2015-79 THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL
CONSTRUCTION MANAGER SERVICES
THIS AMENDMENT is entered into as of this gg^ day of Sf )°crib
2015 and is to that certain Agreement dated November 29, 2011, hereinafter "the Agreement",
by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws
of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, hereinafter
referred to as "CITY" and AJAX BUILDING CORPORATION, 465 Maitland Avenue,
Altamonte Springs, FL 32701 hereinafter referred to as "CONSTRUCTION MANAGER." The
parties, in exchange for the mutual covenants contained herein and in the Agreement, agree as
follows:
1. This Amendment expressly modifies the Agreement and in the event of a
conflict, the terms and conditions of this Amendment shall prevail.
2. The Scope of Services and Compensation Schedule referred to and
incorporated into the Agreement is hereby amended to include revised scope of services and
compensation for Construction Phase Services for the Police Station project as more particularly
described in Attachment"A" attached hereto and incorporated herein.
3. All other terms and conditions set forth in the Agreement shall remain in
full force and effect and unchanged as agreed to by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set
forth below.
City of C ermont Attest:
. ofe.ajZ_
Gail L. Ash, Mayor Tracy Ackroyd, City Clerk
Date: 91'--
41-
.4%Ajax Building Corporation Attest:
By / ��_
*No/
William . Byrn: President Corporate Secretary ; `? ..
''�
Orlando Office
465 Maitland Avenue
ATTACHMENT A Altamont2701
TEL (3 2)2 -761
TEL (352)243-7616
ABUILDING CORPORATION htto 1/www aiaxbuildina corn
CG CO42112
23 July 2015
Mr.Freddy Surarez
City of Clermont,Purchasing Dept.
685 W Montrose Street
Clermont,FL 34711
RE: Draft Contract Revisions via:Email
Dear Freddy
Find this letter as our draft recommendation for a forthcoming task order to address both requested scope and
pricing disparities on the Clermont Police Station.
To summarize,as the project was revived,the new stakeholder Team began to develop expectations for Team
members and discuss responsibilitites of each. As those roles began to be re-identified, it became clear that
there was a discrepancy between the scope identified in the contract and that scope previously discussed with
the original stakeholders and also reflected in the contract.This letter serves to properly align Ajax's scope of
work with the expectations of the City.
Generally speakmg,we understand our role to be one of oversight and representation of the City to both the
Architect and the General Contractor. We understand we are tasked with representing management of the
construction process in the City's stead and will provide information to the project stakeholders,primarily,the
Assistant City Manager, m order to make final decision on appropriate matters. General construction project
guidance is Ajax's primary responsibility.
Attached is a markup of the original`Section B'of our agreement based on the conversation you,Mike Dumas,
and I had a few weeks ago.Anything that we've identified that would be included in the Architect's or General
Contractor's contract agreement has been noted similar to `n/a (General Contractor); it may be prudent to
completely remove those references and renumber on the fmal to avoid confusion. Please confirm that these
items are as discussed or provide comment as you see fit.
Also attached is a revised fee summary that we feel is representative of what the City will be expecting from
Ajax for this project.Based on our experience,we feel that the appropriate level of involvement based on the
scope of work would be approximately 32 hours per week.That amount is represented in the price provided.
Please review at your convenience and don't hesitate to give me a call with any questions.
Sincerely,
AJAX BUILDING CORPORATION
Jeremy Cox
Operations Manager
xc File 2012351 IA
Lon Neuman,Ajax
James Kmzler,City of Clermont
attach Contract Modifications(6 pages)
Revised pncmg(1 page)
Tallahassee Jacksonville Gainesville Orlando Tampa
SECTION — B
SCOPE OF SERVICES
The City of Clermont is seeking a Florida licensed Construction Manager (CM) to serve
as the City's principal agent and provide a full range of pre-construction, construction,
and post construction management services for the City's Jenkins Auditorium
Replacement and Police Station Expansion. The successful candidate must be capable
of comprehending and budgeting projects in various stages of design and construction.
Selected CM will work with City staff as well as architects and construction contractor(s)
to develop and complete both capital projects. The Construction Manager shall perform
all listed duties for the new Jenkins Community Center and the Police Station
Expansion. The construction schedules will overlap and the Construction Manager shall
coordinate the efforts as outlined below for the duration of both projects.
Jenkins Replacement:
The project includes the construction of an approximately 10,000 square foot one (1)
story facility with meeting rooms, kitchen and offices and associated site work.
Alternate bid items include the construction of streetscape improvements, including
paving, landscaping, parking, lighting and irrigation. The estimated construction
duration is ten (10) months. The site is located at the northwest corner of Montrose
Street and Lake Avenue. The estimated engineer construction value is $2.2M (includes
a 10% contingency).
Police Station Expansion:
The project includes the construction of an approximate 49,000 square foot facility and
associated site work. The estimated construction duration is twelve (12) months. The
site is located between Hammock Ridge Road and US 27, Clermont, FL. The estimated
engineer construction value is $10.2M.
Construction Manager Services to be Provided
The CM's scope of services shall include, without limitation, all of the preconstruction
services set forth below and all of the construction services required to complete the
work in strict accordance with the contract documents, and to deliver the project to the
City at or below the bid price when established and within the contract time.
The CM shall review project requirements, existing on-site and off-site development,
surveys and preliminary budget, and make recommendations to the City for revisions.
The CM shall review a preliminary project schedule in accordance with the contract
documents and in coordination with the City, the Architect/Engineer, and construction
contractor identifying all phases, critical path activities, and critical duties of each of the
project team members. The City reserves the right to modify, postpone, or cancel the
contract for any reason at the conclusion of any phase and prior to start a subsequent
SECTION — B
SCOPE OF SERVICES
phase as described herein. The three (3) phases and estimated duration time are, but
not limited to:
Phase One: Pre-Construction Design (2 months):
1.1 Perform a complete constructability review of the project bid documents,
specifications, plans and estimates prior to bidding the project and identify
potential problems that need correction before the project is bid.
1.2 The CM shall assist the City in evaluating the Request for Qualifications (RFQ)
received to prequalify contractors for the construction of Jenkins Community
Center and the Police Station. The CM shall rank the responses using the City's
format, attend meetings, and make recommendations.
1.3 The CM shall analyze the cost estimate prepared by the Architect and report to
the City recommendations for any adjustments to the budget.
1.4 Coordinate all permitting requirements.
1.5 Coordinate all utility work outside utilities.
1.6 The CM shall conduct periodic progress meeting attended by City
representatives, designer, construction contractor(s), etc. Such meetings shall
serve as a forum for the exchange of information concerning the project and the
review of design progress. The CM shall prepare and distribute minutes of these
meetings to City representatives, designer, construction contractor, etc. as
deemed necessary.
1.7 The CM shall review the design documents and make recommendations to the
City representatives and Architect/Engineer as to constructability, scheduling,
and time of construction.
1.8 The CM shall prepare and distribute Design Phase change reports that shall list
all City approved changes as of the date of the report and shall state the effect of
project changes, construction budget, and master schedule.
1.9 The CM shall coordinate transmittal of documents to regulatory agencies and
utility providers for review. In addition, the CM shall advise the City of the
potential problems resulting from such review and suggested solutions regarding
completion of such reviews.
Phase Two: Competitive Bid and Award (2 months):
2.1 The CM shall conduct a telephone and correspondence campaign in attempt to
increase interest amongst qualified contractors to submit a response for
prequalification.
SECTION — B
SCOPE OF SERVICES
2.2 The CM shall assist the City in reviewing the RFB responses for construction of
each project.
2.3 The CM shall attend all pre-bid meetings.
2.4 The CM shall review all addenda for effect on project and construction budget,
scheduling and time for construction in addition to consistency with related
provisions as specified in the RFB.
2.5 The CM shall evaluate all submittals for responsiveness, price, and alternate
price when applicable to the solicitation. The CM shall make recommendations
to the City concerning the acceptance or rejection of submittals.
2.6 The CM shall assist the City in the assembly, delivery, and execution of contract
documents. The CM shall issue to the construction contractor, on behalf of the
City, a Notice to Proceed.
Phase Three: Construction and Close-Out (12 months):
3.1 The CM shall chair a kick-off preconstruction meeting with the City to discuss the
proposed work plan and special concerns. It is envisioned that the meeting will
include all interested parties including utility and subcontractors.
3.2 Prepare a list of items for direct purchase by the City for review and coordinate
direct purchase efforts.
3.3 Review coordination of project activities and prepare reports and documents for
City review and action.
3.4 n/a (General Contractor)
3.5 Provide weekly status reports to the City.
3.6 n/a (Architect/ Engineer)
3.7 n/a (General Contractor)
3.8 Conduct regular construction progress meetings with the City,
Architects/Engineers, construction contractor(s), other consultants, etc., to
discuss matters such as procedures, progress, problems, and scheduling.
Prepare and distribute meeting agenda and minutes.
3.9 Review all inspection reports.
SECTION — B
SCOPE OF SERVICES
3.10 n/a (General Contractor)
3.11 In conjuction with Architect / Engineer, review and process all shop drawings,
project data, samples, and other submittals. Establish and implement
procedures for expediting the processing and approval.
3.12 Document all claims and maintain for account records.
3.13 n/a (General Contractor)
3.14 Review testing requirements and identify to General Contractor.
3.15 Review and analyze the construction contractor schedule on a monthly basis
including activity sequences and durations, schedule of submittal and delivery for
products with long lead time.
3.16 Recommend necessary or desirable changes in the construction contractor(s)
scope of work. Review and evaluate construction contractor(s) request for
changes. Negotiate with construction contractor(s) and submit recommendations
to City supported by field date related to any additional work. If change is
accepted, prepare change orders for signature and authorization by the City and
maintain a change order log.
3.17 Review pay request and provide recommendation for payments.
3.18 Provide construction management file to the City.
3.19 Review contract documents, plans, and permits.
3.20 Attend field walks and construction meetings.
3.21 Monitor and enforce construction noticing requirements.
3.22 Maintain field diaries (bound or electronic) during construction including a
cumulative record of quantities constructed, daily and weekly reports, working
day reports, change order documentation, photographs and other
documentation.
3.23 In conjunction with the Architect / Engineer, continuously monitor, evaluate, and
review the construction contractor(s) work in accordance with the approved
construction contract documents.
3.24 In conjunction with the Architect / Engineer, review that the construction
contractor(s) work is being performed in accordance with the requirements of the
contract documents. Guard the City against defects and deficiencies in the work.
SECTION — B
SCOPE OF SERVICES
As appropriate, require inspection or testing, make recommendations to City
regarding special inspection/testing of work not in accordance with the provision
of the contract documents whether or not such work is fabricated, installed or
completed.
3.25 Provide and maintain a digital photographic history of the project. Photo will also
be taken of the following:
a. Showing existing conditions prior to construction
b. Disputed work items
c. Work that has to be duplicated, replaced, or removed
d. Completed work
e. Extra work
3.26 Record the progress of the project. Provide daily observation reports. Submit
written daily progress report to City, including information on construction
contractor(s) and the entire project, showing percentages of completion. Keep
daily logs containing a record of weather, construction contractor(s) work on site,
number of workers, work accomplished, problems encountered, and other
relevant data.
3.27 n/a (General Contractor)
3.28 Maintain copies of all permits needed to construct the project and monitor special
requirements of each.
3.29 Provide an initial review and one re-submittal review of shop drawings and
product date for conformance to the construction documents.
Construction Closeout
The CM will coordinate project closeout start-up and transition to operation. Activities
include but are not limited to:
• Assist the City in administering and coordinating final inspections.
• In conjunction with the Architect / Engineer, assist the City in determining when
the project or a designated portion thereof is substantially complete. Prepare for
the City a summary of the status of the work of the construction contractor(s),
listing changes in the previously issued certificates of substantial completion of
the work, and recommending the times within which construction contractor(s)
shall complete the items on their certificate of substantial completion of the work.
• Calculate the amount of final payment due to construction contractor(s).
SECTION — B
SCOPE OF SERVICES
• In conjunction with City Staff, develop process for processing contractor lien
releases and certificates of insurance.
• Assist City with filing the project "Notice of Completion".
• Secure and transmit to City, required guarantees.
• In conjunction with the Architect / Engineer, issue the notice of substantial
completion and process the "Notice to Completion".
• Coordinate any startup requirements.
• Collect "As-Built" data from contractors or Architects/Engineers.
• Make recommendation for the release of retention.
END OF SECTION — B
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