount paid to me on, account of such materialman's
laborer's or subcontractor's work, the amount to which said materialman, laborer and subcontractor is entitled, reflecting the percentage actually retained, if
any, from payments to myself on account of such materialman's, laborer's and subcontractor's work.
CONSTRUCTION MANAGER:
STATE OF
COUNTY OF
By:
The foregoing instrument was acknowledged before me this ~ by (name of officer or agent. title of officer or agent) of (name of corporation
acknowledging) , a (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or has produced (tvpe of
identification) as identification.
(Signature of person taking acknowledgement)
(Name tyPed printed or stamped)
(Title or Vendor)
(Serial number. if any)
CERTIFICATION BY THE ARCHITECT- ENGINEER: I certify that I have checked and verified this Progress Payment Application; that to the best of my
knowledge and belief, the above application is a true statement of the value of the work performed and the materials suitable stored on the site; that all work
and materials included in this Certificate have been inspected by me or by my authorized assistants; that all work has been performed and material supplied in
full accordance with the terms of this Contract; and I approved for payment the amount noted above.
REVIEWED AND RECOMMENDED FOR PAYMENT:
Architect-Engineer
APPROVED FOR SERVICES, PERFORMED AS STATED BY
Owner's Project Director
Date:
Date:
43
EXHIBIT J (CONT'D)
Chapter 713.01, Florida Statutes, defines Laborers, Materialmen and Subcontractors as follows:
(I) "Laborer" means any person other than an architect, landscape architect, engineer, land surveyor, and
the like who, under properly authorized contract, personally performs on the site of the improvement
labor or services for improving real property and does not furnish materials or labor service of others.
(2) "Materialman" means any person who furnishes materials under contract to the owner, Construction
Manager, subcontractor, or sub-subcontractor on the site of the improvement or for specially fabricated
materials off the site of the improvement for the particular improvement, and who performs no labor in
the installation thereof.
(3) "Subcontractor" means a person other than a materialman or laborer 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 agreement of parties and will be completed
in the GMP Amendment or other times appropriate 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 (signed and sealed)
5. Power of Attorney from Surety for Release of Final Payment (Signed and sealed and dated same as
Consent of Surety)
6. Certificate of Contract Completion
a. page one completed by the Construction Manager (original plus three copies)
b. page two completed by Architect-Engineer (original plus three copies)
7. Satisfactory Conclusion or Release of Lien from all subcontractors or laborers who have filed Intent
to Liens or have indicated non-payment from the Construction Manager (especially if attorneys are
involved)
8. Construction Manager's Guarantee of Construction for one year from the date of substantial
completion
9. Copy of the approval by the Architect-Engineer and the 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, wananties, and List of Subcontractors, with telephone numbers and addresses
10. Verification that County personnel have been trained in the operation of their new equipment (per
system: HV AC, controls, fire alarm, etc.)
11. Fully executed Roof Warranty (if applicable) in the name of the Using Agency
12. Other special warranties as required by specifications, in the name of the County
13. Architect's Certificate of Specification of Asbestos Containing Materials
14. Construction Manager's Certificate of Asbestos Use
15. Copy of Certificate of Occupancy
NOTE: The Project Director shall verify the math of all Pay Requests prior to signing Final Pay Request to assure
correct payment.
Project Number:
Project Name and Location:
Project Director Signature:
45