Res No 101-01-11249/
RESOLUTION No. 101-01-11249
A RESOLUTION OF THE MA YOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO EXECUTE A CONSTRUCTION
MANAGEMENT SERVICES AGREEMENT WITH DOOLEY & MACK
CONSTRUCTORS, INC., FOR CONSTRUCTION MANAGER @ RISK SERVICES
FOR THE PHASE TWO OF THE CITY OF SOUTH MIAMI MULTIPURPOSE
CENTER AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to retain a qualified Construction
Manager firm to provide Construction Management Services for phase two of the City of
South Miami Multipurpose Center in Murray Park and
WHEREAS, pursuant to Florida Statute 287.055 the City published a Notice for
Professional Services, and
WHEREAS, The City having followed the requirements established by Florida
Statute for Acquisition of Professional Services for Architects and Engineers,
recommended three top ranked firms in order of preference to the city Commission, and
WHEREAS, The City Commission authorized the administration to negotiate an
agreement for construction management services, including pre-construction services with
the first ranked firm Dooley & Mack Constructors, Inc., and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: That the City Commission approve the proposed agreement as negotiated
between the City and Dooley & Mack Constructors, Inc.
Section 2: That the approved and executed agreement is made a part of this resolution
Section 3: This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 24thday of __ J--'-u_l ..... y ___ • 2001.
ATr,~T: "
1'--1 7 ~M~~JA,
READ AND APPROVED AS TO FORM:
~I G .. (fn:zjl'fl-:
CITY ATTORNEY I
a~
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
5-0
Yea
Yea
Yea
Yea
Yea
-,
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To: Mayor and City Commission
From: Charles D. Scurr J /J I," r 1
City Maoager tp J c/-
REOUEST
Date: July 24, 2001
Agenda Item # II
Re: Authorization to execute a contract with
Dooley & Mack
Constructors, Inc. for the Multipurpose
Center Phase II
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO EXECUTE A CONSTRUCTION MANAGEMENT SERVICES AGREEMENT WITH DOOLEY
& MACK CONSTRUCTORS, INC., FOR CONSTRUCTION MANAGER @ RISK SERVICES FOR THE
PHASE TWO OF THE CITY OF SOUTH MIAMI MULTIPURPOSE CENTER AND PROVIDING AN
EFFECTIVE DATE.
BACKGROUND:
The City of South Miami solicited proposals from qualified Construction Managers to provide
Construction Management (CM) @ Risk services for phase two of the City of South Miami Multipurpose
Center in Murray Park. A selection process was set up based on the requirements of the State Statues
governing acquisition of professional architectural and engineering services. The City Commission at its
June 12,2001 accepted the Selection Committee recommendation and authorized the Administration to
negotiate an agreement with the first ranked firm Dooley & Mack Constructors, Inc.
The agreement for the CM services consists of two phases. The first phase of the agreement is for pre-
construction services, wherein the CM functions as an agent of the City, is paid a fixed fee for services
performed, and is an integral part of the design team. The negotiated fee is $29,986.00, which is less than
1 % of the budget amount. The industry norm for such a fee ranges between 1 and 1.5% of the budget
amount. Pre-construction services shall include such items as value engineering, scheduling,
constructability analyses and the development ofa Guaranteed Maximum Price (GMP). If the GMP is
accepted, the second phase (the construction phase) is implemented. The source of funding for the
Construction Management services is the Office of Economic Development (OCED) as part of the
approved FY 2001 funding for the MUltipurpose Center Phase 2 project.
Attached is a copy of the negotiated agreement.
RECOMMENDATION
The proposed Agreement is recommended for City Commission approval.
Attachments:
Proposed resolution.
Proposed Agreement
City of South Miami Multipurpose Center Phase 2
Construction Management Services Agreement
THIS AGREEMENT made and entered into this ;;J.i day of j'..).L:i ,2001, by and
between the CITY OF SOUTH MIAMI, a municipal corporation of the State of Florida, ("City") and
DOOLEY & MACK CONSTRUCTORS, INC., a Florida Corporation.
In consideration of the mutual covenants contained in this Agreement, and other
consideration, the receipt and the legal sufficiency of which is acknowledged by the parties, the City
agrees to employ the Construction Manager and the Construction Manager agrees to perform all
required services in connection with the following described project (Work).
Section 1: The Construction Team and Extent of Agreement
1.1 The Construction Manager, the City, and the ArchitectlEngineer ("Construction Team") will
work as a team through construction completion. The Construction Manager shall provide leadership
to the Construction Team on all matters relating to construction. The ArchitectlEngineer will provide
leadership to the Construction Team on all matters relating to design.
1.2 The Construction Manager shall furnish its best skill and judgement and cooperate with the
ArchitectiEngineer in furthering the interests of the City. The Construction Manager shall furnish
efficient business administration and superintendence and use its best efforts to complete the Project
in an expeditious and economical manner consistent with the interests ofthe City.
1.3 This Agreement is complementary to the Drawings and Specifications and the Conditions of
the Contract, and together with them, represents the entire agreement between the City and the
Construction Manager and supersedes all prior negotiations, representations or agreements. Where
this Agreement is expressly in conflict with the Conditions of the Contract, this Agreement will
prevail. Where this Agreement is silent, the Conditions of the Contract, and the requirements of the
Drawings and Specifications will prevail. This Agreement may be amended only by written
instrument signed by the City and the Construction Manger.
Section 2: Construction Manager's Basic Services
The Construction Manager's Basic Services under this Agreement include preconstruct ion phase
services and construction phase services.
2.1 The Preconstruction Phase: The preconstruction services shall connnence at the issuance of the
''Notice to Proceed". The Construction Manager shall:
City of South Miami Multipurpose Center Phase 2
Construction Management Services Agreement
July 2001
Page 2 ofl7
2.1.1 Preconstruction deliverables shall consist of 5 (five) copies of reports at 25% Design
Development phase, at the end the Design Development, at 35% Construction Documents and at the
75% Construction Documents together with a Guaranteed Maximum Price (GMP) proposal. The
reports shall include a complete discussion and summary of the services provided in accordance with
Subparagraphs 2.1.2 through 2.1.9 herein below, including the schedule, a detailed cost estimate and
the Construction Manager's confirmation that the project as designed and specified can be
constructed within the budget.
2.1.2 Provide a preliminary evaluation ofthe City's program and project budget requirements, each
in terms of the other.
2.1.3 Review and study, on a continuing basis through the development of design and construction
documents for accuracy, completeness, clarity, and consistency, advise on site use and improvements,
selection of materials, building systems and equipment and methods of Project delivery, provide
recommendations on relative feasibility of construction methods, availability of materials and labor,
time requirements for procurement, installation and construction and factors related to cost including,
but not limited to, costs of alternative designs or materials, preliminary budgets and possible
econOlDles.
2.1.4 Provide for the ArchitectlEngineer's and the City's review and acceptance, a Project Schedule
that coordinates and integrates the Construction Manager's services, the ArchitectlEngineer's services
and the City's responsibilities with anticipated construction schedules. The Construction Manager
shall update this schedule periodically, as required.
2.1.5 Prepare for the City's approval a detailed estimate of Construction Cost, as defined in Section
8, developed by using estimating techniques which anticipate the various elements of the Project, and
based on design documents prepared by the ArchitectlEngineer; update and refine this estimate
periodically as the ArchitectlEngineer prepares Construction Documents; advise the City and the
ArchitectlEngineer ifit appears that the Construction Cost may exceed the Project budget; and make
recommendations for corrective action.
2.1.6 Coordinate Contract Documents by consulting with the City and the ArchitectlEngineer
regarding Drawings and Specifications as they are being prepared, and recommending alternative
solutions whenever design details affect construction feasibility, cost or schedules; assist the City and
the ArchitectlEngineer in preparing comparative life cycle analysis of ownership, operating, and
maintenance costs for design alternatives prepared by the ArchitectlEngineer.
2.1.6 (1) Advise on the separation ofthe Project into contracts for various categories of Work. If
separate contracts are to be awarded by the City, review the Drawings and Specifications and make
recommendations as required to provide that; (1) the Work ofthe separate contractors is coordinated
with that of the Trade Contractors; (2) all requirements for the Project have been assigned to the
City of South Miami Multipurpose Center Phase 2
Construction Management Services Agreement
July 2001
Page 3 of17
appropriate separate contract; (3) the likelihood of jurisdictional disputes has been minimized; and (4)
proper coordination has been provided for phased construction.
2.1.6(2) Develop a Project Construction Schedule providing for all major elements such as phasing
of construction and times of commencement and completion required of each Trade Contractor;
provide the Project Construction Schedule for each set of bidding documents; and develop a plan for
the phasing of construction.
2.1.6(3) Establish a schedule for the purchase of materials and equipment requiring long lead time
procurement, and coordinate the schedule with the early preparation of portions of the Contract
Documents by the ArchitectlEngineer; expedite and coordinate delivery of these purchases.
2.1.7 Provide an analysis of the types and quantities oflabor required for the Project and review the
availability of appropriate categories of labor required for critical phases; develop bidding packages
designed to minimize adverse effects of labor shortages.
2.1.7(1) Consider the City's Minority Business Enterprise and other bidding requirements
mandated by the funding agencies as described in the Special Conditions of the Contract when
developing bid packages.
2.1.8 Make recommendations for pre-qualification criteria for bidders and develop bidders' interest in
the Project; establish bidding schedules.
2.1.9 Schedule and conduct monthly meetings of the Construction Team, and prepare and distrIbute
minutes.
2.1.10 Based upon Drawings and Specifications produced by the ArchitectlEngineer, develop
Guaranteed Maximum Price (nGMPn) proposal( s), including Project Construction Schedule, itemized
by Trade Contract, for phases of Work as required by the City. Ifthe documents as prepared by the
ArchitectlEngineer are not adequate for the development of a GMP, the Construction Manager shall
notify the City immediately, prior to developing the GMP. All assumptions made by the Construction
Manager in the development of the GMP shall be specifically listed in the GMP proposals, and the
GMP will not be adjusted due to assumptions made by the Construction Manager, but not included in
the GMP proposal.
2.1.1 O( 1 ) If the City accepts the GMP proposal, it will become an Amendment to this Agreement,
which will establish the GMP, Contract Time, and liquidated damages for that phase of the Work.
Performance and Payment Bonds on the City's standard forms will be executed simultaneously with
the GMP amendment.
2.1.10(2) If the City does not accept the GMP proposal, the City shall so notify the Construction
Manager in writing. The Construction Manager shall then recommend adjustments to the Work. The
City of South Miami Multipurpose Center Phase 2
Construction Management Services Agreement
July 2001
Page 4 ofl7
Construction Team will discuss and negotiate these recommendations for no more than 30 calendar
days, unless the City grants an extension in writing. If an acceptable GMP is not developed,
negotiations may be terminated.
2.2 Construction Phase. The Construction Phase shall commence at the issuance ofthe " Notice
to Proceed" and the City's acceptance of the GMP. Unless otherwise authorized by the City, all
Work shall be performed under Trade Contracts held by the Construction Manager. The
Construction Manager shall:
2.2.1 Administer the construction phase as provided herein and in the Conditions of the Contract
Documents included in the Project Manual.
2.2.1(1) Terms used in the Conditions of the Contract shall have the following meanings:
.1 "Contractor" means Construction Manager, and the terms will be used interchangeably;
.2 "Subcontractor" means Trade Contractor, and the terms will be used interchangeably; and,
.3 "Contract Sum" means Guaranteed Maximum Price and the terms will be used
interchangeably.
2.2.2 Commence the Work within 10 days after receipt of the executed Guaranteed Maximum Price
Amendment and Notice to Proceed from the City.
2.2.3 Develop procedures, which are acceptable to the City for the pre-qualification of Trade
Contractors; develop Trade Contractor interest in the Project and publicly advertise and conduct pre-
bid conferences with interested bidders to review the documents; take competitive bids on the Work
of the various Trade Contractors; or, if authorized by the City in writing, negotiate for the
performance of that Work (the Construction Manager may require bidders to submit bid bonds or
other bid security acceptable to the Construction Manager as a prerequisite to bidding on the Work);
analyze and evaluate the results of the various bids and their relationship to budgeted and estimated
amounts, and prepare for review with the City and ArchitectlEngineer a bid tabulation analysis and
such other support data as necessary to properly compare the various bids and their responsiveness to
the desired scope of Work (specifically, review the scope of Work in detail with apparent low
responsive bidders to determine that their bids are complete but do not include duplicate scope items.
Maintain records of all pre-award interviews with apparent low bidders); prepare and submit written
recommendations to the City and ArchitectlEngineer for award of Trade Contracts by the
Construction Manager identifying the Minority Business Enterprises to be utilized; promptly award
and execute Trade Contracts with approved Trade Contractors; and provide copies offully executed
Trade Contracts, insurance certificates and, if required, bonds to the City.
City of South Miami Multipurpose Center Phase 2
Construction Management Services Agreement
July 2001
Page 5 ofl7
2.2.4 Manage, schedule and coordinate the Work, including the Work ofthe Trade Contractors, and
coordinate the Work with the activities and responsibilities of the City, ArchitectlEngineer and
Construction Manager in order to complete the Project in accordance with the City's objectives of
cost, time and quality; develop and maintain a program, acceptable to the City and
ArchitectlEngineer, to assure quality control of the construction; supervise the Work of all Trade
Contractors, providing instructions to each when its Work does not conform to the requirements of
the plans and specifications and continue to manage each subcontractor to ensure that corrections are
made in a timely manner so as to not affect the progress of the Work. Should disagreement occur
between the Construction Manager and the ArchitectlEngineer over acceptability of Work and
conformance with the requirements ofthe specifications and plans, the City shall be the finaljudge of
performance and acceptability.
2.2.5 Maintain exclusively for this Project a competent full-time staff at the Project site to coordinate
and direct the Work and progress of the Trade Contractors on the Project. All of the Construction
Manager's on-site management and supervisory personnel shall be consistent with the interview
presentation and shall not be removed or replaced without the City's consent which shall not be
unreasonably withheld. The City shall have the right to direct the Construction Manager to remove
or replace anyon-site personnel whose performance becomes unsatisfactory to the City. In such
event, the Construction Manager shall promptly replace such personnel, without consideration of
additional compensation for the replacement.
2.2.5.1 Establish on-site organization and lines of authority in order to carry out the overall plans
of the Construction Team; identify an on-site staff member to represent the Construction Manager,
on a daily basis, with authority to negotiate change orders and contract modifications on behalf of the
Construction Manager; and make available such executive personnel as necessary to execute change
orders or other contract modifications on behalf of the Construction Manager so as not to delay the
progress of the Work.
2.2.6 Establish procedures for coordination among the City, ArchitectlEngineer, Trade Contractors
and Construction Manager with respect to all aspects of the Work; implement such procedures,
incorporate them into a project resource manual, and distribute manuals to the Construction Team.
2.2.6.1 Require of the various Trade Contractors such Coordination Drawings as may be
necessary to properly coordinate the Work among the Trade Contractors.
2.2.6.2 In coordination with the ArchitectlEngineer, establish and implement procedures for
tracking and expediting the processing of shop drawings and samples, as required by the Conditions
of the Contract.
2.2.7 Schedule and conduct weekly progress meetings with Trade Contractors to review such
matters as job procedures, construction progress, schedule, shop drawing status and other
information as necessary; provide prior notice to City and ArchitectlEngineer of all such meetings,
city of South Miami Multipurpose Center Phase 2
Construction Management Services Agreement
July 2001
Page6of17
and prepare and distribute minutes; and attend monthly Team meetings scheduled by the
ArchitectlEngineer.
2.2.8 Review the schedule with the various Trade Contractors and review, or expand, the level of
detail to incorporate specific Trade Contractor input consistent with the overall completion
requirements; regularly monitor and update the Project Schedule and various sub-networks as
construction progresses; identify potential variances between scheduled and probable completion
dates; review schedule for Work not started, or incomplete, and make adjustments in the schedule to
meet the scheduled completion date; provide summary reports of each monitoring and document all
changes in schedule; and display the current Project Schedule in the on-site office; review at progress
meetings. Regular schedule updates and reporting shall be included as part of the monthly project
report outlined in Subparagraph 2.2.16.
2.2.9 Determine the adequacy of the Trade Contractors' personnel and equipment, and the
availability of materials and supplies to meet the schedules and in consultation with the City and the
ArchitectlEngineer, take necessary corrective actions when requirements ofa Trade Contract or a
Trade Contract Schedule are not being met.
2.2.10 Whenever City-Furnished Contractor-Installed materials or equipment are shipped to the
Project site, the Construction Manager shall notify the City and shall be responsible for their
acceptance, proper storage, and incorporation into the Work provided the scope of the City-
Furnished Contractor-Installed work is included within the Guaranteed Maximum Price.
2.2.11 Develop and maintain an effective system of Project cost control, which is satisfactory to the
City; revise and refine the initially approved Project Construction budget, incorporate approved
changes as they occur, and develop cash flow reports and forecasts as needed; identify variances
between actual and budgeted or estimated costs and advise City and ArchitectlEngineer whenever
projected costs exceed budgets or estimates. Cost Control reports shall be included as part of the
monthly project report outlined in Subparagraph 2.2.16 .
2.2.12 The Construction Manager shall maintain a system of accounting consistent with generally
accepted accounting principles and any other requirements of the funding agency. The Construction
Manager shall preserve all accounting records for a period of four (4) years after final acceptance of
the Work. The City shall have access to all such accounting records at any time during the
performance of the Work and for a period offour (4) years after final acceptance of the Work.
2.2.13 Develop and implement a system for the preparation, review and processing of change orders.
Without assuming any of the Architect! Engineer's responsibilities for design, recommend necessary
or desirable changes to the City and the ArchitectlEngineer, review requests for changes and submit
recommendations to the City and ArchitectlEngineer.
2.2.13.1 When requested by the City or ArchitectlEngineer, promptly prepare and submit estimates
of probable cost for changes proposed in the Work including similar estimates from the Trade
cit)' of South Miami Multipurpose Center Phase 2
Construction Management Services Agreement
July 2001
Page 7 of17
Contractors; and if directed by the City, promptly secure formal written Change Order Proposals
from such Trade Contractors.
2.2.14 Be responsible for initiating, maintaining and supervising effective safety programs and
require similar programs of the Trade Contractors and Sub-subcontractors. The OSHA guidelines
shall serve as the basis for the construction safety program.
2.2.14.1 Promptly notifY the City and, where applicable, the City's Insurance Administrator, in
writing, upon receiving notice of filing of any charge of non-compliance from OSHA, or upon
receiving notification that a federal or state inspector shall visit or is visiting the Project site.
2.2.14.2 At progress meetings with Trade Contractors, conduct a review of job safety and accident
prevention, and prepare minutes of such meetings that will be available to the City's Representative on
request. The minutes of job safety and accident prevention portion of such progress meetings shall be
made available to the City's Insurance Administrator upon request.
2.2.14.3 Designate a full-time staffmember as the project safety director who shall oversee job
safety and accident prevention for the Construction Manager, Trade Contractors and Sub-
subcontractors involved in the Work, in addition to any other responsibilities assigned to such staff
member.
2.2.15 Make provisions for Project security acceptable to the City, to protect the Project site and
materials stored off-site against theft, vandalism, fire and accidents, etc., as required by job and
location conditions. Mobile equipment and operable equipment at the site, and hazardous parts of
new construction subject to mischief, shall be locked or otherwise made inoperable or protected when
unattended.
2.2.16 Record the progress of the Project; submit written monthly progress reports to the City and
the ArchitectlEngineer including progress photographs of the project, information on the Trade
Contractors' Work, the percentage of completion, current estimating, computerized updated monthly
Critical Path Method scheduling and project accounting reports, including Estimated Time to
Completion and Estimated Cost to Complete; keep a daily log available to the City and the
ArchitectlEngineer; and report and record such additional information related to construction as may
be requested by the City.
2.2.17 The Construction Manager shall be responsible for the removal, encapsulation, transportation
and disposal of any hazardous material, including, without limitation, any asbestos or asbestos-related
products as may be required in connection with the Work. Hazardous material, described by federal
guidelines brought by the Construction Manager or the Trade Contractors shall remain their
responsibility for proper disposal
city of South Miami Multipurpose Center Phase 2
Construction Management Services Agreement
July 2001
Page 8 oft 7
Section 3: Additional Services
3.1 Upon the mutual agreement of the City and the Construction Manager, and only upon prior
written authorization from the City, the Construction Manager shall provide additional services,
which are beyond the scope of the Basic Services described in Section 2. The Construction Manager
shall be compensated for such additional services a fee to be negotiated by the City and the
Construction Manager at the time of the additional service request.
Section 4: City's Responsibilities
4.1 The City shall designate a representative to act on its behalf This representative, or his/her
designee, will monitor the progress of the Work, serve as liaison with the Construction Manager and
the ArchitectlEngineer, receive and process communications and paperwork, and to represent the
City in the day-to-day conduct of the Project. The Construction Manager will be notified in writing
of the representative and ofhis/her designee.
4.2 The City may retain a threshold inspector, ifrequired.
4.3 The City shall review and approve or take other appropriate action on the Construction
Manager's preconstruction deliverables within 10 (ten) calendar days of receipt.
4.4 During the construction phase, communications shall be made as described in the General
Conditions.
Section 5: Schedule
5.1 Preconstruction Phase
5.1.1 The Construction Manager shall submit the Design Development Reports within fourteen (14)
calendar days, 35% Construction Document Report, and Guaranteed Maximum Price Proposal within
thirty (30) calendar days after the documents have been made available to the Construction Manager.
5.2 The number of days for performance of the Work under the construction phase of this
Agreement shall be established in the Guaranteed Maximum Price Amendment to this Agreement.
5.3 In the event the City desires to accelerate the schedule for any portion of the Work, the City
shall notify the Construction Manager in writing. Within seven (7) days, the Construction Manager
shall give the City a revised Guaranteed Maximum Price for the acceleration, which shall become a
Change Order upon acceptance. The City may then direct the Construction Manager to increase its
staff and require its Trade Contractors to increase their manpower, or to work such overtime hours as
may be necessary to accomplish the required acceleration in accordance with the approved Change
Order. In such event the City shall reimburse the Construction Manager for the costs of such
City of South Miami Multipurpose Center Phase 2
Construction Management Services Agreement
July 2001
Page 9 of17
acceleration subject to the Guaranteed Maximum Price. In no event shall the Construction Manager
be entitled to compensation in excess of the adjusted Guaranteed Maximum Price. The Construction
Manager shall require accurate daily records of all costs of the required acceleration and shall secure
the City's approval of such records.
Section 6: Guaranteed Maximum Price
6.1 The Guaranteed Maximum Price ("GMP")[this was abbreviated earlier in the document]
includes Cost of the Work required by the Contract Documents as defined in Section 8, and the
Construction Manager's fee as defined in Paragraph 7.2 herein. The GMP will be established based
on design documents prepared by the ArchitectlEngineer. The GMP is subject to modification for
changes in the Work as provided in Section 9.
6.2 The GMP will only include those taxes in the Cost of the Work which are legally applicable at
the time the GMP is established.
6.3 All cost savings for the not-to-exceed value ofthe GMP shall be returned to the City as part of
the net aggregate savings established when final accounting is submitted upon Final Completion of the
Work, or at such earlier time as agreed to by the City and the Construction Manager. "Cost savings"
are the net difference obtained by deducting from the Adjusted GMP, the documented Construction
Manager's Fee, the expended portions of the Construction Manager's contingency and the actual
expenditures representing the Cost of the Work as defined in Section 8. Liquidated damages, if any,
are different from, and are not a part of, this calculation. Upon completion of the bidding period, the
Construction Manager's contingency will be adjusted so that it does not exceed the contingency
percentage agreed upon in the original GMP proposal. Those savings resulting from favorable bids
and the related overhead and profit will be available for the City's use, immediately following the
bidding period.
6.4 By execution of this Agreement, the Construction Manager certifies that all factual unit costs
supporting the fees specified in this Agreement are accurate, complete and current at the time of
negotiations; and that any other factual unit costs that may be furnished the City in the future to
support any additional fees that may be authorized will also be accurate and complete. The fees
specified in this Agreement and any additional fees that may be authorized in the future shall be
adjusted to exclude any significant sums by which the City determines the fee was increased due to
inaccurate, incomplete, or non-current factual unit costs.
Section 7: Payments to Construction Manager
7.1 In consideration ofthe performance of the Agreement, the City agrees to pay the Construction
Manager, as compensation for its services as set forth below:
City of South Miami Multipurpose Center Phase 2
Construction Management Services Agreement
July 2001
Page 10 ofl7
7.1.1 For preconstruction services, the lump sum amount of $ 29,986.00, to be paid at the
satisfactory completion of the following phases:
25% Design Development
100% Design Development
35% Construction Documents
75% Construction Documents with GMP
Construction Manager Fee
$ 3,372.00
$ 8,501.00
$ 7,960.00
$ 8,456.00
$ 1,697.00
7.1.2 Upon acceptance of the GMP, the amount established in the GMP Amendment to this
Agreement, which includes the Construction Manager's fee as described in Paragraph 7.2 and the
Cost of the Work as descn"bed in Section 8, to be paid monthly as described in the General Conditions
of the Contract.
7.2 Included in the Construction Manager's Fee are the following:
7.2.1 The cost of its home or branch office employees or consultants not at the Project site,
including the cost of all pension contributions, hospitalization, bonus, vacations, medical insurance
assessments or taxes for such items as unemployment compensation and social security, payroll
insurance, and taxes attributable to wages and salaries and other company overhead expenses for said
home office employees.
7.2.2 General operating expenses ofthe Construction Manager's principal and branch offices other
than the field office.
7.2.3 Any part of the Construction Manager's capital expenses, including interest on the
Construction Manager's capital employed for the Work.
7.2.4 Overhead and profit, or general expenses of any kind, except as may be expressly included in
Section 8, as Cost of the Work.
7.2.5 All travel and per diem costs of Construction Manager's employees and consultants.
7.2.6 The cost of estimating services which may be required during the construction phase in
locations other than the Project site.
7.2.7 All costs incurred during the guarantee period after construction.
7.3 Adjustments in the fee will be made as follows:
city of South Miami Multipwpose Center Phase 2
Construction Management Services Agreement
July 2001
Pagellofl7
7.3.1 Adjustments due to Changes in the Work shall be made as described in the General Conditions
of the Contract.
7.3.2 For delays in the Work caused by the City, the Construction Manager shall be entitled to
additional fee to compensate the Construction Manager for its increased expenses. The amount of
this increased fee shall be calculated at a daily rate derived by dividing the basic fee (excluding profit)
established in the accepted GMP proposal by the Contract Time established in the GMP Amendment
to the Agreement.
7.4 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
Section 8: Cost of the Work
8.1 The term "Cost of the Work" shall mean costs including General Conditions costs, incurred in
the Work as described and defined in Paragraph 8.2, and paid or incurred by the Construction
Manager less any reimbursement for scrap value and cash or trade discounts, subject to Section 10.
The term "wages" shall include the straight time and overtime pay and the cost of associated
employee benefits. Employee benefits include, but are not limited to, unemployment compensation,
social security, compensated absences, and other mandatory and customary contributions and fringe
benefits insofar as such costs are based on wages, salaries, or other remuneration paid to employees
of the Construction Manager.
8.1.1 The City agrees to pay the Construction Manager for the Cost of the Work as defined in
Section 8, through completion of the Work. Payment shall be in addition to the Construction
Manager's Fee as stipulated in Paragraph 7.2.
8.2 Cost of the Work includes and is limited to actual expenditure for the following cost items:
8.2.1 Subject to prior approval by the City, wages paid for labor in the direct employ of the
Construction Manager other than those provided under Paragraph 7.2, as a part of the Construction
Manager's Fee in the performance of the Work under applicable collective bargaining agreements, or
under a salary or wage schedule agreed upon by the City and Construction Manager, and including
such welfare or other benefits, if any, as may be payable with respect thereto.
8.2.2 The cost of all materials, supplies and equipment incorporated in the Work or stored on site,
including cost of transportation and storage thereof shall be included in the Cost ofthe Work. At the
City's sole discretion, the City may make payment for materials, supplies and/or equipment stored oft:
site and bonded.
8.2.3 Payments made by the Construction Manager to Trade Contractors for their Work performed
pursuant to Trade Contracts with the Construction Manager.
city of South Miami Multipurpose Center Phase 2
Construction Management Services Agreement
July 2001
Page 12 of17
8.2.4 Cost of the premiums for all insurance or bonds including Trade Contractor bonds which the
Construction Manager is required to procure by this Agreement, or other insurance or bonds
subsequently deemed necessary by the Construction Manager, and agreed upon by the City. The cost
of insurance for the Construction Manager, trade contractors, and sub-subcontractors at any tier in
the Work shall be excluded for any insurance to be provided by the City in accordance with Section
11.
8.2.5 Sales, use, gross receipt, or similar taxes related to the Work imposed by any governmental
authority and for which the Construction Manager is liable.
8.2.6 Building and operating permit fees, inspection and filing fees, sewer and water fees, and
deposits lost for causes other than the Construction Manager's own negligence. If royalties or losses
and damages, including cost of defense, are incurred which arise from a particular design, process or
the product of a particular manufacturer or manufacturers specified by the City or ArchitectlEngineer,
and the Construction Manager had no reason to believe there would be infringement of patent rights,
such royalties, losses and damages shall be paid by the City and the GMP shall be adjusted by Change
Order to compensate the Construction Manager for the increased costs. If the Construction Manager
knows or should know that use ofthe particular design, process or product would infringe a patent(s)
and fails to provide written notice to the City before using such design, process or product, then no
royalties, losses, damages or defense costs arising from use of such design, process or product shall
be a Cost of the Work.
8.2.7 Cost of removal and disposal of all debris including clean-up and trash removal.
8.2.8 Cost incurred due to an emergency affecting the safety of persons and/or property.
8.2.9 Legal costs reasonably and properly resulting from prosecution of the Work for the City
provided, however, that they are not the result of the Construction Manager's own negligence or
malfeasance. Legal costs incurred in connection with disputes solely between the Construction
Manager and the City or incurred in connection with disputes solely between the Construction
Manager and Trade Contractors are the responsibility of the Construction Manager and shall not be
included in the Cost of the Work.
8.2.10 Cost to the Construction Manager of temporary electric power, lighting, water and heat
required for the performance of the Work, or required to protect the Work from weather damage.
8.2.11 Cost to the Construction Manager oftemporary safety-related protection including barricades
and safety equipment, temporary roads and parking, dust control, pest control, installation and
operation of temporary hoists, scaffolds, ladders and runways, and temporary project signs and costs
of permits and fees pursuant to the Conditions of the Contract.
city of South Miami Multipurpose Center Phase 2
Construction Management Services Agreement
July 2001
Page 13 of17
8.2.12 Cost of watchmen or similar security services.
8.2.13 Cost of surveys, measurements and layout work reasonably required for the execution of the
Work or the requirements of the Agreement.
8.2.14 Cost of preparation of shop drawings, coordination plans, photographs, or as-built documents
not included in Trade Contracts.
8.2.15 Cost of data processing services required in the performance of the construction phase
services as outlined in Paragraph 2.2.
8.2.16 All costs for reproduction of documents.
8.2.17 All costs directly incurred in the performance of the Work and not included in the
Construction Manager's Fee as set forth in Paragraph 7.2.
8.2.18 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.
8.2.19 Rental charges of all necessary machinery and equipment, including hand tools used in the
performance of the Work, whether rented from the Construction Manager or others, including
installation, repairs and replacements, dismantling, removal, costs oflubrication, transportation and
delivery costs.
8.2.20 Costs associated with setting up and demobilizing tool sheds, Project field offices, temporary
fences, temporary roads, and temporary fire protection.
8.2.21 Attendance at meetings of the City Commission regarding the Project.
Section 9: Changes in the Work
9.1 The City, without invalidating this Agreement, may order changes in the Work within the
general scope of this Agreement consisting of additions, deletions, or other revisions. All changes in
the Work shall be authorized as described in the General Conditions of the Contract. Except incases
of emergency endangering life or property, the Construction Manager shall allow no Changes in the
Work without the prior written approval of the City.
CiW of South Miami Multipurpose Center Phase 2
Construction Management Services Agreement
July 2001
Page 14 of17
Section 10: Discounts
10.1 All quantity discounts shall accrue to the City. All trade discounts, rebates and refunds, and all
returns from the sale of surplus materials and equipment shall be credited to the City.
Section 11: Insurance
11.1 The Construction Manager shall provide insurance as required by the General Conditions of
the Contract before commencing construction.
Section 12: Miscellaneous Provisions
12.1 The City and Construction Manager respectively, bind themselves, their partners, affiliates,
successors, assigns and legal representatives to the other party to this Agreement and to the partners,
affiliates, successors, assigns and legal representatives of such other party with respect to all
covenants of this Agreement. Neither City nor Construction Manager shall assign this Agreement
without the written consent of the other.
12.2 This Agreement shall be governed by the laws of the State of Florida.
12.3 The Construction Manager agrees that after completion of all Work under this Agreement and
all Amendments thereto and prior to final payment, it will execute and deliver to the City an
"Assignment of Anti-trust Claims" as shown in the Special Conditions of the Contract.
12.3.1 The Construction Manager also agrees that prior to final payment, it will cause each ofits
suppliers and Trade Contractors who have furnished services, goods, or materials in connection with
the performance of this Contract, to execute and deliver to the City an "Assignment of Anti-trust
Claims" in the same form as specified in Paragraph 12.3.
12.4 The Construction Manager warrants that it has not employed or retained any company or
person (other than a bona fide employee working solely for the Construction Manager) to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation
individual or firm (other than a bona fide employee working solely for the Construction Manager) any
fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the
award or making of this Agreement.
12.5 This contract may be unilaterally canceled by the City for refusal by the Construction Manager
to allow public access to all documents, papers, letters, or other material made or received by the
Construction Manager in conjunction with the contract.
12.6 As required by Section 287.133, Florida Statutes, the Construction Manager warrants that it is
not on the convicted vendor list for a public entity crime committed within the past 36 months. The
city of South Miami Multipurpose Center Phase 2
Construction Management Services Agreement
July 2001
Page 15 of17
Construction Manager further warrants that it will neither utilize the services of, nor contract with,
any supplier, subcontractor, or consultant in excess of$1 0,000.00 in connection with this Project for
a period of36 months from the date oftheir being placed on the convicted vendor list.
12.7 The liability of the City to the Construction Manager under this Agreement shall be limited to the
GMP as described in Section 6, less any payments made to the Construction Manager. The City shall
not be liable to Construction Manager for any damage, expense, obligation, penalty, attorney's fees or
prejudgment interest, other than for amounts due under this Agreement.
12.8 The Construction Manager shall not file any liens against the Project. If the Construction
Manager should breach ofthis provision the City may seek damages for, among other things, slander
of title, fraudulent lien, and attorney's fees and costs.
12.9 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be
subject to informal mediation as a condition precedent to the institution of legal or equitable
proceedings by either party. Both parties waive the right to arbitration. The parties shall share the
mediator's fee and any filing fees equally. The mediation shall be held in Miami-Dade County,
Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof
12.10 The City does not waive sovereign immunity, and shall not be liable for, the payment of
attorney's fees, or prejudgment interest.
12.11 The representatives executing this Agreement warrant and represent that they are
authorized by their respective agency to enter into a binding agreement.
12.12 The Construction Manager shall comply with the following Federal Regulations;
12.12.1 Executive Order 11246 of September 24, 1965, entitled "Equal Employment
Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as
supplemented in Department of Labor regulations (41 CFR Chapter 60).
12.12.2 Copeland" Anti-Kickback" Act (18 USC 874) as supplemented in Department of
Labor regulations (29 CFR Part 3).
12.12.3 Davis-Bacon Act (40 USC 276a to 276a-7) as supplemented by Department of Labor
regulations (29 CFR Part 5).
12.12.4 Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC
327-330) as supplemented by Department of Labor regulations (29 CFR Part 5).
city of South Miami Multipurpose Center Phase 2
Construction Management Services Agreement
July 2001
Page 16 ofl7
12.12.5 Where applicable, all standards, orders, or requirements issued under Section 306 of
the Clean Air Act (42 USC 1857(h), section 508 of the Clean water Act (33 USC 1368),
Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part
115).
Section 13: Codes, Ordinances And Laws
13.1 The Construction Manager agrees to abide and be governed by all duly promulgated and published
City, County, State and Federal codes, ordinances and laws in effect at the time of design which have a
direct bearing on the Work involved on this project.
Section 14: Entirety Of Agreement
14.1 This writing embodies the entire Agreement and understanding between the parties hereto,
and there are no other Agreements and understandings, oral or written, with reference to the subject
matter hereofthat are not merged herein and superseded hereby.
14.2 No alterations, changes, or modifications of the terms of this Agreement shall be valid unless made
in writing and signed by both parties and incorporated as an Addendum hereto.
Section 15: Severability
15.1 If any provisions of this Agreement are found to be void and unenforceable by a court of
competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding
upon the parties with the same effect as though the void or unenforceable provisions had been
severed and deleted.
IN WITNESS WHEREOF, this Agreement is accepted on the date first written above, subject to
the terms and conditions set forth herein.
Authority of Resolution No. t 0/-() (~ I { ~ If ~
duly passed and adopted by the South
Miami City Commission on July 24, 2001
ATTEST:
;(~Ja;L
Ronetta Taylor, -ci~cl~k
CITY OF SOUTII MIAMI
BY:~C
Charles D. Scurr, City Manager
city of South Miami Multipurpose Center Phase 2
Construction Management Services Agreement
July 2001
Page 17 of 17
ATTEST:
STATE OF FLORIDA )
COUNTY OF MIAMI DADE)
CONSTRUCTION MANAGER:
SS. Acknowledgment of City of South Miami
~ }l The foregoing instrument was acknowledged before me this~ day of U \ib ,2001 by
Charles D. Scurr, and Ronetta Taylor, City Manager and City Clerk respectively, of the TY OF SOUIH
MIAMI, on behalf of the CITY, who are personally known to me.
My Commission Expires: '!:> I \~ \ C)3
STATE OF FLORIDA )
COUNTY OF MIAMI DADE)
,'" ~ Nt<enga Payne :~ *My C.mmission CCI6S318
... ~.; Expires August 11, 2003 -',.,,,.-
SS. Acknowledgment ofthe Construction Manager
The foregoing instrument was acknowledged before me this Ie., day of ~ ,2001, by
.\7Le.d ~ef\(,,"e S _of \)v()~ L ~L ,on behalf of the Corporation. He/she is personally knQwn~o me or has produced
___ (type of information), as identification.'-.
,,'-;;'~"""" EMIUA MAGU /~ •• ~\ MY COMMISSION # CC 875849
My Commission Expires:
EXPIRES: January 31, 2004
Bonded 'Tl1ru Notarv PubMc Underw!itel1
P~L/ /G
Notary Public, State Florida
Print ~~e: RYlA • (IA-tAP"( I,'
ComnusslonNo.: U
APPROVED AS TO FORM & CONTENT:
-E-I 6 ~ ~ I;,.a.
Earl Gallop, Esq.,
City Attorney