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REQUEST FOR PROPOSALS
CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR THE
WESTSIDE REGIONAL WATER RECLAMATION FACILITY IMPROVEMENTS
FOR
THE CITY OF DAYTONA BEACH, FLORIDA
RFP NO.: 0317-2370
RFP ISSUANCE DATE: July 18, 2017
REQUEST FOR PROPOSALS ii
RFP 0317-2370
THE CITY OF DAYTONA BEACH
OFFICE OF THE PURCHASING AGENT
Post Office Box 2451 Phone (386) 671-8080 Daytona Beach, Florida 32115-2451 Fax (386) 671-8085
REQUEST FOR PROPOSALS (RFP) - INVITATION
NOTICE IS HEREBY GIVEN that sealed proposals will be received in the office of the Purchasing Agent, Daytona
Beach City Hall, Room 146, 301 South Ridgewood Avenue, Daytona Beach, Florida 32114, until 2:00 PM EDT on
August 25, 2017, at which time they will be publicly opened for the following:
CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR THE
WESTSIDE REGIONAL WATER RECLAMATION FACILITY IMPROVEMENTS
AWARD OF CONTRACT subject to the Purchasing Code of the City of Daytona Beach.
THE RFP MAY BE OBTAINED on-line at http://purchasing.codb.us by clicking on the link to “Public Solicitations”
or as a hard copy at the office of the Purchasing Agent City Hall, 301 South Ridgewood Avenue, Room 146, Daytona
Beach, FL 32114.
SCOPE OF WORK: The Scope of Work generally includes preconstruction phase and construction phase services
for the development of a guaranteed maximum price and construction of improvements to the Westside Regional
Water Reclamation Facility.
A NON-MANDATORY PRE-PROPOSAL CONFERENCE will be held at the Daytona Beach Westside Regional
Wastewater Treatment Plant, Administration Building, First Floor Conference Room, 3651 LPGA Blvd., Daytona
Beach, Florida 32124 on July 25, 2017 at 10:30 A.M. at the LPGA Treatment Plant, 3651 LPGA Blvd, Road 6,
Administration Building Conference Room Daytona Beach, FL 32124. Interested Proposers are strongly urged
to attend. Proposers shall advise the City at least 72 hours prior of the names of individuals who will attend the pre-
proposal meeting. Due to space constraints, each firm is limited to four (4) attendees at the meeting and site tour.
THE CITY RESERVES THE RIGHT to reject any or all proposals or parts thereof, or to accept the proposal(s) or
parts thereof, when considered by it to be in the best interest of the City. Any proposal received after the time and
date specified will not be considered. No proposer may withdraw their proposal for a period of sixty (60) days after
the date of the opening of proposals. This time period is reserved for the purpose of reviewing proposals and
investigating the qualifications of the proposers.
PROPOSALS SHALL BE ADDRESSED to the City of Daytona Beach, Purchasing Agent, 301 South Ridgewood
Avenue, Room 146, Daytona Beach, Florida, 32114, and all proposals shall have the following plainly marked on
the outside of the envelope:
PROPOSAL FOR: Construction Management at Risk Services for the Westside Regional Water
Reclamation Facility Improvements
THE CITY OF DAYTONA BEACH
BY: JOANNE FLICK, CPPO, CPPB
PURCHASING AGENT
ISSUED: July 18, 2017
REQUEST FOR PROPOSALS iii
RFP 0317-2370
Contents
Section 1 BACKGROUND .................................................................................................................................5
1.1 Statement of Purpose .....................................................................................................................................5
1.2 Introduction ....................................................................................................................................................5
1.3 RFP Organization ............................................................................................................................................5
1.4 City’s Objectives ..............................................................................................................................................6
Section 2 PROJECT OVERVIEW ........................................................................................................................7
2.1 Scope of Project Technical Improvements .......................................................................................................7
2.2 Project Budget and Funding .............................................................................................................................7
2.3 Project Milestones ............................................................................................................................................8
Section 3 CMAR SERVICES ..............................................................................................................................9
3.1 General ...........................................................................................................................................................9
3.2 Roles and Responsibilities ..............................................................................................................................9
SECTION 4 PROCUREMENT PROCESS ............................................................................................................ 11
4.1 Communications with City Contact .............................................................................................................. 11
4.2 Procurement Schedule ................................................................................................................................ 12
SECTION 5 PROPOSAL SUBMITTAL REQUIREMENTS ...................................................................................... 13
5.1 Submittal Place and Deadline ...................................................................................................................... 13
5.1 Florida Public Records Law .......................................................................................................................... 14
5.2 Submittal Format ......................................................................................................................................... 14
5.3 Submittal Content ........................................................................................................................................ 14
5.3.1 Transmittal Letter ................................................................................................................................. 15
5.3.2 Part 1 – Executive Summary ............................................................................................................... 16
5.3.3 Part 2 – Project Management Approach ............................................................................................ 16
5.3.4 Part 3 – Project Delivery Approach .................................................................................................... 16
5.3.5 Part 4 –Experience .............................................................................................................................. 17
5.3.6 Appendix A - Forms for Affirmation of Compliance ......................................................................... 18
5.3.7 Appendix B - Financial Statements .................................................................................................... 19
5.3.8 Appendix C - Draft CMAR Contract Markup (Optional) ................................................................... 19
REQUEST FOR PROPOSALS iv
RFP 0317-2370
5.3.9 Appendix D - Resumes ........................................................................................................................ 20
5.3.10 Appendix E - Evidence of Ability to Obtain Insurance ................................................................... 20
5.3.11 Appendix F - Evidence of Ability to Obtain Bonding ...................................................................... 20
5.3.12 Appendix G - Current and Recent Litigation ................................................................................... 20
SECTION 6. PROPOSAL EVALUATION AND SELECTION ................................................................................... 21
6.1 General ........................................................................................................................................................ 21
6.2 Selection Process Overview ......................................................................................................................... 21
6.3 Responsiveness ............................................................................................................................................ 22
6.4 Proposal Opening - Late Proposals .............................................................................................................. 22
6.5 Minimum Qualification Requirements ........................................................................................................ 22
6.6 Evaluation Criteria ....................................................................................................................................... 23
6.7 Proposer Interviews ..................................................................................................................................... 23
SECTION 7 CONDITIONS FOR PROPOSERS ..................................................................................................... 24
7.1 Ineligible Firms and Individuals ..................................................................................................................... 24
7.2 Conflict of Interest ......................................................................................................................................... 24
7.3 Rights of the City ........................................................................................................................................... 24
7.4 Obligation to Keep Project Team Intact ........................................................................................................ 25
7.5 Additional Conditions .................................................................................................................................... 25
7.6 Addenda ........................................................................................................................................................ 27
Attachment A Definition of Terms ................................................................................................................ 28
Attachment B Scope of CMAR Services ......................................................................................................... 29
Attachment C Draft CMAR Contract .............................................................................................................. 32
Attachment D Project Background Documents ................................................................................................3
Attachment E Design Documents and Specifications ...................................................................................... 11
Attachment F Forms for Affirmation of Compliance ........................................................................................ 12
REQUEST FOR PROPOSALS 5
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Section 1 BACKGROUND
1.1 Statement of Purpose
The City of Daytona Beach (the “City” or “City”) is seeking a qualified firm or team to
perform CONSTRUCTION MANAGER AT RISK SERVICES FOR THE WESTSIDE
REGIONAL WATER RECLAMATION FACILITY IMPROVEMENTS PROJECT (the
“Project”), in accordance with the Scope of Services provided in Attachment B of this Request
for Proposals.
THIS IS NOT A BID. This is a Request for Proposals (“RFP”) issued in accordance with the
City Code Chapter 30, Article II, Division 3, “Source Selection and Contract Formation.” This
RFP specifies the services needed, and lists the criteria upon which responsive Proposal will
be evaluated. Any contract that may be entered into pursuant to this RFP will be the subject of
negotiations between the City and a firm or team (“Proposer”) submitting a responsive
Proposal.
A copy of Chapter 30 may be obtained on-line at www.codb.us or upon request.
1.2 Introduction
This RFP invites Proposers to submit Proposals in accordance with the requirements set forth
in this RFP, including the format and content guidelines described in Section 5. Proposals will
be reviewed and evaluated using the selection process described in Section 6. At completion of
the evaluation process, the City may select a Proposer to enter into negotiations for award of
the Construction Management at Risk (“CMAR”) Contract. Once the CMAR Contract has
been negotiated and executed, the successful Proposer, as Construction Manager (“CM”) will
provide the final negotiated services as identified in the CMAR Contract. These services are
generally described in Attachment B of this RFP as the basis for Proposal preparation as
described in Section 5.3.4 of this RFP.
1.3 RFP Organization
This RFP consists of seven Sections and six Attachments:
Section 1: Background
Section 2: Project Overview
Section 3: CMAR Services
Section 4: Procurement Process
Section 5: Proposal Submittal Requirements
Section 6: Proposal Evaluation and Selection
Section 7: Conditions for Proposers
REQUEST FOR PROPOSALS 6
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Attachment A: Definition of Terms
Attachment B: Scope of CMAR Services
Attachment C: Draft CMAR Contract
Attachment D: Project Background Documents
Attachment E: Design Documents and Specifications
Attachment F: Forms for Affirmation of Compliance
Certain project background documents are being made available as Attachment D to the RFP for
the purpose of preparing Proposals. The City is providing these documents only for the purpose
of obtaining responsive Proposals for the Project and does not confer a license or grant for any
other use. The extent to which the CM may rely on such background documents is set forth in
Attachment C (Draft CMAR Contract).
1.4 City’s Objectives
The City’s goals for delivery of the Project are as follows:
Quality: Deliver the proposed facilities consistent with the project design and specifications.
Cost: Minimize initial capital and life-cycle costs.
Schedule: Achieve completion of the Project by November 2019.
Risk: Achieve an optimal balance of risk allocation between the City and the CM.
Safety: Implement a comprehensive safety program that incorporates industry’s best
practices.
REQUEST FOR PROPOSALS 7
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Section 2 PROJECT OVERVIEW
2.1 Scope of Project Technical Improvements
The Project includes construction of the RAS/WAS Pumping, Bardenpho Stage 3, and Stage 5
Aeration, and Tertiary Deep Bed Filters Improvements at the Westside Regional Water
Reclamation Facility located at 3651 LPGA Boulevard, Daytona Beach, FL 32124. As of the
date of issuance of this RFP, these improvements have been designed to nearly 100%.
The RAS/WAS Pumping Improvements include removal and disposal of existing telescoping
valves at the existing distribution boxes, removal and disposal of RAS pumps and WAS pumps,
and abandoning the existing RAS/WAS submersible pump station. The existing Distribution
Boxes will be converted to RAS/WAS wet wells. Two new RAS/WAS above grade pump
stations will be constructed with associated piping, valves, and instrumentation. A new
dewatering feed box will be constructed to feed the existing Belt Filter Press Feed Pumps near
the Solids Dewatering Building.
The Stage 3 Aeration Improvements include demolition and removal of the existing mechanical
surface aerators in Stage 3 of the Bardenpho basin. New mechanical surface aerators will be
installed in their place with associated conduits, cable, and disconnect panels. Two new CMU
block buildings to house the necessary electrical, instrumentation, and control equipment will be
constructed. New weir gates will be installed at the effluent weir box of Stage 5.
The Stage 5 Aeration Improvements include removal of existing submersible aerators and
installation of new skid-mounted positive displacement blowers in sound enclosure for outdoor
use. New coarse bubble diffuser grids will be installed within Stage 5 of the Bardenpho basins
with 316 stainless steel air piping from the blowers to diffuser system.
The Tertiary Deep Bed Sand Filter Improvements include construction of a Clarified Liquid
Pump Station with vertical centrifugal submersible pumps and associate piping, valves, and
appurtenances and construction of a new Deep-Bed Sand Filtration system. The existing
Automatic Backwash Filter system will be demolished after the new components are operational.
The Project scope, design standards, and performance requirements are described in more detail
in
Attachment E (Design Documents and Specifications).
2.2 Project Budget and Funding
The total cost for construction services is budgeted at approximately $27 million. This figure does
not include City’s other Project costs, such as design services, preconstruction services
(described in Attachment B), professional advisory services, property or access rights, site
investigations, environmental studies, certain governmental approvals, taxes, etc.
REQUEST FOR PROPOSALS 8
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The Project is being funded via a Clean Water State Revolving Fund (SRF) loan administered by the
Florida Department of Environmental Protection. The successful Proposer will be required to comply
with all SRF requirements as described in Attachment E of the RFP.
2.3 Project Milestones
Project milestones to be met by the CM include:
Completion of safety and quality management plans
Procurement of all subcontracts and equipment packages
Other intermediate milestones as defined in the agreed-on project schedule
Substantial Completion
Final Completion
A Project milestone schedule will be mutually developed by the City and the CM prior to
execution of the CMAR Contract.
REQUEST FOR PROPOSALS 9
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Section 3 CMAR SERVICES
3.1 General
As noted in Section 1 of the RFP and more fully described in Attachment B (Scope of CMAR
Services), the CM will provide services in two distinct phases generally described below.
Preconstruction Phase Services
Develop the project execution plan, including project schedule.
Develop the construction management plan for the construction phase, including a
subcontracting and procurement plan.
Prepare and maintain a project cost model and project schedule, and submit detailed,
open-book cost estimates.
Prepare, implement, and maintain a Project risk management plan.
Submit and negotiate a GMP proposal for the construction phase.
Identify Project construction permitting requirements and determine when certain
construction permitting activities should be initiated.
Construction Phase Services
Procure and manage equipment and subcontractors.
Self-perform elements of the Project scope, if approved by the City.
Secure necessary construction permits.
Construct the Project.
Mitigate Project risks.
Conduct startup, commissioning, and performance testing.
Provide operator training.
Provide warranty coverage for constructed work.
3.2 Roles and Responsibilities
City: The City, assisted by its Design Engineer, will cooperate with the CM and will fulfill its
responsibilities in a timely manner to facilitate the CM’s timely and efficient performance of
services. City responsibilities generally include:
Reviewing preconstruction-phase deliverables and submittals, providing comments to CM.
Furnishing existing studies and provide complete, accurate, and reliable data and
information regarding the Project, including record drawings, preliminary studies, etc.
Providing adequate funding for Project.
Providing access to the Project site and any necessary easements.
REQUEST FOR PROPOSALS 10
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Obtaining certain approvals and permits for which the City is responsible and assist CM in
obtaining governmental approvals and permits for which CM is responsible.
Providing or assisting in providing necessary data and inputs (e.g., wastewater influent
quantities, characteristics, etc.) for Project startup and performance testing.
CM: The CM will cooperate with the City and Design Engineer and will provide the
preconstruction phase services and construction phase services necessary to complete the Project
as specified in this RFP. CM responsibilities generally include:
Delivering the constructed work.
Managing Project schedule.
Supervising subcontractors and CM personnel.
Obtaining necessary governmental approvals and permits.
Performing risk management and mitigation activities.
Maintaining Project security and safety as necessary.
Conducting acceptance testing.
Developing and implement quality-management (including quality control and quality
assurance) procedures.
Overseeing material testing during construction by a third party laboratory.
Establishing and maintain change order management plan.
Developing and implement Project health and safety practices.
Design Engineer: The Design Engineer will prepare all design documents, work collaboratively
with the City and the CM, and provide services during construction to ensure that the Project as
constructed conforms to the design intent, Project technical requirements, and City’s objectives.
The scope of services for the Design Engineer has been provided in Attachment D (Project
Background Documents) of the RFP.
REQUEST FOR PROPOSALS 11
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SECTION 4 PROCUREMENT PROCESS
4.1 Communications with City Contact
The City Purchasing Agent, will act as the City Contact and shall administer the RFP process.
All communications shall be submitted in writing, by fax, or by email, and shall specifically
reference this RFP. All questions or comments should be directed as follows:
Joanne Flick, CPPO, CPPB, Purchasing Agent
The City of Daytona Beach Purchasing Division
301 S. Ridgewood Avenue, Room 146
Daytona Beach, FL 32114
Phone: (386) 671-8082
No interpretation of this RFP will be provided to any Proposer verbally. Every request for
interpretation should be in writing addressed to Joanne Flick, CPPO, CPPB, Purchasing Agent,
at fax number (386) 671-3964 or emailed to [email protected]. To be given consideration,
such requests must be received at least 10 days prior to the Proposal due date identified in
Section 4.2 of this RFP.
No oral communications from the City Contact or any other individual representing or
purporting to represent City are binding. No contact with City staff or any public official, other
than the City Contact, concerning the Project during the procurement process outside of the pre-
proposal meeting is allowed. A violation of this provision may result in disqualification of
Proposer.
PROHIBITION OF LOBBYING. Except for negotiations authorized by the City Purchasing
Code, the Consultants Competitive Negotiations Act, or other state or federal law, lobbying by
the Proposer, or the Proposer’s principals, officers, employees, attorneys, or other agents, is
strictly prohibited during the Blackout Period. Lobbying in violation of this section may cause
the proposal to be rejected.
“Lobbying” means influencing or attempting to influence action or non-action in connection with
this RFP or the proposal, through direct or indirect oral or written communication with the
Mayor, any member of the City Commission, the City Manager, or any other City employee. The
following activities are not within the definition of “lobbying,” and are permitted: requests for
clarification submitted to the City Contact in accordance with this RFP, discussions with the
City’s Selection Committee during a Selection Committee meeting as part of the selection
process, the submission of additional information in response to a request by the City, and
addressing the City Commission during the City Commission meeting at which the contract is
awarded or all proposals are rejected. The Blackout Period begins on the date that this RFP is
issued and ends when the contract is awarded or all proposals are rejected.
REQUEST FOR PROPOSALS 12
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4.2 Procurement Schedule
The procurement schedule is as follows:
RFP Issuance: July 18, 2017
Pre-Proposal Meeting & Site Visit: July 25, 2017, 10:30 A.M. EDT
Deadline for Proposers to Submit Questions: August 11, 2017
Deadline for Proposer Question Responses by City: August 18, 2018
Proposals Due: August 25, 2017 by 2:00 P.M. EDT
Proposal Evaluation Completed / Selection Committee Ranking: September 22, 2017
Proposer Interviews (if necessary): September 25-29, 2017
Selection Committee Recommendation: October 6, 2017
CMAR Contract Negotiations Complete: October 20, 2017
CMAR Contract Executed: November 10, 2017
Notice to Proceed: November 13, 2017
The italicized procurement milestones should be considered tentative and subject to change.
REQUEST FOR PROPOSALS 13
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SECTION 5 PROPOSAL SUBMITTAL REQUIREMENTS
5.1 Submittal Place and Deadline
Ten (10) paper documents (one original and nine (9) copies), as well as an electronic version of
the Proposal on a flash storage device in PDF format, must be received no later than the date and
time specified in Section 4.2 of this RFP, addressed to:
Joanne Flick, CPPO, CPPB, Purchasing Agent
The City of Daytona Beach Purchasing Division
301 S. Ridgewood Avenue, Room 146
Daytona Beach, FL 32114
Phone: (386) 671-8082
Each Proposer assumes full responsibility for timely delivery of its Proposal. Any Proposal
received after the submittal deadline will be deemed non-responsive and returned unopened.
The time/date stamp clock in the City’s Purchasing Division Office above, shall serve as the
official authority to determine timeliness of the Proposal. Any Proposal received after the
submittal deadline will be deemed nonresponsive and returned.
All Proposals must be returned in a sealed box or envelope addressed to “The City of Daytona
Beach” and should contain on the outside the following information:
Request for Proposals No. 0317-2370
Proposal Due Date August 25, 2017 2:00 P.M. EDT
Name of Proposer
Return Address of the Proposer
Proposals may be amended or withdrawn only by written notice prior to the Proposal opening.
Proposal amendments must be submitted in a sealed envelope. Amendments or withdrawals
received after the Proposal opening will not be effective, and the original Proposal submitted will
be considered. Telephonic, electronic, or faxed Proposals will not be considered. The Proposer
agrees that his/her Proposal will not be withdrawn within sixty (60) calendar days following
opening of the Proposals, and that during such time his Proposal will remain firm and
irrevocable. The City reserves the right to reject any or all Proposals, and to waive any technical
defects in Proposals.
The City reserves the right to request clarification of information submitted and to request
additional information of one or more Proposers after the deadline for receipt of Proposals.
REQUEST FOR PROPOSALS 14
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5.1 Florida Public Records Law
Sealed Proposals received by the City pursuant to the Request for Proposals will be temporarily
exempt from disclosure in accordance with Florida’s Public Records Law. Thereafter, all
Proposals will be open for a personal inspection by any person pursuant to the Public Records
Law.
If the Proposer believes that the Proposal or any portion thereof is permanently exempt from
disclosure under the public records laws, the Proposer must state the grounds for this position in
CAPITAL LETTERS on a cover sheet accompanying the sealed Proposal. The Proposer will be
contacted prior to the opening of the Proposal and a determination will be made as to whether or
not it is exempt prior to opening. If a determination is made that it is not exempt from disclosure,
the Proposer may request the return of the sealed Proposal in writing.
5.2 Submittal Format
The Proposal must be submitted in one clearly marked unbound original and nine (9) bound
copies in three ring binders.
The Proposal must not exceed 50 total pages (most or all 8½ × 11 inch with 1-inch or greater
margins), excluding the transmittal letter, index or table of contents, front and back covers, title
pages/separation tabs, and appendices. A maximum of 10 of the total pages may be 11 x 17-inch
tri-fold format. A font similar in size to or larger than Times New Roman font twelve-point must
be used in Proposal Parts 1 - 4.
5.3 Submittal Content
The content requirements set forth in this RFP represent the minimum content requirements for
the Proposal. It is the Proposer’s responsibility to include information in its Proposal that clearly
presents the information requested in this RFP. The Proposal, however, should not contain
standard marketing or other general materials. It is the Proposers responsibility to modify such
materials so that only directly relevant information is included in the Proposal.
Any Proposer who submits in its Proposal to the City any information that is determined by the
City, in its sole opinion, to be substantially inaccurate, misleading, exaggerated, or incorrect,
may be disqualified from consideration.
The Proposal must include the following information in the order listed below:
Transmittal Letter
Part 1 – Executive Summary
Part 2 – Project Management Approach
Part 3 – Project Delivery Approach
REQUEST FOR PROPOSALS 15
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Part 4 - Experience
Appendix A – Forms for Affirmation of Compliance
Appendix B – Financial Statements
Appendix C – Draft CMAR Contract Markup (Optional)
Appendix D – Key Personnel Resumes
Appendix E – Evidence of Ability to Obtain Insurance
Appendix F - Evidence of Ability to Obtain Bonding
Appendix G – Current and Recent Litigation
5.3.1 Transmittal Letter
Include a transmittal letter signed by a representative of the Proposer who is authorized to sign
such material and to commit the Proposer to the obligations contained in the Proposal. Place the
transmittal letter on the Proposer’s letterhead and include the name, address, phone number and
e-mail address for the Proposer contact person. Specify who would be the CM’s signatory to any
contract documents executed with the City. In addition, clearly express the Proposer’s interest in
being considered for this contract and include other information deemed relevant by the
Proposer.
Also include the following as part of the Proposal transmittal letter:
“The undersigned has read The City of Daytona Beach’s Request for Proposals for
Construction Manager at Risk Services for The DAYTONA BEACH WESTSIDE
REGIONAL WATER RECLAMATION FACILITY IMPROVEMENTS PROJECT.
On behalf of our team, we agree to and accept the terms, specific limitations, and
conditions expressed therein. WE HAVE READ, ACKNOWLEDGE, AND ACCEPT
THE TERMS ON WHICH THE REQUEST FOR PROPOSALS IS OFFERED WHICH
ARE FULLY INCORPORATED BY REFERENCE INTO THIS LETTER.”
Proposals must be manually and duly signed by an authorized corporate officer, principal, or
partner (as applicable) with a signature in full. When a firm is the Proposer, the Proposal shall be
signed in the name of the firm by one or more of the partners. When a corporation is the
Proposer, the officer signing shall set out the corporate name in full beneath which he shall sign
his name, give title of his office, and affix the corporate seal. Anyone signing the Proposal as
agent must file with it legal evidence of signature authority. Proposers who are nonresident
corporations shall furnish to the City a duly certified copy of their permit to transact business in
the State of Florida along with the Proposal. Failure to promptly submit this evidence or
qualification to do business in the State of Florida may be basis for rejection of the Proposal.
REQUEST FOR PROPOSALS 16
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5.3.2 Part 1 – Executive Summary
Provide an executive summary that includes a concise overview of the key elements of the
Proposal and must summarize and refer to information in the Proposal. The executive summary
shall not be used to convey additional information not found elsewhere in the Proposal.
5.3.3 Part 2 – Project Management Approach
Provide a description of the CM’s approach for managing the CMAR services described in RFP
Attachment B during the Project’s preconstruction and construction phases. Specifically:
Provide an organizational chart for Proposer project team, identifying all Key Personnel
(as defined in Attachment A of the RFP) and the reporting hierarchy of staff and
subcontractors and the specific individuals responsible for coordination of the separate
components of the work.
Describe of the roles, responsibilities, accountabilities, and availability of the Key
Personnel who will be assigned to the Project through completion.
Note: The identification and utilization of specific Key Personnel through the life of a
project are important factors in the City's consideration and selection of a Proposer. Any
changes in identified Key Personnel after the award of the agreement must be approved
by the City in writing before the change is made. Include availability of team to begin
work as soon as possible after the selected firm receives the notice to proceed.
Describe the communication approach and tools that will be utilized to ensure the timely
delivery of high quality services and coordination among CM, City, Design Engineer,
and other Project stakeholders.
Provide documentation from an insurance underwriter or other qualified third-party
identifying the Proposer's Experience Modification Rate (EMR) for the current year and
prior two years.
Describe the approach to Project safety.
Describe the quality control / quality assurance approach(es).
5.3.4 Part 3 – Project Delivery Approach
Provide a description of the CM’s approach for delivering the CMAR services described in RFP
Attachment B during the Project’s preconstruction and construction phases. Specifically:
Provide a detailed Scope of Work based on Attachment B of this RFP which clearly
identifies all task activities, deliverables, meetings, etc. that will be provided by the CM.
(A final version of this Scope of Work will be incorporated into the executed CMAR
Contract.)
Describe how a collaborative relationship with the City and Design Engineer will be
established during preconstruction-phase development, scheduling, cost estimating and
risk management.
REQUEST FOR PROPOSALS 17
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Describe how the design and construction processes will interface (including how
constructability issues, construction document packaging, value engineering, and risk
issues will be addressed).
Describe any alternative solutions/options to achieve success in executing the scope of
work.
Identify the work elements critical to the Project’s success and how these components
will be addressed.
Describe the process for developing the GMP (defined by the City and including the
approach to establishing contingency) and for developing early-out equipment and/or
construction package GMPs.
Describe the process for adhering to the GMP during the construction phase.
Identify and describe the key Project risk factors and the approach for mitigation.
Provide a project schedule showing all key milestones, and identification of the specific
approach(es) to meeting the schedule.
5.3.5 Part 4 –Experience
A. CM Experience: Provide clear and thorough descriptions of the Proposer's
related and applicable experience and performance, particularly for:
Projects involving water and/or wastewater treatment infrastructure;
Projects utilizing alternative project delivery approaches such as design-build
(DB), construction management and risk (CMAR), design-build-
operate/finance, etc.;
Projects constructed in the state of Florida; and
Projects funded through the Florida DEP State Revolving Fund.
Note: Please see Section 6.3 regarding minimum qualifications requirements.
Using the Proposer Experience Reference Forms provided in Attachment F of the
RFP, provide all requested information on the three (3) most recent related and
applicable projects of those provided per the above that have been at least
substantially completed by Proposer within the last ten (10) years.
Provide information as requested concerning the degree to which the projects
identified above met required levels of performance for change orders, schedule
adherence, budget adherence, and safety. Also, describe any major issues or
challenges presented on the project(s) and how they were resolved.
B. Project Manager CMAR Experience: Using the Project Manager Experience
Reference Forms provided in Attachment F of the RFP, provide all requested
information on the three (3) most recent related and applicable water/wastewater
and/or alternative delivery projects that have been at least substantially completed
by the Project Manager within the last ten (10) years and on which the proposed
REQUEST FOR PROPOSALS 18
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Project Manager served in a project manager capacity. These three projects may
be the same projects as listed for the firm or they may be projects performed by
the proposed Project Manager while employed elsewhere.
The Project Manager's resume should be provided in Appendix D of the Proposal.
C. Project Team CMAR Experience: Provide information regarding the related
and applicable skills and experience (e.g. water/wastewater treatment projects,
alternative delivery projects) of the project team that will be assigned to provide
the requested services (exclusive of the Project Manager) with proposed Key
Personnel identified, including brief resumes limited to two (2) pages each.
Provide the general and specific project related capability of the in-house staff as
well as sub-consultants and sub-contractors and demonstrate adequate depth and
abilities of the team. Include management, technical, and support staff.
Resumes for each key project team member should be provided in Appendix D of
the Proposal.
D. Licensing Requirements: Only State of Florida Licensed Building and General
Contractors will be considered for this project. Supply copies of appropriate
license(s), with expiration dates, as part of the Proposal. Failure to hold and
provide proof of proper licensing, certification and registration may be grounds
for rejection of the Proposal. Licenses will be in the Proposer’s name as it appears
on the Proposal. Supply copies of appropriate licenses showing the qualifying
agent and expiration dates, as part of their Proposal. Failure to hold and provide
proof of proper licensing, certification and registration may be grounds for
rejection of the Proposal.
E. Reference Requirements: As described under Subsections A and B above,
submit copies of the Proposer Experience Reference Form and Project Manager
Experience Reference Form provided in Attachment F to provide the requested
reference information for the Proposer Experience and Project Manager
Experience, respectively. The City will contact the individual(s) identified by the
Proposer on each form. The contact person(s) listed as a reference shall be
someone who has personal knowledge of the Proposer’s performance during the
referenced project. More than one person can be listed but all must have
knowledge of the project. DO NOT list principals or officers who will not be able
to answer specific questions regarding the project.
5.3.6 Appendix A - Forms for Affirmation of Compliance
Complete and submit the forms provided in Attachment F of the RFP.
1. Affidavit of Authenticity Form
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2. Proposer Experience Reference Forms
3. Project Manager Experience Reference Forms
4. Non-Collusion Declaration Form
5. Drug Free Workplace Form
6. Public Entity Crimes Form
7. Trench Safety Act Form
5.3.7 Appendix B - Financial Statements
Provide annual audited financial reports for the three (3) most recent full financial years,
prepared in accordance with Generally Accepted Accounting Principles (GAAP), and all relevant
notes. If the Proposer has been in existence less than three (3) years, the information shall be
provided for the period of existence. If Proposer is a joint venture, provide annual audited
financial reports for the three (3) most recent full financial years for each individual firm that is a
member of the joint venture (i.e., member firm of Proposer). If any member firm of Proposer has
been in existence less than three (3) years, the information shall be provided for the period of
existence.
5.3.8 Appendix C - Draft CMAR Contract Markup (Optional)
The Proposal may include in Appendix C (CMAR Contract Markup) a markup of the Draft
CMAR Contract (including its attachments), setting forth any and all revisions requested by the
Proposer. The attached form contract is subject to negotiations between the selected proposer (if
any) and to updates to comply with City form requirements. Although the City will undertake
negotiations of the CMAR Contract, the CMAR Contract Markup will be treated as a de facto
offer that the City may accept as is, which would result in a binding contract between the CM
without further negotiations or revision.
Proposers may also provide in Appendix C the rationale for such revisions and the associated
benefits to the City. Proposers are encouraged to suggest revisions that would more efficiently
allocate risk, improve the parties’ understanding of risk allocation, and improve clarity of any
terms of the Draft CMAR Contract where ambiguities or uncertainties may arise in their
application or interpretation.
All applicable Federal and State laws, municipal and City ordinances, and the rules and
regulations of all authorities having jurisdiction over any part of the Project shall apply to the
solicitation and Contract throughout, and they will be deemed to be included in the RFP and
CMAR Contract the same as though herein written.
The City is not obligated to accept any of the requested exceptions, modifications, additions, etc.
submitted by the Proposer in the CMAR Contract Markup when negotiating and finalizing the
CMAR Contract. Furthermore, the City may request additional revisions during negotiations and
before finalizing the CMAR Contract.
Proposers are encouraged to carefully review RFP Attachment C (Draft CMAR Contract) and to
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submit written questions and comments by the deadline specified in Section 4. The City (at its
sole discretion) may modify the Draft CMAR Contract based on comments submitted by the
Proposer, contract negotiations with the Proposer, and compliance with City forms and
requirements. The City expects that this review and comment process will substantially reduce
the need for extensive post-selection negotiation.
5.3.9 Appendix D - Resumes
Provide project team resumes as described in Section 5.3.5 (B) and (C).
5.3.10 Appendix E - Evidence of Ability to Obtain Insurance
Provide a letter or Certificate of Insurance from its insurance company stating its ability to
acquire and provide insurance coverages and limits as identified in the Draft CMAR Contract.
The required insurance must be obtained and maintained from insurance companies that have an
A.M. Best Rating of no less than A: VII, unless otherwise acceptable to the City, and are duly
licensed or authorized in the State of Florida.
5.3.11 Appendix F - Evidence of Ability to Obtain Bonding
Provide a notarized letter(s) from its surety (or sureties) verifying the Proposer has a minimum
bonding capacity of $27 million available for the Project for each 1) performance, and 2)
payment bonds. The Proposer’s surety (or sureties) must have an A.M. Best Rating of A, Class X
or better. All sureties must be authorized by law to do business in Florida and also must be listed
in the U.S. Department of Treasury Circular 570.
5.3.12 Appendix G - Current and Recent Litigation
Provide relevant information and details concerning all current or recent (within last five years)
claims and/or litigation involving alleged damages totaling more than $100,000 against Proposer
or any member firm of the Proposer team filed in any Federal or state court in the United States,
or the courts of any other country in which the Proposer is doing business, not matter where
filed.
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SECTION 6. PROPOSAL EVALUATION AND SELECTION
6.1 General
The Proposals will be reviewed and evaluated by the City’s Selection Committee (with assistance
provided by the Design Engineer and/or other outside advisors, if desired by City) according to
the requirements and criteria outlined in this RFP Section 6. During the Proposal evaluation
process, written questions or requests for clarification may be submitted to one or more
Proposers regarding its Proposal or related matters. Failure to respond in a timely manner to any
such questions or requests may be grounds for elimination of the Proposer from further
consideration. In addition, the City may require that all or a limited number of Proposers
participate in interviews.
The Purchasing Code, Chapter 30, Code of the City of Daytona Beach, sets forth the general
review procedures for competitive sealed proposals. Under the Purchasing Code, the City
Manager is required to evaluate and rank responsive Proposals in accordance with the criteria
identified in the RFP. Before submitting a recommendation for contract award pursuant to this
RFP to the City Commission, the City Manager is authorized to “shortlist’ and negotiate with
one or more of the Proposers who submitted the highest ranked Proposals. As part of these
negotiations, the City Manager may request revised Proposals from shortlisted Proposers.
The City Manager has adopted a policy delegating the task of initially ranking responsive
Proposals to a Selection Committee. The Selection Committee may require personal interviews
with Proposers before submitting its recommendations to the City Manager.
6.2 Selection Process Overview
For the purpose of selecting the most qualified firm, the City will use a competitive selection
process as set forth in pertinent City and State procurement requirements. The procedure will
involve the following steps:
a. The City will advertise and mail RFP Invitations to interested Proposers.
b. The City’s Selection Committee will review, rank, and shortlist all Proposals received
by the established deadline for submission. Proposer interviews with the short-listed
Proposers to make presentations to clarify their Proposals may be required. These
presentations will serve to explain implementation techniques integral to their written
Proposal.
c. The City’s Selection Committee will then rank each Proposal and prepare a
recommendation for approval by the City Manager. Upon receipt of the City
Manager’s authorization, the City’s Project Manager shall negotiate a contract with
the selected firm. Should the Project Manager be unable to negotiate a satisfactory
contract with the firm considered to be most qualified, the City Manager, or designee,
shall terminate such negotiations with that firm and begin negotiations with the next
most qualified firm and so on until negotiations are successful.
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d. The City Commission has the sole authority to bind the City to the terms and
conditions of a contract that has been approved in a public meeting of the City
Commission, executed by the Mayor and City Clerk, and approved by the City
Attorney. The City Commission reserves the right to modify or reject any contract for
the acquisition of goods and/or services submitted to it for consideration.
6.3 Responsiveness
Each Proposal will be reviewed to determine whether it is responsive to the RFP. Failure to
comply with the requirements of this RFP as described in Section 5 of the RFP may result in a
Proposal being rejected as non-responsive. At its sole discretion, however, the City may waive
any such failure to meet a requirement of this RFP and may request clarification or additional
information to remedy a deficiency.
6.4 Proposal Opening - Late Proposals
Proposals will be opened publicly, the name of the Proposers read aloud and recorded, on the
date and time indicated in Section 4.2 of this RFP, at the location specified in this Request for
Proposals. It is the Proposers’ responsibility to make certain that his/her Proposal is in the hands
of the Purchasing Agent prior to the opening time at the specified location. Any Proposal
received thereafter will be rejected and returned to the Proposer.
6.5 Minimum Qualification Requirements
Each responsive Proposal will be reviewed to determine whether it meets the Minimum
Qualification Requirements outlined in this subsection. At its sole discretion, the City may waive
any failure to satisfy such requirements and may request clarification or additional information to
address any questions that may arise in this regard. Any Proposal that does not satisfy all of the
following Minimum Qualification Requirements may be rejected.
Performance and Payment Bonds. The Proposer has capacity to provide performance
and payment bonding each in the amount of $27 million.
Licensing and Registration. The Proposer and all subcontractors must be licensed in the
State of Florida at the time of Proposal submittal for the type of work to be performed.
Water/Wastewater Facility Construction Experience. Within the past ten (10) years, the
Proposer must have at least substantially completed the construction of at least one (1) water
or wastewater treatment facility upgrade or expansion projects with treatment capacity of at
least 10 MGD for municipal clients in the United States.
Alternative Project Delivery Experience. Within the past ten (10) years, the Proposer must
have at least substantially completed the construction of at least one (1) project under an
alternative project delivery approach (e.g. design-build, CMAR, design-build-
operate/finance, P3, etc.).
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Safety record. The Proposer must have achieved an experience modification rate (EMR)
of not greater than 1.0 for the current and past two years.
6.6 Evaluation Criteria
The Selection Committee will evaluate and rank the Proposals that satisfy the Minimum
Qualification Requirements identified in Section 6.5 above by applying weighted evaluation
criteria, as set forth below, to information provided in Proposals.
Each criterion will be scored between 1 and 5; 1=poor, 2=below average, 3=average, 4=above
average, 5=excellent. Scores will be multiplied by the criterion weight for a weighted score;
weighted scores will be totaled for the weighted total score.
Project Management Approach (10%)
Criterion will consider information provided in Proposal Part 2 - Project
Management Approach as described in RFP Section 5.3.3.
Project Delivery Approach (20%)
Criterion will consider information provided in Proposal Part 3 - Project Delivery
Approach as described in RFP Section 5.3.4.
Experience
o Proposer (20%)
o Project Manager (15%)
o Key Personnel (10%)
o Project performance (25%)
Criterion will consider information provided in Proposal Part 4 - Experience as
described in RFP Section 5.3.5., including information contained in the completed
Proposer Experience Reference Forms and Project Manager Experience Reference
Forms.
6.7 Proposer Interviews
The Selection Committee may elect to conduct interviews with the highest ranked Proposers if
deemed necessary. Information regarding the format and content of the interviews will be
provided at a later date.
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SECTION 7 CONDITIONS FOR PROPOSERS
7.1 Ineligible Firms and Individuals
The following firms and individuals are serving in an advisory capacity to the City for this
Project and are therefore not eligible to assist or participate with any Proposer that submits a
Proposal for the Project:
Carollo Engineers, Inc.
7.2 Conflict of Interest
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida Statutes.
The Proposer must disclose with the Proposal, the name of any officer, director, partner,
associate, or agent, who is also an officer or employee of the City of Daytona Beach.
7.3 Rights of the City
In connection with this procurement process, including the receipt and evaluation of Proposals
and award of the CMAR Contract, City reserves to itself (at its sole discretion) all rights available
to it under applicable law, including without limitation, with or without cause and with or without
notice, the right to:
Cancel, withdraw, postpone, or extend this RFP, in whole or in part, at any time prior to
the execution of the CMAR Contract, without incurring any obligations or liabilities
Modify the procurement schedule
Waive deficiencies, informalities and irregularities in a Proposal and accept and review a
non-conforming Proposal
Suspend and terminate the procurement process or terminate evaluations of Proposals
received
Permit corrections to data submitted with any Proposal
Hold meetings and interviews, and conduct discussions and correspondence, with one or
more of the Proposers to seek an improved understanding of any information contained in
a Proposal
Seek or obtain, from any source, data that has the potential to improve the understanding
and evaluation of the Proposals
Seek clarification from any Proposer to fully understand information provided in the
Proposal and to help evaluate and rank the Proposers
Accept or reject any or all Proposals that it may in its sole discretion deem non-
responsive, to waive technicalities, or to accept the Proposal that, in its sole judgment, is
most advantageous and best serves the over-all interest of the City.
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Reject a Proposal containing exceptions, additions, qualifications or conditions not called
for in the RFP or otherwise not acceptable to the City
Conduct an independent investigation of any information, including prior experience,
included in a Proposal by contacting project references, accessing public information,
contacting independent parties, or any other means
Request additional information from a Proposer during the evaluation of its Proposal
7.4 Obligation to Keep Project Team Intact
Proposers are advised that all firms and Key Personnel identified in their Proposals in response to
the requirements of RFP Section 5.3.5 and identified in RFP Attachment A shall remain on the
CM team for the duration of the procurement process and execution of the Project. If
extraordinary circumstances require a change, it must be submitted in writing to the City, who
shall have sole discretion to determine whether to authorize a change, recognizing that certain
circumstances (such as termination of employment) may occur that are beyond the CM’s control.
Unauthorized changes to the Project team at any time during the procurement process may result
in elimination of the Proposer from further consideration.
7.5 Additional Conditions
NON-COLLUSION: By submitting a Proposal in response to the RFP, the Proposer represents
that, should the Proposal be accepted, the resulting contract(s) would not violate any provisions
of federal law or regulations, or any ordinances or regulations established by the City. The
Proposer warrants as an integral and essential part of his/her Proposal: (a) that he/she has not
participated in nor is he/she obligated or bound by any agreement, arrangement or other
understanding with any person, firm or corporation with respect to the allocation of the business
afforded by or resulting from the acceptance of his/her Proposal; (b) that his/her Proposal is or is
intended to be competitive and free from any collusion with any person, firm or corporation; and
(c) that he/she is not a party to nor has participated in nor is he/she obligated or otherwise bound
by any agreement, arrangement or other understanding with any person, firm or corporation
relating to the exchange of information concerning Proposals, prices, terms or conditions upon
which the contract(s) resulting from this acceptance is to be performed.
Proposers must provide the completed and notarized Anti-Collusion Statement Form provided in
Attachment F of the RFP with the Proposal submittal.
ANTI-DISCRIMINATION: During the performance of the contract, the Proposer agrees as
follows:
a. The Proposer will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, or national origin.
b. Notices, advertisements and solicitations placed in accordance with federal law,
rule, or regulation shall be deemed sufficient for the purpose of meeting the
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requirement of this section.
PROPOSAL PREPARATION COSTS: By submittal of a Proposal, the Proposer agrees that
all costs associated with the preparation of his/her Proposal and interview preparation/materials
(if applicable) will be the sole responsibility of the Proposer. The Proposer also agrees that the
City bears no responsibility for any costs associated with the preparation of the Proposal and/or
any administrative or judicial proceedings resulting from the solicitation process.
DRUG FREE WORKPLACE: The selected firm must provide the Drug Free Workplace Form
provided in Attachment F of this RFP in accordance with Florida Statute 287.087.
PUBLIC ENTITY CRIME STATEMENT (FS 287.133): 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 Proposal on a contract to provide any goods or services to a public entity, may not
submit a Proposal on a contract with a public entity for the construction or repair of a public
building or public work, may not submit Proposals 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 in excess
of the threshold amount provided in Florida Statutes 287.170 for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor list. The selected firm must
provide the Public Entity Crime Statement Form provided in Attachment F of this RFP in
accordance with Florida Statute 287.087, with the Proposal submittal.
OCCUPATIONAL SAFETY AND HEALTH ACT (O.S.H.A.): In instances where such is
applicable due to the nature of the matter with which this Proposal is concerned, all material,
equipment, etc., as proposed and offered by Proposers must meet and conform to all O.S.H.A.
requirements; the Proposer's signature upon the Proposal being by this reference considered a
certification of such fact.
TRENCH SAFETY ACT: The purpose and intent of this act is to provide for increased worker
safety by requiring compliance with sufficient standards for trench safety. Proposers must
complete the Trench Safety Act Form provided in Attachment F of this RFP with the Proposal
submittal.
PATENT INFRINGEMENT, ETC: By submission of a Proposal the Proposer certifies that
the services to be furnished will not infringe any valid patent, copyright, or trademark and the
successful Proposer shall, at his/her own expense, defend any and all actions or suits charging
such infringement and hold the City harmless in case of any such infringements.
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7.6 Addenda
If any revisions or clarifications to the RFP or procurement process become necessary or
desirable (at the City’s sole discretion), the City may issue written addenda.
Failure of any Proposer to obtain any such addendum shall not relieve said Proposer from any
obligation under the RFP as submitted. All addenda so issued shall become part of the Contract
Documents and Proposer shall acknowledge receipt on the Affidavit of Authenticity Form
provided in Attachment F of this RFP.
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Attachment A
Definition of Terms
The definitions of some of the capitalized terms used in this RFP are presented below:
CM – The Construction Management at Risk Firm or other any other firm (such as a
subcontractor or joint-venture partner) that will provide construction services and have
responsible charge of construction of the Project.
Design Engineer – The engineering firm that will provide professional design services and have
responsible charge of the design, including preparation of the construction documents. The City's
Design Engineer is Carollo Engineers, Inc.
Draft CMAR Contract – The draft Contract, including the agreement and all of its attachments,
presented as RFP Attachment C (Draft CMAR Contract).
Key Personnel – The individuals, employed by CM or other firms included on the Project Team
and identified in Proposal Section 5, who would fill certain key roles in delivering the Project
and related services by the CM, including at least the following positions: project manager,
safety manager, quality manager, preconstruction manager, lead estimator, procurement
manager, construction manager, and construction superintendent(s).
Minimum Qualification Requirements – The requirements set forth in Subsection 6.3 of this
RFP that, at a minimum, must be satisfied by the CM (or waived by City) in order for the
Proposal to be evaluated and ranked based on the evaluation criteria described in Sections 6.4
RFP.
City – The City of Daytona Beach, Florida
Project – Westside Regional Water Reclamation Facility Improvements
Project Team – The CM, Key Personnel and any additional firms (such as subcontractors and
sub-consultants) included in the Proposal.
Proposer – The entity responding to this RFP by submitting the Proposal.
Work – Work comprises all construction and other services required by the Contract
Documents, including procuring and furnishing all materials, equipment, services and labor
reasonably inferable from the Contract Documents.
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Attachment B
Scope of CMAR Services
The CM will provide the following preconstruction- and construction-phase services, as
identified and described in the Proposal, and for the price specified in the Fee and Price Proposal.
This Attachment shall be used by the Proposer for the preparation of Part 3 of the Proposal. (See
Section 5.3.4 of the RFP.)
A. PRECONSTRUCTION-PHASE SERVICES
Preconstruction-phase services will include:
1. Provide a Project Manager, all Key Personnel (as defined in Attachment A of the
RFP) and all other associated personnel necessary to fully meet the CM’s obligations
for preconstruction services;
2. Within 14 days of the notice to proceed the preconstruction phase, provide a
construction management plan that includes approach to safety, quality, cost,
schedule, project organization during both preconstruction and construction phases,
packaging, and subcontractor management plan;
3. Consult with the City and the Design Engineer to confirm understanding on all aspects
of the planning, design, and proposed construction, as well as drawings and
specifications;
4. Provide input as requested regarding information on material availability,
recommendations on equipment and/or packaging to advance construction, and
independent quantity calculations to verify quantities specified by Design Engineer;
5. Provide list of additional details that would be needed to complete the project in the
allotted time or to accelerate aspects of the work;
6. Develop independent detailed construction cost estimates, critical path method
schedules and cash flow forecasts for final design;
7. Provide monthly project planning and scheduling reports to optimize the sequencing of
constructing the project;
8. Identify long-lead equipment procurement needs and submit a report to the City;
9. Make recommendations to the City regarding the division of the Work to facilitate bids
and proposals for the major elements of the Work;
10. Advise the City regarding ways to gain efficiency in Project delivery;
11. Provide complete, detailed, written GMP, including line-item cost breakdowns with
conditions, assumptions, and contingencies;
12. Provide a Project risk management plan;
13. Provide a construction emergency response plan and site safety plan;
14. Develop, implement, and maintain a quality management plan that ensures
conformance to the project design and to every section of the specifications;
15. Develop a QC program to ensure continuing attention to the production and installation
of error-free work;
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16. Provide an environmental management plan detailing programs for a storm water
pollution prevention plan and handling other environmental issues (dust, on-site
chemicals and fuel, etc.) required to comply with permits and regulations applicable to
the Project;
17. Schedule all Project construction-related activities;
18. Identify work that the Proposer intends to self-perform;
19. Identify and recommend which work, if any, should be procured through value-based
competitive selections, in lieu of low-bid selection;
20. Participate in one Project kick-off meeting for preconstruction-phase services;
21. Participate in up to 5 additional meetings or workshops with the Design Engineer, City
or others as needed;
22. If requested by the Design Engineer and/or City, provide value engineering input in
order to develop cost savings and efficiencies to reduce the GMP;
23. Identify opportunities to utilize the City's Direct Purchase Policy subject to Fla. Stat.
Section 212.08(6).
B. CONSTRUCTION-PHASE SERVICES
Construction-phase services will include the following:
1. Construct Project consistent with all relevant federal, state, county, and City laws and
codes;
2. Discuss Project with subcontractors and material suppliers to determine workloads,
bonding capacity, and worker/mechanic availability;
3. Review rules for how and when a CM can self-perform some elements of a project
with its own forces and systems for selection;
4. Prepare the bids/proposals packages for the elements of the Work incorporating the
requirements of the Contract;
5. Provide management of and assistance for the City's Direct Purchase Policy subject to
Fla. Stat. Section 212.08(6) as requested by City to allow avoidance of payment of
sales tax on certain high value building materials and supplies;
6. Develop and submit recommendations for awarding the subcontracts to construct the
Project;
7. Participate in up to two (2) Project kick-off meetings for construction-phase services;
8. Perform the construction portion of the Work in strict accordance with all applicable
Contract Documents;
9. Coordinate and manage the Work that includes all required appurtenances, necessary
site improvements, and all other work required to make a complete and operable
system within the GMP and the allowable contract time;
10. Coordinate with various local and state agencies, as necessary and/or requested by
City;
11. Arrange for procurement of materials and equipment;
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12. Manage all procurement and construction-related subcontracts while meeting the City's
requirements for procurement of subcontractor and supplier bids or proposals. This
effort includes inspecting the Work performed by subcontractors to ensure
conformance with the Contract Documents;
13. Monitor and maintain quality controls over shop drawings, equipment and materials,
implementation, and Work;
14. Provide performance, payment, and any other security for performance as described in
bonds as described in Attachment C of this RFP;
15. Provide insurance for the preconstruction and construction phases as detailed in this
RFP;
16. Implement the construction site safety plan to provide a safe working site for the
Project, maintain, update and implement as needed for the emergency response plan;
17. Conduct a meeting with all the contractors and sub-contractors performing major
elements of the Work prior to the start of their activities;
18. Obtain any necessary construction permits;
19. Manage storm water runoff and dust;
20. Establish and implement procedures to track, expedite and process all submittals,
change orders, and requests for information;
21. Engage and oversee the activities of a third party materials testing laboratory;
22. Review and process shop drawings and other documents for submittal to Design
Engineer;
23. Establish a critical path method schedule for the Project, monitor and update the
construction schedule monthly, prepare two-week look ahead work schedules
consistent with overall schedule;
24. Review and process all pay applications from subcontractors;
25. Comply with all requirements associated with SRF funding;
26. Conduct monthly progress meetings with the on-site trade foremen or superintendents;
27. Attend monthly meetings with the Design Engineer and City staff and provide written
monthly progress report and updated schedule;
28. Maintain current hard copies of project as-built drawings, including all subcontracted
work, and submit monthly in hard copy, PDF and electronic format, as specified by the
Design Engineer;
29. Develop, implement and manage a commissioning, start-up and testing plan necessary
for the City to accept the Project as completed and ready to use;
30. Expedite and coordinate delivery, storage, security and installation of direct purchased
material and equipment, as applicable;
31. Supervise/manage the warranties provided to the City for the equipment and
construction work;
32. Receive warranty work items from the subcontractors and vendors, and provide same
to City upon final completion of the Project, or at a date negotiated by the parties;
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33. Conduct a walk-through with the City and Design Engineer to ensure that the City,
Design Engineer, and CM are in agreement that the construction–phase work is
complete before the one-year warranty goes into effect;
34. Implement close-out procedures necessary for the City to accept the Project as being
finally complete;
35. Complete all construction-phase services and Work, including performance testing;
and
36. Prepare a final report on all construction costs.
Attachment C
Draft CMAR Contract
WESTSIDE REGIONAL WATER RECLAMATION FACILITY
IMPROVEMENTS
CONSTRUCTION MANAGEMENT AT RISK SERVICES
DRAFT - FOR REVIEW PURPOSES ONLY
CONTRACT NUMBER: 0317-2370
CONSTRUCTION MANAGER: TBD
OWNER: The City of Daytona Beach
P.O. Box 2451
Daytona Beach, Florida 32115
(386) 671-8610 Fax (386) 671-8620
DESIGN ENGINEER: Carollo Engineers, Inc.
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CONTRACT FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES
This Contract (or “this Agreement”) is made and entered into on the day of
, 2017, by and between THE CITY OF DAYTONA BEACH, FLORIDA, the
Owner or the City, and ___________________________________________________, the
Construction Manager (“CM”)
For the mutual covenants, conditions, and considerations set forth herein, the Parties hereto do
hereby agree as follows:
ARTICLE 1
EXTENT OF AGREEMENT
The CM accepts the relationship of trust and confidence established between him and the Owner
by this Contract agrees to provide Construction Management at Risk services as provided herein.
The CM covenants to furnish his best skill and judgment as the CM with specific expertise in
construction of specific wastewater infrastructure improvements for the Westside Regional Water
Reclamation Facility.
1.1 Definitions.
Construction Phase—the portion of the project to be completed by CM after the GMP
is approved, if applicable.
Design Engineer —The firm that is providing specific engineering services to the City
of Daytona in support of the Project. These services are described in Attachment D of the Request for
Proposals. The Design Engineer is Carollo Engineers, Inc.
Effective Date – The date of this Contract as stated in the first paragraph of the Contract.
Estimate - The CM's latest estimate of probable project construction cost.
Pre-Construction Phase—the phase of the project prior to the execution of the GMP
amendment
GMP - Guaranteed Maximum Price for construction of the Project pursuant to the
provisions of this Contract.
GMP Amendment—the amendment to this Contract required for construction of the
project to proceed past Pre-Construction Phase Services as described herein.
Owner’s Construction Budget - The sum total of all of the Owner's funds, budgeted and
requested, for construction of the Project. The Owner's Construction Budget includes all CM Fees
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set forth in Article 8, Costs of the Project set forth in Article 9, and CM's construction contingencies
described in Article 7. This acknowledgment of the Owner's budgeted funds is not to be construed
as the GMP.
Permitting Authority - any federal, state, or local governmental agency with jurisdiction
over the project.
Project — the total work be performed pursuant to this Contract. The project includes
improvements to the Westside Regional Water Reclamation Facility as described in the Request for
Proposals (RFP), and in accordance with the General Conditions attached to this Contract as Exhibit
A and, upon completion the construction drawings, which will be attached to this Contract through
the GMP Amendment.
Project Manager — the person designated by the Owner to have direct interface on
behalf of Owner with the CM; provided, however, that in all instances the City Manager of the City
of Daytona Beach will also have authority to act as Owner.
Request for Proposals (RFP) — [definition to be developed in accordance with City
standards and final RFP].
Subcontractor - a person or organization that has a direct contract with the CM to
perform any work at the site or deliver any materials or supplies to the site, and where the context
requires, Subcontractors to such persons or organizations.
As used herein, the terms, “this Agreement” and “this Contract” will be interpreted to
include all Contract Documents. Other words and phrases used in the Contract Documents, including
this Agreement, will have the meanings given them in the General Conditions; where not defined in
the General Conditions, the generally accepted meaning as they are used in the construction industry;
and, if there is no such generally accepted meaning, they will be interpreted according to their
common and customary usage. Headings are used herein solely for convenience.
1.2 Integration. This written contract between the Owner and the CM supersedes any prior
negotiations, representations or agreements between the parties. This Agreement will not be
superseded by any provisions of the documents for construction and may be amended only by written
instrument signed by both Owner and CM.
1.3 Construction Team. The CM, the Owner, and the Design Engineer are referred to herein
collectively as the “Construction Team.” The CM and the Design Engineer will work jointly during
the pre-construction phase and through final construction completion and will be available thereafter
should additional services be required. The Design Engineer will provide leadership of the
Construction Team during the pre-construction phase with support from the CM. The CM will
provide leadership of the Construction Team on all matters relating to construction.
Westside Regional Water Reclamation Facility Improvements - DRAFT Page 35 of 60
ARTICLE 2
CM SERVICES
The CM will provide all CM services necessary to complete the successful construction of the
project. The detailed description of services which follows is intended to assist the Owner in
understanding the scope of those services, and is not designed to be totally complete or exhaustive,
or to exclude services not specifically mentioned.
2.1 Task 1
2.1.1 Task 1.1:
(1)
(2)
(3)
2.1.2 Task 1.2:
2.1.3 Task 1.3:
2.2 Task 2
2.2.1 Task 2.1
2.3 Design Review and Recommendations.
2.3.1 Review Recommendations and Warranty: The CM will familiarize himself
thoroughly with all drawings, plans, specifications, and other materials provided in
Attachments D and E of the RFP. As requested, the CM will make
recommendations with respect to the selection of systems and materials, and cost-
reducing alternatives including assistance to the Design Engineer and Owner in
evaluating alternative comparisons versus long term cost effects. The evaluation
will speak to the benefits of the speed of construction and early completion of the
project. CM will furnish pertinent information as to the availability of materials and
labor that will be required. The CM will submit to the Owner, Permitting
Authorities (as applicable) and Design Engineer such comments as may be
appropriate concerning construction feasibility and practicality. The CM will call
to the Owner's and the Design Engineer's attention any apparent defects in the
design, drawings and specifications or other documents. The CM will prepare
estimates of the construction cost utilizing the unit quantity survey method in the
CSI format.
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2.3.2 Review Reports and Estimates: On or before the enumerated deadlines set forth
in in this Article, the CM will provide review reports containing (i) detailed cost
estimates in the described format set forth in Paragraph (1) above, (ii) suggestions
or recommendations previously submitted, (iii) additional suggestions or
recommendations as the CM may deem appropriate, and all actions taken by the
Design Engineer with respect to same, (iv) any comments the CM may deem to be
appropriate with respect to separating the work into separate contracts and
alternative materials, and (v) all comments called for under Section 2.3. CM will
provide the review reports to the Owner and the Permitting Authority, with copies
to the Design Engineer.
AT THE COMPLETION OF THE CONSTRUCTION MANAGER’S REVIEW
OF THE PLANS AND SPECIFICATIONS, EXCEPT ONLY AS TO SPECIFIC
MATTERS AS MAY BE IDENTIFIED BY APPROPRIATE COMMENTS
PURSUANT TO THIS SECTION, THE CONSTRUCTION MANAGER WILL
WARRANT, WITHOUT ASSUMING ANY DESIGN OR ENGINEERING
RESPONSIBILITY, THAT THE PLANS AND SPECIFICATIONS ARE
CONSISTENT, PRACTICAL, FEASIBLE, AND CONSTRUCTIBLE. THE
CONSTRUCTION MANAGER WILL WARRANT THAT THE WORK
DESCRIBED IN THE PLANS AND SPECIFICATIONS FOR THE VARIOUS
BIDDING PACKAGES IS CONSTRUCTIBLE WITHIN THE SCHEDULED
CONSTRUCTION TIME.
2.3.3 Long Lead Procurement: The CM will review the design for the purpose of
identifying long lead procurement items (machinery, equipment, materials, and
supplies). When each item is identified, the CM will notify the Subcontractors,
Owner and the Design Engineer of the required procurement and schedule. Such
information will be included in the bid packages and made a part of all affected
subcontracts. As soon as the Design Engineer has completed drawings and
technical specifications and the CM has obtained applicable permitting approval,
the CM will prepare invitations for bids. Copies of the invitation to bid will be
supplied to Owner in advance for Owner's review. The CM will keep himself
informed of the progress of the respective Subcontractors or suppliers,
manufacturing, or fabricating such items and advise Owner and Design Engineer
of any problems or prospective delay in delivery.
2.3.4 Separate Contracts Planning: The CM will review the design and will determine
how he desires to divide the sequence of construction activities, and will determine
the breakdown and composition of bid packages for award on the current schedule
while the design is being completed, and will supply copy to Owner for his review.
He will 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
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materials, community relations, and any other factors pertinent to saving time and
cost by overlapping design and construction that are authorized by the Owner. The
CM will supply the Owner a copy of the schedule for the Owner's review.
2.3.5 Interfacing:
(1) The CM will take such measures as are appropriate to provide that all
construction requirements will be covered in the separate procurement of
long lead items, the separate construction Subcontractors and the general
conditions items performed without duplication or overlap, sequenced to
maintain completion of all work on schedule. Particular attention will 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 Contractors.
(2) Without assuming any Design responsibilities of the Design Engineer, the
CM will 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 Design
Engineer may arrange for necessary corrections.
2.3.6 Job-Site Facilities: The CM will arrange for all job-site facilities as required by
the Owner and necessary to enable the CM and Design Engineer to perform their
respective duties and to accommodate any representatives of the Owner which the
Owner may choose to have present on the job, the description of which will be
finalized prior to the establishment of the GMP.
2.3.7 Weather Protection: The CM will ascertain what temporary enclosures of building
areas, if any, 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.
2.3.8 Market Analysis and Stimulation of Bidder Interest:
(1) The purpose of this subsection is to insure that the CM makes a genuine
effort to stimulate interest in the project and maximize participation of
potential qualified Subcontractors in the bidding process. The CM will
monitor conditions in the construction market to identify factors that will or
may affect costs and time for completing the project; he will make analysis
as necessary to (i) determine and report on availability of labor, materials,
equipment, potential bidders, and possible impact of any shortages or
surpluses of labor or material, and (ii) in light of such determination, make
recommendations and take action as may be appropriate with respect to long
lead procurement, separation of construction into bid packages, sequencing
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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 schedule time.
(2) Within 30 days after the Effective Date, the CM will submit a written
Construction Market Analysis and Prospective Bidders Report identifying
potential bidders. As various bid packages are prepared for bidding, the
CM will submit to the Owner and Design Engineer, a list of potential
bidders. The CM will be responsible to stimulate bidder interest in the local
market place and identify and encourage bidding competition.
(3) The CM will carry out an active program of stimulating interest of qualified
Contractors, in bidding on the work and of familiarizing those bidders with
the requirements of this project.
2.4 Construction Phase.
2.4.1 CM's Staff: The CM will maintain sufficient off-site support staff, and competent
full time staff at the Project site authorized to act on behalf of the CM to coordinate,
inspect, and provide general direction of the work and progress of the Subontractors
and he will provide no less than those personnel during the respective phases of
construction as set forth in Exhibit B. The CM will not change any of those persons
named unless mutually agreed to by the Owner and CM. In such case, the Owner
will have the right of approval of the qualifications of replacement personnel.
2.4.2 Lines of Authority: The CM will establish and maintain lines of authority for its
personnel, and will provide this definition to the Owner and all other affected
parties, such as the code inspectors of the Permitting Authority, the Subcontractors,
and the Design Engineer to provide general direction of the work and progress of
the various phases and Subcontractors. The Owner and Design Engineer may attend
meetings between the CM and his subcontractors; however, such attendance is
optional and will not diminish either the authority or responsibility of the CM to
administer the subcontract(s).
2.4.3 Schedule and Policy and Procedure Manual Provision-Construction Phase:
The CM will provide the Owner, its representatives and the Design Engineer with
copies of the Policy and Procedure Manual (total number of copies not to exceed
6) 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 CM will also continue to provide
current scheduling information and provide direction and coordination regarding
milestones, beginning and finishing dates, responsibilities for performance and the
relationships of the CM's work to the work of his Subcontractors and suppliers to
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enable them to perform their respective tasks so that the development of
construction progresses in a smooth and efficient manner in conformance with the
overall project schedule. The schedule will 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. The CM will advise the Owner, its representatives and the Design
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. The CM will hold jobsite meetings at least once each month with the
Construction Team and at least once each week with the Subcontractors and the
Design 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.
2.4.4 Solicitation, Review, and Award of Bids:
(1) The CM will ensure that all contracts awarded for materials and supplies
include language notifying subcontractors and suppliers of the Owner’s
right to directly purchase materials or supplies pursuant to the direct
purchase provisions of this Contract. The CM will ensure that all bids for
materials and supplies extend to the Owner the right to directly purchase the
materials and supplies bid at the prices quoted, less sales tax.
(2) The CM will prepare invitations for bids for all procurement of long lead
items, materials, and services, for Subcontractor contracts and for site
utilities. The Owner will have the right to review invitation for bids and bid
packages prior to distribution to bidders.
(3) As part of such preparation, the CM will review the specifications and
drawings prepared by the Design 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 CM will be
brought to the attention of the Owner and Design Engineer in written form.
(4) The CM will establish a pre-qualification procedure for applicable
subcontract trades, and will obtain a minimum of three bids (unless prior
approval is obtained from the Owner) from Subcontractors found to be
qualified to bid for each bid package.
(5) For each separate construction contract, the CM will, unless waived by
Owner, conduct a pre-bid conference with prospective bidders. The Design
Engineer and Owner will be invited. In the event questions are raised which
require an interpretation of the bidding documents or otherwise indicate a
need for clarification or correction of the invitation, the CM will transmit
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these to the Design Engineer and upon receiving clarification or correction
in writing will prepare an addendum to the bidding document, and issue
same to all of the prospective bidders.
(6) The CM will publicly advertise all subcontracted work in accordance with
The City of Daytona Beach purchasing ordinance and will receive all bids
at the pre-noticed time and place. The CM will open and review all sealed
bids at the pre-noticed time and place, and in the presence of the Owner.
The CM will provide the Owner with a copy of its preliminary bid tabulation
and a copy of all bids
(7) The CM will enter into contract with those lowest responsive bidders
previously determined to be qualified by the CM.
2.4.5 Bonds: In accordance with the RFP and the provisions of Section 255.05, Florida
Statutes, the CM will provide to the Owner, on forms approved by the Owner, a
100% Performance Bond, and a 100% Labor and Material Payment Bond, each in
an amount not less than the total Guaranteed Maximum Price. .
If the CM or any of its Subcontractors elect to use payment and performance bonds
for required Performance Security, the CM or Subcontractor will use forms
provided by the City. Completed bonds must be originals, not copies, with raised
corporate seals included where applicable. The bonds must be accompanied by
sufficient evidence of the authority of the issuing agent, including a certified copy
of the power of attorney of the person signing the bond on the surety’s behalf.
The surety company executing the bonds must be must be rated “A-” Class X or
better by A.M. Best Key Rating Guide, authorized to do business in the State of
Florida, and must be listed by the United States Treasury Department Treasury
Fiscal Service, Bureau of Government Financial Operations, Federal Register, Part
V, latest revision, entitled: “Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies,”
as being approved for writing bonds for federal projects on its current list in an
amount not less than the required bond amount.
2.4.6 Quality Control: The CM will develop and maintain a program, acceptable to the
Owner and Design Engineer, to assure quality control of the construction. The CM
will be responsible for and 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 will 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 a disagreement occur between
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the CM and the Design Engineer over the acceptability of the work, the Owner, at
its sole discretion, will have the right to determine the acceptability.
2.4.7 Subcontractors: The CM will solely control the Subcontractors. The CM will
negotiate all change orders, field orders and request for proposals, with all affected
Subcontractors and will review the costs of those proposals and advise the Owner
and Design Engineer of their validity and reasonableness, acting in the Owner's best
interest, prior to requesting approval of each change order from the Owner. Before
any work is begun on any change order, a written authorization from the Owner
must be issued. However, when there is an eminent threat to health and safety, and
Owner's concurrence is impractical, the CM will act immediately to remove the
threats to health and safety and will subsequently fully inform Owner of all such
action taken. The CM will also carefully review and mark as approved all shop
drawings and then forward the same to the Design Engineer for review and actions.
The Design Engineer will transmit them back to the CM who will then issue the
shop drawings to the affected Subcontractor for fabrication and revision. The CM
will maintain a suspense control system to promote expeditious handling. The CM
will request the Design Engineer to make interpretations of the drawings or
specifications requested of him by the Subcontractors. The CM will tell the Design
Engineer which shop drawings or requests for clarification have the greatest
urgency and need to be responded to first, the purpose being to enable the Design
Engineer to prioritize requests coming from the CM. CM will provide adequate
time within their schedule for review of shop drawings and clarification requests
but in no case will it be less than 14 calendar days for shop drawings and 7 calendar
days for clarification requests. The CM will advise the Owner and Design Engineer
when timely response is not occurring on any of the above.
2.4.8 Permits: The CM will secure all necessary building permits from the Permitting
Authorities and all necessary utility connection permits, the cost of which will be
considered a Cost of the Work item and will be considered a reimbursable cost item
as outlined in Article 9. The Owner will fully cooperate with the CM where
necessary.
2.4.9 Job Site Requirements:
(1) The CM will provide for each of the following activities as a part of his
General Conditions, Services, and Fee:
(a) Maintain a log of daily activities, including manpower records,
weather, delays, major decisions, etc.
(b) Maintain a roster of companies on the project with names and
telephone numbers of key personnel.
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(c) Establish and enforce job rules governing parking, clean-up, use of
facilities and worker discipline.
(d) Provide labor relations management for a harmonious, productive
project.
(e) Provide and administer 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.
(f) Provide and administer a quality control program as stated under
Article 2.4.6 hereinabove.
(g) Provide miscellaneous office supplies that support the construction
efforts which are consumed by its own forces.
(h) Provide for travel to and from its home office to the project site and
Daytona Beach as the project requires.
(2) The CM will provide personnel and equipment or will arrange for separate
Subcontractors to provide each of the following as a Cost of the Work item,
or in the event the Owner provides such services, the CM will be responsible
for coordinating:
(a) Services of independent testing laboratories.
(b) Printing and distribution of all required bidding documents and shop
drawings, including the sets required by the Permitting Authority's
inspectors.
(c) The Owner may require Threshold Inspections by an independent
CM at pertinent stages throughout the construction project. The
Threshold Inspector will advise the CM, the Owner, and the Design
Engineer of the required inspection incidents. The CM will provide
the Threshold Inspector with sufficient notice to enable the
inspections to take place at the appropriate times.
2.4.10 Project Management Information System (PMIS).
.1 General:
(1) Commencing immediately after contract award, the Contractor shall
implement and shall utilize throughout the life of this Contract all
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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 Owner and the Architect monthly and shall accompany
each pay request.
(3) If requested by the Owner, the Contractor shall conduct a comprehensive
workshop in Daytona Beach, Florida, for participants designated by the
Owner and additional seminars as required to provide instruction. This
workshop and the seminars shall facilitate each participant's and the
Owner's representatives' use and understanding of PMIS.
(4) The PMIS shall be described in terms of the following major subsystems:
(a) Narrative Reporting;
(b) Schedule Control;
(c) Cost Control and Estimating;
(d) Project Accounting;
(e) Accounting and Payment;
(f) Action Reports.
The above reports shall be submitted at least on a monthly basis.
.2 Narrative Reporting Subsystem.
(1) The Contractor shall prepare written reports as described hereunder. All
reports shall be in8–1/2" x 11" format.
(2) The Narrative Reporting Subsystem shall include the following reports:
(a) A Monthly Executive Summary which provides an overview of
current issues and pending decisions, future developments and
expected achievements, and any problems or delays, including code
violations found by the Permitting Authority.
(b) A Monthly Cost Narrative describing the current construction cost
estimate status of the Project.
(c) A Monthly Scheduling Narrative summarizing the current status of
the overall project schedule. This report shall include an analysis of
the various project schedules, a description of the critical path, and
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other analyses as necessary to compare planned performance with
actual performance.
(d) A Monthly Accounting Narrative describing the current cost and
payment status of the entire project. This report shall relate current
encumbrances and expenditures to the budget allocations.
(e) A Monthly Construction Progress Report during the construction
phase summarizing the work of the various subcontractors. This
report shall include information from the weekly job site meetings
as applicable such as general conditions, long lead supplies, current
deliveries, safety and labor relations programs permits, construction
problems and recommendations, and plans for the succeeding
month.
(f) MBE and WBE status report.
(g) A Daily Construction Diary during the construction phase describing
events and conditions on site.
(h) A quarterly report summarizing direct purchases and associated
sales tax savings
(3) The Reports outlined in subsection (2) (a) through (h) above shall be bound
with applicable computer reports and submitted monthly during design and
construction phases and shall be current through the end of the preceding
month. Copies shall be transmitted to the Owner and the Architect. A
bound copy, of the complete diary shall be submitted to the Owner at the
conclusion of the project.
.3 Scheduled Control Subsystem.
(1) Master Project Schedule: Immediately upon execution of this Contract, the
Contractor shall submit a master project schedule covering the pre-
construction, construction, and Owner occupancy of the Project. The
master project schedule shall be produced and updated monthly throughout
the project.
(2) Construction Schedule: Within thirty (30) days after the date of the Owner’s
issuance of Notice to Proceed for the construction phase, the Contractor
shall prepare and submit to the Owner 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 Contractor proposes for each activity to occur and
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duration (dates of commencement and completion, respectively) of each
activity. Form of the construction schedule shall be Primavera, and will be
acceptable to the Owner if used by the Contractor; provided, however, that
the Owner shall determine whether the construction schedule developed and
submitted by the Contractor meets the requirements stated above; and such
determination shall be binding on the Contractor. Failure of the Contractor
to develop and submit a construction schedule as aforesaid shall be
sufficient grounds for the Owner to find the Contractor in substantial default
and that sufficient cause exists to terminate the contract or to withhold any
payment.
Following development and submittal of the construction schedule, the
Contractor shall, at the end of each calendar month or at such earlier
intervals as circumstances may require, update and/or revise the
construction schedule which shall be submitted to the Owner in duplicate.
Failure of the Contractor to update, revise, and submit the construction
schedule shall be sufficient grounds for the Owner to find the Contractor in
substantial default and that sufficient cause exists to terminate the Contract
or to withhold payment to the Contractor until a schedule or schedule update
acceptable to the Owner is submitted.
(3) The Contractor shall prepare and incorporate into the schedule database, at
the required intervals, the following schedules:
(a) Pre-Bid Schedules (Subnetworks): The Contractor 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 subcontract, the Contractor shall jointly with the
subcontractor, develop a schedule which is more detailed than the
pre-bid schedule included in the bid packages, 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, shop drawing schedules and mater
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(c) Occupancy Schedule: The Contractor shall jointly develop with the
Architect and Owner 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 agency occupancy. The Occupancy Schedule
shall be produced and updated monthly from its inception through
final Owner occupancy.
.4 Cost Control Subsystem: The operation of this subsystem shall provide sufficient
timely cost data and detail to permit the Contractor 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 construction budget.
Requirements of this subsystem include submissions at the following phases of the
project:
(1) At establishment of the Guaranteed Maximum Price.
(2) Pre-Construction Progress Estimates.
.5 Project Accounting Subsystem: This subsystem shall enable the Contractor to plan
effectively and the Owner 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, and also enable the Owner to stay informed. This subsystem will be
produced and updated monthly and includes the following reports:
(1) Costs Status Report representing 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.
(2) A Payment Status Report showing the value in place (both current and
cumulative), the amount invoiced (both current and cumulative), and the
balance remaining. A summary of this report shall accompany each pay
request.
(3) 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
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approved dates, and the proposed and approved dollar amounts. It shall also
show all pending or rejected change orders.
(4) 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.
(5) Payments to MBE vendors.
2.4.11: Reserved
2.4.12 Job Site Administration: The CM will provide job site administrative functions
during construction as part of his Construction Phase fee, to assure proper
documentation, including but not limited to the following:
(1) Job Meetings: Hold weekly progress and coordination meetings to provide
for an easy flowing and timely completed project. Develop a Substantial
Completion punch list of all known items of deficiency from which the
Owner and Design Engineer will either add to or amend during Substantial
Completion inspection. Implement procedures and assure timely
submittals, expedite processing approvals and return of shop drawings,
samples, etc. Coordinate and expedite critical ordering and delivery of
materials, work sequences, inspection and testing, labor allocation, etc.
Review and coordinate each Subcontractor's work. Review and implement
revisions to the Schedule. Monitor and promote safety requirements. In
addition, a regular monthly project status meeting will be held between the
Design Engineer, Owner, and CM.
Use the job site meetings 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.
(2) Shop Drawing Submittals/Approvals: Provide staff to check shop drawings
and to implement procedures for submittal and transmittal to the Design
Engineer of such drawings for action, and closely monitor their submittal
and approval process.
(3) Material and Equipment Expediting: Provide staff to closely monitor
material and equipment deliveries, critically important checking and
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follow-up procedures on supplier commitments of all Subcontractors and
maintain a material and equipment expediting log.
(4) Payments to Subcontractors: Develop and implement a procedure for
review, processing, and payment of applications by Subcontractors for
progress and final payments.
(5) Document Interpretation: Refer all questions for interpretation of the
documents prepared by the Design Engineer to the Design Engineer in
written form as a Request for Information (RFI).
(6) Reports and Project Site Documents: Record the progress of the project.
Submit written progress reports to the Owner and the Design Engineer,
including information on Subcontractors' work, and the percentage of
completion. Keep a daily log available to the Owner, the Design Engineer,
and the Permitting Authority inspectors.
(7) Subcontractors Progress: Prepare periodic punch lists for Subcontractor's
work including unsatisfactory or incomplete items and schedules for their
completion.
(8) Substantial Completion: Ascertain when the work or designated portions
thereof are ready for the Design Engineer's substantial completion
inspection. Develop a list of incomplete or unsatisfactory items; prepare a
schedule for their completion indicating completion dates for the Owner's
review. If the CM wishes the Design Engineer to conduct a pre-substantial
completion inspection in conjunction with the CM's own forces, the Design
Engineer will prepare the pre-substantial punch list from which the CM will
develop a completion schedule. The Design Engineer will issue a certificate
of substantial completion when work on the Design Engineer's pre-
substantial punch list has been accomplished.
(9) Final Completion: Monitor the Subcontractor's performance on the
completion of the project and provide notice to the Owner and Design
Engineer that the work is ready for final inspection. Secure and transmit to
the Owner, through the Design Engineer, all required guarantees, affidavits,
releases, bonds and waivers, manuals, record drawings, and maintenance
books including the Final Completion form. Warranties called for by this
Contract or by the Drawings and Specifications will commence on the Date
of Final Completion of the project.
(10) Start-up: Direct the check-out of utilities, operations, systems and
equipment for readiness and assist in their initial start-up and testing by the
Subcontractors with the Owner's personnel.
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(11) Record Drawings: The CM will monitor the progress of his own forces or
his Subcontractors on marked up field prints which at project completion
will be sent to the Design Engineer and Owner. Prior to final closeout of
the construction project, the CM will supply to the Design Engineer a set of
marked-up record drawings in mylar and electronic format showing all
deviations from the Design Engineer’s drawings for review and submittal
to the Owner. a set of Record Drawings.
2.4.13 Administrative Records: The CM will maintain at the job site, originals or copies
of, 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
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Purchase Orders/Owner Direct Purchases
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
Daily Logs
Bid/Award Information
Bid Analysis and Negotiations
Punch Lists
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PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding Requirements
Policy and Procedure Manual
The project records will be available at all times to the Owner and Design Engineer
for reference or review.
2.4.14 Owner Startup and Operations: The CM will provide services during the pre-
construction and construction phases, which will provide a smooth, successful, and
timely startup and Owner operation of the project. The CM will provide
consultation and project management to facilitate Owner operation and provide
transitional services to get the work, as completed by the CM "on line" in such
conditions as will satisfy Owner operations requirements.
The CM will conduct the preliminary punch list inspection with the Owner and
Design Engineer and will coordinate the completion of all punch list work to be
done with the Owner operation requirements in mind. The Owner and/or Design
Engineer may also prepare a punch list which will also be timely completed by the
CM.
The CM will catalog operational and maintenance requirements of equipment to be
operated by maintenance personnel and convey these to the Owner in such a manner
as to promote their usability. The CM will provide operations training in equipment
use for facility operators.
The CM will secure required guarantees and warranties, assemble and deliver same
to the Owner in a manner that will facilitate their maximum enforcement and assure
their meaningful implementation.
The CM will continuously review "As-Built" Drawings and mark up progress prints
to provide as much accuracy as possible.
2.4.15 Title and Risk of Loss of Materials and Equipment: Title to materials and
equipment delivered to the work site or stored offsite will not be deemed to pass to
the Owner until the Owner accepts title by paying for same. The Owner will be
entitled but is not required to request title documentation. Risk of loss will not pass
to the Owner until title passes.
2.4.16 Warranty: The CM warrants that all labor and materials conform to the plans and
specifications and that all work has been performed in a competent and
workmanlike manner and consistent with good building practices. The CM further
warrants that all materials and equipment are new and of good quality and free from
defects. With respect to the same work, the CM further agrees to correct all work
found by the Owner to be defective in material and workmanship or not in
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conformance with the Drawings and Specifications for a period of one year from
the Date of Final 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 CM will collect and deliver to the Owner any specific written
warranties given by others as required by the Contract Documents. Also, the CM
will conduct, jointly with the Owner and the Design Engineer, a warranty
inspection ten months after the date of Substantial Completion.
Except for the warranties stated in this section 2.4.16, CM makes no other
warranties expressed or implied and ANY IMPLIED OR STATUTORY
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR
MERCHANTABILITY ARE EXPRESSLY DISCLAIMED.
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ARTICLE 3
OWNER'S RESPONSIBILITIES
3.1 Owner's Information. Upon request, the Owner will provide information regarding his
requirements for the project to the CM.
3.2 Owner's Representative. The Owner will designate a representative who will be fully
acquainted with the project and will define the lines of Owner authority to approve Project
Construction Budgets, and changes in Project. He will render decisions promptly and
furnish information expeditiously. The Owner will inform the CM if a change is made in
the Owner’s Representative. The Owner's Representative will be Carollo Engineers, Inc.,
(Design Engineer)
3.3 Design Engineer’s Agreement. The Design Engineer's services, duties and
responsibilities are described in the Agreement between the Owner and the Design
Engineer, a copy of which will be furnished to the CM. The CM will be notified of any
written modification affecting the responsibilities of the Design Engineer on the job.
3.4 Site Survey and Reports. The Owner will provide to the CM and/or the Design Engineer
all surveys in his possession describing the physical characteristics, soil reports, subsurface
investigations, utility locations, easements and deed restrictions and legal descriptions.
3.5 Approvals and Easements. The Owner agrees to remedy any disputes relating to the
ownership and Owner’s use of the property which might arise during the course of
construction.
3.6 Drawings and Specifications. The CM will be furnished a reproducible set of all copies
of Drawings and Specifications reasonably necessary and ready for printing.
3.7 Cost of Surveys & Reports. The services, information, surveys and reports required by
paragraph 3.4 will be furnished with reasonable promptness in accordance with the
approved schedule at the Owner's expense.
3.8 Project Fault Defects. If the Owner becomes aware of any fault or defect in the Project
or non-conformance with the drawings and specifications, he will give prompt written
notice thereof to the CM and Design Engineer.
3.9 Funding. The Owner will furnish in accordance with the established schedule, reasonable
evidence satisfactory to the CM that sufficient funds will be available and committed for
the cost of each part of the Project. The CM will not commence any work, unless authorized
in writing by the Owner
3.10 Lines of Communication. The Owner and Design Engineer will communicate with the
Subcontractors or suppliers only through the CM. The Owner and Design Engineer will
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not attempt to direct the work of any Subcontractor or interfere with work of the CM or
any Subcontractor.
3.11 Lines of Authority. The Owner will establish and maintain lines of authority for his
personnel and will provide this definition to the CM and all other affected parties.
3.12 Permitting and Code Inspections. The CM recognizes and agrees to coordinate with the
Permitting Authorities and the Owner will assist in such coordination to the extent
practicable.
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ARTICLE 4
PERMITTING AND INSPECTION
Before Construction can begin, it will be necessary for the CM to obtain all required building
permits. In addition, construction may be inspected for code compliance by inspectors working
for the Permitting Authority. The building permitting and code inspection requirements will be as
described in Articles 4.1 through 4.2 hereinafter.
4.1 Building Permits. The CM will be required to provide to the Permitting Authority and
obtain approval from the Permitting Authority prior to beginning construction:
(1) Two sets of documents, signed, sealed, and dated by the Design Engineer, with all
addenda enclosed with each set. These documents may be sent to the Permitting
Authority prior to sending the Building Permit Application.
4.2 Code Inspections. All projects require detailed code compliance inspection during
construction in disciplines determined by the Permitting Authority. These disciplines
normally include, but are not necessarily limited to, structural, mechanical, electrical,
plumbing and general building.
The CM will notify the appropriate inspector(s), and the Design Engineer’s representative,
no less than 24 hours in advance that the work is ready for inspection and before the work
is covered up. Work not inspected and approved prior to cover-up will be uncovered for
inspection, if or when directed by the Permitting Authority, at the CM's sole expense.
The CM will have a written record of the CM's acceptance of periodic inspections made
by the CM's forces. The Design Engineer will also inspect such Work and sign off on a
form provided by the CM.
All inspections will be made for conformance with the applicable building codes.
Cost for all re-inspections of work found defective and subsequently repaired will be borne
by the CM.
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ARTICLE 5
SUBCONTRACTORS
5.1 No Privity Created. Nothing contained in this Contract or in any Contract Document
creates any contractual relation between the Owner or Design Engineer and any
Subcontractor.
5.2 Solicitation and Acceptance of Bids. The CM will comply with be responsible for
soliciting and accepting bids for Subcontractors in accordance with applicable provisions
of Section 2.4.
5.3 Required Subcontractors' Qualifications and Subcontract Conditions.
5.3.1 Subcontractual Relations: By an appropriate written agreement, the CM will
require each Subcontractor, to the extent of the work to be performed by the
Subcontractor, to be bound to the CM by the terms of the Contract Documents, and
to assume toward the CM all the obligations and responsibilities which the CM
assumes toward the Owner and the Design Engineer with respect to the Work to be
performed by the Subcontractor so that the subcontracting thereof will not prejudice
such rights. The CM will require each Subcontractor to enter into similar
agreements with his lower tier CMs.
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CM will 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. The CM will also identify to the Subcontractor any terms and conditions
of the proposed subcontract which may be at variance with the Contract
Documents. Each Subcontractor will similarly make copies of such Documents
available to his sub-Subcontractors.
5.3.2 Subcontractual Requirements:
(1) Bond Requirements - On all subcontracts where the bid exceeds $100,000,
the CM will require Subcontractors to provide a 100% performance bond
and a 100% labor and material payment bond from a surety company
authorized to do business in the State of Florida by the Department of
Insurance, or other acceptable security as specified in Florida Statutes §
255.05(7) may be provided upon the City’s prior written approval.
If the CM wishes to award subcontracts to CMs unable to supply this
bonding, he will request special written authorization from the Owner to do
so.
(2) Experience and Capacity - Subcontract bidders must submit a completed
experience questionnaire and financial statement on a form approved by the
CM to the CM. The Subcontractors' financial condition must demonstrate
that adequate fixed and liquid assets and equipment are available to properly
perform the subcontract. The Subcontractor must have successfully
completed no less than two projects of similar size and complexity within
the last 5 years.
(3) Workforce - The Subcontractor must agree to perform no less than 15% of
the project construction work utilizing its own employees.
(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, if requested by the
Project Manager, the Subcontractor will 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 will include a resume of experience for each employee
identified by him to supervise and schedule his work.
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(5) Required Subcontract Provisions - All subcontracts will 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 Owner or Design Engineer, or
attributable to the Owner or Design Engineer, including claims
based on breach of contract or negligence, will 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,
bond, and liability insurance costs.
The subcontract will require that the Subcontractor expressly agrees
that the foregoing constitute its 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.
(b) Filing Delay Claims: Each subcontract will require that any claims
by subcontractor for delay or additional cost must be submitted to
the CM within the time and in the manner in which the CM must
submit such claims to the Owner, and that failure to comply with the
conditions for giving notice and submitting claims will result in the
waiver of such claims.
(c) Privity and Control: The subcontract will be exclusively with the
CM and will contain the necessary provision to allow the CM to control the
performance of the work.
5.4 Responsibilities for Acts and Omissions. The CM will be responsible to the Owner for
the acts and omissions of his employees and agents and his subcontractors or their
sub-subcontractors, their agents and employees, and all other persons performing any of
the work or supplying materials under a contract to the CM.
5.5 Subcontracts to be Provided. The CM will include a copy of the subcontract, including
the general supplementary conditions, in the Policy and Procedure Manual.
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ARTICLE 6
SCHEDULE, TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
6.1 Established by GMP Amendment. The GMP Amendment will establish final
construction schedules, including deadlines for commencement, substantial completion,
and final completion. The CM agrees to complete the construction in accordance within
the agreed upon substantial completion date. The CM acknowledges that failure to
complete the project within the construction time set forth in the approved schedule will
result in substantial damages to the Owner. The CM will be assessed liquidated damages
in an amount that will be established by the GMP Amendment. The date of Substantial
Completion of the project or a designated portion thereof is the date when Certificate of
Occupancy is issued and construction is sufficiently complete in accordance with the
Drawings and Specifications so the Owner can occupy or utilize the project or designated
portions thereof for the use for which it is intended.
6.2 Bid Delays Caused by CM. Delays resulting from rebid caused by any negligent action
or omission by the CM will not be grounds for extension of the Substantial Completion
date.
6.3 Other Delays. Article 10 governs other delays that may be grounds for extension of one
or more of the construction deadlines provided for in the GMP Amendment.
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ARTICLE 7
GUARANTEED MAXIMUM PRICE
7.1 GMP Proposal. Within ____________ days after receipt of 100% design documents, the
CM will establish and submit in writing to the Owner for his approval, a Guaranteed
Maximum Price (GMP), guaranteeing the maximum price to the Owner, for the
construction cost of the project or designated part thereof. At the time of submission of
the GMP, the CM will verify the time schedule for activities and work which were adopted
by the Construction Team and used to determine the CM's cost of work. In addition to the
cost of work, a GMP will include an agreed-upon sum as the construction contingency
which is included for the purpose of defraying the expenses due to unforeseen
circumstances relating to construction.
7.1.1 Components of GMP Proposal: The GMP Proposal will include, include at a
minimum, a recital of the specific construction documents, including drawings,
specifications, and all addenda thereto, used in preparation of the Proposal, a draft of all
required schedules, including Schedule of Values and Progress Schedule, and a description
of all other inclusions to, exclusions from, and assumptions and clarifications regarding,
the GMP. The GMP will also include proposed CM’s Fees as described in Article 8, an
amount set aside for contingency, which may be used to for unforeseen contingencies
affecting the Cost of the Work as described in Article 9. For purposes of cost assumptions,
the CM will use those applicable taxes in the cost of the project which are legally enacted
at the time the GMP is established. Should any taxes be enacted after the GMP, then the
GMP will be increased by the same amount.
7.1.2 Construction Team to Work to Resolve Differences: If the GMP proposal is
unacceptable to the Owner, the Owner will promptly notify the CM in writing. Within
fourteen calendar days of such notification, the Owner, Design Engineer, and CM will meet
to discuss and resolve any differences, inconsistencies, or misunderstandings and to
negotiate recommended adjustments to the Work and/or to the GMP.
7.2 Review of GMP Proposal. The Owner may, at its sole discretion and based upon its sole
judgment, (i) accept or reject the GMP proposal, (ii) terminate the Project, or (iii) proceed
to construct the Project using a party or parties other than the CM.
7.2.1 Effects of Rejection: If the Owner rejects a GMP proposal, neither party will have
any further obligation pursuant to this Contract.
7.2.2 Acceptance of GMP: If the Owner accepts a GMP proposal, the Parties will
complete and execute the GMP Amendment and the Owner will issue a written Notice to
Proceed to the CM establishing the date construction is to commence (the “Commencement
Date”). The CM will not expend any monies on construction phase services prior to receipt
of such Notice to Proceed, without the written approval of the Owner.
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7.3 GMP and Contract Price. The total fee paid to CM for all construction phase work will
be (1) the sum of the agreed upon CM’s Fees (as described in Article 8), set forth in the
GMP, and (ii) the actual cost of all subcontracts, supply contracts, general conditions fee
and Direct Job Costs set forth in Article 9, or (2) the GMP, whichever is less when the
work is finally complete.
7.3.1 Adjustments to GMP: Once agreed to by the Parties in the form of a GMP
Amendment, the GMP will only be subject to modification for changes in the project
provided in Article 10. When the project is bid and 100% of the Subcontracts have been
executed, the contingency within the GMP will be decreased in proportion to the percent
of the work as it is completed. In other words, if 10% of the work has been completed and
all Subcontracts have been executed, and the Owner requests that the contingency within
the GMP be adjusted, then 10% of the contingency within the GMP will be removed from
the GMP by change order. At such time that the contingency equals 10% of its original
sum, no further funds will be deducted by change order until the project is 100% complete
and accepted.
7.4 Additional Conditions on Use of Contingency. The CM will be required to furnish
documentation evidencing expenditures charged to the contingency prior to the release of
funds by the Owner. Documentation for use of the contingency will be determined by the
Construction Team, included in the Policy and Procedure Manual, and displayed monthly
in the PMIS. If bids are received below the applicable line items in the GMP the surplus
will be added to the contingency, until or unless released pursuant to Section 7.3. If bids
are received above the applicable line item in the GMP the deficiency will be taken from
contingency; however, such events will not be cause to increase the GMP.
7.5 Bid Prices in Excess of Price Submitted. If any bid package consistent with the Outline
Specifications for which the lowest price submitted by a Subcontractor is in excess of the
amount allocated by the CM for such bid package, (unless Owner through Change Order
changes the Scope of Work and the Guaranteed Maximum Price), one of the following will
occur: (1) the price of the bid package will be negotiated, subject to Owner's approval, with
the lowest responsive bidder, or (2) re-bid to the end that such bid package becomes equal
to, or less than CM estimate for that package, or (3) at CM's option, the CM may perform
the work under a separate arrangement in order to protect the Guaranteed Maximum Price;
or (4) at the Owner's sole option to achieve such price equality, Owner may require Design
Engineer to make certain changes in the Drawings and Specifications as are necessary to
bring that particular package into line, consistent with Owner's program and the Project's
financial feasibility.
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ARTICLE 8
CM’S FEE
8.1 In consideration of the performance of the contract, the Owner agrees to pay the CM, as
compensation for his services, fees, as set forth in Subparagraphs 8.1.1, 8.1.2 and 8.1.3.
8.1.1 Pre-Construction Fee: For the performance of all work prior to the execution of the
GMP Amendment, including services specified in sub-paragraphs [TBD] and for profit and
overhead related to these services, Owner will pay CM a total fixed fee of
$___________________. This fee will be paid in ___________ equal installments of
$___________each. The first monthly payment will become due thirty days following the
issuance of the Notice-To-Proceed for the Pre-Construction Phase Services. The remaining
installments will be due within 30 days after CM submits a report required by Section 2.3.2;
provided, however that the final installment will not be due until 30 days after the submission
of the last report or submission of the proposed GMP, whichever is later..
The CM’s personnel to be assigned during this phase and their duties and responsibilities to this
project and the duration of their assignments are shown in Exhibit C.
8.1.2 Construction Phase General Conditions Fee: For the performance of the
services set forth in RFP for the Westside Regional Water Reclamation Facility
improvements a total fixed fee of $TBD, which is part of the GMP, will be paid to the
CM in the following manner:
(1) An initial payment of $TBD will become due and payable thirty (30)
days following written issuance of Notice to Proceed by the Owner.
(2) The balance of the general conditions, $TBD will be paid proportionally
to the ratio of the cost of work in place as defined in Section 8.1.3 and will be
invoiced and paid monthly to the CM.
If the design and construction is authorized only for a part of the project, the fee
paid will be proportionate to the amount of work authorized by the Owner.
(3) Costs and Expenses Included in General Conditions Fee: The following
are included in the General Conditions Fee:
(a) Salaries or other compensation of the CM’s employees at his
principal office and branch office related to the project.
The CM’s personnel to be assigned during the construction phase, their
duties and responsibilities to this project and the duration of their
assignments are shown on Exhibit D.
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(b) General operating expenses related to this project of the CM’s
principal and branch offices.
(c) The costs of all data processing and staff related to the project.
(d) Salaries or other compensation of the CM’s employees at the job
site. The CM’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
D.
(e) General operating expenses incurred in the management and
supervision of the project, except as expressly included in Article 9.
(f) Those services set forth in Article 2.4(9) (a).
(g) Job office supplies - includes paper, pencils, paper clips, file folders,
staples, etc., and janitorial supplies (photo copy or blue print paper not
included).
(h) Relocation expenses for CMs personnel.
(4) Adjustment in General Conditions Fee: For changes in the project as
provided in Article 10, the General Conditions Fee will be adjusted as follows:
(a) The CM will be paid for additional General Conditions costs as
provided below only if the CM is placed in charge of the reconstruction of
an insured or uninsured loss, excluding any condition that may have been
caused from acts of omission or commission or negligent acts by the CM,
subcontractors or others for whose acts the CM is responsible.
(b) Should the duration of the construction as specified in this contract
be extended beyond TBD months after the Notice to Proceed, after
approval of the GMP, receipt of final drawings and specifications, and
receipt of all necessary permits, whichever is later, due to no fault of the
CM, the CM's General Conditions costs will be increased by $TBD per
working day (working day will mean Monday through Friday, exclusive of
any legal holiday) for each day or portion thereof adjusted by executed
change orders. Up to $TBD per day will be limited to only >20
consecutive working days. Should Owner elect, with the CM's concurrence,
to reduce the on-site staff level, then the extended general conditions will
be re-negotiated to reduce the daily costs provided above.
8.1.3 Overhead and Profit Fee for Construction Phase: For overhead, profit, and
general expenses of any kind, except as may be expressly included in Article 9, for
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services provided during and related to the construction phase, the fee, to be fixed
by the GMP Amendment, will be paid proportionally to the ratio of the cost of the
work in place, including stored materials and less retainage, as it bears on the latest
estimate of the total construction cost or to the GMP or to the Owner's Construction
Budget, whichever is less. The balance of the fee will be paid when construction of
the project is finally completed, inspected, and approved by the Owner. If
construction is authorized only for a part of the project, the fee paid will be
proportionate to the amount of work authorized by the Owner. The CM's exclusive
remedy for any adjustments in the Overhead and Profit for construction phase is
provided in Subsections 8.1.2(4) and 8.1.3(2).
(1) The CM will not be due any additional Overhead and Profit Fee on increases
in the Guaranteed Maximum Price (GMP) that do not exceed $TBD. Should the
GMP be increased because of changes to the scope of the work by more than $TBD
under the terms of Article 10, due to no fault of the CM, the CM's additional
Overhead and Profit for the Construction Phase Fee will not exceed seven percent
(7%) of that portion of the cumulative increase in the GMP by more than $TBD.
The CM will not reduce the Overhead and Profit Fee for deductive changes in the
work such as value engineering, cost savings substitution, deductive alternatives,
or the like, that were generated through his efforts.
(2) CM's Exclusive Remedy - In the event the construction Substantial or Final
Completion date is extended, regardless of whether delay is caused by an act or
neglect of the Owner or the Design Engineer, or attributable to the Owner or the
Design Engineer, the CM’s sole and exclusive remedy is an extension of the
construction completion date and payment of additional General Conditions costs
and Overhead and Profit fees as outlined in Subsection 8.1.2(4).
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ARTICLE 9
COST OF THE PROJECT
9.1 General. The terms “Cost of the Project,” “Project Costs,” “Cost of the Work,” and “Direct
Job Costs,” are intended to be identical, and include and will mean expenses necessarily incurred
in the Project during the Construction Phase for Construction services and are paid by the CM,
which are not included in the Construction Phase Fee. The Owner agrees to pay the CM for the
Cost of the Project as described below. Such payment will be in addition to the CM's fees
stipulated in Article 8.
9.1.1 Direct Job Costs: The Direct Job Costs means the following when actually
incurred by the CM, subject to the limitations set forth in this Agreement:
(1) Wages paid for labor (as opposed to wages paid to management or
supervisory personnel) in the direct employ of the CM in the performance of his
work under Agreement, times a multiple of 1.5 to cover fringe benefits.
(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 CM or made by the CM 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, cost on such items used
but not consumed which may be turned over to the Owner at the end of the project
and cost less salvage value on such items used but not consumed which remain the
property of the CM. For those items to be turned over to the Owner at the end of
the project, Article 2 will apply.
(5) Rental charges on all necessary machinery and equipment, exclusive of hand
tools used at the site of the Project, whether rented from the CM or other, including
installation, repairs and replacements, dismantling, removal, costs of lubrication,
transportation and delivery costs thereof, which are used in the support of
subcontractor or the CM’s own forces in the performance of the work, at rental
charges consistent with those prevailing in the area.
(6) Cost of the premiums for all insurance and cost of premiums for all bonds
which the CM is required to procure by this Agreement specifically for the
construction project. This includes any subcontractor bonds the CM deems
appropriate.
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(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 CM 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 CM or his subcontractors or suppliers.
(9) Minor expenses at the site, such as 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) Reserved
(13) All costs directly incurred in the performance of the Project for the benefit of
the Project and not included in the CM’s fees as set forth in Article 8.
(14) If requested by the Owner, the CM will perform all or a portion of the General
Conditions for the cost of the work.
(15) If approved by the Owner, the CM, when qualified, may perform all or a
portion of the work for any items 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. Unless determined to be essential to maintain the schedule, the CM
must verify the economic benefit to the Owner by providing written quotes for the
work from at least two subcontractors.
(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
Owner, including temporary water, heat, power, sanitary facilities, telephones,
radios, and computers with software.
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(20) Costs for any jobsite items not referenced herein, not normally provided by
the subcontractors, which will be provided by the CM as required to complete the
work.
9.1.2 Limitation for Defective Work: No costs will be paid by the Owner to the CM
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 CM.
9.2 Owner’s Direct Purchase Option: The CM agrees to arrange for purchase of materials and
other items subject to the State sales tax through issuance of Owner purchase orders directly to the
supplier, to save, where practicable, the payment of sales taxes.
9.2.1 CM to Provide Owner Sufficient Information: To enable the Owner to realize
savings of Sales Tax on selected tangible personal property needed for this Project,
the Design Engineer or alternately, the CM will provide to the Owner a list of all
tangible personal property to be used in the Work, for selection as Direct Purchases.
The CM will evaluate the list to recommend which items the Owner should directly
purchase. The Owner will either accept or reject the CM’s recommendations and
purchases orders will be issued accordingly. If the Owner accepts the CM’s
recommendation to directly purchase specific tangible personal property, the
Owner will issue Purchase Order(s) directly to the supplier of the item or items to
be purchased as described below, accompanied by the Owner’s Certificate of
Exemption from payment of sales tax. If the Owner rejects the recommendation to
directly purchase specific tangible personal property, the procedures outlined in
paragraph 2.7.2 will apply.
9.2.2 CITY DIRECT PURCHASE POLICY
The CITY reserves the right to issue CITY Purchase Orders directly to suppliers of
materials to be incorporated into the Work of Project as described in the Contract,
in order to obtain the exemption from sales taxes available under Fla. Stat. §
212.08(6),, in accordance with the procedures listed below. For purposes of this
Policy, the term, “materials,” means all items of tangible personal property which
CITY may be eligible to directly purchase tax free in accordance with Fla. Stat. §
212.08(6), and implementing administrative regulations; and all other terms will
have the meaning provided or suggested in the Contract, where applicable.
1. The CM will provide to the CITY a list of all materials to be used in the Work,
including those items of material required to be used by the Architect/Engineer, and
will denote on that list any items that the CM deems suitable for CITY to purchase
directly. CM will also denote those items that are to CM’s knowledge likely to
have long lead times or that are available from only one or a severely limited
number of suppliers.
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2. The CITY may accept or reject the CM’s recommendations and will in CITY’s
discretion directly purchase those items that CITY deems suitable for direct
purchase. The CITY’s election to make direct purchases under this Policy will not
eliminate or affect the CM’s responsibilities under the Contract except as
specifically noted herein. Among other things, CM will remain responsible for
controlling the means and methods by which the Work is to proceed; working
diligently to complete the Work in accordance with applicable deadlines; and for
tracking ordering and delivery of materials so as to maintain the critical path.
Neither the procedures herein, nor the CITY’s election to directly purchase certain
materials, will alter or the applicability of the procedures and standards to be used
under the Contract for claims for delay or change orders.
3. The CM will require that all quotes for materials received by CM for tangible
personal property to be incorporated into the Project: (i) itemize sales tax as a
separate item; (ii) include language that the quotations are assignable to the CITY;
and (iii) include language stating that if assigned to CITY, no sales tax will be
charged upon provision of CITY’s sales tax exemption certificate. Nothing herein
will prohibit the CITY from requiring the supplier of materials to be directly
purchased by CITY, from requiring the supplier to issue a written quotation directly
to CITY, even where CM has provided CITY with an assignable quotation as
provided herein.
4. CITY will provide CM a list of items of tangible personal property to be
purchased directly by CITY. CM will remain responsible for directly purchasing
all items of such property that CITY does not elect to purchase directly.
5. For those items of tangible personal property that CITY elects to directly
purchase, CM will prepare City form Purchase Order Requisitions, consistent with
the quotes provided by the suppliers and this Policy.
6. CM will forward the completed Purchase Order Requisition to the City’s
Purchasing Agent, and provide a copy to the Project Manager.
7. The Purchasing Agent will issue a purchase order to the supplier based on the
information provided by the CM and the supplier’s written quotation. The
Purchasing Agent will provide a copy of the purchase order to the CM.
8. Upon receipt of the CITY’s purchase order, CM will issue a deductive contract
adjustment to the supplier that will account for the value of the material and the
sales tax as it pertains to that supplier’s contract [(?) with whom]. All sales tax
savings shall be credited to the CITY through a deductive change order under the
CITY’s contract with CM.
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9. CITY will acquire title to and assume responsibility for materials directly
purchased by CITY under this Policy, upon delivery to the job site.
10. Suppliers shall directly invoice the CITY. Invoices will be forwarded to the
CM for verification. Immediately as materials directly purchased by CITY are
delivered to the job site, the CM will review the condition of the materials delivered
for conformity with contract specifications and the supplier’s invoice for
conformity with this Policy, including confirmation that the invoice references
CITY’s purchase order and is billed to CITY, not CM. CM will promptly advise
the CITY of any deficiencies in the materials or invoice. The intent of this
requirement is to require CM to act diligently to allow CITY to meet its obligations
to the supplier under Florida’s Prompt Payment Act, Fla. Stat. § 218.70 et seq.
Nothing herein will prohibit the CM from having requiring a subcontractor of CM’s
conduct a similar review for CM’s benefit; however, CM will remain responsible
to CITY for promptly reviewing the materials and invoice in accordance with this
Section.
11. Upon being satisfied that directly purchased materials and the accompanying
invoice from the supplier are satisfactory, CITY will pay the supplier for the items
purchased. Under no circumstances will CM be responsible for paying the supplier.
The CITY will issue a check for the approved invoice amount and mail this check
directly to the supplier, accompanied by the Certificate of Entitlement. A copy of
the check will be forwarded to the CM so that CM can accurately track and
summarize all CITY Direct Purchase payments.
In the event the CITY does not timely execute the appropriate documents
submitted by the CM for direct purchase, the CM may, upon timely notice to the
CITY, order such materials irrespective of loss of sales tax savings. It is the intent
of these provisions to implement the cost savings afforded by the sales tax
exemption without delay of the Work and that the CM retain complete control of
the Project Schedule. While the CITY’S direct purchase of materials or supplies
shall not relieve the CM of responsibility to maintain and safeguard such materials
and supplies until they are incorporated into the Work and accepted by the CITY,
the CITY shall assume liability for the materials at the time they are delivered to
the jobsite. The CM shall not be entitled to a time extension in the event that delay
is occasioned by the CITY'S direct purchase of materials.
12. The CITY will bear the economic burden of obtaining insurance covering
damage or loss or will directly enjoy the economic benefit of the proceeds of any
such insurance. Nothing herein will prohibit the CITY from requiring CM to
supply additional coverage, such as through a builder’s risk policy or installation
floater, to insure materials directly purchased by CITY from damage and risk of
loss.
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13. The CITY does hereby defend, hold harmless, and indemnify the CM from any
and all liability for unpaid sales taxes which the CM may suffer as a result of claims,
demands, costs, interest, penalties or judgments against the CM made by or in favor
of the State of Florida on account of failure to pay Florida State Sales Taxes on
materials purchased by the CITY under this Policy The CITY agrees to defend
against any such claims or actions brought against the CM whether rightfully or
wrongfully brought or filed. The CM agrees that it will promptly notify the CITY
of any such claim, demand, or action. Furthermore, the CM expressly agrees that,
if and when requested by the CITY, it will enter into such amendments to this
Contract as the CITY, upon consultation with its legal counsel, may deem necessary
or useful to preserve or ensure its right under Florida law to the sales tax exemption
contemplated by this subsection. CITY’s obligation to indemnify and hold
harmless CM as provided herein is subject to limitations, including monetary
limitations, contained in Florida Statutes Section 768.28.
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ARTICLE 10
CHANGE IN THE PROJECT
10.1 Change Orders: The Owner, without invalidating this Contract, may order changes in the
Project within the general scope of this Contract consisting of additions, deletions, or other
revisions, with the GMP and Substantial or Final Completion deadlines being adjusted
accordingly. All changes in the Project not covered by the remaining unspent contingency
component of the GMP, if any, must be authorized by Change Order.
10.1.1 A Change Order is a written order to the CM signed by the Owner issued after
the execution of this Agreement, authorizing a change in the Project, the CM's
Fees, or the Substantial or Final Completion deadlines.
10.1.2 An increase or decrease in the GMP resulting from a change in the Project will
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 Design Engineer
and Owner;
(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.
10.1.3 If none of the methods set forth in Articles 10.1.2(1), (2), or (3) are agreed upon,
the CM, provided he receives a written order signed by the Owner, will promptly
proceed with the Work involved. The cost of such work will then be determined
on the basis of the reasonable expenditures and savings of those performing the
Work attributed to the change. However, in the event a Change Order is issued
under these conditions, the Owner through the Design Engineer will establish an
estimated cost of the work and the CM will not perform any work whose cost
exceeds that estimate without prior written approval by the Owner. In such case,
and also under Article 10.1.2 above, the CM will keep and present, in such form
as the Owner 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 the decrease in the Guaranteed Maximum Price to be allowed by
the CM to the Owner for any deletion or change which results in a net decrease
in cost will be the amount of the actual net decrease, including any savings in CM
bond and insurance premiums.
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10.1.4 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 Owner or CM, the applicable unit prices and
Guaranteed Maximum Price will be equitably adjusted.
10.1.5 The Guaranteed Maximum Price and the Construction Completion date will be
equitably adjusted by Change Order upon a request for Change Order in
accordance with Article 10.2 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 a variance with the conditions
indicated by the Drawings, Specifications, or Owner furnished information, or
should unknown physical conditions be encountered below the surface of the
ground, or should concealed 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.
10.1.6 (1) In the event the CM encounters on site material reasonably believed to be
hazardous, petroleum or petroleum related products, or other hazardous or
toxic substances, the CM will immediately stop Work in the area affected
and report the condition to the Owner and the Design Engineer in writing.
The work in the affected area will not be resumed except by written
agreement of the Owner and the CM if in fact the material or substance has
not been rendered harmless. The Work in the affected area will be resumed
when the site has been rendered harmless, by written agreement of the
Owner and CM, or in accordance with the final determination by the Design
Engineer.
(2) The CM will not be required under the terms of the Contract to perform
without its consent any Work relating to hazardous materials, petroleum or
petroleum related products, or other hazardous or toxic substances.
10.2 Claims for Additional Cost or Time. The CM will submit a change order for all claims
for additional cost or time.
If the CM is delayed at any time in the progress of the work by any act or negligence of the Owner
or the Design Engineer, or of any employee of either or by any separate CM employed by the
Owner or by any changes ordered in the work necessitated by labor disputes, fire, unavoidable
casualties or any causes beyond the CM's control or by delay authorized by the Owner pending
resolution of disputes, and such delay extends the completion date, the Substantial Completion
will be extended by Change Order for such reasonable time as the Owner may determine.
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Only delays which are determined to extend the critical path for the schedule for constructing the
project will result in a time extension.
10.3 Minor Changes in the Project.
The Design Engineer will have authority to order minor changes in the Project not involving a
change in cost or an extension of the Construction Completion Date and not inconsistent with the
intent of the Drawings and Specifications and the CM will abide by and perform such minor
changes. Such changes will be effected by written order. Documentation of changes will be
determined by the Construction Team, included in the Policy and Procedure Manual and displayed
monthly in the PMIS. Such changes will be approved by the Owner and Design Engineer.
10.4 Emergencies.
In any emergency affecting the safety of persons or property, the CM will act at his discretion, to
prevent threatened damage, injury or loss. Any increase in the Guarantee Maximum Price or
extension of time claimed by the CM on account of emergency work will be determined as
provided in this article.
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ARTICLE 11
DISCOUNTS AND PENALTIES
11.1 All discounts for prompt payment will accrue to the Owner to the extent the Cost of the
project is paid directly by the Owner, or from a fund made available by the Owner to the CM for
such payments. To the extent that the Cost of the Project is paid with funds of the CM, all cash
discounts will accrue to the CM. All trade discounts, rebates and refunds, and all returns from sale
of surplus materials and equipment, will be credited against any sums owed by the Owner to the
CM for Direct Job Costs. All penalties incurred due to fault of the CM for late payment of Direct
Job Costs will be paid by the CM.
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ARTICLE 12
PAYMENTS TO THE CM FOR CONSTRUCTION PHASE
12.1 Progress Payments for Construction Phase Services. The CM will submit no more than
once per month to the Owner a sworn statement, along with the cost reports required under Article
2.1.5, showing in detail all monies paid out, costs accumulated or costs incurred on account of
Direct Job Costs during the previous period and the amount of the CM's fees due. This data will
be attached to the partial pay request form. Payment by the Owner to the CM of the statement
amount will be made within 30 days after approval of the Design Engineer and submitted to the
Owner.
12.1.1 Retainage on Direct Job Costs: Any payments due for Direct Job Costs will be
subject to retainage. Ten percent retainage of such Costs will be held until the
contract is 50% complete; except when approved by the Owner certain suppliers
and subcontractors may be paid the entire amount due when such payment is
generally the practice of the industry. At the point when retainage held by the
Owner is equal to 5% of the Guaranteed Maximum Price, the Owner may elect to
limit retainage deductions to that necessary to maintain a retainage level of 5% of
the Guaranteed Maximum Price.
12.1.2 Retainage will not be withheld on fees or services set forth in Article 8, except that
retainage of 5% will be held on overhead and profit.
12.2 Final Payment. Final payment constituting the unpaid balance of the cost of the Project
and the CM's fee, will be due and payable within 45 days after the Project is delivered to the
Owner, all project costs have been verified to be reimbursable, and the facility is finished and
ready for beneficial occupancy, or when the Owner occupies the Project, whichever event first
occurs provided that the Project be then substantially completed and this agreement substantially
performed. However, if there should remain work to be completed, the CM and the Design
Engineer will list those items prior to receiving final payment and the Owner may retain a sum
equal to 200% of the estimated cost of completing any unfinished work and the applicable portion
of the CM's retainage, provided that said unfinished items are listed separately and the estimated
cost of completing any unfinished items are likewise listed separately. Thereafter, Owner will pay
to CM, monthly, the amount retained from each incomplete item after each of said items is
completed. The Owner has the right to audit the project. Such audit will not delay payment beyond
45 days after the project is delivered to the Owner.
12.3 Payments to Subcontractors. The CM will promptly, but not later than 10 days after
receipt of payment from the Owner, pay all the amount due subcontractors less a retainage of 10%
until the project is 50% complete; and, based on CM's evaluation of the subcontractor's acceptable
performance, the Owner may approve a reduction in retainage from 10% to 5% thereafter. If there
should remain items to be completed, the CM and Design Engineer will list those items required
for completion and the CM will require the retainage of a sum equal to 200% of the estimated cost
of completing any unfinished items, provided that said unfinished items are listed separately and
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the estimated cost of completing any unfinished items are likewise listed separately. Thereafter,
the CM will 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 will 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 Owner'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 Owner.
12.4 Delayed Payments by Owner. If the Owner should fail to pay the CM within 30 days
after the receipt of an approved payment request from the CM, then the CM may, upon seven
additional days written notice to the Owner and the Design Engineer stop the Project until payment
of the Amount owing has been received. In the event that there is a dispute in the amount of the
pay request, then only the disputed amount will be held until resolved and the undisputed amount
will be paid within the time limits as stated within this paragraph. If undisputed amounts are timely
paid, then the CM will not stop the Project in any fashion and the progress of the project will not
be interrupted. Both parties agree that best efforts be made to resolve the disputed amount.
12.5 Payment 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 Owner on each occasion).
12.6 Withholding Payments to Subcontractors. The CM will not withhold payments to
subcontractors if such payments have been made to the CM. Should the need, as solely determined
by the CM, to withhold payments to subcontractors occur for any reason, the CM will immediately
return such monies to the Owner, adjusting pay requests and project bookkeeping as required.
12.7 Compliance with Payment Procedures. CM’s application for and Owner’s review
and obligation to pay, progress and final payments, will also comply with any applicable policies
set forth in the Policies and Procedures Manual. At a minimum, the Manual will provide Owner
the right to inspect the Work, and to request consent from sureties, releases from subcontractors
and suppliers, and transfers of product warranties for completed work, prior to making payment.
Owner will not be deemed to breach Section 12.4 if Owner refuses to pay a requested payment in
accordance with City policies.
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ARTICLE 13
INSURANCE, INDEMNITY, AND WAIVER OF SUBROGATION
13.1 Indemnity. The CM will indemnify and hold harmless the Owner, the Design Engineer,
and the Owner’s and Design Engineer’s officers and employees, from all liabilities, damages,
losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by
the negligence, recklessness, or intentional wrongful misconduct of the CM and persons employed
or utilized by the CM in the performance of the construction contract.
13.1 CM’s Insurance.
13.2.1 Coverages Required: After the execution of the GMP Amendment and prior to
receiving a notice to proceed for construction phase services, the CM will
purchase, and maintain throughout the Construction Phase, the following types
and amounts of insurance, in form and companies satisfactory to the Owner:
(1) Workers’ Compensation Insurance: As required by Florida Statutes,
Chapter 440, Workers’ Compensation Insurance, for all employees of the
CM, employed at the site of the work or in any way connected with the
work, which is the subject of this service. The insurance required by this
provision will comply fully with the Florida Workers’ Compensation Law
and include Employers’ Liability Insurance with limits of not less than
$500,000 per occurrence. Any associated or subsidiary company involved
in the service must be named in the Workers’ Compensation coverage.
(2) Liability Insurance: Commercial General Liability Insurance, including
coverage for operations, independent CMs, products-completed operations,
broad form property damage, and personal injury on an “occurrence” basis
insuring the CM and any other interests, including but not limited to any
associated or subsidiary companies involved in the work.; and Automobile
Liability Insurance, which will insure claims for damages because of bodily
injury or death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle used by the CM at the
site of the project or in any way connected with the work which is the
subject of this agreement.
THE LIABILITY INSURANCE WILL NAME THE OWNER AS AN
ADDITIONAL INSURED.
The limit of liability will be a combined single limit for bodily injury and
property damage of no less than $1,000,000 per occurrence. If insurance is
provided with a general aggregate, then the aggregate will be in an amount
of no less than $1,000,000.
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(3) Builders’ Risk: On an “all risk” basis, including but limited to the
completed value basis on the insurable portion of the work for the benefit
of the Owner, the CM and Subcontractors as their interests may appear. The
Owner, the CM and any Subcontractor insured therein waive all rights
against each other for damages caused by fire and other perils to the extent
covered by the insurance obtained pursuant to this paragraph.
(4) Installation Floater: On an “all risk” basis, including but not limited to,
the perils of theft, vandalism and malicious mischief, on 100 percent of the
value of the contract or 100 percent on that portion of the Contract that
is insurable under an Installation Floater in a form satisfactory to the
Owner, and for the benefit of the Owner, the CM and Subcontractors as
their interests may appear. The Owner, the CM and any Subcontractor
insured therein waive all rights against each other for damage caused by fire
and other perils to the extent covered by the insurance obtained pursuant to
this paragraph.
13.2.2 Proof of Insurance: The CM will furnish proof of insurance acceptable to the
Owner prior to or at the time of execution of the agreement and the CM will not
commence work under this agreement until he has obtained all the insurance
required under this agreement and such insurance has been filed with and
approved by the Owner, nor will the CM allow any Subcontractor to commence
work on its subcontract until similar insurance required of the Subcontractor has
been so obtained and approved. The CM will furnish evidence of all required
insurance in the form of certificates of insurance which will clearly outline all
hazards covered as itemized above, the amounts of insurance applicable to each
hazard, the expiration dates, and will contain the following language as to
cancellation:
“In the event of cancellation of this policy by the insurer or any
insured, this Company will give not less than 30 days advance
written notice to:
Risk Manager
The City of Daytona Beach
P. O. Box 2451
Daytona Beach, FL 32115-2451”
If requested by the Owner, the CM will furnish copies of the insurance contracts
to support the certificates of insurance and the copies of said insurance must be
acceptable to the Owner.
13.2.3 Maintenance of Insurance: The CM will file replacement certificates 30 days
prior to expiration of termination of the required insurance occurring prior to the
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acceptance of the work by the Owner. In the event such insurance will lapse, the
Owner expressly reserves the right to renew the insurance at the CM’s expense.
The CM may not cancel the insurance required by this Contract until the work is
completed, accepted by the Owner and the CM has received written notification
from the Risk Management Division of the City of Daytona Beach that the CM may
cancel the insurance required by this agreement and the date upon which the
insurance may be cancelled. The Risk Management Division will provide such
written notification at the request of the CM if the request is made no earlier than
two weeks before the work is to be completed.
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ARTICLE 14
TERMINATION; OWNER'S RIGHT TO PERFORM CONSTRUCTION MANAGER’S
OBLIGATION
14.1 Termination by the CM. If the project is stopped for a period of 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 CM, or if the Project should be stopped for a period of 60 days by the CM for the Owner's
failure to make payments thereon, then the CM may, upon seven days’ written notice in advance
to the Owner, terminate the contract and request payment for all work executed and the CM's fees
earned to date and for any proven loss sustained, as of the date of termination, upon any materials,
equipment, tools, construction equipment, and machinery, including reasonable profit and
termination expenses incurred by the CM.
14.2 Owner's Right to Perform CM's Obligations and Termination by Owner for Cause.
14.2.1 If the CM fails to timely perform any of his obligations under this Contract
including any obligation the CM assumes to perform work with his own forces,
the Owner may, after seven days’ written notice during which period the CM fails
to perform such obligation, make good such deficiencies, and perform such
actions. The GMP, or the actual cost of the Project, whichever is less, will be
reduced by the cost to the Owner of making good such deficiencies and the
Construction Phase Fees and General Conditions Costs will be reduced by an
amount required to manage the making good of such deficiencies.
14.2.2 If the CM is adjudged bankrupt, or if he makes a general assignment for the
benefit of his creditors or if a receiver is appointed on account of his insolvency,
or if he refuses or fails, except in case for which extension of time is provided, to
supply enough properly skilled workmen or proper materials, or fails, without
being excused, to maintain an established schedule (failure to maintain schedule
will be defined as any activity on the critical path that falls 45 days or more behind
schedule) which has been adopted by the Construction Team, or if he fails to
make prompt payment to Subcontractors for materials or labor, or disregards
laws, rules, ordinances, regulations, or orders of any public authority having
jurisdiction, or otherwise is guilty of substantial violations of a provision of the
Agreement, then the Owner may, without prejudice to any other right or remedy,
and after giving the CM and his surety, if any, seven days’ written notice, during
which period CM fails to cure the violation, terminate the employment of the CM
and take possession of the site and of all materials, equipment, tools, construction
equipment and machinery thereon owned by the CM, and may finish the Project
by whatever method the Owner may deem expedient. In such case, the CM will
not be entitled to receive any further payment until the Project is finished nor will
he be relieved from his obligations assumed under Article 7. Reasonable
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termination expenses and costs incurred by the Owner may be deducted from any
payments left owing the CM.
14.3 Termination by Owner Without Cause.
14.3.1 If the Owner terminates this Agreement other than pursuant to Article 14.2.2, the
Owner will reimburse the CM 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 Construction Budget. The Owner will also pay to the CM fair
compensation, either by purchase or rental at the election of the Owner, for any
equipment retained by Owner. In case of such termination of Agreement the
Owner will further assume and become liable for obligations, commitments, and
unsettled contractual claims that the CM has previously undertaken or incurred
in good faith in connection with said Project to the extent same are accepted by
Owner. The CM will, 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 CM's contractual rights, as the Owner may require for the
purpose of fully vesting in Owner the rights and benefits of the CM under such
obligations or commitments.
14.3.2 After the establishment of the Guaranteed Maximum Price or at the completion of
the Pre-Construction Phase, if the final cost estimates or lack of funding make the
Project no longer feasible from the standpoint of the Owner, such that the Owner
declines to execute the GMP Amendment, the sole compensation due CM will be
the remaining unpaid portion, if any, of the Pre-Construction Phase fee.
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ARTICLE 15
ASSIGNMENT AND GOVERNING LAW
15.1 Limitations on Assignments. Neither the Owner nor the CM will assign their respective
interests in this Contract without the express written consent of the other except as to the
assignment of proceeds. The CM’s assigning or subletting this Agreement will not relieve the CM
or the CM’s surety from any contract obligations.
15.2 Governing Law/Venue. This Contract will be governed by the Laws of the State of Florida.
The venue for all civil actions against the City arising out of this Contract will be Volusia County,
Florida.
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ARTICLE 16
NOTICE OF CLAIM: WAIVER OF REMEDIES
16.1 Notice Required. Liability 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 Owner of the costs, damages, or losses because of changed
conditions under which the work is to be performed, or for additional work, will be governed by
the following provisions:
16.1.1 All claims must be submitted as a Request for Change Order in the manner as
provided herein;
16.1.2 The CM must submit a Notice of Claim to Owner and to the Design Engineer within
20 days of when the CM was or should have been aware of the occurrence of the
event giving arise to the claim; and
16.1.3 Within 20 days after submitting its Notice of Claim, the CM will submit to the
Owner its Request for Change Order, which will include a written statement of all
details of the claim, including a description of the work affected.
The CM agrees that the Owner will not be liable for any claim that the CM fails to properly submit
as a Request for Change Order as provided in this paragraph.
16.2 Deadline for Owner’s Response. Within 20 days after receipt of a Request for Change
Order, the Owner, in consultation with the Design Engineer, will deliver to the CM its written
response to the claim.
16.3 Owner’s Right to Have CM Proceed. In the event the Owner and CM are unable to agree on
the terms of a change order, the Owner will have the option to instruct the CM to proceed with the
work. In that event, the Owner will agree to pay for those parts of the work, the scope and price of
which are not in dispute. The balance of the disputed items in the order to proceed will be resolved
after completion of the work.
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ARTICLE 17
MISCELLANEOUS
17.1 Interest. ANY MONIES NOT PAID WHEN DUE IN ACCORDANCE WITH ARTICLE
12 TO EITHER PARTY UNDER THIS CONTRACT WILL BEAR INTEREST AT THE
STATUTORY RATE PER FLORIDA STATUTE 55.03(1).
17.2 Harmony. CM is advised and hereby agrees that the CM will exert every reasonable and
diligent effort to assure that all labor employed by CM and his Subcontractors for work on the
project will work in harmony with and be compatible with all other labor being used by building
and construction CMs now or hereafter on the site of the project.
CM further agrees that this provision will be included in all subcontracts of the Subcontractors as
well as the CM's own contract; provided, however, that this provision will 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.
17.3 Apprentices. If the CM employs apprentices on the project, the behavior of the CM will be
governed by the provision of Chapter 44, Florida Statutes, and by applicable standard 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 CM will include a provision
similar to the foregoing sentence in each subcontract.
17.4. Invoices Submitted Under Article 9. Invoices under Article 9.2 will be submitted in detail
sufficient for a proper pre-audit and post-audit thereof. Invoices for travel expenses under Article
9.2(16) will be submitted in accordance with procedures specified in Section 112.061 of the
Florida Statutes governing payments.
17.5. CM’s Project Records. The CM’s Project Records will be maintained as prescribed
hereinabove for the minimum period required by Federal Law, and will be made available to the
Owner or his authorized representative at mutually convenient times.
17.6. RFP Incorporated. Incorporated herein and expressly made a part of this agreement by
reference is the response to the Request for Proposals for Construction Management at Risk
services, RFP ># submitted by >, to The City of Daytona Beach, dated >, and the parties
acknowledge that the representations, warranties, and assurances continued therein by CM have
been expressly relied upon by the Owner in approving, entering into, and executing this
Agreement.
17.7 Reserved
17.8 Limitation on Waivers. Failure by either Party or both Parties to enforce any provision
of this Agreement will not be deemed a waiver of such provision or modification of this
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Agreement. A waiver of any breach of a provision of this Agreement will not be deemed a waiver
of any subsequent breach and will not be construed to be a modification of the terms of the
Agreement.
17.10 Miscellaneous.
17.10.1 The specification herein of any act, failure, refusal, omission, event,
occurrence or condition as constituting a material breach of this Agreement will not
imply that other non-specified acts, failures, refusals, omissions, events,
occurrences or conditions will be deemed not to constitute a material breach of this
Agreement.
17.10.2 Any paragraph and/or section headings used in the Contract Documents are
for convenience and ease of reference only, and do not define, limit, augment, or
describe the scope, content or intent of this Agreement.
17.10.3 If any provision or any part of a provision of the Contract Documents will
be finally determined to be superseded, invalid, illegal, or otherwise unenforceable
pursuant to any applicable Legal Requirements, such determination will not impair
or otherwise affect the validity or enforceability of the remaining provision or parts
of the provision of the Contract Documents, which will remain in full force and
effect as if the unenforceable provision or part were deleted.
17.10.4 In case of litigation arising out of this Agreement where the meaning of one
or more provisions is at issue, the City will not be penalized by virtue of its having
drafted this Agreement. The CM has carefully reviewed and had the opportunity
to seek advice of legal counsel prior to executing this Agreement.
17.10.5 All representations, indemnifications, warranties and guarantees made in,
required by or given in accordance with the Contract Documents, as well as all
continuing obligations indicated in the Contract Documents, will survive final
payment, completion and acceptance of the Work and termination or completion of
the Contract.
17.10.6 In performing the services provided for herein, the CM is an independent
CM and not an employee of the City.
17.10.7 The undersigned representative of the CM affirms that in executing this
Agreement on behalf of the CM, he or she is fully authorized to bind the CM to the
terms and conditions herein set forth.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year
first above written above.
THE CITY OF DAYTONA BEACH CONSTRUCTION MANAGER
By: By:
Derrick L. Henry, Mayor Title:
Attest: Attest:
Letitia LaMagna, City Clerk Corporate Secretary
APPROVED AS TO LEGAL FORM
By:
Robert Jagger, City Attorney
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EXHIBIT A: GENERAL CONDITIONS
SECTION 1. Execution, Correlation and Intent of Documents.
The Contract will be signed, in duplicate, by the Owner and CM.
The Contract Documents are complimentary, and what is called for by one will be as binding as if
called for by all. In case of conflict between plans and specifications, the specifications will
govern.
All references to the Contract, or to the Contract Documents, will be deemed to be to the Contract
including all referenced Exhibits, including this Exhibit.
In case of conflicts, the Contract will control over all Exhibits.
SECTION 2. Compliance with Law.
To the extent applicable, CM will comply with the Occupational Safety and Health
Administration's (OSHA) Excavation Safety Standard, 29 C.F.R.s 1926.650 Sub Part P, and
Chapter 90-96 Florida Statutes.
CM will comply with all other applicable requirements of federal, state and local law associated
with the prosecution of the Work. CM will also be responsible for obtaining, at CM’s costs, all
permits associated with the Work.
SECTION 3. Arrangement and Coordination.
CM will arrange the performance of the Work so as not to interfere with the Owner’s normal
operation. CM will meet with the Owner’s Contract Administrator on a regular basis at the project
site to review the prosecution of the Work. To the extent practical, CM will reasonably
accommodate the needs of City employees and agents to the extent that these employees and agents
need to work during CM’s prosecution of the Work.
SECTION 4. Public Safety.
CM will provide and maintain all necessary watchmen, barricades, red lights, or warning signs, as
commonly used in the industry, to protect endangering life and property during prosecution of the
Work, and will otherwise take all necessary precautions to avoid undue risk towards endangering
life and property. CM will make good any damage or loss to the Work, to Owner’s property, and
to other property, or due to bodily injury or death, resulting from lack of reasonable protective
precautions, except to the extent that such damage, injury, or loss is caused by employees or other
agents of the Owner.
SECTION 5. Inspection of Work.
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The Owner will provide personnel for required inspections of Work. The Owner will at all times
have access to the Work whenever it is in preparation or progress, and CM will provide proper
facilities for such access and for inspection.
The Owner may order re-inspection of any Work; and if so ordered, CM must uncover it.
SECTION 6. Suspension of Work.
The Owner may at any time suspend the Work, or any part thereof, by giving ten days' notice to
CM in writing. The Work will be resumed by CM within ten days after the date fixed in the written
notice from the Owner to CM to do so. The Owner will reimburse CM for expense incurred by
CM in connection with the work under this Contract as a result of such suspension.
SECTION 7. Owner's Right to Terminate Contract.
If CM is adjudged as bankrupt or makes a general assignment for the benefit of creditors, or if a
receiver is appointed on account of CM’s insolvency, or if CM persistently fails or refuses, except
in cases for which extensions of time are provided, to supply enough properly skilled workmen or
proper materials, or if CM fails to make prompt payment to subcontractors or for material or labor,
or persistently disregard applicable laws and regulations, including permit conditions, or is
otherwise be guilty of a substantial violation of any provision of the Agreement, then the Owner
may, without prejudice to any other right or remedy and after giving the CM seven days' written
notice, terminate the employment of CM and take possession of the project site and of all materials,
tools, and appliances thereon, and finish the Work by whatever method the Owner may deem
expedient. In such case, CM will not be entitled to receive any further payment until the Work is
finished. If the unpaid balance of the Contract Sum will exceed the expense of finishing the work,
including compensation for additional managerial and administrative services, such excess will be
paid to CM. If such expense will exceed such unpaid balance, CM will pay the difference to the
Owner.
The Owner’s termination of the Agreement will not affect or terminate any of the rights of the
Owner as against CM or CM’s surety, then existing or which may thereafter accrue because of
such default. Any retention or payment of monies by the Owner due CM under the terms of the
Contract will not release CM or his surety from liability for such default.
The Owner may terminate performance of Work in accordance with this clause in whole, or from
the time in part, whenever the Owner determines that such termination is in the best interest of the
Owner. Any such termination will be effected by the delivery to the CM of a Notice of
Termination specifying the extent to which performance of Work is terminated, and the date upon
which such termination becomes effective. Upon such termination for convenience, CM will be
entitled to payment, in accordance with the payment provisions, for services rendered up to the
termination date, and the Owner will have no other obligations to CM. CM will be obligated to
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continue performance of contract services, in accordance with this Agreement, until the
termination date and will have no further obligation to perform services after the termination date.
SECTION 8. CM's Right to Stop Work or Terminate Contract.
If the Work is stopped under an order of any court or other public authority, for a period of three
months or more, through no act or fault of the CM or of anyone employed by him, or if the Owner
fails to pay the CM an amount due under this Agreement within 30 days of the due date, CM may,
upon seven days’ written notice to the Owner, stop work or terminate this Agreement, and recover
from the Owner payment for all work executed, plus any loss sustained upon any plant or materials,
plus reasonable profit and damages.
SECTION 9. Use of Completed Portions.
The Owner may, at any time during progress of the work, after written notice to the CM, take over
and place in service any completed portions of the work which are ready for service, although the
entire work of the Contract is not fully completed, and notwithstanding the time for completion of
the entire work or such portions which may not be expired. In such case, the Owner will issue
certificates of acceptance for such portions of the Work, but such taking possession thereof will
not be deemed an acceptance of any other portions of the work, nor of any uncompleted portions,
nor of any Work not completed in accordance with the Contract Documents.
SECTION 10. Rights of Various Interests.
Wherever work being done by the Owner's forces or by other CMs is contiguous to Work covered
by this Agreement, the respective rights of the various interests involved will be established by the
Owner to secure the completion of the various portions of the work in general harmony.
SECTION 11. Cleaning Up.
CM will remove at CM’s own expense from the Owner's property and from all public and private
property, all temporary structures, rubbish and waste materials resulting from CM’s prosecution
of the Work.. This requirement will not apply to property used for permanent disposal of rubbish
or waste materials in accordance with Owner’s permission.
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EXHIBIT B
CONSTRUCTION MANAGER’S KEY PERSONNEL
OFF-SITE SUPPORT STAFF
Individual Title
ON-SITE SUPPORT STAFF
Individual Title
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EXHIBIT C
CONSTRUCTION MANAGER’S KEY PERSONNEL TO BE
ASSIGNED DURING PRE-CONSTRUCTION PHASE
Percentage
Duration Of Time
Individual Title In Months Available
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EXHIBIT D
CONSTRUCTION MANAGER’S KEY PERSONNEL TO BE
ASSIGNED DURING CONSTRUCTION OFF-SITE
Percentage
Duration Of Time
Individual Title In Months Available
CONSTRUCTION MANAGER’S KEY PERSONNEL TO BE
ASSIGNED DURING CONSTRUCTION ON-SITE
Percentage
Duration Of Time
Individual Title In Months Available
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Attachment D
Project Background Documents 1. Design Engineer Scope of Services
Task 1 – Project Management and Quality Control
Task 1.1 - Project Management: Provide the CITY with monthly progress reports that identify what work has been
performed during the month and an itemized listing of work that will be anticipated in the upcoming month. These
reports will be delivered as part of the monthly progress payment request. It is anticipated that a total of 25 monthly
reports will be performed over the duration of this scope of service.
Task 1.2 – Communication and Construction Management Plan
A project specific Communication and Construction Management Plan will be created for the project to establish project
protocols, communications, and procedures for the interface between CITY, CONSULTANT, and CMAR during
construction.
Task 1 Deliverables:
Communication and Construction Management Plan
25 Monthly Project Reports
Task 2 – Construction Engineering and Inspection Services
Task 2.1 – Documentation System Set-up
The CONSULTANT will initiate a documentation system using EADOC for this project. EADOC is a Cloud-Based
Construction Management Software manufactured by Bentley Systems, Inc. The CONSULTANT is licensed to utilize
this software without cost implication to the CITY or the CMAR. The system will be tailored to meet the needs of each
party and will be maintained by the CONSULTANT for the duration of the project. One training session will be held for
CITY and CMAR personnel. After the project is completed, the documentation system will be maintained for the
CMAR's twelve month warranty period from Substantial Completion then delivered to each party on indexed,
searchable USB drives.
Task 2.2 - Pre-Construction Conference
The CONSULTANT will schedule, coordinate, and conduct 1 preconstruction conference. An agenda will be prepared
by the CONSULTANT in advance to notify attendees of key items for discussion. The agenda will follow the CITY's
standard pre-construction conference procedures. Meeting notes will be prepared and distributed to attendees by the
CONSULTANT.
Task 2.3 - Videography of Existing Site Conditions
The CONSULTANT will prepare video and photographic records of the pre-construction site conditions. Video
documentation will be accompanied by a verbal description of existing conditions with reference to the scope of the
Project. A copy of the video and photographic documentation will be provided to the CITY for review and acceptance.
The video will be published on a DVD that will be searchable by location on the site with reference to process area.
Task 2.4 - Shop Drawings
CONSULTANT will receive shop drawings and construction submittals electronically (PDF, Word, Excel or other
appropriate electronic format) from the CMAR, maintain a submittal log (using EADOC), distribute final copies of shop
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drawings to the CITY. CONSULTANT will review shop drawings for general conformance with the design concepts
and the requirements of the conformed contract documents. Such review shall not relieve the CMAR from full
responsibility for performance of all work in accordance with the conformed contract documents, nor is such review a
guarantee that the CMAR’s work covered by the shop drawings and submittals is free of errors, inconsistencies, or
omissions. Such review or other action shall not extend to means, methods, sequences, techniques, or procedures of
construction selected by the CMAR, or to safety precautions and programs.
The CONSULTANT will review and return shop drawings within 14 calendar days of receipt of the shop drawings. For
budget purposes, CONSULTANT assumes that a maximum of 160 submittals will be processed by the
CONSULTANT’s Team for the entire project. This task is also to encompass the review of draft Operations &
Maintenance submittals. For budget purposes, it is assumed that the 160 submittals will be utilized to encompass if it is
the CMAR's first submittal or any subsequent re-submittals, with an allocation of 4 hours per submittal.
Following is the breakdown of the estimate of shop drawing submittals:
Division 1 - 10 Submittals
Division 2 - 10 Submittals
Division 3 - 30 Submittals
Division 4 - 2 Submittal
Division 5 - 10 Submittals
Division 7 - 4 Submittals
Division 8 - 4 Submittals
Division 9 - 5 Submittals
Division 11 - 15 Submittals
Division 13 - 5 Submittals
Division 15 - 20 Submittals
Division 16 - 30 Submittals
Division 17 - 15 Submittals
Task 2.5 - Requests for Information (RFI)
The CONSULTANT will review and respond to RFIs from the CMAR and/or the CITY. To support the preparation of
record documents, all changes to the construction documents must be traceable to a RFI or other written document
processed in association with the administration of the contract. The CONSULTANT assumes that any field changes or
revisions will be processed by the CMAR using RFI. CONSULTANT assumes that EADOC will be used to process and
maintain a log for all RFIs. For budget purposes, CONSULTANT assumes that a maximum of up to 150 RFIs will be
processed, with an allocation of 2 hours per RFI.
Task 2.6 - Review Requests for Proposed Changes (RPC)
The CONSULTANT will review Requests for Proposed Changes that arise during construction. The CONSULTANT
will maintain a RPC Log using EADOC. To support the preparation of record documents, all changes to the conformed
construction documents must be traceable to a RFI or other written document processed in association with the
administration of the contract. When an RFI is processed if it impacts schedule or cost, then an RPC will be issued to
track the associated changes with respect to schedule or cost. The RPC will reference the final pricing developed by the
CMAR in association with the GMP Proposal. The CONSULTANT will prepare independent cost estimates to negotiate
each RPC. The CONSULTANT will serve as the CITY's representative for the CITY's negotiation with the CMAR. It is
assumed that RPCs will be correlated to individual RFIs. A series of RPC's will be grouped into Change Orders (CO) for
processing. The CONSULTANT will prepare and process approved change orders and incorporates them into the
contract. The CONSULTANT will prepare a log for tracking all RPCs and Change Orders in EADOC. It is assumed that
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5 meetings will be held over the duration of the Project to negotiate RPCs. Since the objective of the meeting are final
RPCs used for processing a CO, the CONSULTANT assumes that meeting summaries will not be performed for this
task. For budget purposes, the CONSULTANT assumes that a maximum of 30 RPCs will be processed and 5 COs, with
4 hours per RPC and 2 hours per CO respectively.
Task 2.7 - Review Monthly Pay Applications
The CONSULTANT will review 22 monthly progress payment requests from the CMAR. The CONSULTANT will
review stored materials and walk the site with the CMAR in conjunction with the progress payment. The
CONSULTANT will interface with the CMAR for adjustments directed by the CITY in order to process the pay request.
The CONSULTANT will provide the CMAR with written comments on the CMAR's draft pay application.
Task 2.8 - Construction Progress Schedule
The construction contract documents will require the CMAR to prepare a Project Schedule utilizing the Critical Path
Method (CPM) and the latest version of Primavera P6 Professional. The CONSULTANT will review the CMAR’s
construction schedule, including monthly updates and revisions in association with Progress Payments. The
CONSULTANT's review will focus on key elements such as logic, duration of activities, duration of startup and testing,
and construction sequencing constraints and milestones. The CONSULTANT's review of the schedule shall not relieve
the CMAR's responsibility to construct the Project in conjunction with the schedule required by conformed documents.
In conjunction with processing monthly pay requests, the CONSULTANT will review the schedule and provide written
comments to the CMAR.
Task 2.9 - Davis-Bacon Prevailing Wage and American Iron and Steel (ASI) Compliance
The CONSULTANT will review the contractor and subcontractor certified payroll for compliance with Davis Bacon
prevailing wage requirements as required per the SRF Loan. This interview process is the field verification of the
prevailing wage requirements associated with the weekly certified payroll performed by the CMAR. The
CONSULTANT will evaluate stored materials in order to maintain compliance with the Buy American Steel and Iron
Provision that is required for the SRF Loan.
Task 2.10 - Resident Project Representative (RPR)
The CONSULTANT will provide full-time resident inspection services throughout the duration of the Project. It is
anticipated that there will be 1 full time Resident Project Representative (RPR) that will serve as the CONSULTANT's
field lead. The RPR will manage all activities of the CONSULTANT's field inspection personnel, and interaction with
the CITY, CONSULTANT's Team, and CMAR staff. The CONSULTANT will prepare daily inspection reports, and
summary weekly and monthly inspection reports to the City. The RPR will participate all monthly progress meetings.
The RPR will also do a cursory review of all shop drawings to ensure they conform to the requirements of the bid
documents before sending over to the respective Engineer or Record (EOR) for review. Similarly the RPR will also
review all RFIs and work with the EOR to prepare a timely response. RPR will also review monthly pay requests before
submitting to the City's Project Manager for approval.
Task 2.11 - Construction Inspection & EOR Site Visits
Construction is anticipated to take 22 months to Final Completion. The CONSULTANT will provide a part time Site
Civil/Structural/Mechanical/Electrical Inspector during 18 months of construction. It is assumed that part time clerical
staff will be utilized for document processing throughout the duration of the Project. The CONSULTANT's Engineer of
Record will also perform periodic site visits throughout construction to support the Inspectors. The CONSULTANT will
inspect the work for conformance with the conformed documents regarding Electrical and I&C equipment. Wiring will
be inspected for proper terminations and labeling. Installations will be monitored for compliance with NEC and other
applicable codes. A total of 12 site visits with 2 hours per visit have been budgeted for the CONSULTANT's EOR
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during the course of construction.
Task 2.12 - Monitor Contractor’s Compliance with Contract Documents
The CONSULTANT will review and monitor the CMAR’s work to maintain compliance with the contract documents.
The CONSULTANT will report any non-conformances and deficiencies to the CITY and the CMAR. The
CONSULTANT will work with the CMAR to address these deficiencies in a timely manner to the acceptance of the
CITY.
Task 2.13 - Monitor and Review Record Documents
The CONSULTANT will monitor and coordinate the CMAR’s recording and maintenance of changes to the construction
contract documents at a minimum of a monthly basis, or more frequently as required. At the 50%, 75%, and 90%
construction completion milestones, the CONSULTANT will perform a review of the CMAR’s working record documents
for general completeness and advise the CITY and CMAR of the status. The CONSULTANT will provide review of the
CMAR's working record documents in writing or by marking up the draft record documents and stored on EADOC.
Task 2.14 - Material Testing Evaluations
A third party material testing laboratory will be specified to be hired by the CMAR as part of the Project requirements.
The third party material testing laboratory will provide the results of the testing to the CITY and the CONSULTANT.
Additionally, as necessary the CITY will also have its testing laboratory (an outside company) perform a certain
percentage of the testing to verify/confirm the results of the laboratory hired by the CMAR. Testing results will be
monitored for compliance with the contract documents. The CONSULTANT will work with the CMAR to address
deficiencies in material testing in a timely manner to the acceptance of the CITY.
Task 2.15 - Monthly Construction Progress Meetings
The CONSULTANT will schedule, coordinate, and conduct 22 monthly progress meetings with the CITY and CMAR.
An agenda will be prepared by the CONSULTANT in advance to notify attendees of key items for discussion. The agenda
will be formatted in such manner that discussion items from the previous meeting will be rolled over from one month to
the next in succession. The meeting summaries and agendas will be stored on EADOC. The agenda will follow the CITY's
standard construction progress meeting process. Meeting notes will be prepared and distributed to attendees by the
CONSULTANT and saved on EADOC.
Task 2.16 - Conduct Substantial and Final Completion Inspections
The CONSULTANT will perform Substantial and Final Completion inspections. The CONSULTANT will prepare punch
lists to be completed by the CMAR to reach the Substantial Completion and Final Completion milestones. The
CONSULTANT will review the completed items to determine that they were addressed satisfactorily. The
CONSULTANT will assist the CITY in negotiation of unsettled changes or disputes associated with these inspections.
Task 2.17 - Record Documents
Following Final Completion, the CONSULTANT will utilize the CMAR's red-lined record documents to make the
revisions using AutoCAD 2010, or later version, in order to produce the final Record Documents. The CONSULTANT
will follow the CITY standards for preparing the Record Documents. The CONSULTANT will provide a submittal of
the draft Record Documents for review by the CITY. The CONSULTANT assumes that 1 review meeting will be held
with the CITY to review the draft Record Documents and draft O&M Manual. The CONSULTANT will sign and seal
the final Record Documents. The CONSULTANT will provide the CITY with 3 full sized copies of the final Record
Documents. The CONSULTANT will also provide the CITY a PDF copy and an AUTOCAD copy of the Record
Documents.
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Task 2.18 - Operations & Maintenance Manuals
Upon receipt of the accepted Operations & Maintenance (O&M) Manuals from the CMAR, the CONSULTANT will
prepare and update the existing WRWRF O&M Manual to incorporate the Project. The revised WRWRF O&M Manual
will be prepared in a searchable PDF format that can be indexed by major process area. The revised O&M Manual will
include reference to the Record Documents prepared by the CONSULTANT. The CONSULTANT will provide a
submittal of the draft Record Documents for review by the CITY. The customized O&M manual will include Standard
Operating Procedures (SOPs) for all major unit processes upgraded as part of this project. The SOP will include the
following:
a. Contractor and Manufacturer warranty information
b. An overview of the designed facility improvements, including a general process schematic.
c. Written description of the unit process including the basis of design, including physical characteristics
and operating parameters.
d. Define normal operation, maintenance and managerial staff responsibilities
e. Standard operating procedures and process controls for each major sub-system
f. Start-up and shutdown procedures; abnormal or emergency operating procedures; troubleshooting; and
process monitoring and sampling
g. Maintenance procedures, based on information presented in the manufacturer’s equipment manuals,
including preventive maintenance schedules recommended by the manufacturers. Maintenance
schedules shall include the maintenance task, frequency, recommended lubricants, and shall be cross-
referenced to the manufacturer’s manual for further detail.
h. List of recommended spare parts
i. Include manufacturer’s start-up reports, factory and field test results, as applicable
j. Permits
The CONSULTANT assumes that 1 review meeting will be held with the CITY to review the draft Record Documents
and draft O&M Manual. The CONSULTANT will provide the CITY with 3 hard copies of the final O&M Manual. The
CONSULTANT will provide the CITY copies of the O&M Manual in MS WORD and searchable PDF format.
Task 2.19 - FDEP Notice of Completion of Construction
Upon Issuance of Final Completion, the FDEP requires that FDEP Form 62-620.910(12) is submitted for Notification of
Construction Completion. This form is to document any differences from the original permit materials processed by
FDEP for the Project and the constructed condition. The CONSULTANT will complete this form and provide the
associated materials to document any deviations from the permit documents. FDEP requires that Form 62-620.910(13)
is completed for the Notification of the Availability of O&M Manuals and Record Documents. The CONSULTANT
will complete this form once the Final O&M Manuals and Record Documents are accepted by the CITY.
Task 2 Deliverables:
Preconstruction Conference Agenda and Summary
Existing Site Conditions Video
Review 160 Construction and O&M Submittals
Responses to up to 150 RFI
Review and Negotiation of up to 30 RPC and processing of up to 5 CO
Review 22 monthly progress payments and schedule updates
Substantial and Final Completion Punchlists
3 sets of full-sized hard copies and electronic copy of Record Documents
3 sets of hard copies and electronic copies of Operations & Maintenance Manuals
FDEP Form 62-620.910(12) - Notification of Construction Completion
FDEP Form 62-620.910(13) - Availability of Record Documents and O&M Manuals
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Task 2 Meetings/Workshops:
EADOC Training Meeting
Preconstruction Conference
5 RPC Negotiation Meetings
Interview CMAR employees for Davis Bacon prevailing wage requirements
22 Monthly Progress Meetings
Draft O&M Manual and Record Drawing Review Meeting
Task 3 – Start Up and Testing Phase Services
Task 3.1 - Initial Preliminary Testing Services
The CONSULTANT will oversee preliminary facilities acceptance testing and startup in cooperation with the CMAR,
CITY, and WRWRF Operations staff. Initial preliminary testing services will include assistance with comprehensive
testing of functional equipment, sub-systems, and entire treatment processes as dictated in the conformed construction
documents. These services are predecessor task to initiating start-up and operations. The CONSULTANT will
coordinate with manufacturer's representatives and the CMAR throughout this process.
Task 3.2 – Electrical and I&C Testing
The CONSULTANT will work with the CMAR and equipment vendors to determine all the required testing, then
witness and document all site acceptance tests on electrical and I&C equipment. This includes witnessing all point-to-
point checks and run tests for electrical equipment. This includes all I&C interlocks for functional demonstration that
the equipment is performing as outlined in the conformed contract document. The CONSULTANT will confirm that
circuit breaker settings conform to the values shown in the short circuit study and that all harmonic filters are correct
and in place. All electrical and I&C testing results will be documented and filed in the project records.
Task 3.3 – System Start-Up and System Testing
The CONSULTANT will oversee testing and startup in cooperation with the CMAR, CITY and WRWRF Operations
staff. The CONSULTANT will interface with the CITY and CMAR for the initial system start-up for the new processes.
The CONSULTANT will coordinate with the CITY and CMAR for operation of the new processes as outlined in the
conformed construction documents. These are the final system start-up and testing phases to bring the new facilities
online for beneficial use by the CITY and issuance of Substantial Completion.
Task 3 Deliverables:
There are no specific deliverables in this Task
Task 3 Meetings/Workshops:
There are no specific deliverables in this Task
Task 4 – FDEP SRF Loan Reimbursement Administration Services
Task 4.1 – Consultation and Advisory Services
The SUBCONSULTANT will be available on an as needed basis for services not included in Task 4.2 through Task 4.6
to assist the CITY and the CONSULTANT, respond to questions, attend meetings, and provide guidance and advice to
the CITY, the CITY’s staff, and the CONSULTANT relative to the Clean Water State Revolving Fund (SRF), other
funding source requirements, the funding process requirements, and pre-bid compliance requirements. The
SUBCONSULTANT will represent the CITY before the FDEP in settling any issues relative to the disbursement
process and the compliance monitoring process that may arise during the construction phase. The SUBCONSULTANT
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will represent the CITY and coordinate with the FDEP in the resolution of any issues that arise during the project period.
The SUBCONSULTANT will meet with the CITY and the CITY’s staff as requested to provide funding updates and
assist the CITY’s staff in the administration of the project. Services under Task 4.1 are for services not included in Task
4.2 through Task 5.6.
Task 4.2 – Pre-Construction Conference
The SUBCONSULTANT will prepare for and attend a Pre-Construction Conference to provide guidance to the CMAR
relative to the SRF program compliance process and requirements that apply during construction. The
SUBCONSULTANT will provide responses to questions and comments. If a written response to questions is needed,
the SUBCONSULTANT will assist the CITY in the preparation of the response.
Task 4.3 – Construction Progress Meetings and Change Order Review
The SUBCONSULTANT will prepare for and attend Construction Progress Meetings with the CITY, CONSULTANT,
and CMAR, as needed, to respond to questions and comments and to provide guidance relative to the SRF program
compliance process and requirements. Any compliance issues that arise during construction will be addressed. Changer
Orders will be reviewed for SRF eligibility and the SUBCONSULTANT will assist the CITY and the CONSULTANT
in gaining the approval of the FDEP for Change Orders. The SUBCONSULTANT will advise the CITY and assist in
settling any issues with the CMAR or the FDEP relative to the SRF program requirements.
Task 4.4 – Disbursement Requests
The SUBCONSULTANT will gather and assemble the CMAR's monthly pay estimates, invoices for engineering
services, administrative services, and other SRF eligible costs along with supporting documentation as required by the
FDEP necessary to prepare the monthly disbursement requests. The CITY or the CONSULTANT will verify the
CMAR's work progress and accuracy of the CMAR's monthly pay estimates. The SUBCONSULTANT will review the
pay estimates and invoices to verify SRF eligibility. The CITY or the CONSULTANT will obtain other documentation
including the Davis-Bacon certified payrolls and other documents required by the FDEP from the CMAR. The
SUBCONSULTANT will prepare the monthly disbursement requests and submit to the CITY for review, approval,
signing, and submittal to the FDEP.
Task 4.5 – Compliance Monitoring
The SUBCONSULTANT will monitor the Federal Labor Standards Requirements (Davis-Bacon) on a monthly basis.
The SUBCONSULTANT will review the CMAR's and subcontractors’ weekly certified payrolls for compliance with
the Davis-Bacon Act requirements and notify the CITY of any exceptions. The CITY or the CONSULTANT will
collect the certified payrolls from the CMAR and subcontractors and submit to the SUBCONSULTANT. The
CONSULTANT will conduct on-site labor interviews as required by the FDEP and submit the labor interview forms on
a monthly basis to the SUBCONSULTANT for review. The SUBCONSULTANT will advise the CITY in the
maintenance of files of compliance documentation forms as required for inspection by the FDEP, auditors, and others.
The SUBCONSULTANT will notify the CITY of any exceptions noted in the review of the submitted documents and
assist the CITY and the contractor in maintaining compliance with the FDEP requirements. The SUBCONSULTANT
will represent the CITY and coordinate with the FDEP to settle any issues relating to the Davis-Bacon Act requirements
or other compliance process requirements.
Task 4.6 – Project Closeout
The SUBCONSULTANT will prepare for and meet with the CITY, CONSULTANT, and the FDEP for the FDEP final
inspection and preliminary project closeout for the SRF loan. The SUBCONSULTANT will prepare the final
disbursement request and assist with the documentation needed for the final administrative closeout by the FDEP. The
SUBCONSULTANT will review and advise the CITY relative to the final loan amendment that sets the final terms of
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the loan. The SUBCONSULTANT will assist the CITY and cooperate with the auditor should the project be audited.
Task 4 Deliverables:
Review comments on CMAR RFQ
Task 4 Meetings/Workshops:
Task 4.1 Meetings
Preconstruction Conference
Task 4.5 Meetings
Project Closeout Meeting
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Attachment E
Design Documents and Specifications
Refer to “ITB 0317-2370 Volume 1 of 2, Specifications Divisions 1 to 13”, and “ITB
0317-2370 Volume 2 of 2, Specifications Divisions 15 to 17, Exhibits A-D” and Project
Plans titled, “ITB 0317-2370 Westside Regional Water Reclamation Facility
Improvements Plans”.
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Attachment F
Forms for Affirmation of Compliance
1. Affidavit of Authenticity Form
2. Proposer Experience Reference Form
3. Project Manager Experience Reference Form
4. Anti-Collusion Form
5. Drug Free Workplace Form
6. Public Entity Crimes Form
7. Trench Safety Act Form
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1. AFFIDAVIT OF AUTHENTICITY FORM
The following affidavit shall be executed, notarized, and submitted for each legal entity that is a member of the Proposer
team as identified in the Proposal.
State of Florida
County of Volusia
Before me, the undersigned authority, personally appeared________________________, who, having been by me
duly sworn, made the following statement:
"I am authorized to make this affidavit on behalf of________________________, a participating
legal entity in the attached Proposal dated ____________________, 2017, and submitted in response to Request for
Proposals (RFP) issued by the City of Daytona Beach for the Construction Management at Risk Services for the
Westside Regional Water Reclamation Facility Improvements Project. All information pertaining to
________________________ and provided in the attached Proposal is to the best of my knowledge, true and correct and
if called upon to testify, I could testify competently thereto.
I acknowledge receipt of the Addenda to this RFP by identifying the following Addenda numbers and dates of receipt (if
any):_______________________________________________________
______________________________
(Signature)
______________________________
(Printed Name)
______________________________
(Date)
______________________________
(Proposer Team Member)
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2. PROPOSER EXPERIENCE REFERENCE FORM (1 of 3)
Proposer must replicate and complete the following form in accordance with the requirements of Section
5.3.5 (A) of the RFP.
Project Title and Contract Number:
Firm and Project Team Role:
Owner Name and Location:
Period of Performance (Contract Start and End Dates):
Contract Value:
Summary of Work Performed (including delivery method used: CMAR, DB, DBB, etc.):
Project Performance (including change order history, schedule adherence, budget adherence, and safety record):
Major Issues Encountered During Project (including approach to resolution):
Key Personnel Involved in Project (and Roles of Key Personnel):
Reference(s) (Name, Title, Address, Phone, Email):
2. PROPOSER EXPERIENCE REFERENCE FORM (2 of 3)
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Proposer must replicate and complete the following form in accordance with the requirements of Section
5.3.5 (A) of the RFP.
Project Title and Contract Number:
Firm and Project Team Role:
Owner Name and Location:
Period of Performance (Contract Start and End Dates):
Contract Value:
Summary of Work Performed (including delivery method used: CMAR, DB, DBB, etc.):
Project Performance (including change order history, schedule adherence, budget adherence, and safety record):
Major Issues Encountered During Project (including approach to resolution):
Key Personnel Involved in Project (and Roles of Key Personnel):
Reference(s) (Name, Title, Address, Phone, Email):
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2. PROPOSER EXPERIENCE REFERENCE FORM (3 of 3)
Proposer must replicate and complete the following form in accordance with the requirements of Section
5.3.5 (A) of the RFP.
Project Title and Contract Number:
Firm and Project Team Role:
Owner Name and Location:
Period of Performance (Contract Start and End Dates):
Contract Value:
Summary of Work Performed (including delivery method used: CMAR, DB, DBB, etc.):
Project Performance (including change order history, schedule adherence, budget adherence, and safety record):
Major Issues Encountered During Project (including approach to resolution):
Key Personnel Involved in Project (and Roles of Key Personnel):
Reference(s) (Name, Title, Address, Phone, Email):
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3. PROJECT MANAGER EXPERIENCE REFERENCE FORM (1 of 3)
Proposer must replicate and complete the following form in accordance with the requirements of Section
5.3.5 (B) of the RFP.
Project Title and Contract Number:
Firm and Project Team Role:
Owner Name and Location:
Period of Performance (Contract Start and End Dates):
Contract Value:
Summary of Work Performed (including delivery method used: CMAR, DB, DBB, etc.):
Project Performance (including change order history, schedule adherence, budget adherence, and safety record):
Major Issues Encountered During Project (including approach to resolution):
Key Personnel Involved in Project (and Roles of Key Personnel):
Reference(s) (Name, Title, Address, Phone, Email):
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3. PROJECT MANAGER EXPERIENCE REFERENCE FORM (2 of 3)
Proposer must replicate and complete the following form in accordance with the requirements of Section
5.3.5 (B) of the RFP.
Project Title and Contract Number:
Firm and Project Team Role:
Owner Name and Location:
Period of Performance (Contract Start and End Dates):
Contract Value:
Summary of Work Performed (including delivery method used: CMAR, DB, DBB, etc.):
Project Performance (including change order history, schedule adherence, budget adherence, and safety record):
Major Issues Encountered During Project (including approach to resolution):
Key Personnel Involved in Project (and Roles of Key Personnel):
Reference(s) (Name, Title, Address, Phone, Email):
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3. PROJECT MANAGER EXPERIENCE REFERENCE FORM (3 of 3)
Proposer must replicate and complete the following form in accordance with the requirements of Section
5.3.5 (B) of the RFP.
Project Title and Contract Number:
Firm and Project Team Role:
Owner Name and Location:
Period of Performance (Contract Start and End Dates):
Contract Value:
Summary of Work Performed (including delivery method used: CMAR, DB, DBB, etc.):
Project Performance (including change order history, schedule adherence, budget adherence, and safety record):
Major Issues Encountered During Project (including approach to resolution):
Key Personnel Involved in Project (and Roles of Key Personnel):
Reference(s) (Name, Title, Address, Phone, Email):
4. ANTI-COLLUSION FORM
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ANTI-COLLUSION STATEMENT
By signing this form, the Proposer agrees that this Proposal is made without any other understanding, agreement, or
connection with any person, corporation, or firm submitting a Proposal for the same purpose and that the Proposal is in
all respects fair and without collusion or fraud.
Sign in ink in the space provided below. Unsigned Proposals will be considered incomplete, and will be disqualified and
rejected.
IT IS AGREED BY THE UNDERSIGNED PROPOSER THAT THE SIGNING AND DELIVERY OF THE PROPOSAL
REPRESENTS THE PROPOSER’S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE FORGOING
TERMS AND CONDITIONS AND SCOPE OF SERVICES, AND IF AWARDED, THIS CONTRACT WILL
REPRESENT THE AGREEMENT BETWEEN THE PARTIES.
NAME OF FIRM: ________________________________________________________
SIGNATURE: ___________________________________________________________
(MUST BE SIGNED BY A COMPANY OFFICER OR AUTHORIZED AGENT)
NAME TYPED: _______________________ TITLE:_____________________________
ADDRESS: ____________________________________________________________
CITY AND STATE: ______________________________________________________
TELEPHONE: ________________________ EMAIL: ____________________________
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5. DRUG FREE WORKPLACE FORM
The undersigned, in accordance with the Florida Statue 287.087 hereby certifies that
____________________________________________________ (proposer name) does:
1. Publish a statement notifying that the unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the workplace and specifying the actions that will be taken against
employees for violation of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, any Available drug counseling,
rehabilitation, employee assistance programs, and the penalties that may be imposed upon employees for drug
abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under proposal a
copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the
commodities or contractual services that the employee will abide by the terms of the statement and will notify
the employer of any conviction of, or plea of guilty or nolo contender to any violation of Chapter 1893 or of any
controlled substance law of the United States or any state, for a violation occurring in the workplace no later
than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee’s community, by any employee who is convicted.
6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1,
through Paragraph 5.
As the person authorized to sign this statement, I certify that this firm fully complies with the above requirements.
Date: __________________ ___________________________
Signature & Title
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6. PUBLIC ENTITY CRIMES FORM
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to
[print name of the public entity]
by
[print individual's name and title]
for
[print name of entity submitting sworn statement]
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN, Include the Social Security Number of the individual signing this
sworn statement: .)
2. I understand that a "public entity crime" as defined In Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of business
with any public entity or with an agency or political subdivision of any other state or of the United States,
including, but not limited to, any proposal or contract for goods or services to be provided to any public entity
or an agency or political subdivision of any other state or of the United States and Involving antitrust, fraud,
theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal
or state trial court of record relating to charges brought by indictment or Information after July 1, 1989, as a
result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
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6. PUBLIC ENTITY CRIMES FORM (CONTINUED)
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and who has
been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives,
partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest In another person, or a pooling of
equipment or income among persons when not for fair market value under an arm's length agreement, shall be a
prima facie case that one person controls another person. A person who knowingly enters into a joint venture
with a person who has been convicted of a public entity crime In Florida during the preceding 36 months shall
be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person
or entity organized under the laws of any state or of the United States with the legal power to enter into a
binding contract and which proposals or applies to proposal on contracts for the provision of goods or services
let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term
"person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents
who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [Indicate which statement applies.]
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active In the management of the entity, nor any affiliate
of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been
charged with and convicted of a public entity crime subsequent to July 1, 1989.
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6. PUBLIC ENTITY CRIMES FORM (CONTINUED)
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active In the management of the entity, or an affiliate of
the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However,
there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of
Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the
public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of
the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY
ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN
WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC
ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN
THE INFORMATION CONTAINED IN THIS FORM.
[Signature]
Sworn to and subscribed before me this day of , 20 .
Personally known
OR Produced Identification Notary Public - State of
My commission expires
(Type of identification)
(Printed, typed or stamped
commissioned name of notary public)
Form PUR 7068 (Rev. 06/11/92)
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7. TRENCH SAFETY ACT FORM
FLORIDA STATUTE 90-96
NOTICE TO PROPOSERS: In order to comply with the Trench Safety Act, the Proposer is required to
specify the costs of compliance. These costs are not a separate pay item. The Proposer must also reference
the Trench Safety Standards which will be in effect during construction and assure in writing that the Proposer
will comply with the applicable Trench Safety Standards.
TRENCH SAFETY MEASURE
UNITS OF
MEASURE
QUANTITY
UNIT
COST
COST