HomeMy WebLinkAbout2001-24335 RESO
RESOLUTION NO. 2001-24335
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROPRIATING FUNDS, IN THE
AMOUNT OF $36,500, FROM THE GENERAL OBLIGATION BOND
PROGRAM, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR PRE-
CONSTRUCTION SERVICES, IN THE AMOUNT OF $36,500, WITH THE
NUMBER ONE RANKED FIRM OF JASCO CONSTRUCTION COMPANY,
PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ), NO. 117-99/00
FOR CONSTRUCTION MANAGEMENT AT RISK FOR THE FIRE
STATION NO.2 RENOVATION AND EXPANSION; AND FURTHER
APPROPRIATING FUNDS, IN THE AMOUNT OF $50,000 FROM THE
GENERAL OBLIGATION BOND PROGRAM FOR TESTING SERVICES,
FOR THE FIRE STATION NO.2 RENOVATION AND EXPANSION.
WHEREAS, on July 17, 1996, the Mayor and City Commission adopted a Resolution,
authorizing the Mayor and City Clerk to execute an Agreement with the firm of ST A Architectural
Group (STA), pursuant to Request For Letters ofInterest No. 133-94/95 (RFLI) for Architectural and
Engineering services for the Renovation and Expansion of Fire Station No.2, and a Master Plan for
the site at 451 Dade Boulevard (the Project); and
WHEREAS, a total of $500,000 was appropriated for the consulting services on the
Project, from funds received by the City pursuant to the Interlocal Cooperation Agreement between
the City and Miami-Dade County regarding the disposition of the 2/3ds portion of the Convention
Development Tax; and
WHEREAS, a total of $4,686,449 was allocated from General Obligation Bond funds for
construction of the Project; and
WHEREAS, on March 9, 1998, the final schemes developed by ST A were presented to the
Land Use & Development Committee; and
WHEREAS, Scheme Beta, which called for the historic restoration of the existing Fire
Station Building; the addition of a new three bay Fire Station; and a reconfiguration of the Public
Works Yard was approved by the Committee; and
WHEREAS, the Administration has studied the use of Construction Management at Risk
(CMR) for the Project in lieu of a standard bidding process; and
WHEREAS, the use of CMR allows for the involvement by a contractor in the process as
early as possible, which in turns affords the City and the design consultant the expertise of the
contractor in determining better means and methods of construction, controls of costs, selection of
subcontractors, etc.; and
WHEREAS, CMR also requires that the contractor provide an initial estimate based on the
construction budget established by the City at $3,775,000 as early as the design development phase
of the Project; and
WHEREAS, the contractor is then responsible for the estimate and for the final Guaranteed
Maximum Price, as established by the Agreement, and must provide the City with cost estimates at
regular intervals to ensure that the Project is within budget; and
WHEREAS, based on the Administration's recommendation, the Mayor and City
Commission authorized the issuance of a Request for Qualifications for Construction Management
at Risk for the Fire Station No.2 Renovation and Expansion on September 13, 2000; and
WHEREAS, an Evaluation Committee selected Jasco Construction Company as the
number-one ranked firm accordingly; the City Manager recommended Jasco to the Mayor and City
Commission and was authorized to enter into negotiations for a Professional Services Agreement
on January 31, 2001; and
WHEREAS, the fee for Pre-construction Services was negotiated with Jasco Construction,
Inc., for an amount of $36,500, in addition to establishing the initial estimate for the Project at
$3,775,000; and
WHEREAS, the Administration now requests that the Mayor and City Clerk execute the
subject Agreement for Pre-construction Services related to Construction Management at Risk with
the number-one ranked firm, Jasco Construction Company, in the amount of$36,500; and
WHEREAS, the Administration further requests the Mayor and City Commission approve
appropriation of the necessary funds, in the amount of $36,500, from the General Obligation Bond
Program to execute the agreement; and
WHEREAS, the Administration further requests the City Commission appropriate funds,
in the amount of $50,000 from the General Obligation Bond Program for testing services for the Fire
Station No.2 renovation and expansion; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission appropriate funds, in the amount of $36,500, from the General Obligation Bond
Program, and authorize the Mayor and City Clerk to execute a Professional Services Agreement for
Pre-construction Services, in the amount of $48,500, with the number-one ranked firm of Jasco
Construction Company, pursuant to Request for Qualifications (RFQ), No. 117-99/00 for
Construction Management at Risk for the Fire Station No.2 renovation and expansion; and further
appropriate funds, in the amount of $50,000 from the General Obligation Bond Program for testing
services, for the Fire Station No.2 Renovation and Expansion Project.
PASSED and ADOPTED this 18th day of April, 2001
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MAYOR
ATTEST:
j~o p~
CITY CLERK
. APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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Mr. Jorge Chartrand
City of Miami Beach
Public Works Department
1700 Convention Center Drive
Miami Beach, Florida 33139
RE: Construction Management at Risk
Preconstruction Services for
Fire Station No.2
2300 Pine Tree Drive
Miami Beach, Florida
Dear Jorge,
We appreciate the opportunity to present this proposal for CM at Risk Preconstruction
Services for the Fire Station No.2 Project. As you are well aware, this project is of
great importance to the continued redevelopment of the City of Miami Beach. We at
Jasco Construction Company will do our utmost to deliver this project to the city with
the highest quality and the lowest possible cost. In order to achieve these objectives,
we proposed the following scope of services.
Scope of Services
As we understand it, this project consists of two phases. The first phase is the
construction of a new fire house facility and the second phase is the historical
renovation of the existing fire station. In addition, the structure and exterior elements of
the new fire house facility will need to withstand a category 5 hurricane wind force. All of
the construction must be performed in concert with the full operations of the Miami
Beach Fire Department.
This is a difficult project and in order to maximize the opportunity for its successful
completion, extra emphasis must be given to analyze the project design. The design
must be reviewed for clarity, constructability, and compatibility with exiting conditions.
Each of the major building components must be analyzed. And overall quality must be
maintained.
During the schematic design phase, our firm will help you manage and control the final
cost of your project by developing conceptual estimates, an overall master schedule
and a realistic construction plan.
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As the design phase moves into the development of construction working drawings, we
provide more detailed budgeting, scheduling, and construction planning feedback to aid
completion of a successful project - on time, within budget.
To maximize the efficiency and constructibility of your project, as the detailed
development of the design and the preparation of the construction working drawings
continues, we will provide additional preconstruction services as follows:
Material procurement and trade contractor analysis; Mechanical, electrical, and
building systems review; Value engineering; Structural system design review;
Constructibility analysis
Therefore, the preconstruction services to be provided by Jasco for this project are as
follows:
Design Phase
During the Design Phase, Jasco will:
1. Review and coordinate the work that the Architect of Record has
prepared.
2. Submit for approval applicable cost and time savings incentive programs.
3. Work and coordinate activities with consultants, contracts, contractors,
testing labs and other services.
4. Review all design documents and existing building/site to ensure
constructability .
5. Prepare detailed cost estimates and monthly updates.
6. Review current budget issues and develop an estimate based on the final
construction documents.
7. Value Engineer costly building components.
8. Establish the master project schedule identifying all phases and milestone
items.
9. Present the City with a construction sequencing/phasing plan.
10. Coordinate with the Architect all permitting applications.
Bid and Award Phase
During the Bid and Award Phase, Jasco will:
1. Identify different bid packages that will represent the entirety of the scope of
work.
2. Provide the City with a list of pre-qualified subcontractors.
3. Schedule an conduct pre-bid conferences with all interested subcontractors,
material suppliers and equipment suppliers.
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4. Accept, review and award bids to qualified responsive and responsible
subcontractors.
5. Justify the use of subcontractors that are not the low bidder.
6. Set detailed procedures for cost and time control updates.
7. Present the City with a proposed GMP base upon the sum of accepted low
subcontract bids and the negotiated construction manager fees for its
construction services including general conditions, profit and overhead.
In addition to the above, we will conduct a project kick-off meeting in which all the project
participants will attend. At this meeting we will develop lines of communication, and
responsibility. At this meeting, the TEAM concept will be established.
Proposed Fees
Design Phase
Kick-off Meeting
Analysis of Existing Conditions
Constructability Analysis
Budgetary Review of Building
Components
Estimate Development
Value Engineering
Preconstruction Scheduling
$17,000.00
Working Drawing Phase
Project Final Estimate
Preconstruction Scheduling
Development of Scope
Narratives
$10,000.00
Bid And Award Phase
$9,500.00
Preconstruction Services Total
$36,500.00
In closing, our staff is comprised of licensed and experienced general contractors and
knowledgeable construction managers and professional engineers. We are committed to
a successful project delivery to the City of Miami Beach and look forward to working with
you.
If you have any questions about this proposal, please do not hesitate to call me or Mr.
Esteban Suarez, the President of Jasco and the assigned eM Principal for this project.
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Sincerely yours,
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Page 4
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
COMMISSION MEMORANDUM NO. 2 ~,tJ \
TO:
Mayor Neisen Kasdin and
Members of the City Commission
DATE: April 18, 2001
FROM:
Jorge M. Gonzalez \. . . ~
City Manager 0 f/- 0
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROPRIATING FUNDS, IN THE
AMOUNT OF $36,500, FROM THE GENERAL OBLIGATION BOND FUND
PROGRAM, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR PRE-
CONSTRUCTION SERVICES, IN THE AMOUNT OF $36,500, WITH THE
NUMBER ONE RANKED FIRM OF JASCO CONSTRUCTION COMPANY,
PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ), NO. 117-99/00
FOR CONSTRUCTION MANAGEMENT AT RISK FOR THE FIRE
STATION NO.2 RENOVATION AND EXPANSION; AND FURTHER
APPROPRIATING FUNDS, IN THE AMOUNT OF $50,000 FROM THE
GENERAL OBLIGATION BOND PROGRAM FOR TESTING SERVICES,
FOR THE FIRE STATION NO. 2 RENOVATION AND EXPANSION.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
FUNDING:
Funds are available from the General Obligation Bond Program, year 2000 series and shall be placed
in the already available Fund 375, Work Order 2146, for Fire Station No.2 Improvements.
ANALYSIS:
On July 17, 1996, the Mayor and City Commission adopted a Resolution, authorizing the Mayor and
City Clerk to execute an Agreement with the firm ofSTA Architectural Group (STA), pursuant to
RFLI No. 133-94(95 for architectural and engineering services for the renovation and expansion of
Fire Station No.2 and Master Plan for the site at 451 Dade Boulevard.
On March 9, 1998, the final scheme developed by STA was presented for approval and
recommendation at the Land Use and Development Committee and Scheme Beta, which called for
the Historic Restoration of the existing Fire Station Building, the addition of a new three bay Fire
Station, and a reconfiguration of the Public Works Yard, was approved.
AGENDA ITEM
L-iq
DATE 3--1 /) _0 I
Commission Memorandum
April 18, 2001
Fire Station No, 2, Construction Management @ Risk
Page 2
As part of the General Obligation Bond Program (GO) and the Capital Improvements Program (CIP),
the Administration revisited the previous recommendation for the Master Plan and for Fire Station
No.2 and decided to negotiate an Amendment to the original Agreement for professional services
with ST A which included the design and construction administration for Fire Station No.2 and had
an established fee structure.
On June 28, 2000, the City Commission approved Amendment No.1, in the amount of $318,020,
to the original Agreement with ST A for design and construction administration services, the
restoration of the existing Fire Station No.2, the addition of a new three bay Fire Station and the
reconfiguration and design of the Fire Station site to isolate it from the Public Works Yard.
The Administration has studied the use of Construction Management at Risk (CMR) for the Project
in lieu of a standard bidding process. The use of CMR allows for the involvement in the process by
a contractor as early as design development, which in turn affords the city and the consultant the
expertise of the contractor in determining better means and methods of construction, controls of
costs, selection of subcontractors, etc. Based on the Administration's recommendation, the City
Commission authorized the issuance of a Request for Qualifications (RFQ) for Construction
Management at Risk for the Fire Station No.2 Renovation and Expansion on September 13,2000.
The RFQ was issued on October 9, 2000 and responses were received from four firms on November
10,2000.
By selecting the CMR early in the process, potential design and constructibility issues, which may
later cause additional costs, are reduced during the design. The CMR participates with the
consultants in determining better uses of materials, better methods of construction, better selection
of products, better coordination between trades, etc. The CMR also participates in bidding the
different trades and portions of the Project and advises the City on selecting the best values and the
best proposals.
This team and partnering approach takes into consideration the established budget, the established
schedule and the limitations of the construction site. It also affords the opportunity of selecting the
major subcontractors early in the process, have them approved by the City, and involve them in the
design process as well. It has been shown in the past that the CMR method generally cuts down on
construction problems and therefore construction costs.
CMR requires that the Construction Manager (CM) provide an initial estimate, based on the
established budget, as early as the Design Development of the Project. The CM is then responsible
for this estimate and must provide the City with updates at regular intervals to insure that the Project
is within budget. At approximately ninety percent completion of the Construction Documents Phase
of the Project, the CM must provide the Guaranteed Maximum Price (GMP) which establishes the
cost of the Project, within budget, and which makes the CM responsible for this price regardless of
developments during construction which may increase costs. Code issues, errors in the documents,
unforeseen conditions, etc., which increase construction costs, must be borne by the CM. Only
changes requested by the City, which go beyond the original scope of work, or unforeseen conditions
which could not be anticipated by any of the parties involved, are considered as potential change
orders when using CMR.
Commission Memorandum
April 18, 2001
Fire Station No.2, Construction Management @ Risk
Page 3
The CMR includes a fee for the management of the Project as part of the final GMP. The fee is
based on the early participation in the design process and the management of the bidding phase. The
management fee is usually covered by the savings which the CM can generate from the participation
in the design, the value engineering, and the minimization of change orders during construction.
An Evaluation Committee selected Jasco Construction Company (Jasco) as the number-one ranked
firm. The City Administration recommended Jasco to the City Commission and was authorized to
enter into negotiations for a Professional Services Agreement on January 31, 2001. The fee for Pre-
construction Services, as set forth in the attached Agreement, in the amount of $36,500, was
negotiated with Jasco from an initial amount of $48,500. In addition, the initial estimate is
established as $3,775,000, which is the current construction budget.
At the March 5, 2001 GO Oversight Committee meeting, the CMR Agreement with Jasco was
discussed and the Committee recommended proceeding with the Pre-construction Services
Agreement as presented. The Committee requested that the GMP Amendment be brought back to
the Committee for review and recommendation. The Committee also requested that incentives for
early completion and penalties for delays in the Project be included in the Amendment. Finally, the
Committee recommended the full appropriation as requested by the Administration.
The CM cannot provide a GMP until the design construction documents are complete. The CM, by
being involved during the design, can advise the City on whether the Project continues to be on
budget and also identifY those areas which must be addressed in order to keep it in budget. Once the
GMP is established, the Administration will bring to the City Commission an Amendment to the
Agreement identifYing the final Project cost, as well as the parties' rights and responsibilities with
respect to the progression of the Work, through Project completion. The CM must maintain the
Project within budget at all times during the process.
The City Administration recommends that the Mayor and City Commission, authorize the Mayor
and City Clerk to execute an Agreement for Pre-construction Services for Construction Management
at Risk with the number-one ranked firm, Jasco Construction Company, in the amount of$36,500.
The Agreement has been reviewed by the City Attorney's office as well as staff. The Agreement has
also been reviewed by Hazen and Sawyer and by URS to obtain their comments since the City has
not used CMR in the past. The Administration also recommends the Mayor and City Commission
appropriate funds, in the amount of $36,500, from the GO Bond Program, for the Pre-construction
Services of the Construction Management at Risk Agreement.
The Administration further requests that the Mayor and City Commission appropriate funds, in the
amount of $50,000 from the GO Bond Program for testing services for the Fire Station No.2
Ren~ion and Ex ansion.
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AGREEMENT FOR PRE-CONSTRUCTION SERVICES
BETWEEN CITY OF MIAMI BEACH, FLORIDA,
AND JASCO CONSTRUCTION COMPANY FOR CONSTRUCTION MANAGEMENT
AT RISK SERVICES PURSUANT TO RFQ. NO. 117-99/00, ENTITLED
"CONSTRUCTION MANAGEMENT AT RISK FOR THE FIRE STATION NO.2
RENOVATION AND EXPANSION"
THIS AGREEMENT, made and entered into this If IidaYOf AlllL ,2001, by and
between the CITY OF MIAMI BEACH (hereinafter City), and JASCO CONSTRUCTION
COMPANY, INC. (hereinafter Construction Manager or CM).
WITNESSETH:
WHEREAS, the firm of Jasco Construction Company, Inc. (Construction Manager or CM)
is a Florida corporation and;
WHEREAS, the City intends to construct Fire Station No, 2 and desires to engage the
services ofCM, and 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 ofthe 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 ArchitectlEngineer
or AlE: The "ArchitectfEngineer" or "AlE" shall mean that person or firm designated
as the architect/engineer for the Project, or any portion thereof. Also referred
to as the Design Professional, this entity has entered into a separate
agreement with the City for design services for the Project, said Agreement
1.2
Bonds:
1.3
Bond
Premium:
1.4
Budget:
1.5
City or
Owner:
attached and incorporated as Exhibit "A" hereto. For purposes of this
Agreement, the Architect/Engineer of record for the Project is ST A
Architectural Group, whose principal address is 3526 North Miami Avenue,
Miami, Florida 33127.
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.
The term "Bond Premium" shall mean the direct cost of the premium paid for
the Bond (s).
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.
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.
2
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
3
1.8
1.9
in this Agreement, and he shall attempt to render administrative decisions
promptly to avoid unreasonable delay in the progress of the Consultant's
work.
1.7.2 The City Manager shall additionally be authorized, but not required, at the
request of the CM, to reallocate monies already budgeted toward payment of
the CM; provided, however, that he cannot increase the Consultant'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 shall additionally be the sole representative of the City
authorized to issue a Notice to Proceed. The City Manager may consider,
comment upon, or approve modifications in accordance with applicable laws
and ordinances.
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.
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.
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.
4
1.10
1.1]
1.12
Contract
Amendment
or Change
Orders:
Construction
Change
Directive:
Construction
Estimate:
"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 effecting 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 ($25,000.00), or by the City Manager if they are Twenty-Five
Thousand Dollars and 00/100 ($25,000.00) 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 00/1 00 ($25,000.00) 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. Additionally, all
Contract Amendments and/or Change Orders shall be reported as
informational items to the General Obligation Bond Oversight Committee
and, whenever possible, prior to their submittal for consideration by either the
City Manager or the Mayor and City Commission, as prescribed herein.
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.
The term "Construction Estimate" shall mean a cost estimate for the
completion of the entire Scope of Work for the Project, which estimate shall
5
include all components of the Cost of the Work, as well as the Construction
Fee for the Project. This estimate is initially established as $3,775,000 which
is the sum budgeted by the City for the construction cost for the Project.
1.13 Construction
Manager
(CM): The firm of Jasco Construction Company, whose principal address is
1~/7 ;$W /.:l#J..sr /11lA/II1. fl.. ~&~; as selected by the City pursuant to RFQ No. 117-
,
~ 99/00, to provide services of Construction Management At-Risk for this
~ Project, as herein defined and as may be reasonably inferred from the
Contract Documents for the Fee, and an Initial Guaranteed Maximum Price
(IGMP) and Guaranteed Maximum Price (GMP). 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.
As part of the services to be provided by the Construction Manager pursuant
to this Agreement, the parties contemplate that Construction Manager may
be required to perform general engineering services. To that end, all
engineers required in order to fulfill the services contemplated by this
Agreement, shall be duly licensed and certified by the State of Florida to
engage in the practice of engineering in this State. Similarly, any and all
special inspectors, as and if required pursuant to this Agreement, shall be
duly certified, licensed and registered under Chapter 471, Florida Statutes, as
an engineer, or under Chapter 481, as an architect, and shall additionally
possess the requisite occupational license from the City and the County.
1.14.1
1.14.2
The Construction Manager shall be liable for it's 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
6
deemed to include any subconsultants and any other person or entity acting
under the direction or control of Construction Manager. Any subconsultants
retained by Construction Manager pursuant to this Agreement and the
Project, must receive the prior written approval ofthe City.
1.15 Construction
Manager's
Fee: The term "Construction Manager's Fee" or "Fee" shall mean, for purposes
of this Agreement only, a fixed fee, in the amount of $36,500, 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 therefrom.
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 NE.
1.19 Contingency: The term "Contingency" shall mean a line item contingency amount
contained in the Schedule of Values for the Project, which contingency
7
1.20
1.21
Contract:
Contract
Documents:
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 ofthe 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 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.
The term "Contract" means the contract formed by all of the Contract
Documents, including this Agreement and any amendments hereto.
The "Contract Documents" include this Agreement; Request for
Qualifications No. 117-99/00, entitled "Construction Management At Risk
for the Fire Station No.2 Renovation and Expansion", and all attachments
and amendments thereto; CM's submittal(s) in response to the Request for
Qualifications; the most current AlE Agreement with the City, attached as
Exhibit "A" hereto; and such other documentation as may be listed as an
Exhibit to this Agreement.
Upon execution of the GMP Amendment, the Contract Documents shall be
expanded to include, in addition to those listed above, those identified by the
GMP Amendment and the attachments thereto.
8
1.22 Contract
Time:
1.23 Drawings:
1.24 General:
1.25 General
Contractor:
1.26 Guaranteed
Maximum
Price:
The time period defined within this Agreement for the Construction Manager
to submit the IGMP.
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.
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.
The term "General Contractor" shall refer to the eM 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.
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, less only 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 "B" 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.
9
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.
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
1.29 Laws:
1.31
Phase 1-
Schematic
Design
Documents:
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.
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. eM's knowledge
of and coordination with said Agreement is incorporated herein. The CM
herein acknowledges that the Schematic Design Documents for the Project
have been completed by the AlE and approved by the City.
10
1.32 Phase n-
Design
Development
Documents: The term "Phase n- 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 A/E Agreement. CM's
knowledge of and coordination with said Agreement is incorporated herein.
1.33 Phase III-
Construction
Documents: The term "Phase III- 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$36,500, 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 Design, Bid and Award Phase Services.
1.35 Preconstruction
Phase
Services: The term "Preconstruction Phase Services" shall mean the services which the
1.36 Project:
Construction Manager shall perform for the Design, Bid and Award Phases
of the Agreement and culminate with exercise by the City of one of the City's
options regarding the GMP Proposal.
The term "Project" shall mean that certain construction project pursuant to
RFQ No. 117.99/00 entitled, "Construction Management At Risk for the Fire
Station No.2 Renovation and Expansion", as referenced by the Agreement
and to which the Contract Documents relate, and refers to the total
construction of which the Work may be the whole or a portion thereof.
11
1.37 Schedule
of Values:
1.3 8 Scope of
the Work:
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.
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,
1.40 Subconsultants:
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.
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 6
term includes such Subconsultant's authorized representatives. Construction ..,;v
OOe.KlIU:l Il.ITO
Manager shall obtain~written approval of the City prior to~giRg SF
~ A6!~tM~Nrs> WITI-\
"Ir I'Hsaif)'iRg the subconsultants and other professional associates. Any such
lJ> services performed by any Subconsultants shall be passed through to City
1.40.1
1.40.2
without additional charge by the CM. All such work shall be itemized on
invoices from such Subconsultants, showing work performed and charges
incurred.
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 work
under this Agreement.
12
1.40.3
1.40.4.
1.40.5
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.
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.
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 AlE
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
in accordance with the General Conditions of the Contract Documents and
applicable laws.
The term "Taxes" shall mean all taxes related to the performance of the Work
1.43 Taxes:
1.44 Work:
or any portion thereof, including but not limited to, all sales, consumer, use,
occupational, excise, social security, unemployment compensation and
similar taxes.
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
13
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.
1.4 5 Proposal
Documents: "Proposal Documents" shall mean Request for Qualifications No. 117-99/00
entitled, "Construction Management At Risk for the Fire Station No. 2
Renovation and Expansion" (the RFQ) issued by the City in contemplation
of this Agreement, together with all amendments thereto, if any, and the
Construction Manager's proposal in response thereto (Proposal), which is
incorporated by reference in this Agreement and made a part hereof;
provided, however, that in the event of an express conflict between the
proposal and this Agreement, this Agreement shall prevail.
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 conditions, construction industry price trends, and similar
matters which normally impact on the bidding process shall not be considered
a Force Majeure.
14
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 ofthe City in the expeditious completion of the Project, at the lowest 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
15
&
~
complete to establish the GMP; therefore, it is anticipated that one Sf HUU\! GMP Amendment\ 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 Agree,ment as ifJully set forth herein. The GMP for the
AnllNeTi l'eI:?ISNI{~O%)UiMPr.E.1'ON or CdN7TJl.uc.TIDN J};?a;~1Jf7
Project must be establishe<J\R9 lat<ilr tl:l~ ....... .... . after issuance oT an imtial NotIce to Proceed by
the City pursuant to this Agreement; otherwise this Agreement shall terminate pursuant to Article t!!!:
~
VI herein.
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 below and, upon approval by the City ofthe GMP, and as contemplated in a 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 Preconstruction 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
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 (i.e. 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
16
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 $36,500, representing the Construction Manager's Fee. At the conclusion of
the Preconstruction Services, the Construction Manager shall, without assuming the duties ofthe
Architect/Engineer, warrant to the City, that the plans, specifications and other Contract Documents
are consistent, practical, feasible and constructable, and that the Project is constructable within the
contract time.
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)
b)
c)
d)
e)
Exhibit V of this Agreement.
Coordination, communication and documentation procedures among
the CM, the Architect/Engineer, subcontractor(s), subconsultant(s),
and other departments or organizations who require coordination with
and/or input into the Work.
Project reports (monthly).
Request for Information.
Contract Amendment(s) process.
17
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 Scheduling
4.2.1 Coordination with Design Professional - In providing the Construction Manager's
services described in this Agreement, the CM shall maintain a working relationship
with the ArchitectfEngineer. 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
under the City. It is not intended that the services of the AlE and the CM be
competitive or duplicative, but rather be complimentary.
4,2.2 Scheduling - The CM shall meet immediately upon execution ofthis Agreement with
the Architect/Engineer and City representatives to review the most current Exhibit
"A" of the Architect/Engineer's 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 Exhibit "A" to the Architect/Engineer's contract.
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.
4.3 Design Phase
4.3.1 Review of Desi\ln Documents - The CM shall review the design documents and
18
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 A/E 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 most current Exhibit "A" attached to the Architect/Engineer's Agreement.
4,3.2 Responsibility' The CM, as a result of the above-noted review of the design
documents and recommendations provided to the City, shall be fully responsible for
the coordination of the 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
unforseen 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 agrees specifically 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 document,
incompatibility, or conflicts between the documents and the existing conditions,
utilities, code issues and unforseen underground conditions.
4.3.3 Preliminary Scheduling - The CM will submit to the ArchitectlEngineer for comment
and to the City for approval a proposed schedule for the Project at the time the Phase
II 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.
19
4.3.4 Estimating 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 Exhibit" A" ofthe ArchitectlEngineer's contract
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 shall be in such detail as the City
may reqUire, The initial estimate shall be considered the Initial Guaranteed
Maximum Price, and shall not exceed the construction budget of $3,775,000.
a) Should the CM's IGMP 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 ArchitectlEngineer to reduce the
estimated cost of the Project through Value Engineering, re-design by
the Architect/Engineer, 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
IGMP. 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 eM'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.
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
20
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
Architect/Engineer.
4.3.6 Permits and Fees - The CM will be responsible for coordinating with the
Architect/Engineer 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 Design Services -In the performance of its Design Phase requirements, while the CM
is not the AlE for the Project, the CM shall be prepared to employ such professional
design services as may be required for the fulfillment of its obligations under this
Agreement.
4.3.8 The CM shall submit to the Owner the CM's Memorandum of Changes in sufficient
time and as scheduled so it may be reviewed against the Contract Documents and any
corrections, modifications, additions, or changes be incorporated prior to
commencing the Bid and A ward 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.
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 ofthe subcontractor's prequalification plan noted above. The
21
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 ArchitectfEngineer and
the City prior to award by the CM.
4.5 The Guaranteed Maximum Price
4.5,1 CalculationfNegotiation 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.
22
4.5.2 Acceptance ofGMP - 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 Exhibit
"A" of the Architect/Engineer's contract.
4.6.2 Review and Acceptance of Schedule- In executing the Agreement, the CM
acknowledges specifically that the CM has reviewed the most current Exhibit "A"
of the Architect/Engineer's contract, 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 Exhibit "A" of the Architect/Engineer's
Agreement.
4.7 Payment
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 Services Fee by the number of months
from the effective date of this Agreement until the scheduled submittal of the GMP
23
proposal by the CM. Delays to the schedule shall result in re-calculation of the
monthly application amount by dividing the amount of Preconstruct ion 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
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 eM 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 Right 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 ofthree years after final completion,
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ARTICLE V
GMP PROPOSAL AND ACCEPTANCEJREJECTION
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 ofthe 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 City of Miami Beach Fee. Profit. General Conditions. Continency
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 ofthe 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.
Reject the proposed 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
25
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.
ii) When accepted by the City, the GMP shall be formalized by the execution of
the GMP Amendment (Exhibit 1).
iii) The City shall determine, after each negotiation session, unless agreement is
reached, it 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.
iv) 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 (l) 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 eM. 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
26
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 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.
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 Article
6.3 Termination by CM
The CM may only terminate this Agreement for cause in the event that the City willfully
27
violates any provisions of this Agreement or umeasonably 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 Article 6
herein.
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 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,
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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
29
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 Employment
8.3.1 CM agrees that it will not discriminate against any employee or applicant for
employment for work 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 Entity 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 of36 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.
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8.5 No Contingent 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 i\ssignment
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
CM shall provide, pay for and maintain in force at all times during the services to be
performed, such insurance, including Professional Liability Insurance, Worker's Compensation
Insurance, Comprehensive General or Commercial Liability Insurance, Business Automobile
Liability Insurance and Employer's Liability Insurance.
Such policy or policies shall be issued by companies authorized to do business in the State
of Florida with an A.M, Best's Insurance Guide (latest edition) rating acceptable to the City's Risk
Manager and having agents upon whom service of process may be made in the State of Florida. CM
shall specifically protect the City by naming the City of Miami Beach as an additional insured under
all policies required by this action.
8.7.1 Professional Liability Insurance with the limits of liability provided by such policy
to be no less than Two Million Dollars ($2,000,000) per occurrence with a maximum deductible of
$100,000 per occurrence, and $200,000 aggregate.
CM shall notify City in writing within thirty (30) days of any claims filed or made against the
Professional Liability Insurance Policy.
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8.7.2 Business Automobile Liabilitv Insurance with minimum limits of One Million Dollars
($1,000,000) 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 and non-owned vehicles.
8,7.3 CM shall provide to City a Certificate ofInsurance 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%) until paid,
and such failure shall be deemed an event of default hereunder.
8.8 All Prior Agreements Superseded/amendments
This document incorporates and includes all pnor 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 ofthis 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
32
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:
FOR CITY OF MIAMI BEACH:
Jorge E. Chartrand
Capital Projects Coordinator
City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
with a copy to:
Murray H. Dubbin, City Attorney
City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
FOR CONSTRUCTION MANAGER:
ESTI<8/hJ ~. StJAQc2--
Igg/~ oS....; 1.;1..~ C~r
H.2::J9oI"'.z: Fi-.4 c 13 S II'''
,
8.10 InteqJretation
The language ofthis 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.
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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 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 eM 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 eM shall at all times observe and comply
with all such laws, ordinances, regulations, orders, and decrees.
8.14 Ajl:reement Severable: No Waiver
In the event any provisions ofthis 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.
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8.15 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 Venue
This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida.
8.17 Limitation of Liability
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 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 CM 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 ofthe limitation placed upon City's liability as set forth in Section 768.28,
Florida Statutes,
35
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first
above written.
ATTEST:
~f~
Robert Parcher, City Clerk
ATTEST:
RJA \kw
F:\A TTO\AGUR\AGREEMNT\PROFSVC\JASCQ,AGR
APPROVED ;.s TO
FORM & LANGUAGE
& FOR EXECUTION
/I, &d. 'I-16-d/
NKomwf ~ r (\,-..
THE CITY OF MIAMI BEACH
71t~
Neisen Kasdin, Mayor
JASCO CONSTRUCTION COMPANY, INC.
BY:~~
(
,eS ~ /1;tI L. ~/~t;?
Print Name/Title
36
EXHIBIT "B" TO CONSTRUCTION MANAGER AT RISK AGREEMENT
DRAFT GMP AMENDMENT
THIS GMP AMENDMENT, made and entered into as of this_day of
CGMP Amendment") amends that certain Agreement between Owner, the CITY OF MIAMI
BEACH, FLORIDA (also, City) and Construction Manager, JASCO CONSTRUCTION
COMPANY, INC., made as of the day of For the following described
Project:
FIRE STATION NO.2
2300 PINE TREE DRIVE
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
37
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 entire Scope of the Work for the Project, FIRE STATION NO.2, 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 entire
Work for this Project no later than days from the Date of
Commencement ( the "Contract Time", and final 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
ofthis 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 entire Work for this Project, FIRE STATION NO.2, as
defined in the Contract Documents, 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 entire Work for this Project, FIRE
STATION NO.2, 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.
38
1. The Guaranteed Maximum Price for the Project, FIRE STATION NO. 2, 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
J. The Construction Manager shall continue to 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.
1. 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.
39
n. To the extent that the Owner has authorized the Construction Manager, in
writing, to perform a portion of 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, are 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.
o. 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.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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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:
JASCO CONSTRUCTION COMPANY
ATTEST:
By:
By:
Secretary
President
F :\ATTO\AGUR\AGREEMNlIPROFSYC\JASCO.AGR
41
ATTACHMENT I CONTRACT DOCUMENTS:
THE ORA WINGS
ATTACHMENT II CONTRACT DOCUMENTS:
THE SPECIFICATIONS
ATTACHMENT III CONTRACT DOCUMENTS:
ADDITIONAL CONTRACT DOCUMENTS
ATTACHMENT IV CONTRACT DOCUMENTS:
CONSTRUCTION MANAGER'S WAGE SCHEDULE
ATTACHMENT V CONTRACT DOCUMENTS:
CONSTRUCTION SCHEDULE
F:\A TTO\AGUR\AGREEMNT\PROFSVC\JASCO.AGR
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