HomeMy WebLinkAboutR-2025-096 Construction Manager at Risk Agreement for Construction at P.J. MeliRESOLUTION NO. 2025-096
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN AGREEMENT PURSUANT TO CITY REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 25-011 ENTITLED, “CONSTRUCTION MANAGEMENT AT RISK SERVICES” FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO NEW
CONSTRUCTION AT P.J. MELI AQUATIC COMPLEX TO BURKHARDT
CONSTRUCTION, INC., IN THE AMOUNT OF EIGHTY EIGHT THOUSAND SIX HUNDRED AND SIXTY DOLLARS ($88,660.00) FOR PRE-CONSTRUCTION SERVICES, WITH A MUTUALLY AGREED UPON GUARANTEED MAXIMUM PRICE (“GMP”) TO BE PROVIDED ONCE THE
DESIGN REACHES COMPLETION AND ESTABLISHING THE PROCESS
FOR CONSTRUCTION SERVICES ONCE GMP IS APPROVED; AND TO EXCEED AN ANNUAL VENDOR EXPENDITURE THRESHOLD OF FIFTY THOUSAND DOLLARS ($50,000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 2025-094 adopted on June 24, 2025, the City
Commission authorized the City Administration to begin contract negotiations with the top ranked
firm, Burkhardt Construction, Inc., related to RFQ No. 2025-011 entitled “Construction
Management at Risk Services” for PJ Meli Aquatic Complex Park Improvements; and
WHEREAS, the City Administration recommends approval of the Agreement which is
attached as “Exhibit A”, and is made a part of and incorporated into this Resolution by this
reference, in the amount of Eighty-Eight Thousand Six Hundred and Sixty Dollars ($88,660.00)
for Pre-Construction Services, and the structure for development the mutually agree upon GMP,
upon completion of the design; and
WHEREAS, this expenditure will exceed the annual Fifty Thousand Dollars ($50,000.00)
City purchase threshold for a single vendor, requiring City Commission approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
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Section 3. That the proper City officials are authorized to execute an Agreement with
Burkhardt Construction, Inc. for the Construction Manager at Risk Services for the PJ Meli
Aquatics Center Park Improvements in the amount of Eighty-Eight Thousand Six Hundred and
Sixty Dollars ($88,660.00) for Pre-Construction Services, which amount will exceed the annual
vendor threshold of $50,000.00 and to approve the structure for developing the mutually agreed
upon GMP, upon completion of the design.
Section 4. The funding for the Construction Manager at Risk is available with the
Parks Masterplan Construction Fund and shall be appropriated to Profession Services account
Number 302-72-08-572-31-10.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on July 8, 2025.
Motion by Vice Mayor Salvino second by Commissioner Lewellen.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS CITY ATTORNEY
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CONSTRUCTION MANAGER-AT-RISK CONTRACT
This Contract made and entered into this _______ day of _______________, 2025 between
The City of Dania Beach, a political subdivision of the State of Florida ("Owner"), located at 100
West Dania Beach Boulevard, Dania Beach, Florida 33004, and Burkhardt Construction, Inc.
(“Construction Manager or CM”), a Florida Corporation, having its principal office located at 1400
Alabama Avenue, West Palm Beach, Florida 33401.
WITNESSETH:
WHEREAS, the City of Dania Beach has approved using the Construction Manager at Risk
approach for the project identified in the Request for Qualifications 25-011 ("RFQ"), and
specifically the Scope of Services identified in Article 3 of the RFQ (the “Project"); and
WHEREAS, the Construction Manager has been selected to provide construction
management services for the Project; and
WHEREAS, the City desires to engage the services of the Construction Manager to
provide management of the necessary construction, design, and preconstruction services
(collectively referred to as the “Services”) subject to the terms and conditions set forth in this
Contract and any agreement incorporated into this Contract by reference; and
NOW, THEREFORE, for and in consideration of the mutual promises, covenants and
agreements set forth herein, and for other good and valuable consideration, the receipt and
sufficiency of which are herein acknowledged, the Owner and the Construction Manager agree as
follows:
ARTICLE 1
CONSTRUCTION MANAGER’S SERVICES
AND RESPONSIBILITIES
1.1 GENERALLY
The Construction Manager (CM) is the Owner’s fiduciary responsible for undertaking
all necessary action contemplated under this Contract to (a) establish during the design phase a
Guaranteed Maximum Price (GMP) to construct the Project (construction management) and (b)
ensure timely and quality completion of the project at a cost within the GMP (general contracting).
“Construction Manager” or “CM” as used in this Agreement means Construction
Manager at Risk (CM at Risk).
1.1.1 The intent of this Agreement is that the Construction Manager shall (a) provide all
of those services, furnish any required materials and labor, and enter into and cause to be performed
all Trade Contracts necessary to achieve complete, correct and timely completion of the complete
construction of the Project in accordance with the Contract Documents (the “Work”) and (b)
warrant all of such Work and services as provided herein.
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1.1.2 The Construction Manager covenants with the Owner to further the interests of the
Owner by furnishing the Construction Manager’s best skill and judgment in cooperation with the
Architect. The Construction Manager agrees to furnish business administration and management
services and to perform in an expeditious and economical manner consistent with the interests of
the Owner.
1.1.3 The Contract Documents ("Contract Documents") consist of this Contract, the
General Conditions, and the following Exhibits, all hereto attached and made a part hereof:
A List of Drawings, Specifications, and Addenda issued prior to execution of this
Contract (incorporated herein by reference)
B Certificate of Insurance- Worker's Compensation and Liability Coverage
C Project Construction Budget/Schedule of Values (GMP)
D Payment and Performance Bonds
E Project Schedule
F Solicitation and Construction Manager’s Response Documents.
1.1.4. By executing this Agreement, the Construction Manager makes the following
express representations and warranties to the Owner:
(a) The Construction Manager is professionally qualified to act as a construction
manager for the Project and has, and shall maintain, any and all licenses, permits or other
authorizations necessary to act as a construction manager for the Project;
(b) The Construction Manager has become familiar with the Project site and the
local conditions under which the Project is to be designed, constructed and operated; and,
(c) The Construction Manager assumes full responsibility to the Owner for the
improper acts and omissions of its consultants, the Trade Contractors, or others employed
or retained by it in connection with the Project.
(d) The Construction Manager accepts the relationship of trust and confidence
established with the Owner by this Contract, and covenants with the Owner to furnish the
Construction Manager's best skill and judgment in furthering the interests of the Owner,
and to cooperate with the Owner and Architect in furthering the interests of the Owner.
(e) The Construction Manager agrees to furnish efficient business administration
and supervision; to furnish at all times an adequate supply of workers and materials; and
to use Construction Manager's best efforts to perform and complete the Project in an
expeditious and economical manner consistent with the interests of the Owner.
1.1.5 Construction Manager understands and agrees that a material inducement for the
Owner entering into this Contract, following a competitive award process authorized under Florida
law, was Construction Manager's representations about its expertise in the scheduling, sequencing
and construction of the Project, as well as its superior familiarity with the unique local conditions
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and geography of the City of Dania Beach, Florida, and the jobsite area. Construction Manager
understands that time is of the essence in connection with the performance of the Work set forth
in this Contract, and that even a minor breach of its terms may have a substantial, adverse impact
upon the Owner, adjacent merchants, and the seasonal nature of City of Dania Beach's economy,
including the lifestyles of its residents and visitors. Accordingly, Construction Manager hereby
affirms that the foregoing is true and correct, and that all anticipated costs to achieve the schedule
and design intent have been included in the Guaranteed Maximum Price ("GMP") for the Project.
1.1.6 Terms used in the Contract shall have the following meanings:
1.6.1 "Owner" means The City of Dania Beach, Florida, or "City," and the terms may be used
interchangeably;
1.6.2 "Design Professional" shall mean Architect, Engineer and other licensed Design
Professionals engaged by the City;
1.6.3 "Subcontractor" means Trade Contractor, and the terms may be used interchangeably;
1.6.4 "Contract Sum" means Guaranteed Maximum Price ("GMP"), and the terms may be used
interchangeably;
1.6.5 "Construction Team" means Owner, Architect and Construction Manager; and
1.6.6 "Work" means the totality of the obligations, including construction and other services,
imposed on the Construction Manager by the Contract Documents, whether completed or partially
completed, and including all labor, materials, equipment, services, fees, expertise and incidentals
provided or to be provided by the Construction Manager to fulfill the Construction Manager's
obligations.
NOTHING CONTAINED HEREIN SHALL IN ANY MANNER WHATSOEVER
SUPERSEDE, LIMIT OR RESTRICT ANY OTHER REPRESENTATION OR WARRANTY
SET FORTH ELSEWHERE IN THE CONTRACT DOCUMENTS.
ARTICLE 2
CONSTRUCTION MANAGER'S BASIC SERVICES
2.0 The Construction Manager's Basic Services under this Contract include Preconstruction
Phase services, as addressed below, and Construction Phase services.
2.1 Preconstruction Phase Services.
2.1 The Preconstruction Phase. It is the intent of the Construction Manager at Risk project
delivery system to engage the Construction Manager as an active participant in the design process
working with the Owner and Architect/Engineer in achieving a mutually agreed upon project
budget and project scope. The Construction Manager shall:
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2.1.1 Provide preconstruction deliverables consisting of constructability review, staging and
maintenance of traffic approaches, together with a Guaranteed Maximum Price ("GMP") proposal,
and other items as the parties deem warranted. The Construction Manager shall advise on site use
and improvements, selection of materials, building systems and equipment and methods of Project
delivery. Provide recommendations on relative feasibility of construction methods, availability of
materials and labor, time requirements for procurement, installation and construction, and factors
related to cost including, but not limited to, cost of alternative designs or materials, preliminary
budgets and possible economies as detailed in Subparagraphs 2.1.2 through 2.1.8 below, including
the schedule and a detailed cost estimate.
2.1.2 Review designs during their development. Proactively advise the Architect with regard to
the most effective approach for designing the project regarding issues of onsite use and
improvements, selection of materials, building systems and equipment. Provide recommendations
on relative feasibility of construction methods, compliance with applicable laws, codes, design
standards, and ordinance, availability of materials and labor, time requirements for procurement,
installation and construction and factors related to cost including, but not limited to, costs of
alternative designs or materials, preliminary budgets and possible economies, while maintaining
the Owner's design objectives.
2.1.3 Provide, for the Architect/Engineer's and the Owner's review and acceptance, a Project
Schedule that coordinates and integrates the Construction Manager's services, the
Architect/Engineer's services and the Owner's responsibilities with anticipated construction
schedules. The Construction Manager shall update this schedule periodically, as required.
2.1.4 Prepare for the Owner's approval a detailed estimate of Construction Cost, as defined in
Article 8 herein, developed by using estimating techniques which anticipate the various elements
of the Project, and based on design documents prepared by the Architect/Engineer. Update and
refine the estimate at 30%, 60% and 90% Construction Documents, or as otherwise mutually
agreed upon by the parties. Advise the Owner and the Architect/Engineer if it appears that the
Construction Cost may exceed the Project budget. Make recommendations for corrective action.
2.1.5 Coordinate Contract Documents by consulting with the Owner and the Architect/Engineer
regarding Drawings and Specifications as they are being prepared, and recommending alternative
solutions whenever design details affect construction feasibility, cost or schedules.
2.1.6 The Construction Manager agrees that time is of the essence in maintaining the project
schedule. In an effort to achieve the project schedule, the Architect/Engineer will rely upon the
input and recommendations of the Construction Manager in preparing the project documents,
recognizing that cost is one of a number of issues which will influence the selection of building
components and systems.
2.1.7 It is incumbent upon the Construction Manager to advise the Architect/Engineer of
recommended building components and systems before the design professionals have
comprehensively documented the materials, systems and equipment within the project.
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2.1.8 Develop a Project Construction Schedule providing for all major elements such as phasing
of construction and times of commencement and completion required of each Trade Contractor.
Provide the Project Construction Schedule for each set of bidding documents. Review the drawings
and specifications and make recommendations as required to provide that (1) the Work of the
separate Trade Contractors is coordinated, (2) all requirements for the Project have been assigned
to the appropriate separate Trade Contract, (3) the likelihood of disputes has been minimized, and
(4) develop a plan for the phasing of construction if phasing is required.
2.1.8.1 Establish a schedule for the purchase of materials and equipment requiring long lead time
procurement and coordinate the schedule with the early preparation of portions of the Contract
Documents by the Architect/Engineer. Expedite and coordinate delivery of these purchases.
2.1.9 Provide an analysis of the types and quantities of labor required for the Project and review
the availability of appropriate categories of labor required for critical phases. Develop bidding
packages designed to minimize adverse effects of labor shortages.
2.1.10 Make recommendations for pre-qualification criteria for bidders and develop bidders'
interest in the Project. Establish bidding schedules. Provide the Project Construction Schedule for
each set of Bidding Documents.
2.1.11 With the Architect’s assistance, receive bids, prepare bid analyses and make
recommendations to the Owner concerning the qualifications of Trade Contractors or rejection of
bids.
2.1.12 Schedule and conduct monthly meetings of the Construction Team and prepare and
distribute minutes.
2.1.13 Based upon Drawings and Specifications produced by the Architect/Engineer, develop a
GMP proposal(s) at 90% Construction Documents, or as otherwise mutually agreed upon by the
parties, including, a Project Construction Schedule, itemized by Trade Contract, for phases of
Work as required by the Owner. If the documents as prepared by the Architect/Engineer are not
adequate for the development of a Guaranteed Maximum Price, the Construction Manager shall
notify the Owner immediately, prior to developing the GMP. All assumptions made by the
Construction Manager in the development of the GMP shall be specifically listed in the GMP
proposals, and the GMP will not be adjusted due to assumptions made by the Construction
Manager, but not included in the GMP proposal.
2.1.13.1 If the GMP proposal is accepted, in writing, by the Owner, it will become an Amendment
to this Contract which will establish the GMP and Contract Time for the Work. A Public
Construction Bond acceptable to Owner must be executed simultaneously with the GMP
Amendment.
2.1.13.2 If the GMP proposal is not accepted by the Owner, the Owner shall notify the
Construction Manager in writing. The Construction Manager shall then recommend adjustments
to the Work through value engineering. The Construction Team and Owner will discuss and
negotiate these recommendations for no more than sixty (60) calendar days, unless an extension is
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granted in writing by the Owner. If an acceptable GMP is not developed, negotiations may be
terminated, and the Owner may initiate negotiations with another Construction Manager or solicit
the work.
2.2 Construction Phase Services.
Unless otherwise authorized by the Owner, in writing, all Work shall be performed under
Trade Contracts with the Construction Manager. The Construction Manager shall not bid on any
of the Trade Contractor Work, or perform such Work with its own forces, without prior written
notification and consent of the Owner. During the Construction Phase of the Project, the
Construction Manager shall perform the following services.
2.2.1 Administer the Construction Phase as provided herein and in the General Conditions of the
Contract.
2.2.2 Commence the Work within ten (10) calendar days after receipt of a written Notice to
proceed from the Owner.
2.2.3 With respect to work to be subcontracted by Construction Manager: a) Develop procedures
that are reasonably acceptable to the Owner for the prequalification of Trade Contractors; b)
Develop Trade Contractor interest in the Project, and conduct pre-bid conferences with interested
bidders to review the documents; c) Take competitive bids on the Work of the various Trade
Contractors or, if specifically authorized by the Owner, in writing, negotiate for the performance
of that Work; d) Construction Manager may require bidders to submit bid bonds or other bid
security acceptable to the Construction Manager as a prerequisite to bidding on the Work; e)
Analyze and evaluate the results of the various bids and their relationship to budgeted and
estimated amounts, and prepare for review with the Owner and Architect bid tabulation analysis
and such other support data as necessary to properly compare the various bids and their
responsiveness to the desired scope of Work; f) Review the scope of Work in detail with apparent
low responsive bidders to determine that their bids are complete but do not include duplicate scope
items; g) Maintain records of all pre-award interviews with apparent low bidders; h) Promptly
award and execute Trade Contracts with approved Trade Contractors; i) Provide copies of fully
executed Trade Contracts, insurance certificates, and bonds, to the Owner.
2.2.4 With respect to the scheduling, sequencing, and coordination of the Work: a) Manage,
schedule and coordinate the Work, including the Work of the Trade Contractors, and coordinate
the Work with the activities and responsibilities of the Owner, Architect and Construction Manager
in order to complete the Project in accordance with the Owner's objectives of cost, time, and
quality as set forth in the Contract Documents; b) Develop and maintain a program, acceptable to
the Owner and Architect, to assure quality control of the Work; c) Supervise the Work of all Trade
Contractors so that the work conforms to the requirements of the plans and specifications; d)
Provide instructions to each Trade Contractor when its Work does not conform to the requirements
of the plans and specifications so that the work conforms to the requirements of the plans and
specifications, and continue to manage each Subcontractor to ensure that corrections are made in
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a timely manner so as to not affect the progress of the Work; e) Should disagreement occur between
the Construction Manager and the Architect over acceptability of Work and conformance with the
requirements of the specifications and plans, the Owner shall be the final judge of performance
and acceptability, and the Owner's decision thereon shall be final and binding.
2.2.5 Maintain exclusively for this Project adequate, competent staff at the Project site to
coordinate and direct the Work and progress of the Trade Contractors on the Project. The
Construction Manager shall maintain sufficient off-site support staff, and competent staff at the
Project site authorized to act on behalf of the Construction Manager to coordinate, inspect and
provide general direction of the work and progress of the Subcontractors and shall provide no less
than those personnel during the respective phases of construction that are set forth in Exhibit "F"
to this Contract. Construction Manager shall not change any of those persons named in Exhibit
“F” unless mutually agreed to by the Owner and Construction Manager, in writing. In such case,
the Owner shall have the right of approval of the qualifications of replacement personnel. All of
the Construction Manager's on-site management and supervisory personnel shall be consistent
with the solicitation response that preceded the execution of this Contract and shall not be removed
or replaced without the Owner's written consent. The Owner shall have the right to direct the
Construction Manager to remove or replace any on-site personnel whose performance becomes
unsatisfactory to the Owner. In such event, the Construction Manager shall promptly replace such
personnel, without entitlement to additional compensation or additional time for the replacement.
2.2.5.1 Establish and maintain a) on-site organization and lines of authority in order to carry out
the overall plans of the Construction Team; b) Identify an on-site staff member to represent the
Construction Manager, on a daily basis, with authority to negotiate Change Orders and contract
modifications on behalf of the Construction Manager; c) Make available such executive
personnel as necessary to execute Change Orders or other contract modifications on behalf of the
Construction Manager so as not to delay the progress of the Work.
2.2.6 Establish and maintain a) procedures for coordination among the Owner, Architect, Trade
Contractors and Construction Manager with respect to all aspects of the Work; b) Implement such
procedures, incorporate them into a Project resource manual, and distribute manuals to the
Construction Team.
2.2.6.1 Require of the various Trade Contractors such Coordination Drawings as may be necessary
to properly coordinate the Work among the Trade Contractors.
2.2.6.2 In collaboration with the Architect, establish and implement procedures for tracking and
expediting the processing of shop drawings, samples, Requests for Information ("RFI"), and other
submittals as required by the General Conditions of the Contract.
2.2.7 Schedule and conduct weekly or more frequent progress meetings with Trade Contractors
to review such matters as job procedures, job safety, construction progress, schedule, shop drawing
status and other information as necessary. Construction Manager shall provide prior notice to
Owner and Architect of all such meetings and prepare and distribute minutes. Additionally,
Construction Manager shall schedule and attend Team meetings with the Architect and Owner.
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2.2.8 Review the Project schedule with the various Trade Contractors and review, or expand, the
level of detail to incorporate specific Trade Contractor input consistent with the overall completion
requirements. Construction Manager shall regularly monitor and update the Project Schedule and
various sub-networks as construction progresses, identify potential variances between scheduled
and probable completion dates, review schedule for Work not started, or incomplete, and make
adjustments in the schedule to meet the scheduled completion date. Construction Manager shall
provide summary reports of each monitoring and document all changes in schedule and prepare
regular schedule updates and reporting which shall be included as part of the monthly Project
report outlined in Subparagraph 2.2.16 herein.
2.2.9 Determine the adequacy of the Trade Contractors' personnel and equipment, and the
availability of materials and supplies to meet the schedule. In consultation with the Owner and the
Architect, take necessary corrective actions when requirements of a Trade Contract or a Trade
Contract Schedule are not being met.
2.2.10 If applicable, whenever Owner-Furnished Contractor-Installed ("OFCI") materials or
equipment are shipped to the Project site, the Construction Manager shall notify the Owner and
shall be responsible for their inspection, proper storage, and incorporation into the Work, provided
the scope of the OFCI work is included within the Guaranteed Maximum Price.
2.2.11 Develop and maintain an effective system of Project cost control which is satisfactory to
the Owner. Revise and refine the initially approved Project Construction budget, incorporate
approved changes as they occur, and develop cash flow reports and forecasts as needed. Identify
variances between actual and budgeted or estimated costs and advise Owner and Architect
whenever projected costs exceed budgets or estimates. Cost Control reports shall be included as
part of the monthly Project report outlined in Subparagraph 2.3.16 herein.
2.2.12 Maintain a system of accounting satisfactory to Owner and consistent with generally
accepted construction accounting principles. The Construction Manager shall preserve all
accounting records for a period of four (4) years after final acceptance of the Work or as otherwise
requested in writing by the Owner. The Owner, or the Owner's auditors shall have access to all
such accounting records, supporting documentation, correspondence, subcontracts, purchase
orders, and other things relating to this Contract, at any time during regular business hours, both
throughout the performance of the Work, and for a period of four (4) years after final payment of
the Work.
2.2.13 Develop and implement a system for the preparation, review and processing of Change
Orders. Without assuming any of the Architect's responsibilities for, among other things, design,
recommend necessary or desirable changes to the Owner and the Architect, review requests for
changes and submit recommendations to the Owner and Architect.
2.2.13.l When requested by the Owner or Architect, promptly prepare and submit informal
estimates of probable cost for changes proposed in the Work including similar estimates from the
Trade Contractors. If directed by the Owner, promptly secure formal written Change Order
Proposals from such Trade Contractors.
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2.2.14 Be responsible for initiating, maintaining and supervising effective safety programs and
require similar programs of the Trade Contractors and Sub-subcontractors. The OSHA guidelines
shall serve as the basis for the construction safety program. If the Owner implements an Owner
Provided Insurance Program as provided for in Article 11, the Construction Manager shall
cooperate with the safety representatives of the Owner's Insurance Administrator and/or the
Owner's insurance carrier(s) in the course of construction site inspections and in all other matters
related to job safety and accident prevention.
2.2.14.1 Promptly notify the Owner and, where applicable, the Owner's Insurance
Administrator, in writing, upon receiving notice of filing of any charge of non-compliance from
OSHA, or upon receiving notification that a federal or state inspector shall visit or is visiting the
Project site.
2.2.14.2 At progress meetings with Trade Contractors, conduct a review of job safety and
accident prevention, and prepare minutes of such meetings that will be available to the Owner's
Representative on request. The minutes of job safety and accident prevention portion of such
progress meetings shall be made available to the Owner's Insurance Administrator, where
applicable, upon request.
2.2.14.3 Designate a full-time staff member as the Project safety director who shall oversee
job safety and accident prevention for the Construction Manager, Trade Contractors and Sub-
subcontractors involved in the Work, in addition to any other responsibilities assigned to such staff
member.
2.2.15 Make provisions for Project security acceptable to the Owner, to protect the Project site
and materials stored off-site, or on-site, against theft, vandalism, fire and accidents, damage, or
injury to person(s) or property, etc., as required by job and location conditions.
2.2.16 Record the progress of the Project. Submit written monthly progress reports to the Owner
and the Engineer including information on the Trade Contractors' Work, the percentage of
completion, current estimating, computerized updated monthly Critical Path Method scheduling
and Project accounting reports, including Estimated Time to Completion and Estimated Cost to
Complete. Keep a daily log available to the Owner and the Architect. Report and record such
additional information related to construction as may be requested by the Owner.
2.2. 17 When the Construction Manager considers each Trade Contractor’s Work or a designated
portion thereof Substantially Complete, the Construction Manager shall prepare for the Architect
a list of incomplete or unsatisfactory items and a schedule for their completion. The Construction
Manager shall assist the Architect in conducting inspections for Substantial and Final Completion.
After the Architect certifies the Date of Substantial Completion of the Work, the Construction
Manager shall coordinate the correction and completion of the Work and shall be fully responsible
for same.
2.2.18 The Construction Manager shall be responsible for the removal, encapsulation,
transportation and disposal of any hazardous material, including, without limitation, lead-based
paint, and any asbestos or asbestos-related products as may be required in connection with the
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Work. Hazardous material, described by federal guidelines brought by the Construction Manager
or the Trade Contractors shall remain their responsibility for proper disposal. Any hazardous
material not specifically shown on the documents, or which was not discovered or should have
been discovered during performance of the Pre-Construction Agreement, shall be considered a
concealed condition and may become the responsibility of the Construction Manager in a Change
Order to increase the Guaranteed Maximum· Price for any additional costs incurred in connection
therewith. Such Change Order shall be submitted in as timely a manner as is reasonably possible
after discovery of the concealed condition, as more particularly set forth in the General Conditions.
Owner is not aware of any hazardous materials located on the Project site.
2.2.19 Following the Architect’s issuance of a Certificate of Substantial Completion for the
Project or designated portion thereof evaluates the completion of the Work of the Trade
Contractors and make recommendations to the Architect when Work is ready for final inspection.
Assist the Architect in conducting final inspections. Secure and transmit to the Owner required
guarantees, affidavits, releases, bonds and waivers. Deliver all keys, manuals, record drawings and
maintenance stocks to the Owner.
2.2.20 The Construction Manager shall prepare a complete Project Manual to the Owner’s
satisfaction.
ARTICLE 3
ADDITIONAL SERVICES
3.1 Upon the mutual agreement of the Owner and the Construction Manager, and upon written
authorization from the Owner, the Construction Manager shall provide additional services that are
beyond the scope of the Basic Services described in Article 2 herein. The Construction Manager
shall be compensated for such additional services by Change Order to be negotiated by the Owner
and the Construction Manager at the time of the additional service request, as set forth in the
General Conditions.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner will designate a representative to act in its behalf. This representative, or his/her
designee will receive progress reports of the Work from the Construction Manager, serve as liaison
with the Construction Manager and the Architect, receive and process communications and
paperwork, and represent the Owner in the day-to-day conduct of the Project. The Construction
Manager will be notified in writing of the representative and of his/her designee, or any changes
thereto.
4.2 The Owner shall retain an Architect whose services, duties and responsibilities shall be
described in the agreement between the Owner and the Architect. A copy of the Owner Architect
Agreement will be furnished to the Construction Manager upon request.
4.3 If the Owner observes or otherwise becomes aware of any fault or defect in the Contract
Documents or the Project or any nonconformance with the Contract Documents, reasonable notice
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thereof shall be given by the Owner to the Construction Manager and the Architect.
Notwithstanding this provision, nothing herein shall relieve the Construction Manager from any
obligations set forth in this Agreement. Likewise, if the Construction Manager observes or
otherwise becomes aware of any fault or defect in the Contract Documents or the Project or of any
nonconformance with the Contract Documents, reasonable notice thereof shall be given by the
Construction Manager to the Owner and the Architect.
ARTICLE 5
SCHEDULE
5.1 Preconstruction Phase. The Construction Manager shall complete the performance of
Preconstruction Phase Services not later than September 30, 2026, following issuance of written
notice to proceed from the Owner and Guaranteed Maximum Price Proposal within ninety (90)
calendar days after the Architect/Engineer documents (at 90% completion) have been made
available to the Construction Manager.
5.2 Construction Phase. The performance of the Work under the Construction Phase of this
Contract shall be substantially completed by the Construction Manager on or before the date as
later set forth in the GMP Amendment, time being of the essence in this Contract.
5.3 The Construction Manager agrees to complete the Work in accordance with the agreed
upon substantial completion date set forth in Exhibit "E,” which exhibit will be attached to this
Agreement, after the determination of the GMP. The Construction Manager acknowledges that
time is of the essence throughout this Contract, and that failure to complete the Project within the
time set forth in the approved schedule will result in substantial damages to the Owner that are
impossible to precisely ascertain. Upon failure of the Construction Manager to substantially
complete the Project within the specified period of time, plus approved time extensions,
Construction Manager shall pay to the Owner, as liquidated damages and not as a penalty, the sum
of one thousand dollars ($1,000.00) for each calendar day in excess of the established substantial
contract completion date, plus approved time extensions. After achieving substantial completion,
as more particularly addressed in GC 71 and its several subparts, should Construction Manager
fail to complete the remaining Work within the time specified for final completion in Exhibit "E,",
plus approved time extensions, if any, and after providing Construction Manager with seven (7)
calendar days advance written notice, Owner shall have the right to complete the work through
other means, and the costs therefore shall be set-off against retainage remaining in the contract
balances, which, if insufficient, the balance shall be paid to Owner by Construction Manager, or
its performance bond Surety.
5.4 The Owner may direct the Construction Manager to expedite the Work by whatever means
the Construction Manager may use, including, without limitation, increasing staffing or working
overtime to bring the Work back within the agreed construction schedule. If expediting the Work
is required due to reasons within the control or responsibility of the Construction Manager, then
the additional costs incurred shall be chargeable to the Cost of the Work as part of, and subject to
the GMP. If the expediting of the Work is required due to reasons outside the control or
responsibility of the Construction Manager, then in such event, the additional costs incurred shall
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be the subject of an appropriate adjustment by Change Order, as elsewhere provided for in the
General Conditions.
5.5 The Owner shall have the right to occupy, or use, any portion of the Work prior to
completion of the Project. If use or occupancy ahead of schedule affects the cost of the Project or
the schedule for the Work, the Construction Manager shall so notify the Owner, in writing, and
the use or occupancy will be treated as a Change to the Work in accordance with Article 9, herein.
ARTICLE 6
GUARANTEED MAXIMUM PRICE
6.1 The "Guaranteed Maximum Price" (GMP), also referred to as the Contract Sum, includes
Cost of the Work required complete construction of the Project in accordance with such drawings
and specifications. Said Guaranteed Maximum Price shall include the following: (a) The cost of
all labor, equipment, material and supplies necessary for, or utilized in, construction of the Project
whether performed or furnished by the Construction Manager, the Trade Contractors, vendors,
suppliers or others; (b) the General Conditions costs as set forth in the Construction Manager’s
proposal to the Owner and as accepted by the Owner; and, (c) the Construction Manager’s fee as
set forth in the Construction Manager’s proposal to the Owner and as accepted by the Owner. It is
the intent of this provision that the Guaranteed Maximum Price shall include the complete and
total cost of constructing the Project in accordance with all requirements of the Contract
Documents. The GMP is guaranteed by the Construction Manager not to exceed the amount
established herein, subject to additions and deductions by Change Order as provided for elsewhere
in this Contract. Costs which would cause the GMP to be exceeded shall be paid by the
Construction Manager without recourse or reimbursement by the Owner.
6.1.1 The Construction Manager's Fixed Fee for performance of the Work shall be set forth in the
GMP Amendment.
6.2 The GMP will only include those taxes in the Cost of the Work which are legally enacted
at the time the GMP is established.
6.3 If and only in the event that this Project is substantially complete within the scheduled
substantial completion date, as may be adjusted as provided for elsewhere herein, the following
shared savings provisions shall apply: Upon final completion of the Work, if the total cost of the
Work (excluding any unused portion of the Contingency Fund) is less than the Guaranteed
Maximum Price, taking into account any adjustments made during the term of this Contract, as
provided for elsewhere herein, the Owner and Construction Manager will be entitled to share this
savings, as follows: Construction Manager will receive an amount equal to 50% of the difference
between the actual cost of the Work and the final GMP amount (excluding any unused portion of
the Contingency Fund), not to exceed, in any event, three percent (3%) of the adjusted GMP
amount (excluding any unused portion of the Contingency Fund). Construction Manager's portion
of these shared savings will be added to Contractor's Fee and included in Construction Manager's
Final Payment. Liquidated damages, if any, are different from, and are not a part of, this
calculation.
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6.4 The GMP shall include an agreed upon sum as the "Construction Contingency Fund"
which may be utilized, upon written approval beforehand by Owner, which approval shall not be
unreasonably denied, for the purpose of defraying the expenses due to unforeseen circumstances
relating to construction such as, but not necessarily limited to, increases in Subcontractor
costs due to insolvency, correction of defective work (provided that such defective Work was not
caused by the negligence or failure to fulfill a specific responsibility of the Construction Manager),
and only to the extent that the costs therefore are not recoverable by Construction Manager
from insurance, sureties, Subcontractors or suppliers, through commercially reasonable efforts),
overtime ordered by the Owner to improve the schedule but not to make up for lost time due to
Construction Manager's delays, field issues/conditions which were not anticipated and which
result in documented costs to the Work, Owner Furnished/Contractor Installed ("OFCI") material
or OFCI equipment failures, and any other cost agreed to mutually by the parties, in writing. The
Contractor shall furnish documentation evidencing expenditures charged to this Contingency prior
to the release of funds by the Owner. The necessary documentation, and the sufficiency thereof,
required for using the Construction Contingency fund shall be reasonably determined by the
Owner. The Design Professional shall verify the actual costs, if requested by Owner.
6.5 Without limiting the reasons for Owner denying a request for funding from the
Construction Contingency, and by way of illustration only, the Construction Contingency shall not
be used for a) design errors or omissions; b) Construction Manager/Sub- Contractor mistakes in
the fabrication, installation, or erection of the Work; c) liquidated damages; and d) any costs and
expenses in the event that this Contract is terminated for cause, as elsewhere provided for herein.
6.6 The GMP shall be reduced by the amount of the Contingency fund, if any, remaining at the
time of Final Completion of the Project.
6.7 Within sixty (60) days after receipt from the Construction Manager of the Guaranteed
Maximum Price, the Owner may reject same and may, in its discretion, terminate this Agreement
for convenience. Notwithstanding any other provision of this Agreement, in the event of such
termination, the Owner shall pay the Construction Manager the lump sum of $50,000.00 which
shall constitute the full and complete compensation due Construction Manager of every kind and
nature, for work performed, or expenses incurred, prior to such termination.
6.8 By execution of this Contract, the Construction Manager certifies that all factual unit costs
supporting the fees specified in this Contract are accurate, complete and current at the time of
negotiations; and that any other factual unit costs that may be furnished the Owner in the future to
support any additional fees that may be authorized will also be accurate and complete. The fees
specified in this Contract and any additional fees that may be authorized in the future shall be
adjusted to exclude any significant sums by which the Owner determines the fee was increased
due to inaccurate, incomplete, or non-current factual unit costs.
6.9 Adjustments to the GMP will be made as described in the Conditions of the Contract.
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6.10 Absent rejection of the Guaranteed Maximum Price by the Owner within the time set forth
in Paragraph 6.7 hereinabove, the Guaranteed Maximum Price shall constitute an agreement by
the Construction Manager to construct the Project in strict accordance with all requirements of the
Contract Documents for a sum not to exceed the Guaranteed Maximum Price.
ARTICLE 7
PAYMENTS TO CONSTRUCTION MANAGER
7.1 In consideration of the performance of the Contract, the Owner agrees to pay the
Construction Manager, as compensation for its services as set forth below:
7.1.1 For preconstruction services, the total sum amount of $88,660.00 to be paid in the amounts
specified at the satisfactory completion of the following phases:
Preconstruction Progress Meetings $19,320.00
Constructability Reviews / Value Engineering and Cost Estimates $24,160.00
Traffic Control Plan and Public Outreach $ 2,320.00
Preconstruction Scheduling $ 6,960.00
Guaranteed Maximum Price Development $35,900.00
TOTAL: $88,660.00
7.1.1.1 Upon receipt of the Notice to Proceed after the creation of the GMP, the Construction
Manager shall begin providing the indemnification described in the Conditions of the Contract, as
part of the fee established for the first phase of preconstruction services.
7.1.2 Upon acceptance of the GMP, the amount established in the GMP Amendment to this
Contract, which includes the Construction Manager's fee and Lump Sum General Conditions as
described in Paragraph 7.2 and the Cost of the Work as described in Article 8, to be paid monthly
as described in the General Conditions of the Contract.
7.1.2.1 As required by Section 287.0585, F.S., within seven working days from receipt of payment
from the Owner, the Construction Manager shall pay each Trade Contractor out of the amount paid
to the Construction Manager on account of such Trade Contractor's Work, the amount to which
said Trade Contractor is entitled reflecting the percentage actually retained, if any, from payments
to the Construction Manager on account of said Trade Contractor's Work. The Construction
Manager shall, by appropriate Contract with each Trade Contractor, require each Trade Contractor
to make payments to its subcontractors in a similar manner.
7.1.3 Pay requests for preconstruction services and for construction shall be documented in
accordance with the General Conditions.
7.2 Construction Manager's Lump Sum General Conditions during the Construction Phase
includes, without limitation, the following:
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7.2.1 The cost of its home or branch office employees or consultants not at the Project site,
including the cost of all benefits, insurance, and taxes attributable to wages and salaries and other
company overhead expenses for said home office employees.
7.2.2 The cost of its field employees identified in Subparagraph 2.2.5 herein, or their approved
replacements, including the cost of all benefits, insurance, and taxes attributable to wages and
salaries for said field employees.
7.2.3 General operating expenses of the Construction Manager's principal and branch offices
other than the field office.
7.2.4 Any part of the Construction Manager's capital expenses, including interest on the
Construction Manager's capital employed for the Work.
7.2.5 Overhead and profit, or general expenses of any kind, except as may be expressly included
in Article 8, herein, as Cost of the Work.
7.2.6 All travel and per diem costs of Construction Manager's employees and consultants.
7.2.7 Those services set forth in Article 2.2.
7.2.8 Expenses such as long distance telephone calls, telephone service at the site, postage, office
supplies, expressage, and similar items in connection with the Work.
7.2.9 Cost of equipment such as laptops, cameras, radios, computers, cell phones, copiers,
telephones, dictating units, trailers, vehicles and furniture purchased or rented by the Construction
Manager.
7.2.10 Administration of direct tax savings purchase program.
7.2.11 All costs incurred during the guarantee period after construction.
7.3 Adjustments in the Lump Sum General Conditions associated with compensable Changes
in the Work, or compensable delays, shall be made as described in the General Conditions of the
Contract, and in strict accordance therewith.
ARTICLE 8
COST OF THE WORK
8.1 The term "Cost of the Work" shall mean direct construction costs, including Lump Sum
General Conditions as more specifically addressed in 7.2 et. seq. above, and in 8.1.2 below,
incurred specifically in and about the performance of the Work, and paid or incurred by the
Construction Manager, less any reimbursement for scrap value and cash or trade discounts, subject
to Article 10, herein. Excluding those individuals included in the Lump Sum General Conditions,
8.1.2 below, the term "wages" used herein shall include the straight time and overtime pay
authorized in writing by the Owner, and the cost of associated employee benefits. Excluding those
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individuals included in the Lump Sum General Conditions, employee benefits include, but are not
limited to, unemployment taxes, social security taxes, compensated absences, and other mandatory
and customary contributions and fringe benefits insofar as such costs are based on wages, salaries,
or other remuneration paid to employees of the Construction Manager, excluding bonuses.
Employee benefits do not include Workers' Compensation insurance when such insurance is
provided by the Owner in accordance with Article 11.
8.1.1 Subject at all times to the amount of the GMP, the Owner agrees to pay the Construction
Manager for the reimbursable Costs of the Work as defined in Article 8, herein, and its subparts,
through completion of the Work, plus the Construction Manager's Fixed Fee.
8.1.2 For Construction Phase services, as more particularly set forth in Article 2.2 and its
subparts, above, and further including those line items in Exhibit "C" designated as Lump Sum
General Conditions, the Construction Manager shall be paid a lump sum amount (included in the
GMP and as set forth in the GMP Amendment, in installments, as provided for elsewhere in these
Contract Documents, which amount is subject to the Contract audit provisions for the limited
purposes of verifying the Construction Manager's warrants and representations set forth in Article
6.7 above. This Lump Sum General Conditions amount preempts, disables and governs those
reimbursable Costs of the Work set forth in Article 7.2, et. seq. and this Article 8, and its subparts.
In the event that those specified reimbursables conflict with, or are subsumed by this Lump Sum
General Conditions, it is the intention of the parties that the Lump Sum will not be adjusted for
any reasons whatsoever during the Construction Phase, except and solely for compensable Change
Orders and compensable delays, if any, that increase the GMP, and extend the contract completion
date in excess of thirty (30) calendar days, in the aggregate, beyond the agreed Substantial
Completion date set forth in the GMP Amendment. In the event that the Lump Sum is exceeded
by actual costs for such items incurred by the Construction Manager, there shall be no entitlement
to reimbursement from the Owner by way of Change Order, Claims, requests for equitable
adjustments, or from the Construction Contingency.
8.2 Cost of the Work includes, and is limited to, actual documented expenditure for the
following cost items (all subparts below shall be preceded by the phrase "Except and to the extent
governed by 8.1.2 above ... ":
8.2.1 Subject to prior written approval by the Owner, wages paid for labor in the direct employ
of the Construction Manager at the construction site other than those provided under Paragraph
7.2, herein, as a part of the Construction Manager's Fixed Fee in the performance of the Work
under applicable collective bargaining agreements, or under a salary or wage schedule agreed upon
by the Owner and Construction Manager, and including benefits, if any, as may be payable with
respect thereto.
8.2.2 The cost of all materials, supplies and equipment incorporated into the Work or stored on
site, including cost of transportation and storage thereof. At the Owner's sole discretion, the Owner
may make payment for materials, supplies and/or equipment stored off-site and bonded.
8.2.3 Payments made by the Construction Manager to Trade Contractors for their Work
performed pursuant to Trade Contracts with the Construction Manager.
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8.2.4 Cost of the premiums for all insurance or bonds including Trade Contractor bonds which
the Construction Manager is required to procure by this Contract, or other insurance or bonds
subsequently deemed necessary by the Construction Manager, and agreed upon by the Owner, in
writing. The cost of insurance for the Construction Manager, Trade Contractors, and Sub-
subcontractors at any tier in the Work shall be excluded for any insurance to be provided by the
Owner in accordance with Article 11 herein.
8.2.5 Sales, use, gross receipt, or similar taxes related to the Work imposed by any governmental
authority and for which the Construction Manager is liable.
8.2.6 Building and operating permit fees, inspection and filing fees, sewer and water fees, and
deposits lost for causes other than the Construction Manager's own negligence.
8.2.7 Cost of removal and disposal of all debris including clean-up and trash removal.
8.2.8 Cost incurred due to an emergency affecting the safety of persons and/or property.
8.2.9 Subject to prior written approval by Owner, which shall not be unreasonably withheld,
legal costs reasonably, and properly, resulting from prosecution of the Work for the Owner
provided, however, that they are not the result of the Construction Manager's own negligence or
malfeasance. Legal costs incurred in connection with disputes solely between the Construction
Manager and the Owner or incurred in connection with disputes solely between the Construction
Manager and Trade Contractors are the responsibility of the Construction Manager and shall not
be included in the Cost of the Work.
8.2.10 Cost to the Construction Manager of temporary electric power, lighting, water, sanitary
facilities, and heat required for the performance of the Work, or required to protect the Work from
weather damage.
8.2.11 Cost to the Construction Manager of temporary safety-related protection including
barricades and safety equipment, temporary roads and parking, dust control, pest control,
installation and operation of temporary hoists, scaffolds, ladders and runways, and temporary
Project signs and costs of permits and fees pursuant to the General Conditions of the Contract.
8.2.12 Cost of watchmen or similar security services, if approved in writing by Owner.
8.2.13 Cost of surveys, measurements and layout work reasonably required for the execution of
the Work or the requirements of the Contract.
8.2.14 Cost of preparation of shop drawings, coordination plans, photographs, or as-built
documents not included in Trade Contracts.
8.2.15 All costs for reproduction of documents to directly benefit the Work.
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8.2.16 Costs directly, properly, and reasonably incurred in the performance of the Work and not
included in the Construction Manager's Fee as set forth in Paragraph 7.2, herein.
8.2.17 Testing laboratory costs, except relating to defective or non-conforming work for which
reimbursement is otherwise excluded by the Contract Documents.
8.2.18 Deposits lost for causes other than Construction Manager's or any Trade Contractor's
negligence or failure to fulfill a specific responsibility to the Owner under the Contract Documents.
8.2.19 Cost, including transportation and maintenance, of all materials, supplies, equipment,
temporary facilities and hand tools not owned by the workmen that are employed or consumed in
the performance of the Work.
8.2.20 Rental charges of all necessary machinery and equipment, including hand tools used in the
performance of the Work, whether rented from the Construction Manager (upon prior written
approval of the Owner, at the standard rate paid at the place of the Project) or others, including
installation, repairs and replacements, dismantling, removal, costs of lubrication, transportation
and delivery costs thereof.
8.2.21 Costs associated with setting up and demobilizing tool sheds, Project field offices,
temporary fences, temporary roads, and temporary fire protection.
8.2.22 In repairing or correcting damaged or nonconforming Work executed by the Construction
Manager or the Construction Manager's Subcontractors or suppliers, provided that such damage
or non-conforming work was not caused by the negligence or failure to fulfill a specific
responsibility to the Owner as set forth in this Contract Documents, and only to the extent that the
cost of repair or correction is not recoverable by the Construction Manager from insurance,
sureties, Subcontractors or suppliers, through commercially reasonable efforts.
8.3 Costs not to be reimbursed include:
8.3.1 Those costs enumerated in Article 7.2.1 through 7.2.11 above, and as set forth in the
Contract Documents as to be borne at the expense of the Construction Manager.
8.3.2 Salaries and other compensation of the Construction Manager's personnel stationed at
Construction Manager's principal office or offices other than the site office;
8.3.3 Expenses of the Construction Manager's principal office and offices other than the site
office;
8.3.4 Overhead and general expenses, except as may be expressly included in Article 7 and 8.1
through 8.2.22 above;
8.3.5 The Construction Manager's capital expenses, including interest on the Construction
Manager's capital employed for the Work;
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8.3.6 Any cost not specifically and expressly described as reimbursable in Section 8.1through
8.2.22;
8.3.7 Costs, other than costs included in Change Orders approved by the Owner, that would
cause the Guaranteed Maximum Price to be exceeded;
8.3.8 Costs resulting from failure of the Construction Manager or any subcontractor to procure
and maintain insurance by the Contract Documents;
8.3.9 Amounts due by Construction Manager for federal and state income and franchise taxes,
and the costs of licenses, fees, taxes, and other charges of a similar nature, required to be obtained
or maintained by Construction Manager for the general conduct of its business;
8.3.10 Costs to replace or pay for lost or stolen machinery or equipment or materials, but only if
not covered by Builder's Risk Insurance. Construction Manager may seek to recover replacement
cost from insurance, sureties, Subcontractors, suppliers, or other such third parties;
8.3.11 The cost for any legal, accounting or other professional services except to the extent
provided for in the reimbursable costs of the Work, except as may be provided for elsewhere in
this Contract;
8.3.12 Penalties, fines, or costs imposed by governmental authorities in connection with, or
resulting from any violations for noncompliance with laws, regulations, codes, ordinances, or
directives by the Construction Manager or any subcontractor, except if the result of specific and
written directive by the Owner;
8.3.13 Costs of any insurance deductibles for coverage furnished and paid by Construction
Manager or any Subcontractor and losses or expenses for which the Construction Manager or any
Subcontractor is compensated by insurance. In the event that Construction Manager furnishes
Builders' Risk Insurance, the agreed deductible shall be deemed reimbursable from the
Contingency Fund, but only to the extent the loss was not caused by the negligence of the
Construction Manager or those for whom Construction Manager is vicariously liable.
8.3.14 Costs associated with the Construction Manager's failure to obtain any and all permits in a
timely manner, including, without limitation, the costs of any delays resulting therefrom, unless
attributable to Owner's Design Professionals.
8.3.15 Costs of accelerating the Work to the extent caused by the negligence or default of the
Construction Manager or any subcontractor of any tier, unless otherwise expressly provided for
elsewhere in this Contract and in strict accordance therewith;
8.3.16 Overtime costs required to the extent caused by the Construction Manager or any
subcontractor of any tier, unless otherwise expressly provided for elsewhere in this Contract and
in strict accordance with the requirements therein;
8.3.17 Project incentive bonuses, except as approved by the Owner in writing;
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8.3.18 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid
to anyone hired by the Construction Manager or paid to any Subcontractor or vendor shall not be
deemed a Cost of the Work without Owner's prior written approval;
8.3.19 Any and all costs and or cost overruns, including schedule related costs, resulting from the
default and/or termination of a bonded subcontractor and/or material supplier by Construction
Manager, unless not commercially viable to commence legal action against the surety for the
bonded subcontractor or material supplier, as approved by the Owner, in writing, and then
reimbursable only out of the Contingency Fund.
8.3.20 Any cost not specifically and expressly described in Article 8.2 and its subparts, above.
8.3.21 Costs, other than costs included in Change Orders approved by the Owner, in writing, that
would cause the GMP to be exceeded.
8.3.22 Costs exceeding the Lump Sum General Conditions, as set forth in Article 8.1.2 above.
ARTICLE 9
CHANGES IN THE WORK
9.1 Changes in the Work within the general scope of the Contract Documents, consisting of
additions, deletions, revisions or any combination thereof, may be ordered by the Owner by written
Change Order without invalidating this Agreement. Changes in the Work consistent with the intent
of the design documents and not affecting the Contract Time, the Construction Manager’s
compensation, or the Contract Price of any Trade Contract may be ordered by the Architect by a
written Field Order. In the event the Construction Manager takes exception to any Field Order
issued by the Architect, the Construction Manager shall submit any claim for an extension of the
Contract Time or adjustment to the Contract Price. The Construction Manager shall then proceed
with the work directed in the Field Order and any change in the Contract Price resulting from same
shall be determined in accordance with the provisions of Paragraph 9.4 herein below. The
Construction Manager shall cause such changes ordered by the Owner or the Architect to be
performed by the Trade Contractors, and the Construction Manager shall proceed diligently to
provide all services necessary in connection with any changes and same shall be accomplished in
strict accordance with the terms and conditions of the Contract Documents.
9.2 The Construction Manager shall maintain, and cause the Trade Contractors to maintain,
separate records reflecting costs, savings, and impacts related to any ordered change in the Work
until the adjustment in the Contract Time or the Contract Price, if any, have been agreed upon as
evidenced by a Change Order executed by both parties. The Construction Manager shall make
such records available to the Owner or Architect upon request.
9.3 “Change Order” shall mean a written order to the Construction Manager executed by the
Owner and the Architect, issued after execution of this Agreement, authorizing and directing a
change in the Work or an adjustment in the Contract Price or the Contract Time, or any
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combination thereof. The Contract Price and the Contract Time may be changed only by Change
Order. The execution of a Change Order by the Construction Manager shall constitute conclusive
evidence of the Construction Manager’s agreement to the ordered changes in the Work, this
Agreement as thus amended, and the adjustments to the Contract Price and the Contract Time, if
any.
ARTICLE 10
DISCOUNTS
10.1 All quantity discounts shall accrue to the Owner if (i) before making the payment, the
Contractor included them in an Application for Payment and received payment therefor from the
Owner, or (ii) the Owner has deposited funds with the Contractor with which to make payments;
otherwise, cash discounts shall accrue to the Contractor. All trade discounts, rebates and refunds,
and all returns from the sale of surplus materials and equipment shall be credited to the Owner as
a deduction from the Cost of the Work.
ARTICLE 11
INSURANCE
11.1 The Construction Manager shall provide insurance as required in this Agreement:
11.1.1 Commercial General Liability
A. Limits of Liability (Minimum)
• Bodily Injury & Property Damage Liability
• Each Occurrence $5,000,000
• Policy Aggregate (Per Project) $10,000,000
• Personal & Advertising Injury $ 5,000,000
• Products & Completed Operations $10,000,000
B. Endorsements Required – Include in body of COI and/or Description of Operations
• Annual Aggregate shall apply “Per Project/Job”
• Waiver of Subrogation in favor of the City
• Insurance shall apply on a primary and non-contributory basis
• “The City of Dania Beach, Florida” included as named “Additional
Insured”
• Additional Insured status is included for Products completed operations
coverage for a period of no less than five (5) years following the completion
of the Work or Project;
11.1.2 Business Automobile Liability
A. Limits of Liability (Minimum)
• Bodily Injury and Property Damage
• Combined Single Limit $5,000,000
• Any Auto/Owned Autos or Scheduled Autos
• Including Hired and Non- Owned Autos
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Endorsements Required - Include in body of COI and/or Description of Operations
• City of Dania Beach included as an Additional Insured
11.1.3 Workers’ Compensation / Employers’ Liability
A. Workers Compensation Limits: Statutory - State of Florida
B. Employers Liability Limits:
• $500,000 for bodily injury caused by an accident, each accident
• $500,000 for bodily injury caused by disease, each employee
• $500,000 for bodily injury caused by disease, policy limit
Workers Compensation must be provided for all persons fulfilling this contract, whether
employed, contracted, temporary or subcontracted.
Contractor(s) must be in compliance with all applicable state and federal workers’ compensation
laws, including US Longshore and Harbor Workers Compensation Act, Jones Act (maritime),
Federal Employers Liability Act (railroad), etc.
In no event shall Vendor be permitted to utilize in the execution of this agreement, the following:
i) any employee, subcontractor or subcontractor employee that is exempted or
purported to be exempt from Workers’ Compensation insurance coverage;
or
ii) any employee, subcontractor or subcontractor employees who will be
covered by an employee leasing arrangement.
11.1.4 Professional Liability/Errors & Omissions
Any licensed design professional work such as that provided by architects, engineers, etc. shall
maintain professional liability or malpractice or errors or omissions insurance with limits of
$2,000,000 per occurrence.
Limits of Liability
Each Claim $1,000,000
Policy Aggregate $1,000,000
If claims made, retro Date applies prior to contract inception.
Coverage is to be maintained and applicable for a minimum of three (3) years following
contract completion.
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11.1.5 Contractors Pollution & Remediation Liability Insurance:
Insurance shall include bodily injury, property damage, defense, and cleanup as a result of
pollution conditions arising from contractors’ operations. This insurance shall be maintained for
at least five years after completion of the construction and acceptance of any project covered by
this Agreement. If claims made coverage is provided, retro date must apply prior to contract
inception. City is included as Additional Insured.
Limits of Liability
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
11.1.6 Umbrella/Excess Liability (Excess Follow Form) can be utilized to provide the required
limits. Coverage shall be “following form” and shall not be more restrictive than the
underlying insurance policy coverages, including all special endorsements and City as
Additional Insured status. Umbrella should include Employer’s Liability.
11.1.7 Builder’s Risk (Property coverage)
Coverage must be afforded in an amount not less than 100% of the total project cost, including
soft costs, with a deductible of no more than $25,000 each claim. Except, Named Windstorm and
Flood Deductibles, if any, must be specifically disclosed to the City. Coverage form shall include,
but not be limited to:
• All Risk Coverage including Flood and Windstorm with no coinsurance clause
• Storage and transport of materials, equipment, supplies of any kind whatsoever to be used
on or incidental to the project
• Equipment Breakdown to include cold testing of all mechanized, pressurized, or electrical
equipment
• Coverage for materials or equipment stored at the project site, while in transit, or while
stored at a temporary location.
• Replacement Cost basis
• Policy shall insure the interests of the owner, contractor, and subcontractors in the property
against all risk of physical loss and damage and name the City as a LOSS PAYEE.
• Waiver of Occupancy Clause Endorsement, enabling the City to occupy the facility under
construction/renovation during the activity.
• This insurance shall remain in effect until the work is completed and the property has been
accepted by the City.
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Safety and loss control shall be exercised at all times by the Contractor for the protection of all
persons, employees, and property. Any hazardous conditions must be promptly identified,
reported, and action taken to mitigate as soon as possible.
Notice of claims/accidents/incidents associated with this agreement shall be reported to the
Contractor’s insurance company and to the City’s Risk Management department as soon as
practical.
The Contractor has the sole responsibility for all insurance premiums and shall be fully and solely
responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or
self-insured retention; including any loss not covered because of the operation of such deductible,
co-insurance penalty, self-insured retention, or coverage exclusion or limitation.
11.1.8 Other Conditions Required:
Subcontractors’ Compliance: It is the responsibility of the contractor to ensure that all
subcontractors comply with all insurance requirements.
Cancellation Requirements: Required insurance shall always be maintained during which the
vendor is on City premises. The above policies shall provide the City of Dania Beach with 10 days’
written notice of cancellation or material change from the insurer. If the policies do not contain
such a provision, it is the responsibility of the Contractor to provide such notice.
Notice Requirements: If an insurable incident occurs while vendor is engaged in a City project,
notification to the City is required.
Insurance Carrier Financial Stability Requirements:
Insurance must be provided by companies authorized to do business in the State of Florida. City
reserves the right but not the obligation to reject any insurer providing coverage due to poor or
deteriorating financial condition
The Company must be rated no less than “A-” as to management, and no less than “Class VII” as
to financial strength, by the latest edition of Best Insurance Guide published by A.M. best
Company, or its equivalent. All policies or certificates of insurance are subject to review and
verification by Risk Management. If a company is downgraded during the agreement term,
Vendor shall notify the City.
Certificates of Insurance/Verification of Coverage: Proof of the required insurance must reflect
all required insurance above will be furnished by Vendor to the City of Dania Beach Human
Resources Department by Certificate of Insurance within five (5) days of notification of award.
All certificates (and any required documents) must be received and approved by Human Resources
before any work commences to permit Vendor time to remedy any deficiencies.
Valid Certificates verifying coverage is in force as required above must be on file with the City at
all times during contract. If the policies renew during the term of the Contract, updated Certificates
25
verifying coverage is in force shall be submitted to the City within ten (10) days of expiration.
Contractor and/or any Subcontractor shall not perform or continue to work pursuant to this
agreement, unless all coverages remain in full force and effect; work delay is subject to provisions
in this agreement. If vendor fails to provide proof of insurance within seven (7) days of City’s
receipt of notice at any time during this agreement, the City shall have the right to consider the
agreement breached, and therefore terminated.
A copy of Additional Insured Endorsement or other endorsements may be attached to the
Certificate.
11.1.9 Description of Operations section of COI: Confirm coverage required is documented in
the body of the Certificate of Insurance, and also in the Description of Operations.
Additionally, include Job, Event, Contract, or Agreement number.
Notice of Cancellation can be included here.
Notices/ Certificate Holder: City of Dania Beach,
Attention Human Resources/Risk Management
100 West Dania Beach Boulevard
Dania Beach, FL 33004
The City of Dania Beach, Florida reserves the right to review/revise, reject or accept any
required policies of insurance, including limits, coverages or endorsements, herein throughout
the term of this contract.
ARTICLE 12
CONFLICTS
12.1 In the event of conflicts, the interpretation of the Contract Documents, as addressed in the
General Conditions, will be governed by this Order of Precedence:
a) Modifications, which shall for purposes of this Contract be defined as (1) a written
amendment to the Contract signed by both parties, including the GMP Amendment; (2) a
Change Order; (3) a Construction Change Directive; or, (4) a written order for a minor
change in the Work issued by the Design Professional;
b) This Contract and its several Exhibits;
c) Addenda, with those of later dated having precedence over those of earlier date;
d) Any Supplementary Conditions;
e) The General Conditions of this CM @ Risk Contract;
f) Drawings;
26
g) Specifications;
h) Other documents specifically enumerated in the Contract as part of the Contract
Documents.
ARTICLE 13
PUBLIC RECORDS
13.1 Notwithstanding any other provision in this Contract, any action taken by Owner in
compliance with, or in a good faith attempt to comply with, the requirements of Chapter 119,
Florida Statutes, shall not constitute a breach of this Contract. If Contractor is acting on behalf of
Owner as provided in Section 119.0701, Florida Statutes, Contractor shall:
13.1.1 Keep and maintain public records required by Owner to perform the services under
this Contract;
13.1.2 Upon request from Owner, provide Owner with a copy of the requested records
or allow the records to be inspected or copied within a reasonable time and at a cost that
does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided
by Applicable Law;
13.1.3 Ensure that public records that are exempt or confidential and exempt from public
record requirements are not disclosed except as authorized by Applicable Law for the
duration of this Contract and after completion or termination of this Contract if the records
are not transferred to Owner; and
13.1.4 Upon completion or termination of this Contract, transfer to Owner, at no cost, all
public records in possession of Contractor or keep and maintain public records required by
Owner to perform the services. If Contractor transfers the records to Owner, Contractor
shall destroy any duplicate public records that are exempt or confidential and exempt. If
Contractor keeps and maintains public records, Contractor shall meet all requirements of
Applicable Law for retaining public records. All records stored electronically must be
provided to Owner upon request in a format that is compatible with the information
technology systems of Owner.
ARTICLE 14
GOVERNING LAW AND VENUE
14.1 This Agreement shall be governed by and construed under the laws of the State of Florida.
The exclusive venue for any lawsuit arising from, related to, or in connection with this
Agreement shall be in the state courts of the Seventeenth Judicial Circuit in and for Broward
County, Florida.
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ARTICLE 15
INDEMNIFICATION
15.1 To the fullest extent permitted by law, Construction Manager agrees to defend, indemnify,
and hold the City, its officers, agents, and employees, harmless from and against any and all
liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including
costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to,
arising out of, or resulting from: (i) the services provided by the Construction Manager, its
contractors, subcontractors, agents, employees, or personnel under this Contract; (ii) any negligent
acts, errors, mistakes or omissions by Construction Manager, its contractors, subcontractors,
agents, employees, or, personnel; and (iii) Construction Manager, its contractors, subcontractors,
agents, employees, or personnel failure to comply with or fulfill the obligations established by this
Contract.
15.2 The Construction Manager will update the City during the course of the litigation to timely
notify the City of any issues that may involve the independent negligence of the City that is not
covered by this indemnification.
15.3 The City assumes no liability for actions of Construction Manager and will not indemnify or
hold Construction Manager or any third party harmless for claims based on this Contract or use of
Construction Manager provided supplies or services.
15.4 Nothing contained herein shall be construed as a waiver of any immunity from or limitation
of liability the City (Owner) may be entitled to under the doctrine of sovereign immunity or section
768.28, Florida Statutes.
15.5 This article shall survive the termination of this Contract.
ARTICLE 16
MISCELLANEOUS PROVISIONS
16.1 The Owner and the Construction Manager, respectively bind themselves, their partners,
successors, assigns and legal representatives to the other party to this Agreement, and to the
partners, successors, assigns and legal representatives of such other party with respect to all
covenants of this Agreement. The Construction Manager shall not assign, sublet or transfer any
interest in this Agreement without the written consent of the Owner.
16.2 This Agreement represents the entire and integrated agreement between the Owner and the
Construction Manager and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by both the
Owner and the Construction Manager.
16.3 The captions of paragraphs in this Agreement are for convenience only and shall not be
considered or referred to in resolving questions of interpretation or construction.
16.4 No delay or omission by either of the parties hereto in exercising any right or power accruing
upon the non-compliance or failure of performance by the other party hereto of any of the
28
provisions of this Agreement shall impair any such right or power or be construed to be a waiver
thereof. A waiver by either of the parties hereto of any of the covenants, conditions or agreements
hereof to be performed by the other party hereto shall not be construed to be a waiver of any
subsequent breach thereof or of any other covenant, condition or agreement herein contained.
16.5 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective permitted assigns and successors.
16.6 Owner hereby expressly reserves the right from time to time to designate by notice to
Construction Manager one or more representatives to act partially or wholly for Owner in
connection with the performance of Owner’s obligations hereunder. Construction Manager shall
act only upon instructions from such representatives unless otherwise specifically notified to the
contrary.
16.7 Records of Construction Manager’s costs, reimbursable expenses pertaining to the Project
and payments shall be available to Owner or its authorized representative during business hours
and shall be retained for four years after final Payment or abandonment of the Project, unless
Owner otherwise instructs Construction Manager in writing.
16.8 All notices, consents, approvals, demands, requests or other communications provided for or
permitted to be given under any of the provisions of this Agreement shall be in writing and shall
be deemed to have been duly given or served when delivered by hand delivery or when deposited
in the U.S. mail by registered or certified mail, return receipt requested, postage prepaid, and
addressed as follows:
AS TO OWNER
Ana M. Garcia, ICMA-CM, City Manager
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
with a copy to:
Eve A. Boutsis, City Attorney
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
AS TO CONTRACTOR
Burkhardt Construction, Inc.
1400 Alabama Avenue
West Palm Beach, Florida 33401
29
16.9 If any provision of this Agreement is determined to be illegal, invalid or unenforceable, such
provision shall be deemed struck here from and all remaining provisions of the Agreement shall
remain binding upon the parties. If any provision is struck under this Section, there will be added
in lieu thereof, by written agreement between the parties, a provision as similar in terms to such
struck provision as its possible which is legal, valid and enforceable.
16.11 Each Attachment referred to in this Agreement forms an essential part of this Agreement
and each such Attachment is incorporated by this reference.
16.12 Key personnel assigned to City projects by the Construction Manager shall not be removed
from the project until alternate personnel acceptable to the City are approved in writing by the
City.
16.13 The language in this Contract shall be construed according to its customary meaning within
the Florida building industry. Whenever used, the singular shall include the plural, the plural the
singular, and the use of any gender shall be applicable to all genders.
16.14 The title of all work, completed portions of the project and in the course of construction,
and of all materials on account of which payment has been made shall be in the Owner.
16.15 The Parties are acting herein solely as independent contractors. Nothing herein contained
will create or be construed as creating a partnership, joint venture, or agency relationship between
the Parties. Each Party acknowledges and agrees that it neither has nor will give the appearance or
impression of having any legal authority to bind or commit the other Party in any way. Each Party
will be solely responsible for all wages, income taxes, worker’s compensation, and any other
requirements for all personnel it supplies in connection with this Contract.
SPACE LEFT INTENTIONALLY BLANK
30
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year hereinabove written.
CITY:
ATTEST: CITY OF DANIA BEACH, FLORIDA
a Florida Municipal Corporation
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM
CITY ATTORNEY CITY MANAGER
Dated: _____________, 2025
31
“CONTRACTOR”
Burkhardt Construction, Inc.
Witnesses:
By:
______________________________ Signature
______________________________
(Print or Type Name) Print Name
______________________________
Title
___________________________________
(Print or Type Name)
STATE OF _________________
COUNTY OF _______________
The foregoing instrument was acknowledged before me by means of ☐ physical presence
or ☐ online notarization, on this ____ day of ______________________, 2025, by
_____________________ as ___________________ of Burkhardt Construction, Inc., a Florida
corporation, authorized to conduct business in Florida on behalf of the corporation. He is
personally known to me or who has produced
(type of identification) as identification.
NOTARY’S SEAL: NOTARY PUBLIC, STATE OF FLORIDA
(Name of Acknowledger Typed, Printed or Stamped)
Commission Number
CITY OF DANIA BEACH, FLORIDA
CONSTRUCTION MANAGER AT RISK SERVICES
FOR PJ MELI AQUATIC COMPLEX
CITY REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 25-011 Prepared by: City of Dania Beach, Florida 100 W. Dania Beach Boulevard Dania Beach, Florida 33004
April 3, 2025
CITY OF DANIA BEACH, FLORIDA REQUEST FOR QUALIFICATIONS “Construction Manager at Risk Services for PJ Meli Aquatic Complex” RFQ 25-011
TO ALL BIDDERS: PLEASE TAKE NOTE OF THE FOLLOWING REVISIONS, ADDITIONS,DELETIONS, CLARIFICATIONS, ETC. RELATIVE TO SOLICITATION, WHICH IN
ACCORDANCE WITH THE CONTRACT DOCUMENTS SHALL BECOME A OF AND HAVE PRECEDENCE OVER ANYTHING SHOWN OR DESCRIBED OTHERWISE. 1. Attachment-(I) has been updated to reflect the correct Location Map for PJ Meli
Aquatic Complex.
CITY OF DANIA BEACH, FLORIDA
CONSTRUCTION MANAGER AT RISK SERVICES
FOR PJ MELI AQUATIC COMPLEX
CITY REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 25-011 Prepared by: City of Dania Beach, Florida 100 W. Dania Beach Boulevard Dania Beach, Florida 33004
April 4, 2025
CITY OF DANIA BEACH, FLORIDA REQUEST FOR QUALIFICATIONS
“Construction Manager at Risk Services for PJ Meli Aquatic Complex” RFQ 25-011
TO ALL BIDDERS: PLEASE TAKE NOTE OF THE FOLLOWING REVISIONS, ADDITIONS,DELETIONS, CLARIFICATIONS, ETC. RELATIVE TO SOLICITATION, WHICH IN
ACCORDANCE WITH THE CONTRACT DOCUMENTS SHALL BECOME A OF AND HAVE PRECEDENCE OVER ANYTHING SHOWN OR DESCRIBED OTHERWISE. 1. Section 4.2 Proposal Requirements under subsection (B) Relevant Experience: States
that the form for the submission of the information is attached as Exhibit “A”. Please
note that the Exhibit “F” should be utilized to list all references and Exhibit “A” should only be used to list the Proposer Qualifications Statement.
For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/daniabeachfl
City of Dania Beach
25-011
CONSTRUCTION MANAGER AT RISK SERVICES FOR PJ MELI
AQUATIC COMPLEX
RELEASE DATE: March 18, 2025
RESPONSE DEADLINE: April 11, 2025, 10:00 am
Please refer to the project timeline in this document for all important deadlines.
Request For Qualification #25-011 Title: CONSTRUCTION MANAGER AT RISK SERVICES FOR PJ MELI AQUATIC COMPLEX
2
Table Of Contents
1. NOTICE TO PROPOSERS
2. OVERVIEW
3. SCOPE OF SERVICES
4. SUBMISSION REQUIREMENTS
5. EVALUATION CRITERIA AND PROCEDURES
6. INSURANCE REQUIREMENTS
7. TERMS AND CONDITIONS
8. Vendor Questionnaire
Attachments:
A - EXHIBIT_“A”_Proposers_Qualification_Statement
B -
EXHIBIT_“B”_City_of_Dania_Beach_Florida_Sworn_Statement_Under_287.133_3A_Florida_Statute
s_Public_Entity_Crimes
C - EXHIBIT_“C”_-_Non_Collusion_Affidavit
D - EXHIBIT_“D”_Drug-Free_Workplace_Certification_Form
E - EXHIBIT_“E”_Acknowledgment_of_Addenda
F - EXHIBIT_“F”_Reference_List
G - EXHIBIT_“G”_Certification_to_Accuracy_of_Proposal
H - EXHIBIT_“H”_Affidavit_of_Compliance_with_Anti-Human_Trafficking_Laws
I - Location Map PJ Meli Aquatic Complex
Request For Qualification #25-011 Title: CONSTRUCTION MANAGER AT RISK SERVICES FOR PJ MELI AQUATIC COMPLEX
3
1. NOTICE TO PROPOSERS
CITY OF DANIA BEACH, FLORIDA
REQUEST FOR QUALIFIATIONS (“RFQ”) FOR
CONSTRUCTION MANAGER AT RISK SERVICES FOR PJ MELI AQUATIC COMPLEX
25-011
NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City”) will be accepting sealed Proposals
for CONSTRUCTION MANAGER AT RISK SERVICES FOR PJ MELI AQUATIC COMPLEX, 25-
011”.
Proposals will be accepted on the City's e-Procurement Portal at
https://procurement.opengov.com/portal/daniabeachfl until Friday, April 11, 2025, at 10:00 am. Proposals
received after this time will be rejected.
All submissions will remain confidential and exempt from public record disclosure requirements until the
response opening is conducted.
PROJECT DOCUMENTS
Documents may be obtained from
https://procurement.opengov.com/portal/daniabeachfl/projects/144283.
All Proposers are advised that the City has not authorized the use of the City seal or logo by individuals
or entities responding to City bids.
Request For Qualification #25-011 Title: CONSTRUCTION MANAGER AT RISK SERVICES FOR PJ MELI AQUATIC COMPLEX
4
2. OVERVIEW
The City of Dania Beach (“City”) is soliciting Proposals from interested persons, firms, or both for the
provision of the services described in this RFQ. Through a Request for Qualifications process described in this
document, persons and firms interested in assisting the City in provision of such services must prepare and
submit a qualifications packet in accordance with the procedure and schedule in this RFQ. The City will review
submittals only from those persons and firms that submit a Request for Qualifications packet which includes all
the information required to be included as described in the RFQ.
In order to be considered, persons, consulting firms or team joint ventures must demonstrate specific experience
and capabilities in all related areas for which they seek to perform work as described. Consultants should also
be familiar with the standards, practices, requirements, and applicable ordinances of the City of Dania Beach.
The City intends to select a Construction Management at Risk (CMAR) firm(s) capable of providing
management services necessary to complete the improvements within the City as outlined in this RFQ. The
selected CMAR firm(s) may be responsible for both preconstruction and construction phases of this project
and/or may be responsible for only the construction phase, depending on the determination of the City. The
selected CMAR firm(s) will be responsible for the successful, timely, and economical completion of this
project. The CMAR firm may retain necessary design professionals under the process provided in Florida
Statute Section 287.055. The types of services required may include, but shall not be limited to:
A. Preconstruction:
1. Review and coordination of the proposed work that the architect, engineer, and/or the City prepare
for the project, within the existing site conditions.
2. Submit to the architect, engineer, and City for consideration appropriate cost and savings programs
(value engineering), suitability of materials and equipment, and schedule of construction.
3. Competitive bidding and contracting assistance for trade subcontractors.
4. Calculate and provide a Guaranteed Maximum Price (GMP) for the project or each phase of the
project.
5. Provide a preliminary construction schedule.
6. Attend all meetings as required to facilitate the project.
B. Construction: GMP shall be established for the project and shall be negotiated prior to the
commencement of any contracted work. The types of services required may include, but shall not be
limited to, the following:
1. Provide Performance and Payment Bonds for the full value of the GMP for each phase of the project.
2. Monitor Minority/Women and Small Business Enterprises participation (M/WBE, SBE) for the
project or phases of the project.
3. Monitor compliance with the City's Code of Ordinances, City's Purchasing guidelines, and City's
goals for this project.
Request For Qualification #25-011 Title: CONSTRUCTION MANAGER AT RISK SERVICES FOR PJ MELI AQUATIC COMPLEX
5
4. Apply for, obtain, coordinate, and pay for all permits, inspections, and tests. Ensure the successful,
timely, and economical completion of the project or phases of the project.
5. Coordinate and ensure compliance with all contract and insurance requirements.
6. Create, maintain, and present an overall construction schedule and Schedule of Values for the project
or phases of the project.
7. Coordinate Construction Management Services, including but not limited to:
Regular job site meetings.
Maintaining and updating schedules.
Overseeing quality assurances.
Maintaining and providing copies of all contract documents.
Ensuring compliance with all safety programs.
Coordination of all construction.
Coordination of all onsite administration.
Request For Qualification #25-011 Title: CONSTRUCTION MANAGER AT RISK SERVICES FOR PJ MELI AQUATIC COMPLEX
6
3. SCOPE OF SERVICES
3.1. SCOPE OF SERVICES
The scope of services is a general guide to the work the City expects to be performed by the CMAR and is not a complete
listing of all services that may be required or desired. The CMAR services include, but are not limited to:
• Working with professional design team during the design stages. CMAR will be tasked to review plans at 30%, 60%,
90% and 100% to ensure constructability, adequacy of materials and pricing, preparation of project schedules,
conducting feasibility analyses, assisting with site plans and/or design alternative and recommendations, and
preliminary cost estimates leading to a Guaranteed Maximum Price (GMP). CMAR shall help identify any design
restrictions that could affect the overall design and intent of the project.
• Preparation of a detailed cost estimate at the 30%, 60% and 90% design phase intervals to confirm initial budget
allocations and/or to seek City’s advice before proceeding with next level and final designs phases. The CMAR will be
responsible for cost controls throughout the design and construction project except for design and construction
elements added or deleted by an expressed City directive.
• CMAR shall participate in presentations to elected officials, advisory boards, staff, and the public.
• CMAR shall work with design team members to prepare all required bidding and construction documents for final
permitting.
• CMAR will prepare bidding packages and secure no less than three (3) proposals for work not conducted by their own
work forces.
• Attendance at City Commission, Advisory Committee meetings, and public meetings will be required.
• CMAR firm(s) and/or any subcontractors must have previous experience in infrastructure projects and must be properly
licensed and bonded to provide services as outlined above. Bonding shall be equal to 100% of the anticipated
construction costs. Firms must have previous municipal experience.
A. TASKS/DELIVERABLES
Firms will provide plans at various intervals for City staff review. Due to the requirement that the Contractor(s) be readily
available for meetings, discussions, and tours within the affected areas of responsibility, it will be necessary for any Qualifier to
have an office physically located within the tri-county areas of Miami-Dade, Broward, or Palm Beach County. This office must
be an active facility from which services are routinely provided and not solely a post office box or other type of mail drop, nor
can it be the office of simply a representative agent. The City reserves the right to inspect any facility designated by the
Qualifier to ensure that it complies with this section. Should the City be unable to identify qualified providers within the tri-
county area, the City may at its sole discretion elect to negotiate with firms that are not based out of Miami-Dade, Broward or
Palm Beach County, or re-advertise this solicitation and seek a new pool of applicants.
Upon successful competitive negotiations with the selected CMAR Firm(s), an agreement shall be prepared reflecting the
agreed upon direct costs and unit prices and outlining the duties of the CMAR described therein. Thereafter, the CMAR shall be
required to compile and submit a proposal with a GMP (GMP may include agreed upon contingencies and allowances) and a
separate guaranteed completion date for each grouping of substantially similar construction, rehabilitation, or renovation
activities as defined by the City, but shall not commence construction on any project until receipt of a Notice to Proceed (NTP)
approved by the City based on the GMP and completion date.
3.2. PROJECT LOCATION
Request For Qualification #25-011 Title: CONSTRUCTION MANAGER AT RISK SERVICES FOR PJ MELI AQUATIC COMPLEX
7
The City of Dania Beach adopted a Parks Master Plan in 2019. The next project of this master plan is the new construction of PJ
Meli Aquatic Comlex located at 2901 Southwest 52nd Street, Dania Beach, FL 33312.
Request For Qualification #25-011 Title: CONSTRUCTION MANAGER AT RISK SERVICES FOR PJ MELI AQUATIC COMPLEX
8
4. SUBMISSION REQUIREMENTS
4.1. POSTPONEMENT AND EXTENSION OF DATE FOR SUBMITTING PROPOSALS
The City reserves the right to postpone and extend the date for the receipt of Proposals and will give ample
notice of any such postponement and extension to each known prospective Proposers.
4.2. PROPOSAL REQUIREMENTS
Proposers shall, as a minimum, include the following information with the submittal of its Proposal:
A. Business Structure: Provide a description of the general capabilities of the Proposer, including
information relating to the total size and staffing, professional staff, resources, and clerical support;
Provide résumés of all key personnel who may be assigned to perform the requested services.
B. Relevant Experience: Provide a list of five (5) similar contracts for services within the last five (5)
years provided to other municipalities, together with current contact names and telephone numbers with
each municipality; contact persons must be able to speak about the performance of the Proposer. The
form for the submission of the information is attached as Exhibit “A” and is made a part of and is
incorporated into this RFQ by this reference.
C. Litigation: Provide a listing of all lawsuits or proceedings involving the Proposer within the past ten
(10) years, including case names and numbers, courts, nature of the actions and disposition or status of
each case.
D. Equal Opportunity Statement: A statement that the Proposer is an equal opportunity employer and
that it does not and will not discriminate against any person, employee, or applicant for employment on
account of age, race, creed, religion, color, sex, sexual orientation, disability, national origin, marital
status, or political affiliation.
E. Minority/Women’s Participation: The City of Dania Beach, in accordance with the requirements as
stated in U.S. Code of Federal Regulations, 2 CFR 200.321, encourages the active participation of
minority businesses, women‘s business enterprises and labor surplus area firms as a part of any
agreement whenever possible. The Proposer must take affirmative steps and if subcontracts are to be let
through a Proposer, the subcontractor is required to also take the affirmative steps listed below:
1. Small and minority businesses and women's business enterprises are solicited whenever they are
potential sources.
2. Total requirements are to be divided, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business enterprises.
3. Delivery schedules, where the requirement permits are to be established which encourage
participation by small and minority businesses, and women's business enterprises.
Request For Qualification #25-011 Title: CONSTRUCTION MANAGER AT RISK SERVICES FOR PJ MELI AQUATIC COMPLEX
9
4. Services and assistance, as appropriate, are to be used, which is provided by such organizations as
the Small Business Administration and the Minority Business Development Agency of the
Department of Commerce.
F. Copies of all licenses, certificates of competency or other documentation required by federal, state, or
local laws, statutes or regulations are required to be submitted as evidence of the authority to perform
the services described in the RFQ.
G. All Proposals must include preliminary certificates of insurance verifying all general insurance
requirements.
H. All Proposals must be signed by a representative who is authorized to contractually bind the Proposer
4.3. MINIMUM QUALIFICATION REQUIREMENTS
In order for a Proposal to be considered by the City, Proposers shall demonstrate in their Proposals compliance
with the following minimum requirements:
A. Proposers must be currently certified, licensed and authorized to work in the State of Florida to services
as sought by this RFQ;
B. Experience working with government agencies;
C. Currently insured and meeting City insurance requirements with insurance certificates provided that
state the name of the Proposer, current street address of the business and the type of work for which a
Business Tax Receipt is issued as well as all additional insurance requirements, including required
endorsements.
The City shall not consider Proposals that fail to demonstrate compliance with the above requirements. The
selected Proposer(s) shall maintain and keep in force insurance throughout the life of any contract, and all
renewals and extensions, if any, pertaining or related to the requirements specified in this Section. Failure of
the Proposer to comply with these requirements will be sufficient grounds for the City to declare the Contract in
default and subject the contract to possible termination by the City.
Request For Qualification #25-011 Title: CONSTRUCTION MANAGER AT RISK SERVICES FOR PJ MELI AQUATIC COMPLEX
10
5. EVALUATION CRITERIA AND PROCEDURES
The City will consider Proposers that are responsive and responsible by providing accurate information as
delineated in Section 4, Submittal Requirements.
All submitted Proposals will be evaluated based on the information provided that is responsive to this
RFQ. Evaluation criteria will include, but not be limited to, the ability of professional personnel; past
performance; willingness to meet time and budget requirements; location; recent, current, and projected
workloads of the firms.
The scoring of the Proposals by the Bid Review Committee will be based on a point total and not a percentage
factor. The Bid Review Committee will evaluate and rank the Proposals received on the basis of the criteria and
available points indicated below:
CRITERIA MAXIMUM POINTS
Firm Qualifications: Qualifications of the firm; number of years firm has been in
business; references/past performance; recent, current, and projected workloads
40
Experience and Qualification of Assigned Staff: Staff’s experience, qualifications, and
technical capabilities
30
Approach and Delivery of Services: Understanding the scope of work, ability to comply
with the full scope of work, technical soundness of Proposal
25
Woman or Minority Business Enterprise: Current certification must be provided with
response .
5
TOTAL MAXIMUM POINTS 100
Request For Qualification #25-011 Title: CONSTRUCTION MANAGER AT RISK SERVICES FOR PJ MELI AQUATIC COMPLEX
11
6. INSURANCE REQUIREMENTS
6.1. INSURANCE COVERAGE
INSURANCE COVERAGE: A selected Proposer shall not commence services under an Agreement until it has
obtained all insurance required under this paragraph and as required by the Agreement, and not until such time
that the coverages are approved by the Risk Manager of the City. The Proposer shall not allow any employee of
Proposer or any subcontractor to commence services on any subcontract until the subcontractor and all
coverages required of any subcontractor have been obtained and approved by the Risk Manager of the City. In
addition, the Proposer shall be responsible for any and all policy deductibles and self-insured retentions.
VENDOR and their subcontractors, to the extent reasonably applicable to their respective scope of work,
provided that, VENDOR shall be responsible for any uninsured claims subject to the limitation of liability
hereunder and to the extent directly attributable to City’s failure to require such coverage, shall procure and
maintain from the date of start of Construction for the duration of the term of the Agreement, insurance
coverage compliant with the requirements set forth in this Section, together with any additional insurance
required by applicable federal, state, or local laws and regulations, against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the work hereunder by the
VENDOR, its agents, representatives, employees, or subcontractors.
The following are requirements that must be met regarding the Proposer’s delivery of Certificates of Insurance
for all coverages required in the Agreement and Proposal Documents:
If VENDOR maintains broader coverage and/or higher limits than the minimums shown below for all policies,
the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the VENDOR.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be
available to the City to the extent necessary to cover any actual damages suffered by the City.
Request For Qualification #25-011 Title: CONSTRUCTION MANAGER AT RISK SERVICES FOR PJ MELI AQUATIC COMPLEX
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A. Commercial General Liability
• Limits of Liability (Minimum)
• Bodily Injury & Property Damage Liability
• Each Occurrence $1,000,000
• Policy Aggregate $2,000,000
• Personal & Advertising Injury $1,000,000
• Products & Completed Operations $1,000,000
Endorsements Required – Include in body of COI and/or Description of Operations
• Annual Aggregate shall apply “Per Project/Job” if available
• Waiver of Subrogation in favor of the City, if available
• Insurance shall apply on a primary and non-contributory basis
• “The City of Dania Beach, Florida” is included as “Additional Insured”
• If Vendor’s Insurance includes coverage for with an “As Required By Written Agreement/Contract”
provision, then the following must be in place to establish such written agreement and trigger coverage:
• An executed written contract between the City and Vendor including these requirements; OR
Statement on a Purchase Order or Invoice or other attachment thereof which includes the following
verbiage:
Vendor will provide proof of General Liability insurance with Limits of
$1,000,000 Per Occurrence/$2,000,000 General Aggregate. City is included
as Additional Insured.
B. Business Automobile Liability
• Limits of Liability (Minimum)
• Bodily Injury and Property Damage
• Combined Single Limit $1,000,000
• Any Auto/Owned Autos or Scheduled Autos
• Including Hired and Non- Owned Autos
• Any One Accident
C. Workers’ Compensation / Employers’ Liability
Workers Compensation Limits: Statutory - State of Florida
Waiver of Subrogation in favor of City, if available
Employers Liability Limits:
• $100,000 for bodily injury caused by an accident, each accident
• $100,000 for bodily injury caused by disease, each employee
• $500,000 for bodily injury caused by disease, policy limit
Request For Qualification #25-011 Title: CONSTRUCTION MANAGER AT RISK SERVICES FOR PJ MELI AQUATIC COMPLEX
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Workers Compensation must be provided for all persons fulfilling this contract, whether employed,
contracted, temporary or subcontracted.
Contractor(s) must be in compliance with all applicable state and federal workers’ compensation laws,
including US Longshore and Harbor Workers Compensation Act, Jones Act (maritime), Federal
Employers Liability Act (railroad), etc.
In no event shall Vendor be permitted to utilize in the execution of this agreement, the following:
• any employee, subcontractor or subcontractor employee that is exempted or purported to be
exempt from Workers’ Compensation insurance coverage; or
• any employee, subcontractor or subcontractor employees who will be covered by an
employee leasing arrangement.
Other Conditions Required:
Subcontractors’ Compliance: It is the responsibility of the contractor to ensure that all subcontractors comply
with all insurance requirements.
Cancellation Requirements: Required insurance shall always be maintained while vendor is on or utilizing
City premises. The above policies shall provide the City of Dania Beach with 10 days’ written notice of
cancellation or material change from the insurer. If the policies do not contain such a provision, it is the
responsibility of the Contractor to provide such notice.
Notice Requirements: If an insurable incident occurs while vendor is engaged in a City project, notification to
the City is required.
Insurance Carrier Financial Stability Requirements:
Insurance must be provided by companies authorized to do business in the State of Florida. City reserves the
right but not the obligation to reject any insurer providing coverage due to poor or deteriorating financial
condition.
The Company must be rated no less than “A-” as to management, and no less than “Class VII” as to financial
strength, by the latest edition of Best Insurance Guide published by A.M. best Company, or its equivalent. All
policies or certificates of insurance are subject to review and verification by Risk Management. If a company is
downgraded during the agreement term, Vendor shall notify the City.
Certificates of Insurance/Verification of Coverage: Proof of the required insurance must reflect all required
insurance above will be furnished by Vendor to the City of Dania Beach Human Resources Department by
Certificate of Insurance within 5 days of notification of award. All certificates (and any required documents)
must be received and approved by Human Resources before any work commences to permit Vendor time to
remedy any deficiencies.
Request For Qualification #25-011 Title: CONSTRUCTION MANAGER AT RISK SERVICES FOR PJ MELI AQUATIC COMPLEX
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Valid Certificates verifying coverage is in force as required above must be on file with the City at all times
during contract. If the policies renew during the term of the Contract, updated Certificates verifying coverage is
in force shall be submitted to the City within 10 days of expiration. Contractor and/or any Subcontractor shall
not perform or continue to work pursuant to this agreement, unless all coverages remain in full force and effect;
work delay is subject to provisions in this agreement. If vendor fails to provide proof of insurance within 7 days
of City’s receipt of notice at any time during this agreement, the City shall have the right to consider the
agreement breached, and therefore terminated.
A copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate.
Notices/ Certificate Holder:
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
Email: Wayne Fletcher
wfletcher@daniabeachfl.gov
The City of Dania Beach, Florida reserves the right to review/revise, reject or accept any required policies of
insurance, including limits, coverages or endorsements, herein at the time of the insurance submission.
Request For Qualification #25-011 Title: CONSTRUCTION MANAGER AT RISK SERVICES FOR PJ MELI AQUATIC COMPLEX
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7. TERMS AND CONDITIONS
7.1. INTERPRETATIONS
Any interpretations, clarifications or additional information not disclosed in this RFQ and determined to be
necessary by the City in response to Proposer’s questions will be issued by means of addendum or addenda,
which addendum or addenda will be posted to the City's e-Procurement Portal at
https://procurement.opengov.com/portal/daniabeachfl, for all interested persons identified by the City as having
received the RFQ. The Proposers are required to check the site to see if there has been any addendum or
addenda posted regarding this RFQ. Only questions answered and information supplied by means of such
Addendum or Addenda will be considered as binding. Oral interpretations, clarifications or other information
will have no legal and binding effect.
A. All questions requiring clarification or interpretation of the RFQ documents shall be made in writing and
shall be delivered to the City by Friday, April 4, 202510:00 am.
B. Any modification or interpretation of the RFQ documents lies within the sole and exclusive judgment of
the City or its Consultant, if so authorized by City, and shall be made in writing in the form of an
Addendum or Addenda to all those who or which are recorded by the City, as having obtained a
complete set of the RFQ documents.
C. Interpretations or modifications of the RFQ documents made in any manner other than an Addendum or
Addenda issued by the City shall not be binding. All updates, clarifications, or modifications to the
RFQ shall be issued via written Addendum or addenda and shall be provided to all Proposers.
D. A Proposer, prior to submitting its Response, shall ascertain in writing that it has received any
Addendum or all Addenda issued for the services.
E. Costs for those matters not questioned and not addressed in an Addendum or Addenda shall be the
responsibility of the Proposer, and Proposer shall be responsible to include such costs in the RFQ.
7.2. PUBLIC RECORDS
A. Proposer agrees to keep and maintain public records in Proposer’s possession or control in connection
with Proposer’s performance under the Agreement. Proposer additionally agrees to comply specifically
with the provisions of Section 119.0701, Florida Statutes. Proposer shall ensure that public records that
are exempt or confidential and exempt from public records disclosure requirements are not disclosed,
except as authorized by law, for the duration of the Agreement, and following completion of the
Agreement until the records are transferred to the City.
B. Upon request from the City custodian of public records, Proposer shall provide the City with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by
law.
Request For Qualification #25-011 Title: CONSTRUCTION MANAGER AT RISK SERVICES FOR PJ MELI AQUATIC COMPLEX
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C. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and
other data and documents provided or created in connection with the Agreement are and shall remain the
property of the City.
D. Upon completion of the Agreement or in the event of termination by either party, any and all public
records relating to the Agreement in the possession of the Proposer shall be delivered by the Proposer to
the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by
Proposer shall be delivered to the City in a format that is compatible with the City’s information
technology systems. Once the public records have been delivered upon completion or termination of the
Agreement, the Proposer shall destroy any and all duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements.
E. Any compensation due to Proposer shall be withheld until all records are received as provided in this
RFQ.
F. Proposer’s failure or refusal to comply with the provisions of this section shall result in the immediate
termination of the Agreement by the City.
G. Section 119.0701(2)(a), Florida StatutesIF THE PROPOSER HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPOSER’S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, THE
PROPOSER MUST CONTACT THE CITY CUSTODIAN OF PUBLIC RECORDS. Custodian of
Records: ELORA RIERA, MMCMailing Address: 100 W. Dania Beach
Boulevard Dania Beach, Florida 33004 Telephone
number: 954-924-9800, Ext. 3623Email: eriera@daniabeachfl.gov
7.3. RESPONSE PROTEST PROCEDURE
A. After a Notice of Recommendation to Award a contract is posted, any actual or prospective Proposer in
connection with the pending award of the Contract, or any element of the process leading to the award
of the Contract may protest to the City Manager. A protest must be filed by 5:00 P.M. on the third (3rd)
Business Day after posting of the Notice of Award (excluding the day that the Notice is posted) or any
right to protest is waived. The protest must be in writing, must identify the name and address of the
protester, and must include a factual summary of, and the basis for, the protest. Filing shall be
considered complete when the written protest, together with an RFQ Protest w are both timely received
by the City Manager’s Office. No RFQ Protest shall be accepted unless it complies with the
requirements of this Section.
B. An RFQ Protest Bond is intended to compensate the City for the expenses of administering the
protest. If the protest is decided in the protester's favor, the entire deposit shall be returned to the
protester. If the protest is not decided in the protester's favor, the deposit shall be retained by the
City. The deposit shall be in the form of a cashier's check. The amount of the RFQ Protest Bond shall
be Five Thousand Dollars ($5,000.00).
Request For Qualification #25-011 Title: CONSTRUCTION MANAGER AT RISK SERVICES FOR PJ MELI AQUATIC COMPLEX
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C. Prior to any decision being rendered under this section with respect to a Proposal protest, the City
Manager and the City Attorney, or their respective designees, shall certify whether the submission of the
Proposer to the Proposal in question is responsive. The parties to the protest shall be bound by the
determination of the City Manager and the City Attorney with regard to the issue of responsiveness.
D. Protest Committee: The Protest Committee shall have the authority to review, settle, and resolve all
protests. Members of the Protest Committee will be appointed by the City Manager. If the Protest
Committee determines that the pending award of a contract or any element of the process leading to the
award involved a significant violation of law, applicable rule or regulation, all steps necessary and
proper to correct the violation shall be taken. If the Protest Committee determines that the protest has
merit, the City Manager shall direct all appropriate steps be taken to remedy it.
1. The decision shall specifically state the reasons for the action taken and inform the protestor of its
right to challenge the decision. Any person aggrieved by any action or decision of the Protest
Committee, with regard to any decision rendered under this section may appeal the decision to the
City Commission for a hearing. The City Commission will hear the appeal and render a final
decision.
E. In the event of a timely protest, the City Manager shall stay the award of the Contract, unless after
consulting with the City Attorney and a representative from the City’s Department for which the
services are being obtained, the City Manager then determines that the award of the contract is necessary
without delay to protect the substantial interests of the City. The continuation of the award process
under these circumstances shall not preempt or otherwise affect the protest.
F. The institution and filing of a protest under this provision is an administrative remedy that shall be
employed prior to the institution and filing of any civil action against the City concerning the subject
matter of the protest.
7.4. CONE OF SILENCE
A. Definitions: “Cone of Silence,” as used in this RFQ means a prohibition on any communication
between:
o a potential vendor, service provider, proposer, lobbyist, or consultant, and
o a City Commission member, City’s professional staff including, but not limited to, the City Manager
and her staff, or any member of the City’s Bid Review Committee.
B. Restriction; Notice: A Cone of Silence shall be imposed upon this RFQ upon the advertisement of the
RFQ. At the time of imposition of the Cone of Silence, the City Manager or designee shall provide for
public notice of the Cone of Silence by posting a notice at the City Hall.
C. Termination of Cone of Silence: The Cone of Silence shall terminate at the beginning of the City
Commission (whether a regular or special meeting) at which the City Manager makes a written
recommendation of award to the City Commission. However, if the City Commission refers the City
Request For Qualification #25-011 Title: CONSTRUCTION MANAGER AT RISK SERVICES FOR PJ MELI AQUATIC COMPLEX
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Manager’s recommendation back to the City Manager or staff for further review, the Cone of Silence
shall be re-imposed until such time as the City Manager makes a subsequent written recommendation.
D. Exceptions to Applicability: The provisions of this section shall not apply to:
o Communication with the City RFQ representative;
o Oral communications at pre-proposal conferences;
o Oral presentations before the Bid Review Committee;
o Public presentations made to the City Commission members during any duly noticed public meeting;
o Communications regarding the RFQ between a potential vendor, service provider, proposer, lobbyist
or consultant and the City’s Procurement Administrator or City employee designated as responsible
for administering the procurement process for the RFQ, provided the communication is limited
strictly to matters of process or procedure already contained in the corresponding solicitation
document;
o Communications with the City Attorney and his staff;
o Duly noticed site visits to determine the competency of a Proposer regarding the RFQ during the
time period between the opening of Proposals and the time the City Manager makes a written
recommendation;
o Any emergency procurement of goods or services pursuant to City Code;
o Proposals to the City’s request for clarification or additional information
o Communications to enable City staff to seek and obtain industry comment or perform market
research, provided all related communications between a potential vendor, service provider,
proposer, lobbyist, or consultant and any member of the City’s professional staff including, but not
limited to, the City Manager and staff are in writing or are made at a duly noticed public meeting .
E.
F. Penalties: Violation of this section by a Proposer or other listed person shall render any RFQ award or
contract to the Proposer voidable by the City Commission or City Manager. Any person who violates a
provision of this section may be prohibited from serving on the City Bid Review Committee. In addition
to any other penalty provided in this RFQ, violation of any provision of this section by a City employee
may subject the employee to disciplinary action.
Please contact the City Attorney for any questions concerning “Cone of Silence” compliance.
Request For Qualification #25-011 Title: CONSTRUCTION MANAGER AT RISK SERVICES FOR PJ MELI AQUATIC COMPLEX
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8. Vendor Questionnaire
1. Have you uploaded your firms proposal documents, required supporting attachments and submission
requirements listed in Section 4.2 & 4.3?*
If no, please use this section in OpenGov to upload your firm's proposal, supporting attachments and
submission documents listed in sections 4.2 and 4.3. Please upload documents as one combined PDF
*Response required
2. Have you uploaded your firms' financials?*
If no, please use this section to upload your financial documents.
*Response required
515 Palm StreetWest Palm Beach, Florida 33401(561) 659-1400Fax (561) 659-1402
Vincent G. Burkhardt President
June 30, 2025
City of Dania Beach
100 W Dania Beach Blvd
Dania Beach, FL 33004-3643
Attn: Mrs. Cassi Waren, Director – Parks and Recreation
RE: Scope and fee proposal for pre-construction services RFQ NO. 25-011
Construction Manager at Risk (CMAR) for P.J. Meli Aquatic Complex
Dear Mrs. Warren,
Burkhardt Construction, Inc., acting as Construction Manager at Risk (CMAR), is pleased to
provide the attached scope and fee proposal to the City of Dania Beach (Owner) for pre-
construction services for P. J. Meli Aquatic Complex described in RFQ No. 25-011.
Burkhardt Construction, Inc. preconstruction services are composed of the following:
SCOPE OF WORK
1.Pre-construction Progress Meetings
2.Constructability Reviews / Value Engineering and Cost Estimates
3.Traffic Control Plan and Public Outreach
4.Pre-construction Scheduling
5.Guaranteed Maximum Price Development
Please feel free to contact me directly should you have any questions regarding any of the
information included in this letter or the attached scope of work and services.
Respectfully submitted,
Burkhardt Construction, Inc.
Marc R. Kleisley
Vice President
515 Palm StreetWest Palm Beach, Florida 33401(561) 659-1400Fax (561) 659-1402
Task 1: Pre-Construction Progress Meetings:
(A) The CMAR shall participate in design team progress meetings attended by the CM,
Designer, Owner, and others as requested. The CMAR shall provide agendas and
produce meeting notes from each meeting documenting the issues of the Project,
assigning responsibilities for issue resolution and tracking timelines for issue resolution.
CMAR shall provide meeting minutes after every progress meeting for the Owner and
design team to review and accept.
The CMAR anticipates fifteen (15) meetings
(B) This task will include the CMAR participating in community meetings, Commission
meetings and Development Review Committee meetings throughout the design process
as required by the Owner. These meetings shall include the introduction of the project
team, who & how to contact team individuals, discussion of the project
sequences/phasing, project timelines and additional details as requested by the Owner.
The CMAR anticipates two (2) meetings.
(C) Permit Tracking and Coordination – This task involves tracking permits for building,
zoning, environmental, engineering, etc. and coordinating with City or agencies for
approvals. Also, ensuring subcontractors comply with permit requirements.
Task 1 – $ 19,320.00
Task 2: Constructability Review / Value Engineering and Cost Estimates:
The CMAR will conduct document design reviews at 30% Construction Documents
(CD’s) and 60% CD’s. CMAR shall work with the designer to provide alternatives and design
solutions that are cost effective, value added and provide risk mitigation during construction.
The CMAR shall provide construction expertise in development of the construction
documents to provide optimal phasing and sequencing of the construction work to stay within
budget and schedule. CMAR shall perform a constructability analysis to identify defects,
omissions, and recommendations for alternatives, value engineering for all phases of the Project.
The constructability analysis shall include a review of: accessibility, construction methods,
assembly, installation, material handling, expandability, phasing and other construction phase
activities, and shall be delivered to Owner as a written document. CMAR shall also identify and
help resolve other issues that might affect the aesthetics and longevity of the final work product
and to mitigate logistical construction constraints.
Cost estimates will be performed at Conceptual plans, this is called the 30% CD’s and
60% CD’s to help determine the budget and to keep the project on track.
Task 2 – $ 24,160.00
515 Palm StreetWest Palm Beach, Florida 33401(561) 659-1400Fax (561) 659-1402
Task 3: Traffic Control Plan and Public Outreach:
CMAR shall develop, for approval by the City, a community plan to minimize the
construction impacts to residents, businesses, vehicular traffic and pedestrians, the public and
surrounding projects, in this active urban environment. This plan shall include methods of
outreach and information flow and communication between the Construction Team, businesses,
school representatives and/or neighborhood associations impacted by each project phase.
The CMAR will develop a traffic control plan which will provide coordinated adequate
accessibility to businesses along the corridor. The Traffic Control Plan shall address typical rush
hour traffic, school traffic and provide for construction sequencing that will optimize the
coordinated construction schedule along the work corridor.
Task 3 – $ 2,320.00
Task 4: Pre-Construction Scheduling:
The CMAR shall develop a master Pre-Construction Phase Bar Chart schedule
incorporating design development, permitting, plan review, cost estimate preparation, guaranteed
maximum price preparation, submittal review and approval, long lead item identification and
procurement, kickoff informational meeting, project ground-breaking, coordinated construction
sequencing, staging, and the overall construction schedule for the Project.
Task 4 – $ 6,960.00
Task 5: Guaranteed Maximum Price (GMP) Development:
This scope consists of the CMAR preparing the Guaranteed Maximum Price and the final
construction budget based on the 100% construction documents provided by the Owner/Design
Team. The GMP shall consist of detailed line items for all major work to be performed. The GMP
will follow the same format as the cost estimates. The following activities will take place, but will
not be limited to:
A. Public Advertisement: The CMAR will place an ad in a south Florida newspaper.
Each ad will run for ten days over two consecutive weekends as a public notice to
subcontractors to pre-qualify with the CMAR. Ads can be run in additional
newspapers at the Owner’s request as well.
B. Subcontractor Pre-Qualification: The CMAR will use a pre-qualification
questionnaire to qualify subcontractors who wish to bid on the projects. The
questionnaire has subcontractors address items like bonding capacity, insurance
515 Palm StreetWest Palm Beach, Florida 33401(561) 659-1400Fax (561) 659-1402
requirements, current schedule of work on hand, how many full time employees the
firm has working for it, and other items that the CMAR feels are necessary to have a
good subcontracting pool with which to issue bid packages. The CMAR will also
respond to any questions the subcontractors have about prequalifying. The CMAR
will then create a list of prequalified bidders and review them with the team to
determine if a larger pool is required.
C. Bid Package Preparation: The CMAR will conduct quantity surveys on the 100%
construction plans using the same procedures used in the cost estimates to form
scopes of work for each trade. These quantities are an in-house product used as an
independent verification for use in analyzing subcontractor bids. These quantities will
be put in an Excel spreadsheet and distributed to the qualified subcontractors as the
bid form with the Invitation to Bid and Instructions to Bidders. The bid packages that
will be developed will be tailored to the market of prospective bidders.
D. Issuance of Bid Packages:. The CMAR will issue bid packages to all qualified
subcontractors that will include the Invitation to Bid, Instructions to Bidders and the
bid form. The CMAR will conduct pre-bid meetings with prequalified subcontractors
and conduct pre-bid tours of the project site, if necessary, Any questions that arise
during the bidding phase will be answered in an addendum that will be sent to all
bidding subcontractors. A date will be set to receive bids from all subs. This date will
be firm and any subcontractor who submits after this date will be disqualified.
E. Analyzing of Subcontractor Bids: After the CMAR receives all qualified bids (i.e.
The bidding subcontractor responds on time with a complete bid) they will then begin
analyzing and comparing the subcontractor bids. The CMAR will first be sure that all
bids received are complete and that they acknowledge any and all addenda. Then the
CMAR will set up a bid comparison spreadsheet to compare which subcontractors
are low in their scope of work. The CMAR will conduct post bid meetings with
individual subcontractors to confirm scope coverage and where necessary, create a
scope coordination matrix to avoid any overlap of scope. After preparing and
analyzing the comparison spreadsheets, the CMAR will prepare a recommendation
for the apparent low bidder in each scope of work.
F. Preparation of the Guaranteed Maximum Price (GMP): After going through all these
steps, the CMAR will compile the GMP for the Owner. Included in this GMP will be
the CMAR’s general conditions, construction phase management team, profit and
contingency. The CMAR will calculate the amount of savings the City can expect
from Owner Direct Purchase.
515 Palm StreetWest Palm Beach, Florida 33401(561) 659-1400Fax (561) 659-1402
The aforementioned information shall be presented to the Owner along with all supporting
documentation (bid advertisements, bid packages, quantity surveys, subcontract bids, vendor
quotes, spread sheet analysis, CMAR recommendations, line-item direct construction costs,
general conditions, construction phase management team, CMAR fee, contingency, exceptions
and clarifications, and plan log) shall be bound and submitted to the Owner for review,
discussion, and approval.
Once approved, the GMP shall become the basis of the construction phase of the contract and
shall be documented as an amendment to the base Contract.
Task 5 – $ 35,900.00
TOTAL PRE-CONSTRUCTION SERVICES FEE ALL TASKS 1 THROUGH 5:
$ 88,660.00
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 or alternative pre-
construction services be requested. Additional pre-construction services scope and fee proposals
for other services shall be prepared and submitted by the CMAR as requested by the Owner.
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.
Respectfully,
Burkhardt Construction, Inc.
Marc R. Kleisley
Vice President
515 Palm StreetWest Palm Beach, Florida 33401(561) 659-1400Fax (561) 659-1402
City of Dania Beach
Scope and fee proposal for pre-construction services
RFQ No. 25-011
Construction Manager at Risk (CMAR)
for Construction of P.J. Meli Aquatic Complex
Hourly Rates for Additional Requested
Pre-Construction Services
Name Position Rate
Vincent G. Burkhardt President $325.00
Sharon H. Burkhardt Secretary/C.P.A. $215.00
Marc R. Kleisley Vice President/Proj. Principal $215.00
Anthony Sabatino Senior Project Manager $160.00
Bill Zammit Snr. Vertical Project Manager $160.00
Adam Rossmell Project Manager $125.00
CJ Rhody Project Manager $125.00
Brandon Rhodes Project Manager $125.00
Kevin Brennen Project Manager $125.00
Nicholas Fasulo Project Manager $125.00
Ruben Almazan Const. Field Mgr. $105.00
Bob Woods Const. Field Mgr. $105.00
Mike Vazquez Const. Field Mgr. $105.00
Karl T. Kaminski Utilities Const. Field Mgr. $105.00
Hemant Tank Estimator/Cost Engineer $100.00
` Resident/Merchant Outreach $100.00
Sarah B. Hoadley Accounting Manager/M.B.A. $ 95.00
Katy Pantaleon Accounting $ 85.00
Rina Jorges Admin. Ass’t/Clerical $ 55.00
Crystal Caldwell Admin. Ass’t/Clerical $ 55.00