HomeMy WebLinkAbout2006-26416 Reso
RESOLUTION NO. 2006-26416
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT TO KVC CONTRACTORS INC., IN AN AMOUNT NOT TO
EXCEED $75,000, FOR PRE-CONSTRUCTION SERVICES FOR THE
RENOVATION AND CONSTRUCTION OF THE SCOTT RAKOW YOUTH
CENTER, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 27-05/06
WITH FUNDING FROM THE PREVIOUSLY APPROPRIATED PAY-AS-YOU-
GO FUNDS.
WHEREAS, the Scott Rakow Youth Center (SRYC) Renovation Project was initiated by
the Mayor and City Commission in 1994 and was a part of the original $15-Million Parks Bond
issue; and
WHEREAS, the original scope called for the expansion and renovation of the ice rink and
other improvements to the SRYC; and
WHEREAS, on October 17, 2005, the City retained Brown and Brown Architects, Inc. (an
AlE firm on the City's rotational list), with developing a schematic conceptual master plan which
would evaluate Code concerns (including ADA and Fire Safety) validate the program and the
budget, and propose a phasing plan for construction; and
WHEREAS, Brown and Brown has participated in various site meetings to evaluate the
existing conditions of the facility and met with the users to review the scope of work which would be
necessary to bring the facility into compliance and fulfill the operational and programmatic
requirements that the City presented to the community; and
WHEREAS, after various meetings with the Parks and Recreation Department, the SRYC
Advisory Board, the facility managers, the Property Management Division, the Fire Department, and
the Building Department, Brown and Brown proposed an acceptable schematic conceptual master
plan and budget which would be phased over an estimated one year of design, and 18 months of
construction, while the facility would remain in operation; and
WHEREAS, on May 10, 2006, the Mayor and City Commission approved the issuance of
Request for Qualifications (RFQ) No. 27-05/06 for Construction Manager at Risk Pre-Construction
Services for the Renovation and Construction of the Scott Rakow Youth Center Project (Project);
and
WHEREAS, RFQ No. 27-05/06 was issued on May 12, 2006, and the submittals opened on
June 29, 2006; and
WHEREAS, on July 11,2006, an Evaluation Committee convened to review submittals and
interview and rank the submitting CMR firms; and
WHEREAS, KVC Contractors Inc., was unanimously ranked No.1; followed by Tran
Construction at No.2; and
WHEREAS, on September 6, 2006, the City Commission authorized the Administration to
enter into negotiations with the top-ranked firm of KVC Contractors Inc.; and
WHEREAS, the estimated Project construction cost is $4,290,000; and
WHEREAS, the fee negotiated with KVC Contractors, Inc. includes the following services:
design review, constructability and value engineering at 30%,60% and 100% design submittals for a
fee of $10,200; review of onsite / offsite Conditions for a fee of $3,300; cost estimating & cost
controls for a fee of $25,500; scheduling for a fee of $2,500; bidding (Guaranteed Maximum Price
submittal & negotiations) for a fee of $32,500; e-builder license for a fee of $1,000; for a total fee of
$75,000.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and
authorize the Mayor and City Clerk to execute a Professional Services Agreement with KVC
Contractors, Inc., in an amount not to exceed $75,000, for pre-construction services for the
renovation and construction of the Scott Rakow Youth Center, pursuant to RFQ No. 27-05/06; with
funding from the previously appropriated Pay-As-You-Go funds.
/j /
PASSED AND ADOPTED this 6th day of D,ece,b~OO6'.
, I
APPROVED AS TO
FORM & LANGUAGE
& FOR CUTION
T :\AG EN DA \2006\dec0606\Regular\SRYC-CM R-KVC Resolution Dec0606.doc
Tuesday, October 31,2006
Graciela Escalante R.A., Senior Capital Projects Coordinator
City of Miami Beach
CAPITAL IMPROVEMENT PROJECTS OFFICE
] 700 Convention Center Drive
Miami Beach, FL 33139
RE: Scott Rakow Youth Center Phase 11 Project
Miami Beach, Florida
Revised Pre-construction Services Fee Proposal
Dear Ms. Escalante:
Attached is a breakdown of our estimated hours and the revised fees for the Pre-Construction
Services on the above referenced project. The revised fee total is $75,000.00. We are excited
about our involvement in this project and are looking forward to getting started.
Please review the attached and advise if you require further information.
Sincerely,
K:?q
Vick Crespin
Vice President
CC: Katherine Cresp
Frank Dykes
Freddy Vanegas
File
KVC Constructors. Inc. 9499 N. E. 2nd Avanue, Suite 205 Miami Shores, Florida 33138
Voice 305.757.7707 Data 305.757.7701
GENERAL C O~lTRACTORS
CONSTRUCTION MAN/<GERS
CGC022994
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, awarding a professional
services agreement to KVC Contractors Inc" in an amount not to exceed $75,000, for pre-construction
services for the renovation and construction of the Scott Rakow Youth Center, from the previously appropriated
Pay-as-You-Go fund,
Ke Intended Outcome Su orted:
Ensure well designed quality capital projects.
Issue:
Should the City Commission accept the City Manager's recommendation to award a contract for pre-
construction services for the renovation and construction of the Scott Rakow Youth Center, in a not to exceed
amount of $75,000, to the firm of KVC Contractors Inc.?
Item Summa IRecommendation:
The Scott Rakow Youth Center (SRYC) Renovation Project (the "Project") was initiated by the Mayor and
City Commission in 1994 and was a part of the original $15-Million Parks Bond issue. The original scope
called for the expansion and renovation of the ice rink and other improvements to the SRYC, After the default
of IBLA Contractors from the project, the City subsequently finished the new Ice Rink and achieved a
Certificate of Occupancy under F&L Construction on 4-4-2006, On October 17, 2005, the City of Miami Beach
tasked Brown and Brown Architects (an NE firm on the City's rotational list) with developing a schematic
conceptual master plan which would evaluate code concerns, including ADA and Fire Safety, validate the
program and the budget, and propose a phasing plan for construction. Brown and Brown have participated in
various site meetings to evaluate the existing conditions of the facility and met with the users to review the
scope of work which would be necessary to bring the facility into compliance and fulfill the operational and
'programmatic requirements that the City presented to the community. After various meetings with th'e Parks
and Recreation Department, the SRYC Advisory Board, the Facility Managers, the Property Management
Division, the Fire Department, and the Building Department, Brown and Brown proposed an acceptable
schematic conceptual master plan and budget which would be phased over an estimated one year of design
and 18 months of construction, while the facility would remain in operation. On May 10, 2006, the Mayor and
City Commission approved the issuance of Request for Qualifications (RFQ) 27-05/06 for Construction
Manager at Risk Pre-Construction Services for the Renovation and Construction of the Scott Rakow Youth
Center Project. The purpose of this RFQ was to secure the services of a Construction Manager at Risk (CMR)
firm to provide pre-construction services and all required construction in order to achieve a Guaranteed
Maximum Price (GMP) for the Renovation and Construction of the Scott Rakow Youth Center. RFQ No. 27-
05/06 was issued on May 12, 2006 and the submittals opened on June 29,2006. A pre-RFQ proposal meeting
was held on June 2, 2006. On July 11, 2006, an evaluation committee convened to review submittals and
interview and rank the candidate CMR firms. KVC Contractors Inc" was unanimously ranked No,1, followed by
Tran Construction at No, 2. On September 6, 2006, the City Commission authorized the Administration to enter
into negotiations with the top-ranked firm of KVC Contractors Inc, The City Administration has negotiated a
contract and recommends approval of the attached Resolution awarding a professional services agreement to
KVC Contractors Inc., in an amount not to exceed $75,000, for pre-construction services for the renovation and
construction of the Scott Rakow Youth Center, with reviousl a ro riated funds.
Advisory Board Recommendation:
I N/A
Financial Information:
JECh TH
T:\AGENDA \2006\dec0606\Regular\SRYC-CMR-
Source 0
Funds:
OBPI
1
Total
Amount
$75,000
$75,000
Account
Pay as You Go-Fund 302-2513.
Approved
City Manager
lD
~
MIAMIBEACH
AGENDA ITEM
DATE
R1C.
/ i}.- -~ ~tJe:,
&
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manager ~ ..,.. ~
December 6, 2006. {J 0
TO:
DATE:
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AWARDING A PROFESSIONAL
SERVICES AGREEMENT TO KVC CONTRACTORS INC., IN AN
AMOUNT NOT TO EXCEED $75,000, FOR PRE-CONSTRUCTION
SERVICES FOR THE RENOVATION AND CONSTRUCTION OF THE
SCOTT RAKOW YOUTH CENTER, FROM THE PREVIOUSLY
APPROPRIATED PAY-AS-YOU-GO FUND.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding is available from the previously appropriated funding for the Scott Rakow Project in
the Pay-as-You-Go Capital Fund 302-2513.
ANAL YSIS
The Scott Rakow Youth Center (SRYC) Renovation Project was initiated by the Mayor and
City Commission in 1994 and was a part of the original $15-Million Parks Bond issue. The
original scope called for the expansion and renovation of the ice rink and other
improvements to the SRYC.
The following is a chronology of the work at the Scott Rakow Youth Center:
· On June 19, 1996, the Mayor and City Commission approved the Master Plan for the
improvements to the City's Parks and Recreation facilities of which the Scott Rakow
Youth Center (Project) was a component.
· On July 16, 1996, an Agreement was executed with The Corradino Group for design,
bidding and construction administration for the Project.
· On April 9, 2001, a Notice to proceed was given to International Builders.
· On April 24, 2001, construction began on Phase I of the project.
· On July 21,2003, International Builders was certified in default of the contract.
· On October 10, 2003, the permit was changed to F&L Construction, who was tasked to
complete Phase I and achieve a Temporary Certificate of Occupancy (TCO) for the
project.
· On January 9, 2004, a TCO was achieved on the project.
Commission Memorandum-SRYC CMR Resolution
December 6, 2006
Page 20f4
· On April 4, 2006, a Certificate of Occupancy was achieved on the Project for Phase I.
· On October 17, 2005, the City of Miami Beach tasked Brown and Brown Architects (an
AlE firm on the City's rotational list) with developing a schematic conceptual master plan
which would evaluate code concerns, including ADA and Fire Safety, validate the
program and the budget, and propose a phasing plan for construction.
Brown and Brown have participated in various site meetings to evaluate the existing
conditions of the facility and met with the users to review the scope of work which would
be necessary to bring the facility into compliance and fulfill the operational and
programmatic requirements that the City presented to the community. After various
meetings with the Parks and Recreation Department, the SRYC Advisory Board, the
Facility Managers, the Property Management Division, the Fire Department, and the
Building Department, Brown and Brown proposed an acceptable schematic conceptual
master plan and budget which would be phased over an estimated one year of design
and 18 months of construction, while the facility would remain in operation,
· On May 10, 2006, the Mayor and City Commission approved the issuance of Request for
Qualifications (RFQ) 27-05/06 for Construction Manager at Risk Pre-Construction
Services for the Renovation and Construction of the Scott Rakow Youth Center Phase II
Project. The purpose of this RFQ was to secure the services of a Construction Manager
at Risk Firm (CMR) firm to provide pre-construction services and all required
construction in order to achieve a Guaranteed Maximum Price (GMP) for the Renovation
and Construction of the Scott Rakow Youth Center,
· RFQ No. 27-05/06 was issued on May 12, 2006 and the submittals opened on June 29,
2006, A pre-RFQ proposal meeting was held on June 2, 2006,
· On July 11, 2006, an evaluation committee convened to review submittals and interview
and rank the candidate CMR firms. KVC Contractors Inc., was unanimously ranked
No,1 , followed by Tran Construction at NO.2,
· On September 6, 2006, the City Commission authorized the Administration to enter into
negotiations with the top-ranked firm of KVC Contractors Inc,
SCOPE OF SERVICES
The scope of work for the renovation of the existing facility consists of the following
components: expand the existing parking lot by 44 parking spaces and provide a bus drop-
off area which separates vehicular and pedestrian traffic; provide ADA accessible walkways
from the handicapped parking to the main entrance and to the new outdoor playground area;
convert the old ice rink into a Multi-Purpose Room; renovate the existing entry plaza;
construct a new entry addition with security counter and lobby and a new handicapped
accessible elevator; provide first floor renovations, including a new snack bar, new ADA
accessible bathrooms; new fitness center; new lighting, flooring and ceiling treatments;
second floor renovations include new classrooms, new music room, new reading room,
storage, renovated Parks Department staff office areas, and new lighting, flooring and
ceiling treatments; and second floor renovations including new classrooms, new music
room, new reading room, storage room and renovated Parks Department staff office areas.
The renovations will include a new fire sprinkler, and central fire alarm systems for the entire
facility, as well as upgrading existing HV AC systems for the new design loads. In addition,
new offices for the pool manager and the golf starter, a new trash collection area, and new
Zamboni drainage pit for the new ice rink will be provided,
Commission Memorandum-SRYC CMR Resolution
December 6, 2006
Page 3 of 4
The City has received a proposal from Arthur Hills, Steve Forest and Associates (AHSFA) to
provide a conceptual design of the Par 3 Golf Course, This proposal includes the
preparation of an overall schematic plan of the golf course and improvements for each hole
including tee shape and orientation, fairway and green bunker design in plan, green design
improvements in plan, fairway patterns and such items as ponds to provide strategic and
aesthetic qualities and other related improvements, AHSFA will also evaluate the drainage
requirements of the. site and make the appropriate recommendations, This study will provide
the City with a cost for the renovation of the Par 3 Golf Course, The conceptual design will
be presented to the residents as part of an on-going dialogue regarding the use of the golf
course and its relation to the Youth Center, In addition, AHSFA will coordinate their work with
the planned improvements for the SRYC included in Brown & Brown's scope of work as well
as KVC Constructor's pre-construction services.
The City has met with the residents of the SRYC community and is attempting to reach an
appropriate compromise that could satisfy both stakeholder groups' concerns regarding the
location of on-site parking and the playfield and the impact these improvements may have
on the Par 3 golf course and the neighborhood,
A Tentative Phasing Schedule and Estimated construction costs were developed as follows:
Phase 1-A:
Entry Addition, Entry Renovations, Elevator & Entry Plaza:
$1,400,000
Phase 1-8:
Convert Old Ice Rink into Multi-Purpose Room, and
First and Second Floor Restrooms:
$800,000
Phase 2:
Second Floor Renovations:
$900,000
Phase 3:
First Floor Renovations:
$280,000
Phase 4:
New Parking, Accessible walks and Repaving existing Parking:
$300,000
Phase 5:
New Play area and Golf Starter Office:
$150,000
Phase 6:
New Pool Manager's Office, Zamboni Pit & Trash Collection Area:
$70,000
$390,000
$4,290,000
Construction Contingency:
Estimated Construction Costs:
Scope of Services:
The Construction Manager's Scope of Services shall include, without limitation, all of the
Preconstruction Services set forth below and, upon approval by the City of the GMP, and as
contemplated in the GMP Amendment or Amendments, and such other amendment(s) as
necessary to fix and describe the parties' respective rights and responsibilities with respect
to the Work and the Project, all of the Construction Services required to complete the Work
Commission Memorandum-SRYC CMR Resolution
December 6, 2006
Page 40'4
in strict accordance with the Contract Documents, and to deliver the Project to the City at, or
below, the GMP, when established, and within the Contract time.
The Construction Manager shall review Project requirements, existing on-site and off-site
development, surveys and preliminary budget, and make recommendations to the City for
revisions. The Construction Manager shall prepare a preliminary Project Schedule in
accordance with the Contract Documents and in coordination with the City and the
Architect/Engineer, identifying all phases, critical path activities, and critical duties of each of
the Project team members, The Construction Manager shall, at each remaining design
phase (Le, 60% design development and 100% construction document), review the plans
and advise the City and the Architect/Engineer regarding the constructability of the design
and of any errors, omissions, or conflicts it discovers, The Construction Manager shall
prepare an outline of proposed bid packages and detailed cost estimates, and advise the
City regarding trends in the construction and labor markets that may affect the price or
schedule of the Project. The Construction Manager shall attend all Project related meetings.
The Construction Manager's Preconstruction Services shall be provided, and the City shall
compensate Construction Manager for such services, based upon a fixed fee. At the
conclusion of the Preconstruction Services, the Construction Manager shall, without
assuming the duties of the Architect/Engineer, warrant to the City, that the plans,
specifications and other Contract Documents are consistent, practical, feasible, and
constructible, and that the Project is constructible within the contract time.
The pre-construction services fee negotiated with KVC Contractors Inc, includes the
following services:
Design Review, Constructability and Value Engineering
at 30%, 60% and 100% design submittals:
$10,200
$3,300
$25,500
$2,500
$32,500
$1 ,000
$75,000
Review of On-site 1 Off-site Conditions:
Cost Estimating & Cost Controls:
Scheduling:
Bidding (GMP Submittal & Negotiations):
E-Builder License:
Total:
CONCLUSION
The Administration recommends approval of the attached Resolution awarding a
professional services agreement to KVC Contractors Inc., in an amount not to exceed
$75,000 for pre-construction services for the renovation and construction of the Scott
Rakow Youth Center, from the previously appropriated Pay-as-You-Go fund,
Attachments: Pre-Construction Services Agreement.
CMR Proposal.
T:\AGENDA\2006\dec0606\Regular\SRYC-CMR-Services KVCMemo-Dec-0606,doc
AGREEMENT FOR PRE-CONSTRUCTION SERVICES
BETWEEN CITY OF MIAMI BEACH, FLORIDA,
AND KVC CONSTRUCTORS INC., FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES PURSUANT
TO RESOLUTION NO. 2006-XXXXXX ENTITLED "CONSTRUCTION MANAGEMENT AT RISK PRE-
CONSTRUCTION SERVICES FOR THE RENOVATION OF THE SCOTT RAKOW YOUTH CENTER PHASE II
PROJECT.
THIS AGREEMENT, made and entered into this _ day of ,2006, by and between the CITY OF
MIAMI BEACH, a Florida municipal corporation whose address is 1700 Convention Center Drive, Miami Beach, FI.
33139 (hereinafter City), and KVC CONSTRUCTORS, a Florida corporation whose address is 9499 NE 2ND Avenue,
Suite 205, Miami Shores, FI., 33138 (hereinafter Construction Manager or CM).
WITNESSED:
WHEREAS, the City intends to renovate the existing Scott Rakow Youth Center and desires to engage the
serVices of CM; and
WHEREAS, the CM desires to act as Construction Manager At-Risk to the City to provide the services as set
forth in this Agreement.
NOW THEREFORE, in consideration of the covenants and conditions herein contained, and other good and
valuable consideration, the sufficiency of which is hereby acknowledged, City and CM agree as follows:
ARTICLE I
DEFINITIONS
The following terms shall have the meanings specified below; any capitalized terms referred to herein and not
defined shall have the meanings set forth in the Agreement between City and Construction Manager:
1.1 Architect/Engineer or AlE: The "Architect/Engineer" or "NE" shall mean that person or firm
designated as the architect/engineer for the Project, or any portion thereof, Also referred to as the Consultant,
this entity has entered into a separate agreement with the City for design services for the Project, said
Agreement attached and incorporated as Exhibit VII hereto (also referred to as the AlE Agreement). For
purposes of this Agreement, the Architect/Engineer of record for the Project is Brown and Brown Architects Inc,
whose principal address is 7100 SW 99 Avenue, Suite 201, Miami Florida, 33173,
1.2 Bonds: The "Bonds" shall mean the Public Construction Payment Bond and the Public Construction
Performance and Guarantee Bond furnished by the Construction Manager as required by this Agreement.
1,3 Bond Premium: The term "Bond Premium" shall mean the direct cost of the premium paid for the
Bond (s),
I
1.4 Budget: The minimum amount established by the City for this Project. Construction Manager herein
acknowledges that, prior to execution of this Agreement; it has received the City's written Budget for the
Project.
1,5 City or Owner: The "City" or "Owner" shall mean the City of Miami Beach, a Florida municipal
corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and
may also be referred to as the "Owner" in this Agreement. The City, as a governmental entity, is subject to the
availability of funds and annual appropriation of funds by its legislative body and other governmental authorities
or sources of revenue, in an amount to allow continuation of its performance under this Agreement. In the
event of lack of funding for this Agreement, or the Project subject to this Agreement, this Agreement may be
terminated by the City pursuant to the procedures set forth in Subsection 6,2.
1.6 City Commission: "City Commission" shall mean the governing and legislative body of the City. The
City Commission shall be the final authority to do or to approve the following actions or conduct by passage of
an enabling resolution or amendment to this Agreement.
1,6,1 The City Commission shall be the body to consider, comment upon, or approve of any amendments or
modifications to this Agreement.
1.6,2 The City Commission shall be the body to consider, comment upon, or approve any assignment, sale,
transfer or subletting of this Agreement or any interest therein, or any subcontracts made pursuant to this
Agreement. Assignment and transfer shall be defined to include sale of the majority of the stock of a
corporation,
1.6,3 All City Commission approvals and authorizations shall be expressed by passage of an appropriate
enabling resolution and, as determined by the City if applicable or required, by the execution of an appropriate
amendment to this Agreement.
1.6.4 The City Commission shall approve or consider all contract amendments which exceed the sum of
Twenty-Five Thousand Dollars and 00/100 ($25,000.00), or such other amount as may be specified by the City
of Miami Beach Code in its Procurement Ordinance, as same may be amended from time to time.
1,7 City Manager: The "City Manager" shall mean the Chief Administrative Officer of the City. The City
Manager shall be construed to include any duly authorized designees, including, a Program Coordinator, and
shall serve as the City's representative to whom administrative requests for approval shall be made and who
shall issue authorizations exclusive of those authorizations reserved to the City Commission, to the CM, These
authorizations shall include, without limitation: reviewing, approving, or otherwise commenting upon the
schedules, plans, reports, estimates, contracts and other documents submitted to the City by the CM pursuant
to the Scope of Services set forth in this Agreement, as same may be amended from time to time.
1.7.1 The City Manager shall decide, in his professional discretion, matters arising pursuant to this
Agreement, which are not otherwise expressly provided for in this Agreement, and he shall attempt to render
administrative decisions promptly to avoid unreasonable delay in the progress of the CM's work.
1,7.2 The City Manager shall additionally be authorized. but not required, upon written request of the CM, to
2
reallocate monies already budgeted toward payment of the CM; provided, however, that he cannot increase the
CM's compensation or other budgets established by this Agreement.
1.7.3 The City Manager, in his administrative discretion, may consult with the City Commission concerning
disputes or matters arising under this Agreement regardless of whether such matters or disputes are
enumerated herein.
1 ,7.4 The City Manager or his designee shall be the representative, on behalf of the City authorized to issue
a Notice to Proceed,
1.7.5 The City Manager may approve contract amendments which shall not exceed the sum of Twenty-Five
Thousand Dollars and 00/100 ($25,000.00), or such other amount as may be specified by the City of Miami
Beach Code, in its Procurement Ordinance, as same may be amended from time to time,
1.7.6 The City Manager may, in his sole discretion, form a committee or committees, or inquire of or consult
with persons for the purpose of receiving advice and recommendations relating to the exercise of his powers,
duties and responsibilities under this Agreement.
1.8 CM Principal: The "CM Principal" shall be the person designated by the Construction Manager as its
senior representative to the City, The CM Principal shall perform those duties required in this Agreement and
shall have the authority to commit and obligate the CM, and to fully act for the CM in all maters,
1.9 Claim: A "Claim" is a demand, assertion, dispute or other such claim by one of the parties hereto
arising out of or based upon the terms and conditions of the Contract Documents.
1,10 Contract Amendment or Change Orders: "A Contract Amendment" or "Change Order" shall
mean a written order to the Construction Manager approved by the City, as specified in this Agreement, and
signed by the City's duly authorized representative, authorizing a change in the Project or the method and
manner of performance thereof, or an adjustment in the fees or completion dates, as applicable, and executed
by the City, CM and the AlE, Contract Amendments and/or Change Orders affecting changes to the Work shall
be countersigned by the CM and the AlE. Contract Amendments and/or Change Orders shall be approved by
the City Commission if they exceed Twenty-Five Thousand Dollars and 00/100 ($25,000,OO), or by the City
Manager if they are Twenty-Five Thousand Dollars and 00/100 ($25,OOO,OO) or less in amount (or such other
amount as may be specified by the City of Miami Beach Code, in its Procurement Ordinance, as same may be
amended from time to time), Even for Contract Amendments and/or Change Orders for less than Twenty-Five
Thousand Dollars and 00/100 ($25,OOO.00) the City Manager shall retain the right to seek and obtain
concurrence of the City Commission for approval of any such Contract Amendments and/or Change Orders
1 .11 Construction Change Directive: The term "Construction Change Directive" shall mean a written
directive to effect changes to the Work, prepared by the AlE and executed by the City.
1,12 Construction Estimate: The term "Construction Estimate" shall mean a cost estimate for the
completion of the entire Scope of Work for the Project, which estimate shall include all components of the Cost
of the Work, as well as the Construction Fee for the Project. This estimate is initially established as $3,900,000
which is the sum budgeted by the City for the construction cost for the Project.
3
1.13 Construction Manager (CM): The firm of KVC Constructors Inc." whose principal address is, 9499
NE 2ND Avenue, Suite 205, Miami Shores, Fl., 33138, as selected by the City pursuant to Resolution No.
2006-xxxxx, to provide services of Construction Management At-Risk for this Project. Acceptance of the GMP
by the City shall result in the CM functioning from that point forward as a General Contractor under the terms
and conditions of the Contract Documents, as same may be amended, which will go into effect at the time of
GMP acceptance,
1,14,1 (Intentionally Omitted)
1.14.2 The Construction Manager shall be liable for its services, responsibilities and liabilities under this
Agreement, as well as the services, responsibilities and liabilities of any subconsultants, and any other person
or entity acting under the direction or control of the Construction Manager. When the term "Construction
Manager" or "CM" is used in this Agreement, it shall be deemed to include any subconsultants and any other
person or entity acting under the direction or control of CM. Any subconsultants retained by Construction
Manager pursuant to this Agreement and the Project, must receive the prior written approval of the City,
1,15 Construction Manager's Fee: The term "Construction Manager's Fep" or "Fee" shall mean, for
purposes of this Agreement only, a fixed fee, ip the amount of $75,000, representing the Fee negotiated for
CM's Preconstruction Services, as contemplated herein. Notwithstanding anything to the contrary, if the GMP is
not accepted by the City and the Agreement is terminated, the Construction Manager shall be entitled to receive
only that portion of the Fee herein, representing all work performed to date relating to the Project.
1,16 Construction Phase Services: The term "Construction Phase Services" shall mean and anticipates,
in a subsequent amendment to this Agreement, and further, in the event the City approves the GMP, the
services to be performed by or through the Construction Manager during the Construction Phase of the Project,
including, without limitation, the Work for the Project, and such other services as called for by this Agreement
and any amendments hereto, or reasonably inferred there from,
1.17 Construction Schedule: The term "Construction Schedule" shall mean a critical path schedule or
other construction schedule, as defined and required by the Contract Documents.
1.18 Construction Team: The term "Construction Team" shall mean the construction team consisting of
representatives of the Construction Manager, the City, and the AlE.
1,19 Contingency: The term "Contingency" shall mean a line item contingency amount contained in the
Schedule of Values for the Project, which contingency amount, if accepted by the City, shall be included within
the GMP for the Project, and shall accordingly be referenced in the [GMP] Amendment to this Agreement.
Pursuant to said Amendment, the Contingency shall be used as a source of funds for the costs reasonably and
necessarily incurred and paid by the Construction Manager, which costs shall be at rates not higher than the
standard paid in the locality of the Work, as follows: (i) in connection with the proper performance of Work
required hereunder which Work was unforeseeable by the Construction Manager, the AlE and the City at the
time of execution of the GMP Amendment pertaining thereto, notwithstanding the Construction Manager's
exercise of due diligence in connection therewith; and (ii) to the extent that any portion of the Contingency
4
remains unallocated on the date of Final Completion and after the issuance of final payment for the Project,
which remaining portion of the Contingency shall accrue to the benefit of the City. The Contingency amount, if
any. shall be set forth in the GMP Amendment for the Project, on its face and within the Schedule of Values
attached thereto, The Contingency amount shall be used at the discretion of the City and must be approved
prior to the CM using it.
1.20 Contract: The term "Contract" means the contract formed by all of the Contract Documents, including
this Agreement and any amendments hereto,
1.21 Contract Documents: The "Contract Documents" include Resolution No. 2006-xxxxx; this
Agreement, and all attachments, exhibits, and amendments thereto; the AlE Agreement, attached as Exhibit VII
hereto; and such other documentation as may be listed as an attachment and/or an exhibit to this Agreement.
Upon execution of the GMP Amendment, the Contract Documents shall be expanded to include, in addition to
those items listed above, those documents identified by the GMP Amendment and the attachments and
exhibits thereto.
,1.22 Contract Time: The time period defined within this Agreement for the Construction Manager to submit
. the GMP.
1.23 Drawings: The "Drawings" shall refer to the graphic and pictorial provisions of the Work identified as
the Drawings in the GMP Amendment; Change Order. or Construction Change Directive issued and executed
in accordance with the Agreement, including without limitation, all notes schedule and legends on such
Drawings.
1.24 General: Except as defined herein, or as otherwise defined in the Contract Documents, words which
have well-known technical meanings or otherwise have accepted construction industry meanings are used in
the Contract Documents in accordance with such well-known or accepted meanings,
1 .25 General Contractor: The term "General Contractor" shall refer to the CM after acceptance by the City
of the GMP Amendment. The CM shall be duly licensed as a General Contractor pursuant to Chapter 489,
Florida Statutes.
1.26 Guaranteed Maximum Price: The term "Guaranteed Maximum Price" or "GMP" shall mean the sum
certain set forth in the GMP Amendment as the Project price that the Construction Manager guarantees not to
exceed for the Project for all services within the Agreement, as same shall be amended upon acceptance of the
GMP by the City not to include the Preconstruction Services Fee.
1.27 GMP Amendment: The term "GMP Amendment" shall mean the GMP Proposal for the Project, if any,
accepted by the City, in its sole discretion, in substantially the same form as attached as Exhibit "I", (or a
p!lased pQtljor:!!.lrereQ'fj hereto, which Amendment shall automatically become a part hereof upon the City's and
Construction Manager's execution of the same and shall establish. among other things. the GMP, the names of
the Construction Manager's on site-management and supervisory personnel for the Project; and the Contract
Time for the Project. The -<~~JtyqDticip,afe.!5, that the Proj~ct will be pha;:;ed and that each pha~g wtll require a
separate GMP Amendm~nt.
5
1.28 GMP Proposal:The term "GMP Proposal" shall mean a proposal for completing the Project, which
proposal shall include the proposed Guaranteed Maximum Price for the construction of the Project, as provided
by the Construction Manager and accepted by the City based upon the Drawings and Specifications; the
Contract Documents; and the Memorandum of Changes. The City has no obligation to accept the GMP
Proposal regardless of the amount or its relationship to estimates provided.
1.29 Laws: The term "Laws" shall include all Federal, State, County and local laws, statutes, regulations,
ordinances, rules and building codes applicable to the Project, including, without limitation, orders of any public
authority having jurisdiction over the Project, building, labor, safety, licensing or environmental laws and local
building codes, building standards and trade practices affecting the Project, as same may be amended from
time to time,
1,30 Memorandum of Changes: The term "Memorandum of Changes" shall mean a written summary of
the Construction Manager's recommended modifications to the Drawings and Specifications relating to the
Project based on an evaluation of the Project requirements; on and off-site development; survey requirements;
and Project budget requirements; and a review of the design documents; and the Drawings and Specifications;
and the Contract Documents,
1.31 Phase 1- (30%) Schematic Design Documents: The term "Phase I - Schematic Design
Documents" shall mean Drawings and other documents illustrating the scale and relationship of the Project
components, and as further defined by the AlE Agreement. CM's knowledge of and coordination with said
Agreement is incorporated herein,
1.32 Phase 1I-{60%) Design Development Documents: The term "Phase 11- Design Development
Documents" shall mean the Drawings and Specifications and other documents which fix and describe the size
and character of the entire Project as to architectural, structural, mechanical and electrical systems, materials
and such other elements, as may be appropriate, and as further defined by the AlE Agreement. CM's
knowledge of and coordination with said Agreement is incorporated herein.
1.33 Phase III (100%): Construction Documents: The term "Phase 111- Construction Documents" shall
mean the Drawings and Specifications setting forth in detail the requirements of the construction of the Project,
and as further defined by the AlE Agreement. CM's knowledge of and coordination with said Agreement is
specifically required of the Construction Manager.
1.34 Preconstruction Services Fee:The term "Preconstruction Services Fee" shall mean the fixed fee for
the services contemplated in this Agreement, in the amount of $75,000, for CM's services performed during the
Design Phase related to the Project, which fee includes all direct and indirect costs incurred by the Construction
Manager in the proper performance of the Pre-Construction Phase Services contemplated under this
Agreement.
1.35 Preconstruction Phase Services: The term "Preconstruction Phase Services" shall mean the
services which the Construction Manager shall perform in reviewing the design and for the Bid and Award
Phases of the Agreement, and culminate with exercise by the City of one of the City's options regarding the
6
GMP Proposal.
1.36 Project: The term "Project", in its entirety shall mean that certain portion of the City construction project
referenced in Resolution No. 2006-xxxxx, involving the renovation of the Scott Rakow Youth Center. The
City anticipates that the Project will be phased and that each phase as set forth below, will require a separate
GMP Amendment. The final phasing of the Project will be determined by the CM, CONSULTANT and City
jointly. The phasing plan outlined below may be different from the plan agreed upon by the CONSULTANT, CM
and the City. The total GMP Amendments will comprise the entire Project. The City anticipates the following
Phases for the Project:
Phase 1 A: Entry Addition. Elevator and Plaza
Phase 1 B: Convert Old Ice Rink to Multi Purpose Room
Phase Two: First Floor Renovations
Phase Three: Second Floor Renovations
Phase Four: New Parkinq Other Site Work
Phase Five: New Play Area and Golf Course Starter
Phase Six: New Pool Manaqer's Office
1.37 Schedule of Values: The term "Schedule of Values" shall mean the schedule of values, setting forth
the detailed cost breakdown, including labor, materials and taxes, of the GMP set forth in the applicable GMP
Proposal, the sum of which shall not exceed the GMP,
1.38 Scope of the Work: The term "Scope of the Work" shall mean all services, labor, materials equipment,
operations and construction management services that are indicated in, or reasonably inferable from the
Contract Documents.
1.39 Specifications: The "Specifications" consist of any and all written requirements for materials,
equipment, construction systems, standards and workmanship for the Work which are identified as the
Specifications in the GMP Amendment, Contract Amendment(s), or Construction Change Directive(s) issued
and executed in accordance with the Agreement.
1.40 Subconsultants:
1.40,1 A "Subconsultant" is a person or entity which has a direct contract with the Construction Manager to
perform or supply a portion of the Work and the term includes such Subconsultant's authorized representatives,
Construction Manager shall obtain prior written approval of the City prior to changing or modifying the
subconsultants and other professional associates, Any such services performed by any Subconsultants shall
be passed through to City without additional charge by the CM, All such work shall be itemized on invoices
from such Subconsultants, showing work performed and charges incurred.
1.40.2 The Construction Manager represents that it has made and will make reasonable investigation of all
Subconsultants to be utilized in the performance of work under this Agreement to determine that they possess
the skill, knowledge and experience necessary to enable them to perform the services required, Nothing in this
Agreement shall relieve the Construction Manager of its prime and sole responsibility for the performance of the
7
Work under this Agreement.
1.40.3 All rates, multipliers and any other fees charged by any Subconsultants shall be not more than those
rates, multipliers and other fees in any contracts that any such Subconsultants may have either with the City
directly or as a Subconsultant under some other City agreement or more than what is typically charged in the
industry.
1.40.4, Construction Manager shall bind each and every approved Subconsultant to the terms stated in this
Section and shall require the proper licensing of such Subconsultants.
1.40.5 If any of the services outlined in this Agreement are furnished by Construction Manager by obtaining
the services of Subconsultants, Construction Manager shall provide City with proposals and contracts between
the Subconsultants and Construction Manager outlining the services to be performed and the charges for
same, together with any other documentation required by City.
1.41 Substantial Completion: The term "Substantial Completion" is as defined in the Contract Documents,
as same may be amended,
1.42 Substantial Completion Date: The "Substantial Completion Date" shall mean the date which the NE certifies
to the City by means of a certificate of Substantial Completion as the date when the Construction Manager has
achieved completion of the Project ~PQ~,~~e.tbEi[eor in accordance with the General Conditions of the
Contract Documents and applicable laws and the City of Miami Beach Buildinq Department issues a
Certificate of Occupancy (CO) or (Certificate of Completion(CC) for Renovation Proiects.)
Notwithstanding the preceding, if a situation arises beyond the control of the CM, and the issuance of a
Certificate of Temporary Occupancy (TCO) is granted by the Building Department, then the City may deem at
its sole and reason_ib'ie discretion, that the Project 9r..ilny phase thereof has been Substantially Completed.
1.43 Taxes: The term "Taxes" shall mean all taxes related to the performance of the Work or any portion thereof,
including but not limited to, all sales, consumer, use, occupational, excise, social security, unemployment
compensation and similar taxes.
1.44 Work: The term "Work" means all supervision, labor materials and equipment required by the Contract
Documents to be provided by or through the Construction Manager for the entire Project and all other services
necessary to fulfill the Construction Manager's obligations hereunder to perform the Scope of the Work,
including, as the context may require, any portion of the Work with respect to the Project. The uncapitalized
term work is used in its ordinary sense,
1.45 Proposal Documents: (Intentionally Omitted),
1.46 Force Majeure: "Force Majeure" shall mean any delay occasioned by superior or irresistible force(s)
occasioned by violence in nature without the interference of human agency such as hurricanes, tornados, flood
and loss caused by fire and other similar unavoidable casualties; changes in federal law, state or local laws,
ordinances, codes or regulations, enacted after the date of this Agreement and having a substantial impact on
the Project; other causes beyond the parties control; or by any other such causes which the City and the
Construction Manager decide in writing justify the delay, Provided, however, that market conditions, labor
8
conditions, construction industry price trends, and similar matters which normally impact on the bidding process
shall not be considered a Force Majeure,
ARTICLE II
RELATIONSHIP OF CITY AND CONSTRUCTION MANAGER
2,1 The Construction Manager accepts the relationship of trust and confidence established between it and the City
by this Agreement. The Construction Manager represents that it will furnish its best skill and judgment in
performing the CM's services and the Work, and shall always act to further the interest of the City in the
expeditious completion of the Project, at the lowest responsible cost to the City, and in strict accordance with
the Contract Documents and prudent and customary construction practices.
2,2 By signing this Agreement, the Construction Manager accepts a fiduciary duty with the City and warrants and
represents to the City that the Construction Manager:
a) has all licenses and certifications required by applicable law to perform the CM's services and the
Work;
b) is experienced in all aspects of preconstruction and construction planning for projects similar to the
Project;
c) will act in the City's highest and best interest in performing the CM's services and the Work; and
d) that no employee or affiliate of the Construction Manager, including all subconsultants, subcontractors
and suppliers, at any tier, has been convicted of a public entity crime, fraud, theft, and/or property
damage crime within the preceding thirty-six (36) months from the date of execution of this Agreement,
pursuant to Section 287,133, Florida Statutes.
The Construction Manager acknowledges and agrees that the City is relying on these representations and covenants as
a material inducement to enter into this Agreement.
ARTICLE III
THE CONSTRUCTION MANAGER SERVICES
3.1 GMP Amendment
The parties are entering into this Agreement before Contract Documents are sufficiently complete to establish the GMP;
therefore, it is anticipated that one or more GMP Amendments will be executed to establish the GMP and incorporate
subsequent documents that fully describe the scope of the Work included in the GMP. Each such Contract Amendment
and additional Contract Documents shall become a part of this Agreement as if fully set forth herein, The GMP for the
Project must be established no later than, ,2007, (See Attached Schedule in Exhibit II) after issuance
of an initial Notice to Proceed by the City pursuant to this Agreement; otherwise this Agreement shall terminate pursuant
to Article VI herein,
The City anticipates that the Project will be phased and that each phase, as set forth below, will require a separate GMP
9
Amendment. The total GMP Amendments will comprise the entire Project.
Phase 1A: Entry Addition, Elevator and Plaza
Phase 1 B: Convert Old Ice Rink to Multi Purpose Room
Phase Two: First Floor Renovations
Phase Three: Second Floor Renovations
Phase Four: New Parkinq Other Site Work
Phase Five: New Play Area and Golf Course Starter
Phase Six: New Pool Manaqer's Office
3,2 The Services of the Construction Manager shall include, but are not limited to, those described or specified
herein. The Services described herein shall not be deemed to constitute a comprehensive specification having the
effect of excluding services not specifically mentioned, The Construction Manager's Services shall include, without
limitation, all of the Preconstruction Services set forth in this Agreement and, upon approval by the City of the GMP, and
as contemplated in the GMP Amendment (or Amendments), and such other amendment(s) as necessary to fix and
describe the parties' respective rights and responsibilities with respect to the Work and the Project, all of the
Construction Services required to complete the Work in strict accordance with the Contract Documents, and to deliver
the Project to the City at or below the GMP, when established, and within the Contract time,
3.3 Pre-Construction Services.
3.3,1. Generally - The Construction Manager shall review Project requirements, existing on-site and off-site
development, surveys and preliminary budget, and make recommendations to the City for revisions, The
Construction Manager shall prepare a preliminary Project Schedule in accordance with the Contract
Documents and in coordination with the City and the ArchitecUEngineer, identifying all phases, critical path
activities, and critical duties of each of the Project team members, The Construction Manager shall, at each
remaining design phase (i.e. design development; 30%; 60% and 100% construction document), review the
plans and advise the City and the ArchitecUEngineer regarding the constructability of the design and of any
errors, omissions, or conflicts it discovers. The Construction Manager shall prepare an outline of proposed bid
packages and detailed cost estimates, and advise the City regarding trends in the construction and labor
markets that may affect the price or schedule of the Project. The Construction Manager shall attend all Project
related meetings. The Construction Manager's Preconstruction Services shall be provided, and the City shall
compensate Construction Manager for such services, based upon a fixed fee, in the amount of $75,000
representing the Construction Manager's Fee. At the conclusion of the Preconstruction Services, the
Construction Manager shall, without assuming the duties of the ArchitecUEngineer, warrant to the City, that the
plans, specifications and other Contract Documents are consistent, practical, feasible and constructible, and
that the Project is constructible within the contract time.
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ARTICLE IV
DUTIES AND RESPONSIBILITIES
The CM shall perform the following responsibilities and duties:
4,1 All CM procedures, recommendations, documentation, record retention, etc. must conform to the Project
requirements including applicable sections of the City's procedures, Architect and Engineer's procedural
manual; master specifications; general conditions of the Construction Agreement; (and other) applicable codes,
regulations and procedures that may be required at the State, County, City or any agency, utility or similar
governmental entity,
4,1.1. Develop, for City approval and for full compliance by CM, of a Project specific procedures manual detailing the
entire Project process, including at minimum the following:
a) Exhibit I (GMP Amendment); Exhibit II (Schedule); Exhibit III (Declaration); Exhibit IV
(Sworn Statement Section 287,133(3)(a)FS on Public Entity Crimes; Exhibit V
(Questionnaire); Exhibit VI (Insurance Checklist); Exhibit VII (AlE Agreement); Exhibit
VIII (General Conditions of the Construction Contract); Exhibit IX (Best Value
Amendment); Exhibit X (Qualification Submittal Documents);and this Agreement.
b) Construction coordination, scheduling, communication and documentation procedures
among the CM, the ArchitecUEngineer, subcontractor(s), subconsultant(s), and other
departments or organizations who require coordination with and/or input into the
Work.
c) Project reports (monthly).
d) Request for Information.
e) Contract Amendment(s) process,
f) Shop Drawing submittal.
g) Project closeout.
Said procedures manual to be presented no later than with first application for payment.
4.2 Coordination and Schedulina
4,2,1 Coordination with AlE - In providing the Construction Manager's services described in this Agreement, the CM
shall maintain a working relationship with the ArchitecUEngineer. However, nothing in this Agreement shall be
construed to mean that the CM assumes any of the responsibilities or duties of the AlE. The CM shall be solely
responsible for construction means, methods, techniques, sequence and procedures used in the construction
of the Project and for the safety of its personnel, property, and its operations for performing in accordance with
the CM's Agreement with the City, The AlE is responsible for the requirements of the Project, as indicated in
the Agreement between the City and the AlE. The CM's services shall be rendered compatibly and in
cooperation with the AlE's services to the City. It is not intended that the services of the AlE and the CM be
competitive or duplicative, but rather be complimentary,
II
4,2,2
4.3
4,3,1
4.3,2
4,3.3
4.3.4
Schedulinq - The CM shall meet immediately upon execution of this Agreement with the ArchitecUEngineer and
City representatives to review the AlE Agreement (final) and the Project as referenced in Schedule D of the AlE
Agreement. The CM shall ensure that the parties jointly review, modify as necessary, and agree to a single
design schedule, to be called the revised most current Schedule to the AlE Agreement. This schedule shall be
submitted to the City within fourteen (14) days of execution of this Agreement. Should the parties not be able to
reach final agreement on a revised schedule for purposes of the Project, which include(s) a schedule for all CM
services, which the CM believes to be fair, reasonable, and in the best interest of the Project. The City shall
then determine what schedule is to be utilized, and the City's decision with regard to same shall be final, and
binding upon the parties.
Desi~m Phase
Review of DesiQn Documents - The CM shall review the design documents and make recommendations to
the City and to the AlE as to constructability, cost, sequencing, scheduling, and the time of construction, as to
clarity, consistency and coordination of documentation, The recommendations resulting from such review will
be provided to the City and AlE in writing and as notations on the design documents. This review and the
accompanying writing notations shall be submitted with the documents for review by the City at each Phase of
design review as noted in the AlE Agreement (Exhibit VII),
Responsibilitv - The CM, as a result of the above-noted review of the design documents and
recommendations provided to the City, shall utilize its best efforts to assure the coordination of drawings with
the written specifications. This includes but is not limited to, the CM's review of the construction documents in
coordination of the drawings and specifications themselves, with the existing buildings and sites to ensure
proper coordination and constructability and lack of conflict, and to minimize unforeseen conditions, The CM
shall, during this phase, be responsible for the proper identification and location of all utilities, services, and
other underground facilities which may impact the Project. The CM specifically agrees that no Contract
Amendments shall be requested by the CM or considered by the City for reasons involving conflicts in the
documents, questions of clarity with regard to documents, incompatibility, or conflicts between the documents
and laws, the existing conditions, utilities, and unforeseen underground conditions,
Preliminary SchedulinQ - The CM will submit to the ArchitecUEngineer for comment and to the City for
approval a proposed schedule for the Project at the time the 60% design documents are to be submitted to the
City for review, That schedule shall include such bid and construction activities as well as reasonably outline
the approach the CM intends to take for the Project. This requirement is in addition to any other scheduling
requirements which may be contained in the contract documents and shall be compatible with same. The CM
shall include in the above-noted schedule a proposed construction sequencing plan for the Work,
EstimatinQ and Cost Control - The CM shall prepare detailed cost estimates and updates throughout the
Design Phase leading up to the bidding phase of the Project. The CM shall submit same with the submittal of
each Phase of design review in accordance with the most current AlE Agreement and at such other times as it
may be requested by the City. The estimates by the CM shall show the estimated amount of the GMP. They
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shall be in such detail as the City may require, ,and shall not exceed the construction budget of $3,900,000.
a) Should the CM's estimated GMP exceed the Budget, the CM shall include with said
estimate written suggestions for bringing the Project within Budget. The City, at its
sole option, may adjust the Budget or it may direct the CM to coordinate with the
ArchitecVEngineer to reduce the estimated cost of the Project through Value
Engineering, re-design by the ArchitecVEngineer, re-estimating, obtaining additional
pricing, scope reduction and/or other at no cost to the City; or it may choose to
continue under subparagraph (b) below,
b) The City shall determine, after receipt and review of each estimate, whether the CM
shall continue to perform the services of the Agreement without requiring adjustment
of the most current CM estimated GMP. The City may, at its sole option, determine to
proceed with the Project without Budget adjustment or any other change to the
Project. This shall in no way obligate the City to accept the CM's GMP Proposal
whether or not it is within the estimate or whether or not it is within the Budget. The
City in this and all cases may reject the GMP at its sole discretion and proceed to
exercise its options as identified in this Agreement.
c) The CM and AlE shall advise the City immediately when the AlE or CM estimate
exceeds the construction budget.
4.3.5 General Coordination - The CM shall coordinate with and include activities in both the schedule referred to in
this Section and other schedules required in the Contract Documents the work of consultants, testing labs, and
other consultants employed by the City as well as the reviews required by the City and other agencies and the
ArchitecVEngineer.
4.3.6 Permits and Fees - The CM will be responsible for coordinating with the ArchitecVEngineer the submittal of all
required documents for permits, CM shall be responsible for obtaining any and all permits and paying any and
all related fees for the Work, The City shall not pay the CM any additional sums beyond the Preconstruction
Services Fee and the GMP for these services, Fees for building permits issued by the City of Miami Beach
shall be waived. Fees for other permits shall be the responsibility of the CM,
4.3.7 Desian Services - N/AJ
4.3.8 Memorandum of Chanaes -The CM shall submit to the Owner the CM's Memorandum of Changes in
sufficient time and as scheduled so it may be reviewed b.Y,Jh~2YE;EQ.Q}he City against the Contract Documents
and any corrections, modifications, additions, or changes be incorporated prior to commencing the Bid and
Award Phase. The Memorandum of Changes shall include a summary of all recommendations made by the
CM in fulfilling the CM's duties with regard to the Contract Documents. The CM shall identify any
recommendations not incorporated into the documents. The City shall either direct that same be incorporated
or explain in writing why the recommendation is rejected.
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4.4 Bid and Award Phase
4.4.1 PreQualification - The CM shall prepare a subcontractor's prequalification plan in compliance with the
requirements currently determined by the City, The CM shall submit to the City the CM's list of pre approved
Subcontractors for each element of the Work to be subcontracted by the CM. This list shall be developed by
the execution by the CM of the subcontractor's prequalification plan noted above. The City reserves the right to
reject any subcontractor proposed for any bid to be considered by the CM. Any claims, objections or disputes
arising out of the prequalification plan or list are the responsibility of the CM, The CM shall hold harmless,
indemnify, and defend the City, its employees, agents, and representatives in any matter arising out of the
prequalification plan and/or the subcontractor's list, except where the sole cause of the matter is a City directed
decision,
4.4.2 Scope of Work - The CM shall receive subcontract proposals which, when combined with the work the CM
intends to do with its own forces, shall represent the entirety of the Scope of Work required of this Agreement.
4.4.3 Pre-Bid Conferences - The CM shall schedule and conduct pre-bid conferences for subcontractors and the
City to ensure the availability of such subcontractors, material suppliers, etc. for this pre-bid conference, The
CM shall be solely responsible for the content of the pre-bid conference,
4.4.4 Subcontract Bidding - The CM shall schedule, in coordination with the Architect/Engineer and the City, the
acceptance, review and award of the bids to qualified responsive and responsible Subcontractors. Said bids
from subcontractors shall be in writing and shall be opened and reviewed with the Architect/Engineer and the
City prior to award by the CM.
4.5 The Guaranteed Maximum Price
4.5.1 Calculation/Negotiation of the Guaranteed Maximum Price- After taking, reviewing and identifying the
lowest acceptable bids from responsive and responsible subcontractors, the CM shall propose to the City, a
Guaranteed Maximum Price, which shall be the sum of the proposed subcontracts and the CM's General
Conditions (including any fee, profit, overhead and all like amounts) and the agreed upon Contingency. The
Guaranteed Maximum Price shall be the full and complete amount for which the CM agrees to go forward from
the receipt of subcontract bids to the full completion of the Project.
4.5.2 Acceptance of GMP - Upon acceptance and execution of the GMP Proposal, by the City, the CM shall enter
into subcontract agreements with the subcontractors selected for the amounts included in the GMP Proposal
for that subcontract work, and shall function as a General Contractor and comply with the Contract Documents
accordingly with regard to the Project as well as a Construction Manager with regard to other services required
by the Contract Documents,
4.6 Time of Performance
4.6.1 Conformance with Approved Schedule- The CM shall perform all the duties required by this Agreement in
such a way and time as to conform to the most current Schedule "D" of the AlE Agreement.
4.6.2 Review and Acceptance of Schedule- In executing the Agreement, the CM acknowledges specifically that the
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CM has reviewed the most current Schedule "D" of the AlE Agreement, has given any necessary input to the
City regarding any need to modify that schedule to accommodate the CM at Risk process, and shall not be
entitled to additional time or money in order to conform the CM services to that schedule.
4.6.3 Preparation and Delivery of the CM at Risk Schedule- Within fourteen (14) days of the effective date of this
Agreement the CM shall present to the City a schedule for the CM's duties, deliverables, and requirements
showing the start and completion of design phase activities to be performed by the CM. This schedule shall be
in conformance with the most current Schedule "D" of the AlE Agreement.
4.7 PAYMENT BREAKDOWN
PRE-CONSTRUCTION SERVICES
1 , Design Review, Constructability & Value Engineering $10,200
2. Review of On-site & Off-site Conditions $3,300
3, Cost Estimating & Cost Controls $25,500
4, Scheduling $2,500
$32,500
5, Bidding (GMP Submittal & Negotiations)
$1,000
6, e-Builder License
$0
7, Contingency
$75,000
8, TOTAL PRE-CONSTRUCTION SERVICES FEE
4.7.1 Application for Payment Submittal- The CM shall submit monthly an application for payment for the
proportional amount of the Preconstruction Services Fee which shall be determined by dividing the
Preconstruction Se.rvices Fee by the number of months from the effective date of this Agreement until the
scheduled submittal of the GMP proposal by the CM, Delays to the schedule shall result in re-calculation of the
monthly application amount by dividing the amount of Preconstruction Services Fee remaining by the number of
months currently remaining until the first submittal of GMP Proposal.
4.7.2 Time Extensions- In the event the performance of the CM is delayed by reasons outside the CM's control, the
CM shall request in writing an extension of time for the contract requirements of this Agreement. Said request
for extension shall include a proposed revised schedule, and documentation as to the cause of the delay. The
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CM's sole remedy for delays which impact the time of performance of this Agreement shall be a time extension.
No damages for delay shall accrue to the benefit of the CM as a result of any delays to the performance of this
Agreement. Specifically, the CM agrees that the failure of the Architect/Engineer to maintain the design
schedule shall be non-compensable to the CM and CM's sole remedy shall be an extension of time,
4.7.3 Extra Services- Should the CM be requested or required by the City to provide services which the CM believes
are outside and/or in addition to the scope of this Agreement, the CM shall within five (5) days of being
requested to perform such services, notify the City in writing of the CM's opinion that they are extra services to
this Agreement, the reason the CM believes they are outside the scope of this Agreement, and the proposed
costs, and time impact, if any, for the performance of same. The City may direct the CM to proceed with such
services pending a final determination as to the compensation, In such case, the CM's right to consideration
shall not be waived by proceeding as directed.
4.8 City's RiQht to Require Documentation and Audit
The City may, as deemed necessary, require from the CM support and/or documentation for any submission.
Upon execution of the Agreement, the CM agrees that the City shall have unrestricted access during normal
working hours to all CM's records relating to this Project including hard copy as well as electronic records for a
period of three years after final completion.
ARTICLE V
GMP PROPOSAL AND ACCEPTANCE/REJECTION
5.1 Subcontract Bids
The CM shall open subcontract bids from the pre-approved list of potential subcontractors at a time and place
scheduled with the City's Project Coordinator and such other City Representatives in attendance.
a) The CM shall provide a summation and analysis of the apparent low subcontract bids including the identity
of any apparent low subcontract bidders which the CM does not wish to employ. Such identification and
proposal of non-utilization by the CM shall require specific written reason for same,
5.2 CM Fee. Profit. General Conditions. ContinClency
The CM shall propose the amount to be included in the GMP for the Construction Manager's General
Conditions costs and the Contingency as defined herein,
5.3 The sum of the totals of the two above paragraphs shall comprise the proposed GMP for the Project and shall
form the basis of negotiations between the CM and the City.
a) The City shall have the option of accepting or rejecting the GMP as presented by the CM. Should the
GMP be accepted, the GMP Amendment reflecting that acceptance will be executed, and the Contract
Price increased by the GMP amount. Should the GMP not be accepted, the City may at its option:
i) Reject the GMP and direct the Architect/Engineer and CM to investigate, redesign, develop for
City approval value engineering possibilities, and other cost savings and to re-submit a new,
lesser, proposed GMP, This may at the City's option, include reduction in scope, All to be
done at no additional cost to be City,
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ii) Reject the GMP, take possession of the plans and specifications, and bid the work to a
General Contractor or otherwise complete with other forces or take such action, if any, that the
City may determine is in its best interest. In this event, the CM shall not perform nor be
compensated for, any services on the Project beyond the agreed Construction Manager's Fee
herein, In the event any option under this subparagraph is chosen by the City, the CM is
obligated to immediately turnover to the City all plans, specifications and other project related
documentation.
iii) If and when accepted by the City, the GMP shall be formalized by the execution of the GMP
Amendment (Exhibit I).
iv) The City shall determine, after each negotiation session, unless agreement is reached, if
further negotiations are warranted. If not, the negotiations shall be declared not to be
successful and the City shall take possession and ownership of all documents produced for
the Design and Bid Phase, pay the CM any remaining undisputed Construction Manager's
Fee, and proceed under the requirements noted under this paragraph, and the City and CM
shall be mutually released from any further obligation each to the other.
v) The City shall have no obligation to accept the GMP Proposal of the CM regardless of that
Proposals' relationship to the Budget or the most current estimate or for any other reason.
ARTICLE VI
TERMINATION
6.1 Termination for Cause
The City may terminate this Agreement for cause in the event that the CM (1) violates any provisions of this
Agreement or performs same in bad faith; or (2) unreasonably delays the performance of the Services, and CM
fails to cure same within thirty (30) days following written notice to CM, In that event, such termination shall
become effective upon seven (7) days written notice to CM.
6.1,1 In the event this Agreement is terminated by the City for cause, the City, at its sole option and
discretion, may take over the Services and complete them by contracting with another CM or otherwise, In such
event, the CM shall be liable to the City for any additional cost incurred by the City due to such termination,
"Additional Cost" is defined as the difference between the actual cost of completion of such incomplete
services, and the cost of completion of such Services which would have resulted from payments to the CM
hereunder had the Agreement not been terminated
6.1,2 Payment only for Services satisfactorily performed by the CM and accepted by the City prior to receipt
of a Notice of Termination for Cause, shall be made in accordance with this Article 6 herein and the City shall
have no further liability for compensation, expenses or fees to the CM,
6,1.3 Upon receipt of a written Notice of Termination, the CM shall promptly assemble and submit to the City,
as provided herein or as required in the written notice, all documents, including drawings, calculations,
specifications, correspondence, and all other relevant materials affected by such termination.
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6.1.4 In the event of a termination for cause, no payments to the CM shall be made (1) for Services not
satisfactorily performed, as same shall be determined at the City's option and discretion; and (2) for assembly
of submittal of documents, as provided above,
6.2 Termination for Convenience
The City, in addition to the rights and options to Terminate for Cause, as set forth above, or any other
provisions set forth in this Agreement, retains the right to terminate this Agreement at its sole option, at any
time, for convenience, without cause and without penalty, when in its sole discretion it deems such termination
is in the best interest of the City, upon notice to CM, in writing, fourteen (14) days prior to termination.
6,2,1 In the event the City terminates the CM's services for its convenience, as provided herein, the CM shall
be compensated for all Services rendered up to the time of receipt of said written termination notice, and for the
assembly and submittal to the City of documents for the Services performed, in accordance with Article 6
herein, and the City shall have no further liability for compensation, expenses or fees to the CM, except as set
forth in this Article 6.
6.3 Termination bv CM
The CM may only terminate this Agreement for cause in the event that the City willfully violates any provisions
of this Agreement or unreasonably delays payment for the Services, and has failed to cure same within thirty
(30) days following written notice from the CM. In that event, CM may terminate this Agreement upon written
notice to the City, which termination shall become effective thirty (30) days from the date of said Notice. In that
event, payment for Services satisfactorily performed prior to the date of termination shall be made in
accordance with this Article 6,
6.3,1 The CM shall have no right to terminate this Agreement for convenience of the CM.
6.4 Implementation of Termination
In the event of termination, either for cause or for convenience, the CM, upon receipt of the notice of
termination, shall (1) stop the performance of Services under this Agreement on the date and to the extent
specified in the Notice of Termination; (2) place no further orders or subcontracts except for any that may be
authorized, in writing, by the City, prior to their occurrence; (3) terminate all orders and subcontracts to the
extent that they relate to the performance of the Services terminated by the Notice of Termination; (4) promptly
assemble and submit, as provided herein, all documents for the services performed, including drawings,
calculations, specifications, correspondence, and all other relevant materials affected by the termination; and
(5) complete performance of any Services as shall not have been terminated by the Notice of Termination and
as specifically set forth therein.
6.5 Non-solicitation
The CM warrants that it has not employed or retained any company or person, other than an employee working
solely for the CM, to solicit or secure this Agreement; and that it has not paid, nor agreed to pay any company
or other person any fee, commission, gift or other consideration contingent upon the execution of this
Agreement. For breach or violation of this warranty, the City has the right to terminate this Agreement without
18
liability to the CM for any reason whatsoever.
ARTICLE VII
INDEMNIFICATION
7,1 CM shall, at all times hereafter, indemnify, hold harmless and defend the City, its agents, servants and
employees from and against any claim, demand or cause of action of any kind or nature arising out of the
negligent act, error, or omission of CM, its agents, servants or employees in the performance of services under
this Agreement.
7,2 In the event that CM abandons this Agreement or causes it to be terminated by City, CM shall
indemnify, hold harmless and defend the City, its agents, servants and employees against any loss pertaining
to such termination,
7.3 CM hereby affirms that it shall be responsible for the acts, errors and omissions of its Subcontractors
and it shall indemnify, defend and save harmless the City, its agents, servants and employees from any and all
claims by third parties which may arise on account of services rendered by CM's Subcontractors.
7.4 The provisions of this Section shall survive the expiration or earlier termination of this Agreement.
ARTICLE VIII
MISCELLANEOUS
8.1 Ownership of Documents
All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared or provided by CM in connection with this Agreement shall become the property of the City, and shall
be delivered by CM within ten (10) days after receipt of written notice. Any re-use of documents by City without
written verification or adaptation by CM for the specific purpose intended will be without liability to CM.
8.2 Records
CM shall keep such records and accounts and require any and all CM and Subcontractors to keep such
records and accounts as may be necessary in order to record complete and correct entries as to personnel
hours charged to the Project, and any expenses for which CM expects to be reimbursed. All books and records
relative to the Project will be available at all reasonable times for examination and audit by City and shall be
kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement.
Incomplete or incorrect entries in such books and records will be grounds for City's disallowance of any fees or
expenses based upon such entries. All books and records which are considered public records shall, pursuant
to Chapter 119, Florida Statutes, be kept by CM in accordance with such statutes.
8.3 Equal Opportunity Emplovment
8,3,1 CM agrees that it will not discriminate against any employee or applicant for employment for work
19
under this Agreement because of race, color, religion, sex, age, national origin, disability or sexual orientation
and will take affirmative steps to ensure that applicants are employed and employees are treated during
employment without regard to sexual orientation, race, color, religion, sex, age, national origin, or disability.
This provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer;
recruitment advertising, layoff or compensation; and selection for training, including apprenticeships. CM
agrees to furnish City with a copy of its Affirmative Action Policy.
8.4 Public Entitv Crimes Act
In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is
a CM, who has been placed on the convicted vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with
the City for the construction or repair of a public building or public work, may not bid on leases of real property
to the City, may not be awarded or perform work as a CM, supplier, subcontractor, or subcontractor under a
contract with the City, and may not transact business with the City in excess of the threshold amount provided
in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed
on the convicted vendor list. Violation of this Section by CM shall result in cancellation and may result in CM's
debarment.
8.5 No Contin~ent Fee
CM warrants that it has not employed or retained any company or person, other than a bona fide employee
working solely for CM, to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual or firm other than a bona fide employee working solely for CM any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of
this Agreement. For the breach or violation of this provision, City shall have the right to terminate the
Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
8.6 Assi~nment
This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by CM,
under any circumstances, without the prior written consent of City.
8.7 Insurance
The CM shall comply throughout the term of this Agreement with the insurance requirements stipulated herein.
It is agreed by the parties that the CM shall not commence with work on the Project until satisfactory proof of
the following insurance coverage has been furnished to the City, The Consultant will maintain in effect the
following insurance coverage:
(a) Comprehensive General Liability Insurance in the amount of $1,000,000.00 Single Limit Bodily Injury
and Property Damage coverage for each occurrence, which will include products, completed operations, and
contractual liability coverage. The City must be named as an additional insured on this policy.
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(b) Worker's compensation and employer's liability coverage within the statutory limits of the State of
Florida.
(c) Business Automobile Liability Insurance with minimum limits of one million dollars($1,OOO,OOO) per
occurrence combined single limit for bodily injury liability and one million dollars($1 ,000,000) per occurrence for
property damage liability, Coverage must include owned vehicles and hired non-owned vehicles, The City must
be named an additional insured in this policy.
8.7.1 The Consultant must give thirty (30) days prior written notice of cancellation or of substantial
modifications in the insurance coverage, to the Project Coordinator.
8.7.2 CM shall provide to City a Certificate of Insurance or a copy of all insurance policies required by this
Section, City reserves the right to require a certified copy of such policies upon request. All certificates and
endorsements required herein shall state that City shall be given thirty (30) days written notice prior to
expiration or cancellation of the policy, Should CM fail to obtain, maintain, or renew the policies of insurance
referred to herein, in the required amounts, the City may, at its sole discretion, obtain such insurance, and any
sums expended by the City in obtaining same shall be repaid by CM to City, plus ten percent (10%) of the
amount of premiums paid to compensate City for its administrative costs, If CM does not repay City's
expenditures within fifteen (15) days of demand, the total sum owed shall accrue interest at the rate of twelve
percent (12%) p~fy~~ar until paid and such failure shall be deemed an event of default hereunder.
8.8 All Prior AQreements Superseded/Amendments
This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein; and the parties agree that there are no
commitments, agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements whether oral or written, It is further agreed that no
modification, amendment or alteration in the terms or conditions contained herein shall be effective unless
contained in a written document executed with the same formality and of equal dignity herewith,
8.9 Notices
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by registered
United States mail, return receipt requested, addressed to the party for whom it is intended at the place last
specified; and the place for giving of notice shall remain such until it shall have been changed by written notice
in compliance with the provisions of this paragraph. For the present, the parties designate the following as the
respective places for giving of notice:
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FOR CITY OF MIAMI BEACH:
Jorge E, Chartrand
Director Capital Improvement Projects Office
City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
FOR CONSTRUCTION MANAGER:
Vick S, Crespin, Vice President
KVC Constructors Inc,
9499 NE 2nd Avenue, Suite 205
Miami Shores, Florida, 33138
With Copy To:
Stephen H. Reisman
Pecker & Abramson
1 Southeast 3rd Avenue, Suite 3050
Miami, Florida 33131
8,10 Interpretation
The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule
of strict construction shall be applied against either party hereto. The headings contained in this Agreement are
for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All
personal pronouns used in this Agreement shall include the plural, and vice versa, unless the context otherwise
requires, Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole
and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise
requires, Whenever reference is made to a Section or Article of this Agreement, such reference is to the
Section or Article as a whole, including all of the subsections of such Section, unless the reference is made to a
particular subsection or subparagraph of such Section or Article.
8.11 Protection of Records
CM shall protect from harm and damage all data, drawings, specifications, designs, models, photographs,
reports, surveys and other data created or provided in connection with this Agreement (collectively, City
Property), while such data and materials are in CM's possession. Such duty may include, but is not limited to,
making back-up copies of all data stored by electronic device on any media, taking reasonable actions to
22
prevent damage by impending flood or storm (including, but not limited to, removing the City Property to a safe
location), and establishing and enforcing such security measures as are reasonably available, considering the
customary practice within CM's trade or possession,
8.12 Exhibits and Attachments
In the event of conflict between the terms contains in this Agreement and the terms contained in any of the
documents attached or incorporated herein, the terms of this Agreement shall control and shall be given full
effect.
8.13 Observance of Laws
Throughout the term of this Agreement, the CM shall keep fully informed of all federal, state and local laws,
ordinances, codes, rules, and regulations, and all orders and decrees of bodies or tribunals having jurisdiction
or authority which, in any manner, affect work authorized under the terms of this Agreement, and shall further
take into account all known pending changes to the foregoing of which it should be reasonably aware.. The CM
shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees,
8.14 AQreement Severable; No Waiver
In the event any provisions of this Agreement shall be held to be invalid and unenforceable, the remaining
provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision,
term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the
same by the other party,
8.15 City's Own Forces
The City reserves the right to perform construction and operations related to the Project with the City's own
forces, and to award contracts in connection with the Project which are not part of the CM's responsibilities
under this Agreement.
8.16 GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both
substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation
arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court,
Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CM AND CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
8.17 Limitation of Liabilitv
8,17.1 The City desires to enter into this Agreement only if in so doing the City can place a limit on City's
liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so
that its liability for any such breach never exceeds the Fee paid to CM herein, less any sums paid by the City,
CM hereby expresses its willingness to enter into this Agreement with CM's recovery from the City for any
damage action for breach of contract to be limited to a maximum the Fee paid to CM herein, less any sums
23
paid by the City,
8,17.2 Accordingly, and notwithstanding any other term or condition of this Agreement, CM hereby agrees that
the City shall not be liable to eM for damages in an amount in excess the Fee paid to the CM herein, less any
sums paid by the City, for any action or claim for breach of contract arising out of the performance or non-
performance of any obligations imposed upon the City by this Agreement. Nothing contained in this
subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed
upon City's liability as set forth in Section 768,28, Florida Statutes.
(Remainder of this page left intentionally blank)
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IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written,
ATTEST:
THE CITY OF MIAMI BEACH
Robert Parcher, City Clerk
David Dermer, Mayor
ATTEST:
KVC Constructors, Inc.
Florida Contractor License: CG-C022994, QB-0013609
By:
By:
Katherine Crespin, Secretary
Vick Crespin, Vice-President
Print Name
Print Name
25
'"
EXHIBIT I
"EXHIBIT I" TO CONSTRUCTION MANAGER AT RISK AGREEMENT
DRAFT GMP AMENDMENT
THIS GMP AMENDMENT, made and entered into as of this_day of , ("GMP Amendment")
amends that certain Agreement between Owner, the CITY OF MIAMI BEACH, FLORIDA (also, City) and Construction
Manager, KVC CONSTRUCTORS INC., (hereinafter Construction Manager or CM), made as of the day
of , for the following described Project:
Renovation of the Scott Rakow Youth Center: 2700 Sheridan Avenue, Miami Beach, Florida
WHEREAS, the Owner and the Construction Manager have agreed to amend the Agreement in the manner set
forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, in the
Agreement and the other Contract Documents and for such other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Owner and the Construction Manager do hereby agree as follows:
1. This GMP Amendment is executed in connection with, and is deemed to be part of the Agreement and the
Contract Documents, Wherever the terms of this GMP Amendment and the terms of the Contract Documents are in
conflict, the terms of this GMP Amendment shall govern and control. The terms used herein, unless otherwise defined
in this GMP Amendment, shall have the meanings ascribed to them in the Contract Documents,
2. The following are hereby incorporated into the Contract Documents and made part thereof:
a, The drawings listed on Attachment I, attached hereto, which drawings are made a part of the
Contract Documents by this reference (the "Drawings"); and
b, The specifications listed on Attachment II, attached hereto, which specifications are made a
part of the Contract Documents by this reference (the "Specifications"); and
c. Those documents listed on Attachment III, Additional Contract Documents, attached hereto,
are made a part of the Contract Documents by this reference.
d. Those documents listed on Attachment IV, Construction Manager's Wage Schedule,
attached hereto, are made a part of the Contract Documents by this reference,
e, The Scope of the Work for the Project, is hereby incorporated into the Work.
f. The date of Commencement for the construction of Project shall be
(the "Date of Commencement"),
g. The Construction Manager shall achieve Substantial Completion of the Work for this Project
no later than _ days from the Date of Commencement (the "Contract Time", and final
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completion not later than _ days from the date of Substantial Completion. Failure to meet
either the Substantial Completion or Final Completion dates shall be a material breach of this
Agreement.
h. The City and the Construction Manager acknowledge and agree that the City will suffer
damages if the Construction Manager fails to achieve Substantial Completion of the Work for
this Project, on or before the expiration of the Contract Time, which damages are difficult, if
not impossible, to ascertain with any degree of certainty, Accordingly, if the Construction
Manager fails to achieve Substantial Completion of the Work for this Project on or before the
expiration of the Contract Time, liquidated damages (which are not intended as penalty) shall
be assessed against the Construction Manager in an amount to be calculated in accordance
with the Contract Documents, using the GMP agreed for this Work in this Exhibit as the basis
for calculation, This will occur by virtue of the Construction Manager's failure to achieve
Substantial Completion of the Project within the Contract Time,
i. The Guaranteed Maximum Price for the Project, is hereby guaranteed by the Construction
Manager not to exceed the sum of (the "Project GMP"), based upon the
entire Scope of the Work as described in the Contract Documents, including, but not limited
to, the Drawings and the Specifications, subject only to additions and deductions by Contract
Amendment(s) or Construction Change Directive, as provided in the Contract Documents,
The GMP is more particularly itemized in the Schedule of Values prepared in accordance with
the terms of the Agreement, which Schedule of Values is attached hereto and made a part of
the Contract Documents by this reference. Included in the Schedule of Values and specifically
identified herein, the Contingency included in the Guaranteed Maximum Price is the amount of
j, The Construction Manager shall provide Commercial General Liability Insurance, Automobile
Liability Insurance, Worker's Compensation Insurance, and Builder's Risk Insurance, in
compliance with the provisions of Article II, Insurance and Bonds of the General Conditions of
the Contract for Construction,
k. The Construction Manager shall provide the Public Construction Payment Bond and the Public
Construction Performance and Guarantee Bond, in compliance with the provisions of Article II,
Insurance and Bonds of the General Conditions of the Contract for Construction.
I. By executing this GMP Amendment, the Construction Manager acknowledges that it has
ascertained all correct locations for points of connection for all utilities, if any, required for this
Project: and has identified all clarifications and qualifications for this Project, if any.
m, The Construction Manager's on site management and supervisory personnel for this Project
shall be set forth herein, and incorporated as an exhibit to this Agreement.
n. T9 the extent that the Owner has authorized the Construction Manager, in writing, to perform
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the Work for this Project with the Construction Manager's own forces, the salary and wage
schedule for the Construction Manager's personnel performing such portion of the Work,
agreed upon by the City and the Construction Manager, shall be as set forth on Attachment
IV, attached hereto, and is made a part of the Contract Documents by this reference. The
Construction Manager warrants and represents that the salary and wage schedule includes
the lowest comparable market rates (including any and all benefits, contributions and
insurance) charged by the Construction Manager for comparable contracts to other business
and individuals for similar services, and that such rates are not higher than the standard paid
for this Project.
0, The Construction schedule for this Project is set forth on Attachment V, attached hereto, are
made a part hereof by this reference.
p, Except as expressly provided herein above all of the terms, conditions, covenants,
agreements and understandings contained in the Contract Documents shall remain
unchanged and in full force and effect, and the same hereby expressly ratified and confirmed
by the Owner and Construction Manager.
q. This Amendment may be executed in several counterparts, each of which shall be deemed an
original but all of which shall constitute one and the same instrument.
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IN WITNESS WHEREOF, the parties have affixed their signatures, effective on the date first written above.
FOR CITY:
CITY OF MIAMI BEACH
ATTEST:
By:
By:
City Clerk
Mayor
FOR CONSTRUCTION
MANAGER AT-RISK:
ATTEST:
KVC Constructors, Inc
Florida Contractor License: CG-C022994,QB-0013609
By:
Katherine Crepin, Secretary
By:
Vick Crespin, Vice-President
Print Name
Print Name
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ATTACHMENT I
ATTACHMENT II
ATTACHMENT III
ATTACHMENT IV
ATTACHMENT V
CONTRACT DOCUMENTS:
THE DRAWINGS
CONTRACT DOCUMENTS:
THE SPECIFICATIONS
CONTRACT DOCUMENTS:
GENERAL AND SUPPLEMENTARY CONDITIONS
CONTRACT DOCUMENTS:
CONSTRUCTION MANAGER'S WAGE SCHEDULE
CONTRACT DOCUMENTS:
CONSTRUCTION SCHEDULE
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EXHIBIT II
SCHEDULE
31
EXHIBIT III
DECLARATION
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EXHIBIT IV
Sworn Statement Section 287.133(3) (a) FS on Public Entity Crimes
33
EXHIBIT V
QUESTIONNAIRE
34
EXHIBIT VI
INSURANCE CHECKLIST
35
EXHIBIT VII
AlE AGREEMENT
36
EXHIBIT VIII
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
37
EXHIBIT IX
BEST VALUE AMENDMENT
The Construction Manager agrees to abide by all the required documentation of the City's Performance
Information Procurement System and submit the weekly reports,
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EXHIBIT X
PROPOSAL DOCUMENTS
F:\CAPI\$al/\GRACE\General Project Info\Scott Rakow Phase II-BB-KVC\KVC Contract\KVC-Pre Construction Services Agreement SRYC PH2.<
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