R00-011 RESOLUTION R00-//
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE AN OWNER
AND CONSTRUCTION MANAGER AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH
AND CDM ENGINEERS & CONSTRUCTORS,
INC.; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, upon recommendation of staff, the City Commission of
the City of Boynton Beach, hereby approves an Owner and Construction
Manager Agreement between the City of Boynton Beach and CDM Engineers
& Constructors, Inc., and authorizes the Mayor and City Clerk to execute said
Agreement, attached hereto as Exhibit "A"; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach,
Florida does hereby authorize and direct the Mayor and City Clerk to execute
an Owner and Construction Manager Agreement between the City of Boynton
Beach and CDM Engineers & Constructors, Inc., and authorizes the Mayor
and City Clerk to execute said Agreement, attached hereto as Exhibit "A"
attached hereto as Exhibit "A".
Section 2. This Resolution will become effective immediately upon
passage.
PASSED AND ADOPTED this / day of February, 2000.
CITY BOYNT N B CH, F~LORIDA
vr~iay°r ~ ~ ~
Mayor Pro Tom
Commissioner ~ ~-
I IATTEST'
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AGREEMENT BETWEEN
OWNER AND CONSTRUCTION MANAGER
This Agreement is made and entered into the day of
between the City of Boynton Beach, Florida
and CDM Engineers & Constructors Inc.
2000,_by and
~OW-~ER)
(CONSTRUCTION MANAGER).
WHEREAS, the OWNER has prepared plans and specifications for Stormwater Improvement for Downtown Regional
Facility- Basin I (hereinafter referred to as the "Project"); and
WHEPd~AS, OWNER advertised for and received bids for the construction of the Project on October 7, 1999 but only
received one bid total which exceeded the OWNER's budget for the Project; and
WHEREAS, the OWNER in an effort to obtain more bids and allow further competition, received bids on the Project on
December 14, 1999 and again only received one bid total which exceeded the OWNER's budget; and
WHEREAS, the OWNER must complete the Project to facilitate redevelopment of its Central Business District and Marina
ama and has determined it is in the best interest of the OWNER to address the emergency by utilizing the Construction
Management at Risk approach to construct the Project; and
WHEREAS, CONSTRUCTION MANAGER provides such Construction Management Services to clients;
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, OWNER
and CONSTRUCTION MANAGER agree as follows:
ARTICLE 1 -- THE PROJECT TEAM AND EXTENT OF AGREEMENT
The CONSTRUCTION MANAGER agrees to furnish or arrange for the construction services set forth herein and agrees
to furnish project management and administration and superintendence, and to use its best efforts to complete the Project
in an expeditious and economical manner consistent with the interests of the OWNER.
1.1.
The Project Team. The CONSTRUCTION MANAGER, the OWNER and the CONSTRUCTION MANAGER's
consultants and subcontractors, collectively called the "Project Team," shall work cooperatively through construction
completion. The CONSTRUCTION MANAGER will provide a list to OWNER designating individual
representatives of CONSTRUCTION MANAGER and their role in the project. The list shall be provided within
ten (10) days of execution of this Agreement and may be amended from time to time.
1.2.
Extent of Agreement. The Contract Documents represent the entire agreement between the OWNER and the
CONSTRUCTION MANAGER and supersede all prior negotiations, representations or agreements. This
Agreement shall not be superseded by any provisions of the documents for construction and may be amended only
by written instrument signed by both OWNER and CONSTRUCTION MANAGER. While the OWNER may issue
separate purchase orders to CONSTRUCTION MANAGER to satisfy OWNER's purchasing requirements, the
terms and conditions of any such purchase orders issued after the date of this Agreement shall be deemed to be void
and the terms and conditions of this Agreement shall be deemed substituted therefor.
1.3. Definitions.
1.3.1.
The Project is generally described as the installation ofstormwater system and modifications to existing
stormwater sewer inlets and stormwater pipes for Downtown Regional Facility for the City of Boynton
Beach, Florida including the construction of a Stormwater Holding Pond, boardwalk and gazebo to be
located on property of OWNER situated in the City of Boynton Beach. The project is specifically described
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1.3.2.
1.3.3.
in Exhibit "A' and the plans and specifications referenced therein.
The Work is the construction management and construction services required to complete the Project.
The ENGINEER shall be the independent person, firm or corporation designated by the OWNER.
2.1
ARTICLE 2 -- CONSTRUCTION MANAGER'S RESPONSIBILITIES
CONSTRUCTION MANAGER's Services. CONSTRUCTION MANAGER shall furnish through its own
employees or engage subcontractors or subconsultants to furnish the following services for execution and completion
of the Agreement, which shall constitute the "Work."
2.1.1. The CONSTRUCTION MANAGER will secure on behalf of the OWNER any construction building
permits necessary for the construction of the Project.
2.1.2.
The CONSTRUCTION MANAGER has provided the OWNER with a target schedule for the construction
of the Project. The schedule is attached hereto as Exhibit "D ". This Schedule shall indicate the dates for
the starting and completion of the various stages of the construction, and shall contain the necessary
information to allow the OWNER to monitor the progress of the Work. It shall be revised as required by
the conditions of the Work and for those conditions and events resulting from Delays as described in Article
5.2 of this Agreement which shall be agreed on by the CONSTRUCTION MANAGER and lhe OWNER.
2.1.2.1.
The CONSTRUCTION MANAGER's total liability to the OWNER for any and all injuries,
claims, losses, expenses or damages whatsoever arising out of or in any way relating to the
Project, the site, CONSTRUCTION MANAGER's services or work, or this Agreement, from any
cause or causes, including but not limited to the CONSTRUCTION MANAGER's negligence,
errors, omissions, breaches of warranty or contract or strict liability shall not exceed the total
amount paid by the OWNER to the CONSTRUCTION MANAGER under this Agreement.
2.1.3. The CONSTRUCTION MANAGER shall complete the work under this agreement as follows:
Calendar Days from Date of this A~eement
Pond B Basic Construction to Accept FDOT Stormwater
(described as Phase I in Exhibit A)
Substantial Completion Final Completion
180 210
Southern and Northern Stormwater Collection Pipe Network and
Furnishings (described as Phase 2 in Exhibit A)
300 365
Any reference to liquidated damages contained elsewhere is this Agreement or documems incorporated by reference
are not applicable to this Agreement. The sole damages for the CONSTRUCTION MANAGER'S delay in final
completion are listed below.
Delays in final completion, except as extended in accordance with the terms of this Agreement, shall result
in a five percent (5%) reduction per month in the share of the savings in subcontract costs described in Exhibit A,
paragraph B, Compensation.
2.1.4.
The CONSTRUCTION MANAGER will provide ali materials and equipment, supervision, inspection,
testing, labor, tools, construction equipment and specialty items necessary to execute and complete
construction of the Project.
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2.1.5.
2.1.6.
2.1.7.
2.1.8.
2.1.9.
2.1.10.
2.1.11.
The CONSTRUCTION MANAGER shall take necessary precautions for the safety of its employees on
the Work, and shall comply with all applicable provisions of federal, state and municipal safety laws.
CONSTRUCTION MANAGER shall include provisions in all subcontracts which require its
subcontractors to be responsible for the safety of their employees on the Work, and to comply with all
applicable provisions of federal, state and municipal safety laws. It is agreed that the CONSTRUCTION
MANAGER shall have no responsibility for the abatement of safety hazards resulting from work at the job
site carried on by the OWNER's separate contractors, or by the OWNER or persons for whom the OWNER
is responsible. OWNER will comply with, and agree to cause any such separate contractors or persons to
comply fully with all applicable provisions of federal, state and municipal safety laws and regulations.
The CONSTRUCTION MANAGER shall keep the premises of the Project free from accumulation of
construction debris and waste materials caused by the CONSTRUCTION MANAGER's operations. At
the completion of the Work, the CONSTRUCTION MANAGER shall remove from the Project the
CONSTRUCTION MANAGER's tools, surplus materials, construction equipment, and machinery.
Change Orders shall be limited to changes in the scope or design of the Project or changes caused by
differing site conditions or extensions of time for reasons as described in Article 5.2 of this Agreement. The
CONSTRUCTION MANAGER shall prepare Change Orders for the OWNER's approval and execution
in accordance with this Agreement.
The CONSTRUCTION MANAGER shall maintain in good order at the site one record copy of the
drawings, specifications, product data, samples, shop drawings, Change Orders and other Modifications,
marked currently to record changes made during construction. These shall be delivered to the OWNER
upon completion of the Project and final payment.
The CONSTRUCTION MANAGER's scope of services is set forth in Exhibit A attached hereto and made
a part of this Agreement.
The CONSTRUCTION MANAGER's services shall not include expressly or by implication any analysis,
determination or opinion as to whether the OWNER is in compliance with federal, state or local laws,
statutes, ordinances or regulations.
Unless expressly stated otherwise herein, the CONSTRUCTION MANAGER's services shall not include
directly or indirectly storing, arranging for or actually transporting, disposing, treating or monitoring
hazardous substances, hazardous materials, hazardous waste or hazardous oils.
2.2. Standards and Completion.
2.2.1.
The CONSTRUCTION MANAGER agrees that ali materials and equipment furnished under this
Agreement will be new, unless otherwise specified, and that all construction work will be of good quality,
free from improper workmanship and defective materials. CONSTRUCTION MANAGER will not be
responsible, however, for defects mused by OWNER modifications, abuse, and/or improper maintenance
or operation. The CONSTRUCTION MANAGER agrees to correct all work performed by it under this
Agreement which proves to be defective in material or workmanship within a period of three hundred sixty
five (365) days after completion of the Work as defined in Paragraph 2.2.1.1 provided that OWNER
furnishes written notice of such defect within such three hundred sixth five (365) day period.
CONSTRUCTION MANAGER provides no warranty, express or implied, for OWNER-furnished
equipment or equipment, accessories and parts manufactured by others. However, any warranty or
guarantee obtained by CONSTRUCTIONMANAGER from any such manufacturer shall be deemed to
have been obtained for the benefit of OWNER and will be assigned to OWNER, with the consent of the
manufacturer. The foregoing standards and warranties are the sole warranties extended by
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2.2.2.
2.2.3.
2.2.4.
CONSTRUCTION MANAGER and are in lieu of all other warranties express or implied, including but
not limited to, the implied warranties of merchantability and fitness for purpose.
2.2.1.1.
Unless otherwise expressly noted, the term completion in this Agreement shall mean substantial
completion. Substantial completion is the stage of progress when the Work or a designated
portion thereof is sufficiently complete in accordance with this Agreement so that the OWNER
can occupy or utilize the Work for its intended use. When the CONSTRUCTION MANAGER
considers each Phase of the Work substantially complete the CONSTRUCTION MANAGER
shall notify the OWNER and ENGINEER in writing that the Phase of the Work is substantially
complete and request that the ENGINEER issue a certificate of Substantial completion for that
Phase. Promptly thereafter, OWNER, CONSTRUCTION MANAGER and ENGINEER shall
make an inspection of the Work to determine the status of completion. If ENGINEER does not
consider that Phase of the Work substantially complete, ENGINEER will notify
CONSTRUCTION MANAGER in writing giving the reasons therefor. IF ENGINEER
Considers that Phase of the Work substantially complete, ENGINEER will prepare and deliver
to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial
completion for that Phase. There shall be attached to the certificate a tentative list of items to be
completed or corrected before final payment for that Phase. OWNER shall have seven days after
receipt of the tentative certificate during which to make written objection to ENGINEER as to any
provisions of the certificate or the attached list. IfaRer considering such objections, ENGINEER
concludes that the Work for that Phase is not substantially complete, ENGINEER will within 14
days after submission of the tentative certificate to OWNER notify CONSTRUCTION
MANAGER in writing, stating the reasons therefor. If after considering Owner's objections,
ENGINEER considers the Work Substantially Complete for that Phase, ENGINEER will within
said 14 days execute and deliver to OWNER a definitive Certificate of Substantial Completion
for that Phase (with a revised list of items to be completed or corrected) reflecting such changes
from the tentative certificate as ENGINER believes instilled after consideration of any objections
from OWNER. At the time of delivery of the tentative certificate of Substanti~ Completion the
ENGINEER will deliver to OWNER and Conslruction Manager a written recommendation as to
division of responsibilities pending final payment between OWNER and Construction Manager
with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities,
insurance, and warranties and guarantees. Unless OWNER and Construction Manager agree
otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the
definitive Certificate of Substantial Completion for each Phase, ENGINEER'S aforesaid
recommendation will be binding on the OWNER and CONSTRUCTION MANAGER until final
payment for that Phase. The City Commission shall confirm the date of Substantial Completion
for each Phase by Resolution of the Commission.
The CONSTRUCTION MANAGER will secure required certificates of inspection, testing or approval
required for building construction and deliver them to the OWNER.
The CONSTRUCTION MANAGER will not be responsible for any errors or omissions contained in or
omitted from any certificates and/or independent analyses of work conducted by and/or information
provided by independent laboratories or other independent con.actors retained by the CONSTRUCTION
MANAGER in connection with the CONSTRUCTION MANAGER's services provided to the Owner.
The CONSTRUCTION MANAGER will collect all equipment manuals and deliver them to the OWNER.
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ARTICLE 3 -- OWNER'S RESPONSIBILITIES
3.1. The OWNER shall provide full information regarding its requirements for the Project.
representative
The OWNER shall furnish, for the site of the Project, topographical surveys describing the physical characteristics;
soils reports and subsurface investigations; legal limitations; utility locations; and a legal description, including a
property survey and Project benchmark. The OWNER agrees to assume responsibility for personal and/or property
damage due to CONSTRUCTION MANAGER's interference with subterranean structures such as pipes, tanks and
utility lines that are not correctly shown on the documents or that are not contained in written information provided
by OWNER to CONSTRUCTION MANAGER prior to the commencement of the Work.
3~4. The OWNER shall secure and pay for necessary approvals, easements, assessments and charges required for the
construction, connection, use, or occupancy of permanent structures or for permanent changes in existing facilities.
3.5, The OWNER shall furnish such legal services as may be necessary for providing the items set forth in Paragraph
3.4. and such auditing services as may be required.
3.6. If the OWNER becomes aware of any fault or defect in the Work or nonconformance with the Drawings or
Specifications, it shall give prompt written notice thereof to the CONSTRUCTION MANAGER.
3.7. .CONSTRUCTION MANAGER, directly or through its subcontractors shall provide public construction bonds as
required by Florida Statute 255.05.
3.8.
3.9.
The services and information required by the above paragraphs shall be furnished with reasonable promptness at
OWNER's expense. The CONSTRUCTION MANAGER shah be entitled to rely upon the accuracy and the
completeness of all such information provided by the OWNER.
The OWNER shall furnish reasonable evidence satisfactory to the CONSTRUCTION MANAGER, prior to signing
this Agreement, or upon written request of the CONSTRUCTION MANAGER from time to time thereafter, that
sufficient funds are available and committed to pay for CONSTRUCTION MANAGER's total estimated charges
for the Work. Whether or not the CONSTRUCTION MANAGER elects to proceed with work without having
received such evidence, CONSTRUCTION MANAGER may thereafter stop work upon fifteen (15) days' prior
written notice if such evidence has not been furnished within a reasonable time after any such request.
3~10.
The OWNER shall have no contractual obligation to the CONSTRUCTION MANAGER's subcontractors and
subconsultants and shall communicate with such subcontractors and subconsultants only through the
CONSTRUCTION MANAGER.
3~11. The OWNER shall pay for all utility connection fees and special fimility charges rendered by utilities for connection
of permanent utility services to the Project.
3~12.
The OWNER shall be responsible for the long-term storage and disposal of waste materials generated as a result of
sampling, pilot testing, and/or monitor well construction and development. CONSTRUCTION MANAGER shall
place such waste materials in containers for temporary storage on site consistent with industry practice.
3.13.
The OWNER shall sign any and all required manifests relating to the generation, transportation, storage, treatment
and disposal of all wastes arising out of or related to the Project and/or the Work.
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4.1.
ARTICLE 4 -- SUBCONTRACTS
Selection of Subcontractors. All portions of the Work that the CONSTRUCTION MANAGER does not perform
with its own forces shall be performed under subcontracts. The CONSTRUCTION MANAGER shall select
competent Subcontractors and shall be responsible for the management of the Subcontractors' performance of their
work.
ARTICLE 5 -- CONTRACT TIME SCHEDULE AND SUBSTANTIAL COMPLETION
5.1. Contract Time.
5.1.1. The Work to be performed under this Agreement shall be performed in accordance with the Schedule
provided pursuant to Exhibit A.
5.1.2. The term "day" as used in this Agreement shall mean calendar day, unless otherwise specifically designated.
5.2 Delays.
5.2.1.
If the CONSTRUCTION MANAGER is delayed at any time in the progress of the Project by change orders
in the Project, or by labor disputes, fire, unusual delay in transportation, unusual delay or shortages in
material, supplies, adverse weather conditions not reasonably anticipatable, unavoidable casualties, acts of
God, differing site conditions, unusual delay in the issuance of building permits, or zoning or- utility
services, ~top work orders or temporary suspensions of project activities ordered by OWNER or
governmental authorities, suspension of services by CONSTRUCTION MANAGER for non-payment of
costs by the OWNER for services rendered, delay by OWNER in providing authority for
CONSTRUCTION MANAGER to have access to the site,, then the time within which the Work is to be
completed shall be adjusted accordingly.
5.2.2.
If CONSTRUCTION MANAGER is delayed by any act of OWNER or by any separate contractor
employed by OWNER or for any other cause for which the OWNER is responsible, CONSTRUCTION
MANAGER'S remedy is limited to an extension of the contract time.
ARTICLE 6 -- CHANGES IN THE PROJECT
6~1. Change Orders.
6.1.1.
Any work not contained in the scope of services set forth in Exhibit A shall be a change and shall be
performed by CONSTRUCTION MANAGER only pursuant to a written Change Order to this Agreement
signed by OWNER and CONSTRUCTION MANAGER. Such a Change Order may increase or decrease
the Work within the general scope of this Agreement. If this Change Order causes an increase in the cost
of the Work, or of the time required for the performance of the Work, CONSTRUCTION MANAGER
shall be paid a lump sum acceptable to both parties and/or shall be granted an extension of the contract
time.
6.1.2.
The proposal document may identify specific items which are not included in the Contract Price. The Work
included in this Agreement .shall be limited to that work specifically set forth in Exhibit A. The
performance or furnishing of any such items by CONSTRUCTION MANAGER that are not included in
the scope of services set forth in Exhibit A shall be pursuant to a Change Order issued in accordance with
Paragraph 6.1.1.
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6.1.3.
In the event OWNER requests CONSTRUCTION MANAGER to develop information necessary for the
consideration of a change in the Project, and such a change is not adopted, OWNER shall reimburse
CONSTRUCTION MANAGER for the costs which it incurs in connection with such efforts.
Differing Site CondRions
The CONSTRUCTION MANAGER shall promptly, and before the conditions are disturbed, give written notice to
the OWNER of(l) subsurface ~ latent physical conditions at the site which differ materially form those indicated in
this contract or the soils report prepared by Dunkelberger Engineering & Testing Inc (dated August 20, 1999) or (2)
unknown physical conditions at the site, of an unusual nature, which differ materially from those encountered and
generally recognized as inhering in works of the character provided for in this Agreement.
(b) The OWNER shall investigate the site conditions promptly after receiving the notice. If the conditions do materially
so differ and cause an increase or decrease in the CONSTRUCTION MANAGER's cost off or the time required for,
performing any part of the Work under this Agreement, whether or not changed as a result of the conditions, an
equitable adjustment shall be made and this Agreement modified in writing accordingly.
(e) No request by the Construction Manager for an equitable adjustment under this section 6.2 shall be allowed, unless
the CONSTRCTION MANAGER has given the written notice required.
(d) No request by the CONSTRUCTION MANAGER for an equitable adjustment to this Agreement for differing site
conditions shall be allowed if made after final payment under this Agreement.
6.3.
Regulatory Changes. The CONSTRUCTION MANAGER shall be compensated for changes in thc Work
necessitated by the enactment or revision of codes, laws or regulations subsequent to the date of this Agreement
7.1. Payments
ARTICLE 7 -- PAYMENTS TO THE CONSTRUCTION MANAGER
7.1.1. The type and form of compensation for CONSTRUCTION MANAGER shall be as specified in Exhibit
A and as further defined in Exhibit C, Schedule of Values.
7.1.2.
7.1.3.
CONSTRUCTION MANAGER shall submit to the OWNER monthly invoices coveting the period ending
on the last day of the preceding month which shall indicate the total amount due to the CONSTRUCTION
MANAGER for work performed for the preceding month. The OWNER shall have the right of inspection
and verification of CONSTRUCTION MANAGER's invoice and shall have ten (10) days within which
to approve the invoice.
The OWNER shall have the right to retain ten (10) percent of the mount requested by CONSTRUCTION
MANAGER for each payment. When the Work for each Phase reaches fifty (50) percent completion the
total amount of retainage shall not exceed five (5) percent of the cumulative total amount invoiced by the
CONSTRUCTION MANAGER for that Phase of the Work. The retainage for each Phase shall be reduced
to two (2) percent of the cumulative amount invoiced by the CONSTRUCTION MANAGER, upon each
Phase reaching Substantial Completion. The two (2) percent retainage shall be paid upon final completion
of all Phases.
~ t{~ tl~ CONSTRUCTIOI~
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7.2. Title Free of Liens. The CONSTRUCTION MANAGER agrees that title to all Work, including materials and
equipmem incorporated in the Project covered by any invoice will pass to the OWNER upon receipt of payment of the full
amount of CONSTRUCTION MANAGER's invoice therefor, free and clear of all liens, claims, security interests or
encumbrances, hereinafter referred to as Liens. CONSTRUCTION MANAGER, at its own expense, shall indemnify,
defend and save harmless OWNER against Liens filed on the property of OWNER by subcontractors, materialmen or
suppliers of CONSTRUCTION MANAGER for amounts due them from CONSTRUCTION MANAGER for Work, the
cost of which has been paid by OWNER to CONSTRUCTION MANAGER.
7.3. Waiver of Claims. The making of final payment shall constitute a waiver of all claims by
arising from:
OWNER exccpt~ose
7.3.1. Unsettled liens.
7.3.2. Defects in materials or workmanship appearing after final inspection.
7.3.3. Any breach of continuing obligations in this Agreement on the part of CONSTRUCTION MANAGER.
ARTICLE 8 -- INDEMNITY AND INSURANCE
8.1. Indemnity.
8.1.1.
The CONSTRUCTION MANAGER, in consideration of the sum of $100 paid by the OWNER and other
valid consideration, the receipt and sufficiency of which is hereby acknowledged, agrees to indemnify,
defend and hold the OWNER harmless from all claims and suits for damages arising from personal injuries,
including death, injury or destruction of tangible property (other than the Work itself), including loss of nsc
resulting therefrom to the extent caused by the negligence ofthe CONSTRUCTION MANAGER, and from
ail judgments recovered therefor, and from all expenses for defending claims or suits, including court costs
and attorney's fees, resulting therefrom. CONSTRUCTION MANAGER shall have no duty to indemnify
OWNER hereunder against claims arising as a result of OWNER's sole or contributing negligence or the
sole or contributing negligence of any other party. In no event shall CONSTRUCTION MANAGER be
responsible, under this paragraph or otherwise, for any indirect, special or consequential damages of any
kind.
8.1.2.
Upon and after final completion of the Project, OWNER, in consideration of the sum of $100 paid by the
CONSTRUCITON MANAGER and other valid consideration, the receipt and sufficiency of which is
hereby acknowledged, agrees to indemnify, defend and hold the CONSTRUCTION MANAGER harmless
from all claims and suits for damages arising from personal injuries or damage to property, and from ail
judgments recovered therefor, and from ali expenses for defending such claims or suits resulting from the
OWNER's negligence, including but not limited to court costs and attorney's fees, which result from the
OWNER's negligent use, operation or maintenance of the facilities, equipment or materials provided by
CONSTRUCTION MANAGER under this Agreement.
8.2.
CONSTRUCTION MANAGER's Insurance. The CONSTRUCTION MANAGER shall purchase and maintain
the following insurance to cover CONSTRUCTION MANAGER's performance under this Agreement. OWNER
shall be an additional insured on the comprehensive general liability and automobile liability insurance policies.
8.2.1.
Workers' Compensation insurance in full compliance with workers' compensation laws of the states within
which any part of the work is to be performed, together with employer's liability coverage with minimum
limits of liability in the amount of $1,000,000 for each occurrence.
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8.4.
9.1.
8.2.2. Comprehensive automobile liability insurance covering all owned, hired and non-owned vehicles with the
following minimum limits of liability:
8.2.3.
Combined single limit - $5,000,000 each occurrence and $5,000,000 aggregate
Comprehensive general liability insurance including Independent Contractor's coverage with the following
minimum limits of liability:
Combined single limit - $1,000,000 each occurrence and $2,000,000 aggregate
The CONSTRUCTION MANAGER's comprehensive general liability policy shall also include blanket
contxactuai liability coverage.
8.2.4 CONSTRUCTION MANAGER shall require by subcontract that ail Subcontractors maintain the
same limits of insurance as set forth above and provide Certtlicates of Insurance listing OWNER
as an additional insured on the automobile and general liability insurance policies.
8.2.5 CONSTRUCTION MANAGER shall provide a pollution liability policy with OWNER as a
named insured; limits $5,000,000 for each occurrence and $5,000,000 aggregate.
8.2.6 All coverage shail be with insurance companies with a current rating orB+ issued by AaM. Best
Company
Certificates. CONSTRUCTION MANAGER shall furnish to OWNER promptly following the execution of this
Agreement, certificates evidencing the maintenance of said insurance. The certificates shall provide that thirty (30)
days' written notice Shall be given to OWNER before the insurance policies noted herein are changed or canceled.
Insurance certificates shall be attached as Exhibit(s) B hereto.
OWNER's Liab/lit~ Insurance. The OWNER shail be respons~le for purchasing liability insurance to protect the
OWNER against claims which may arise from operations under this Project.
ARTICLE 9 -- TERMINATION OF THE AGREEMENT
Termination by OWNER for Cause. If the CONSTRUCTION MANAGER persistently fails or neglects to carry
out the Work in accordance with this Agreement, the OWNER may give written notice that the OWNER intends to
terminate this Agreement. If the CONSTRUCTION MANAGER fails to correct or to take steps to correct the
defaults, failure or neglect cited by the OWNER in such notice within seven (7) days after being given such notice,
the OWNER may then give a second written notice and, aRer an additional seven (7) days if the CONSTRUCTION
MANAGER fails to correct or to take steps to correct as aforesaid, the OWNER may make good such deficiencies
and may deduct the cost thereof from payments due the CONSTRUCTION MANAGER or, at the OWNER's option,
may terminate the employment of the CONSTRUCTION MANAGER, take possession of the site and finish the
Work by whatever method the OWNER may deem expedient.
Termination by OWNER Without Cause. In addition to termination under Article 9.1, OWNER may terminate
this Agreement without cause upon thirty (30) days' written notice to CONSTRUCTION MANAGER. Upon such
termination, OWNER shaii reimburse the CONSTRUCTION MANAGER for any unpaid portions of the Contract
Price due it under Article 7 for the Work to date of termination. In addition, OWNER shail also pay to the
CONSTRUCTION MANAGER fair compensation, either by purchase or rental at the election of the OWNER, for
any equipment retained. In case of such termination of this Agreement, the OWNER shall further assume and
become liable for obligations, commitments and unsettled claims that the CONSTRUCTION MANAGER has
previously undertaken or incurred in good faith in connection with said Work, actual cancellation penalties for
outstanding contracts and undelivered materials or equipment on orders, and any demobilization costs, plus 10% of
such costs as additional CONSTRUCTION MANAGER's fee. The CONSTRUCTION MANAGER shall, as a
condition of receiving the payments referred to in this Article, execute and deliver all such papers and take ali such
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steps, including the legal assignment of its contractual rights, as the OWNER may require for the purpose of fully
vesting in the OWNER the rights and benefits of the CONSTRUCTION MANAGER under such obligations or
commitments.
9.2.1.
Permanent Abandonment. In the event of permanent abandonment of the Project, the OWNER may
terminate this Agreement upon thirty (30) days' prior written notice to the CONSTRUCTION MANAGER.
In such event, the OWNER shall pay CONSTRUCTION MANAGER for all amounts owed under Article
7 for work performed or labor, materials or equipment furnished, and for any proven loss or damages
sustained by CONSTRUCTION MANAGER including but not limited to loss upon materials, equipment,
tools and construction equipment and machinery.
9.2.2.
Termination by CONSTRUCTION MANAGER. If the OWNER fails to make payment when due, in
addition to any other remedies in this Agreement or provided by law, CONSTRUCTION MANAGER may
give written notice of its intent to terminate this Agreement for non-pay~ ent. If the CONSTRUCTION
MANAGER fails to receive full payment of amounts due within twenty (20) days after such notice to the
OWNER, then CONSTRUCTION MANAGER may give a second notice that this Agreement will
terminate in seven (7) days .If the CONSTRUCTION MANAGER does not receive payments in full for
all amounts due prior to the expiration of such seven (7) day period, the CONSTRUCTION MANAGER
may request mediation of the payment dispute in accordance with the procedure set forth in 10.1 below.
lOd.
10.2.
10.3.
10.4.
10.5.
10.6.
11.1.
ARTICLE 10 -- DISPUTE RESOLUTION
Mediation. The OWNER and the CONSTRUCTION MANAGER agree that they shall first submit any and all
disputes and other matters in question between them arising out of or relating to this Agreement or the breach thereof
to mediation in accordance with the Construction Mediation Rules of the American Arbitration Association in Boston,
Massachusetts, prior to either of them initiating against the other a judicial proceeding.. Participation in such
mediation shall be a condition precedent to judicial action unless mediation is waived in a writing executed by both
parties.
Claims and Disputes. Claims, disputes and other matters in question between the,parties to this Agreement which
are not resolved by mediation or with respect to which mediation is waived by both parties, which arise out of or
relate to the Agreement or the breach thereof shall be decided by judicial proceeding in Circuit Court, Palm Beach
County, Florida.
Sub-section reserved.
Sub-section reserved.
Continuing Obligations, Unless otherwise agreed in writing, CONSTRUCTION MANAGER shall carry on the
Work and maintain its progress during any mediation or judicial proceedings, and the OWNER shall continue to
make payments, to the CONSTRUCTION MANAGER in accordance with the Contract Documents.
Survival of Provisions. This Article 10 shall survive the performance or termination of this Agreement.
ARTICLE 11 -- MISCELLANEOUS
Successors and Assigns. This Agreement shall be binding on the successors, assigns, and legal representatives of
the OWNER or CONSTRUCTION MANAGER. Neither party shall assign, sublet or transfer an interest in the
Agreement without the written consent of the other.
E&C/Cost Mgmt/01/31/00
Page 10 of 13
11.2.
11.3.
11.4.
11.6.
11.7.
Use of Documents. The drawings, specifications and other documents furnished by thc CONSTRUCTION
MANAGER are instruments of service and, except by written agreement executed by the CONSTRUCTION
MANAGER relating to use, liability and compensation therefor, shall not be used by the OWNER on other projects.
for additions to this Project or for completion of this Project by others unless the CONSTRUCITON MANAGER
is terminated for cause under this Agreement.
Status of CONSTRUCTION MANAGER. Nothing contained in this Agreement shall be construed or interpreted
as requiring CONSTRUCTION MANAGER to assume the status ora generator, storer, operator, transporter, treater,
or disposal facility as those terms appear within the Resource Conservation Recovery Act, 42USCA, Section 6901,
et seq. (RCRA), or within any other federal or state statute of similar effect governing the treatment, storage,
transportation or disposal of waste.
Copyrights. Submission or distribution of documents to meet official regulatory requirements or for other purposes
in connection with the Project is not to be construed as publication in derogation of the CONSTRUCTION
MANAGER's common law copyrights or other reserved rights.
Reporting Requirements. To the extent required by law, OWNER shall promptly report regulated conditions,
including without limitation, the discovery of releases of hazardous substances, at the site to the appropriate public
authorities in accordance with applicable law.
Governing Law. This Agreement shall be governed by the law in effect at the location of this Project.
Notices. Except as written elsewhere in this Agreement, all written communications to OWNER and
CONSTRUCTION MANAGER shall be sent with distribution to the recipient as set out below.
1. OWNER 2.
CONSTRUCTION MANAGER
CDM Engineers & Constructors Inc.
11.8.
Year 2000 Compliance
11.8.1.
The CONSTRUCTION MANAGER will require all of its SUBCONTRACTORS (if any) to supply
materials, products, equipment and/or services to the CONSTRUCTION MANAGER for this PROJECT
which are Year 2000 compliant. In addition CONSTRUCTION MANAGER shall specify in the plans and
specifications it provides (if any) pursuant to this Agreement that all materials, products and equipment
and/or services to be provided by the Construction Contractor and vendors shall be Year 2000 Compliant.
"Year 2000 Compliant' is the ability of a system, process or item to:
(1)
Handle date information before, during and after midnight, December 31, 1999, including, but not
limited to: accepting date input, providing date output, and performing calculations and comparisons
on dates or portions of dates. Date interpretation and manipulation must be correct for all valid date
values within the application domain. Regarding ali calendar-related date and calendar-related
processing of date data, the system/process will not malfunction, will not cease to function, will not
generate incorrect data, and will not produce incorrect results.
Page 11 of 13
E&C/Cost Mgmt/01/31/00
11.9.
(2) Function accurately and without interruption before, during and alter January I, 2000, without any
change in operations associated with the advent of the new century.
(3)
(4)
Respond to two-digit year-date input in a way that resolves the ambiguity as to the century in a
disclosed, defined and predetermined manner. Interfacing software must make the same century
assumptions when processing two-digit years. Accurately process and exchange date/time data when
used in combination with another system, process or item.
(5)
Process the year 2000 as a leap year. In additirn to the year 2000 leap year dates (February 28-29;
March l, 2000), the following specific dates, and the transition to and from these specific dates,
must be processed without error: December 31, 1998; January 1, 1999; September 9, 1999;
September 10, 1999; December 31, 1999; January 1, 2000; December 31, 2000; January 1, 2001;
December 31, 2004; and January 1, 2005.
(6)
Correctly handle date field containing non-date information and correctly handle a date held in a non-
date field.
11.8.2.
Correctly process any date with a year specified as "99' and "00' regardless of other subjective
meanings attached to these values.
11.8.3.
CONSTRUCTION MANAGER will pass any and all warranties it can reasonably obtain from its
SUBCONTRACTORS pertaining to Year 2000 Compliance directly to OWNER and will require the
Construction Contractors and their vendors to provide warranties on Year 2000 Compliance directly to the
OWNER.
11.8.4.
OWNER agrees that its exclusive and sole remedy for Year 2000 Compliance issues will be the rights
that it has pursuant to the warranties provided by the SUBCONTRACTORS and
CONSTRUCTION CONTRACTORS.
Limit of LiabiliW
In recognition of the relative risks and benefits of the project to both the OWNER and CONSTRUCTION
MANAGER, the risks have been allocated such that the OWNER agrees, to the fullest extent permitted by
law, to limit the liability of CONSTRUCTION MANAGER and its SUBCONSULTANTS to the OWNER
for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause
or causes relating to Year 2000 Compliance, so that the total aggregate liability of CONSTRUCTION
MANAGER and its SUBCONSULTANTS to the OWNER shall not exceed the lesser of the
CONSTRUCTION MANAGER's fee paid by OWNER or $10,000. Such claims and causes include, but
are not limited to: negligence, professional errors or omissions, strict liability, breach of contract or
warranty.
Mutual Waiver of Consequential Damages
Notwithstanding any other provision of this Agreement to the contrary, neither party shall be liable ~olhe o0~er
for lost profits or any special, indirect, incidental, or consequential damages in any way arising out of this Agreement
however caused under a claim of any type or nature based on any theory of liability (including, but not limited to:
contract, tort, or warranty) even if the possibility of such damages has been communicated.
11.10. ATTORNEY FEES
In the event of legal action arising out of this Agreement, each party shall bear its own costs and attorney fees.
Page 12 of 13
E&C/Cost Mgmt/Ol/31/00
iKII.
11.12.
Partial Invalidity. The invalidity of any part or portion of this-Agreement shall not affect or impair in any way the
validity, enforceability or effect of the remaining provisions hereof. In the evem any provision herein is found to be
invalid, then such provision shall be deemed to be deleted and all other provisions in the Agreement will remain in
full force and effect.
Entire Agreement. The documents which comprise the entire Agreement between OWNER and
CONSTRUCTION MANAGER concerning the Work (referred to herein as the Contract Documents) consist of the
following:
1. This Agreement (pages 1 to 13 inclusive).
2. Exhibits:
A. Scope of Services, Compensation and Schedule (pages I through 3)
B. Insurance Certificates
C. Schedule of Values
D. Construction Schedule
There are no documents other than those listed above in this Article 11.12. This Agreement may only be amended,
modified, or supplemented by written agreement duly executed by OWNER and CONSTRUCTION MANAGER.
IN WITNESS WHEREOF, the parties hereto have read the foregoing, understand completely these terms and conditions,
and willingly enter into this Agreement.
WITNESS our hands and seals this day of
.,2000.
OWNER
Z oTM '%
CONSTRUCTION MANAGER
CDM Engineers & Constructors Inc.
By
Print Name
E&C/Cost Mgm*dO 1/31/00
Page 13 of 13
Exhibit A to Agreement
Between
Owner and Construction Manager
This is an exhibit attached to and made a part of the Agreement dated ., 20._,
between the City of Boynton Beach (OWNER) and CDM Engineers & Constructors Inc.
(CONSTRUCTION MANAGER) for construction management and construction services on the
Project.
Scope of Services
CONSTRUCTION MANAGER shall provide construction management at risk services to
manage and construct the City of Boynton Beach Stormwater Improvements for Downtown
Regional Facility - Basin 1 in accordance with Plans and Technical Specifications prepared
by Camp Dresser & McKee Inc., Project No. STM 006, dated August 1999. The Project is
generally described as follows:
The installation of stormwater sewer system and modification to existing
stormwater sewer inlets and stormwater pipes for Downtown Regional Facility -
Basin 1 for the City of Boynton Beach, including:
· Installation ofstormwater sewer system;
· Modifications to existing stormwater sewer inlets and stormwater piping;
· Repair and/or replacement of existing stormwater structures, manholes,
and pipes within the limits of construction;
· Repair and/or replacement of disturbed sidewalks;
· ' Repair and/or replacement of disturbed asphalt pavement;
· Repair and/or replacement of disturbed landscaping and/or lawn;
· Relocation of existing utilities, where defined;
· Relocation and/or replacement of existing water main;
· Construction of Pond B;
· Construction ofstormwater pump station;
· Construction of Boardwalk and Gazebo.
The project is divided into two Phases. Phase 1 consists of the following elements
ne
Construction of Pond B, discharge system to the Intercoastal Waterway,
stormwater sewer in NE 6th Court, and the inlet from NE 4th Ave.,
including baffle box B-48, excavation, grading, dewatering and disposal of
soil from' Pond B; muck removal and rock removal and backfill of
overeXcavated areas as shown on the soil borings; installation of walls,
weirs and structures required for the pond to collect and discharge water;
pump station, electrical and controls for the Pump station; landing A and
landing B and the connecting boardwalk complete; cleanup and removal of
debris from mitigation area and buffer zone; discharge well vault box, 36-
inCh outfall to the intercoastal Waterway; install auger piling along the 36-
inch outfall; 72-inch stormwater pipe, 4'x9' box culvert, baffle box B-51,
Page 1 of 6
01 >.800
and all appurtenances in NE 6th Court connecting to Pond B; inlet to Pond
B from NE 4m Ave., including 60-inch stormwater pipe, endwall, baffle box
B-48; and landscaping for littoral zone, outfall buffer zone and mitigation
area. This work includes all striping and signage, complete restoration,
paving and repaving of the road, quality assurance testing, survey, and all
other items for a complete and operable system as shown on the drawings;
b. Restore two (2) existing l-inch double, 1.5-inch single, and 2inch double
water service laterals as shown on the drawings;
c. Restore four (4) exsiting sanitary sewer laterals as shown on the drawings.
Phase 2 consists of the following elements.
ae
Construction of the southern stormwater collection pipe network.
Installation of all RCP stormwater pipe, drainage structures, inlets, muck
removal and rock removal and backfill of overexcavated areas as shown on
soil borings; sidewalks, and all other appurtenances; replace 8-inch AC
WM with 8-inch DIP; replace 6-inch AC WM with 6-inch DIP; paving,
repaying and restoration; traffic control, dewatering, quality assurance
testing, survey, and all other work to fully install an operable stormwater
collection system in Southeast 4m Street, Southeast Ist Avenue, the crossing
of US-1 at SE Ist Ave., and SE 6th Street including modifications to
structure S-56 tying in to the existing FDOT structure as shown on the
drawings;
b. Restore sixteen (16) existing 1-inch double, 1.5-inch single, and 2-inch
double water service laterals as shown on the drawings;
c. Restore eight (8) existing sanitary service laterals as shown on the
drawings;
d. Furnish and install 200 linear feet of 15-inch RCP (0'-6' deep) as directed
by Engineer;
e. Furnish and install 200 linear feet of 18-inch RCP (0'-6' deep) as directed
by Engineer;
Construction of the northern stormwater collection pipe network.
Installation of all RCP stormwater pipe, ali drainage structures, inlets,
muck removal and rock removal and-backfill of overexcavated areas shown
on soil borings; sidewalks, and other appurtenances; reconstruct water and
sanitary sewer pipeline; construct new 4-inch WM to limits of construction;'
paving, repaying and restoration; traffic control, dewatering, quality
assurance testing, survey and all other work to fully install an operable
stormwater collection system in NE 6t~ Court, NE 4t~ Ave., the crossing of
Page 2 of 6
012800
012800
US-1 at NE 4th Ave., NE 6t~ Street, and NE 4t~ Ave. as shown on the
drawings;
g. Restore sixteen (16) existing 1-inch single, 1-inch double, 1.5-inch single,
and 2-inch double water service laterals as shown on the drawings;
h. Restore eight (8) existing sanitary sewer laterals as shown on the drawings;
i. Furnish and install 200 linear feet of 15-inch RCP (0'-6' deep) as directed
by Engineer;
j. Furnish and install 200 linear feet of 18-inch RCP .(0'-6' deep) as directed
by Engineer;
Furnishings for Pond B. Furnish and install pre-engineered steel gazebo
structure; construct all landings and boardwalks; landscaping around
Pond B including irrigation system; concrete walkway around Pond B;
fountains; electrical for fountains, irrigation system, boardwalks and
landings; except for landings A and B and the connecting boardwalk;
quality assurance and testing, survey, and aH other facilities required to
comPlete the balance of Pond B work as shown on the drawings.
The following documents are hereby incorporated by reference:
Plans
City of Boynton Beach - Stormwater Improvements for Downtown Regional Facility -
Basin 1 Project No. STM 1006, prepared by Camp Dresser & McKee Inc., dated August
1999:
Gl, G2, C1, C2, C3, C4, C5, C6, C7, C8, C9, C10, C11, C12, C13, C14, C15, C16,
C17, C18, C19, C20, C21, CD1, CD2, CD3, CD4, CD5, CD6, CD7, CD8, CD9,
IRR1, IRR2, S1, S2, S3, S4, S5, S6, S7, S8, S9, SD1, El, E2, E3, E4, E5, E6, E7
Specifications
City of Boynton Beach - Stormwater Improvements for Downtown Regional Facility -
Basin 1 Project No. STM 006, prepared by Camp Dresser & McKee Inc., dated August
1999:
DIVISION 1
01105 01005(NOTUSED),0101~ 01014,01025,01045,01046,01050,
01095,01110,01111,01152,01153,01170,01200,01300,01310,
01370,01381,01390,01410,01445,01520,01570,01580,01590,
01600,01610,01625,01630,01700,01710,01720,01730,01740
DIVISION 2
02050,02064,02100,02140,02200,02213,02221,02222,02223,
02270,02272,02515,02516,02545,02575,02580,02600,02605,
02610,02612,02735,02870,02875,02932,02933,02955,02956,
02999
Page 3 of 6
DIVISION 3
DIVISION 4
DIVISION 5
DIVISION 6
DIVISION 7
DIVISION 8
DIVISION 9
DIVISION 10
DIVISION 11
DIVISION 12
DIVISION 13
DIVISION 14
DIVISION 15
DIVISION 16
ADDENDUMS:
Addendum 1 - Dated:
O3301, 03411
04210
05500
06100
NOT USED
NOT USED
09900, 09901, 09902
NOT USED
11223, 11319
NOT USED
NOT USED
NOT USED
15052, 15094, 15100
16050, 16108, 16110, 16120, 16160, 16450, 16670
13 September, 1999
Addendum 2 - Dated: 30 September, 1999
Addendum IR- Dated: 7 December, 1999
NOTE: Only those documents specifically incorporated by reference above are part of this
Agreement. While the above documents may contain cross references to other Camp
Dresser~, & McKee Inc. (CDM) specifications and Division 0 sections which were contained
in the Contract Forms and Specifications For Bidding Purposes Only Document, prepared
bT CDM for the City, those other CDM specifications and Division 0 Sections are not part
of this Agreement.
012800
Page 4 of 6
Bo
Co
Compensation
The CONSTRUCTION MANAGER's compensation for the performance of the Work
under this Agreement consists of the sum of three components. These three components
are: 1) Fixed Price Fee; 2) Subcontracted Values; 3) Contingency.
The CONSTRUCTION MANAGER agrees to perform the Work for a Guaranteed
Maximum Price (GMP) compensation of $4,950,000 subject to the following.
The CONSTRUCTION MANAGER and OWNER have agreed in the interest of
controlling cost and providing incentive to share cost in the following manner:
Any savings in subcontract cost from the original scheduled value of subcontract work will
be shared fifty percent by the OWNER and fifty percent by the CONSTRUCTION
MANAGER.
A contingency of $247,500 will be established to address .additional payment for
subcontract cost in excess of the original schedule of values, and unanticipated conditions
that may be encountered during construction. Fift3' percent of the unused portion of this
contingency shall be paid to the CONSTRUCTION MANAGER.
Construction Manager shall submit for Owner's review and approval a schedule of values
for all of the Work. The Schedule of Values will (i) subdivide the Work into its respective
parts, (ii) include values for all items comprising the Work and (iii) serve as the basis for
monthly progress payments made to Construction Manager throughout the Work. Said
Schedule of Values shall be included as Exhibit C.
On or before the date established in the Agreement, Construction Manager shall submit for
Owner's review and approval its Application for Payment requesting payment for all Work
performed as of the date of the Application for Payment. The Application for Payment
shall be accompanied by all supporting documentation required by this Agreement.
The Application for Payment may request payment for equipment and materials not yet
incorporated into the Project, provided that (i) Owner is satisfied that the equipment and
materials are suitably stored at either the Site or another acceptable location, (ii) the
equipment and materials are protected by suitable insurance and (iii) upon payment, Owner
will receive the equipment and materials free and clear of all liens and encumbrances.
After receipt of a Final Application for Payment from Construction Manager, Owner shall
make final payment by the time required in the Agreement, provided that Design-Builder
has completed all of the Work in conformance with the Contract Documents.
Schedule
The CONSTRUCTION MANAGER agrees to commence work under this Agreement
following execution of this Agreement and Notice to proceed and to complete the various
phases in accordance with the following schedule:
Page 5 of 6
012800
Item
Calendar Days from the Later of
Notice to Proceed or Execution
of this Agreement
Substantial Final
Completion Completion
r~.~ n:~ t,~ I Phase I 180 210
D~ rtm a,-~ IV Phase II 300 365
This schedule is premised on the understanding that all required building permits will be
issued by the OWNER within fifteen (15) days from the date of the permit application by
CONSTRUCTION MANAGER.
0~2800
I
i
!
Page 6 of 6
EXHIBIT C
SCHEDULE OF VALUES
Pond Improvements
Clear & Grub
Muck Removal
Topsoil Removal
Excavate and Disposal
Backfilling
Grading
Rock Excavation
Road Improvements
Sidewalk Improvements
Driveway Improvements
U.S. Hwy. #1 Crossings
3. Asphalt Pavements
4. Road Base Construction
5. Electrical Work
Irrigation Work
Pumps and Accessories
Fountains in Ponds
7. Landscaping
Furnish and Install Storm Sewers
Utility Restoration
9. Furnish and Install FDOT Standard Drain Structures
10. Furnish and Install Baffle Boxes and
Other Drain Structures
11. Fixed CDM Fee
12.
Structural and Architecturai
Concrete Piling and Caps
Timber Piling and Caps
Boardwalk
CMU Wall
Gazebo
Baffle Wall
$527,304
$312,855
$108,370
$308,110
$242,426
$~15,500
$140,500
$515,650
$127,122
$276,111
$746,835
$778,675
Page 1 of 2
Exhibit C
(Continued)
13.
14.
15.
16.
17.
Taxes
Dewatering
Miscellaneous Subs
Survey
Security
Mitigation
Testing and Quality Assurance
Trailer and Support
Maintain Traffic
Furnish and Install 4' x 9' Box Culvert
$129,500
$210,500
$283,796
$15,000
$111,746
TOTAL BASE BID (AT RISK)
$4,950,000
0000-r)~,m-MV.r)Fh~SB Page 2 of 2