R18-0711
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RESOLUTION NO. R18 -071
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZE THE CITY MANAGER TO SIGN A
CONTRACT WITH RIC -MAN INTERNATIONAL, INC. FOR
"PROGRESSIVE DESIGN BUILD FOR CENTRAL SEACREST
CORRIDOR UTILITY IMPROVEMENTS PHASE II "; AS A
RESULT OF RFQ NO.037- 2821 -17 /TP IN THE AMOUNT OF
$3,233,885,33 FOR DESIGN SERVICES, AND A TOTAL PROJECT
VALUE OF $10,000,000; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on November 7, 2017, the City Commission approved the list of
ranked proposers as determined by the Evaluation Committee in response to the Request for
Qualifications (RFQ) for the "Progressive Design Build for Central Seacrest Corridor Utility
Improvements Phase II", 037 - 2821- 17,'TP and authorized staff to commence negotiations
with the top ranked qualifier; and
WHEREAS, as a result of these negotiations staff is recommending a contract with
Ric -Man International, Inc., to provide Design Services which includes design criteria
review and value engineering, design development and early construction activities which
include sidewalk and driveway apron construction, tree removal /relocation and water line
replacement; and
WHEREAS, the City Commission of the City of Boynton Beach upon
recommendation of staff, deems it to be in the best interest of the citizens of the City of
Boynton Beach to authorize the City Manager to sign a contract with Ric -Man International,
Inc. For "Progressive Design Build for Central Seacrest Corridor Utility Improvements
Phase II "; as a result of RFQ No.037- 2821 -17 /TP in the amount of $3,233,885,33 for Design
Services, and a total project value of $10,000,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT;
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby authorize the City Manager to sign a contract with Ric -Man International, Inc. For
"Progressive Design Build for Central Seacrest Corridor Utility Improvements Phase II "; as a
result of RFQ No.037- 2821 -17 /TP in the amount of $3,233,885,33 for Design Services, and
a total project value of $10,000,000, a copy of which is attached hereto as Exhibit ".A ".
Section 3. The City Manager is authorized to execute the contract on behalf of
the City Commission.
Section 4. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 15 day of May, 2018.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Judith;A;� Pyle, CMC
City Clerk
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Mayor — Steven B. Grant
Vice Mayor — Christina L. Romelus
If k
Commissioner — Mack McCray _
I
Commissioner - Justin Katz
.
to R
Commissioner — Joe Casello
xytj
ATTB
VOTE m
Judith;A;� Pyle, CMC
City Clerk
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Man_( Central _Seacrest_Corridor_Phase_I I ).doc
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66 (Corporate Seal)
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PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
Jc�ne
This AGREEMENT is made effective as of)ilay _, 2018, by and between the following parties, for
services in connection with the Project identified below:
OWNER:
The City of Boynton Beach,Florida
100 E.Boynton Beach Boulevard
PO Box 310
Boynton Beach,FL 33425-0310
DESIGN-BUILDER:
RIC-MAN Int. Inc.
1545 NW 27TH Ave.
Pompano Beach,Fl.33069
PROJECT:
Progressive Design-Build Central Seacrest Corridor Utility Improvements Phase II
WHEREAS, the CITY solicited proposals from qualified Design-Build Firms to design, furnish
and construct the Central Seacrest Corridor Utilities Improvements -Contract 2.The project includes but
is not limited to potable water main replacements, reclaimed water main extensions, a forcemain and
stormwater system upgrades, including landscape removal and relocation,exfiltration trench installations,
pavement overlay and miscellaneous upgrades to driveway aprons and sidewalks. The terms Phase 2 and
Contract 2 are used interchangeably in the document,which mean the same.The project area is bordered
on the north by the south right-of way line S.W 4th Avenue,on the east by the FEC Railroad,on the south
by Woolbright Road,and on the west by Interstate 95.
WHEREAS, pursuant to Section 287.055, Florida Statutes, the City of Boynton Beach solicited
proposals for non-exclusive Contracts to perform professional services,and
WHEREAS, at its meeting November 7, 2017 the CITY Commission confirmed the short list and
authorized the proper CITY officials to negotiate this Contract herein after referred to as
Contract No.: ;and
WHEREAS,CITY and DESIGN-BUILDER,in reliance on the proposals set forth in the RFQ
and as later approved and ratified by the CITY as herein above described, now desire to enter into this
Agreement respecting the Project; and
WHEREAS, CITY has determined that entering into this Agreement with DESIGN-BUILDER
for the design and construction of the Project contemplated by this Agreement is in the best interests of
the health,safety,and welfare of the citizens and residents of the CITY of Boynton Beach,Florida;and
Page 1 Progressive Design/Build Agreement Contract#
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
WHEREAS, because there will be inherent efficiencies and economies achieved by the CITY
which will be in the best interest of the health, safety and welfare of the citizens and residents of and the
CITY of Boynton Beach, Florida, the CITY has determined it is appropriate to enter into this Agreement
embracing the design and construction of the Project, all as more fully set forth below;
In consideration of the mutual covenants and obligations contained herein, Owner and Design - Builder
now agree as follows:
Article 1.0 Scope of Work
1.1 Phased Delivery. Owner and Design - Builder will implement the Project on a phased basis.
1.2 Phase 1 Services. Owner has selected Design - Builder on the basis of Design - Builder's
Qualifications for the performance of design, pricing, and other services for the Project during
Phase 1. Design - Builder shall perform such services to the level of completion required for
Design - Builder to establish the Contract Price for Phase 2, as set forth in Section 1.3 below. The
Contract Price for Phase 2 shall be developed during Phase 1 in conjunction with Attachment B.
Design- Builder's Compensation for Phase 1 Services is set forth in Section 1, Phase I, of
Attachment B, Compensation. The level of completion required for Phase 1 Services is defined in
Attachment A, Scope of Work (either as a percentage of design completion or by defined
deliverables).
1.3 Phase 2 Services. Design- Builder's Phase 2 services shall consist of the completion of design
services for the Project, the procurement of all materials and equipment for the Project, the
perfonnance of construction services for the Project, the start-up, testing, and commissioning of
the Project, and the provision of warranty services, all as further described in Attachment A,
Scope of Work. Upon receipt of Design - Builder's proposed Contract Price for Phase 2, Owner
may (a) accept the Contract Price and issue a Notice to Proceed with Phase 2 services, or (b) enter
into a negotiation with Design- Builder on the scope and Contract Price, and, if required, on the
schedule, for Phase 2 services to achieve a mutually acceptable basis on which to proceed, or (c)
reject Design- Builder's proposal for Phase 2 and either (i) cancel the Project, (ii) proceed with
another Design - Builder, or (iii) exercise the "off- ramp" final design provisions of Section 1.4, Off
-Ramp. The Contract Price for Phase 2 Services will be set forth in Section 2, Phase 2, of
Attachment B, Compensation, when mutually agreed between the parties. Once the parties have
agreed upon the Contract Price and Owner has issued a Notice to Proceed with Phase 2, Design -
Builder shall perform the Phase 2 services, all as further described in Attachment A, Scope of
Work, as it may be revised.
1.4 Off -Ramp
1.4.1 The parties acknowledge that Owner's ability to successfully complete the Project may be
significantly impacted if Owner elects to terminate Design- Builder's services at the end of Phase
1, rather than proceeding to Phase 2 under Section 1.3 ( "Phase 2 Services ") and certain design
subconsultants are not available to continue working on the Project. Consequently, Design -
Builder hereby agrees that if Owner terminates Design - Builder for any reason, Owner shall have
the right to contract directly with such design subconsultants for design- related services on this
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PROGRESSIVE DESIGNBUILD AGREEMENT
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Project, and Design- Builder shall take such steps as are reasonably necessary to enable Owner to
implement such relationship. Design- Builder shall provide in any design sub consultancy
agreements that Owner shall have the right to negotiate directly with such design subconsultants
for the continuation of their services with respect to the Project, and that any provisions with
respect to copyright or the ownership of instruments of service confine such right of Owner.
1.4.2 If the parties are unable to reach an agreement on Design- Builder's proposed Contract Price for
Phase 2 under Section 1.3 Within the time limit for acceptance specified in the Proposal, as may
be extended by the mutual agreement of the parties, then the proposed Contract Price shall be
deemed withdrawn and of no effect. In such event, Owner and Design- Builder shall meet and
confer as to how the Project will proceed, with Owner having the following options:
1.4.2.1 Owner may declare Phase 1 Services completed and authorize Design- Builder to continue to
advance the final design of the Project as an extension of Phase 1 or as an Additional Service, as
applicable; or
1.4.2.2 Owner may terminate the relationship with Design - Builder and proceed to exercise its available
options to perform the final design and construction with parties other than Design- Builder.
1.43 If Owner fails to exercise either of its options under Section 1.4.2 in a reasonable period of time,
Design- Builder may give written notice to Owner that it considers this Agreement completed. If
Owner fails to exercise either of the options under Section 1.4.2 within ten (10) days of receipt of
Design- Builder's notice, then this Agreement shall be deemed completed.
1.4.4 If Owner terminates the relationship with Design - Builder under Section 1.4.2.2, or if this
Agreement is deemed completed under Section 1.4.3, then Design - Builder shall have no further
liability or obligations to Owner under this Agreement.
1.5 Completion. Once Design - Builder has received a Notice to Proceed with Phase 2, Design -
Builder shall perform all design and construction services, and provide all material, equipment,
tools, labor, manuals, and start-up and commissioning services for the Project necessary to
complete the Work described in and reasonably inferable from the Contract Documents.
Following Substantial Completion of the Work, Design- Builder shall conduct performance tests
to demonstrate that the Project Performance Criteria have been met, as a condition for Final
Acceptance.
Article 2.0 Contract Documents
2.1 Contract Documents. The Contract Documents are comprised of the following:
2.1.1 All written modifications, amendments and change orders to this Agreement issued in
accordance with Attachment D, General Conditions;
2.1.2 Written Supplementary Conditions, if any, to the General Conditions;
2.1.3 This Agreement, including all exhibits and the following attachments:
Attachment A. Scope of Work
Section 1 Phase 1 Scope of Work
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PROGRESSIVE DESIGNBUILD AGREEMENT
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Section 2 Phase 2 Scope of Work
Attachment B Compensation
Section 1 Phase 1 Services Compensation
Section 2 Contract Price for Phase 2 Services
Attachment C Schedule
Attachment D General Conditions
Attachment E Indemnity, Insurance & Bonding
Attachment F Owner's Permit List
Attachment G Special Conditions
Attachment H Phase One - Design Development / Guaranteed Maximum Price Development/
Scope of Work
2.1.4 Construction Documents prepared and reviewed in accordance with GC 2.4;
2.1.5 The following other documents, if any, attached by reference hereto:
• Request for Qualifications (RFQ) No. 037 - 2821 -17TP, Appendices and Addendum
• Utility Technical Specifications (in project e- Builder folders)
Article 3.0 Interpretation and Intent
3.1 Contract Documents. The Contract Documents are intended to pennit the parties to complete the
Work and all obligations required by the Contract Documents within the Contract Time(s) for the
Phase 1 Compensation and the agreed Contract Price for Phase 2 Services. The Contract
Documents are intended to be complementary and interpreted in hannony so as to avoid conflict,
with words and phrases interpreted in a manner consistent with construction and design industry
standards. In the event of any inconsistency, conflict, or ambiguity between or among the
Contract Documents, the Contract Documents shall take precedence in which they are listed in
Section 2.1 hereof.
3.2 Meanings. Terms, words and phrases used in the Contract Documents, including this Agreement,
shall have the meanings given them in GC 1.2.
3.3 E Entire Agreement. The Contract Documents form the entire agreement between Owner and
Design- Builder and by incorporation herein are as fully binding on the parties as if repeated
herein in their entirety. No oral representations or other agreements have been made by the parties
except as specifically stated in the Contract Documents. Nothing contained in the Contract
Documents shall create any contractual relationship between the Owner, and any Sub - Contractor
or Sub -Sub Contractor.
3.4 Intent. It is the intent of the Contract Documents to describe a functionally complete project
consisting of total design performed by the design professional and construction to be completed
in accordance with the Contract Documents. Any Work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to produce the intended
result will be supplied whether or not specifically called for. When words which have a well -
Page 4 Progressive Design /Build Agreement Contract #
PROGRESSIVE DESIGNBUILD AGREEMENT
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known technical or trade meaning are used to describe Work, materials or equipment such words
shall be interpreted in accordance with that meaning. Reference to standard specifications,
manuals or codes of any technical society, organization or association, or to the laws or
regulations of any governmental authority, whether such reference be specific or by implication,
shall mean the latest standard specification, manual, code or laws or regulations in effect at the
time of contract award, except as may be otherwise specifically stated. However, no provision of
any referenced standard specification, manual or code (whether or not specifically incorporated
by reference in the Contract Documents) shall be effective to change the duties and
responsibilities of City, Design - Builder, or any of their consultants, agents or employees from
those set forth in the Contract Documents,
3.5 Amending and Supplementing Contract Documents. The Contract Documents may be
amended to provide for additions, deletions and revisions in the Work or to modify the teens and
conditions thereof in one or more of the following ways:
3.5.1 A Change Order;
3.5.2 A Written Amendment; or
3.5.3 Work Change Directive
Article 4.0 Ownership of Work Product
Work Product. All reports, drawings, specifications, plans, and all other documents and data
developed by Design Builder for Owner under this Agreement and under all Task Orders shall be
the property of OWNER upon Owner's payment in full without restriction or limitation. Reuse of
these documents for other projects, later remodeling, or future additions shall be at Owner's sole
risk and without any liability to Design Builder.
Article 5.0 Contract Time
5.1 Dates of Commencement.
5.1.1 Design- Builder's Phase l Services shall commence within five (5) days of Design- Builder's
receipt of Owner's Phase 1 Notice to Proceed unless the parties mutually agree otherwise in
writing. The parties shall use their best efforts to complete the Phase 1 Services within the time
durations detailed in Attachment H. Section Entitled; "TIME OF COMPLETION/ SCHEDULE ".
5.1.2 The Phase 2 Services shall commence on the date within five (5) days of Design - Builder's receipt
of Owner's Phase 2 Notice to Proceed ( "Date of Commencement ") unless the parties mutually
agree otherwise in writing.
5.2 Substantial Completion and Final Completion
5.2.1 Substantial Completion of the entire Work shall be achieved no later than O calendar
days after the Date of Commencement or as mutually agreed to by the Owner and Design - Builder
( "Scheduled Substantial Completion Date ").
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PROGRESSIVE DESIGNBUILD AGREEMENT
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5.2.2 Interim milestones and /or Substantial Completion of identified portions of the Work shall be
achieved in accordance with Attachment C, Schedule.
5.2.3 Final Completion of the Work or identified portions of the Work shall be achieved within Sixty
(60) calendar days after Substantial Completion.
5.2.4 All of the dates set forth in this Article 5.0 shall be subject to adjustment in accordance with the
General Conditions.
5.3 Time is of Great Importance. Owner and Design- Builder mutually agree that time is of great
importance with respect to the dates and times set forth in the Contract Documents. Owner agrees
to provide all site access, materials, information, data, and approvals required under the
Contract Documents in a timely manner, as required for Design- Builder to achieve the interim
milestones of the Schedule and the Scheduled Substantial Completion Date.
5.4 Liquidated Damages.
5.4.1 Design - Builder understands that if Substantial Completion is not achieved by the Scheduled
Substantial Completion Date (as it may be extended hereunder), Owner will suffer damages
which are difficult to determine and accurately specify. Design- Builder agrees that if Substantial
Completion is not achieved by the Scheduled Substantial Completion Date (the "LD Date "),
Design- Builder shall pay Owner Two Thousand Five Hundred Dollars ($2,500.00) as liquidated
damages for each day that Substantial Completion extends beyond the LD Date, up to a
maximum of: One hundred Thousand Dollars ($100,000.00).
The foregoing liquidated damages (the "Liquidated Damages ") shall be in lieu of all other
monetary remedies that the Owner shall have in the event of the Design's delay in completing the
Work and the aggregate of all Liquidated Damages shall be capped at the Design Builder's fee
pursuant to the Schedule of Value for that Purchase Order and /or phase GVIP. After Substantial
Completion of the work set forth in each Notice to Proceed, should Design- Builder neglect,
refuse or fail to complete the remaining work in the Notice to Proceed for the work within SIXTY
(60) calendar days from the Substantial Completion date or any approved extension thereof,
Design- Builder shall pay to Owner of sum of ONE THOUSAND DOLLARS, ($1,000.00) for
each calendar day after the time above (plus approved extensions) until final completion and
readiness for final payment. These amounts are not penalties but liquidated damages to Owner.
Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the
impossibility of precisely ascertaining the amount of damages that will be sustained by Owner as
a consequence of such delay, and both parties desiring to obviate any question of dispute
concerning the amount of said damages and the cost and effect of the failure of Design Builder to
complete the Contract on time. The foregoing liquidated damages (the "Liquidated Damages ")
shall be in lieu of all other monetary remedies that the Owner shall have in the event of the
Design's delay in completing the Work and the aggregate of all Liquidated Damages shall be
capped at the Design Builder's fee pursuant to the Schedule of Value for that Purchase Order and
/or phase GMP.
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PROGRESSIVE DESIGNBUILD AGREEMENT
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5.4.2 Owner is authorized to deduct accrued liquidated damage amounts from the monies due Design -
Builder for work under this Agreement provided however, Owner may not make such deductions
until after the Contract time has expired, and credited against retainage initially.
5.5 Early Completion Bonus. If Substantial Completion is achieved on or before days
before the Scheduled Substantial Completion Date (the "Bonus Date "), Owner shall pay Design -
Builder at the time of Final Payment under Section 7.4 hereof an early completion bonus of Ei&
Hundred Dollars ($800.00) for each day that Substantial Completion is achieved earlier than the
Bonus Date. Such Early Completion bonus shall not exceed Sixty Thousand Dollars ($60,000.00)
in the aggregate.
Article 6.0 Compensation and Contract Price
6.1 Phase 1 Compensation. For the Phase 1 Services, Owner shall pay Design— Builder
compensation in. accordance with Section 1, Phase 1, of Attachment B, Compensation.
6.2 Phase 2 Contract Price. For the Phase 2 Services, Owner shall pay Design - Builder in
accordance with Section 2, Phase 2, of Attachment B, Compensation, an agreed Contract Price
equal to Design- Builder's Fee (as defined in Attachment B) plus the Cost of the Work (as defined
in Attachment B), subject to adjustments made in accordance with the General Conditions.
Article 7.0 Procedure for Payment
7.1 Payment for Phase 1 Services
7.1.1 Owner shall compensate Design - Builder monthly for Phase 1 Services performed under the
Agreement per Attachment B, Section 1.
7.1.2 Owner shall pay Design- Builder for Phase 1 Services within thirty (30) days after Owner's
receipt of each properly submitted and accurate Application for Payment in accordance with the
provisions of GC 5 .1 ( "Payment for Phase 1 Services ") and 5.4 ( "Withholding of Payments ").
7.2 Progress Payments for Phase 2 Services
7.2.1 An initial payment of Zero dollars ($0) shall be made upon execution of this Agreement and
credited to Owner's account at final payment.
7.2.2 Design - Builder shall submit to Owner on or before the tenth (10th) day of each month, beginning
with the first month after the Date of Commencement, Design- Builder's Application for Payment
in accordance with GC 5.3 ( "Monthly Progress Payments for Phase 2 Services ").
7.2.3 Owner shall make payment within thirty (30) days after Owner's receipt of each properly
submitted and accurate Application for Payment in accordance with Attachment D - GC 5.3, but
in each case less the total of payments previously made, and less any amounts properly withheld
under GC 5.4 ( "Withholding of Payments ") and Section 7.3 below ( "Retainage on Progress
Payments ").
Page 7 Progressive Design /Build Agreement Contract #
PROGRESSIVE DESIGNBUILD AGREEMENT
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CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
7.2.4 If Design- Builder's Fee is a fixed amount, the amount of Design- Builder's Fee to be included in
Design- Builder's monthly Application for Payment and paid by Owner shall be proportional to
the percentage of the Work completed, less payments previously made on account of Design -
Builder's Fee.
7.3 Retainage on Progress Payments
7.3.1 Owner will retain & percent (10 %) of each Application for Payment provided, however, that
when fifty percent (50 %) of the Work has been completed by Design - Builder, and if the Work is
proceeding satisfactorily, then Owner will not retain any additional amounts from Design -
Builder's subsequent Applications for Payment. Owner will also reasonably consider reducing
retainage for Subcontractors completing their work early in the Project.
7.4 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work,
pursuant to GC 5.7 ( "Substantial Completion "), Owner shall release to Design — Builder all
retained amounts relating, as applicable, to the entire Work or completed portion of the Work,
less an amount equal to the reasonable value of all remaining or incomplete items of Work as
noted in the Certificate of Substantial Completion or other withholdings pursuant to GC 5A.Final
Payment. Design- Builder shall submit its Final Application for Payment to Owner in accordance
with GC 5.8 ( "Final Payment "). Owner shall make payment on Design - Builder's properly
submitted and accurate Final Application for Payment within thirty (30) days after Owner's
receipt of the Final Application for Payment, provided that Design - Builder has satisfied the
requirements for final payment set forth in GC 5.8.2.
7.5 Record Keeping and Financial Controls. Design - Builder acknowledges that this Agreement is to
be administered on an "open book" arrangement relative to Costs of the Work, including the
development and agreement upon the Contract Price for Phase 2 Services. Design- Builder shall
keep full and detailed accounts and exercise such controls as may be necessary for proper
financial management, using accounting and control systems in accordance with generally
accepted accounting principles, and in such accounts as may be necessary for Owner's utility
accounting purposes. During the performance of the Work and for a period of three (3) years after
Final Payment, Owner and Owner's accountants shall be afforded access from time to time, upon
reasonable notice, to Design- Builder's records, books, correspondence, receipts, subcontracts,
purchase orders, vouchers, memoranda and other data relating to the Work, all of which Design -
Builder shall preserve for a period of three (3) years after Final Payment, provided, however, that
such access, review, and audit rights shall not extend to any compensation amounts established on
the basis of fixed rates for overhead or fee, or an agreed fixed sum, or unit rates for any element
of cost.
Article 8.0 Representatives of the Parties
8.1 Owner's Representatives
8.1.1 Owner designates the individual listed below as its Senior Representative ( "Owner's Senior
Representative "), which individual has the authority and responsibility for avoiding and resolving
disputes under GC 8.2.3:
Page 8 Progressive Design /Build Agreement Contract #
PROGRESSIVE DESIGNBUILD AGREEMENT
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CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
Joseph Paterniti, P.E.
Utility Director
124 E Woolbright Road,
Boynton Beach, FL 33435
561- 742 -64023
8.1.2 Owner designates the individual listed below as its Owner's Representative, which individual has
the authority and responsibility set forth in GC 3.4 ( "Owner's Representative "):
Christopher Roschek, P.E.
Projects Manager
124 E Woolbright Road,
Boynton Beach, FL 33435
561- 742 -6413
8.2 Design - Builder's Representatives
8.2.1 Design - Builder designates the individual listed below as its Senior Representative ("Design -
Builder's Senior Representative "), which individual has the authority and responsibility for
avoiding and resolving disputes under GC 8.2.3:
Rene L. Castillo SR
President
RIC -MAN Int. Inc.
1545 NW 27TH Ave.
Pompano Beach, FL. 33069
(954) 426 -1042
Project Team Manager
8.2.2 Design- Builder designates the individual listed below as its Design - Builder's Representative,
which individual has the authority and responsibility set forth in GC 2.1.1:
Michael Jankowski
Vice - President
RIC -MAN Int. Inc.
1545 NW 27TH Ave.
Pompano Beach, FL. 33069
(954) 426 -1042
Article 9.0 Indemnity, Insurance and Bonds
9.1 Indemnity. Indemnification obligations between the parties shall be as set forth in Section 1.0,
Indemnity, of Attachment E, Indemnity, and Insurance & Bonding.
9.2 Insurance. The parties shall procure the insurance coverages set forth in Attachment E,
Indemnity, Insurance & Bonding, in accordance with the General Conditions.
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9.3 Bonds and Other Performance Security. If so required, Design- Builder shall provide a
performance bond and labor and material payment bond or other performance security in
accordance with Section 8.0, Bonds, of Attachment E, Indemnity, and Insurance & Bonding.
Article 10.0 Other Provisions
10.1 Consequential Damages. The Owner- uential damages to the extent eensequentiftl
of example, damages i neuFfed by Owner fer rental expenses, fer less of us e, ifle^'r°, profit
damages against Ownen Net4ing eantaified in this Seetien sha4l be deemed te pr-eelude an awai
ef liquidated damages, when applieable. This pr-evisien sliall sur-vive thfQ, 4Q4q;4iQatiE)f1 4 this
10.2 Limitation of Liability for Consequential Damages.
10.3 Public Records: In order to comply with Florida's public records laws, the Design- Builder shall:
a. Keep and maintain public records that ordinarily and necessarily would be required by Owner
in order to perform the services under the Agreement.
b. Provide the public with access to public records on the same terms and conditions that Owner
would provide the records and at a cost that does not exceed the cost provided in Chapter 119
Florida Statutes or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
d. Meet all requirements for retaining public records and transfer, at no cost, to Owner all public
records in possession of Design Builder upon termination of the Agreement and destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. All records stored electronically must be provided to Owner in a format
that is compatible with the information technology systems of Owner.
e. The Parties agree that public records under this Contract shall not include records that are (a)
protected from disclosure under applicable law, or (b) privileged or confidential information.
10.4 Sovereign Immunity. The parties hereto acknowledge that Owner is a political subdivision of
the state of Florida and enjoys sovereign immunity. Nothing in this Agreement shall be construed
Page 10 Progressive Design /Build Agreement Contract #
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
to require Owner to indemnify Design- Builder or insure Design- Builder for its negligence or to
assume any liability for Design - Builder's negligence. Further, any provision in this Agreement
that requires Owner to indemnify, hold harmless or defend Design- Builder from liability for any
reason shall not alter Owner's sovereign immunity or extend Owner's liability beyond the limits
established in section 768.28, Florida Statutes, as amended.
10.5 Design- Builder. Design - Builder warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the Design - Builder to solicit or secure
this Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or Design- Builder, other than a bona fide employee working solely for Design- Builder
any fee, commission, percentage, gift or other consideration contingent upon or resulting from the
award or making of this Agreement. This prohibition is more frilly set forth in § 287.055(6), Fla.
Stat, as amended.
10.6 Equal Opportunity Employment. Design- Builder agrees that it will not discriminate against
any employee or applicant for employment because of race, color, religion, sex, age or national
origin and will take affirmative steps to ensure that applicants are employed and employees are
treated during employment without regard to race, color, religion, sex, age or national origin. This
provision shall include, but not be limited to the following: employment upgrading, demotion, or
transfer, recruitment advertising, layoff or termination, rates of pay or other forms of
compensation and selection for training, including apprenticeships.
10.7 Independent Contractor. It is expressly acknowledged by the parties hereto that the Design -
Builder is an independent contractor, and nothing contained in this Agreement will be deemed or
construed to create a partnership or joint venture between Owner and Design- Builder or any other
relationship between the parties. Additionally, nothing in this Agreement is intended nor shall be
construed to create an employer /employee relationship.
10.8 Force Majeure. Neither party shall be liable nor deemed to be in default for any delay or failure
in performance under this Agreement or for other interruption of service deemed resulting,
directly or indirectly, from acts of God, civil or military authorities, acts of the public enemy, war
(whether or not declared), riots, insurrections, acts of govermnent, accidents, fires, explosions,
earthquakes, floods, failure of transportation, strikes or any similar or dissimilar cause beyond the
reasonable control of either party.
10.9 Tax Exempt Status. Owner is a tax - exempt entity (State Tax Exempt Certificate No.
8i- 8012621544C -0 and is not obligated to pay sales, use or other similar taxes. If Owner is not
exempt for a particular tax, it will reimburse Design- Builder for those taxes.
10.10 Truth -In- Negotiation Certificate. Signature on this Agreement by Design- Builder shall act as
the execution of a truth -in negotiation certificate stating that factual unit costs supporting the
compensation of the Agreement (and each Task Order) are accurate, complete, and current at the
time of contracting. The original Contract price and any additions thereto shall be adjusted to
exclude any significant sums by which Owner determines the contract price was increased due to
inaccurate, incomplete, or non - current factual unit costs. All such contract adjustments shall be
made within one (1) year
Page 11 Progressive Design /Build Agreement Contract #
PROGRESSIVE DESIGNBUILD AGREEMENT
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10.11 Public Entity Crime Statement. Design - Builder represents that the execution of this Agreement
will not violate Section 287.133(2)(a), F.S., ( "Public Entity Crimes Act ") which provides, in part,
that a person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to
Owner, may not submit a bid on a contract with Owner for the construction or repair of a public
building or public work, may not submit bids on leases of real property to Owner, may not be
awarded or perform work as a contractor, supplier, Subcontractor, or consultant under a contract
with Owner and may not transact business with OWNER in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list. Violation of this section by Design -
Builder shall result in termination of the Agreement by Owner without penalty. In addition to the
foregoing, Design - Builder further represents that there has been no determination, based on an
audit, that it committed an act defined by Section 287.133 Florida Statutes, as a "public entity
crime" and that it has not been formally charged with committing an act defined as a "public
entity crime" regardless of the amount of money involved or whether Design - Builder has been
placed on the convicted vendor list.
10.12 Codes, Ordinances and Laws. The Design - Builder agrees to abide and be governed by all
applicable City, County, State and Federal codes, regulations, building codes, ordinances and
laws which may have a bearing on the Services involved on the projects of each Task Order. All
plans and drawings shall comply with all such codes in effect as of the date of submittal of such
plans and drawings to government officials and agencies for approval. This Agreement shall be
governed by the law of the state of Florida. Design - Builder is familiar with and shall comply with
all laws, ordinances and regulations applicable to the supplies, products, equipment, and software
or services furnished under this Agreement.
10.13 Hazardous Substances. Design- Builder shall notify the Owner of hazardous substances or
conditions not contemplated in the scope of Services of which Design- Builder actually becomes
aware. Upon such notice by Design— Builder, Design- Builder will stop affected portions of its
Services. The parties shall decide if Design- Builder is to proceed with testing and evaluation and
may enter into further agreements as to the additional scope, fee, and terms for such Services.
10.14 Cause of Action. Causes of action between the parties to this Agreement pertaining to acts or
failures to act shall be deemed to have accrued and the applicable statutes of limitations shall
commence to run not later than either-the date of Substantial Completion for acts or failures to act
occurring prior to Substantial Completion, or the date of issuance of the final Certificate for
Payment for acts or failures to act occurring after Substantial Completion.
10.15 Attorney's Fees and Costs. Should it be necessary to bring an action to enforce any of the
provisions of this Agreement, reasonable attorney's fees and costs, including those at the
appellate level, shall be awarded to the prevailing party.
10.16 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same instrument.
10.17 Prior Agreements. Any prior agreements between the parties that are in conflict with the
provisions contained herein are, to the extent of any such conflict, hereby superseded and
repealed by this Agreement.
Page 12 Progressive Design /Build Agreement Contract #
PROGRESSIVE DESIGN/BUILD AGREEMENT
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CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
In executing this Agreement, Owner and Design-Builder each individually represents that it has the
necessary financial resources to fulfill its obligations under this Agreement, arid each has the necessary
corporate approvals to execute this Agreement, and perform the services described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of
which shall be considered an original on the following dates:
DATED this /j�°�"- day of1 u� ,20 I .
CITY OF BOYNTON BEACH
gi...,....„. hv
City Managerctor f k.,-1.40,1
Attest/Authenticated: v t ct `r eis)c ltr\
j /� Title
i
- 4f4 �'C , /� (Corporate Seal) y
Cityerk
Approved as to Form: Attest/Authenticated:
' '
O.fice t;he City Attorney Secretary
Page 13 Progressive Design/Build Agreement Contract#
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
ATTACHMENT A
SCOPE OF WORK
SECTION 1 PHASE 1
1.0 Design- Builder shall exercise reasonable skill and judgment in the furnishing of design services.
Engineering and professional services shall be furnished by licensed employees of Design -
Builder, or by consultants or subcontractors as permitted by the law of the state where the Project
is located. Design - Builder is responsible for the following Preliminary Design -Build Services:
1.1 Preliminary Evaluation. Design - Builder shall conduct and provide a preliminary evaluation of
the Project's feasibility based on the Owner's Phase I Design Development and Performance
Criteria requirements found in Attachment H.
1.2 Preliminary Schedule. Design- Builder shall provide a preliminary schedule for Owner's written
approval. The schedule shall show the activities of Owner and Design - Builder necessary to meet
Owner's
completion requirements.
1.3 Preliminary Estimate. Design - Builder shall prepare for Owner's written approval a preliminary
estimate utilizing area, volume, or similar conceptual estimating techniques. The level of detail
for the estimate shall reflect the Owner's Program and any additional available infornation. If the
preliminary estimate exceeds Owner's budget, Design- Builder shall make written
recommendations to Owner.
1.4 Preliminary Design Documents. Design - Builder shall submit for Owner's written approval
Preliminary Design Documents, based on the Owner's Program and other relevant information.
Preliminary Design Documents shall include updated drawings based on Attachment H
perfonnance criteria, outline specifications and other conceptual documents as further defined
herein illustrating the Project's basic elements, scale and their relationship to the site conditions.
One set of these Documents shall be furnished to Owner. Design- Builder shall update the
preliminary schedule and preliminary estimate based on the Preliminary Design Documents.
1.5 Division of Responsibility. Design- Builder shall prepare for Owner's review a proposed Division
of Responsibility with respect to the Project, showing (a) equipment, materials, labor, and
services to be provided by Design- Builder, (b) access, equipment, materials, data, infonnation,
and approvals to be provided by Owner, and (c) any items necessary for the Project to be
provided by third parties.
1.6 Contract Price Proposal. Based on the Preliminary Design -Build Services, Design - Builder
shall prepare for Owner's consideration a proposed Guaranteed Maximum Contract Price (GMP)
for the Phase 2 Services. ATTACHMENT A Page 2
1.7 Additional Services. Design- Builder shall provide the following additional services, if any:
1.1.7. See Attachment H - Phase 1 Scope of Work
ATTACHMENT A Page 1
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
SECTION 2 PHASE 2
2.1 Completion of Design
2.1.1. Drawings and Specifications
Design- Builder shall submit for Owner's review and written comment, Updated Drawings and
Specifications based on the Contract Documents and the Preliminary Design Documents prepared
under Phase 1 and any further development of Contract Documents that have been approved in
writing by Owner. The Drawings and Specifications shall set forth in detail the requirements for
construction of the Work, and shall be based upon codes, laws or regulations enacted at the time
of their preparation, provided, however, that if such codes, law, or regulations have changed
between the date on which Design- Builder submitted its proposed Contract Price and the date of
preparation, then Design- Builder shall be entitled to an equitable adjustment in the compensation
and / or the Schedule. Construction shall be in accordance with these approved Drawings and
Specifications. One set of these documents shall be furnished to Owner prior to commencement
of construction.
2.1.2. Manuals
Design- Builder shall provide a Commissioning and Startup Manual and an Operations and
Maintenance Manual for the Facility, if Applicable.
2.2 Construction Services
2.2.1. Notice to Proceed Following Owner's written acceptance of Drawings and Specifications under
Paragraph 2.l .l .above, Design- Builder will commence the performance of Construction Services.
2.2.2. Completion In order to complete the Work, Design- Builder shall provide all necessary
construction supervision, inspection, construction equipment, labor, materials, tools, and
subcontracted items.
2.2.3. Compliance Design - Builder shall give all notices and comply with all laws and ordinances
legally enacted at the date of execution of the Agreement which govern the proper performance
of the Work.
2.2.4. Schedule Design- Builder shall prepare and submit a Schedule of Work in the form of a revised
Attachment C, Schedule, for Owner's written approval. This Schedule shall indicate the dates for
the start and completion of the various stages of the construction including the dates when
information and approvals are required from Owner or regulatory agencies. It shall be revised as
required by the conditions of the Work. The Schedule of Work shall be the basis for Design -
Builder's management and control of the project and its reporting of progress to Owner.
2.2.5. Permits Design - Builder shall assist Owner in securing the permits necessary for the construction
of the Project.
2.2.6. Safety and Hazardous Conditions Design - Builder shall take necessary precautions for the
safety of its employees and Subcontractors on the Project, and shall comply with all applicable
provisions of federal, state and municipal safety laws to prevent accidents or injury to persons on,
about or adjacent to the Work Site. Design - Builder, directly or through its Subcontractors, shall
ATTACHMENT A Page 2
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
erect and properly maintain at all times, as required by the conditions and progress of the Work,
necessary safeguards for the protection of workers, any other persons on the site, and the public.
The progress of this Work. The Design - Builder shall protect Owner's property. All damage which
occurs as a result of this Contract shall be promptly restored to at least its original pre- contracted
condition. However, Design- Builder shall not be responsible for the elimination or abatement of
any pre- existing Hazardous Materials at the site or any safety hazards created or otherwise
resulting from work at the Site carried on by Owner or its employees, agents, separate contractors
or tenants. Owner agrees to cause its employees, agents, separate contractors, and tenants to abide
by and fully adhere to all applicable provisions of federal, state and municipal safety laws and
regulations. The Design- Builder shall give all notices and comply with all applicable laws,
ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of
persons or property or their protection from damage, injury or loss. The Design- Builder shall
perform all duties of the Owner that are required under the applicable codes with respect to the
provision providing for supervision as to safe work site for all employees, Sub Contractors and
their employees. The Design- Builder shall erect and maintain, as required by existing conditions
and progress of the Work, all reasonable safeguards for safety and protection including posting
danger signs and other warnings against hazards, promulgating safety regulations and notifying
owners and users of adjacent utilities. The Design - Builder shall also provide both visible and
audible warning devices for all hazardous areas of construction. Such areas must be separated
from normal pedestrian traffic by suitable barricades placed at an appropriate distance from the
hazard. The above provision shall not relieve Subcontractors of their responsibility for the safety
of persons or property in the performance of their work, nor for compliance with all applicable
provisions of relevant laws.
2.2.7. Reports As provided in GC 2.2.1. Design- Builder shall provide monthly written reports to Owner
on the progress of the Work including a system of cost reporting for the Work, and also including
regular monitoring of actual. costs for activities in progress and estimates for uncompleted tasks
and proposed changes in the Work.
2.2.8. Site Maintenance At all times Design - Builder shall maintain the Site of the Work free from
debris and waste materials resulting from the Work. At the completion of the Work, Design -
Builder shall remove from the premises all construction equipment, tools, surplus materials,
waste materials and debris. ATTACHMENT A Page 4
2.3 Hazardous Material
2.3.1 A Hazardous Material is any substance or material identified now or in the future as hazardous
under any federal, state or local law or regulation, or any other substance or material which may
be considered hazardous or otherwise subject to statutory or regulatory requirements governing
handling, disposal and / or clean -up. Design- Builder shall not be obligated to commence or
continue Work until any known or suspected Hazardous Material discovered at the Site has been
removed, rendered or determined to be han by Owner as certified by an independent testing
laboratory and approved by the appropriate government agency.
2.3.2. If after the commencement of the Work, known or suspected Hazardous Material or Hazardous
Conditions are discovered at the Site, Owner and Design- Builder shall proceed in accordance
with the requirements of GC 4.1 ( "Hazardous Conditions & Differing Site Conditions ").
ATTACHMENT A Page 3
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE 11
2.4 Patents & Copyright
2.4.1 Design- Builder shall pay all royalties and license fees which may be due on the inclusion of any
patented or copyrighted materials, methods or systems selected by Design- Builder and
incorporated in the Work. Design- Builder agrees to defend, indemnify and hold Owner harmless
from all suits or claims for infringement of any patent rights or copyrights arising out of such.
2.4.2 Owner shall pay all royalties and license fees which may be due on the inclusion of any patented
or copyrighted materials, methods or systems selected by Owner or specified in the Performance
Criteria or bridging documents to be incorporated in the Work. Owner agrees to defend,
indemnify and hold Design - Builder harmless from any suits or claims of infringement of any
patent rights or copyrights arising out of any such patented or copyrighted materials, methods or
systems specified by Owner.
2.5 Warranties and Completion
2.5.1 Design- Builder's warranty to Owner with respect to construction, including all materials and
equipment furnished as part of the construction, shall be as specified in GC 2.9 ( "Design -
Builder's Warranty ").
2.5.2 Design- Builder's warranty to Owner with respect to the performance of the Facility upon
completion shall be as specified in GC 2.11 ( "Performance Warranty ").
2.5.3. Those products, equipment, systems or materials incorporated in the Work at the direction of or
upon the specific request of Owner shall be covered exclusively by the warranty of the
manufacturer. There are no warranties which extend beyond the description on the face thereof.
2.5.4. No warranty, either express or implied, may be modified, excluded or disclaimed in any
way by Design - Builder. All warranties shall remain in full force and effect, notwithstanding
acceptance and payment by City. Design - Builder shall secure required certificates of
inspection, testing or approval and deliver them to Owner. ATTACHMENT A Page 5
2.5.5. Design- Builder shall collect all written warranties and equipment manuals and deliver them to
Owner.
2.5.6. With the assistance of Owner's maintenance personnel, Design- Builder shall direct the checkout
of utilities and operations of systems and equipment for readiness, and assist in their
commissioning and initial start-up and testing, all in accordance with the permit conditions
2.5.7. See Attachment G - Special Conditions 1 -16
2.6 Limitations of Liability
2.6.1. Limitation of Liability. Design- Builder's liability for Owner's damages for any cause or
combination of causes (including any liquidated damages), whether based upon contract, tort
breach of warranty, negligence, strict liability, or otherwise, shall be limited as set forth in
Section 2 of Attachment E.
ATTACHMENT A Page 4
PROGRESSIVE DESIGNBUILD AGREEMENT
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CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
2.7 Additional Services
Design- Builder shall provide or procure the following Additional Services upon the request of
Owner unless such services are specifically included in the Owner's Program or in an attachment
to this Agreement. A written agreement between Owner and Design - Builder shall define the
extent of such Additional Services and compensation therefor.
2.7.1. Documentation of the Owner's Program, establishing the Project budget (beyond the Cost of the
Work), investigating sources of financing, general business planning and other information and
documentation as may be required to establish the feasibility of the Project.
2.7.2. Consultations, negotiations, and documentation supporting the procurement of Project financing.
2.7.3. Surveys, site evaluations, legal descriptions and aerial photographs. Appraisals of existing
equipment, existing properties, new equipment and developed properties.
2.7.4. Soils, subsurface and environmental studies, reports and investigations required for submission to
governmental authorities or others having jurisdiction over the Project.
2.7.5 Consultations and representations other than noYmal assistance in securing permits, before
governmental authorities or others having jurisdiction over the Project.
2.7.7. Investigation or making measured drawings of existing conditions or the verification of drawings
or other Owner - provided information.
2.7.8. Artistic renderings, models and mockups of the Project or any part of the Project or the Work.
2.7.9. Inventories of existing furniture, fixtures, furnishings and equipment which might be under
consideration for incorporation into the Work. ATTACHMENT A Page 6
2.7.10 Interior design and related services including procurement and placement of furniture,
furnishings, artwork and decorations.
2.7.11 Making revisions to the Preliminary Design, Design Development, or Construction Documents
after they have been reviewed by Owner, and which are due to causes beyond the control of
Design - Builder.
2.7.12 Design, coordination, management, expediting and other services supporting the procurement of
materials to be obtained, or work to be performed, by Owner, including but not limited to
telephone systems, computer wiring networks, sound systems, alarms, security systems and other
specialty systems which are not a part of this Agreement.
2.7.13 Estimates, proposals, appraisals, consultations, negotiations and services in connection with the
repair or replacement of an insured loss.
2.7.14 The premium portion of overtime work ordered by Owner including productivity impact costs.
2.7.15 Document reproduction exceeding the allowances provided for in this Agreement.
ATTACHMENT A Page 5
PROGRESSIVE DESIGNBUILD AGREEMENT
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CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
2.7.16 Obtaining service contractors and training maintenance personnel, assisting and consulting in the
use of systems and equipment after the initial start-up, and adjusting and balancing of systems
and equipment.
2.7.17 Services for tenant or rental spaces or third party facilities not a part of this Agreement.
2.7.18 Services requested by Owner or required by the Work which are not specified in the Contract
Documents and which are not normally part of generally accepted design, construction and start-
up and commissioning practice.
2.7.19 Serving or preparing to serve as an expert witness in connection with any proceeding, legal or
otherwise, regarding the Project
2.7.20 Preparing reproducible (mylar or similar) record drawings from marked -up prints, drawings or
other documents that incorporate significant changes in the Work made during the Construction
Phase.
2.8 Subcontractors. Work not performed by Design - Builder with its own forces shall be performed
by Subcontractors. The provisions of this Agreement and the associated Contract Documents
shall be incorporated into all major subcontracts as defined in "schedule of sub -
consultant/minority business enterprise
2.8.1 Retaining Subcontractors Design - Builder shall not retain any Subcontractor to whom Owner
has a reasonable and timely objection, provided that Owner agrees to compensate Design- Builder
for any additional costs incurred by Design- Builder as provided in GC 23.7..Design Builder shall
not be required to retain any Subcontractor to whom Design- Builder has a reasonable objection.
2.8.2 Management of Subcontractors Design - Builder shall be responsible for the management of
Subcontractors in the perfonnance of their work.
2.8.3 Assignment of Subcontract Agreements Design - Builder shall provide for assignment of
subcontract agreements in the event that Owner terminates this Agreement for cause as provided
in GC 11.2 ( "Owner's Right -to- Perform and Terminate for Cause "). Following such termination,
Owner shall notify in writing those subcontractors whose assignments will be accepted, subject to
the rights of sureties.
SECTION 3 OWNER'S RESPONSIBILITIES
3.1 Information and Services Provided by Owner
3.1.1 Owner shall provide full information regarding requirements for the Project, including the
Owner's Program, Performance Criteria, bridging documents, and other relevant information,
within the times specified in Attachment C, Schedule.
3.1.2 Owner shall provide:
1. All available information describing the physical characteristics of the site, including
surveys, site evaluations, legal descriptions, existing conditions, subsurface and
environmental studies, utilities, reports and investigations;
ATTACHMENT A Page 6
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
2. Inspection and testing services during construction as required by law or as mutually
agreed; and
3. Unless otherwise provided in the Contract Documents, necessary approvals, site plan
review, rezoning, easements and assessments, necessary permits, fees and charges
required for the construction.
3.1.3 Design- Builder shall be entitled to rely on the completeness and accuracy of the information and
services required by this Section 3.1.
3.2 Owner's Responsibilities during Phase 1
3.2.1 If not developed by Owner and Design - Builder under a prior agreement, Owner shall provide the
Owner's Program at the inception of the Design Phase. Owner shall review and timely approve
schedules, estimates, and design documents furnished during the Design Phase as set forth in
Section 3.1.
3.2.2 Owner shall arrange for access to and make all provisions for Design - Builder to enter upon
public and private property as required for Design - Builder to perform Phase 1 services hereunder.
3.2.3 Design - Builder shall be entitled to rely on the completeness and accuracy of the information and
documents to be provided by Owner under this Section 3.2.
3.3 Owner's Responsibilities during Phase 2 Design and Construction
3.3.1 Owner shall review and approve the Schedule as set forth in Attachment C, Schedule, as revised.
3.3.2 If Owner becomes aware of any error, omission or failure to meet the requirements of the
Contract Documents or any fault or defect in the Work, Owner shall give written notice to
Design- Builder within five (5) days of so becoming aware.
3.3.3. Unless otherwise agreed by Design- Builder, Owner shall communicate with Design- Builder's
Subcontractors, Suppliers, and Design Consultants only through Design - Builder. Owner shall
have no contractual obligations to Subcontractors or Suppliers or Design Consultants.
3.3.4 Owner will not provide insurance for the Project as provided in Attachment E, Indemnity,
Insurance, and Bonding.
3.3.5 Owner shall provide timely, clear and adequate access to the site and any laydown areas under
control of the Owner.
3.3.6 Owner shall provide all information, data, and approvals required for Design- Builder's
performance of the Work in a timely and complete manner.
3.3.7 Design- Builder shall be entitled to rely on the completeness and accuracy of the information and
documents to be provided by Owner under this Section 3.3.
3.4 Owner's Representative
Owner's representative, designated in writing and agreed to by Design- Builder:.
1 Shall be fully acquainted with the Project;
ATTACHMENT A Page 7
PROGRESSIVE DESIGNBUILD AGREEMENT
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CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
2 Agrees to furnish the information and services required of Owner when required so as not to
delay the performance of the Work; and
3 Have authority to bind Owner in all matters requiring Owner's approval, authorization or
written notice.
If Owner changes its representative or the representative's authority as listed above, Owner shall notify
Design- Builder in advance in writing. Design - Builder shall have the right to approve any successor
representative.
3.5 City's Responsibilities
3.5.1 See Attachment G - Special Conditions 17 -19
THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY
ATTACHMENT A Page
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
ATTACHMENT A Page 9
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
ATTACHMENT B
COMPENSATION
SECTION 1 PHASE 1 SERVICES- IN ACCORDANCE WITH ATTACHMENT H SCOPE
OF WORK
$3,286,721.07
SECTION 2 CONTRACT PRICE FOR PHASE 2 SERVICES
1.0 Choice of Compensation Method for Phase 2 Services
1.1 The parties may elect to use the Guaranteed Maximum Price ( "GMP ") fonn of compensation for
the Phase 2 Services, or a fixed Contract Price, or cost - reimbursable compensation with a Fixed
Fee. If the GMP form of compensation is to be used, it may be agreed upon before the execution
of this Agreement or will be developed and agreed upon for Phase 2 services. If the parties do not
use a GMP, then the compensation to Design - Builder shall be a fixed Contract Price developed in
accordance with Section 3.0, or shall be based on those fees and costs identified in Section 4.0.
2.0 Guaranteed Maximum Price
S
The GMP will be adjusted following completion of Phase 1.
2.1 Use of a GMP Agreed upon Execution of this Agreement
2.1.1 Design- Builder agrees that upon Owner's request, it will submit its proposal for the Contract Price
on the basis of a Guaranteed Maximum Price for the Phase 2 Services. Design - Builder does not
guarantee any specific line item provided as part of the GMP, but agrees that it will be
responsible for paying all costs of completing the Work, which exceed the GMP, as adjusted in
accordance with the Contract Documents. Documents used as a basis for the GMP shall be
identified in an agreed revision to this Attachment.
2.1.2 The GMP will include an allowance within each work package or task order as determined by the
Design- Builder and approved by the Owner when a maximum price for the work package or task
order has been not been determined at time of GMP. This allowance will be used as the maximum
value for the specific line item and all remaining funds within the work package or task order will
revert to the Owner after the price is determined through competitive bidding or final pricing by
the Design - Builder. If an allowance is not included within the work package or task order line,
the agreed upon price is the maximum for that item. Any savings within the fixed price items will
be included in the savings sharing formula specified in Section 2.3.1.
2.1.3 If the parties so agree, the Phase 2 Services may be divided into separate work packages or task
orders. And Design- Builder shall propose and Owner shall consider for acceptance a separate
GMP for each such work package or task order
2.2 GMP Established at the Commencement Date of Phase 2
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) — Contract
Attachment B
11P c
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
2.2.1 GMP Proposal. If requested by Owner, Design- Builder shall submit to Owner a GMP Proposal
for the Contract Price as part of the Phase I Services, which shall include the following, unless
the parties mutually agree otherwise:
1. A proposed GMP, which shall be the sum of-
i. Design- Builder's Fee as defined in Section 2, Phase 2, of Attachment B,
Compensation;
ii. the estimated Cost of the Work as defined in Section 2, Phase 2, of Attachment
B, Compensation, inclusive of any Design - Builder's allowance as defined in
Section 1.1.2 above; and
iii. if applicable, any prices established under Section 2, Phase 2, of Attachment B,
Compensation.
2. A list of the drawings and specifications, including all addenda, used as the basis for the GMP
proposal;
3. A list of the assumptions, exceptions, and clarifications made by Design- Builder in the
preparation of the GMP Proposal, which list is intended to supplement the information contained
in the drawings and specifications;
4. The Scheduled Substantial Completion Date upon which the proposed GMP is based, to the
extent said date has not already been established under Paragraph 5.2.1 of the Agreement, and a
schedule upon which the Scheduled Substantial Completion Date is based;
5. If applicable, a list of allowances and a statement of their basis;
6. If applicable, a schedule of alternate prices;
7. If applicable, a schedule of unit prices;
8. If applicable, a statement of Additional Services; and
9. The time limit for acceptance of the GMP Proposal.
2.2.2 Review and Adjustment to GMP Proposal. After submission of the GMP Proposal, Design -
Builder and Owner shall meet to discuss and review the GMP Proposal. If Owner has any
comments regarding the GMP Proposal, or finds any inconsistencies or inaccuracies in the
information presented, it shall promptly give written notice to Design - Builder of such comments
or findings. If appropriate,
Builder shall, upon receipt of Owner's notice, make appropriate adjustments to the GMP Proposal.
2.2.3 Acceptance of GMP Proposal. If Owner accepts the GNIP Proposal, as may it be amended by
Design- Builder, the GMP and its basis shall be set forth in an amendment to this Agreement.
2.2.4 Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal, or fails to notify
Design- Builder in writing on or before the date specified in the GMP Proposal that it accepts the
GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event,
21FaFc
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment B
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
Owner and Design- Builder shall meet and confer as to how the Project will proceed, with Owner
having the following options:
1. Owner may suggest modifications to the GMP Proposal, whereupon, if such modifications are
accepted in writing by Design - Builder, the GMP Proposal shall be deemed accepted and the
parties shall proceed in accordance with Section 2.2.3 above;
2. Owner may authorize Design - Builder to continue to proceed with the Work on the basis of
reimbursement as provided in Section 2, Phase 2, of Attachment B, Compensation, without a
GMP in which care all references in this Agreement to the GMP shall not be applicable; or
3. Owner may terminate this Agreement for convenience in accordance with GC 9.2
( "Termination for Convenience ") If Owner fails to exercise any of the above options, Design -
Builder shall have the right to (ii) suspend performance of Work in accordance with GC 9.4
( "Design- Builder's Right to Stop Work ").
2.2.5 Conversion. The parties may agree at any time to convert the agreed GMP to a Fixed Contract
Price for the completion of the Phase 2 Services.
2.3 Savings
2.3.1 Savings Sharing. If the sum of the actual Cost of the Work and Design - Builder's Fee (and, if
applicable, any prices established under Paragraph 6.2 of the Agreement) is less than the GMP, as
such GMP may have been adjusted over the course of the Project, the difference ( "Savings ") shall
be shared as follows:
Forty percent (40 %) to Design- Builder and Sixty percent (60 %) to Owner. The Design Builder
shared savings shall not exceed Two Hundred Thousand ($200,000.00).
2.3.2 Savings Calculation. Savings shall be calculated and paid as part of Final Payment under Section
7.4 of the Agreement, with the understanding that to the extent Design Builder incurs costs after
Final Completion which would have been payable to Design- Builder as a Cost of the Work,
Design- Builder shall be entitled to payment from Owner for that portion of such costs that were
distributed to Owner as Savings.
2.4 Basis
Documents used as a basis for the GMP shall be identified in a mutually agreed revision to this
Attachment.
3.0 Fixed Contract Price
3.1 If the parties initially agree that the Phase 2 Services shall be performed on the basis of a Fixed
Contract Price, then the Design- Builder shall develop the proposed Contract Price on an "open
book" basis and present it to Owner for review and approval with the exception of proprietary
information.
3.2 Once the Fixed Contract Price is agreed, then this Agreement shall be amended to establish the
Fixed Contract Price as the basis for the performance of the Phase 2 Services.
31 1':�;c
RF4# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment B
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
4.0 Cost Reimbursable plus Design - Builder's Fee
4.1 If the parties agree that the Phase 2 Services shall be performed on a Cost Reimbursable basis
plus a Fixed Design - Builder's Fee, then the Design - Builder shall develop an estimated Contract
Price on an "open book" basis and present it to Owner for review and approval.
4.2 The cost - reimbursable elements of the Work shall be those set forth in Section 4.4 ( "Cost of the
Work ").
4.3 Design- Builder's Fee shall be:
Six percent (6.0 %) of the Cost of the Work, as adjusted in accordance with Section 2.1. above.
4.3.1 Design - Builder's Fee will be adjusted as follows for any changes in the Work: Same as 4.3
above.
4.4 Cost of the Work.
The term "Cost of the Work" shall mean costs reasonably incurred by Design - Builder in the
proper performance of the Work. Such costs shall be at rates not higher than the standard paid at
the place of the Project, except with prior consent of the Owner. The Cost of the Work shall
include only the foiiowing:
Wages of direct employees of Design- Builder performing the Work at the Site or, with
Owner's agreement, at locations off the Site, provided, however. That the costs for those
employees of Design Builder performing design services shall be calculated on the basis
of prevailing market rates for design professionals performing such services or, if
applicable, those rates set forth in an exhibit to this Agreement.
2. Wages or salaries of Design - Builder's supervisory and administrative personnel engaged
in the performance of the Work and who are located at the Site or working off -Site to
assist in the production or transportation of material and equipment necessary for the
Work.
3. Wages or salaries of Design - Builder's personnel stationed at Design- Builder's principal or
branch offices and performing design and Project administration functions. However,
such costs shall be excluded from fee as listed in Section 4.3 above.
4. Costs incurred by Design - Builder for employee benefits, premiums, taxes, insurance,
contributions and assessments required by law, collective bargaining agreements, or
which are customarily paid by Design - Builder, to the extent such costs are based on
wages and salaries paid to employees of Design- Builder covered under Paragraphs 2.2.1
through 2.2.3 hereof.
5. The reasonable portion of the cost of travel, accommodations and meals for Design
Builder's personnel necessarily and directly incurred in connection with the performance
of the Work.
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment B
41P e
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
6. Payments properly made by Design - Builder to Subcontractors and Design Consultants
for performance of portions of the Work, including any insurance and bond premiums
incurred by Subcontractors and Design Consultants.
7. Costs incurred by Design - Builder in repairing or correcting defective, damaged or
nonconforming Work, provided that such defective, damaged or nonconforming Work
resulted from causes other than the fault or neglect of the Design- Builder, or those
working by or through Design- Builder. If the costs associated with such defective,
damaged or nonconfonning Work are recoverable from insurance, Design- Builder shall
use its best efforts to obtain recovery from the appropriate source and credit Owner if
recovery is obtained.
8. Costs, including transportation, inspection, testing, storage and handling, of materials,
equipment and supplies incorporated or reasonably used in completing the Work.
9. Costs less salvage value of materials, supplies, temporary facilities, machinery, vehicles,
equipment and hand tools not customarily owned by the workers that are not fully
consumed in the performance of the Work and which remain the property of Design
Builder, including the costs of transporting, inspecting, testing, handling, installing,
maintaining, dismantling and removing such items.
10. Costs of removal of debris and waste from the Site.
11. The reasonable costs and expenses incurred in establishing, operating and demobilizing
the Site office, including the cost of facsimile transmissions, long- distance telephone
calls, postage and express delivery charges, telephone service, photocopying and
reasonable petty cash expenses.
12. Rental charges and the costs of transportation, installation, minor repairs and
replacements, dismantling and removal of temporary facilities, machinery, equipment and
hand tools not customarily owned by the workers, which are provided by Design- Builder
at the Site, whether rented from Design - Builder or others, and incurred in the
performance of the Work.
13. Premiums for insurance and bonds required by this Agreement or the performance of the
Work. However, such costs shall be excluded from fee as listed in Section 4.3 above.
14. All fuel and utility costs incurred in the performance of the Work.
15. Sales, use or similar taxes, tariffs or duties incurred in the performance of the Work.
16. Legal costs, court costs and costs of mediation and arbitration reasonably arising from
Design - Builder's performance of the Work provided such costs do not arise from disputes
between Owner and Design - Builder.
17. Costs for permits, royalties, licenses, tests and inspections incurred by Design- Builder as
a requirement of the Contract Documents.
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) — Contract
Attachment B
51 P,,r c
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
18. The cost of defending suits or claims for infringement of patent rights arising from the
use of a particular design, process, or product required by Owner, paying legal judgments
against Design - Builder resulting from such suits or claims, and paying settlements made
with Owner's consent.
19. Deposits, which are lost, except to the extent caused by Design- Builder's negligence.
20. Costs incurred in preventing damage, injury or loss in case of an emergency affecting the
safety of persons and property.
21. Other costs reasonably and properly incurred in the performance of the Work to the
extent approved in writing by Owner.
4.5 Non - Reimbursable Costs
The following shall be excluded from the Cost of the Work:
1. Compensation for Design - Builder's personnel stationed at Design - Builder's principal or
branch offices or offices other than the site office except as provided for in Paragraphs
4.4.1, 4.4.2 and 4.4.3, hereof.
2. Overhead and general expenses, except as provided for in Section 4.4.2 hereof, or which
may be recoverable for changes to the Work.
3. The cost of Design- Builder's capital used in the performance of the Work.
4. Rental costs of machinery and equipment, except as specifically provided in Paragraph
4.4.12, hereof.
5. Costs due to the negligence of the Design - Builder, Subcontractors, or anyone else
directly or indirectly employed by any of them, or for whose acts any of them may be
liable, including, but not limited to costs for the correction of damaged, defective or
nonconforming Work, disposal and replacement of materials and equipment incorrectly
ordered or supplied, and making good damage to property not forming part of the Work,
but only to the extent such costs cause the GMP to be exceeded.
6. Costs, if any, which would cause the GMP, as may be amended from time to time in
accordance with this Agreement, to be exceeded except to the extent such costs were due
to the sole fault of Owner.
7. Costs for general cleanup of the jobsite will be included as part of the Cost of the Work in
the GMP
8. Any other labor related costs not defined under Paragraph 4.4.1 that is not approved in by
the Owner at the time of the GMP.
9. Expenses for travel, including Design - Builder - supplied vehicles for personal use,
incurred by Design- Builder's employees while traveling for purposes other than the direct
execution of work or training.
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment B
6I P.
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
10. Any legal fees arising out of a dispute between the Owner and Design- Builder. This
includes the negotiation of a Contract between the Owner and Design Builder.
4.6 Contract Price
The Contract Price shall be the sum of the Design - Builder's Fee under Section 4.3 plus the
amount agreed between Owner and Design - Builder for the Cost of the Work under Section 4.4.
When agreed, the Contract Price is stated to be:
Dollars ($
4.7 Establishment of Guaranteed Maximum Price see Attachment G - Special Conditions 20.
THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY
RFCI # 037- 282I917/TP Central Seacrest Corridor Utility Phase I (Design Build) -- Contract
Attachment B
7�. rc
PROGRESSIVE DESIGN/BUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE 11
ATTACHMENT C
SCHEDULE
SECTION I PHASE I
1.0 Phase I Schedule will be developed as part of Phase I Proposal.
SECTION 1 PHASE 2
1.0 Phase 2 Schedule will be included with the GMP deliverable package.
THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY
11 P �-, %, � (
RFQ 4 037-2821-17/TP Central Seacrest Corridor Utility Phase It (Design Build) --Contract
Attachment C
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE I1
ATTACHMENT D
GENERAL CONDITIONS
GC 1.0 General
1.1 Mutual Obligations
1.1.1 Owner and Design - Builder agree to cooperate fully with each other at all time, to permit each
party to realize the benefits afforded under the Contract Documents.
1.1.2 These General Conditions ( "GC ") may be supplemented, varied, or revised through
Supplementary Conditions ("SC"), as attached.
1.2 Basic Definitions
1.2.1 Agreement refers to the executed contract between Owner and Design- Builder with respect to the
Project
1.2.2 Bonus Date has the meaning given in Section 5.5 of the Agreement.
1.2.3 Change in Law has the meaning given in GC 8.1.2.
1.2.4 Changed Condition has the meaning given in GC 8.1.
1.2.5 Change Order has the meaning given in GC 7.1.
1.2.6 Construction Warranty has the meaning given in GC 2.9.
1.2.7 Construction Warranty Period is that period specified in GC 2.10.1,
1.2.8 Contract Documents has the meaning given in Section 2.1 of the Agreement.
1.2.9 Contract Price has the meaning given in Section 6.2 of the Agreement and Section 2, Phase 2, of
Attachment B. Compensation.
1.2.10 Contract Times) shall mean the times for perfonnance of the Work by Design- Builder and the
delivery of items and approvals by Owner set forth in Article 5 ( "Contract Time ") of the
Agreement and Attachment C, Schedule.
1.2.11 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract
Documents.
1.2.12 Design Build Fee shall mean the percentage as set forth in Attachment B 4.3 of this contract.
1.2.13 Design Consultant, if any, is a qualified, licensed design professional who is not an employee of
Design - Builder, but is retained by Design- Builder, or employed or retained by anyone under
contract with Design - Builder or Subcontractor, to furnish design services required under the
Contract Documents.
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment D
1 I P a c°
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
1.2.14 Design Criteria means those documents which define the Owner's criteria for the scope, quality,
and function of the proposed facility, and which may be expanded to outline Owner's project cost
limitations and schedule requirements.
1.2.15 Differing Site Conditions has the meaning given in GC 4.2.1.
1.2.16 Early Completion Bonus has the meaning given in Section 5.5 of the Agreement.
1.2.17 Electronic Data has the meaning given in GC 11.1.1.
1.2.18 Extended Performance Warranty is Design- Builder's warranty under GC 2.11.2 that the
completed Facility shall be capable of meeting the Performance Standards in Attachment F
throughout the Performance Warranty Period.
1.2.19 Project is the physical facility to be designed and constructed for Owner as defined by the scope
and contract documents.
1.2.20 Project Performance Criteria means the Owner's criteria for the performance of the project as
described in Attachment H Phase 1 Design Development.
1.2.21 Final Acceptance of the Project shall be deemed to have occurred upon final payment pursuant to
GC 5.8.
1.2.22 General Conditions refer to this Attachment D, General Conditions.
1.2.23 Hazardous Conditions are any materials, wastes, substances and chemicals deemed hazardous
under applicable Legal Requirements, or which handling, storage, remediation, or disposal
applicable Legal Requirements regulate.
1.2.24 Hazardous Materials has the meaning given in Section 2.3 of Attachment A, Scope of Work.
1.2.25 Indemnified Parties, with respect to Work Product, has the meaning given in Section 9.1 of the
Agreement.
1.2.26 Legal Requirements are all federal, state and local laws, codes, ordinances, rules, regulations,
orders and decrees of any government or quasi - government entity having jurisdiction over the
Project or Site, the practices involved in the Project or Site, or any Work which are applicable as
of the date of Design - Builder's proposal to Owner, and, subject to the Change in Law provisions
of GC 8 1.2, which become applicable during the Contract Time.
1.2.27 Liquidated Damages means such damages as may be assessed under Section 5.4 of the
Agreement.
1.2.28 Liquidated Damages Date has the meaning given in Section 5.4 of the Agreement.
1.2.29 Manuals means the Commissioning and Startup Manual and the Operations and Maintenance
Manual and such other manuals as the parties may agree to be provided.
1.2.30 Open Book Pricing- The method in which the design -build firm provides the Owner, at the
Owner's request, all books, records, documents, contracts, subcontracts, purchase orders, and
other data in its possession pertaining to the bidding, pricing, or performance of a contract for
2 1 F s e
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment D
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
design -build services awarded to the design -build firm with the exception of proprietary
information.
1.2.31 Owner's Program means the overall definition of Owner's requirements for the Project, including
Owner's Project Criteria, all materials, equipment and other items to be provided by Owner, and
all items to be provided by third parties.
1.2.32 Owner's Project Criteria are developed by or for Owner to describe Owner's Program
requirements and objectives for the Project, including use, space, price, time, site and
expandability requirements, as well as submittal requirements and other requirements governing
Design - Builder's performance of the Work. Owner's Project Criteria may include conceptual
documents, Design Criteria, Facility Performance Criteria, performance test, wage rate
requirements, MBE /WBE requirements, and other Project - specific technical materials and
requirements.
1.2.33 Owner's Representative means the individual selected and authorized by Owner to act upon
Owner's behalf with respect to Design- Builder and the performance of this Agreement, in
accordance with GC 3.4, and identified by Owner in writing within ten (10) days of execution of
this Agreement.
1.2.34 Performance Warranty has the meaning given in GC 2.11.
1.2.35 Project is the design and construction of the Owner's Facility, including start -up, testing and the
provision of manuals, warranties, as -built drawings and specifications, spare parts, and all other
items required to be provided under this Agreement.
1.2.36 Schedule means that Schedule for the performance of the Work in accordance with the Contract
Time(s) set forth in Attachment C, Schedule, as revised from time to time.
1.237 Site is the land or premises on which the Project is located, including any separate laydown or
storage areas.
1.2.38 Subcontractor is any person or entity retained by Design- Builder as an independent contractor to
perform a portion of the Work and shall include materialmen and suppliers.
1.2.39 Sub - Subcontractor is any person or entity retained by a Subcontractor as an independent
contractor to perform any portion of a Subcontractor's Work and shall include materialmen and
suppliers.
1.2.40 Substantial Completion is the date on which the Work, or an agreed upon portion of the Work, is
sufficiently complete so that Owner can occupy and use the Project or a portion thereof for its
intended purposes.
1.2.41 Certificate of Substantial Completion is that Certificate issued by Owner to Design - Builder
pursuant to GC 5.7.1.
1.2.42 Uncontrollable Circumstances are those acts, omissions, conditions, events, or circumstances
beyond the control of Design- Builder and due to no fault of its own or those for whom
DesignBuilder is responsible. By way of example (and not limitation), Uncontrollable
3AP Ji €'c
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment D
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
Circumstances include acts or omissions of Owner or anyone under Owner's control (including
separate contractors), changes in the Work, Differing Site Conditions, Hazardous Conditions,
wars, floods, labor disputes, unusual delay in transportation, epidemics, earthquakes, adverse
weather conditions not reasonably anticipated, and other circumstances beyond the reasonable
control of the party affected.
1.2.43 Work is comprised of all Design - Builder's design, construction, start-up, testing, warranty, and
other services required to by the Contract Documents, including procuring and furnishing all
materials, equipment, services and labor reasonably inferable from the Contract Documents, plus
manuals and documentation required by the Contract Documents.
GC 2.0 Design - Builder's Services and Responsibilities
2.1 General Services
2.1.1 Design- Builder's Representative shall be reasonably available to Owner and shall have the
necessary expertise and experience required to supervise the Work. Design- Builder's
Representative shall communicate regularly with Owner and shall be vested with the authority to
act on behalf of Design- Builder. Design - Builder's Representative may be replaced only with the
mutual agreement of Owner and Design - Builder.
2.1.2 Design - Builder shall provide Owner on a monthly basis a status report detailing the progress of
the Work, including whether (i) the Work is proceeding according to schedule, (ii) discrepancies,
conflicts, or ambiguities exist in the Contract Documents that require resolution, (iii) health and
safety issues exist in connection with the Work, (iv) other items require resolution so as not to
jeopardize Design - Builder's ability to complete the Work for the Contract Price and within the
Contract Time(s), and (v) such other items as Owner may reasonably require.
2.1.3 Design - Builder shall prepare and submit, at least three (3) days prior to the meeting contemplated
by GC 2.1.4, a preliminary schedule for the execution of the Work for Owner's review and
response. The schedule shall indicate the dates for the start and completion of the various stages
of Work, including the dates when Owner information and approvals are required to enable
Design- Builder to achieve the Contract Time(s). When agreed between the parties, such schedule
shall be attached hereto as Attachment C, Schedule. The Schedule shall be revised as required by
conditions and progress of the Work, but such revisions shall not relieve Design- Builder of its
obligations to complete the Work within the Contract Time(s), as such, dates may be adjusted in
accordance with the Contract Documents. Owner's review of and response to the Schedule shall
not be construed as relieving Design- Builder of its complete and exclusive control over the
means, methods, sequences and techniques for executing the Work.
2.1 A The parties will meet, within seven (7) days after execution of the Agreement, to discuss issues
affecting the administration of the Work and to implement the necessary procedures, including
those relating to submittals, review and approval turn-around times contained in the Schedule,
and payment, to facilitate the ability of the parties to perform their obligations under the Contract
Documents.
RF4# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase it (Design Build) -- Contract
Attachment D
4 1 P t - c;
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
2.1.5 At the completion of Phase 1 Services, the parties may agree upon a revised Schedule to reflect
the intended scope of Phase 2 Services and as the basis for the Contract Price to be agreed for the
Phase 2 services.
2.2 Design Professional Services
2.2.1 Design- Builder shall, consistent with applicable state licensing laws, provide through qualified,
licensed design professionals employed by Design - Builder, or procured from a qualified,
independent licensed Design Consultant, the necessary design services, including architectural,
engineering and other design professional services, for the preparation of the required drawings,
specifications and other design submittals to permit Design - Builder to complete the Work
consistent with the Contract Documents. Nothing in the Contract Documents is intended or
deemed to create any legal or contractual relationship between Owner and any independent
Design Consultant. Design and permitted plans for the Central Seacrest Corridor Drainage
Improvements and Watermain Replacement Contract 2 are provided and are to be utilized along
with the project performance criteria, for development of a GMP. Construction engineering and
inspection associated with the construction of this portion on the projects will be required.
2.3 Standard of Care for Design Professional Services
2.3.1 The standard of care for all design professional services performed to execute the Work shall be
the care and skill ordinarily used by members of the design profession practicing under similar
conditions at the same time and locality of the Project. Design - Builder, its Design Consultants,
and its Subcontractors may reasonably rely on the accuracy and completeness of Owner's Project
Criteria.
2.4 Design Development Services
2.4.1 Design - Builder and Owner shall, consistent with any applicable provision of the Contract
Documents, agree upon any interim design submissions that Owner may wish to review, which
interim design submissions may include design criteria, drawings, diagrams and specifications
setting forth the Project requirements. Such agreement may specify the percentage completion of
the design documents to be submitted for such review and comment. On or about the time of the
scheduled submissions, Design- Builder and Owner shall meet and confer about the submissions,
with Design - Builder identifying during such meetings, among other things, the evolution of the
design and any significant changes or deviations from the Contract Documents, or, if applicable,
previously submitted design submissions. Minutes of the meetings will be maintained by Design -
Builder and provided to all attendees for review. Following the design review meeting, Owner
shall review and comment on the interim design submissions in a time frame that is consistent
with the turnaround times set forth in the Schedule.
2.4.2 Design- Builder shall submit to Owner Construction Documents setting forth in detail drawings
and specifications describing the requirements for construction of the Work. The Construction
Documents shall be consistent with the latest set of interim design submissions; as such,
submissions may have been modified in a design review meeting. The parties shall have a design
review meeting to discuss, and Owner shall review and may comment on the Construction
Documents in accordance with the procedures set forth GC 2.4.1. Design - Builder shall proceed
51F.
RFQ # 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) — Contract
Attachment D
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
with construction in accordance with the approved Construction Documents and shall submit one
set of approved Construction Documents to Owner prior to commencement of construction.
2.4.3 Owner's review and approval of interim design submissions and the Construction Documents is
for mutually establishing a conformed set of Contract Documents compatible with the
requirements of the Work. Neither Owner's review nor approval of any interim design
submissions and Construction Documents shall be deemed to transfer any design liability from
Design- Builder to Owner.
2.4.4 To the extent not prohibited by the Contract Documents or Legal Requirements, Design - Builder
may prepare interim design submissions and Construction Documents for a portion of the Work
to permit construction to proceed on that portion of the Work prior to completion of the
Construction Documents for the entire Work.
2.5 Legal Requirements
2.5.1 Design- Builder shall perform the Work in accordance with all Legal Requirements and shall
provide all notices applicable to the Work as required by the Legal Requirements.
2.5.2 The Contract Price and /or Contract Time(s) shall be adjusted to compensate Design - Builder for
the effects of any changes in the Legal Requirements enacted after the date of the Agreement
affecting the performance of the Work. Such effects may include, without limitation, revisions
Design - Builder is required to make to the Construction Documents because of changes in Legal
Requirements.
2.6 Government Approvals and Permits
2.6.1 Except as identified in Attachment F, Owner's Pen List, Design - Builder shall obtain and pay
for all necessary permits, approvals, licenses, government charges and inspection fees required
for the prosecution of the Work by any government or quasi - government entity having
jurisdiction over the Project.
2.6.2 Design- Builder shall provide reasonable assistance to Owner in obtaining those permits,
approvals and licenses that are Owner's responsibility.
2.7 Design- Builder's Phase 2 Construction Services
2.7.1 Unless otherwise provided in the Contract Documents to be the responsibility of Owner or a
separate contractor, Design- Builder shall provide through itself or Subcontractors the necessary
supervision, labor, inspection, testing, start-up, material, equipment, machinery, temporary
utilities and other temporary facilities to permit Design - Builder to complete construction of the
Project consistent with the Contract Documents.
2.7.2 Design - Builder shall perform all construction activities efficiently and with the requisite skill and
exercise complete and exclusive control over the means, methods, sequences and
techniques of construction.
2.7.3 Design- Builder shall employ only Subcontractors who are duly licensed and qualified to perform
the Work consistent with the Contract Documents. Owner may reasonably object to Design-
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) — Contract
Attachment D
6 1 F< .
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
Builder's selection of any Subcontractor, provided that the Contract Price and /or Contract Time(s)
shall be adjusted to the extent that Owner's decision impacts Design - Builder's cost and /or time of
performance.
2.7.4 Design - Builder assumes responsibility to Owner for the proper performance of the Work of
Subcontractors and any acts, errors or omissions in connection with such performance. Nothing in
the Contract Documents is intended or deemed to create any legal or contractual relationship
between Owner and any Subcontractor or Sub - Subcontractor, including but not limited to any
third -party beneficiary rights.
2.7.5 Design- Builder shall coordinate the activities of all Subcontractors.
2.7.6 If Owner performs other work on the Project or at the Site with separate contractors under
Owner's control, Design- Builder agrees to reasonably cooperate and coordinate its activities with
those of such separate contractors so that the Project can be completed in an orderly and
coordinated manner without unreasonable disruption. Unreasonable disruption or interference by
Owner's separate contractors may result in a request for a Contract Adjustment under GC 8.1.3.
2.7.7 Design- Builder shall keep the Site reasonably free from debris, trash and construction wastes to
permit Design - Builder to perform its construction services efficiently, safely and without
interfering with the use of adjacent land areas.
2.7.8 Upon Substantial Completion of the Work, or a portion of the Work, Design - Builder shall remove
all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the
Work or applicable portions thereof to permit Owner to occupy the Project or a portion of the
Project for its intended use. Such partial occupancy or use may commence whether or not the
portion is substantially complete, provided the Owner and Contractor have accepted in writing the
responsibilities assigned to each of them for payments, retainage, if any, security, maintenance,
heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the
period for correction of the Work and commencement of warranties required by the Contract
Documents.
2.8 Design - Builder's Responsibility for Project Safety
2.8.1 Design- Builder recognizes the importance of performing the Work in a safe manner so as to
prevent damage, injury or loss to (i) all individuals at the Site, whether working or visiting, (ii)
the Work, including materials and equipment incorporated into the Work or stored on -Site or off -
Site, and (iii) all other property at the Site or adjacent thereto. Design- Builder assumes
responsibility for implementing and monitoring all safety precautions and programs related to the
performance of the Work. Design- Builder shall, prior to commencing construction, designate a
Safety Representative with the necessary qualifications and experience to supervise the
implementation and monitoring of all safety precautions and programs related to the Work, and
shall develop a Project Safety Program, which shall be implemented at the Project Site during the
performance of the Work. Unless otherwise required by the Contract Documents, Design -
Builder's Safety Representative shall be an individual stationed at the Site who may have
responsibilities on the Project other than safety. The Safety Representative shall make routine
RFQ# 037 - 2821 -17/TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment D
7 1 r, c,
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
daily inspections of the Site and shall hold weekly safety meetings with Design - Builder's
personnel, Subcontractors and others as applicable.
2.8.2 Design- Builder and Subcontractors shall comply with all Legal Requirements relating to safety,
as well as any Owner- specific safety requirements set forth in the Contract Documents and
incorporated into the Project Safety Program, provided that such Owner - specific requirements do
not violate any applicable Legal Requirement. Design- Builder will immediately report in writing
any safety - related injury, loss, damage or accident arising from the Work to Owner's
Representative and, to the extent mandated by Legal Requirements, to all government or
quasigovernment authorities having jurisdiction over safety- related matters involving the Project
or the Work.
2.8.3 Design- Builder's responsibility for safety under this GC 2.8 is not intended in any way to relieve
Subcontractors and Sub- Subcontractors of their own contractual and legal obligations and
responsibility for (i) complying with all Legal Requirements, including those related to health and
safety matters, and (ii) taking all necessary measures to implement and monitor all safety
precautions and programs to guard against injury, losses, damages or accidents resulting from
their performance of the Work.
2.8.4 Owner shall require that its officers, employees, guests, visitors, and other contractors entering
the Project Site comply with the Project Safety Program then in effect.
2.9 Construction Warranty
2.9.1 Design- Builder warrants to Owner that the construction, including all materials and equipment
furnished as part of the construction, shall be new unless otherwise specified in the Contract
Documents, of good quality, in conformance with the Contract Documents and free of defects in
materials and workmanship. Design- Builder's warranty obligation excludes defects caused by
abuse, alterations, or failure to maintain the Work by persons other than Design - Builder or
anyone for whose acts Design- Builder may be liable.
2.9.2 Nothing in this warranty is intended to limit any manufacturer's warranty which provides Owner
with greater warranty rights than set forth in this GC 2.9 or the Contract Documents. Design -
Builder will provide Owner with all manufacturers' warranties upon Substantial Completion.
2.10 Correction of Defective Work
2.10.1 Construction Warranty Period. Design- Builder agrees to correct any Work that is found not to be
in conformance with the Contract Documents, including that part of the Work subject to GC2.9,
within a period of one (1) year from the date of Substantial Completion of the Work or any
portion of the Work, or within such longer period to the extent required by the Contract
Documents.
2.10.2 Correction of Non- Conforming Work. Design- Builder shall, within seven (7) days of receipt of
written notice from Owner that the Work is not in conformance with the Contract Documents,
take meaningful steps to commence correction of such nonconforming Work, including the
correction, removal or replacement of the nonconforming Work and any damage caused to other
parts of the Work affected by the nonconforming Work. If Design - Builder fails to commence the
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment D
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
necessary steps within such seven (7) day period, Owner may, in addition to any other remedies
provided under the Contract Documents provide Design- Builder with written notice that Owner
will commence correction of such nonconforming Work with its own forces. If Owner does
perform such corrective Work, Design - Builder shall be responsible for all reasonable costs
incurred by Owner in performing such correction. If the nonconforming Work creates an
emergency requiring an immediate response, the seven (7) day periods identified herein shall be
deemed inapplicable.
2.10.3 The one (1) year period referenced in GC 2.1 0.1 applies only to Design - Builder's obligation to
correct nonconforming Work and is not intended to constitute a period of limitations for any other
rights or remedies Owner may have regarding Design- Builder's other obligations under the
Contract Documents.
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RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment D
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
GC 3.0 Owner's Services and Responsibilities
3.1 Duty to Cooperate
3.1.1 Owner shall, throughout the performance of the Work, cooperate with Design- Builder and
perform its responsibilities, obligations and services in a timely manner to facilitate
DesignBuilder's timely and efficient performance of the Work and so as not to delay or interfere
with Design - Builder's performance of its obligations under the Contract Documents.
3.1.2 Owner shall provide reviews and approvals of interim design submissions and Construction
Documents consistent with the tum- around times set forth in the Schedule. Owner's review does
not constitute acceptance of design errors or omissions, nor transfer design liability to Owner for
the same.
3.2 Furnishing of Services and Information
3.2.1 Unless expressly stated to the contrary in the Contract Documents, Owner shall provide,
at its own cost and expense, for Design- Builder's information and use the following, all of which
Design- Builder is entitled to rely upon in performing the Work:
Surveys describing the property boundaries, topography and reference points for
use during construction, including existing service and utility lines.
2. Geoteclmical studies describing subsurface conditions, and other surveys
describing other latent or concealed physical conditions at the Site.
3. Temporary and permanent easements, zoning and other requirements and
encumbrances affecting land use, or necessary to permit the proper design and
construction of the Project, access to the Site and any off -site storage or lay -down
areas, and to enable Design- Builder to perform the Work.
4. A legal description of the Site.
5. To the extent available, as -built and record drawings of any existing structures
and utilities at the Site; and
6. To the extent available, environmental studies, reports and impact statements
describing the environmental conditions, including Hazardous Conditions, in
existence at the Site.
3.2.2 Owner is responsible for securing and executing all necessary agreement with adjacent land or
property owners that are necessary to enable Design - Builder to perform the Work. Owner is
further responsible for all costs, including attorneys' fees, incurred in securing these necessary
agreements.
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment D
101F-;tr
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
3.3 Financial Information
3.3.1 Design - Builder shall cooperate with the reasonable requirements of Owner's lenders or other
financial sources.
3.3.2 Notwithstanding the preceding sentence, after execution of the Agreement Design- Builder shall
have no obligation to execute for Owner or Owner's lenders or other financial sources any
documents or agreements that require Design - Builder to assume obligations or responsibilities
greater than those existing obligations Design - Builder has under the Contract Documents.
3.3.3 Design- Builder shall not be required as a condition of award or contract to waive or subordinate
its mechanic's lien rights, if any, to Owner's construction lender(s).
3.4 Owner's Representative
3.4.1 Owner's Representative shall be responsible for providing Owner- supplied information and
approvals in a timely manner to pennit Design - Builder to fulfill its obligations under the Contract
Documents. Owner's Representative shall also provide Design - Builder with prompt notice if it
observes any failure on the part of Design - Builder to fulfill its contractual obligations, including
any errors, omissions or defects in the performance of the Work.
3.4.2 If Owner retains a third party as Owner's Engineer or Owner's Program Manager, separately
from Owner's Representative, then Owner shall designate such third party in writing to Design -
Builder, together with a statement of the respective roles, responsibility, and authority of each
such party with respect to the administration of the contract, the approval of drawings and
specifications, the issuance of instructions and change orders, the resolution of disputes, and the
relative priority of the authority of such parties.
3.5 Government Approvals and Permits
3.5.1 Owner shall obtain and pay for all necessary permits, approvals, licenses, government charges
and inspection fees set forth in the Owner's Permit List attached as part of Attachment F,
3.5.2 Owner shall provide reasonable assistance to Design - Builder in obtaining those permits,
approvals and licenses that are Design - Builder's responsibility.
3.6 Owner's Separate Contractors
3.6.1 Owner is responsible for all work performed on the Project or at the Site by separate contractors
under separate agreements with Owner. Owner shall contractually require its separate contractors
to cooperate with, and coordinate their activities so as not to interfere with, Design - Builder in
order to enable Design - Builder to timely complete the Work consistent with the Contract
Documents.
3.6.2 Owner recognizes the importance that all work performed on the Project or at the Site by separate
contractors under separate agreements with Owner is performed in a safe manner so as to prevent
damage, injury or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work,
including materials and equipment incorporated into the Work or stored on -Site or off -Site, and
(iii) all other property at the Site or adjacent thereto. Owner shall require such separate
RF4# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment D
11NF'.;c
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
contractors to assume responsibility for implementing and monitoring all safety precautions and
programs related to the performance of their work.
GC 4.0 Hazardous Conditions and Differing Site Conditions
4.1 Hazardous Conditions
4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work,
DesignBuilder is not responsible for any Hazardous Conditions encountered at the Site. Upon
encountering any Hazardous Conditions, Design - Builder will stop Work immediately in the
affected area and duly notify Owner and, if required by Legal Requirements, all government or
quasi- government entities with jurisdiction over the Project or Site.
4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall take the
necessary measures required to ensure that the Hazardous Conditions are remediated or rendered
harmless. Such necessary measures shall include Owner retaining qualified independent experts
to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have
been encountered, (ii) prescribe the remedial measures that Owner must take to either remove the
Hazardous Conditions or render the Hazardous Conditions harmless.
4.1.3 Design - Builder shall be obligated to resume Work at the affected area of the Project only after
Owner's expert provides it with written certification that (i) the Hazardous Conditions have been
removed or rendered harmless and (ii) all necessary approvals have been obtained from all
government and quasi - government entities having jurisdiction over the Project or Site.
4.1.4 Design- Builder will be entitled, in accordance with these General Conditions, to an equitable
adjustment in its Contract Price and /or Contract Time(s) to the extent Design - Builder's cost
and /or time of performance have been adversely impacted by the presence of Hazardous
Conditions.
4.1.5 To the fullest extent permitted by law, Owner shall defend, indermlity and hold harmless Design
Builder, Design Consultants, Subcontractors and Subcontractors, and the agents, officers,
directors and employees of each of them, from and against any and all claims, damages, losses,
costs and expenses, whether direct, indirect or consequential, including but not limited to
attorney's fees, costs and expenses incurred in connection with litigation or arbitration, arising out
of or relating to the performance of the Work in any area affected by Hazardous Material. To the
fullest extent permitted by law, such indemnification shall apply regardless of the fault,
negligence, breach of warranty or contract, or strict liability of the indemnitee.
4.1.6 Notwithstanding the preceding provisions of this GC 4.1, Owner is not responsible for Hazardous
Conditions introduced to the Site by Design- Builder, Design Consultants, Subcontractors or
anyone for whose acts they may be liable. Design- Builder shall indemnify, defend and hold
harmless Owner and Owner's officers, directors, employees and agents from and against all
claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising
out of or resulting from those Hazardous Conditions introduced to the Site by the parties
identified in the first sentence of this GC 4.1.6.
RFQ # 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment D
12IP f;t
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
4.l .7 The tenns of this GC 4.1 shall survive the completion of the Work under this Agreement and /or
any tennination of this Agreement.
4.2 Differing Site Conditions
4.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that (i) materially
differ from the conditions indicated in the Contract Documents or (ii) are of an unusual nature, or
(iii) differing materially from the conditions ordinarily encountered and generally recognized as
inherent in the Work, are collectively referred to herein as "Differing Site Conditions." If Design -
Builder encounters a Differing Site Condition, Design - Builder will be entitled to an equitable
adjustment in the Contract Price and /or Contract Time(s) to the extent Design - Builder's cost
and /or time of performance are adversely impacted by the Differing Site Condition.
4.2.2 Upon encountering a Differing Site condition, Design - Builder shall provide prompt written notice
to Owner of such condition, which notice shall not be later than seven (7) days after such
condition has been encountered. Design - Builder shall, to the extent reasonably possible, provide
such notice before the Differing Site Condition has been substantially disturbed or altered.
5.0 Payment
5.1 Payment for Phase 1 Sen ices
5.1.1 Design- Builder will submit an Application for Payment to Owner each month covering Phase 1
services performed to date. Each Application for Payment will be prepared in the standard form
agreed to by the parties and supported by required documentation.
5.2 Schedule of Values for Phase 2 Services
5.2.1 Within ten (10) days of the Commencement Date, Design- Builder shall submit for Owner's
review and approval a schedule of values for Phase 2 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 Design - Builder
throughout the Work.
5.3 Monthly Progress Payments
5.3.1 On or before the date established in the Agreement, Design - Builder 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 the Contract Documents and /or established at the
meeting required by GC 2.1.4.
5.3.2 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.
RFCt # 037 - 2821 -17 /TP Central Sea crest Corridor Utility Phase II (Design Build) — Contract
Attachment D
13 1 P iPc
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
5.3.3 The Application for Payment shall constitute Design- Builder's representation that the Work has
been performed consistent with the Contract Documents, has progressed to the point indicated in
the Application for Payment, and that title to all Work will pass to Owner free and clear of all
claims, liens, encumbrances, and security interests upon the incorporation of the Work into the
Project, or upon Design - Builder's receipt of payment, whichever occurs earlier.
5.4 Withholding of Payments; Payment of Undisputed Amounts
5.4.1 On or before the date established in the Agreement, Owner shall pay Design- Builder all amounts
properly due, including the release of retention under Section 7.3.1 of the Agreement. If Owner
determines that Design- Builder is not entitled to all or part of an Application for Payment, it will
notify Design - Builder in writing at least five (5) days prior to the date payment is due. The notice
shall indicate the specific amounts Owner intends to withhold, the reasons and contractual basis
for the withholding, and the specific measures Design- Builder must take to rectify Owner's
concerns. Design- Builder and Owner will attempt to resolve Owner's concerns prior to the date
payment is due. If the parties cannot resolve such concerns, Design - Builder may pursue its rights
under the Contract Documents, including those under GC 8.0.
5.4.2 Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay Design -
Builder all undisputed amounts in an Application for Payment within the times required by the
Agreement.
5.5 Right to Stop Work and Interest
5.5.1 If Owner fails to pay Design - Builder any amount that becomes due, Design- Builder, in addition
to all other remedies provided in the Contract Documents, may stop Work pursuant to GC 9.4.
All payments due and unpaid shall bear interest at the rate set forth in Section 7.5 of the
Agreement.
5.6 Design - Builder's Payment Obligations
5.6.1 Design- Builder will pay any Subcontractors and Design Consultants, in accordance with
applicable law and its contractual obligations to such parties, all the amounts Design- Builder has
received from Owner on account of their work. Design- Builder will impose similar requirements
on Subcontractors and Design Consultants to pay those parties with whom they have contracted.
5.6.2 Providing that Owner is not in breach of its contractual obligation to make payments to Design -
Builder for the Work, Design- Builder shall indemnify, defend and hold harmless Owner from any
claims or mechanic's liens brought against Owner or against the Project as a result of the failure
of Design- Builder, or those for whose acts it is responsible, to pay for any services, materials,
labor, equipment, taxes or other items or obligations furnished or incurred for or in connection
with the Work. Within ten (10) days of receiving written notice from Owner that such a claim or
mechanic's lien has been filed, Design - Builder shall commence to take the steps necessary to
discharge said claim or lien, including, if necessary, the furnishing of a mechanic's lien bond. if
Design- Builder fails to do so, Owner will have the right to discharge the claim or lien and charge
Design - Builder with any costs and expenses incurred, including attorneys' fees.
5.7 Substantial Completion
1411 ,F;e
RFQ # 037 - 2821 -17/TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment D
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
5.7.1 Design - Builder shall notify Owner when it believes the Work, or to the extent permitted in the
Contract Documents, a portion of the Work, is substantially complete. Within five (5) days of
Owner's receipt of Design - Builder's notice, Owner and Design - Builder will jointly inspect such
Work to verify that it is substantially complete in accordance with the requirements of the
Contract Documents. if such Work is substantially complete, Owner shall prepare and issue a
Certificate of Substantial Completion that will set forth (i) the date of Substantial Completion of
the Work or portion thereof, (ii) the remaining items of Work that have to be completed before
final payment, (iii) provisions (to the extent not already provided in the Contract Documents)
establishing Owner's and Design- Builder's responsibility for the Project's security, maintenance,
utilities and insurance pending final payment, and (iv) an acknowledgment that warranties
commence to run on the date of Substantial Completion, except as may otherwise be noted in the
Certificate of Substantial Completion.
5.7.2 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work,
Owner shall release to Design - Builder all retained amounts relating, as applicable, to the entire
Work or completed portion of the Work, less an amount equal to the reasonable value of all
remaining or incomplete items of Work as noted in the Certificate of Substantial Completion.
5.7.3 Owner, at its option, may use a portion to the Work which has been determined to be
substantially complete, provided that (i) a Certificate of Substantial Completion has been issued
for the portion of Work addressing the items set forth in GC 5.7.1, (ii) Design - Builder and Owner
have obtained the consent of their sureties and insurers, and (iii) Owner and Design- Builder,
agree that Owner's use or occupancy will not interfere with Design - Builder's completion of the
remaining Work.
5.7.4 Upon Substantial Completion, Design - Builder shall conduct perfonnance testing of the Facility
using Owner's operations and maintenance staff to demonstrate that the Performance Criteria set
forth in Attachment H, Phase 1 Design Development, have been satisfied and that the
Performance Guarantees have been met.
5.8 Final Payment
5.8.1 After receipt of a Final Application for Payment from Design- Builder, 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.
5.8.2 At the time of submission of its Final Application for Payment, Design - Builder shall provide the
following information:
1. An affidavit that there are no claims, obligations or liens outstanding or unsatisfied for
labor, services, material, equipment, taxes or other items performed, furnished or
incurred for or in connection with the Work which will in any way affect Owner's
interests;
2. A general release executed by Design - Builder waiving, upon receipt of final payment by
Design - Builder, all claims, except those claims previously made in writing to Owner and
remaining unsettled at the time of final payment;
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment D
15 1 F,:a
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
3. Consent of Design - Builder's surety, if any, to final payment;
4. A certificate demonstrating that performance testing is complete and that the
Performance Guarantees set forth in Attachment F, Owner's Project Criteria, have been
met;
5. All operating manuals, warranties and other deliverables required by the Contract
Documents; and
6. Certificates of insurance confirming that required coverages will remain in effect
consistent with the requirements of the Contract Documents.
5.8.3 Upon making final payment, Owner waives all claims against Design- Builder except claims
relating to (i) Design - Builder's failure to satisfy its payment obligations, if such failure affects
Owner's interests, (ii) Design - Builder's failure to complete the Work consistent with the Contract
Documents, including defects appearing after Substantial Completion, (iii) the terms of any
special warranties required by the Contract Documents, and (iv) claims which are identified as
unsettled at the time of making final payment.
5.8.4 Final payment by Owner shall constitute Final Acceptance of the Project for all purposes
hereunder, subject to Design- Builder's remaining warranty obligations and any remaining
indemnity obligations hereunder.
5.8.5 Acceptance of final payment by the Design - Builder, a Subcontractor or material supplier shall
constitute a waiver of claims by that payee except those previously made in writing and identified
by that payee as unsettled at the time of final Application for Payment. 21 1 P a g e RFQ 4037 -
2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) - Contract Attachment D
GC 6.0 Time
6.1 Obligation to Achieve the Contract Times
6.1.1 Design- Builder agrees that it will commence performance of the Work and achieve the Contract
Time(s) in accordance with Article 5.0 of the Agreement.
6.2 Delays to the Work
6.2.1 If Design - Builder is delayed in the performance of the Work due to Uncontrollable
Circumstances the Contract Time(s) for performance shall be reasonably extended by Change
Order, and the Schedule adjusted accordingly.
6.2.2 In addition to Design- Builder's right to a time extension for delays in the Work under GC 6.2.1,
Design- Builder shall also be entitled to an equitable adjustment of the Contract Price and
equitable commutation of any Liquidated Damages under Section 5.4 of the Agreement.
6.3 Work Hours
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment D
161, RC!
PROGRESSIVE DESIGN/BUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
6.3.1 Work shall be conducted during normal working hours (7:00 AM to 5:00 PM) on weekdays.
Unless otherwise authorized in writing by the Project Manager, no work shall be performed on
weekends, on City observed holidays or between 5:00 PM and 7:00 AM on weekdays.
6.3.2 Construction Observation and /or inspection services needed beyond normal working hours as
defined above, shall be paid for by the Design - Builder at an hourly rate of $100.00 for each
inspector providing such service.
7.0 Changes to the Contract Price and Time
7.1 Change Orders
7.1.1 A Change Order is a written instrument issued after execution of the Agreement signed by Owner
and Design - Builder, stating their agreement upon all of the following:
1. The scope of the change in the Work;
2. The amount of the adjustment to the Contract Price; and
3. The extent of the adjustment to the Contract Time(s) and Schedule.
7.1.2 All changes in the Work authorized by applicable Change Order shall be performed under the
applicable conditions of the Contract Documents. Owner and Design - Builder shall negotiate in
good faith and as expeditiously as possible the appropriate adjustments for such changes.
7.1.3 If Owner requests a proposal for a change in the Work from Design - Builder and subsequently
elects not to proceed with the change, a Change Order shall be issued to reimburse Design -
Builder for reasonable costs incurred for estimating services, design services and services
involved in the preparation of proposed revisions to the Contract Documents.
7.2 Work Change Directives
7.2.1 A Work Change Directive is a written order prepared and signed by Owner, directing a change in
the Work prior to agreement on an adjustment in the Contract Price and /or the Contract Time(s).
7.2.2 Owner and Design- Builder shall negotiate in good faith and as expeditiously as possible the
appropriate adjustments for the Work Change Directive. Upon reaching an agreement, the parties
shall prepare and execute an appropriate Change Order reflecting the terms of the agreement.
7.2.3 If Owner has requested a proposal for a change in the Work from Design - Builder, Owner shall
notify Design- Builder as expeditiously as possible whether such proposal is accepted. Design -
Builder shall not commence changed work until a written Work Change Directive or Change
Order has been delivered by Owner. The parties recognize that delay in response to such
proposals may increase the impact or cost of the Change.
7.3 Minor Changes in the Work
7.3.1 Minor changes in the Work do not involve an adjustment in the Contract Price and /or Contract
Time(s) and do not materially and adversely affect the Work, including the design, quality,
performance and workmanship required by the Contract Documents. Design - Builder may make
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment D
171Pa
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
minor changes in the Work consistent with the intent of the Contract Documents, provided,
however, that Design- Builder shall promptly inform Owner, in writing, of any such changes and
record such changes on the documents maintained by Design- Builder.
7.4 Contract Price Adjustments
7.4.1 The increase or decrease in Contract Price resulting from a change in the Work shall be
determined by one or more of the following methods:
1. Unit prices set forth in the Agreement or as subsequently agreed between the parties
(which may include daily or monthly overhead rates for the extension of services);
2. A mutually accepted lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation by Owner;
3. Costs, fees and any other markups set forth in the Agreement; and
4. If an increase or decrease cannot be agreed to as set forth in items 1 through 3 above and
7.4.2 Owner issues a Work Change Directive, the cost of the change of the Work shall be determined
by the reasonable expense and savings in the performance of the Work resulting from the change,
including a reasonable overhead and profit, as may be set forth in the Agreement. If the net result
of both additions and deletions to the Work is an increase or a decrease in the Contract Price,
overhead and profit shall be calculated on the basis of the net increase or decrease to the Contract
Price. Design - Builder shall maintain a documented, itemized accounting evidencing the expenses
and savings associated with such changes.
7.4.3 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the parties,
but application of such unit prices will cause substantial inequity to Owner or Design- Builder
because of differences in the character or quantity of such unit items as originally contemplated,
such unit prices shall be equitably adjusted.
7.4.4 If Owner and Design Builder disagree upon whether Design- Builder is entitled to be paid for any
services required by Owner, or if there are any other disagreements over the scope of Work or
proposed changes to the Work, Owner and Design- Builder shall resolve the disagreement
pursuant to GC 8.0. As part of the negotiation process, Design- Builder shall furnish Owner with a
good faith estimate of the costs to perform the disputed services in accordance with Owner's
interpretations. If the parties are unable to agree and Owner expects Design - Builder to perform
the services in accordance with Owner's interpretations, Design - Builder shall proceed to perform
the disputed services, conditioned upon Owner issuing a written order to Design - Builder (i)
directing Design - Builder to proceed and (ii) specifying Owner's interpretation of the services that
are to be perfonned. If this occurs Design- Builder shall be entitled to submit in its Applications
for Payment an amount equal to fifty percent (50 %) of its reasonable estimated direct cost to
perform the services, and Owner agrees to pay such amounts, with the express understanding that
(i) such payment by Owner does not prejudice Owner's right to argue that it has no responsibility
to pay for such services and (ii) receipt of such payment by Design - Builder does not prejudice
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Attachment D
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
Design- Builder's right to seek full payment of the disputed services if Owner's order is deemed to
be a change to the Work.
7.5 Emergencies
7.5.1 In any emergency affecting the safety of persons and /or property, Design - Builder shall act, at its
discretion, to prevent threatened damage, injury or loss. Any change in the Contract Price and /or
Contract Time(s) on account of emergency work shall be determined as provided in this GC 7.0.
GC 8.0 Contract Adjustments and Disputes
8.1 Requests for Contract Adjustments and Relief
8.1.1 If either Design- Builder or Owner believes that it is entitled to relief against the other for any
Changed Condition arising out of or related to the Work or Project, such party shall provide
written notice to the other party of the basis for its claim for relief.
8.1.2 A Changed Condition may include a Change in Law following the date of Design- Builder's
proposal to Owner, which has a material impact on the cost of the Work, the Schedule, the
Performance Criteria, or other aspects of Design - Builder's performance hereunder.
8.13 Changed Conditions may include Uncontrollable Circumstances having an impact on Design -
Builder's cost of the Work, the Schedule, the Performance Criteria or other aspects of Design -
Builder's performance hereunder.
8.1.4 Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance
with any specific notice requirements contained in applicable sections of these General
Conditions. In the absence of any specific notice requirement, written notice shall be given within
a reasonable time, not to exceed twenty -one (21) days, after the occurrence- giving rise to the
claim for relief or after the claiming party reasonably should have recognized the event or
condition - giving rise to the request, whichever is later.
8.1.5 Such notice shall include sufficient infonnation to advise the other party of the circurnstances
giving rise to the claim for relief and, if then available, the specific contractual adjustment or
relief requested and the basis of such request.
8.2 Dispute Avoidance and Resolution
8.2.1 The parties are fully committed to working with each other throughout the Project and agree to
communicate regularly with each other at all times so as to avoid or minimize disputes or
disagreements. If disputes or disagreements do arise, Design - Builder and Owner each agree to
resolve such disputes or disagreements in an amicable, professional and expeditious manner so as
to avoid unnecessary losses, delays and disruptions to the Work.
8.2.2 Design - Builder and Owner will first attempt to resolve disputes or disagreements at the Project
level through discussions between Design- Builder's Representative and Owner's Representative.
8.2.3 If a dispute or disagreement cannot be resolved through Design - Builder's Representative and
Owner's Representative, upon the request of either party, then the matter shall be referred to the
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Attachment D
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
Senior Representatives of each party for resolution. Design- Builder's Senior Representative and
Owner's Senior Representative shall meet as soon as conveniently possible, but in no case later
than thirty (30) days after such a request is made, to attempt to resolve such dispute or
disagreement. Prior to any meetings between the Senior Representatives, the parties will
exchange relevant information that will assist the parties in resolving their dispute or
disagreement.
8.2.4 If, after meeting, the Senior Representatives determine that the dispute or disagreement cannot be
resolved on terms satisfactory to both parties, then the parties shall submit the dispute or
disagreement to non - binding mediation. The mediation shall be conducted by a mutually
agreeable impartial mediator, or if the parties cannot so agree, a mediator designated by the
American Arbitration Association ( "AAA ") pursuant to its Construction Industry Mediation
Rules. The mediation will be governed by and conducted pursuant to a mediation agreement
negotiated by the parties or, if the parties cannot so agree, by procedures established by the
mediator. Any claims, disputes or controversies between the parties arising out of or relating to
the Agreement, or the breach thereof, which have not been resolved in accordance with the
procedures set forth in GC 8.2, shall be decided by court of competent jurisdiction.
8.2.5 In any final, binding dispute proceeding upon which the parties may agree, each party shall be
responsible for its own legal costs, including attorneys' fees.
8.2 Duty to Continue Performance
8.3.1 Unless provided to the contrary in the Contract Documents, Design - Builder shall continue to
perform the Work and Owner shall continue to satisfy its payment obligations to Design- Builder,
pending the final resolution of any dispute or disagreement between Design- Builder and Owner
GC 9.0 Suspension and Termination
9.1 Owner's Right to Stop Work
9.1.1 Owner may, without cause and for its convenience, order Design- Builder in writing to stop and
suspend the Work. Such suspension shall not exceed sixty (60) consecutive days or aggregate
more than ninety (90) days during the duration of the Project.
9.1.2 Design- Builder is entitled to an equitable adjustment of the Contract Price and /or Contract
Time(s) if its cost or time to perform the Work has been adversely impacted by any suspension of
stoppage of work by Owner.
9.2 Termination for Convenience
9.2.1 Upon ten (10) days' written notice to Design - Builder, Owner may, for its convenience and
without cause, elect to terminate this Agreement. In such event, Owner shall pay Design - Builder
for the following:
1. All Work executed and for proven loss, cost or expense in connection with such Work;
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Attachment D
20 1 P .=, E
PROGRESSIVE DESIGNBUILD AGREEMENT
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CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
2. The reasonable costs and expenses attributable to such termination, including
demobilization costs and amounts due in settlement of terminated contracts with
Subcontractors and Design Consultants; and
3. The fair and reasonable sums for overhead and profit on the sum of items 1 and 2 above.
9.2.2 If Owner terminates this Agreement pursuant to GC 9.2.1 and proceeds to design and construct
the Project through its employees, agents or third parties, Owner's rights to use the Work product
shall be as set forth in Section 4.3 ( "Owner's Limited License upon Owner's Termination for
Convenience or Design - Builder's Election to Terminate ").
9.3 Owner's Right to Perform and Terminate for Cause
9.3.1 If Design- Builder persistently falls to (i) provide a sufficient number of skilled workers, (ii)
supply the materials required by the Contract Documents, (iii) comply with applicable Legal
Requirements, (iv) timely pay, without cause, Subcontractors, (v) prosecute the Work with
promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such
times may be adjusted, or (vi) perform material obligations under the Contract Documents, then
Owner, in addition to any other rights and remedies provided in the Contract Documents or by
Law, shall have the rights set forth in GC 9.3.2, 9.3.3, and 9.3.4.
9.3.2 Upon the occurrence of an event set forth in GC 9.3 1, Owner may provide written notice to
Design - Builder that it intends to terminate the Agreement unless the problem cited is cured, or
commenced to be cured, within seven (7) days of Design - Builder's receipt of such notice. If
Design- Builder fails to cure, or reasonably commence to cure, such problem, then Owner may
give a second written notice to Design- Builder of its intent to terminate within an additional
seven (7) day period. If Design- Builder, within such second seven (7) day period, fails to cure, or
reasonably commence to cure, such problem, then Owner may declare the Agreement terminated
for default by providing written notice to Design - Builder of such declaration.
9.3.3 Upon declaring the Agreement terminated pursuant to GC 9.3.2, Owner may enter upon the
premises and take possession, for the purpose of completing the Work, of all materials,
equipment, scaffolds, tools, appliances and other items thereon, which have been purchased or
provided for the performance of the Work, all of which Design - Builder hereby transfers, assigns
and sets over to Owner for such purpose, and to employ any person or persons to complete the
Work and provide all of the required labor, services, materials, equipment and other items.
9.3.4 In the event of such termination, Design- Builder shall not be entitled to receive any further
payments under the Contract Documents until the Work shall be finally completed in accordance
with the Contract Documents. At such time, if the unpaid balance of the Contract Price exceeds
the cost and expense incurred by Owner in completing the Work, such excess shall be paid by
Owner to Design- Builder. Notwithstanding the preceding sentence, if the Agreement establishes a
Guaranteed Maximum Price, Design- Builder will only be entitled to be paid for Work performed
prior to its default. If Owner's cost and expense of completing the Work exceeds the unpaid
balance of the Contract Price, then Design - Builder shall be obligated to pay the difference to
Owner. Such costs and expense shall include not only the cost of completing the Work, but also
losses, damages, costs and expense, including attorneys' fees and expenses, incurred by Owner in
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Attachment D
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
connection with the re- procurement and defense of claims arising from Design- Builder's default,
subject to the waiver of consequential damages set forth in Section 10.2 of the Agreement.
9.3.5 If Owner improperly terminates the Agreement for cause, the termination for cause will be
converted to a termination for convenience in accordance with the provisions of GC 9.2.
9.4 Design - Builder's Right to Stop Work
9.4.1 Design- Builder may, in addition to any other rights afforded under the Contract Documents or at
law, stop work for the following reason:
Owner's failure to pay amounts properly due under Design - Builder's Application for Payment.
9.4.2 Should an event set forth in GC 9.4.1 occur, Design- Builder may provide Owner with written
notice that Design - Builder will stop work unless such event is cured within seven (7) days from
Owner's receipt of Design - Builder's notice. If Owner does not cure the problem within such seven
(7) day period, Design- Builder may stop work. In such case, Design - Builder may make a claim
for adjustment to the Contract Price and Contract Time(s) to the extent it has been adversely
impacted by such stoppage.
9.5 Design - Builder's Right to Terminate for Cause
9.5.1 Design- Builder, in addition to any other rights and remedies provided in the Contract Documents
or by law, may terminate the Agreement for cause for the following reasons:
1. The Work has been stopped for sixty (60) consecutive days, or more than ninety (90)
days during the duration of the Project, because of a court order, any government
authority having jurisdiction over the Work, or orders by Owner under GC 9.1.1,
provided that such stoppages are not due to the acts or omissions of Design - Builder or
anyone for whose acts Design - Builder may be responsible; or
2. Owner's failure to provide Design- Builder with any information, permits or approvals
that are Owner's responsibility under the Contract Documents which result in the Work
being stopped for sixty (60) consecutive days, or more than ninety (90) days during the
duration of the Project, even though Owner has not ordered Design - Builder in writing to
stop and suspend the Work pursuant to GC 9.1.1; or
3. Owner's failure to cure the problems set forth in GC 9.4.1 after Design- Builder has
stopped the Work.
9.5.2 Upon the occurrence of an event set forth in GC 9.5.1, Design- Builder may provide written notice
to Owner that it intends to terminate the Agreement unless the problem cited is cured, or
commenced to be cured, within seven (7) days of Owner's receipt of such notice. If Owner fails to
cure, or reasonably commence to cure, such problem. Then Design- Builder may give a second
written notice to Owner of its intent to terminate within an additional seven (7) day period. if
Owner, within such second seven (7) day period, fails to cure, or reasonably commence to cure,
such problem, then Design - Builder may declare the Agreement terminated for default by
providing written notice to Owner of such declaration. In such case, Design- Builder shall be
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Attachment D
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PROGRESSIVE DESIGNBUILD AGREEMENT
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CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
entitled to recover in the same manner as if Owner had terminated the Agreement for its
convenience under GC 9.2.
9.6 Bankruptcy of Owner or Design - Builder
9.6.1 If either Owner or Design - Builder institutes or has instituted against it a case under the United
States Bankruptcy Code (such party being referred to as the "Bankrupt Party"), such event may
impair or frustrate the Bankrupt Party's ability to perform its obligations under the Contract
Documents. Accordingly, should such event occur:
The Bankrupt Party, its trustee or other successor, shall furnish, upon request of the non -
Bankrupt Party, adequate assurance of the ability of the Bankrupt Party to perform all
future material obligations under the Contract Documents, which assurances shall be
provided within ten (10) days after receiving notice of the request; and
2. The Bankrupt Party shall file an appropriate action within the bankruptcy court to seek
assumption or rejection of the Agreement within sixty (60) days of the institution of the
bankruptcy filing and shall diligently prosecute such action.
If the Bankrupt Party fails to comply with its foregoing obligations, the non- Bankrupt Party shall be
entitled to request the bankruptcy court to reject the Agreement, declare the Agreement terminated and
pursue any other recourse available to the non - Bankrupt Party under this GC 9.0.
9.6.2 The rights and remedies under GC 9.6.1 shall not be deemed to limit the ability of the non-
Bankrupt Party to seek any other rights and remedies provided by the Contract Documents or by
law, including its ability to seek relief from any automatic stays under the United States
Bankruptcy Code or the right of Design- Builder to stop Work under any applicable provision of
these General Conditions.
GC 10.0 Miscellaneous
10.1 Assignment
10.1.1 Neither Design - Builder nor Owner shall without the written consent of the other, assign, and
transfer or sublet any portion or part of the Work or the obligations required by the Contract
Documents.
10.2 Successorship
10.2.1 Design- Builder and Owner intend that the provisions of the Contract Documents are binding
upon the parties, their employees, agents, heirs, successors and assigns.
10.3 Governing Law
10.3.1 The Agreement and all Contract Documents shall be governed by the laws of the place of the
Project, without giving effect to its conflict of law principles.
10.4 Severability
RFQ # 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) — Contract
Attachment D
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PROGRESSIVE DESIGNBUILD AGREEMENT
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10.4.1 If any provision or any part of a provision of the Contract Documents shall be finally determined
to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable Legal
Requirements, such determination shall not impair or otherwise affect the validity, legality, or
enforceability of the remaining provision or parts of the provision of the Contract Documents,
which shall remain in full force and effect as if the unenforceable provision or part were deleted.
10.5 No Waiver
10.5.1 The failure of either Design- Builder or Owner to insist, in any one or more instances, on the
performance of any of the obligations required by the other under the Contract Documents shall
not be construed as a waiver or relinquishment of such obligation or right with respect to future
performance.
10.6 Headings
10.6.1 The headings used in these General Conditions or any other Contract Document, are for ease of
reference only and shall not in any way be construed to limit or alter the meaning of any
provision.
10.7 Notice
10.7.1 Whenever the Contract Documents require that notice be provided to the other party, notice will
be deemed to have been validly given (i) if delivered in person to the individual intended to
receive such notice, (ii) four (4) days after being sent by registered or certified mail, postage
prepaid to the address indicated in the Agreement, (iii) if transmitted by facsimile, by the time
stated in a machine - generated confirmation that notice was received at the number of the intended
recipient, or (iv) if transmitted by e -mail to the individual to whom such notice is required to be
given, by the time stated in a machine - generated confirmation that notice was received at the e-
mail address of the intended recipient.
10.8 Amendments
1 0.8.1 The Contract Documents may not be changed, altered, or amended in any way except in writing
signed by a duly authorized representative of both parties.
10.9 Third Parties
10.9.1 The services to be performed by Design- Builder are intended solely for the benefit of the Owner.
No person or entity not a signatory to this Agreement shall be entitled to rely on the Design -
Builder's performance of its services hereunder, and no right to assert a claim against the Design -
Builder by assignment of indemnity rights or otherwise shall accrue to a third party as a result of
this Agreement or the performance of the Design - Builder's services hereunder.
GC 11.0 Electronic Data
11.1 Electronic Data
11.1.1 The parties recognize that Contract Documents, including drawings, specifications and three -
dimensional modeling (such as Building Information Models) and other Work Product may be
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Attachment D
24 1 P c
PROGRESSIVE DESIGNBUILD AGREEMENT
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CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
transmitted among Owner, Design - Builder and others in electronic media as an alternative to
paper hard copies (collectively "Electronic Data ").
11.2 Transmission of Electronic Data
11.2.1 Owner and Design - Builder shall agree upon the software and the format for the transmission of
Electronic Data. Each party shall be responsible for securing the legal rights to access the agreed
upon format, including, if necessary, obtaining appropriately licensed copies of the applicable
software or electronic program to display, interpret and/or generate the Electronic Data.
11.2.2 Neither party makes any representations or warranties to the other with respect to the
functionality of the software or computer program associated with the electronic transmission of
Work Product. Unless specifically set forth in the Agreement, ownership of the Electronic Data
does not include ownership of the software or computer program with which it is associated,
transmitted, generated or interpreted.
11.2.3 By transmitting Work Product in electronic form, the transmitting party does not transfer or
assign its rights in the Work Product. The rights in the Electronic Data shall be as set forth in
Article 4.0 of the Agreement ( "Ownership of Work Product "). Under no circumstances shall the
transfer of ownership of Electronic Data be deemed to be a sale by the transmitting party of
tangible goods.
11.3 Electronic Data Protocol
11.3.1 The parties acknowledge that Electronic Data may be altered or corrupted, intentionally or
otherwise, due to occurrences beyond their reasonable control or knowledge including but not
limited to compatibility issues with user software, manipulation by the recipient, errors in
transcription or transmission, machine error, environmental factors, and operator error.
Consequently, the parties understand that there is some level of increased risk in the use of
Electronic Data for the communication of design and construction information and. in
consideration of this, agree, and shall require their independent contractors, Subcontractors and
Design Consultants to agree, to the following protocols, teens and conditions set forth in this GC
11.3.
11.3.2 Electronic Data will be transmitted in the format agreed upon in GC 11.2.1, including file
conventions and document properties, unless prior arrangements are made in advance in writing.
11.3.3 The Electronic Data represents the information at a particular point in time and is subject to
change. Therefore, the parties shall agree upon protocols for notification by the author to the
recipient of any changes which may thereafter be made to the Electronic Data, which protocol
shall also address the duty, if any, to update such information, data or other information contained
in the electronic media if such information changes prior to Final Completion of the Project.
11.3.4 The transmitting parry specifically disclaims all warranties, expressed or implied including, but
not limited to, implied warranties of merchantability and fitness for a particular purpose, with
respect to the media transmitting the Electronic Data. However, transmission of the Electronic
Data by electronic means shall not invalidate or negate any duties pursuant to the applicable
standard of care with respect to the creation of the Electronic Data, unless such data is materially
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) — Contract
Attachment D
2511 'i:
PROGRESSIVE DESIGN/BUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE 11
changed or altered after it is transmitted to the receiving party, and the transmitting party did not
participate in such change or alteration.
RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase 11 (Design Build) —Contract
Attachment D
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
ATTACHMENT E
INDEMNITY, INSURANCE & BONDING
1.0 Indemnity
1.1 The parties agree that one percent (l %) of the total compensation paid to Design - Builder for the
Work under this Agreement shall constitute specific consideration to Design- Builder for the
indemnification to be provided under this Agreement. To the fullest extent permitted by law,
Design- Builder shall defend, indemnify and hold Owner, its officers and employees harmless
from and against any and all claims, liability, damages, losses, causes of action and /or costs
including but not limited to reasonable attorney's fees *^ the °°*° ~+ t hey ffiay a is from any
breach of contract or are caused by the negligence, recklessness or intentional wrongful conduct
of Design- Builder or persons employed or utilized by Design - Builder, or anyone acting under the
authority and control of Design - Builder in the performance of the Work. As pfevided in Seetie
Milli a nnitnn n tt ($30 D i
B h b a to def
6n -a m7ccG�� 4
riml--iiv ro�rcquir ° ca cv
indemnify or hold har-mless Ownef feF any acts, ofnissions or- negligenee of owfleF, owner-'s,
of this Agfeement.
0 agents of sepaf4e eanlfac4er-s. This pi:evisieii shall sufk ex it:_Atien -And teirfnin4iefl
1.2 Owner shall cause any other contractor who may have a contract with Owner to perform work in
the areas where Work will be performed under this Agreement, to agree to indemnify and defend
Design- Builder, Subcontractors or anyone employed directly or indirectly by any of them or
anyone for whose acts any of them may be liable and hold them harmless from all claims for
bodily injury and property damage other than property insured under Section 5.0, that may arise
from that contractor's operations. Such provisions shall be in a form satisfactory to Design -
Builder.
1.3 If an employee of Design - Builder, Design Consultants, Subcontractors, anyone employed directly
or indirectly by any of them, or anyone for whose acts any of them may be liable has a claim
against Owner, its officers, directors, employees, or agents, then Design- Builder's indemnity
obligation set forth in Section 1.1 above shall not be limited by any limitation on the amount of
damages, compensation, or benefits payable by or for Design- Builder, Design Consultants,
Subcontractors, or other entity under any employee benefit acts, including workers' compensation
or disability acts.
1.4 Legal counsel to conduct any defense in any such proceeding shall be mutually agreed to by City
and Design - Builder, and all costs and fees associated therewith including any costs or fees of an
appeal shall be the responsibility of Design- Builder under the indenmification agreement.
Nothing contained herein is intended nor shall it be construed to waive City's rights and
immunities under the common law or Florida Statute 768.28 as amended from time to time. This
obligation shall not be construed to negate, abridge, or otherwise reduce any other right or
obligation of indemnity, which would otherwise exist as to any party described in this Paragraph
and its subparts.
2.0 Design- Builder's Insurance - See Attachment G- Special Conditions 21.
11Pe,
RFQ # 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) — Contract
Attachment E
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
2.1 Excess Liability Insurance above the required Coirunercial General, Commercial Automobile,
and Employer's Liability insurance to result in overall liability coverage in the amount of
$10,000,000 annual aggregate limit.
2.2 For Contractor's Pollution Liability Errors and Omissions Insurance see Attachment G- Special
Conditions 22.
2.3 The policies shall contain a provision that coverage will not be canceled or not renewed until at
least thirty (30) days' prior written notice has been given to Owner. Certificates of insurance
showing required coverage to be in force shall be filed with Owner prior to commencement of the
Work.
2.4 Products and Completed Operations warranty shall be maintained for a minimum period of at
least one year(s) after either ninety (90) days following the date of Substantial Completion or
final payment, whichever is earlier.
2.5 The insurance limits stated in this Attachment E may be satisfied through a combination of
underlying and excess or umbrella coverage.
2.6 Subcontractors. Design- Builder shall require that all Subcontractors working on the Project
secure and maintain the same insurance coverages required for Design - Builder for workers'
compensation insurance, employer's liability insurance, commercial automotive liability
insurance and commercial general liability insurance and other financial sureties required by
applicable law in connection with their presence and the performance of their duties pursuant to
this Agreement; provided that Owner may approve lower limits for specific subcontractors
pursuant to a request submitted by Design- Builder to Owner prior to any work being performed
by the subcontractor. Design- Builder shall require that all subcontractors performing engineering
services and all subcontractors performing work with potential pollution liability risk secure and
maintain Professional Liability or Pollution Liability insurance coverage, respectively, with such
coverage limits commensurate with the scope of the subcontract work performed. Owner, Design -
Builder and all other parties of Design- Builder shall be named as additional insured on
subcontractor's required commercial general liability insurance policy. Alternatively, Design -
Builder may obtain and maintain said policies and sureties on the subcontractor's behalf.
3.0 Professional Liability Insurance - See Attachment G - Special Conditions see 21d and 23.
4.0 Owner's Liability Insurance
4.1 Owner shall be responsible for obtaining and maintaining its own liability insurance. Insurance
for claims arising out of the performance of this Agreement may be purchased and maintained at
Owner's discretion.
4.2 If Owner hires separate contractors for with respect to the Project or for any portion of the Work
then Owner shall require that such separate contractors waive any insurers' rights of subrogation
against the Design- Builder and its Subcontractors, Design Consultants, and their officers,
directors, and employees.
5.0 Insurance to Protect Project- See Attachment G- Special Conditions 24.
21P E
RFQ # 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) — Contract
Attachment E
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
5.1 If Owner occupies or uses a portion of the Project prior to its Substantial Completion, such
occupancy or use shall not commence prior to a time mutually agreed to by Owner and Design -
Builder and to which the insurance company or companies providing the property insurance have
consented by endorsing the policy or policies. This insurance shall not be canceled or lapsed on
account of partial occupancy. Consent of Design- Builder to such early occupancy or use shall not
be unreasonably withheld.
5.2 Owner shall obtain and maintain boiler and machinery insurance as necessary. The interests of
Owner, Design - Builder, Subcontractors and Subcontractors shall be protected under this
coverage.
5.3 Upon Substantial Completion and during any period of startup, testing, commissioning, or initial
operation of the Project, Owner shall obtain and maintain insurance with respect thereto
consistent with that insurance which Owner obtains and maintains with respect to any damage or
loss to its permanent plant during commercial operation. Design - Builder, Subcontractors and
Subcontractors shall be named as additional insured on such insurance, and Owner hereby waives
any rights of subrogation with respect thereto.
6.0 Property Insurance Loss Adjustment
6.1 Any insured loss shall be adjusted with Owner and Design - Builder and made payable to Owner
and Design - Builder as trustees for the insureds, as their interests may appear, subject to any
applicable mortgagee clause.
6.2 Upon the occurrence of an insured loss, monies received will be deposited in a separate account
and the trustees shall make distribution in accordance with the agreement of the parties in interest,
or in the absence of such agreement, in accordance with a mediation agreement, or, if not
resolved through mediation, then by an arbitration award pursuant to arbitration. If the trustees
are unable to agree between themselves on the settlement of the loss, such dispute shall also be
submitted for resolution by mediation or arbitration.
7.0 Waiver of Subrogation
7.1 Owner and Design - Builder waive all rights against each other, and any of their respective
employees, agents, consultants, subcontractors and subcontractors for damages caused by risks
covered by insurance provided in Section 5.0 to the extent they are covered by that insurance,
except such rights as they may have to the proceeds of such insurance held by Owner and Design -
Builder as trustees. Design- Builder shall require similar waivers from all Subcontractors, and
shall require each of them to include similar waivers in their subcontracts and consulting
agreements.
7.2 Owner waives subrogation against Design - Builder, Subcontractors and subcontractors on all
property and consequential loss policies carried by Owner on adjacent properties and under
property and consequential loss policies purchased for the Project after its completion.
7.3 If the policies of insurance referred to in this Section require an endorsement to provide for
continued coverage where there is a waiver of subrogation, the owners of such policies will cause
them to be so endorsed.
31P, ..i
RFQ # 037- 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment E
PROGRESSIVE DESIGN/BUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE 11
8.0 Bonding • See Attachment G - Special Conditions 25.
8 # 037-2821-17/TP Central Seacrest. Corridor Utility Phase II (Design Build} --Contract,
Attachment E
PROGRESSIVE DESIGN /BUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
ATTACHMENT F
OWNER'S PERMIT LIST
The DESIGN BUILD TEAM is responsible for reviewing and becoming familiar with all permitting
efforts that have been conducted and carrying these efforts forward, and obtaining all pennits that are
required to design and construct the project. Preparation of complete permit packages will be the
responsibility of the Design- Builder. The Design- Builder must submit any permit applications to the
CITY for review and approval prior to submittal to any permit agencies.
All permits required for a particular construction activity will be acquired prior to commencing the
particular construction activity. The Design - Builder is required to pay all permit fees. If any agency
rejects or denies a permit application, it is the Design- Builder's responsibility to make the necessary
changes to ensure the pen is approved.
Permit requirements are generally listed below; however, this list is not all- inclusive and the Design -
Builder shall provide all permits related to the project:
• Florida Department of Environmental Protection
• Palm Beach County Health Department (Expires 01 /09/2019)
• City of Boynton Beach Building Department
• Florida Department of Transportation
• Palm Beach County Utilities Right -of -Way
• South Florida Management District (Expires 1 2/09/18)
• Palm Beach County Landscape
THE REMAINDER OF THIS PAGE [.EFT BI-ANK INTENTIONALLY
RFQ tt 037- 2821 -17/TP Central 5eacrest Corridor Utility Phase 11 (Design Build) Contract
Attachment F
I I P ,_ r
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
ATTACHMENT G
SPECIAL CONDITIONS
1. The Design - Builder shall perform necessary additional investigations as part of their Phase 1
services in order to prepare an accurate guaranteed Maximum Price.
2. In order to encourage the use of local contractors, the Design- Builder will be limited to
preforming 75% or the work with its in -house forces.
3. The Owner encourages the utilization of local businesses and labor force within the City of
Boynton Beach city limits therefore Design- Builder shall make every effort to engage local
contractors to enhance the local economy.
4. Invitation to Bid documents prepared by the Design - Builder for such solicitations shall include
the non - technical documents consisting of the necessary bidding information; General Conditions
of the Contract. Supplementary General Conditions of the Contract and Division One of the
specifications, proposal and contract form. Said documents may be provided by the Owner at the
Design- Builder's request. Solicitations shall be prepared with the following guidelines:
a. Purchases of materials, supplies, rental or leases of equipment amounting to less than
$1,200 each may be completed without bids or quotes. However, such purchases must be
reasonably necessary to expedite work on the project, and these purchases must be
documented with a receipt from the vendor. The Design - Builder shall not divide or
separate procurements in order to avoid the requirements set forth.
b. Contracts over $1,200 but not exceeding $75,000 require that the Design - Builder seek
three (3) verbal quotations in conformance with the Design - Builder's scope of work and
budgeted amount. Design- Builder must document these purchases showing the three (3)
firms verbally contacted with their respective prices. The Design - Builder shall not divide
or separate procurements in order to avoid the requirements set forth.
c. Contracts over $75,000 require that the Design- Builder request three (3) written quotes in
conformance with the Design- Builder's scope of work and budgeted amount.
d. Contracts exceeding $75,000 shall be conducted under a formal Bid process or piggy-
back fi-om public advertised contracts that meet the City purchasing requirements. The
Design - Builder may seek sealed bids from qualified firms who submit the lowest
responsive, responsible bid. The Design - Builder shall advertise these projects at least
once in a newspaper or general circulation in Palm Beach County appearing at least
twenty -one (21) calendar days prior to the established bid opening and at least five (5)
days prior to any scheduled pre -bid conference. These sealed bids /proposals must be
delivered at the location, date and time named by the Design- Builder stated in bid
advertisement and subsequent invitation to bid documents. A tabulation sheet shall be
furnished to the Owner and to each finm, if requested.
5. As part of such preparation, the Design- Builder shall review the specifications and drawings.
Ambiguities, conflicts or lack of clarity in language, use of illegally restrictive requirements, and
any other defects in the specifications or in the drawings noted by the Design - Builder shall be
1IP „Y
RF4 # 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment G
PROGRESSIVE DESIGN /BUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
brought to the attention of the Project Manager and Permitting agency(ies) in written form and
simultaneously corrected.
6. For each separate construction contract exceeding $75,000, the Design- Builder may conduct a
pre -bid conference with bidders and the Project Manager. In the event questions are raised, which
require an interpretation of the bidding documents or otherwise indicate a need for clarification or
correction of the invitation, the Design- Builder shall prepare an addendum to the bidding
document, issuing same to all the prequalified bidders.
7. Quality Control: The Design- Builder shall develop and maintain a program acceptable to the
Owner, to assure quality control of the construction. The Design- Builder shall supervise the work
of all subcontractors providing insurance to each when their work does not conform to the
requirements of the plans and specifications and it shall continue to exert its influence and control
over each subcontractor to ensure that corrections are made in a timely manner so as to not affect
the efficient progress of the work. Should disagreement occur between the Design- Builder 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.
8. Subcontracting Interfacing: The Design - Builder shall be the sole point of interface with all
subcontractors for the Owner and all of its agents and representatives. It shall negotiate all change
orders, field orders, and request for proposals, with all affected subcontractors and shall review
the costs of those proposals and advise the Owner of their validity and reasonableness, acting in
the Owner's best interest prior to requesting approval of each change order from the Owner.
Before any work is begun on any change order, a written authorization and approval from the
Owner must be issued. However, when health and safety are threatened, the Design- Builder shall
act immediately to remove the threat. It shall also carefully review all shop drawings and then
issue the shop drawings to the affected subcontractor for fabrication or revision. The Design -
Builder shall maintain a suspense control system to promote expeditious handling. It shall make
interpretations of the drawings or specifications requested by the subcontractors and shall
maintain said suspense control system to promote timely response. The Project Manager must be
informed when the timely response is not occurring on any of the above.
9. Permits: The Design- Builder shall secure all necessary permits, the cost of which will be
included in the GMP and considered a direct cost item (no mark -up).
10. Job Site Requirements: The Design - Builder shall provide for each of the following activities as a
part of its Construction Phase fee:
a. Provide a safety program for the project to meet Owner and OSHA requirements.
Monitor for subcontractor compliance without relieving them of the responsibilities to
perform work in accordance with the best acceptable practice.
b. Maintain a log of daily activities, including manpower records, weather, delays, major
decisions, etc.
C. Maintain a roster of companies on the project with name and telephone numbers of key
personnel.
RFQ # 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment G
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PROGRESSIVE DESIGNBUILD AGREEMENT
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d. Establish and enforce job rule governing parking, clean up, use of facilities and worker
discipline.
e. Provide labor relations management for a harmonious, productive project.
f. Provide a quality control program as per Section 3.2 (F) herein.
g. Miscellaneous office supplies that support the construction efforts, which are consumed
by its own forces.
h. Travel to and from its home office to the project site as the project requires shall be
reimbursed thru the GMP.
The Design- Builder shall provide personnel and equipment or shall arrange for separate subcontracts to
provide each of the following as a direct cost item:
a. Schedule the services of independent testing laboratories and provide the necessary
testing of materials to ensure conformance to contract requirements.
b. The printing and distribution of all required bidding documents and shop drawings,
including the sets required by the Permitting Agency (ies) inspectors.
IL Job Site Job Site Administration: The Design - Builder shall utilize an internet -based project
management tool called e- Builder EnterpriseTM. This internet -based application is a
collaboration tool, which will allow all project team members continuous access through the
Internet to important project data as well as up to the minute decision and approval status
information.
• Design - Builder shall conduct Project controls, outlined by the Owner, utilizing e-
Builder EnterpriseTM. No additional software will be required. The Owner will assist
the Contractor in providing training to their personnel.
• Design - Builder shall have the responsibility for visiting the Project web site on a
daily basis, and as necessary to be kept fully appraised of Project developments, for
correspondence, assigned tasks and other matters that transpire on the site. These
may include but are not limited to: Contracts, Contract Exhibits, Contract
Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds,
Safety Program Procedures, Safety Notices, Accident Reports, Personnel Injury
Reports, Schedules, Site Logistics, Progress Reports, Daily Logs, Non- Conformance
Notices, Quality Control Notices, Punch Lists, Meeting Minutes, Requests for
Information, Submittal Packages, Substitution Requests, Monthly Payment Request
Applications, Supplemental Instructions, Change Order Requests, Change Orders,
and the like. All supporting data including but not limited to shop drawings, product
data sheets, manufacturer data sheets and instructions, method statements, safety
MSDS sheets, Substitution Requests and the like will be submitted in digital format
via e- Builder EnterpriseTM.
• Electronic File Requirements: In addition to the standard closeout submittal
requirements detailed elsewhere in the Contract Documents, the Contractor and
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RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment G
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
Subcontractors shall also submit all closeout documents including all "As -Built
Drawings ", catalog cuts and Owner's Operation and Maintenance manuals in digital
format. All documents (including as -built drawings) shall be converted or scanned
into the Abode Acrobat (.PDF) file format and uploaded to e- Builder EnterpriseTM.
The As -Built Drawings shall also be submitted in AutoCAD (.DWG) fonuat.
• e- Builder Implementation Requirements: e- Builder EnterpriseTM is a comprehensive
Project and Program Management system that the City of Boynton Beach Utilities
will be implementing for managing documents, communications and costs between
the Contractor, Engineer, and Owner. e- Builder EnterpriseTM includes extensive
reporting capabilities to facilitate detailed project reporting in a web -based
environment that is accessible to all parties and easy to use.
o Central Document Vault: e- Builder EnterpriseTM system includes a central
database that maintains all project information and manages project
communications amongst team members.
o Communication/Correspondence: e- Builder provides electronic routable
communication fortes that provide historical tracking, documentation, and
increased accountability of project members.
o Project Calendars: Meetings will be scheduled and maintained centrally on e-
Builder EnterpriseTM
o Reporting: All of the project and program data including documents,
communications and costs are accessible through integrated online reports. These
reporting tools are completely configurable by each user. All reports can be
exported to Excel for added flexibility.
• e- Builder EnterpriseTM User Licenses: Each user license is for access to the web site
consisting of unlimited data storage. Users can be direct employees of the Contractor,
Engineer, and Owner.
Each user license includes full access to e- Builder EnterpriseTM including all of the
documents and reports mentioned above. Furthermore, each user license provides the e-
Builder software as a service (SaS) including:
• All hosting, operation, maintenance and data backup of the e- Builder
EnterpriseTM software and documents, which are maintained in state -of -the -art
data centers located throughout the United States.
• Quarterly e- Builder EnterpriseTM software enhancements
o Unlimited phone, email and web based support 24- hours:
The City of Boynton Beach has an e- Builder EnterpriseTM License and will provide the selected General
Contractor with a limited number of user licenses for the duration of the project. The City of Boynton
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment G
4 1 f> ��
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
Beach will provide basic training for these users; additional training may be procured directly from e-
Builder directly at the contractors own cost.
Job Meetings Hold weekly progress meetings and coordination meetings to provide for an easy flowing
project. Implement procedures and assure timely submittals, expedite processing approvals and return of
shop drawings, samples, etc. Coordinate and expedite critical ordering and delivery of materials, work
sequences, inspection and testing, labor allocation, etc. Review and coordinate each subcontractor's work.
Review and implement revisions to the Schedule. Monitor and promote safety requirements.
In addition, regular project status meetings will be held between the Owner and the Design- Builder either
biweekly or monthly, whichever is designated by the Owner's Project Manager. Job site meetings will be
used for preplanning of work, enforcing schedules, and establishing procedures, responsibilities, and
identification of authority for all too clearly understand.
Identity party or parties responsible to follow up on any problems, delay items or questions and record
course of action/solution. Revisit each pending item at each subsequent meeting until resolution is
achieved. Require all present to make any problems or delaying event known to those present for
appropriate attention and resolution.
Shop Drawing Submittals /Approvals Provide staff to check shop drawings and closely monitor their
submittal and approval process.
Material and Equipment Expediting Provide staff to closely monitor material and equipment deliveries;
critically important checking and follow -up procedures on supplier commitments of all subcontractors.
Payments to Subcontractors: Develop and implement a procedure for review, processing, and payment of
applications by subcontractors for progress and final payments. All financial documents and records shall
be maintained pursuant to reasonable accounting practices designed to afford the Owner the ability to
have the documents audited with the minimum of cost and disruption.
Document Interpretation Refer all questions for interpretation of the technical documents to the Owner
for direction.
Reports and Project Site Documents: Record the progress of the project. Submit written progress reports
to the Owner including information on the subcontractor's work, and the percentage of completion. Keep
a daily log available to the Owner and the Permitting Agency (ies) inspectors for reviewing and copying.
Subcontractor's Progress Prepare periodic punch lists for subcontractor's work including unsatisfactory or
incomplete items and schedules for their completion.
Substantial Completion Substantial completion shall be established by way of the following steps:
a. Design- Builder shall notify the Owner that the project is ready for Substantial
Completion inspections.
b. The Owner shall conduct such inspections.
Inspections shall be completed by the Owner's Representative.
The Owner shall consolidate a punch list (Owner's punch list)
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) — Contract
Attachment G
5 1 1 1 ,-
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
e. The Design - Builder shall issue a Certificate of Substantial Completion for acceptance by
the Owner's with punch list attached.
Start-up and commissioning Start-up and commissioning will consist of obtaining all regulatory
clearances and approvals in order to place the project into service. All approvals shall be reported and
provided to the Owner prior to Substantial Completion.
Final Completion: Monitor the Subcontractor's performance on the completion of the project and provide
notice to the Owner that the Work is ready for Final Inspection. Secure and transmit to the Owner all
required guarantees, affidavits, warranties, releases, bonds and waivers, manuals, record drawings, and
maintenance manuals including the Final Completion Form.
Record Drawings: The Design - Builder shall monitor the progress of their own forces or their
subcontractors on marked up field prints and at project; completion will prepare the final record drawings.
12. Administrative Records: The Design - Builder will maintain on the Job Site (and on e- Builder
platform) all project files and records. The project records shall be available at all times to the
Owner for reference, review or copying.
13. Owner's Use: The Design- Builder shall provide services during the design and construction
phases and will provide a coordinated Owner use of the project. It shall provide consultation and
project management to facilitate Owner use and provide transitional services to get the work, as
completed by the subcontractors; "on- line" in such conditions as will satisfy Owner operational
requirements.
The Design - Builder shall conduct the preliminary punch list inspection and coordinate the completion of
the punch list work to be done with the Owner's use in mind.
The Design- Builder shall secure required guarantees and warranties, assemble and deliver same to the
Owner in a manner that will facilitate their maximum enforcement and assure their meaningful
implementation. The Design- Builder shall continuously review "Record" Drawings" and mark up
progress prints to provide as much accuracy as possible.
The Owner may not use or take control of the Project elements until the above items the "Substantial
Completion" requirements specified in Paragraphs -11 have been completed to the City's satisfaction.
Nothing in this provision shall preclude the Owner from taking partial occupancy if necessary.
14. Warranty: Where any work is performed by the Design - Builder's own personnel or by
subcontractors under Contract with the Design /Builder, the Design - Builder shall wan that all
materials and equipment included in such work will be new except where indicated otherwise in
the Contract documents, and that such work will be new and of good quality, free from improper
workmanship and defective materials and in conformance with the Drawings and Specifications.
With respect to the same work, the Design - Builder further agrees to correct all work found by the
Owner to be defective in material and workmanship or not in conformance with the Drawings and
Specifications for a period of one (1) year from the Date of Final Completion or for such longer
period of time as may be set forth with respect to specific warranties contained in the trade
sections of the Specifications. The Design - Builder shall collect and deliver to the Owner any
specific written warranties given by others as required by the Contract Documents.
RFQ # 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) — Contract
Attachment G
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PROGRESSIVE DESIGNBUILD AGREEMENT
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The Design - Builder shall warrant to the Owner that it possesses good, clear and marketable title to all
equipment and materials provided and that there are no pending liens, claims or encumbrances against the
equipment and materials. Design- Builder is required to submit form provided by the Owner, named
"Warranty of Title" to certify this claim.
Performance Warranty referred to in GC2.1 l will not be required for this project.
15. Inspections:
Code Inspections: All projects require detailed code compliance inspections during construction in certain
disciplines. These disciplines normally include, but are not necessarily limited to structural, mechanical,
electrical, plumbing, and general building. All inspections shall be made for conformance with the
applicable building codes, compliance with drawings and specifications. The Design- Builder is ultimately
responsible for all code compliance.
Cost for all re- inspections of work found defective and subsequently repaired shall be borne by the
Design- Builder.
16. Subcontractors:
The Design - Builder shall not employ any subcontractor, whether initially or as a substitute
against whom the Owner has reasonable objection.
The Design- Builder shall make available to each proposed subcontractor, prior to the execution of
the subcontract, copies of the Contract Documents to which the subcontractor will be bound by
this Section 3.5, and identify to the subcontractor any terms and conditions of the proposed
subcontract which may be at variance with the Contract Documents. Each subcontractor shall
similarly make copies of such Documents available to its subcontractors.
a. Subcontract Requirements: The Design - Builder shall be responsible for pre -
qualifying subcontractors. Pre - qualification shall include but not limited to
evaluation of previous experience staffing resources, financial conditions and
overall ability to perform the work.
Workforce: The Design- Builder shall evaluate subcontractor's percentage of the
project construction work to be performed utilizing its own employees.
b. Subcontractor Experience: The subcontractor must demonstrate related
experience of similar size and complexity as determined by the Design- Builder.
Supervision: The subcontractor must agree to provide field (on -site) supervision
through a named superintendent for each trade (general concrete forming and
placement, masonry, mechanical, plumbing, electrical and roofing) included in
the subcontract. In addition, the subcontractor shall assign and name a qualified
employee for scheduling direction for its work. The supervisory employees of the
subcontractor (including field superintendent, foreman and schedulers at all
levels) must have been employed in a supervisory (leadership) capacity of
substantially equivalent level on a similar project for at least two (2) years within
the last five years. The subcontractor shall include a resume of experience for
each employee identified by him to supervise and schedule the work.
71
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Attachment G
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
C. All Subcontractors shall provide:
LIMITATION OF REMEDY- NO DAMAGES FOR DELAY OR
DISRUPTION
The subcontractor's exclusive remedy for delays or disruptions, except for active
interference by the Owner in the performance of the contract caused by events
beyond its control, including Owner delays claimed to be caused by the Owner or
attributable to the Owner and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
In the event of a change in the Work, the subcontractor's claim for adjustments in the contract sum are
limited exclusively to its actual costs for such changes.
Each subcontract shall require the subcontractor to expressly agree that the foregoing constitute its sole
and exclusive remedies for delays or disruptions and changes in the Work, and thus eliminate any other
remedies for claim for increase in the contract price, damages, losses, or additional compensation.
Each subcontract shall require that any claims by subcontractor for delay or additional cost must be
submitted to the Design - Builder within seven (7) calendar days in the format in which the Design- Builder
must submit such claims to the Owner. Failure to comply with the conditions for giving notice and
submitting claims shall result in the waiver of such claims. Any such claim must include a time impact
analysis as a justification for any equitable time or price adjustment, and a subcontractor's refusal to
provide such a timely analysis shall be considered a failure of a condition precedent to advance the claim
in any future litigation.
The Design - Builder shall also:
1. Observe work of each subcontractor to monitor compliance with schedule.
2. Verify that labor and equipment are adequate for the work and the schedule.
3. Verify that the product procurement schedules are adequate.
4. Verify that product deliveries are adequate to maintain schedule.
5. Report non - compliance with recommendation for changes to the Owner.
Responsibilities for Acts and Omission: The Design- Builder shall be responsible to the Owner for the acts
and omission of its employees and agents and its subcontractors, their agents and employees, and other
persons performing any of the work of supplying materials under a contract to the Design- Builder.
Subcontracts to be provided: Upon request, the Design - Builder shall include a copy of each signed
subcontract, including the general supplementary conditions, in the project manual.
17. Owner's Responsibilities:
Owner is Information: The Owner shall provide information that it possesses regarding the
requirements for the project.
Site Survey and Reports: The Owner shall provide any available surveys describing the physical
characteristics, soil reports, and subsurface investigations, legal limitations, utility locations, and
RFQ # 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment G
8 1 P�cig,e
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
a legal description relating to this Project. The Owner does not warrant the completeness or the
current accuracy of any reports and Design - Builder is entitled to rely on said reports in the
performance of its work for this Project unless Design - Builder knows or reasonably should have
known such surveys or reports are inaccurate.
Legal Services: The Owner shall furnish such legal services as may be necessary for obtaining
any approvals or easements and such auditing services as the Owner deem necessary.
Drawings and Specifications: The Owner will attempt to review and act upon the Design -
Builder's drawings and Specifications in ten (10) calendar days to avoid delaying the progress of
the Project.
18. Tests & Inspections: Design - Builder shall give Owner notice of readiness of the Work for all
required inspections, tests and approvals. Design - Builder shall assume full responsibility, pay all
costs and furnish Owner the required certificates of inspection, testing and approval for all
materials, equipment or the Work or any part unless other specified.
Neither Owner, nor other inspectors shall have authority to permit deviations from or to relax any
of the provisions of the Contract Documents, nor to delay the Agreement by failure to inspect the
materials and work with reasonable promptness.
The payment of any compensation, the giving of any gratuity or the granting of any favor by the
Design- Builder to any inspectors, directly or indirectly is strictly prohibited and punishable to the
full extent of the law, and any such action on the part of the Design - Builder will constitute a
termination of the resultant Contract.
19. Miscellaneous - Apprentices: If the Design - Builder employs apprentices on the project, the
behavior of the Design - Builder and Owner shall be governed by the provisions of Florida
Statutes, Chapter 446, and by applicable standards and policies governing apprentice programs
and agreements established by the Division of Labor of the Florida Department of Labor and
Employment Security. The Design- Builder will include provisions similar to the foregoing
sentence in each subcontract.
20. Establishment of Guaranteed Maximum Price: GMP Established after Execution of this Contract
GMP Proposal: Upon completion of Phase I (Design at Permitting Level), Design- Builder shall
submit a GMP Proposal to the Owner, which shall include the following, unless mutually agreed
to otherwise by the parties:
A proposed GMP, which shall be the sum of:
a) Lump Sum Amount for Phase I of the Project (Design at Permitting Level)
b) Cost of Work for Phase II of the Project
Construction Contingency Allowance for Phase 11
Design - Builder's Lump Sum General Conditions Amount for Phase 11 Design -
Builder's Lump Sum Insurance for Phase 11
Design - Builder's Bonds for Phase 11
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment G
91P - r see
PROGRESSIVE DESIGN/BUILD AGREEMENT
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Design- Builder's Fee for Phase li
Cost of the Work
A list of the drawings and specifications, including all addenda used as the basis for the GMT
Proposal;
A list of all the assumptions and clarifications made by the Design - Builder in the preparation of
the GMP Proposal, which list is intended to supplement the information contained in the
drawings and specifications;
The Guaranteed Completion Date- Substantial and Final Completion- (GCD) upon which the
proposed GMP is based, to the extent said date has not already been established and a schedule
upon which the GCD is based;
• list of allowances and statement of their basis;
• statement of additional services, and
The time limit for acceptance for the GMP Proposal.
All Lump Sum amounts set forth above shall be paid in accordance with a schedule of
values on a percent completed basis and shall NOT be subject to audit rights.
21. Insurance: During the performance of the services under this Contract, Design - Builder shall
maintain the following insurance policies, and provide Certificates of Insurance written by an
insurance company authorized to do business in the state of Florida.
a. Worker's Compensation Insurance: The Design- Builder shall procure and
maintain for the life of this Contract, Worker's Compensation Insurance covering
all employees with limits meeting all applicable state and federal laws. This
coverage shall include Employer's Liability with limits meeting all applicable
state and federal laws. This coverage must extend to any sub - contractors that
does not have their own Worker's Compensation and Employer's Liability
Insurance. The policy must contain a waiver of subrogation in favor of the City
of Boynton Beach, executed by the insurance company.
b. Comprehensive General Liability: The Design - Builder shall procure and
maintain for the life of this Contract, Comprehensive General Liability Insurance.
This coverage shall be on an "Occurrence" basis. Coverage shall include
Premises and Operations; Independent Contractors, Products Completed
Operations and Contractual Liability with specific reference of Article 7,
"Indemnification" of this Agreement. This policy shall provide coverage for
death, personal injury or property damage that could arise directly or indirectly
from the performance of this Agreement. Design - Builder shall maintain a
minimum coverage of $1,000,000 per claim and $1,000,000 aggregate for
personal injury/ and $1,000.000 per claim/aggregate for property damage. The
general liability insurance shall include the Owner as an additional insured and
shall include a provision prohibiting cancellation of the policy upon thirty (30)
days prior written notice to the Owner.
10 P<;
RFQ# 037- 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment G
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
C. Business Automobile Liability: The Design - Builder shall procure and maintain,
for the life of this Contract, Business Automobile Liability Insurance. The shall
maintain a minimum amount of $1,000,000 combined single limit for bodily
injury and property damage liability to protect the Design - Builder from claims of
damage for bodily and personal injury, including death, as well as from claims
for property damage, which may arise from the ownership, use of maintenance of
owned and non -owned automobile including rented automobiles, whether such
operations be by the Design - Builder or by anyone directly or indirectly employed
by the Design - Builder.
d. Professional Liability (Errors and Omissions) Insurance: The CONSULTANT
shall procure and maintain for the life of this Contract in the minimum amount of
$1,000,000 for each claim.
e. Umbrella Liability: The Design- Builders hall procure and maintain, for the life of
this contract, Umbrella Liability Insurance, over and above the previously noted
liability insurance policies. The Design - Builder shall maintain a minimum
amount at $10,000,000.
It shall be the responsibility of the Design- Builder to ensure that all sub - contractors comply with the same
insurance requirements referenced above.
In the judgment of the Owner, prevailing conditions may warrant additional liability insurance coverage
or coverage which is different in kind from the original insurance submitted by the Design - Builder. The
Owner reserves the right to require the provision by the Design- Builder of an amount of coverage
different from the amounts or kind previously required, and shall afford written notice of such change in
requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the
Design- Builder fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days
following the Owner's written notice, the Owner, at its sole option, may terminate the Contract upon
written notice to the Design - Builder, said termination taking effect on the date that the required change in
policy coverage would otherwise be effective.
Design- Builder shall, for a period of two (2) years following the tennination of the Agreement, maintain a
"tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a
claims -made policy only. The Design- Builder agrees to purchase the extended reporting period on
cancellation or termination unless a new policy is affected with a retroactive date, including at least the
last policy year.
Any exceptions to the insurance requirements in this section must be approved in writing by the Owner's
Risk Management.
22. Contractors Pollution Liability: Contractor's Pollution Liability: The Design- Builder shall
maintain during the term of this Contract, Contractor's Pollution Liability in the amount of
$2,000,000 Per Loss /$6,000,000 Annual Aggregate. Coverage will be required for any
Environmental /Pollution related services including but not limited to testing, design, consulting,
analysis, or other consulting work, whether self - performed or subcontracted. Additionally, such
coverage will include bodily injury, sickness, disease, mental anguish or shock sustained by any
person, including death; property damage including physical injury to or destruction of tangible
11 1 F il g e.
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment G
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible
property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible
property that has not been physically injured or destroyed; defense including costs, charges and
expenses incurred in the investigation, adjustment or defense of claims for such compensatory
damages; coverage for losses caused by pollution conditions that arise from the operations of the
DESIGN /BUILD FIRM including transportation. Owner shall be named as additional insured.
Coverage will be provided on an Occurrence Form or a Claims Made Form with a retroactive date equal
to at least the first date of this Contract and with a three (3) year reporting option beyond the Annual
expiration date of the policy.
Note: Umbrella or Excess Liability policies may be used to obtain the total limits of liability required to
meet the required limits of coverage stated above. Evidence of such coverage should clearly demonstrate
the underlying coverages /policies that are included.
23. Professional Liability (Errors and Omissions): The Design - Builder shall maintain during the term
of this Contract, Professional Liability Insurance in the minimum amount of $1,000,000 per
claim. Coverage will be broad to include Errors and Omissions specific to Design - Builder's
Professional Liability for direct and contingent design - errors and Architect's /Engineer's
Professional Liability with no exclusions for Design -Build work. Coverage will be provided on
an Occurrence Form or a Claims Made Form with a retroactive date equal to at least the first date
of this Contract and with a three (3) year reporting option beyond the Annual expiration date of
the policy.
24. Builder's Risk: During the course of Phase I of the Contract, the Design - Builders hall be
responsible to maintain Builder's Risk Insurance coverage with the limit being equal to 100% of
the completed value (Replacement Value) of the Project; including contractor's labor, materials
and equipment used for completion of the Work. The Builder's Risk policy shall include the
SPECIAL FORM /ALL RISK COVERAGES. The deductible for flood, wind, and hail cannot
exceed 5% of the insured value. No deductible greater than $50,000 shall be permitted for all
other perils. The Design- Builder is responsible for payment of deductibles for all losses except
for those losses as a direct result of Force Majeure. The Owner and the Design - Builder shall be
the certificate holder and Additional Named Insured.
The Pesigii Builder- entity (i.e. joint Nlentuize, Pai4nership, ete.) wmst be a flamed insured an all reqiAr-ed—
The Owner shall be named as additional insured under the Commercial General Liability Policy, the
Umbrella Policy, and the Contractor's Pollution Coverage.
Depending upon the nature of any aspect of this Project and its accompanying exposures and liabilities,
the Owner may, at its sole option, require additional insurance coverages in amounts responsive to those
liabilities, which may or may not require that the Owner also be named as additional insured.
Said insurance shall be written by an insurer holding a current certificate of authority pursuant to Chapter
624, Florida Statutes. Such insurance shall be endorsed to provide for a waiver of underwriter's rights and
subrogation in favor of the Owner of Boynton Beach. Such insurance shall be written by an insurer with
an A.M. Best Rating of A- VII X or better. Prior to commencing any work on the Project, Certificates of
RFQ # 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment G
121 P �y;t
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
Insurance approved by the Owner's Risk Management Department evidencing the maintenance of said
insurance shall be furnished to the Owner.
The insurance policies shall be endorsed to provide that no material alteration or cancellation, including
expiration and non- renewal shall be effective until thirty (30) days after receipt of written notice to the
Owner. Anything to the contrary, notwithstanding liabilities of the Design - Builder under this Contract
shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of
insurance coverages. Neither approval nor failure to disapprove insurance furnished by the Design -
Builder shall relieve the Design- Builder from responsibility to provide insurance as required by the
Contract.
25. Bonds: In accordance with the provisions of Florida Statutes §255.05, the Design- Builder shall
provide to the Owner, on forms furnished by the Owner, a 100% Performance and a 100%
Payment Bond, each in the amount of the Guaranteed Maximum Price, less the Design and
Engineering Fees. No qualifications, modifications or riders to the bond forms are permitted. The
Payment and Performance Bonds must be duly recorded in Palm Beach County Public Records as
a condition precedent to the Owner's issuance of a Notice to Proceed.
The performance bond shall be conditioned that the Design- Builder performs the Contract in the time and
manner prescribed in the Agreement. The payment bond shall be conditioned that the Design - Builder
makes payments to all persons who supply the Design- Builder with labor, materials and supplies used
directly and indirectly by the Design - Builder in the performance of the Work provided for in resultant
Contract, and any change orders shall provide that the surety shall pay the amount not exceeding the sum
provided in the bonds, together with interest at the maximum rate allowed by law and that the Design -
Builder and surety shall indemnify and hold harmless the Owner to the extent of any and all payments in
connection with the performance of this Contract which the Owner may be required to make by law.
To be acceptable to the Owner as Surety for Performance Bonds and Payment bonds, a Surety company
shall comply with the following provisions outlined in the General Conditions herein.
The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten (10)
percent of its surplus to policyholders, provided:
a. Any risk or portion of any risk being reinsured shall be deducted in determining the
limitation of the risk as prescribed in this section. These minimum requirements shall
apply to the reinsuring carrier providing authorization, or approval by the State of
Florida, Department of Insurance to conduct business in the state has been met.
b. In the case of the surety insurance company, in addition to the deduction for reinsurance,
the amount assumed by any co- surety, the value of any security deposited, pledged or
held subject to the consent of the surety and for the protection of the surety shall be
deducted.
RIM
TIMIRT". Mr.
RFQ# 037 - 2821 -17/TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment G
131 Prir'e
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
Builder- shall eefr-eet any defieieneies eF faulty Wer-k or- material whieh appears within ene (4) yeaf a4e
final eeffi of th A gf nt upee e fifi e aa i of the Q
26. Harmony: Design- Builder is advised and agrees that it will exert every reasonable and diligent
effort to assure that all labor employed by Design- Builder and its Subcontractors for work on the
Project shall work in harmony with and be compatible with all other labor being used by building
and construction contractors now or hereafter on the Site of the Project. Design- Builder further
agrees that this provision will be included in all subcontracts of the subcontractors as well as the
Design- Builder's own contract; provided however, that this provision shall not be interpreted or
enforced so as to deny a bridge on account of membership or non - membership in any labor union
or labor organization, the right of any person to work as guaranteed by Article 1, Section 6 of the
Florida Constitution.
27. Apprentices: If the Design- Builder employs apprentices on the project, the behavior of the
Design- Builder and Owner shall be governed by the provisions of Florida Statutes, Chapter 446,
and by applicable standards and policies governing apprentice programs and agreements
established by the Division of Labor of the Florida Department of Labor and Employment
Security. The Design- Builder will include provisions similar to the foregoing sentence in each
subcontract.
28. Confidentiality and Public Records Law: Any information disclosed by one party ( "Disclosing
Parry ") to the other party ( "Recipient ") in connection with this Contract that is marked
confidential or that due to its character and nature, a reasonable person under like circumstances
would treat as confidential (the "Confidential Information ") will be protected and held in
confidence by the Recipient. Confidential Information will be used only for the purposes of this
Contract and related internal administrative purposes. Disclosure of the Confidential Information
will be restricted to the Recipient's employees, contractors, or alliance companies on a "need to
know" basis in connection with the Work, who are bound by confidentiality obligations no less
stringent than these prior to any disclosure. Each party may disclose Confidential Information
relating to the Work to providers of goods and services such disclosure is necessary and
reasonably anticipated. Confidential Information does not include information which: (i) is
already known to Recipient at the time of disclosure; (ii) is or become publicly known through no
wrongful act or failure of the Recipient; (iii) is independently developed by Recipient without
benefit of Disclosing Party's Confidential Information; or (iv) is received from a third party
which is not under and does not thereby breach an obligation of confidentiality. Each party agrees
to protect the other's Confidential Information at all times and in the same manner as each
protects the confidentiality of its own proprietary and confidential materials, but in no event with
less than a reasonable standard of care. A Recipient may disclose Confidential Information to the
extent required by law, but that disclosure does not relieve Recipient of its confidentiality
obligations with respect to any other party. Except as to the confidentiality of trade secrets, these
confidentiality restrictions and obligations will terminate five (5) years after the expiration or
termination of the Contract under which the Confidential Information was disclosed, unless the
law requires a longer period. The parties acknowledge that the Owner is a municipal corporation
that is subject to Florida Statutes § 119, and related statutes known as the "Public Records Laws."
If a request is made to view such Confidential Information, Owner will notify Design- Builder of
such request and the date that such records will be released to the requester unless Design- Builder
RFQ # 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment G
141 Pa k—
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
obtains a court order enjoining such disclosure. If the Design - Builder fails to obtain that court
order enjoining disclosure, Owner will release the requested information on the date specified.
Such release shall be deemed to be made with the Design- Builder's consent and will not be
deemed a violation of law, including but not limited to laws concerning trade secrets, copyright or
other intellectual property. In the event the Design - Builder breaches this Contract, then the
Design- Builder hereby grants Owner a limited license to use the Confidential Information in any
reasonable way in order to mitigate Owner's damages.
29. Severability: Should any provision of this Contract be deemed or determined to be unenforceable
by a court of competent jurisdiction, the remaining contract provisions shall remain in full force
and effect.
30. Verification of Employment Status: The Owner shall not intentionally award contracts to any
contractor who knowingly employs unauthorized immigrant workers, constituting a violation of
the employment provisions of the Immigration and Naturalization Act ( "INA "). The Owner shall
consider the employment by the Design- Builder of authorized immigrants, a violation of Section
274A (e) of the INA. The Design- Builder agrees that such violation shall be grounds for the
unilateral cancellation of the Contract by the Owner.
31. Payment of Overtime: Any Overtime required for the Design - Builder to complete the Work
within the Contract Time shall be at the sole cost and expense of the Design - Builder. if Owner
requires the Design - Builder to perform Overtime Work in order to complete the Work prior to the
Guaranteed Completion Date, the Design - Builder shall invoice the Owner for the Overtime such
that only the actual costs incurred by the Design- Builder relating to the payment of Overtime
premiums, in accordance with the labor policies and applicable laws. Such actual costs include
Overtime wage premium, and additional taxes and insurance directly associated with the
Overtime wage premium. The Design- Builder agrees that it will not charge for personnel paid a
salary, or other form of compensation such that the Design - Builder incurs no direct costs as a
result of the Overtime.
The Design - Builder shall total the direct Overtime charges, and add the agreed upon overhead rate, but in
no case shall such overhead rate exceed ten - percent (10 %) of the total Overtime costs.
Overtime may only be charged to Owner if the Design - Builder was directed in writing by the Owner to
incur the Overtime. Such authorization for Overtime shall be accompanied by a Change Order
Scheduling of Overtime: The Owner and the Design- Builder shall establish and agree
upon an overall project baseline schedule that shows all work scheduled in excess of forty
(40) hours per week, and work scheduled on Saturdays, Sundays and Holidays
( "'Scheduled Overtime "). Whenever the Design - Builder has Work scheduled beyond the
hours per day, days per week, or the Saturdays, Sundays or Holidays shown on the
baseline schedule ( "Unscheduled Overtime "), then the Design - Builder shall arrange in
advance for Owner or the Owner's representative to inspect the Work performed during
Unscheduled Overtime. The Design - Builder shall not perfoml Overtime Work,
scheduled, unscheduled without the Owner or the Owner is representative at the Work
Location, or available to perform the inspection, as directed by the Owner. The Design-
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) — Contract
Attachment G
151E .�e
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
Builder shall reimburse for any additional costs associated with the Owner or the Owner's
representative's Overtime pay related to Unscheduled Overtime.
2. Force Majeure: No party shall be liable for any default or delay in the performance of its
obligations under this Contract due to an act of nature or other event to the extent that: (a)
the non - performing party is without fault in causing such default or delay; (b) such
default or delay could not have been prevented by reasonable precautions; and (c) such
default of delay could not have been reasonably circumvented by the non - performing
party through the use of alternative sources, work - around plans or other means. Such
causes include but are not limited to: act of civil or military authority (including but not
limited to courts and administrative agencies); acts of God; war, terrorist attacks; riot;
insurrection; inability of Owner to secure approval, validation, or sale of bonds; inability
of Owner or Design- Builder to obtain any required permits, licenses or zoning,
blockades; embargoes; sabotage; epidemics; fires; hurricanes; tornados; floods, or strikes.
In the event of any delay resulting from such causes, the time for performance of each of the parties
hereunder (including the payment of monies if such event actually prevents payment) shall be extended
for a period of time reasonably necessary to overcome the effect of such delay, except as provided for
elsewhere in the Contract Documents.
In the event of any delay or non - performance resulting from such causes, the party affected shall
promptly notify the other in writing of the nature, cause, date of commencement and the anticipated
impact of such delay or non- performance. Such written notice, including Change Orders, shall indicate
the extent, if any, to which it is anticipated that any delivery or completion dates, will be thereby affected.
3. Interruptions: In situations whereby Design - Builder deems it necessary to interrupt
operations, only a twenty -four (24) hour downtime is permissible.
PRICE PROPOSAL
Task 1-4
Engineering Task Descriptions
Task Cost
1
Review of Project Performance Criteria / Value Engineering and
Design
1.1
Review of Project Performance Criteria / Value Engineering and
$ 15,567.05
Design
1.2
Public Relations
$ 57,533.53
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment G
16 1 F ,,, e
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
2
Design Development
Task Cost
2.1
Neighborhood Construction Plan review
$ 31,854.10
2.2
Forcemain Design Development
$ 81,784.39
2.3
Landscape Plan Development (allowance)
Moved to Below
2.4
Regulatory Agency /Permit Review, Coordination and
$ 40,650.29
Applications
2.5
Topographic and Hydrographic Field Survey and Locates
$ 132,817.34
2.6
Geotechnical Investigations
$ 101,006.76
2.7
Easement Acquisition
$ 30,133.53
3
Meetings and Project Management
3.1
Progress Meetings
$ 72,535.26
3.2
Project Status Reports
$ 81,283.81
4
GMP Pricing
$ 23,651.44
Task 5
Early Construction Task Development
Task Cost
5.1
Tree Removal / Replacement
$ 53,950.29
5.2
Sealcoat and stripe Church Parking Lot
$ 1,416.76
5.3
Watermain, Driveway and Sidewalk
$ 53,739.21
5.4
Project Quality Control (QC) and Technical Review (Preparation)
$ 5,542.53
Early Construction Subtotal
$ 750,476.30
2.3a I Landscape Allowance (Task Development) 1 $ 17,900.00
Task 6
Early Construction Task Efforts
Task Cost
6.1
Tree Removal / Replacement (Allowance)
$ 465,375.00
6.2
Sealcoat and Stripe Church Parking Lot
$ 16,700.00
6.3
Watermain, Driveway and Sidewalk
$ 1,800,000.00
6.4
Project Quality Control (QC) and Technical Review
$ 6,250.84
( Implementation )
Early Construction Subtotal
$ 2,288,325.84
17 1 P i
RFQ # 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment G
PROGRESSIVE DESIGN/BUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE 11
i Development and Early Construction Total (Less
Allowance)
$ 3,038,802.13
2.3b
Landscape Allowance (Task Efforts)
$ 43,978.12
Total with Allowance $ 3,100,680.25
6.00 % Fee $186,040.182
Phase I Total: $ 3,286,721.07
END OF SECTION
18
RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase 11 (Design Build) --Contract
Attachment G
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
ATTACHMENT H
PHASE 1 - DESIGN DEVELOPMENT GUARANTEED MAXIMUM PRICE DEVELOPMENT
SCOPE OF WORK
CENTRAL SEACREST UTILITY IMPROVEMENTS PHASE II
This Authorization, when executed, shall be incorporated in and become part of the Agreement for
Design -Build Services between the City of Boynton Beach (Owner or City), and Ric .'elan International
Inc. (Design- Builder), dated hereafter referred to as the Agreement.
PROJECT BACKGROUND
The Design - Builder will ultimately perform engineering design, surveying, geotechnical work
permitting, construction, installation and start -up support in the form of a two -phase Guaranteed
Maximum Price (GMP) approach.
This Phase I Scope of Services involves design development and GMP development services for
impletnentations CENTRAL SEACREST UTILITY IMPROVEMENTS PHASE II project.
The Central Seacrest Corridor Drainage Improvements and Water ,Main Replacement project was
complete in 20i 3 by C2MHILL and consists of two phases. Phase 1 construction was completed. Phase 2
is the subject of this RFQ. Contract 1 (Phase 1) included the northern portion of the project area extending
from S.W 6th Ave to Boynton Beach. Contract 2 (Phase 2) includes the southern portion of the project
area and consists of watermain replacement, stormwater system upgrades including new exfiltration
trench, pavement overlay, landscape relocations and miscellaneous upgrades to driveway aprons and
sidewalks, a 2" Reclaimed Water line along Seacrest Blvd, and Landscaping along Seacrest Boulevard.
The Central Seacrest Corridor Drainage Improvements and Water Main Replacement Contract 2 design
drawings by CH2MHILL (October 2013) and Landscape drawings by G. Allan Hendricks (November
2010) shall be considered the base design drawings and are provided in Appendix A and C -1 from the
RFQ. A comprehensive list of existing reference documents used to prepare the base design is included in
Appendix D of the RFQ. The criteria to design and construct Contract 2 have been revised and are
included here in. The Design Build Team shall exercise creativity and due diligence to complete the
project in accordance with project base design drawings, City General and Special Conditions and
included herein.
The major scope components will include the following utility facilities improvements:
• Watermain distribution system replacement and upgrades and reestablishment of water service
connections
• Stormwater system upgrades including new exfiltration trench
• Roadway reconstruction and Pavement overlay
• Landscape relocations and miscellaneous upgrades
• Sidewalk / Driveway Apron construction
• 2" Reclaimed Water line along Seacrest Blvd
RFQ # 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment H
1 1 P.� e e
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
• Forcemain construction and easement acquisitions
• Landscaping along Seacrest Boulevard
• Church parking lot modifications (sea] and restripe)
Design- Builder will execute this work in a two -phase process. The first phase will involve preliminary
engineering design, surveying, and geotechnieal work for the development of Design Documents to be
completed to a GMP development level of completion. Design and pennitted plans for the Central
Seacrest Corridor Drainage Improvements and Watermain Replacement Contract 2 are provided and are
to be utilized along with the project performance criteria, for development of a GMP. Construction
engineering and inspection associated with the construction of this portion on the projects will be
required. The primary submittals or deliverables of Phase 1 will consist of a forcemain alignment
recommendation report, forcemain drawing and pen application, as well as a GMP development
document, which will further elaborate on the scope, budget and schedule of the Project. As part of Phase
1 activities, the Owner shall have the opportunity to review and comment on the GMP program, schedule
and budget. Phase 2 will include final design, other permitting, procurement, construction, installation,
commissioning, and start-up services. Basic Services to be provided by Design - Builder include the
following:
SCOPE OF WORK
Phase 1 - Design Development /GMP Development
The following scope items have been identified for Phase 1:
Task 1- Review of Project Performance Design Criteria / Value Engineering and Design
Subtask 1.1 -Review Neighborhood Project Performance Criteria
Subtask 1.2 — Public Involvement, Neighborhood Meeting
Task 2 - Design Development
Subtask 2.1 - Neighborhood Construction Plan Review
Subtask 2.2 - Forcemain Design Development
Subtask 2.3 — Seacrest Boulevard Landscape
Subtask 2.4 - Regulatory Agency Permit Review, Coordination and Applications
Subtask 2.5 - Topographic and Hydrographic Field Survey and Locates
Subtask 2.6 - Geotechnical Investigations
Subtask 2.7 — Easement Acquisition
Task 3 - Meetings and Project Management
Subtask 3.1 - Progress Meetings
RFQ# 037 - 2821 -17/TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment H
21F -
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
Subtask 3.2 - Project Status Reports
Task 4 - GMP Pricing
Task 5 - Early Construction Activities
Subtask 5.1 — Tree Removal and Replacement (After establishing pricing— Task 4)
Subtask 5.2 — Sealcoat and Stripe Church Parking Lot
Subtask 5.3 — Watermain, Driveway and Sidewalk Construction (After establishing pricing —
Task 4)
Subtask 5.4 - Project Quality Control (QC) Technical Review
Phase 2- GMP Execution /Final Design /Construction and Close out
Task 6 - Final Design
Task 7 - Procurement
Task 8 - Construction
Task 9 - Project Close out
The detailed scope of services for Phase I is included as follows:
PHASE 1 - DESIGN DEVELOPMENT/ GMP DEVELOPMENT
TASK 1 - REVIEW OF PROJECT PERFORMANCE CRITERIA / VALUE ENGINEERING
AND DESIGN
This task provides for the initiation of the Project, a Design Stage Review Step that involves the review
and evaluation of previous work relating to the Project, a review of Project Perfonnance Criteria meeting
between the Owner and Design - Builder personnel to evaluate alternative criteria and design concepts and
consider life cycle and capital cost saving opportunities. Once the viable alternatives are identified and
evaluated, a Design Definition Meeting between the Owner and Design - Builder personnel will be
conducted to select design concepts for the wastewater Forcemain and project performance modification
for the Neighborhood Improvements. Subtasks are as follows:
Subtask 1.1- Review of Project Performance Criteria / Value Engineering and Design
The Design- Builder will review previous documents prepared by others and that have served as guidance
for development of the Request for Qualifications (RFQ) for procurement of the Design- Builder. This
review will be to clarify project goals, understand the nature and scope and the project performance
criteria / design concepts. The Design- Builder will confer with Owner on documents and /or data to be
reviewed, including existing design plans and specifications, concept plans and design criteria.
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment H
31F' ,,!e
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
As part of the preparation for the Criteria review meeting, the Design - Builder will review the following
reports, that previously documents, design criteria and recommendations for which the Scope of Work as
defined in RFQ were based on:
• The Central Seacrest Corridor Drainage Improvements and Water ,Main Replacement
Contract 2 design drawings by CH2MHILL (October 2013)
• Landscape Plans by G. Allan Hendricks (November 2010)
• Proposed Forcemain Concept Plan
• Proposed Church Parking Area Concept Plan
Subsequent to this expedited review, the Owner desires to hold a review meeting of the Project
Performance Criteria / Value Engineering to identify and evaluate the existing design concepts and
criteria against other potential options. Design and permitted plans for the Central Seacrest Corridor
Drainage Improvements and Watermain Replacement Contract 2 are provided and are to be utilized along
with the project performance criteria, for development of a GMP. Construction engineering and
inspection associated with the construction of this portion on the projects will be required. Design,
Construction and technology experts from the Design- Builder will prepare for and participate in this
meeting which will use the Design Manager as a Facilitator, with the goal of either reviewing the existing
design plans and concepts and determining if there are viable alternatives that (1) may decrease overall
Project costs and /or (2) may offer design enhancements that improve the overall value of the Project. If
viable alternatives are identified and agreed to, the Design - Builder will provide comparative planning-
level cost estimate to detennine if the identified alternatives result in an overall lower Project cost and /or
maintenance benefits offer significant additional value to the OWNER.
Subsequent to this project review meeting, Design - Builder will prepare a draft set of minutes to include
comparative planning level cost estimates for the identified viable alternatives.
Project Performance Criteria
The Owner wishes the Design Builder to utilize the Central Seacrest Corridor Drainage Improvements
and Water Main Replacement Contract 2 design drawings by CH2MHILL (October 2013) as the basis for
the Phase 11 construction as modified by the following performance criteria. The Owner and Design -
Builder will consider the following Performance Criteria, at a minimum, for inclusion in the Phase 1
design on the project:
A. Water Main Replacement
Construction Engineering and construction of 6 -inch and 8 -inch diameter potable water
distribution main within the Contract 2 project area. The existing distribution water main within
the proposed Contract 2 area will be removed or grouted. All existing service lines will be
connected to the new water main. Existing meters will be relocated as required. Existing fire
hydrants will be removed, salvaged, and replaced with new city standard fire hydrants. Additional
water main modification requirements are described as follows:
The water main shall be located on the same side of the road as shown on the
base design drawing, between the roadway centerline and the right of way line.
The preferred location shall be 2 feet inside of the edge of pavement, unless pipe
bursting method is used. Pipe material may be PVC C -900 instead of Ductile Iron
RFQ # 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment H
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
as applicable, in the event of pipe bursting HDPE will be accepted. Ductile Iron
pipe will still be required for conflict crossings and Fire Hydrant branches.
2. Asbestos cement piping (ACP) hatched and called out for removal may be
abandoned in place or removed, unless pipe bursting is used. Most of the ACP
shall be abandoned in place. Any removal of ACP shall be done in accordance
with all FDEP requirements. Abandoned pipes 4- inches in diameter or greater
shall be grout filled. Non -ACP mains 4- inches and larger under hard surfaces
(Roads, Driveways, Sidewalks, etc.) shall be grouted, and cut and capped in
green areas.
3. Changes in pipe alignment may be accomplished using appropriate fittings or
through pipe deflection. Pipe deflection at the joint is allowed when utilizing
ductile iron pipe only, and shall not exceed 75% of the manufacturer's
recommended maximum joint deflection.
4. The Design Build Team may propose a revised fire hydrant layout with spacing
in accordance with the NFPA 1 Fire Code for approval by the City. The Fire
Marshall may review the fire hydrant layout for approval. Any AutoCAD
modifications shall be considered an additional scope.
5. Details regarding interconnections and Testing for PBC Health Department
clearances are not specified, therefore the Design Build Team shall develop the
plan to satisfy Health Department permit and clearance requirements. A testing
plan shall be submitted for approval by the City.
6. Air release valves are required at high points on the water main. The number and
location shall be field verified by the Design Build Team.
7. ALL water service connections located to the rear of customer properties shall be
relocated to the front of the property by the Design /Build team.
8. The Design Build Team shall be responsible for coordinating with property
owners for the completion of the work associated with Contract 2. Coordination
shall include but not be limited to construction notification letters, notarized Hold
Harmless Agreements, right of entry forms, individual plumbing permits, trees
removal /relocation/replacement, and any other coordination deemed necessary by
the City
9. If after two documented attempts to obtain the Right of Entry permits from the
owner with no success, the Design Build Team shall proceed with the
correspondent service transfer. The Design Build Team shall be responsible for
coordinating Right of Entry Permits, Building Permits and any other applicable
permits required for the service relocation
B. Stormwater System Improvements
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment H
511% :
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
Design and construction of exfiltration trenches with 24 -inch drainage pipe in various areas
within the Contract 2 area. The general locations of the exfiltration trenches and stormwater
structures are shown in the existing design drawings. Additional design requirements are
described as follows:
10. The location of storm structures and exfiltration trenches may vary from the base
design drawing as needed. Storm structures are to be installed at low points
within the right -of -way to facilitate collection of roadway stormwater runoff.
11. Storage volumes shall remain as shown on the base design drawing.
12. Wastewater sewer service laterals in conflict with construction shall be removed
and replaced with C900 PVC pipe and fittings in accordance with the current
City Construction Standards and Details.
C. Reclaimed Water System Extension
Design and construction the following:
13. 2" reclaimed watermain extension from the existing box at SW 6th Ave. up to
S W l 2th Ave.
14. A 12 "x6" tap with 6 "x2" reducer at SW 12th Ave and construct a 2" reclaimed
water main up to SW 2nd Ave, and install a meter box.
D. Landscape Removal and Replacement
Design and construction of landscape shall include the removal of all trees currently located
within the public right of way. Landscape improvements shall be in accordance with the
following:
15. Landscape improvements shall be completed in accordance with the Seacrest
Improvements Landscape Plan. The Contractor shall apply for and obtain the
required landscape permit associated with the landscape work
16. Upon removal of trees from the right -of -way in front of homeowners property
and at the request from the property owner, up to four trees may be replaced on
the owner's property at a 2 to 1 ratio. Trees that will be used for replacement are
listed in the attached Central Seacrest Corridor Tree Selection Right Tree – Right
Place Form.
17. Upon request from the adjacent property owner, the Contractor may also relocate
trees from the public right -of -way to owner's property. Eligibility for tree
relocation will be dependent upon the size and type of trees being requested.
18. The Contractor will be responsible for coordinating the Tree Selection, Right
Tree – Right Place Forms and notarized Hold Harmless Agreement prior to the
tree relocation or replacement. The Contractor must provide the City with a
signed and notarized copy of the Hold Hannless Agreement prior to the tree
relocation or replacement.
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) — Contract
Attachment H
6 1 f' a _, e
PROGRESSIVE DESIGN /BUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
19. As a reference, the spreadsheet CSC PH2 BASIC INVENTORY OF TREES
AND PRELIMINARY CRITERIA FOR REMOVAL / REPLACEMENT /
RELOCATION / SAVE. — (Appendix "D" from RFQ).
20. The disturbed sod and irrigation shall be restored in kind or to better conditions.
The Design Build Team shall verify and document the existing conditions for
granting the as- built.
E. Sidewalk and Driveway pron Improvements
Design and construction of new sidewalks at locations where there are discontinuations in the
existing sidewalk 200 feet or less. Design and construction of new concrete driveway aprons to
replace existing swaled, asphalt or damaged driveway aprons. Six (6) new bus benches with
center rails and trash shall be included in the design. The location of the benches shall in the
general vicinity shown on the Seacrest Improvements Landscape Plan. Sidewalks and benches
shall be ADA compliant.
F. Cast in Place Concrete and Asphalt
All damaged or failing asphalt edges within the limits of the project shall be repaired. The
repaired area shall be a minimum of 18- inches wide. The surfacing shall be mechanical saw cut,
leaving a uniform and straight edge, with minimum disturbance to the remaining adjacent
surfacing. Stabilized subgrade shall be compacted for its full thickness (minimum 12 ") and not
less than 98 percent of maximum density. Base course shall consist of lime rock material a
minimum 8 ", compacted to 98% of the maximum density at AASHTO Method T -180. The base
surface shall be tack - coated and an asphaltic concrete structural course consisting of matching
type and thickness of that removed shall be constructed to match the undisturbed grade at all
edges. Restore pavement markings, reflectors, traffic loops etc. to equal or better than existing
conditions.
All the roads within the project area shall be milled and resurfaced; ponding in existing roads
shall be corrected during resurfacing.
All existing swaled driveway aprons, asphalt driveway aprons and damaged driveway aprons
shall be removed and replaced with a typical Concrete Driveway Apron in accordance with the
City Construction Standards and Details.
The Design Build Team shall avoid damage or disruption of existing driveways constructed of
stamped concrete or pavers.
Existing concrete sidewalks shall remain, except where removal is necessary for construction.
Include replacement of broken sections of sidewalk and replacement of asphalt sidewalks. New
concrete sidewalk shall be constructed at all gaps or discontinuations in the existing sidewalk 200
feet or less. New sidewalk shall be constructed along the north side of SW 12th Ave from SW 3rd
St up to Seacrest Blvd. The Design Build Team shall complete additional sidewalk improvements
as shown in the Seacrest Improvements Landscape Plan. The Landscape Plan is provided in
Appendix C -1 from RFQ.
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment H
71 F', g
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
All newly constructed sidewalks connecting to roadways and newly installed bus benches shall be
ADA compliant.
As a reference, attached is the spreadsheet CSC PH 2 PRELIMINARY INVENTORY /
CRITERIA OF DRIVEWAY APRONS — SIDEWALKS REPLACEMENT / REPAIR. -
(Appendix "D" from RFQ)
G. Forcemain Construction
The construction of a 10 -inch diameter forcemain is to be constructed along SE 13th Avenue
from SE 3rd Street eastward to SE 1 st street. The forcemain will then turn south and travel along
SE 1st Street, crossing Woolbright Road, and enter into the East Water Treatment Plant Site. The
forcemain will continue south along the eastern boundary of the plant site to a point west of SE
18th Avenue. At That Point the forcemain will turn east and cross the railroad right -of -way and
continue east along SE 18th Avenue to the east side of Federal Highway. The forcemain will then
turn north and end at the SW corner of the River Walk Plaza Parcel. A sketch of the route can be
found in Appendix C -2 from RFQ.
H. Parking Lot Project
Along with roadway improvements outlined in the Base Construction Drawings, parking lot seal
coat, restriping and associated handicapped parking signs to the First Presbyterian Church
parking Lot are to be constructed. These improvements are shown on the plan in Appendix C -2
from RFQ.
I. Miscellaneous Improvements
Miscellaneous site restoration and infrastructure replacements will be necessary as a result of the
potable water, reclaimed water and storm system replacements and improvements. The
miscellaneous improvements shall include but not be limited to sewer lateral replacements,
sidewalk and curb replacements, road restoration, tree relocation, and irrigation and sod
restoration.
All design and construction including materials and appurtenances will confornl to the Palm Beach
County Streetscapes Standards Manual and the City of Boynton Beach, Utility Engineering Design
Handbook and Construction Standards.
In addition to the above performance criteria, the following items are required as part of this project.
Demolition: the CITY or its representative shall inspect any equipment, piping, fittings, valves and
appurtenances to be removed or abandoned immediately prior to removal or abandonment. Such material,
which is in the opinion of the CITY or its representative, salvable, shall be removed and transported to a
location designated by the CITY. if the equipment is not wanted by the CITY, the Design - Builder shall
become the owner of the equipment and shall dispose of it. Under no circumstances shall existing
structures, piping or equipment be removed or demolished without obtaining approval from the CITY or
its representative. The Design - Builder shall be responsible for transporting the salvable material to the
desired location.
Dewatering System The Design- Builder shall install dewatering equipment as necessary to maintain a
dry work area for all new installations. Groundwater sampling and analysis shall comply with the Florida
81P .
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) — Contract
Attachment H
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
Department of Environmental Protection (FDEP) Generic Permit for Groundwater Discharge. The
sampling and analysis shall be performed in accordance with FDEP's Standard Operating Procedures
(SOP's) and all laboratory analysis shall be performed by a State of Florida approved laboratory.
Mitigation: The Design- Builder shall develop a mitigation strategy covering major events that might
affect the Project such as severe weather or protracted loss of treatment capacity caused by work within
the Project.
Schedule: The Design- Builder shall provide a project schedule showing major activities such as, design
and permitting, construction activities and final completion.
Design Definition Meeting_ The goal of the Design Definition Meeting is to review performance design
criteria and recommendations, discuss incorporation of the viable alternatives developed in Subtask 1.1,
set the extent of team involvement, discuss desired concepts, establish lines of communication, and
discuss schedule. Subsequent to this meeting, Design- Builder will prepare a draft set of minutes to
include a finalized list of design elements. Design - Builder will receive comments on the draft minutes,
revise said documents and submit an electronic copy of the Final Minutes. The design concepts present in
the Final Minutes will serve as the basis of design for the Design Development (Phase 1) and the Final
Design/Construction Phase (Phase 2).
Subtask 1.2 - Public Relations
The Design - Builder will be responsible for project safety and quality control, as well as other activities
necessary to construct the project. The Design- Builder shall ernploy an independent personal relations
specialist or firm to assist with communication between the project team and the effected community.
Communication shall include coordination and information transfer via public meetings, telephone, email,
newsprints and pamphlets. The Design- Builder shall provide the project with a separate telephone number
and email address. The public outreach fine shall update the utilities Facebook and Twitter accounts as
required and shall coordinate updates with a designee from the City. Facebook and Twitter account shall
be used to broadcast project updates on frequent basis.
Facebook will be used to update followers on the progress of the project, any road closures or impacts to
the quality of life, schedule updates and other information as necessary at least once per weekday utilizing
pictures as much as possible. The Twitter account shall be used for multiple daily updates of the project
status including road closures or disruptions of transportation corridors and locations of daily work.
Pictures shall be used where possible.
The Design — Builder will develop a strategy for distributing and collecting the required documentation
from the neighborhood stakeholders for their tree relocations, water service installation and driveway
apron construction.
Projects that have a construction period longer than nine (9) months shall also publish a one page
electronic monthly newsletter that contains project status that will be pre - approved by the Utility prior to
publication.
The Design - Builder will prepare for and conduct a meeting with the neighborhood stakeholders to
discuss the improvement plans for the neighborhood. The Owners staff will also attend. The meeting
venue is assumed to be provided at the First Presbyterian Church located on the corner of SW 6`'' Ave.
RFQ # 037- 2821 -17/rP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment H
9 1 F o ,, e
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
and SW 2 nd Street, The Design - Builder will coordinate with stakeholders to obtain require agreements
for construction on their property. Tree removal and replacement and driveway apron constructions will
also be discussed. Input for the neighborhood will be documented by the Design Builder and where
feasible will be incorporated into the construction.
TASK 2 - DESIGN DEVELOPMENT
The Design Development phase will be structured to develop the Design Package to obtain environmental
permits and articulate the engineering and technical concepts culminating in a GMP pricing (Task 4).
Design- Builder will conduct various site visits and meetings with the Owner in addition to reviewing all
applicable existing engineering data and drawings to fully understand the existing conditions and the
Owner expectations. Design- Builder will coordinate this effort with the Owner.
Subtask 2.1 - Neighborhood Construction Plans Review
This task provides for the preparation of updated (Red- Lining) Neighborhood Improvement construction
documents based on the project performance criteria, for the following major scope components, to the
level to support any additional application for the Permits and construction:
• Watermain Distribution System Replacement and Upgrades: Updated watermain alignment,
confirmation of proposed new water meter locations and reestablishment of water service
connections:
• Stormwater System Upgrades: Construction of swale system throughout neighborhood
including new exfiltration trench. In addition removal of unpermitted asphalt parking placed in
City right of way.
• Roadway Reconstruction and Pavement Overlay: Roadway restoration over trench along with
pavement overlay.
• Landscape Relocations and Miscellaneous Upgrades: Relocation or replacement of trees within
the public right of way to facility construction of project improvements.
• Sidewalk / Driveway Apron Construction; Restoration of deteriorating and broken sidewalks
along with construction of additional new ADA compliant sidewalks throughout the
neighborhood. Replacement of swaled asphalt and damaged driveway aprons with new concrete
aprons
• Church Parking Lot Modifications: Sealcoat, striping and associated handicapped parking
shown on the concept plan all in accordance with City Standards.
Subtask 2.2 — Forcemain Design Development
The Design - Builder shall develop the conceptual forcemain plans to a level to enable permit applications
submission and GMP development. The Design - Builder shall evaluate up to 3 forcemain routes and
conduct preliminary evaluations regarding the feasibility of each route. A summary memorandum of the
route investigation including cost and benefits for each route shall be submitted to the Owner for review.
The memorandum will include recommendation as to which route to pursue. Once approved the Design —
Builder shall develop construction plans based on the Owner's Utility Standard specification for the
selected route.
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment H
101 P :, t
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
This Design - Builder will provide and distribute four (4) full size hard copies and an electronic copy in
PDF format through e- Builder of the Design Development documents for review and comment by the
Owner. The Owner will review the design documents and other deliverables and will provide comments
at a project review workshop meeting to be held within fifteen (15) business days of delivery of
documents from the Design - Builder. The Design - Builder will incorporate Owner's comments from the
project meeting(s) and resubmit the deliverables in electronic, PDF format, within ten (10) business days
from the review meeting(s) for the Owner's review and approval.
Subtask 2.3 — Seacrest Boulevard Landscape
The Design Builder shall conduct preliminary meetings with City and County pennitting agencies
utilizing the plans provided in the RFQ to determine the requirements for construction of the landscaping
on Seacrest Boulevard. The Design Builder will conduct the necessary investigations to determine the
cost to construct the landscape improvements and 2" reuse water main.
Subtask 2.4 - Regulatory Agency/ Permit Review, Coordination and Applications
The Design - Builder shall provide preliminary geotechnical investigations, topographic surveys and
utility locates, and coordination with regulatory agencies. It is assumed that no environmental hazards,
such as underground storage tanks, asbestos, and contaminated soil, will need to be identified, located,
remediated or disposed of as part of the work. Subtasks related to the work include:
Design and permitted plans for the Central Seacrest Corridor Drainage Improvements and Watermain
Replacement Contract 2 are provided and are to be utilized along with the project performance criteria,
for development of a GMP. Construction engineering and inspection associated with the construction of
this portion on the projects will be required. The Design - Builder will be responsible for reviewing and
becoming familiar with all permitting efforts that have been conducted and carrying these efforts forward,
and obtaining all permits that are required to design and construct the project. Preparation of complete
permit packages will be the responsibility of the Design- Builder. The Design - Builder must submit any
permit applications to the CITY for review and approval prior to submittal to any pen agencies. All
permits required for a particular construction activity will be acquired prior to commencing the particular
construction activity. Design- Builder will be required to pay all pennit fees. if any agency rejects or
denies a pen application, it is the Design- Builder's responsibility to make the necessary changes to
ensure the permit is approved.
Permit requirements are generally listed below; however, this list is not all- inclusive and the Design-
Builder shall provide all permits related to the project:
• Florida Department of Environmental Protection
• Palm Beach County Health Department (Expires 01/09/2019)
• City of Boynton Beach Building Department
• Florida Department of Transportation
• Palm Beach County Utilities Right -of -Way
• South Florida Management District (Expires 12/09/18)
• Palm Beach County Landscape
Where necessary, Design- Builder will discuss the proposed project with the applicable regulatory
agencies to fully define the pen requirements and to identify the major permitting issues that must be
RFC1# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment H
111r�rr�
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
resolved. A pennitting strategy shall be developed to address the major issues identified and to facilitate
the permit acquisition process. This scope assumes that public hearings will be required as part of the
permitting process.
Submit report and other design information as may be required specifically for environmental permitting.
Applications for the required pen and approvals shall be prepared for submittal to the respective
agencies. Where acceptable, Design - Builder will make applications directly.
Subtask 2.5 - Topographic and Hydrographic Field Survey and Locates
In addition to the topographic survey information provided in the Concept Construction Drawings. The
Design- Builder shall perform all additional surveying and mapping services necessary to construct the
existing neighborhood components and to complete the design and construction of the remaining project
components and to provide the CITY with an accurate record of all components, including all new
construction, underground lines and utility appurtenances. Survey services must also comply with all
pertinent Florida Statutes and applicable rules in the Florida Administrative Code.
The Design - Builder shall preform the necessary Hydrographic survey to collect infornation needed for
permitting the selected forcemain route, and for development of the GMP
Subtask 2.6 - Geotechnical Investigations
The available geotechnical information for project area was provided in the RFQ Appendix D. The
Design - Builder will be responsible for identifying and performing additional geotechnical investigation,
testing, analysis, and design dictated by project needs. All geotechnical work necessary shall be
perfonmed in accordance with the Governing Regulations and Standards. The Design- Builder shall be
responsible for its own analysis of all data provided and addition data needed to obtain permits and design
project features. The Design - Builder shall submit electronic copies of the Geotechnical (Soils) Report to
the OWNER.
Subtask 2.7 — Easement Acquisition
In order to install the intra- coastal waterway Forcemain crossing, construction and permanent easements
will need to be acquired from property owners. The Design - Builder will coordinate discussions with the
property owners for obtaining the required easements. The Design Builder will prepare documents needed
for recording the easements in the Palm Beach County Public records. The Owner will assist and
coordinate obtaining consent to accepting the easements from the City Commission.
TASK 3 - MEETINGS AND PROJECT MANAGEMENT
Activities performed under this task consist of those general functions required to maintain the project on
schedule, within budget, and that the quality of the work products defined within this scope is consistent
with Design-Builder's standards and Owner's expectations. Specific activities included are identified
below:
Subtask 3.1 - Progress Meetings
RF4# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment H
12 1 F
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
The Design- Builder will coordinate and conduct monthly progress meetings during the project duration.
Additionally, the Design- Builder will attend special meetings at the request of the OWNER from time to
time. An average of one (1) additional meeting per month with the OWNER staff is assumed. The
Design- Builder will prepare and distribute meeting minutes of each meeting as appropriate.
Subtask 3.2- Project Status Reports
Design- Builder's project manager will prepare and submit monthly written status reports for the life of
project.
TASK 4 - GMP PRICING
Design - Builder will develop a comprehensive GMP package that will clearly define the detailed scope,
schedule and anticipated budget to complete the design and construct the Central Seacrest Utility
Improvements Phase 2 project complete and operable.
TASK 5 - EARLY CONSTRUCTION ACTIVITIES
Subtask 5.1- Tree Removal and Replacement
Design- Builder will begin the relocation /removal - replacement of existing trees located within the public
right of way throughout the project after establishing a price for this task.
Subtask 5.2 — Sealcoat and Stripe Church Parking Lot
Based on the concept plan provided in the RFQ, the contractor shall coordinate with the First Presbyterian
Church to begin the seal coating and restriping of their existing asphalt parking lot.
Subtask 5.3 — Watermain, Driveway and Sidewalk Construction
Design- Builder will mobilize and begin early Construction activities associated with installation of
sidewalks, driveways and watermains after establishing a price for this task.
Subtask 5.4 - Project Quality Control (QC) Technical Review
An internal project quality management planning session will be conducted at the start of the project. This
action is required by Design - Builder' quality management system (QMS) guidelines.
OWNER'S RESPONSIBILITIES
The OWNER will provide the following to Design- Builder in a timely manner:
• Review of Design - Builder work products
• Data related to the project sites
• Access to the project sites
PRICE PROPOSAL ASSUMPTIONS
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment H
13 1 f ,
PROGRESSIVE DESIGN /BUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
Phase I design includes the requirements of the RFQ, addenda, and the following:
1. Conduct project kickoff meeting with the Owner staff
2. Review alternate design and performance criteria
3. Perform additional investigations as needed to develop design, permitting and construction
strategy.
4. Conduct design preferences workshop with the Owner staff
5. Conduct public workshop to review plans with stakeholders.
6. Advance design to the level to support application permitting and construction estimating and
construction.
7. Complete the permit applications
8. Conduct preliminary technical review committee (TRC) review meeting with the Owner staff
9. Submit package (preliminary evaluations, design, costs and permit applications to the Owner
for review)
10. Conduct one review meeting with the Owner staff
11. Finalize documents based upon Owner review comments.
TIME OF COMPLETION /SCHEDULE
CONSULTANT will provide the services for Phase I based on the durations as outlined in the above
scope within weeks of Notice to Proceed.
See Attachment C (Exhibit 1) - Phase 1 Completion Schedule
Task
Time of Completion
(weeks)
Notice to Proceed / Kickoff meeting
Reviewing of Project Performance Criteria /Value Engineering &
Desi
Public Involvement Neighborhood Meeting
Additional Investigation
Neighborhood Updated Red -Line Construction Plans
RFQ# 037 - 2821 -17 /TP Central Seacrest Corridor Utility Phase II (Design Build) -- Contract
Attachment H
14Rr,;
PROGRESSIVE DESIGNBUILD AGREEMENT
FOR
CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II
Forcemain Design Route Feasibility Memo
Detailed Surveys and Data Collection
Regulatory Agency Coordination
I
Topographic and Field Surveys
Easement(s) Coordination /Acquisition
Meetings & Reports
Early Construction Tasks
Negotiate / Finalize GMP
1
15 P
RFQ # 037- 2871 -17 /TP Central Seacrest Corridor utility Phase 11 (Design Build) -- Contract
Attachment