RFP 0317-2370 CM@R SERVICES-LPGA WRWRF …purchasing.codb.us/documents/RFP 0317-2370 CM@R...

REQUEST FOR PROPOSALS

CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR THE

WESTSIDE REGIONAL WATER RECLAMATION FACILITY IMPROVEMENTS

FOR

THE CITY OF DAYTONA BEACH, FLORIDA

RFP NO.: 0317-2370

RFP ISSUANCE DATE: July 18, 2017

REQUEST FOR PROPOSALS ii

RFP 0317-2370

THE CITY OF DAYTONA BEACH

OFFICE OF THE PURCHASING AGENT

Post Office Box 2451 Phone (386) 671-8080 Daytona Beach, Florida 32115-2451 Fax (386) 671-8085

REQUEST FOR PROPOSALS (RFP) - INVITATION

NOTICE IS HEREBY GIVEN that sealed proposals will be received in the office of the Purchasing Agent, Daytona

Beach City Hall, Room 146, 301 South Ridgewood Avenue, Daytona Beach, Florida 32114, until 2:00 PM EDT on

August 25, 2017, at which time they will be publicly opened for the following:

CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR THE

WESTSIDE REGIONAL WATER RECLAMATION FACILITY IMPROVEMENTS

AWARD OF CONTRACT subject to the Purchasing Code of the City of Daytona Beach.

THE RFP MAY BE OBTAINED on-line at http://purchasing.codb.us by clicking on the link to “Public Solicitations”

or as a hard copy at the office of the Purchasing Agent City Hall, 301 South Ridgewood Avenue, Room 146, Daytona

Beach, FL 32114.

SCOPE OF WORK: The Scope of Work generally includes preconstruction phase and construction phase services

for the development of a guaranteed maximum price and construction of improvements to the Westside Regional

Water Reclamation Facility.

A NON-MANDATORY PRE-PROPOSAL CONFERENCE will be held at the Daytona Beach Westside Regional

Wastewater Treatment Plant, Administration Building, First Floor Conference Room, 3651 LPGA Blvd., Daytona

Beach, Florida 32124 on July 25, 2017 at 10:30 A.M. at the LPGA Treatment Plant, 3651 LPGA Blvd, Road 6,

Administration Building Conference Room Daytona Beach, FL 32124. Interested Proposers are strongly urged

to attend. Proposers shall advise the City at least 72 hours prior of the names of individuals who will attend the pre-

proposal meeting. Due to space constraints, each firm is limited to four (4) attendees at the meeting and site tour.

THE CITY RESERVES THE RIGHT to reject any or all proposals or parts thereof, or to accept the proposal(s) or

parts thereof, when considered by it to be in the best interest of the City. Any proposal received after the time and

date specified will not be considered. No proposer may withdraw their proposal for a period of sixty (60) days after

the date of the opening of proposals. This time period is reserved for the purpose of reviewing proposals and

investigating the qualifications of the proposers.

PROPOSALS SHALL BE ADDRESSED to the City of Daytona Beach, Purchasing Agent, 301 South Ridgewood

Avenue, Room 146, Daytona Beach, Florida, 32114, and all proposals shall have the following plainly marked on

the outside of the envelope:

PROPOSAL FOR: Construction Management at Risk Services for the Westside Regional Water

Reclamation Facility Improvements

THE CITY OF DAYTONA BEACH

BY: JOANNE FLICK, CPPO, CPPB

PURCHASING AGENT

ISSUED: July 18, 2017

http://purchasing.codb.us/

REQUEST FOR PROPOSALS iii

RFP 0317-2370

Contents

Section 1 BACKGROUND .................................................................................................................................5

1.1 Statement of Purpose .....................................................................................................................................5

1.2 Introduction ....................................................................................................................................................5

1.3 RFP Organization ............................................................................................................................................5

1.4 City’s Objectives ..............................................................................................................................................6

Section 2 PROJECT OVERVIEW ........................................................................................................................7

2.1 Scope of Project Technical Improvements .......................................................................................................7

2.2 Project Budget and Funding .............................................................................................................................7

2.3 Project Milestones ............................................................................................................................................8

Section 3 CMAR SERVICES ..............................................................................................................................9

3.1 General ...........................................................................................................................................................9

3.2 Roles and Responsibilities ..............................................................................................................................9

SECTION 4 PROCUREMENT PROCESS ............................................................................................................ 11

4.1 Communications with City Contact .............................................................................................................. 11

4.2 Procurement Schedule ................................................................................................................................ 12

SECTION 5 PROPOSAL SUBMITTAL REQUIREMENTS ...................................................................................... 13

5.1 Submittal Place and Deadline ...................................................................................................................... 13

5.1 Florida Public Records Law .......................................................................................................................... 14

5.2 Submittal Format ......................................................................................................................................... 14

5.3 Submittal Content ........................................................................................................................................ 14

5.3.1 Transmittal Letter ................................................................................................................................. 15

5.3.2 Part 1 – Executive Summary ............................................................................................................... 16

5.3.3 Part 2 – Project Management Approach ............................................................................................ 16

5.3.4 Part 3 – Project Delivery Approach .................................................................................................... 16

5.3.5 Part 4 –Experience .............................................................................................................................. 17

5.3.6 Appendix A - Forms for Affirmation of Compliance ......................................................................... 18

5.3.7 Appendix B - Financial Statements .................................................................................................... 19

5.3.8 Appendix C - Draft CMAR Contract Markup (Optional) ................................................................... 19

REQUEST FOR PROPOSALS iv

RFP 0317-2370

5.3.9 Appendix D - Resumes ........................................................................................................................ 20

5.3.10 Appendix E - Evidence of Ability to Obtain Insurance ................................................................... 20

5.3.11 Appendix F - Evidence of Ability to Obtain Bonding ...................................................................... 20

5.3.12 Appendix G - Current and Recent Litigation ................................................................................... 20

SECTION 6. PROPOSAL EVALUATION AND SELECTION ................................................................................... 21

6.1 General ........................................................................................................................................................ 21

6.2 Selection Process Overview ......................................................................................................................... 21

6.3 Responsiveness ............................................................................................................................................ 22

6.4 Proposal Opening - Late Proposals .............................................................................................................. 22

6.5 Minimum Qualification Requirements ........................................................................................................ 22

6.6 Evaluation Criteria ....................................................................................................................................... 23

6.7 Proposer Interviews ..................................................................................................................................... 23

SECTION 7 CONDITIONS FOR PROPOSERS ..................................................................................................... 24

7.1 Ineligible Firms and Individuals ..................................................................................................................... 24

7.2 Conflict of Interest ......................................................................................................................................... 24

7.3 Rights of the City ........................................................................................................................................... 24

7.4 Obligation to Keep Project Team Intact ........................................................................................................ 25

7.5 Additional Conditions .................................................................................................................................... 25

7.6 Addenda ........................................................................................................................................................ 27

Attachment A Definition of Terms ................................................................................................................ 28

Attachment B Scope of CMAR Services ......................................................................................................... 29

Attachment C Draft CMAR Contract .............................................................................................................. 32

Attachment D Project Background Documents ................................................................................................3

Attachment E Design Documents and Specifications ...................................................................................... 11

Attachment F Forms for Affirmation of Compliance ........................................................................................ 12

REQUEST FOR PROPOSALS 5

Westside Regional Water Reclamation Facility Improvements - DRAFT of 60

Section 1 BACKGROUND

1.1 Statement of Purpose

The City of Daytona Beach (the “City” or “City”) is seeking a qualified firm or team to

perform CONSTRUCTION MANAGER AT RISK SERVICES FOR THE WESTSIDE

REGIONAL WATER RECLAMATION FACILITY IMPROVEMENTS PROJECT (the

“Project”), in accordance with the Scope of Services provided in Attachment B of this Request

for Proposals.

THIS IS NOT A BID. This is a Request for Proposals (“RFP”) issued in accordance with the

City Code Chapter 30, Article II, Division 3, “Source Selection and Contract Formation.” This

RFP specifies the services needed, and lists the criteria upon which responsive Proposal will

be evaluated. Any contract that may be entered into pursuant to this RFP will be the subject of

negotiations between the City and a firm or team (“Proposer”) submitting a responsive

Proposal.

A copy of Chapter 30 may be obtained on-line at www.codb.us or upon request.

1.2 Introduction

This RFP invites Proposers to submit Proposals in accordance with the requirements set forth

in this RFP, including the format and content guidelines described in Section 5. Proposals will

be reviewed and evaluated using the selection process described in Section 6. At completion of

the evaluation process, the City may select a Proposer to enter into negotiations for award of

the Construction Management at Risk (“CMAR”) Contract. Once the CMAR Contract has

been negotiated and executed, the successful Proposer, as Construction Manager (“CM”) will

provide the final negotiated services as identified in the CMAR Contract. These services are

generally described in Attachment B of this RFP as the basis for Proposal preparation as

described in Section 5.3.4 of this RFP.

1.3 RFP Organization

This RFP consists of seven Sections and six Attachments:

Section 1: Background

Section 2: Project Overview

Section 3: CMAR Services

Section 4: Procurement Process

Section 5: Proposal Submittal Requirements

Section 6: Proposal Evaluation and Selection

Section 7: Conditions for Proposers

http://www.codb.us/



Attachment A: Definition of Terms

Attachment B: Scope of CMAR Services

Attachment C: Draft CMAR Contract

Attachment D: Project Background Documents

Attachment E: Design Documents and Specifications

Attachment F: Forms for Affirmation of Compliance

Certain project background documents are being made available as Attachment D to the RFP for

the purpose of preparing Proposals. The City is providing these documents only for the purpose

of obtaining responsive Proposals for the Project and does not confer a license or grant for any

other use. The extent to which the CM may rely on such background documents is set forth in

Attachment C (Draft CMAR Contract).

1.4 City’s Objectives

The City’s goals for delivery of the Project are as follows:

Quality: Deliver the proposed facilities consistent with the project design and specifications.

Cost: Minimize initial capital and life-cycle costs.

Schedule: Achieve completion of the Project by November 2019.

Risk: Achieve an optimal balance of risk allocation between the City and the CM.

Safety: Implement a comprehensive safety program that incorporates industry’s best

practices.



Section 2 PROJECT OVERVIEW

2.1 Scope of Project Technical Improvements

The Project includes construction of the RAS/WAS Pumping, Bardenpho Stage 3, and Stage 5

Aeration, and Tertiary Deep Bed Filters Improvements at the Westside Regional Water

Reclamation Facility located at 3651 LPGA Boulevard, Daytona Beach, FL 32124. As of the

date of issuance of this RFP, these improvements have been designed to nearly 100%.

The RAS/WAS Pumping Improvements include removal and disposal of existing telescoping

valves at the existing distribution boxes, removal and disposal of RAS pumps and WAS pumps,

and abandoning the existing RAS/WAS submersible pump station. The existing Distribution

Boxes will be converted to RAS/WAS wet wells. Two new RAS/WAS above grade pump

stations will be constructed with associated piping, valves, and instrumentation. A new

dewatering feed box will be constructed to feed the existing Belt Filter Press Feed Pumps near

the Solids Dewatering Building.

The Stage 3 Aeration Improvements include demolition and removal of the existing mechanical

surface aerators in Stage 3 of the Bardenpho basin. New mechanical surface aerators will be

installed in their place with associated conduits, cable, and disconnect panels. Two new CMU

block buildings to house the necessary electrical, instrumentation, and control equipment will be

constructed. New weir gates will be installed at the effluent weir box of Stage 5.

The Stage 5 Aeration Improvements include removal of existing submersible aerators and

installation of new skid-mounted positive displacement blowers in sound enclosure for outdoor

use. New coarse bubble diffuser grids will be installed within Stage 5 of the Bardenpho basins

with 316 stainless steel air piping from the blowers to diffuser system.

The Tertiary Deep Bed Sand Filter Improvements include construction of a Clarified Liquid

Pump Station with vertical centrifugal submersible pumps and associate piping, valves, and

appurtenances and construction of a new Deep-Bed Sand Filtration system. The existing

Automatic Backwash Filter system will be demolished after the new components are operational.

The Project scope, design standards, and performance requirements are described in more detail

in

Attachment E (Design Documents and Specifications).

2.2 Project Budget and Funding

The total cost for construction services is budgeted at approximately $27 million. This figure does

not include City’s other Project costs, such as design services, preconstruction services

(described in Attachment B), professional advisory services, property or access rights, site

investigations, environmental studies, certain governmental approvals, taxes, etc.



The Project is being funded via a Clean Water State Revolving Fund (SRF) loan administered by the

Florida Department of Environmental Protection. The successful Proposer will be required to comply

with all SRF requirements as described in Attachment E of the RFP.

2.3 Project Milestones

Project milestones to be met by the CM include:

Completion of safety and quality management plans

Procurement of all subcontracts and equipment packages

Other intermediate milestones as defined in the agreed-on project schedule

Substantial Completion

Final Completion

A Project milestone schedule will be mutually developed by the City and the CM prior to

execution of the CMAR Contract.



Section 3 CMAR SERVICES

3.1 General

As noted in Section 1 of the RFP and more fully described in Attachment B (Scope of CMAR

Services), the CM will provide services in two distinct phases generally described below.

Preconstruction Phase Services

Develop the project execution plan, including project schedule.

Develop the construction management plan for the construction phase, including a

subcontracting and procurement plan.

Prepare and maintain a project cost model and project schedule, and submit detailed,

open-book cost estimates.

Prepare, implement, and maintain a Project risk management plan.

Submit and negotiate a GMP proposal for the construction phase.

Identify Project construction permitting requirements and determine when certain

construction permitting activities should be initiated.

Construction Phase Services

Procure and manage equipment and subcontractors.

Self-perform elements of the Project scope, if approved by the City.

Secure necessary construction permits.

Construct the Project.

Mitigate Project risks.

Conduct startup, commissioning, and performance testing.

Provide operator training.

Provide warranty coverage for constructed work.

3.2 Roles and Responsibilities

City: The City, assisted by its Design Engineer, will cooperate with the CM and will fulfill its

responsibilities in a timely manner to facilitate the CM’s timely and efficient performance of

services. City responsibilities generally include:

Reviewing preconstruction-phase deliverables and submittals, providing comments to CM.

Furnishing existing studies and provide complete, accurate, and reliable data and

information regarding the Project, including record drawings, preliminary studies, etc.

Providing adequate funding for Project.

Providing access to the Project site and any necessary easements.



Obtaining certain approvals and permits for which the City is responsible and assist CM in

obtaining governmental approvals and permits for which CM is responsible.

Providing or assisting in providing necessary data and inputs (e.g., wastewater influent

quantities, characteristics, etc.) for Project startup and performance testing.

CM: The CM will cooperate with the City and Design Engineer and will provide the

preconstruction phase services and construction phase services necessary to complete the Project

as specified in this RFP. CM responsibilities generally include:

Delivering the constructed work.

Managing Project schedule.

Supervising subcontractors and CM personnel.

Obtaining necessary governmental approvals and permits.

Performing risk management and mitigation activities.

Maintaining Project security and safety as necessary.

Conducting acceptance testing.

Developing and implement quality-management (including quality control and quality

assurance) procedures.

Overseeing material testing during construction by a third party laboratory.

Establishing and maintain change order management plan.

Developing and implement Project health and safety practices.

Design Engineer: The Design Engineer will prepare all design documents, work collaboratively

with the City and the CM, and provide services during construction to ensure that the Project as

constructed conforms to the design intent, Project technical requirements, and City’s objectives.

The scope of services for the Design Engineer has been provided in Attachment D (Project

Background Documents) of the RFP.



SECTION 4 PROCUREMENT PROCESS

4.1 Communications with City Contact

The City Purchasing Agent, will act as the City Contact and shall administer the RFP process.

All communications shall be submitted in writing, by fax, or by email, and shall specifically

reference this RFP. All questions or comments should be directed as follows:

Joanne Flick, CPPO, CPPB, Purchasing Agent

The City of Daytona Beach Purchasing Division

301 S. Ridgewood Avenue, Room 146

Daytona Beach, FL 32114

Phone: (386) 671-8082

No interpretation of this RFP will be provided to any Proposer verbally. Every request for

interpretation should be in writing addressed to Joanne Flick, CPPO, CPPB, Purchasing Agent,

at fax number (386) 671-3964 or emailed to [email protected]. To be given consideration,

such requests must be received at least 10 days prior to the Proposal due date identified in

Section 4.2 of this RFP.

No oral communications from the City Contact or any other individual representing or

purporting to represent City are binding. No contact with City staff or any public official, other

than the City Contact, concerning the Project during the procurement process outside of the pre-

proposal meeting is allowed. A violation of this provision may result in disqualification of

Proposer.

PROHIBITION OF LOBBYING. Except for negotiations authorized by the City Purchasing

Code, the Consultants Competitive Negotiations Act, or other state or federal law, lobbying by

the Proposer, or the Proposer’s principals, officers, employees, attorneys, or other agents, is

strictly prohibited during the Blackout Period. Lobbying in violation of this section may cause

the proposal to be rejected.

“Lobbying” means influencing or attempting to influence action or non-action in connection with

this RFP or the proposal, through direct or indirect oral or written communication with the

Mayor, any member of the City Commission, the City Manager, or any other City employee. The

following activities are not within the definition of “lobbying,” and are permitted: requests for

clarification submitted to the City Contact in accordance with this RFP, discussions with the

City’s Selection Committee during a Selection Committee meeting as part of the selection

process, the submission of additional information in response to a request by the City, and

addressing the City Commission during the City Commission meeting at which the contract is

awarded or all proposals are rejected. The Blackout Period begins on the date that this RFP is

issued and ends when the contract is awarded or all proposals are rejected.



4.2 Procurement Schedule

The procurement schedule is as follows:

RFP Issuance: July 18, 2017

Pre-Proposal Meeting & Site Visit: July 25, 2017, 10:30 A.M. EDT

Deadline for Proposers to Submit Questions: August 11, 2017

Deadline for Proposer Question Responses by City: August 18, 2018

Proposals Due: August 25, 2017 by 2:00 P.M. EDT

Proposal Evaluation Completed / Selection Committee Ranking: September 22, 2017

Proposer Interviews (if necessary): September 25-29, 2017

Selection Committee Recommendation: October 6, 2017

CMAR Contract Negotiations Complete: October 20, 2017

CMAR Contract Executed: November 10, 2017

Notice to Proceed: November 13, 2017

The italicized procurement milestones should be considered tentative and subject to change.



SECTION 5 PROPOSAL SUBMITTAL REQUIREMENTS

5.1 Submittal Place and Deadline

Ten (10) paper documents (one original and nine (9) copies), as well as an electronic version of

the Proposal on a flash storage device in PDF format, must be received no later than the date and

time specified in Section 4.2 of this RFP, addressed to:

Joanne Flick, CPPO, CPPB, Purchasing Agent

The City of Daytona Beach Purchasing Division

301 S. Ridgewood Avenue, Room 146

Daytona Beach, FL 32114

Phone: (386) 671-8082

Each Proposer assumes full responsibility for timely delivery of its Proposal. Any Proposal

received after the submittal deadline will be deemed non-responsive and returned unopened.

The time/date stamp clock in the City’s Purchasing Division Office above, shall serve as the

official authority to determine timeliness of the Proposal. Any Proposal received after the

submittal deadline will be deemed nonresponsive and returned.

All Proposals must be returned in a sealed box or envelope addressed to “The City of Daytona

Beach” and should contain on the outside the following information:

Request for Proposals No. 0317-2370

Proposal Due Date August 25, 2017 2:00 P.M. EDT

Name of Proposer

Return Address of the Proposer

Proposals may be amended or withdrawn only by written notice prior to the Proposal opening.

Proposal amendments must be submitted in a sealed envelope. Amendments or withdrawals

received after the Proposal opening will not be effective, and the original Proposal submitted will

be considered. Telephonic, electronic, or faxed Proposals will not be considered. The Proposer

agrees that his/her Proposal will not be withdrawn within sixty (60) calendar days following

opening of the Proposals, and that during such time his Proposal will remain firm and

irrevocable. The City reserves the right to reject any or all Proposals, and to waive any technical

defects in Proposals.

The City reserves the right to request clarification of information submitted and to request

additional information of one or more Proposers after the deadline for receipt of Proposals.



5.1 Florida Public Records Law

Sealed Proposals received by the City pursuant to the Request for Proposals will be temporarily

exempt from disclosure in accordance with Florida’s Public Records Law. Thereafter, all

Proposals will be open for a personal inspection by any person pursuant to the Public Records

Law.

If the Proposer believes that the Proposal or any portion thereof is permanently exempt from

disclosure under the public records laws, the Proposer must state the grounds for this position in

CAPITAL LETTERS on a cover sheet accompanying the sealed Proposal. The Proposer will be

contacted prior to the opening of the Proposal and a determination will be made as to whether or

not it is exempt prior to opening. If a determination is made that it is not exempt from disclosure,

the Proposer may request the return of the sealed Proposal in writing.

5.2 Submittal Format

The Proposal must be submitted in one clearly marked unbound original and nine (9) bound

copies in three ring binders.

The Proposal must not exceed 50 total pages (most or all 8½ × 11 inch with 1-inch or greater

margins), excluding the transmittal letter, index or table of contents, front and back covers, title

pages/separation tabs, and appendices. A maximum of 10 of the total pages may be 11 x 17-inch

tri-fold format. A font similar in size to or larger than Times New Roman font twelve-point must

be used in Proposal Parts 1 - 4.

5.3 Submittal Content

The content requirements set forth in this RFP represent the minimum content requirements for

the Proposal. It is the Proposer’s responsibility to include information in its Proposal that clearly

presents the information requested in this RFP. The Proposal, however, should not contain

standard marketing or other general materials. It is the Proposers responsibility to modify such

materials so that only directly relevant information is included in the Proposal.

Any Proposer who submits in its Proposal to the City any information that is determined by the

City, in its sole opinion, to be substantially inaccurate, misleading, exaggerated, or incorrect,

may be disqualified from consideration.

The Proposal must include the following information in the order listed below:

Transmittal Letter

Part 1 – Executive Summary

Part 2 – Project Management Approach

Part 3 – Project Delivery Approach



Part 4 - Experience

Appendix A – Forms for Affirmation of Compliance

Appendix B – Financial Statements

Appendix C – Draft CMAR Contract Markup (Optional)

Appendix D – Key Personnel Resumes

Appendix E – Evidence of Ability to Obtain Insurance

Appendix F - Evidence of Ability to Obtain Bonding

Appendix G – Current and Recent Litigation

5.3.1 Transmittal Letter

Include a transmittal letter signed by a representative of the Proposer who is authorized to sign

such material and to commit the Proposer to the obligations contained in the Proposal. Place the

transmittal letter on the Proposer’s letterhead and include the name, address, phone number and

e-mail address for the Proposer contact person. Specify who would be the CM’s signatory to any

contract documents executed with the City. In addition, clearly express the Proposer’s interest in

being considered for this contract and include other information deemed relevant by the

Proposer.

Also include the following as part of the Proposal transmittal letter:

“The undersigned has read The City of Daytona Beach’s Request for Proposals for

Construction Manager at Risk Services for The DAYTONA BEACH WESTSIDE

REGIONAL WATER RECLAMATION FACILITY IMPROVEMENTS PROJECT.

On behalf of our team, we agree to and accept the terms, specific limitations, and

conditions expressed therein. WE HAVE READ, ACKNOWLEDGE, AND ACCEPT

THE TERMS ON WHICH THE REQUEST FOR PROPOSALS IS OFFERED WHICH

ARE FULLY INCORPORATED BY REFERENCE INTO THIS LETTER.”

Proposals must be manually and duly signed by an authorized corporate officer, principal, or

partner (as applicable) with a signature in full. When a firm is the Proposer, the Proposal shall be

signed in the name of the firm by one or more of the partners. When a corporation is the

Proposer, the officer signing shall set out the corporate name in full beneath which he shall sign

his name, give title of his office, and affix the corporate seal. Anyone signing the Proposal as

agent must file with it legal evidence of signature authority. Proposers who are nonresident

corporations shall furnish to the City a duly certified copy of their permit to transact business in

the State of Florida along with the Proposal. Failure to promptly submit this evidence or

qualification to do business in the State of Florida may be basis for rejection of the Proposal.



5.3.2 Part 1 – Executive Summary

Provide an executive summary that includes a concise overview of the key elements of the

Proposal and must summarize and refer to information in the Proposal. The executive summary

shall not be used to convey additional information not found elsewhere in the Proposal.

5.3.3 Part 2 – Project Management Approach

Provide a description of the CM’s approach for managing the CMAR services described in RFP

Attachment B during the Project’s preconstruction and construction phases. Specifically:

Provide an organizational chart for Proposer project team, identifying all Key Personnel

(as defined in Attachment A of the RFP) and the reporting hierarchy of staff and

subcontractors and the specific individuals responsible for coordination of the separate

components of the work.

Describe of the roles, responsibilities, accountabilities, and availability of the Key

Personnel who will be assigned to the Project through completion.

Note: The identification and utilization of specific Key Personnel through the life of a

project are important factors in the City's consideration and selection of a Proposer. Any

changes in identified Key Personnel after the award of the agreement must be approved

by the City in writing before the change is made. Include availability of team to begin

work as soon as possible after the selected firm receives the notice to proceed.

Describe the communication approach and tools that will be utilized to ensure the timely

delivery of high quality services and coordination among CM, City, Design Engineer,

and other Project stakeholders.

Provide documentation from an insurance underwriter or other qualified third-party

identifying the Proposer's Experience Modification Rate (EMR) for the current year and

prior two years.

Describe the approach to Project safety.

Describe the quality control / quality assurance approach(es).

5.3.4 Part 3 – Project Delivery Approach

Provide a description of the CM’s approach for delivering the CMAR services described in RFP

Attachment B during the Project’s preconstruction and construction phases. Specifically:

Provide a detailed Scope of Work based on Attachment B of this RFP which clearly

identifies all task activities, deliverables, meetings, etc. that will be provided by the CM.

(A final version of this Scope of Work will be incorporated into the executed CMAR

Contract.)

Describe how a collaborative relationship with the City and Design Engineer will be

established during preconstruction-phase development, scheduling, cost estimating and

risk management.



Describe how the design and construction processes will interface (including how

constructability issues, construction document packaging, value engineering, and risk

issues will be addressed).

Describe any alternative solutions/options to achieve success in executing the scope of

work.

Identify the work elements critical to the Project’s success and how these components

will be addressed.

Describe the process for developing the GMP (defined by the City and including the

approach to establishing contingency) and for developing early-out equipment and/or

construction package GMPs.

Describe the process for adhering to the GMP during the construction phase.

Identify and describe the key Project risk factors and the approach for mitigation.

Provide a project schedule showing all key milestones, and identification of the specific

approach(es) to meeting the schedule.

5.3.5 Part 4 –Experience

A. CM Experience: Provide clear and thorough descriptions of the Proposer's

related and applicable experience and performance, particularly for:

Projects involving water and/or wastewater treatment infrastructure;

Projects utilizing alternative project delivery approaches such as design-build

(DB), construction management and risk (CMAR), design-build-

operate/finance, etc.;

Projects constructed in the state of Florida; and

Projects funded through the Florida DEP State Revolving Fund.

Note: Please see Section 6.3 regarding minimum qualifications requirements.

Using the Proposer Experience Reference Forms provided in Attachment F of the

RFP, provide all requested information on the three (3) most recent related and

applicable projects of those provided per the above that have been at least

substantially completed by Proposer within the last ten (10) years.

Provide information as requested concerning the degree to which the projects

identified above met required levels of performance for change orders, schedule

adherence, budget adherence, and safety. Also, describe any major issues or

challenges presented on the project(s) and how they were resolved.

B. Project Manager CMAR Experience: Using the Project Manager Experience

Reference Forms provided in Attachment F of the RFP, provide all requested

information on the three (3) most recent related and applicable water/wastewater

and/or alternative delivery projects that have been at least substantially completed

by the Project Manager within the last ten (10) years and on which the proposed



Project Manager served in a project manager capacity. These three projects may

be the same projects as listed for the firm or they may be projects performed by

the proposed Project Manager while employed elsewhere.

The Project Manager's resume should be provided in Appendix D of the Proposal.

C. Project Team CMAR Experience: Provide information regarding the related

and applicable skills and experience (e.g. water/wastewater treatment projects,

alternative delivery projects) of the project team that will be assigned to provide

the requested services (exclusive of the Project Manager) with proposed Key

Personnel identified, including brief resumes limited to two (2) pages each.

Provide the general and specific project related capability of the in-house staff as

well as sub-consultants and sub-contractors and demonstrate adequate depth and

abilities of the team. Include management, technical, and support staff.

Resumes for each key project team member should be provided in Appendix D of

the Proposal.

D. Licensing Requirements: Only State of Florida Licensed Building and General

Contractors will be considered for this project. Supply copies of appropriate

license(s), with expiration dates, as part of the Proposal. Failure to hold and

provide proof of proper licensing, certification and registration may be grounds

for rejection of the Proposal. Licenses will be in the Proposer’s name as it appears

on the Proposal. Supply copies of appropriate licenses showing the qualifying

agent and expiration dates, as part of their Proposal. Failure to hold and provide

proof of proper licensing, certification and registration may be grounds for

rejection of the Proposal.

E. Reference Requirements: As described under Subsections A and B above,

submit copies of the Proposer Experience Reference Form and Project Manager

Experience Reference Form provided in Attachment F to provide the requested

reference information for the Proposer Experience and Project Manager

Experience, respectively. The City will contact the individual(s) identified by the

Proposer on each form. The contact person(s) listed as a reference shall be

someone who has personal knowledge of the Proposer’s performance during the

referenced project. More than one person can be listed but all must have

knowledge of the project. DO NOT list principals or officers who will not be able

to answer specific questions regarding the project.

5.3.6 Appendix A - Forms for Affirmation of Compliance

Complete and submit the forms provided in Attachment F of the RFP.

1. Affidavit of Authenticity Form



2. Proposer Experience Reference Forms

3. Project Manager Experience Reference Forms

4. Non-Collusion Declaration Form

5. Drug Free Workplace Form

6. Public Entity Crimes Form

7. Trench Safety Act Form

5.3.7 Appendix B - Financial Statements

Provide annual audited financial reports for the three (3) most recent full financial years,

prepared in accordance with Generally Accepted Accounting Principles (GAAP), and all relevant

notes. If the Proposer has been in existence less than three (3) years, the information shall be

provided for the period of existence. If Proposer is a joint venture, provide annual audited

financial reports for the three (3) most recent full financial years for each individual firm that is a

member of the joint venture (i.e., member firm of Proposer). If any member firm of Proposer has

been in existence less than three (3) years, the information shall be provided for the period of

existence.

5.3.8 Appendix C - Draft CMAR Contract Markup (Optional)

The Proposal may include in Appendix C (CMAR Contract Markup) a markup of the Draft

CMAR Contract (including its attachments), setting forth any and all revisions requested by the

Proposer. The attached form contract is subject to negotiations between the selected proposer (if

any) and to updates to comply with City form requirements. Although the City will undertake

negotiations of the CMAR Contract, the CMAR Contract Markup will be treated as a de facto

offer that the City may accept as is, which would result in a binding contract between the CM

without further negotiations or revision.

Proposers may also provide in Appendix C the rationale for such revisions and the associated

benefits to the City. Proposers are encouraged to suggest revisions that would more efficiently

allocate risk, improve the parties’ understanding of risk allocation, and improve clarity of any

terms of the Draft CMAR Contract where ambiguities or uncertainties may arise in their

application or interpretation.

All applicable Federal and State laws, municipal and City ordinances, and the rules and

regulations of all authorities having jurisdiction over any part of the Project shall apply to the

solicitation and Contract throughout, and they will be deemed to be included in the RFP and

CMAR Contract the same as though herein written.

The City is not obligated to accept any of the requested exceptions, modifications, additions, etc.

submitted by the Proposer in the CMAR Contract Markup when negotiating and finalizing the

CMAR Contract. Furthermore, the City may request additional revisions during negotiations and

before finalizing the CMAR Contract.

Proposers are encouraged to carefully review RFP Attachment C (Draft CMAR Contract) and to



submit written questions and comments by the deadline specified in Section 4. The City (at its

sole discretion) may modify the Draft CMAR Contract based on comments submitted by the

Proposer, contract negotiations with the Proposer, and compliance with City forms and

requirements. The City expects that this review and comment process will substantially reduce

the need for extensive post-selection negotiation.

5.3.9 Appendix D - Resumes

Provide project team resumes as described in Section 5.3.5 (B) and (C).

5.3.10 Appendix E - Evidence of Ability to Obtain Insurance

Provide a letter or Certificate of Insurance from its insurance company stating its ability to

acquire and provide insurance coverages and limits as identified in the Draft CMAR Contract.

The required insurance must be obtained and maintained from insurance companies that have an

A.M. Best Rating of no less than A: VII, unless otherwise acceptable to the City, and are duly

licensed or authorized in the State of Florida.

5.3.11 Appendix F - Evidence of Ability to Obtain Bonding

Provide a notarized letter(s) from its surety (or sureties) verifying the Proposer has a minimum

bonding capacity of $27 million available for the Project for each 1) performance, and 2)

payment bonds. The Proposer’s surety (or sureties) must have an A.M. Best Rating of A, Class X

or better. All sureties must be authorized by law to do business in Florida and also must be listed

in the U.S. Department of Treasury Circular 570.

5.3.12 Appendix G - Current and Recent Litigation

Provide relevant information and details concerning all current or recent (within last five years)

claims and/or litigation involving alleged damages totaling more than $100,000 against Proposer

or any member firm of the Proposer team filed in any Federal or state court in the United States,

or the courts of any other country in which the Proposer is doing business, not matter where

filed.



SECTION 6. PROPOSAL EVALUATION AND SELECTION

6.1 General

The Proposals will be reviewed and evaluated by the City’s Selection Committee (with assistance

provided by the Design Engineer and/or other outside advisors, if desired by City) according to

the requirements and criteria outlined in this RFP Section 6. During the Proposal evaluation

process, written questions or requests for clarification may be submitted to one or more

Proposers regarding its Proposal or related matters. Failure to respond in a timely manner to any

such questions or requests may be grounds for elimination of the Proposer from further

consideration. In addition, the City may require that all or a limited number of Proposers

participate in interviews.

The Purchasing Code, Chapter 30, Code of the City of Daytona Beach, sets forth the general

review procedures for competitive sealed proposals. Under the Purchasing Code, the City

Manager is required to evaluate and rank responsive Proposals in accordance with the criteria

identified in the RFP. Before submitting a recommendation for contract award pursuant to this

RFP to the City Commission, the City Manager is authorized to “shortlist’ and negotiate with

one or more of the Proposers who submitted the highest ranked Proposals. As part of these

negotiations, the City Manager may request revised Proposals from shortlisted Proposers.

The City Manager has adopted a policy delegating the task of initially ranking responsive

Proposals to a Selection Committee. The Selection Committee may require personal interviews

with Proposers before submitting its recommendations to the City Manager.

6.2 Selection Process Overview

For the purpose of selecting the most qualified firm, the City will use a competitive selection

process as set forth in pertinent City and State procurement requirements. The procedure will

involve the following steps:

a. The City will advertise and mail RFP Invitations to interested Proposers.

b. The City’s Selection Committee will review, rank, and shortlist all Proposals received

by the established deadline for submission. Proposer interviews with the short-listed

Proposers to make presentations to clarify their Proposals may be required. These

presentations will serve to explain implementation techniques integral to their written

Proposal.

c. The City’s Selection Committee will then rank each Proposal and prepare a

recommendation for approval by the City Manager. Upon receipt of the City

Manager’s authorization, the City’s Project Manager shall negotiate a contract with

the selected firm. Should the Project Manager be unable to negotiate a satisfactory

contract with the firm considered to be most qualified, the City Manager, or designee,

shall terminate such negotiations with that firm and begin negotiations with the next

most qualified firm and so on until negotiations are successful.



d. The City Commission has the sole authority to bind the City to the terms and

conditions of a contract that has been approved in a public meeting of the City

Commission, executed by the Mayor and City Clerk, and approved by the City

Attorney. The City Commission reserves the right to modify or reject any contract for

the acquisition of goods and/or services submitted to it for consideration.

6.3 Responsiveness

Each Proposal will be reviewed to determine whether it is responsive to the RFP. Failure to

comply with the requirements of this RFP as described in Section 5 of the RFP may result in a

Proposal being rejected as non-responsive. At its sole discretion, however, the City may waive

any such failure to meet a requirement of this RFP and may request clarification or additional

information to remedy a deficiency.

6.4 Proposal Opening - Late Proposals

Proposals will be opened publicly, the name of the Proposers read aloud and recorded, on the

date and time indicated in Section 4.2 of this RFP, at the location specified in this Request for

Proposals. It is the Proposers’ responsibility to make certain that his/her Proposal is in the hands

of the Purchasing Agent prior to the opening time at the specified location. Any Proposal

received thereafter will be rejected and returned to the Proposer.

6.5 Minimum Qualification Requirements

Each responsive Proposal will be reviewed to determine whether it meets the Minimum

Qualification Requirements outlined in this subsection. At its sole discretion, the City may waive

any failure to satisfy such requirements and may request clarification or additional information to

address any questions that may arise in this regard. Any Proposal that does not satisfy all of the

following Minimum Qualification Requirements may be rejected.

Performance and Payment Bonds. The Proposer has capacity to provide performance

and payment bonding each in the amount of $27 million.

Licensing and Registration. The Proposer and all subcontractors must be licensed in the

State of Florida at the time of Proposal submittal for the type of work to be performed.

Water/Wastewater Facility Construction Experience. Within the past ten (10) years, the

Proposer must have at least substantially completed the construction of at least one (1) water

or wastewater treatment facility upgrade or expansion projects with treatment capacity of at

least 10 MGD for municipal clients in the United States.

Alternative Project Delivery Experience. Within the past ten (10) years, the Proposer must

have at least substantially completed the construction of at least one (1) project under an

alternative project delivery approach (e.g. design-build, CMAR, design-build-

operate/finance, P3, etc.).



Safety record. The Proposer must have achieved an experience modification rate (EMR)

of not greater than 1.0 for the current and past two years.

6.6 Evaluation Criteria

The Selection Committee will evaluate and rank the Proposals that satisfy the Minimum

Qualification Requirements identified in Section 6.5 above by applying weighted evaluation

criteria, as set forth below, to information provided in Proposals.

Each criterion will be scored between 1 and 5; 1=poor, 2=below average, 3=average, 4=above

average, 5=excellent. Scores will be multiplied by the criterion weight for a weighted score;

weighted scores will be totaled for the weighted total score.

Project Management Approach (10%)

Criterion will consider information provided in Proposal Part 2 - Project

Management Approach as described in RFP Section 5.3.3.

Project Delivery Approach (20%)

Criterion will consider information provided in Proposal Part 3 - Project Delivery

Approach as described in RFP Section 5.3.4.

Experience

o Proposer (20%)

o Project Manager (15%)

o Key Personnel (10%)

o Project performance (25%)

Criterion will consider information provided in Proposal Part 4 - Experience as

described in RFP Section 5.3.5., including information contained in the completed

Proposer Experience Reference Forms and Project Manager Experience Reference

Forms.

6.7 Proposer Interviews

The Selection Committee may elect to conduct interviews with the highest ranked Proposers if

deemed necessary. Information regarding the format and content of the interviews will be

provided at a later date.



SECTION 7 CONDITIONS FOR PROPOSERS

7.1 Ineligible Firms and Individuals

The following firms and individuals are serving in an advisory capacity to the City for this

Project and are therefore not eligible to assist or participate with any Proposer that submits a

Proposal for the Project:

Carollo Engineers, Inc.

7.2 Conflict of Interest

The award of any contract hereunder is subject to the provisions of Chapter 112, Florida Statutes.

The Proposer must disclose with the Proposal, the name of any officer, director, partner,

associate, or agent, who is also an officer or employee of the City of Daytona Beach.

7.3 Rights of the City

In connection with this procurement process, including the receipt and evaluation of Proposals

and award of the CMAR Contract, City reserves to itself (at its sole discretion) all rights available

to it under applicable law, including without limitation, with or without cause and with or without

notice, the right to:

Cancel, withdraw, postpone, or extend this RFP, in whole or in part, at any time prior to

the execution of the CMAR Contract, without incurring any obligations or liabilities

Modify the procurement schedule

Waive deficiencies, informalities and irregularities in a Proposal and accept and review a

non-conforming Proposal

Suspend and terminate the procurement process or terminate evaluations of Proposals

received

Permit corrections to data submitted with any Proposal

Hold meetings and interviews, and conduct discussions and correspondence, with one or

more of the Proposers to seek an improved understanding of any information contained in

a Proposal

Seek or obtain, from any source, data that has the potential to improve the understanding

and evaluation of the Proposals

Seek clarification from any Proposer to fully understand information provided in the

Proposal and to help evaluate and rank the Proposers

Accept or reject any or all Proposals that it may in its sole discretion deem non-

responsive, to waive technicalities, or to accept the Proposal that, in its sole judgment, is

most advantageous and best serves the over-all interest of the City.



Reject a Proposal containing exceptions, additions, qualifications or conditions not called

for in the RFP or otherwise not acceptable to the City

Conduct an independent investigation of any information, including prior experience,

included in a Proposal by contacting project references, accessing public information,

contacting independent parties, or any other means

Request additional information from a Proposer during the evaluation of its Proposal

7.4 Obligation to Keep Project Team Intact

Proposers are advised that all firms and Key Personnel identified in their Proposals in response to

the requirements of RFP Section 5.3.5 and identified in RFP Attachment A shall remain on the

CM team for the duration of the procurement process and execution of the Project. If

extraordinary circumstances require a change, it must be submitted in writing to the City, who

shall have sole discretion to determine whether to authorize a change, recognizing that certain

circumstances (such as termination of employment) may occur that are beyond the CM’s control.

Unauthorized changes to the Project team at any time during the procurement process may result

in elimination of the Proposer from further consideration.

7.5 Additional Conditions

NON-COLLUSION: By submitting a Proposal in response to the RFP, the Proposer represents

that, should the Proposal be accepted, the resulting contract(s) would not violate any provisions

of federal law or regulations, or any ordinances or regulations established by the City. The

Proposer warrants as an integral and essential part of his/her Proposal: (a) that he/she has not

participated in nor is he/she obligated or bound by any agreement, arrangement or other

understanding with any person, firm or corporation with respect to the allocation of the business

afforded by or resulting from the acceptance of his/her Proposal; (b) that his/her Proposal is or is

intended to be competitive and free from any collusion with any person, firm or corporation; and

(c) that he/she is not a party to nor has participated in nor is he/she obligated or otherwise bound

by any agreement, arrangement or other understanding with any person, firm or corporation

relating to the exchange of information concerning Proposals, prices, terms or conditions upon

which the contract(s) resulting from this acceptance is to be performed.

Proposers must provide the completed and notarized Anti-Collusion Statement Form provided in

Attachment F of the RFP with the Proposal submittal.

ANTI-DISCRIMINATION: During the performance of the contract, the Proposer agrees as

follows:

a. The Proposer will not discriminate against any employee or applicant for

employment because of race, religion, color, sex, or national origin.

b. Notices, advertisements and solicitations placed in accordance with federal law,

rule, or regulation shall be deemed sufficient for the purpose of meeting the



requirement of this section.

PROPOSAL PREPARATION COSTS: By submittal of a Proposal, the Proposer agrees that

all costs associated with the preparation of his/her Proposal and interview preparation/materials

(if applicable) will be the sole responsibility of the Proposer. The Proposer also agrees that the

City bears no responsibility for any costs associated with the preparation of the Proposal and/or

any administrative or judicial proceedings resulting from the solicitation process.

DRUG FREE WORKPLACE: The selected firm must provide the Drug Free Workplace Form

provided in Attachment F of this RFP in accordance with Florida Statute 287.087.

PUBLIC ENTITY CRIME STATEMENT (FS 287.133): A person or affiliate who has been

placed on the convicted vendor list following a conviction for a public entity crime may not

submit a Proposal on a contract to provide any goods or services to a public entity, may not

submit a Proposal on a contract with a public entity for the construction or repair of a public

building or public work, may not submit Proposals on leases of real property to a public entity,

may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under

a contract with any public entity, and may not transact business with any public entity in excess

of the threshold amount provided in Florida Statutes 287.170 for CATEGORY TWO for a period

of 36 months from the date of being placed on the convicted vendor list. The selected firm must

provide the Public Entity Crime Statement Form provided in Attachment F of this RFP in

accordance with Florida Statute 287.087, with the Proposal submittal.

OCCUPATIONAL SAFETY AND HEALTH ACT (O.S.H.A.): In instances where such is

applicable due to the nature of the matter with which this Proposal is concerned, all material,

equipment, etc., as proposed and offered by Proposers must meet and conform to all O.S.H.A.

requirements; the Proposer's signature upon the Proposal being by this reference considered a

certification of such fact.

TRENCH SAFETY ACT: The purpose and intent of this act is to provide for increased worker

safety by requiring compliance with sufficient standards for trench safety. Proposers must

complete the Trench Safety Act Form provided in Attachment F of this RFP with the Proposal

submittal.

PATENT INFRINGEMENT, ETC: By submission of a Proposal the Proposer certifies that

the services to be furnished will not infringe any valid patent, copyright, or trademark and the

successful Proposer shall, at his/her own expense, defend any and all actions or suits charging

such infringement and hold the City harmless in case of any such infringements.



7.6 Addenda

If any revisions or clarifications to the RFP or procurement process become necessary or

desirable (at the City’s sole discretion), the City may issue written addenda.

Failure of any Proposer to obtain any such addendum shall not relieve said Proposer from any

obligation under the RFP as submitted. All addenda so issued shall become part of the Contract

Documents and Proposer shall acknowledge receipt on the Affidavit of Authenticity Form

provided in Attachment F of this RFP.



Attachment A

Definition of Terms

The definitions of some of the capitalized terms used in this RFP are presented below:

CM – The Construction Management at Risk Firm or other any other firm (such as a

subcontractor or joint-venture partner) that will provide construction services and have

responsible charge of construction of the Project.

Design Engineer – The engineering firm that will provide professional design services and have

responsible charge of the design, including preparation of the construction documents. The City's

Design Engineer is Carollo Engineers, Inc.

Draft CMAR Contract – The draft Contract, including the agreement and all of its attachments,

presented as RFP Attachment C (Draft CMAR Contract).

Key Personnel – The individuals, employed by CM or other firms included on the Project Team

and identified in Proposal Section 5, who would fill certain key roles in delivering the Project

and related services by the CM, including at least the following positions: project manager,

safety manager, quality manager, preconstruction manager, lead estimator, procurement

manager, construction manager, and construction superintendent(s).

Minimum Qualification Requirements – The requirements set forth in Subsection 6.3 of this

RFP that, at a minimum, must be satisfied by the CM (or waived by City) in order for the

Proposal to be evaluated and ranked based on the evaluation criteria described in Sections 6.4

RFP.

City – The City of Daytona Beach, Florida

Project – Westside Regional Water Reclamation Facility Improvements

Project Team – The CM, Key Personnel and any additional firms (such as subcontractors and

sub-consultants) included in the Proposal.

Proposer – The entity responding to this RFP by submitting the Proposal.

Work – Work comprises all construction and other services required by the Contract

Documents, including procuring and furnishing all materials, equipment, services and labor

reasonably inferable from the Contract Documents.



Attachment B

Scope of CMAR Services

The CM will provide the following preconstruction- and construction-phase services, as

identified and described in the Proposal, and for the price specified in the Fee and Price Proposal.

This Attachment shall be used by the Proposer for the preparation of Part 3 of the Proposal. (See

Section 5.3.4 of the RFP.)

A. PRECONSTRUCTION-PHASE SERVICES

Preconstruction-phase services will include:

1. Provide a Project Manager, all Key Personnel (as defined in Attachment A of the

RFP) and all other associated personnel necessary to fully meet the CM’s obligations

for preconstruction services;

2. Within 14 days of the notice to proceed the preconstruction phase, provide a

construction management plan that includes approach to safety, quality, cost,

schedule, project organization during both preconstruction and construction phases,

packaging, and subcontractor management plan;

3. Consult with the City and the Design Engineer to confirm understanding on all aspects

of the planning, design, and proposed construction, as well as drawings and

specifications;

4. Provide input as requested regarding information on material availability,

recommendations on equipment and/or packaging to advance construction, and

independent quantity calculations to verify quantities specified by Design Engineer;

5. Provide list of additional details that would be needed to complete the project in the

allotted time or to accelerate aspects of the work;

6. Develop independent detailed construction cost estimates, critical path method

schedules and cash flow forecasts for final design;

7. Provide monthly project planning and scheduling reports to optimize the sequencing of

constructing the project;

8. Identify long-lead equipment procurement needs and submit a report to the City;

9. Make recommendations to the City regarding the division of the Work to facilitate bids

and proposals for the major elements of the Work;

10. Advise the City regarding ways to gain efficiency in Project delivery;

11. Provide complete, detailed, written GMP, including line-item cost breakdowns with

conditions, assumptions, and contingencies;

12. Provide a Project risk management plan;

13. Provide a construction emergency response plan and site safety plan;

14. Develop, implement, and maintain a quality management plan that ensures

conformance to the project design and to every section of the specifications;

15. Develop a QC program to ensure continuing attention to the production and installation

of error-free work;



16. Provide an environmental management plan detailing programs for a storm water

pollution prevention plan and handling other environmental issues (dust, on-site

chemicals and fuel, etc.) required to comply with permits and regulations applicable to

the Project;

17. Schedule all Project construction-related activities;

18. Identify work that the Proposer intends to self-perform;

19. Identify and recommend which work, if any, should be procured through value-based

competitive selections, in lieu of low-bid selection;

20. Participate in one Project kick-off meeting for preconstruction-phase services;

21. Participate in up to 5 additional meetings or workshops with the Design Engineer, City

or others as needed;

22. If requested by the Design Engineer and/or City, provide value engineering input in

order to develop cost savings and efficiencies to reduce the GMP;

23. Identify opportunities to utilize the City's Direct Purchase Policy subject to Fla. Stat.

Section 212.08(6).

B. CONSTRUCTION-PHASE SERVICES

Construction-phase services will include the following:

1. Construct Project consistent with all relevant federal, state, county, and City laws and

codes;

2. Discuss Project with subcontractors and material suppliers to determine workloads,

bonding capacity, and worker/mechanic availability;

3. Review rules for how and when a CM can self-perform some elements of a project

with its own forces and systems for selection;

4. Prepare the bids/proposals packages for the elements of the Work incorporating the

requirements of the Contract;

5. Provide management of and assistance for the City's Direct Purchase Policy subject to

Fla. Stat. Section 212.08(6) as requested by City to allow avoidance of payment of

sales tax on certain high value building materials and supplies;

6. Develop and submit recommendations for awarding the subcontracts to construct the

Project;

7. Participate in up to two (2) Project kick-off meetings for construction-phase services;

8. Perform the construction portion of the Work in strict accordance with all applicable

Contract Documents;

9. Coordinate and manage the Work that includes all required appurtenances, necessary

site improvements, and all other work required to make a complete and operable

system within the GMP and the allowable contract time;

10. Coordinate with various local and state agencies, as necessary and/or requested by

City;

11. Arrange for procurement of materials and equipment;



12. Manage all procurement and construction-related subcontracts while meeting the City's

requirements for procurement of subcontractor and supplier bids or proposals. This

effort includes inspecting the Work performed by subcontractors to ensure

conformance with the Contract Documents;

13. Monitor and maintain quality controls over shop drawings, equipment and materials,

implementation, and Work;

14. Provide performance, payment, and any other security for performance as described in

bonds as described in Attachment C of this RFP;

15. Provide insurance for the preconstruction and construction phases as detailed in this

RFP;

16. Implement the construction site safety plan to provide a safe working site for the

Project, maintain, update and implement as needed for the emergency response plan;

17. Conduct a meeting with all the contractors and sub-contractors performing major

elements of the Work prior to the start of their activities;

18. Obtain any necessary construction permits;

19. Manage storm water runoff and dust;

20. Establish and implement procedures to track, expedite and process all submittals,

change orders, and requests for information;

21. Engage and oversee the activities of a third party materials testing laboratory;

22. Review and process shop drawings and other documents for submittal to Design

Engineer;

23. Establish a critical path method schedule for the Project, monitor and update the

construction schedule monthly, prepare two-week look ahead work schedules

consistent with overall schedule;

24. Review and process all pay applications from subcontractors;

25. Comply with all requirements associated with SRF funding;

26. Conduct monthly progress meetings with the on-site trade foremen or superintendents;

27. Attend monthly meetings with the Design Engineer and City staff and provide written

monthly progress report and updated schedule;

28. Maintain current hard copies of project as-built drawings, including all subcontracted

work, and submit monthly in hard copy, PDF and electronic format, as specified by the

Design Engineer;

29. Develop, implement and manage a commissioning, start-up and testing plan necessary

for the City to accept the Project as completed and ready to use;

30. Expedite and coordinate delivery, storage, security and installation of direct purchased

material and equipment, as applicable;

31. Supervise/manage the warranties provided to the City for the equipment and

construction work;

32. Receive warranty work items from the subcontractors and vendors, and provide same

to City upon final completion of the Project, or at a date negotiated by the parties;



33. Conduct a walk-through with the City and Design Engineer to ensure that the City,

Design Engineer, and CM are in agreement that the construction–phase work is

complete before the one-year warranty goes into effect;

34. Implement close-out procedures necessary for the City to accept the Project as being

finally complete;

35. Complete all construction-phase services and Work, including performance testing;

and

36. Prepare a final report on all construction costs.

Attachment C

Draft CMAR Contract

WESTSIDE REGIONAL WATER RECLAMATION FACILITY

IMPROVEMENTS

CONSTRUCTION MANAGEMENT AT RISK SERVICES

DRAFT - FOR REVIEW PURPOSES ONLY

CONTRACT NUMBER: 0317-2370

CONSTRUCTION MANAGER: TBD

OWNER: The City of Daytona Beach

P.O. Box 2451

Daytona Beach, Florida 32115

(386) 671-8610 Fax (386) 671-8620

DESIGN ENGINEER: Carollo Engineers, Inc.


CONTRACT FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES

This Contract (or “this Agreement”) is made and entered into on the day of

, 2017, by and between THE CITY OF DAYTONA BEACH, FLORIDA, the

Owner or the City, and ___________________________________________________, the

Construction Manager (“CM”)

For the mutual covenants, conditions, and considerations set forth herein, the Parties hereto do

hereby agree as follows:

ARTICLE 1

EXTENT OF AGREEMENT

The CM accepts the relationship of trust and confidence established between him and the Owner

by this Contract agrees to provide Construction Management at Risk services as provided herein.

The CM covenants to furnish his best skill and judgment as the CM with specific expertise in

construction of specific wastewater infrastructure improvements for the Westside Regional Water

Reclamation Facility.

1.1 Definitions.

Construction Phase—the portion of the project to be completed by CM after the GMP

is approved, if applicable.

Design Engineer —The firm that is providing specific engineering services to the City

of Daytona in support of the Project. These services are described in Attachment D of the Request for

Proposals. The Design Engineer is Carollo Engineers, Inc.

Effective Date – The date of this Contract as stated in the first paragraph of the Contract.

Estimate - The CM's latest estimate of probable project construction cost.

Pre-Construction Phase—the phase of the project prior to the execution of the GMP

amendment

GMP - Guaranteed Maximum Price for construction of the Project pursuant to the

provisions of this Contract.

GMP Amendment—the amendment to this Contract required for construction of the

project to proceed past Pre-Construction Phase Services as described herein.

Owner’s Construction Budget - The sum total of all of the Owner's funds, budgeted and

requested, for construction of the Project. The Owner's Construction Budget includes all CM Fees


set forth in Article 8, Costs of the Project set forth in Article 9, and CM's construction contingencies

described in Article 7. This acknowledgment of the Owner's budgeted funds is not to be construed

as the GMP.

Permitting Authority - any federal, state, or local governmental agency with jurisdiction

over the project.

Project — the total work be performed pursuant to this Contract. The project includes

improvements to the Westside Regional Water Reclamation Facility as described in the Request for

Proposals (RFP), and in accordance with the General Conditions attached to this Contract as Exhibit

A and, upon completion the construction drawings, which will be attached to this Contract through

the GMP Amendment.

Project Manager — the person designated by the Owner to have direct interface on

behalf of Owner with the CM; provided, however, that in all instances the City Manager of the City

of Daytona Beach will also have authority to act as Owner.

Request for Proposals (RFP) — [definition to be developed in accordance with City

standards and final RFP].

Subcontractor - a person or organization that has a direct contract with the CM to

perform any work at the site or deliver any materials or supplies to the site, and where the context

requires, Subcontractors to such persons or organizations.

As used herein, the terms, “this Agreement” and “this Contract” will be interpreted to

include all Contract Documents. Other words and phrases used in the Contract Documents, including

this Agreement, will have the meanings given them in the General Conditions; where not defined in

the General Conditions, the generally accepted meaning as they are used in the construction industry;

and, if there is no such generally accepted meaning, they will be interpreted according to their

common and customary usage. Headings are used herein solely for convenience.

1.2 Integration. This written contract between the Owner and the CM supersedes any prior

negotiations, representations or agreements between the parties. This Agreement will not be

superseded by any provisions of the documents for construction and may be amended only by written

instrument signed by both Owner and CM.

1.3 Construction Team. The CM, the Owner, and the Design Engineer are referred to herein

collectively as the “Construction Team.” The CM and the Design Engineer will work jointly during

the pre-construction phase and through final construction completion and will be available thereafter

should additional services be required. The Design Engineer will provide leadership of the

Construction Team during the pre-construction phase with support from the CM. The CM will

provide leadership of the Construction Team on all matters relating to construction.


ARTICLE 2

CM SERVICES

The CM will provide all CM services necessary to complete the successful construction of the

project. The detailed description of services which follows is intended to assist the Owner in

understanding the scope of those services, and is not designed to be totally complete or exhaustive,

or to exclude services not specifically mentioned.

2.1 Task 1

2.1.1 Task 1.1:

(1)

(2)

(3)

2.1.2 Task 1.2:

2.1.3 Task 1.3:

2.2 Task 2

2.2.1 Task 2.1

2.3 Design Review and Recommendations.

2.3.1 Review Recommendations and Warranty: The CM will familiarize himself

thoroughly with all drawings, plans, specifications, and other materials provided in

Attachments D and E of the RFP. As requested, the CM will make

recommendations with respect to the selection of systems and materials, and cost-

reducing alternatives including assistance to the Design Engineer and Owner in

evaluating alternative comparisons versus long term cost effects. The evaluation

will speak to the benefits of the speed of construction and early completion of the

project. CM will furnish pertinent information as to the availability of materials and

labor that will be required. The CM will submit to the Owner, Permitting

Authorities (as applicable) and Design Engineer such comments as may be

appropriate concerning construction feasibility and practicality. The CM will call

to the Owner's and the Design Engineer's attention any apparent defects in the

design, drawings and specifications or other documents. The CM will prepare

estimates of the construction cost utilizing the unit quantity survey method in the

CSI format.


2.3.2 Review Reports and Estimates: On or before the enumerated deadlines set forth

in in this Article, the CM will provide review reports containing (i) detailed cost

estimates in the described format set forth in Paragraph (1) above, (ii) suggestions

or recommendations previously submitted, (iii) additional suggestions or

recommendations as the CM may deem appropriate, and all actions taken by the

Design Engineer with respect to same, (iv) any comments the CM may deem to be

appropriate with respect to separating the work into separate contracts and

alternative materials, and (v) all comments called for under Section 2.3. CM will

provide the review reports to the Owner and the Permitting Authority, with copies

to the Design Engineer.

AT THE COMPLETION OF THE CONSTRUCTION MANAGER’S REVIEW

OF THE PLANS AND SPECIFICATIONS, EXCEPT ONLY AS TO SPECIFIC

MATTERS AS MAY BE IDENTIFIED BY APPROPRIATE COMMENTS

PURSUANT TO THIS SECTION, THE CONSTRUCTION MANAGER WILL

WARRANT, WITHOUT ASSUMING ANY DESIGN OR ENGINEERING

RESPONSIBILITY, THAT THE PLANS AND SPECIFICATIONS ARE

CONSISTENT, PRACTICAL, FEASIBLE, AND CONSTRUCTIBLE. THE

CONSTRUCTION MANAGER WILL WARRANT THAT THE WORK

DESCRIBED IN THE PLANS AND SPECIFICATIONS FOR THE VARIOUS

BIDDING PACKAGES IS CONSTRUCTIBLE WITHIN THE SCHEDULED

CONSTRUCTION TIME.

2.3.3 Long Lead Procurement: The CM will review the design for the purpose of

identifying long lead procurement items (machinery, equipment, materials, and

supplies). When each item is identified, the CM will notify the Subcontractors,

Owner and the Design Engineer of the required procurement and schedule. Such

information will be included in the bid packages and made a part of all affected

subcontracts. As soon as the Design Engineer has completed drawings and

technical specifications and the CM has obtained applicable permitting approval,

the CM will prepare invitations for bids. Copies of the invitation to bid will be

supplied to Owner in advance for Owner's review. The CM will keep himself

informed of the progress of the respective Subcontractors or suppliers,

manufacturing, or fabricating such items and advise Owner and Design Engineer

of any problems or prospective delay in delivery.

2.3.4 Separate Contracts Planning: The CM will review the design and will determine

how he desires to divide the sequence of construction activities, and will determine

the breakdown and composition of bid packages for award on the current schedule

while the design is being completed, and will supply copy to Owner for his review.

He will take into consideration such factors as natural and practical lines of

severability, sequencing effectiveness, access and availability constraints, total

time for completion, construction market conditions, availability of labor and


materials, community relations, and any other factors pertinent to saving time and

cost by overlapping design and construction that are authorized by the Owner. The

CM will supply the Owner a copy of the schedule for the Owner's review.

2.3.5 Interfacing:

(1) The CM will take such measures as are appropriate to provide that all

construction requirements will be covered in the separate procurement of

long lead items, the separate construction Subcontractors and the general

conditions items performed without duplication or overlap, sequenced to

maintain completion of all work on schedule. Particular attention will be

given to provide that each bid package clearly identifies the work included

in that particular separate subcontract, its schedule for start and completion

and its relationship to other separate Contractors.

(2) Without assuming any Design responsibilities of the Design Engineer, the

CM will include in the reports required under Article 2.3.2 comments on

overlap with any other separate subcontracts, omissions, lack of correlation

between drawings, and any other deficiencies noted, in order that the Design

Engineer may arrange for necessary corrections.

2.3.6 Job-Site Facilities: The CM will arrange for all job-site facilities as required by

the Owner and necessary to enable the CM and Design Engineer to perform their

respective duties and to accommodate any representatives of the Owner which the

Owner may choose to have present on the job, the description of which will be

finalized prior to the establishment of the GMP.

2.3.7 Weather Protection: The CM will ascertain what temporary enclosures of building

areas, if any, should be provided for and may be provided as a practical matter, in

order to assure orderly progress of the work in periods when extreme weather

conditions are likely to be experienced.

2.3.8 Market Analysis and Stimulation of Bidder Interest:

(1) The purpose of this subsection is to insure that the CM makes a genuine

effort to stimulate interest in the project and maximize participation of

potential qualified Subcontractors in the bidding process. The CM will

monitor conditions in the construction market to identify factors that will or

may affect costs and time for completing the project; he will make analysis

as necessary to (i) determine and report on availability of labor, materials,

equipment, potential bidders, and possible impact of any shortages or

surpluses of labor or material, and (ii) in light of such determination, make

recommendations and take action as may be appropriate with respect to long

lead procurement, separation of construction into bid packages, sequencing


of work, use of alternative materials, equipment or methods, other

economics in design or construction, and other matters that will promote

cost savings and completion within the schedule time.

(2) Within 30 days after the Effective Date, the CM will submit a written

Construction Market Analysis and Prospective Bidders Report identifying

potential bidders. As various bid packages are prepared for bidding, the

CM will submit to the Owner and Design Engineer, a list of potential

bidders. The CM will be responsible to stimulate bidder interest in the local

market place and identify and encourage bidding competition.

(3) The CM will carry out an active program of stimulating interest of qualified

Contractors, in bidding on the work and of familiarizing those bidders with

the requirements of this project.

2.4 Construction Phase.

2.4.1 CM's Staff: The CM will maintain sufficient off-site support staff, and competent

full time staff at the Project site authorized to act on behalf of the CM to coordinate,

inspect, and provide general direction of the work and progress of the Subontractors

and he will provide no less than those personnel during the respective phases of

construction as set forth in Exhibit B. The CM will not change any of those persons

named unless mutually agreed to by the Owner and CM. In such case, the Owner

will have the right of approval of the qualifications of replacement personnel.

2.4.2 Lines of Authority: The CM will establish and maintain lines of authority for its

personnel, and will provide this definition to the Owner and all other affected

parties, such as the code inspectors of the Permitting Authority, the Subcontractors,

and the Design Engineer to provide general direction of the work and progress of

the various phases and Subcontractors. The Owner and Design Engineer may attend

meetings between the CM and his subcontractors; however, such attendance is

optional and will not diminish either the authority or responsibility of the CM to

administer the subcontract(s).

2.4.3 Schedule and Policy and Procedure Manual Provision-Construction Phase:

The CM will provide the Owner, its representatives and the Design Engineer with

copies of the Policy and Procedure Manual (total number of copies not to exceed

6) developed and updated as required by Article 2.2 expanded for the Construction

Phase employing their respective milestones, beginning and finishing dates, their

respective responsibilities for performance and the relationships of their work with

respect to Subcontractors and suppliers. The CM will also continue to provide

current scheduling information and provide direction and coordination regarding

milestones, beginning and finishing dates, responsibilities for performance and the

relationships of the CM's work to the work of his Subcontractors and suppliers to


enable them to perform their respective tasks so that the development of

construction progresses in a smooth and efficient manner in conformance with the

overall project schedule. The schedule will include all phases of the construction

work, material supplies, long lead procurement, approval of shop drawings, change

orders in progress, schedules for change orders, and performance testing

requirements. The CM will advise the Owner, its representatives and the Design

Engineer of their required participation in any meeting or inspection giving each at

least one week notice unless such notice is made impossible by conditions beyond

his control. The CM will hold jobsite meetings at least once each month with the

Construction Team and at least once each week with the Subcontractors and the

Design Engineer’s Field Representative, or more frequently as required by work

progress, to review progress, discuss problems and their solutions and coordinate

future work with all Subcontractors.

2.4.4 Solicitation, Review, and Award of Bids:

(1) The CM will ensure that all contracts awarded for materials and supplies

include language notifying subcontractors and suppliers of the Owner’s

right to directly purchase materials or supplies pursuant to the direct

purchase provisions of this Contract. The CM will ensure that all bids for

materials and supplies extend to the Owner the right to directly purchase the

materials and supplies bid at the prices quoted, less sales tax.

(2) The CM will prepare invitations for bids for all procurement of long lead

items, materials, and services, for Subcontractor contracts and for site

utilities. The Owner will have the right to review invitation for bids and bid

packages prior to distribution to bidders.

(3) As part of such preparation, the CM will review the specifications and

drawings prepared by the Design Engineer. Ambiguities, conflicts or lack

of clarity of language, use of illegally restrictive requirements, and any other

defects in the specifications or in the drawings noted by the CM will be

brought to the attention of the Owner and Design Engineer in written form.

(4) The CM will establish a pre-qualification procedure for applicable

subcontract trades, and will obtain a minimum of three bids (unless prior

approval is obtained from the Owner) from Subcontractors found to be

qualified to bid for each bid package.

(5) For each separate construction contract, the CM will, unless waived by

Owner, conduct a pre-bid conference with prospective bidders. The Design

Engineer and Owner will be invited. In the event questions are raised which

require an interpretation of the bidding documents or otherwise indicate a

need for clarification or correction of the invitation, the CM will transmit


these to the Design Engineer and upon receiving clarification or correction

in writing will prepare an addendum to the bidding document, and issue

same to all of the prospective bidders.

(6) The CM will publicly advertise all subcontracted work in accordance with

The City of Daytona Beach purchasing ordinance and will receive all bids

at the pre-noticed time and place. The CM will open and review all sealed

bids at the pre-noticed time and place, and in the presence of the Owner.

The CM will provide the Owner with a copy of its preliminary bid tabulation

and a copy of all bids

(7) The CM will enter into contract with those lowest responsive bidders

previously determined to be qualified by the CM.

2.4.5 Bonds: In accordance with the RFP and the provisions of Section 255.05, Florida

Statutes, the CM will provide to the Owner, on forms approved by the Owner, a

100% Performance Bond, and a 100% Labor and Material Payment Bond, each in

an amount not less than the total Guaranteed Maximum Price. .

If the CM or any of its Subcontractors elect to use payment and performance bonds

for required Performance Security, the CM or Subcontractor will use forms

provided by the City. Completed bonds must be originals, not copies, with raised

corporate seals included where applicable. The bonds must be accompanied by

sufficient evidence of the authority of the issuing agent, including a certified copy

of the power of attorney of the person signing the bond on the surety’s behalf.

The surety company executing the bonds must be must be rated “A-” Class X or

better by A.M. Best Key Rating Guide, authorized to do business in the State of

Florida, and must be listed by the United States Treasury Department Treasury

Fiscal Service, Bureau of Government Financial Operations, Federal Register, Part

V, latest revision, entitled: “Companies Holding Certificates of Authority as

Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies,”

as being approved for writing bonds for federal projects on its current list in an

amount not less than the required bond amount.

2.4.6 Quality Control: The CM will develop and maintain a program, acceptable to the

Owner and Design Engineer, to assure quality control of the construction. The CM

will be responsible for and supervise the work of all subcontractors, providing

instructions to each when their work does not conform to the requirements of the

plans and specifications and he will continue to exert his influence and control over

each subcontractor to ensure that corrections are made in a timely manner so as to

not affect the efficient progress of the work. Should a disagreement occur between


the CM and the Design Engineer over the acceptability of the work, the Owner, at

its sole discretion, will have the right to determine the acceptability.

2.4.7 Subcontractors: The CM will solely control the Subcontractors. The CM will

negotiate all change orders, field orders and request for proposals, with all affected

Subcontractors and will review the costs of those proposals and advise the Owner

and Design Engineer of their validity and reasonableness, acting in the Owner's best

interest, prior to requesting approval of each change order from the Owner. Before

any work is begun on any change order, a written authorization from the Owner

must be issued. However, when there is an eminent threat to health and safety, and

Owner's concurrence is impractical, the CM will act immediately to remove the

threats to health and safety and will subsequently fully inform Owner of all such

action taken. The CM will also carefully review and mark as approved all shop

drawings and then forward the same to the Design Engineer for review and actions.

The Design Engineer will transmit them back to the CM who will then issue the

shop drawings to the affected Subcontractor for fabrication and revision. The CM

will maintain a suspense control system to promote expeditious handling. The CM

will request the Design Engineer to make interpretations of the drawings or

specifications requested of him by the Subcontractors. The CM will tell the Design

Engineer which shop drawings or requests for clarification have the greatest

urgency and need to be responded to first, the purpose being to enable the Design

Engineer to prioritize requests coming from the CM. CM will provide adequate

time within their schedule for review of shop drawings and clarification requests

but in no case will it be less than 14 calendar days for shop drawings and 7 calendar

days for clarification requests. The CM will advise the Owner and Design Engineer

when timely response is not occurring on any of the above.

2.4.8 Permits: The CM will secure all necessary building permits from the Permitting

Authorities and all necessary utility connection permits, the cost of which will be

considered a Cost of the Work item and will be considered a reimbursable cost item

as outlined in Article 9. The Owner will fully cooperate with the CM where

necessary.

2.4.9 Job Site Requirements:

(1) The CM will provide for each of the following activities as a part of his

General Conditions, Services, and Fee:

(a) Maintain a log of daily activities, including manpower records,

weather, delays, major decisions, etc.

(b) Maintain a roster of companies on the project with names and

telephone numbers of key personnel.


(c) Establish and enforce job rules governing parking, clean-up, use of

facilities and worker discipline.

(d) Provide labor relations management for a harmonious, productive

project.

(e) Provide and administer a safety program for the project to meet

OSHA requirements. Monitor for Subcontractor compliance

without relieving them of responsibilities to perform work in

accordance with the best acceptable practice.

(f) Provide and administer a quality control program as stated under

Article 2.4.6 hereinabove.

(g) Provide miscellaneous office supplies that support the construction

efforts which are consumed by its own forces.

(h) Provide for travel to and from its home office to the project site and

Daytona Beach as the project requires.

(2) The CM will provide personnel and equipment or will arrange for separate

Subcontractors to provide each of the following as a Cost of the Work item,

or in the event the Owner provides such services, the CM will be responsible

for coordinating:

(a) Services of independent testing laboratories.

(b) Printing and distribution of all required bidding documents and shop

drawings, including the sets required by the Permitting Authority's

inspectors.

(c) The Owner may require Threshold Inspections by an independent

CM at pertinent stages throughout the construction project. The

Threshold Inspector will advise the CM, the Owner, and the Design

Engineer of the required inspection incidents. The CM will provide

the Threshold Inspector with sufficient notice to enable the

inspections to take place at the appropriate times.

2.4.10 Project Management Information System (PMIS).

.1 General:

(1) Commencing immediately after contract award, the Contractor shall

implement and shall utilize throughout the life of this Contract all


subsystems of the Project Management Information System hereinafter

referred to as PMIS.

(2) The reports, documents, and data to be provided shall represent an accurate

assessment of the current status of the Project and of the work remaining to

be accomplished and it shall provide a sound basis for identifying variances

and problems and for making management decisions. It shall be prepared

and furnished to the Owner and the Architect monthly and shall accompany

each pay request.

(3) If requested by the Owner, the Contractor shall conduct a comprehensive

workshop in Daytona Beach, Florida, for participants designated by the

Owner and additional seminars as required to provide instruction. This

workshop and the seminars shall facilitate each participant's and the

Owner's representatives' use and understanding of PMIS.

(4) The PMIS shall be described in terms of the following major subsystems:

(a) Narrative Reporting;

(b) Schedule Control;

(c) Cost Control and Estimating;

(d) Project Accounting;

(e) Accounting and Payment;

(f) Action Reports.

The above reports shall be submitted at least on a monthly basis.

.2 Narrative Reporting Subsystem.

(1) The Contractor shall prepare written reports as described hereunder. All

reports shall be in8–1/2" x 11" format.

(2) The Narrative Reporting Subsystem shall include the following reports:

(a) A Monthly Executive Summary which provides an overview of

current issues and pending decisions, future developments and

expected achievements, and any problems or delays, including code

violations found by the Permitting Authority.

(b) A Monthly Cost Narrative describing the current construction cost

estimate status of the Project.

(c) A Monthly Scheduling Narrative summarizing the current status of

the overall project schedule. This report shall include an analysis of

the various project schedules, a description of the critical path, and


other analyses as necessary to compare planned performance with

actual performance.

(d) A Monthly Accounting Narrative describing the current cost and

payment status of the entire project. This report shall relate current

encumbrances and expenditures to the budget allocations.

(e) A Monthly Construction Progress Report during the construction

phase summarizing the work of the various subcontractors. This

report shall include information from the weekly job site meetings

as applicable such as general conditions, long lead supplies, current

deliveries, safety and labor relations programs permits, construction

problems and recommendations, and plans for the succeeding

month.

(f) MBE and WBE status report.

(g) A Daily Construction Diary during the construction phase describing

events and conditions on site.

(h) A quarterly report summarizing direct purchases and associated

sales tax savings

(3) The Reports outlined in subsection (2) (a) through (h) above shall be bound

with applicable computer reports and submitted monthly during design and

construction phases and shall be current through the end of the preceding

month. Copies shall be transmitted to the Owner and the Architect. A

bound copy, of the complete diary shall be submitted to the Owner at the

conclusion of the project.

.3 Scheduled Control Subsystem.

(1) Master Project Schedule: Immediately upon execution of this Contract, the

Contractor shall submit a master project schedule covering the pre-

construction, construction, and Owner occupancy of the Project. The

master project schedule shall be produced and updated monthly throughout

the project.

(2) Construction Schedule: Within thirty (30) days after the date of the Owner’s

issuance of Notice to Proceed for the construction phase, the Contractor

shall prepare and submit to the Owner a construction schedule graphically

depicting the activities contemplated to occur as a necessary incident to

performance of the work required to complete the project, showing the

sequence in which the Contractor proposes for each activity to occur and


duration (dates of commencement and completion, respectively) of each

activity. Form of the construction schedule shall be Primavera, and will be

acceptable to the Owner if used by the Contractor; provided, however, that

the Owner shall determine whether the construction schedule developed and

submitted by the Contractor meets the requirements stated above; and such

determination shall be binding on the Contractor. Failure of the Contractor

to develop and submit a construction schedule as aforesaid shall be

sufficient grounds for the Owner to find the Contractor in substantial default

and that sufficient cause exists to terminate the contract or to withhold any

payment.

Following development and submittal of the construction schedule, the

Contractor shall, at the end of each calendar month or at such earlier

intervals as circumstances may require, update and/or revise the

construction schedule which shall be submitted to the Owner in duplicate.

Failure of the Contractor to update, revise, and submit the construction

schedule shall be sufficient grounds for the Owner to find the Contractor in

substantial default and that sufficient cause exists to terminate the Contract

or to withhold payment to the Contractor until a schedule or schedule update

acceptable to the Owner is submitted.

(3) The Contractor shall prepare and incorporate into the schedule database, at

the required intervals, the following schedules:

(a) Pre-Bid Schedules (Subnetworks): The Contractor shall prepare a

construction schedule for work encompassed in each bid package.

The schedule shall be sufficiently detailed as to be suitable for

inclusion in the bid package as a framework for contract completion

by the successful bidder. It shall show the interrelationships between

the work of the successful bidder and that of other subcontractors,

and shall establish milestones keyed to the overall master schedule.

(b) Subcontractor Construction Schedules (Subnetworks): Upon the

award of each subcontract, the Contractor shall jointly with the

subcontractor, develop a schedule which is more detailed than the

pre-bid schedule included in the bid packages, taking into account

the work schedule of the other subcontractors. The construction

schedule shall include as many activities as necessary to make the

schedule an effective tool for construction planning and for

monitoring the performance of the subcontractor. The construction

schedule shall also show pertinent activities for material purchase

orders, shop drawing schedules and mater


(c) Occupancy Schedule: The Contractor shall jointly develop with the

Architect and Owner a detailed plan, inclusive of punch lists, final

inspections, maintenance training, and turn-over procedures, to be

used for ensuring accomplishment of a smooth and phased transition

from construction to agency occupancy. The Occupancy Schedule

shall be produced and updated monthly from its inception through

final Owner occupancy.

.4 Cost Control Subsystem: The operation of this subsystem shall provide sufficient

timely cost data and detail to permit the Contractor to control and adjust the project

requirements, needs, materials, equipment and systems by building and site

elements so that construction will be completed at a cost which, together with all

other project costs, will not exceed the maximum total construction budget.

Requirements of this subsystem include submissions at the following phases of the

project:

(1) At establishment of the Guaranteed Maximum Price.

(2) Pre-Construction Progress Estimates.

.5 Project Accounting Subsystem: This subsystem shall enable the Contractor to plan

effectively and the Owner to monitor and control the funds available for the project,

cash flow, costs, change orders, payments, and other major financial factors by

comparison of budget, estimate, total commitment, amounts invoiced, and amounts

payable, and also enable the Owner to stay informed. This subsystem will be

produced and updated monthly and includes the following reports:

(1) Costs Status Report representing the budget, estimate, and base

commitment (awarded contracts and purchase orders) for any given contract

or budget line item. It shall show approved change orders for each contract

which when added to the base commitment will become the total

commitment. Pending change orders will also be shown to produce the total

estimated probable cost to complete the work.

(2) A Payment Status Report showing the value in place (both current and

cumulative), the amount invoiced (both current and cumulative), and the

balance remaining. A summary of this report shall accompany each pay

request.

(3) A Detailed Status Report showing the complete activity history of each item

in the project accounting structure. It shall include the budget, estimate, and

base commitment figures for each contract. It shall give the change order

history including change order numbers, description, proposed and


approved dates, and the proposed and approved dollar amounts. It shall also

show all pending or rejected change orders.

(4) A Cash Flow Diagram showing the projected accumulation of cash

payments against the project. Cash flow projections shall be generated for

anticipated monthly payments as well as cumulative payments.

(5) Payments to MBE vendors.

2.4.11: Reserved

2.4.12 Job Site Administration: The CM will provide job site administrative functions

during construction as part of his Construction Phase fee, to assure proper

documentation, including but not limited to the following:

(1) Job Meetings: Hold weekly progress and coordination meetings to provide

for an easy flowing and timely completed project. Develop a Substantial

Completion punch list of all known items of deficiency from which the

Owner and Design Engineer will either add to or amend during Substantial

Completion inspection. Implement procedures and assure timely

submittals, expedite processing approvals and return of shop drawings,

samples, etc. Coordinate and expedite critical ordering and delivery of

materials, work sequences, inspection and testing, labor allocation, etc.

Review and coordinate each Subcontractor's work. Review and implement

revisions to the Schedule. Monitor and promote safety requirements. In

addition, a regular monthly project status meeting will be held between the

Design Engineer, Owner, and CM.

Use the job site meetings as a tool for preplanning of work and enforcing

schedules and for establishing procedures, responsibilities, and

identification of authority for all to clearly understand. Identify party or

parties responsible for follow up on any problems, delay items, or questions,

and record course for solution. Revisit each pending item at each subsequent

meeting until resolution is achieved. Require all present to make any

problems or delaying event known to those present for appropriate attention

and resolution.

(2) Shop Drawing Submittals/Approvals: Provide staff to check shop drawings

and to implement procedures for submittal and transmittal to the Design

Engineer of such drawings for action, and closely monitor their submittal

and approval process.

(3) Material and Equipment Expediting: Provide staff to closely monitor

material and equipment deliveries, critically important checking and


follow-up procedures on supplier commitments of all Subcontractors and

maintain a material and equipment expediting log.

(4) Payments to Subcontractors: Develop and implement a procedure for

review, processing, and payment of applications by Subcontractors for

progress and final payments.

(5) Document Interpretation: Refer all questions for interpretation of the

documents prepared by the Design Engineer to the Design Engineer in

written form as a Request for Information (RFI).

(6) Reports and Project Site Documents: Record the progress of the project.

Submit written progress reports to the Owner and the Design Engineer,

including information on Subcontractors' work, and the percentage of

completion. Keep a daily log available to the Owner, the Design Engineer,

and the Permitting Authority inspectors.

(7) Subcontractors Progress: Prepare periodic punch lists for Subcontractor's

work including unsatisfactory or incomplete items and schedules for their

completion.

(8) Substantial Completion: Ascertain when the work or designated portions

thereof are ready for the Design Engineer's substantial completion

inspection. Develop a list of incomplete or unsatisfactory items; prepare a

schedule for their completion indicating completion dates for the Owner's

review. If the CM wishes the Design Engineer to conduct a pre-substantial

completion inspection in conjunction with the CM's own forces, the Design

Engineer will prepare the pre-substantial punch list from which the CM will

develop a completion schedule. The Design Engineer will issue a certificate

of substantial completion when work on the Design Engineer's pre-

substantial punch list has been accomplished.

(9) Final Completion: Monitor the Subcontractor's performance on the

completion of the project and provide notice to the Owner and Design

Engineer that the work is ready for final inspection. Secure and transmit to

the Owner, through the Design Engineer, all required guarantees, affidavits,

releases, bonds and waivers, manuals, record drawings, and maintenance

books including the Final Completion form. Warranties called for by this

Contract or by the Drawings and Specifications will commence on the Date

of Final Completion of the project.

(10) Start-up: Direct the check-out of utilities, operations, systems and

equipment for readiness and assist in their initial start-up and testing by the

Subcontractors with the Owner's personnel.


(11) Record Drawings: The CM will monitor the progress of his own forces or

his Subcontractors on marked up field prints which at project completion

will be sent to the Design Engineer and Owner. Prior to final closeout of

the construction project, the CM will supply to the Design Engineer a set of

marked-up record drawings in mylar and electronic format showing all

deviations from the Design Engineer’s drawings for review and submittal

to the Owner. a set of Record Drawings.

2.4.13 Administrative Records: The CM will maintain at the job site, originals or copies

of, on a current basis, files and records such as, but not limited to the following:

Contracts or Purchase Orders

Shop Drawing Submittal/Approval Logs

Equipment Purchase/Delivery Logs

Contract Drawings and Specifications with Addenda

Warranties and Guarantees

Cost Accounting Records

Labor Costs

Material Costs

Equipment Costs

Cost Proposal Request

Payment Request Records

Meeting Minutes

Cost-Estimates

Bulletin Quotations

Lab Test Reports

Insurance Certificates and Bonds

Contract Changes

Purchase Orders/Owner Direct Purchases

Material Purchase Delivery Logs

Technical Standards

Design Handbooks

"As-Built" Marked Prints

Operating & Maintenance Instruction

Daily Progress Reports

Monthly Progress Reports

Correspondence Files

Transmittal Records

Inspection Reports

Daily Logs

Bid/Award Information

Bid Analysis and Negotiations

Punch Lists


PMIS Schedule and Updates

Suspense (Tickler) Files of Outstanding Requirements

Policy and Procedure Manual

The project records will be available at all times to the Owner and Design Engineer

for reference or review.

2.4.14 Owner Startup and Operations: The CM will provide services during the pre-

construction and construction phases, which will provide a smooth, successful, and

timely startup and Owner operation of the project. The CM will provide

consultation and project management to facilitate Owner operation and provide

transitional services to get the work, as completed by the CM "on line" in such

conditions as will satisfy Owner operations requirements.

The CM will conduct the preliminary punch list inspection with the Owner and

Design Engineer and will coordinate the completion of all punch list work to be

done with the Owner operation requirements in mind. The Owner and/or Design

Engineer may also prepare a punch list which will also be timely completed by the

CM.

The CM will catalog operational and maintenance requirements of equipment to be

operated by maintenance personnel and convey these to the Owner in such a manner

as to promote their usability. The CM will provide operations training in equipment

use for facility operators.

The CM will secure required guarantees and warranties, assemble and deliver same

to the Owner in a manner that will facilitate their maximum enforcement and assure

their meaningful implementation.

The CM will continuously review "As-Built" Drawings and mark up progress prints

to provide as much accuracy as possible.

2.4.15 Title and Risk of Loss of Materials and Equipment: Title to materials and

equipment delivered to the work site or stored offsite will not be deemed to pass to

the Owner until the Owner accepts title by paying for same. The Owner will be

entitled but is not required to request title documentation. Risk of loss will not pass

to the Owner until title passes.

2.4.16 Warranty: The CM warrants that all labor and materials conform to the plans and

specifications and that all work has been performed in a competent and

workmanlike manner and consistent with good building practices. The CM further

warrants that all materials and equipment are new and of good quality and free from

defects. With respect to the same work, the CM further agrees to correct all work

found by the Owner to be defective in material and workmanship or not in


conformance with the Drawings and Specifications for a period of one year from

the Date of Final Completion or for such longer periods of time as may be set forth

with respect to specific warranties contained in the trade sections of the

Specifications. The CM will collect and deliver to the Owner any specific written

warranties given by others as required by the Contract Documents. Also, the CM

will conduct, jointly with the Owner and the Design Engineer, a warranty

inspection ten months after the date of Substantial Completion.

Except for the warranties stated in this section 2.4.16, CM makes no other

warranties expressed or implied and ANY IMPLIED OR STATUTORY

WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR

MERCHANTABILITY ARE EXPRESSLY DISCLAIMED.


ARTICLE 3

OWNER'S RESPONSIBILITIES

3.1 Owner's Information. Upon request, the Owner will provide information regarding his

requirements for the project to the CM.

3.2 Owner's Representative. The Owner will designate a representative who will be fully

acquainted with the project and will define the lines of Owner authority to approve Project

Construction Budgets, and changes in Project. He will render decisions promptly and

furnish information expeditiously. The Owner will inform the CM if a change is made in

the Owner’s Representative. The Owner's Representative will be Carollo Engineers, Inc.,

(Design Engineer)

3.3 Design Engineer’s Agreement. The Design Engineer's services, duties and

responsibilities are described in the Agreement between the Owner and the Design

Engineer, a copy of which will be furnished to the CM. The CM will be notified of any

written modification affecting the responsibilities of the Design Engineer on the job.

3.4 Site Survey and Reports. The Owner will provide to the CM and/or the Design Engineer

all surveys in his possession describing the physical characteristics, soil reports, subsurface

investigations, utility locations, easements and deed restrictions and legal descriptions.

3.5 Approvals and Easements. The Owner agrees to remedy any disputes relating to the

ownership and Owner’s use of the property which might arise during the course of

construction.

3.6 Drawings and Specifications. The CM will be furnished a reproducible set of all copies

of Drawings and Specifications reasonably necessary and ready for printing.

3.7 Cost of Surveys & Reports. The services, information, surveys and reports required by

paragraph 3.4 will be furnished with reasonable promptness in accordance with the

approved schedule at the Owner's expense.

3.8 Project Fault Defects. If the Owner becomes aware of any fault or defect in the Project

or non-conformance with the drawings and specifications, he will give prompt written

notice thereof to the CM and Design Engineer.

3.9 Funding. The Owner will furnish in accordance with the established schedule, reasonable

evidence satisfactory to the CM that sufficient funds will be available and committed for

the cost of each part of the Project. The CM will not commence any work, unless authorized

in writing by the Owner

3.10 Lines of Communication. The Owner and Design Engineer will communicate with the

Subcontractors or suppliers only through the CM. The Owner and Design Engineer will


not attempt to direct the work of any Subcontractor or interfere with work of the CM or

any Subcontractor.

3.11 Lines of Authority. The Owner will establish and maintain lines of authority for his

personnel and will provide this definition to the CM and all other affected parties.

3.12 Permitting and Code Inspections. The CM recognizes and agrees to coordinate with the

Permitting Authorities and the Owner will assist in such coordination to the extent

practicable.


ARTICLE 4

PERMITTING AND INSPECTION

Before Construction can begin, it will be necessary for the CM to obtain all required building

permits. In addition, construction may be inspected for code compliance by inspectors working

for the Permitting Authority. The building permitting and code inspection requirements will be as

described in Articles 4.1 through 4.2 hereinafter.

4.1 Building Permits. The CM will be required to provide to the Permitting Authority and

obtain approval from the Permitting Authority prior to beginning construction:

(1) Two sets of documents, signed, sealed, and dated by the Design Engineer, with all

addenda enclosed with each set. These documents may be sent to the Permitting

Authority prior to sending the Building Permit Application.

4.2 Code Inspections. All projects require detailed code compliance inspection during

construction in disciplines determined by the Permitting Authority. These disciplines

normally include, but are not necessarily limited to, structural, mechanical, electrical,

plumbing and general building.

The CM will notify the appropriate inspector(s), and the Design Engineer’s representative,

no less than 24 hours in advance that the work is ready for inspection and before the work

is covered up. Work not inspected and approved prior to cover-up will be uncovered for

inspection, if or when directed by the Permitting Authority, at the CM's sole expense.

The CM will have a written record of the CM's acceptance of periodic inspections made

by the CM's forces. The Design Engineer will also inspect such Work and sign off on a

form provided by the CM.

All inspections will be made for conformance with the applicable building codes.

Cost for all re-inspections of work found defective and subsequently repaired will be borne

by the CM.


ARTICLE 5

SUBCONTRACTORS

5.1 No Privity Created. Nothing contained in this Contract or in any Contract Document

creates any contractual relation between the Owner or Design Engineer and any

Subcontractor.

5.2 Solicitation and Acceptance of Bids. The CM will comply with be responsible for

soliciting and accepting bids for Subcontractors in accordance with applicable provisions

of Section 2.4.

5.3 Required Subcontractors' Qualifications and Subcontract Conditions.

5.3.1 Subcontractual Relations: By an appropriate written agreement, the CM will

require each Subcontractor, to the extent of the work to be performed by the

Subcontractor, to be bound to the CM by the terms of the Contract Documents, and

to assume toward the CM all the obligations and responsibilities which the CM

assumes toward the Owner and the Design Engineer with respect to the Work to be

performed by the Subcontractor so that the subcontracting thereof will not prejudice

such rights. The CM will require each Subcontractor to enter into similar

agreements with his lower tier CMs.


CM will make available to each proposed Subcontractor, prior to the execution of

the subcontract, copies of the contract documents to which the Subcontractor will

be bound. The CM will also identify to the Subcontractor any terms and conditions

of the proposed subcontract which may be at variance with the Contract

Documents. Each Subcontractor will similarly make copies of such Documents

available to his sub-Subcontractors.

5.3.2 Subcontractual Requirements:

(1) Bond Requirements - On all subcontracts where the bid exceeds $100,000,

the CM will require Subcontractors to provide a 100% performance bond

and a 100% labor and material payment bond from a surety company

authorized to do business in the State of Florida by the Department of

Insurance, or other acceptable security as specified in Florida Statutes §

255.05(7) may be provided upon the City’s prior written approval.

If the CM wishes to award subcontracts to CMs unable to supply this

bonding, he will request special written authorization from the Owner to do

so.

(2) Experience and Capacity - Subcontract bidders must submit a completed

experience questionnaire and financial statement on a form approved by the

CM to the CM. The Subcontractors' financial condition must demonstrate

that adequate fixed and liquid assets and equipment are available to properly

perform the subcontract. The Subcontractor must have successfully

completed no less than two projects of similar size and complexity within

the last 5 years.

(3) Workforce - The Subcontractor must agree to perform no less than 15% of

the project construction work utilizing its own employees.

(4) Supervision - The Subcontractor must agree to provide field (on-site)

supervision through a named superintendent for each trade (general

concrete forming and placement, masonry, mechanical, plumbing, electrical

and roofing) included in the subcontract. In addition, if requested by the

Project Manager, the Subcontractor will assign and name a qualified

employee for scheduling direction for its work. The supervisory employees

of the Subcontractor (including field superintendent, foreman and

schedulers at all levels) must have been employed in a supervisory

(leadership) capacity of substantially equivalent level on a similar project

for at least two years within the last five years.

The Subcontractor will include a resume of experience for each employee

identified by him to supervise and schedule his work.


(5) Required Subcontract Provisions - All subcontracts will provide:

(a) Limitation of Remedy - No Damages for Delay: That the

Subcontractor's exclusive remedy for delays in the performance of

the contract caused by events beyond its control, including delays

claimed to be caused by the Owner or Design Engineer, or

attributable to the Owner or Design Engineer, including claims

based on breach of contract or negligence, will be an extension of

its contract time.

In the event of a change in the work, the Subcontractor's claim for

adjustments in the contract sum are limited exclusively to its actual

costs for such changes plus no more than 15% for overhead, profit,

bond, and liability insurance costs.

The subcontract will require that the Subcontractor expressly agrees

that the foregoing constitute its sole and exclusive remedies for

delays and changes in the work and thus eliminate any other

remedies for claim for increase in the contract price, damages,

losses, or additional compensation.

(b) Filing Delay Claims: Each subcontract will require that any claims

by subcontractor for delay or additional cost must be submitted to

the CM within the time and in the manner in which the CM must

submit such claims to the Owner, and that failure to comply with the

conditions for giving notice and submitting claims will result in the

waiver of such claims.

(c) Privity and Control: The subcontract will be exclusively with the

CM and will contain the necessary provision to allow the CM to control the

performance of the work.

5.4 Responsibilities for Acts and Omissions. The CM will be responsible to the Owner for

the acts and omissions of his employees and agents and his subcontractors or their

sub-subcontractors, their agents and employees, and all other persons performing any of

the work or supplying materials under a contract to the CM.

5.5 Subcontracts to be Provided. The CM will include a copy of the subcontract, including

the general supplementary conditions, in the Policy and Procedure Manual.


ARTICLE 6

SCHEDULE, TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

6.1 Established by GMP Amendment. The GMP Amendment will establish final

construction schedules, including deadlines for commencement, substantial completion,

and final completion. The CM agrees to complete the construction in accordance within

the agreed upon substantial completion date. The CM acknowledges that failure to

complete the project within the construction time set forth in the approved schedule will

result in substantial damages to the Owner. The CM will be assessed liquidated damages

in an amount that will be established by the GMP Amendment. The date of Substantial

Completion of the project or a designated portion thereof is the date when Certificate of

Occupancy is issued and construction is sufficiently complete in accordance with the

Drawings and Specifications so the Owner can occupy or utilize the project or designated

portions thereof for the use for which it is intended.

6.2 Bid Delays Caused by CM. Delays resulting from rebid caused by any negligent action

or omission by the CM will not be grounds for extension of the Substantial Completion

date.

6.3 Other Delays. Article 10 governs other delays that may be grounds for extension of one

or more of the construction deadlines provided for in the GMP Amendment.


ARTICLE 7

GUARANTEED MAXIMUM PRICE

7.1 GMP Proposal. Within ____________ days after receipt of 100% design documents, the

CM will establish and submit in writing to the Owner for his approval, a Guaranteed

Maximum Price (GMP), guaranteeing the maximum price to the Owner, for the

construction cost of the project or designated part thereof. At the time of submission of

the GMP, the CM will verify the time schedule for activities and work which were adopted

by the Construction Team and used to determine the CM's cost of work. In addition to the

cost of work, a GMP will include an agreed-upon sum as the construction contingency

which is included for the purpose of defraying the expenses due to unforeseen

circumstances relating to construction.

7.1.1 Components of GMP Proposal: The GMP Proposal will include, include at a

minimum, a recital of the specific construction documents, including drawings,

specifications, and all addenda thereto, used in preparation of the Proposal, a draft of all

required schedules, including Schedule of Values and Progress Schedule, and a description

of all other inclusions to, exclusions from, and assumptions and clarifications regarding,

the GMP. The GMP will also include proposed CM’s Fees as described in Article 8, an

amount set aside for contingency, which may be used to for unforeseen contingencies

affecting the Cost of the Work as described in Article 9. For purposes of cost assumptions,

the CM will use those applicable taxes in the cost of the project which are legally enacted

at the time the GMP is established. Should any taxes be enacted after the GMP, then the

GMP will be increased by the same amount.

7.1.2 Construction Team to Work to Resolve Differences: If the GMP proposal is

unacceptable to the Owner, the Owner will promptly notify the CM in writing. Within

fourteen calendar days of such notification, the Owner, Design Engineer, and CM will meet

to discuss and resolve any differences, inconsistencies, or misunderstandings and to

negotiate recommended adjustments to the Work and/or to the GMP.

7.2 Review of GMP Proposal. The Owner may, at its sole discretion and based upon its sole

judgment, (i) accept or reject the GMP proposal, (ii) terminate the Project, or (iii) proceed

to construct the Project using a party or parties other than the CM.

7.2.1 Effects of Rejection: If the Owner rejects a GMP proposal, neither party will have

any further obligation pursuant to this Contract.

7.2.2 Acceptance of GMP: If the Owner accepts a GMP proposal, the Parties will

complete and execute the GMP Amendment and the Owner will issue a written Notice to

Proceed to the CM establishing the date construction is to commence (the “Commencement

Date”). The CM will not expend any monies on construction phase services prior to receipt

of such Notice to Proceed, without the written approval of the Owner.


7.3 GMP and Contract Price. The total fee paid to CM for all construction phase work will

be (1) the sum of the agreed upon CM’s Fees (as described in Article 8), set forth in the

GMP, and (ii) the actual cost of all subcontracts, supply contracts, general conditions fee

and Direct Job Costs set forth in Article 9, or (2) the GMP, whichever is less when the

work is finally complete.

7.3.1 Adjustments to GMP: Once agreed to by the Parties in the form of a GMP

Amendment, the GMP will only be subject to modification for changes in the project

provided in Article 10. When the project is bid and 100% of the Subcontracts have been

executed, the contingency within the GMP will be decreased in proportion to the percent

of the work as it is completed. In other words, if 10% of the work has been completed and

all Subcontracts have been executed, and the Owner requests that the contingency within

the GMP be adjusted, then 10% of the contingency within the GMP will be removed from

the GMP by change order. At such time that the contingency equals 10% of its original

sum, no further funds will be deducted by change order until the project is 100% complete

and accepted.

7.4 Additional Conditions on Use of Contingency. The CM will be required to furnish

documentation evidencing expenditures charged to the contingency prior to the release of

funds by the Owner. Documentation for use of the contingency will be determined by the

Construction Team, included in the Policy and Procedure Manual, and displayed monthly

in the PMIS. If bids are received below the applicable line items in the GMP the surplus

will be added to the contingency, until or unless released pursuant to Section 7.3. If bids

are received above the applicable line item in the GMP the deficiency will be taken from

contingency; however, such events will not be cause to increase the GMP.

7.5 Bid Prices in Excess of Price Submitted. If any bid package consistent with the Outline

Specifications for which the lowest price submitted by a Subcontractor is in excess of the

amount allocated by the CM for such bid package, (unless Owner through Change Order

changes the Scope of Work and the Guaranteed Maximum Price), one of the following will

occur: (1) the price of the bid package will be negotiated, subject to Owner's approval, with

the lowest responsive bidder, or (2) re-bid to the end that such bid package becomes equal

to, or less than CM estimate for that package, or (3) at CM's option, the CM may perform

the work under a separate arrangement in order to protect the Guaranteed Maximum Price;

or (4) at the Owner's sole option to achieve such price equality, Owner may require Design

Engineer to make certain changes in the Drawings and Specifications as are necessary to

bring that particular package into line, consistent with Owner's program and the Project's

financial feasibility.


ARTICLE 8

CM’S FEE

8.1 In consideration of the performance of the contract, the Owner agrees to pay the CM, as

compensation for his services, fees, as set forth in Subparagraphs 8.1.1, 8.1.2 and 8.1.3.

8.1.1 Pre-Construction Fee: For the performance of all work prior to the execution of the

GMP Amendment, including services specified in sub-paragraphs [TBD] and for profit and

overhead related to these services, Owner will pay CM a total fixed fee of

$___________________. This fee will be paid in ___________ equal installments of

$___________each. The first monthly payment will become due thirty days following the

issuance of the Notice-To-Proceed for the Pre-Construction Phase Services. The remaining

installments will be due within 30 days after CM submits a report required by Section 2.3.2;

provided, however that the final installment will not be due until 30 days after the submission

of the last report or submission of the proposed GMP, whichever is later..

The CM’s personnel to be assigned during this phase and their duties and responsibilities to this

project and the duration of their assignments are shown in Exhibit C.

8.1.2 Construction Phase General Conditions Fee: For the performance of the

services set forth in RFP for the Westside Regional Water Reclamation Facility

improvements a total fixed fee of $TBD, which is part of the GMP, will be paid to the

CM in the following manner:

(1) An initial payment of $TBD will become due and payable thirty (30)

days following written issuance of Notice to Proceed by the Owner.

(2) The balance of the general conditions, $TBD will be paid proportionally

to the ratio of the cost of work in place as defined in Section 8.1.3 and will be

invoiced and paid monthly to the CM.

If the design and construction is authorized only for a part of the project, the fee

paid will be proportionate to the amount of work authorized by the Owner.

(3) Costs and Expenses Included in General Conditions Fee: The following

are included in the General Conditions Fee:

(a) Salaries or other compensation of the CM’s employees at his

principal office and branch office related to the project.

The CM’s personnel to be assigned during the construction phase, their

duties and responsibilities to this project and the duration of their

assignments are shown on Exhibit D.


(b) General operating expenses related to this project of the CM’s

principal and branch offices.

(c) The costs of all data processing and staff related to the project.

(d) Salaries or other compensation of the CM’s employees at the job

site. The CM’s personnel to be assigned to the site during the Construction

Phase under the job site management and supervision fee, their duties and

responsibilities and the duration of their assignment are shown on Exhibit

D.

(e) General operating expenses incurred in the management and

supervision of the project, except as expressly included in Article 9.

(f) Those services set forth in Article 2.4(9) (a).

(g) Job office supplies - includes paper, pencils, paper clips, file folders,

staples, etc., and janitorial supplies (photo copy or blue print paper not

included).

(h) Relocation expenses for CMs personnel.

(4) Adjustment in General Conditions Fee: For changes in the project as

provided in Article 10, the General Conditions Fee will be adjusted as follows:

(a) The CM will be paid for additional General Conditions costs as

provided below only if the CM is placed in charge of the reconstruction of

an insured or uninsured loss, excluding any condition that may have been

caused from acts of omission or commission or negligent acts by the CM,

subcontractors or others for whose acts the CM is responsible.

(b) Should the duration of the construction as specified in this contract

be extended beyond TBD months after the Notice to Proceed, after

approval of the GMP, receipt of final drawings and specifications, and

receipt of all necessary permits, whichever is later, due to no fault of the

CM, the CM's General Conditions costs will be increased by $TBD per

working day (working day will mean Monday through Friday, exclusive of

any legal holiday) for each day or portion thereof adjusted by executed

change orders. Up to $TBD per day will be limited to only >20

consecutive working days. Should Owner elect, with the CM's concurrence,

to reduce the on-site staff level, then the extended general conditions will

be re-negotiated to reduce the daily costs provided above.

8.1.3 Overhead and Profit Fee for Construction Phase: For overhead, profit, and

general expenses of any kind, except as may be expressly included in Article 9, for


services provided during and related to the construction phase, the fee, to be fixed

by the GMP Amendment, will be paid proportionally to the ratio of the cost of the

work in place, including stored materials and less retainage, as it bears on the latest

estimate of the total construction cost or to the GMP or to the Owner's Construction

Budget, whichever is less. The balance of the fee will be paid when construction of

the project is finally completed, inspected, and approved by the Owner. If

construction is authorized only for a part of the project, the fee paid will be

proportionate to the amount of work authorized by the Owner. The CM's exclusive

remedy for any adjustments in the Overhead and Profit for construction phase is

provided in Subsections 8.1.2(4) and 8.1.3(2).

(1) The CM will not be due any additional Overhead and Profit Fee on increases

in the Guaranteed Maximum Price (GMP) that do not exceed $TBD. Should the

GMP be increased because of changes to the scope of the work by more than $TBD

under the terms of Article 10, due to no fault of the CM, the CM's additional

Overhead and Profit for the Construction Phase Fee will not exceed seven percent

(7%) of that portion of the cumulative increase in the GMP by more than $TBD.

The CM will not reduce the Overhead and Profit Fee for deductive changes in the

work such as value engineering, cost savings substitution, deductive alternatives,

or the like, that were generated through his efforts.

(2) CM's Exclusive Remedy - In the event the construction Substantial or Final

Completion date is extended, regardless of whether delay is caused by an act or

neglect of the Owner or the Design Engineer, or attributable to the Owner or the

Design Engineer, the CM’s sole and exclusive remedy is an extension of the

construction completion date and payment of additional General Conditions costs

and Overhead and Profit fees as outlined in Subsection 8.1.2(4).


ARTICLE 9

COST OF THE PROJECT

9.1 General. The terms “Cost of the Project,” “Project Costs,” “Cost of the Work,” and “Direct

Job Costs,” are intended to be identical, and include and will mean expenses necessarily incurred

in the Project during the Construction Phase for Construction services and are paid by the CM,

which are not included in the Construction Phase Fee. The Owner agrees to pay the CM for the

Cost of the Project as described below. Such payment will be in addition to the CM's fees

stipulated in Article 8.

9.1.1 Direct Job Costs: The Direct Job Costs means the following when actually

incurred by the CM, subject to the limitations set forth in this Agreement:

(1) Wages paid for labor (as opposed to wages paid to management or

supervisory personnel) in the direct employ of the CM in the performance of his

work under Agreement, times a multiple of 1.5 to cover fringe benefits.

(2) Cost of all materials, supplies, and equipment incorporated in the Project,

including costs of transportation and storage thereof.

(3) Payments due to subcontractors from the CM or made by the CM to

subcontractors for their work performed pursuant to contract under this Agreement.

(4) Cost including transportation and maintenance of all materials, supplies,

equipment, temporary facilities and hand tools not owned by the workmen, which

are employed or consumed in the performance of the work, cost on such items used

but not consumed which may be turned over to the Owner at the end of the project

and cost less salvage value on such items used but not consumed which remain the

property of the CM. For those items to be turned over to the Owner at the end of

the project, Article 2 will apply.

(5) Rental charges on all necessary machinery and equipment, exclusive of hand

tools used at the site of the Project, whether rented from the CM or other, including

installation, repairs and replacements, dismantling, removal, costs of lubrication,

transportation and delivery costs thereof, which are used in the support of

subcontractor or the CM’s own forces in the performance of the work, at rental

charges consistent with those prevailing in the area.

(6) Cost of the premiums for all insurance and cost of premiums for all bonds

which the CM is required to procure by this Agreement specifically for the

construction project. This includes any subcontractor bonds the CM deems

appropriate.


(7) Sales, use, gross receipts or similar taxes related to allowable direct Costs of

the Project imposed by any governmental authority, and for which the CM is liable.

(8) The cost of corrective work subject, however, to the GMP and except for any

corrective work made necessary because of defective workmanship or other causes

contributed to by the CM or his subcontractors or suppliers.

(9) Minor expenses at the site, such as telephone calls, telephone service,

expressage, postage, and similar petty cash items in connection with the Project to

be billed at cost.

(10) Costs for trash and debris control and removal from the site.

(11) Cost incurred due to an emergency affecting the safety of persons and

property.

(12) Reserved

(13) All costs directly incurred in the performance of the Project for the benefit of

the Project and not included in the CM’s fees as set forth in Article 8.

(14) If requested by the Owner, the CM will perform all or a portion of the General

Conditions for the cost of the work.

(15) If approved by the Owner, the CM, when qualified, may perform all or a

portion of the work for any items listed on the estimate or GMP breakdown where

it is deemed advantageous due to schedule or economic benefit for the direct cost

of the work. Unless determined to be essential to maintain the schedule, the CM

must verify the economic benefit to the Owner by providing written quotes for the

work from at least two subcontractors.

(16) Costs of all reproductions used for bidding or information purposes required

by the project to directly benefit the project.

(17) Costs for watchman and security services for the project.

(18) Costs for efficient logistical control of the site, including horizontal and

vertical transportation of materials and personnel. Also, costs for adequate storage

and parking space.

(19) Costs for such temporary facilities during construction, as approved by the

Owner, including temporary water, heat, power, sanitary facilities, telephones,

radios, and computers with software.


(20) Costs for any jobsite items not referenced herein, not normally provided by

the subcontractors, which will be provided by the CM as required to complete the

work.

9.1.2 Limitation for Defective Work: No costs will be paid by the Owner to the CM

for any expenses made necessary to correct defective workmanship or to correct

any work not in conformance with the Plans and Specifications or to correct any

deficiency or damage caused by negligent acts by the CM.

9.2 Owner’s Direct Purchase Option: The CM agrees to arrange for purchase of materials and

other items subject to the State sales tax through issuance of Owner purchase orders directly to the

supplier, to save, where practicable, the payment of sales taxes.

9.2.1 CM to Provide Owner Sufficient Information: To enable the Owner to realize

savings of Sales Tax on selected tangible personal property needed for this Project,

the Design Engineer or alternately, the CM will provide to the Owner a list of all

tangible personal property to be used in the Work, for selection as Direct Purchases.

The CM will evaluate the list to recommend which items the Owner should directly

purchase. The Owner will either accept or reject the CM’s recommendations and

purchases orders will be issued accordingly. If the Owner accepts the CM’s

recommendation to directly purchase specific tangible personal property, the

Owner will issue Purchase Order(s) directly to the supplier of the item or items to

be purchased as described below, accompanied by the Owner’s Certificate of

Exemption from payment of sales tax. If the Owner rejects the recommendation to

directly purchase specific tangible personal property, the procedures outlined in

paragraph 2.7.2 will apply.

9.2.2 CITY DIRECT PURCHASE POLICY

The CITY reserves the right to issue CITY Purchase Orders directly to suppliers of

materials to be incorporated into the Work of Project as described in the Contract,

in order to obtain the exemption from sales taxes available under Fla. Stat. §

212.08(6),, in accordance with the procedures listed below. For purposes of this

Policy, the term, “materials,” means all items of tangible personal property which

CITY may be eligible to directly purchase tax free in accordance with Fla. Stat. §

212.08(6), and implementing administrative regulations; and all other terms will

have the meaning provided or suggested in the Contract, where applicable.

1. The CM will provide to the CITY a list of all materials to be used in the Work,

including those items of material required to be used by the Architect/Engineer, and

will denote on that list any items that the CM deems suitable for CITY to purchase

directly. CM will also denote those items that are to CM’s knowledge likely to

have long lead times or that are available from only one or a severely limited

number of suppliers.


2. The CITY may accept or reject the CM’s recommendations and will in CITY’s

discretion directly purchase those items that CITY deems suitable for direct

purchase. The CITY’s election to make direct purchases under this Policy will not

eliminate or affect the CM’s responsibilities under the Contract except as

specifically noted herein. Among other things, CM will remain responsible for

controlling the means and methods by which the Work is to proceed; working

diligently to complete the Work in accordance with applicable deadlines; and for

tracking ordering and delivery of materials so as to maintain the critical path.

Neither the procedures herein, nor the CITY’s election to directly purchase certain

materials, will alter or the applicability of the procedures and standards to be used

under the Contract for claims for delay or change orders.

3. The CM will require that all quotes for materials received by CM for tangible

personal property to be incorporated into the Project: (i) itemize sales tax as a

separate item; (ii) include language that the quotations are assignable to the CITY;

and (iii) include language stating that if assigned to CITY, no sales tax will be

charged upon provision of CITY’s sales tax exemption certificate. Nothing herein

will prohibit the CITY from requiring the supplier of materials to be directly

purchased by CITY, from requiring the supplier to issue a written quotation directly

to CITY, even where CM has provided CITY with an assignable quotation as

provided herein.

4. CITY will provide CM a list of items of tangible personal property to be

purchased directly by CITY. CM will remain responsible for directly purchasing

all items of such property that CITY does not elect to purchase directly.

5. For those items of tangible personal property that CITY elects to directly

purchase, CM will prepare City form Purchase Order Requisitions, consistent with

the quotes provided by the suppliers and this Policy.

6. CM will forward the completed Purchase Order Requisition to the City’s

Purchasing Agent, and provide a copy to the Project Manager.

7. The Purchasing Agent will issue a purchase order to the supplier based on the

information provided by the CM and the supplier’s written quotation. The

Purchasing Agent will provide a copy of the purchase order to the CM.

8. Upon receipt of the CITY’s purchase order, CM will issue a deductive contract

adjustment to the supplier that will account for the value of the material and the

sales tax as it pertains to that supplier’s contract [(?) with whom]. All sales tax

savings shall be credited to the CITY through a deductive change order under the

CITY’s contract with CM.


9. CITY will acquire title to and assume responsibility for materials directly

purchased by CITY under this Policy, upon delivery to the job site.

10. Suppliers shall directly invoice the CITY. Invoices will be forwarded to the

CM for verification. Immediately as materials directly purchased by CITY are

delivered to the job site, the CM will review the condition of the materials delivered

for conformity with contract specifications and the supplier’s invoice for

conformity with this Policy, including confirmation that the invoice references

CITY’s purchase order and is billed to CITY, not CM. CM will promptly advise

the CITY of any deficiencies in the materials or invoice. The intent of this

requirement is to require CM to act diligently to allow CITY to meet its obligations

to the supplier under Florida’s Prompt Payment Act, Fla. Stat. § 218.70 et seq.

Nothing herein will prohibit the CM from having requiring a subcontractor of CM’s

conduct a similar review for CM’s benefit; however, CM will remain responsible

to CITY for promptly reviewing the materials and invoice in accordance with this

Section.

11. Upon being satisfied that directly purchased materials and the accompanying

invoice from the supplier are satisfactory, CITY will pay the supplier for the items

purchased. Under no circumstances will CM be responsible for paying the supplier.

The CITY will issue a check for the approved invoice amount and mail this check

directly to the supplier, accompanied by the Certificate of Entitlement. A copy of

the check will be forwarded to the CM so that CM can accurately track and

summarize all CITY Direct Purchase payments.

In the event the CITY does not timely execute the appropriate documents

submitted by the CM for direct purchase, the CM may, upon timely notice to the

CITY, order such materials irrespective of loss of sales tax savings. It is the intent

of these provisions to implement the cost savings afforded by the sales tax

exemption without delay of the Work and that the CM retain complete control of

the Project Schedule. While the CITY’S direct purchase of materials or supplies

shall not relieve the CM of responsibility to maintain and safeguard such materials

and supplies until they are incorporated into the Work and accepted by the CITY,

the CITY shall assume liability for the materials at the time they are delivered to

the jobsite. The CM shall not be entitled to a time extension in the event that delay

is occasioned by the CITY'S direct purchase of materials.

12. The CITY will bear the economic burden of obtaining insurance covering

damage or loss or will directly enjoy the economic benefit of the proceeds of any

such insurance. Nothing herein will prohibit the CITY from requiring CM to

supply additional coverage, such as through a builder’s risk policy or installation

floater, to insure materials directly purchased by CITY from damage and risk of

loss.


13. The CITY does hereby defend, hold harmless, and indemnify the CM from any

and all liability for unpaid sales taxes which the CM may suffer as a result of claims,

demands, costs, interest, penalties or judgments against the CM made by or in favor

of the State of Florida on account of failure to pay Florida State Sales Taxes on

materials purchased by the CITY under this Policy The CITY agrees to defend

against any such claims or actions brought against the CM whether rightfully or

wrongfully brought or filed. The CM agrees that it will promptly notify the CITY

of any such claim, demand, or action. Furthermore, the CM expressly agrees that,

if and when requested by the CITY, it will enter into such amendments to this

Contract as the CITY, upon consultation with its legal counsel, may deem necessary

or useful to preserve or ensure its right under Florida law to the sales tax exemption

contemplated by this subsection. CITY’s obligation to indemnify and hold

harmless CM as provided herein is subject to limitations, including monetary

limitations, contained in Florida Statutes Section 768.28.


ARTICLE 10

CHANGE IN THE PROJECT

10.1 Change Orders: The Owner, without invalidating this Contract, may order changes in the

Project within the general scope of this Contract consisting of additions, deletions, or other

revisions, with the GMP and Substantial or Final Completion deadlines being adjusted

accordingly. All changes in the Project not covered by the remaining unspent contingency

component of the GMP, if any, must be authorized by Change Order.

10.1.1 A Change Order is a written order to the CM signed by the Owner issued after

the execution of this Agreement, authorizing a change in the Project, the CM's

Fees, or the Substantial or Final Completion deadlines.

10.1.2 An increase or decrease in the GMP resulting from a change in the Project will

be determined in one or more of the following ways:

(1) By mutual acceptance of a lump sum properly itemized and supported by

sufficient substantiating data to permit evaluation by the Design Engineer

and Owner;

(2) By unit prices stated in the Agreement or subsequently agreed upon;

(3) By cost as defined in Article 9 and a mutually acceptable fixed or percentage

fee; or

(4) By the method provided in Subparagraph 10.1.3.

10.1.3 If none of the methods set forth in Articles 10.1.2(1), (2), or (3) are agreed upon,

the CM, provided he receives a written order signed by the Owner, will promptly

proceed with the Work involved. The cost of such work will then be determined

on the basis of the reasonable expenditures and savings of those performing the

Work attributed to the change. However, in the event a Change Order is issued

under these conditions, the Owner through the Design Engineer will establish an

estimated cost of the work and the CM will not perform any work whose cost

exceeds that estimate without prior written approval by the Owner. In such case,

and also under Article 10.1.2 above, the CM will keep and present, in such form

as the Owner may prescribe, an itemized accounting together with appropriate

supporting data of the increase in the Cost of the Project as outlined in Article 9.

The amount of the decrease in the Guaranteed Maximum Price to be allowed by

the CM to the Owner for any deletion or change which results in a net decrease

in cost will be the amount of the actual net decrease, including any savings in CM

bond and insurance premiums.


10.1.4 If unit prices are stated in the Agreement or subsequently agreed upon, and if the

quantities originally contemplated are so changed in a proposed Change Order

that application of the agreed unit prices to the quantities of Work proposed will

cause substantial inequity to the Owner or CM, the applicable unit prices and

Guaranteed Maximum Price will be equitably adjusted.

10.1.5 The Guaranteed Maximum Price and the Construction Completion date will be

equitably adjusted by Change Order upon a request for Change Order in

accordance with Article 10.2 should concealed conditions encountered in the

performance of the Work below the surface of the ground, or should concealed

or unknown conditions in an existing structure be at a variance with the conditions

indicated by the Drawings, Specifications, or Owner furnished information, or

should unknown physical conditions be encountered below the surface of the

ground, or should concealed conditions in an existing structure of an unusual

nature differing materially from those ordinarily encountered and generally

recognized as inherent in work of the character provided for in this Agreement be

encountered.

10.1.6 (1) In the event the CM encounters on site material reasonably believed to be

hazardous, petroleum or petroleum related products, or other hazardous or

toxic substances, the CM will immediately stop Work in the area affected

and report the condition to the Owner and the Design Engineer in writing.

The work in the affected area will not be resumed except by written

agreement of the Owner and the CM if in fact the material or substance has

not been rendered harmless. The Work in the affected area will be resumed

when the site has been rendered harmless, by written agreement of the

Owner and CM, or in accordance with the final determination by the Design

Engineer.

(2) The CM will not be required under the terms of the Contract to perform

without its consent any Work relating to hazardous materials, petroleum or

petroleum related products, or other hazardous or toxic substances.

10.2 Claims for Additional Cost or Time. The CM will submit a change order for all claims

for additional cost or time.

If the CM is delayed at any time in the progress of the work by any act or negligence of the Owner

or the Design Engineer, or of any employee of either or by any separate CM employed by the

Owner or by any changes ordered in the work necessitated by labor disputes, fire, unavoidable

casualties or any causes beyond the CM's control or by delay authorized by the Owner pending

resolution of disputes, and such delay extends the completion date, the Substantial Completion

will be extended by Change Order for such reasonable time as the Owner may determine.


Only delays which are determined to extend the critical path for the schedule for constructing the

project will result in a time extension.

10.3 Minor Changes in the Project.

The Design Engineer will have authority to order minor changes in the Project not involving a

change in cost or an extension of the Construction Completion Date and not inconsistent with the

intent of the Drawings and Specifications and the CM will abide by and perform such minor

changes. Such changes will be effected by written order. Documentation of changes will be

determined by the Construction Team, included in the Policy and Procedure Manual and displayed

monthly in the PMIS. Such changes will be approved by the Owner and Design Engineer.

10.4 Emergencies.

In any emergency affecting the safety of persons or property, the CM will act at his discretion, to

prevent threatened damage, injury or loss. Any increase in the Guarantee Maximum Price or

extension of time claimed by the CM on account of emergency work will be determined as

provided in this article.


ARTICLE 11

DISCOUNTS AND PENALTIES

11.1 All discounts for prompt payment will accrue to the Owner to the extent the Cost of the

project is paid directly by the Owner, or from a fund made available by the Owner to the CM for

such payments. To the extent that the Cost of the Project is paid with funds of the CM, all cash

discounts will accrue to the CM. All trade discounts, rebates and refunds, and all returns from sale

of surplus materials and equipment, will be credited against any sums owed by the Owner to the

CM for Direct Job Costs. All penalties incurred due to fault of the CM for late payment of Direct

Job Costs will be paid by the CM.


ARTICLE 12

PAYMENTS TO THE CM FOR CONSTRUCTION PHASE

12.1 Progress Payments for Construction Phase Services. The CM will submit no more than

once per month to the Owner a sworn statement, along with the cost reports required under Article

2.1.5, showing in detail all monies paid out, costs accumulated or costs incurred on account of

Direct Job Costs during the previous period and the amount of the CM's fees due. This data will

be attached to the partial pay request form. Payment by the Owner to the CM of the statement

amount will be made within 30 days after approval of the Design Engineer and submitted to the

Owner.

12.1.1 Retainage on Direct Job Costs: Any payments due for Direct Job Costs will be

subject to retainage. Ten percent retainage of such Costs will be held until the

contract is 50% complete; except when approved by the Owner certain suppliers

and subcontractors may be paid the entire amount due when such payment is

generally the practice of the industry. At the point when retainage held by the

Owner is equal to 5% of the Guaranteed Maximum Price, the Owner may elect to

limit retainage deductions to that necessary to maintain a retainage level of 5% of

the Guaranteed Maximum Price.

12.1.2 Retainage will not be withheld on fees or services set forth in Article 8, except that

retainage of 5% will be held on overhead and profit.

12.2 Final Payment. Final payment constituting the unpaid balance of the cost of the Project

and the CM's fee, will be due and payable within 45 days after the Project is delivered to the

Owner, all project costs have been verified to be reimbursable, and the facility is finished and

ready for beneficial occupancy, or when the Owner occupies the Project, whichever event first

occurs provided that the Project be then substantially completed and this agreement substantially

performed. However, if there should remain work to be completed, the CM and the Design

Engineer will list those items prior to receiving final payment and the Owner may retain a sum

equal to 200% of the estimated cost of completing any unfinished work and the applicable portion

of the CM's retainage, provided that said unfinished items are listed separately and the estimated

cost of completing any unfinished items are likewise listed separately. Thereafter, Owner will pay

to CM, monthly, the amount retained from each incomplete item after each of said items is

completed. The Owner has the right to audit the project. Such audit will not delay payment beyond

45 days after the project is delivered to the Owner.

12.3 Payments to Subcontractors. The CM will promptly, but not later than 10 days after

receipt of payment from the Owner, pay all the amount due subcontractors less a retainage of 10%

until the project is 50% complete; and, based on CM's evaluation of the subcontractor's acceptable

performance, the Owner may approve a reduction in retainage from 10% to 5% thereafter. If there

should remain items to be completed, the CM and Design Engineer will list those items required

for completion and the CM will require the retainage of a sum equal to 200% of the estimated cost

of completing any unfinished items, provided that said unfinished items are listed separately and


the estimated cost of completing any unfinished items are likewise listed separately. Thereafter,

the CM will pay to the subcontractors, monthly, the amount retained for each incomplete item after

each of said items is completed. Before issuance of final payment without any retainage, the

subcontractor will submit satisfactory evidence that all payrolls, material bills and other

indebtedness connected with the Project have been paid or otherwise satisfied, warranty

information is complete, as built markups have been submitted and instruction for the Owner's

operating and maintenance personnel is complete.

Final payment may be made to certain select subcontractors whose work is satisfactorily completed

prior to the total completion of the Project but only upon approval of the Owner.

12.4 Delayed Payments by Owner. If the Owner should fail to pay the CM within 30 days

after the receipt of an approved payment request from the CM, then the CM may, upon seven

additional days written notice to the Owner and the Design Engineer stop the Project until payment

of the Amount owing has been received. In the event that there is a dispute in the amount of the

pay request, then only the disputed amount will be held until resolved and the undisputed amount

will be paid within the time limits as stated within this paragraph. If undisputed amounts are timely

paid, then the CM will not stop the Project in any fashion and the progress of the project will not

be interrupted. Both parties agree that best efforts be made to resolve the disputed amount.

12.5 Payment for Materials and Equipment. Payments will be made for material and

equipment not incorporated in the work but delivered and suitably stored at the site (or another

location, subject to prior approval and acceptance by the Owner on each occasion).

12.6 Withholding Payments to Subcontractors. The CM will not withhold payments to

subcontractors if such payments have been made to the CM. Should the need, as solely determined

by the CM, to withhold payments to subcontractors occur for any reason, the CM will immediately

return such monies to the Owner, adjusting pay requests and project bookkeeping as required.

12.7 Compliance with Payment Procedures. CM’s application for and Owner’s review

and obligation to pay, progress and final payments, will also comply with any applicable policies

set forth in the Policies and Procedures Manual. At a minimum, the Manual will provide Owner

the right to inspect the Work, and to request consent from sureties, releases from subcontractors

and suppliers, and transfers of product warranties for completed work, prior to making payment.

Owner will not be deemed to breach Section 12.4 if Owner refuses to pay a requested payment in

accordance with City policies.


ARTICLE 13

INSURANCE, INDEMNITY, AND WAIVER OF SUBROGATION

13.1 Indemnity. The CM will indemnify and hold harmless the Owner, the Design Engineer,

and the Owner’s and Design Engineer’s officers and employees, from all liabilities, damages,

losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by

the negligence, recklessness, or intentional wrongful misconduct of the CM and persons employed

or utilized by the CM in the performance of the construction contract.

13.1 CM’s Insurance.

13.2.1 Coverages Required: After the execution of the GMP Amendment and prior to

receiving a notice to proceed for construction phase services, the CM will

purchase, and maintain throughout the Construction Phase, the following types

and amounts of insurance, in form and companies satisfactory to the Owner:

(1) Workers’ Compensation Insurance: As required by Florida Statutes,

Chapter 440, Workers’ Compensation Insurance, for all employees of the

CM, employed at the site of the work or in any way connected with the

work, which is the subject of this service. The insurance required by this

provision will comply fully with the Florida Workers’ Compensation Law

and include Employers’ Liability Insurance with limits of not less than

$500,000 per occurrence. Any associated or subsidiary company involved

in the service must be named in the Workers’ Compensation coverage.

(2) Liability Insurance: Commercial General Liability Insurance, including

coverage for operations, independent CMs, products-completed operations,

broad form property damage, and personal injury on an “occurrence” basis

insuring the CM and any other interests, including but not limited to any

associated or subsidiary companies involved in the work.; and Automobile

Liability Insurance, which will insure claims for damages because of bodily

injury or death of any person or property damage arising out of the

ownership, maintenance or use of any motor vehicle used by the CM at the

site of the project or in any way connected with the work which is the

subject of this agreement.

THE LIABILITY INSURANCE WILL NAME THE OWNER AS AN

ADDITIONAL INSURED.

The limit of liability will be a combined single limit for bodily injury and

property damage of no less than $1,000,000 per occurrence. If insurance is

provided with a general aggregate, then the aggregate will be in an amount

of no less than $1,000,000.


(3) Builders’ Risk: On an “all risk” basis, including but limited to the

completed value basis on the insurable portion of the work for the benefit

of the Owner, the CM and Subcontractors as their interests may appear. The

Owner, the CM and any Subcontractor insured therein waive all rights

against each other for damages caused by fire and other perils to the extent

covered by the insurance obtained pursuant to this paragraph.

(4) Installation Floater: On an “all risk” basis, including but not limited to,

the perils of theft, vandalism and malicious mischief, on 100 percent of the

value of the contract or 100 percent on that portion of the Contract that

is insurable under an Installation Floater in a form satisfactory to the

Owner, and for the benefit of the Owner, the CM and Subcontractors as

their interests may appear. The Owner, the CM and any Subcontractor

insured therein waive all rights against each other for damage caused by fire

and other perils to the extent covered by the insurance obtained pursuant to

this paragraph.

13.2.2 Proof of Insurance: The CM will furnish proof of insurance acceptable to the

Owner prior to or at the time of execution of the agreement and the CM will not

commence work under this agreement until he has obtained all the insurance

required under this agreement and such insurance has been filed with and

approved by the Owner, nor will the CM allow any Subcontractor to commence

work on its subcontract until similar insurance required of the Subcontractor has

been so obtained and approved. The CM will furnish evidence of all required

insurance in the form of certificates of insurance which will clearly outline all

hazards covered as itemized above, the amounts of insurance applicable to each

hazard, the expiration dates, and will contain the following language as to

cancellation:

“In the event of cancellation of this policy by the insurer or any

insured, this Company will give not less than 30 days advance

written notice to:

Risk Manager

The City of Daytona Beach

P. O. Box 2451

Daytona Beach, FL 32115-2451”

If requested by the Owner, the CM will furnish copies of the insurance contracts

to support the certificates of insurance and the copies of said insurance must be

acceptable to the Owner.

13.2.3 Maintenance of Insurance: The CM will file replacement certificates 30 days

prior to expiration of termination of the required insurance occurring prior to the


acceptance of the work by the Owner. In the event such insurance will lapse, the

Owner expressly reserves the right to renew the insurance at the CM’s expense.

The CM may not cancel the insurance required by this Contract until the work is

completed, accepted by the Owner and the CM has received written notification

from the Risk Management Division of the City of Daytona Beach that the CM may

cancel the insurance required by this agreement and the date upon which the

insurance may be cancelled. The Risk Management Division will provide such

written notification at the request of the CM if the request is made no earlier than

two weeks before the work is to be completed.


ARTICLE 14

TERMINATION; OWNER'S RIGHT TO PERFORM CONSTRUCTION MANAGER’S

OBLIGATION

14.1 Termination by the CM. If the project is stopped for a period of 30 days under an order

of any court or other public authority having jurisdiction or as a result of an act of government,

such as a declaration of a national emergency making materials unavailable, through no act or fault

of the CM, or if the Project should be stopped for a period of 60 days by the CM for the Owner's

failure to make payments thereon, then the CM may, upon seven days’ written notice in advance

to the Owner, terminate the contract and request payment for all work executed and the CM's fees

earned to date and for any proven loss sustained, as of the date of termination, upon any materials,

equipment, tools, construction equipment, and machinery, including reasonable profit and

termination expenses incurred by the CM.

14.2 Owner's Right to Perform CM's Obligations and Termination by Owner for Cause.

14.2.1 If the CM fails to timely perform any of his obligations under this Contract

including any obligation the CM assumes to perform work with his own forces,

the Owner may, after seven days’ written notice during which period the CM fails

to perform such obligation, make good such deficiencies, and perform such

actions. The GMP, or the actual cost of the Project, whichever is less, will be

reduced by the cost to the Owner of making good such deficiencies and the

Construction Phase Fees and General Conditions Costs will be reduced by an

amount required to manage the making good of such deficiencies.

14.2.2 If the CM is adjudged bankrupt, or if he makes a general assignment for the

benefit of his creditors or if a receiver is appointed on account of his insolvency,

or if he refuses or fails, except in case for which extension of time is provided, to

supply enough properly skilled workmen or proper materials, or fails, without

being excused, to maintain an established schedule (failure to maintain schedule

will be defined as any activity on the critical path that falls 45 days or more behind

schedule) which has been adopted by the Construction Team, or if he fails to

make prompt payment to Subcontractors for materials or labor, or disregards

laws, rules, ordinances, regulations, or orders of any public authority having

jurisdiction, or otherwise is guilty of substantial violations of a provision of the

Agreement, then the Owner may, without prejudice to any other right or remedy,

and after giving the CM and his surety, if any, seven days’ written notice, during

which period CM fails to cure the violation, terminate the employment of the CM

and take possession of the site and of all materials, equipment, tools, construction

equipment and machinery thereon owned by the CM, and may finish the Project

by whatever method the Owner may deem expedient. In such case, the CM will

not be entitled to receive any further payment until the Project is finished nor will

he be relieved from his obligations assumed under Article 7. Reasonable


termination expenses and costs incurred by the Owner may be deducted from any

payments left owing the CM.

14.3 Termination by Owner Without Cause.

14.3.1 If the Owner terminates this Agreement other than pursuant to Article 14.2.2, the

Owner will reimburse the CM for any unpaid cost of the Project due him under

Article 9, plus that part of the unpaid balance of the Construction Phase Fee in an

amount as will increase the payment on account of his fee to a sum which bears

the same ratio to the Construction Phase Fee as the cost of the Project at the time

of termination bears to the Guaranteed Maximum Price, if established, otherwise

to the Owner’s Construction Budget. The Owner will also pay to the CM fair

compensation, either by purchase or rental at the election of the Owner, for any

equipment retained by Owner. In case of such termination of Agreement the

Owner will further assume and become liable for obligations, commitments, and

unsettled contractual claims that the CM has previously undertaken or incurred

in good faith in connection with said Project to the extent same are accepted by

Owner. The CM will, as a condition of receiving the payments referred to in this

Article 14, execute and deliver all such papers and take all such steps including

the legal assignment of CM's contractual rights, as the Owner may require for the

purpose of fully vesting in Owner the rights and benefits of the CM under such

obligations or commitments.

14.3.2 After the establishment of the Guaranteed Maximum Price or at the completion of

the Pre-Construction Phase, if the final cost estimates or lack of funding make the

Project no longer feasible from the standpoint of the Owner, such that the Owner

declines to execute the GMP Amendment, the sole compensation due CM will be

the remaining unpaid portion, if any, of the Pre-Construction Phase fee.


ARTICLE 15

ASSIGNMENT AND GOVERNING LAW

15.1 Limitations on Assignments. Neither the Owner nor the CM will assign their respective

interests in this Contract without the express written consent of the other except as to the

assignment of proceeds. The CM’s assigning or subletting this Agreement will not relieve the CM

or the CM’s surety from any contract obligations.

15.2 Governing Law/Venue. This Contract will be governed by the Laws of the State of Florida.

The venue for all civil actions against the City arising out of this Contract will be Volusia County,

Florida.


ARTICLE 16

NOTICE OF CLAIM: WAIVER OF REMEDIES

16.1 Notice Required. Liability for any claims arising out of or related to the subject matter of

this Contract, whether in contract or tort, including, but not limited to, claims for extension of

construction time, for payment by the Owner of the costs, damages, or losses because of changed

conditions under which the work is to be performed, or for additional work, will be governed by

the following provisions:

16.1.1 All claims must be submitted as a Request for Change Order in the manner as

provided herein;

16.1.2 The CM must submit a Notice of Claim to Owner and to the Design Engineer within

20 days of when the CM was or should have been aware of the occurrence of the

event giving arise to the claim; and

16.1.3 Within 20 days after submitting its Notice of Claim, the CM will submit to the

Owner its Request for Change Order, which will include a written statement of all

details of the claim, including a description of the work affected.

The CM agrees that the Owner will not be liable for any claim that the CM fails to properly submit

as a Request for Change Order as provided in this paragraph.

16.2 Deadline for Owner’s Response. Within 20 days after receipt of a Request for Change

Order, the Owner, in consultation with the Design Engineer, will deliver to the CM its written

response to the claim.

16.3 Owner’s Right to Have CM Proceed. In the event the Owner and CM are unable to agree on

the terms of a change order, the Owner will have the option to instruct the CM to proceed with the

work. In that event, the Owner will agree to pay for those parts of the work, the scope and price of

which are not in dispute. The balance of the disputed items in the order to proceed will be resolved

after completion of the work.


ARTICLE 17

MISCELLANEOUS

17.1 Interest. ANY MONIES NOT PAID WHEN DUE IN ACCORDANCE WITH ARTICLE

12 TO EITHER PARTY UNDER THIS CONTRACT WILL BEAR INTEREST AT THE

STATUTORY RATE PER FLORIDA STATUTE 55.03(1).

17.2 Harmony. CM is advised and hereby agrees that the CM will exert every reasonable and

diligent effort to assure that all labor employed by CM and his Subcontractors for work on the

project will work in harmony with and be compatible with all other labor being used by building

and construction CMs now or hereafter on the site of the project.

CM further agrees that this provision will be included in all subcontracts of the Subcontractors as

well as the CM's own contract; provided, however, that this provision will not be interpreted or

enforced so as to deny or abridge, on account of membership or non-membership in any labor

union or labor organization, the right of any person to work as guaranteed by Article 1, Section 6

of the Florida Constitution.

17.3 Apprentices. If the CM employs apprentices on the project, the behavior of the CM will be

governed by the provision of Chapter 44, Florida Statutes, and by applicable standard and policies

governing apprentice programs and agreements established by the Division of Labor of the State

of Florida Department of Labor and Employment Security. The CM will include a provision

similar to the foregoing sentence in each subcontract.

17.4. Invoices Submitted Under Article 9. Invoices under Article 9.2 will be submitted in detail

sufficient for a proper pre-audit and post-audit thereof. Invoices for travel expenses under Article

9.2(16) will be submitted in accordance with procedures specified in Section 112.061 of the

Florida Statutes governing payments.

17.5. CM’s Project Records. The CM’s Project Records will be maintained as prescribed

hereinabove for the minimum period required by Federal Law, and will be made available to the

Owner or his authorized representative at mutually convenient times.

17.6. RFP Incorporated. Incorporated herein and expressly made a part of this agreement by

reference is the response to the Request for Proposals for Construction Management at Risk

services, RFP ># submitted by >, to The City of Daytona Beach, dated >, and the parties

acknowledge that the representations, warranties, and assurances continued therein by CM have

been expressly relied upon by the Owner in approving, entering into, and executing this

Agreement.

17.7 Reserved

17.8 Limitation on Waivers. Failure by either Party or both Parties to enforce any provision

of this Agreement will not be deemed a waiver of such provision or modification of this


Agreement. A waiver of any breach of a provision of this Agreement will not be deemed a waiver

of any subsequent breach and will not be construed to be a modification of the terms of the

Agreement.

17.10 Miscellaneous.

17.10.1 The specification herein of any act, failure, refusal, omission, event,

occurrence or condition as constituting a material breach of this Agreement will not

imply that other non-specified acts, failures, refusals, omissions, events,

occurrences or conditions will be deemed not to constitute a material breach of this

Agreement.

17.10.2 Any paragraph and/or section headings used in the Contract Documents are

for convenience and ease of reference only, and do not define, limit, augment, or

describe the scope, content or intent of this Agreement.

17.10.3 If any provision or any part of a provision of the Contract Documents will

be finally determined to be superseded, invalid, illegal, or otherwise unenforceable

pursuant to any applicable Legal Requirements, such determination will not impair

or otherwise affect the validity or enforceability of the remaining provision or parts

of the provision of the Contract Documents, which will remain in full force and

effect as if the unenforceable provision or part were deleted.

17.10.4 In case of litigation arising out of this Agreement where the meaning of one

or more provisions is at issue, the City will not be penalized by virtue of its having

drafted this Agreement. The CM has carefully reviewed and had the opportunity

to seek advice of legal counsel prior to executing this Agreement.

17.10.5 All representations, indemnifications, warranties and guarantees made in,

required by or given in accordance with the Contract Documents, as well as all

continuing obligations indicated in the Contract Documents, will survive final

payment, completion and acceptance of the Work and termination or completion of

the Contract.

17.10.6 In performing the services provided for herein, the CM is an independent

CM and not an employee of the City.

17.10.7 The undersigned representative of the CM affirms that in executing this

Agreement on behalf of the CM, he or she is fully authorized to bind the CM to the

terms and conditions herein set forth.


IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year

first above written above.

THE CITY OF DAYTONA BEACH CONSTRUCTION MANAGER

By: By:

Derrick L. Henry, Mayor Title:

Attest: Attest:

Letitia LaMagna, City Clerk Corporate Secretary

APPROVED AS TO LEGAL FORM

By:

Robert Jagger, City Attorney


EXHIBIT A: GENERAL CONDITIONS

SECTION 1. Execution, Correlation and Intent of Documents.

The Contract will be signed, in duplicate, by the Owner and CM.

The Contract Documents are complimentary, and what is called for by one will be as binding as if

called for by all. In case of conflict between plans and specifications, the specifications will

govern.

All references to the Contract, or to the Contract Documents, will be deemed to be to the Contract

including all referenced Exhibits, including this Exhibit.

In case of conflicts, the Contract will control over all Exhibits.

SECTION 2. Compliance with Law.

To the extent applicable, CM will comply with the Occupational Safety and Health

Administration's (OSHA) Excavation Safety Standard, 29 C.F.R.s 1926.650 Sub Part P, and

Chapter 90-96 Florida Statutes.

CM will comply with all other applicable requirements of federal, state and local law associated

with the prosecution of the Work. CM will also be responsible for obtaining, at CM’s costs, all

permits associated with the Work.

SECTION 3. Arrangement and Coordination.

CM will arrange the performance of the Work so as not to interfere with the Owner’s normal

operation. CM will meet with the Owner’s Contract Administrator on a regular basis at the project

site to review the prosecution of the Work. To the extent practical, CM will reasonably

accommodate the needs of City employees and agents to the extent that these employees and agents

need to work during CM’s prosecution of the Work.

SECTION 4. Public Safety.

CM will provide and maintain all necessary watchmen, barricades, red lights, or warning signs, as

commonly used in the industry, to protect endangering life and property during prosecution of the

Work, and will otherwise take all necessary precautions to avoid undue risk towards endangering

life and property. CM will make good any damage or loss to the Work, to Owner’s property, and

to other property, or due to bodily injury or death, resulting from lack of reasonable protective

precautions, except to the extent that such damage, injury, or loss is caused by employees or other

agents of the Owner.

SECTION 5. Inspection of Work.


The Owner will provide personnel for required inspections of Work. The Owner will at all times

have access to the Work whenever it is in preparation or progress, and CM will provide proper

facilities for such access and for inspection.

The Owner may order re-inspection of any Work; and if so ordered, CM must uncover it.

SECTION 6. Suspension of Work.

The Owner may at any time suspend the Work, or any part thereof, by giving ten days' notice to

CM in writing. The Work will be resumed by CM within ten days after the date fixed in the written

notice from the Owner to CM to do so. The Owner will reimburse CM for expense incurred by

CM in connection with the work under this Contract as a result of such suspension.

SECTION 7. Owner's Right to Terminate Contract.

If CM is adjudged as bankrupt or makes a general assignment for the benefit of creditors, or if a

receiver is appointed on account of CM’s insolvency, or if CM persistently fails or refuses, except

in cases for which extensions of time are provided, to supply enough properly skilled workmen or

proper materials, or if CM fails to make prompt payment to subcontractors or for material or labor,

or persistently disregard applicable laws and regulations, including permit conditions, or is

otherwise be guilty of a substantial violation of any provision of the Agreement, then the Owner

may, without prejudice to any other right or remedy and after giving the CM seven days' written

notice, terminate the employment of CM and take possession of the project site and of all materials,

tools, and appliances thereon, and finish the Work by whatever method the Owner may deem

expedient. In such case, CM will not be entitled to receive any further payment until the Work is

finished. If the unpaid balance of the Contract Sum will exceed the expense of finishing the work,

including compensation for additional managerial and administrative services, such excess will be

paid to CM. If such expense will exceed such unpaid balance, CM will pay the difference to the

Owner.

The Owner’s termination of the Agreement will not affect or terminate any of the rights of the

Owner as against CM or CM’s surety, then existing or which may thereafter accrue because of

such default. Any retention or payment of monies by the Owner due CM under the terms of the

Contract will not release CM or his surety from liability for such default.

The Owner may terminate performance of Work in accordance with this clause in whole, or from

the time in part, whenever the Owner determines that such termination is in the best interest of the

Owner. Any such termination will be effected by the delivery to the CM of a Notice of

Termination specifying the extent to which performance of Work is terminated, and the date upon

which such termination becomes effective. Upon such termination for convenience, CM will be

entitled to payment, in accordance with the payment provisions, for services rendered up to the

termination date, and the Owner will have no other obligations to CM. CM will be obligated to


continue performance of contract services, in accordance with this Agreement, until the

termination date and will have no further obligation to perform services after the termination date.

SECTION 8. CM's Right to Stop Work or Terminate Contract.

If the Work is stopped under an order of any court or other public authority, for a period of three

months or more, through no act or fault of the CM or of anyone employed by him, or if the Owner

fails to pay the CM an amount due under this Agreement within 30 days of the due date, CM may,

upon seven days’ written notice to the Owner, stop work or terminate this Agreement, and recover

from the Owner payment for all work executed, plus any loss sustained upon any plant or materials,

plus reasonable profit and damages.

SECTION 9. Use of Completed Portions.

The Owner may, at any time during progress of the work, after written notice to the CM, take over

and place in service any completed portions of the work which are ready for service, although the

entire work of the Contract is not fully completed, and notwithstanding the time for completion of

the entire work or such portions which may not be expired. In such case, the Owner will issue

certificates of acceptance for such portions of the Work, but such taking possession thereof will

not be deemed an acceptance of any other portions of the work, nor of any uncompleted portions,

nor of any Work not completed in accordance with the Contract Documents.

SECTION 10. Rights of Various Interests.

Wherever work being done by the Owner's forces or by other CMs is contiguous to Work covered

by this Agreement, the respective rights of the various interests involved will be established by the

Owner to secure the completion of the various portions of the work in general harmony.

SECTION 11. Cleaning Up.

CM will remove at CM’s own expense from the Owner's property and from all public and private

property, all temporary structures, rubbish and waste materials resulting from CM’s prosecution

of the Work.. This requirement will not apply to property used for permanent disposal of rubbish

or waste materials in accordance with Owner’s permission.


EXHIBIT B

CONSTRUCTION MANAGER’S KEY PERSONNEL

OFF-SITE SUPPORT STAFF

Individual Title

ON-SITE SUPPORT STAFF

Individual Title

1 REQUEST FOR PROPOSALS

Westside Regional Water Reclamation Facility Improvements - DRAFT Page 1 of 60

EXHIBIT C

CONSTRUCTION MANAGER’S KEY PERSONNEL TO BE

ASSIGNED DURING PRE-CONSTRUCTION PHASE

Percentage

Duration Of Time

Individual Title In Months Available



EXHIBIT D


ASSIGNED DURING CONSTRUCTION OFF-SITE

Percentage

Duration Of Time



ASSIGNED DURING CONSTRUCTION ON-SITE

Percentage

Duration Of Time




Attachment D

Project Background Documents 1. Design Engineer Scope of Services

Task 1 – Project Management and Quality Control

Task 1.1 - Project Management: Provide the CITY with monthly progress reports that identify what work has been

performed during the month and an itemized listing of work that will be anticipated in the upcoming month. These

reports will be delivered as part of the monthly progress payment request. It is anticipated that a total of 25 monthly

reports will be performed over the duration of this scope of service.

Task 1.2 – Communication and Construction Management Plan

A project specific Communication and Construction Management Plan will be created for the project to establish project

protocols, communications, and procedures for the interface between CITY, CONSULTANT, and CMAR during

construction.

Task 1 Deliverables:

Communication and Construction Management Plan

25 Monthly Project Reports

Task 2 – Construction Engineering and Inspection Services

Task 2.1 – Documentation System Set-up

The CONSULTANT will initiate a documentation system using EADOC for this project. EADOC is a Cloud-Based

Construction Management Software manufactured by Bentley Systems, Inc. The CONSULTANT is licensed to utilize

this software without cost implication to the CITY or the CMAR. The system will be tailored to meet the needs of each

party and will be maintained by the CONSULTANT for the duration of the project. One training session will be held for

CITY and CMAR personnel. After the project is completed, the documentation system will be maintained for the

CMAR's twelve month warranty period from Substantial Completion then delivered to each party on indexed,

searchable USB drives.

Task 2.2 - Pre-Construction Conference

The CONSULTANT will schedule, coordinate, and conduct 1 preconstruction conference. An agenda will be prepared

by the CONSULTANT in advance to notify attendees of key items for discussion. The agenda will follow the CITY's

standard pre-construction conference procedures. Meeting notes will be prepared and distributed to attendees by the

CONSULTANT.

Task 2.3 - Videography of Existing Site Conditions

The CONSULTANT will prepare video and photographic records of the pre-construction site conditions. Video

documentation will be accompanied by a verbal description of existing conditions with reference to the scope of the

Project. A copy of the video and photographic documentation will be provided to the CITY for review and acceptance.

The video will be published on a DVD that will be searchable by location on the site with reference to process area.

Task 2.4 - Shop Drawings

CONSULTANT will receive shop drawings and construction submittals electronically (PDF, Word, Excel or other

appropriate electronic format) from the CMAR, maintain a submittal log (using EADOC), distribute final copies of shop



drawings to the CITY. CONSULTANT will review shop drawings for general conformance with the design concepts

and the requirements of the conformed contract documents. Such review shall not relieve the CMAR from full

responsibility for performance of all work in accordance with the conformed contract documents, nor is such review a

guarantee that the CMAR’s work covered by the shop drawings and submittals is free of errors, inconsistencies, or

omissions. Such review or other action shall not extend to means, methods, sequences, techniques, or procedures of

construction selected by the CMAR, or to safety precautions and programs.

The CONSULTANT will review and return shop drawings within 14 calendar days of receipt of the shop drawings. For

budget purposes, CONSULTANT assumes that a maximum of 160 submittals will be processed by the

CONSULTANT’s Team for the entire project. This task is also to encompass the review of draft Operations &

Maintenance submittals. For budget purposes, it is assumed that the 160 submittals will be utilized to encompass if it is

the CMAR's first submittal or any subsequent re-submittals, with an allocation of 4 hours per submittal.

Following is the breakdown of the estimate of shop drawing submittals:

Division 1 - 10 Submittals



Division 4 - 2 Submittal










Task 2.5 - Requests for Information (RFI)

The CONSULTANT will review and respond to RFIs from the CMAR and/or the CITY. To support the preparation of

record documents, all changes to the construction documents must be traceable to a RFI or other written document

processed in association with the administration of the contract. The CONSULTANT assumes that any field changes or

revisions will be processed by the CMAR using RFI. CONSULTANT assumes that EADOC will be used to process and

maintain a log for all RFIs. For budget purposes, CONSULTANT assumes that a maximum of up to 150 RFIs will be

processed, with an allocation of 2 hours per RFI.

Task 2.6 - Review Requests for Proposed Changes (RPC)

The CONSULTANT will review Requests for Proposed Changes that arise during construction. The CONSULTANT

will maintain a RPC Log using EADOC. To support the preparation of record documents, all changes to the conformed

construction documents must be traceable to a RFI or other written document processed in association with the

administration of the contract. When an RFI is processed if it impacts schedule or cost, then an RPC will be issued to

track the associated changes with respect to schedule or cost. The RPC will reference the final pricing developed by the

CMAR in association with the GMP Proposal. The CONSULTANT will prepare independent cost estimates to negotiate

each RPC. The CONSULTANT will serve as the CITY's representative for the CITY's negotiation with the CMAR. It is

assumed that RPCs will be correlated to individual RFIs. A series of RPC's will be grouped into Change Orders (CO) for

processing. The CONSULTANT will prepare and process approved change orders and incorporates them into the

contract. The CONSULTANT will prepare a log for tracking all RPCs and Change Orders in EADOC. It is assumed that



5 meetings will be held over the duration of the Project to negotiate RPCs. Since the objective of the meeting are final

RPCs used for processing a CO, the CONSULTANT assumes that meeting summaries will not be performed for this

task. For budget purposes, the CONSULTANT assumes that a maximum of 30 RPCs will be processed and 5 COs, with

4 hours per RPC and 2 hours per CO respectively.

Task 2.7 - Review Monthly Pay Applications

The CONSULTANT will review 22 monthly progress payment requests from the CMAR. The CONSULTANT will

review stored materials and walk the site with the CMAR in conjunction with the progress payment. The

CONSULTANT will interface with the CMAR for adjustments directed by the CITY in order to process the pay request.

The CONSULTANT will provide the CMAR with written comments on the CMAR's draft pay application.

Task 2.8 - Construction Progress Schedule

The construction contract documents will require the CMAR to prepare a Project Schedule utilizing the Critical Path

Method (CPM) and the latest version of Primavera P6 Professional. The CONSULTANT will review the CMAR’s

construction schedule, including monthly updates and revisions in association with Progress Payments. The

CONSULTANT's review will focus on key elements such as logic, duration of activities, duration of startup and testing,

and construction sequencing constraints and milestones. The CONSULTANT's review of the schedule shall not relieve

the CMAR's responsibility to construct the Project in conjunction with the schedule required by conformed documents.

In conjunction with processing monthly pay requests, the CONSULTANT will review the schedule and provide written

comments to the CMAR.

Task 2.9 - Davis-Bacon Prevailing Wage and American Iron and Steel (ASI) Compliance

The CONSULTANT will review the contractor and subcontractor certified payroll for compliance with Davis Bacon

prevailing wage requirements as required per the SRF Loan. This interview process is the field verification of the

prevailing wage requirements associated with the weekly certified payroll performed by the CMAR. The

CONSULTANT will evaluate stored materials in order to maintain compliance with the Buy American Steel and Iron

Provision that is required for the SRF Loan.

Task 2.10 - Resident Project Representative (RPR)

The CONSULTANT will provide full-time resident inspection services throughout the duration of the Project. It is

anticipated that there will be 1 full time Resident Project Representative (RPR) that will serve as the CONSULTANT's

field lead. The RPR will manage all activities of the CONSULTANT's field inspection personnel, and interaction with

the CITY, CONSULTANT's Team, and CMAR staff. The CONSULTANT will prepare daily inspection reports, and

summary weekly and monthly inspection reports to the City. The RPR will participate all monthly progress meetings.

The RPR will also do a cursory review of all shop drawings to ensure they conform to the requirements of the bid

documents before sending over to the respective Engineer or Record (EOR) for review. Similarly the RPR will also

review all RFIs and work with the EOR to prepare a timely response. RPR will also review monthly pay requests before

submitting to the City's Project Manager for approval.

Task 2.11 - Construction Inspection & EOR Site Visits

Construction is anticipated to take 22 months to Final Completion. The CONSULTANT will provide a part time Site

Civil/Structural/Mechanical/Electrical Inspector during 18 months of construction. It is assumed that part time clerical

staff will be utilized for document processing throughout the duration of the Project. The CONSULTANT's Engineer of

Record will also perform periodic site visits throughout construction to support the Inspectors. The CONSULTANT will

inspect the work for conformance with the conformed documents regarding Electrical and I&C equipment. Wiring will

be inspected for proper terminations and labeling. Installations will be monitored for compliance with NEC and other

applicable codes. A total of 12 site visits with 2 hours per visit have been budgeted for the CONSULTANT's EOR



during the course of construction.

Task 2.12 - Monitor Contractor’s Compliance with Contract Documents

The CONSULTANT will review and monitor the CMAR’s work to maintain compliance with the contract documents.

The CONSULTANT will report any non-conformances and deficiencies to the CITY and the CMAR. The

CONSULTANT will work with the CMAR to address these deficiencies in a timely manner to the acceptance of the

CITY.

Task 2.13 - Monitor and Review Record Documents

The CONSULTANT will monitor and coordinate the CMAR’s recording and maintenance of changes to the construction

contract documents at a minimum of a monthly basis, or more frequently as required. At the 50%, 75%, and 90%

construction completion milestones, the CONSULTANT will perform a review of the CMAR’s working record documents

for general completeness and advise the CITY and CMAR of the status. The CONSULTANT will provide review of the

CMAR's working record documents in writing or by marking up the draft record documents and stored on EADOC.

Task 2.14 - Material Testing Evaluations

A third party material testing laboratory will be specified to be hired by the CMAR as part of the Project requirements.

The third party material testing laboratory will provide the results of the testing to the CITY and the CONSULTANT.

Additionally, as necessary the CITY will also have its testing laboratory (an outside company) perform a certain

percentage of the testing to verify/confirm the results of the laboratory hired by the CMAR. Testing results will be

monitored for compliance with the contract documents. The CONSULTANT will work with the CMAR to address

deficiencies in material testing in a timely manner to the acceptance of the CITY.

Task 2.15 - Monthly Construction Progress Meetings

The CONSULTANT will schedule, coordinate, and conduct 22 monthly progress meetings with the CITY and CMAR.

An agenda will be prepared by the CONSULTANT in advance to notify attendees of key items for discussion. The agenda

will be formatted in such manner that discussion items from the previous meeting will be rolled over from one month to

the next in succession. The meeting summaries and agendas will be stored on EADOC. The agenda will follow the CITY's

standard construction progress meeting process. Meeting notes will be prepared and distributed to attendees by the

CONSULTANT and saved on EADOC.

Task 2.16 - Conduct Substantial and Final Completion Inspections

The CONSULTANT will perform Substantial and Final Completion inspections. The CONSULTANT will prepare punch

lists to be completed by the CMAR to reach the Substantial Completion and Final Completion milestones. The

CONSULTANT will review the completed items to determine that they were addressed satisfactorily. The

CONSULTANT will assist the CITY in negotiation of unsettled changes or disputes associated with these inspections.

Task 2.17 - Record Documents

Following Final Completion, the CONSULTANT will utilize the CMAR's red-lined record documents to make the

revisions using AutoCAD 2010, or later version, in order to produce the final Record Documents. The CONSULTANT

will follow the CITY standards for preparing the Record Documents. The CONSULTANT will provide a submittal of

the draft Record Documents for review by the CITY. The CONSULTANT assumes that 1 review meeting will be held

with the CITY to review the draft Record Documents and draft O&M Manual. The CONSULTANT will sign and seal

the final Record Documents. The CONSULTANT will provide the CITY with 3 full sized copies of the final Record

Documents. The CONSULTANT will also provide the CITY a PDF copy and an AUTOCAD copy of the Record

Documents.



Task 2.18 - Operations & Maintenance Manuals

Upon receipt of the accepted Operations & Maintenance (O&M) Manuals from the CMAR, the CONSULTANT will

prepare and update the existing WRWRF O&M Manual to incorporate the Project. The revised WRWRF O&M Manual

will be prepared in a searchable PDF format that can be indexed by major process area. The revised O&M Manual will

include reference to the Record Documents prepared by the CONSULTANT. The CONSULTANT will provide a

submittal of the draft Record Documents for review by the CITY. The customized O&M manual will include Standard

Operating Procedures (SOPs) for all major unit processes upgraded as part of this project. The SOP will include the

following:

a. Contractor and Manufacturer warranty information

b. An overview of the designed facility improvements, including a general process schematic.

c. Written description of the unit process including the basis of design, including physical characteristics

and operating parameters.

d. Define normal operation, maintenance and managerial staff responsibilities

e. Standard operating procedures and process controls for each major sub-system

f. Start-up and shutdown procedures; abnormal or emergency operating procedures; troubleshooting; and

process monitoring and sampling

g. Maintenance procedures, based on information presented in the manufacturer’s equipment manuals,

including preventive maintenance schedules recommended by the manufacturers. Maintenance

schedules shall include the maintenance task, frequency, recommended lubricants, and shall be cross-

referenced to the manufacturer’s manual for further detail.

h. List of recommended spare parts

i. Include manufacturer’s start-up reports, factory and field test results, as applicable

j. Permits

The CONSULTANT assumes that 1 review meeting will be held with the CITY to review the draft Record Documents

and draft O&M Manual. The CONSULTANT will provide the CITY with 3 hard copies of the final O&M Manual. The

CONSULTANT will provide the CITY copies of the O&M Manual in MS WORD and searchable PDF format.

Task 2.19 - FDEP Notice of Completion of Construction

Upon Issuance of Final Completion, the FDEP requires that FDEP Form 62-620.910(12) is submitted for Notification of

Construction Completion. This form is to document any differences from the original permit materials processed by

FDEP for the Project and the constructed condition. The CONSULTANT will complete this form and provide the

associated materials to document any deviations from the permit documents. FDEP requires that Form 62-620.910(13)

is completed for the Notification of the Availability of O&M Manuals and Record Documents. The CONSULTANT

will complete this form once the Final O&M Manuals and Record Documents are accepted by the CITY.


Preconstruction Conference Agenda and Summary

Existing Site Conditions Video

Review 160 Construction and O&M Submittals

Responses to up to 150 RFI

Review and Negotiation of up to 30 RPC and processing of up to 5 CO

Review 22 monthly progress payments and schedule updates

Substantial and Final Completion Punchlists

3 sets of full-sized hard copies and electronic copy of Record Documents

3 sets of hard copies and electronic copies of Operations & Maintenance Manuals

FDEP Form 62-620.910(12) - Notification of Construction Completion

FDEP Form 62-620.910(13) - Availability of Record Documents and O&M Manuals



Task 2 Meetings/Workshops:

EADOC Training Meeting

Preconstruction Conference

5 RPC Negotiation Meetings

Interview CMAR employees for Davis Bacon prevailing wage requirements

22 Monthly Progress Meetings

Draft O&M Manual and Record Drawing Review Meeting

Task 3 – Start Up and Testing Phase Services

Task 3.1 - Initial Preliminary Testing Services

The CONSULTANT will oversee preliminary facilities acceptance testing and startup in cooperation with the CMAR,

CITY, and WRWRF Operations staff. Initial preliminary testing services will include assistance with comprehensive

testing of functional equipment, sub-systems, and entire treatment processes as dictated in the conformed construction

documents. These services are predecessor task to initiating start-up and operations. The CONSULTANT will

coordinate with manufacturer's representatives and the CMAR throughout this process.

Task 3.2 – Electrical and I&C Testing

The CONSULTANT will work with the CMAR and equipment vendors to determine all the required testing, then

witness and document all site acceptance tests on electrical and I&C equipment. This includes witnessing all point-to-

point checks and run tests for electrical equipment. This includes all I&C interlocks for functional demonstration that

the equipment is performing as outlined in the conformed contract document. The CONSULTANT will confirm that

circuit breaker settings conform to the values shown in the short circuit study and that all harmonic filters are correct

and in place. All electrical and I&C testing results will be documented and filed in the project records.

Task 3.3 – System Start-Up and System Testing

The CONSULTANT will oversee testing and startup in cooperation with the CMAR, CITY and WRWRF Operations

staff. The CONSULTANT will interface with the CITY and CMAR for the initial system start-up for the new processes.

The CONSULTANT will coordinate with the CITY and CMAR for operation of the new processes as outlined in the

conformed construction documents. These are the final system start-up and testing phases to bring the new facilities

online for beneficial use by the CITY and issuance of Substantial Completion.


There are no specific deliverables in this Task


There are no specific deliverables in this Task

Task 4 – FDEP SRF Loan Reimbursement Administration Services

Task 4.1 – Consultation and Advisory Services

The SUBCONSULTANT will be available on an as needed basis for services not included in Task 4.2 through Task 4.6

to assist the CITY and the CONSULTANT, respond to questions, attend meetings, and provide guidance and advice to

the CITY, the CITY’s staff, and the CONSULTANT relative to the Clean Water State Revolving Fund (SRF), other

funding source requirements, the funding process requirements, and pre-bid compliance requirements. The

SUBCONSULTANT will represent the CITY before the FDEP in settling any issues relative to the disbursement

process and the compliance monitoring process that may arise during the construction phase. The SUBCONSULTANT



will represent the CITY and coordinate with the FDEP in the resolution of any issues that arise during the project period.

The SUBCONSULTANT will meet with the CITY and the CITY’s staff as requested to provide funding updates and

assist the CITY’s staff in the administration of the project. Services under Task 4.1 are for services not included in Task

4.2 through Task 5.6.

Task 4.2 – Pre-Construction Conference

The SUBCONSULTANT will prepare for and attend a Pre-Construction Conference to provide guidance to the CMAR

relative to the SRF program compliance process and requirements that apply during construction. The

SUBCONSULTANT will provide responses to questions and comments. If a written response to questions is needed,

the SUBCONSULTANT will assist the CITY in the preparation of the response.

Task 4.3 – Construction Progress Meetings and Change Order Review

The SUBCONSULTANT will prepare for and attend Construction Progress Meetings with the CITY, CONSULTANT,

and CMAR, as needed, to respond to questions and comments and to provide guidance relative to the SRF program

compliance process and requirements. Any compliance issues that arise during construction will be addressed. Changer

Orders will be reviewed for SRF eligibility and the SUBCONSULTANT will assist the CITY and the CONSULTANT

in gaining the approval of the FDEP for Change Orders. The SUBCONSULTANT will advise the CITY and assist in

settling any issues with the CMAR or the FDEP relative to the SRF program requirements.

Task 4.4 – Disbursement Requests

The SUBCONSULTANT will gather and assemble the CMAR's monthly pay estimates, invoices for engineering

services, administrative services, and other SRF eligible costs along with supporting documentation as required by the

FDEP necessary to prepare the monthly disbursement requests. The CITY or the CONSULTANT will verify the

CMAR's work progress and accuracy of the CMAR's monthly pay estimates. The SUBCONSULTANT will review the

pay estimates and invoices to verify SRF eligibility. The CITY or the CONSULTANT will obtain other documentation

including the Davis-Bacon certified payrolls and other documents required by the FDEP from the CMAR. The

SUBCONSULTANT will prepare the monthly disbursement requests and submit to the CITY for review, approval,

signing, and submittal to the FDEP.

Task 4.5 – Compliance Monitoring

The SUBCONSULTANT will monitor the Federal Labor Standards Requirements (Davis-Bacon) on a monthly basis.

The SUBCONSULTANT will review the CMAR's and subcontractors’ weekly certified payrolls for compliance with

the Davis-Bacon Act requirements and notify the CITY of any exceptions. The CITY or the CONSULTANT will

collect the certified payrolls from the CMAR and subcontractors and submit to the SUBCONSULTANT. The

CONSULTANT will conduct on-site labor interviews as required by the FDEP and submit the labor interview forms on

a monthly basis to the SUBCONSULTANT for review. The SUBCONSULTANT will advise the CITY in the

maintenance of files of compliance documentation forms as required for inspection by the FDEP, auditors, and others.

The SUBCONSULTANT will notify the CITY of any exceptions noted in the review of the submitted documents and

assist the CITY and the contractor in maintaining compliance with the FDEP requirements. The SUBCONSULTANT

will represent the CITY and coordinate with the FDEP to settle any issues relating to the Davis-Bacon Act requirements

or other compliance process requirements.

Task 4.6 – Project Closeout

The SUBCONSULTANT will prepare for and meet with the CITY, CONSULTANT, and the FDEP for the FDEP final

inspection and preliminary project closeout for the SRF loan. The SUBCONSULTANT will prepare the final

disbursement request and assist with the documentation needed for the final administrative closeout by the FDEP. The

SUBCONSULTANT will review and advise the CITY relative to the final loan amendment that sets the final terms of



the loan. The SUBCONSULTANT will assist the CITY and cooperate with the auditor should the project be audited.


Review comments on CMAR RFQ


Task 4.1 Meetings

Preconstruction Conference

Task 4.5 Meetings

Project Closeout Meeting



Attachment E

Design Documents and Specifications

Refer to “ITB 0317-2370 Volume 1 of 2, Specifications Divisions 1 to 13”, and “ITB

0317-2370 Volume 2 of 2, Specifications Divisions 15 to 17, Exhibits A-D” and Project

Plans titled, “ITB 0317-2370 Westside Regional Water Reclamation Facility

Improvements Plans”.



Attachment F

Forms for Affirmation of Compliance

1. Affidavit of Authenticity Form

2. Proposer Experience Reference Form

3. Project Manager Experience Reference Form

4. Anti-Collusion Form

5. Drug Free Workplace Form

6. Public Entity Crimes Form

7. Trench Safety Act Form



1. AFFIDAVIT OF AUTHENTICITY FORM

The following affidavit shall be executed, notarized, and submitted for each legal entity that is a member of the Proposer

team as identified in the Proposal.

State of Florida

County of Volusia

Before me, the undersigned authority, personally appeared________________________, who, having been by me

duly sworn, made the following statement:

"I am authorized to make this affidavit on behalf of________________________, a participating

legal entity in the attached Proposal dated ____________________, 2017, and submitted in response to Request for

Proposals (RFP) issued by the City of Daytona Beach for the Construction Management at Risk Services for the

Westside Regional Water Reclamation Facility Improvements Project. All information pertaining to

________________________ and provided in the attached Proposal is to the best of my knowledge, true and correct and

if called upon to testify, I could testify competently thereto.

I acknowledge receipt of the Addenda to this RFP by identifying the following Addenda numbers and dates of receipt (if

any):_______________________________________________________

______________________________

(Signature)

______________________________

(Printed Name)

______________________________

(Date)

______________________________

(Proposer Team Member)



2. PROPOSER EXPERIENCE REFERENCE FORM (1 of 3)

Proposer must replicate and complete the following form in accordance with the requirements of Section

5.3.5 (A) of the RFP.

Project Title and Contract Number:

Firm and Project Team Role:

Owner Name and Location:

Period of Performance (Contract Start and End Dates):

Contract Value:

Summary of Work Performed (including delivery method used: CMAR, DB, DBB, etc.):

Project Performance (including change order history, schedule adherence, budget adherence, and safety record):

Major Issues Encountered During Project (including approach to resolution):

Key Personnel Involved in Project (and Roles of Key Personnel):

Reference(s) (Name, Title, Address, Phone, Email):










Contract Value:








3. PROJECT MANAGER EXPERIENCE REFERENCE FORM (1 of 3)


5.3.5 (B) of the RFP.





Contract Value:















Contract Value:















Contract Value:






4. ANTI-COLLUSION FORM



ANTI-COLLUSION STATEMENT

By signing this form, the Proposer agrees that this Proposal is made without any other understanding, agreement, or

connection with any person, corporation, or firm submitting a Proposal for the same purpose and that the Proposal is in

all respects fair and without collusion or fraud.

Sign in ink in the space provided below. Unsigned Proposals will be considered incomplete, and will be disqualified and

rejected.

IT IS AGREED BY THE UNDERSIGNED PROPOSER THAT THE SIGNING AND DELIVERY OF THE PROPOSAL

REPRESENTS THE PROPOSER’S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE FORGOING

TERMS AND CONDITIONS AND SCOPE OF SERVICES, AND IF AWARDED, THIS CONTRACT WILL

REPRESENT THE AGREEMENT BETWEEN THE PARTIES.

NAME OF FIRM: ________________________________________________________

SIGNATURE: ___________________________________________________________

(MUST BE SIGNED BY A COMPANY OFFICER OR AUTHORIZED AGENT)

NAME TYPED: _______________________ TITLE:_____________________________

ADDRESS: ____________________________________________________________

CITY AND STATE: ______________________________________________________

TELEPHONE: ________________________ EMAIL: ____________________________



5. DRUG FREE WORKPLACE FORM

The undersigned, in accordance with the Florida Statue 287.087 hereby certifies that

____________________________________________________ (proposer name) does:

1. Publish a statement notifying that the unlawful manufacture, distribution, dispensing, possession, or use of a

controlled substance is prohibited in the workplace and specifying the actions that will be taken against

employees for violation of such prohibition.

2. Inform employees about the dangers of drug abuse in the workplace, any Available drug counseling,

rehabilitation, employee assistance programs, and the penalties that may be imposed upon employees for drug

abuse violations.

3. Give each employee engaged in providing the commodities or contractual services that are under proposal a

copy of the statement specified in Paragraph 1.

4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the

commodities or contractual services that the employee will abide by the terms of the statement and will notify

the employer of any conviction of, or plea of guilty or nolo contender to any violation of Chapter 1893 or of any

controlled substance law of the United States or any state, for a violation occurring in the workplace no later

than five (5) days after such conviction.

5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation

program if such is available in the employee’s community, by any employee who is convicted.

6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1,

through Paragraph 5.

As the person authorized to sign this statement, I certify that this firm fully complies with the above requirements.

Date: __________________ ___________________________

Signature & Title



6. PUBLIC ENTITY CRIMES FORM

SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),

FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES

THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR

OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.

1. This sworn statement is submitted to

[print name of the public entity]

by

[print individual's name and title]

for

[print name of entity submitting sworn statement]

whose business address is

and (if applicable) its Federal Employer Identification Number (FEIN) is

(If the entity has no FEIN, Include the Social Security Number of the individual signing this

sworn statement: .)

2. I understand that a "public entity crime" as defined In Paragraph 287.133(1)(g), Florida Statutes, means a

violation of any state or federal law by a person with respect to and directly related to the transaction of business

with any public entity or with an agency or political subdivision of any other state or of the United States,

including, but not limited to, any proposal or contract for goods or services to be provided to any public entity

or an agency or political subdivision of any other state or of the United States and Involving antitrust, fraud,

theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a

finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal

or state trial court of record relating to charges brought by indictment or Information after July 1, 1989, as a

result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.



6. PUBLIC ENTITY CRIMES FORM (CONTINUED)



4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:

1. A predecessor or successor of a person convicted of a public entity crime; or

2. An entity under the control of any natural person who is active in the management of the entity and who has

been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives,

partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The

ownership by one person of shares constituting a controlling interest In another person, or a pooling of

equipment or income among persons when not for fair market value under an arm's length agreement, shall be a

prima facie case that one person controls another person. A person who knowingly enters into a joint venture

with a person who has been convicted of a public entity crime In Florida during the preceding 36 months shall

be considered an affiliate.

5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person

or entity organized under the laws of any state or of the United States with the legal power to enter into a

binding contract and which proposals or applies to proposal on contracts for the provision of goods or services

let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term

"person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents

who are active in management of an entity.

6. Based on information and belief, the statement which I have marked below is true in relation to the entity

submitting this sworn statement. [Indicate which statement applies.]

Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners,

shareholders, employees, members, or agents who are active In the management of the entity, nor any affiliate

of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders,

employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been

charged with and convicted of a public entity crime subsequent to July 1, 1989.



6. PUBLIC ENTITY CRIMES FORM (CONTINUED)



The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,

shareholders, employees, members, or agents who are active In the management of the entity, or an affiliate of

the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However,

there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of

Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the

public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of

the final order]

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR

THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY

ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN

WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC

ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT

PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN

THE INFORMATION CONTAINED IN THIS FORM.

[Signature]

Sworn to and subscribed before me this day of , 20 .

Personally known

OR Produced Identification Notary Public - State of

My commission expires

(Type of identification)

(Printed, typed or stamped

commissioned name of notary public)

Form PUR 7068 (Rev. 06/11/92)



7. TRENCH SAFETY ACT FORM

FLORIDA STATUTE 90-96

NOTICE TO PROPOSERS: In order to comply with the Trench Safety Act, the Proposer is required to

specify the costs of compliance. These costs are not a separate pay item. The Proposer must also reference

the Trench Safety Standards which will be in effect during construction and assure in writing that the Proposer

will comply with the applicable Trench Safety Standards.

TRENCH SAFETY MEASURE

UNITS OF

MEASURE

QUANTITY

UNIT

COST

COST

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