HomeMy WebLinkAboutR-2022-144 Burkhardt Construction, Inc. Agreement for Construction Management at Risk Services for C.W. Thomas Park Improvements (RFQ 21-024) RESOLUTION NO. 2022-144
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. 21-
024 ENTITLED, "CONSTRUCTION MANAGEMENT AT RISK SERVICES"
FOR C.W. THOMAS PARK IMPROVEMENTS RELATED TO THE NEW
CONSTRUCTION AT THE PARK TO BURKHARDT CONSTRUCTION,INC.,
IN THE AMOUNT OF NINETY ONE THOUSAND FIFTEEN DOLLARS
($91,015.00) FOR PRE-CONSTRUCTION SERVICES, WITH A MUTUALLY
AGREED UPON GUARANTEED MAXIMUM PRICE ("GMP") TO BE
PROVIDED ONCE THE DESIGN REACHES NINETY PERCENT (90%)
COMPLETE AND ESTABLISHING THE PROCESS FOR CONSTRUCTION
SERVICES ONCE GMP IS APPROVED; AND TO EXCEED AN ANNUAL
VENDOR EXPENDITURE THRESHOLD OF TWENTY FIVE THOUSAND
DOLLARS ($25,000.00); PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 2021-196, adopted on December 14, 2022, the
City Commission authorized the City Administration to begin contract negotiations with the top
ranked firm, Burkhardt Construction, Inc., related to RFQ No. 2021-024 entitled "Construction
Management at Risk Services" for C.W. Thomas Park Improvements; and
WHEREAS, the City Commission approved and adopted Resolution No. 2022-051 on
March 22, 2022, related to the issuance of Capital Improvement Non-Ad Valorem Revenue Note
in the amount not to exceed$18,100,000.00 for the purpose of financing the improvements at C.W.
Thomas Park; and
WHEREAS, on February 22, 2022, the City Commission adopted on second reading,
Ordinance No. 2022-010 which authorized the expenditure of City funds exceeding$1,000,000.00
which expenditure is not to exceed$18,100,000.00 to fund the"Parks Master Plan Phase I—C.W.
Thomas Park Project"; 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 $91,015.00 for Pre-Construction Services, and the structure for
developing the mutually agreed upon GMP, upon 90% completion of the design; and
WHEREAS, this expenditure will exceed the annual Twenty-Five Thousand Dollars
($25,000.00) 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 foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct, and they are made a specific part of and incorporated into this Resolution
by this reference.
Section 2. That the proper City officials are authorized to execute an Agreement with
Burkhardt Construction, Inc. for the Construction Manager at Risk for C.W. Thomas Park
Improvements in the amount of $91,015.00 for Pre-Construction Services, which amount will
exceed the annual vendor threshold of$25,000.00 and to approve the structure for developing the
mutually agreed upon GMP, upon 90% completion of the design.
Section 3. The funding for the Construction Manager at Risk is available within the
Parks Masterplan Construction Fund and shall be appropriated to Professional Services account
number 302-72-03-572-31-10.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall be in full force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED on September 14, 2022.
ATTEST:
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THOMAS SCHNEIDER, CMC • TAMARA JAM ?-
CITY CLERK MAYOR
1/SH1
APPROVED AS TO FORM AND CORRECTNESS:
E E . BO TSIS
C ATTORNEY
2 RESOLUTION#2022-144
WHEREAS, on February 22, 2022, the City Commission adopted on second reading,
Ordinance No. 2022-010 which authorized the expenditure of City funds exceeding$1,000,000.00
which expenditure is not to exceed$18,100,000.00 to fund the"Parks Master Plan Phase I—C.W.
Thomas Park Project"; 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 $91,015.00 for Pre-Construction Services, and the structure for
developing the mutually agreed upon GMP, upon 90% completion of the design; and
WHEREAS, this expenditure will exceed the annual Twenty-Five Thousand Dollars
($25,000.00) City purchase threshold for a single vendor,requiring City Commission approval;
CONSTRUCTION MANAGER-AT-RISK CONTRACT
This Contract made and entered into this day of , 20
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"), a Florida Corporation, having its principal office located at 1400
Alabama Avenue, West Palm Beach, Florida 33401.
WITNESSETH:
Construction Manager,having been awarded the Contract for the furnishing of services for
the construction of the furnishing of all labor, equipment and materials for: CW Thomas Park, -
Park Improvements, at 100 NW 8th Avenue,Dania Beach,FL(the"Project"). The concept for this
project includes but is not limited to a new community center that incorporates an indoor
gymnasium, elevated walking/jogging track, a fitness room, classrooms, meeting rooms,
kitchen/catering area, storage,a lobby area and staff offices,restrooms,camp/programming rooms
and more. In addition to the community center the location will also be home to an outdoor pool,
water park/playground, a multi-use field (soccer/football), basketball court(s), walking paths,
outdoor exercise areas, and two children's playgrounds with increased onsite parking. The
"Project" is proposed in accordance with the Request for Qualifications 21-024("RFQ")therefore,
and for and in consideration of the promises and of the covenants and agreements, and of the
payments herein specified,to be made and performed by the Construction Manager and the Owner,
the Construction Manager hereby covenants and agrees to and with the Owner to undertake and
execute all of the said named work, in a good, substantial and workmanlike manner, and to furnish
and pay for all materials, labor, supervision, equipment, supplies, fees, expertise, incidentals and
services necessary to fully complete all Work, as defined in Article 1.4.8 below, in accordance
with all requirements of the Contract Documents, and in accordance with all applicable codes and
governing regulations. 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
ARTICLE 1
THE CONSTRUCTION TEAM AND EXTENT OF CONTRACT
1.1 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
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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.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.
Notwithstanding any provisions of this Contract to the contrary, nothing in this Contract is
intended to create a fiduciary relationship between Owner and Construction Manager.
1.1.1 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 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.
1.2 The Construction Team. The Construction Manager, the Owner, and the Architect (the
"Construction Team") will cooperate together through the completion of construction. The
Construction Manager shall provide leadership to the Construction Team on all matters relating to
construction. The Architect will provide leadership to the Construction Team on all matters
relating to design.Nothing herein is intended to make the Owner liable for the acts or deeds of the
Construction Manager, it being understood that Construction Manager at all times is an
independent contractor
1.3 Extent of Contract. This Contract is complementary to the Drawings, Specifications and
the General Conditions of the Contract, and together represent the entire integrated agreement
between the Owner and the Construction Manager, superseding all prior negotiations,
representations or agreements, either written or oral. Where this Contract is expressly in conflict
with the General Conditions of the Contract, this Contract will prevail. Where this Contract is
silent, the General Conditions of the Contract, and the requirements of the Drawings and
Specifications will prevail,in that order.This Contract may be amended only by written instrument
signed by the Owner and the Construction Manager.
1.4 Terms used in the Contract shall have the following meanings:
1.4.1 "Owner" means The City of Dania Beach, Florida, or "City," and the terms may be used
interchangeably;
1.4.2 "Design Professional" shall mean Architect, Engineer and other licensed Design
Professionals engaged by the City;
1.4.3 "Contractor" means Construction Manager, and the terms may be used interchangeably;
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1.4.4 "Subcontractor" means Trade Contractor, and the terms may be used interchangeably;
1.4.5 "Contract Sum" means Guaranteed Maximum Price ("GMP"), and the terms may be used
interchangeably;
1.4.6 "Construction Team" means Owner, Architect and Construction Manager; and
1.4.7 "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.
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 The Preconstruction Phase.
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 maintaining the project budget and project
scope. The Construction Manager shall:
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 reports shall include a complete discussion and
summary of the services provided in accordance with Subparagraphs 2.1.2 through 2.1.8 herein
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.
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the Contract, and the requirements of the Drawings and
Specifications will prevail,in that order.This Contract may be amended only by written instrument
signed by the Owner and the Construction Manager.
1.4 Terms used in the Contract shall have the following meanings:
1.4.1 "Owner" means The City of Dania Beach, Florida, or "City," and the terms may be used
interchangeably;
1.4.2 "Design Professional" shall mean Architect, Engineer and other licensed Design
Professionals engaged by the City;
1.4.3 "Contractor" means Construction Manager, and the terms may be used interchangeably;
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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.
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. 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.
2.1.11 Schedule and conduct monthly meetings of the Construction Team, and prepare and
distribute minutes.
2.1.12 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
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1.4.2 "Design Professional" shall mean Architect, Engineer and other licensed Design
Professionals engaged by the City;
1.4.3 "Contractor" means Construction Manager, and the terms may be used interchangeably;
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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.
2.1.12.1 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.
2.1.12.2 If the GMP proposal is not accepted by the Owner, the Owner shall so 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
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. 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.
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; 0 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.
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tion Manager shall
notify the Owner immediately, prior to developing the GMP. All assumptions made by the
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1.4.2 "Design Professional" shall mean Architect, Engineer and other licensed Design
Professionals engaged by the City;
1.4.3 "Contractor" means Construction Manager, and the terms may be used interchangeably;
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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
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.
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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.
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.
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res, 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.
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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.
2.2.13.1 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.
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.
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l 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.
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res, 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.
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2.2.17 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
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 increasing 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.
2.2.18 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.
ARTICLE 5
SCHEDULE
5.1 Preconstruction Phase. The Construction Manager shall complete the documents and items
provided for in Article 2.1, et.seq., above ,within 270 calendar days, 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.
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ge 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.
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l 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.
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res, 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.
6
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
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 by the Contract Documents as defined in Article 8 herein, the
Construction Manager's Fixed Fee as defined in Paragraph 6.1.1 below, the Contingency Fund,
and Construction Manager's Lump Sum General Conditions. The GMP will be established based
on construction documents prepared by the Design Professional. The GMP is guaranteed by the
Construction Manager not to exceed the amount established herein, subject to additions and
10
s such Coordination Drawings as may be necessary
to properly coordinate the Work among the Trade Contractors.
6
deductions by Change Order as provided for elsewhere in this Contract. Cost 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.
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.
11
on Drawings as may be necessary
to properly coordinate the Work among the Trade Contractors.
6
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 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.
6.8 Adjustments to the GMP will be made as described in the Conditions of the Contract.
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$91,015.00 to be paid in the amounts
specified at the satisfactory completion of the following phases:
Preconstruction Progress Meetings $18,400.00
Constructability Reviews/Value Engineering and Cost Estimates $29,655.00
Traffic Control Plan and Public Outreach $ 2,200.00
Preconstruction Scheduling $ 6,600.00
Guaranteed Maximum Price Development $34,160.00
TOTAL: $91,015.00
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
12
ment 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.
11
on Drawings as may be necessary
to properly coordinate the Work among the Trade Contractors.
6
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:
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.
13
s 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
12
ment 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.
11
on Drawings as may be necessary
to properly coordinate the Work among the Trade Contractors.
6
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
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
14
tract is terminated for cause, as elsewhere provided for herein.
11
on Drawings as may be necessary
to properly coordinate the Work among the Trade Contractors.
6
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.
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.
15
djustments, 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
14
tract is terminated for cause, as elsewhere provided for herein.
11
on Drawings as may be necessary
to properly coordinate the Work among the Trade Contractors.
6
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.
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;
16
t, 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.
15
djustments, 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
14
tract is terminated for cause, as elsewhere provided for herein.
11
on Drawings as may be necessary
to properly coordinate the Work among the Trade Contractors.
6
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;
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.
17
l,
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.
15
djustments, 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
14
tract is terminated for cause, as elsewhere provided for herein.
11
on Drawings as may be necessary
to properly coordinate the Work among the Trade Contractors.
6
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;
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 The Owner, without invalidating this Contract, may order Changes in the Work within the
general scope of this Contract consisting of additions,deletions, or other revisions. All changes in
the Work shall be authorized as described in the General Conditions of the Contract. Except in
cases of emergency endangering life or property, the Construction Manager shall allow no
Changes in the Work without the prior written approval of the Owner.
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.
18
17
l,
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.
15
djustments, 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
14
tract is terminated for cause, as elsewhere provided for herein.
11
on Drawings as may be necessary
to properly coordinate the Work among the Trade Contractors.
6
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
19
y 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 The Owner, without invalidating this Contract, may order Changes in the Work within the
general scope of this Contract consisting of additions,deletions, or other revisions. All changes in
the Work shall be authorized as described in the General Conditions of the Contract. Except in
cases of emergency endangering life or property, the Construction Manager shall allow no
Changes in the Work without the prior written approval of the Owner.
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.
18
17
l,
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.
15
djustments, 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
14
tract is terminated for cause, as elsewhere provided for herein.
11
on Drawings as may be necessary
to properly coordinate the Work among the Trade Contractors.
6
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.
20
the Work within the
general scope of this Contract consisting of additions,deletions, or other revisions. All changes in
the Work shall be authorized as described in the General Conditions of the Contract. Except in
cases of emergency endangering life or property, the Construction Manager shall allow no
Changes in the Work without the prior written approval of the Owner.
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.
18
17
l,
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.
15
djustments, 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
14
tract is terminated for cause, as elsewhere provided for herein.
11
on Drawings as may be necessary
to properly coordinate the Work among the Trade Contractors.
6
Coverage is to be maintained and applicable for a minimum of three (3)years following
contract completion.
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.
21
s in the Work without the prior written approval of the Owner.
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.
18
17
l,
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.
15
djustments, 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
14
tract is terminated for cause, as elsewhere provided for herein.
11
on Drawings as may be necessary
to properly coordinate the Work among the Trade Contractors.
6
• 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.
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
22
ds 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.
18
17
l,
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.
15
djustments, 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
14
tract is terminated for cause, as elsewhere provided for herein.
11
on Drawings as may be necessary
to properly coordinate the Work among the Trade Contractors.
6
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
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 Article
21 of 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;
23
Work.
18
17
l,
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.
15
djustments, 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
14
tract is terminated for cause, as elsewhere provided for herein.
11
on Drawings as may be necessary
to properly coordinate the Work among the Trade Contractors.
6
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;
g) Specifications;
h) Other documents specifically enumerated in the Contract as part of the Contract
Documents.
SPACE LEFT INTENTIONALLY BLANK
24
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
THOMAS SCHNEIDER, CMC TAMARA JAMES
CITY CLERK MAYOR
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM
CITY ATTORNEY CITY MANAGER
Dated: , 2022
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me by means of❑ physical presence or
❑ online notarization on this day of , 2022 by Tamara James as
Mayor, Ana Garcia, as City Manager of the City of Dania Beach, Florida, a municipal corporation, on
behalf of the municipal corporation,who is personally known to me.
NOTARY'S SEAL: NOTARY PUBLIC, STATE OF FLORIDA
(Name of Acknowledger Typed,Printed or Stamped)
Commission Number
25
rce 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 Article
21 of 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;
23
Work.
18
17
l,
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.
15
djustments, 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
14
tract is terminated for cause, as elsewhere provided for herein.
11
on Drawings as may be necessary
to properly coordinate the Work among the Trade Contractors.
6
"CONTRACTOR"
Burkhardt Construction, Inc.
Witnesses:
By:
Marc R. Kleisley, Vice President
(Print or Type Name)
(Print or Type Name)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of 0 physical presence
or 0 online notarization, on this day of , 2022, by Marc R.
Kleisley as Vice President 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
26
CITY OF DANIA BEACH
CONSTRUCTION MANAGEMENT AT RISK CONTRACT
SERVICES
GENERAL CONDITIONS
PROJECT NO. 21-024
Pages
GENERAL CONDITIONS GC-1 to GC-77 1 - 57
COUNTY OF
The foregoing instrument was acknowledged before me by means of 0 physical presence
or 0 online notarization, on this day of , 2022, by Marc R.
Kleisley as Vice President 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
26
GENERAL CONDITIONS
TABLE OF CONTENTS
ARTICLE
GC-1 ENTIRE AGREEMENT
GC-2 INDEPENDENT CONSTRUCTION MANAGER
GC-3 AUTHORIZED REPRESENTATIVES
GC-4 NOTICES
GC-5 LAWS AND REGULATIONS
GC-6 STANDARDS AND CODES
GC-7 CODE RELATED INSPECTIONS
GC-8 GOVERNING LAW
GC-9 RIGHTS AND REMEDIES
GC-10 COMMERCIAL ACTIVITIES
GC-11 COOPERATION WITH OTHERS
GC-12 FORMS&DOCUMENTS
GC-13 PUBLICITY AND ADVERTISING
GC-14 TAXES
GC-15 FEES
GC-16 UTILITIES
GC-17 SUCCESSORS,ASSIGNS AND ASSIGNMENT
GC-18 EXAMINATION OF CONSTRUCTION MANAGER'S RECORDS
GC-19 COORDINATION AND CORRELATION OF DRAWINGS
AND SPECIFICATIONS
GC-20 PERMIT DRAWINGS AND SPECIFICATIONS
owledger Typed,Printed or Stamped)
Commission Number
26
GC-21 CONTRACT INTERPRETATION
GC-22 DISPUTES-WAIVER OF JURY TRIAL
GC-23 SUSPENSION
GC-24 DECLARATION OF DEFAULT
GC-25 TERMINATION FOR DEFAULT
GC-26 OPTIONAL TERMINATION-TERMINATION FOR CONVENIENCE
GC-27 EXTENSION OF TIME/NO DAMAGES FOR DELAY
GC-28 WARRANTY
GC-29 PATENT INDEMNITY
GC-30 INDEMNITY
GC-31 INSURANCE
GC-32 SITE CONDITIONS
GC-33 NOT USED
GC-34 ACCESS TO WORK AREAS
GC-35 INGRESS AND EGRESS
GC-36 PRECONSTRUCTION CONFERENCE
GC-37 MEETINGS
GC-38 NOT USED
GC-39 DELIVERY, UNLOADING AND STORAGE
GC-40 WORK AREA
GC-41 PLANT,EQUIPMENT AND FACILITIES
GC-42 CONSTRUCTION MANAGER-FURNISHED MATERIALS,EQUIPMENT
AND WORKMANSHIP
PECIFICATIONS
owledger Typed,Printed or Stamped)
Commission Number
26
GC-43 SUBSTITUTIONS
GC-44 EXPEDITING
GC-45 FIELD LAYOUT OF WORK
GC-46 CONSTRUCTION MANAGER FURNISHED DRAWINGS,DATA
AND SAMPLES
GC-47 CONSTRUCTION SCHEDULE
GC-48 RESPONSIBILITY FOR WORK SECURITY
GC-49 PROTECTION OF WORK IN PROGRESS, MATERIALS AND EQUIPMENT
GC-50 PROTECTION OF EXISTING PROPERTY
GC-51 LABOR
GC-52 EQUAL EMPLOYMENT OPPORTUNITY
GC-53 SAFETY&PROTECTION OF PERSONS&PROPERTY
GC-54 PROJECT SITE PROTECTION
GC-55 FIRE PREVENTION
GC-56 ILLUMINATION
GC-57 RESERVED
GC-58 DUST CONTROL
GC-59 WATER POLLUTION
GC-60 AIR POLLUTION
GC-61 EXPLOSIVES &HAZARDOUS MATERIALS
GC-62 INSPECTION: REJECTION OF MATERIALS AND WORKMANSHIP
GC-63 TESTING
GC-64 PROGRESS
TIONS
owledger Typed,Printed or Stamped)
Commission Number
26
GC-65 CHANGES
GC-66 RECORD DRAWINGS AND SPECIFICATIONS
GC-67 MEASUREMENT OF AND PAYMENT FOR WORK
GC-68 PROGRESS PAYMENT PROCEDURES
GC-69 USE OF COMPLETED PORTIONS OF WORK
GC-70 ALLOWANCES AND UNIT PRICES
GC-71 SUBSTANTIAL COMPLETION
GC-72 FINAL INSPECTION AND ACCEPTANCE
GC-73 DISPOSAL OF MATERIAL OUTSIDE PROJECT LIMITS
GC-74 IDENTITY OF INTEREST WITH SUBCONTRACTORS/SUPPLIERS
GC-75 CLEANING UP
GC-76 PROJECT SIGNS
GC-77 PERFORMANCE AND PAYMENT BONDS
TION
GC-57 RESERVED
GC-58 DUST CONTROL
GC-59 WATER POLLUTION
GC-60 AIR POLLUTION
GC-61 EXPLOSIVES &HAZARDOUS MATERIALS
GC-62 INSPECTION: REJECTION OF MATERIALS AND WORKMANSHIP
GC-63 TESTING
GC-64 PROGRESS
TIONS
owledger Typed,Printed or Stamped)
Commission Number
26
GENERAL CONDITIONS
GC 1 ENTIRE AGREEMENT
1.1 This Construction Manager at Risk Contract embodies the entire agreement between
Owner and Construction Manager and supersedes all other writings, oral agreements, or
representations. The parties shall not be bound by or be liable for any statement, representation,
promise, inducement or understanding of any kind or nature not set forth herein. No changes,
amendments, or modifications of any of the terms or conditions of the Contract shall be valid
unless reduced to writing and signed by both parties.
GC 2 INDEPENDENT CONSTRUCTION MANAGER
2.1 Construction Manager represents that it is extensively experienced in the performance
of streetscape and infrastructure construction Work as provided for herein, and that it is properly
licensed as a General Contractor in the State of Florida, equipped, organized, and financed to
perform such Work. Construction Manager shall act as an independent contractor, and not as the
agent of Owner, in performing the Contract,maintaining complete control over its employees,and
all of its suppliers and subcontractors. Nothing contained in this Contract, or any subcontract
awarded by Construction Manager, shall create any contractual relationship between any such
supplier or subcontractor and the Owner. Construction Manager shall perform all work in
accordance with its own means, methods, sequences, and procedures, subject to compliance with
the Contract. Construction Manager represents that all subcontractor agreements entered into shall
incorporate by reference the terms and conditions of this Contract.
GC 3 AUTHORIZED REPRESENTATIVES
3.1 Before starting work, Construction Manager shall designate a competent,
authorized representative acceptable to Owner to represent and act for Construction Manager and
shall inform Owner in writing, of the name and address of such representative, together with a
clear definition of the scope of his/her authority to represent and act for Construction Manager,
and shall specify any and all limitations of such authority. Such representative shall be present or
duly represented at the site of work at all times when work is actually in progress. During periods
when work is suspended,arrangements for an authorized representative acceptable to Owner shall
be made for any emergency work that may be required. All notices, determinations, instructions,
and other communications given to the authorized representatives of the Construction Manager
shall be binding upon Construction Manager. Nothing contained herein shall be construed as
modifying the Construction Manager's duty of supervision and fiscal management as provided for
by Florida law. The Owner shall designate an authorized representative who will have limited
authority to act for the Owner. The Owner will notify the Construction Manager in writing of the
name of such representative(s). The Owner's representative will be the Capital Improvement and
Innovation Director (Engineering Department), or his designee(s). Any work performed by the
Construction Manager without proper authorization, is performed at the Construction Manager's
risk, and the Owner shall have no obligation to compensate the Construction Manager for such
work. The Owner has the right to assign various responsibilities of the Owner to the Architect of
Record and can do so at any time during the duration of this Contract with written notice to the
Construction Manager.
Page 1 of 57
ee in the performance of the Work
14
tract is terminated for cause, as elsewhere provided for herein.
11
on Drawings as may be necessary
to properly coordinate the Work among the Trade Contractors.
6
32 The Construction Manager's Authorized Representative, Qualifying Agents,
Project Managers,Superintendents and Supervisors are all subject to prior and continuous approval
of the Owner. If, at any time during the term of the Contract,any individual nominally performing
any of the positions named above is, for any reason, unacceptable to the Owner, Construction
Manager shall replace the unacceptable personnel with personnel acceptable to the Owner.
GC 4 NOTICES
4.1 Any notices provided for hereunder shall be in writing and may be served either
personally on the authorized representative of the receiving party at the job site, by certified mail,
return receipt requested, or national overnight courier to that party at the addresses shown below:
OWNER: City of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Attention: Ana Garcia, City Manager
CONSTRUCTION MANAGER: MARC R. KLEISLEY
VICE PRESIDENT
BURKHARDT CONSTRUCTION, INC.
1400 Alabama Avenue, Suite 20
West Palm Beach, Florida 33401
tel (561) 659-1400 I fax (561) 659-1402
marc@burkhardtconstruction.com
4.2 These addresses may be changed by either of the parties by written notice to the
other.
GC 5 LAWS AND REGULATIONS
5.1 Construction Manager and its employees and representatives shall at all times
comply with all applicable laws, codes, ordinances, statutes, rules and regulations in effect at the
time Work is performed under this Contract.
5.2 If, during the term of this Contract,there are any changed or new laws, ordinances
or regulations not known at the time of signing this Contract which become effective and which
are known to Construction Manager as a licensed general contractor regarding the performance
and conduct of the Work, and which affect the cost or time of performance of the Contract,
Construction Manager shall immediately notify Owner, in writing, and submit detailed
documentation of such affect in terms of both time and cost of performing the Contract. Upon
concurrence by Owner as to the effect of such changes, an adjustment in the compensation and/or
time of performance may be made, subject to the provisions elsewhere set forth in these Contract
Documents.
Page 2 of 57
at may be required. All notices, determinations, instructions,
and other communications given to the authorized representatives of the Construction Manager
shall be binding upon Construction Manager. Nothing contained herein shall be construed as
modifying the Construction Manager's duty of supervision and fiscal management as provided for
by Florida law. The Owner shall designate an authorized representative who will have limited
authority to act for the Owner. The Owner will notify the Construction Manager in writing of the
name of such representative(s). The Owner's representative will be the Capital Improvement and
Innovation Director (Engineering Department), or his designee(s). Any work performed by the
Construction Manager without proper authorization, is performed at the Construction Manager's
risk, and the Owner shall have no obligation to compensate the Construction Manager for such
work. The Owner has the right to assign various responsibilities of the Owner to the Architect of
Record and can do so at any time during the duration of this Contract with written notice to the
Construction Manager.
Page 1 of 57
ee in the performance of the Work
14
tract is terminated for cause, as elsewhere provided for herein.
11
on Drawings as may be necessary
to properly coordinate the Work among the Trade Contractors.
6
5.3 It is recognized that the Construction Manager's review of the drawings and
specifications is made in the Construction Manager's capacity as a contractor and not as a licensed
design professional. If any discrepancy or inconsistency should be discovered by Construction
Manager between the drawings and specifications and any law, ordinance, regulation, order or
decree, Construction Manager shall immediately report the same in writing to Owner and
Architect, who will issue such instructions as may be necessary. Owner shall grant extensions of
Contract Time and shall reimburse Construction Manager for the costs of all permits, general
conditions, and overhead, as well as any costs for inspections or submittals required as a result of
errors, inconsistencies, lack of coordination between Owner and Design Consultant,code errors or
omissions in the design documents,plans and Specifications for the project.
5.4 Construction Manager shall use its best efforts to investigate the rules, codes,
regulations,statutes,and all ordinances of all applicable governmental agencies having jurisdiction
over the Project or the Work,and advise Architect and Owner of same in writing,but Construction
Manager assumes no responsibility or liability for any failure of the design of the Project to comply
with same. However,at no time shall the Construction Manager's efforts fall below the commonly
accepted knowledge base of an experienced Florida licensed general contractor.
5.5 Owner shall not be liable for any costs, delays or damages which Construction
Manager incurs as a result of the actions or orders of any other governmental entity or agency that
are caused by Construction Manager's failure to comply with the terms of this Contract.
GC 6 STANDARDS AND CODES
6.1 Wherever references are made in the Contract to standards or codes in accordance with
which Work is to be performed or tested, the edition or revision of the standards or codes current
on the effective date of this Contract shall apply, unless otherwise expressly set forth. Unless
otherwise specified, reference to such standards or codes is solely for implementation of the
technical portions of such standards and codes.In case of conflict among any referenced standards
and codes,or between any referenced standards and codes,which are later revised during the course
of construction, the Owner will determine which shall govern. Construction Manager
acknowledges that compliance with code requirements represents minimum standards for
construction and is not evidence that the Work has been completed in accordance with the Contract
Documents.
GC 7 CODE RELATED INSPECTIONS
7.1 The Construction Manager recognizes that the City of Dania Beach, Development
Services Department, is a department within the City of Dania Beach, separate and apart from the
City of Dania Beach's Engineering department, that is charged with the inspection of
improvements to real property for code compliance. The Construction Manager agrees that it will
not assert, as an Owner caused delay, or as a defense of any delay on the part of the Construction
Manager, any good-faith action or series of actions on the part of the Development Services
Department, including, but not limited to, the Development Services Department's refusal to
accept any portion of the Construction Manager's Work. If it is ultimately determined by the
Architect and Owner that such delay was not the result of Construction Manager's failure to comply
with the Contract Documents, the Construction Manager may be entitled to make a claim for
extension of Contract Time only as its exclusive remedy, in accordance with the terms of the
Contract.
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GC 8 GOVERNING LAW
8.1 The Contract shall be governed by the laws of the State of Florida, and venue for any
action shall be in Broward County,Florida.
GC 9 RIGHTS AND REMEDIES
9.1 The duties and obligations imposed by the Contract Documents and the rights and
remedies available thereunder shall be in addition to and not a limitation of any duties,obligations,
rights and remedies otherwise imposed or available by law.
GC 10 COMMERCIAL ACTIVITIES
10.1 Construction Manager shall not establish any commercial activity or issue concessions
or permits of any kind to third parties for establishing commercial activities on lands owned or
controlled by Owner. Construction Manager shall not allow its employees to engage in any
commercial activities on the site.
GC 11 COOPERATION WITH OTHERS
11.1 Owner and other contractors may be working at the site during the performance of
this Contract. Construction Manager shall fully cooperate with the Owner, Owner's designated
Representative, and other separate contractors to avoid any delay or hindrance of their work.
Owner may require that certain facilities be used concurrently by Construction Manager and other
parties,and Construction Manager shall comply with such requirements. The Owner shall provide
for coordination of the activities of the Owner's own forces, and of each separate contractor, with
the Work of the Construction Manager, who shall cooperate and participate with other separate
contractors and the Owner in reviewing their construction schedules.
11.2 If any part of the Construction Manager's work depends on proper execution or
results from any work performed by the Owner or any separate contractor, the Construction
Manager shall, prior to proceeding with the Work, promptly report to the Owner any apparent
discrepancies or defects in such other work that render it unsuitable for such proper execution and
results. Failure of the Construction Manager to report such discrepancies or defects shall constitute
an acceptance of the Owner's separate contractor's work as fit and proper to receive Construction
Manager's Work, except as to defects which are not then reasonably discoverable or which may
subsequently become apparent in such work performed by others. Any costs caused by defective
or ill-timed work of others shall be borne by the Construction Manager, unless Construction
Manager gives written notice to Owner, if reasonably possible,prior to proceeding with the Work
and in any event within three (3) business days of commencement of Work. In no event shall
Owner be liable to the Construction Manager for delay damages, however, as provided for in the
Contract Documents.
GC 12 FORMS AND DOCUMENTS
12.1 The below listed documents are to be used by the Construction Manager and Owner
during the administration of this Contract. Additional administrative forms may supplement this
list upon written notice by the Owner(or Owner's Project representative).Owner reserves the right
to modify these forms as it deems necessary. Construction Manager shall maintain logs for Items
A-K and provide to Owner monthly.
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actions on the part of the Development Services
Department, including, but not limited to, the Development Services Department's refusal to
accept any portion of the Construction Manager's Work. If it is ultimately determined by the
Architect and Owner that such delay was not the result of Construction Manager's failure to comply
with the Contract Documents, the Construction Manager may be entitled to make a claim for
extension of Contract Time only as its exclusive remedy, in accordance with the terms of the
Contract.
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A. Request for Information
B. Field Instruction
C. Field Bulletin
D. Construction Change Proposal
E. Change Order
F. Construction Change Directive
G. Submittal Transmittal
H. Deficiency Report
I. Non-Conformance Report
J. Construction Manager's Daily Report
K. Substitution Report
12.2 Examples of the above listed forms are attached as Appendix"A."
GC 13 PUBLIC RECORDS; PUBLICITY AND ADVERTISING
13.1 Since Owner records are subject to disclosure under Chapter 119, F.S., Construction
Manager shall not make any announcement or release any information or publish any photographs
concerning this Contract or the Project, or any part thereof,to any member of the public,press or
any official body, unless prior written consent is obtained from Owner.
13.2 Public Records.
A. The City of Dania Beach is a public agency subject to Chapter 119,
Florida Statutes. The Contractor shall comply with Florida's Public Records Law,
as amended. Specifically,the Contractor shall:
1. Keep and maintain public records required by the City in
order to perform the service.
2. Upon request from the City's custodian of public records,
provide the City with a copy of 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 in Chapter 119, Florida Statutes or as otherwise provided
by law.
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ules.
11.2 If any part of the Construction Manager's work depends on proper execution or
results from any work performed by the Owner or any separate contractor, the Construction
Manager shall, prior to proceeding with the Work, promptly report to the Owner any apparent
discrepancies or defects in such other work that render it unsuitable for such proper execution and
results. Failure of the Construction Manager to report such discrepancies or defects shall constitute
an acceptance of the Owner's separate contractor's work as fit and proper to receive Construction
Manager's Work, except as to defects which are not then reasonably discoverable or which may
subsequently become apparent in such work performed by others. Any costs caused by defective
or ill-timed work of others shall be borne by the Construction Manager, unless Construction
Manager gives written notice to Owner, if reasonably possible,prior to proceeding with the Work
and in any event within three (3) business days of commencement of Work. In no event shall
Owner be liable to the Construction Manager for delay damages, however, as provided for in the
Contract Documents.
GC 12 FORMS AND DOCUMENTS
12.1 The below listed documents are to be used by the Construction Manager and Owner
during the administration of this Contract. Additional administrative forms may supplement this
list upon written notice by the Owner(or Owner's Project representative).Owner reserves the right
to modify these forms as it deems necessary. Construction Manager shall maintain logs for Items
A-K and provide to Owner monthly.
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actions on the part of the Development Services
Department, including, but not limited to, the Development Services Department's refusal to
accept any portion of the Construction Manager's Work. If it is ultimately determined by the
Architect and Owner that such delay was not the result of Construction Manager's failure to comply
with the Contract Documents, the Construction Manager may be entitled to make a claim for
extension of Contract Time only as its exclusive remedy, in accordance with the terms of the
Contract.
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3. 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 contract term and following
completion of the contract if the Contractor does not transfer the records to
the City.
4. Upon completion of the contract, transfer, at no cost to the
City,all public records in possession of the Contractor, or keep and maintain
public records required by the City to perform the service. If the Contractor
transfers all public records to the City upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the
City, upon request from the City's custodian of public records in a format
that is compatible with the information technology systems of the City.
B. Failure of the Contractor to provide the above described public
records to the City within a reasonable time may subject Contractor to penalties
under 119.10, Florida Statutes, as amended.
THOMAS SCHNEIDER, CMC - PUBLIC RECORDS
CUSTODIAN
IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
THOMAS SCHNEIDER, CMC, CITY CLERK
100 W. Dania Beach Blvd.
Dania Beach, Florida 33004
954-924-6800 ext. 3623
tschneider(l daniabeachfl.gov
GC 14 TAXES
14.1 Construction Manager shall pay all taxes, levies, duties and assessments of every
nature, which may be applicable to any Work under this Contract. The Contract Sum and any
agreed variations thereof shall include all taxes imposed by law. Construction Manager shall make
any and all payroll deductions required by law. Construction Manager herein indemnifies and
holds the Owner harmless from any liability on account of any and all such taxes, levies, duties,
assessments and deductions.
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ives written notice to Owner, if reasonably possible,prior to proceeding with the Work
and in any event within three (3) business days of commencement of Work. In no event shall
Owner be liable to the Construction Manager for delay damages, however, as provided for in the
Contract Documents.
GC 12 FORMS AND DOCUMENTS
12.1 The below listed documents are to be used by the Construction Manager and Owner
during the administration of this Contract. Additional administrative forms may supplement this
list upon written notice by the Owner(or Owner's Project representative).Owner reserves the right
to modify these forms as it deems necessary. Construction Manager shall maintain logs for Items
A-K and provide to Owner monthly.
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actions on the part of the Development Services
Department, including, but not limited to, the Development Services Department's refusal to
accept any portion of the Construction Manager's Work. If it is ultimately determined by the
Architect and Owner that such delay was not the result of Construction Manager's failure to comply
with the Contract Documents, the Construction Manager may be entitled to make a claim for
extension of Contract Time only as its exclusive remedy, in accordance with the terms of the
Contract.
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GC 15 FEES
15.1 Owner will be responsible for the following fees associated with this Project: utility
connection fees, utility installation fees (including FPL, FPU, AT&T, and Comcast), and water
meter charges except for fees/permits associated with Construction Manager mobilization which
have not been waived by Owner. Construction Manager shall advise Owner ten,(10) days in
advance of permit application with any fee amount required. Water and/or sanitary sewer service
capacity charges will also be paid directly by the Owner.
GC 16 UTILITIES
16.1 Construction Manager shall provide and maintain all utilities in work areas to meet
the requirements of the Contract. Such utilities shall be furnished by the Construction Manager
and shall include,but not be limited to,the following:
A. Public telephone service for the Construction Manager's use.
B. Construction power as required at each point of construction.
C. Water as required throughout the construction.
16.2 Prior to final acceptance of the Work, the Construction Manager shall, at its
expense, satisfactorily remove and dispose of all temporary utilities developed to meet the
requirements of the Contract. The Owner will assume the utility costs directly related to its usage
of areas in which the Work has been certified as Substantially Complete.
GC 17 SUCCESSORS,ASSIGNS AND ASSIGNMENT
17.1 The Owner and the Construction Manager each binds itself, its officers, directors,
qualifying agents, partners, successors, assigns and legal representatives to the other party hereto
and to the partners, successors, assigns and legal representatives of such other party in respect to
all covenants, agreements and obligations contained in the Contract. Construction Manager shall
not assign,transfer, convey or otherwise hypothecate the Contract or its right,title or interest in or
to the same or any part thereof, or allow legal action to be brought in its name for the benefit of
others, without previous written consent of the Owner, and concurred with by the Construction
Manager's Surety. Construction Manager acknowledges that the Owner has entered into this
Contract with Construction Manager after a comprehensive competitive award process, and
evaluation of Construction Manager's particular qualifications and skills to perform the Work.
Therefore, Construction Manager agrees that the Owner may withhold the consent to assignment
referred to herein for any reason the Owner deems appropriate, in its sole and exclusive discretion.
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Work. In no event shall
Owner be liable to the Construction Manager for delay damages, however, as provided for in the
Contract Documents.
GC 12 FORMS AND DOCUMENTS
12.1 The below listed documents are to be used by the Construction Manager and Owner
during the administration of this Contract. Additional administrative forms may supplement this
list upon written notice by the Owner(or Owner's Project representative).Owner reserves the right
to modify these forms as it deems necessary. Construction Manager shall maintain logs for Items
A-K and provide to Owner monthly.
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actions on the part of the Development Services
Department, including, but not limited to, the Development Services Department's refusal to
accept any portion of the Construction Manager's Work. If it is ultimately determined by the
Architect and Owner that such delay was not the result of Construction Manager's failure to comply
with the Contract Documents, the Construction Manager may be entitled to make a claim for
extension of Contract Time only as its exclusive remedy, in accordance with the terms of the
Contract.
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GC 18 EXAMINATION OF CONSTRUCTION MANAGER'S BOOKS AND RECORDS
18.1 The Owner, or the Owner's auditors, shall have access to, and the right to examine,
download and copy electronic media, photocopy, transcribe, and photograph, any and all of
Construction Manager's accounting records, supporting documentation, correspondence,
subcontracts,purchase orders,and other documentation 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 for the Work.
GC 19 COORDINATION AND CORRELATION OF DRAWINGS AND SPECIFICATIONS
19.1 The Construction Manager represents that the Construction Manager, its
Subcontractors,material and equipment suppliers have carefully and diligently compared Phasing,
Demolition, Landscaping, Architectural, Structural, Electrical, Underground, Civil and Site
Drawings and Specifications, and have compared and reviewed all general and specific details on
the Drawings. Based thereon, Construction Manager represents that all conflicts, discrepancies,
errors, omissions, and constructability issues that are within the commonly accepted knowledge
base of a licensed general contractor with expertise in streetscape and related infrastructure
improvements are included in the GMP. However, these obligations are for the purpose of
facilitating construction by the Construction Manager and are not for the purpose of discovering
errors, omissions, or inconsistencies in the Contract Documents that are the responsibility of the
Architect/Engineer or any other professional consultant of the Owner preparing such Drawings or
Specifications.Notwithstanding anything contained in this Contract to the contrary, Construction
Manager shall not be liable to the Owner for damages or costs resulting from errors, omissions, or
inconsistencies in the Contract Documents, or for differences between field conditions and the
Contract Documents, unless the Construction Manager recognized, or in the exercise of its due
diligence, should have recognized the issue and knowingly failed to report it to the Owner.
Construction Manager shall have the right to rely on the completeness and accuracy of information,
Drawings, Specifications, and other Contract Documents provided by the Owner or Design
Consultants.
19.2 Construction Manager represents that the GMP embodies the total cost for a
complete and functioning Project. The Construction Manager's review and comparison of all
documents and things set forth in GC 19.1 above has taken into consideration the total and
complete functioning of all systems as provided, and as are reasonably inferable therefrom.
GC 20 PERMIT DRAWINGS AND SPECIFICATIONS
20.1 The Construction Manager shall provide the Owner with two (2) complete sets of
the permitted drawings within five (5) days of issuance. If the permitted set of Drawings change
the scope of the Work to be performed, the Construction Manager shall notify the Owner and
Architect, in writing, within ten (10) days after Construction Manager's receipt of the permitted
Drawings, and such notification shall contain a written description of the change(s), and the
estimated cost and time associated therewith, if any.
20.2 The Construction Manager shall perform work only in accordance with the
permitted drawings, and any subsequent revisions thereto.
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the result of Construction Manager's failure to comply
with the Contract Documents, the Construction Manager may be entitled to make a claim for
extension of Contract Time only as its exclusive remedy, in accordance with the terms of the
Contract.
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GC 21 CONTRACT INTERPRETATION
21.1 All claims of Construction Manager, and all questions the Construction Manager
may have concerning interpretation or clarification of this Contract or its acceptable fulfillment
shall be submitted immediately, in writing,to Owner for resolution. Owner,or its representatives,
will render its determination concerning such resolution within an appropriate period, not to
exceed five(5)calendar days,unless additional time is needed due to the novelty or complexity of
the interpretation or clarification requested, which determination shall be considered final and
conclusive unless Construction Manager files a timely written protest pursuant to GC 22
"Disputes." The Construction Manager's written protest shall state clearly and in detail the basis
thereof, and the relief it seeks, if any. Owner will consider Construction Manager's protest, and
render its decision thereon within five (5) calendar days If Construction Manager does not agree
with the Owner's decision, the Construction Manager shall immediately deliver written notice to
that effect to the Owner. If questions of interpretation are not responded to by the Architect or
Owner within the time frame above, and in a manner so as not to impede the natural progress of
the Work as scheduled,and such delay impacts the critical path of the Work,Construction Manager
shall be entitled to adjustment in the performance time as its exclusive remedy.
21.2 Construction Manager is solely responsible for requesting instructions or
interpretations and is solely liable for any cost and/or expenses arising from its failure to do so.
Construction Manager's failure to protest Owner's determinations, instructions, clarifications or
decisions within five (5) calendar days after receipt thereof shall constitute a waiver by
Construction Manager of all its rights to further protest,judicially or otherwise.
GC 22 DISPUTES-WAIVER OF JURY TRIAL
22.1 Any and all disputes arising out of or in connection with this Contract shall be
resolved through good faith efforts upon the part of Construction Manager and Owner, or its
representatives. At all times, Construction Manager shall carry on the Work and maintain its
progress schedule in accordance with the requirements of the Contract and the determination of
the Owner or its representatives,pending resolution of any dispute.Any dispute that is not disposed
of by mutual agreement shall be decided by the Owner or its representatives, who shall reduce
such decision to writing. The decision of the Owner or its representatives shall be final and
conclusive. Construction Manager's failure to protest Owner's determinations, instructions,
clarifications or decisions within thirty (30) calendar days after receipt thereof shall constitute a
waiver by Construction Manager of all its rights to further protest,judicially or otherwise.
22.2 The Owner and Construction Manager hereby expressly, knowingly and
intentionally waive any right they may have to a jury trial in connection with, or in respect to, any
litigation or claim based on or related to this Contract, or with regard to performance of the Work,
including, but without limitation, any to which the Architect may also be a party.
GC 23 SUSPENSION
23.1 Owner may, at its sole option, suspend, at any time, the performance of all or any
portion of Work to be performed under the Contract. Owner will notify Construction Manager of
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Manager's failure to comply
with the Contract Documents, the Construction Manager may be entitled to make a claim for
extension of Contract Time only as its exclusive remedy, in accordance with the terms of the
Contract.
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such decision, in writing. Such notice of suspension of work may designate the amount and type
of plant, labor and equipment to be committed to the Work site. During the period of suspension,
Construction Manager shall use its best efforts to utilize its plant, labor and equipment in such a
manner as to minimize costs associated with suspension.
23.1.1 Upon receipt of any such written notice, Construction Manager shall, unless
the notice requires otherwise:
1. immediately discontinue work on the date and to the extent specified
in the notice;
2. place no further orders or subcontracts for material, services, or
facilities with respect to suspended work other than to the extent required in the notice;
3. promptly make every reasonable effort to obtain suspension, upon
terms satisfactory to Owner, of all orders, subcontracts and rental agreements to the extent they
relate to performance of work suspended;
4. continue to protect and maintain the Work including those portions
on which work has been suspended, and
5. take any other reasonable steps to minimize costs associated with
such suspension.
23.1.2 In addition to all amounts that would otherwise be due for Work performed
prior to the suspension, as compensation for such suspension, Construction Manager will be
reimbursed for the following verifiable costs (without profit)and without duplication of any item,
to the extent that such costs directly result from such suspension of work:
1. A standby charge to be paid to Construction Manager during the
period of suspension of work which standby charge shall be sufficient to compensate Construction
Manager for keeping, to the extent required in the notice, its organization and equipment
committed to the Work in a standby status;
2. All reasonable costs associated with mobilization and
demobilization of Construction Manager's plant, forces and equipment;
3. An equitable amount to reimburse Construction Manager for the
cost of maintaining and protecting that portion of the Work upon which work has been suspended;
and
4. If as a result of any such suspension of Work the cost to Construction
Manager of subsequently performing Work is increased or decreased, an equitable adjustment will
be made in the GMP.
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of by mutual agreement shall be decided by the Owner or its representatives, who shall reduce
such decision to writing. The decision of the Owner or its representatives shall be final and
conclusive. Construction Manager's failure to protest Owner's determinations, instructions,
clarifications or decisions within thirty (30) calendar days after receipt thereof shall constitute a
waiver by Construction Manager of all its rights to further protest,judicially or otherwise.
22.2 The Owner and Construction Manager hereby expressly, knowingly and
intentionally waive any right they may have to a jury trial in connection with, or in respect to, any
litigation or claim based on or related to this Contract, or with regard to performance of the Work,
including, but without limitation, any to which the Architect may also be a party.
GC 23 SUSPENSION
23.1 Owner may, at its sole option, suspend, at any time, the performance of all or any
portion of Work to be performed under the Contract. Owner will notify Construction Manager of
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Manager's failure to comply
with the Contract Documents, the Construction Manager may be entitled to make a claim for
extension of Contract Time only as its exclusive remedy, in accordance with the terms of the
Contract.
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GC 24 DECLARATION OF DEFAULT
24.1 The failure of the Construction Manager a)to supply enough properly skilled workers
or materials,or b)its failure to make prompt payments to subcontractors,or for materials or labor,
or c)to obey laws, ordinances, rules, regulations or orders of public agencies having jurisdiction,
or d)to comply in any way with the Contract Documents,shall be sufficient grounds for the Owner
to find the Construction Manager in material default, and that sufficient cause exists to terminate
the Contract for cause,and to withhold payment or any part thereof until the cause or causes giving
rise to the default has/have been eliminated by the Construction Manager and approved by the
Owner. If a finding of default is made by the Owner, the Construction Manager and its Surety
shall remain responsible for performance of the requirements of the Contract Documents unless
and until the Owner terminates the Contract. Upon a finding of default, the Owner shall set a
reasonable time,but in no event in excess of seven(7)calendar days after written notice from Owner
detailing the default, within which the Construction Manager and its Surety shall eliminate the
cause or causes of default. When the basis for finding of default no longer exists,the Owner shall
notify the Construction Manager and its Surety, in writing,that the default has been corrected, and
that the Construction Manager is no longer in default. If the Construction Manager fails to correct
the default within the time allowed,the Owner,without further notice to Construction Manager or
its Surety, may immediately terminate the Contract and the employment of the Construction
Manager,without otherwise waiving its rights against the Construction Manager or its Surety. To
the extent that the time limits herein and in GC 25 conflict with those set forth in the Performance
Bond,the time limits in GC 24 and GC 25 shall take precedence.
GC 25 TERMINATION FOR DEFAULT
25.1 Notwithstanding any other provisions of this Contract, Construction Manager shall
be considered in default of its contractual obligation under this Contract if the:
A. Construction Manager fails or refuses to prosecute the Work or any
severable part, with the diligence that will insure its completion within the time specified in this
Contract;
B. Construction Manager fails or refuses to prosecute the Work on any
severable part, with the diligence that will insure its completion within the time specified in
construction schedules and related milestones issued in conjunction with this Contract;
C. Construction Manager fails to complete the Work within the time specified
in this Contract;
D. Abandons or refuses to proceed with any or all Work, including
modifications directed by Owner pursuant to change directives issued under the Contract;
E. Construction Manager fails to provide the materials or perform the services
required of the Construction Manager under this Contract within the time specified in this
Contract;
F. Construction Manager fails or refuses to provide sufficient,properly skilled,
workmen or tradesmen;
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g, but without limitation, any to which the Architect may also be a party.
GC 23 SUSPENSION
23.1 Owner may, at its sole option, suspend, at any time, the performance of all or any
portion of Work to be performed under the Contract. Owner will notify Construction Manager of
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Manager's failure to comply
with the Contract Documents, the Construction Manager may be entitled to make a claim for
extension of Contract Time only as its exclusive remedy, in accordance with the terms of the
Contract.
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G. Construction Manager refuses or fails to supply materials, equipment or
services meeting the requirements of this Contract;
H. Construction Manager fails to make payments for materials, labor or
services to subcontractors, sub-subcontractors, suppliers or materialmen of any tier in accordance
with such agreements that may exist among them;
I. Construction Manager violates laws, ordinances, rules, regulations of any
governmental authority having jurisdiction;
J. Construction Manager materially breaches any of the provisions of this
Contract.
25.2 If Construction Manager or its Surety(ies)do(es)not cure such failure within seven
(7) calendar days from receipt of notification, or sooner if consideration of safety to persons is
involved, or if Construction Manager or its Surety(ies) fails to provide satisfactory evidence that
such default will be corrected, Owner may, without further notice to Construction Manager,
terminate in whole or in part Construction Manager's right to proceed with work by written notice
and prosecute the Work to completion by contract or by any other method deemed expedient.
Owner may take possession of and utilize any materials, plant, tools, equipment, and property of
any kind furnished by Construction Manager and necessary to complete the Work.
25.3 Construction Manager, and its sureties, shall be liable, jointly and severally, to
Owner for all costs in excess of the Contract price for such terminated work reasonably and
necessarily incurred in the completion of the Work, as adjusted by Change Orders, if any,
including cost of administration of any contract awarded to others for completion,plus Liquidated
Damages.
25.4 Upon termination for default, Construction Manager shall:
A. immediately discontinue work on the date and to the extent specified in the
notice and place no further purchase orders or subcontracts to the extent that they relate to the
performance of work terminated;
B. inventory, maintain and turn over to Owner all materials, plant, tools,
equipment, and property furnished by Construction Manager or provided by Owner for
performance of work;
C. promptly obtain cancellation upon terms satisfactory to Owner of all
purchase orders, subcontracts, rentals, or any other agreements existing for performance of the
terminated work or assign those agreements to Owner as directed;
D. cooperate with Owner in the transfer of information and disposition of work
in progress so as to mitigate damages;
E. comply with other reasonable requests from Owner regarding the
terminated work;and
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in this Contract;
D. Abandons or refuses to proceed with any or all Work, including
modifications directed by Owner pursuant to change directives issued under the Contract;
E. Construction Manager fails to provide the materials or perform the services
required of the Construction Manager under this Contract within the time specified in this
Contract;
F. Construction Manager fails or refuses to provide sufficient,properly skilled,
workmen or tradesmen;
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g, but without limitation, any to which the Architect may also be a party.
GC 23 SUSPENSION
23.1 Owner may, at its sole option, suspend, at any time, the performance of all or any
portion of Work to be performed under the Contract. Owner will notify Construction Manager of
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Manager's failure to comply
with the Contract Documents, the Construction Manager may be entitled to make a claim for
extension of Contract Time only as its exclusive remedy, in accordance with the terms of the
Contract.
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F. continue to perform in accordance with all of the terms and conditions of
the Contract such portion of work that is not terminated.
25.6 If, upon termination pursuant to this GC 25, it is determined for any reason that
Construction Manager was not in default,the rights and obligations of the parties shall be the same
as if the default termination had been made pursuant to GC 26, "TERMINATION FOR
CONVENIENCE."
GC 26 TERMINATION FOR CONVENIENCE
26.1 Owner may, at its option and convenience, terminate the Contract, in whole or in
part, at any time by written notice thereof to Construction Manager, whether or not Construction
Manager is in default. Upon any such termination, Construction Manager hereby waives any
claims for damages from the termination, including, without limiting the generality thereof, loss
of anticipated profits on Work not performed on account thereof, home office overhead, lost
bonding capacity, and consequential damages. As the sole right and remedy of Construction
Manager, Owner shall pay Construction Manager in accordance with Subparagraphs below;
provided, however,that those provisions of the Contract, which by their very nature survive final
acceptance under the Contract, shall remain in full force and effect after such termination
A. Upon receipt of any such notice,Construction Manager and its Surety shall,
unless the notice requires otherwise:
1. Immediately discontinue work on the date and to the extent specified
in the notice;
2. Place no further orders or subcontracts for materials, services, or
facilities,other than as may be necessary or required for completion of such portion of work under
the Contract that is not terminated;
3. Promptly make every reasonable effort to obtain cancellation upon
terms satisfactory to Owner of all orders and subcontracts to the extent they relate to the
performance of work terminated;
4. If requested by the Owner in writing, assign to the Owner, all right,
title and interest of the Construction Manager under the subcontracts terminated. Such Assignment
shall not include assumption of Construction Manager's obligations or liabilities under any
subcontract. The Owner shall have the right (but not the obligation) to assume the Construction
Manager's obligations under any subcontracts assigned.Neither this paragraph or any assignment
of subcontracts, shall constitute the Owner's assumption of Construction Manager's or other
obligations under any such subcontract absent a written document executed by the Owner and the
subcontractor in which the Owner expressly acknowledges an assumption of Construction
Manager's obligations, and then only to the extent specified. In no event will the Owner assume
any obligation of the Construction Manager under the subcontracts that arise out of or relate to
Construction Manager's default prior to such assignment;
5. The Construction Manager shall include in all subcontracts,
equipment leases and purchase orders, a provision requiring the subcontractor, equipment lessor,
or supplier,to consent to the assignment of their subcontract or purchase order to the Owner;
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ich the Architect may also be a party.
GC 23 SUSPENSION
23.1 Owner may, at its sole option, suspend, at any time, the performance of all or any
portion of Work to be performed under the Contract. Owner will notify Construction Manager of
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Manager's failure to comply
with the Contract Documents, the Construction Manager may be entitled to make a claim for
extension of Contract Time only as its exclusive remedy, in accordance with the terms of the
Contract.
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.
6
6. Assist Owner, as specifically requested in writing, in the
maintenance,protection and disposition of property acquired by Owner under the Contract;and,
7. Complete performance of any work that is not terminated.
B. Upon any such termination, Owner will pay to Construction Manager an
amount determined in accordance with the following(without duplication of any item):
1. All amounts due and not previously paid to Construction Manager
for work completed in accordance with the Contract prior to such notice, and for work thereafter
completed as specified in such notice.
2. The reasonable cost of settling and paying claims arising out of the
termination of work under subcontracts or orders as provided in Subparagraph A.3.above.
3. The verifiable costs incurred pursuant to Subparagraph A.4 above.
4. Any other reasonable costs which can be verified to be incidental to
such termination of Work, including demobilization costs.
26.2 In the case of such termination for Owner's convenience, Construction Manager
shall be entitled to receive payment for Work actually executed in accordance with GC 25.B.1
above, and verifiable costs incurred by reason of such termination, along with an amount not to
exceed ten(10)percent for profit and overhead on such verifiable costs incurred.
26.3 The Owner's Termination for Convenience shall be without waiver or prejudice to,
all of the Owner's claims, rights and remedies arising out of or related to any default, breach of
contract, damages or other claims the Owner may have against Construction Manager, or
Construction Manager's subcontractors,material suppliers of any tier,or any other person or entity
at the time of termination or arising thereafter.
26.3.1 Construction Manager hereby acknowledges acceptance of the risk and cost
of the foregoing and acknowledges and agrees to the foregoing limitation on Construction
Manager's claims or damages arising out of, or relating to, a termination for convenience by the
Owner.
26.4 Construction Manager shall submit within 30 calendar days after receipt of notice
of Termination, for Convenience, a written proposal for payment, including all incurred costs and
other entitlements described herein. Owner shall review, analyze, and verify such proposal, and
negotiate an equitable adjustment, and the Contract shall be amended in writing accordingly.
GC 27 EXTENSION OF TIME
27.1 If the Construction Manager is delayed at any time in the progress of the Work by
a written directive issued by the Owner or Architect, or any act, omission or neglect of the Owner
or the Architect,or by a separate contractor employed by the Owner,or by any changes ordered in
the Work,or by an act of God,severe though not unusual weather conditions(other than hurricanes
and tornadoes), labor disputes, unusual delay in deliveries, or other causes beyond Construction
Manager's control, including discovery of unforeseen site conditions, and such delay extends the
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e subcontractor, equipment lessor,
or supplier,to consent to the assignment of their subcontract or purchase order to the Owner;
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ich the Architect may also be a party.
GC 23 SUSPENSION
23.1 Owner may, at its sole option, suspend, at any time, the performance of all or any
portion of Work to be performed under the Contract. Owner will notify Construction Manager of
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Manager's failure to comply
with the Contract Documents, the Construction Manager may be entitled to make a claim for
extension of Contract Time only as its exclusive remedy, in accordance with the terms of the
Contract.
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6
completion date, the date of Substantial Completion shall be extended by Change Order for such
reasonable time as the Owner may determine.
27.2 The Construction Manager must request the extension of time,in writing,and must
provide the following information within the time periods stated hereafter. Failure to submit such
information and in compliance with the time requirements hereinafter stated, shall constitute a
waiver by the Construction Manager and a denial of the claim for extension of time:
A. Nature of the delay or change in the Work;
B. Dates of commencement/cessation of the delay or change in the Work;
C. Activities on the progress schedule current as of the time of the delay or
change in the work affected by the delay or change in the Work;
D. Identification and demonstration that the delay or change in work impacts
on the BAR CHART(submittal of an updated BAR CHART schedule);
E. Identification of the source of delay or change in the Work;
F. Anticipated impact extent of the delay or change in the Work;and
G. Recommended action to minimize the delay.
27.2.1 The Construction Manager acknowledges and agrees that the evaluation of
time extensions will be based upon the following criteria:
1. All schedule updates, submittals and other requirements of this
General Condition have been met;
2. The delay must be due to the Owners or Architect's change in the
Work„ an Act of God, or for other causes set forth in GC 27.1;
3. The delay which is the subject of the time extension must result in a
demonstrable impact to the Critical Path;
4. If adverse weather conditions are the basis for a Claim for additional
time, such Claim shall be submitted within fifteen (15) calendar days of occurrence and shall be
documented by data substantiating that weather conditions were abnormal for the period of time
required for completion of the Work,could not have been reasonably anticipated,and that weather
conditions had an adverse effect on the scheduled construction.
27.3 The Owner's determination as to the total number of days of Contract extension
will be based upon the computer generated BAR CHART construction schedule current at the time
of the delay event, as revised in connection with the foregoing criteria.
27.4 The Construction Manager shall not be entitled to any extension of time for delays
resulting from any cause unless it shall have notified the Owner in writing within twenty-four(24)
hours after the commencement of such delay,or ninety-six(96)hours of knowledge of a potential
delay,whichever is earlier. In any event, within seven (7) calendar days of commencement of the
delay,the Construction Manager shall provide in writing the information stated above.
27.5 The term"Force Majeure Event"means any action or event which occurs(i)outside Owner's
and Construction Manager's reasonable control; and (ii) without the fault or negligence of either party,
specifically, Acts of God, terrorism, war, riots, hurricanes, unusually severe weather (as substantiated by
Page 15 of 57
signment of their subcontract or purchase order to the Owner;
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ich the Architect may also be a party.
GC 23 SUSPENSION
23.1 Owner may, at its sole option, suspend, at any time, the performance of all or any
portion of Work to be performed under the Contract. Owner will notify Construction Manager of
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Manager's failure to comply
with the Contract Documents, the Construction Manager may be entitled to make a claim for
extension of Contract Time only as its exclusive remedy, in accordance with the terms of the
Contract.
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6
NOAA reports nearest to the jobsite location), floods, fires, civil disturbances, governmental restrictions,
epidemics,explosions,acts of the public enemy,the enactment,imposition or modification of any applicable
law which occurs after the date of this Agreement and which prohibits or materially interferes with the
development or construction of the Project Improvements. Notwithstanding anything to the contrary,a"Force
Majeure Event"shall not include acts, events,or other matters arising out of violations of any environmental
laws with respect to or the presence or discharge of any hazardous substances on the lands comprising the
Project. In the event of a Force Majeure Event which impacts the critical path,Construction Manager shall
only be entitled to an extension of time and shall not be entitled to any compensation or any increase in the
GMP,except to the extent that a Force Majeure Event causes damage to Work in place or causes the Work to
be shut down for more than ten (10) days. Such costs for damage to Work in place may be recoverable by
insurance that is applicable to the Project. Notwithstanding, however, if such costs to correct the Work
damaged by a Force Majeure Event or for shut down for more than thirty (30) days are not covered by
insurance,then Construction Manager shall be entitled to recover only its actual direct plus reasonable General
Conditions costs associated to correct the Work or to its unavoidable costs for shut down for more than ten
(10) days but no other compensation, and without fee markup. No recovery on any basis shall take place
unless the Construction Manager has satisfied all of the following conditions:
(i) Construction Manager has properly documented all such direct costs for the Owner and any
insurance carrier; and
(ii) Construction Manager shall have used reasonable and diligent efforts to avoid and minimize
delays,regardless of cause;and
Construction Manager shall cooperate with Owner to mitigate the impact of any delays encountered
by Construction Manager that would entitle it to such extension of time, even if its performance is
unreasonably delayed by the Owner.
For all Changes in the Work in which the Construction Manager claims entitlement to a time extension,the
Construction Manager shall provide to the Owner the same information as required above within seven (7)
calendar days of the issuance of the request for Change Order or direction to change the scope of the Work.
Construction Manager's failure to provide such information shall constitute a waiver by the Construction
Manager,and a denial of any time extension for that change in the Work.Further,upon execution by the Owner
and Construction Manager of any Change Order where no time extension has been requested or granted,that
Change Order shall constitute a complete waiver of all claims for damages or for any extension of time related
to that work, or any work impacted by the change.
GC 28 WARRANTY
28.1 Unless otherwise provided elsewhere in the Contract, all materials and equipment
incorporated into any Work covered by the Contract shall be new and,where not specified, of the
highest grade and quality for their intended use, and all workmanship shall be in accordance with
construction practices acceptable to Owner. Unless otherwise provided in the Contract,
Construction Manager warrants all equipment, materials, and labor furnished or performed under
this Contract, against defects in design, materials and workmanship, for a period of twelve (12)
months(unless longer guarantees or warranties are provided for elsewhere in the Contract in which
case the longer periods of time shall prevail) from and after Substantial Completion of the Work
under the Contract, regardless of whether the same were furnished or performed by Construction
Manager or by any of its subcontractors of any tier. Even in the event that the Owner assumes
partial utilization of portions of the Work prior to completion of all Work,the Warranties for that
portion shall also extend for twelve (12) months from Substantial Completion of the entire Work,
so that all warranties are running concurrently upon Substantial Completion of the total Project.
Page 16 of 57
28.2 Upon receipt of written notice from Owner of any defect in any such equipment,
materials, or labor during the applicable warranty period due to defective design, materials or
workmanship, the affected item or parts thereof shall be redesigned, repaired or replaced by
Construction Manager at a time and in a manner acceptable to Owner in compliance with the
Contract Documents, at its expense.
283 Construction Manager warrants such redesigned,repaired or replaced Work against
defective design, materials and workmanship for a period of twelve (12) months from and after
the date of acceptance thereof. Should Construction Manager fail to promptly make the necessary
redesign, repair, replacement and tests, after written notice from Owner specifying the defects,
Owner may perform or cause to be performed the same, at Construction Manager's sole cost and
expense.
28.4 Construction Manager shall perform such tests as Owner may require to verify that
such redesign, repairs and replacements comply with the requirements of this Contract. All costs
incidental to such redesign, repair, replacement, and testing, including the removal, replacement,
and reinstallation of equipment and materials necessary to gain access, shall be borne exclusively
by Construction Manager.However,if such testing determines that the Work is not defective,than Owner
shall compensate Construction Manager for such costs of testing and any effects on previously completed
work.
28.5 Construction Manager and its Surety shall be liable for the satisfaction and full
performance of the warranties as set forth herein,and any damage to other parts of the Work caused
by the Construction Manager's failure to perform pursuant to this GC 28.
28.6 The Construction Manager shall commence Work to remedy or replace the
defective, deficient Work within five (5) calendar days after receiving written (including
transmittals by email) notice from the Owner, subject to allowance for long-lead items. If the
Construction Manager fails to remedy or remove or replace that Work or material which has been
found to be defective, or reasonably commence corrective action,then the Owner may remedy or
replace the defective or deficient Work at the Construction Manager's expense;provided,however,
all repairs to natural gas, telephone, radio, computer security, water, electric, air conditioning
services and all emergency services shall be commenced within twelve (12)hours of notification,
or by 7:00 a.m. whichever is earlier, and Construction Manager shall complete the repairs in an
expeditious manner befitting the nature of the deficiency. The Construction Manager shall
immediately pay the expenses incurred by the Owner for remedying the defects. If the Owner is
not paid within ten (10) calendar days, the Owner may pursue any and all legal remedies it may
have against the Construction Manager and its Surety.
28.7 The Construction Manager is required to provide a designated telephone number
for warranty related emergencies which occur outside the normal workday. The Construction
Manager is solely responsible for ensuring that all warranty Work is completed in the manner
described above. If the Owner agrees, in writing, a subcontractor may be the point of contact for
notices regarding warranty items,but such agreement shall not absolve the Construction Manager
of its responsibility.
Page 17 of 57
Contract, against defects in design, materials and workmanship, for a period of twelve (12)
months(unless longer guarantees or warranties are provided for elsewhere in the Contract in which
case the longer periods of time shall prevail) from and after Substantial Completion of the Work
under the Contract, regardless of whether the same were furnished or performed by Construction
Manager or by any of its subcontractors of any tier. Even in the event that the Owner assumes
partial utilization of portions of the Work prior to completion of all Work,the Warranties for that
portion shall also extend for twelve (12) months from Substantial Completion of the entire Work,
so that all warranties are running concurrently upon Substantial Completion of the total Project.
Page 16 of 57
GC 29 PA PENT INDEMNITY
29.1 Construction Manager hereby indemnifies and shall defend and hold Owner,
Architect,and its representatives harmless from and against all claims, losses,costs, damages,and
expenses, including reasonable attorneys' fees, incurred by Owner, Architect and its
representatives,respectively, as a result of or in connection with any claims or actions based upon
infringement or alleged infringement of any patent and arising out of the use of the equipment or
materials furnished under the Contract by Construction Manager,or out of the processes or actions
employed by, or on behalf of Construction Manager in connection with the performance of the
Contract,but shall not be responsible for such defense or loss when a particular design,process or
product of a particular manufacturer or manufacturers is required by the Contract Documents or
where the copyright violations are contained in Drawings, Specifications or other documents
prepared by the Owner or Architect. However, if the Construction Manager has reason to believe
that the required design, process or product is an infringement of a copyright or a patent, the
Construction Manager shall be responsible for such loss unless such information is promptly
furnished to the Architect.
29.2 Construction Manager shall, at its sole expense,promptly defend against any such
claim or action for which it is responsible under the prior paragraph unless directed otherwise by
Owner or its representatives; provided that Owner or its representatives shall have notified
Construction Manager upon becoming aware of such claims or actions, and provided further that
Construction Manager's aforementioned obligations shall not apply to equipment, materials, or
processes furnished or specified by Owner or representatives. Construction Manager shall have
the right, in order to avoid such claims or actions, to substitute at its expense non-infringing
equipment, materials, or processes, or to modify such infringing equipment, materials and
processes so they become non-infringing, or obtain the necessary licenses to use the infringing
equipment, material or processes, provided that such substituted and modified equipment,
materials and processes shall meet all the requirements and be subject to all the provisions of this
Contract.
GC 30 INDEMNITY
30.1 To the fullest extent provided for by law, Construction Manager agrees to protect,
defend, reimburse, indemnify and hold the Owner, its agents, employees, officers and
representatives and each of them, (hereinafter collectively and for the purposes of this paragraph,
referred to as"Owner"),free and harmless at all times from and against any and all claims,liability,
expenses, losses, costs, fines and damages, including reasonable attorneys' fees, and causes of
action of every kind and character against Owner by reason of any damage to property or the
environment, economic losses, or bodily injury (including death) incurred or sustained by any
party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party
hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever,
or any governmental agency, arising out of or in incident to or in connection with Construction
Manager's performance under this Contract,the condition of the premises,Construction Manager's
acts, or omissions or operations hereunder, or the performance, non-performance or purported
performance of the Construction Manager of any breach of the terms of this Contract; provided
however, and without waiving the provisions of§768.28, F.S., that Construction Manager shall
not be responsible to Owner for damages resulting out of bodily injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
Page 18 of 57
ge 16 of 57
of Owner or its respective officers, directors, agents, or employees, or for statutory violation or
punitive damages, except and to the extent the statutory violation or punitive damages are caused
by or result from the acts or omissions of the Construction Manager, its agents, employees, or any
of the Subcontractors, their agents, or of any tier or their respective employees. The parties
acknowledge the requirements of Florida Statute § 725.06 have been fulfilled and apply to this GC
30.1.
30.2 Construction Manager further agrees to hold harmless and indemnify Owner for
any fines, citations,court judgments, insurance claims,restoration costs or other liability resulting
from Construction Manager's acts or omissions on the Project, whether or not Construction
Manager was negligent or even knowledgeable of any events precipitating a claim or arising as a
result of any situation involving Construction Manager's acts or omissions.
30.3 Said indemnification by Construction Manager shall be extended to include all
deliverers, suppliers, furnishers of material or anyone acting for, on behalf of, or at the request of
Construction Manager. Construction Manager recognizes the broad nature of this indemnification
and hold harmless clause and voluntarily makes this covenant and expressly acknowledges
consideration of one-hundred dollars ($100.00)therefore, which amount is incorporated into the
GMP,as well as such other good and valuable consideration provided by Owner in support of this
indemnification in accordance with the laws of the State of Florida. This clause shall survive
termination of this Contract.
GC 31 INSURANCE(Contained in the GMP Agreement)Below is additional insurance information.
31.1 Should any of the Work hereunder involve watercraft owned or operated by
Construction Manager or any subcontractor, such shall be insured under the Comprehensive or
Commercial General Liability policy, or by other such liability insurance such as Protection and
Indemnity.
31.2 Should any of the Work hereunder involve the hauling and/or rigging of property
in excess of $500,000.00 or $250,000.00 in transit, Construction Manager shall procure and
maintain "all risk" Transit or Motor Truck Cargo insurance, or similar form of coverage, insuring
against physical damage or loss to the property being transported, stored, moved or handled by
Construction Manager or any subcontractor pursuant to the terms of this Contract.
31.3 The requirements contained herein as to types and limits, as well as Owner's
approval of insurance coverage to be maintained by Construction Manager are not intended to and
shall not in any manner limit or qualify the liabilities and obligations assumed by Construction
Manager under the Contract.
GC 32 SITE CONDITIONS
32.1 Construction Manager has the sole responsibility of satisfying itself concerning the
nature and location of the Work and the general and local conditions, and particularly,but without
limitation, with respect to the following: those affecting transportation, access, staging, parking,
disposal, handling and storage of materials; availability, quantity and quality of labor, water and
electric power; availability and condition of roads; climatic conditions, location of underground
utilities as depicted on Contract documents, and through verification with local utility companies
and the Owner, physical conditions of existing construction, topography and ground surface
Page 19 of 57
-performance or purported
performance of the Construction Manager of any breach of the terms of this Contract; provided
however, and without waiving the provisions of§768.28, F.S., that Construction Manager shall
not be responsible to Owner for damages resulting out of bodily injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
Page 18 of 57
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conditions; subsurface geology, and nature and quantity of surface and subsurface materials to be
encountered; the nature of the ground water conditions; equipment and facilities needed
preliminary to and during performance of the Contract; and all other matters which would be
reasonably known to a licensed general contractor with expertise in streetscape and related
infrastructure construction as in any way affecting performance of the Contract, or the cost
associated with such performance. The failure of Construction Manager to acquaint itself with any
applicable condition will not relieve it from the responsibility for properly estimating either the
difficulties or the costs of successfully and timely performing the Contract.
32.2 The Owner shall not be responsible for any conclusions or interpretations made by
the Construction Manager based on the information made available by the Owner. The Owner
shall not be responsible for any understanding reached or representation made concerning
conditions which can affect the Work by any of Construction Manager's officers, employees,
agents, subcontractors, material men, or suppliers before execution of this Contract, unless that
understanding or representation is expressly stated in this Contract.
32.3 The provisions of GC 32.1 shall be deemed a complete waiver by the Construction
Manager of claims for equitable adjustment in Contract Time or Price, or both, unless due to (1)
subsurface or concealed conditions which differ materially from those indicated on the Contract
Documents,or(2)unknown physical conditions of an unusual nature which differ materially from
those ordinarily found to exist and generally recognized as inherent in construction of the character
provided in the Contract Documents; provided however, that claims under this GC 32.3 shall be
denied in the event that the conditions were reasonably inferable from activities, testing and
investigations performed in connection with the Pre-Con Agreement, and which would otherwise
provide to Construction Manager an expectation that the conditions could be similar elsewhere in
the Project.
GC 33 NOT USED
GC 34 ACCESS TO WORK AREAS
34.1 Owner,Architect, and their duly authorized representatives and employees, and all
duly authorized representatives of governmental agencies having jurisdiction over Work areas or
any part thereof shall, at all reasonable times, for the purpose of determining compliance with
Contract requirements and permits, have access to such areas and the premises used by
Construction Manager. Construction Manager shall also arrange for Owner, Architect, and their
said representatives and employees, to have access at all reasonable times to all places where
equipment or materials are being manufactured,produced,or fabricated for use under the Contract.
34.2 Construction Manager's access to the site and storage areas shall be as shown on
the plans and as designated by the Owner.Access routes may also be used by Owner's employees,
the public, and other separate Owner contractors. No other access points shall be allowed unless
approved by the Owner, in writing. All Construction Manager traffic authorized to enter the site
shall be experienced with the route or guided by Construction Manager personnel. The
Construction Manager is responsible for immediate cleanup of any debris deposited along the
access route as a result of its construction traffic.
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ported
performance of the Construction Manager of any breach of the terms of this Contract; provided
however, and without waiving the provisions of§768.28, F.S., that Construction Manager shall
not be responsible to Owner for damages resulting out of bodily injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
Page 18 of 57
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GC 35 INGRESS AND EGRESS
35.1 Construction Manager's access to the Work area will be permitted only through
approaches that will be designated by Owner, and then only in such manner that Construction
Manager's traffic will not interfere with Owner's operations and Merchants/Tenants adjacent to the
activity area(s). Construction Manager shall, at all times, maintain reasonably free unimpeded
ingress and egress at the site. Construction Manager personnel are not to enter into any areas of
the jobsite other than Work areas and areas of designated access. Construction Manager shall
safely maintain, at all times during the performance of the Work, both vehicular and pedestrian
traffic in, around, and adjacent to the Project.
GC 36 PRECONSTRUCTION CONFERENCE
36.1 As soon as practicable after execution of this Contract,and prior to commencing any
Work, a pre-construction conference will be coordinated by the Construction Manager and the
Owner. In attendance at said conference will be Owner,Architect, and any of their representatives
as may be deemed advisable. The purpose of said conference is to determine procedures related to
the smooth progress of the Project, review of any items requiring clarification, maintenance of
traffic, merchant and pedestrian accessibility, related safety issues, and procedures for the
processing and distribution of all documents and correspondence related to the Contract, among
other things.
GC 37 MEETINGS
37.1 The Construction Manager shall, at its expense, as requested by Owner, attend any
and all meetings called by Owner to discuss the Work under the Contract. Such meetings shall be
conducted and recorded by the Owner with typed minutes of each meeting distributed to all
attendees.
GC 38 NOT USED
GC 39 DELIVERY, UNLOADING AND STORAGE
39.1 Construction Manager shall, at its expense, receive, unload, store in a secure place,
and deliver from storage to the construction site all materials,plant and equipment required for the
performance of the Contract. The storage facilities, methods of storing and security provisions
shall meet Owner's approval and manufacturer's recommendations. Materials and equipment
subject to degradation by outside exposure shall be stored in a weather tight enclosure.
GC 40 WORK AREA
40.1 All Construction Manager's Work areas on the jobsite will be assigned by Owner.
Construction Manager shall confine its office,shops,storage,assembly and equipment and vehicle
parking to the areas so assigned. Before commencing Work, the Construction Manager shall
provide a temporary office on the site of the Work, which shall have a telephone where a
representative of the Construction Manager may be reached at all times during normal working
hours. Should Construction Manager find it necessary or advantageous to use any additional land
outside the Project site for any purpose whatever, Construction Manager shall,provide and make
its own arrangements for the use of such additional land.
Page 21 of 57
ner's employees,
the public, and other separate Owner contractors. No other access points shall be allowed unless
approved by the Owner, in writing. All Construction Manager traffic authorized to enter the site
shall be experienced with the route or guided by Construction Manager personnel. The
Construction Manager is responsible for immediate cleanup of any debris deposited along the
access route as a result of its construction traffic.
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ported
performance of the Construction Manager of any breach of the terms of this Contract; provided
however, and without waiving the provisions of§768.28, F.S., that Construction Manager shall
not be responsible to Owner for damages resulting out of bodily injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
Page 18 of 57
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GC 41 PLANT,EQUIPMENT AND FACILITIES
41.1 Construction Manager shall provide and use on any Work only such construction
plant and equipment as are capable of producing the quality and quantity of work and materials
required by the Contract and within the time or times specified in the Contract. Before proceeding
with any Contract Work or with erection of any facilities, including,but not limited to,temporary
structures, machinery, equipment, offices and warehouses, Construction Manager shall furnish
Owner such information and drawings relative to such equipment, plant facilities as Owner may
request.
41.2 Upon written order of Owner,Construction Manager shall discontinue operation of
unsatisfactory plant and equipment or facilities and shall either modify or remove the
unsatisfactory items from the site.
41.3 Construction Manager shall not remove construction plant or equipment from the
site before the Work is finally accepted without Owner's written approval. Such approval shall not
be unreasonably withheld.
GC 42 CONSTRUCTION MANAGER-FURNISHED MATERIALS,EQUIPMENT AND
WORKMANSHIP
42.1 Only new, unused items of recent manufacture, of designated quality, but in no
event less than the standard quality for the improvements, free from defects, will be accepted.
Rejected items shall be removed immediately from the Work and replaced with items of specified
quality. Failure by Owner to order removal of rejected materials and equipment shall not relieve
Construction Manager from responsibility for quality of the materials supplied nor from any other obligation
under the Contract Documents.
42.2 Construction Manager shall continuously check architectural and structural
clearances for accessibility of equipment and mechanical and electrical systems.No allowance of
any kind will be made for Construction Manager's negligence to foresee means of installing
equipment into position inside structures.
42.3 No Work defective in construction or quality, or deficient in meeting any
requirement of the Contract Drawings and Specifications,will be acceptable regardless of Owner's
failure to discover or to point out defects or deficiencies during construction;nor will the presence
of field representatives at the Work or the satisfaction of the Work meeting applicable code
requirements relieve Construction Manager from responsibility for the quality and securing
progress of Work as required by the Contract Documents.The Owner shall notify the Construction
Manager of defective or unacceptable Work if the Owner discovers such.Defective Work revealed
within the time required by warranties (whether expressed or implied) shall be remedied in
accordance with the GENERAL CONDITIONS Section entitled, WARRANTY. No payment,
whether partial or final, shall be construed as an acceptance of defective Work or improper
materials.
42.4 Construction Manager shall waive "common practice" and "common usage" as
construction criteria wherever details and specifications or governing codes and ordinances require
greater quantity or better quality than common practices and common usage would require.
Construction Manager shall order and schedule delivery of materials in reasonable time to avoid
Page 22 of 57
el. The
Construction Manager is responsible for immediate cleanup of any debris deposited along the
access route as a result of its construction traffic.
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ported
performance of the Construction Manager of any breach of the terms of this Contract; provided
however, and without waiving the provisions of§768.28, F.S., that Construction Manager shall
not be responsible to Owner for damages resulting out of bodily injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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delays in construction. Delays in delivery of equipment or material purchased by the Construction
Manager or its Trade Contractors shall not be considered as a cause for an adjustment of the
Contract Time or a basis for damages or compensation. The Construction Manager shall be fully
responsible for the timely ordering, scheduling, expediting, delivery, and installation of all
equipment and materials. If an item is found to be unavailable, Construction Manager shall notify
Owner immediately of recommended substitute(s) to permit Owner's selection of a suitable
substitute.
42.5 Owner will exercise sole authority for determining conformance of workmanship,
materials, equipment and systems with the requirements of the Contract. Review and approval of
all items proposed by Construction Manager for incorporation into the Work will be by Owner.
This function by Owner will apply both to approvals for the Contract as initially signed, and to
approvals for changes to Contract by modifications during progress of the Work. Reference to
manufacturers'names,brands and models is to establish the type and quality desired. Substitutions
may be permitted unless specifically noted otherwise and in accordance with GC 43 below.
42.6 When materials,equipment,or systems are specified by performance only,without
reference to specific manufacturer's brands or models, Construction Manager shall submit its own
choice for Owner's review and approval, supported by sufficient evidence of conformity with the
Contract Documents.
GC 43 SUBSTITUTIONS
43.1 Prior to proposing any substitute item,Construction Manager shall satisfy itself that
the item proposed is, in fact, equal or better to that specified,that such item will fit into the space
allocated, that such item affords comparable ease of operation, maintenance and service, that the
appearance, longevity and suitability for the climate are comparable, and that by reason of cost
savings, reduced construction time, or similar demonstrable benefit, the substitution of such item
will be in Owner's interest, and will in no way impact detrimentally upon the Project completion
date and schedule.
43.2 The burden of proof of equality of a proposed substitution for a specified item shall
be upon Construction Manager prior to Owner's decision on such substitution. Construction
Manager shall support its request with sufficient test data and other means to permit Owner to
make a fair and equitable decision on the merits of the proposal. Construction Manager shall
submit drawings, samples,data, certificates, and additional information as may be required by the
Owner for proposed substitute items as required by GC 46 CONSTRUCTION MANAGER
FURNISHED DRAWINGS, DATA&SAMPLES.
43.3 Any item by a manufacturer other than those specified or of brand name or model
number or of generic species other than those specified will be considered a substitution. Owner
will be the sole judge of whether or not the substitution is equal in quality, utility and economy to
that specified. Construction Manager shall allow an additional seven(7)calendar days for Owner's
review of substitution. All requests for substitutions with submittal data must be made at least
fourteen (14) calendar days prior to the time Construction Manager must order, purchase, or
release for manufacture or fabrication. Materials and methods proposed as substitutions for
specified items shall be supported by certification of their approval for use by all governmental
agencies having jurisdiction over use of specific material or method. Substitutions may not be
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however, and without waiving the provisions of§768.28, F.S., that Construction Manager shall
not be responsible to Owner for damages resulting out of bodily injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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permitted in those instances where the products are designed to match artistic design, specific
function or economy of maintenance. Approval of a substitution shall not relieve Construction
Manager from responsibility for compliance with all requirements of the Contract. Construction
Manager shall coordinate the change with all trades and bear the expense for any changes in other
parts of the Work caused by any substitutions.
43.4 If Owner rejects Construction Manager's substitute item on the first submittal,
Construction Manager may make only one additional request for substitution in the same category.
On the second request, and all future requests, the Construction Manager shall be invoiced the
expenses (including Owner's and Design Professionals' cost and overhead) involved in reviewing
submittal data.
GC 44 EXPEDITING
44.1 The equipment and material furnished under this Contract may be subject to
expediting by Owner,at Owner's expense. Owner shall be allowed reasonable access to the shops,
factories, and other places of business of the Construction Manager and its subcontractors and
suppliers, for expediting purposes. As required by Owner, Construction Manager shall supply
schedules and progress reports for Owner's use in expediting and Construction Manager shall
cooperate with Owner and require its subcontractors and suppliers to cooperate with Owner in
such expediting. Any expediting performed by Owner shall not relieve Construction Manager of
its sole and primary responsibility for timeliness of delivery of the equipment and material to be
furnished under this Contract.
GC 45 FIELD LAYOUT OF WORK
45.1 All Work under this Contract shall be constructed in accordance with the lines and
grades shown on the Contract Drawings or as approved by the Owner in writing. Elevation of
existing ground, structures and appurtenances are believed to be reasonably correct but are not
guaranteed to be absolute and therefore are presented only as an approximation.
45.2 All survey work for construction control purposes shall be made by a land surveyor
registered in the State of Florida,with demonstrated experience in the Project area, and who shall
be employed by the Construction Manager at Construction Manager's expense. The Construction
Manager shall establish all base lines for the location of the principal component parts of the Work
together with permanent benchmarks and temporary benchmarks adjacent to the Work. Based
upon the information provided by the Contract Drawings, the Construction Manager's surveyor
shall develop and make all detail surveys necessary for construction including establishment or
construction of grid coordinates as shown on the Contract Drawings, location of property
boundaries, stakes for all working points, lines and elevations. Owner shall provide surveys
necessary for utility easements.
45.3 The Construction Manager shall have the responsibility to carefully preserve all
benchmarks, reference points and stakes. hi case of destruction thereof by the Construction
Manager resulting from his negligence, or for any other reason, it shall be held liable for any
expense and damage resulting therefrom and shall be responsible for any mistakes that may be
caused by the unnecessary loss or disturbance of such benchmarks, reference points and stakes.
Existing or new control points, property markers, and monuments that will be established or are
destroyed during the normal course of construction shall be reestablished by the Construction
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be
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however, and without waiving the provisions of§768.28, F.S., that Construction Manager shall
not be responsible to Owner for damages resulting out of bodily injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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Manager,and all reference ties recorded therefor shall be furnished to the Owner.All computations
necessary to establish the exact position of the Work shall be made and preserved by the
Construction Manager.
GC 46 CONSTRUCTION MANAGER FURNISHED DRAWINGS, DATA AND SAMPLES
46.1 Review and permission to proceed by Owner as stated in this Contract does not
constitute acceptance or approval of design details, calculations, analyses, test methods,
certificates or materials developed or selected by the Construction Manager and does not relieve
Construction Manager from full compliance with contractual obligations. Drawings, samples,
catalogues, data and certificates required shall be submitted to the Owner for review.
46.2 All correspondence from the Construction Manager to the Owner shall be
numbered sequentially and the submittal number shall be referenced. Submittal drawings (shop,
erection or setting diagrams) and schedules,required for work of various trades, shall be checked
before submission by technically qualified employees of Construction Manager for accuracy,
completeness and compliance with Contract requirements. These drawings and schedules shall be
stamped and signed by Construction Manager certifying to such check. The certification stamp shall read
as follows:
"I certify that I have checked this submittal for accuracy, completeness and compliance with
Contract requirements, and it has been coordinated with all other submittals and Contract
Documents."
SIGN DATE
46.3 Drawings
46.3.1 Where drawings are required for (a) fabrication of Construction Manager
furnished equipment; (b) installing Construction Manager furnished material or equipment; or(c)
planning and performance of the Work under Contract;such drawings shall be originally generated
and submitted by and at the expense of the Construction Manager before fabrication, installation
or performance is commenced. Each submittal shall be made not less than fourteen (14) calendar
days prior to the time that the drawings are required in accordance with the schedule. Allow at
least seven (7)calendar days for review by the Engineer. Such drawings shall include, but not be
limited to, matchmarks, erection diagrams and other details, such as field connections for proper
installation,erection of the equipment, and performance of the Work.
46.32 For drawings greater in size than 11" x 17", one reproducible and four
copies shall be submitted to the Owner by and at the expense of the Construction Manager. The
Owner will be the sole judge of the adequacy of the quality of the reproducible and prints and may
reject reproducibles and/or prints on the basis of quality alone. Such drawings will not be folded
but will be transmitted in mailer rolls manufactured expressly for that purpose. The reproducible
with the Owner's review comments will be returned to the Construction Manager. A reproducible
copy of drawings equal to or less than 11" x 17" is not necessary, but one digital copy and one
copy of the unfolded drawings must be transmitted to the Architect and Owner.
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ny
expense and damage resulting therefrom and shall be responsible for any mistakes that may be
caused by the unnecessary loss or disturbance of such benchmarks, reference points and stakes.
Existing or new control points, property markers, and monuments that will be established or are
destroyed during the normal course of construction shall be reestablished by the Construction
Page 24 of 57
be
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however, and without waiving the provisions of§768.28, F.S., that Construction Manager shall
not be responsible to Owner for damages resulting out of bodily injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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46.3.3 If drawings show variations from the Contract requirements, the
Construction Manager shall describe such variations in writing, separate from the drawings, at the
time of submission. If the Owner approves any such variation(s), it will issue an appropriate
Contract modification,except that, if the variation is minor and does not involve a change in price
or in time of performance, a modification need not be issued.
46.3.4 Drawings of a specific piece of equipment shall identify components with
the manufacturer's part number or reference drawing clearly indicated. If reference drawing
numbers are used, the review date of such drawings shall be included. Drawings shall indicate
design dimensions,maximum and minimum allowable operating tolerances on all major wear fits,
i.e. - rotating, reciprocating or intermittent sliding fits between shafts or stems and seals, guides
and pivot pins. The sequence of submission of all drawings shall be such that all information is
available for reviewing each drawing when it is received.
463.5 All drawings submitted by the Construction Manager shall be certified and
dated by the Construction Manager on the face of each drawing to be correct, accurate and shall
be furnished in accordance with requirements of the Specifications. The Architect and Owner will
conduct a review of Construction Manager's drawings and a drawing marked with one of the
following review comments will be returned to the Construction Manager:
1. No exceptions taken.
2. Make corrections noted.No resubmittal.
3. Not required for review.
46.3.6 The Construction Manager must incorporate the changes indicated,
resubmit and obtain a Code 1 or 2 notation before release for shipment can be granted.
46.4 Samples.
46.4.1 Samples are physical examples that illustrate materials, equipment or
workmanship and establish standards by which the Work will be judged. Samples of all items of
related systems (i.e., adjacent surfaces requiring similar colors but manufactured of different
materials)must be submitted in the same time frame before the approval process can begin.
46.4.2 Where samples are required,they shall be submitted by and at the expense
of the Construction Manager. Such submittal shall be made not less than thirty five(35)calendar
days prior to the time that the materials represented by such samples need to be ordered for
incorporation into any Work in accordance with the schedule. Allow at least seven (7) calendar
days for Owner's review. Materials represented by such samples shall not be manufactured,
delivered to the site or incorporated into any Work without such review. Each sample shall bear
a label showing the Construction Manager's name, date submitted, Project name, name of the
item, manufacturer's name, brand name, model number, supplier's name, and reference to the
appropriate drawing, Technical Specification section and paragraph number, all as applicable.
46.4.3 Samples that have been reviewed may, at Architect's and Owner's option,
be returned to the Construction Manager for incorporation into the Work.
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wings must be transmitted to the Architect and Owner.
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ny
expense and damage resulting therefrom and shall be responsible for any mistakes that may be
caused by the unnecessary loss or disturbance of such benchmarks, reference points and stakes.
Existing or new control points, property markers, and monuments that will be established or are
destroyed during the normal course of construction shall be reestablished by the Construction
Page 24 of 57
be
Page 23 of 57
however, and without waiving the provisions of§768.28, F.S., that Construction Manager shall
not be responsible to Owner for damages resulting out of bodily injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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46.5 Catalogues, Data and Certificates.
46.5.1 Where catalogues,data or certificates are required, one(1)digital copy and
one(1)copy of each shall be submitted by and at the expense of the Construction Manager. Such
submittal shall be made not less than fourteen (14) calendar days prior to the time that the
materials represented by such catalogues, data or certificates must be ordered for incorporation
into any Work in accordance with the BAR CHART schedule. Allow at least 7 calendar days for
Architect and Owner's review. Material represented by such shall not be fabricated, delivered to
the site or incorporated into any Work without such review.
46.5.2 Certificates shall clearly identify the material being certified and shall
include but not be limited to providing the following information: Construction Manager's name,
Project name, name of the item, manufacturer's name, and reference to the appropriate drawing,
Technical Specification section and paragraph number all as applicable.All catalogues, data and
certificates submitted by the Construction Manager shall be certified and dated by the
Construction Manager on the face of each catalogue, data and certificate to be correct and shall
be furnished in accordance with these requirements and the requirements of the Technical
Specifications.Architect and Owner will conduct a review of Construction Manager's catalogues,
data, and certificates and one copy marked with the review comments listed in paragraph 46.3.5,
above,will be returned to the Construction Manager.
GC 47 CONSTRUCTION SCHEDULE
47.1 Within ten (10) calendar days after the date of the Owner's issuance of a Notice to
Proceed, the Construction Manager shall prepare and submit to the Owner a BAR CHART
construction schedule in graphically depicting the activities contemplated to occur as a necessary
incident to performance of the Work required to complete the Project, showing the sequence in
which the Construction Manager proposes for each such activity to occur and duration (dates of
commencement and completion, respectively) of each such activity. The Owner's initial approval
for the purposes of this GC 47. 1, and any other provisions in the Contract Documents related to
the Construction Manager's responsibility to prepare and submit schedules shall be limited to a
determination that the activities, durations and logic are reasonable.
47.1.1 The construction schedule shall be complete in all respects, covering, in
addition to activities and interfaces with other Construction Managers at the site of the Work,
offsite activities such as design, fabrication, an allowance for weather delays, submittals,
procurement and jobsite delivery of Construction Manager furnished material and equipment. The
schedule shall be a BAR CHART Critical Path type network drawn to a time scale using arrow or
precedence type diagramming. The construction schedule activities shall mirror the payment
application breakdown.
47.1.2 The construction schedule shall include the following:
1. Brief description of each activity.
2. All submittals, samples, approvals, fabrication, and deliveries for
equipment and materials.
3. Activities showing scheduled start and finish, late start and finish,
and float.
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ay be
caused by the unnecessary loss or disturbance of such benchmarks, reference points and stakes.
Existing or new control points, property markers, and monuments that will be established or are
destroyed during the normal course of construction shall be reestablished by the Construction
Page 24 of 57
be
Page 23 of 57
however, and without waiving the provisions of§768.28, F.S., that Construction Manager shall
not be responsible to Owner for damages resulting out of bodily injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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4. Relations between activities.
5. Duration of activities.No activity should be scheduled for more than
20 workdays.
6. Contractual and other major milestones including phasing.
7. Schedule activities to include labor and material.
8. An allowance for delays due to weather. Contract Time extensions
for weather delays will be granted only when all of the conditions and criteria for evaluation of
time extensions have been met pursuant to the General Conditions.
47.1.3 Upon acceptance of the original Schedule,the Early Start and Early Finish
dates for all activities shall be fixed as Planned Start and Planned Finish dates. Any further
revisions to the schedule must be submitted in writing and approved by the Owner.
47.1.4 The detailed BAR CHART schedule submittal shall include one (1) digital
color copy and one (1) color copy of the following:
1. Time Scaled Network Diagram.
2. Bar Chart in the following formats:
3. Sorted by activity.
4. Sorted by total float.
5. Sorted by early start.
6. Precedence and Successor report.
7. Narrative report.
8. Computer diskette. (One copy)
9. Submittals shall be organized under Standard CSI format.
47.1.5 The detailed BAR CHART Schedule shall be updated monthly and
submitted along with an updated CD accompanied by an Application for Payment. Construction
Manager shall meet with the Owner and Architect/Engineer of Record to review and verify:
1. Actual start and finish dates for completed activities.
2. Remaining duration required to complete each activity started,
scheduled to start,but not completed.
4. Logic and time, for change orders that are to be incorporated into
the diagram and computer produced schedules.
5. Percentage for completed and partially completed activities.
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cur and duration (dates of
commencement and completion, respectively) of each such activity. The Owner's initial approval
for the purposes of this GC 47. 1, and any other provisions in the Contract Documents related to
the Construction Manager's responsibility to prepare and submit schedules shall be limited to a
determination that the activities, durations and logic are reasonable.
47.1.1 The construction schedule shall be complete in all respects, covering, in
addition to activities and interfaces with other Construction Managers at the site of the Work,
offsite activities such as design, fabrication, an allowance for weather delays, submittals,
procurement and jobsite delivery of Construction Manager furnished material and equipment. The
schedule shall be a BAR CHART Critical Path type network drawn to a time scale using arrow or
precedence type diagramming. The construction schedule activities shall mirror the payment
application breakdown.
47.1.2 The construction schedule shall include the following:
1. Brief description of each activity.
2. All submittals, samples, approvals, fabrication, and deliveries for
equipment and materials.
3. Activities showing scheduled start and finish, late start and finish,
and float.
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ay be
caused by the unnecessary loss or disturbance of such benchmarks, reference points and stakes.
Existing or new control points, property markers, and monuments that will be established or are
destroyed during the normal course of construction shall be reestablished by the Construction
Page 24 of 57
be
Page 23 of 57
however, and without waiving the provisions of§768.28, F.S., that Construction Manager shall
not be responsible to Owner for damages resulting out of bodily injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
Page 18 of 57
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47.2 Following development and submittal of the construction schedule as aforesaid,the
Construction Manager shall, at the end of each calendar month occurring thereafter during the
period of time required to finally complete the Project,or at such earlier intervals as circumstances
may require, update and/or revise the construction schedule to show the actual progress of the
Work performed and the occurrence of all events which have affected the progress of performance
of the Work already performed or will affect the progress of the performance of the Work yet to
be performed in contrast with the planned progress of performance of such Work, as depicted on
the original construction schedule and all updates and/or revisions thereto as reflected in the
updated and/or revised construction schedule last submitted prior to submittal of each such
monthly update and revision.
47.3 The Construction Manager shall prepare and incorporate into the schedule data
base, at the required intervals,the following schedules:
A. Subcontractor Construction (Sub-networks) - Upon the award of each
subcontract, the Construction Manager shall jointly with the subcontractor, develop a schedule
which is more detailed than the pre-bid schedule included in the Specifications,taking into account
the Work schedule of the other subcontractors. The construction schedule shall include as many
activities as necessary to make the schedule an effective tool for construction planning and for
monitoring the performance of the subcontractor. The construction schedule shall also show
pertinent activities for material purchase orders, manpower supply, shop drawing schedules and
material delivery schedules.
B. Occupancy Schedule-The Construction Manager shall jointly develop with
the Engineer and Owner a detailed plan, inclusive of punch lists, final inspections, maintenance
training and turn-over procedures,to be used for ensuring accomplishment of a smooth and phased
transition from construction to Owner occupancy. The Occupancy Schedule shall be produced and
updated monthly from its inception through final Owner occupancy.
47.4 The Construction Manager shall submit a written narrative report as a part of his
monthly review and update in a form agreed upon by the Construction Manager and the Owner.
The narrative report shall include a description of problem areas; current and anticipated delaying
factors and their estimated impact on performance of other activities and completion dates; and an
explanation of corrective action taken or proposed.
47.5 The Construction Manager shall have in its employ for the length of this Project, at
least one qualified scheduling specialist whose responsibility as to this Contract will be to prepare,
plan and draft the construction schedules, monitor the construction progress, analyze scheduling
problems for resolution, update the Construction Schedule as required in the Contract, and
maintain updated information as required regarding the interface with other contracts. The costs
associated herewith, and all scheduling activities, are included in the Lump Sum.
47.6 The Construction Manager agrees that whenever it becomes apparent from the
current progress review meeting or the computer produced calendar dated schedule that the
Contract completion date will not be met,the Construction Manager shall execute some or all of
the following remedial actions at Construction Manager's sole cost and expense:
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of construction shall be reestablished by the Construction
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be
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however, and without waiving the provisions of§768.28, F.S., that Construction Manager shall
not be responsible to Owner for damages resulting out of bodily injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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A. Increase construction manpower in such quantities and crafts as necessary
to eliminate the backlog of Work.
B. Increase the number of working hours per shift, shifts per working day,
working days per week, the amount of construction equipment, or any combination of the
foregoing to eliminate the backlog of Work.
C. Reschedule the Work in conformance with the specification requirements.
47.7 Prior to proceeding with any of the above actions, the Construction Manager shall
notify the Owner of the proposed schedule changes. Such actions shall be incorporated by the
Construction Manager into the diagram before the next update, at no additional cost.
GC 48 RESPONSIBILITY FOR WORK SECURITY
48.1 Construction Manager shall,at its expense,at all times conduct all operations under
the Contract in a manner to avoid the risk of loss,theft or damage by vandalism, sabotage or other
means to any property. Construction Manager shall promptly take all reasonable precautions which
are necessary and adequate against any conditions which involve a risk of loss,theft or damage to
its property, at a minimum. Construction Manager shall continuously inspect all its Work,
materials, equipment and facilities to discover and determine any such conditions and shall be
solely responsible for discovery, determination and correction of any such condition.
48.2 Construction Manager shall prepare and maintain accurate reports of incidents of
loss,theft or vandalism and shall furnish these reports to Owner within three days of each incident.
GC 49 PROTECTION OF WORK IN PROGRESS, MATERIALS AND EQUIPMENT
49.1 Construction Manager shall be responsible for and shall bear any and all risk of loss
or damage to Work in progress, all materials delivered to the site, and all materials and equipment
involved in the Work until completion and final acceptance of Work under this Contract.Excluded
from Construction Manager's responsibility is any loss or damage which results from acts or
omissions of the Owner or its representatives or other contractors.
49.2 Permanent openings or thoroughfares for the introduction of work and materials to
the structure and construction site shall be protected so that upon completion,the entire Work will
be delivered to the Owner in proper,whole and unblemished condition.
GC 50 PROTECTION OF EXISTING PROPERTY
50.1 Construction Manager shall so conduct its operations as not to damage, close, or
obstruct any utility installation, highway,road or other property until permits therefore have been
Page 30 of 57
truction Manager shall have in its employ for the length of this Project, at
least one qualified scheduling specialist whose responsibility as to this Contract will be to prepare,
plan and draft the construction schedules, monitor the construction progress, analyze scheduling
problems for resolution, update the Construction Schedule as required in the Contract, and
maintain updated information as required regarding the interface with other contracts. The costs
associated herewith, and all scheduling activities, are included in the Lump Sum.
47.6 The Construction Manager agrees that whenever it becomes apparent from the
current progress review meeting or the computer produced calendar dated schedule that the
Contract completion date will not be met,the Construction Manager shall execute some or all of
the following remedial actions at Construction Manager's sole cost and expense:
Page 29 of 57
of construction shall be reestablished by the Construction
Page 24 of 57
be
Page 23 of 57
however, and without waiving the provisions of§768.28, F.S., that Construction Manager shall
not be responsible to Owner for damages resulting out of bodily injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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obtained. If facilities are closed, obstructed, damaged or rendered unsafe by Construction
Manager's operations, Construction Manager shall, at its expense, make such repairs and provide
temporary guards, lights and other signals as necessary or required for safety and the welfare of
persons on the jobsite and the general public.
50.2 Construction Manager shall conduct its operation so as not to damage any existing
buildings or structures. The Construction Manager shall verify that means and methods of
construction used inside, adjacent to, under or over existing buildings will not cause damage.The
Construction Manager shall provide protection methods which insure the safety of persons on the
jobsite and the general public.
50.3 Unless otherwise specifically provided in the Contract,Construction Manager shall
not do any Work that would disrupt or otherwise interfere with the operation of any pipeline,
telephone, electric, radio, gas, transmission line, ditch or other structure, nor enter upon lands in
their natural state until approved by Owner. Thereafter, and before it begins such Work,
Construction Manager shall give due notice to Owner of its intention to start such Work.
Construction Manager shall not be entitled to any extension of time or any extra compensation on
account of any postponement, interference, or delay cause by any such line, ditch or structure on
or adjacent to the site of the Work. If Construction Manager has exercised due diligence, such as,
but not limited to, conducting soft digs, securing utility locates, as well as other activities both
during its Pre-Con performance and thereafter,Construction Manager shall not be held responsible
for any damages caused to any lines, cables, pipes, or pipelines which are not depicted on the
surveys, studies, reports, investigations and legal descriptions of the site supplied to the
Construction Manager.
50.4 Construction Manager shall preserve and protect all cultivated and planted areas
and vegetation such as trees, plants, shrubs and grass on or adjacent to the Project, which, as
determined by Owner, do not reasonably interfere with the performance of this Contract.
50.5 Construction Manager shall be responsible for damage to any such areas and
vegetation and for unauthorized cutting of trees and vegetation, including, without limitation,
damage arising from the performance of its work through operation of equipment or stockpiling
of materials.All cost in connection with any repairs or restoration necessary or required by reason
of any such damage or unauthorized cutting shall be borne by Construction Manager.
GC 51 LABOR
51.1 Construction Manager shall employ only competent and skilled personnel to
perform the Work. Construction Manager shall, if requested to do so by Owner, remove from the
jobsite any personnel of Construction Manager whom Owner determines unfit or acting or working
in violation of any provision of this Contract.
51.2 Work assignments and the settlement of jurisdictional disputes shall conform with
either the Rules, Regulations and Procedures of the Plan for Settlement of Jurisdictional Disputes
in the Construction Industry, and any successor agreement thereto, or any other mutually
established method of determining work assignments and settling jurisdictional disputes.
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all execute some or all of
the following remedial actions at Construction Manager's sole cost and expense:
Page 29 of 57
of construction shall be reestablished by the Construction
Page 24 of 57
be
Page 23 of 57
however, and without waiving the provisions of§768.28, F.S., that Construction Manager shall
not be responsible to Owner for damages resulting out of bodily injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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51.3 Construction Manager shall comply with and shall cooperate with Owner in
enforcing jobsite conditions and job work rules which directly affect the performance of the Work
including, but not limited to, starting and quitting time, smoking regulations, check-in and check-
out procedures, job site safety regulations and security regulations, emergency plans and
procedures, and daily clean-up.
51.4 The Construction Manager and subcontractors shall be bound by and comply with
all Federal, State and local laws with regard to minimum wages, overtime work, hiring, and
discrimination. All work necessary to be performed after regular working hours, on Saturdays,
legal and Owner holidays, shall be performed without additional expense to the Owner. The
Construction Manager shall comply with the Copeland Anti-Kick Back Act (19 U.S.C. 874) as
supplemented in the Department of Labor Regulations(29 CFR Part 3).This act provides that each
Construction Manager or subcontractor shall be prohibited from inducing by any means, any
person employed in the construction, completion or repair of public work, to give up any part of
the compensation to which he is otherwise entitled.
51.5 Construction Manager shall complete "Construction Manager's Daily Report"
(Appendix "A") for each day work is accomplished. Reports shall be made available to Owner
upon its request.
GC 52 EQUAL EMPLOYMENT OPPORTUNITY
52.1 During the performance of this Contract, the Construction Manager agrees as
follows:
A. The Construction Manager will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, sexual orientation, or national
origin. The Construction Manager will take affirmative action to ensure that applicants and
employees are treated during employment without regard to their race, color, religion, sex,sexual
orientation, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Construction Manager agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the Owner setting forth
provisions of this nondiscrimination clause.
B. The Construction Manager will, in all solicitations or advertisements for
employees placed for, by, or on behalf of the Construction Manager, state that all qualified
applicants will receive consideration for employment without regard to race, color, religion, sex,
sexual orientation, or national origin.
C. The Construction Manager will send to each labor union or representatives
of workers with which it has a collective bargaining agreement or other contract or understanding,
a notice to be provided by the Owner, advising the labor union or workers' representative of the
Construction Manager's commitments under Section 202 of Executive Order 11246 of September
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Disputes
in the Construction Industry, and any successor agreement thereto, or any other mutually
established method of determining work assignments and settling jurisdictional disputes.
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all execute some or all of
the following remedial actions at Construction Manager's sole cost and expense:
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of construction shall be reestablished by the Construction
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be
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however, and without waiving the provisions of§768.28, F.S., that Construction Manager shall
not be responsible to Owner for damages resulting out of bodily injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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ge 16 of 57
24, 1965, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
D. The Construction Manager will comply with all provisions of Executive
Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
E. The Construction Manager will furnish all information and reports required
by Executive Order 11246 of September 24, 1965, and by the rules,regulations, and orders of the
Secretary of Labor,or pursuant thereto, and will permit access to his books,records,and accounts
by the Owner and the Secretary of Labor for purposes of investigation to ascertain compliance
with such rules,regulations, and orders.
F. In the event of the Construction Manager's noncompliance with the
nondiscrimination clauses of this Contract or with any of such rules, regulations, or orders, this
Contract may be cancelled, terminated or suspended in whole or in part and the Construction
Manager may be declared ineligible for further contracts in accordance with procedures authorized
in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
G. The Construction Manager will include the provisions of paragraphs A
through F in every subcontract or purchase unless exempted by rules,regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24,
1965,so that such provisions will be binding upon each subcontractor or vendor.The Construction
Manager will take such action with respect to any subcontractor or purchase order as may be
directed to the Secretary of Labor as a means of enforcing such provisions including sanctions for
noncompliance:Provided,however,that in the event the Construction Manager becomes involved
in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction,the
Construction Manager may request the United States to enter into such litigation to protect the
interest of the United States.
H. All regulations, guidelines, and standards lawfully adopted under the
governing statutes.
GC 53 SAFETY& PROTECTION OF PERSONS & PROPERTY
53.1 RESPONSIBILITY FOR SAFETY AND HEALTH
53.1.1 The Construction Manager shall be responsible for initiating, maintaining
and supervising all safety precautions and programs in connection with the Work to be performed
under the terms of the Contract ("Work"). The Construction Manager shall take all precautions
and follow all procedures for the safety of,and shall provide all protection to prevent injury to, all
persons involved in any way in the Work and all other persons, including, without limitation,the
employees, agents, guests, visitors, invitees and licensees of the Owner and Users who may be
affected thereby. The Construction Manager shall set forth in writing its safety precautions and
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Page 32 of 57
Disputes
in the Construction Industry, and any successor agreement thereto, or any other mutually
established method of determining work assignments and settling jurisdictional disputes.
Page 31 of 57
all execute some or all of
the following remedial actions at Construction Manager's sole cost and expense:
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of construction shall be reestablished by the Construction
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be
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however, and without waiving the provisions of§768.28, F.S., that Construction Manager shall
not be responsible to Owner for damages resulting out of bodily injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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ge 16 of 57
programs in connection with the Work and submit the same to the Owner. The Owner may, but
shall not be obligated to, make suggestions and recommendations to the Construction Manager
with respect thereto.
53.1.2 All Work, whether performed by the Construction Manager, its Sub-
Construction Managers or Sub-subcontractors, or anyone directly or indirectly employed by any
of them, and all equipment, appliance, machinery, materials, tools and like items incorporated or
used in the Work, shall be in compliance with, and conform to:
1. all applicable laws, ordinances, rules, regulations and orders of any
public, quasi-public or other authority relating to the safety of persons and their protection against
injury, specifically including, but in no event limited to, the Federal Occupational Safety and
Health Act of 1970, as amended and all State, Local, City and County rules and regulations now
or hereafter in effect; and
2 all codes, rules, regulations and requirements of the Owner and its
insurance carriers relating thereto.In the event of conflicting requirements,the more stringent shall
govern.
53.1.3 Should the Construction Manager fail to provide a safe area for the
performance of the Work or any portion thereof, the Owner shall have the right, but not the
obligation, to suspend Work in the unsafe area. All costs of any nature resulting from the
suspension, by whomsoever incurred, shall be borne by the Construction Manager.
53.1.4 The Construction Manager shall provide, or cause to be provided, to each
worker on the Job Site the proper safety equipment for the duties being performed by that worker
and will not permit any worker on the Job Site who fails or refuses to use the same. The Owner
shall have the right, but not the obligation, to order the Construction Manager to send a worker
home for the day or to discharge a worker for his or her failure to comply with safe practices,with
which order the Construction Manager shall promptly comply.
53.1.5 The Construction Manager shall defend, indemnify and hold the Owner, the
Owner's Representative and their respective officers, directors, agents, employees and assigns,
harmless from and against any and all liability, public or private, penalties, contractual or
otherwise, losses, damages, costs,reasonable attorneys'fees, expenses, causes of action, claims or
judgments to the extent resulting from any failure of the Construction Manager, its subcontractors
or sub-subcontractors or anyone directly or indirectly employed by any of them or for whose acts
any of them may be liable,to comply with the provisions of this General Condition.
53.1.6 In any and all claims against those indemnified hereunder by any employee
of the Construction Manager,any subcontractor or sub-subcontractor,anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable,the indemnification
obligation under this Paragraph shall not be limited in any way to any limit(s) on the amount or
type of damage, compensation or benefits payable by or for the Construction Manager or any
subcontractor or sub-subcontractor under any workers' compensation acts, disability benefit acts
or other employee benefit acts.
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established method of determining work assignments and settling jurisdictional disputes.
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all execute some or all of
the following remedial actions at Construction Manager's sole cost and expense:
Page 29 of 57
of construction shall be reestablished by the Construction
Page 24 of 57
be
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however, and without waiving the provisions of§768.28, F.S., that Construction Manager shall
not be responsible to Owner for damages resulting out of bodily injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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ge 16 of 57
53.2 PROTECTION OF WORK AND PROPERTY;RESPONSIBILITY FOR LOSS
53.2.1 The Construction Manager shall, throughout the performance of the
Contract, maintain adequate and continuous protection of all completed Work and temporary
facilities against loss or damage from whatever cause, shall protect the property of the Owner and
third parties from loss or damage from whatever cause arising out of the performance of the
Contract and shall comply with the requirements of the Owner and its insurance carriers and with
all applicable laws, codes, rules and regulations with respect to the prevention of loss or damage
to the property. The Owner, their representatives or insurance carriers may, but shall not be
required to, make periodic patrols of the Job Site as a part of its normal safety, loss control and
security programs. In such event, however,the Construction Manager shall not be relieved of its
aforesaid responsibilities and the Owner shall not assume,nor shall it be deemed to have assumed,
any responsibility otherwise imposed upon the Construction Manager by this Contract.
53.2.2 Until final acceptance of the Work by the Owner pursuant to GC 72 of this
Contract, the Construction Manager shall have full and complete charge and care of and, except
as otherwise provided in this subparagraph or elsewhere in this Contract, shall bear all risk of loss
of, and injury or damage to, the Work or any portion thereof (specifically including Owner
furnished supplies, equipment or other items to be utilized in connection with,or incorporated in,
the Work) from any cause whatsoever, except to the extent caused by Owner, its representatives,
or contractors.
53.2.3 The Construction Manager shall rebuild, repair, restore and make good all
losses of, and injuries or damages to, the Work or any portion thereof(specifically including
Owner furnished supplies, equipment or other items to be utilized in connection with, or
incorporated in, the Work) before final acceptance of the Work. Such rebuilding, repair or
restoration shall be at the Construction Manager's sole cost and expense unless the loss, injury or
damage requiring such rebuilding,repair or restoration:
1. Is directly due to errors in the Contract Documents which were not
discovered by the Construction Manager and which the Construction Manager could not have
discovered through the exercise of due diligence;
2 Is caused by the agents or employees or contractors of the Owner(unless
(1) the Construction Manager has waived its rights of subrogation against the Owner on account
thereof as provided in the Contract Documents, or (2) such loss or damage would be covered by
any policy or policies of insurance which the Construction Manager is required to maintain
hereunder, whether the Construction Manager actually maintains such insurance or not, or (3) is
otherwise covered by a policy or policies of insurance maintained by the Construction Manager,
whether or not required hereunder).
53.3 SURFACE AND SUBSURFACE WATER
53.3.1 Surface or subsurface water or other fluid shall not be permitted to
accumulate in excavations or under or in the structures. Should such conditions develop or be
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tor under any workers' compensation acts, disability benefit acts
or other employee benefit acts.
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established method of determining work assignments and settling jurisdictional disputes.
Page 31 of 57
all execute some or all of
the following remedial actions at Construction Manager's sole cost and expense:
Page 29 of 57
of construction shall be reestablished by the Construction
Page 24 of 57
be
Page 23 of 57
however, and without waiving the provisions of§768.28, F.S., that Construction Manager shall
not be responsible to Owner for damages resulting out of bodily injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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ge 16 of 57
encountered, the water or other fluid shall be controlled and suitably disposed of by means of
temporary pumps, piping, drainage lines and ditches, dams or other methods approved by the
Owner in writing. The proposed location and coordination of temporary channels and conduits
conducting accumulated water from the Job Site shall be permitted by the proper regulatory
agency and submitted to the Owner for its prior written approval. All such Work shall be done at
the sole expense of the Construction Manager.
53.4 EMERGENCIES
53.4.1 In any emergency affecting the safety of persons or property,or in the event
of a claimed violation of any federal or state safety or health law or regulation, arising out of or in
any way connected with the Work or its performance, the Construction Manager shall act
immediately to prevent threatened damage, injury or loss to remedy said violation, whichever is
applicable. Failure by Construction Manager to take necessary emergency action shall entitle the
Owner to take whatever action it deems reasonably necessary, including, but not limited to,
suspending the Work as provided in GC 23.
53.4.2 The Owner may offset any and all costs or expenses of whatever nature,
including reasonable attorneys' fees, paid or incurred by the Owner in taking such emergency
action against any sums then or thereafter due to the Construction Manager. The Construction
Manager shall defend, indemnify and hold the Owner harmless against any and all costs or
expenses pursuant to this GC 53.4.2, by whomsoever incurred. If the Construction Manager shall
be entitled to any additional compensation or extension of time claimed on account of emergency
work which is not due to the fault or neglect of the Construction Manager or its subcontractors or
sub-subcontractors, it shall be handled as provided in GC 65.
53.5 OWNER'S STANDARDS
53.5.1 The Owner reserves the right,but assumes no duty,to establish and enforce
standards, and to change the same from time to time, for the protection of persons and property,
with which the Construction Manager shall comply, and to review the efficacy of all protective
measures taken by the Construction Manager. The exercise of or failure to exercise any or all of
these rights by the Owner shall not relieve the Construction Manager of its duties and
responsibilities under this Contract, and the Owner shall not thereby assume, nor be deemed to
have assumed, any such duties or responsibilities of the Construction Manager.
GC 54 PROJECT SITE PROTECTION
54.1 Construction Manager, at its expense, shall maintain such protection as provided in
General Conditions Section (GC 53) titled SAFETY & PROTECTION OF PERSONS &
PROPERTY in a satisfactory condition until removal is authorized by Owner. Construction
Manager, at its expense, shall make all necessary repairs to property damaged by construction
operations. Repairs shall be made in a manner satisfactory to Owner. The Construction Manager
Page 36 of 57
cumulate in excavations or under or in the structures. Should such conditions develop or be
Page 35 of 57
tor under any workers' compensation acts, disability benefit acts
or other employee benefit acts.
Page 34 of 57
established method of determining work assignments and settling jurisdictional disputes.
Page 31 of 57
all execute some or all of
the following remedial actions at Construction Manager's sole cost and expense:
Page 29 of 57
of construction shall be reestablished by the Construction
Page 24 of 57
be
Page 23 of 57
however, and without waiving the provisions of§768.28, F.S., that Construction Manager shall
not be responsible to Owner for damages resulting out of bodily injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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ge 16 of 57
will provide parking for its employees within the designated work areas. Construction Manager
employees will not be allowed to park in areas which are used by any facilities which remain in
operation.
GC 55 FIRE PREVENTION
55.1 Construction Manager shall, at its expense, conform to all Federal, State, and local
laws and regulations pertaining to burning, fire prevention and control within or adjacent to the
Project.Necessary precautions to avoid and eliminate fire hazards shall be the responsibility of the
Construction Manager.This includes keeping the Contract Work area clear of all trash at all times.
55.2 All tarpaulins used for any purpose during construction of any Work shall be made
of material resistant to fire, water and weather and shall bear UL labels. Lighting of any fires on
premises is strictly forbidden. Controlled burning shall be with the consent of the Owner.
Construction Manager shall provide portable fire extinguishers properly labeled, located and
compatible with the hazard of each work area and shall instruct its personnel in their use.Wherever
welding and burning are conducted,inflammable materials shall be protected and a fire watch shall
be provided by Construction Manager to be present during the burning and welding operation to
ensure that protective measures are taken and that no fires result from such operation. The fire
watch shall have fire extinguisher equipment readily available and know-how for proper use.
GC 56 ILLUMINATION
56.1 When any work is performed at night or where daylight is shut off or obscured,
Construction Manager shall, at its expense, provide artificial light sufficient to permit work to be
carried on efficiently, satisfactorily and safely, and to permit thorough inspection. During such
time periods the access to the place of work shall also be clearly illuminated.All wiring for electric
light and power shall be installed and maintained in a first-class manner,securely fastened in place
at all points,and shall be kept as far as possible from telephone wires, signal wires,and wires used
for firing blasts.
GC 57 RESERVED
GC 58 DUST CONTROL
58.1 The Construction Manager, for the duration of the Contract, shall, at its expense,
maintain all excavations embankments, haul roads, access roads,plant sites, waste disposal areas,
borrow areas, and all other work areas free from dust. Industry-accepted methods of dust control
suitable for the area involved and approved by Owner will be permitted.
GC 59 WATER POLLUTION
59.1 Construction Manager shall, at its expense, provide suitable facilities to prevent the
introduction of any substance or materials into any stream,river,lake or other body of water which
may pollute the water or constitute substances or materials deleterious to fish and wildlife.
GC 60 AIR POLLUTION
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uction
operations. Repairs shall be made in a manner satisfactory to Owner. The Construction Manager
Page 36 of 57
cumulate in excavations or under or in the structures. Should such conditions develop or be
Page 35 of 57
tor under any workers' compensation acts, disability benefit acts
or other employee benefit acts.
Page 34 of 57
established method of determining work assignments and settling jurisdictional disputes.
Page 31 of 57
all execute some or all of
the following remedial actions at Construction Manager's sole cost and expense:
Page 29 of 57
of construction shall be reestablished by the Construction
Page 24 of 57
be
Page 23 of 57
however, and without waiving the provisions of§768.28, F.S., that Construction Manager shall
not be responsible to Owner for damages resulting out of bodily injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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ge 16 of 57
60.1 The Construction Manager shall,at its expense,so perform its work as not to discharge
into the atmosphere from any source whatever smoke, dust, or other air contaminants in violation
of the laws,rules and regulations of all Federal,State and local air and water pollution requirements
including, but not limited to: Registering with the Dania Beach County Health Department, Air
Pollution Board, any equipment requiring operating permits by said Board; Adhering to all
Broward County Air Pollution Board Regulations.
GC 61 EXPLOSIVES & HAZARDOUS MATERIALS
61.1 Construction Manager shall obtain all required Federal, State and local permits and
licenses and shall be responsible for the safe and proper handling, labeling, transporting, storage
and use of any explosive or hazardous materials brought onto or encountered within the site, and
at its expense,make good any damage caused by its handling,transporting, storage and use. The
Construction Manager will notify the Owner immediately if explosive or hazardous materials are
encountered on the site. Transporting explosive or hazardous materials onto the site will require
prior written approval from the Owner. The Construction Manager shall maintain and post as
necessary Material Hazard Data Sheets for all applicable Hazardous Materials used in the course
of his work.
61.2 In the event that hazardous material is improperly handled or stored by the
Construction Manager, its subcontractors, any sub-subcontractors, or any employee or agent of
any of the aforementioned which results in contamination of the site, Construction Manager shall
immediately notify the Owner and the appropriate governmental authority and shall take whatever
action is necessary or desirable to remediate the contamination at the Construction Manager's sole
cost and expense.Further, Construction Manager shall indemnify and hold harmless from any and
all cost,expense,action,or liability whatsoever resulting from such contamination and/or remedial
activities. If without negligence on the part of the Construction Manager or anyone for whom it is
responsible, Construction Manager is held liable for the cost of remediation of a hazardous material or
substance solely by reason of performing the Work as required by the Contract Documents,the Owner shall
pay for the directs costs of remediation as approved beforehand by Owner, in writing,which shall be paid
from the Contingency Fund.
GC 62 INSPECTION: REJECTION OF MATERIALS AND WORKMANSHIP
62.1 All materials and equipment furnished and work performed shall be properly
inspected by Construction Manager, at its expense, and shall at all times be subject to quality
surveillance,observations or quality audit by Owner.Construction Manager shall provide safe and
adequate facilities and all samples, drawings, lists and documents necessary for such quality
surveillance, observation or quality audit. For this purpose, Owner shall be afforded full and free
access to the shops, factories or places of business of Construction Manager and its subcontractors
and suppliers for such quality surveillance,observation or quality audit and to determine the status
of the Work. If Construction Manager covers all or any portion of the Work prior to any quality
surveillance or test by Owner, the cost of any necessary uncovering and replacing shall be borne
by Construction Manager. Neither the failure to make such quality surveillance, observance or
quality audit, nor to discover defective workmanship, materials, or equipment, nor acceptance of
or payment to Construction Manager for such work, materials or equipment shall prejudice the
rights of Owner thereafter to correct or reject the same as hereinafter provided.
Page 38 of 57
y injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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ge 16 of 57
62.2 If any material, equipment or workmanship is determined by Owner, either during
performance of the Work or on final quality surveillance,or during any applicable warranty period
(expressed or implied), to be defective or not complying with the requirements of this Contract,
Owner shall notify Construction Manager in writing that such material, equipment or work is
rejected and the Owner reserves the right to withhold payment on any such item. Thereupon,
Construction Manager shall, at its own expense, immediately remove and replace or correct such
defective material, equipment or work by making the same comply strictly with all requirements
of the Contract.
GC 63 TESTING
63.1 Unless otherwise provided in the Contract, Drawings and Specifications shop testing
of materials or work shall be performed by the Construction Manager and in accordance with the
Technical Specifications. Field testing of materials or work shall be performed by Owner. Should
tests in addition to those required by the Specifications be desired by Owner, Construction
Manager will be advised in reasonable time to permit such testing. Such additional tests will be at
Owner's expense unless such additional tests are required due to Construction Manager's work or
materials having failed any initial test. In this event, such additional (re-test) tests shall be at
Construction Manager's expense. Construction Manager shall furnish samples as requested and
shall provide reasonable assistance and cooperation as necessary to permit tests to be performed
on materials or work in place including reasonable stoppage of work during testing. Construction
Manager shall provide reasonable and accurate notice of when construction activities which
require Owner's testing services are required.Construction Manager shall be responsible for stand-
by and other costs associated with the testing agency if that construction activity is delayed or
canceled.
GC 64 PROGRESS
64.1 Construction Manager shall give Owner full information in advance as to its plans
for performing each part of the Work. If at any time during the progress of work, Construction
Manager's actual progress is inadequate to meet the requirements of the Contract, Owner may so
notify Construction Manager who shall thereupon take such steps as may be necessary to improve
its progress. If within a reasonable period as determined by Owner, Construction Manager does
not improve performance to meet the currently approved Contract construction schedule, Owner
may require an increase in Construction Manager's labor force, the number of shifts, overtime
operations, additional days of work per week and an increase in the amount of construction plant;
all without additional cost to Owner. Neither such notice by Owner nor Owner's failure to issue
such notice shall relieve Construction Manager of its obligation to achieve the quality of work and
rate of progress required by the Contract.
64.2 Failure of Construction Manager to comply with the reasonable instructions of
Owner may be grounds for determination by Owner that Construction Manager is not prosecuting
its work with such diligence as will assure completion within times specified. Upon such
determination, Owner may terminate Construction Manager's right to proceed with the
performance of the Contract, or any separable part thereof, in accordance with the applicable
provisions of this Contract.
Page 39 of 57
y audit, nor to discover defective workmanship, materials, or equipment, nor acceptance of
or payment to Construction Manager for such work, materials or equipment shall prejudice the
rights of Owner thereafter to correct or reject the same as hereinafter provided.
Page 38 of 57
y injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
Page 18 of 57
ge 16 of 57
GC 65 CHANGES
65.1 Owner may, at any time, without invalidating the Contract and without notice to
the Surety(ies),make changes in the Work by issuing Change Orders,as well as Contingency Fund
Change Orders addressed elsewhere in the Contract Documents (and which are not subject to this
GC 65 and its subparts).
65.2 Owner will issue written orders to Construction Manager for any changes, except
that in the event of an emergency which Owner determines immediately endangers life or property,
Owner may issue oral orders to Construction Manager for any work required by reason of such
emergency. Such orders will be confirmed in writing as soon as practicable. Such orders,whether
written or oral, may be accompanied by drawings and data as are necessary to show the extent of
such ordered work.
653 Construction Manager shall commence such changed work so that all dates set forth
in Construction Manager's current construction schedule, as accepted by Owner, will be met. In
the event of an emergency which Owner determines immediately endangers life or property,
Construction Manager shall immediately commence such changes as required by Owner in order
to mitigate or remove the emergency condition. Failure to commence any such change in timely
fashion shall entitle Owner to invoke the provisions of section GC 25 entitled TERMINATION
FOR DEFAULT.
65.4 Unless otherwise required, Construction Manager shall, within twenty-one (21)
calendar days following receipt of a written Change request from Owner, submit in writing to
Owner a Contract Change Proposal for accomplishing such change, which proposal shall reflect
the increase or decrease, if any, in cost to Owner of performing the change under the Contract in
comparison to what the cost would have been, had such change not been offered.
65.5. The proposal shall state the Construction Manager's added and/or deleted
compensation in detail, including, but not limited to:
A. Material quantities and unit prices;
B. Labor man-hours and wages by craft;
C. Equipment type and size and rental rate;
D. Overhead, profit, and bond allowance of 5% for those portions
subcontracted, and 15%of those portions that are self-performed by the Construction Manager;
E. Subcontract costs with back-up detail as specified(in items a),b), c), and a
markup for Subcontractor overhead and profit not to exceed 10% in the aggregate;
F. Time extension, if any;
G. A detailed description of any impacts this change will have on any activities
on the Critical Path which would affect any of the Milestone Dates;
H. Proof of payment of any tax liability resulting from a specific change (if
requested by Owner);
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wner's failure to issue
such notice shall relieve Construction Manager of its obligation to achieve the quality of work and
rate of progress required by the Contract.
64.2 Failure of Construction Manager to comply with the reasonable instructions of
Owner may be grounds for determination by Owner that Construction Manager is not prosecuting
its work with such diligence as will assure completion within times specified. Upon such
determination, Owner may terminate Construction Manager's right to proceed with the
performance of the Contract, or any separable part thereof, in accordance with the applicable
provisions of this Contract.
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y audit, nor to discover defective workmanship, materials, or equipment, nor acceptance of
or payment to Construction Manager for such work, materials or equipment shall prejudice the
rights of Owner thereafter to correct or reject the same as hereinafter provided.
Page 38 of 57
y injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
Page 18 of 57
ge 16 of 57
I. General Condition costs: provided however, that said costs shall be
compensable only in the event that the Change Order results in an extension in excess of thirty
(30)calendar days of the Substantial Completion Date,as extended by Change Orders,if any,and
at a daily rate that shall be extrapolated from the amount of the General Conditions items
specifically applicable to the Change Order.
65.6 The Parties may agree, if justified in accordance with GC 27, to an extension of
time in connection with any changes to the Work. Any
time extension request submitted after the twenty-one (21) calendar day time period noted above,
will not be considered and deemed waived by the Construction Manager.
65.7 If Construction Manager does not propose the method of compensation for such
change, or any part thereof, within the time required, or if any proposed method is not acceptable
to Owner, or if a method of compensation for such change, or any part thereof cannot be agreed
upon,Construction Manager shall proceed upon direction("Construction Change Directive")with
such change.
65.8 A Construction Change Directive (CCD) is a written order prepared by the
Architect of Record and signed by the Owner, directing a change in the Work and stating a
proposed basis for adjustment, if any, in the Contract Sum or Contract Time,or both.A CCD may
be used in the absence of total agreement on the terms of Change Order or to complete work which,
if not accomplished, could adversely affect a critical path activity. Upon receipt of the CCD, the
Construction Manager shall promptly proceed with the change in the Work involved and advise
the Architect of Record of the Construction Manager's agreement or disagreement with the method,
if any, provided in the CCD for determining the proposed adjustment in the Contract Sum or
Contract Time.When the Owner and Construction Manager agree with the determination made by
the Architect of Record concerning the adjustments in the Contract Sum and/or Time,or otherwise
reach agreement upon the adjustments, such agreement shall be recorded by the preparation of a
Change Order. The Construction Manager shall not seek payment for work performed pursuant to
a CCD until it has been converted to a Change Order.
65.8.1 If, at any time after Construction Manager commences such change, and a
method of compensation other than verifiable cost of the changed Work plus the markups allowed
in GC 65.5 is agreed upon, such compensation will be made in accordance with such agreement.
In any event, Construction Manager shall keep accurate records of the actual cost to Construction
Manager for such change. Costs for which Construction Manager shall be entitled to
compensation on a cost of the changed Work plus markup basis as described above,are as follows:
1. Direct Labor Cost - Payment will be made for all manual
classifications up to and including foremen, but shall not include superintendents, assistant
superintendents, general foremen, office personnel,timekeepers and maintenance mechanics, and
those personnel categorized in the Lump Sum. The time charged to changes will be subject to the
daily approval of Owner, and no charges shall be accepted unless evidence of such approval is
submitted by Construction Manager with its billing.
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performance of the Contract, or any separable part thereof, in accordance with the applicable
provisions of this Contract.
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y audit, nor to discover defective workmanship, materials, or equipment, nor acceptance of
or payment to Construction Manager for such work, materials or equipment shall prejudice the
rights of Owner thereafter to correct or reject the same as hereinafter provided.
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y injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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ge 16 of 57
Labor rates used to calculate the direct labor costs shall be those rates in
effect during the accomplishment of the change, excluding those employees catalogued above In
addition to the direct payroll costs,the direct labor costs shall include payroll taxes and insurance,
vacation allowance,subsistence,travel time and overtime premium and any other payroll additives
required to be paid by Construction Manager by law or collective bargaining agreements,
excluding those employees catalogued I (a) above. Copies of certified pertinent payrolls shall be
submitted to Owner.
2. Equipment Costs - Payment for the rental and operation of the
equipment furnished and used by Construction Manager shall be made for all construction and
automotive equipment or tools with a new cost at point of origin of one thousand dollars or less
each. Equipment time charged to changes will be subject to daily written approval of Owner and
no charges will be accepted unless evidence of such approval is submitted with Construction
Manager's billing.
The equipment rental and operation rates include costs for rental, fuel, oil,
grease,repair parts, service and maintenance of any kind,and necessary attachments. Such charges
do not include costs for operating labor and transportation to and from the location of the change.
Equipment rental rates for Construction Manager-owned equipment used in this Contract shall be
those contained in the RENTAL RATE BLUE BOOK as published by K-III Directory
Corporation, 1735 Technology Drive, Suite 410, San Jose, California 95110-1313, (800-669-
3282) and current at the time that work for any specific Change is performed, less 30%. When
equipment is used for cost of the work changes which do not reasonably resemble adjusted Blue
Book rental rates,the rental rate shall be negotiated and agreed upon in writing.
If Construction Manager-owned equipment is not available and equipment
is rented from outside sources,payment will be computed on the basis of actual invoice cost.Rental
rates for non-owned equipment must be approved in advance by Owner.
When the operated use of equipment is infrequent and, as determined by
Owner, such equipment need not remain at the site of the Work continuously, payment shall be
limited to actual hours of use. Equipment not operating but retained at the location of changes at
Owner's direction shall be paid for at a standby rate.
Unless otherwise provided in the Contract, all equipment rental rates shall
be agreed upon in writing before commencing any change. When a specific piece of rental
equipment, normally used to perform unchanged Contract Work is used for cost of the Work
Changes,the applicable rental rate shall be the actual rate paid by the Construction Manager at the
time the Work is performed.
Transportation costs for bringing equipment to the jobsite and for returning
equipment to the point of origin, exclusively for use on time and material work,will be reimbursed
to Construction Manager based on invoices, provided that prior written approval has been given
to Construction Manager.
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charges shall be accepted unless evidence of such approval is
submitted by Construction Manager with its billing.
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performance of the Contract, or any separable part thereof, in accordance with the applicable
provisions of this Contract.
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y audit, nor to discover defective workmanship, materials, or equipment, nor acceptance of
or payment to Construction Manager for such work, materials or equipment shall prejudice the
rights of Owner thereafter to correct or reject the same as hereinafter provided.
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y injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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ge 16 of 57
Overtime shall be paid as per Method 2 described in said RENTAL RATE
BLUE BOOK.
No compensation will be made to the Construction Manager for equipment
repair, equipment maintenance or idle equipment time.
3. Material Costs - Payment for the cost of materials furnished by
Construction Manager for use in performing the change will be made, provided such furnishing
and use of materials was as specifically authorized and the actual use was verified by Owner.
Payment will be the net cost to Construction Manager delivered at the job and vendor's invoice
shall accompany the billing along with the verification by Owner of such use of such materials.
4. Contract and Outside Service Costs - Payment for work and services
subcontracted by Construction Manager in the performance or completion of the change will be
made only when both the subcontractor and the terms of payment to such subcontractor have been
approved in writing by Owner before the subcontractor starts to work on the change.
5. Tools and Equipment - Payment will be made for tools and equipment
with a new cost of One Thousand Dollars, or less, each, only upon approval by the Owner.
65.9 For any changes involving deductive items,the following shall apply to the amount
of allowable overhead,profit and bond allowance:
A. For deductive changes only (those which contain no additive items), there
will be no reduction in overhead and profit and, likewise,no addition by the Construction Manager
for processing.
B. For changes containing both additions and deductions covering related
work or substitutions, the overhead and profit shall be figured on the net increase if any, with
respect to that change,plus nine(9)percent thereof covering overhead,profit,and bond allowance.
65.10 No change order or CCD shall be valid until approved and signed by the Owner.
The Architect of Record is not authorized to bind the Owner to changes relative to changes in
Contract cost and or time. The Architect/Engineer may only recommend acceptance or rejection.
If a proposed change is deemed beneficial to the Project and is within the limits set forth in the
Contract, the Owner may cause to be issued an appropriate change order to the Contract with or
without the Construction Manager's signature.
65.11 The Architect of Record will have the authority to order minor changes in the Work
which do not involve adjustment to the GMP or Time and are not inconsistent with the intent of
the Contract Documents. Such changes shall be effected by written order and shall be binding on
the Owner and Construction Manager. The Construction Manager shall carry out such written
orders promptly, and the Construction Manager shall receive no additional compensation
therefore, nor shall there be any change in the Contract Time. The Architect shall immediately
provide notices of all minor changes in the Work to the Owner.
65.12 Execution of a change order acknowledges final settlement of, and releases, all
claims for costs and time associated, directly or indirectly, with the stated modification(s),
including all claims for cumulative delays or disruptions resulting from, caused by, or incident to
Page 43 of 57
ch approval is
submitted by Construction Manager with its billing.
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performance of the Contract, or any separable part thereof, in accordance with the applicable
provisions of this Contract.
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y audit, nor to discover defective workmanship, materials, or equipment, nor acceptance of
or payment to Construction Manager for such work, materials or equipment shall prejudice the
rights of Owner thereafter to correct or reject the same as hereinafter provided.
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y injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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ge 16 of 57
such modification(s),and including any claim that the modification(s)constitutes,in whole or part,
a cardinal change to the Contract.
GC 66 RECORD DRAWINGS AND SPECIFICATIONS
A. Drawings:
1. Conformed Documents - Prior to the first application for payment,
Construction Manager shall show proof of conformed documents with all Bid addenda identified
on the record drawings and on his field set of drawings. Supplemental information following the
bid shall be included and updated monthly for review with the application for payment.
2 Progress Records - During construction, Construction Manager shall keep
a marked-up and up-to-date set of drawings showing as-built conditions on the site as an accurate
record of all deviations between work as shown and work as installed. These drawings shall be
available to Owner for inspection at any time.
3. Final Records - The Construction Manager shall furnish to Owner a
complete set of marked-up as-builts with RECORD clearly printed on each sheet. Owner, at its
expense,will furnish Construction Manager with drawings for mark-up by Construction Manager.
Construction Manager shall, by use of professional draftsman, accurately and neatly transfer all
deviations from progress as-builts to final as-builts.
B. Specifications:
1. Progress Records - During construction, Construction Manager shall keep
a marked-up and up-to-date set of Specifications showing as-is conditions on the site annotatedto
clearly indicate all substitutions that are incorporated into the Work.Where selection of more than
one product is specified, annotation shall show which product was installed. These Specifications
shall be available to Owner for inspection at any time.
2 Final Records - The Construction Manager shall furnish to Owner a
complete set of marked up as built Specifications with RECORD clearly printed on cover. Owner
at its expense, will furnish Construction Manager a set of Specification for mark-up by
Construction manager. Construction Manager shall accurately and neatly transfer all annotations
from progress as-builts to final as-builts
C. Manuals:
1. Manuals - As a condition precedent to Substantial Completion, the
Construction Manager shall furnish to Owner three complete sets of manuals and applicable
operating instructions as referenced in Technical Specifications.
2 Unless otherwise specified, manuals to be bound in 3-ring binder with
contents clearly indicated on outside cover.
D. Endorsement:
1. Construction Manager shall sign each final record drawing and the cover of
the record Specifications and shall note thereon that deviations and annotations are complete and
accurate.
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be any change in the Contract Time. The Architect shall immediately
provide notices of all minor changes in the Work to the Owner.
65.12 Execution of a change order acknowledges final settlement of, and releases, all
claims for costs and time associated, directly or indirectly, with the stated modification(s),
including all claims for cumulative delays or disruptions resulting from, caused by, or incident to
Page 43 of 57
ch approval is
submitted by Construction Manager with its billing.
Page 41 of 57
performance of the Contract, or any separable part thereof, in accordance with the applicable
provisions of this Contract.
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y audit, nor to discover defective workmanship, materials, or equipment, nor acceptance of
or payment to Construction Manager for such work, materials or equipment shall prejudice the
rights of Owner thereafter to correct or reject the same as hereinafter provided.
Page 38 of 57
y injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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ge 16 of 57
2 The Construction Manager shall provide a signed and notarized affidavit
indicating that no asbestos containing materials were used or installed during the course of
construction as a condition precedent to Final Acceptance.
E. Fixed Asset Equipment and Fixture Information:
1. Construction Manager shall provide the Owner with a list (in electronic
format and hard copy)of each piece of equipment having an individual value greater than$500.00
prior to Final Acceptance. The list shall include, at a minimum; a) the name, make and model
number, b)the quantity installed, and 3)the value of the equipment.
GC 67 MEASUREMENT OF AND PAYMENT FOR WORK
67.1 Estimates and all support data shall be prepared by Construction Manager and
submitted in writing for Owner's approval on or about the end of each month covering the amount
and value of work satisfactorily performed by Construction Manager up to the date of such
estimate. Such estimates shall be based on the construction schedule completed activity cost, as
approved, and may be confirmed by actual measurement of the Work in place. Estimates shall be
based on cumulative total quantities of work performed. Estimates may include materials or
equipment not incorporated into the Work provided the requirements set forth below are met. A
format for such estimates shall be determined by the Owner according to type of Contract Work
and shall be agreed upon prior to, or no later than, application for the first progress payment.
The quantity of work to be paid for under any item for which a unit price is fixed in the
Contract shall be the amount or number, approved by Owner, of units of work satisfactorily
completed with the Contract and computed in accordance with applicable measurement for
payment provisions of the Contract.
67.2 Partial payments may be made to the extent of the delivered cost of materials to be
incorporated in the Work, provided such materials meet the requirements of this Contract, plans,
and Specifications and are delivered to acceptable locations at the Project Site or to other sites in
Broward County that are acceptable to the Owner (bonded warehouse). Such material must be
stored in a secure manner, acceptable to the Owner, and in accordance with any manufacturer's
recommendations.
67.3 Delivered cost of such stored or stockpiled materials may be included in any
subsequent payment request once the Construction Manager meets the following conditions:
A. An applicable purchase order or supplier's invoice is provided listing the
materials in detail, cost of materials and identifying this specific Contract, by name.
B. The material is insured against loss or damage (from whatever source) or
disappearance prior to incorporation into the Work.
C. Once any stored material is paid for by Owner, it shall not be removed from the
designated storage area except for incorporation into the Work.
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order acknowledges final settlement of, and releases, all
claims for costs and time associated, directly or indirectly, with the stated modification(s),
including all claims for cumulative delays or disruptions resulting from, caused by, or incident to
Page 43 of 57
ch approval is
submitted by Construction Manager with its billing.
Page 41 of 57
performance of the Contract, or any separable part thereof, in accordance with the applicable
provisions of this Contract.
Page 39 of 57
y audit, nor to discover defective workmanship, materials, or equipment, nor acceptance of
or payment to Construction Manager for such work, materials or equipment shall prejudice the
rights of Owner thereafter to correct or reject the same as hereinafter provided.
Page 38 of 57
y injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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ge 16 of 57
D. Evidence that Construction Manager has verified quantity and quality of
materials delivered(verified packing list).
67.4 It is further agreed between the parties that the transfer of title and the Owner's
payment for any stored or stockpiled materials pursuant to this General Condition shall in no way
relieve the Construction Manager of the responsibility of ensuring the correctness of those
materials and for furnishing and placing such materials in accordance with the requirements of this
Contract, plans and Specifications. Construction Manager shall make all surveys necessary for
determining all quantities of work to be paid for under the Contract. Copies of field notes,
computations, and other records made by Construction Manager for the purpose of determining
quantities shall be furnished to Owner upon request. Construction Manager shall notify Owner
prior to the time such surveys are made. Owner, at its discretion, may arrange to have its
representative witness and verify all surveys made by Construction Manager for determining
quantities of work to be paid for under the Contract. Measurements and computations shall be
made by such methods as Owner may consider appropriate for the class of work measured.
67.5 The dividing limits,lines or planes between adjacent items or classes of excavation,
concrete, or other types of work where not definitely indicated on the drawings or in the
Specifications, shall be determined by Owner.
67.6 No payments of invoices (or portions thereof) shall at any time constitute approval
or acceptance of the Work under this Contract, nor be a waiver by Owner of any of the terms
contained herein.
GC 68 PROGRESS PAYMENT PROCEDURES
68.1 The Construction Manager shall prepare a schedule of values by phases of workto
show a breakdown of the Contract Sum corresponding to the payment request breakdown and
progress schedule line items. The schedule of values must also show dollar value for each unit of
work scheduled. Change Orders shall be added as separate line items. The schedule of values shall
be submitted to the Owner and Architect of Record for review and approval prior to
"Commencement of Work."
68.2 The Construction Manager will prepare and submit three (3) original copies of
monthly invoices for work completed during the one month period. Pay Applications shall be
submitted in the format of the sample form given to the Construction Manager at the Pre-
Construction meeting. All information must be completed for the pay application to be accepted.
Owner's account number(s) for the Project will be given at the Pre-Construction meeting and will
be placed at the top right hand corner of each application. These payment applications will be
reviewed by all parties in attendance at the monthly pay application meetings. Prior to formal
submission of the Application the Construction Manager shall submit a rough draft plus two extra
copies for the Owner and Architect of Record to review. Submit final approved copies (3)to: the
Architect of Record, whose approval is required prior to submission to the Owner.
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rom, caused by, or incident to
Page 43 of 57
ch approval is
submitted by Construction Manager with its billing.
Page 41 of 57
performance of the Contract, or any separable part thereof, in accordance with the applicable
provisions of this Contract.
Page 39 of 57
y audit, nor to discover defective workmanship, materials, or equipment, nor acceptance of
or payment to Construction Manager for such work, materials or equipment shall prejudice the
rights of Owner thereafter to correct or reject the same as hereinafter provided.
Page 38 of 57
y injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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ge 16 of 57
68.3 If the pay estimate and support data are not approved, the Construction Manager is
required to submit new, revised or missing information according to the Owner's instructions.
Otherwise,the Construction Manager shall prepare and submit to Owner an invoice in accordance
with the estimate as approved. Owner will pay Construction Manager, in accordance with Florida
Prompt Payment Act(FS 218.70 as amended). Retainage, in the amount of 10%,will be withheld
on the calculated value of any work,with the exception of stored materials which may be paid at
the supplier's invoiced cost.After 50%completion of the Work has been achieved,the Owner may,
at its sole discretion and with consent of Surety, implement a reduction in retainage. However, in
no instance can the amount retained be less than the value of the Work the Owner determines
remains to be put in place or required to be performed as remedial activities.
68.4 Each application for payment shall be accompanied by the following:
A. A notarized "Affidavit of Disbursement of Previous Periodic Payments to
subcontractors" from the Construction Manager for the portion of work up to the date of that
particular pay application.
B. An Owner approved construction schedule update.
68.5 If one or more "Notice of Non-Payment" is received by the Owner, no further
payments will be approved until non-payment(s)have been satisfied and a "Release of Claim"for
each"Notice"has been submitted to the Owner.Upon request, Construction Manager shall furnish
acceptable evidence that all such claims or liens have been satisfied. On bonded projects only,the
Owner may allow, with consent of Surety and indemnification of the County against any claims,
payment for work which there is an outstanding Notice of Non-Payment.
68.6 Any amount otherwise payable under the Contract may be withheld, in whole or in
part, if:
A. Any claims are filed against Construction Manager by Owner or third
parties; or if reasonable evidence indicates the probability of filing any such claim;or'
B. Construction Manager is in default of any Contract condition; or
C. There is reasonable evidence that the Work cannot be completed for the
unpaid balance of the Contract Sum
D. Damage to the Owner or a separate contractor;
E. Reasonable evidence that the Work will not be completed within the
Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated
damages for the anticipated delay
F. Defective work or material is not remedied;or
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ber(s) for the Project will be given at the Pre-Construction meeting and will
be placed at the top right hand corner of each application. These payment applications will be
reviewed by all parties in attendance at the monthly pay application meetings. Prior to formal
submission of the Application the Construction Manager shall submit a rough draft plus two extra
copies for the Owner and Architect of Record to review. Submit final approved copies (3)to: the
Architect of Record, whose approval is required prior to submission to the Owner.
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rom, caused by, or incident to
Page 43 of 57
ch approval is
submitted by Construction Manager with its billing.
Page 41 of 57
performance of the Contract, or any separable part thereof, in accordance with the applicable
provisions of this Contract.
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y audit, nor to discover defective workmanship, materials, or equipment, nor acceptance of
or payment to Construction Manager for such work, materials or equipment shall prejudice the
rights of Owner thereafter to correct or reject the same as hereinafter provided.
Page 38 of 57
y injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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ge 16 of 57
G. Construction Manager repeatedly fails to carry out the Work in accordance
with the Contract Documents; or
H. Construction Manager fails to timely submit an owner-approved updated
Schedule with each Application for Payment.
68.7 If claims or liens filed against Construction Manager or property of Owner
connected with performance under this Contract are not promptly removed by Construction
Manager after receipt of written notice from Owner to do so, Owner may remove such claims or
liens and all costs in connection with such removal shall be deducted from withheld payments or
other monies due, or which may become due, to Construction Manager. Construction Manager
shall have no less than thirty (30)calendar days to remove or bond off such lien after notice. If the
amount of such withheld payments or other monies due Construction Manager under the Contract
is insufficient to meet such cost,or if any claim or lien against Construction Manager is discharged
by Owner after final payment is made, Construction Manager and its surety or sureties shall
promptly pay Owner all costs (including attorneys' fees)incurred thereby regardless of when such
claim or lien arose.
68.8 Following issuance, by the Architect of Record, of a Certificate of Substantial
Completion, Construction Manager may submit special payment request, provided the following
have been completed:
A. Obtain permits, certificates of inspection and other approvals and releases
by governing authorities,required for the Owner's occupancy and use of the Project.
B. Complete final cleaning of the Work.
C. Submit record documents (record drawings).
D. Submit listing of work to be completed before final acceptance.
E. Settle liens and other claims.
F. Obtain Consent of Surety for partial release of retainage.
G. Settle Liquidated Damages due to Owner, if any.
68.9 Upon receipt by Owner of Construction Manager's written Notice of Final
Completion of its work under this Contract, in accordance with GC 72,Owner shall verify all work
has been completed on the Project. When all work has been verified as complete, and the
Construction Manager completes and submits the items listed below, the Construction Manager
may submit a final invoice.
A. Complete work listed as incomplete at the time of Substantial Completion
and obtain Architect/Engineer certification of completed Work.
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elay
F. Defective work or material is not remedied;or
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ber(s) for the Project will be given at the Pre-Construction meeting and will
be placed at the top right hand corner of each application. These payment applications will be
reviewed by all parties in attendance at the monthly pay application meetings. Prior to formal
submission of the Application the Construction Manager shall submit a rough draft plus two extra
copies for the Owner and Architect of Record to review. Submit final approved copies (3)to: the
Architect of Record, whose approval is required prior to submission to the Owner.
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rom, caused by, or incident to
Page 43 of 57
ch approval is
submitted by Construction Manager with its billing.
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performance of the Contract, or any separable part thereof, in accordance with the applicable
provisions of this Contract.
Page 39 of 57
y audit, nor to discover defective workmanship, materials, or equipment, nor acceptance of
or payment to Construction Manager for such work, materials or equipment shall prejudice the
rights of Owner thereafter to correct or reject the same as hereinafter provided.
Page 38 of 57
y injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
Page 18 of 57
ge 16 of 57
B. Submit proof of payment on fees,taxes or similar obligations.
C. Transfer operational, access, security and similar provisions to Owner;
remove temporary facilities,tools and similar items.
D. Obtain Consent of Surety for final payment and/or partial release of
retainage.
E. All information required by GC 66.
F. Obtain certification of as-built(record)drawings from Architect of Record.
GC 69 USE OF COMPLETED PORTIONS OF WORK
69.1 Whenever, as determined by Owner, any portion of work performed by
Construction Manager is in a condition suitable for use, Owner may initiate certificate of
Substantial Completion (Partial Utilization) for that portion and take possession of or use such
portion. Such use by Owner shall in no case be construed as constituting final acceptance,and shall
neither relieve Construction Manager of any of its responsibilities under the Contract, nor act as a
Waiver by Owner of any of the conditions thereof,provided,that Construction Manager shall not
be liable for the cost of repairs, rework, or renewals which may be required due to ordinary wear
and tear resulting from such use. However, if such use increases the cost or delays the completion
of remaining portions of work, Construction Manager shall be entitled to an equitable adjustment
in its compensation and/or schedule under this Contract.
69.2 If, as a result of Construction Manager's failure to comply with the provisions of
the Contract, such use proves to be unsatisfactory to Owner,Owner shall have the right to continue
such use until such portion of work can, without injury to Owner, be taken out of service for
correction of defects, errors, omissions, or replacement of unsatisfactory materials or equipment,
as necessary for such work to comply with the Contract;provided that the period of such operation
or use pending completion of appropriate remedial action shall not exceed twelve months unless
otherwise mutually agreed upon in writing between the parties.
69.3 Construction Manager shall not use any permanently installed equipment unless
such use is approved by Owner in writing. Where Construction Manager's written request is
granted for the use of certain equipment, Construction Manager shall properly use and maintain,
and upon completion of its use, and at its expense, recondition such equipment to the satisfaction
of Owner. If Owner furnishes an operator for such equipment, such operator's services shall be
performed under the complete direction and control of Construction Manager and shall be
considered Construction Manager's employee for all purposes other than the payment of such
operator's wages, workmen's compensation or other benefits paid directly or indirectly by Owner.
GC 70 ALLOWANCES AND UNIT PRICES
70.1 Construction Manager has included in the GMP all unit prices and allowances.
Items covered by unit prices shall be supplied for such amounts as the Owner may direct.
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eview. Submit final approved copies (3)to: the
Architect of Record, whose approval is required prior to submission to the Owner.
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rom, caused by, or incident to
Page 43 of 57
ch approval is
submitted by Construction Manager with its billing.
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performance of the Contract, or any separable part thereof, in accordance with the applicable
provisions of this Contract.
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y audit, nor to discover defective workmanship, materials, or equipment, nor acceptance of
or payment to Construction Manager for such work, materials or equipment shall prejudice the
rights of Owner thereafter to correct or reject the same as hereinafter provided.
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y injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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ge 16 of 57
70.2 Unit prices shall apply to revisions to the Work as applicable. Unit Prices are "all
inclusive," including labor, material, supervision, tools, equipment, insurance taxes, fringe
benefits, coordination, engineering, overhead, profit, performance and payment bonds, and all
other things necessary.
GC 71 SUBSTANTIAL COMPLETION
71.1 The date of Substantial Completion is the date established by the Architect and
approved by the Owner when the Project is sufficiently complete to permit the Owner to use it for
its intended purpose and the items listed below in 71.4 are complete. Liquidated damages shall be
assessed from the date of substantial completion of the entire Project.
71.2 The Construction Manager shall notify the Architect in writing when the
Construction Manager considers the Project Substantially Complete and attach a comprehensive
list of incomplete work and items needing correction with dates indicating when the items listed
will be completed.
71.3 Once the Architect has received notice from the Construction Manager, the
Architect will promptly inspect the Work. The Architect may refuse to inspect the Work if the
Work is obviously not substantially complete or when the Construction Manager's list is not
complete.
71.4 The following items shall be completed prior to a request by the Construction
Manager for inspection for Substantial Completion of a particular phase of the Project
A. Temporary Certificate(s) of Completion shall be obtained from the proper
Building Official.
B. All general construction completed.
C. All electrical work complete, equipment and fixtures in place, connected,
cleaned and ready for use.
D. All electrical circuits shall be scheduled in panels, and all panels and
disconnect switches properly labeled.
E. Project site shall be cleared of the Construction Manager's excess
equipment, storage shacks, trailers, and/or building supplies. All temporary construction shall be
removed.
F. All electrical systems shall be complete, fully functional, and demonstrated
to the Owner.
G. All operations and maintenance manuals for all equipment shall have been
submitted.
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ain,
and upon completion of its use, and at its expense, recondition such equipment to the satisfaction
of Owner. If Owner furnishes an operator for such equipment, such operator's services shall be
performed under the complete direction and control of Construction Manager and shall be
considered Construction Manager's employee for all purposes other than the payment of such
operator's wages, workmen's compensation or other benefits paid directly or indirectly by Owner.
GC 70 ALLOWANCES AND UNIT PRICES
70.1 Construction Manager has included in the GMP all unit prices and allowances.
Items covered by unit prices shall be supplied for such amounts as the Owner may direct.
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eview. Submit final approved copies (3)to: the
Architect of Record, whose approval is required prior to submission to the Owner.
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rom, caused by, or incident to
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ch approval is
submitted by Construction Manager with its billing.
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performance of the Contract, or any separable part thereof, in accordance with the applicable
provisions of this Contract.
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y audit, nor to discover defective workmanship, materials, or equipment, nor acceptance of
or payment to Construction Manager for such work, materials or equipment shall prejudice the
rights of Owner thereafter to correct or reject the same as hereinafter provided.
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y injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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H. Manufacturers' certifications and warranties shall be delivered to Owner.
I. All operations and maintenance training related literature, software and
back-up disks shall have been provided. A video tape of the training shall be provided.
J. All required spare parts as well as any special tools shall have been
provided.
K. The Project record Drawings and Specifications shall be submitted in
accordance with GC 66.
71.5 If Substantial Completion is not obtained at the inspection, called by the
Construction Manager, for reasons which are the fault of the Construction Manager, the cost of
any subsequent inspections requested by the Construction Manager for the purpose of determining
Substantial Completion shall be the responsibility of the Construction Manager and shall be
assessed against the final payment application.
71.6 Punch list items recorded as a result of inspections for Substantial Completion are
to be corrected by the Construction Manager within fourteen (14) calendar days and in any event
prior to any request for Final Inspection and Acceptance.
GC 72 FINAL INSPECTION AND ACCEPTANCE
72.1 When the Construction Manager considers that all work under the Contract is
complete as previously referenced in GC 71, Construction Manager shall so inform Owner and
Architect in writing. In addition, when items on the punch list as recorded at the Substantial
Completion inspection have been corrected and the Owner is satisfied that all work under the
Contract is completed and is in accordance with the requirements of this Contract, Owner shall
notify Construction Manager in writing of final acceptance of its work under this Contract.
72.2 The Owner will make final payment to the Construction Manager of the amount
remaining after deducting all prior payments and all amounts to be kept or retained under the
provisions of the Contact Documents, including the following items, for which a Change Order
will be issued:
A. Liquidated Damages, as applicable.
B. At the discretion of the Owner,one hundred and fifty percent(150%)of the
value of outstanding items, corrective Work, or "punch list" items indicated on the Certificate of
Substantial Completion, "final punch list," or any other "punch list" as being yet uncompleted or
uncorrected,as applicable.All such Work shall be completed or corrected to the satisfaction of the
Owner within the time stated on the Certificate of Substantial Completion, or on the "final punch
list," or any other "punch list," otherwise the Construction Manager does hereby waive any and all
claims to all monies withheld by the Owner to cover the value of all such uncompleted or
uncorrected items.
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tly or indirectly by Owner.
GC 70 ALLOWANCES AND UNIT PRICES
70.1 Construction Manager has included in the GMP all unit prices and allowances.
Items covered by unit prices shall be supplied for such amounts as the Owner may direct.
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eview. Submit final approved copies (3)to: the
Architect of Record, whose approval is required prior to submission to the Owner.
Page 46 of 57
rom, caused by, or incident to
Page 43 of 57
ch approval is
submitted by Construction Manager with its billing.
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performance of the Contract, or any separable part thereof, in accordance with the applicable
provisions of this Contract.
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y audit, nor to discover defective workmanship, materials, or equipment, nor acceptance of
or payment to Construction Manager for such work, materials or equipment shall prejudice the
rights of Owner thereafter to correct or reject the same as hereinafter provided.
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y injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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72.3 Neither final acceptance of the Work, nor payment therefor, nor any provision of
the Contract Documents shall relieve the Construction Manager of responsibility for defective or
deficient materials or work. If, within one (1) year or as provided for elsewhere in the General
Conditions or Technical Specifications after Substantial Completion, any of the Work is found to
be defective, deficient or not in accordance with the Contract Documents, the Construction
Manager shall correct, remove and replace it promptly after receipt of a written notice from the
Owner and correct and pay for any damage to other Work resulting in therefrom.
GC 73 DISPOSAL OF MATERIAL OUTSIDE PROJECT LIMITS
73.1 The Construction Manager shall make his own arrangements for disposal of
materials outside the Project limits and shall pay all costs involved. The Owner reserves the right
to retain any salvage material or equipment scheduled for removal. Should the Owner elect to
retain salvaged materials or equipment,the Construction Manager will provide appropriate on-site
storage and protection. The Owner will be responsible for transporting from the site any materials
or equipment it has elected to retain.Off-site disposal of any items not retained by the Owner shall
be the responsibility of the Construction Manager.
73.2 When any material is to be disposed of outside the Project limits,the Construction
Manager shall first obtain a written permit from the property owner on whose property the disposal
is to be made and he shall file in writing with the Owner said permit or the certified copy thereof
together with a written release from the property owner absolving the agency of any and all
responsibility in connection with the disposal of material on said property.
73.3 When material is disposed of as above provided and the disposal location is visible
from the Project, the Construction Manager shall dispose of the material in a neat and uniform
manner to the satisfaction of the Owner.
GC 74 IDENTITY OF INTEREST WITH SUBCONTRACTORS/SUPPLIERS
74.1 The Construction Manager represents to the Owner that neither the Construction
Manager,nor any officer, director,partner or shareholder who holds ten percent(10%)or more of
the outstanding stock of the Construction Manager, has any financial interest in, or as an officer,
director,partner or ten percent(10%)plus shareholder of any firm,person or entity which has been
or may be contracted with to furnish labor, material, equipment or professional services in
connection with the construction or the Project. Construction Manager agrees to give written
notification and obtain the approval of the Owner before entering into any Contract on this Project
with any subcontractor or material supplier where there exists any identity of interest.
GC 75 CLEANING UP
75.1 Construction Manager shall, at all times, at its expense,keep its work areas in a neat,
clean and safe condition.Upon completion of any portion of the Work,Construction Manager
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he
Architect of Record, whose approval is required prior to submission to the Owner.
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rom, caused by, or incident to
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ch approval is
submitted by Construction Manager with its billing.
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performance of the Contract, or any separable part thereof, in accordance with the applicable
provisions of this Contract.
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y audit, nor to discover defective workmanship, materials, or equipment, nor acceptance of
or payment to Construction Manager for such work, materials or equipment shall prejudice the
rights of Owner thereafter to correct or reject the same as hereinafter provided.
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y injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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shall, within 48 hours, remove all of its equipment, construction plant,temporary structures and
surplus materials not to be used at or near the same location during later stages of work.
GC 76 PROJECT SIGNS
76.1 Construction Manager shall construct a Project job sign as indicated and described
on Site Sign Detail. Construction Manager shall coordinate location of sign with Owner's
representative and install within 21 days after Owner's issuance of"Notice to Proceed." Any
deletion/addition of lettering during the life of the Project will be at the Construction Manager's
expense. Construction Manager will remove and properly dispose of sign at final acceptance of
project. With the exception of the right reserved by the Owner to erect a sign in connection with
the Project and unless otherwise provided in the Contract Documents, Construction Manager
shall not display or permit to be displayed on or about the Project, any sign, trademark, poster
or other advertising or identifying device, without prior written approval of Owner.
GC 77 PERFORMANCE AND PAYMENT BONDS/CHAPTER 558 OPT OUT
77.1 Within ten (10) calendar days following the Owner's action to approve this
Contract, Construction Manager shall furnish Performance and Payment Bonds in form as set
forth in Exhibit "D", written by a surety company acceptable to Owner. It is the Construction
Manager's obligation to record a copy of the statutory Payment Bond in the Public Records of
Broward County, Florida, and to otherwise comply with all applicable Florida laws.
77.2 As and to the extent that Chapter 558, F.S. is applicable to this Contract, both
Owner and Construction Manager hereby expressly opt out, and elect not to be governed by its
terms and provisions.
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ll
responsibility in connection with the disposal of material on said property.
73.3 When material is disposed of as above provided and the disposal location is visible
from the Project, the Construction Manager shall dispose of the material in a neat and uniform
manner to the satisfaction of the Owner.
GC 74 IDENTITY OF INTEREST WITH SUBCONTRACTORS/SUPPLIERS
74.1 The Construction Manager represents to the Owner that neither the Construction
Manager,nor any officer, director,partner or shareholder who holds ten percent(10%)or more of
the outstanding stock of the Construction Manager, has any financial interest in, or as an officer,
director,partner or ten percent(10%)plus shareholder of any firm,person or entity which has been
or may be contracted with to furnish labor, material, equipment or professional services in
connection with the construction or the Project. Construction Manager agrees to give written
notification and obtain the approval of the Owner before entering into any Contract on this Project
with any subcontractor or material supplier where there exists any identity of interest.
GC 75 CLEANING UP
75.1 Construction Manager shall, at all times, at its expense,keep its work areas in a neat,
clean and safe condition.Upon completion of any portion of the Work,Construction Manager
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he
Architect of Record, whose approval is required prior to submission to the Owner.
Page 46 of 57
rom, caused by, or incident to
Page 43 of 57
ch approval is
submitted by Construction Manager with its billing.
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performance of the Contract, or any separable part thereof, in accordance with the applicable
provisions of this Contract.
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y audit, nor to discover defective workmanship, materials, or equipment, nor acceptance of
or payment to Construction Manager for such work, materials or equipment shall prejudice the
rights of Owner thereafter to correct or reject the same as hereinafter provided.
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y injury or damages to property
which Construction Manager can establish as being attributable to the negligence of Owner, its
respective agents, servants, employees, officers, or others for whom Owner is responsible,
including separate contractors. The indemnification shall not include the indemnity/defense of
claims or damages resulting from gross negligence or willful, wanton, or intentional misconduct
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