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NOTICE FOR CONST MGR FOR MULTIPURPOSE CTRv City of South Miami, Florida Notice for Construction Manager City of South Miami announces that construction management services will be required for the construction of a three -story mixed -use parking and retail project. The three -story facility will house approximately 360 spaces and a retail area of 19,000 sqft. The project is located in the heart of an active pedestrian oriented downtown on SW 73rd Street, between SW 58th Avenue and SW 58th Court. The implementation of the project will require extensive planning of construction means and methods that minimizes the disruption to the shoppers and other users of downtown. Only firms with similar experience and with a proven track record of successfully delivering projects on a tight schedule and on a tight budget are encouraged to apply. The contract for construction management services will consist of two phases. Phase one is pre - construction services, for which the construction manager will be paid a fixed fee. Phase one services include value engineering, constructability analyses, development of a cost model, estimating, pre - planning for the construction phase for an uninterrupted flow of construction activities, and the development of a Guaranteed Maximum Price (GMP) at 100% Construction Document phase. If the GMP is accepted, phase two, the construction phase, will be implemented. In phase two of the contract, the construction manager becomes the single point of responsibility for the performance of the construction. The construction manager shall publicly bid all trade contracts. The selection of sub - contractors will be done in concurrence with the owner and to ensure the inclusion of all the bidding requirements for public projects. Firms desiring to provide construction management services for the project must submit a letter of intent and a completed "Construction Manager Qualifications Questionnaire ". There will be a mandatory Pre - submittal Conference at 2:00 pm on May 29, 2002 at the City Commission Chamber, City Hall, 6130 Sunset Drive, South Miami. Failure to attend the conference will disqualify a firm from further consideration. The City is bound by the County Cone of Silence ordinance and other City Ethics ordinances. All questions regarding the project must be made in writing and addressed to Mr. Subrata Basu, Assistant City Manager, City of South Miami, 6130 Sunset Drive, South Miami, Florida 33143/ Fax (305) 666 4591. The Construction Manager Qualifications Questionnaire forms and the Project description may be obtained from the City Clerk's office located at 6130 Sunset Drive, South Miami, Florida 33143 during the hours of 8 A.M. and 5 P.M. Five (5) bound copies of the required information must be submitted at the City Clerk's office, by 5:00 p.m. on Tuesday, June 4, 2002. Any incomplete submittal will be disqualified and will not be considered. Facsimile (FAX) submittals are not acceptable and will not be considered. Ronetta Taylor City Clerk v City of South Miami, Florida Construction Manager Qualifications Questionnaire INSTRUCTIONS TO APPLICANTS City of South Miami announces that construction management services will be required for the construction of a three -story mixed -use parking and retail project. The three -story facility will house approximately 360 spaces and a retail area of 19,000 sqft. The project is located in the heart of an active pedestrian oriented downtown on SW 73rd Street, between SW 58th Avenue and SW 58th Court. The implementation of the project will require extensive planning of construction means and methods that minimizes the disruption to the shoppers and other users of downtown. Only firms with similar experience and with a proven track record of successfully delivering projects on a tight schedule and on a tight budget are encouraged to apply. The contract for construction management services will consist of two phases. Phase one is pre - construction services, for which the construction manager will be paid a fixed fee. Phase one services include value engineering, constructability analyses, development of a cost model, estimating, pre - planning for the construction phase for an uninterrupted flow of construction activities, and the development of a Guaranteed Maximum Price (GMP) at 100% Construction Document phase. If the GMP is accepted, phase two, the construction phase, will be implemented. In phase two of the contract, the construction manager becomes the single point of responsibility for the performance of the construction. The construction manager shall publicly bid all trade contracts. The selection of sub- contractors will be done in concurrence with the owner and to ensure the inclusion of all the bidding requirements for public projects. Selection of finalists for interviews will be made on the basis of construction manager qualifications, including experience and ability; past experience; bonding capacity; record - keeping /administrative ability, critical path scheduling expertise; cost estimating; cost control ability; quality control capability; qualification of the firm's personnel, staff and consultants; and ability to meet the bidding and contract requirements. Finalists will be provided, for reference only, with a copy of the latest documentation prepared by the project architect/engineer. The Selection Committee may reject all proposals and stop the selection process at any time. The construction manager shall have no entrepreneurial or financial affiliation with the architect /engineer team involved with this project. Firms desiring to provide construction management services for the project shall submit a letter of intent and a completed "Construction Manager Qualifications Questionnaire ". Proposals must not exceed 80 pages including letter of intent, brochures, licenses, resumes, supplemental information and the Construction Manager Qualifications Questionnaire. Construction Manager Qualifications Questionnaire Page 2 of 6 Covers, table of contents and divider tabs will not count as pages, provided no additional information is included on those pages. Pages must be numbered consecutively. Submittals, which do not comply with these requirements or do not include the requested data will not be considered. No submittal material will be returned. All applicants must be licensed to practice as general contractors in the State of Florida at the time of application. Corporations must be registered to operate in the State of Florida by the Department of State, Division of Corporations, at the time of application. Only individual firms or formal joint ventures may apply. Two firms may not apply jointly unless they have formed a joint venture. (See Question 15.) Any associations will be disqualified. (This does not preclude an applicant from having consultants.) Pursuant to Section 287.133, Florida Statutes, a construction management firm may not submit a proposal for this project if on the convicted vendor list for a public entity crime and further, the submitting firm may not transact business, within the limits as specified in FS 287.133, with an entity has been placed on the convicted vendor list for this project. The selected construction management firm must warrant that it will neither utilize the services of, nor contract with, any supplier, subcontractor, or consultant in connection with this project who are on the convicted vendor list. There will be a mandatory Pre - submittal Conference at 2:00 pm on May 29, 2002 at the City Commission Chamber, City Hall, 6130 Sunset Drive, South Miami. Failure to attend the conference will disqualify a firm from further consideration. The City is bound by Miami Dade County Cone of Silence ordinance and other City Ethics ordinances. All questions regarding the project must be made in writing and addressed to Mr. Subrata Basu, Assistant City Manager, City of South Miami, 6130 Sunset Drive, South Miami, Florida 33143/ Fax (305) 666 4591. Questions received in writing and at the Pre - submittal Conference will be responded to in writing to all firms and persons who attend the Pre- selection Conference. Questions received after close of business on May 29, 2002 will not be responded to. The Construction Manager Qualifications Questionnaire forms and the Project Description may be obtained from the City Clerk's office located at 6130 Sunset Drive, South Miami, Florida 33143 during the hours of 8 A.M. and 5 P.M. Five (5) bound copies of the required information must be submitted at the City Clerk's office, by 5:00 p.m. on Wednesday, June 4, 2002. Any incomplete submittal will be disqualified and will not be considered. Facsimile (FAX) submittals are not acceptable and will not be considered. Construction Manager Qualifications Questionnaire Page 3 of 6 1 Project name: SW 73rd Street Mixed Use Parking and Retail project 2 Firm name: Address of proposed office in charge: Telephone number: Fed. I.D. No.: Fla. Corporate Charter No.: (Attach proof of authorization to transact business in the State from the Florida Secretary of State) 3 For how many years has your firm been providing construction management services? General Contracting? (Attach copies of the current Florida Contractor's License) 4 Attach a letter of intent from a surety company indicating the applicant's bondability for this project. The surety shall acknowledge that the firm may be bonded for each phase of the project, with a potential maximum construction cost of $7,000,000. The surety company must be licensed to do business in the State of Florida, must have a Best Rating of "AA" or better. 5 Applicant's experience /references: a. List ten projects for which your firm has provided/or is providing construction management services which are most related to this project. In determining which projects are most related, consider: related size and complexity; how many members of the proposed team worked on the listed project; and, how recently the project was completed. List the projects in priority order, with the most related project listed first. b. For each of the listed projects, provide the following information: construction cost (original GMP and final construction cost), current phase of development, estimated (or past) completion date, type of construction services provided (CM at risk with GMP, CM- agency, design/build, general contractor -low bid, negotiated general contract, subcontractor to prime), Owner's contact person and telephone number, and the name and telephone number of the project architect. Construction Manager Qualifications Questionnaire Page 4 of 6 6 Applicant's personnel: a. List total number of firm's personnel, for the applicant office location, by skill group (e.g. project managers, estimators, project engineers, superintendents, etc.) b. Name all key personnel, which will be part of the construction management team for this project and provide their cities of residence. Describe in detail the experience and expertise of each team member. (Note: Key personnel must be committed to this project for its duration unless excused by the Owner.) c. For each project listed in response to Question No. 5, list the members of the proposed team for this project who worked on each listed project and describe their roles in those projects. (This response may be included with the response to Question No. 5.) d. If the team as a whole provided construction management services for any of the projects listed in response to Question No. 5, so indicate. 7 Applicant's consultants: Name any consultants which are included as part of the proposed team. Describe each consultant's proposed role in the project and its related experience. List projects on which your firm has worked with the consultant. 8 For three of the projects listed in response to Question No. 5, describe conflicts or potential conflicts with the Owner or with trade contractors, and describe the methods used to prevent and/or resolve those conflicts. 9 Describe the types of records, reports, monitoring systems, and information management systems, which your firm used in the management of those projects. Describe how you used these systems for three of the projects. Describe how you used these systems for three of the projects listed in response to Question No. 5. 10 Describe your cost control methods for the pre - construction and construction phases. How do you develop cost estimates and how often are they updated? For three of the projects listed in response to Question No. 5, provide examples of how these techniques were used and what degree of accuracy was achieved. Include examples of successful value engineering to maintain project budgets without sacrificing quality. 11 Describe the way your firm maintains quality control during the pre - construction and construction phases. For three of the projects listed in response to Question No. 5, provide specific examples of how these techniques were used. 12 Describe the way in which your firm develops and maintains project schedules. How often do you update schedules? For three of the projects listed in response to Question No. 5, provide examples of how these techniques were used. Include specific examples of scheduling challenges, and how your firm helped solve them. Construction Manager Qualifications Questionnaire Page 5 of 6 13 Describe how your firm assist minority /women owned business enterprises and involves them in projects. For three of the projects listed in response to Question No. 5, describe your approach to MBE participation and what percentage of MBE participation was achieved? How would you involve the local labor pool. 14 Is the applicant a joint venture? Yes No If so, describe the division of responsibilities between the participating firms, the offices (location) that will be the primary participants, and the percent interest of each firm. Also, duplicate the signature block and have a principal or officer sign on behalf of each party to the joint venture. Attach a copy of your joint venture agreement to each copy of the submittal. (The joint venture agreement should be numbered within the 80 -page submittal.) 15 Do you make the following acknowledgments /certifications? If so, sign on the line provided below and have your signature notarized. a. Regarding information furnished by the applicant herewith, and as may be provided subsequently (including information presented at interview, if a finalist): I) All information of a factual nature is certified to be true and accurate. II) All statements of intent or proposed future action (including the assignment of personnel and the provision of services) are commitments that will be honored by the applicant if awarded the contract. b. It is acknowledged that: I) If any information provided by the applicant is found to be, in the opinion of the Selection Committee, substantially unreliable, this application may be rejected. II) The Selection Committee may reject all applicants and may stop the selection process at any time. III) The selection of finalists for interview will be made on the basis of information provided herein. The interviewed firms will be ranked based on their interviews and the results of the reference checks. IV) This submittal must be received at the City Clerk's office located at 6130 Sunset Drive, South Miami, Florida 33143 no later than 5:00 P.M., on June 4, 2002. Facsimile (FAX) submittals are not acceptable and will not be considered. V) All questions, information and material submitted to the City become public documents and are open for public viewing. Construction Manager Qualifications Questionnaire Page 6 of 6 VI) The applicants are not compensated for the time and material needed to respond to this questionnaire. c. The undersigned certifies that he /she is a principal or officer of the firm applying for consideration and is authorized to make the above acknowledgments and certifications for and on behalf of the applicant. d. The undersigned certifies that the Applicant has not been convicted of a public entity crime, as set forth in Section 287.133, Florida Statutes. e. Failure to sign this form will result in disqualification. For and on behalf of the Applicant: (type name & title) Sworn to and subscribed before me this day of Notary Public, State of Florida My commission expires: Personally Known Or produced identification Type of identification 2001. v City of South Miami, Florida Notice for Construction Manager City of South Miami announces that construction management services will be required for phase two of the City's Multipurpose Center, located in Murray Park. The Multipurpose Center, approximately a 22,000 sqft. facility, will generally house a gymnasium, class rooms, arts and crafts workshops, administrative offices, multipurpose room and other ancillary spaces. The construction budget is set at $3,000,000. Only firms with similar experience and a proven track record of successfully delivering projects on time and on budget are encouraged to apply. The contract for construction management services will consist of two phases. Phase one is pre - construction services, for which the construction manager will be paid a fixed fee. Phase one services include value engineering, constructability analyses, development of a cost model, estimating, and the development of a Guaranteed Maximum Price (GMP) at 75% Construction Document phase. If the GMP is accepted, phase two, the construction phase, will be implemented. In phase two of the contract, the construction manager becomes the single point of responsibility for performance of the construction of the project and shall publicly bid trade contracts, ensuring the inclusion of all the bidding requirements of Miami Dade County Office of Community and Economic Development (OCED). Firms desiring to provide construction management services for the project must submit a letter of intent and a completed "Construction Manager Qualifications Questionnaire ". There will be a mandatory Pre - submittal Conference at 10:00 am on April 25 at the City Commission Chamber, City Hall, 6130 Sunset Drive, South Miami. Failure to attend the conference will disqualify a firm from further consideration. The City is bound by the County Cone of Silence ordinance and other City Ethics ordinances. All questions regarding the. project must be made in writing and addressed to Mr. Subrata Basu, Assistant City Manager, City of South Miami, 6130 Sunset Drive, South Miami, Florida 33143/ Fax (305) 666 4591. The Construction Manager Qualifications Questionnaire forms, the Project Program and OCED requirements for the potential future bidders may be obtained from the City Clerk's office located at 6130 Sunset Drive, South Miami, Florida 33143 during the hours of 8 A.M. and 5 P.M. Five (5) bound copies of the required information must be submitted at the City Clerk's office, by 5:00 p.m. on Friday, May 11, 2001. Any incomplete submittal will be disqualified and will not be considered. Facsimile (FAX) submittals are not acceptable and will not be considered. Ronetta Taylor City Clerk K \Subrata Basu \Recreation Center\Construction Manager\Advertisement.doc I{ City of South Miami, Florida Construction Manager Qualifications Questionnaire INSTRUCTIONS TO APPLICANTS City of South Miami announces that construction management services will be required for phase two of the City's Multipurpose Center, located in Murray Park. The Multipurpose Center, approximately a 22,000 sqft. facility, will generally house a gymnasium, class rooms, arts and crafts workshops, administrative offices, multipurpose room and other ancillary spaces. The construction budget is set at $3,000,000. Only firms with similar experience and a proven track record of successfully delivering projects on time and on budget are encouraged to apply. The contract for construction management services will consist of two phases. Phase one is pre - construction services, for which the construction manager will be paid a fixed fee. Phase one services include value engineering, constructability analyses, development of a cost model, estimating, and the development of a Guaranteed Maximum Price (GMP) at 75% Construction Document phase. If the GMP is accepted, phase two, the construction phase, will be implemented. In phase two of the contract, the construction manager becomes the single point of responsibility for performance of the construction of the project and shall publicly bid trade contracts. The Construction Manager will ensure the inclusion of minority /women owned business as well as all the requirements of Miami Dade County Office of Community and Economic Development (OCED). Failure to negotiate an acceptable fixed fee for phase one of the contract, or to arrive at an acceptable GMP within the time provided in the agreement may result in the termination of the construction manager's contract. Selection of finalists for interviews will be made on the basis of construction manager qualifications, including experience and ability; past experience; bonding capacity; record -, keeping /administrative ability, critical path scheduling expertise; cost estimating; cost control ability; quality control capability; qualification of the firm's personnel, staff and consultants; and ability to meet the bidding and contract requirements of OCED. Finalists will be provided with a copy of the building program and the latest documentation prepared by the project architect /engineer. The Selection Committee may reject all proposals and stop the selection process at any time. The construction manager shall have no ownership, entrepreneurial or financial affiliation with the selected architect /engineer involved with this project. Firms desiring to provide construction management services for the project shall submit a letter of intent and a completed "Construction Manager Qualifications Questionnaire ". Proposals must not exceed 80 pages (counting both sides) including letter of intent, Construction Manager Qualifications Questionnaire Page 2 of 6 brochures, licenses, resumes, supplemental information and the Construction Manager Qualifications Questionnaire. Covers, table of contents and divider tabs will not count as pages, provided no additional information is included on those pages. Pages must be numbered consecutively. Submittals, which do not comply with these requirements or do not include the requested data will not be considered. No submittal material will be returned. All applicants must be licensed to practice as general contractors in the State of Florida at the time of application. Corporations must be registered to operate in the State of Florida by the Department of State, Division of Corporations, at the time of application. Only individual firms or formal joint ventures may apply. Two firms may not apply jointly unless they have formed a joint venture. (See Question 15.) Any associations will be disqualified. (This does not preclude an applicant from having consultants.) Pursuant to Section 287.133, Florida Statutes, a construction management firm may not submit a proposal for this project if on the convicted vendor list for a public entity crime and further, the submitting firm may not transact business, within the limits as specified in FS 287.133, with an entity has been placed on the convicted vendor list for this project. The selected construction management firm must warrant that it will neither utilize the services of, nor contract with, any supplier, subcontractor, or consultant in connection with this project who are on the convicted vendor list. There will be a mandatory Pre - submittal Conference at 10:00 am on April 25 at the City Commission Chamber, City Hall, 6130 Sunset Drive, South Miami. Failure to attend the conference will disqualify a firm from further consideration. The City is bound by Miami Dade County Cone of Silence ordinance and other City Ethics ordinances. All questions regarding the project must be made in writing and addressed to Mr. Subrata Basu, Assistant City Manager, City of South Miami, 6130 Sunset Drive, South Miami, Florida 33143/ Fax (305) 666 4591. Questions received in writing and at the Pre - submittal Conference will be responded to in writing to all firms and persons who attend the Pre- selection Conference. Questions received after close of business on April 30, 2001 will not be responded to. The Construction Manager Qualifications Questionnaire forms, the Project Program and OCED requirements for the potential future bidders may be obtained from the City Clerk's office located at 6130 Sunset Drive, South Miami, Florida 33143 during the hours of 8 A.M. and 5 P.M. Five (5) bound copies of the required information must be submitted at the City Clerk's office, by 5:00 p.m. on Friday, May 11, 2001. Any incomplete submittal will be disqualified and will not be considered. Facsimile (FAX) submittals are not acceptable and will not be considered. Construction Manager Qualifications Questionnaire Page 3 of 6 1 Project name: Multipurpose Center Phase II 2 Firm name: Address of proposed office in charge: Telephone number: Fla. Corporate Charter No.: Fed. I.D. No.: (Attach proof of authorization to transact business in the State from the Florida Secretary of State) 3 For how many years has your firm been providing construction management services? General Contracting? (Attach copies of the current Florida Contractor's License) 4 Attach a letter of intent from a surety company indicating the applicant's bondability for this project. The surety shall acknowledge that the firm may be bonded for each phase of the project, with a potential maximum construction cost of $3,500,000. The surety company must be licensed to do business in the State of Florida, must have a Best Rating of "AA" or better. 5 Applicant's experience /references: a. List ten projects for which your firm has provided /or is providing construction management services which are most related to this project. In determining which projects are most related, consider: related size and complexity; how many members of the proposed team worked on the listed project; and, how recently the project was completed. List the projects in priority order, with the most related project listed first. b. For each of the listed projects, provide the following information: construction cost (original GMP and final construction cost), current phase of development, estimated (or past) completion date, type of construction services provided (CM at risk with GMP, CM- agency, design/build, general contractor -low bid, negotiated general contract, subcontractor to prime), Owner's contact person and telephone number, and the name and telephone number of the project architect. Construction Manager Qualifications Questionnaire Page 4 of 6 6 Applicant's personnel: a. List total number of firm's personnel, for the applicant office location, by skill group (e.g. project managers, estimators, project engineers, superintendents, etc.) b. Name all key personnel, which will be part of the construction management team for this project and provide their cities of residence. Describe in detail the experience and expertise of each team member. (Note: Key personnel must be committed to this project for its duration unless excused by the Owner.) c. For each project listed in response to Question No. 5, list the members of the proposed team for this project who worked on each listed project and describe their roles in those projects. (This response may be included with the response to Question No. 5.) d. If the team as a whole provided construction management services for any of the projects listed in response to Question No. 5, so indicate. 7 Applicant's consultants: Name any consultants which are included as part of the proposed team. Describe each consultant's proposed role in the project and its related experience. List projects on which your firm has worked with the consultant. 8 For three of the projects listed in response to Question No. 5, describe conflicts or potential conflicts with the Owner or with trade contractors, and describe the methods used to prevent and/or resolve those conflicts. 9 Describe the types of records, reports, monitoring systems, and information management systems, which your firm used in the management of those projects. Describe how you used these systems for three of the projects. Describe how you used these systems for three of the projects listed in response to Question No. 5. 10 Describe your cost control methods for the pre - construction and construction phases. How do you develop cost estimates and how often are they updated? For three of the projects listed in response to Question No. 5, provide examples of how these techniques were used and what degree of accuracy was achieved. Include examples of successful value engineering to maintain project budgets without sacrificing quality. 11 Describe the way your firm maintains quality control during the pre - construction and construction phases. For three of the projects listed in response to Question No. 5, provide specific examples of how these techniques were used. 12 Describe the way in which your firm develops and maintains project schedules. How often do you update schedules? For three of the projects listed in response to Question No. 5, provide examples of how these techniques were used. Include specific examples of scheduling challenges, and how your firm helped solve them. Construction Manager Qualifications Questionnaire Page 5 of 6 13 Describe how your firm assist minority /women owned business enterprises and involves them in projects. For three of the projects listed in response to Question No. 5, describe your approach to MBE participation and what percentage of MBE participation was achieved? How would you involve the local labor pool. 14 Has your firm worked on projects funded through Community Development Block Grant? If so, please list and identify them in the project lists in Question # 5. 15 Is the applicant a joint venture? Yes No If so, describe the division of responsibilities between the participating firms, the offices (location) that will be the primary participants, and the percent interest of each firm. Also, duplicate the signature block and have a principal or officer sign on behalf of each party to the joint venture. Attach a copy of your joint venture agreement to each copy of the submittal. (The joint venture agreement should be numbered within the 80 -page submittal.) 16 Do you make the following acknowledgments /certifications? If so, sign on the line provided below and have your signature notarized. a. Regarding information furnished by the applicant herewith, and as may be provided subsequently (including information presented at interview, if a finalist): I) All information of a factual nature is certified to be true and accurate. II) All statements of intent or proposed future action (including the assignment of personnel and the provision of services) are commitments that will be honored by the applicant if awarded the contract. b. It is acknowledged that: I) If any information provided by the applicant is found to be, in the opinion of the Selection Committee, substantially unreliable, this application maybe rejected. II) The Selection Committee may reject all applicants and may stop the selection process at any time. III) The selection of finalists for interview will be made on the basis of information provided herein. The interviewed firms will be ranked based on their interviews and the results of the reference checks. IV) This submittal must be received at the City Clerk's office located at 6130 Sunset Drive, South Miami, Florida 33143 no later than 5:00 P.M., on May 11, 2001. Facsimile (FAX) submittals are not acceptable and will not be considered. Construction Manager Qualifications Questionnaire Page 6 of 6 V) All questions, information and material submitted to the City become public documents and are open for public viewing. VI) The applicants are not compensated for the time and material needed to respond to this questionnaire. c. The undersigned certifies that he /she is a principal or officer of the firm applying for consideration and is authorized to make the above acknowledgments and certifications for and on behalf of the applicant. d. The undersigned certifies that the Applicant has not been convicted of a public entity crime, as set forth in Section 287.133, Florida Statutes. e. Failure to sign this form will result in disqualification. For and on behalf of the Applicant: 0 (type name & title) Sworn to and subscribed before me this day of Notary Public, State of Florida My commission expires: Personally Known Or produced identification Type of identification KASubrata Basu \Recreation center \Construction Manager @ Risk \Construction Mgr Qualifications Questionnaire.doc 2001. Construction Manager at Risk (CM) Outline of the Selection Process March 2001 Summary of Construction Management Approach: The CM should be appointed during the schematic design phase of the project and made an integral part of the design team. Contracts for the CM services consist of two phases. The first phase of the contract 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. Pre - construction services shall include value engineering, scheduling, constructability analyses, etc., and the development of a Guaranteed Maximum Price (GMP). If the GMP is accepted, the second phase (the construction phase) is implemented. During the construction phase the CM ceases to be the agent of the City, becomes the single point of responsibility for performance of construction contract for the project, and functions in the role of an independent contractor, publicly bidding trade contracts. The following are the basic steps to be followed to select a CM: • Place legal advertisement. • Distribute to respondents "Construction Manager Qualification Questionnaire ". • Appoint a Certification and Selection Committee. • Develop selection criteria and assign weights, establish criteria for interview questions. • Receive submittals. • Review all submittals for completeness. • Develop the short list based on the selection criteria and their assigned weight. • Conduct videotaped interviews of the short listed applicants. • Recommend to the City Commission a minimum of three applicants in order of preference. • City Commission approves the final ranking and authorizes the Administration to start negotiating a contract. • Start negotiation with the first ranked applicant and follow the requirement of the applicable statutes. • Request City Commission approval of the negotiated agreement. • Execute the agreement. v v City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement THIS AGREEMENT made and entered into this day of , 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 Architect/Engineer ( "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 Architect /Engineer 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 Architect /Engineer 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 of the 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 preconstruction phase services and construction phase services. City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 2 of 17 2.1 The Preconstruction Phase: The preconstruction services shall commence at the issuance of the "Notice to Proceed ". The Construction Manager shall: 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 of the 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 economies. 2.1.4 Provide for the Architect/Engineer's and the City's review and acceptance, a Project Schedule that coordinates and integrates the Construction Manager's services, the Architect/Engineer'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 Architect /Engineer; update and refine this estimate periodically as the Architect /Engineer prepares Construction Documents; advise the City and the Architect/Engineer if it 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 Architect /Engineer 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 Architect/Engineer in preparing comparative life cycle analysis of ownership, operating, and maintenance costs for design alternatives prepared by the Architect /Engineer. 2.1.6(l) Advise on the separation of the Project into contracts for various categories of Work. If separate contracts are to be awarded by the City, review the Drawings and Specifications and City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 3 of 17 make recommendations as required to provide that; (1) the Work of the separate contractors is coordinated with that of the Trade Contractors; (2) all requirements for the Project have been assigned to the 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 Architect/Engineer; expedite and coordinate delivery of these purchases. 2.1.7 Provide an analysis of the types and quantities of labor 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 Architect /Engineer, develop Guaranteed Maximum Price ( "GMP ") proposal(s), including Project Construction Schedule, itemized by Trade Contract, for phases of Work as required by the City. If the documents as prepared by the Architect/Engineer 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. 2.1.10(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. City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 4 of 17 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 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 of the " 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 Architect/Engineer 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 Architect /Engineer 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 of fully 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 of 17 2.2.4 Manage, schedule and coordinate the Work, including the Work of the Trade Contractors, and coordinate the Work with the activities and responsibilities of the City, Architect /Engineer 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 Architect /Engineer, 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 Architect /Engineer over acceptability of Work and conformance with the requirements of the specifications and plans, the City shall be the final judge 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 any on -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, Architect/Engineer, 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 Architect/Engineer, 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 City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 6 of 17 information as necessary; provide prior notice to City and Architect/Engineer of all such meetings, and prepare and distribute minutes; and attend monthly -Team meetings scheduled by the Architect/Engineer. 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 Architect/Engineer, take necessary corrective actions when requirements of a 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 Architect /Engineer 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 of four (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 Architect /Engineer, review requests for changes and submit recommendations to the City and Architect /Engineer. City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 7 of 17 2.2.13.1 When requested by the City or Architect /Engineer, promptly prepare and submit estimates of probable cost for changes proposed in the Work including similar estimates from the Trade 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 staff member 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 Architect /Engineer 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 Architect/Engineer; 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 of 17 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 Architect/Engineer, 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 of his/her designee. 4.2 The City may retain a threshold inspector, if required. 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 City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 9 of 17 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 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 Architect/Engineer. 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 of the 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 of the 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 of 17 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 $ 3,372.00 100% Design Development $ 8,501.00 35% Construction Documents $ 7,960.00 75% Construction Documents with GMP $ 8,456.00 Construction Manager Fee $ 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 described 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 of the 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 Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 11 of 17 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 of the Work. At the City's sole discretion, the City may make payment for materials, supplies and/or equipment stored off -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 of 17 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 Architect /Engineer, 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 of the 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 of temporary 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 of 17 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 of lubrication, 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 in cases of emergency endangering life or property, the Construction Manager shall allow no Changes in the Work without the prior written approval of the City. City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 14 of 17 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 of its 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. City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 15 of 17 The Construction Manager further warrants that it will neither utilize the services of, nor contract with, any supplier, subcontractor, or consultant in excess of $10,000.00 in connection with this Project for a period of 36 months from the date of their 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 of this 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 of 17 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 hereof that 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. CITY OF SOUTH MIAMI Authority of Resolution No. duly passed and adopted by the South Miami City Commission on July 24, 2001 ATTEST: By: Charles D. Scurr, City Manager Ronetta Taylor, City Clerk 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: LI-A SS. Acknowledgment of City of South Miami The foregoing instrument was acknowledged before me this day of , 2001 by Charles D. Scurr, and Ronetta Taylor, City Manager and City Clerk respectively, of the CITY OF SOUTH MIAMI, on behalf of the CITY, who are personally known to me. Notary Public, State of Florida Print Name: Commission No.: My Commission Expires: STATE OF FLORIDA ) SS. Acknowledgment of the Construction Manager COUNTY OF MIAMI DADE ) The foregoing instrument was acknowledged before me this day of 12001, by of , on behalf of the Corporation. He /she is personally known to me or has produced (type of information), as identification. My Commission Expires: Notary Public, State of Florida Print Name: Commission No.: APPROVED AS TO FORM & CONTENT: Earl Gallop, Esq., City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 18 of 17 City Attorney City of South Miami, Florida Notice for Professional Services Pursuant to Chapter 287.055, Florida Statutes, the City of South Miami will retain a team of consultants to provide professional Architectural/ Engineering and Construction Administration services for phase two of the City's Recreational Center, located in Murray Park. The Recreational Center, approximately a 30,000 sqft. facility, will generally house a gymnasium, class rooms, arts and crafts workshops, administrative offices, multipurpose room and other ancillary spaces. In order to fulfill such needs and to meet the requirements for specialized services, the City intends to retain the services of a qualified architectural /engineering firm for developing limited programming; preparing design, construction and other necessary contract documents; and providing construction administration. Only firms with similar experience and a proven track record of successfully delivering projects on time and on budget are encouraged to apply. To be eligible for selection consideration, interested consultants must submit one (1) original and four (4) copies of the following information: 1) Name of firm(s), specify as to type of contractual agreement between firms, and certificate(s) of authorization to offer professional services through the Florida Department of Professional Regulations, as applicable, from prime as well as supporting firms. 2) Proof of authorization to transact business in the State from the Florida Secretary of State, from prime as well as supporting firms. 3) Proposed organization chart identifying key professionals and their area of responsibilities. 4) Appropriate current Federal 254 and 255 forms showing the firm's data and supporting the firm's ability to perform each category of work required. 5) List of recent client references with contact names and telephone numbers. 6) Poof of compliance with Federal Davis -Bacon wage requirements and HUD 24 CFR Part 135 and Sub parts A -E, Economic Opportunities for Low and Very Low Income Persons ( copy may be obtained from City of South Miami ). The deadline for submissions is October 25, 1999, at 5:00 p.m. Firms must submit the aforementioned information to Office of the City Clerk, City of South Miami, 6130 Sunset Drive, South Miami, Florida 33143. For further information, interested parties may contact Mr. Subrata Basu, AIA, AICP, Assistant City Manager at 305.663.6344. Please be advised that the City of South Miami complies with Miami -Dade County's Cone of Silence ordinance. Requests for information must be made in writing. Ronetta Taylor, CMC City Clerk CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Ronetta Taylor Date: September 16, 1999 City Clerk From: Subrata Basu Re: Legal Notice for Professional Services/ A.C.M./ Planning Director Recreation Center Please have the attached legal notice publish in the Miami Daily Business Review, Monday, September 20,1999. Thank you. Encl. C: City Manager v City of South Miami Multipurpose Center Phase 2 Professional Service Agreement THIS AGREEMENT made and entered into this day of . , 2000, by and between the CITY OF South Miami, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and M. C. Harry Associates, Inc., a Florida Corporation hereinafter referred to as the "CONSULTANT ". In consideration of the premises and the mutual covenants herein contained, the CITY agrees to employ the CONSULTANT and the CONSULTANT agrees to perform all professional architectural engineering services in connection with the WORK, as described herein, for a lump -sum fee upon the following terms and conditions; namely: SECTION 1 - GENERAL PROVISIONS: 1.1 The CONSULTANT accepts the relationship of trust and confidence established between the CONSULTANT and the CITY by this Agreement. The CONSULTANT covenants with the CITY to furnish his best skill and judgement and to cooperate with the Construction Manager and all other parties involved in furthering the interest of the CITY. The CONSULTANT agrees to provide the necessary leadership and to use his best efforts to complete the project in the best and soundest way and in the most expeditious and economical manner consistent with the interest of the CITY. 1.2 The CITY will enter into an agreement with a Construction Management firm to construct this project under the Principles of Construction Manager (C.M.) at Risk. The C.M. will provide a Guaranteed Maximum Price (GMP) based on the 100% Design Development documents. GMP shall be consistent with the City's construction budget, as indicated in Section 3 of this agreement, any budget modifications agreed upon by the CITY, CONSULTANT and C.M., during the development of the documents. 1.3 The Construction Team - the City, the Consultant and the Construction Manager, shall work from the beginning of planning through final construction completion and should be available thereafter should additional services be required. 1.4 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to discuss the scope of the WORK, the time needed to complete the WORK and the fee for the services to be rendered in connection with the WORK. 1:5 The CITY agrees that it will make available to the CONSULTANT plans and other data in the CITY files pertaining to the WORK to be performed under this agreement promptly. 1.6 The CONSULTANT agrees to produce and distribute minutes, promptly within ten calendar days after each meeting at which their presence is requested /required. 1.7 The CITY agrees to designate a representative who shall examine the documents submitted by the CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the CONSULTANT's services. The CONSULTANT shall keep the CITY's representative advised on the project status at all times. 1.8 The CITY agrees to issue all directives and approval in writing. SECTION 2 — SCOPE OF SERVICES 2.1 The attached program of areas (exhibit A) will form the basis of the Scope of Services. 2.2 The scope of work can generally be divided in the following phases: A. Pre - design analysis including limited programming, Master Planning of the whole site (including off site facilities presently utilized, fields, existing Phase 1 building under construction) and community outreach effort. B. Complete design services and preparation of construction documents for the Phase 2 of the Multipurpose Center, a project limited to approximately $3 million in construction cost. C. Advising and counseling the City on the best project delivery method and the subsequent Construction Administration. D. Post Construction Administration. 2.2.1 Pre - design Analvsis: a) The CONSULTANT shall compile and review all available relevant data pertaining to the project. These are, but not limited to, building space program, programming for the field, community issues, available project budget and the anticipated time frame. b) The CONSULTANT shall consult with the CITY and ascertain the validity of information collected under Section 2.2.1(a) and suggest necessary adjustments as necessary to the CITY. c) The CONSULTANT shall confer with representatives of the CITY and the using agency to determine the full scope of the WORK that will meet the program requirements within the allocated funds. d) The CONSULTANT shall hold at least two public meetings to receive public input during the pre- design phase. e) Based on the best available information the CONSULTANT shall proceed to develop a Master Plan for the total site including off -site facility, currently under use. The purpose of the Master Plan is to develop a long term vision for the Murray Park facility that optimizes the available facilities and resources. The CONSULTANT shall make necessary presentations to the City's Cultural and Recreation Advisory Board to receive the Board's input and a presentation of the results to the City Commission. f) Based on the comments received the CONSULTANT shall prepare a Master Plan and Predesign Analysis Report. The report shall comprise generally the following: ■ A Master Plan showing the total long -term development plan of the Murray Park facilities. • A building program and the utilization program for the field. • A phasing plan and a possible timetable for development. ■ Estimated project cost by major components or phasing. g) The CONSULTANT shall submit and present one (1) original ready for duplication and twenty five (25) copies- of all documents required under this phase, without additional charge, for approval by the CITY and the CONSULTANT shall 3 not proceed with the next phase until directed by the CITY. 2.2.2 Schematic Design: A. Based on the approved Master Plan and Predesign Analysis Report the CONSULTANT shall prepare a schematic design for the Secondr�-Ph-ase�&f the Recre'atidri "Center, including but not limited to related site planning, access analysis, parking, secure drop off and pickup areas, site lighting etc. to achieve a solution acceptable to the CITY. B. The CONSULTANT shall use proper and adequate design control to assure the CITY that the WORK may be constructed within the allocated funds. C. The CONSULTANT shall prepare a Schematic Design Report, comprising the WORK Timetable (Master Schedule) Planning Summary (if applicable), Schematic Design Studies (if applicable) as defined below, and the Statement of Probable Construction Cost. D. The Proposed WORK Timetable shall consist of a schedule showing the proposed completion date of the WORK through design, construction and occupancy. E. The Planning Summary shall consist of a vicinity plan and blow -up of the Site (if applicable) showing orientation, and a brief summary of all pertinent planning criteria used for the WORK. F. The Schematic Design Studies shall consist of all plans, elevations, sections, etc. as required to show the scale and relationship of the parts and the Design Concept of the whole. A simple perspective sketch, model or photograph thereof may be provided to further show the Design Concept. G. The CONSULTANT shall present the Schematic Design Studies to the Citizen Advisory Boards (such as Environmental Review Board, Cultural and Recreational Board etc.), as appropriate, for their approval when the WORK requires such approval. H. The CONSULTANT shall present the Schematic Design studies to all the appropriate utility companies (such as FPL, Southern Bell, Dynamic Cable, MDWASD, DERM etc.) to determine any potential conflict with their utilities or to identify any other critical issues that may impact the design, budget and construction of the WORK. il I. The Statement of Probable Construction Cost shall include estimated cost of the WORK including fixed equipment, furnishings, professional fees, contingencies (if any), escalation factors adjusted to the estimated bid date and utility service extensions (if any). J. The CONSULTANT shall submit and present four (4) copies of all documents required under this phase, without additional charge, for approval by the CITY and the CONSULTANT shall not proceed until directed by the CITY. K. The CONSULTANT shall during this phase prepare necessary documents and help the CITY in the selection of a Construction Management firm 2.2.3 Design Development: A. From the approved Schematic Design documents, the CONSULTANT shall prepare Design Development Documents, comprising the drawings, outline specifications and other documents to fix and describe the size and character of the entire WORK as to construction and finish materials and other items incidental thereto as may be appropriate and applicable. B. The Design Development Documents shall comprise an updated Timetable of WORK, Outline Specifications, Updated Statement of Probable Construction Cost, and Design Development Drawings, etc., as required to clearly delineate the WORK. The data included shall firmly fix the scope of the project, enabling the C.M. to provide the CITY with a GMP for construction. If the Updated Statement of Probable Construction Cost exceeds the allocated funds, appropriate costs or scope reduction options must be included in consultation with the C.M. C. The CONSULTANT shall present the Design Development Studies to the Citizen Advisory Boards (such as Environmental Review Board, Cultural and Recreational Board etc.), as appropriate, for their approval when the WORK requires such approval. D. The CONSULTANT shall submit and present four (4) sets of all documents required under this phase, without additional charge, for approval by the CITY and not proceed with the next Phase until directed by the CITY. 2.2.4 Construction Documents Development: A. From the approved Design Development Documents, the CONSULTANT shall prepare Final Construction Documents 5 setting forth in detail the requirements for the construction of the WORK including the Proposal (Bid) Form and other necessary information for bidders, Conditions of the Contract, including requirements of the Miami Dade Office of Economic Development, and Complete Drawings and Specifications. CONSULTANT shall use Construction Specifications Institute (CSI) Standards and the City of South Miami Standard forms for the preparation of the Proposal (Bid) forms, Instructions to Bidders, Conditions of Contract and Specifications. B. The Contract Documents shall be prepared as one cohesive set of document but could be grouped in Bid Groups or any other groupings as appropriate and as designated by the C.M. with the agreement of the Construction Team. C. The Construction Documents shall be prepared in a manner that will assure clarity of linework, notes, and dimensions, when the documents are reduced to 500 of their size. All drawings shall be on standard size (preferably 24" x 36 ") paper /mylar with the CITY's standard sheet format, unless approved otherwise. D. All final construction documents shall be submitted in both "hard copy" and electronic media in a mutually agreed upon electronic format, but generally as .follows: 1. Non - drawing submittals in Microsoft Office formats. 2. Drawings in AutoCAD format. 3. GIS files should be in ArcView format Version 3.2. E. When the development of the drawings has progressed to at least 50% completion in phase, the CONSULTANT shall submit three (3) copies to the CITY for approval, without additional charge, along with the updated outline specifications. The CONSULTANT shall also submit at this time an updated Statement of Probable Construction Cost as indicated by time factor, changes in requirements, or general market conditions and an updated Project Schedule. F. The CONSULTANT shall not proceed with the further development until approval of the 50% documents is received from the CITY. The CONSULTANT shall make all changes to documents. The 50% complete Check Set shall be returned to the CITY. G. A Notice to Proceed for the completion of this phase will not be issued if the latest Statement of Probable Construction Cost exceeds the total allocated funds, unless the CITY increases the total allocated funds or the CONSULTANT and the CITY agrees on methods of cost 6 reductions sufficient to enable construction within the funds available. H. Upon 100% completion of the Construction Documents, the CONSULTANT shall submit to the CITY a final, updated Statement of Probable Construction Cost along with two (2) copies each of Check Set of drawings, specifications, reports, programs, etc., without additional charge, for a final review and comments or approvals. I. The CONSULTANT shall make all the necessary presentations to the appropriate City, County, State Boards, etc. (such as Board of Architects, Historical Preservation Board etc.) for the final approval. J. The CONSULTANT at no extra cost to the CITY shall make all required changes or additions and resolve all questions resulting from paragraph H if the changes or additions do not alter the scope of the WORK. The 100% complete Check Set shall be returned to the CITY. Upon final approval by the CITY, the CONSULTANT shall furnish two (2) copies of drawings and specifications to the CITY, without additional charge. The CITY shall reimburse the CONSULTANT for the cost of printing additional drawings and specifications for bidding purposes, if authorized. J. The CONSULTANT shall arrange for "dry runs" and /or make final submissions to appropriate authorities as necessary, to ascertain that the Construction Documents meet the necessary requirements to obtain all the necessary permits for construction. 2.2.5 Bidding and Negotiation Phase: A. The CONSULTANT shall assist the C.M. to arrange for pre - bid conferences. B. The CONSULTANT shall attend the prebid conferences and bid openings as necessary. C. Upon obtaining all necessary approvals of the Construction Documents, and approval by the CITY of the latest Statement of Probable Construction Cost, the CONSULTANT shall furnish the drawings and specifications as indicated above for bidding, and assist the C.M. in obtaining and evaluating bids and recommendation to the CITY on awarding of Contracts. 7 D. The CONSULTANT shall evaluate product equals at the request of the C.M. and make a decision on each in a timely manner. 2.2.6 Administration of the Construction under contract to C.M.: A. The Construction Phase will begin with the award of the Construction Contract and will end when the Contractor's final Payment Certificate is approved and paid by the CITY. B. The CONSULTANT, as the representative of the CITY during the Construction Phase, shall advise and consult with the CITY and shall have authority to act on behalf of the CITY to the extent provided in the General Conditions of the Construction Contract as developed by the C.M. with the approval of the CONSULTANT and the CITY. C. The CONSULTANT shall attend pre- construction meetings. D. The CONSULTANT shall at all times have access to the WORK wherever it is in preparation or progress, so he /she may perform as intended under this Agreement. E. The CONSULTANT shall visit the site at least weekly and at all key construction events to ascertain the progress of the WORK and to determine in general if the WORK is proceeding in accordance with the Contract Documents. On the basis of site visits, the CONSULTANT will advise as to the progress of the Work and use reasonable and customary care to guard the CITY against defects and deficiencies in the WORK of the C.M. F. The CONSULTANT shall furnish the CITY with a written report of all observations of the WORK made by him /her during each visit to the WORK. The CONSULTANT shall also note the general status and progress of the WORK, and shall submit same in a timely manner. The CONSULTANT shall ascertain at least monthly that the C. M. is making timely, accurate, and complete notations on record drawings. G. Based on site visits and on the Contractor's Payment Request, the CONSULTANT in consultation with the C.M. shall determine the amount due the Contractor on account and he /she shall recommend approval /disapproval of the request. The recommendation of approval of a Payment Request shall constitute a representation by the CONSULTANT to the CITY that, the CONSULTANT certifies to the CITY that the WORK has progressed to the point indicated, and the quality of the WORK is in accordance with the Contract Documents. H. The CONSULTANT shall have affirmative duty to recommend rejection of WORK which does not conform to the Contract Documents. Whenever, in his /her reasonable opinion, he /she considers it necessary or advisable to insure compliance with the Contract Documents, he /she will have authority (with the CITY's prior approval) to recommend special inspections or testing of any WORK deemed not to be in accordance with the Contract whether or not such WORK has been fabricated and delivered to the WORK site, or installed and completed. I. The CONSULTANT shall promptly review and approve shop drawings, samples, and other submissions of the Contractor for conformance with the Design Concept of the WORK and for compliance with the Contract Documents. Changes or substitutions to the Contract Documents shall not be authorized without concurrence with and written approval from the CITY. J. The CONSULTANT shall review and recommend action on proposed Change Orders within the scope of the WORK initiated by others, and initiate proposed Change Orders as required by his /her own observations. K. The CONSULTANT shall examine the WORK upon receipt of the Contractor's Certificate of Substantial Completion of the WORK. A Punch List of any defects and discrepancies in the WORK required to be corrected by the Contractor shall be prepared by the CONSULTANT in conjunction with representatives of the CITY and satisfactory performance obtained thereon before the CONSULTANT recommends execution of Certificate of Final Acceptance and Final Payment to the Contractor. The CONSULTANT shall obtain from the Contractor all warranties, guarantees, operating and maintenance manuals for equipment, releases of lien and such other documents and certificates as may be required by applicable codes, laws, policy regulations and the specifications, and deliver them to the CITY. L. The CONSULTANT shall provide assistance in obtaining C. M.'s compliance with the Contract Documents relative to, 1) initial instruction of CITY personnel in the operation and maintenance of any equipment or system, 2) initial start -up and testing, adjusting and balancing of equipment and systems, and 3) final clean -up of the WORK. M. Should disagreement occur between the CONSULTANT and C.M. over acceptability of work and conformance with the 0 requirements of the specifications and plans, the designated representative of the CITY and the City Manager shall be the final judge. 2.2.7 Post Construction Administration A. The CONSULTANT shall prepare and provide the CITY with a written manual, to be used by the CITY, outlining the implementation plan of all the required maintenance necessary to keep the proposed WORK operational in a safe and effective manner. B. The CONSULTANT shall furnish to the CITY, reproducible record drawings updated based on information furnished by the C.M. Such drawings shall become the property of the CITY and are to be in electronic format as well as in a reproducible medium. C. The CONSULTANT shall perform a walk through six months after the substantial completion of the WORK. The CONSULTANT shall assist the CITY with the administration of guarantee /warranties for correction of defective WORK that may be discovered during the said period. 2.3 Additional Professional Services Additional Services as listed below are normally considered to be beyond the Scope of Services as described in this Agreement. A. Special analysis of the CITY's needs, and special programming requirements for the WORK. B. Financial feasibility, life cycle costing, or other special studies. C. Planning surveys, site evaluations, or comparative studies of prospective sites. D. Design services relative to future facilities, systems and equipment which are not intended to be constructed as part of a specific WORK. E. Services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the CITY. F. Consultation concerning replacement of any WORK damaged by fire or other cause during construction, and furnishing professional services of the type set forth in Basic Services as may be required relative to replacement 10 of such WORK, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. G. Professional services made necessary by the default of the Contractor or by major defects in the WORK under the Construction Contract, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. H. Making major revisions changing the Scope of a WORK, to drawings and specifications when such revisions are inconsistent with written approvals or instruction previously given by the CITY and are due to causes beyond the control of the CONSULTANT. (Major revisions are defined as those changing the Scope and arrangement of spaces and /or scheme or any portion). I. The services of one or more full -time WORK Representative. J. Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceedings or legal proceedings in connection with this WORK. K. Professional services required after approval by the CITY or the Contractor's Requisition for Final Payment, except as otherwise required under Basic Services. L. Preparing supporting data, drawings, and specifications as may be required for Orders affecting the scope of WORK provided the Changes are due to causes found by the CITY, to be beyond the control of the CONSULTANT. SECTION 3 CONSTRUCTION BUDGET: The construction budget is set at $3,000,000. SECTION 4 TIME FOR COMPLETION: The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed from the CITY, subsequent to the execution of this Agreement and shall be completed within the time based on reasonable determination, stated in the said Notice to Proceed. A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the Agreement, change of scope or should any other events beyond the control of the CONSULTANT render performance of his /her duties impossible. 11 00 SECTION 5 BASIS OF COMPENSATION: The CONSULTANT agrees to perform the services as outlined in this agreement for a Lump Sum fee of Three hundred and forty one thousand five hundred and thirty four dollars ($341,534). SECTION 6 PAYMENT AND PARTIAL PAYMENTS: The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month. Such payment shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each phase: 15% upon completion and approval of Pre - design Analysis. 25% upon completion and approval of Schematic Design. 40% upon submittal and approval of Design Development. 75% upon 100% completion and approval of Construction Documents and Bidding. 98% upon completion of the Project and approval of all WORK (Phase V). 100% upon final completion and approval of WORK elements A and B of Post Construction Administration. The CONSULTANT shall be obligated to do a six month walk through as required in 2.2.7(C). The CONSULTANT shall submit an original INVOICE to the CITY representative at City of South Miami, 6130 Sunset Drive, South Miami, Florida 33143. The CITY will consider this the official request for payment. The invoice shall have the following information: 1. The amount of the invoices submitted shall be the amount due for all WORK performed to date as certified by the CONSULTANT. 2. The request for payment shall include the following information: a. Total Contract amount. b. Percent of WORK completed. C. Amount earned. d. Amount previously billed. e. Due this invoice. f. Summary of WORK done this billing period. g. Invoice number and date. 3. Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll data for the WORK reflecting salaries and hourly rates. 12 SECTION 7 RIGHT OF DECISIONS: All services shall be performed by the CONSULTANT to the satisfaction of the CITY designated representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this Agreement. In the event that the CONSULTANT does not concur in the judgment of the CITY designated representative as to any decisions made by him /her, The CONSULTANT shall present his /her written objections to the City Manager and shall abide by the decision of the City Manager. Nothing in this section shall mean to deny the right to arbitrate, by either parties, in accordance with the Industry Arbitration Rules of the American Arbitration Association. SECTION 8 OWNERSHIP OF DOCUMENTS: All reports and reproducible plans, the CONSULTANT for the purpose of this property of the CITY without restriction with the Owners use and occupancy of documents without written agreement from CITY's sole risk and without liability CONSULTANT. and other data developed by Agreement shall become the or limitation in connection the WORK. Reuse of these the CONSULTANT shall be the and legal exposure to the SECTION 9 COURT APPEARANCES, CONFERENCES AND HEARINGS: Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CITY except in consideration of additional compensation, except for any dispute arising out of this contract. The amount of such compensation shall be mutually agreed upon and be subject to a supplemental agreement approved by the CITY and upon receipt of written authorization from the CITY, prior to performance of a court appearance and conference. The CONSULTANT shall confer with the CITY at anytime during construction of the improvement herein contemplated as to interpretation of plans, correction of errors and omissions and preparation of any necessary plan thereof to correct such errors and omissions or clarify without added compensation. SECTION 10 NOTICES: Any notices, reports or other written communications from the CONSULTANT to the CITY shall be considered delivered when delivered by courier or by mail to the CITY. Any notices, reports or other communications from the CITY to the CONSULTANT shall be considered delivered when delivered by the CITY in person or by mail to said CONSULTANT or his authorized representative. 13 SECTION 11 AUDIT RIGHTS: The CITY reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK included herein and for a period of one year after final payment is made. SECTION 12 SUBLETTING: The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior written consent of the CITY. SECTION 13 WARRANTY: The CONSULTANT warrants that he /she has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he /she has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability. SECTION 14 TERMINATION OF AGREEMENT: It is expressly understood and agreed that: A. The CITY shall have the right to terminate this Agreement for `cause ". Termination for "cause" shall mean termination because of the Consultant's material breach of his /her covenants contained in this Agreement, gross misconduct by the CONSULTANT in the performance of his /her duties herein, 'the commission by the CONSULTANT of an action constituting common law fraud, or a felony, or acts of the CONSULTANT resulting in material damage to the CITY. "Material damage" shall be determined by the CITY in it's sole discretion. The CONSULTANT shall be compensated only for WORK previously authorized and completed. B. Termination without Cause. The CITY shall have the right to terminate this Agreement, in which event the CONSULTANT will thereupon be entitled only to compensation, for the WORK previously authorized and completed. Either party may terminate this Agreement pursuant to Section 16. 14 SECTION 15 DEFAULT In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may declare the other party in default and notify the other party in writing as provided in Section 9. In such event, the CONSULTANT will only be compensated for any completed Professional Services. In the event partial payment has been made for such Professional Services not completed, the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of litigation by the other party to enforce the provisions of this Contract, the prevailing party will be compensated for reasonable attorney's fees. In no event shall attorney's fees awarded against the CITY exceed 250 of the award for damages. The CITY does not waive sovereign immunity from awards of prejudgment interest. SECTION 16 HOLD HARMLESS, INDEMNIFICATION AND WAIVER OF LIABILITY The CONSULTANT shall not commence WORK on this Agreement until he /she has obtained all insurance required by the CITY. The CONSULTANT shall defend, indemnify and save the CITY harmless from any claims, liability, losses and causes of actions, arising out of a willful or unlawful act, or any negligent error or omission, or any negligent act(s) of the CONSULTANT or his /her SUBCONSULTANTS, incident to the performance of the Consultant's Professional Services under this Agreement. The CONSULTANT shall pay any and all claims and losses incidental or otherwise to the CONSULTANT's Professional Service Agreement herewith and shall defend all such suits in the name of the CITY, when applicable, and, if found liable shall compensate the CITY for reasonable attorney's fees and, shall pay all costs and judgments including attorney's fees which may issue thereupon. In reviewing, approving or rejecting any submissions or acts of the CONSULTANT or his /her SUBCONSULTANTS, the CITY does not assume or share any of the responsibility or liability for the CONSULTANT or his /her SUBCONSULTANTS, the registered professional (architects and /or engineers) under this Agreement. Pursuant to the provisions of Florida Statute Section 725.06, the parties agree that to (one percent) of the contract price represents specific consideration to the CONSULTANT for the indemnification set for in this contract. The CONSULTANT, in consideration of the foregoing, agrees to indemnify the CITY for any damages to persons or property caused in part or in whole by any act, omission, or default of the CONSULTANT arising from the contract or its performance. Pursuant to the requirements of Section 725.06, the limit of such indemnification shall be one (1) million dollars. 15 SECTION 17 INSURANCE The CONSULTANT shall maintain during the term of this Agreement the following insurance: A. Professional Liability Insurance in the amount of $1,000,000 with deductible per claim if any, not to exceed 50 of the limit of liability providing for all sums which the CONSULTANT shall become legally obligated to pay as damages for claims arising out of the services performed by the CONSULTANT or any person employed by him /her in connection with this Agreement. This insurance shall be maintained for the complete duration of the WORK and three years after completion of the construction and acceptance of any WORK covered by this Agreement. However, the CONSULTANT may be required to purchase Specific Project (Engineer's /Architect's) Professional Liability Insurance which provides for additional coverage if requested by the CITY. The cost of such additional insurance will be reimbursed by the CITY. B. Comprehensive General Liability Insurance with broad form endorsement, including automobile liability, completed operations and products liability, contractual liability, severability of interests with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence for bodily injury and property damage. Said policy or policies shall name the CITY as additional insured and shall reflect the hold harmless provision contained herein. C. Workman's Compensation Insurance for all employees of the CONSULTANT, in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended and Employers Liability Insurance with limits not less than $500,000. D. All policies shall contain waiver of subrogation against the CITY where applicable and shall expressly provide that such policy or policies are primary over any other collective insurance that the CITY may have. E. All of the above insurance is to be placed with Best - rated A -8 or better insurance companies, qualified to do business under the laws of the State of Florida. G. Except as to subsections A and C herein, the CITY shall be named as an additional insured under such policies. Said policies shall contain a "severability of intent" or a "cross liability" clause without obligation for premium 16 payment by the CITY. The CITY reserves the right to request a copy of the required policies for review. H. All policies shall provide for 30 days notice to the CITY prior to cancellation or material changes. Said notice shall be made to: City Manager City of South Miami City Hall 6130 Sunset Drive South Miami, Florida 33143 I. The CONSULTANT shall furnish Certificates of Insurance to the Employee Relations Department and the Office of the City Attorney, prior to the commencement of operations or policy termination, which certificates shall clearly indicate that the CITY is named as an additional insured and that the CONSULTANT has obtained insurance in the type, amount, and classification required for strict compliance with this Section and that no material change or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the CITY as provided in subsection H. Compliance with the foregoing requirements shall not relieve the CONSULTANT of his /her liability and obligations under this Section or under any other portion of this Agreement. SECTION 18 INDEPENDENT CONTRACTOR The CONSULTANT acknowledges that he /she is entering into this Agreement as an independent contractor and that he /she shall therefore be responsible for the deposit and payment of any Federal Income Taxes, FICA, Unemployment Taxes or any similar fees or taxes that become due, and shall be responsible for the collection and payment of all withholdings, contributions and payroll taxes relating to his /her services or those of his /her employees. The CITY shall not withhold from sums payable to the CONSULTANT, any amount whatsoever for Federal Income Taxes, FICA, Unemployment Insurance Taxes or any similar fees or taxes. The CONSULTANT will not be considered an employee of the CITY or entitled to participate in plans, distributions, arrangements, or other benefits extended to the CITY's employees. Nothing herein shall imply or shall be deemed to imply an agency relationship between the CITY and the CONSULTANT. 17 SECTION 19 NON - DISCRIMINATION It is understood against any employee in to hire, tenure, terms, any matter directly or age, marital status, ra physical handicap. that the CONSULTANT shall not discriminate the performance of the contract with respect conditions or privileges of employment, or indirectly related to employment because of 7.e, color, religion, national origin, sex or SECTION 20 RELATIONSHIP OF PARTIES Officers, agents and employees of the CONSULTANT shall not be deemed to be employees of the CITY for any purpose whatsoever. SECTION 21 INDULGENCES Indulgences granted with regard to breach or failure to perform under any provisions of this Agreement or amendments to this Agreement, either initial occurrence of any time thereafter, shall not constitute a waiver of the rights of the CITY under this Agreement. SECTION 22 AGREEMENT NOT EXCLUSIVE Nothing in this Agreement shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. SECTION 23 CODES, ORDINANCES AND LAWS The CONSULTANT 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. The CONSULTANT is required to complete Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3)(a). SECTION 24 ENTIRETY OF AGREEMENT 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 hereof that are not merged herein and superseded hereby. 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 25 SEVERABILITY If any provisions of this Agreement are found to be void and unenforceable by a court of competent jurisdiction, the remaining 18 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.181 -00 -11074 duly passed and adopted by the South Miami City Commission on September 5, 2000 ATTEST: Ronetta Taylor, City Cler ATTEST: CITY OF SOUTH MIAMI By: Charles D. Scurr, City Manager CONSULTANT: STATE OF FLORIDA ) SS. Acknowledgment of City of South Miami COUNTY OF MIAMI DADE ) The foregoing instrument was acknowledged before me this day of , 1999 by Charles D. Scurr, and Ronetta Taylor, City Manager and City Clerk respectively, of the CITY OF SOUTH MIAMI, on behalf of the CITY, who are personally known to me. My Commission Expires: Notary Public, State of Florida Print Name: Commission No.: 19 STATE OF FLORIDA ) SS. Acknowledgment of the Consultant COUNTY OF MIAMI DADE ) The foregoing instrument was acknowledged before me this day of ,2000, by of , on behalf of the Corporation. He /she is personally known to me or has produced (type of information), as identification. 11 My Commission Expires: Notary Public, State of Florida Print Name: Commission No.: APPROVED AS TO FORM & CONTENT: Earl Gallop, Esq., City Attorney K11 Exhibit A City of South Miami Recreation Center Design Program August 2000 Mission: To improve the quality of life for the residents of the City of South Miami by providing increased athletic, recreational, cultural, and educational opportunities. I The functions and the activities of the proposed Recreation Center are�grouped in four major areas Athletics Recreation/ Cultural Educational Administration Athletics: Goal: C Increase the availability of the athletic programs, both indoor and outdoor, to the South Miami community Objectives: • Develop a full -sized gymnasium for basketball, volleyball, and other indoor court dependent activities. • Provide adequate support areas such as check -in, locker rooms, storage, and equipment check out for the indoor and outdoor athletic programs. • Provide adequate facilities for dance, martial arts, aerobics, and other low impact exercise programs. • Provide adequate facilities for supporting fitness/ wellness activities. • Reconfigure the outdoor field area to maximize the programming opportunities in conjunction with other available fields. Design Program: Indoor Athletics Area: Gymnasium: 10,000 SF This space will have a full size basketball court with appropriate flooring for athletic activities. Court should have six roll down backboards with,two cross -courts to allow adult and youth play, fold -out bleachers for 500 spectators, outlets for sound equipment, microphones, scoreboard, and roll -down net partition between cross - courts. 21 Storage: 2,500 SF This area is for storage of equipment for the gymnasium and the stage. This area will require shelving for small and large bulky items. The area will be designed to service both indoor and outdoor athletic areas. Fitness/ wellness Center: 2,500 SF Room is minimally equipped with mirrored walls, durable carpeting, and well - lighted ceilings. The primary space is allocated into three functional areas: a) 25% into various cardiovascular exercise machines, b) 50% into individual circuit training devices, and c) 25% into free weights. The center should also be equipped with an evaluation area for first aid treatment and health assessments area for fitness center participants. Dance/ Aerobics studio with storage: 1,150 SF Room must support a wide variety of programmed exercise groups that range from aerobics to martial arts, dance classes, cheerleading and other similar activities. Basic construction should include wood floor, mirrors on two wall, sound -poof walls and ceilings ( +/- 50 people). Provide basic cabinetry and shelves to store floor pads, costumes, steps and other equipment. Support areas: 1,000 SF Appropriate support facilities are to be incorporated into the program. These spaces support participants of the indoor and outdoor facilities. They provide changing space, showers, lockers, restrooms, security and access control for much of the complex. Design should maximize visitor safety and operational control of the whole complex. Outdoor Athletics Area: Athletic Fields: Practice fields, lights (utilize existing lights to the extent possible) Regulation size tracks Fitness Trail Two Multipurpose Courts: One for volleyball /tennis/basketball; other for basketball only (explore additional courts). Children's Play area: Yes Recreation/ Cultural and Educational: Goal: Increase opportunities to provide cultural, recreational and educational programs for the South Miami community. Objectives: • Develop different program areas for "wet" and "dry" activities. • Provide adequate support areas for After School House program. • Provide flexible spaces for diverse range of uses for now and for the future. 22 Design Program: Arts and Crafts/ Multipurpose Room: 1,000 SF The multipurpose room is designed to accommodate a wide range of "wet" activities that focus on photography, painting and crafts. Basic requirements include washable floors, perimeter wall shelving and cabinetry, adequate overhead lighting ventilation, work sinks, supplies storage area and a photography dark room ( +/- 10 people). Recreation Room: 450 SF Recreation room designed for children of ages 6 through late teens. Room should be carpeted and equipped with table games such as Ping -Pong tables etc. Multipurpose Room w/ Stage: 1800 SF This carpeted room is designed with movable seating for a variety of events ranging from lectures, plays, movies and community meetings. The room should have the capability to be subdivided into two spaces. Adequate sound and lighting system should be incorporated for the stage activities. Backstage spaces for changing rooms, equipment rooms, bathrooms and storage are to be incorporated as needed. Activity Rooms: 2@ 450 SF each Each classroom is designed to support a range of "dry" type of recreational activities such as adult education, lectures, events, etc. Each room is carpeted, well lighted, has provisions for microphone, speakers and individual storage for chairs and tables. Room partitions should limit sound spillover, yet fold completely out of view when both rooms are used. After Schoolhouse Program: For the purpose of the Master Plan use the Phasel building as the After Schoolhouse facility. Senior Citizen's Activity Area: For the purpose of the Master Plan use the house across the park, presently used by the Park Department for recreational activities, for this function. Computer Room: 450 SF Each room is provided with adequate provisions for data and voice terminals for current and future needs. The rooms are to be furnished with appropriate furniture, anti - static carpet, and non - reflective lighting. Warming Kitchen: 150 SF Kitchen located near the activity rooms is primarily to support catered functions. Basic requirements to include generous counter - space, with numerous electrical outlets, commercial refrigerator, cabinetry, oven/range, and sink. Administrative: Goal: To centralize the Parks and Recreation staff to increase the ability of the department to provide more diverse programming for the South Miami community. 23 Obj ectives: Provide centralized access control and visitor management. Provide adequate support areas meeting areas, employee break room, restrooms, work area for centralized copying /collating, files, first -aid room, and storage. Design Program: Administrative offices: 1,000 SF Basic requirements include space for Parks and Recreation Director (250 SF), an Administrative Assistant (150 SF), Assistant Director (150 SF), Parks/ Landscaping Supervisor (100 SF), After Schoolhouse Program Director and Assistant work space (200 SF), four (4) work stations for program co- ordinators (150 SF). Conference/ meeting room: 500 SF Conference room is designed to hold community groups and advisory board meetings. Basic requirements include soundproof walls, durable carpeting, adequate lighting and a room configuration suitable for a conference table. Common Work Space: 250 SF This space is designed for various Rec. Leaders, and other spaces for copying collating etc. Support Spaces: 750 SF Additional spaces for employee break room, restrooms, first -aid room and maintenance storage as required. Area Summary: Indoor Athletic area : 17,150 SF Recreation/ Education areas 4,300 SF plus After Schoolhouse and Senior Citizens Activity area. Administrative areas 2,500 SF Common spaces/ entrance @ 25% 6,000 SF Total 29,950 SF (Not including After School House and Senior's Activity area) Other issues / functions to be incorporated: Site access Master Plan Building access control Security (cameras with central monitoring area at the access control) Separate bathroom facilities for adults and children Snack/ juice bar, vending area Furniture layout and procurement Parking 24