Contract 2019-04A AGREEMENT FOR PROFESSIONAL
CONSTRUCTION MANAGER-AT-RISK SERVICES
THIS AGREEMENT is entered into as of this „gagait day of cJi -. 2019,
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 BURKHARDT CONSTRUCTION,INC.,a Florida Corporation whose
address is: 1400 Alabama Avenue, Suite 20, West Palm Beach, Florida,hereinafter referred to as
"CONSTRUCTION MANAGER".
WITNESSETH
WHEREAS,the CITY is in need of qualified and licensed construction manager-at-risk services for
the CITY's street scape projects;
WHEREAS,the CITY solicited proposals for services as more fully described and set forth in Request
for Qualifications(RFQ)No. 19-011;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 preparation of Guaranteed Maximum Price(GMP)value and
supporting documentation,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 in Section B—"Scope of Services"
of RFQ 19-011, attached hereto and incorporated herein as Exhibit"A".
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. It is expressly understood and agreed that City
will issue separate Notices to Proceed for the Downtown Streetscape Projects. It is agreed
and acknowledged by the parties that the scope of services for the Downtown Streetscape
Projects will be revised and therefore, any Notice to Proceed issued for that project will
include a revised scope of services and compensation as agreed to by the parties. Until
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such time as a Notice to Proceed is issued there is no right, entitlement or guarantee by
CITY to CONSTRUCTION MANAGER that any services will be required hereunder.
3.0 SCHEDULE
3.1 CONSTRUCTION MANAGER shall perform services in conformance with the mutually
agreed upon schedule consistent with the completion of pre-construction services and
issuance of the Guaranteed Maximum Price (GMP), and supporting documentation.
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"D",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. 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
statement identifying the period for which it applies and the sub-tasks or portions thereof.
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.
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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.
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"B", 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 alI requirements of federal, state and
local laws, rules, regulations, standards, and/or ordinances applicable to the performance
of this Agreement.
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11.0 REPRESENTATIONS
11.1 CONSTRUCTION MANAGER represents that the services provided hereunder shall
conform to all requirements of this Agreement, RFQ No. 19-011 and CONSTRUCTION
MANAGER'S December 6, 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
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.
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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.
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;
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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
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.
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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.
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: Burkhardt Construction,Inc.
Attn: Marc R. Kleisley, Vice President/Project Principal
1400 Alabama Avenue Suite 20
West Palm Beach, FL 33401
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.
27.0 MISCELLANEOUS
27.1 Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any
provision of this Agreement,the prevailing party shall be entitled to recover such sum as
the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition
to all other sums provided by law.
27.2 Waiver. The waiver by city of breach of any provision of this Agreement shall not be
construed or operate as a waiver of any subsequent breach of such provision or of such
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provision itself and shall in no way affect the enforcement of any other provisions of this
Agreement.
27.3 Severability. If any provision of this Agreement or the application thereof to any person
or circumstance is to any extent invalid or unenforceable, such provision, or part thereof,
shall be deleted or modified in such a manner as to make the Agreement valid and
enforceable under applicable law, the remainder of this Agreement and the application of
such a provision to other persons or circumstances shall be unaffected,and this Agreement
shall be valid and enforceable to the fullest extent permitted by applicable law.
27.4 Amendment. Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
27.5 Entire Agreement. This Agreement including the documents incorporated by reference
contains the entire understanding of the parties hereto and supersedes all prior and
contemporaneous Agreements between the parties with respect to the performance of
services by CONTRACTOR.
27.6 Assignment. Except in the event of merger, consolidation, or other change of control
pursuant to the sale of all or substantially all of either party's assets, this Agreement is
personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in
part,without the prior written consent of city.
27.7 Venue. The parties agree that the sole and exclusive venue for any cause of action arising
out of this Agreement shall be Lake County,Florida.
27.8 Applicable Law. This Agreement and any amendments hereto are executed and delivered
in the State of Florida and shall be governed, interpreted, construed and enforced in
accordance with the laws of the State of Florida.
27.9 Public Records. CONTRACTOR 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 CONTRACTOR upon termination of the
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contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. CONTRACTOR shall
use reasonable efforts to provide all records stored electronically must be provided
to the CITY in a format that is compatible with the information technology systems
of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on this a^--iday of
�G.nuary , 2019.
City o lermont �
•
Gail L. Ash, Mayor
Attest:
Tracy Ackroyd e, City Clerk
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Burkhardt Construction, Inc.
B tti .7
(Signature)
Marc R. Kleisley,Vice President
(Name& Title Printed or Typed)
A#La71.
tteest:
ko
Corporate Secretary
Sharon H. Burkhardt
(Name Printed or Typed)
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EXHIBIT "A"
SECTION — B
SCOPE OF SERVICES
The City of Clermont is soliciting contractors interested in providing Construction
Management at Risk (CMR) for the downtown streetscape projects. The downtown area
improvements will be done in multiple phases over a multi-year timeframe. The number
of years and the timetable for construction has not yet been determined, although it is
intended that construction will begin in the first quarter of 2019.
1 — PROJECT LIST
The proposed improvements include, but are not limited to: relocation and/or conversion
of existing overhead utilities (e.g. electric, telephone and cable TV) to underground
distribution; installation of new drainage and stormwater management facilities;
replacement and relocation of water& sewer distribution lines; streetscape improvements
including lighting, sidewalks, pavement, buildings, landscaping, signage and any other
work necessary to implement the components adopted by the City's Master Plan.
1.1 — Streetscape Improvements: Phase 1
The City of Clermont Downtown Phase 1 Street Scape project will consist of
redeveloping West avenue between W. Montrose St. and W. Osceola St, and West
Osceola Street from West Ave to 7th St.
The project will include demolition of roadway, curbing, sidewalk and storm drainage
system. Construction of new drainage collection system, new asphalt roadway and
parking, decorative brick street and parking, multipurpose trail, ADA sidewalks,
curbing, LID stormwater systems, minor adjustments to water services, landscaping,
irrigation, lighting and event power. The project covers 4 City Blocks approximately
2,000 LF of redevelopment, including 4 intersections, within an area of existing
businesses, residents, and active waterfront recreation area.
1.2 — Downtown Waterfront District: Phase 2
This area includes Minneola Street between 7th and 8th, as well as 8th Street from
Osceola Street to Montrose Street. The proposed improvements shall consist of
streetscape, landscaping, hardscape, street lighting, upgrades for event lighting and
power, music and fiber conduit. Brick treatment is proposed in this area. In addition,
we propose creating a revised park at the 8th Street Pier named "Meet in the Middle"
Plaza. This plaza will be the demarcation and celebration of the half waypoint of the
Coast-to-Coast Trail. This plaza will be the demarcation and celebration of the half
waypoint of the Coast-to-Coast Trail. A destination will be created for sports tourist,
visitors and event attendees to highlight the center of the trail. On the left you will
notice a shade sail seating area with tables and chairs, a midpoint selfie spot will be
added with the Clermont Champion and Lake Minneola as a back drop for people to
RFQ No: 19-011
Page 10 of 41
SECTION — B
SCOPE OF SERVICES
commemorate their visit to the center of the Coast to Coast trail. Lounge chairs will
be provided along the edge of the promenade for lake and event viewing. Specific
design elements will be integrated throughout the project to provide and encourage
separation between trail users and pedestrians. The third aspect of this project
includes the extension of the South Lake Trail (Legacy Loop Trail)from Osceola Street
and 7th Street completing the missing portion on Minneola Avenue to Victory Way at
Victory Pointe Park. The trail will also be extended along Minneola Avenue to
Montrose Street on 7th Street.
1.3 — Streetscape Improvements: Phase 3
This area includes Montrose Street between West Avenue and Lake Avenue,
including a portion of 7th Street. The proposed improvements shall consist of
streetscape, landscaping, hardscape, street lighting, upgrades for event lighting and
power, music and fiber conduit. Flush curbs/festival curbing on Montrose Street and
7th Street will allow the street to be blocked off and utilized as a large flexible open
space for events, markets, festivals and concerts. A focal point will be created at City
Hall Park to anchor downtown visitors, creating a destination and meeting point in the
heart of downtown Clermont. As you can see from this rendering, City Hall Plaza Park
will be designed to be a destination and gathering point for the many downtown events
and festivals. The stairs to City Hall will be expanded to create a stage area and a
fountain will be placed to create a focal point for visitors. Seating and shade seating
is proposed. An interactive board will be located to highlight upcoming events,
locations of interest and other items of interest.
2 — SCOPE OF WORK
The intent of this Request for Qualifications is for the City to potentially select a
Construction Management firm capable of providing management services necessary to
construct the improvements in the downtown area as provided above. Firms responding
to this RFQ must be a minimum of five (5) years of experience as a Construction
Management Services provider.
The City intends to use two (2) separate contracts for CMR services for the project. The
first contract would be for the Pre-Construction Services and the second for the
Construction Services as identified below. A separate contract will be entered into for
each construction phase of project. Based on each Guaranteed Maximum Price (GMP)
proposal given under the Pre-Construction Services, the city may or may not proceed
with Construction Services. If the GMP is not acceptable to the City, the City reserves
the right to discontinue the Construction Phase without recourse or liability.
The types of services required may include, but is not limited to, the following:
RFQ No: 19-011
Page 11 of 41
SECTION — B
SCOPE OF SERVICES
2.1 — Pre-Construction Services
The CM shall function as an agent of the City, shall be paid a fixed fee for services
performed and shall be an integral part of the design team.
• Review and coordinate the work that the architect, engineer and/or the owner
prepare for the project, within the existing site conditions.
• Attend all design team meetings and review preliminary design drawings and
specifications.
• Review of proposed construction materials and systems.
• Submit to the architect, engineer and owner for consideration, appropriate cost
and savings programs (value engineering).
• Coordinate competitive bidding and contractor for trade subcontractors.
• Calculate and provide a Guaranteed Maximum Price (GMP) for the project or
each phase of the project.
Note: All bids, quotes, etc. received by the CM from their perspective subcontractors
shall be subject to City review and as such, all financial information relative to the
project shall be made available at any time to the City and the design team.
2.2 — Construction Services
The CM shall become the single point of responsibility for performance of the
construction contract for the streetscapes improvements. The CM shall function in the
role as the general contractor and be responsible for the successful, timely, quality
and economical completion of the projects and insure compliance with all insurance
requirements and safety programs.
The CM shall provide overall coordination, management, supervision and scheduling
of the work of each contractor/subcontractor and the work of all separate multi-prime
contractors with each other and with the activities and responsibilities of the CM and
the Architect/Engineer so as to complete the project in accordance with the City's
objectives of safety, cost, time and quality. The CM shall be responsible for the
presentation of the bid packages and will serve under the at-risk model. The CM shall
maintain accurate records for the City to include direct and indirect costs of services
and equipment, change orders, direct purchases and both bidding and construction
time lines. Other construction services general duties of the CM shall include but not
be limited to the following:
• Provide insurance coverage and Performance and Payment Bonds for 110% of
value of the Guaranteed Maximum Price (GMP) for each phase of the project.
• Coordinate and insure compliance with all insurance requirements.
RFQ No: 19-011
Page 12 of 41
SECTION — B
SCOPE OF SERVICES
• Prepare an overall Construction Management Plan for the project.
• Prepare a construction schedule that will be updated throughout the construction
phase.
• Apply for, obtain, coordinate and pay for all permits, inspections and tests, and
oversee quality assurances.
• Ensure quality control and value engineering drawings and specifications to
construct the project at or below the authorized budget amount.
• Prepare monthly construction progress reports during the construction phase
summarizing the work of the various subcontractors.
• Hold weekly construction progress meetings with City, design team, and trade
contractors. Maintain a daily construction diary during the construction phase
describing events and conditions on the site. Copies of this diary are to be
provided to the City and Engineer on a monthly basis as a supplement to the
construction progress reports.
• Prepare a monthly construction costs status report that will include the budget,
schedule of values, and awarded purchase orders for any given contract or
budgeted line item. All approved change orders for each contract will be
incorporated into the status report.
• Provide assistance with selection and procurement of City supplied materials and
owner direct purchases.
• Provide project close out documents
• Assist City with construction cost details/breakdowns for grant funding, when
necessary.
• Ensure the successful, timely, and economical completion of the project or
phases of the project.
• Create, maintain, and present an overall construction schedule and Schedule of
Values for the project of phases of the project.
3 — GUARANTEED MAXIMU PRICE
The successful CM shall prepare and submit a Guaranteed Maximum Price (GMP)
proposal to the City after completion of the pre-construction services phase of the project.
The GMP proposal must be prepared in accordance with the guidelines and delivered in
the format specified by the City. The City, at its sole option and discretion, may specify
different requirements for the GMP proposal. The CM shall not withdraw its Guaranteed
Maximum Price proposal for ninety (90) days following submission to the City.
The CM shall submit the GMP proposal in a bound format which shall include but not
limited to the following:
• Cover sheet including project title and City project number.
RFQ No: 19-011
Page 13 of 41
SECTION — B
SCOPE OF SERVICES
• Summary sheet of GMP Proposal shall include subcontractor bids, allowances,
contingencies, bonds, insurance, conditions, and exclusions. This sheet shall also
contain contract time, construction start date, date of submittal completion, date of
final completion, critical patch schedule, and proposes work hours.
• Schedule of Values
• Detailed summary of general conditions.
• Allowance list statement amount and uses.
• Proposed subcontractor list.
• List of all solicited contractors.
• Subcontractor bid sheets with proposed selected contractors highlighted.
• Plans, drawings, and specifications specific to the GMP.
• Any supporting documents reference in the GMP.
After appropriate general review, and comparison of the initial GMP proposed by the CM
with the City's projected budget, the City may accept or reject the GMP proposed by the
CM, or attempt to negotiate its amount and its terms and conditions with the CM. An
initial proposed GMP value in excess of 5% of the projected project budget shall serve as
cause for rejection or negotiation of the initial GMP proposed by the CM. If the City rejects
the GMP initially proposed by the CM, or the parties are unable to reach agreement of a
negotiated GMP value, then the City may elect to utilize the services of an independent
cost estimator to determine whether the initial or negotiated GMP value proposed by the
CM is accurate and realistic. If the independent estimate supports a determination that
the GMP value is accurate and realistic, the design architect shall be tasked by the City
to revise the plans to support preparation of a GMP that falls within 5% of the projected
project budget. If the independent estimate supports a determination that the GMP value
proposed by the CM s not accurate and realistic, the City may then terminate the contract
with the CM without payment of all, or any portion of, the Pre-Construction Services fee
to the CM.
At such time the GMP preparation process results in a mutually agreeable GMP value,
the City will document its acceptance thereof in writing and both parties shall execute a
contract amendment for the project that incorporates the GMP and its supporting
documents into the contract.
The CM scope of basic and additional services shall be detailed and subject to a final
determination of the project scope and size and careful negotiation and coordination
between the selected CM and the City.
RFQ No: 19-011
Page 14 of 41
SECTION — B
SCOPE OF SERVICES
4 — CONTRACT AWARD
In accordance with the Pre-Construction Services and Construction Services identified
above, the City anticipates entering into contracts for specific projects with the respondent
who submits the qualifications judged by the City to be the most advantageous to the
City. The City anticipates awarding a contract to the sole respondent chosen, but
reserves the right to award in any fashion that in its sole determination, finds in its best
interest.
The respondent understands that this RFQ does not constitute an agreement or a
contract with the City. An official contract or agreement is not binding until the submission
is reviewed and accepted by the City Council and executed by all parties.
The City reserves the right to reject all proposals, to waive any informality, and to solicit
and advertise for other proposals.
A standard City contract will form the basis of the contract between the Construction
Management firm and the City. Additional terms and conditions may be added to the
contract through negotiations with the successful respondent(s).
5 — DEVELOPMENT COSTS
Neither the City nor its representatives shall be liable for any expenses incurred in
connection with the preparation of a response to the RFQ. Respondents should prepare
their submittals simply and economically, providing a straightforward and concise
description of the respondent's ability to meet the requirements of the RFQ.
END OF SECTION — B
RFQ No: 19-011
Page 15 of 41
EXHIBIT "B"
SECTION — A
RESPONSE PROCEDURES
9 — RESERVATION OF RIGHTS TO THE CITY
The issuance of this solicitation and the acceptance of responses do not constitute an
agreement by the City that it will enter into a contract with any of the respondents to this
solicitation.
The City reserves the right to extend the response due date, request additional
information from any and all respondents, reject any and all responses, to enter into
negotiations with the next qualified respondent(s) if negotiations with the top respondent
do not result in an agreement, cancel the project, and/or re-advertise the solicitation. The
City reserves the right to disqualify any respondent at the sole discretion of the City.
By submitting a response and subsequent information, the respondents waive the right
to object to the exercise of the City's right to disqualify a respondent and/or a response,
either now or in the future.
10 — RESPONSE EXPENSES
All cost associated with the preparation to this response shall be the sole responsibility of
the respondent, including but not limited to document preparation, and any and all travel
expenses.
11 — INSURANCE REQUIREMENTS
The selected respondent(s) shall be required to provide proof of insurance within five (5)
business days of request, in the amounts indicated below.
All suppliers performing work on City property or public right-of-way shall provide the City
a certificate of insurance evidencing the coverage provisions identified herein.
Respondents shall provide the City evidence that all subcontractors performing work on
the project have the same types and amounts of coverage as required herein or that the
subcontractors are included under the contractor's policy. The City, at its own discretion
may require a certified copy of the policy.
Listed below are the types and amounts of insurance required. The City reserves the
right to amend or require additional types and amounts of coverage or provisions
depending on the nature of the work.
1. General Liability with limits of liability $5,000,000 per occurrence for bodily injury
XX property damage to include Premises/ Operations; Products, Completed
Operations and Contractual Liability. Contractual Liability and Contractual
RFQ No: 19-011
Page 5 of 41
SECTION — A
RESPONSE PROCEDURES
Indemnity (Hold harmless endorsement as written in Section-E, Terms and
Conditions, No. 35).
Products-Completed Operations $5,000,000 (aggregate).
Personal injury-advertising liability$3,000,000 (each occurrence).
Fire damage legal $100,000 (each occurrence).
Medical payments $50,000.
XX 2. Automobile Liability - $1,000,000 each occurrence – owned/non-owned/hired
automobiles included.
3. Workers' Compensation and Employer's Liability per the statutory limits of the
XX State of Florida ($100,000 each accident and $100,000 each employee with
$500,000 policy limit for disease).
4. Excess Liability- $ . 00 per occurrence to follow the primary coverage.
XX 5. The City of Clermont must be named as an Additional Insured with regards to
General Liability policies; and it must be stated on the certificate.
6. Other insurance as indicated:
X Builders Risk Completed Value 100% Completed Value
Garage Keeper Liability $ .00
Garage Liability $ .00
Liquor Liability $ .00
XX _ Fire Legal Liability $ .00
Pollution Liability $ .00
Protection and Indemnity $ .00
Employee dishonesty Bond $ .00
—
Professional Liability/ Errors & Omissions $ .00
—
Other $ .00
—
XX 7. Thirty (30) days written cancellation notice required.
XX 8. Best's guide rating B+:VI or better, latest edition or as otherwise acceptable to
the City.
XX 9. The certificate must state the solicitation number and title.
Respondent shall provide with response either an Accord form or signed letter
from insurance company agency, on its letter head, stating current insurance or
that can receive the required insurance coverage.
RFQ No: 19-011
Page 6 of 41
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
S3.19-74 (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.
BURKHARDT
CONSTRUCTION, ENC.
Vincent G.Burkhardt " 1'i
President EXHIBIT "D ;< ;
January 11,2019
City of Clermont
685 W. Montrose Street
Clermont,FL 34711
Attn: Mr.James Kinzler,Assistant City Manager
RE: RFQ No. 19-011 Construction Manager at Risk
Downtown Streetscapes
Preconstruction Services Proposal—Phase I
Dear Mr.Kinzler:
Burkhardt Construction,Inc. (BCI),acting as Construction Manager at Risk(CMAR)is pleased
to provide this proposal to the City of Clermont(Owner)for Pre-construction Services for City of
Clermont Streetscape Phase I—West Avenue&West Osceola Street.The work designed and to
be constructed is generally described as traffic control,demolition,grading,earthwork,gravity
sewer,storm drainage,roadway reconstruction, concrete work,pavers,street lighting and
electrical,landscaping,and irrigation along the length of the project area.As CMAR,BCI shall
function as an agent of the Owner,shall be paid a fixed fee for services performed and shall be an
integral part of the design team. Pre-construction services will include:
• Preconstruction meeting attendance;
• Review and input of schedule;
• Review of proposed construction documents;
• The development of Guaranteed Maximum Price(GMP)for the construction of the
facilities based on the design.
1400 Alabama Avenue •West Palm Beach, Florida 33401 •(561)659-1400 • Fax(561)659-1402
BURKHARDT
CONSTRUCTION, CNC_
Pre-construction services shall be rendered and invoiced in the following format:
TASK I
PRE-CONSTRUCTION PROGRESS MEETINGS
The scope includes the CMAR to participate in team progress meetings,attended by the
CMAR,Design Professionals,Owner and others as requested. It is anticipated that these
meetings will be held at the Owner's office,Design team's office or location as designated by the
Owner.
Estimated 2 meetings required.
Public meetings and presentations shall be as directed by the Owner and may be
requested at any time. The public outreach shall consist of the CMAR facilitating a meeting with
the residents and public to discuss the project. The presentation shall include introduction of the
project team,who&how to contact team individuals,discussion of the project sequences,project
phasing/schedule,pedestrian/traveling public access during construction and additional details as
requested by the Owner.
Estimated 2 meetings anticipated
TASK I—TOTAL LUMP SUM FEE $5,240.00
TASK II
PRE-CONSTRUCTION AND CONSTRUCTION PHASE SCHEDULING
Based on the provided information,CMAR will develop a master Pre-Construction phase
bar chart schedule incorporating design development,permitting,plan review,guaranteed
maximum price preparation,submittal review&approval,long lead item identification&
procurement,informational meetings with the adjacent property owners along with construction
phase sequencing.
TASK II—TOTAL LUMP SUM FEE $1,440.00
TASK III
PLAN REVIEW/CONSTRUCTABILITY REVIEW
This scope includes review of the plans as provided by the Design Team. The review
shall report to the Owner any design criteria which may present considerable constructability
challenges. This scope also will assist the Design Team in any plan modifications and re-design.
This scope does not include a cost estimate.
TASK III —TOTAL LUMP SUM FEE $3.520.00
1400 Alabama Avenue •West Palm Beach, Florida 33401 • (561)659-1400 • Fax(561)659-1402
E3URKHARDT
CONSTRUCTION, iNC.
TASK IV
GUARANTEED MAXIMUM PRICE(GMP)-90% Plans
BCI will prepare and submit a GMP to the Owner after completion of the pre-
construction services phase of the project. The GMP proposal will be prepared in accordance
with the guidelines and delivered in the format specified by the Owner. The Owner,at its sole
option and discretion,may specify different requirements for the GMP proposal. The GMP will
be valid for 90 days after submission. BCI will submit the GMP proposal in a bound format
which will include,but not be limited to the following:
• Cover sheet including project title and Owner project number;
• Summary sheet of GMP Proposal including subcontractor bids,allowances,
contingencies,bonds,insurance,conditions and exclusions. This sheet will also contain
contract time,construction start date,date of substantial completion,date of final
completion,critical path schedule and proposed work hours
• Schedule of values
• Detailed summary of general conditions
• Allowance list statement amounts and uses
• Proposed subcontractor list
• Subcontractor bid sheets
• Plans,drawings and specifications specific to the GMP
• Any supporting documents referenced in the GMP
At such time as the GMP preparation process results in a mutually agreeable GMP value,
the Owner will document its acceptance thereof in writing and both parties shall execute a
contract amendment for the project that incorporates the GMP and its supporting documents into
the contract. CMAR's scope of basic and additional services shall be detailed and subject to a
final determination of the project scope and size and careful negotiation and coordination
between BCI and the Owner.
TASK IV—TOTAL LUMP SUM FEE $21,800.00
TOTAL PRECONSTRUCTION SERVICES FEE ALL TASKS I THROUGH IV:
$32,000.00
1400 Alabama Avenue•West Palm Beach, Florida 33401 • (561)659-1400 • Fax(561)659-1402
EURKHARDT
COF'JGTRLJCTION, WC.
ALTERNATE TASK: NOT INCLUDED
All tasks and fees include supplies,presentation materials,equipment, personnel,travel and
related costs associated with performing the services described.
Presentation and acceptance, by the Owner,of a mutually acceptable GMP shall conclude
preconstruction services.
We have attached our current hourly rates for your use should additional pre-construction
services be requested.
Thank you for the opportunity to submit this pre-construction services proposal. If you have any
questions on this proposal,please contact us at(561) 659-1400.
Submitted By:
Construction Manager
Burkhardt Construction,Inc.
Marc R. Kle'sley T. le: Vice President
Accepted by:
Owner
City of Clermont
By:
Printed Name
Title:
Date:
Upon your acceptance of this letter agreement Burkhardt Construction, Inc. shall begin work
immediately. Please return one original for our files.
1400 Alabama Avenue•West Palm Beach, Florida 33401 • (561)659-1400• Fax(561)659-1402
BURKHARUT
CDNSTRL G T IDf''•J, SNC.
Hourly Rates For Additional Requested
Pre-Construction Services
Name Position Rate
Vincent G. Burkhardt President/Proj. Principal $300.00
Sharon H. Burkhardt Secretary/C.P.A. $200.00
Dennis E. Haynes Vice President/Proj. Principal $200.00
Marc R. Kleisley Vice President/Proj. Principal $200.00
Anthony Sabatino Senior Project Manager $150.00
Bill Zammit Vertical Project Manager $150.00
Adam Rossmell Project Manager $120.00
CJ Rhody Project Manager $120.00
Brandon Rhodes Project Manager $120.00
Christopher Quenneville Const. Field Mgr./Estimator $100.00
Scott Murray Const. Field Mgr./Estimator $100.00
Karl T. Kaminski Const. Field Mgr./Estimator $100.00
Hemant Tank Asst. PM/Estimator/Cost Engineer $90.00
Diane Decker Property Owner Outreach $75.00
Sarah B. Hoadley Accounting Manager/M.B.A. $90.00
Katy Pantaleon Accounting $75.00
Kristy Arnold Admin. Ass't/Secretarial $50.00
Melissa McGraw Marketing/Graphics $55.00
Hourly rates include all necessary supplies, transportation,communication,overhead and profit.
1400 Alabama Avenue•West Palm Beach, Florida 33401 •(561)659-1400 • Fax(561)659-1402