Contract 2018-58 AGREEMENT FOR PROFESSIONAL
CONSTRUCTION MANAGER SERVICES
THIS AGREEMENT is entered into as of this IL-{ day of AU L43+ 2018,
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 THE A.D. MORGAN CORPORATION, 1953 E. Edgewood Drive,
Lakeland, FL 33803, hereinafter referred to as "CONSTRUCTION MANAGER."
WITNESSETH
WHEREAS, the CITY is in need of qualified and licensed construction manager services for the
CITY's new Public Works Facility;
WHEREAS, the CITY solicited proposals for services as more fully described and set forth in RFQ:
18-021; and
WHEREAS, the CONSTRUCTION MANAGER submitted a proposal to provide said services and
has represented to CITY that it is qualified and desires to perform said services in accordance with
the terms and conditions contained herein, and all applicable law and professional standards;
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties covenant and agree as follows:
1.0 TERM
1.1 This Agreement is to become effective upon execution by both parties, and shall remain in
effect until completion of the new Public Works Facility, unless terminated as provided for
herein.
2.0 DESCRIPTION OF SERVICES
2.1 It is expressly understood and acknowledged that CONSTRUCTION MANAGER shall
provide those services as more particularly described ' "
of RFQ 18-424, attached hereto and incorporated herein as Exhibit W."6".
2.2 CONSTRUCTION MANAGER shall not be authorized to proceed until the CITY has
issued a Notice to Proceed to the CONSTRUCTION MANAGER. Upon receipt of the
signed Notice to Proceed from the CITY, the CONSTRUCTION MANAGER shall
perform the services set forth in herein.
2.3 CONSTRUCTION MANAGER shall provide CITY'S designated project manager with
monthly time sheets or statements for services rendered during the preceding month. Each
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time sheet shall state the names and classifications of all personnel who performed services
during said month and the number of hours worked by each.
2.4 In addition to those services set forth in the scope of services, CONSTRUCTION
MANAGER shall receive any and all direct purchase items related to the applicable
project. As part of the service, CONSTRUCTION MANAGER shall verify the items
comply with all applicable specifications and upon verification, authorize payment to the
applicable supplier.
3.0 SCHEDULE
3.1 CONSTRUCTION MANAGER shall perform services in conformance with the mutually
agreed upon schedule consistent with the completion of the projects and the fee proposal
attached hereto and incorporated herein as Exhibit `B". CONSTRUCTION MANAGER
shall complete all services in a timely manner and will keep CITY fully informed of the
status of work on a reasonable basis in relation to the scope of the project or at least
monthly. Should CONSTRUCTION MANAGER fall behind the agreed upon schedule, it
shall employ such resources so as to comply with the agreed upon schedule at no additional
cost to the CITY.
3.2 No extension for completion of services shall be granted to CONSTRUCTION
MANAGER without CITY'S prior written consent,except as provided in Sections 3.1 and
20.0 herein.
4.0 METHOD OF PAYMENT FOR SERVICES AND EXPENSES
4.1 CITY shall pay the CONSTRUCTION MANAGER as set forth in "CONSTRUCTION
MANAGER's Fee Proposal"in Exhibit"B", attached hereto and incorporated herein, shall
be used for the basis for payment for services pursuant to Paragraphs 2.0 and 3.0. These
fee schedules shall include wages, salaries, taxes, insurance, overhead and profit. CITY
shall pay CONSTRUCTION MANAGER for administrative expenses not referred to
above in an amount not to exceed ONE HUNDRED DOLLARS ($100.00) per month, all
requests for reimbursement of expenses hereunder shall include receipts and other
documentation acceptable to CITY verifying the requested reimbursement. Any
adjustments to the Fee Schedule must be mutually agreed to by the CITY and
CONSTRUCTION MANAGER.
4.2 TIME FOR PAYMENT: At monthly intervals, CONSTRUCTION MANAGER shall
submit statements for services. As a condition precedent to receiving payment,
CONSTRUCTION MANAGER shall have been authorized to proceed by CITY, shall not
be in default of any of the terms and conditions of this Agreement and shall provide to
CITY an invoice. The invoice shall be forwarded to CITY, no more frequently than once
per month, and signed by an authorized representative of CONSTRUCTION MANAGER
related to the applicable monthly installment payment. The invoice shall include a
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statement identifying the period for which it applies and the sub-tasks or portions thereof,
completed and specifically set forth in Exhibit "B". CITY shall pay all valid, approved,
and undisputed invoices within thirty (30) days of receipt from CONSTRUCTION
MANAGER. In the event that CITY disputes any invoice submitted, it shall advise
CONSTRUCTION MANAGER, in writing, and said invoice shall not be deemed due and
payable under this agreement. Neither the CITY'S review, approval or acceptance of, nor
payment for, any services provided hereunder shall be construed to operate as a waiver of
any rights under this Agreement and the CONSTRUCTION MANAGER shall be liable to
CITY for any and all damages to CITY caused by the CONSTRUCTION MANAGER'S
negligent or wrongful performance of any of the services furnished under this Agreement.
4.3 In the event of termination by CITY under Section 16.0 during the performance of the
services, payments due CONSTRUCTION MANAGER up to the point of termination,
including payments for services rendered, and all costs incurred shall constitute total
payment for such services.
5.0 RIGHT TO INSPECTION
5.1 CITY or its agents shall at all times have the right to review or observe the services
performed by CONSTRUCTION MANAGER. No inspection, review, or observation
shall relieve CONSTRUCTION MANAGER of its responsibility under this Agreement.
6.0 PROGRESS MEETING
CITY'S designated Project Manager may hold periodic progress meetings on a monthly
basis, or more frequently, if required, during the term of this Agreement.
CONSTRUCTION MANAGER'S Project Manager and all other appropriate personnel
shall attend such meetings as designated by CITY'S Project Manager.
7.0 SAFETY
7.1 CONSTRUCTION MANAGER agrees to comply with CITY'S published safety standards
while on the property of CITY. A copy of these standards is provided in Exhibit "C",
attached hereto and incorporated herein.
7.2 CONSTRUCTION MANAGER shall have full responsibility and assume all liability for
the safety and supervision of its employees while performing services provided hereunder.
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8.0 REASONABLE ACCESS
During the term of this Agreement, CITY shall grant CONSTRUCTION MANAGER
reasonable access to the CITY'S premises for purposes of fulfilling its obligations under
this Agreement.
9.0 INSURANCE AND HOLD HARMLESS/INDEMNIFICATION
CONSTRUCTION MANAGER shall maintain in force during the term of this Agreement,
at its own expense, insurance as set forth in Exhibit"D", attached hereto and incorporated
herein and shall be bound by the terms of the Hold Harmless/Indemnification provisions
expressed therein.
10.0 COMPLIANCE WITH LAWS AND REGULATIONS
CONSTRUCTION MANAGER shall comply with all requirements of federal, state and
local laws, rules, regulations, standards, and/or ordinances applicable to the performance
of this Agreement.
11.0 REPRESENTATIONS
11.1 CONSTRUCTION MANAGER represents that the services provided hereunder shall
conform to all requirements of this Agreement, RFQ 18-021 and CONSTRUCTION
MANAGER'S April 12, 2018 response thereto and any amendments or supplements
thereto; shall be consistent with recognized and sound professional engineering practices
and procedures; and shall conform to the customary standards of care, skill, and diligence
appropriate to the nature of the services rendered.
11.2 CONSTRUCTION MANAGER represents that the personnel furnishing such services
shall be qualified and competent to perform the services assigned to them and that such
guidance given by and the recommendations and performance of such personnel shall
reflect their best professional knowledge and judgment.
11.3 Subject to the provisions of this Section, should CONSTRUCTION MANAGER breach
the warranties set forth herein, CITY shall have such remedies as may be provided at law
or equity.
12.0 DOCUMENTS
12.1 Upon CITY'S or its designated Project Manager's request, at any time during the term of
this Agreement or upon completion or termination of this Agreement, CONSTRUCTION
MANAGER shall provide CITY or its designated Project Manager with a copy of all
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documents and electronic files prepared by CONSTRUCTION MANAGER under this
Agreement.
12.2 The parties acknowledge that the CITY is a Florida municipal corporation and subject to
the Florida Public Records Law,therefore,to the extent applicable to it,CONSTRUCTION
MANAGER agrees to comply with the terms thereof with regard to any and all documents
related to the CITY.
13.0 ASSIGNMENT
13.1 CONSTRUCTION MANAGER shall not assign or subcontract this Agreement or any
rights or any monies due or to become due hereunder without the prior, written consent of
CITY.
13.2 If,upon receiving written approval from CITY,any part of this Agreement is subcontracted
by CONSTRUCTION MANAGER, CONSTRUCTION MANAGER shall be fully
responsible to CITY for all acts and/or omissions performed by the subcontractor as if no
subcontract had been made.
13.3 If CITY determines that any subcontractor is not performing in accordance with this
Agreement, CITY shall so notify CONSTRUCTION MANAGER who shall take
immediate steps to remedy the situation.
13.4 If any part of this Agreement is subcontracted by CONSTRUCTION MANAGER,prior to
commencement of any work by the subcontractor, CONSTRUCTION MANAGER shall
require the subcontractor to provide CITY and its affiliates with insurance coverage as set
forth by the CITY.
14.0 INDEPENDENT CONSTRUCTION MANAGER
At all times during the term of this Agreement, CONSTRUCTION MANAGER shall be
considered an independent CONSTRUCTION MANAGER.
15.0 DEFAULT
If during the term of this Agreement,CONSTRUCTION MANAGER shall be in default of any of
the material provisions of this Agreement, CITY may suspend its performance hereunder until
such delinquency or default has been corrected; provided, however that no suspension shall be
effective unless and until CITY gives written notice of the default to CONSTRUCTION
MANAGER with at least ten (10) days to cure such default. If CONSTRUCTION MANAGER
fails to correct such delinquency or default within thirty (30) days of suspension by CITY, CITY
may terminate this Agreement.
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16.0 TERMINATION
Notwithstanding any other provision of this Agreement, CITY may, upon written notice to
CONSTRUCTION MANAGER, terminate this Agreement if: a) without cause and for
convenience upon thirty (30) days written notice to CONSTRUCTION MANAGER b)
CONSTRUCTION MANAGER is adjudged to be bankrupt; c) CONSTRUCTION MANAGER
makes a general assignment for the benefit of its creditors; d) CONSTRUCTION MANAGER
fails to comply with any of the conditions of provisions of this Agreement; or e)
CONSTRUCTION MANAGER is experiencing a labor dispute, which threatens to have a
substantial, adverse impact upon performance of this Agreement, without prejudice to any other
right or remedy CITY may have under this Agreement. In the event of such termination, CITY
shall be liable only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for work, properly performed and accepted prior to the effective
date of termination.
17.0 FORCE MAJEURE
Any delay or failure of either party in the performance of its required obligations hereunder shall
be excused if and to the extent caused by acts of God: fire; flood;windstorm; explosion;riot;war;
sabotage; strikes; extraordinary breakdown of or damage to CITY'S affiliates' generating plants,
their equipment,or facilities;court injunction or order;federal and/or state law or regulation;order
by any regulatory agency; or cause or causes beyond the reasonable control of the party affected;
provided that prompt notice of such delay is given by such party to the other and each of the parties
hereunto shall be diligent in attempting to remove such cause or causes. If any circumstances of
Force Majeure remain in effect for sixty(60)days, either party may terminate this Agreement.
18.0 GOVERNING LAW& VENUE
This Agreement is made and shall be interpreted,construed,governed,and enforced in accordance
with the laws of the State of Florida. Venue shall be Lake County, Florida, or the United States
District Court in and for the Middle District of Florida.
19.0 HEADINGS
Paragraph headings are for the convenience of the parties only and are not to be construed as part
of this Agreement.
20.0 SEVERABILITY
In the event any portion or part of this Agreement is deemed invalid, against public policy, void,
or otherwise unenforceable by a court of law, the parties shall negotiate an equitable adjustment
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in the affected provision of this Agreement. The validity and enforceability of the remaining parts
thereof shall otherwise be fully enforceable.
21.0 WAIVER AND ELECTION OF REMEDIES
21.1 Waiver by either party of any terms, condition, or provision of this Agreement shall not be
considered a waiver of that term, condition, or provision in the future.
22.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be
binding unless in writing and signed by a duly authorized representative of each party
hereto.
22.0 THIRD PARTY RIGHTS
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than
CITY and CONSTRUCTION MANAGER.
23.0 PROHIBITION AGAINST CONTINGENT FEES
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 other consideration
contingent upon or resulting from the award or making of this Agreement.
24.0 ENTIRE AGREEMENT
Except as otherwise state, this Agreement, including the schedules, attachments, appendixes and
exhibits attached hereto, constitutes the entire agreement between CITY and CONSTRUCTION
MANAGER with respect to the services specified and all previous representations relative thereto,
either written or oral, are hereby annulled and superseded.
25.0 SOVEREIGN IMMUNITY
Nothing contained in the Agreement shall be construed as a waiver of the CITY'S rights to
sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the
CITY'S potential liability under state or federal law.
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26.0 NOTICE
Any notices required to be given by the terms of this Agreement shall be delivered by hand or
mailed, postage prepaid to:
CITY: City of Clermont
Darren Gray, City Manager
685 West Montrose Street
Clermont, Florida
CONSTRUCTION MANAGER:
The A.D. Morgan Corporation
Rebecca Smith, President
1953 E. Edgewood Drive
Lakeland, FL 333803
Either party may change the name of the person receiving notices and the address at which notices
are received by so advising the other party in writing.
30.0 PUBLIC RECORDS
ENGINEER expressly understands records associated with this project are public records and
agrees to comply with Florida's Public Records law, to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and conditions that
the CITY would provide the records and at a cost that does not exceed the cost provided in this
Florida's Public Records law or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY
all public records in possession of the ENGINEER upon termination of the contract and destroy
any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements.All records stored electronically must be provided to the CITY in a format
that is compatible with the information technology systems of the CITY.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set
forth below.
City o Clermont Attest:
lir, 4111"Z Al
AK_Gail ,sh, " ayor Tracy Ackroyd Howe, City Clerk
Da S -- P-1 - liD
T : A.IP organ Corporation Attest:
B
I
R: gra Smith, President Cj,r("4/ece.,64f
ate Secretary
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EXHIBIT A
SECTION — B
SCOPE OF SERVICES
The City of Clermont is seeking a Florida licensed Construction Manager (CM) to provide
a full range of pre-construction, construction, and post construction management services
for the City's new Public Works facility. 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, Architects/Engineers, and construction contractor(s)
to develop and complete the capital project.
Public Works Facility:
The project includes the construction of an approximately 6,000 square feet
Administration one story building to include rooms, kitchen, and offices; an approximate
16,000 square foot single story Fleet Maintenance building to include maintenance bays
and associated offices, utility, and storage areas; an approximate 5,000 square foot single
story Warehouse to include storage areas, associated offices and ancillary spaces; and
associated site work to design utility services, drainage, and other site related amenities.
The estimated construction duration is twelve (12) months. The site is located on
Hancock Road to the east of the Greater Pines subdivision. The estimated engineer
construction value is $8.5 Million.
It is the intention of the City to enter into a contract with a CM for pre-construction services
prior to the thirty (30%) percent design submittal. The CM shall review the plans and
advise the City and the Architect/Engineer regarding the constructability of the design and
of any errors, omissions, or conflicts it discovers. The CM shall prepare an outline of
proposed bid packages and detailed cost estimates, and advise the City regarding trends
in the construction and labor markets that may affect the price or schedule of the project.
The CM shall attend all project related meetings. The CM's preconstruction services shall
be provided, and the City shall compensate the CM for such services, based upon a fixed
fee.
1 — CONSTRUCTION MANAGEMENT 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.
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 prepare a preliminary project schedule in accordance with the contract
documents and in coordination with the City, 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
RFQ No 18-021
Page 9 of 33
SECTION — B
SCOPE OF SERVICES
phase as described herein. The three (3) phases and estimated duration time are, but
not limited to:
Phase One (1): 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 General Contractors for the construction of the
Public Works facility. 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/Engineer
and report to the City recommendations for any adjustments to the budget.
1.4 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.
1.5 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.
1.6 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.
Phase Two (2): 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 pre-qualification.
2.2 The CM shall assist the City in reviewing the RFB responses for
construction.
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
RFQ No: 18-021
Page 10 of 33
SECTION — B
SCOPE OF SERVICES
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 (3): Construction and Close-Out (Twelve Months):
3.1 The CM shall chair a kick-off pre-construction 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 Provide weekly status reports to the City.
3.5 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.
3.6 Review all inspection reports.
3.7 In conjunction with Architect/Engineer, review and process all shop
drawings, project dates, samples, and other submittals. Establish and
implement procedures for expediting the processing and approval.
3.8 Document all claims and maintenance for account records.
3.9 Review testing requirements and identify to General Contractor.
3.10 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.
3.11 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
RFQ No: 18-021
Page 11 of 33
SECTION — B
SCOPE OF SERVICES
additional work. If change is accepted, prepare change orders for signature
and authorization by the City and maintain a change order log.
3.12 Review pay request and provide recommendation for payments.
3.13 Provide construction management file to the City.
3.14 Review contract documents, plans, and permits.
3.15 Attend field walks and construction meetings.
3.16 Monitor and enforce construction noticing requirements.
3.17 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.
3.18 In conjunction with the Architect/Engineer, continuously monitor, evaluate,
and review the construction contractor(s) work in accordance with the
approved construction contract documents.
3.19 In conjunction with the Architect/Engineer, ensure 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. 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.
3.21 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 record of weather, construction
contractor(s) work on site, number of workers, work accomplished,
problems encountered, and other relevant data.
3.22 Maintain copies of all permits needed to construct the project and monitor
special requirements of each.
3.23 Provide an initial review and one re-submittal review of shop drawings and
product date for conformance to the construction documents.
3.24 Review and approve all pay applications for payment completion and
accuracy.
RFQ No: 18-021
Page 12 of 33
SECTION — B
SCOPE OF SERVICES
2 — CONSTRUCTION CLOSEOUT
The CM shall coordinate project closeout start-up and transition to operation. Activities
include, but 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 designated portion thereof is substantially complete. Prepare for the City
a summary of the status of the work of the construction contractor(s), listing
changed 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).
• 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 of Completion".
• Coordinate any startup requirements.
• Collect "As-Built" data from contractors or Architect/Engineer.
• Make recommendation for the release of retention.
The CM shall be responsible for securing warranties and guarantees from the
subcontractors and or any material suppliers for any materials, equipment, or fixtures to
be incorporated into the project. A bound Operations and Maintenance Manual shall be
compiled by the CM and supplied with the City upon completion of building. The manual
should include but not be limited to the following: building system instruction manual and
building system warranties.
END OF SECTION — B
RFQ No: 18-021
Page 13 of 33
EXHIBIT B
Leaders In Providing
Construction Solutions July 17,2018
Freddy Suarez
Purchasing Director,City of Clermont
City of Clermont
685 West Montrose Street
Clermont, Florida 34711
RE: Proposal—Construction Management Services—City of Clermont—New Public Works Facility
A.D. MU! iA11 Dear Mr,Suarez,
CORPORATION
The A.D. Morgan Corporation is pleased to submit our proposal for Construction Management Services for the City of
General Contractors Clermont's New Public Works Facility.
Construction Managers
Preconstruction—Phase I—Design($15,980)2 Months Total Duration
The scope of services to be provided during the preconstruction phase include the following:
OFFICES - Perform constructability review—Review progress drawings and specifications for clarity and constructability
at conclusion of design development.
- Conduct four design meetings(4)
TAMPA - Provide Milestone estimates—One(1)milestone estimate to be provided by A.D.Morgan at points
Corporate Headquarters designated by the owner.
716 N. Renetlie Drive
Tampa, Florida 33609 - Track design changes and their impact on the project
PH: 813•832• 3033 - Assist with master schedule development—Detailed preconstruction and construction schedules
FAX:813 •831 •9860
Competitive Bid and Award-Phase II($25,980)2 Months Total Duration
BRADENTON The scope of services to be provided during the competitive bid and award phase include the following:
2411-B Manatee Ave W. - Assist the City in the development of the general contractor RFQ package prior to solicitation
Bradenton, Florida 34205
PH: 941 •747. 3001 - Attend two pre-bid meetings
FAX:941 •747• 3015 - Make recommendations to the city concerning acceptance or rejection of submittal
- Assist the City in ranking bids from qualified bidders
- Assist City in contract implementation
LAKELAND - Review and report on all addenda and their effect on the project
1953 Edgewood Dr.
Pd, Florida 33803
PH:H: 86863 .45050.4840 ( )Construction and Close Out—Phase Ill $156,000 12 Months Total Duration
FAX:863 •937. 5408
The Construction Phase service fee structure is based on 20 hours per week of a Project Managers involvement.The
services to be provided during the Construction and Close out phase include the following:
www.admorgan.com - Chair Preconstruction meeting
License # cGc044502 - List Direct Purchase items,track and coordinate Direct Purchase effort
- Review testing and inspection reports
- Review and evaluate requests for change proposals and make recommendations to the City
- Provide weekly field reports
- Review contract documents,plans and permits
- Provide monthly schedule reviews
- Conduct bi-weekly progress meetings and distribute meeting minutes
- Review testing requirements and identify to general contractor
- Review GC pay requests
- Make recommendations for payment
Leaders In Providing
Construction Solutions - Assist in project close out
- Assist the City in determining when the project is substantially complete
Prepare a summary of the status of work not completed
Maintain all reports and project documents on Procore and will be made available for the entire project team
- Compile O&M manual and project warranties
- Coordinate any required start up requirements
- Monitor evaluate and review the contractors work in accordance with approved construction documents
- Recommend inspection or testing of work not in accordance with contract documents as required
- Maintain all copies of the permits required by the project
MU
- Collect as-built documentation
A.De I I V A 11 - Calculate final payment
CORPORATION - Make recommendation for retainage payment
General Contractors Construction Phase:
Construction Managers Should the duration of the Public Works Facility project be extended beyond 12 months,the fee would be increased by
$13,000/month.
We look forward to building a long-lasting relationship with the City of Clermont and feel privileged to be given the
opportunity to join with you to deliver a successful project as you develop your city.
Very Truly Yours,
THE A. D. MORGAN CORPORATION
Joh alaf I Vice President
Exhibit"C"
SPECIFICATION SAFETY REQUIREMENTS
The following safety requirements are comprehensive in nature with some site
specificity; therefore, not all sections are applicable to every Agreement. Please apply
those safety requirements as site or situation dictate. NOTE: All CONSTRUCTION
MANAGERs and/or engineers who assume responsibility for contract management will
be responsible for insuring compliance with these safety requirements by all
CONSTRUCTION MANAGER and any Subcontractors.
GENERAL
A. The CONSTRUCTION MANAGER shall comply with Federal/State
Occupational Safety and Health Act (OSHA) Standards and any other
rules and regulations applicable to construction and/or maintenance
activities in the State of Florida. The CONSTRUCTION MANAGER
shall also comply with Chapter 442, Florida Statutes (Toxic Substances in
the Workplace), and any county, or city, or any other agency's rules and
regulations regarding safety.
B. The CITY'S safety personnel or any supervisor may, but is not required
to, order that the work be stopped if a condition of immediate danger is
found to exist. Nothing contained herein shall be construed to shift
responsibility or risk of loss for injuries or damage sustained as a result of
a violations of this Article from the CONSTRUCTION MANAGER to the
CITY; and the CONSTRUCTION MANAGER shall remain solely and
exclusively responsible for compliance with all safety requirements and
for the safety of all persons and property at the project site.
C. The parties hereto expressly agree that the obligation to comply with
applicable safety provisions is a material provision of this Agreement and
a duty of the CONSTRUCTION MANAGER. The CITY reserves the
right to require demonstration of compliance with the safety provisions of
this Agreement. The parties agree that such failure is deemed to be a
material breach of this Agreement; and the CONSTRUCTION
MANAGER agrees upon such breach, all work pursuant to the Agreement
shall terminate until demonstration to the CITY that the safety provisions
of this Agreement have been complied with. In no event shall action or
failure to act on the part of the CITY be construed as a duty to enforce the
safety provisions of this Agreement, nor shall it be construed to create
liability for the CITY for any act or failure to act in respect to the safety
provisions of this Agreement.
II. SAFETY EQUIPMENT
All CITY safety regulations will be strictly adhered to and enforced by the CITY, which
may include work stoppage or removal of CONSTRUCTION MANAGER and/or
personnel. These safety regulations include, but are not limited to:
A. All persons on CITY property will wear industrial safety glasses with
affixed side shields at all times, except, when in an office building or
construction trailer, in the enclosed cab of a motor vehicle, or during a
break period when all work has stopped.
B. All persons on CITY property will wear an approved hard hat in good
repair at all times, except when in an office building or construction
trailer, in the enclosed cab of a motor vehicle, or during a break period
when all work has stopped. Bump hats are not acceptable at any time.
C. All persons on CITY property and in an area where the noise level
exceeds 85db, must wear hearing protection that complies with ANSI
53.19-74 (ear muffs and/or approved earplugs). This includes areas where
noisy equipment is in use (i.e. jack hammers, electric or air drills, heavy
equipment with open cabs, pipe cutting saw, etc.) and in the plant where
posted.
D. Sport or athletic-type style shoes are NOT considered a suitable work shoe
and are not acceptable as work shoes at this location.
E. Work conducted in an elevated position will require that:
1. Any person on CITY property working on or in an elevated
location (four feet above ground level) and unprotected by
handrails or guardrails must wear a safety belt or safety harness
and be tied off with a lanyard to a fixed object or support that will
restrict that person's fall to a"minimum distance."
2. Any person working from an electrical-line bucket truck will have
in use the appropriate fall protection device.
3. Any person on a pole or tree will have in use the appropriate gaffs,
belts, and/or harness.
4. Compliance with 29CFR 1910.269 is required.
F. Any person on CITY property, in an area where tools are being used that
cause or may cause flying particles or an area where there is a potential of
excessive dust or airborne particles, must wear, in addition to and over the
industrial safety glasses, either soft-sided goggles or a full face
shield/protector, and the appropriate respiratory protection equipment.
G. Where vehicular and/or pedestrian traffic is affected:
1. Maintenance of Traffic
The CONSTRUCTION MANAGER shall conduct his work so as
to interfere as little as possible with public travel, whether
vehicular or pedestrian. Whenever it is necessary to cross,
obstruct, or close roads, driveways, and walks, whether public or
private, the CONSTRUCTION MANAGER shall, at his own
expense, provide and maintain suitable and safe detours or other
temporary expedients for the accommodation of public and private
travel, and shall give reasonable notice to owners of private drives
before interfering with them. Such maintenance of traffic will not
be required when the CONSTRUCTION MANAGER has obtained
permission from the owner and tenant of private property, or from
the authority having jurisdiction over public property involved, to
obstruct traffic at the designated point.
2. Barricades and Lights
All streets, roads, highways, and other public thoroughfares, which
are closed to traffic, shall be protected by effective barricades on
which shall be placed acceptable warning signs. Barricades shall
be located at the nearest intersecting public highway or street on
each side of the blocked section and all other positions required by
applicable standards.
All barricades and obstructions shall be illuminated by means of
warning lights from sunset to sunrise. Materials stored upon or
alongside public streets and highways shall be so placed, and the
work at all times shall be so conducted, as to cause the minimum
obstruction and inconvenience to the traveling public.
All barricades, signs, lights, and other protective devices shall be
installed and maintained in conformity with applicable statutory
requirements and, where within railroad and highway rights-of-
way,as required by the authority having jurisdiction thereover.
All CONSTRUCTION MANAGER owned or controlled vehicles
and/or equipment, which will be operated on or within ten(10)feet
of the roadway will be equipped with a minimum of one amber
360 degree Class I warning device. This device must meet
minimum standards for utility construction purposes such as a
minimum of 500,000 candlepower and visible from 360 degrees of
mounting. The warning device(s) must be in operation at all times
that a vehicle/equipment is on the roadway or within the ten (10)
feet of runoff area and not in a"normal"travel status.
3. Damage to Existing Property
The CONSTRUCTION MANAGER will be held responsible for
any damage to existing structures, work, materials, or equipment
because of his operations and shall repair or replace any damaged
structures, work, materials, or equipment to the satisfaction of, and
at no additional cost to, the CITY, unless otherwise addressed in
the Agreement.
III. TOXIC SUBSTANCES
The CONSTRUCTION MANAGER shall be responsible for compliance with
Chapter 442, Florida Statutes, "Toxic Substances in the Workplace" (Right-To-
Know-Law)for its employees and the employees of any and all subcontractors the
CONSTRUCTION MANAGER brings on or causes to be on the project site.
The CONSTRUCTION MANAGER shall, between receiving the Agreement and
coming on the project site to begin work, provide the CITY'S field representative
with affidavits stating that ALL personnel the CONSTRUCTION MANAGER
brings on, or causes to be on the project site, have been given training on any
toxic substances said personnel will be working with or may be exposed to while
working at the job site.
The CONSTRUCTION MANAGER shall provide/give to the CITY'S field
representative a copy of manufacturer's MSDS for ANY and ALL "Toxic
Chemicals" used by or brought on the project site by the CONSTRUCTION
MANAGER or subcontractor prior to the substance(s) being delivered to the
CITY'S property.
The CONSTRUCTION MANAGER and/or subcontractor must be provided
MSDS(s) which is/are in the possession of the CITY upon receipt of a written
request. The CITY may establish reasonable procedures for acting upon such
requests to avoid interruption of normal work operations.
Before any work shall begin, the CONSTRUCTION MANAGER shall arrange a
meeting to advise CITY'S field representative about safety and any dangers CITY
employees will be subjected to, due to the presence of chemicals on the project
site.
IV. TRENCHING AND EXCAVATION
Trenching and excavation operations shall comply with the OSHA 29CFR 1926
Subpart P final rule.
A. Where CONSTRUCTION MANAGER work may interfere with other
utilities,the CITY shall be notified prior to encroachment unless otherwise
addressed in the Agreement.
B. The CITY has identified certain areas within its operations, which are
regulated by OSHA 29CFR 1910 Subpart Z. If the CONSTRUCTION
MANAGER'S work involves these affected areas,the CITY requires prior
to commencement of CONSTRUCTION MANAGER work that
applicable and acceptable written compliance programs and documented
certification/qualifications be provided to the CITY, management, and
safety personnel.
V. CONSTRUCTION MANAGER OPERATIONS SHALL COMPLY WITH
OSHA 29CFR 1910.269. Further CONSTRUCTION MANAGER operations
shall comply with 29CFR 1910.252 and NFPA 51B for cutting and welding
procedures.
VI. CONSTRUCTION MANAGER SHALL, WITHIN THIRTY (30) CALENDAR
DAYS of notification of award of Contract, and prior to commencement of work,
provide to the CITY, the CONSTRUCTION MANAGER'S written safety
compliance program(s).
VII. CURRENT INDEPENDENT CERTIFICATION for any CONSTRUCTION
MANAGER-provided bucket truck to be for the provision of services of this
Agreement shall be provided to the CITY prior to use of said bucket truck.
•
Exhibit"D"
INSURANCE REQUIREMENTS
Continuing Services Agreement
SPECIAL PROVISIONS
On the Commercial General Liability and Business Automobile Liability, the City of
Clermont shall be listed as an "additional insured" as their interest may appear. The
CITY shall not by reason of their inclusion under these policies incur liability to the
insurance carrier for payment of premiums for these policies. A renewal certificate shall
be issued thirty(30)days prior to expiration of coverage.
Where available all policies shall be of an occurrence type and provide a forty-five (45)
day notice of cancellation or modification of coverage. Prior to commencement of work,
the proper insurance certificates shall be provided to,and approved by the CITY.
DEDUCTIBLES: Given that the indemnification agreement is intended to be
supported by first dollars insurance policies, which require full disclosure of any and all
deductible for all coverage required by this specification or Contract, the only exception
will be the area of Workers' Compensation. The CITY reserves the right to determine
acceptable limits of such deductibles.
FIRST DOLLAR COVERAGE: To the extent that the CONSTRUCTION
MANAGER may elect to purchase insurance, which provides a deductible or (SIR) self
insure retention, the CONSTRUCTION MANAGER will assume liability to personally
indemnify the CITY to the same level of coverage required of their insurance carrier.
COVERAGE'S& LIMITS
COMMERCIAL GENERAL LIABILITY: This insurance shall be an "occurrence"type
policy written in comprehensive form and shall protect the CONSTRUCTION
MANAGER and the additional insured against all claims arising from bodily injury,
sickness, disease, or death of any person other than the CONSTRUCTION
MANAGER'S employees or damage to property of the CITY or others arising out of any
act or omission of the CONSTRUCTION MANAGER or his agents, employees, or
subcontractors. This policy shall also include protection against claims insured by usual
personal injury liability coverage, and to insure the liability assumed by the
CONSTRUCTION MANAGER under the article entitled INDEMNIFICATION and
COMPLETED OPERATIONS AND PRODUCTS LIABILITY coverage.
The liability limits shall not be less than:
Personal Injury and $1,000,000 Combined
Property Damage Single limit each occurrence
BUSINESS AUTOMOBILE LIABILITY: This insurance shall cover "any auto" type
for bodily injury and property damage. This shall include owned vehicles, hired and non-
owned vehicles,and employee non-ownership.
The liability limits shall not be less than:
Bodily Injury and $1,000,000 Combined
Property Damage Single limit each occurrence
WORKERS' COMPENSATION INSURANCE: The CONSTRUCTION MANAGER
shall take out and maintain during the life of this agreement, workers' compensation
insurance for all of his employees connected with the work of this project and in case any
work is sublet, the CONSTRUCTION MANAGER shall require the subcontractor
similarly to provide workers' compensation insurance for all of the latter's employees
unless such employees are covered by the protection afforded by the CONSTRUCTION
MANAGER. Such insurance shall comply fully with Florida Statutes, Chapter 440 and
the Florida Workers' Compensation Law. In case any class of employees engaged in
hazardous work under this contract at the site of the project is not protected under the
workers' compensation statute, the CONSTRUCTION MANAGER shall provide
adequate insurance, and cause such subcontractor to provide adequate insurance,
satisfactory to the owner, for the protection of his employees not otherwise protected.
PROFESSIONAL LIABILITY: CONSTRUCTION MANAGER shall carry
professional malpractice insurance in the amount of$1,000,000 throughout the term of
this Agreement and shall maintain such coverage for an extended period of three (3)
years after completion and acceptance of any work performed hereunder. At all times
throughout the period of required coverage, said coverage shall insure all claims accruing
from the first date of the Agreement through the expiration date of the last policy period.
In the event that CONSTRUCTION MANAGER shall fail to secure and maintain such
coverage, CONSTRUCTION MANAGER shall be deemed the insurer of such
professional malpractice and shall be responsible for all damages suffered by the CITY as
a result thereof, including attorney's fees and costs.
HOLD HARMLESS/INDEMNIFICATION
To the fullest extent permitted by laws and regulations, the CONSTRUCTION
MANAGER shall defend, indemnify, and hold harmless the CITY, its officers, directors,
, and employees from and against all claims, damages, losses, and expenses, direct,
indirect, or consequential (including but not limited to reasonable fees and charges of
engineers, CONSTRUCTION MANAGERs, attorneys, and other professionals and court
and arbitration costs) arising out of or resulting from any acts of omission or negligence
in the performance of the work by the CONSTRUCTION MANAGER, any
subcontractor, or any person or organization directly or indirectly employed by any of
them to perform or furnish any of the work or anyone for whose acts any of them may be
liable.
In any and all claims against the CITY, or any of its officers, directors, agents, or
employees by any employee of the CONSTRUCTION MANAGER, any subcontractor,
any person or organization directly or indirectly employed by any of them to perform or
furnish any of the work or anyone for whose acts any of them may be liable, this
indemnification obligation shall not be limited in any way by any limitation on the
amount or type of damages, compensation, or benefits payable by or for the
CONSTRUCTION MANAGER or any such subcontractor or other person or
organization under workers' or workmen's compensation acts, disability benefit acts, or
other employee benefit acts, nor shall this indemnification obligation be limited in any
way by any limitation on the amount or type of insurance coverage provided by the
CITY,the CONSTRUCTION MANAGER,or any subcontractors.
APPLICABILITY: It is the express intent of the CONSTRUCTION MANAGER that
this Agreement shall apply to all work or purchase orders incidental to the professional
graphical/geographical systems (GIS) and computer aided design (CAD) services
agreement.
SUBROGATION: The CONSTRUCTION MANAGER and any subcontractors shall
require their insurance carriers, with respect to all insurance policies, to waive all rights
of subrogation against the CITY, except for "Professional Liability" and workers' or
workmens' compensation. In the case of "Professional Liability," the
Engineer/CONSTRUCTION MANAGER and any subcontractors shall waive all rights
of subrogation except in situations where gross negligence is shown on the part of the
CITY.
RELEASE OF LIABILITY: Acceptance by the CONSTRUCTION MANAGER of the
last payment shall be a release to the CITY and every officer and agent thereof, from all
claims and liability hereunder for anything done or furnished for, or relating to the work,
or for any act or neglect of the CITY or of any person relating to or affecting the work,
unless expressly reserved in writing at the time that CONSTRUCTION MANAGER
submits its request for final or last payment.
COMPANIES ISSUING POLICIES:Each insurance policy issued hereunder shall be
issued by a company or companies authorized to do business in the State of Florida and
which have an A.M. Best Company rating of"A" or better and a Financial Size category
of"VII"or as otherwise approved by CITY, in its sole discretion.
By:
DATE: